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

English common law may be considered as that which has
been stated But as this state Of the produced
ous Suits and threatened 10 discourage entirely all mi
ming enterprises 1t provided by passed Tor
that special purpose TO protect the rights of the subject
the baser metals although they might be mixed small
extent with gold and silver (See cambridge pp "A and
The doctrine therefore Of the common law is well set
tied in England that all mines Of gold and silver belong
to the crown, and that when they mixed with
baser metals they still belonged to the until other
wise from IT. and provided for by statutes special
| ly passed for that purpose. aaa a' at..a-ss'
The whole theory of the royal right to mines H. under
the English common law substantially that of Spain
The difference simply is, that the Spanish law has more
specially in all the requisite forms which could be resored
to- provided that no minerals shall be taken bya subject
or czen by reason OF the granting OF land to him. So
that no grant made by Spain Mexico that did
not carry with 1t all the reservations TO the crown or the
supreme government for holding working disposng Of
the mines therein This question is beyond dispute
have thus given full statement Of the Spanish law
and the common law of England bearirE "a tIii3 A.
porant subIect not that deem the latter necessary but
in order to give full understanding of the matter The
Spanish law accompanied every grant, and became part
! and parcel of it, without being expressed in 50 many
words while the common law having been adopted bya
public lands The practical working of this theory of
tho law under the Spanish and Mexican hns
been that no one to whom grant of lands made has
ever set up any right to the mines by virtue of such
grant but on the contrary any other person had RIGHT
to enter seek for discover and denounce such mines The
law then provided the manner in which the mines should
be held and worked by the dscoverers the owner being
entitled to bepad by the dscoverer the agricultural OF
grazing value Of the land and no more and If the dscoy
should afterwards abandon the mines any other per-
son mad right to enter and denounce them the same as
| though he was the first discoverer ~ 1~@ 49,.
Thus much have thought proper say in reference to
this subject and will only add in conclusion that Spain
was the only government of Europe that had full and
complete code OF mining lave Those laws existed in
Mexco at the time that Spain acknowledged her ndepend
ense ah Gave continued in force to the present time
Ihe treaty of Guadalupe Hidago added nothing to, and
took nothing FROM the titles 10 the grants for lands in
California No law has since been passed by Congress to
change the character of those grants in any particular
They must therefore be considered with reference to all the
limitations and restrictions TO which they subject
when made. -.
have felt deep and exciting interest In this subject
because saw that II vital TO Calornia-to all her
interests because vital to her mines and miners vital to
her agricultural population 1t vital their protec
on and security against claims which intended
involve the lands and the minerals and grasp ther 50 as
to convert the mines from public blessnp mat are now
Tree TO every laboring man. ino private property TO be
monopoiaed and held oy the few among the delrauded
many. -07
Dy the law, the mines are yours. 1t has fallen TO my
lot and become my duty TO strike in the face of impo
sing array of power the first blow to them from be-
ing lost have raised my voice for this purpose in that
hall Of Congress which you look after and
to guard your rights. 1t remains with you main
tain the position which you occupy and for all the future
to watch out against private encroachmen by pre-
tended titles, upon the mines of California In keeping
this guard your valuable privileges and
es you will preserve them to the public and the hardy
miner who fills the streams Of commercial prosperity by
his tolls.
NorE-The following is the origra bill as amended and
reported BY the Judiciary Committee:
BILL to expedite the issuing Of patents for confirmed
land claims in California.
Whereas it is expedent that patents shall issue without
delay to claiming lands in California by virue
ments and whose claims have confirmed BY the
TO ascertain and settle private land claims
proved March ISL onod act lS' 70 o. snd
tie the private land claims in the State Of California"
the district OF the United for the district IL which
such lands respectively situated the Supreme Court
Of the United States therefore, ..-
BE enacted by the Senate and House RepresenaiivSs Of
Ae United States Of America IN Congrsss dsscbed That
in each and every case Of person persons claiming
lands in the State Of California aforesaid and whose claim
clhms have been confirmed prior the Gr, Of dnEary
eighteen hundred and6sr, Aforesaid by the said com,
misoners by the said district or the district
which such lands respectively situated BY the said
Supreme Court patent shall Issue without delay such
claimant claimants respectively, upon his their present
ing 70 The General Land Ohoe an authentic certificate Of
such confirmation, and plat survey OF the said land duly
certified and approved by the surveyor general Of California
ascertain settle private land claims 10 the State Of
California In subsequent act Of Congress- the
sfc D IHd Dc rsr enacted, That the provisions Of
this act shall not apply TO affect any such claim
wherein the quantity olands confirmed shall equal or exceed
sEo. And % hgAer enacted That all patents issued
only as between tho United States a. The elsmSS and han
| not affect the interests Of third persons.
The following Is the substitute offered by General DKS-
YER: ,..
BILL to expedite the Issuing Of patents for confirmed land
elaimsin California, and for other purposes.
b enacted By s Senate and oH.e Of Representative Of
he United States cf AHasiea "a 0bsgrs a.somBled That
in all involving the title lands u the State OF Cali
fopia arising under the Of March 1851 entitled
act 10 ascertain and settle the private land claims the
Of California which have been, may hereafter be- tried
and decided in the district court OF the United States either
for the northern southern district Of said State the
oson when given In favor Of the claimant claimants
be- and hereby Is declared TO be final against the United
Saes and the general o the United States for the
State OF California shall In accordance with the instructions
OF the General Land Oce bearing date the 2sth Of Novem
ber 1885, and the 18th Of February 1885, 10 the surveyor
are hereby amed subject to such notifications and add
tona regulations the Commissioner Of the General Land
Office find It proper to make, proceed 10 survey and
mark said lands BY suitable lines and
src D. And Jrtsr enacted That when such surveys
shall be completed and Of the returned the
General Land Office, properly authenticated by the
general patent shall be issued in each case and these pat
en shall take priority against each other according 70 the
date OF the original grants Prouded however That said pat
ent shall not be construed affecting the rghts Of
who have held poseson under color of title Of any part
parts Of rad lands, who have bad improvements made
thereon and that all such rights thal valid without
In anywise being affected by this act And prou,sd further
That fit shall hereafter appear at any time within eve years
after the final decision any which has been may
courts by the Supreme Court Of the United States
title TO any Of the lands patented Aforesaid fraud
uen frauduently obtained ehor upon forged papers,
or under any other false preenoe preteucs whatsoever
then the patent issued In such shall be null and
void and the the assignee assgnees Of
shall take right therefor Ard prordcd further,
aforesaid shall convey the said paenee his assigns
right whatever the minerals within the lin
it's comprehended BY H. but the the miner
ons shall remain subject 10 the control Of the sovereignty
having been granted intended granted neither
by the Of Spain, By the supreme government
Mexico BY the United States dRd alao propded Further