The republic., 1851-03-19
[D.1
TREASURY DEPARTMENT,
SOLICIToR's OFFICE, january 6, 1851


Sin have The honor to acknowledge the receipt
of your letter of the 9th ultimo in regard to suits
commenced by the United States against trespass-
ers on the public lands in Wisconsin. You remark
that you have made inquiry "by what authority
these suits were commenced" and have been an
swered, Gin pursuance Of instructions from the
Solicitor Of the Treasury;" and you inquire "whe-
ther such instructions and what instructions on
the subject have been issued from your (my)
office, and what ia understood to be the rights of
the Government and of the citizen in relation to
the public lands upon which the timber has not
been reserved for naval purposes, under the pre-
8 empticn and other laws of the United States"
In answer to these inquiries, proceed to state
that, previous to the December term (lS49) Of the
Supreme Court Of the United States, the question
whether or not under the act Of Congress of March
2, 1881, the cutting, &c., of timber other than
"live-oak and cedar (red)" on the public lands
was an indictable offence, was deemed by many an
open question.
The case of the United States vs Briggs, g How
ard } decided in that term, settled IT, It was then
adjudged that "the cutting and using of any de-
scripton of timber trees from the public lands was
an indictable offence, and punishable by fine and
imprisonment" enclose copy Of that decision.
Prior to and at the time of this settlement Of the
law il was well known that extensive depredations
had been committed, and were being committed on
the public lands in different States and Territories
On consultation with the Secretary of the Treasury
and with the Commissioner of the General Land
Office and under the direction and with the sanction
ofthc Secretary circular was issued from this office
under date of May 80, 1850 directed to the several
district attorneys ef the United States. enclose
copy of that circular A judicial construction hav-
ing been given TO the act it seemed to impose upon
the proper authority the duty of promugating it 10
the law officers of the Government, with suitable
instructions to guard against hasty and indiscrim
mate prosecutions; hence the Issuing of the cir
cular.
Bya letter received at this Office, on the 10Th
December, ls49, from the district attorney of Wis
consn, it was informed that it was reported to him
by reliable gentleman, who had been on Jour-
ney to the pine-timbe region in northern Wiscon-
sin, that the reports in circulation ("n regard to
trespasses on the public lands) were true, and
that the destruction of pine timber those lands
was incalcuablc." The letter proceeds to say,
"that the trespassers not content with taking
what they want and appropristing it, but they
cut down immense quantities, take some of the
best portions, and leave the remainder upon the
ground, consulting only their own present pecu-
mary advantage"
On tho 10th of February, 1850, the marshal OF
Wisconsin sent to this office letter received by
him from one of his deputies, dated February 13,
1850. The deputy had been instructed by the mar
shal "to select from some half dozen of the most
aggravated cases of trespass the public lands,
make a full examination of all the circumstances
and views in such cases, and particularly what
testimony can be made available upon a suit
should one be ordered, and make full report to
him (the marshaD without delay, giving names
residences, and ability of the parties charged
and the names and residences of tho witnesses;
with an abstract Of what can be proved by
them, and all tho facts and circumstances con-
nected with the matter" You will do this with
out delay, and thoroughly, 80 that the De-
partmcnt at Washington will be able readily
to determine what action to take in the premisesi
In pursuance of these instructions, the deputy
ported to the marshall by letter Of the date above
mentioned, that she had spent ten days, and had
found out about all the trespassers, and made q
list of names while there, which amount to twenty
persons and firms, each with gang of hands
who engaged in cutting timber. 1t is difficult
to say which are the most aggravated cases, and
therefore send eight of the most responsible per-
sons engaged He'furthcr says: at has been q
constant talk among the timber-m men during the
winter that they were to be prosecuted; they will
cut this winter about thirty thousand logs; there
are about ten saw mills erected on Wolf river, and
all get their logs from Uncle Sans land"
With this information, received both from tho
district attorney and the marshal, thought it pro-
per TO advise the former to institute legal proceed
ngs against the eight persons, Of the twenty
ported, as having wantonIy trcspasscd on the pub
lie lands.
On the 2lst August last the marshal again ad-
dressed this Office on the same subject, reporting
many cases OF depredations on these lands Among
other things, he says 81 have good reasons to sup
pose that tho depredations committed ON the Wis
consin river and the Upper Mississippi are more