Weekly national intelligencer., 1851-11-08

WASHlN Et1ON CA - MI
THE MINERAL LANDS OF CALIFORNIA.
friend from California has requested to copy from The
Stockton Journal three articles the subject of the PP
disposition tho mineral lands in that State. We
ed tina, they from the pen Of respecbe and hono'nbe
czsn abd relating Is the articles do to matter Of pubic
interest," cheeruy yield the request for their insertion
in the Intelgencer, and accordingly subjois them.
PROM srocKToH JOURNAL
Tsx GovsRsMIsT or our MINERAL LASDs.-I propose
to offer lew suggestions the result of several years obset
walton aud reflection this country, to the true disposl-
on 10 make tho mineral lands in this State, and one which
believe win be most conducive the best and lasting inter-
ssts Of the Sse and the permanent residents .nereo ou.
beoreoing So will of the objections have TO
rhe psent plan of free mining, 10 famiary called
The idea notion Of leaving these mines free 70 oil the
woras con,ended for by some, and BY others with re-
sricu6n in favor Of the American people, a. rich inne
snce hereafter to their posteity and to them BY law
the rish and privileges which, it ID asumed they are
sned undsr their own rules and sgulsions. paus
sis e :spssssia .is1 ~ ~ 71s:|
I have traSe1 Ahs working Of such system. the mon
thorouahv have been convinced that il will lead to the
most mischsvcus consequences, ard will be any thing bat
free to the American people their postey believe the
whole plan s mpolc npraccable, and deusory, and will
persisted in end in ntermnable difficulties and the esab
shment Of the kind Of irresponsible monopoesse
created and covering the whole Of the
valuable portions Of the mines restrained and reguated by no
other laws rules than those Of their making This
strong language, and running against public
opinion judging tie notice the political parties have
taken of this subject and regret they bave, ought not
be preudiced by party tactics; bas they are my honest
nvctions and until they overhrown by arguments in
favor of the present system, entertain them. But
tha ily nd
capable Of tracing its working with the facts before his
eyes Of the history of this question: be must come sub
stantially to the conclusions. He will find that this
freedom work the mines but privilege to appropriate
them to private uses in such quantities and such terms
the occupants may by their rules and regulations
choose adopt and permitted BY law to bold under their
rules and regulations, then they will hold in effect in
perpeuty passing by bargain and sale to Others and de-
scend their heirs and beques,s by will and to all ntents
and purposes, in effect be held private property ask,
then, how long will be before the whole OF the mineral
lands will be appropriated private uses and as these rules
and regulations at all times under their CONTROL will they
not be so shaped ensbe them to take all the land
They easily limit each claim to section OF land 70
thirty feet square, and just easily say that notice
gisty shall be the evidence of claim they that
actual occupancy shall be the test and that failure
py week shall be extended to year five years.
adopt any rule of limitation which may suit their views
Short they adopt their rules to enable them to take as
mucb such TERMS the graspng avace may suggest
ask, where then will be this boasted freedom to the Amer
can people and their postery the Of those mines
rich inheritance them The only freedom left to all
such may desire embark in mining thereafter will be the
liberty to purchase the right of these monopos, at such
prices they may fnd for their interest to ask for that pri
vilege. Hths will not be the effect substantially So then
have learned human nature very little purpose, and the
effects which such system will have the morals and cha
Of the community will be mschevous in the extreme
We have only to look al the kind OF population which live
the shores Of the Pacific ocean, both sde and the u
lands thereof and III facilities and irduesmens 70 sngras
here's what Kind of population shall have among NJ
- ho<yn
valuable citizens from beloved country among
yet will this mixed foreign population, which threatens to
nundate and us deter many of our citizens who
would ande proper regulations from aettng among us, and
especially deter family settlements which are so necessary to
build up and give tone and character to society
have said this plan of Having the mines free, either
of the plans referred to- open to the world or restricted to
American citizens to give the right and privilege to appro-
pirate the whole Of them private in pepeuity in
effect far regards those who may desire to work them
hereafter after sufficient time elapses to make these ap
propra,ons We have already the germ and budding
of the effects Of the system combinations of capital
and numbers associated together claiming large exents Of
these mines for aing, tunneing, quazminDg and all
varieties Of claims and works which promise to remunerate
labor and the outlay of capital Many instances OF grasp
ing monopolies might be named but is not my object and
no part of my purpose be PERSONAL point par
cuar abuses in the system, but it is against the whole plan
wish direct public attention. The miners class de-
great credit for their perseveng industry and enter
prise in developing the of these mnes and long
the presen system is allowed all have equal rights to use
and work any unoccuped lands they find worth work
ing and when the term trespasser and monpolsts
don't to reflect any they are used technically,
and applicable to the present mode of mining in the alb
sence of legal authority These claims and interests
daily extending and strengthening and will continue to ex
tend and strengthen under the present system, and will be
claimed and held vested rights and be the subject Of bar
gain and sale in perpetual succession, descent and inherit
ance and the of the State will take jurisdiction and
enforce those rights We already they have undertaken
redress grievances and grant remedies for alleged viola
tions Of these rights There may be apology for this
action in the courts arising from the necessity of the
and prevent settlement by brute force bat strikes
that they will be led into very amusing if not instructpg,
system Of jurisprudence in carrying out and enforcing these
claims. They have already undertaken to adudcae the
rights between gans contendng who has the best right to
another persons land which found unoccuped by
the owner and have deceed that the Of the lands Of the
United States shall be sold pay what John Doe Rich
ard Roe and that John should not portion of third
ion of the Of and and there being law ehe,
statue common known the civilized world to
such cases. the usages and customs framed among these
and other made the rule of decision in these
and they not written laws and pubished to the
world, but hid in the avnes whence they emanate, wit
called the stand to instruct the court and jury
what the law is which ought govern in the particular
bar for they and variant the guches
in which they made and the grave judge appointed by
sovereign State sits there dispense justice under such
laws and condescends be instructed by witness the
stand what Is to be the rule Of his decision, and enters
judgment and issues his decree levy and se the in
these lands belonging the United States and such levy
and sale will be about valid and pass about good title
to the purchaser levy ard sale of the moonshne which
reflects the claim of the defendant But this may be
cessay preserve the peace and quie, Of society, for the