The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-02
SHINGToN. SATURDAY EVENING, AUGUST 2, 1856

ments which have offered provide justly in conform
y with the policy of our government for the rights Of
the tol-worn emigrant Amy other policy would be
10 20 backwards from present advanced civilization
willing sir give to the land claimants every acre
they entitled to- but more II they have neglected
in times gone by TO do that which would have secured 10
them landed estates equal TO what would be princpaues
in countries IL is their fault and they can blame
else for such neglect They should have strict JUS
tice but nothing l am not willing as by regrant
their claims lands which they considered
valueless be worth the price of surveying
The sctes rule of the law will leave them in possession
of vast tracts of land and not willing To stand by
and desoation wrought upon thousand heads when
there is law to require IT, and when 1t would be no
less nhuman than contrary to the policy Of our govern
men and the whole spirit Of our institutions But there is
not legal technicay contrary to the construction OF
law which these amendments assume. Therefore, they
have their side not only all that have stated but strict
justice and strict law. rsEa
am willing that the decisions OF the United States dis
trict courts shall be made final have desire to COM
pei the claimants to carry their beyond that tribunal
have shown that the decisions Of the Supreme Court
lately rendered in direct conflict WITH and in fact
verse; of their former decsionshat they so beyond
and start questions by which their former decisions
rendered nugatory and that great mischief has been
caused thereby ..... ..
In relation to the mineral question: there cannot be-
presume shadow ofa doubt The Supreme Court was
deeply impressed with the Importance OF this that it de-
cared that the decision in the Fremont did not touch
the question about the right to mine and that the ques
ton not presented in the 1t was simple ques
and Mexico of land to be held under their authority and
subject in all respects to the conditions which they pro-
vide The grantee could take nothing by the case beyond
that Nothing beyond that in the power OF the
mssiones Nothing beyond that in the power Of the
United States district courts below. And nothing beyond
that could be taken by the grant made according to that
decision OF the Supreme Court and the laws OF Mexico
We come, sir to examine that part of the amend
ments which have offered with view to protect the
great mining interests Of California; and to prevent them
from being absorbed by supendous individual specula
TONS
The treaty of peace between the of Spain and the
Mexican republic signed the 28h day Of November
1886. The first article recognised the Independence and
sovereignty of Mexico The seventh article recognised the
dominion Of the of Spain have endured until the
year 1921 There DEGREES of the supreme govern
ment of Mexico from the year 1921 to the year 1874
which affect change in any way the preexstng rights
of the sovereign to absolute title to- and control Of all
mines and minerals They passed to the supreme govern
ment Of Mexico and remained unaltered perfect and
unmpared they existed in the Spanish prior to
the treaty of 1896 They rights capable of being
transferred and passed to the United States by the treaty
Of 1913, Guadalupe Hidalgo) -.
The regulations Of the crown of Spain embraced all
minerals of whatever character They also constituted the
mining laws of the supreme government of Mexico 1t was
not necessary by the laws OF the OF Spain and the
supreme government Of Mexico in order protect those
particular rights of the sovereign power to make any
serve of the minerals which might exist within grant
made to individual Those grants always made
for towns agricultural and grazing mining purposes
This the known and established policy Of the country
The lands OF Mexico were always treated by the
The agricultural and srenq the other mining
The latter peculiarly considered to revenue and no
fee simple 70 II was made TO individual The sub
ect citizen who obtained the land took that and that
only, subject TO all these rightsthc limitations and
ditions Of the mining regulations All the lands which
might prove to contain minerals liable to be de-
nounced and taken up by stranger II he first 10 dis
them The general principle applied mines
which had been worked and abandoned The grantee
owner OF the lands where minerals found
titled to appraised value to be fixed them agricul
"a 10 Dlegg Thp preaf
object was to encourage mining The policy developed
in the reign Of Philip H. when the power aud mining
sources OF Spain we're at their height That policy has
never been changed and minerals have ever been
passed in eesimpe to individuals by grants Of land
less by express declarations that effect Of which
found In grants for lands in California They there re-
maned in the sovereign The passed in the cesson Of the
Territory of California the supreme government of the
United States, and vest in no Individual TO whom
preme government Of Mexico without being first divested
out Of the United States the specific form Of release made
and intended TO operate title conferred for minerals
The grantees then in California took title miner
ais, and hold none except such held by them in
common with every other citizen, The confirmation by
the commissioners and courts OF the United States confer
red no title They could add nothing Their judg-
meut TO the regularity aud legality Of the gants
solely and would 20 the extent simply and further
Of the laws Of the Of Spain and OF the supreme gov
eminent Of Mexico There is nothing in the act Of Con-
gress by which that commission created which either
does intended TO- change the laws Of Mexico on
this subject The rule h that they shall take by the laws
of the crown Of SPAIN Of the supreme government Of
MeIco and by their authority they hold and by none other
They receive from them great benefits II they do not
der the treaty form the sole authority under which they
hold then the United States would have right reduce
those immense prinoipaltes Of land which have been
granted 70 them down 10 size suited Institutions
and our polity But they protected by the laws Of
the crown Of Spain and Of the supreme government Of
Mexico against that then 50 they likewise limited and
restrained from taking than those laws allowed them
Such has been think the sound and just policy Of the
Of SPAIN and Of the supreme government Of Mex
leo, considering that II the only limitation and re-
by single stroke Of the pen transferred from pow
erty TO immense wealth and created distinctions and bene-
hs between them and their feow-countrymen which are
established usually only By monarchies
Under the policy Of those laws any citizen had a right
10 make discoveries OF minerals on private lands to de-
nounce them, and TO work them III the mines ever
abandoned forfeited by him, they did not even then
revert TO the OF the lands within which they were
found, He had interest In them than a stranger
They reverted to the possession OF the supreme govern
ment and might pass 70 him who would first denounce
them afterwards So, also where mines abandoned
and not worked during certain length Of time In each
year they liable 10 be denounced and taken by
others And in all cases In which mines were denounced
and aken whether BY discovery forfeiture they were
subject TO the regulations prescribed for the government Of
the mines
The mines were thus treated by the crown OF Spain and
by the supreme government Of Mexico the peculiar pat
rmony OF the State which had been and
intended 70 be alieuated With the territory recently
qured by the treaty OF s4s they have passed into the
possession Of the government Of the United States II s
known that they valuable and Our sole
object should be their development by private enterprise
by placing them equally within the reach Of every citizen
By keeping the mines found the public lands free
possible aud giving vitality TO the laws IN force at the
time the grants made and which part Of the
conditions In this way they will assist efficiently In the
oft