The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-12-27
No. l66.

Stdtc5 as Sues OF OtHtf
jects of national character II is understood that
titles of some kind generally not valid without the
confirmation of Congress, have been procured, and
claimed, to of these points, which, If con
firmed to and made the property OF individuals,
must be purchased back at very large price. The
right of the United States TO such SITES where valid,
ought TO be at asserted and every spot neces-
sary the of the Government should be selected
and separated from the general mass of public lands,
and reserved from SALE and from the operation of the
pre- empton laws, they shall be extended to that
territory.
MINERAL LANDS IN CALIFORNIA.
II is understood that few of the larger grants
cover, to extent, the mines of gold and quick
silver.
BY the laws of Spain these mines did not pass by
a grant of the land, but remained in the crown,
subject to be disposed OF according to such ordi-
nances and regulations as might be from time TO
time adopted Any individual might enter upon
the lands of another TO search for of the pre-
cious metals, and having discovered mine, he
might register and thus acquire the right to work
il on paying TO the owner the damage done TO the
surface, and to the crown, whose property it was,
fifth tenth, according to the quality of the
mine. If the finder neglected to work, or worked
it imperfectly, it might be denounced by any other
person, whereby he would become entitled.
This right to the mines OF precious metals, which
by the laws OF Spain remained in the crown, is
believed to have been also retained by Mexico while
she sovereign of the territory, and to have
passed by her transfer to the United States. 1t is
right of the sovereign in the soil perfect if it
had been expressly reserved IN the body OF the
grant; and it will rest with Congress to determine
whether, in those cases where lands duly granted
contain gold, this right shall be asserted or relin
pushed. If pushed, it will require express
law to effect the object; and If retained, legislation
will be necessary to provide a mode by which 1t
shall be exercised. For il is to be observed that the
regulation permitting the acquisition of right in
the mines by registry or bydenouncementw was SIM
ply mode Of exercising by the sovereign the pro-
prietary right which he had in the treasure as it
law in and uyaa Tod with thp soil
quently, whenever that right was transferred by
the transfer of the eminent domain, the mode
adopted for its exercise ceased to be legal, for the
same reason that the Spanish mode of disposing of
the public lands in the first instance ceased to be
legal after the transfer of the sovereignty.
Thus it appears that the deposites of gold, wher
ever found In the territory, are the property of the
United States. Those, however, which are known
to exist upon the lands of individuals of small
comparative mportan by far the part being
upon unclaimed public lands Still our Informal
ton respecting them is yet extremely limited; what
know in general is that they of great extent
and extraordinary productiveness, even though
rudey wrought The gold is found sometimes in
masses, the largest of which brought to the mint
weighed eighty nine ounces. They generally
equal to the standard OF our coin IN purity, and
their appearance that of metal forced into the fs-
surcs and cavities of the rocks in state of fusion
Some, however, hattened, apparently by pres
sure, and scratched as if by attrition on rough
surface. One small mass which was exhibited had
about five parts in weight OF gold TO one of quartz
intimately blended, and both together bouldered
to form handsome rounded pebble, with
face of about equal parts quartz and gold. very
large proportion of the gold, however, is obtained
in small scales by washing the earth. which Is dug
up in the beds OF the streams their margin.
mass OF the crude earth, az taken at random
from a placer, was tested by the Director of the
United States Mint at Philadelphia, and found TO
contain Dol grains of gold, being, in value, frac-
ton over s 10, To 100 lbs of earth. II cannot, how
ever, be reasonably supposed that the average allu
vial earth in the placers is 50 highly aurferous.
No existing law puts il in the power of the Execu-
tive TO regulate these mines, protect them from
intrusion. Hence, in addition TO our own citizens
thousands OF persons, Of all nations and languages
flock in and gather gold, which they carry away TO
enrich themselves, leaving the lands the less in
value by what they have abstracted; and they rem
der for II no remuneration direct or indirect, to
the Government or people of the United States
Our laws, strict in the preservation of public pro-
perty that they punish citizens for cutting
timber upon the public lands, ought not 10 permit
strangers, who not and who never intend 10 be-
come citizens, 10 enter at pleasure these lands
and take from them the gold which constitutes
nearly all their value.
Some legal provision Is necessary for the protec-
ton and disposition of these mines, and it II mat
ter worthy of much consideration how they should
be disposed Of as best To promote the public in
tercst and encourage individual enterprise. In the
division of these lands regard should be had ta the
convenience of working every part of them con-
tanning gold, whether in the aluvion merely or in
the fixed rocks. And, that such division may be
made in the best manner practicable TO promote
the general interest and increase the value of the
whole geological and meteorological exploration
should be connected with the linear surveys, which
should be made with the assistance and under the
supervision of a skilful engineer of mines.
The mining ordinances of Spain provide mode
of laying out ths mines which applies only 10 dis
tricts where veins of ore occur in the rocks, and
where it is 10 be mined by following the metafer-
Gus dixie stratum in the direction of its dip and
along it, line of strike. But the gold which is found
in the alluvion in California is continuous
great extent OF country, and it may be wrought
upon any lot having surface, earth and access to
water. This district may be, therefore, divided
into small lots, with narrow front on the margin
OF the streams, and extending back in the form Of
parallelogram. Where gold is found in the ocks
IN stu, the lots to embrace il should be larger and
laid off according to the Spanish method with regard
to dip and strike. But so various are the condi-
tions under which the precious metals may be
found by careful geological exploration, that the
mode of laying off the ground cannot be safely an.
ticipaed, but must be left 10 the direction on the
spot, of siilful engineer, whose services will be-
indispensable.
The division, disposition, and management Of
these mines will require much deta but, if placed
| on proper footing, they may be made source of
considerable revenue. 1T is due TO the nation al
large that this rich dcposite Of mineral wealth
should be made productive, as 10 meet, in pro-
cess OF time, the heavy expense incurred in its ac-
QUESTION. IL is also due 20 those who become the
lcssees or purchasers of the Mines that they should
DC Ane WIN suCl SClcntlnC
aid and directions may enable them to conduct
their operations, not only to the advantage of the
treasury, but also with convenience and profit 20
themselves This scientific aid cannot be procured
by individuals, as our people have little experience
in mining, and there is not in the United States
school Of mines. or any in which mining is taught
| as a separate science
II the United States sell the mineral lands for
cash, and transfer at all title to the gold which
| they contain but very small part OF their value
will probably be realized II would be- better, in
my opinion. TO transfer them by sale or lease, re-
serving n part Of the gold collected as rent or
seignorage.
After mature reflection, am satisfied that mint
| at some convenient point will be- advantageous 10
| the miner. and the best medium for the collection
and transmission of the gold reserved Gamboa
! Spanish author of much science and practical OBJ
servaton, and at one time President of the ROYAL
Academy of Mexico, strongly recommended the
establishment OF a mint in their principal mining
district, as a means of collecting and transmitting
the rents reserved by the crown, aud especially 10
give legitimate currency ~ the miners, that they
might not be compelled, from necessity, 10 barter
their bullion, ia violation of law The same reasons
would apply here with equal force.