MVB and Peter Van Schaack to Jacob Radcliffe et al., 26 May 1814

MVB and P[eter] V[an] Schaack to Jacob Radcliffe et al., 26 May 1814

Kinderhook

Gentlemen,

Mr Brooks has made his survey under your Instruction with which our clients are much dissatisfied. We regret that we are under the necessity of troubling you again on a Subject which probably has become as tedious to you as its consideration so unpleasant to us, but untill its completion our professional relation to the Parties preclude the propriety of our loosing sight of it.

We deem it unnecessary to state the grounds of our objections to Mr Brooks Survey at this time but have sent to Albany to obtain a Surveyor to be recommended by the Surveyor General who shall be a Stranger to the parties & in no way partake of the prejudices or be influenced by their wishes. This we will do in Virtue of Mr Rudd's Letter of the 24th Instant and when his survey shall have been completed we will accompany it with such observations as shall be pertinent and proper under the circusmtances. The object of this Note is to have the award postponed untill a reasonable time shall be allowed for that purpose. The Survey will be commenced on monday next and the report delivered to you in the Course of next week. The fact that by the law of 1813 your powers are extended to the 8th of June will avoid the inference that we wish this delay for the purpose of prevailing or endangering a final Decision of the controversy. This as it ought not to be is not our object. All we want is that the rights of our clients should be tested by a mode somewhat similar to that which has heretofore been thought most advisable in other cases.

For the present we barely add that Mr Brooks has surveyed lands which will be included in your location of the patent (and which we will more particularly point out to you hereafter) which have never been in possession of our opponents which were not submitted or intended so to be. And respecting which an appraisement would instead of closing have a tendency to open new sources of litigation.

We take the liberty also of suggesting for your consideration the propriety of stating in your award the precise location you think our patent ought to receive and then awarding us compensation from the possessors for such lands as on a true survey shall be found included within those lines as a course fit to be pursued in the event of there being a material Variance in the two surveys which shall have been made.

With the highest respect and consideration

your very humble servants,

P V Schaack

M.V.Buren

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