TIMBER ON THE PUBLIC LANDS. 13 



and deposit the proceeds in the Treasury. They were to bring the 

 oflense committed to the attention of the proper officers, that the per- 

 petrators might be arrested and held to answer as usual in criminal 

 cases. The purpose being chiefly to protect the rights of the govern- 

 ment, these officers were instructed to consider the circumstances of the 

 case, and they might compromise on payment of costs incurred, and a 

 reasonable stumpage for the timber, which was then released, and prose- 

 cution waived. Until 1872 no appropriations were made for this object. 

 It was made a rule that the expenses incurred should generally be 

 limited to the amount realized from the sale of timber seized, and from 

 stumpage in cases compromised ; but in some cases where the expenses 



in cutting, destroying, or removing live-oaks and other timber or trees preserved for 

 eaval purposes." 



This act of 2d March, 1831, you will find fully considered in the case of The United 

 States vs. Ephraim Briggs (9 Howard, p. 351), in which the Supreme Court decided 

 that the said act authorized the prosecution and punishment of all trespassers on public 

 lands by cutting timber, whether such timber was fit for naval purposes or not. 



4th. Ijnder no circumstances will you compound or compromise with any such tres- 

 passers, or receive any pay or compensation from them as acquittal or discharge there- 

 from, or in any other manner; neither will you give any permission to cut timber or 

 otherwise trespass on the public lands, as there is no authority for any such proceed- 

 ing ; but all such offenses against the law must be prosecuted and tried by the author- 

 ities duly constituted for that purpose. 



5th. Should you find such trespass committed on sicamp lands, or those which are 

 rendered unfit for cultivation by overflow, you will take no further action than to 

 notify the governor of the State, as all such lands inure to the State under the act of 

 28th September, 1850. 



6th. In the enforcement of the said act of 1831, you should be careful not to interfere 

 •with pre-emption rights under the act of 4th September, 1841, the settler, with a view 

 to cultivation, having the right, as hereinbefore indicated, to use or destroy trees in 

 clearing roads and constructing bridges, or for any other purpose connected with the 

 improvement of his homestead. 



7th. While thus liberal to the honest settler, you should be vigilant to detect and 

 arrest the speculator, who, in the guise of a settler, and under the sanction of a declar- 

 atory statement, may contemplate the spoliation of timber, and unless arrest 1 might 

 seriously injure the public interest. 



8th. Where the tresspassers are unknown or known, and timber has been cut or re- 

 moved off the public lands, you will cause it to be seized and sold at auction to the 

 highest bidder, under such regulations as sound discretion may suggest. 



9th. All moneys, the proceeds of the sale of timber received by you, must be de- 

 posited in some of the United States depositories, to the credit of the judiciary fund, 

 without abatement, and an immediate report made of the same to this ofiice, with a 

 full statement of all particulars duly verified. 



10th. In the prosecution of your duties you may, upon any pressing emergency, 

 deputize a reliable person to investigate and report the facts involved in any supposed 

 case of tresspass, and allow a per diem of three dollars and a mileage at the rate of 

 ten cents per mile. 



In making any such appointment you will report the fact instanter, and the neces- 

 sity for it, and will require in the atfidavit of the employ^ a statement of the time 

 actually occupied in the service and the distance traveled. An account verified by the 

 parr.y and certified by you should be reported to this office for pajment. 



Where there is no pressing emergency for the appointment of au agent, you will re- 

 fer the facts to this office for consideration aud await instruction. 



11th. In returns to this office of sales of timber you will be careful to designate the 

 places of seizure, the quantity and kind of timb -r, whether in logs or manufactured, 

 • price per foot, with the names and residences of purchasers, and cause the same to be 

 verified by a certificate from the party making the seizure and sale. 



12th. You are directed to make a report at the end of each quarter, the first to be 

 rendered on 1st April next, of the proceedings of your office pursuant to those instruc- 

 tions, and showing the operations of this sjstem as preventive means; also the num- 

 ber of acres entered by trespassers through its constraining influence. 



You are requested to acknowledge the receipt of this, aud advise me of such prelim- 

 inary steps as you may take with a view to a compliance with the foregoing instruc- 

 tions. 



Very respectfully, your obedient servant, 



THOMAS A. HENDRICKS, 



Commissioner. 



