The republic., 1851-03-19
TB.1 I
TREAsuaY DEpAnrMENr.

SOLICITOA5 OFFlCE, OeC ~ IooU
Sin: II has been reported to this office that suit
has been commenced by you against Tarlton Jones
for trespass on the public lands. understand that
the alleged trespass has been committed uRsur-
ueyed lands, and that MIR. Jones is anxiously wait
ing the period when they shall be brought into
ket, that he may buy them from the Government.
There is marked difference, apprehend, SO far
as legal infections are concerned, between tres
passes committed on lands surveyed and those un-
surveyed. There s no apology for the commission
of trespass on lands which can be bought at s l 25
per acre. But until in market they cannot be pur-
chased at any price. Between the time Of the In
dian cesson and the surveys. the lands legally
locked up from settlement and improvement. The
pioneer Of the country on his search for location,
with the sagacity usually belonging to him, would
seek it on a stream adapted to milling purposes.
Regardless of the hardships attendant on the first
settlement OF the country he selects his site, and
tolls and struggles on until his machinery is in
operation. Close at his heels, stimulated by
the example Of the frat squatter, and anxious
to locate in the vicinity, made desirable by his i'm
provemcnt, follows train of hardy adventurers in
search of homes. They all become squatters, cal
culating to avail themselves Of the benefits of our
pre- empon laws. wisely passed to induce the early
settlement Of the country. Now, under these cir
cumstanccs, it would, ] apprehend, be deemed by
most men very rigid exercise fthe power of the
Government to harass, by legal prosecutions,
those Settlers for having taken timber and lumber
from the public lands, Tor purposes of house build
ing any other improvements. All the Govern
ment expect is to receive the fixed price for its
lands. 1t matters not, In pecuniary point Of
view whether that price be paid before after the
timber may have been taken therefor. The only
risk the United States incurs s the neglect Of the
squatter to enter the land on its coming into mar
ket. That risk, however, is hardly appreciable as
a great majority Of the settlers make clearings,
fences and buildings, with view of permanent
residence. They would hardly abandon these by
refusal TO enter tho land at the usual price,
The circular from this office, of the 30th May
last in regard to trespasses the public lands Is
N n ri In n
market. The small price by which this land can
be obtained takes from the trespasser all excuse.
Not 80 with land not in market. The settler must
wait until 1t is within the reach of purchase. But
in the mean time, acting in good faith and with
the prospect OF acquiring ownershp as soon as
Government will permit him to acquire il, he uses
the timber as he would use it were the purchase
contaminated. For this use should doubt the JUS
hcc of subccting him to fines, penalties, and costs
II suits have been commenced, you will please re-
port them without unnecessary delay to this office
with all the facts; and in the mean time suspend
all action on them until further instruction.
You aware that the printed rules and regua-
tions of this Office imposed tho several district
attorneys the duty Of reporting to the Solicitor,
without delay, the commencement of all suits in
favor of the United States. See rule 10th.
Very respectfully, your obedient servant,
J. G. CLARK, Solicitor.
GEO. M. LAKEN, esq.,, eA
U. S. Dist. Attorney, Plattville, Wisconsin.
Mr.. Laken, in answer to this letter, says
"You may rest assured that there is no disposi-
ton on part to harass the settlers, to put
any one to cost and fines, who is acting in good
faith towards the Government, with the view OF
purchasing the lands. concur most cordially
with the liberal and just sentiments expressed in
your letter. But you will allow mo to suggest,
that it would be well to receive with much eau
ton the representations of those who arc engaged
in this business in violation of law"
Again, the district attorney, under date of jan
uary 81, 1851, writes:
"Public sentiment is coming round about right,
in regard to the robbing the public lands of the
timber. It is obvious that those Wholesale depre-
dations are an injury to the State, prevent the
purchase of the lands, and the settlement Of the
country; and that the greater part of them are
committed, not by the settler, but by transient
set of men who seeking to make the most
money in the shortest space Of time, regardless OF
the rights Of the Government or Of the wants oi
posterity."