The New York Herald Newspaper, June 26, 1853, Page 2

METROPOLITAN PARKS. BB NEW YORK TO HAVE A GREEN SPOT? ‘Tho Two Reports to the Legislature. NECESSITY OF A CENTRAL PARK. GIVE LUNGS TO THE CITY, &e., &e., ke. The Central Park Report. REPORT OF THE MINORITY OF THE SELECT COMMIT- TES ON THE BILL RELATIVE TO A PUBLIC PARK IN NEW YORK. The undersigned, @ minority of the Select Com- mittee, (consisting of Messrs. Beekman, Cooley, and Bartlett,) appointed to take into consideration the bill entitled “An act relative to the purchase, pos- session, and laying out of certain lands for pen New ae the Nineteenth ward of the cit, ‘ork, and the powers and duties of the Mayor, Al- dermen, and Commonalty relative thereto,” with power to report complete, beg leave respectfully to make the following 4 REPORT. The committee have given the subject matter re- ferred to them that serious attention which its great importance seemed to demand—having held nu- merous sit for the purpose of hearing the wit nesses that have been presented by the friends of the bill, and by those opposed to its becoming & law. The testimony before the committee was, to a con- siderable extent, conflicting and contradictory, and some of the witnesses were evidently interested, pe- euniarily, and largely 80, in the scheme contem- _ in the bill of converting the plot of ground own as “‘Jones’ Wood” into a public Indeed, it Ted to the undersigned due, no less to the cause of justice than to the great interests of the city of New York, as well as to the hundreds of thousands of its teeming and rapidly increasing population, and the millions who may hereafter con- gate in that stirring city, which is destined, per- i to become the great commercial centre of the world, as it is now, pre-eminently that of this vast continent; and it is due, moreover, to the importance of the measure contemplated in the bill, which is to affect, for weal or woe, the social condition, comfort, convenience, health, taste and pleasurable enjoy. ment of myriads of human beings, to state, that the pate most active and urgent for the passage of the ill, are, themselves, confessedly interested peca- niarily, and will be largely benefitted in point of pro- perty should it become a law. 4 4 While the undersigned impugns no one’s motive in the advocacy of whatever course may be taken with respect to this, or any other measure, before this Bas body, he, nevertheless, deems it a duty incumbent on him to state these incontroverti- ble facts, which no one, it is presumed, will under- take to gainsay or deny. Those parties who have manifested so much anxiety to push this bill through the Legislature at this session, are all interested in landed estates near “Jones’ Wood,” which, should this bill, contrary to the wishes, as is believed by the undersigned, of a large majority of the property holders of New York, be passed into a law, will be greatly augmented in value. While this circumstance would not be entitled to the slightest consideration, were the ‘‘Jones’ Wood" site conceded to be the most eligible for the impor- tant purposes and improvements designed in the bill, it becomes exceedingly grave and interestin, when it is known that a far better and more central site exists, and that this described in the bill is ad- vocated by few, except those whose private interests are gat to be so largely advanced by an improve- ment, which, if made at all, must be done at the pub- lic expense. The evidence before the committee took a wide range, including the comparative advantages of the two sites had in view by the citizens of New York for a public k, to wit, “ Jones’ Wood,” bounded by Sixty-fourth street, from the East river to avenue A; by avenue A, from Sixty-fourth to Sixty-sixth streets; by Sixty-sixth street, from avenue A to the Third ave by the Third avenue,from Sixty-sixth to Seventy-fifth streets, and by Seventy-fifth street, from the Third avenue to the Hast river; and by the East river from Seventy-fifth street to Sixty-fourth street, containing about 159 acres, and situated on the extreme eastern verge of the city, and about six miles from the City Hall; and also a tract of land situated near the geographical centre of Manhattan Island, bounded by the Fifth and Bighth aveaues on the east and west, and by Sixtieth and 106th streets, on the north and south, containing about 760 acres, a plot of ground not only well adapted for park pur- poses and landscape adornment, but in size somewhat commensurate with the inevitable requirements of so vast a population as is doubtless destined, at no very distant day, to crowd that great commercial empori- um; a site, too, which is not only asked for by many thousand petitioners, but from the following preamble and resolutions passed by the two Boards of Alder- men and Assistants, and approved by the Mayor of the city of New York, on the llth inst., appears to have the unanimous voice of the city government in ite favor. Whereas, By a resolution of the Common Council adopted in January, 1852, the State Legislature were re quested to take no further ection in relation to the opening of the proposed Jones’ Wood park, by which request the subject has beer allowed to rest until the present session of the Legislature : It now appears, how- | ever, that certain interested parties are attempting to renew the subject, without, and independent 0%, say ‘eetion of the Common Council, in favor of the same: and | whereas, as far as ascertained, the proposed Central has met the general approbation of our citizens and the project being more feasible than that of Jones’ ‘Wood park, on the ground that, if carried into effect. it will embrace witbin its limits the present and contem pla ted reservoirs, and also be central to the islaud, where if « park is wanted at all, would be a proper locatioa for one; therefore, Resolved, That application be made to the Legislature, at its present sersiou, for a law authorizing the opeuing ‘of spark, the boundaries of which shail be southerly by Sixty third street, northerly by One Hundredth street, easterly by the Fifth avenue, and westerly by the Eighth 4 further, hat the Clerk of the Common Council be, nad is hereby directed to forward copies of the foregoing ble and resolutions to the members of the Logisls ware at Albany. Adopted by the Board of Aldermen, June 9, 1853. ‘Adovted by the Board of assistants, Jue 10, 1855. ‘Appreved by the Mavor. June 11, 1853. D. T. VALENTINE. Clerk CC, ity of New York. But for the cordial support of his Honor the Mayor, in whom the citizens ot New York have the tallest eonfidence, and who is connected with and advoca- ting all the great reform measures contemplated in | the administration of the government of that city, this recommendation of the Common Council should, as has been suggested by the majority of the com- mittee, be received with many grains of allowance. But, coming up to the Legislature, sanctioned as it is by that approval, the undersigned thinks it entitled to much weight and consideration. To the undersigned, it appears to be no more than justice requires to say, in answer to the implied | of the committee that a part | charge of the Resi of the signatures of the remonstrants against the passage of the ‘Jones’ Wood” park bill, were not nine, or that they were improperly obtained, that is possible that some of those signatures were en- at the request of bona fide citizens who could | net, or did not tor some good reason, really write their own names. It is quite impossible for the un- dersigned to determine how this is; and he thinks it may be no less difficult perhaps for the majority, who seem to doubt these, to ascertain with any great de- of certainty whether every signature obtained on the petition for the ‘‘ Jones” Wood” park bill, be really genuine or not» Nor does