Mountain Democrat., 1857-12-26

HrSt seem 10 DC complicated one few
extracts from the speech of the Hon. j.
W. Denver of California, delivered in the
House Representatives on the Both July,
1856, may suffice to throw some light as to
the title to minerals on the public lands /:
"Thc treaty Of peace between the
Crown of Spain and the Mexican Repub-
lie was signed on the 2Sth day of Nov,
1896. The first article recognised the in
dependence and sovereignty of Mexico
The seventh article recognised the domin-
ion of the Crown ofSpan to have endured
until the year 1921. There are no de-
crccS Of the Supreme Government of Mex
co from the year 1871 to 1854, which
affect or change, in any way, the prc-ex-
listing rights of the sovereign to absolute
title to and control of all mines and min
erals. They passed to the Supreme Gov
crnmcnt Of Mexico, and remained unal-
tered, as perfect and unimpaircd as they
existed in the Spanish Crown prior to the
treaty of 1886. They were rights capa-
bic Of being transferred and passed to the
United States by the treaty of 1913,
Guadalupe IiidaIgo)
"Thc regulations of the Crown Of Spain
embraced all minerals, of whatever char
actcr. They also constituted the mining
laws Of the Supreme Government of Mex
iee.-Et was not necessary l4y the laws of
the Crown of Spain and the Supreme Gov
crnrncnt of Mexico, in order to protect
those particular rights Of the sovereign
| power, to make any reserve Of the miner
ais which might exist within grant made
to an individual. Those grants were al
ways made for towns, agricultural ard
grazing or mining purposes. This was
the known and established policy of the
country. The lan0s of Mexico were al
ways treated by the sovereign power with
view to a twO-iold relation and interest.
| The one was agricultural and grazing, the
other mining. The latter was peculiarly
considered rs to revenue, and no icc-Silh-
| pie to it was ever made to an individual.
| The subject or citizen who obtained the
land too that, and that only, subject to all
these rights-thc limitations and c0nd-
| tons of the mining regulations. All the
lands which might prove to contain min
erals were liable to be denounced and ta-
ken up by stranger, if he were first to
discover them. The same general princi-
pie applied to mines which had once been
worked and abandoned. The grantee or
owner Of the lands where minerals were
found was entitled to All appraised value,
to be fixed to them as agricultural or gra-
zing lands, and no more aud no less The
great object was to encourage mining
The policy was developed in the reign of
Philip ii, when the power and mining re-
sources of Spain were at their height
That policy has never been changed; and
no minerals have ever been passed in fec
simple to individuals by grants of land,
unless by express declarations to that cf-
feet, none Of which are found in grants for
lands in California. They there remained
in the sovereign. They passed in the ccs-
sion Of the Territory Of California to the
Supreme Government 0fthc United States,
and can vest in no individual to whom
grants were made by the Crown of Spain
or by the Supreme Government Of Mexico,
without being first divtStcd out of the
United States in the specific form of re-
lease made and intended to operate as n
title conferred for minerals.
"Thc grantees, then, in California, took
no title to minerals, and hold none, except
such rs was held by them in common
with every other citizen. The coniirma-
ton by the Commissioners and Courts of
tho United States conferred no new title
They could add nothing. Their Judgment
was as to the regularity and legality O:
the grants solely, and would go to the cx-
tent, simply, and no further, Of the laws
Of the Cr0wn Of pain and OF the Supreme
Government of Mexico. There is moth
ing in the act Of Congress by which that
commission was created which either docs
or was intended to change the laws of
Mexico on this subject. The rule is, that
they shall take by the laws of the Crown
Of Spain, or Of the Supreme Government
of Mexico, and by their authority they
hold, and l'y none other. They receive
from them great benefit If they do not,
under the treaty, form the sole authority
under Which they hold, then the United
States would have a right to reduce these
immense principalitics Of land which have
been granted to them down to Size
suited to our institutions and our policy.
But if they are protected by the laws ol
the Crown of Spain and Of the Supreme
Government Of Mexico against that, then
so are they likewise limited and ro strained
from taking more than those laws allowed
them.
"Such has been, as think, the sound
and just policy of the Crown ofSpain and
Of the Supreme Government of Mexico,
considering that it was the only limitation
and restraint placed upon those vast grants
to individuals, which, by single stroke Of
the pen transferred men from poverty to
immense wealth, and created distinctions
and benefits between them and their fellow
countrymen which are established usually
only by monarchics.
Under the policy of those laws any
citizen had right to make discoveries oi
minerals on private lands, to dcnouncc
them, and to work them. If the mines
were ever abandoned or forfeited by him,
they did not, even then, revert TO the
owner Of the lands within which they
were found lie had no more interest in
them than stranger. They reverted to
the possession of the Supreme Govern
ment, aud might pass to him who would
first denOuncc them afterwards. So, also,
where mines were abandoned and not
worked during certain length of time in
each year, they were liable to he dcnOnn-
ced and taken by others; and in cases in
which mines were denounced and, wheth-
cr by discovery or 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 Gov
vcrnment Of Mexico as the peculiar patri-