davidaulloa/AmericanStories huggingface dataset:
The republic., 1851-03-19

cy, commencing it to the sympathizing mil
lions who have found home in our
land 1t is strong in the divisions of the
Opposition, and in that fanalicism of an
tagonist factions which drives good men every
where TO combine in the cause Of the Consti-
tuition and the Union. This strength is not the
strength Of the PRESIDENT. or ofany member Of
the Administration; it is the strength of the
great WING leaders, who have cordially adopt
ed and generously sustained the policy which
they have indicated in their State papers and
official acts it is the strength of the great
WING PARTY, whose service their lives have
been devoted, and whose measures and policy
they believe TO be approved and cherished by
large majority of the American People.
Such being our view of the position and
prospects Of the Wing Administration and the
Vine party, we cannot but regard it as the
policy of good WHIGs in all quarters TO keep
the party SO united that it may be prepared to
advance in an unbroken phalanx in the cause
Of the nominee of the WING National Conven-
ton. This can only be accomplished by keep
ing personal preferences and prejudces in sub
ordination to the great WING cause. 1t can
only be accomplished by substituting. to some
extent, for the untrammeled, partisan, rowing
warfare which the WHIGs have been accus-
toned to in opposition, the stern, steady,
and organized movement which can alone
insure the successful issue of a battle of
Opinion. We do not, Of course, claim even
| for a WING Administration an unrefiecting
subservency; but we have right, as WHIGs,
to claim for it from Wines such generous and
coniding acquiescence in its policy as will
unite the party upon common platform, and
secure such reasonable concurrence as is indis-
pensable to political success. There cannot be
party with an hundred heads. The Wines
cannot receive their direction from local cabals,
and hope to triumph in national conflict. sit
is only by keeping my force entire" wrote
NAPOLEON to the directory that would divide
his army, 'that have been able to gain so
many battles and to be now in Milan. You
HAD BETTER HAVE ONE BAD GENERAL THAN
TWO GOOD ONES"
For our own part, we have no wish but for
Wing success. We have no desire, directly
or indirectly, to espouse the cause or to pro-
mote or discourage the views or aspirations of
any candidate. We have no personal predi-
lections or prejudices that we are not ready to
sacrifice to the expressed will Of majority Of
the Wing party. We desire only to remain
in position, in common with our WING breth-
rem throughout the country, from which we
shall be best able to work together to promote
the advancement of that Presidential candi-
date whom the Wines may select in National
Convention. And we think that this end may
be most surely attained by the practice of
little abstinence and self-denial in discussing
the claims and merits of indi viduals. We can
insure success only by postponing the CANDI-
DATES to the CAUSE.
The republic., 1851-03-19
tC.l
TaEAsuaY DEPARTMENT.,
soLIcrroR's OrYIc., January IL. 1851.

SOLICITORS OFFicn, January IL 1901.
SIa: have the honor to acknowledge the receipt
Of your letter Of yesterdays date. You inquire
"was the marshal instructed, and has he the power
conferred upon him by law to seize lumber without
the process Of the court, TO condemn it himself,
without proof. and sell il without trial by the
court, or it's order or decree?
am not aware of any instructions given to the
marshal, other than those referred to In my letter
of the 9th instant, except those in letter written
by my chief clerk, acting solicitor during my
iIlness. to the marshal, under date of August 81,
1850, in answer to the marshaPs letter of the 2ist
August, samo year, in which he instructed TO
proceed by indictment or by seizure under proper
process"
In regard to the right of pcaccable reception
by the Government, can add but little to my let
ter of the Sth. There be no doubt of the right
of an individual disscizcd of his property 10 n
peaccablc reception of IT, Reception in the law
books is defined to be "a species of remedy by
mere acts of the party injured. This happens
when any hath deprived another of his pro-
perty in goods or chattcIs personal in which case
the owner Of the goods, &C., may lawfully claim
and rctakc them wherever he happens to find
them, go il be not in a riotous manner, or attended
with breach Of the peace
This right equally belongs TO the Government
and the marshal ss its executive agent can no doubt
exercise it without specific instructions from any
The republic., 1851-03-19

