The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-02


shah be considered forfeited may be granted TO any
person who shall denounce them accordingly"
In addition to this the fourteenth section Of chapter s1
OF the ordinances Is as folowsi b3a..g -.,st +.
"Any may discover and denounee vein not only
common land but also on the property OF any individual
6c and likewise the understood with regard
to denouneinz convenient places for erecting
ana aso waters Tor moving machines employed for the re-
The twenty section Of the same chapter provides
that mines OF gold and silver precious stones copper lead
tin, &c, may be denounced in like They all
subject 70 the same regulations and required to be
worked for given length OF time in each year and upon
failure OF the conditions required for the working OF
the or Of the payment OF the rent they reverted to the
supreme government
Section four Of chapter six prescrbes the manner in
which mine may be denounced and 10 in the following
words:
The persons referred in the preceding sections must
present written statement to the deputaon Of miners
that district in there should not be In that
tric to tho nearest thereunto specifying in ii bis name,
those Of his associates (f he has the place bis BIRTH
with thac particular asd distinguished features the
tract mountan or vein of which he claims the discovery
The Supreme Court fully recognises the laws here au
ded to in their decision in the Fremont case IN Howard
page 5e5,) in which they declare as follows ,.1a
"n relation to that of the which disputes
his right upon the ground that his grant embraces mines OF
gold silver it is sufficient to say that under the mining
The title ths to e
The only question before the court the validity of the title
bs any, what are the rights of the sovereignty them arc
questions which must be decided in another form Of
ing and not subjected to the jurisdiction Of the commits
sioners, or the court, by the act of 1851 .
While am willing to go as far as the gentleman from
Kentuekyor any other gentleman in redressng the
Of this people yet it to that it would be well to
examine the grounds upon which it is proposed to act be-
fore we proceed to take important step is here in
tended And while you looking at the interests Of
one party it would be well to look at other rights which
would be invaded by the passage of such law as this
How much land in the Territories Of the United States
would satisfy these presumption clams2 How much legis
laton would be necessary to give vitality to the law of
Mexico which part of the condition of every of
these grants 1t is necessary that reference should
be had these things if action should be taken by Con-
gress had intended to present system for working the
mines and revvng the law which entered into and be-
part Of these grants in order to bring the subject
before the House But became satisfied of the fact upon
examination that the United States had right to the
minerals-that the right of eminent domain over them
vested alone in the State Of CALIFORNIA; and further that
the State has right to ALLEVIATE her title 10 them 1t
direct the working Of the mines but cannot grant
them in fee-smpe.
In view Of those ac content to leave the subject
as presented in the bill have offered for your cousidora
ton,
Are gentlemen of the extent TO which e passage
of the bill reported by the COMMITTEE on the Judiciary
would go2 II would cone.m all sorts of claims simply
because they have een passed by the board Of land
Il
sad 5y the gentleman from Kentucky that this lima-
ton to time made for the purpose of preventing the
confirmation of fraudulent claims. have mentioned one
of the fraudulent character of which person in Calor-
MIA has any of doubt but it may be presented
this distance and made to appear very fair claim. An
othor claim which believe passed before Janu-
airy last is claim for the jurisdiction Of Mare island
which ia the United States nayyyard and which have
betn expended ilions of dollars. Now sir have been
informed that the grant in respect TO this island org-
nay only TO allow stock Craze there have been
in wl WAS rat in
extended no further But upon this paper there
is absolute grant Of the land and contract enter
cd into with the United States authorities that if the claim
should be decided in favor of the parties claiming it, the
government should pay very large amount for It'll be-
lleve some 100000
MKHnEa. Was this claim to Mare island passed upon
by the board Of commissioners prior the st Of Jam
uaryf
Mr.. DENVER That is my recollection
Mr.. H. MARSHALL 1t was passed on the l2th Of Feb
ruary.
Mr.. DENVER The amendments I have proposed are
not presumed to be the best that could be framed have
presented them because supposed that the House had de
TO the bill offered by my coloaguc but think II would
be wise II this House would take action upon the sub
ect think the best thing do Is TO let the maer
stand rs ii Is and what win out Of II hereafter
do not present the bill which have offered therefore
because desire TO passed for really think that for the
present any legislation upon The subject would be wrong
II the Attorney General docs his duty these claims viii
soon be disposed Of and willing that be shall be re-
qured to act without delay That he has neglected this
matter long free 10 admit but II be will only
live up 70 what he proposes there viii be end OF
the matter Let require him 10 do his duty, and not
again throw everything into confusion by further
wise legislation.
TO THE PEOPLE OF THE STATE OF CALIFORNIA.
II would be impossible TO elucdAte, in speech Of one
hours duration all the great interests connected with the
mines Of California But 10 order 10 explain portions
Of my remarks deem Il proper to add the following
what have already said
The minerals Of California were FIRST possessed excu-
svey by the crown Of Spain. They Afterwards passed 10
the supreme OF Mexico the date Of the
cognon Of the Independence Of that country by Spain
The royal title TO minerals under the Spanish laws
not limited 10 gold and silver hut extended TO the baser
metals
aud comprehensive than those Of any other kingdom
the continent Of Europe Those laws continued by
Mexico without alteration 10 the present day. IL s by
them that we are regulated in sovereign rights 70
minerals within all the territories acquired from Mexico
All grants made to subjects or citizens by Spain or Mex
leo passed no title TO the land except subject
ton Of he minerals therefore the titles all the minerals
in California New Mexico either vested In the Uni
ted States the State Of Calforna(See the laws Of
Spain and Mexico upon the subject Of mines)
Ny opinion Is that they parake Of the character Of
eminent domain which eau belong 10 the sovereignty
alone and must therefore vest in the State OF California
Isl however 10 be observed the history Of all the
civilized nations Of Ruropo that this royal prerogave Of
the exclusive title 10 mnos has been uniformly claimed and
exercised by the supreme governments respectively subject
only 70 such conditional alterations not in fee
simple, aud did not dvest the crown OF the title
BY the common and statute law Of England the same
general principles recognised and enforced by judicial
decisions Whatever may be the and value Of this
right Il has been long decided IN England that all mines
the crown by prerogave with liberty dig and carry
away the ore and with all ether such incidents Of right
and power necessary be used Such Ia the Ian
gusge Of the English authorities See Banbrdge on the