The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1852-05-20

| But the importance Of the questions con-
nected with the subject to the North west
generally, has induced an investigation into
the alleged right Of the Government 10 deze
| lumber uuder the existing laws, and the new
views of the matter which have obtained
in consulting with the Hon. Mr.. Eastman
representative from Wisconsin, have led
the to advert to them in brief terms foH the
present, and | have the assurance that
copy will be furnished me Of the legal Gpin-
ION of that gentleman, embracing the ~hole
subject. winch he is now engaged ~ prepar-
ing, and which when received will end lose
to yom for publication.
1t is found upon an examination of the
statute, lat an individual who takes the
timber Of any description from the public
lands, is liable to fine and imprisonment
Al least such is the construction Of the law
by the Supreme Cour, Of the United StItes
although it was passed with the sole nfen-
tIon of preservieg the timber necessary for
naval purposes. There is however no pro-
vision made, or power given by that lazy to
seize lumber cut upon the public donlhin,
unless it he found on shipJoarl. IL Which
case, vessel and cargo are TO be lbeiled ind
sold for the joint benefit of the inioruer and
I
lawfully he taken possession of By II ).
officers, or if seized it can be replev,ed by
the owner, aud the burden of proof ais TO
the region from which the pine was ,aAen,
thrown upon the government, WHERE it
ought to rest.
Notwithstanding the many reports jhat
haze been circulated Of the seizures Of Il its
10y the L. St officers, Mr.. Eastman st h,es
tha. SO far as his Information extend no
such seizure has been made. The agents
of the government have resOrted 10 thr&ats
and intimidation TO drive owners of this spe
c,es Of property into compromise, 10y
asserting their determination to take il and
retain 1t until proof was given that the Pine
was not cut upon The public lands, and mas
much as individuals thus neuaced have been
driven rather to pay reasonable amount
than TO he embroied IN law suit with the
government, the officers have hitherto re-
ceited enough to pay their fees, aud that
was their principal object. do not Of
course refer 10 the L. :. Officers in our
Territory, for thus far believe they have
not attempted such eXactions as have been
practised in Wisconsin and in other States
Ii is broadly asserted here, that no money
has ever found its way in,o the Treasury
from such sources.
SO soon a, it is possible to do so, reso-
luton Of a searching character viii he iu-
troduced into the House, calling for al the
information connected with the sui fct,
when have 30 doubt that facts vii. be I lie
tied, which will go far to show that he
lumherIuen IN some parts Of Wisconsin have
been subjected TO a system Of Eersecut ou
and exaciion, disgracetui TO the goverunF nt
and the country.
trust, in view Of the foregoing s.a tie
ments. that citizens will not pay one cen, 10
any OF these officials of the government, in
less compelled 10 do so 10y law. The 5, at-
ute referred TO, is to all inteuts and pnri bo-
Ses dead letter in California. Oregon d nd
Utah, and should be so regarded in Nisc.} n-
sin and Minnesota, so far a. it relates 10 n
surveyed lands. Let The Government pro
ceed against trespassers if so disposed, and
convict them if it can, do not believe that
such a conviction would follow, in any
community, when it is SO manifest that The
law was intended TO effect specific par
pose, and not to have any such wide and
unlimited application as that given it ny the
Supreme Court. And even IT il was iii,eu-
ded to apply in such cases, there would be
but small semblance of equity or Justice.
in Furnishing citizens for tre>passes commit
ted on the east Of the Stony mountains, W hich
are connived al and permitted Oh the Pa
cific side.
I hope shall never be found fayoring any
evasion or lnsraction Of 4 plain law OF the
land. But for the same reason that have
ever been an advocate and supporter If
'sQuatter" regulations, that by common
usage and consent, protect every bona file
settler a-ains, the operation of Il cruel ana
oppressive act of Congress, which, If execu-
ted, would transfer his home to any man
who could bid higher than himself, would
take ground against The binding nature Of
the statute for The preservation of iilnbe, for
naval purposes, when endeavoIed to be en-
forced in reg on. and against a class Of
citizens, not intended, IN the judgment Of
others as well as myself To be affected
thereby.
The Government has es.opped itself by
lis own act or rather neglect 10 act, from
now commencing SUITS against The alleged
trespasserS upon the pine lands ! he
averred object Of ellectiug a purchase of the
pune region was, TO throw it open 10 the en-
Aerpri-e Of our citizens, that the materials
for building might be furnished to the peo-
pie below, of the same great valley Four
teen years have elapsed since that purchase.
and the Government has to this da, omitted
to cause these lands to be surveyed aud
brought into market. 1t is too late now.
that much capital has been invested in the
lumber business, and many OF our people
engaged IN 1t, for the Government TO come
forward and cndeavor TO avert it, Let the
lands be surveyed and proclaimed for sale,
and then there will he some show Of Justice
IN the attempt to punish tr,spasSers upon it.
Yours respectfully.
II. II. SiBLEI.
Ramsey Co. District Court. May l,:J2,
BEFORE JUSTICE FULLER.