Amador weekly ledger., 1858-01-09
TAKING MINING CLAIMS.
NO. III.

sane man will dispute but it is often a sc
rious question whether this equality does ol
: does not exist. That portion Of the pres:
which at this time so earnestly asks, and il
some instances so imperously demands, tax
upon mining claims, assume that there il
an inequality because there is no direct tax
of the kind (; and upon this supposed viola
ton Of principle that is founded upon ac
knowedged justice, they base all their argu-
ment and hope to induce the present Legsla-
ture to do away with our present system OF
Free Mines" and compel American citi-
zens to pay for the privilege of digging in
the earth for the gold which is there deposit
ed. Their premises are false, and therefore
their arguments fall to the ground.
We oppose taxing mining claims for the
very reason that we believe in the doctrine
of equality of taxation, and because we de-
sire that it should be practiced as well as
preached. The actual issue should be dis
cussed--not merely the theory of taxation,
without reference to the circumstances which
exist in California. The subject is one which
should receive the calm and unbiased atten-
tion of the people, the press, and the Legis-
lature; and it is therefore highly desirable
that it should be traced to the foundation,
and made plain to ALL We do not believe
that the people Of the valleys and of the
cities desire to rob the miners, (although
things occur sometimes that look little that
way), and we know that the miners have no
disposition to avoid the payment of their just
proportion for the support of the Govern
ment
To commence at the bottom, then, the
mineral lands belong to the General Govern
ment hence we draw the conclusion that the
State has no right to impose tax upon them,
although she may and does upon improve
ments. But, say the advocates of tax
upon claims, the State may tax the gold which
is in the ground without interfering with the
propretorship of the soil existing in the Gen
eral Government. This we deny, and for
various reasons: First, The Supreme Court
OF the United States have never decided that
the gold in the soil belongs to the State, and
the policy of the General Government, in
refusing to survey and sell the mineral lands,
thereby cherishing the freedom of the mines,
indicates, to say the least, that no such decis-
ion is expected from the United States Su-
preme Court. I'd. The taxing power has no
right to levy an assessment upon that which
exists only in prospectiye-that which no man
can tell has an existence--or in other words,
something must be found to tax before tax
can be levied the miner never knows wheth-
er his claim is worth dollar until he has
spent his time his labor, and his money upon
it, There are other reasons, but these are
sufficient
Not satisfied with these things-not salts
fed to allow the miner the rights which the
General Government and the very nature of
things have provided for his protection-the
advocates of the tax propose extraordinary
means to bring the toiling people of the
mountains within their grasp and power.
They would petition the Government to cede
the mineral lands to the State and for what?
For the very purpose of multiplying and re-
yersing the policy which the General Govern
ment has wisely pursued in relation to them.
Congress, and the administrations that have
been in power since the discovery of gold in
California, have uniformly held that the min
eral lands are the common birth-right of the
people, and that every citizen ought to have
and should have the right to work them at
will. "Free Mines for Free People," has
been the doctrine not only of the General
Government but of the Government Of our
own State; and the latter has distinctly con-
fessed and practically illustrated it, by allow
ing the miners TO make their own local laws;
by avoiding as far as possible all legislation
upon questions connected with the mining in
terests. Moreover, not only the Govern
ments, National and State, but all sorts OF
people have agreed that the greatest evil
which could possibly occur would bc moaop-
oly Of the mineral lands hence, the General
Government refused to survey and sell, and
the State Government left it to the miners
themselves to determine in their respective
localities, the extent and duration of their