illusory title to an indefinite thing, and encourage the subsequent robbery thereof.'" These strong statements are made by a Government commission composed of able and impartial men, who were guided in their patient search after the truth by the evidence of "a cloud of witnesses," who spoke from personal knowledge and experience. The character of our mining laws is therefore not a matter of theory, but of demonstrated fact. They scourge the mining States and Territories with the unspeakable curse of uncertainty of land titles, as everywhere attested by incurable litigation and strife. They thus undermine the morals of the people, and pave the way for violence and crime. They cripple a great national industry and source of wealth, and insult the principles of American jurisprudence. And the misfortune of this legislation is heightened by the probability of its continuance; for it is not easy to uproot a body of laws once accepted by a people, however mischievous in their character. Custom, and the faculty of adaptation, have a very reconciling influence upon communities as well as individuals. Moreover, men absorbed in a feverish and hazardous industry, and stimulated by the hope of sudden wealth, are not disposed to consider the advantages of permanent ownership and security of title. Their business is to make their locations according to local custom, and sell out to the capitalists; while the men who feel the burden of litigation and the evil of uncertain titles, are not the men who control public opinion and influence the course of legislation. It may thus happen that a system of laws initiated by itinerant miners solely for the protection of their transient posessory interests, and carried through Congress at their behest by parliamentary roguery, may be permanently engrafted upon half the continent. If California had been contiguous to the older States, and her mining operations had only kept pace with the progress of settlements, or if her representatives had been less ready to sacrifice the enduring interests of their constituents for temporary and selfish ends, the wretched travesty of law which now afflicts the States and Territories of the West would have been unknown, and the same code and forms of administration would have prevailed from the lakes to the Pacific.