78 [APPENDIX 



relation to it, I would beg leave to call your attention to a point on 

 which there has heretofore existed much diversity of opinion, which not 

 unfrequently has engendered angry discussion and beligerent feeling in 

 a large proportion of our mining population. The experience of the 

 last three years has elucidated the fact most clearly that the two mining 

 interests of this State cannot be governed by the same rule of law in all 

 cases, and prove alike advantageous to both ; it is therefore suggested 

 whether some method more congenial to this interest may not be adop 

 ted, that will favor the occupancy and improvement of the metallic veins 

 of this State, giving at the same time widest scope and protection to all 

 at present engaged, and those who may wish hereafter to enter upon 

 those pursuits. 



PKESENT GOYEENMENT OF METALLIC VEIN'S. 



Before entering upon this part of our subject I will state, that through 

 out every part of the mining counties, which it has been my fortune to 

 visit, in my examinations of previous years, and up to the present time, 

 the subject of needful protection to capital investment and labor in this 

 branch of mining, has been fully and unequivocally expressed by those 

 engaged and interested in it, and by a large portion of those engaged in 

 placer mining, having no direct connection with the former. And it is at 

 the solicitation of nearly every individual engaged in the pursuit of mining 

 on veins, that the subject is presented to your consideration at the pre 

 sent time. A wish has long since been expressed, and urged through 

 all the various channels of communication, that the present tenure by 

 which this species of property is holden and conveyd may be changed 

 in such manner as may render available capital investments, which must 

 be largely employed in order to develop those sources of wealth and 

 insure their occupancy. 



It is perhaps a questionable point whether the State government is 

 vested witb the power to cede and convey title in fee to lands containing 

 the precious metals, even were that title absolutely required from the 

 nature of existing circumstances ; but whether her jurisdiction in the 

 case be sovereign or not, she legitimately possesses a conservative jurisdic 

 tion over such lands, and through that power, as a member of the great 

 confederacy, may exert an influence to obtain such modifications of ex 

 isting laws" of the general government, as would conflict with the com 

 mon interests of her citizens, or of those rules and regulations tempora 

 rily instituted by the State, which by their present - action, have a ten 

 dency to cripple and reduce her otherwise available means of revenue. 



Under this form of the question it becomes a matter of some importance 

 to consider, whether the entire interests of the State would not be materially 

 and beneficially affected, by placing such lands as are under its conservative 

 influence in a position that would be likely to yield a revenue from their oc 

 cupancy, and which at the same time would yield an adequate security for 

 the investment of capital to be employed iu their developement. A system 

 of law that would induce a more extensive occupancy than that now exist 

 ing must insure, as a resultant, a corresponding increase of revenue, thereby 