M SAIN DE Bors LIE CoMrE.--Thc letter of our
Paris correspondent, which we published yester-
day, announced the recall Of nj. BoIs LIE CoMrE
from the post of Minister to the United States which
he has filled for some ten or twelve months past. IL
would be act of injustice to this gentleman and
his amiable family, were we to lot the announce
ment pass without expressing the belief that this
event will occasion very sincere regret amongst all
the inhabitants Of Washington who have enjoyed
the pleasure of their acquaintance during their brief
residence here. We can say, with truth, that we
have not known amongst the representatives Of
foreign governments who have sojourned in this
Capital, any family which in so short residence
acquired warmer or more general esteem than
that of nj. BoIs CoMrE, or whose unexpected
withdrawal has Inspired more sincere regret.
TInteligencr.
The republic., 1851-03-19
spollatlon Of tho Public Domain.

By the correspondence which we publish be-
low it will be seen that the subject of the late
extraordinary letter of the Wisconsin Senators
to the Secretary of the Interior has been some
time in agitation As long ago as the 30th of
May the Solicitor of the Treasury issued a cir
cular in the premises to the various district at
torneys; and on the 9th of January last he
addressed letter to Mr.. DoTy, one of the
representatives from Wisconsin, explanatory
of the course of the Government in this re-
gard 1t is not unreasonable to suppose that
Messrs. DODGE and WALKER were as early
and as well-informed as Mr.. DoTY with respect
to the alleged grievances of their constituents !;
and yet not voice was lifted in either House
Of Congress to rebuke the Executive for the
alleged invasion Of the pre- -emption system and
of the rights Of actual settlers. This demon
strates that, in the judgment of all and each of
these gentlemen, there was nothing which
could justly form the basis OF complaint
and yet the honorable Senators left behind
them, at their departure from the city, a
charge against the Administration, which,
if true, only demonstrates their own neglect
of important and pressing public duties.
The letters which we publish from MIR.
CLARK show that the Executive has pursued
the most liberal and bene6cent policy towards
the actual settlers of the public domain; that it
has regarded with humane solicitude their
rights and claims, and that it has sought with
equal vigilance to protect the public domain
from the wholesale spoliation Of plunderers.
Clearly enough the honest lumber merchant,
who pays for his timber, cannot enter into a
successful competition with the adventurer who
steals it; and hence If for no other reason the
trade of understanding is so far unpopular
with the good people of the northwest, and
so far discreditable everywhere, that the hon
orable Senators would not venture to mix them
selves up with it in public way, though they
were not unwilling to put a little private Bun
KUN on record that they might use for the in
jury of the Administration in particular locali-
| ties OF among the plunderers themselves.
| The facts set forth in the following CORE
spondence, we apprehend, will disturb the
game of the honorable Senators. They will
hardly be able to kindle very general excite
ment in behalf of men who are merely robbers
of the public, among men who have paid pur-
chase money and pay taxes for their lands, or
who have settled them in good faith for the
purpose of establishing permanent home.
The republic., 1851-03-19

at the coarseness and meanness Of the attack, and
contempt for its imbecility. The country has
treated il us concerted effort to strike blow mt
the of the Uuion, in the person of its leading
and ablest defender; and resented it-as malig-
nant manifestation Of bad men against faithful
public servant, because he has been faithful.
Mr. Webstcrs reputation will survive all such
attacks, and grow brighter, and be more affection
ately cherished therefor by the people; for they
know that it is because he is firm friend Of the
Constitution and the Union, and champion for
whom their enemies have no match, in genius, elo-
quence and power, that he is thus hated and SLAM
dered.
The republic., 1851-03-19
CORRESPONDENCE.
TnEAsuRy DEPARTMENT,


