right of coinage in the earlier periods of European society was not always exclusively exercised by the Crown; that the same reason might apply to other metals as copper and tin-and that in those rude times the prerogative was perhaps as likely to have its origin in the circumstance of those rare and beautiful metals having always been among the most cherished objects of ambition, and which were, therefore, appropriated to the use of the Crown, like the diamonds of India, in order to sustain the splendor and dignity of its rank. Whatever reason may be assigned for this right of the Crown, and of what ever value the right may be, it has been long decided not only that all the mines of gold and silver within the realm, though in the lands of subjects, belong exclusively to the Crown by prerogative, but that this right is also accompanied with full liberty to dig and carry away the ores, and with all other such incidents thereto as are necessary to be usual for getting them.

This right of entry is disputed by Lord Hardwicke, in a case where there was a grant from the Crown of lands with a reservation of all royal mines, but not of a right of entry. The lord chancellor said he was of opinion that there was by the terms of the grant no such power in the Crown, and that by the royal prerogative of mines the Crown had given no such power, for it would be very prejudicial if the Crown could enter into a subject's lands, or grant a license to work the mines; but that when they were once opened it could restrain the owner of the soil from working them, and could either work them itself or grant a license for others to work them.

The

In the days of Queen Elizabeth the rights of miners were discussed in a legal controversy, in which some of the ablest men in England participated. Two men, named Howseter and Thurland, went, without permission, upon the lands of the Earl of Northumberland, and commenced digging for copper ore. earl warned them off. They made complaint to the Queen's attorney general, stating that the ores contained some silver or gold, and he prosecuted the earl for resisting the efforts of these miners in extracting the precious metals from the earth, for the reason that all the gold and silver in the earth within the realm belonged to the Queen and not to the owner of the land. All the justices of England heard the argument and took part in the discussion.

The question principally debated was, whether by the prerogative of the Crown all ores containing silver or gold belonged to the Crown as a part of regalia.

The judges decided that all gold or silver ores belonged to the Crown, whether in private or public lands; that any ores containing neither gold nor silver belonged to the proprietor of the soil; that the King could grant away mines of gold or silver, but not without express words in his patent demonstrating his intention to sever the mines from his royal patrimony.

*

*

Some of the reasons upon which the arguments were based were expressed in felicitous though quaint language, and are worthy of being reproduced: 1. " And the reason is that metals are applicable to the use of the public, &c.; * besides which, their products rank, not among those of an ordinary description, but among the most precious the earth af fords, and, therefore, instead of being appropriated to individuals, are proper to be set apart for the sovereign himself, whose coffers, being thus enriched, &c. Among the chief of the valuable products are the metallic ores of the first class, as those of gold, silver, and other metals proper for forming money, which it is essential for the sovereign to be provided with in order to support their warlike armaments by sea and land, to provide for the public necessities, and to maintain the good government of their dominions," &c., &c. -(And. Plowdin, 315.)

2. "As to the first of these three points Onslow alleged three reasons why the King shall have the mines and ores of gold or silver within the realm in whatever land they are found. The first was in respect to the excellency of the

thing; and the common law, which son, appropriates everything to the person whom it best s trivial things to the common people, things of more worth to and superior class, and things most excellent to those per others; and because gold and silver are the most excelle soil contains, the law has appropriated them (as in reason it son who is most excellent, and that is the King."

3. "For the same reason, he says, it has given him "wha which are in the sea in England-that is, "in the arms of the the land, so that the excellency of the King's person draws excellent nature. The second reason was in respect of t thing; for the King is the head of the public weal, and t members, and the office of the King, to which the law has & preserve his subjects; and their preservation consists in tw army to defend them against hostilities, and in good laws. A be had and maintained without treasure, for which reason so books, call treasure the sinews of war.

fore, as God has created mines within this realm as a natura ure for the defence of the realm, it is reasonable that he wl ment and care of the people, whom he cannot defend with have the treasure wherewith to defend them. The third re of its convenience to the subjects in the way of mutual con but one has need of the things which another has, and they together without coin. It belongs to the King only to fix th to ascertain the price of the quantity, and to put the print (a subject) makes coin, it was high treason by the common 1

Act of Congress for the occupation and sale of the mineral I States.

In the annual report of the Secretary of the Treasury for substitution of an absolute title in fee for the indefinite p claims under which the mines were held by private parties ommended.