the undersigned deem it a very important inquiry; he will content himself with merely stating to the Senate that there were a very large number of petitions before the committee, | asking for the passage of the Jones’ Wood park, but, in his opinion, a much larger remonstrating against it. He has, however, not taken the trouble to count the names on either side; nor does he deem that at all important in coming to a fall understanding as to the wants of the citizens of New York, or with respect to the comparative merits of the two competing sites for conversion into a agi? park; for both have merits, and much may said on both sides of the question without doing any injustice to either. he evidence which has been given before the tommittee, as to the com- parative eligibility of the two sites of ground for the contemplated park, may be considered under two heads. First, as respects their situation in reference to the uestion of public convenience, and the influence of the position as regards the ventilation, and the con sequent healthful operation of grounds so appropri ated upon the atmosphere of the cit Secondly, the character of the two sites, simply as regards their respective fitnesa for their conversion into park like and ornamental public gronnds. On the one hand, evidence has been presented to the committee to show that there is upon the ground called ‘Jones’ Wood” a dense mass of forest trees of large size, which it has been alleged are of a valua- ble character for ornament in a park, and well adapt- ed to afford the requisite shade and seclusion, and this feature appears to be the only one of any weight which has bee ing the fitness of that site when put in competition with the site of the Central park; for, so far as the weight of testimony produced mit of no doubt that, in all other respects, the ad- vantages “Sosa nem by the central site are infinitely greater than those which are claimed in favor of “ Jones’ Wood," which is situated om one side of Manhattan Island, and on that side, moreo’ on which the largest amount of land traffic is located. On the other hand, evidence has been produced ggested to the committee, as show- | oe8, it appears to ad- | th before the committee in reference to the central site, | from which it appears that the contemplated ground is bounded, as has been already stated. by the Fifth and Kighth avenues on the east and west, and by Sixtieth and 106th streets on the north and south, as is indicated on the map accompanying thix report. The space of grond | trees | are rooted out. ges the viel acai of wegen 5 , some years hence, und is covered by the extension of the ae of much r consequence than it is at the pre- sent time; for it should be remembered that at pre- sent the locality of both the sites in Crag as well as a large extent of ground in the vicinity, is now 80 completely open an uncovered that there exists no apparent necessity to increase the ventilation, and erefore, on this branch of the subject, we must consider ourselves as legislating rather for the wants of the future than of the present. ; In reference to the second point to which the evi- dence has been directed—namely, the eligibilit) of the two sites—the position of “ Jones’ Wood” has stated to possess a water boun by the river, and a growth of forest trees, which, by thin , conld be immediately converted into park plantations, an pecunrene which further appeared by the evidence before the committee, the central site does not pos- sess to the same extent; and the undersigned was at first forcibly struck with the circumstance; but, subsequently, testimony was produced to show, upon principles which have appeared to his mind correct and conclusive, to convert ‘Jones’ Wood” into park scenery by such a demolition of the forest trees as would be necessary in order to ob- tain the breadth of green sward, and the broad ex- panse of glade and lawn, which would be no less es- sential for. the park-like character than it would be for the convenient accommodation of the crowds of citizens tor whose use we are asked to provide it, would undoubtedly endanger the future safety of a of the trees which would be left standing; inasmuch as it seems that when trees have grown to age in close proximity, the condition of their bark and ST is different Re Sha Sie the natural state of the same species when grown in open space; and that if the full influence of sun and air is admit- ted suddenly to them by the destruction of surround- ing trees, frequently the extremes of atmospheric changes to which they thereby become subjected is ey p Brest, and that gradual decay and death result em. In further proof of this, the undersigned begs to lay before the Senate the following extract from the excellent work called ‘The Planter’s Guide; or Peace essay on the best method of giving imme- fiate effect to wood by the removal of large trees and underwood, by Sir Henry Stewart, Bart., LL.D., F.R.S. E., etc.,"” 8vo. pp. 146, 147. there is no planter who, in the beginning, has not fallen into this mistake, before he had suilicient time te attend to the effects of heat and cold on the growth of wood. Allured by the fine forms of trees, by the talloess of their stems, the beauty of their bark, and their general appearance of heaith and strength, we naturally form the wish to transfer them 10 the lawn or open park; but we should reflect that how muchsoever they may pleaie the eye, there are no properties so unfit as these, for this degree of exposure. as they are generated solely by warmth and shelter, As well might we bring forth the native of the burniug plains of Asia or Africa, and in the light attire of those tropical climates, expec’ him toen dure a British’ winter. _kither the facts respecting ex posed and sheltered wood, as above stated, are incorrect and unfounded, er nature must be supposed +o act in contradiction to herself, if she sanctioned such incon- gruities. Yet, ninety nine times in a hundred, the success of an art which, if rightly understood, would be interest- ing to many. is fairly marred by this erroneous practice Nor are these the errors of youth'or inexperience. Two of our best informed writers Haucher and Marshall, regard the art as mainly applicable to the thinning of nurse: or plantations, and recommended it accordingly for that a Pieen, being transferred to a climate coler by several degrees than that in whieh they were trained, and with the peculiar conditions and properties adapted to the Ix¢- ter, internally decline. * * * The leaves, from the deprivation of shelter, cannot freely elaborate the sap; and the proper juice, on the other band, is chilled in its descent from the want of leaves, and bravches, snd bark sufficient to protect the rap vessels. Meanwhile, the vexed by the winds from every quarter; they want side boughs to nourish and balance them properly. Gradually they become stunted and hide-bound; the few bianches they have decay anc drop off, and ut last they In farther illustration of the correctness of this po- sition, the undersigned begs leave to add the follow- ing, from a very sensible and well written article on the “ treatment of woods,” published in the Horti- culturist and Journal of Rural Art and Rural Taste, for February, 1853, by William H. Scott, of Adrian, Michigan. “Mr. Scott says :— The experiments of burdreds, in attemnts to develope the sylvan beauties of wild wood. have failed from sudden and indiscriminate thinning. I have seeu the (fruits of it on my own ground. A varrow belt of forest, compoxed of oak. linden hickory, and elm was left a few years ago, on the front of a sloping fi Nobe old oaks some of them were, while standing in the chick fovest. Thoped that exposure to the light would force them to throw out branches from their paked bodies, and that rome of these days a