SoLIcIroR's OFFICE, March 1S, 1851.
Editor of the Republic:
sIa: read in your paper of this morning letter
written by the Hon. Messrs. DoDeE and WALKER,
Senator'S of Wisconsin, to tho Secretary OF the In
terror, in regard to trespasses on the public lands
in that State. Among other things, it is said in
the letter that "thc setters themselves are beng
hnrasscd, pcrpexed, and annoyed by suits Tor
taking timber for these purposes" Improvements,
and the improvements of roads and bridges.)
The law makes it part Of my official duty "to
instruct the district attorneys, marshals, and
clerks, &C., of the United States, in all matters
and proceedings appertaining TO suits in which
the United States is party or interested
To show that there has been no disposition on
the part of the Government to harnss any settler
on the public lands, enclose copies Of instructions
issued from this office; also copies of letters ad
dressed TO Governor DoTY. These latter, under
stand, have been published in Wisconsin, from
which its citizens may learn that the proceedings
| against trespassers the public lands have been
| commenced solely from n sense Of public duty.
| Very respectfully, your obedient servant,
| j. C.. CLARK, Solicitor.
| p. S.-The effect of the circular Of the Both
May, 1850, and prosecutions consequent thereon
The republic., 1851-03-19

SALT LAKE MAIL.-We hear, through reliable
source. from Fort Kearny, o. r., that tho above
mail arrived at that post, westward bound, on the
10th ultmo. and left on the 22d, in charge OF Mr..
Powell, on pack mules, At Fort Laramie ne would
employ guido to go through the mountains The
mail-bags got wet at tho "Big Blue )" and when
opened at that post were in an "o,rfui condition"
IFronfi.r (Iotpa) Guardian, Fsb. 2I.
The republic., 1851-03-19

The CASE OF CHAPLIN.-Thc case Of Mr.. w. l..
Chaplin, Abolitionist, who was arrested in Mont
gomcry county, whilst in the act of abducting the
slaves of Messrs. Toombs and Stephens, the Balti-
more Patriot says, was to have come up in Howard
district court on Monday; but, as was expected,
he failed to make his appearance, and his bail
($l9,000) was forfeited to the State of Maryland.
The money, it is said, is perfectly secure, having
been deposited in bank.
The republic., 1851-03-19

RAILROAD AccipENr.--On Saturday afternoon
serious accident occurred at the railroad depot in
Philadelphia, on Market street, below Eleventh, on
the arrival Of the cars from baltimore. A young
colored man, a cab driver, named Francis Boay,
had his head in the window of one of the cars,
iiciting job, when the trains passed closely to-
gether, jainming him up between them, and dislo-
eating and shnttering his left shoulder He was
taken to the Pennsylvania hospital.
The republic., 1851-03-19
Departure Of Amin Bsy.

AMIN BEY, accompanied by j. p. BRowN,
esq, U. S. dragoman, and lady, together with
a private interpreter and servant, left this city
yesterday for Baltimore, where he will remain
for few days, and then proceed to New York,
on his way homeward.
The republic., 1851-03-19

CLOSE OF THE THInry FIRST Corenrss.-U Upon
the whole, this session will be memorable for what
Congress has omitted to do, more than for any
thing which it has done; for the projects whichit
has baled, and the calculations it has disappoint
ed, rather than any thing positive in its acts.
The most significant of these omissions has, how
ever. something in it of positive character, ex-
hbiting most important change Of temper upon
a subject of the gravest importance. The session
has passed over without any excitement worth
mentioning on the slavery questions-without any
attempt to disturb the Compromise measures Of the
previous session, and with settled current ofvotes
and acts, exhibiting the dissemination of q major
ity of both Houses to discourage the renewal Of any
of the agitations of the preceding session. and to
treat the questions permanently adjusted not TO
be reopened. Every movement looking to the re-
peal alteration of these laws disposed of at
once, without ceremony, mischievous disturb
ance of the peace of the country, and an idle in
reference with the business of Congress The con-
trast between this quiet and decided discounte-
-nancing of the antislavery agitation and the fiery
passions and desperate conflicts which distracted
the same body at the preceding session, 10 graft
flying proof Of the healthful effect of the Compro-
mise measures in tranquilising the country. Con-
gress, which, but a few months before, was the
crater of volcanic passions, whose eruptions con-
stantly convulscd and alarmed the country, has
shown example of peace and forbcarance which
is at once the evidence of happier condition Of
public affairs, and an example which must prove
extremely repressive upon the designs of the dis
contented spirits who are yet endcavoring to keep
up dangerous and most proitess excitement in
various parts of the Union. While the Federal Le-
gislature opposes such wise and prudent inaction
to the designs of the outside cnhusiasts and faction
ists, We may be sure that there il popular judg-
ment against their course, plain that the dema-
gogucs themselves cannot mistake or refuse to re-
spect it.-N. o. Picaysne
The republic., 1851-03-19

