San Andreas independent., 1857-11-21
Written for the San Andreas Independent.1
Mining Privileges. Reply to "E."
SouTH FORK. Nov. 10th. 1887

lMessrs Editors In your last mum.
Der was inserted an article signed "E., )"
purporting to be reply to "a Miners
criticism on previous communication of
his. He disclains the intention of wish
ing to enter into controversy on the
question. /, too, am averse to discussing
the subject, further than to endeayor,
with my humble abilities, to defend the
rights of the miners, which must be ad-
mitted to be paramount to all other inter-
ests in California; and any measure cal
culated to trench on the miners rights,
will meet with my opposition, however
puny it may be considered. ."E." states
there are certain principles of right with
which our wishesare not railways consistent,
which | will take the liberty of altering
by inserting assumed rights, with which
certain mems principles accord. For in
stance, the occupying of mining ground
| for agricultural purposes, and holding it
by virtue of the notoriously unjust and
impolitic "Ranch Law" which is most
certain to restrict the range of mining
operations, by prohibiting miners from
working considerable portion of aurif-
erous ground. Again, he prcsumes no
one would knowingly fence in ground for
farming purposes, that was rich in gold.
TO which would say they might unin-
tentionally fence in very rich mining
ground, as it is we'll known by most
ranchers and miners, that the alluvial
land and flats, suitable for farming pur-
poses, frequently embrace the most valu-
able mining ground. Hence the monop-
oily of mining ground by agriculturists,
complained of. And no man possessed
of intelligence enough to make a living
at farming, can plead ignorance of the
fact that the General Government never
intended the mines for farming purposes,
or gave this State any authority to give
grants to agriculturists, or made promises
to individuals to extend pre-emptions to
farmers OH mining lands, similar to the
provisions made for agricultural lands
But, on the contrary, have uniformly re-
served mineral lands for mining purposes,
until disposed Of by some special act of
Congress, which in the case of the gold
fields of California, has not yet been done.
Congress has tacitly given the people of
the United States the unrestricted right
and privilege Of working the mines; and
the State of California cannot dispose of
the lands i'll the mines further than to
enforce the rules and laws of the miners.
which | will denominate merely a super
visory power; and she has no more right
than any other State in the Union, to
parcel out the mining ground among ag-
riculturists Consequently the idea that,
by the principles OF common law, the
land belongs to the ranchman, is prepos-
terously absurd Where was the right
derived from?
The assertion that miners are disposed
to modest the agriculturist on lands which
are valueless for mining, would be laying
to their charge more ignorance and NAL
ice than | am willing to allow very many
of them arc possessed of. A few profit
gate miners that have come under the
notice of our acrimonious individual,
who, as he says, are governed by whisky
and evil propensities, decoying the un-
wary miner and Cinnamon to buy worth
less claims Of them, are, in my opinion,
the very ones who would be likely to take
advantage of the unjust Ranch Act"
it would afford them fair field to carry
out their favorite designs. And in that
case, they would be introduced into more
refined society, which might favorably
affect their morals.
| would call attention to the recent
convention of ditch owners from the diff
ferent portions of the State, who have
petitioned Congress to give them the
rights which they already enjoy from the
State Composed, as those delegates
were, of the most intelligent men in the
State, goes at once to disprove the doc
trine that our State could give valid
grants to mineral lands. Any tampering
with mining matters by our State Legis-
lature, by fostering interests inimical to
the free and undisturbcd working of our
placers is unjust, impolitic and dcstruct-
i've to the vital and paramount interests
of our rich, young and important State,
which at no distant day, if her resources
were properly nurtured and protected (of
which mining stands out in bold relief,
pre-eminently of the greatest Importance J
would be able to inscribe on her proud
cscutcheon excelsior" and unfurl to
the salubrious breeze which would watt
over our golden State the magnificent
banner emblazoned in letters of gold the
Queen Of the Union. Citizens of Cali
fornia, / would admonish you not to
forego your grand destiny, by crippling,
unnecessarily, the mining interests by
protecting small patches of valuable lands
in the mines, when our State abounds
in fertile valleys that can furnish an abun-
dant supply of provisions and vegetables,
whose flavor and fragrance would be fresh
and delicious enough for all practical pur-
poses to the miner; however, | wish it
distinctly understood that | do not wish
to detract one iota from the dignity of
the farmer or his important vocation, or
prevent him from cultivating lands worth
less for mining. Throughout "E. s. ar
ticle, there seems to be vein of super
obar ba ,,,o,.