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92 them to compete with the miner and occupant, and to monopolize out the most valuable lands of our Territory.

Your memorialists would further represent, that if a fair con. ir struction had been given to the pre-emption act of the 29th of Mav,

1830, and the instructions issued under that act, revived by the os act of 191h June, 1834, by the Commissioner of the General

Land Office, to the Registers and Receivers, defining what culti. dieservation was necessary to secure a pre-emption to the occupant,

many persons residing in the lead mines could have entered their mdo improvements, and thereby secured their mineral discoveries, but

e believing that justice would be done them, and that their claims nel would eventually be secured to them by Congress, these persons

did not urge the advantage which the act of the 26th of June, hanya 1834, conferred on them, which act clearly and fully authorizes of the sale and entry of the mineral lands, in the Wisconsin land er district.

Your memorialists would further represent, that the President coment of the United States, in his proclamation of July, 1834, and June,

1835, offering the lands in the Wisconsin land district for sale,
made a reservation of "all-lands on which lead mines or diggings
are indicated to exist by the official plats of survey, together with
such other tracts as from satisfactory evidence to be adduced 10
the Register of the land office prior to the date of sale, shall be
shown to cɔntain lead mines ;" consequently, lands of this de.
scription were not offered at public sale or out-cry, according to
law, and, therefore, were not subject to private entry. . .

Your memorialists would further represent, that after the land
sales in the Wisconsin land district in the years 1834 and 1835,
the Register and Receiver adopted a regulation for their guidance,
requiring negative proof that the lands reserved by the President,
and which had not been offered at public sale or out-cry, did not
contain lead ore. Under the action of this regulation numerous
tracts of mineral land were entered at private entry, and it is be.
lieved an immense amount of fraud and false swearing have been
perpetrated to the disgrace of the country and the injury of the
miner.

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These facts are most respectfully submitted to the consideration of Congress, and your memorialists feel that the state of the case authorizes them in urging on your honorable bodies instantaneous 'action in the premises. They would, therefore, pray, that a law be passed by Congress, making void all entries of mineral lands, in the entry of which fraud and false swearing can be made to appear, and granting the right of pre-emption to the occupants of all mineral lots, held, worked and occupied, under the regulations adopted by the President of the United States, up der the act of 3rd of March, 1807. :

And your memorialists, as in duty bound, will ever pray.

ana

No, 5.

MEMORIAL

To Congress relative to duties on imported Lead.

th

To the Honorable the Senate and House of Representatives of the

United States, in Congress assembled :

The memorial of the Council and House of Representatives of the Territory of Wisconsin, respectfully represents, That under an act of Congress, approved the 2d of March, 1833, the duty of three cents per pound on pig, bar, and sheet lead, imposed by the act of the 19th day of May, 1823, together with all other articles manufactured from lead, will be reduced to 20 per cent. on the value thereof, after the 30th day of June, 1942.

Your memorialists are aware, that in approaching your liono. rable bodies on a subject which was near convulsing our happy country, tho most cogent and irrefutable reasons ought to be set

forth, to justify them, in touching on so delicate and important a subject, at the same time we will remark, that viewing this Terri. tory as the minor ehild of the government, we may approach a heretofore indulgent and liberal parent, on a subject which our elder sisters of the confederacy have agreed should remain unin. terrupted, for this reason, that at the time of the passage of the act, known as the “Compromise Act,” Wisconsin did not exist as a separate Territory, and her interests were not fairly represented in that compromise. Again, were the results of expenditure in our mining operations based on the certainty with which the farmer and manufacturer are rewarded, we would not be found the foremost in trespassing on forbidden ground, or in asking protection from the general government for our staple. It is known, however, to your honorable bodies, that from the un. certainty which attends mining in all countries, and from our want of capital and experierce, the high price of labor, the great dis. tance we are from market, and the heavy charges for transporta. tion, that we cannot compete with European capital and experi. ence, and their low prices for labor, in producing lead, although the richness and productiveness of their mines, will not bear a comparison with ours.

It is a fact of some notoriety, that nearly in every portion of this Territory, which has been surveyed and settled, lead ore has

been discovered, and that, bordering the Mississippi river, from en the vicinity of Lake Pepin to the mines of Missouri, indications of

lead ore are found. Possessing a country indicating inexhausti. ble bodies of this ore, and of such vast extent, would it be good policy on the part of the general government to let the business of mining languish, when its protection for a few years longer would enable us to compete with European capital in the production of lead?

The mining operations in this Territory, have, from the want of capital, been confined to a depth ranging from thirty to one hundred feet; explorations had not been made to any extent be. low the water. Encouragement bas been held out by this Legis, lature, in granting corporate powers to mining companies, for the

purpose of developing its resources to greater depths, and to in. duce foreign capitalists to make investments in our mines, and, that they have not availed themselves of their privileges, may be mainly attributed, to the anticipated fall in lead, from the redus. tion of the duty about to take place.

Although a diversity of opinion exists, as to the justice of impo. sing protective duties for the encouragement of a productive manu. facture, confined to any particular section of the Union, yet this objection cannot extend to lead, for, bearing in mind the advice of the father of his country in time of peace prepare for war," — the government have ever shown a disposition to protect all arti. cles produced in our country, which might become necessary for national defence.

The very liberal proiection heretofore afforded on our staple, and the fair prices which have been obtained for it, have induced a large emigration from Derbyshire and Cornwall, in the kingdom of Great Britain, and thousands of her miners have found freedom, a competency and happiness in our flourishing Territory; but should your fostering hand be withdrawn from us, distress and ruin must ensue, where happiness and prosperity now reigns.

We, therefore, pray your honorable bodies, to give this memo. rial the consideration which the national interest, and the future prosperity of our infant Territory require. And if it shall appear that granting us a protective duty on lead, and all articles manu. fac:ured therefrom, as will continue our onward march in pros. . perity, can be done without taxing to too great an extent the pa. triotism of other sections of the Union, then we ask that our prayer may be heard.

And your memorialists, as ia duty bound, will ever pray.

No. 6.

A MEMORIAL

To Congress to extend the jurisdiction of Justices of the Peace.

16

cirt To the Honorable the Senate and House of Representatives of the

United States of America, in Congress assembled :

The memorial of the Legislative Assembly of the Territory of Wisconsin respectfully represents to your honorable bodies, That 035 by the act of Congress of the United States organizing the said

E Territory, entitled “An act establishing the Territorial Govern. I ment of Wisconsin," approved April 201h, 1836, it is provided, in found the ninth section of said act, “ that justices of the peace shall not leto have jurisdiction of any matter of controversy where the debt or i det nye sum claimed exceeds fifty dollars." Your memorialists would F state that the cheap and expeditious administration of justice in es the Territory is greatly retarded in consequence of the jurisdiction and'i of justices of the peace being limited to so small a sum in such insi cases, and that such limitation of the jurisdiction of justices of the tab peace is a source of great and unnecessary expense and trouble to arba suitors in obtaining their just rights, by compelling them to seek en their legal remedy, where the debt or cum claimed to be due ex. hele ceeds fifty dollars, in the United States District Court of the Uni.

ted States of the Territory, which is burdensome to the people onefo and a great hinderance to the due administration of justice.

Your memorialists would further represent, that the collection of debts and the equitable administration of justice would be greatly facilitated, and the expense attending the same greatly decreased, by extending the jurisdiction of justices of the peace in the Terri. tory to one hundred dollars, and that no evil or prejudice would arise to parties by such extension of their jurisdiction. Your me. morialists would, therefore, pray your honorable bodies to amend

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