New-York daily tribune., 1858-04-16

opinion. They hold that the ownership Of minc, of
precious metals was not an attribute Of soyer,;,rs
al der the English law, but 4 persond prerugstys
Of the monarch; that the State Of California kas NJ
rjeh 10 the mines by virtue OF her sovereignty Dor
by sny other title; aud that the United Sttes. by
conqest ard treaty. own the public land OF Cahfos.
mia hrd all that il init. They say further that u.
boIder Of United States lard patent giveR ~ eo,.
frmntion Of a neyiean grant has no greater ris.t,
than he Lad or would have had under the Mesi.sn
laws. and thst as Mexico never granted away d
private persons or az least did not grant to Alys
rsdc-,he rnal grantee Of the Fremont ranck-.
tie title 10 mines of gold and silver. so Fremont !.
not lie owner of the gold within the limits Of N.
claim. And the Court quote the language of "A.
Supreme Court Of the United States ia decidinr
this very Fremont case, as follows:
,pI rtb. ihere be any inc. on ,A. i.sa ard de-.
ssy toe rsh'' Il he 'oysegny IN hez sO,s NJ
81 jurisdiction u The Coond's0nsr' "a he Cost
By n. A. 81 1884,
gold. ,rey add that with the Ownership must 20 TIA
tight to Dig the gold, and To occupy so much Ind as
is necessary in the digging; and that the right Of
digging may be- transferred by the Government Ia
individuals. They hold, further, that the defend.
ants. though they have no express license from the
Federal Government 10 dig the gold, yet have ia
implied cense-thc implication being plainly shovn
by the notorious circumstances Of the country snd
the course of Il esiaton; ard that having that i'm.
Piled leense, they are not liable 70 be eleeted b.
The owner If the land or his sssgnees.
Property worth millions Of dollars is involved ia
the decision, and no doubt the question will be car
ned I'D to the Supreme Court OF the United Ststes
There are about dozen ranches which contain val.
liable cold mines and their average size i. no. less
than 20. OCO aeres. Hitherto the mipers have been
driven of without difficulty by injunctons, but
hereafter the ranch owner Will have more priyi-
lege in mining for the gold upon bis land than any
stranger The principle extends TO mines Of quick.
silver as well 10 those of gold; and II IL said that
a party is being formed to commence work on the
great New -Amaden mine sinking their shafts 10 Tie
side of the hill opposite the shafts OF the present
possessOrs of the mine.
The matter deserves the attention OF CongreaS
and should be given 10 some able Committee, with
instructions 10 report whether some further Hglss-
ton be not necessary in regard to the o~nershp OF
the gold on land held under Mexican grants, and
whether measures shoud not be taken TO dlsPeee ei
the mines on public lands. -.
The Supreme Court say that the United S!ates
patent conveys no greater rights than did the Mel.
lean grant, but patents have been Issued in cases
where there was no grant, where the claimants had
nothing more than license 10 pasture cattle; and
nearly all the Mexican grants were numbered with
conditions which have fallen away under the Amer
lean title. The land systems OF the two countries
are different, and titles under them cannot be tho