mand the Viceroys, Presidents, Governors and Alcaldes (Mayors), that they bestow very particular attention in observing and having observed the orders which have been given or may be given in relation to the personal services of the Indians in those cases where by the law of this book it is permitted."

LECTURE III.

PUBLIC POLICY IN RELATION TO GOLD AND SILVER MINING IN THE UNITED STATES.

Until of recent years the public policy of this government was not different from that of most European ones, in holding that to the sovereign belonged the nobler metals in the soil. The first territory ceded to the Government was by Virginia in 1784, and by Massachusetts and Connecticut in 1785-6, which finally took a more perfect form in the celebrated Ordinance of 1787, by which all the territory northwest of the Ohio river, north to the great lakes, and westerly to the center of the main channel of the Mississippi river, was ceded to and became the property of the United States. In establishing a system for the disposal of lands northwest of the Ohio river, Congress, that is, the Continental Congress, on May 20th, 1785, reserved "onethird part of all gold, silver, lead and copper mines, to be sold or otherwise disposed of as Congress shall hereafter direct," and in the form of patent adopted evidencing the Government grant, the following reservation occurred: excepting and reserving one-third part of all gold, silver, lead and copper mines within the same, for future sale or disposition."

66

This territory now comprises the States of Ohio, Indiana, Illinois, Michigan and Wisconsin. The silver and copper mines of northern Michigan and northern Wisconsin along the rude and rocky shore of Lake Superior had long been

known. Early in the 17th century, and before the Pilgrim Fathers had sighted the then inhospitable coast of Massachusetts Bay, the shores of the great lake, called Superior, from its size, were being trodden and explored by French Jesuits, and their great wealth in copper and silver determined. Whatever else these intrepid and brave missionaries sought in the New World, it is absolutely certain it was not the amassing of metallic wealth. But famed as they are, and have been since the days of Loyola for deep patristic and theological learning, credited by governments with great power of intrigue and undue zeal to accomplish their purposes, their seats of learning have always been sought as fountains from which careful and profound scientific knowledge could be obtained. Among them are and have been men eminent as astronomers, botanists, mineralogists, metallurgists and geologists. Careful observations were made by these early missionaries of the lakes and rivers that they met, of the mountains, woods and plains that they saw, of the minerals they found, as well as of the vegetation they passed through; and maps and reports of these, carefully prepared, were transmitted to their superiors in France. Parkman gives an interesting account of these early explorers in his "Early Jesuits in North America." Fifty years later Rene Mesnard visited the Lake Superior region, explored its mineral resources for a couple of years, and then wrote an account of the discoveries made by him. He was followed by Allouez, Marquette, Dablon and other Jesuits, who, zealous to make converts to Christianity of the Indians, did not neglect to make full reports of the vegetable and mineral resources of those parts of the Lake Superior region that they happened to visit.

An adventurous French explorer named Charlevoix, or De Charlevoix, visited this interesting copper region about 1721, and wrote an account of his voyage and discoveries, which later on induced an English company to mine for copper near the mouth of Ontanagon river, six years before the Declaration of Independence was signed.

The lead mines in southwestern Wisconsin were discovered by LeSeur in 1700.

In many places on the Michigan Peninsula the remains of ancient mines and mining tools have been found. Also various articles of pottery, such as urns, vases, drinking cups, etc., made by a people comparatively well civilized. The mining tools were of copper alloyed with tin, and corresponded with some of those found in Mexico by the early Spanish invaders. The remains, or supposed remains, of smelting furnaces have also been found there. Tin has the property of hardening copper when associated with it in proper proportions.

In 1790 North Carolina ceded the territory west of the Alleghany mountains, which now comprises the State of Tennessee, to the United States; and in 1802 Georgia ceded to it the territory now comprised in the States of Alabama and Mississippi.

