Political Recollections: 1840 to 1872Julian, George Washington
History
Political Recollections: 1840 to 1872
Julian, George Washington
Republican Party (U.S. : 1854- ) -- History; United States -- Politics and government
Such is the history of this remarkable experiment in legislation;
but it is an experiment no longer. Its character has been perfectly
established by time, and the logic of actual facts. It has been
extensively and thoroughly tried, and after repeated attempts to
amend it by supplementary legislation, its failure stands recorded
in the manifold evils it has wrought. The Land Commission, appointed
under the administration of President Hayes in pursuance of an Act
of Congress to classify the Public Lands and codify the laws relating
to their disposition, visited the mining States and Territories in
detail, and devoted ample time to the examination of witnesses and
experts in every important locality touching the policy and practical
operation of the laws in force relating to mineral lands. This
Commission condemned these laws on the strength of overwhelming
evidence, and recommended a thorough and radical reform, including
the reference of all disputed questions as to title and boundary
to the regular officials of the United States; the abolition of
the "local custom or rules of miners," with the "local courts"
provided for their adjudication; and the adoption of the United
States surveys as far as practicable, including the geodetical
principle of ownership in lieu of the policy of allowing the miner
to follow his vein, "with its dips, angles and variations under
the adjoining land of his neighbor," which policy is declared to
be the source of incalculable legislation. The Commission, in
short, urged the adoption of the principles of the Common Law and
the employment of the appropriate machinery of the Land Department,
as a substitute for the frontier regulations which Congress made
haste to nationalize in 1866. It declared that under these
regulations "title after title hangs on a local record which may
be defective, mutilated, stolen for blackmail, or destroyed to
accomplish fraud, and of which the grantor, the Government, has
neither knowledge nor control"; that in the evidence taken "it was
repeatedly shown that two or three prospectors, camped in the
wilderness, have organized a mining district, prescribed regulations
involving size of claims, mode of location and nature of record,
elected one of their number recorder, and that officer, on the back
of an envelope, or on the ace of spades grudgingly spared from his
pack, can make with the stump of a lead pencil an entry that the
Government recognizes as the inception of a title which may convey
millions of dollars; that even when the recorder is duly elected
he is not responsible to the United States, is neither bonded nor
under oath, may falsify or destroy his record, may vitiate the
title to millions of dollars, and snap his fingers in the face of
the Government; and that our present mining law might fitly be
entitled 'An Act to cause the Government to join, upon unknown
terms, with an unknown second party, to convey to a third party an
Public-domain text, read in full here on John Shaqi.
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