The weekly Columbian., 1857-02-14
" EEKLY COLU MBIIN.

A VERY IMPORTANT BILL.-Mr. Dosh
has introduced very important bill in
the Senate, says an exchange, the object
OF which Is to renew and patent usage
established by the Mexican government
in relation to mines and miners. 1t is
we'll known that large quantity of mine
raj lands ale embraced in Spanish grants !;
but in the conveyance of lands, under
the Spanish and Mexican laws, the gov
ernment always held a reserved right to
all minerals that might be discovered
The point is very clearly set forth IN the
Ist section of the bill, which reads as fol-
lows:
SECTION /. That whereas by the laws OF
Spain, made for the government OF what were
called the Indies in which all Mexico and what
ia now the State of California were included.
and also by the established laws OF Mexico.
adopted after her separation from the mother
counrry. aud which prevailed III California, 1t
was the fixed rule of law. that no mineral lands
were intended to be. or ever We're, conveyed to
the grant or concession of land made by the
Grown of Spain or the constituted authorities OF
Mexico or California, aud that all minerals so
situated were reserved by that rule of law, and
the uniform and established policy of Spain and
Mexico, and made subject to the use, benefit
and absolute control of the Crown of Spain, or
the sumpreme government of Mexico, and that
by the act of granting lands to individuals, the
mineral lands within the metes and bounds
i 4
separated from the sovereignty but in all re-
spects remained exclusively under the control
of the existing government; and inasmuch as
no decisions of any American Commission or
Court could add anything to the rights of indi-
vidual grantees beyond what they were entitled
to by the laws of the governments at the time
under which the grants were made and as this
principle mas been recognized by the Supreme
Court of the United States; and the rights
and sovereignty of Mexico to the eminent do
main of the Territory of California was trans
ferred with undiminished power and in the full
ness Of its privileges unimpared by the treaty
of Guadalupe Hidalgo TO the United States
and as the Territory of California was afterwards
changed from that form of political existence
ny the Joint act of the people thereof and of the
constituted authorities of the United States and
Ly the latter the State of California was recog
nzed and acknowled ged as a separate aud indie
cording to the Constitution of the United States.
by reason of that Independent sovereignty, the
right of eminent domain in all the territory
within its borders; Therefore, it is hereby pro-
vided, by this act. that all lands within the
State of California held by private persons, or
by companies, or By ecclesiastical or lay corpo-
rate bodies. under grants from the Crown of
Spain, or the Supreme Government of Mexico,
or any Government Of California made prior to
the treaty of Guadalupe Hidalgo. shall be open
aud subject to be examined aud prospected for
the discovery of gold silver quicksilver. tin Of
copper. by any citizen OK citizrns Of the United
States except ia such places as are enclosed by
the owner of the grant or his tenant for cultiva-
ton. or such spriass or places OF water as are
used by said owner or tenant for domestic pur-
poses aud sueh spots OF ground a. are occupied
by dwelling houses, or rather buildings, and en-
closed for domestic Or farming uses and when
discoveries ofany of said minerals made
within the limits of said grants, they may be ta-
ken and held mines, and be subject to be
worked without the consent of the owner hold
ing possession under and by virtue CT said grant
within which they are situated, as hereinafter
prescribed