pretty grove would be the resait, as many more sound trees, of a younger growth, were loft as body guards to sbield their stems. These younger have done their duty well; but the old ones struggied on from ‘ar to year, and refuse to be comforted by the youthful ‘ound them. Some of them have thrown out Jy branches, but ss many more look as if bei ning to decay. I hall, after all, look to the second growth for my permanent and most beautiful shades I beg leave to introduce the following letter, hand- ed me from an experienced gardener, who came to this city for the purpose of being heard upon this subject, but was obliged to leave town before the committee could conveniently take his testimony. Newark, N. J., June 18, 1853. W. A. Schermerhorn, Esq. Dear Sir—In reply to yours of the 11th instant, I an- | ewer that I have been largely engag+d in the eultivation of fruit and forest trees for the last fifteen years, I ain acquainted with the grounds conimoaly called | Jones’ Woods. A part of those grounds, on the borders | where the trees stand separately, aud all well formed and with plenty of side branches, might soon oud easily be converted into a fixe park. But the largest portion of it, which is densely covered with wood, would, in my opirion, require a long time, and be attended with many diffcul- ties in giviog it the necessary features of a park. The r00!s of tees which stand in a thick wood, rup along near the surface of the ground for the mort part. In thinning out such trees, thore left are liable to be blown over when ceprived of the support of those which stand around them, and frequently decay from the exposure of their trurks to the light. Even if they do live they never wake Sue park trees, having long naked stems, without branches, affording bat littie shade. I think that a yourg plantation of trees, embracing all the hardy varie- ties would, ina few years, be much more beautiful and attractive than this’ In confirmation of this I might mentien many examples which have come under my own observation The late Wm. Gibbons, Esq , of New Jersey, built a | bouse in a pative wood, very similar to the Jones’ Wood. some twenty years ‘since, He designed thioning out the superfluous trees leaving only the best siagle spe- cimens or groups. But he foawd ia removing tho-e which he did not want, he lost many which he wi-hed to pre- serve. Ona large portion of his grounds be discontinued the thinning process entirely. It was impossible to make a fine lawn, or make other varieties of trees grow wel! ua- | dec the shade of the native trees. Som» eleven years since Mr. F. S. Lathrop commenced improving and planting a | piece of ground adjoining that of Mr. Gibboas, wish a fine as-ortment of deciduous and evergreen trees. It ix the remark of every one who passes the two places, that the verises ard trees of Mr. L are already by far the most autiful. Many of his trees aie mow over forty feet high, and of fine form. The Hon. Mahion Dickerson, ot New Jersey, built his bonse, sme thirty years since, on grounds, a part of which vered with @ thick grove of naive trees, and the remainder entirely bare of trees. Tne naked part he planted with five aud extensive variety of trees, and this part is now ineomparably more beautiful than the native growth, as great a difference as there is between a refined acd polished centlewan and a wild savage A great many examples of this kind may be found in every port of our country. Ltbink you will find my views confirmed by referring to Downtng’s Horticulturist, pages 345, 345, 347, 348 and 427; also, the February number of the Horticulturist for the prevent year, page 70: also, Sir Henvy Stuart's Plant ers’ Guide, ‘pages 146 and 147.’ You will also find much on this subject in the late numbers of Hovey’s Magazine, | published at Boston, and a vast deal io the voluminous works of London, particularly his magine, vol. 10, page 482 Jam familiar with the ground which it is proposed to convert into what is called the “Central Park.” In my judgment it is more suitable for a public park thaa Jones’ ‘Woods, from its more eentral position, larger size and di versified surface. Every variety of hardy trees and shrub might be grown suecessfully upon this ground, as some tions are quite elevated and dry, whi'e others are | wand moist, thus affording to each variety of tree a place and soil most suitable for its vigorous gro#th. The woxt interesting and exteorive arboretum in the country should be made there. The formation of the ground is such, that with judicious plaoting and layiog out, the ahole might be made most beautifal and picturesque. Yours very respectfully, SAMUEL J, GUSTIN It would be easy to mu'tiply testimony in confirm- ation of the fact that trees grown to mature age and | size in dense proximity when suddenly exposed to | | the action of light, air, sun and winds, uncovered and | unsustained by the natural support by thinning the surrounding forests, lose their aceustoined vigor and | fullness of foliage, and gradually decay and die. Upon this subject, however, the evidence befo! the committee was somewhat conflicting, and con: siderable difference of opinion appeared to prevail as to the extent to which this evil was to be apprehend- | ed. But the effect produced upon the miud of the | undersigned has been, decidedly, that the tii in question would be attended with much efficacy of the undertaking; for he observed that those witnesses who expressed an opinion in favor of the thinning process, were careful to guard their tes timony by confining it to the practicability of the cutting of paths and roads through the wood, with- out adverting to the more extensive, but equally re- oo operation of throwing open wide reaches of park. The evidence given upon the eligibility of the cen- tral site, weat to show that some parts of the ground were rough and undrained, but admit of read drainage ; and that considerable other parts a: well adapted to conversion into park scenery atyonce, and could be devoted to the public ase wittiont much delay. And further, that the undulating, irregular surface, and the command of water on the spot for | live force sufficiently strong the formation of fountains and ather artificial orna- mental gnrpores, afford great facilities there, which isnow open, baying upon it} Jones’ Yond has not; ud that jn skilful hands, the subject. The park Li ature, on the ground of its ne- cessity for the hi of the city, and for the conve- nience and enjoyment of the D8. In the first aoe we must inclade both eat sion for ventilation of that which we expect will become a gener. populated neighborhood, and the convenience of i yagi for ready access by the greatest number of the inhabitants for the purpo- ses of air and exercise. In both these respects, it it appears to the undersigned, that the central lo- cation, simply from its Reiten, being. approach- able on either side by Fifth and Eighth ave- nues, affords advantages which no change of cir- cumstances can ever impart to ‘ Jones’ Wood.” While its situation can never interfere with the rapidly augmenting traffic of the city, which has already been adverted to, and is, in opinion of the undersigned, a circumstance of no little weight and importance in favor of that locality. It has appeared to the undersigned that in com- paring the Ci ark of the two sites, the relative size of them should alone determine the question. To provide a ats for a city now numbering 600,000 or 700,000 inhabitants, and which is rapidly increas- ing, and likely to increase for generations to come, of a hundred and sixty acres only, is to disregard en- tirely, the wants even of our own times. But when it is Tenet a we uae now asked to provide for @ population, which no thinking man can sappose wil be bounded, otherwise, in a few years, than by the