Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1849-02-13
CALIFORNIA LANDS.

VI NllSSOull u pun thS SNCJSSs "a viz N"'A
fornia land titles will DC found of>interest
We regret the want of space, which pre-
vents the publication Of the entire speech.
1t was made in the Senate, on the 18th
ult. upon the occasion Of offering the sub
s.itute 10 the bill reported by the land
Committee, "for ascertaining claims and
titles to land in the Territories Of Cali
fornia and New Mexico, to grant donation
rights, and % provide fora Survey Of the
lands therein. I've published Senator
Benton's substitute last week.
Mr.. Benton said:
What have said, Mr.. President, applies
to the first part of the biil-the part which
relates to the ascertanment of land titles:
there is second part the bill relating to
a new subject, and to which now speak,
This new part relates to the gold mines, as
they are called. though nothing but gold
washings; and is not copied from any code
in the world. 1t is a new thing, and not
the creation of the Land Committee, or of
any committee. 1t comes down from the
mittee is not responsible for it.. will read
the sections which introduce these new pro-
visions that l may do entire justice to them:
"That the said surveyor general shall be
and he is hereby authorized, to sub divide
the sections containing mineral lands into
lots of suitable and convenient size for sale,
not less than two acres each, by lines drawn
north and south, or east and west as may
be required, from points at equal distances
between the section and half section cor
ners to opposite corresponding points, and
to designate those lots by numbers, giving
the lengths of the lines bounding the same"
And again:
1.-The register, moreover, shall be, and
he is hereby authorized, immediately after
the survey of the mineral lands, to proclaim
the same for sale, or such portion thereof us
he may deem most conducive to the inter-
ests of the United States at once to dispose
of, giving at least thirty days. notice of the
time and place of sale. and specifying the
particular lands TO be offered. He shall
then offer the lands for sale at public auction,
subject to such minimum as may be fixed
by the commissioners, not less, however,
than one dollar and twenty five cents per
acre.
This is the principle-a sale, in parcels
Of two acres, after valuation fxed-of these
gold washings; Cor gold, presume, is only
intended, although the comprehensive word
mineral is used-a word which comprehends
all the common and useful ores and metals
coal, medicinal waters, iron, copper, lead
tin. Under this bill not merely the gold
r washings, but all the common and useful
metals may be locked up from public use
until valued by mineralogist, and then
> sold in two acre lots. The provision is ev.
identity intended FOR gold: hut the word min.
eral includes all ores, all metals, all natural
substances capable Of chemical attraction
G 1t is a looseness and comprehensiveness
J. Of language not 20 be tolerated in law
c But consider it as tended-aS confined tc
= these gold washings-and how unwise the
8 idea of selling them, and in two acres, anC
: upon valuation! AS washings, they arc
brief and transient, exhausted in a few
n months or years. The gold in these wash
!. lngs is a temporary crop-as temporary al
crop of grass or harvest of acorns: anC
who would think of selling the fee simple
where only one crop was to be ga:hered!-
"A mine IS one thlng-a wash is another.--
Mining requires great cupital--a fee simple
estate-and large tract Of land--and i!
= worked for an age or centuries. After these
u washings are exhausted, mining may follow
c and that is the time to sell the fee simple
but not in patches of two acres. TO the
washer two acres is an hundred times toe
t much; to the miner 1t is thousand times
e too little. 1t suits nobody, and goes upon
wrong principle. 1t goes upon the prin
c;ple that every two acres is alike, and that
the value can be told by looking at it Nc
such thing. The value can only be told by
digging, and many two acres will contain
. no gold, and many patches oftwenty or thir.
ty feet square will contain rich deposite
The object is to find it, and that is to be
done by hunting--by going from one place
to another-by trying many places. For
4 this purpose, it is no: fee simples in two a.
r cres that arc wanted, but permits to hunt,
and protection in the discovery when de
posite is found. This is The only rational
mode Of working these gold washes, It is
the mode followed in all countries where
they exist. aeH.s f.. s.s.a as 81 j.. G.#s@a 2
These washngs nre called in Spanish
placer, from the Latin piacere, to please;
because it is pleasing thing to find the
, shining gold under ones feet. But it is q
transient pleasure. There is no fee simple
in it; there is not even life estate in it; not
even lease for year, month, week or
day. The pleasure is soon gone. Elk.
hausted placers now exist in New Mexico,
formerly yielding much. now some twcnty
five or fifty cents q day, and only pursued
by the poorest Mexicans. Regular mining
has followed there, and is now yielding con
siderable quantities. These washings Of
California are marvellously rich; for we
have to believe what is certified to US bv so
many witnesses; but they are not the rich
est that ever were seen. Far from it.
Those of Brazil, in the mountains back OF
Rio Janeiro, in the time of Lord Anson' 8
voyage, say one hundred years ago, were
, far richer; and yet they have been exhaust
ed 50 long that all memory ofthem is lost,
and their history only lives in old books
Two millions sterling--ten millions of dol
lars-were annually sent to Europe, for
"a years, from these washings They were
worked by slaves, who. to secure their tidel-
ity and industry, were usually allowed by
, their masters all the proceeds Of the day a.
bove given amount; and inthat wsy many
slaves became rich, purchased their free