Gold mines were worked in North Carolina near the beginning of this century, and extended over quite a large area of country where the Blue Ridge and Alleghany ranges traverse it. From the mines of this State, since the establishment of the U. S. mint, there was deposited for coinage upwards of $10,000,000 down to 1874. These mines are not very productive of late years. In different parts of its mountain region are ancient mines of unknown date and origin but supposed to be of Spanish origin.

In 1829 gold was discovered in Habersham County, Georgia, and in nine years succeeding yielded (estimated) 800,000 ounces; during the succeeding eleven years (18381849), the yield did not exceed 200,000 ounces; while the yield for 1870 was only valued at $29,780. These mines are not very productive of late years.

In 1803 the Louisiana purchase was made by President Jefferson from France, by which all the territory west of the center of the main channel of the Mississippi river and east of what was claimed by Spain was ceded to the United States. This vast area now includes Arkansas, Missouri, the Indian Territory, Colorado, Nebraska, Iowa,

Minnesota, Dakota, Montana, Washington Territory, State of Oregon, Idaho and nearly all of Wyoming, besides the State of Louisiana, and the purchase price was $15,000,000.

The first authoritative announcement of this Government's policy in relation to mines on the public lands was made by the United States Supreme Court in 1840. Congress passed an Act in 1807 authorizing the leasing of lead mines on Government lands. In 1834 one Maj. T. C. Legate, of the army, but acting as United States Superintendent of lead mines, leased lead mines on the upper Mississippi near the present town of Galena in the State of Illinois, to J. P. B. Gratiot and Robert Burton, for oné year. The lessees were to pay for the privilege in kind, that is six pounds out of every hundred pounds smelted, "in clear pure lead," payments to be made monthly at the wareroom on Fever river. A bond was given by the lessees for the faithful performance of their part of the agreement. For some reason the lessees did not perform, and an action was brought on the bond in the Circuit Court for the State of Illinois, and appealed to the U. S. Supreme Court. It is known as United States v. Gratiot, and may be found in 14 Peters, 526.

The defendants demurred to the declaration, and made the point that Congress had no power to lease its lands. The Supreme Court held that under the constitutional provision That Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States " it had the power to lease the mines; that the word "territory" as there used is merely descriptive of one kind of property, and is the equivalent of the word "land,” and the power to dispose of it includes the power to sell it or to lease it.

The court further declared: "It has been the policy of this Government at all times, in disposing of the public lands, to reserve the mines for the use of the United States. And their real value can not be ascertained without caus

ing them to be explored and worked under proper regulations."

On the 4th of September, 1844, the general and perma-, nent pre-emption law passed by Congress was approved, providing for the distribution of the proceeds of the sales of public lands, and granting to settlers who were citizens, or who had declared their intention to become such, certain pre-emptiou rights on the public lands; but "all lands on which are situated any known salines or mines were excepted from the operation of the act.

So, too, the Homestead law of 1862 is confined in its scope and operations to lands subject to pre-emption, which we have seen can not operate on known salinė or mineral lands.

The

In all grants to railroad companies by Congress express reservation is made of lands containing minerals. sixteenth and thirty-sixth sections in each governmental township, ordinarily granted by Congress for school purposes, to each newly admitted State, will not apply to sections containing valuable minerals.

The same is true of lands granted, from time to time, to certain States, including what are known or called swamp or overflowed lands.

It is common to associate the year 1847 with the discovery of gold in California, and to credit the discovery to Col. Sutter, to Fremont, or to Sam Brannan and a few Mormons. This is not historically correct. Gold was found in many places in the southern part of California in the 17th and 18th centuries by explorers from Spain and Mexico, and the country was known for fully two centuries before 1847 to be auriferous. Spanish avarice and cruelty did much during the latter part of the last and the early part of this century to discourage mining. The indolence of the natives and jealousy did the rest. The war of independence by Mexico with Spain gave adventurers at home all the excitement they needed for some years, and all the troops and most of the officials were withdrawn from California to Mexico.