The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-01-04
mineral Lnmdrs Am California.

qnicksilver did not pass by grant Il tie land, but
remained in the crown, subject to be disposed Of
according 10 such ordinances and regulations as
might be from time 70 tire adopted. Any indi-
vidual might enter upon the lands Of another 70
search for ores Of tbs precious metals; and having
discovered mine, he might register and thus ac-
quire the right to work it on paying the owner the
damage done to the surface, and 10 the crown, |
whose property il was, fifth or tenth, according
to the quality Of the mine. II the finder neglected
to work, or worked it imperfectly, it might be de-
nonnced by any other person, whereby ne 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 was sovereign of the Territory, and 10
have passed by her transfer 10 the United STATES II
is right Of the sovereign in the soil perfect as 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 shah be asserted or relin-
quished ifTelinqushed, il will require an express
law to effect the object; and If retained, legisa
iion will be necessary TO provide mode by which
it shall be exercised For it is TO be observed that
the regulation permitting the acquisition of right
in the mines bysreglstry or by announcement was
simply mode of exercising by the sovereign the
proprietary right which he had in the treasure il
lay in and was connected with the soil. Conse-
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
the public lands in the first instance ceased to be
| legal after the transfer of the sovereignty.
Thus appears shat the depositspf gold wherever
found in the Territory, are the property Of the Uni
| ted States. Those, however, which are knownto
exist upon the lands ofindividuas are of small COM
paratiye Importance, by far the larger part being
| upon unclaimed public lands. Still, our informa-
ton respecting them yet extremely limited what
know in general s that they are of great extent
| and extraordinary produetiveness, even though
| rudely wrought. The gold is found sometimes in
| Masses the largest Of which brought to the mint
| weighed SO ounces. They are generally equal to
| the standard Of our coin in purity, and theirap-
pearanee that of metal forced into the assures and
| cavities of the rocks in a state Of fusion. Some,
however, are 1atened, apparently by pressure, and
scratched 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 boudeTed, TO form
| handsome rounded pebble, with 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 the streams, near their Margin
mass of the crude earth, as taken at random from
| a placer, was tested by the Director of the U. ).
| Mint at Philadelphia, and found to contain 2o4
grains of gold (being, in yalue fraction over lo'
| to 100 pounds Of earth. Il cannot, however, be
reasonably supposed that the average alluya earth
in the placers is SO highly auriferous.
No existing law puts it In the power ofthe Execu-
tive TO regulate these mines, or protect them from
intrusion. Hence, in addition to our own citizens
thousands Of persons, of all nations and languages
Il 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
render for il no remuneration, direct or Indirect,
the government orpeople of the United States. Oul
laws, SO strict in the preservation of public prop
ery, that they punishLour own citizens for cuttipl
timber upon the public lands, ought not to permi
strangers, who are not and who never intend Y
become citizens, enter at pleasure on these lands
and take from them the gold which constitute
nearly all their value.
Al Some legal provision is necessary for the protec
ton and disposition of these mnes and it is mat
ter worthy Of much consideration how they shoul
be disposed OF best to promate the public In
terest and encourage individual enterprise. In tn
division of these lands regard should be had to tn
convenience of working every part OF them con
tanning gold, whether in the alluvion merely, or Ii
q the fixed rocks. And that such division may b
made in the best manner practicable to promote tn
general interest and increase the value OF the whole
. geological and mineralogical exploration shou
: be connected with the linear survey which shoul
L be made with the assistance and under the super
vision of skilful engineer Of mines.
The mining ordinances Of Spain provide mod
of laying out the mines, which applies only to dis
~ tricts where veins Of in the rocks, an
g where it is to be mined by following the metallic
B. rous dixie stratum in the direction of its dip an
sr along its line Of strike. But the gold which
ha found in the alluvon JIM California is continue,
Nv over great extent of country, and it may
NJ wrought upon any lot having surface earth and a
1t cess to water. This district may be, therefore,
in vided into small lots, with front, Il
AS margin OF the streams and extending back in 4
81 form Of a paralleogram. Where gold is found in 4
rocks stu, the lots embrace it should be arg'
ny and laid off according to the Spanish method wi
Ter regard to dip and strike. But various are t
lat conditions under which the precious metals may
rs found, by careful geological exploration. that
h mode of laying off the ground cannot be safely a
ticipated but must be left TO the direction, on
as spot, OF skiliul engineer, whose services will
he Indispensable
b. The division, disposition, and management
no these mines will require much detail but if plac
80 on proper footing, they may be made source
considerable revenue. 1t is due to the nation
ch large that this rich deposit of mineral wealth shol
- be made productive, so as to meet, in process
e time, the heavy expense incurred in its ACOUSTIC
n 1t is also due to those who become the lessees
as purchasers of the mines, that they should be Fl
ca nished by the Government with such scientific
u and directions as may enable them to conduct tn
operations, not only to the advantage of the
ry, but also with convenience and profit to thei
II u selves. This scientific aid cannot be procured
IN individuals, people have little experience
e. mining, and there is not in the United States
n school of mines, or any in which mining is taug
CT as separate science,
If the United States sell the mineral lands
IP cash. and transfer at all title to the gold wh
IL they contain, but very small part of their val
Ut will probably be realized. It would be better,
IN my opinion to transfer them by sale or lease,
1e serving part of the gold collected rent
IS seignorage.
After mature reflection, l am satisfied that mi
as at some convenient point will be advantageous
re the miner, and the best medium for the eollech'
re and transmission of the gold reserved Gamboa,
u Spanish author of much science and practical o
o. servation, and at time President of the Roy
o. o. Academy of Mexico, strongly recommended the
IL tablshment of mint in the principal mining d
as triet, means of collecting and transmitting
on rents reserved by the CROWN and especially gi
III legitimate currency to the miners, that they mig
IT, not be compelled, from necessity, to barter tn
on bullion, in violation Of law. The same reaso
X would apply here with equal force.
se When the land is properly divided it will, in
'e' opinion, be best to dispose of it, whether by LEI
or sale, so as to create estate to be held only
ISL condition that the gold collected from the mi
Se shall be delivered into the custody of officer
ny the branch mint Out of the gold so deposited tn
'er should be retained, for rent and assay coina
ce a fixed per cent, such may be deemed reasI
Is able, and the residue passed to the credit OF
SO miner, and paid to him at his option in coin
on stamped bullion or its value in drafts on the tr
ne sury mint of the United States. The gold in
rs mine, and aftertis gathered, until brought into
ny mint, should be and remain the property Of I
ad United States The barter, sale, gift, or expor
nu ton of any portion of it before it shall have be
iar delivered at the mint and coined or assayed
stamped, or its coneealment with intent to ave
on- the payment of rent segnorage, should lnyol
me forfeiture of the gold ITSELF and also OF the mn