utmost limits of the island ituef, {t very clearl appears to the ae Sit that the large site of 76 acres is far less than experience shows to all who are conversant with the subject, is the rela- tive and reasonable requirement of so yast a com- munity. ‘The late lamented A. J. Downing, the greatest and most accomplished landscape gardener we have ever had in this country, writing in the Horticulturist for August, 1851, (p:346,) of the project of a public park in the city of New York, says: “Five hundred acres is the smallest area that should bo reserved for the future wants of sucha city; nom, while it may be obtained. five hundred acres may be relected betveen Thirty ninth street and the Harlem river, including a varied surface of land, a good desl of which is yet waste area. so that the whole may be pur- chased for something like a million of dollars. In that area there would be space enough to have broad reaches of park and pleasure grounds, with a real feeling of the breadth and beauty of green fields, the perfumes and freshness of nature. In its midst would be located the great dist ibuting seservoirs of the Croton aqueduct, form- ed into lovely lakes of lirapia water, covering many acres and heightening the cbarm of the sylvan accessories by the finest natural contrast. In such # park, the citizens who would take excursions in carriages, or on horseback, could have the substantial delights of country roads and country seonery. and forget for a time the rattle of the pavements and the glare of brick walls. Pedestrians would find quiet and seciuded walks when they wished to be solitary, snd broad alleys filled with thousands of hap- Py faces, when they would be gay. The thoughtful deni- zen of the town would zo out there in the morning to hold converre with the whispering trees, and the wearied tradesmen in the evering. to enjey an hour of happiness, by mingling in the open space with all the worl. The many beauties and utili which would gradu- ally grow out of a great perk like this, in s great city like New York, suggest themselves immediately aud forcibly. Where would be found se fitting a position for noble works of art, the statues, monuments, and build ings commemorative at once of the great men of the na- tion, of the history of the age and country, and the genius of cur highest artists? In the broad area of such & verdant zone would gredually grow up, as the wealth of the city increases. winter gardens of glass, like the great Crystal Palace, where the whole people could luxu yiate in groves of the palms and spice trees of the tropics at the same moment that slvigbing parties glided swiftly oud noirelessly over the snow covered surface of the country-lke avenves of the wintry park without. Zoological ‘gardens, like those in London and Paris, would gradually be formed, by private subscription or publie fond, ‘where thousands of old snd youn, would fird daily pleasure in studying natural bi tery, iMustrated by e wildest and strsngest ani nals of the globe, almost as much at home in their nad- docks ard jungles, as if in their native forests; and bor culturis indnstris! secieties would hold their an nual shows there, and great expositions of the aris would ake place in spactous buileings withia the park, far more fittingly than in the noise and din of the crowded streets of the city Even ‘the central site of seven hundred and sixty acres, in contrast with the park conveniences con- nected with the great cities of Europeyappears to be entirely inadequate to the growing requirements of New York, which has already attained a population ‘ing a fourth of that of Pondons and that city ween seven and eight thousand acres of par! plentations within its own precincts, or in the imme- diate vicinity of the town, which are always accessi- ble and open at all times to the enjoyment of the population. Many of the private parks of the nobili- ty of England bave from one te two thousand acres, within a single enclosure, with broad roads and well dressed paths reaching in all the directions, dotted with grest spreading trees, all planted and maturely grown. Even Dublin has her great green park of two or three thousand acres; while Paris literally re- poses in deneiaee eet park and yublic garden scenery of indescribable beauty, extent and richness. The great garden of the Tuilleries, dressed out with statuary, fountains, and groves, and broad alleys and ample walks, fragrant and beautified with | bright flowers, is the daily delight and admiration of all Paris; while at a little distance from it, as you | pass through the great fountain-embellished sroats or Place Louis XJV., you enter the woody Elysian fields, stretching quite out to the great triumphal | and still beyond this you may | arch of Napoleon; drive for many miles through the immense Bois de Boulogne—a vast and well-preserved plantation of full grown trees, intersected with broad, smooth carriage roads and gravelled walks. Nor is this scarcely a beginning, for a short drive farther on — the outskirts of Paris you may luxuriate every day in the year in the freedom of three thousand acres of imperial grove and flower gardens at Versailles, lively and beautitied with gushing fountains, and loaded with the rich spoils of art, and surrounded with astonishing architectural grandeur and mag- nificence! Nor is this all; you have yet to wander through the great royal hunting park and pleasure grounds at Fontainbleau; and then you may return and sit down in admiration beneath the leafy groves of St. Cloud, and regale ee with the fragrance of those flower-clad and beauteous grounds, full of joy- ous faces and bounding hearts; nor need you stop here, for you have yet other ample flelds of pleasure grounds for exploration, where the swelling tide of populous Paris flows out daily to breathe the pure air of heaven--a reason, perhaps, why the people of that gay city are the merriest and most joyous of “y in the world. Nor is the lovely metropolis of Austria, the gay and beautiful city of Vienna, less rich in landscape adornment, or less amply provided with park plan- tations and public garden conveniences and embel- lishment, than light, volatile, pleasure-consecrated Paris. There, for miles, you may drive or walk around her lofty and well preserved ramparts, be- neath the rich foliage of well trained groves, studding the green glacia, spreading out its ample borders and encircling, as with a zone ot beauty, the loveliest city in Europe; while, beyond this green breathing belt of refreshing fields, glowing with myriads of happy beings, charm- ed with delightful music, which is always there, you have another and a more modem town of surround- ing suburbs, larger than the city itself, end encircling entirely both the green glacis and the ancient town and you have only to pass beyond these suburbs, and you are inthe great world-famed Prater of Vien- na, spreading out in broad amplitude over an area larger than the entire city limitsof New York, laved | by the surging current of the Danube, beautified with leafy trees and blooming flowers, with great broad carriage drives and long reaches of well dress- ed green sward, intersected with enchanting walks, filled with bounding deer, and happy people, driving, chatting, walking, sipping their coffee, smoking their unique pipes, perhaps dancing; while music rings and keeps time to the joyous en gd crowds that there daily congregate and drink in the healthful and animating influences of that delightful spot. Nor is this all, for a short drive will bring you to the pleasure grounds of Schoenbrunn palace, am ple and beautifol as lavish wealth and art can achieve; and near to these you may enter the zoological gardens of Schoenbrunn, with their rare plants and spicy groves, with ther wild animals and pretty birds. And, moreover, you