Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1858-12-18
New AImaden Mine Question.

has been and ~ still being made to give political
turn TO this subject II requires no great foresight
or Sagacity to through all the fog, which inter
eSted parties seeking to throw around the Courts
Judgment How stands the matter; The New Al
MAIDEN mine is situated in Santa Clara county, some
nine miles from San Jose. II is the richest quick
silver mine in the world, or ut least il has that rep
utaIion II has been in the possession Of and worked
by company since ls49. The persons composing
this company nearly all Foreigners, some rcSid-
ing in England, China, Mexico, south America and
Spain. We have not the name Of single citi-
zen "f the United States, who ~ represented 10 be
one Of the present owners Now let il also be known
that this valuable quicksilver mine is situated in the
very hot-bed Spanish grants. There is not foot
Of land worth tilling, understand in all Santa
Clara county that is not covered with Mexican
Grant. In fact some Of the valuable land has grunts
almost foot deep all over il. aud il will take long
years. to ascertain who is the riKhtful owner The
history Of similar grants in louisiana and all States
which once formed part If Louisiana Territory, ms
acquired frOm France during JefFerAon's admins
tratnn, shows that it requires years TO finally settle
and determine the proper party to whom they be-
long. Every inth has been contested and what
with conflicting grants, dcsths, wills, &C. many Of
these grants still unsettled aflcr half century
Of litigation and bid fair To afford rs much food for
Attorneys and Courts as Dickens celebrated case of
Jaundycc "a. Jaundyce. It cannot be hoped that
California will bo freed from the same struggles and
contentious which have marked the history Of oil
the States. where these grants have existed.
| The CaStilliar blood is said to have been very
pure. but il moved SLOWLY. and certainly had one
marx Of aristocracy- sluggishncss. The old Span
iards aud their Governmental acts were dogmntical
and to them very simple. II has been reserved for
the Anglo Saxon to he fertile in resources, and
never ending in litigation. A people whose wants
few and whose contentmcnt is ms great us their
Incidence Is CONSTITUTIONAL rarely IL ever resort to
Courts or their machinery, as we now understand
them. But on the contrary, let people be enter.
prising, industrious and just and in proportion to
their commercial activity will BE- their tiguus dis
position.
These ideas illustrate the difference between the
Anglo Saxon and Spanish races between the Conn
mon Law and the Civil Law. Il was perfect holi-
day for any old Common Law Lawyer to delve into
these Spanish Mexican archives, and rub his
hands in glcc over the prospect If lifelong tga
ton. They have turned these over and twisted
them so that often dignitary Of Spnnlsi.McxicAn
county don't know his own offspring when pro-
duCed in our Courts
The New Almaden mine has, we think no less
than three claims upon il. We have heard doubts
expressed If the rights Of the present posscssors for
yenrS, and fthey supposed they could realize such
emo NOUS sums from the mine. as they have done,
without exciting the cupidity Of counter claimants.
they were guilty Of most wonderful simplicity
As we understand the present contest, the United
ia n mn R,.ln in tha
ent owners being Foreigners, the United States has
allowed her name to be used to disposScSs them
No one is so vcrdant to suppose that any other
than some Of the counter claimants will be the be-
neiicarcs Of any action which may finally b. had by
the Courts.
This use Of the name Of the United States as n
Rclaior is Us old the law. Nothing is XII COM
mon, and il is most singular that any one could be
found complaining Of it. In questions Of treaties,
franchises or rights Of sovereignty, the Government
OF the Nation State always loans its name in the
prosecution Of such questions. II these Foreigners
claim this land by old grant, II announcement or
by the protection contained in the terms Of the rea
~ Of Guadalupe IIidago. then it meet that the
United States should 80 determine, and If they urc
not entitled to it under the one or the other Of the
above claims, that its rich products should 60 to
our own citizens. This presents the whole question.
The United States Circuit Court has simply decided
that the title Of these Foreigners is doubtful enough
tn require that they should stop working the mine.
until final adjudication II the rightful owner. Can
anything be more just or proper: And yet this
simple uct has Afforded many venal sheets fit OPP
pOrtnnity Ia try and make political capital cut Of
such action by the Court. We cannot but believe
that the present owners are using Of the pro.
ducts of the mine in IL very foolish wav by hiring
scribblcrs to Witty the General Government Of the
United States and If possible bring politics into the
question Of their rights II would do them mo good
the contrary, great injury, the prejudiccs OF
Our people will be enlisted in favor Of our citizens
A. for making the public believe that the Gen
eral Government intends TO interfere with tho
miners, and that this suit is the entering wedge,
that is simply ridiculous. The policy of our Gov
eminent is too old to be now changed upon this
question. The Democratic party, National and
State. is ton broadly, too thoroughly committed TO
the policy Of allowing all our mines to he free, Ia
allow Of even nm idea for q minute If a change.
The Democratic party hns contcnded for this princi
pie aud bitterly assaulted Fimorcs policy of leasing
selling the mines That contest is still fresh in
the minds Of our people, and every one knows that
tne luen ol Teasing or selunR the mines, was no
sooner advanced than it was abandoned. II was
found to be not only mpracticable but the whole
welfare Of our people depended ON leaving them
open and free.
II has steadily adhered to this policy, and will
continue to do so. The Government has never been
and from its very nature cannot be, the proprietor
or worker Of any mines. however rich; and no
statesman much less party, is insane MS to sup.
pose, at this late date, that Government officers
can become Presidents or Governors Of mines mills
or bitches. All these properly the property Of
individuals, ind never will be anything else.
The men Of the mines understand this question
perfectly and we beg to assure the gentlemen edit
If the plains and cities, that their highly wrought
and purely diSncrested zeal for the interest Of the
Miners only provokeS mirth and fun Oftentimcs
dcriSon and contempt. We are not 40 verdant as
they suppose. and fully understand their object,
when they seek to lug the Almaden mine casc into
politics. II won't do.
coco
STEAMER NEws.-The steamer !SDori arrived in
San Francisco the 18th. with le days later intel
ligencc Tho news is unimrortant. REM. F. But