Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-11-05

the Marshal undsr the nsruc Of the President nm
der the 4h section aforesaid that permanent,
may be issued for this purpose that every
'ruder may be forthwith removed, tho moment he nd
Gates intention OF exercising Of ownership over
refuse withdraw the order OF the Marshal law
less ntrusons being within the mischief OF the act and
being impossible to infer with certainty. from tho
oil intrusion, whether be with view to settlement or
not.
find act Of Congress- which provides Tor the waste
Of - timber the public lands, separately
except in relation to ber growing land Tor NJ.
val purposes, and liz oak red cedar timber pro,xi, m
amy other public lands OF the United States in relation to
which the act Of LIT March, 1917 subjects offender to
fine and Imprisonment.
But, independent OF positive Legislative provisions, ap
prehend TIA, IN reis,'o" to all property. real personal
which the United States are authorize by the Constu
ton hold they have all the civ remedies whether lor
the prevention redress OF injuries. which
possess. II this principle that the ut OF the
United States to institute action protested bill
exchange was sustained in the case vi Dagau rs the
United States reported in Bal Wheaton 1871. The United
States being authorized by the Constitution to contract
"must have right to enforce the performance OF such
contracts or To recover damages for their violation by
prescribed by law" "lt would be strange" said the
Court "to deny them right which secured to every c.
hzen Of the United States" So, the United States being
su horIzed 70 accept aud hold these for the
good must have all the legal projecting the p,o.
perry thus conied te, ,l,a individuals nSy in like
cases For, would be quite strange, this case as
bills vi exchange to "deny them right which Is Sc.
cured to every citizen oil The United sates-They are
therefore, in my opinion, entitled The Injunction OF
waste, ny OF 10 the
way OF punishment, in like indivduas sim.
uarly situated are emitted to them o. the applicability
OF bo or either OF these remedies any given case
The District Attorney must Of Judge IL NAV NOT
DE however, to remark generally, that the in.
junction would apply properly TO all tuous or
oorinE settlers, by whom any previous OF may
nave been committed, or who, from their POSITION have
isc'y IN r'Peating the oeuce; To all who been In
The habit OF coni ting this waste, and who menace il
And ! should spprshend that this remedy, connecte,
WIN The power which the Courts oil Chancery have TO en-
orce IT, and with the other power, betors. me ntione
the immediate removal OF in,ruders would, under tn. su
penntendence OF vg'lant officers, be strong enough
prevent the hsbituai OF tho mischief Will,
action OF tre.ps's vigorously enforced would be sui
hcieht 10 prevent (punis) those who might eiude the
means OF prevention. may not, however be amiss n
suggest that would be advisable for Congress TO sx,eut
ths case at least the remedy which they have
against the spoiaon OF timber for naval purposes; If in
deed, the offence, from its greater frequency and In,
greater secrecy and security with which it NAV be com
m'ed does not demand a still severer rsprehension
have the honor be, Sc.
>, ts,gned) WILLIAM WRIT
Hon. WILLIAM III. CRAWFORD
Secretary Of the Treasury.