have the Volksgarten, teeming with beauty and ringing with sweet wic; and yet other large pleasure on fete days, the moving population of the town, spread out like an unnumbered host and mingle in the joyous surroending scene. And what is tree with respect to park scenery in Paris and Vienna, is also true with regard to l’lo- rence, Rome, Milan, Dvesden, Leipsic, Frankfort, Amsterdam, the Hague, indeed, of nearly every large city in Europe; they are all amply provided with great green sward ventilators, and breathing plots of | beavtified pleasere fields. Bot these, it must be re- membered, are all in Europe, where they have a po- keep these great and desirable accesories to city life and comfort ia good order—to guard them Jrom annoying vagrants and Girsipated horve-jockies gamblers, pick-pockets, ruffians, and blackguardit’¢ marauders—consequent- ly, they are daily frequeuted by all classes of community—by the prince and the peasant—t the monarch and his subjett—by people of al nations, kipdreds and tongues—.; and poor—and none are there insu ed, crowded, jos- tled or annoyed; there is room engugh, pleasure and low, rich | : ret pat dl ed citizens of New York? Could they sit their little family fom beneath’ the cooling shade, without danger of being insulted, run over, knocked down, pears Oba, and may be murdered? I not. fink perience has ars tested this sadly at Hoboken, on Staten Island, ai at many other places of general resort in the open grounds in the city and dheinity. Even here, in comparatively quiet town, outrages of this kind oc- cur, as for example the following, cut fram a daily paper, will show:— Ovrracs. — On Saturca; evening, abous 80'clock, Barks, a of this city, & you ‘soe house, he was of rowdies, knocked down deaten manner, at the same time an oe set upon bys in a most licemen were near to arrest the assault or the offe But, inasmuch as weare asked to provide this park accommodation, rather for those who will come after us, than for the present ipenerasion “for 8 populate that, in a quarter of a century, will ex: a million and a half—when a more stringent’ and effec- tive police system must ef necessity be in- troduced; when the government of ‘the must be sufficiently felt to the Ley when no ruffian execution of wholesome laws will, for an instant, be tolerated; when rowd: is and rebellion will be fearlessly put down; when order will be preserved and marauders punished; when drunken political vagrants will not dare to assail with midnight bludgeons, unoffending citizens who may be peaca- bly aseembled for the transaction of important busi- ness; when, for detestable deeds, crac drunken ruffians will cease to be rewarded by high official functionaries of the general government; when the voice of the people, fairly expressed, must be the guiding power of political action, or democracy must bow beneath the tyrannical tread of dishonor and anarchy; when no banded club of unprincipled, de- based, cowardly loafers, recreant to all the high moral obligations due to citizens Eomented by our laws, may not put those laws at defiance, and at noon-day, bask in the sunshine of political favor; when the good man and his goods may be safe and the bad promptly punished and put out of the pale of society, as objects of detestation and pity, instead of re ;. in short, when safli- cient order and regularity shall be introduced and sustained to secure the just rights and nal safety of all the vast pepalaer of the city; the un- dersigned is decidedly of the opinion that a park site should be speedily selected, and that nowis, perhaps, a more favorable period for its selection than will be likely seein soon to occur. In making such selection the undersigned has no hesitation in come} his preference, in all respects in favor of the central and larger site, and that, more- over, the balance of testimony before the committee was decidedly in favor of that location. The nt open character of the upper part of the city, affords time for the formation and future growth of planta- tions now to be made, and the great doubt, to say the least of it, that appears to exist, about the prac- ticability of so thinning and cutting ‘‘Jones’ Wood” as to render the trees left, permanently useful, as well as the still more important fact of the plot of ground being entirely too small for the purposes of a public park, and its location unfavorable, it is clearly evident to the undersigned that the central site should be adopted, and the weight of evidence before the com- mittee heavily preponderates in favor of the same conclusion. It is in the central part of the island, and holds out a fair prospect of its conversion, within such a time asthe real interests of the community require it, into a park which, in itself, will bear some pro- ortion to the requirements of the city, which will form one of its greatest ornaments, and which will be creditable to the Legislature under whose action it has originated. The undersigned knows not hew more appropri- ately to conclude this hasty and imperfect report than by adding the following extract from an able | and very elaborate report of the special committee ; on parks, appointed by the Board of Aldermen, as appears by the following preamble and resolution adopted August 5, 1! Whereas, The Legisiature, at its recent extra session, passed an’ act, authorizing the Mayor, Aidecmen and Commoralty of this city to purchase or take, through commissioners to be appointed for that purpose, tue grourd jying between the Thud avenue and Kast river, } avd Sixty wath ap enty filth streets; and also that | ly ng between avenue A, and the East rivec, and Sixty- | fant end Sixty-sixth streets, to remain, and be used hereatier a8 @ public pai Avd wherest, public opinion seems to demand that the city government, } ying into effect the objxet con- | templated by the act referred to, should adopt the most liberal evlightened messures, in order to make the pro pored pleasure rounds in its locality, conveniently acces- sibe to all-in ils dunension, equal to the present avd | prospective wants of a great and rapid)y-increasing city and, in future ertablisbment, corresponding to the ealth and greatzess of the commercial metropolis; therefe Reselved, That it be referred to ® special committee of this board to¢xamine sod report upon the advantages acd disadvantages of the ground derignated in the act of tne I-gisinture, and leo whether there be not a better | locality fer sveb park, with comparison of size, capacity for ruse] embellishment, general topographical features, and probeble cost of each; and. also, whether it be not | advisable to include within the limits of such purchace, | ground for the new reservoir; and, generally. all such facts and inferences ar may enable the Common Council to pro- ceed understandingly ina matter involving so large an ex penditure of the publie money, and so important in its influence upon the prevent and future growth and pros- perity of the city, Bosrd of Aldermen, August 5, 1851. Adopted, and Alsermen Dooge, Dooley, and Briton appointed such com- mittee. (Signed) ‘J. W. WILSON, Deputy Clerk. peaking of the Central Park site, the committee 88: | There in no section of our island. of equal size, so well adapted by nature, or +0 susceptible of improvement and aderrment for the purposes of a large park as the one | vow under consideration, and none 60 diversifed Ia sur- face abounding so mueh in hill and dale, and intersected by so mevy vatural streams. The elevations in some ta rising to 140 feet above tide water, and the val- Jey in some parts being forty feet below ‘the grade of surroundiug streets. The valleys contain run’ a oumercus springy ond at a small cost oan be con, rted, where desirable, into artidicial Ink with water to any extent from the neve and supplied