Mas Mock uNprn LOCK Mrs. Mary Ann
Mock was last week fined three dollars and costs,
at st. Louis, for cowhiding her husband, Levi
Mock. Subsequently Levi applied for peace
warrant against her, and not being able to give
security, che was locked up.
The republic., 1851-03-19
Hon. J. d. DorY. House of Representatives I

Opinion referred 10 in de Circular, [A.l
THE UNITED STATES, PLAINTIFFS, Us. EPHRAlM
BRIGGS.
On certificate of division in opinion betDeen the
judges Of The circuit court Of The United States for
the District Of Michigan
Court.
The defendant below indicted for cutting,
with intent to appropriate to his own use, twenty
white oak trees and twenty hickory trees Of the
United States, standing on the public lands. The
jury found him guilty, and he moved in arrest OF
Judgment, because the offence charged was not
punishable by Indictment; and on which motion
the circuit court certify TO this Court as follows:
The motion of defendant in arrest of judgment,
and for new trial in the case coming to be
heard, and the same having been argued by coun-
sci on either side, the opinions Of the court were
opposed as to the point, whether the offence
charged and set forth in the indictment of cutting
removing, or using, for any other than naval pur-
poses, any trees timber standing, growing, or
being on any lands belonging to the United States,
Whether reserved for naval purposes or not. is n
offence, and punishable by fine and imprison-
ment''
The case presented for our examination involves
a true construction of the act Of March I'd, 1881.
BY that act any person who shall cut and appro-
pirate live oak, or red cedar trees, reserved for
naval purposes, is clearly indictable, and con-
viction may be fined and imprisoned We do not
understand this to be controverted. But the qucs-
imposes the same penalty on those who cut other
timbers, such oak hickory trees. 1t 10 insist
ed, by the reasons in arrest that the only object of
the act was to protect by stringent penalties tim
bcrs suited to ship building and naval purposes,
and which had been reserved for such public use |;
and that it is apparent from the act other were
contemplated by Congress subject to protection,
and within the description, but live oak and red
cedar.
To which it is answered on the part of the United
States:
]. "That the said acts constitute offence with
in the meaning Of the act of I'd March, 1881, be-
cause it does embrace the cutting &C., of timber
from other lands belonging to the United States
than those reserved for naval purposes.
2. "That is an offence for which an indictment
ia the proper remedy, and the party punishable by
fine and imprisonment
The caption of the act would indicate that tim
Der reserved for naval purposes was meant to be
protected by this mode, and none other. But the
enacting clause is general, and not restricted to
live oak or red cedar, nor to timber specially re-
served for naval purposes; and, therefore, cutting
and using oak and hickory trees ia indictable and
80 the cutting and using of any other description
Of timber trees from the public lands would be
equally indctable and being SO, the punishment
by fine and imprisonment must follow in all cases
and thus answer to the circuit court.
True copy.
Test: VIM. THOS. CARROLL,
G.. s. c. IL. s.
The republic., 1851-03-19
[coPY-A.l
Circular to District -Atf0rneys.

