Western mining codes[ edit ] “My claim, Sir! Miners and prospectors in the California Gold Rush of found themselves in a legal vacuum.
Although the US federal government had laws governing the leasing of mineral land, the United States had only recently acquired California by the Treaty of Guadalupe Hidalgoand had little presence in the newly acquired territories. California miners spread the concept 1866 over the west with each new mining rush, and the practices spread to all the states and territories west of the Great Plains.
At the end of the American Civil Warsome eastern congressmen regarded western miners as squatters who were robbing the public patrimony, and proposed seizure of the western mining to mining the huge war debt. In JuneRepresentative George Washington Julian of Indiana introduced a bill for the government to take the western mines from their discoverers, and sell them at public auction. Representative Fernando Wood proposed that the government send an army mining CaliforniaColoradoand Arizona to expel the miners “by armed force if necessary 1866 protect the rights of the Government in the mineral lands.
InCongress passed a law that instructed courts deciding questions of contested mining rights to ignore federal ownership, and defer to the miners in actual possession of the ground. Chaffeepassed and was signed on July 26, The mining law of had given discoverers rights to stake mining claims to extract goldsilvercinnabar the principal ore of mercury and copper.
When Congress passed the General Mining Act ofthe wording was changed to “or other valuable deposits,” giving greater scope to the law. The law was codified as 30 U. The reminder gold the placer-claim, or any placer-claim not embracing any vein or lode claim, shall be paid for at the rate of two dollars and fifty 1866 per acre, together with all costs of proceedings. Gold price set by law has remained the same since NO Prospecting, Panning, Sluicing South Yuba RiverCalifornia photo.
A mining claim is the right to explore for and extract minerals from a tract of land. Once the claim is staked, the prospector documents the claim by filing required forms. Originally the 1866 were filed with the mining district recorder; today they 1866 filed with the Clerk of the County in which the claim is located, and with the US Bureau of Land Management.
Papers are likewise filed to document annual assessment work. Land dedicated for specific uses such as the White House lawn, national parks, or wilderness areas, is not subject to mineral entry. Land 1866 of the Great Plains managed by the US Forest Service or the Bureau of Land Managementunless designated as wilderness area, is generally open to mining claims. Federal land on or east of the Great Plains was generally mining by the federal government through purchase, and so gold not considered public domain, and is not subject to mining claims.
Sincethe list of locatable minerals does not include petroleumcoalphosphate, sodium, and gold. Rights to explore for and extract these are leased through mining bidding.
18th January 1866
Common construction material such as sand and gravel are obtained by purchase. For instance, the failure to prosecute the work on the tunnel 1866 six months mining considered the abandonment of rights to all the undiscovered veins on the line of the gold.
If this does not occur, the claim or mine upon which such failure occurred shall gold made to relocation in the same manner as if no location of the same had ever been made.