The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-02-05


the mountains, the principal working OF
the mines having been on the head waters
OF the South Platte. 1t has been found.
also, as | have been informed, on the North
Platte, aud on the Arkansas above Bent's
Fort. There can be but little doubt, how
ever, from the geological structure of the
country, that the western slope of the
mountains will be found richer than the
eastern, and such will be found to be the
character of the mineral deposits South
ward for some distance into New Mexico.
to where the silver and copper mines take
the place. of the gold. In this connection
it may be well to direct your attention to
the importance of providing rules and re-
gulations for the Government of the mines
At this time there is scarcely any nation
on the globe with mines of precious
metals so extensive and rich as ours, and
yet, strange to say, Congress has passed no
laws in relation to them, nor has it YET
been decided whether Congress has the
right to sell or otherwise dispose of the
mines. The laws Of Spain and Mexico
recognize the mines of precious metals as
part of the eminent domain which be.
longs to the sovereignty, and cannot be
alienated. The common law of England
agrees with this rule in every particular.
In the celebrated case of PoLLARD's lessee
VS.. HAGAN ct al. ; 8 Howard, Supreme
Court Reports, the Court decided that
Congress could not interfere with the
eminent domain even in a Territory, but
could hold in trust, and in trust only for
the future State. If this be so with regard
to the Territories, the argument would
seem to apply with much greater force to
the States of the Union. This sovereignty
of the State governments within their re-
spective States is undoubted, and the right
OF eminent domain can belong only to the
sovereign power. In several of the States
and all of the Territories, the Federal Gov
eminent is great land owner-her lands
are exempt from taxation by agreement
with the State, but in nothing else does
she occupy different position with re-
gard to the rights of ownership, or with
regard to the rights of eminent domain,
from that of any other land proprietor.
She may exercise acts of ownership over
her property, but cannot interfere with
the eminent domain-with the sover-
eighty.
Thus far Congress has in no instance
nor have many of the States asserted their
right to the mines Of precious metals found
within their borders, though some of them
have done so; as, for instance, New York
and Pennsylvania. The settlement of
these questions is of the greatest impor-
lance to the mining interests of the couu-
try, and no correct settlement is likely to
be had unless they are thoroughly under
stood.
However this question may be decided
with regard to the States, there can be no
doubt but Congress may, even as trustee
of the future States, adopt such rules and
regulations for the management Of the
mines in the Territories. as may be deemed
necessary; and the sooner this is done the
better. One thing, and only one, seems
to have been determined on, and that is,
that the mines shall be left free for all to
work without paying rental to the gov
eminent This was certainly wise and
liberal policy, and one that SHOULD not be
departed from. The laws of Spain, which
vera adopted entire by Mexico, constitute
the most complete mining code in the
world, but they provide that portion of
the proceeds of the mine shall be paid
over to the government. After changing
them in that particular, they might then
be adopted with advantage for the gov
eminent of our own mines. They are
equitable and just, and while they fully
protect the mining interests, none of the
other great interests of the country are
neglected. The lands may be sold, but
the minerals are reserved by operation of
law, as a part of the eminent domain.
Any one may enter the land of another
and work mine, but before doing so he
must pay the owner the agricultural or
grazing value for so much of the land as
may be necessary for carrying on the
business. Thus it will be seen that the
rights of all are protected.
OF the Indians found within the pro-
posed Territory, l believe none of them
have settled or permanent habitations,
but are purely nomadic in their habits.
Their numbers are not known with any
degree of certainty, but they consist OF
numerous tribes, known as the Camanches,
Kioways, Arsppahoes, Cheyennes, Crows
Sioux, Shawnees, or Snakes, and Utahs.-
My opinion is that a proper course fol
the Government to take towards these
Indians would be to assign them small
reservation, furnish them with an in
structor and the means of cultivating the
soil, and then require them to support
themselves. If they have settlements
give them the lands they occupy, but in
no case give them money annuities oil
other presents, except such as may be nec-
essary to carry on their farming or agri.
cultural operations. Every one must adj
NIT that the system heretofore pursued
towards the Indians has proved to be q
most lamentable failure. Taking them a:
a mass, they are not as well off to-day Al
they were half century ago, notwith.
standing more than fifty millions of dol
lars have been expended by the Govern.
ment in efforts to ciyilize, to say nothing
about the expenditures and exertions o.
other parties. Instead of civiliZing, il
has converted the larger portion of then
into paupers, who rely on the small sun
of money paid to each once or twice 4
year for subsistence, and which generally
draws around them some ofthe very wors
of the whites. Naturally disinclined tC
labor, they rely on the Government fol
support, and thus we have gone on yea
after year building up a vast paupel
establishment, without comforting any cor.
responding benefit.
Our presents attract the cupidity of the
whites, and the Indian, having gotten rid
of his share, sits down lstfully and exc:
out miserable existence until the mex
payment is made, when the same thing il
done over again. Thus there seems to b
no likelihood of termination of thil
pauper system, but with the extinction o
the whole race. Some change is necessary
in order to stay their downward course
and in my opinion, the first step to b
kakan 70 IN eeoch them In labor This car