Comparison Of Mining Conditions To-Day With Those Of 1872, in Their Relation To Federal Mineral-Land Laws

THE situation in 1872, from the standpoint of the prospector, the locator, the possessory claimant, and the patentee of mineral land under Federal statutes, cannot be understood without a knowledge of the situation prior to 1866, and between 1866 and 1872. The Situation before 1866 The western public domain acquired by the United States through treaties, as the result of conquest or purchase, was invaded after Marshall's re-discovery of gold in California, by an overwhelming multitude of prospectors and miners from all parts of the world. The mineral lands of the whole Pacific slope were practically unsurveyed. Congress, disgusted with the experiment of leasing mineral lands; which it had tried for 40 years, and abandoned in 1847, enacted no laws for the management of these public mineral lands, and the pioneers made their own laws governing mining titles. These local regulations applied at first to gulch-mining in the auriferous river-beds only; and they constituted a simple and practical system, adapted to the needs and means of primitive communities-significantly called "camps." They had the means of measuring distances, but not angles; they knew no -property except personal property in the form of pickaxes, pans, supplies, camp-equipage, horses or mules, and mining rights. The earliest codes which they developed expressed what might be called the law of the lariat. With the lariat they measured the distance assigned to each miner along the gold-bearing gulch-a double portion to the discoverer, and a single portion to his successors, in the order of their coming. With the lariat, they hung, after such due process of law as was available, the rascal who stole a horse, or a bag of gold-dust, or a; mining claim, or killed another man without giving him fair notice and a chance to defend himself. In these pioneer codes, adopted in mass-meetings and enforced by the same authority, two features concern us most: