Nevada national., 1859-02-12
wA-nINaIos cl1r. Iannnrr 4. 1870.

WAulNeroS C1r. January :. 1859.
My pE,E SIR Yours by The Overland
Mail Of tle 2Gih Of November. come TO hand
this morning. have recei, ed several other
letters from sou on the same subieet-tbe
right % The minerals Il is astonishing to
me Tow th'Te crn Be any n,isconccp;ion as
u The Intentions cf She government about
the mines. Tie policy 81 the Ge.eral Gov.
ernmeni has always hcep. and still contiu.
u's 10 i'ase ih' nincs Tree for all 10 work
80 long a. there is M Interference with
'9" right 10 the Zee. II the case Of the
Sew Arl1ea mines the claimant. set IN
tit.. adverse 10 that of tLr Unilsd States.
aai hence the suit commenced hv judge
Black. un the part Of the Government TO re-.
cover aud 'c,ume Che rights these parties
"er" king 20 appropriate TO the,ng.lvos
without lhr color OF lax. The real object
vas amt is 20 protect the people in ,D, free
u~r ojhe miJes. and to give The Gland crab
hers. as .7u cell them. Co understand tha,
the Government viii not tolerate any such
ciaims a. t.. = SET up. So long as TIE Zee 10
mi0as Is admitted 10 be in the United States
there n.ii he no Interference With the miners
hut when n1 ad tile il set up. then il
becomes ne duty Cfthe officers to assert tho
ri ghts Of TIE Government and wrest the
mines lrom those who are claiming falsely,
and without authority of law. The Attorney
General has assured me that there has never
been any intention TO Interfere except in
such case
In I'll this matter however, have been
amazed mar 'hr State authorities have never
once asserted the States rights to these
mines, The mines OF precious metals are
part Of TIE eminent domain The emient
domain belongs alone TO the sovereign az.
lao7.iy. TAe State Government is the only
sovereign authority ia California. The Uni
ted States Government is a great nd ov. nrr
in The State. and may exercise the rights Of
of ownership owe. what are usually DE-.
nominated public lands" but that is no
more than cry other lauIaoi.ar might do.
She i not the sovereign power. ana has no
right to tie eminent domain. She cannot.
for instance. grant 'he right Of nay for
railrola or other public improvements thro'
lands lniouqin, 80 citizens Of ,h- Site. bat
maT give .cc .iga; Ct G 9ay to pa-. through
h"T o1- lands nor can ste dispose Of lands
cove.ad hy naviesblc waters. Such acts
pertain 90 the sovereignty. ara can be done
only ~ The sovereign authority. According
to tie Spanish, Mexican and English common
law the n.ura OF precious metals belong to
the sovereignty. aud are a part Of the emiu-
eut d9msin. So long Is our mines are left
free for ali t. work, they ought to be let
alone, hut the State orsht never to allow
any infringement on her sovereign rights
40 matter from what source il comes. am
very clearly of opinion that all the mines Of
precious metals. .ouud on lands which have
been granted to individuals Of the Spanish
or MoAican Governments. in the present
State o' California. belonging to the State
and am equally clear in the opinion that
the United States have no right 10 dispose
OF any OF the mines found Ia the pubic lands
They are part Of the eminent domain be
longing to the soveri Enry. and ths State has
the right 20 regulate the manner in which
they shall be worked. n She has done ly the
Act Of 1850 or 1871. The United States
may sell the land bat then the State NAV
step in by virtue Of her sovereign power
and establish rules aul regulations for
working the mines or she may DO it before,
as above stated.
The people ou1h; never to lose sight o.
hese various rights. uor confound the right
lf ownership in property with the right OF
eminent domaiu-the rights Of individual
eith the rights oc the sovereign power.
have written more than was inieried al
Pie outset. hut II you think Eny imlorma-
ion can bee derived from it. you can use this
eitcr as !oa ,hins proper. Yours. truly,
J W. DENVER.
Carr. C. WELSH. san Francisco.