iling source of the Croton aqueduct, which will also supply fountains in apy part of the grounds with @ profusion of water, which will render fountains a distinguishing feature, an orein which this park will have s superiority over all other parks, owing to the unequalled supply of water from the greatest aqueduct of ancient or modern times, ‘The great, and at many points abrupt. difference of level of the surface, and the projecting points of rock, render there grounds peculiarly adapted to the construction of the most hewutiful and varied roads ; now winding around | the base of » projecting rocky hill,’ now traversing the bottom of a valley, sow climbing # gentle hill, aguin de- | scending to the low lands, passing beautitvl quiet lake; leaving this, Kighty-sixth street, the road will pas one of the greatest of modern works of Pp new reservoir, @ picturesque, irreguiarly-shaped artificial lake, containing nearly one hundred acres of water in one ylacid sheet—continuing to rise, gradually winding sround elevations, through gentle valleys, road will reach ‘the top of Harlem 105th street, having attained the hig island south of Fort Washington, and trom which a mag. nificent view is presented to the beholder in every direc- tion. From this point may be seen all the present city lving to the south and the bay cr it, the iatervenin, districts rapidly improving to the southern margin o' the park, and, when it is finished, the park its tending from its soutbern border two miles to the feet of the beholder, intersected by beautiful artificial lakes of Various sizes; by small streams, crossed by numerous marble or rustic bridges; by beautiful groves of trees of every variety, indigenous and exotic; by serpentine roads winding through velvet lawns decorated with spark fountains, and the whole surrounded by arehitectu works of every order and variety. Looking to the west will be seen the noble Hudson, extending from the bay (vhich can seen as far the Narrows) up to the Pali in the distance, and the moun- tains in the interior of the State of New Jersey, in the extreme west, Looking in s northerly direction’ cam be seen, across the Hariem river. the High bridge, t strueture which briegs the Croton land, and the other bridges, which connect York with the county of Westchester, which pre- sentsto our view its fertile farms, beautiful gardens, tastetul villa: id thriving villages eastern view embraces a cousderable portion of eof Connecticut and of the Sound, separating it from Leng Isiavd, alo the East river, stud‘ted with i-lanéa, running from Hellgate to Governor's Island, and repsrating this city from the shore of Long Island, which shows ux Flushing, Artoria, Ravenswood Greenport, Bush nick liamsburg. Brooklyn, &c, Having com: plated the view. of which only sume of the most striking points are here noted, #e return to the road. which takes us to the lower endof the park by a different, but not lens varied route, baving travelled a distaoce of not less tweniy-five miles, In estimating the comparative cost of the central site and Jones’ Wood, | present the following :— The diflerence in the cost and extent of the ground for the two pay For Central park. tam O34 acres. 1pbig itt 4 acres more for Central park, which includes the present reservoir and the Ar-evel, and St. Vincent grounds, which need not be | purchased, containing 57 acres, and also about 135 acres, now belonging to the city: which is, in fact, 4141,acres more than Jones’ park, for $706,750, which is about the cost of Jones’ park. It is, therefore, to be borne in mind, that in pur- chasing Jones’ park, we pay for all the land included within the limits of the park; whereas, in the acqui- mn of Central park, we enclose an area of 769} acres for park purposes, and have only to pay for J acres, including ground for the new reservoir, which the city will purchase in any event. This hap- | | view because 57 acrea tobe enclosed helong to the State $1,407,325 for 700, ce your committee to recommend the pu: peppy preference to Jones’ park.”” ‘The undersigned bas examined the bill introduced yesterday by the Honorable Senator from the Sixth, ‘Mr. Morgan,) authorizing the Mayor, Aldermen and ‘ommonalty of the city of New York, undera com- missioner to be duly appointed for that purpose, to take possesion of the lands known and described as the central site, with a view to ita conversion into a public park, and he approuves of the same, and re- commends its fe. Jamas E, Cooney. ALBayy, June 22, 1853. ‘The Jones’ Park Report. REPORT OF THE SELECT COMMITTEE ON THE BILL RELAJIVE TO A PUBLIC PARK IN NEW YORK. The sAect committee, (the Senator from the First district dissenting,) to which was referred. with pow- er to re} complete, the bill from the Assembly, entitled ‘‘An act relative to the purchase, ion, and laying out of certain lands tor a lie park in the Ni th ward of the city of New York, and the powers and duties of the Mayor, Aldermen, and Commonalty relative thereto.” REPORT. That from the numerous petitions submitted to them by the Senate, it is apparent that the residents of New York city are very (ecient agreed as to the necessity of some a pu ic park in the upper wards. ‘Since the bill which passed the Assembly on the 2d April last was referred to yor committee up to the date of this report, about 10,000 petitioners, over their own proper signatures, have memorialized the ture, praying that the lands lying between Sixty-sixth street and enty-fifth street, and Third avenue, and the East river, popularly known as Jones’ Wood, be laid out asa public park. During the same time nearly nine thousand remonstrants have prayed that Jones’ Wood be not taken for such purpose because it is not sufiiciently central. Of these names, however, over 1,100 are in the same hand-writing and without address, and are, therefore, doubtful. Fifty-three of these remonstrants have, at the same spiny A by for the purchase of land lying between Sixtieth and One hundred and sixth streets, and Fifth and Eighth avenues. Twelve other remonstrants against Jones’ Wood Park, pry for the purchase of a central plot, from about Sixty-seventh to One hundredth streets. The Corporation of New York have also presented resolutions, setting forth that the reser central park has met the as approbation of their citi- zens, that Jones’ Wood park has been urged by certain interested parties, without any action of the Common Council in favor of the same, and that appli- cation be made to the Legislature at its present ses- sion for a law authorizing the opening of a pari the boundaries of which shall be southerly by Sixty-third street, northerly by One hundredth street, easterly by the Fifth avenue, and westerly by Eighth avenue. It will be sufficient to call the attention of the Sen- ate to the fact that the Common Council of New York, already iufurous for its corruption and venality in railroads, Russ pavements, and contracts, has been repudiated by its constituency ata recent election, by a vote of ten to one; 33,000 to 3,000. Any recom- mendation from such a source may fairly be suspect- ed, and your committee do not attach to it the slight- est importance. Of the 9,000 remonstrants, 673 regard the present time as unpropitious for such a matter of mere lux- ury,and do not ask for any te They say that Jones’ Wood is more valuable than land in the cen- tre of the island; 359 candidly rest their objections upon the fact that Jones’ Wood is too remote from eir property. y Another remonstrance, emphatically declaring that there is not one good reason for making a park at the place in question, signed by a single remon- strant, is remarkable from the fact that the signer was the counsel for the owners of the land when the law of 1851, laying out Jones’ park was decided to be invalid by Judge Edmonds. A