The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-10-01
N CONGRESS- OF The U. STATES.
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WEDNESDAY. SEPTEMBER 25, 1850.
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sENArE.
| GOLD MINES AND PLAoERs IN CALIFORNIA
/ Mr. PRATT The senator IRON Missouri has referred
me 10 The 7th section OF this act, which he thinks mani
sly excludes the conclusion to which came by pe-
msa OF the 81 section. Now ask the attention OF the
senate 10 it The 7th section is as follows E
Andbs Further saacted. That.e respective agents sha
enal and receive Tor the use OF the United States for
Oemr 70 work placer By nannal labor, atthe Of
ao ars month for as many months as the applicant sha
~ and iol permit 10 work mine with machinery, Al
~ aIe Of - dollars month ior as many months as the
snncan shall demand, exceeding twelve months Ia
ohs " e ss
operations in any place which he was working" at
And the third section reads thus: !, rs.t
aAnd BE- il Further esaef.d, That permit 70 work .
acer shall be for thirty feeisGuae and Tor mine
handred and feet square, all the lines the cardinal
oas and te 'a'd pelm, .aa' give the person obtaining
G seee1 So long as he shall continue to work lhe same
ii good faith, and no longer, We
Now, the only limitation which, by the third section,
plaeed upon the right 70 work the mines is long
he parry obtaining the permit shall in good faith work
hem The only mitalion. therefore. is the working Of
he mines in goo faith. So long as he does that he has,
under the thinl section q right 10 the mines.
Now the seventh section only refers 70 the sum which
i 10 be paid by the party for his permit man goes
and asks for permit 10 work the mines. The permit is
paid for at such rate Tor any number OF MONTHS as the
party shall choose, not exceeding twelve But it does
long as he will work them, and which he is to select
ander the third section But the construction placed
upon the seventh section By the senator from Missouri
right, what objection there be to adding amendment
which only to do what the seventh section has already
done Now, the object oil my amendment Is to place the
bill precisely where he says stands now under the
enth section Now il that section does not that
purpose, all that want is 10 reserve to the United States
e power hereafter to sell these lands il the government
shall think it is lis proper policy TO do The senator
from Missouri can alter the amendment which have Of
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believe the seventh section, construed with the third does
not do H. All want is 10 reserve 10 the United States
The power hereafter TO change its policy in reference to
these gold mines, if il shall think proper 10 do So.
Mr.. BENTON. The words which the senator from
Maryland presumes TO ente the party to the exclusive
possession of the laads long he shall work them,
means as plainly as angua can mean, as long as he
y Tor the permit which the senator has proposed II il
was adopted and acted upon by any future Congress,
would be doing the greatest injustice. Persons
shipping from the United States, with their machinery
and provisions, TO put upon these gold mines, and they
want security for some given length Of time. They do
want TO be tenants az tcl without those rights
which the common law gives 70 tenants al is and TIA,
six months notice. They do not want TO be turned
any moment as the government may choose TO- sell
As The bill stands the government Of the United
States sell these lands whenever they rease, subject
The rights Of those who have permits to work certain
number Of months, and The time for which they have
their permits eaIse before any such action take
elect That is precisely the way the bill now stands
There necessity fOr any alter1uOn anu any aIter-
auon is made will do mischief there ii any future Con.
gress shall act upon it. IL is but power TO sell the land
without notice, and turn the lessee out The very put
ting it into the bill, if il is not acted upon, will
create mischief by dsqueiing the people, making them
believe they liable TO be turned out any moment
They cannot work with heaIt-they cannot make their
preparations TO 60 on-they cannot have that security
which every must have in what he Is doing, for
given length OF me to make his heart courageous for
his work, and his strong for his toll The bill is
precisely right in ,ha; respect al present limits The
parties 10 twelve months The individual may take out
his permit for any number of months he chooses II not
exceeding twelve. In some parts the mining does
not extend the whole year on account OF the rain,
S He may therefore, take out his permit for six OF
permits for the whole year. and they will TO be safe
o The whole year. and they must be safe for the whole
year, otherwise they cannot work with spirit The bill
precisely right at presents both for The United States
when peases subject 10 the leases on hand no one OF
which have but twelve months TO run from The be-
Eenng, and the parties are also secure IN their labor
Mr. PRATT. The emphatic manner OF the honorable
senator from Missouri does not pass for argument with
me- he says over and over again, that this Is all right
himself Now apprehend that every senator has right
70 Judge of every law which is 10 be passed. although
may be one in reference to California, without being
obliged to be governed BY the opinion OF the senator
nom Missouri humbly conceive that my construction
this sentence is right, although have had always Tor
he judgment OF the senator from Missouri great defer
tnee, and paid great Difference 10 H. Now, ask the
Judgment Of the Senate upon The construction which
have placed upon this sentence, and that which the hon
oable senator from Missouri has placed upon it. He
ays that no one can consrue this third section other
wise than that confers this exclusive right To the lands
only in reference to the time Of the permit Now, ap-
nehend that read the sentence ms u appears
my mind, and the conclusion that the senator
liom Missouri has come to- The Argument OF that SEN
alo 49, that the exclusive possession according to the
PERMIT Now, conceive il is notso IL IL !" so long as ht
shall continue work the in good aith,' without
mentioning the permit, without regard to The permit
without being limited BY the permit 10 the extent tia
ne may enjoy his placer.
Now, humbIy apprehend that the further argument o
because he says that this amendment Injuries the part,
who sends machinery there, anu il doing the parties
who are working the mines great injustice and injury
Now, how s The injury and injustice 10 be done 10 tht
miner, unless the construction that place upon
correct one, that does give perpetual right % th,
miner TO use ie land, provided he continues work il
Now, although do not pretend put my Judgment il
opposition 10 that o the senator from Missouri yet
humbly apprehend that the oil the ihire
section 70 give to ibe party obtaining this right TO worl
the exclusive right OF possession o the placernot Ions
as the permit lasts, for that permit ITSELF n terms is limit
ed by the provso--but so long he shall continue q
Sork IL in good faith Now 10 meet the sincerity OF th
senator from Missoui--lor am sure he is sincere
have changed The phraseology oil my amendment, NEE
me views which he has expressed, so that Il will theI
read
So long he shall continue 10 work The same in goo
NUN or nniiI the Congress OF TIE United Sa.s shall an
horze the sale lands in wnir case the rights Q
peIsouns holding permits shall be reserved Tor ,welv
Now, the construction which the honorable senate
yss TOO plain for any TO doubt Is that these per
ni',s cannot be given Tor longer period than tweiv
mohns Now my amendment ~ proposed ior the pur
poe Of meeting his very view Of the case.
an. BENTON II the honorable senator from Mary
tg sng "hl alter his amendment-t would now give .n