The miners' express. (Dubuque, Iowa) 1849-1854, 1854-05-17
HIGHER LAW OR MOB LAW.

HIGHER LAW OR MOB LAW.
! We do not know when we have been more sur
prised and startled than in perusing an article
| which appeared in the Auxiliary Wing Print o
| Monday morning, entitled "Lumber Seizing'
In that article the editor takes The ground that th'
| United States Timber Agent, the Msrshals ant
the District Attorney are acting wiihou, suih
cient auhority; and the iunib rmen are advIset
to resist the officers to the shedding Of blood
if necessary THIS journal assumes. that
the officers have right TO inte. ftre with RATS
unless they first cue out a warrant specifying
the raft to be seized. The editor conte nds tha
this is the course prescribed by their instruc
tons He SAYS;
$50 far and no farther does the most laIi'ud
nous construction of their authority extend
And, when AZ in. uvder this author y merely
a lumber s, zng a eut boards rat on 70
Mississippi River, else where, Cor the purpose
of s.izing it, that lumber Agent C mni,s .
trespas which it is law ul to res'st hy orce ano
b, arms, aud for the conmis~ In OF whtrh tres
pass Iafismen would be- justified in .jrc'ing such
lumber seizer into thr Miss,sstppi River and
Tie faftSfntn VINO may dCt uuuci tuie
would be sustained by law"
THIS is truly remarkable osition for pub
lie journal, issued in community having res
nee, for law, order and religion, 10 assume
Our opinion of the inexpediency of enforcing
the law in relation to trespass upon PUBLIC lands,
has been fully set forth in two articles upon the
subject and they will be found to take quite as
broad ground as any papers have taken upon
the subject here or elsewhere. We have as
sumed, that until the timber lands of the North
are thrown into market, SO that an article de-
manded by the stubborn wants OF the country
may be lawfully acquired, the government
should not enforce this law, to the great pre-
iudice of the people of the Mississippi Valley
and the prosperity and commerce of large
district Of country. This opinion we still en-
tertain; but we look upon that man as an enemy
to the peace, happiness and safety of society
and a traitor to his country, who will openly
and unblushingly counsel resistance, "6y force
and by arms" to the execution Of laws. Where
does Mr.. Mahony suppose he is, that he sc
readily avoids the legitimate and legal remedy fo'
these grievances, to embrace the reputation ot q
mobte and the dire consequences which resul
from setting aside the laws cf the country, to
substitute in their place, the mere uplicen et
and unb,idled will Of an infuraed, turbul Mt
reckless and irresponsible mob Docs he ina
CINE tina, he is in the renowned city of Erie, o.
that he is writing for community with tastes
as depraved as those, who had not the courage
to face Jo Smith when at liberty, but went II
mass to The prlson, after lie had delivered him
self up to the authorities to restore order, ant
murdered in cold blood the defenceless Prophet
by discharging vo'ley of rifle balls through
the crates? Does he imagine by his inhamat-
ory appeals to this intelligent and law abiding
sommuni,y, that he can make Dubuque secon'
Era and visit upon this city and its iniiabltant
a stain which would adhere to them for all time
to come and retard the business and 2rosperii.
of this city, beyond any other one caiam't!
which could befali it, We are as'onished tina
sny man outside of mad house, should brin!
forward such proposition and we are mortlhe
that our quie, city should furnish the only IN
stance Of public journalist recommending re
sis,ance TO the laws and the constituted author
ties OF The country. Let no man in This city
so foolish, as to adopt the sentiments OF I'M
Iawless organ, for either good law, good sense
or good discretion. The officers are acting !
conformity to instructions directly from tn
head Of this government. The Deputy Ma
shal, Mr. Otis, assures us, that he is the "nl
person. who has seized a raft, that he has seze
but one and that in III instance aud no othf
has he ever ,ranscendrd his instructions
If the people Of this city desire t. see tn
lumber sizing done away with, let them "a
public meeting and memqrialize the Presldei
or Congress to put a stop ro it. The men VII
are engaged IN ad d,ninis.ern this law, recei'
heir authority from the Interior Department
,he government They are nvested W IN
discretion their duties are clearly detiHed ar
they are svorp to discharge them They won
be faithless officers did they not and WI
,iabl. to censure and removal We can see !
proprlety in assailng, abusing and ar"nsr
public indignation against the officers, whe
they are but dischargng plain duty II
order comes from Washington and therefore II
remedy mus, be applied there. And it shou
be sought through that channel provided by u
constitution and laws of the land and not
open resistance to law, appeals TO violence al
passion and perhaps blood shed. This is Il
savage mode of redress and can only be pa
donable where no law but that of might exist
Let the citizens of this place come toge'h
in mass meeting and adop, strong resolution
setting forth the grievances to which we a
subjected and requesting the withdrawal fro
among us OF these Agents. This is prop
course and this ought to be done, in place
attempting to inflame the popalace against
innocent class Of officers
We trust Tor the honor and fame of Dabuqt
8 that no second man can be found, sufficient
!, depraved and fool hardy to counsel ress!an
5. to law.
s. TREATY WITH CENTRAL AMERICA 1t
stated that Mr. Burland, our Minister to Ce