The hydraulic press., 1859-12-03
LAW VS.. EQUITY.

New Almaden quicksilver mine, stopping all
to try title; and the decision of Judge Nc
Allister that the title to the minerals vests in
the U. States and can be at any time asserted,
excited about year ago, a very animated dis
cussion. 1t was then supposed by many, that
if the working of one class 'of mines, held
on sufferance, merely, of the General Gov
ernment, could be stopped, SO could the
working'on every other class as well; and it
was Thought that the New Almaden case
was but the initiation of a course of pro-
ceedings against all claimants Of mineral
lands, Of whatever kind, with view to re-
storing them to the possession of the or
| iginal proprietor. The discussion has lately
been partly revived by forcibly written
pamphlet from the pen of Geo. Gordon,
Esq, who entertains the same fears ex-
pressed above. lie thinks, and correctly
too, in our opinion, that the right to the
minerals-in the public lands at least-does
not belong abstractly and positively to gov
1
ernment, which only exercises a delegated
l'control over them; and that-if it did, the
occupants of the mineral land in California
have acquired rights, with the tacit permis-
sion of government, of which they could
not now be equitably deprived Mr.. Gordon
discusses the whole question upon the broad
grounds of equity, and upon the democratic
! assumption that the forbearance of Congress
and the action of the people under that for
bcarance have developed an unwritten law
which should be the equity of courts in ad-
Indicating such cases as that of the Amaden
mine. Any other course would certainly
prove most unjust and have disastrous ef-
fects upon the great industry of .he State.
N'hilewe agree with the general argument
of Mr.. Gordon-a fuller presentation of
which is prevented by our restricted space
we do not coincide with his conclusions.
1t is not probable that, after eleven years of
forbearance, during which period the entire
mineral region of California has remained
in the undisturbed possession of citizens and
strangers, and been worked by them under
an admirable system of local laws drawn up
by themselves-wc say it is not probable the
General Government will now seek to assert
the claim it has virtually abandoned, and
oust the miners from their diggings on the
plea that the law deems their operations an
''irroparable mischief to the pnblic domain.
We have always been convinced that the
suit of the United States against the New
Almadcn mine was brought at the instiga-
'ton of interested parties, and that the re-
suit of it would be equitable: but for this
we might share the fears of Mr.. Gordon. 1t
is desirable that the tenure by which mining
claims are held should be placed beyond
peradyenture, or the chances of judicial and
legislative caprice but we do not clearly
see how this can be effected. No doubt the
omission of national legislation has been the
result of a wise policy which will probably
be extended to the new mines of Utah and
Nebraska. Experience has proved that the
mines of precious metals caa safely be left
free for all to work, without exacting any
royalty or rental to the government; and
that such liberal course facilitates settle
ment and development, while it also pre-
vents injurious monopolies 1t has equally
proved, that practical miners, familiar with
all the wants and exlgencies of their pecu-
liar position and pursuit, can more compe-
tently regGlate their affairs than Congress
sonal wisdom or even that of the State
The system will stand, at least until the
mining communities desire change. Mean
while, of course, it is well to guard yigr-
lantly our rights, and see that the equity of
the General Government is not turned to
injustice by the schemes Of interested iadi-
yiduals.