that these appeals to the justice and liberality of Congress have been received with coldness and neglect. They would again most respectfully urge upon Congress the consideration of this subject, conceiving that their instantaneous action is required, so that the false swearing and fraud that have already taken place, and the speculation which may hereafter take place in the sale or entry of the mineral lands may not militate against the just rights of the miner, who claims a pre-emption to his lot and discovery of lead ore on principles of equity and justice.

Your memorialists would further represent, that under the 4th section of the act entitled "An act to create additional land dis. tricts in the States of Illinois and Missouri, and in the Territory north of the State of Illinois," approved June 26th, 1834, it is provided that all lands therein situated are subject to sale and entry, except section sixteen in each township, the tract reserved for the village of Galena, such other tracts as have been granted to indi. viduals and the State of Illinois, and such reservations as the Pre. sident shall deem necessary to retain for military purposes, any law of Congress heretofore existing to the contrary notwithstanding. By this act of Congress the President may at any time. offer theso valuable mineral lands for sale; and, should he do so, that portion of our fellow-citizens engaged in mining, who have been invited, under the sanction of the laws to settle on the public lands, and who can in no wise be considered as squatters or trespassers on the public domain, would be at the mercy of the specu lator, and would be forced into competition with capitalists, in the purchase of land which, after years of toil, expenditure and priva tion, he has proved to be valuable. That this may be the case, is the deliberate opinion of your memorialists, unless Congress interpose for the protection of the miner. We are constrained to this belief, from the fact that a distinguished geologist has very lately, under the authority of the government, made a survey of that portion of this Territory, in which lead ore is found noting each town. ship, range, section, and quarter section, wherein lead ore has been discovered, and who will, by his report to Congress, furnish the speculator and capitalist with the most correct data, to enable

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

Your memorialists would further represent, that if a fair con struction had been given to the pre-emption act of the 29th of May, 1830, and the instructions issued under that act, revived by the act of 19th June, 1834, by the Commissioner of the General Land Office, to the Registers and Receivers, defining what culti vation was necessary to secure a pre-emption to the occupant, many persons residing in the lead mines could have entered their improvements, and thereby secured their mineral discoveries, but believing that justice would be done them, and that their claims would eventually be secured to them by Congress, these persons did not urge the advantage which the act of the 26th of June, 1834, conferred on them, which act clearly and fully authorizes the sale and entry of the mineral lands, in the Wisconsin land district.

Your memorialists would further represent, that the President 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 to the Register of the land office prior to the date of sale, shall be shown to contain lead mines;" consequently, lands of this description 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 publie 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 believed an immense amount of fraud and false swearing have been perpetrated to the disgrace of the country and the injury of the miner.

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, under the act of 3rd of March, 1807. *

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

No. 5.

MEMORIAL

To Congress relative to duties on imported Lead.

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, 1828, 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, 1842.

Your memorialists are aware, that in approaching your hono. rable bodies on a subject which was near convulsing our happy country, the 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 child 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 uncertainty which attends mining in all countries, and from our want of capital and experierce, the high price of labor, the great distance we are from market, and the heavy charges for transportation, 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 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 has 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 induce 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 reduc. tion of the duty about to take place.

Although a diversity of opinion exists, as to the justice of imposing protective duties for the encouragement of a productive manufacture, 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 protection 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 memorial 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 manufactured 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 in duty bound, will ever pray.