The following extracts from the Secretary's report embod erations by which Congress was governed in the passage a August, 1866:

The attention of Congress is again called to the impor definite action upon the subject of our mineral lands, in wh volved questions not only of revenue, but social questions of character.

"Copartnership relations between the government and mir proposed, and a system of leasehold, (if it were within authority of Congress to adopt it, and if it were consistent and genius of our people,) after the lessons which have I practical results in the lead and copper districts, cannot of mended.

"After giving the subject as much examination as the co official duties would permit, the Secretary has come to the c best policy to be pursued with regard to these lands is the substitute an absolute title in fee for the indefinite possessor now asserted by miners.

"The right to obtain a 'fee simple in the soil' would inv districts men of character and enterprise; by creating homes be found where title to property cannot be secured,) it would

to the settlements, and, by the stimulus which ownership always produces, it would result in a thorough and regular development of the mines.

"A bill for the subdivision and sale of the gold and silver lands of the United States was under consideration by the last Congress, to which attention is respectfully called. If the enactment of this bill should not be deemed expedient, and no satisfactory substitute can be reported for the sale of these lands to the highest bidder, on account of the possessory claims of miners, it will then be important that the policy of extending the principle of pre-emption to the mineral districts be considered. It is not material, perhaps, how the end shall be attained, but there can be no question that it is of the highest importance, in a financial and social point of view, that ownership of these lands, in limited quantities to each purchaser, should be within the reach of the people of the United States who may desire to explore and develop them.

"In this connection it may be advisable for Congress to consider whether the prosperity of the treasure-producing districts would not be increased, and the convenience of miners greatly promoted, by the establishment of an assay office in every mining district from which an annual production of gold and silver amounting to ten millions of dollars is actually obtained."

Mr. CONNES, chairman of the Committee on Mines and Mining of the Senate, made the following report, May 28, 1866 :

The Committee on Mines and Mining, to whom was referred Senate bill No, 257, “An act to regulate the occupation of mineral lands, and to extend the right of pre-emption thereto," have had the same under consideration, and beg leave to report a substitute, and to recommend its passage.

By this bill it is only proposed to dispose of the vein mines, and to provide for the segregation of the agricultural lands lying within the mineral regions. The proposition contained in it is to transfer the title of the United States to the possessors at a reasonable rate, and as a part of that rate to secure the payment of a percentage of the net proceeds of the vein mines into the treasury, until the present burdensome public debt shall be paid; this percentage to be in lieu of all tax imposed upon bullion at the mints and assay offices under existing laws.

It is not proposed to interfere with, or impose any tax upon, the miners engaged in working placer mines, as those mines are readily exhausted, and not generally remunerative to those engaged in working them.

Your committee, in arriving at the conclusions they have, and recommending the passage of an act to provide for investing the miners of the country with the fee-simple to their vein mines, have not been unmindful of what the country owes to the enterprising men who have gone into the forests and recesses of the western States and Territories, and who have developed to the commerce of the world the heretofore hidden treasures therein; they who, by patient and often ill-requited toil, without aid from the government in any manner whatever, have shown the ample foundation of the national credit in the mineral resources of the public domain. That policy by which the greatest amount of the precious metals shall be produced, and the greatest individual and aggregate wealth amassed by our own people, must be the wisest and best.

There has been constant fear felt by those who are engaged in promoting these results that some disturbance and interference with vested rights of property would occur. Measures for the sale of the mines and for the taxation of those engaged in working them have, from time to time, been proposed, creating the deepest apprehensions and most seriously affecting mining property. It is a first duty that all such doubts and fears shall be set at rest by the pro

mulgation of a policy which shall give full and complete p ing possessory rights upon liberal conditions, and with full guarantees, and to provide the most generous conditions lo explorations and developments.

There are widely differing opinions as to the course prop tween the population of the mining regions and the people representatives in Congress too often, without exact knowl propose heavy burdens upon the mining industry. The ma the mines feel that the mines should be left free and open reach of the hardy explorer and adventurer without tax or in feeling the many disappointments and failures to which the efforts to acquire wealth from this source, they believe that the United States, which they love, should rather offer rew treasury for the discovery of mines, than that such discove signal for measures of taxation.