[coPy-Al
Circular to District Atforneys.
TRKAsuRy DEPARTMENT,
SoLIcIroR's OFFICE, May 80, 1885,
Sin: enclose copy Of the opinion of the Su-
preme Court in regard to trespasses committed on
the public lands, which requires no comments.
The law is now settled, and plupderers of the pub
lie property will hereafter have apology for their
dcpredations.
II is the duty of the several district attorneys in
the United States to prosecute offenders against
the laws, as stated in circular to them from this
office, under date Of February Goth, $780,
doubt not that you will deem it your duty to
ferret out, and bring to punishment all offenders
against the act of the Cd March, 1881
would not, however, recommend an indiscrim-
mate prosecution of all who may have been guilty
of technical violation of the law. II has happened
heretofore that many suits have been abandoned for
the want Of proof, and not few have been decided
against the Government for various causes; thus
throwing the United States the payment of large
bills of costs.
Those men who the owners of saw mills,
either on near the public lands, and who induce
poor aborers to cut timber thereon and take it to
their mills to be manufactured, or who buy timber
knowing it to have been stolen, should be selected
as the first objects of punishment.
If you can select few of this sort, well-de
fined and susceptible of clear proof, would advise
vigorous prosecution; few convictions would
probably put end to the plunderings referred to-
Your own sense of propriety will suggest the i'm
portance of ascertainng by what proofs you can be
pretty certain of procuring conviction, before
commencing proceedings.
As the act Of 1881 ia now interpreted by the Su-
prcme Court indictment presents the most effec-
tual remedy for the evil complained Of In pre-
sentng case to the grand jury, you can, in anti
cipation of trial. by subpenaing all the witnesses,
form correct conclusions to the result.
would recommend that the inquiry before the
grand jury be thorough and searching, and that no
bill be found unless on strong and clear proofs.
You will please furnish this office, promptly,
with copies of any indictments which may be found,
with the names of all the witnesses, and what can
be proved by them.
Very respectfully, your obcdent servant,
(Signed) J. e. CLARK, Solicitor.
The republic., 1851-03-19

The laying Of the iron on the indianapolis and
Bellefontainc railroad has been commenced be-
tween Pcndleton and Anderson, and, should the
weather prove favorable, it is expected the road
will be in running order to the latter place BY the
10Th of April. f .
The republic., 1851-03-19
Concluston eft4hs Corrsspondence on the
Austro-HungarIsn Qusstion.
AusTaIAN LE0ATIos, AT WAaHlSoros,
rrha


MIR. SECRETARY OF STATE:
have received an answer 10 the dispatches with
which had sent to Vienna the note you did me the
honor TO address to me the 2lst December last !;
and hasten to inform you, MIR. Secretary of State
that the arguments contained in your note have
not had power to change the judgment which the
Imperial Cabinet had formed respecting the mis-
sion Of Mr.. Dudley Mann, well respecting
the tenor and the terms of the instructions with
which he was furnished. The Imperial Govern
ment does not cease to entertain the opinions con-
tained in my note of the 30h September; and il de-
clnes all ulterior discussion of that annoying Incl
dent, unwilling TO expose the kind and friendly re-
iations which it desires to preserve with the Gov
ernment of the United States to the danger of be-
ing seriously disturbed by disc ussons which could
have no practical result.
President Fillmore declared, in his message of
the I'd December last, that he determined to
sired that other nations should act towards them
and that he had adopted, as rule for his policy,
good will towards foreign Powers, and the abstain
ing from interference in their internal afiairs.
Austria has not demanded, and will never demand,
any thing but tho putting into practice of these
principles, and the Imperial Government is sin
cerely disposed to remain in friendly relations with
the Government of the United States, so long as
the United States shall not deyiate from these
principles
Please to accept, Mr. Secretary of State, the as
surances ofmy high consideration.
HULSEMANN
The republic., 1851-03-19

in Michigan In causing entries of The public lands
to be made, may be seen by the following state
ment:
Laads entered IN Michigan.
1850. last half .................3 :. .39, ,6S5 acres.
Arst half f................. .206S6
1902
ls4s, first half alr..............2 &c, 800
10, 1922
ls49, second half .....2 .27, ,9SS
Ill, ZOO
Entries of the last half of 1850 the average
tries of the first half Of 1850, and the whole of
1919. Observation-Disclosures. pa, 900 acres.
doubt not, on examination, that like results
would be shown in Wisconsin. J.CC.
The republic., 1851-03-19

quarter. He would, however, act II his own peril
Before exercising the right, lie would, for his own
protecon, place within his reach clear proof that
the property belonged TO the Government, his prin
cipal.
Should he seize lumber not taken from the pub
lie lands, to which the person dispossessed had
title. he would make himself liable q trespasser.
deprived Of no legal right remedy; he may
gain possession OF his property by replevin, or
cover its value in DANA ges by action Of respass
or trover. Very respectfully, your ob't serv't,
j. C. CLARK, Solicitor