The Placer herald., 1858-10-23
For the Placer Herald.
Sale of the Mineral Lands.

Mr.. Editor:-Although 1t is not, perhaps,
the province of newspaper editors to deal in
legal lore, or to give opinions on questions
Of law, there is iust now an interest of vital
Importance agitating the farmers along the
foot hills of Placer county, which calls for
information from some quarter; and as one
Of those interested having confidence in your
canacity to inform us upon the subject, l
hone YOU will excuse me for giving you the
trouble, not to dive into the depths CT Coke
or Blackstone, but only as to what we far
mers had best do, to protect our homesteads
from land-sharks, who are threatening to
make descent apon us.
Several years ago, the U. S. Surveyors came
into Placer county to survey the public lands
and whether by instruction of the Land Or
fee at Washington, or tie Surveyor General
of this State, or not, they surveyed not only
the agricultural lands, but they extended
their labors high up into the mineral districts
of this county-even as high up as twenty
miles from what is known as the farming
districts-aul what was known to the Sur
yevors at the time as mineral lands. being in
sight of the miners claims almost every hour
of the day during their labors. These lands
in the mines were reported at headquarters
perhaps as partly mineral and partly agricul-
tural-and we row find them all, without
distinction, advertised to be sold next Febru-
ary at the land office in Marysville as other
pnblic lands. 1t is doubtless matter of
news to many that the Federal Government
intends to sell the gold mines of California
in tracts of from 100 acres upwards. Is it
not so. Mr.. Editor? But it is even so. My
authority is from the officers OF the Land
Office at Marysvle, and the way | have
come by this truly startling intelligence was
by several of our foot hill farmers-Messrs.
Greenwood, Courtright, Threlkill, &c.-go-
ing to Marysville and being informed by the
aforesaid officers that all these mineral lands
along the foothills Of Placer would certain
ly be sold if any one would buy them; and
advised them to tell all their neighbors that
they had best come and enter and pay for
their lands, or they would certainly be sold.
How is this matter going to affect the far
mer and miner? 1t is fact well known that
large tracts of these lands have been mined
for years, and will continue to be for many
years to come, and were just such lands as
were contemplated by Congress in 1858, ex
empted the mines Of California from being
pre-empted, surveyed and sold as other pub
lie lands. The law Of Congress to which |
refer, is can Act to provide for the survey of
the public lands in California, the granting
of pre-emp'ion rights therein, and for other
purposes, approved March, 1853" That law
distinctly SAYS, 'no person shall have the
benefits Of this Act 10y settlement or loca
ton on mineral lands" | have yet to hear
that this law has been repealed. The only
law under which our farmers in the mines
have settled upon the public lands, has been
under our "Possessary Act" of this State
and it has been the only law, except that
''protecting growing crops in the minera
districts" that has given them any protec-
ton in their property whatever. But not
outstanding the law Of Congress of '53,
exempting the mines from sale, our land
officers at MarysviIle tell our farmers, set
tiers, squatters, inhabitants leave, or what
ever we may be called, that we mnst 'she'I
ont" and get out patents, for whoR Why
for the mineral lands Of California. For
one, | would be as willing to pay the govern
ment price for my lGO acres as any one, il
] was satisfied that | would have that pro-
lection which the government contemplates
when making fee simple title to the pur
chaser-a wdrrontee to defend against the
rights of any and all persons Whatsoever
Such a title necessarily precludes the miner
from working these lands to obtain gold-1
believe the government does not give any
only fee simple ti,les-and hence, if such
guarantee is given, the government must
necessarily undertake to exclude the miner
and confine all and every franchise that may
pertain to these lands to the party getting
his title thereto and paying his money there
for.
1t seems to me that there is some m,sunder-
standing somewhere about the matter. The
Land Office at Washington is too far off to
suspicion it. Did Col. Jack Hays perform
his duty faithfully to the Government and
the settlers, when he allowed his Sub-Survey-
or, (Capt. Thompson think it was) to go
many miles into the mining districts with
his corps Of surveyors, laying off sections
upon sections of mining lands, with here and
there little farming spot for some settler
and then report the whole at headquarters
as agricultural lands thereby causing the
government to offer them for sale and bind
ing itself to drive out the miner, involving
not only itself but the miner and farmer in
difficulty in lawng for what they would con
slider their respective rights under existing
laws! Are the land officers at Marysvi
doing their duty to the Government and our
citizens, when they continue to advertise
these lands for sale, knowing them to be
mineral, and not advising the Government
at Washington of the real facts as applica
ble under laws thew know to be in force. and