MVB to DeWitt Clinton, 19 March 1819

MVB to De Witt Clinton, 19 March 1819


I have examined the communication of Cyrenus Chapin, on the subject of the intrusions on Grand Island, and in obedience to the request of your Excellency, report my opinion as to the remedies which can, under existing laws, be resorted to in behalf of the state; those are, 1st, ejectment; 2d, writ of intrusion, or information by Attorney General for such intrusion, under the statute; 3d, actions of trespass, in the name of the people. Either of these remedies must, of necessity, be slow in its operation; and I submit to your Excellency, whether they are adapted to a case like this, or would probably be effectual. I fear they would not. Should your impressions on this subject be similar to mine, your Excellency will decide on the propriety of submitting the matter to the Legislature, for their special interference. It is no doubt competent for the Legislature, by act, to authorise some proper officer to remove the intruders without previous judicial interference. Such an act was passed in 1806, to meet a case by no means so pressing as the present, a copy of which act I herewith transmit to your Excellency.

With respect,

Your obedient servant.

M. VAN BUREN, Att'yGen.

Governor Clinton,

March 19, 1819.

Editorial Process Complete