The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-10-12
POLITICAL.


We need make apology for occupying the leading
columns OF our journal to day with the valuable and
tertaining paper appearing below The subject Of
the earliest and deepest importance to California and the
perfect competence OF the author TO carefully and
thoroughly consider that subject will commend his
article TO the strlctest attention Of every Californian
The writer is doubtless known TO of our citizens
having rendered valuable service government at
Washington by the full learned and comprehensive
port which was made on subject to which the present
bears close affinity
Messrs EDIroRs. Mr.. Senator Soule, Of Louisiana,
Notwithstanding his known acquaintance with the Span
sh language and laws, has fallen into curious mis-
taxes in his speech in the Senate concerning the
actual condtion OF the mining laws OF Spain and Mex-
co; and his remarks intended and calculated to
prejudice the application OF this State for admission into
the Union, brief correction OF his mistakes may per-
| haps be worth much space in your columns. Mr.
Soules idea rs, that in the ample permission which the
spanish soverelgns gave to private individuals to dis
possess and work mines the Crown thereby part
ed with IFS entire latrimony the mines To exabish
ihs he quotes law of Philip H. in the ordinances of
the New Code ESQ called) respecting mines, and
tract from the Recopilacion OF the Indes as follows
Ns,e Code Ordinance Hss In order to benefit and favor
subjects and the natives Of these Kingdoms and all other
Who shall work or discover any silver mines whatsoeves
discovered be discovered II is will and
possession and properly, they may deal Nth
th anything Of ths onn, observing. both in regard
other respects, regulations arrangements ordered
by this edc, ~ The manner I.e he he5einaer ,a mentioned
pleasure and viii that all our Subjects whether Indians Or
Spanards and whatever station, condition. rank digni
V Except minister's &c work the mines
freely and without imPediInen in such manner that they
may be 20 ALL and in all quarters and limits
Mr. Soue enormously terms these extracts "grants'
whereas they but atus and TO support the conclu
sion which he draws from them--namely that through
them the sovereign d,uested himse Of arg Of domain
over the mining repositories within the possessions which
Spain then held the New World-he refers TO the opin
ions OF Don Mateo de Lagune Judge Of the audiency OF
Quito and of the Cordna de Luca The works OF these
ontb nod ond
aware that they exist in the United States But am
quanted with much OF them as, imagine Mr.. Soue
himself had access to-namely what rs quoted from them
in Gamboa's Commentaries on the Spanish mining laws
and certain that in these passages his SUGGESTION that
they have set the opinion he advances in "efugent
light to be irresistible, not borne out At all events,
those writers stand alone among the authors who of
that subject the view they take OF the effect of those
laws Don Gaspare de Escalona author OF an elaborate
fiaeio Real de ell Reyno del Peru, (Gazophacium Reg
um Perubicum,) takes exactly the contrary view. So,
also, Solorzano in his work the government. laws
and policy of the Indies, well others quoted by
Gamboa. Likewise, Gamboa himself, whose Commen-
aries the "New Code" the most celebrated work
in the Spanish language the laws of mines and mining
entirely disputes and confutes the opinion expressed by
De Luca and Lagunes Finally, the modern author.
Eserehs lMadrid, ls470 remaIking this very law Of
its force the said incorporation into the royal patrmo
ny Of all mines OF gold, silver, and quicksilver (dejando
fuerza la reerda incorporation real paromonio
de todas las mnas de oro, plata azogu)
The weight Of authority and reason, therefore, is
against the position Of Mr. Soule, even supposing the
existing laws of the subject stop with his quotations
But they do The most remarkable OF his mistakes
is quoting only part of tho law and that the part that
has least bearing the subject matter OF his discourse
His quotations relate TO the mines OF Old Span, except
only the extract given from former law OF the Recop-
acion de Indies whereas the great mniDg repositories
Wa the nen hsf = ss
covered by distinct and more recent codes, to wit
that OF Peru and the celebrated mining ordinances Of
Nsp SPAIN adopted by royal order in 1883, Both
deca OF The metals to be
property Of the Cropn That OF New Spain, which was
the law California. declares (tte " art /, On the
Radical Dominion of the Mines) a. follows: "Min be-
long 10 my royal crown, both by their nature and origin.
and by their reunion provided in law 4, ut Is, book g.
Of the Nueva Recopilacion The same code to be sure
did the laws which preceded it, provides means by
which the immediate property tor more properly uruet
since it is expressly provided that the mines shoHld not
be thereby separated from the royal patIimonyD in
mines mil ght be transferred individuals; but il would
be much for this illogical branch OF Mr. Sonles
argument say that because law provides mode IN
fore and thereby the whole stands And the fall
lacy Of the opinion will be still apparent when we
consider that the Crown were divesied OF s ownership
those mines which not occupied would be without
any ownership all-mere wsis On the contrary, the
prescription OF means by which subject might acquire
the right possession or property from the sovereign
showed the ownership to be in the sovele'gB.
Not less unsound in my opinion is the eo~eiuaon TO
which MIR Soue advances, and which y the object and
point of his argument, that the United States re-
ceived the mines and mining lands OF California IN no
other or better condition than he supposes Spain and
Mexico held hem BEFORE they have no other night
in them than 10 levy duty their products and can
hold this right only by virtue OF sovsreigny hence u
they part with their sovereignty by admitting California
wi,hou, express stipulation agreed TO oy California
beforehand they lose a right IN the rs'~es vhdtsoever
The argument comes simply to this that there is no
title in these existing anywhere: that Spain tand
onsequsny Mexco,) after tho license given by phip
the Second had rights them except of tSafon.
bg uufux of sopeeigntg; that this ppcaous and ship
perry al that they transferred TO the United
States and hence IL they part with their sgverelgniy
the country without an express stipulation Tor the
reservation OF so much OF it. The mines, al lar as Uncle
Sam concerned a gone oass. Hence California
must not be admitted til the United States have pro-
right which Philip II happened 10 reserve out OF his be-
fore penary power may continue in the federal govern
meni which has inherited il. ~ astas. y. .d .aJs
To unsophlsticated eye the matter does not seem
so desperate. Undoubtedly, according TO the mining
laws which formerly existed in this country, any man
might 90 on the domain and, having discovered mine,
acquire property in specified smal portion OF It, to
continue as long as he worked and improved it. But
when the land which those mines become the prop
ey OF the United States, apprehend the was in
s,any different apprehend II was then a part OF that
and which Congress alone could dispose Of. provide
Tor the disposal regulation Of II sa mooed question
whether the constitution, in its political character ex
tended 10 the Territories except by special enactment
but suppose there can be doubt that this economic
provision reaches TO all property OF the government
whether within without the State ORGANIZATIONS ano
much the United States lands here as over YES
sci OF in port OF China elsewhere apprehend,
then, that order the rights, whatever ney
may be, Of the United States in the mines from aps"s;
there Ia necessity for posiponing the aomss'on ~
r., the dangers OF