number of petitions, headed in English and in German, ‘‘for a central park,” were also referred to your committee on the 15th June. Many pages of the signatures are in the same handwriting, and without the residences of the pretended signers, not Jess than two hundred and fifteen names having been counted in one petition which could not have been genuine. In another appear five hundred and twenty-nine | such names. A third petition contains three hundred and seventy-four. Another petition, in English, signed by six hundred and séventy-nine residents of New York, prays for a central park, iv preference to Jones’ Wood. A remonstrance against Jones’ Wood park, is signed by several prominent citizens of New York, who pray that a central park may be laid out, and that the expense of it be borne as a common charge. Another memorial asks for the central park, por- vided its cost shall not exceed fifteen hundred thou- sand dollars. The petitioners for either park equal those for the other so nearly, that your committee can only report with certainty that over eighteen thousand citizens of New York pray for some large public park. Your committee, thoroughly impressed with the necessity of public grounds to the health and well being of a metropolis, would recommend the estab- lishment of both the Jones’ and the Central park, if bills for both were before them. Upon the first of theee measures they are now called upon to decide, and they have not neglected to avail themselves of such information as was within their reach. They have examined witnesses as to the capability of the Jones’ Wood park for park purposes; as to the value of the native forest trees, when opened up to the light by paths and road-ways; as to the value of the land as compared with that proposed to be taken | for a central park; as to the advantage of a river front, and also upon the topography of the central site, and its adaptation to public uses. Professor Torrey, the well known State botanist and geologist, testified that he had been a student of botany from a bey; that he had known Jones’ Wood all his life, and visited them often while pursuin; his researches; that the ground was two and a half or three miles from Union Square; that the surface ‘was varied, undulating, having a rocky shore, with a great depth of water. Dr. Torrey said that a large part of the ground is well wooded, and knew no rea- son why trees should suffer by opening paths. It has not been the case in Greenwood. He did not appre- hend any danger to the tives from thinning out, and described them as tulip trees, oak, birch, hickory, &c. He deems the water front a great advantage, on account of the view and air, and said that he pre- fers the east side of the island to the centre for a park, chiefly on account of the water and the noble trees. Dr. Torrey thinks a park would be of great advantage to the public health, and says that the high and central parts of the island are more sickly than the east side, and the draining of Jones’ Wood is better than of the central lands. Dr. Torrey described the parks in London, which he said were frequented by all classes—spoke of the deep interest he felt in this measure as a sanitary one, because Jones’ Wood could be at once converted into public grounds without waiting for planted trees to_grow. m. Curr, a gardener, of thirty-five years expe- rience in and about New York, who d in laying out Greenwood, Trinity and other ceme- teries, Union, Washington, Madison, and Stu, vesant squares, testified that all the city grounds were originally quite bare. He had found no diffi- culty, however in thinning out trees in cemeteries. Greenwood had not suffered; he knew Jones’ Wood well; described its surface as undulating, the trees as large and finer than at Greenwood. Nature, he said has made it a park, and if purchased, one year would render it available to the public. A landscape gar- dener, he said, would prefer ground covered with trees to produce effect, on account of time saved. Mr. Curr decidedly preferred Jones’ Wood to the Cen- tral park. : Mr. Rufus Prime stated that he was well acquaint- ed with Jones’ Wood, having lived in that vicinity all bis life. He said that land there was less valuable than in the middle of the island, as he knew from sales during the last six months—the value of lots being $500 each—he much preferred Jones’ Wood, which in his judgment, combines all the requisites for a park; he knew of no purchases or speculations made with reference to Jones’ Wood, was not himself interested; thinksa park absolutely necessary in New York, and that Jones’ Wood will give prompt enjoy- ment in return for the outlay. Mr. Thomas Hogg, being examined, stated that he had been well acquainted with Jones’ Wood formany years, and that it can be made a park of ata cheaper rate than any other part of the island; the trees are well grown, the land is good, and there is a fine wa ter front; he had practiced horticulture for fifty years in Great Britain and this country, was certain that drives, if laid ont, would not cause the death of the trees; has only to refer to Greenwood, and Dr. Hosack’s place at Hyde Park; he thought it would require a very large sum to render the central park available; there is a great deal of swamp; for the present gene- ration Jones’ Wood is of most advantage. Mr. Benjamin Munn, a landseape gardener, had ex- amined both sites and {pao the central one;thinks thinning the trees in Jones’ Wood might be danger- ous, am would prefer the central park for the gene- ralhealth. He had never visited Greenwood, nor had any experience in thinning out natural woods in this country, nor had he laid out any parks in Europe or America. Mr. James Hogg, a nurseryman of twenty years experience, stated that he was well acquainted with Jones’ Wood, and described the trees as oak, tulip tree, liquid amber, white birch, &c. He was familiar with the central park site also; prefer Jones’ Wood, because already covered with trees and available. He instanced Mr. Wm. Kelly's, Dr. Hosack’s, and Greenwood, ag placea where ‘the natural trees thin- ned out, had thriven well. Mr. Hogg considered a park a matter of necessity, and quoted the city in- Areepe!, and to Mount St. Vincent Academy, | speetor's report to how that 62 per eent of all deaths nues; te of roposed central park , 876, and also et at twenty-two lots of Second and Third avenues and Seventy-t She: most vaioalilg it 0 Jonee! Wi . average per , or per block, $36,700. Full notes of the testimony teker 1 this report, to which appendix your committee wonld re- fer for more minute details. t Mr. Semuel J. Gustin, a gardener and nuweeryman of New Jersey, appeared before the chairman of the select committee and stated that his-experience taught him to planted es to natural for- est for ornamental pu le instanced two gen- tlemen’s seats in New Jersey, one of which'retained 8 the central park preferable to the cause it will afford more scope for the gardener’s art, for skilful and extensive planting and artistic effect, where everything is to be created by the land- scape gardener, e . fer carefully weighing the sul teferred to them, your committee were disposed to recommend tothe Senate the bill as it came from the Assembly, without amendment, as proper to become a law. They Gud that an act was passed in Jnly, 1851, which ba nse one is designed merely to revive and amend; that the land it proposes to convert to the public use is eminently adapted to all the wants of health and pleasure; that it will cost only half as much per acre, as the central site; that ite noble forest trees will afford immedate enjoyment to the pens up citizens of New York, an enjoyment which ey have prayed for, and are willing to: pay for. The committee, by no means, jeans to inter- pose a single objection to larger :and more central park, which ought to be established at ap early day, and which they heartily recommend as a provision for the future. They think, however, that the present has some claims, and that the panting and crowded families of the lese wealthy, whose children fill the bills of mortality, are entitled to ask, what yor Saetas e for ns 7 Wh: should they be taxed now to it groves, which | seventy years hence may shelter those. who come after them, when health and pure air, wafted from the breezy river, through simple shades, are within | their present ? . In the words of Mr. William Curr, “ theichief ad- vantage of Jones’ Wood is, that the trees are already planted, and its being available to the present gene- ration at a small expense.”” So earnest is the opposition to this measure on the part of some of the owners of the land to be taken, that sid committee would hesitate to urge it, from considerations of deterence to those who see no such public necessity in a park, as would reconcile them to the loss of their land if taken for a street, a rail- road or reservoir; When to this is added a weight of petition in favor of another locality as strong as that which prays for Jones’ Wood, it seems, ‘perhaps, wisest to refer to the new city government of New York the choice of sites. Your committee, impressed with the defienc; of New York in public grounds, would recommen the purchase of both? or, perhaps, the securing of oae,.y ities delay, and the other, at the option of the city. From a recent work on the parks, ns, &e., of London and its suburbs, by Edward Kemp, 1851, it appears that the well known St. James park, con- tains but 87 acres, and the Green eae adjoining, and separated only by a street, (the Mall,) is an open area of 56 acres. Both together they cover but 143 acres less thanfJones’ Wood, which occupies 166 acres. “London,” says Kemp, “like most other large and populous towns, has gradually spread itself s0 completely over the open spaces which formerly surrounded it, that it is now, as respects the number | of its inhabitants, by no means liberally sup- plied with breathing places, or the means of | open air recreation. And this encroachment on its suburbs has been effected with such Wider bale slowness, and so silently, that it is only by the occurrence of modern epidemics, producing that attention to sanitary matters which forms such a prominent feature of the present age, that the ne- cessity for good public parks has been duly recog- | nized, and the insufficiency of those already existing, | properly felt. Attention having, however, been awakened to the matter, the evil has already been in part remedied, and farther provision for meeting the public wants isin process of being made. There are also many open commons in the vicinity of the me- tropolis which, as we shall afterwards show, answer all the purposes of parks. Let us see how many acres of parks and commons are now open to the Londoner. Lying within London itself, there are— St. James’ park. Green park 87 acres, oo. Hyde park gag” Regents 450 | Greenwich 2000 | Victoria 300“ OM cs te ae vunet aEay - 1442 and at Lambeth, on the other side of the Thames, Battersea park, 200 acres. No mention is made of the “squares’’ which resemble the Washington or Union squares of New York, and are deemed too | small for notice. Then ten miles from London, are Richmond Hill and park, 2,253 acres, Windsor park, divided into Little park, 500 acres; Great park, 1,800, nd within one hour's ride by railroad. Close by the city, and stretching, says Kemp, in a a kind of chain, none of them being more than a mile apart, beginning with Kensington common, a famous cricket ground quite in London, are Clapham com- mon, Wandsworth common, Tooting common, Strea, tham common, Mitcham common, Wimbledon, com. mon, alone containing about 1,000 acres, Pultney heath, Barnes’ common, Hempstead Heath—compris: ing among them all several thousands of acres. Then there are many public gardens, where, as in Ken- sington gardens, beneath one immense and almost continuous mass of shade, the public may frecly er- joy the most luxurious summer rambles. They are adraitted to x Kensington gardens, which at present cover near- ly three hundred acres. Royal Botanic gardens, Kew, seventy-five acres. Kew pleasure grounds, one hundred and thirty acres. bd Horticultural Society’s garden, Chiswick. Royal Botanic ens, Regents’ Park, eighteen acres. Chelsea Botanic gardens. Temple gardens, London. Hampton Court gardens. Beulah Spa, N , seven miles from London. Not including the numerous commons, more than seven thousand acres of park and garden are open to the London public. The commons offer not less than four or five thousand acres more to the unrestricted use and abuse, if it be possible, of the townspeople. How does this ample provision of breathing places, for a Pon of 2,300,000, compare with New York? London gives to every 100,000, five hundred acres of public pleasure ground. New York, with over 600,000 inhabitants, hardly 100 acres, reck- ore the Battery, City Hall park, all the squares and Mt. Morris, to eke out the aggregate—sixteen acres to the hundred thousand of population. By saé want of forethought, akiu to that simplicit which constructed the rear of the City Hall towa: Chambers street of brown stone, because that side being towards the country where it would never be seen, white marble would have been ble Harlem commons have been sold, bl block, un now hardly a fraction remai The rivers it was supposed were lungs enough. The ferry boats wouid carry people to the Elysian fields, to the, ‘waste, unoccupied lands on the heights of Brooklyn, cr possibly they might, for all ages, find solitude ts )amble, unchecked by the vicinity of dwellings, ove he hills of Staten Island. The tide of population has, however, risen over all the shores around the American metropolis. Our health seeking citizen is| “heat by red bricks and garden palings at Hobo- boken and Jersy City, at Quarantine, at Stapleton , or at New Brighton, while Brooklyn (herselt a J iv. erpool,) has no vacant land for the recreation of ‘her own people. We must, therefore, give now to Ne York a great park. Her growth, her wealth, he futnre demand it, and the present will probably be| the last opportunity to give what she demands, The right of eminent domain, it has been held, is! not a power to be delegated. Such, however, has not been the doctrine ot the State of New York. The general railroad law, for instance, delegates this sov- reignty to any association who may form under its| its provisions, and permits persons not designated, to) take lands not named or described. Nor is the pub- lic necessity made a condition; for, as in the case of the Mohawk Valley Railroad, a line may be surveyed) and recorded, and the land of the private ow: seized upon, because the profits of a Senn at may) make it their interest to change their routé for the’ convenience of a part of their business. Your committee, therefore, feel that they are ad- vising no new or hazardous exercise of sovereignt; on the part of the State, in recommending, should! the Senate not pass the Assembly bill establishing Jones’ Wood as a park, the conferring upon the city} corporation of New York, to be elected at the next election in November next, full power to determine, by commissioners, what lands they shall take, and by another set of commissioners, value and pay for the lands so chosen for a public park. Tho} measure sent up by the Assembly is not a new one. An act. similar to this bill became a law in ae 1851,| but on account of some constitutional objectio Judge Edmonds declined to appoint commiasi of award and assessment to carry it into effect.| Good lawyers have held opposite inions, and it was apparently with a view to give vitality to an ex-