New York Ex Rel. Cutler v. Dibble
Supreme Court of the United States
This case was brought up from the Supreme Court of the-State of New York by .a writ' of error issued under .the 25th .section of the judiciary actv The case is stated in the opinion of the_court, and is report- • •ed in the New York State courts, in 1-8 Barb.,'412, and '2d vol. of Smith’s Reports of the Court' of Appeals, 203, being 16 New York Reports.' - The only question in this court was, whether the statute of ' 1821 was in conflict with the Constitution of the United…
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This case was brought up from the Supreme Court of the-State of New York by .a writ' of error issued under .the 25th .section of the judiciary actv The case is stated in the opinion of the_court, and is report- • •ed in the New York State courts, in 1-8 Barb.,'412, and '2d vol. of Smith’s Reports of the Court' of Appeals, 203, being 16 New York Reports.' - The only question in this court was, whether the statute of ' 1821 was in conflict with the Constitution of the United States, or any treaty; or act of Congress, and whether the proceeding under it had deprived the relators of property or…
1Opinion of the CourtJustice Grier
delivered the opinion of the court..This case is brought before us by a writ of error to the Supreme Court of New York, under the 25th section of the judiciary act. It had its origin in a proceeding before the county judge of. Genesee county, instituted by the district attorney against Asa Cutler, John Underhill, and Arza Underhill, the relators, pursuant to the provisions of an act of Assembly entitled “An a.ct respecting intrusion on Indian lands,” passed March 31, 1821.
This act made it unlawful for any persons other than Indians to settle and reside upon lands belonging to or occupied by…
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