They also fear all systems of sale, lest any which should result in a monopoly of the mines and their concentrat They are jealous of all systems for the disposition of the shall allow the lands to be bought by the fortunate possess in extensive bodies, to the exclusion of the men whose only their labor. They, nevertheless, will readily acquiesce in confirm existing rights at reasonable rates, and which shall evils to which your committee have referred.

The amount proposed is five dollars per acre for the vei land adjoining necessary for working them, and the paymer of the net product of all such mines into the treasury of which shall be in lieu of the present impost.

It will be remembered that the present tax was adopted i five per cent. tax on the gross proceeds of the mines propo Representatives in 1864. Any tax on the gross product purely a tax upon effort, and must result, as the recent tax did, in the ruin of those engaged in the business, and a s duction.

Another feature of the bill recommended is, that it adopt lations of miners in the mining districts where the same are the laws of the United States. This renders secure all exis erty, and will prove at once a just and popular feature of the "rules and regulations" are well understood, and form the admirable system in the mining regions: arising out of nec the means adopted by the people themselves for establishing all.

In the absence of legislation and statute law, the local co California, recognize those "rules and regulations," the cer was priority of possession, and have given to the country equitable as to be commanding in its natural justice, and to versal approbation. The California reports will compare fa spect, with the history of jurisprudence in any part of the miners' "rules and regulations" are not only well understo construed and adjudicated for now nearly a quarter of a cen

It will be readily seen how essential it is that this great by the people in their primary capacities, and evidencing by testimony the peculiar genius of the American people for fo order, shall be preserved and affirmed. Popular sovereignty in one of its grandest aspects, and simply invites us not to upon it the stamp of national power and unquestioned autho This should be don: generously, for the nation's sake.

who have established a high civilization on the far-off Pacific, whose hearts, in the nation's trials, beat so truc, and who are now fast closing in upon the civilization of your own west, should he made to feel, not that you are masters, but brethren and friends.

By their loyalty they gave you peace where your power was scarcely felt; by their industry they gave the solid base of silver and gold to the national issues and the national credit, and it is left to history to balance and to tell how, without that peace their patriotism so well preserved, and that silver and gold which their industry gave the nation, the national cause could have been equally benefited. From their earnings, too, came those contributions which will forever form so beautiful a chaplet around their own brows. They set the highest example of a Christian people, patriotic and peaceful, sturdy and loyal to freedom, industrious and charitable. It is for such a people that we legislate. The necessity for the segregation of the agricultural part of the public domain from that which is purely mineral is of the first character. It will be remembered that mining alone cannot supply a single human want, and no community would eventually be so poor as a mining community purely: But the miner is nearly always the pioneer of society where mines exist-shortly, however, to be followed by the agriculturist and the artisan. Mutual production and exchange result, and society is established. Nothing renders society so stable as giving to the people the title to the land upon which they live. They learn to love it, and are the first to find out its greatest value, and consequently to employ it for the highest uses. Homes of a permanent character are thus established, and the school-house and church follow to light the path and to cheer the way through life. To these ends the earliest ownership should be given to him who, by patient and virtuous toil, proposes to become a cornerstone to community. Every wise consideration demands that the segregation of the agricultural lands from those purely mining should be made, and this bill makes such provision.

Your committee are aware that they tread new ground, but they bring many years of experience to the task, and the light has been used to reach the end which will promote the greatest happiness of the citizen and the glory of the republic.*

The following is a copy of the act of Congress approved August, 1866, to legalize the occupation of the mineral lands, and for other purposes:

SECTION 1. That the mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation by all citizens of the United States, and those who have declared their intention to become citizens, subject to such regulations as may be prescribed by law, and subject also to local custom or rules of miners in the several mining districts, so far as the same may not be in conflict with the laws of the United States.

SEC. 2. And be it further enacted, That whenever any person or association of persons claim a vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, or copper, having previously occupied and improved the same according to the local custom or rules of miners in the district where the same is situated, and having expended in actual labor and improvements thereon an amount not less than one thousand dollars, and in regard to whose possession there is no controversy or opposing claim, it shall and may be lawful for said claimant or association of claimants to file in the local land office a diagram of the same, so extended laterally or otherwise as to conform to the local laws, customs, and rules of miners, and to enter such tract and receive a patent therefor, granting such mine, together with the right to follow such vein or

* See Congressional Globe for debates on this bill.