784. BATTURE, Authority over.—
Mr.
Livingston, * * * finding that we considered
the Batture as now resting with Congress, [46]
and that it is our duty to keep it clear of all
adversary possession till their decision is obtained
[has written] a letter to the Secretary
of State, which, if we understand it, amounts
to a declaration that he will * * * bring the
authority of the court into array against that of
the Executive, and endeavor to obtain a forcible
possession. But I presume that the court
knows too well that the title of the United
States to land is subject to the jurisdiction
of no court, it having never been deemed safe
to submit the major interests of the nation
to an ordinary tribunal, or to any one but such
as the Legislature establishes for the special
occasion; and the marshal will find his duty
too plainly marked out in the act of March 3,
1807, to be at a loss to determine what authority
he is to obey.—
To Governor Claiborne. Washington ed. v, 319.
(W.
July. 1808)
