Excerpt from Practice Reports in the Supreme Court, Vol. 12: And Court of Appeals of the State of New-York

In reference to Castle Garden, in the city of New-York. In Nov., 1807, the corporation granted to the United States a small portion of the original battery, fronting Castle Garden, and also a water-lot, lying westwardly, "to be made land, and gained out of the Hudson River, of the breadth of three hundred feet." This water-lot they had no right to grant, it belonged to the state.

This defect in title Was supplied by the 2d section of an act of the legislature, passed in March, 1808; by which certain commissioners, appointed under a former act, were empowered "to grant to the United States, for the purpose of providing for the defence of the city, the use of any of the lands and waters belonging to the people of the state, in the city and county of New-York "which lands shall be granted on the express condition of their reverting to the people of this state in case they are not applied to the purposes aforesaid." (Sess. L. 1808,ch. 51.)

These commissioners, in July following, made a deed of cession to the United States of that part of the Battery which had been granted by the corporation, and extending westwardly into the river to the depth of five hundred feet, covering the whole of the water-lot aforesaid.

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