"1826, from which time the production began to increase rapidly." 66 666 "For a few years the rents were paid with tolerable "'regularity, but after 1834, in consequence of the immense number of illegal entries of mineral land at "the Wisconsin land office, the smelters and miners "'refused to make any further payments, and the gov"'ernment was entirely unable to collect them. After "'much trouble and expense, it was, in 1847, finally "'concluded that the only way was to sell the mineral "'land and do away with all reserves of lead or any "other metal, since they had only been a source of "'embarrassment to the department.'1 "Meanwhile, by a forced construction (afterward de"clared invalid) of the same act, hundreds of leases were granted to speculators in the Lake Superior 66 copper region, which was from 1843 to 1846 the scene "of wild and baseless excitement. The bubble burst "during the latter year; the issue of permits and leases "was suspended as illegal, and the act of 1847, authorizing the sale of the mineral lands and a geological survey of the district, laid the foundation of a more "substantial prosperity."2 66 66 34. Message of President Polk.- President Polk, in his first message to congress (December 2, 1845) made the following special mention of these lands and the system of leasing them authorized by the act of March 3, 1807: "The present system of managing the mineral lands "of the United States is believed to be radically defect"ive. More than a million acres of the public lands, 66 supposed to contain lead and other minerals, have "been reserved from sale, and numerous leases upon "them have been granted to individuals upon a stipu"lated rent. The system of granting leases has proved "to be not only unprofitable to the government, but 1 Quoting from Professor Whitney's work on the Metallic Wealth of the United States. Century of Mining-Trans. Am. Inst. M. E., vol. v, p. 180. 66 66 66 66 66 66 66 66 "unsatisfactory to the citizens who have gone upon the lands, and must, if continued, lay the foundation of "much future difficulty between the government and "the lessees. According to the official records, the amount of rents received by the government for the years 1841, 1842, 1843, and 1844, was $6,354.74, while "the expenses of the system during the same period, including salaries of the superintendents, agents, clerks, " and incidental expenses, were $26,111.11, the income being less than one fourth of the expense. To this pecuniary loss may be added the injury sustained by the public in consequence of the destruction of "timber, and the careless and wasteful manner of working the mines. The system has given rise to much litigation between the United States and individual "citizens, producing irritation and excitement in the "mineral region, and involving the government in "heavy additional expenditures. It is believed that "similar losses and embarrassments will continue to "occur while the present system of leasing these lands "remains unchanged. These lands are now under the "superintendence and care of the war department, with "the ordinary duties of which they have no proper or natural connection. I recommend the repeal of the "present system, and that these lands be placed under "the superintendence and management of the general "land office as other public lands, and be brought into "market and sold upon such terms as congress in their "wisdom may prescribe, reserving to the government "an equitable percentage of the gross amount of min"eral product, and that the pre-emption principle be "extended to resident miners, and settlers upon them, "at the minimum price which may be established by 66 congress." 66 35. Sales of land containing lead and copper under special laws. The first sale of mineral lands was that of the reserved lead mines and contiguous lands in the state of Missouri, under the act of March 3, 1829.1 14 Stats at Large, p. 364. They were to be exposed for sale as other public lands, at two dollars and fifty cents per acre; but lead and other mineral lands on the public domain, elsewhere than in Missouri, were still reserved from sale. The act of July 11, 1846,1 ordered the reserved lead mines and contiguous lands in Illinois, Arkansas,2 and the territories of Wisconsin and Iowa, to be sold as other public lands, after six months' public notice, following the Missouri act of 1829, with the addition of the provision that the lands should be offered and held subject to private entry before pre-emptions were allowed. The register and receiver were to take proof as to character of lands, whether mineral (i. e. containing lead) or agricultural. The act of March 1, 1847, opened for sale lands in the Lake Superior land district, state of Michigan, containing copper, lead, or other valuable ores, after geological examination and survey, and provided that there should be public advertisement for six months, and then public sale at not less than five dollars per acre, those not disposed of at public auction to be subject to private sale at five dollars per acre. This act also transferred the management and control of "the mineral lands" from the war department to the treasury department. The act of March 3, 1847, authorized the sale of lands in Chippewa district, in Wisconsin, containing copper, lead, and other valuable ores. The language of the act follows closely that of March 1, 1847, (supra). It will be thus observed that from the period of 1785 to the discovery of gold in California, in 1848, the legis 19 Stats. at Large, p. 37. But as to lands containing other minerals the general mining laws are in force. Norman v. Phoenix Zinc M. and S. Co., 28 L. D. 361. And see legislation of the state of Arkansas, appendix. 39 Stats. at Large, p. 146. Id., p. 179, § 10. lation of the congress of the United States as to survey, lease, and sale of mineral lands had been for lead, copper, and other base metals, and applied to the territory in the region of the great lakes, in the now states of Michigan, Wisconsin, Minnesota, Iowa, and Illinois, and the present state of Missouri. Under these various laws the copper, lead, and iron lands of the above mentioned regions were sold.1 2 36. Reservation in pre-emption laws. -During this period numerous laws were passed granting pre-emption rights to settlers upon the public lands. These laws, as a general rule, excepted from their operation lands previously reserved from sale by former acts; but no specific reservation of mineral lands, or lands containing mines, was incorporated into any of them until the pre-emption act of September 4, 1841, was passed. This act contained the provision that "no "lands on which are situated any known salines or "mines shall be liable to entry under and by virtue of "the provisions of this act." It also embodied the limitation that its terms should not extend to lands reserved for salines, "or other purposes." At the time of the passage of this act, the only mines that could have been in contemplation of congress were those of lead and other base metals in the region of the Mississippi valley and the copper mines in the regions of the great lakes. As to salines, until a very recent period the policy of the government since the acquisition of the northwest territory, and the inauguration of our land system to 1 Public Domain, p. 319. 3 $5 Stats. at Large, p. 453. By act of congress passed January 31, 1901, (31 Stats. at Large, p. 745,) public saline lands are classified as mineral, and are sold and disposed of under the general mining laws. reserve salt springs from sale, has been uniform,1 with the exception of the act of March 3, 1829, passed on the same day with the act exposing for sale the lead lands of Missouri, which authorized the sale, in the same manner as other public lands, of "the reserved salt springs and contiguous lands in the state of Missouri, "belonging to the United States, and unclaimed by "individuals." 66 1 See Morton v. State of Nebraska, 88 U. S. 660, wherein legislation as to salines is reviewed. The court, however, seems to have overlooked the act of March 3, 1829. $4 Stats. at Large, p. 364. 'See, ante, § 35. |