CHAPTER I. INTRODUCTORY. § 25. Introductory-Periods of national history. ? 25. Introductory - Periods of national history.— Positive law is the result of social evolution. Its development keeps pace with the intellectual and industrial progress of a nation. The history of a nation's laws is the history of the economic forces of which they are but the resultants, or, as aptly stated by a distinguished writer, "Each nation has evolved its existing economy as the outcome of its history, character, environment, institutions, and general progress. 66 A brief historical review of the growth of our nation, its policy and legislation on the subject of mineral lands, and the discovery and development of its mineral resources, will materially aid us in arriving at a proper interpretation of the existing system of laws governing the acquisition and enjoyment of property rights and privileges on the public mineral domain of the United States. This branch of national history logically divides itself into four distinct periods, marked either by the occurrence of important events or emphasized by a distinctive change of national policy. These periods may be defined as follows: First-From the foundation of the government to the discovery of gold in California; Second-From the discovery of gold in California until the passage of the lode law of 1866; Third-From the passage of the lode law of 1866 to the enactment of the general law of May 10, 1872; Fourth-From the enactment of the general law of May 10, 1872, to the present time. 28. Original nucleus of the national domain.The national government acquired no rights of property within the present boundaries of the thirteen original states, nor in the states of Vermont, Kentucky, Maine, or West Virginia, which were severally carved out of territory originally forming a part of some of the original states. The first acquisition of national domain which became subject to the disposal of congress was by cessions of territory claimed by seven of the original states. These cessions, commencing with that by the state of New York (March 1, 1781), and ending with that of Georgia (April 24, 1802), brought within the jurisdiction and control of the federal government all that portion of the present area of the United States now Lindley on M.-4 comprising the states of Tennessee, Illinois, Indiana, Ohio, Michigan, Wisconsin, those portions of Alabama and Mississippi lying north of the thirty-first parallel, and that portion of Minnesota lying east of the Mississippi river. This area, with the exception of Tennessee (in which the public lands were practically absorbed by the claims of North Carolina, the surplus being subsequently ceded to the state), constituted the original nucleus of our national domain.3 29. Mineral resources of the territory ceded by the states. In this period of our national history but little was known of the mineral resources of the country, and economic minerals were but little known or used.* Gold had been found in moderate quantities in use among the Indian tribes of the present southern states, and the Spaniards, under the leadership of De Soto, were supposed to have discovered gold in North and South Carolina and Georgia; but the existence of this royal metal in any considerable quantity was purely legendary.5 Copper was known to exist in the Lake Superior region. The Jesuit priests had made extensive explorations on the upper peninsula, and had given glowing accounts of the abundance of copper there found. Other explorers confirmed these discoveries, and brought back legends of gold and precious stones." 1 Public Domain, pp. 65-88. 'Id., p. 83. 3 Florida was ceded to us in 1821 by Spain (Public Domain, 116), but until a very recent period was not known to contain any substances commercially classed as mineral. Its phosphate and other mineral deposits on public lands are subject to the general mining laws of congress. Public Domain, p. 306. Century of Mining-Trans. Am. Inst. M. E., vol. v, p. 166. p. 169. • Id., In 1771, when this region had passed from the dominion of France, a company was organized in London, the Duke of Gloucester being one of the incorporators, to mine copper on the Ontonagon river. What little metal was obtained was shipped to England; but nothing resulted from the venture.1 The definitive treaty of peace between Great Britain and the United States, concluded at Paris, September 3, 1783, practically settled our northern boundary, although this was a subject of controversy for several years afterwards. When the lake region became subject to the unquestioned jurisdiction of the United States, the territory was in the occupancy of the Indians, and no settlements were attempted in that section until a much later period. This was practically the extent of public information upon the subject at the time congress passed its first ordinance on the subject of mineral lands. 30. First congressional action on the subject of mineral lands.-The first legislative declaration of congress with reference to mineral lands is found in the ordinance of May 20, 1785, entitled "An ordinance for "ascertaining the mode of disposing of lands in the "western territory." Under this ordinance surveyors were to be appointed from each state, to act under the direction of the geographer. The territory was to be divided into townships six miles square, and these townships subdivided into sections one mile square (six hundred and forty acres). Meridian and base lines were to be established, and the rectangular system of surveys, which has ever since been in general use, was adopted. In making these surveys, the surveyors were required 1 Trans. Am. Inst. M. E., vol. xix, p. 679. |