The Nevada journal., 1856-01-18
Mining Legislation Wanted.

which must at the present session command
the attention of the Legislature, there is one
which we trust will be met as its bearing upon
the prosperity of the country demands. We
refer to the necessity every where felt Of min
ing legislation.
The Federal Government, when it conceded
to the mining community the privilege of en-
acting such laws and regulations as they should
deem best adapted to their situation, and the
nature of the country, accomplished either too
much or too little. The State Legislatures,
acting upon the premises thus laid down by
the General Government. have by special en-
actment created in the mineral lands of this
State on uncertain, intangible property, avail
able only to the person who is in actual occu-
pancy, and which cannot with any safety be
made the foundation for credit property
which, whatever may be its value, is held, en-
numbered, and conveyed in so loose andcare-
less manner, as to become the subject of in
terminable litigation, alike ruinous to all par.
ties concerned.
This, however, is one of the least of the
difficulties arising from t he present uncertain
tenure by which claims are held The general
credit system here prevalent, rendered una
voidable from the fact that but small portion
OF the year any returns can be had from the
mines; the fact that the capital actually &C.
quired here is mostly taken elsewhere for in
vestment; that millions on millions of dollars
are hopelessly sunk in mining operations,
which, like the grave or clearinghouse,
make no returns; all these causes combine to
make the richest section of country upon earth
also the poorest.
Positive though monied men may be of the
existence of gold in certain localities, and will.
ing to advance the means to bring it to light,
II they could be as secure Of the capital they
might thus invest, as they are of the existence
Of the treasure sought yet while the present
system under which mining property is held
exists in full force, the only advances made,
are by our merchants and mechanics-forced to
trust, and compelled not only to rely upon the
uncertain value of the ground, but to specu-
honesty. They are forced, from the nature of
their business and of the country, to furnish all
which it requires the expenditure of money to
procure, the provisions which support the
miner, and the implements which he wields,
and that too without the least security that
they will ever receive any portion of the trea-
sure which their own money and credit have
realized. The balance sheets of our merchants
show the extent to which the credit system. is
carried, and the spurious bills of sale, and
fraudulent transfers of mining claims produced
in every court of justice, show too plainly
that knavery is sometimes practised to defraud
the creditor of his just dues. That the miners
of this country, as body, are as honest and
trustworthy as any community, cannot be
questioned but it would be fur more satisfac.
tory, to both the parties giving and those re-
ceiving the credit based upon mining specula-
tions, if the advances made could be secured
upon even the uncertain issue of prospecting
operations. In the present position of mat
tiers, the effort Of the creditor to secure his
debt is always attended with great expense
TO himself, and with ruinous sacrifices to the
debtor, however honest his intentions NAV be-
Held by mere possession, as mining claims
now are. they are sold under sheriff 8 levy
never bringing anything like their real value,
and frequently but moiety of the labor and
money expended upon them. II such debts.
could be secured without the ruinous expense
OF an attachment, if there were property or
interest in mining claims, sufficient to become
the subject of mortgage attached to the
claims upon which the indebtedness accrued,
this vast system of personal credit would give
way to one OF more stability. to such securi-
ties as the Legislature Of the State might pro-
vide upon interests now held by no tenure, and
known to no law.
We would not be understood to advocate
the creation of OIL estate of absolute ownership
in mining ground. This, our State Legisla-
ture could not DO if they would, and should
not if they could. But we ore in favor Of the
passage Of soTe law which will render this class
of property subject to effcctual incumbrencc
as Quartz claims now are. The power Of the
Legislature to pass such law cannot be ques-
toned, nor can its beneficial effects be doubted
1t would establish credit anticipating the
undug gold, faith in the mines that would
remove mountains, aud ensure the sinews oi
labor provisions and tools to the miner. The
little Inconvenience which would attend the
recording Of mortgages would be amply com
pcnsated by the additional security. the dim'n-
ished danger of litigation, and the increased
credit that would attach to securities Of Q
pertinent nature.
This subject calls for some action by the
present Leg islature. We hope that amid the
claims of Senatorial aspirants, and the multi
.,Jo Of anDronriation hills the interests Of TIE