Hillsdale Whig standard. (Hillsdale, Mich.) 1846-1851, 1850-01-15

J are subject 10 doubt or controversy. n large
proportion Of them it is believed are OF ancient
date, and evidenced by long and uninterrupted
occupancy.
In California such commission will be more
especially necessary Many OF the older grants
in that Territory. of considerable extent, have
been resumed by the sovereign authority, and
are now held under new grants, which require
examination. Many important and command
: ing points are claimed under very recent grants
of questionable character; and bat part OF
the public records were, at the time Of our last
> advices, In the possession, or within the knowl-
edge of the proper authorities. There is, how
ever, large amount Of land in this Territory,
held by grants of unquestionable validity, and
some of them, especially those granted for pas
turage, are large, covering many square leagues
in extent. considerable amount is also held
by inchoste titles, regular and fair in their in
} ception, but which have not been perfected
These titles were commenced in good faith, by
concession from the Spanish or Mexican au-
thorites, ought TO be favorably regarded, espe-
cially if followed by possession. In no case
, should the occupant of the soil suffer injury by
the transfer of The sovereignty to the u. States
, This consideration has induced Congress to con-
firm inceptive grants, even where the conditions
were not fulfilled, in all cases where it could
reasonably be supposed that the Government
which made the grant would have waived or al
lowed further time for their performance,
This liberal consideration ought not, howev-
on the bays islands and headlnnds, which when
acquired were known TO be necessary 10 the u
S. as sights for forts light houses and other OBJ
jects of national character. 1t is understood
that titles of some kind, generally not valid
without the confirmation of Congress, have
been'procured, and are claimed, 10 some of these
points, which If confirmed and made the prop
erty Of individuals, must be purchased back at
very large price Tie right Of the United
States To such sites, where valid ought 10 bc at
once asserted, and every spot necessary to the
use of the government, should be selected and
separated from the general mass OF the public
lands and reserved from sale, and from the op-
MINERAL LANDS IN CALIFORNIA
Grafton Of the of the preempti0n laws aa they
sqall be extended to thDt Territory hy legal en-
aclmen..s.
Bv the laws of Spain these mines did no,
pass by the grant OF the land, but remained in
the Crown, subject to be disposed Of according
TO such ordinances and regulations as might be
from time to time adopted. Any individual
might enter upon the lands OF another TO search
for ores Of the precious metals, and having dis
covered a mine; he might register IL, and thus
acquire the right 10 work il on paying 10 the
owner the damage done TO the surface, and 10
the crown, whose property il was, fifth or tenth
according 10 the quality OF the mine. If the
finder neglected TO work il, or worked it imper-
fectly, it might be denounced by any other per-
son, 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 10 have been also retained
| by Mexico while she was sovereign of the Ter.
ritory, and 10 have passed by her transfer 10 the
United States II is right OF the sovereign, in
the soil as perfect as ii IL had been expressly
served in the body of the grant; and It will rest
| with Congress 10 determine whether, in those ca
ses where lands duly granted contain gold this
right shall be asserted or relnquished. If rrlin-
pushed 1t will requira an express law to ac-
l.-1s IL
| will be necessary TO provide mode by which IL
shall be exercised. For it is TO be observed that
the regulation permitting the acquisition of a
right in the mines by register or by denounce-
ment was simply mode Of exercising by the
Sovereign the proprietory right which he bad in
the treasure as tlay in and was connected with
the soil Consequently, whenever that right
was transferred by the transfer of the eminent
domain 'the mode adopted for its exercise, ceas-
ed 10 be legal, for the same reason that the Span
ish mode Of disposing Of the public la1ds in the
first instance ceased TO be legal after the transfer
| of the sovereignty.
Thus it appears that the deposiies of gold
wherever found in the territory. belong to the
United States. Those, however, which are
! known to exist upon lands of individuals are of
small comparative Importance hy far the arger
part being upon unclaimed public lands. Still
our information respecting them is yet extreme
| ly limited; what We know in generals that they
are of great extent and extraordinary produc-
tive, even though rudely wrought The gold is
| found sometimes in masses the largest OF which
brought to The mint weighed 80 ounces. They
are gener ally equal 10 the standard of our coin
in purity, and their appearance that Of metal
forced into the assures and cavities OF the rocks
in state of fusion. Some, however, are flatten-
ed, apparently by pressure and scratched as il
by attrition on a rough surface. One small
mass which was exhibited had about five parts
in weight of gold 10 enc of quartz, intimately
| Ill I.sl -
a handsomely rounded pebble, with a surface OF
about equal parts quartz and gold. A very large
proportion of the gold, however, is obtained in
small scales by washing the earth, which is dug
| up in the beds OF streams, or near their margin.
Amass ofthe crude earth, as taken at random
! from placer, was tested by the Director of the
United States Mint at Philadelphia, and found
TO contain 264t grains of gold being in value, a
fraction over 10 to 100 pounds of earth Ii can
| not however be reasonably supposed that the
average of the alluvial earth is 80 highly aurif
! erous.
No existing law puts il in the power of the
| Executive To regulate those mines, or protect
them from intrusion. Hence in addition to our
own citizens, thousands of persons, o. all ma
/ tious and languages, flock in and gather gold,
| which they carry away TO enrich themselves,
leaving the land less in value by what they have
| abstracted; and they render for il no remunera-
! tion, direct or indirect, to the Government or
people of the United States. Our laws, so strict
in the preservation of public property, that they
! punish our own citizens for cutting timber upon
the public lands, ought not to permit strangers,
! who are not, and who never mean to become
citizens to enter at pleasure on these lands and
take from them the gold which constitutes near
| ly all their value.
Some legal provision is necessary for the pro-
lection and disposition of these mines and il is
matter worthy of consideration how they should
! be disposed of so as best TO promote the public
! interest and encourage individual enterprise
In the division of these lands regard should be
| had to the convenience o' working every part Of
them containing gold, whether in the alluvian
OF 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 mincrolog-
ical exploration should be connected with the !
| -. A.,