The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1854-05-03
from the Department to
Timber Agents.


We publish for the information of those en-
gagged in the laundering business, the follow
ing circular in relation to the seizure of lumber
by authority of Government. These we be-
believe, are the latest instructions given on the
subject
Our views on this subject have been clearly
stated, both during the administration of Mr.
Fillmore, and subsequent to the incoming Of
the present administration. We believe the
whole course pursued by government is wrong,
and that the law under which these seizures
are made, never was intended to apply to the
pine lands of the Northwest But the highest
tribunal known to our laws have decided diff
! ferently, and the Department are acting under
that decision and we can now only keep the
lumbermen advised Of the Instructions under
which the seizures are to be made, that they
may prepare to meet the requirements of the
! Department.
! a. little or none Of the Lumber on the Rum
the past winter, the greatest difficulty the
! lumbermen from this district will have TO con-
tend with. is the reversion of the rules of evil
dence, by which they are required to prove
their own innocence, instead of being proved
guilty by the prosecutors. In st. Croix, how
ever, we learn there are one or two cases where
logs have been cut en- government land, only
because the land could not be purchased. II
| III Al. Al
! to sale, it would be purchased immediately
1t would not remain in the possession of Gov
ernment one week. Pine land is not trespass-
cd upon because it belongs to Government, but
because ii cdnacf be purchased by indsriduois.
When land has been opened to sale, the gov
ernmen. is right in furnishing trespass thereon;
but while it is kept for years locked up from
sale, aud the lumber is required for the accom-
mediation of the settlements, we deem all seiz-
ures of that lumber decidedly wrong.
The Department should bear in mind that
prescriptions can only be made under the pre-
emption law, by agriculturlsts. The farmer
may tile his declaration for pre-emption as
soon Us the surveys have been made and the
law recognises his right TO occupy and improve
the land in any manner he deems proper
while the lumberman. who is emphaticalIy the
cause Of the settlement and sale Of lands on the
frontier, is not only dcbarred this right, as far
as the pine lands are concerned. but is also
harrassed in those operations, which tend so
largely to the Improvement If the surrounding
country:
GENERAL LAND Orr1cr,
March 4, 1854.
SIR Since The Circular of January 2S, 1854,
was prepared, several questions have arisen and been
decided, which require further instructions TO be CIV
YOU for the discharge Of your duties, and IN ma
king re;orns of Your operations.
L. Where parties enter and pay for all the lands
on which they have heretofore committed depreda-
tons or waste, you viii release their TIMBER but
where they fail or refuse to do ths, you will hold on
to the timber, whehct cnt under alleged permission
not, as there is authority OF law Tor permitting
or saactioniug such trespass.
2 Where persons mix timber cut from private
property, with that taken from government lands YOU
Will seize the whole, under the established rule in
relation to confusion OF property.
3. W hen you perfectly satisfied that a reason
able price cannot be biaincd for timber a, the place
Of seizure, because of combinations, want Of bid
deis, and that Il greater amount THAI such price, aud
the additional cost of removing it, can be secured by
transporting another market, Won will cause s,c
removal To be made in the usual and most economic cal
manner.
! l. Where there is no legal process for condemnnc
timber cut from the public lands, the intervention and
action Of the Marshal, under former instructions. must
.M necessity he Your feputy-where there is such
process, it must be followed.
| 5. All moneys received either b, yourself. the
! Marshal or District Attorney, must be deposited in
some one OF the United States repositories, To the
credit of the Judiciary fund.- without abatement Of any
KIND, either Tor your own compensation, the pay of
your deputies or assistants, for accidental expen.
ses % any kind, required by the Of lS49.
.. TO enable You to carry your duties success
fully, therefore, you should send estimate before
! the close of each quarter of the amount that y III
probably be required for that quarter for your own
salary, pay of assistants, and incidental expenses
T. Your accounts will be transmitted quarterly.
with brief report of all the transactions of your
agency, as heretofore required.
In charging your OWN expenses, Will specify
the journeys made giving the Of places from
through and to which YOU travelled the distance be-
tween EACH and date OF each jmufncy--with youch-
in detail Tor each item. The accounts of your
assistants must specify the particular duty on which
they were cngagedthe necessity for these services
the time devoted each branch OF the duty and the
same detail 10 journeys and incidental expenses
with your OWN accounts, with seperatc voucher for
each item OF incidental expenses. Your assistants
must make affidavit, that their expenses were neces-
, sary incurred in the line Of their duty.
3. La employing assistants you will select only such
as entirely reablclinit their services 10 such
tunes as are 'ndispensaby necessary-procure their
services on the most reasonable terms and advise
them that such expenses only absolutely rece>-
sary will be allowed.
3. You will at enter into bond in the sum Of
twenty thousand dollars, for the faithful performance
OF your duties, and that you viii dcIosc ali none,
that may come into your hands from any source be-
longing to the government. You viii report each
sale as soon made, the estimated feet of round or
hewcd timber, and boards, the number of thousands
OF shingles &c, disposed of, aud the amount receiv-