rocks of the Sierra Nevada as established, a result of no small importance prac-
tically, for it destroys the dogma, which has been very generally accepted, that
the Silurian or Palaeozoic rocks are the repositories of the gold of the globe.
We may now look for gold in regions where before it was generally presumed
to be absent, because the formations were not Silurian or Palaeozoic.
The Silurian age of the gold rocks of California has not always been assumed.
It has been repeatedly questioned. In the preface to the writer's " Report of a
Geological Reconnoissance in California," it is stated that a considerable part of
the gold-bearing slates of California are probably carboniferous. The absence of
all evidence of Silurian fossils west of the Rocky mountains is also distinctly
noted, (p. 276.) The opinion of the comparatively modern age of the gold
* In honor of Miss Errington, a lady residing on the estate, who drew my attention to some
impressions on the slates which she had picked up on the English trail, which proved to be
fossils.
tl regret to observe that in this publication, as well as in Mr. Gabb's notice of the fossils,
no mention is made of my previous announcement, and that my part in the discovery
and publication of the secondary age of the Mariposa gold rocks is studiously and wholly
ignored.
214 RESOURCES OF STATES AND TERRITORIES
rocks has been steadily gaining strength and support for years past, and has
been the subject of discussion in the daily journals.
The prevalence of gold in the Coast mountains, in or in close proximity to
rocks of tertiary age, leads us to question whether it may not occur in the rocks
of this late period also. The fact, recently ascertained, that gold is very gener-
rally associated with cinnabar, makes it more than probable that the metal has
been deposited in formations as recent even as the Miocene, (or middle tertiary,)
for, according to the best evidence we now have, this is the age of a part, at
least, of the quicksilver-bearing rocks.
Such a result need not surprise us, although so far in opposition to generally
existing views of the geological association of gold. The geological age of the
rocks has .manifestly nothing to do with the deposition of gold ; it is only neces-
sary that the rocks should have a favorable mineral composition and a suitable
degree of metamorphism. On this general view, we may be prepared to find
gold in rocks of any geological period, from the tertiary to the Laurentian or
Huronian rocks, inclusive.
The lithology of the chief gold-bearing zone or belt of rocks of California is
interesting. The chief or " mother vein" extends through several counties, with
occasional breaks or interruptions ; and throughout its course preserves its dis-
tinguishing characters. It follows also the same geological horizon or zone,
keeping between well-marked geological and geographical boundaries, so that a
description of the strata adjoining it at one place will serve to give a general
view of them throughout. A cross-section in considerable detail was made on
the Mariposa estate in eighteen hundred and sixty-four. This estate includes
the southern end of the " Great Vein," there known as the " Pine Tree." It
also includes several veins lying west of the line of the Pine Tree, of which the
most important is the " Princeton," noted for its richness and large production
of gold. This group of veins follows a long valley between two high ridges
Bear Mountain on the west, and Mount Bullion on the east. Those ridges are
formed of hard rocks ; the rocks of the valley are argillaceous and sandy slates
and sandstones. The stratification of these slates is remarkably regular and dis-
tinct ; their thin outcrops standing sharply out at intervals in long lines in the
ravines and on the hillsides, mark their trend, and show that they are nearly
vertical, or have a slight inclination northeast or easterly. The general direc-
tion of the outcrops and of the valley is northwest and southeast ; but there are
several local variations.
These slates are generally light colored or drab at the surface ; but in depth
they are black, like roofing slate, and break up into rhomboids. This is partic-
ularly well shown at the Princeton vein. There are numerous intercalations of
sandy layers passing into sandstones sometimes into coarse grits, and even
pebbly beds, and beds of slaty conglomerate. The softer and most finely lami-
nated portion of the group is generally found near the medial line of the valley,
and is the point at which the Princeton vein occurs. It is near this part of the
series, at the northern end of the estate, that the Jurassic fossils occur.
The following is an approximate geological section of the estate, at right
angles to the course of the rocks, and nearly over the Princeton vein. It is a
composite section, being made up of three distinct portions where the observa-
tions, had extended, but all near together, so as to present a fair view of the se-
quence of the formations. The whole embraces a distance of about four miles,
according to the scale of the small published map of the estate. The southwest-
ern end is taken along Bear creek, the middle portion across the Princ- ton vein,
and the remainder on a line near Upper Agua Fria, northeasterly to Bullion
ridge. The following is the sequence of formations from west to east :
WEST OF THE ROCKY MOUNTAINS 215
SECTION ACROSS THE MARIPOSAS.
1. Coarse r heavy conglomerates, metamorphosed Bear mountains,
2. Compact crystalline slates ; crystalline cleavage.
3. Conglomerate ; slaty.
4. Argillaceous slates, regularly stratified ; thick series.
5. Sandstone and sandy beds, (thin.)
6. Princeton gold vein ; quartz three feet thick.
7. Argillaceous slates and quartz veins ; the horizon of the Jurassic fossils.
8. Magnesian rock and quartz veins.
9. Pine Tree, or " Mother Vein," or its extension.
10. Argillaceous slates.
11. Conglomerate; slaty.
12. Compact slates.
13. Greenstone, limited in extent ; probably a metamorphosed sandstone.
14. Sandstones and sandy slates.
15. Serpentine and magnesian rocks the northern extension of Buckeye ridge.
16. Compact slates, crystalline and much metamorphosed.
17. Conglomerates and sandstones, heavy and massive; the so-called " green-
stone " of Mount Bullion range.
This is the general outline of the formations. Both of the bounding ranges of
the valley are formed by the heavy metamorphic conglomerates, so much altered
and changed as to be scarcely recognizable. They are generally supposed to
be formed of greenstone, and in some places they do not give any evidence of
their sedimentary origin ; in others, the outlines of the pebbles and boulders are
distinct. These boulders are remarkably large and heavy. From the general
similarity of the rocks of these two ranges Bear mountain on the west, and
Bullion range on the east together with the succession and character of the.
formations between, I am led to regard the whole series as a fold or plication,
and the valley as either synclinal or anticlinal probably the former.*
Bear mountain range is prolonged far to the north into Calaveras county, and
there forms the separation between the valley of Copperopolis, traversed by the
Reed or Union copper lode, and the gold quartz region of Angel's camp and
Carson Hill. The whole belt of formations from Amador county, southeastward,
through Calaveras, Tuolumne, and Mariposa counties, is an interesting field for
a geologist to work up, to show not only the geographical extent of the rocks
and the veins, but the structure or folding of the whole. The two lines of hard
conglomerate forming the high ridges are distinct for nearly the whole distance.
The serpentine rocks which accompany the gold formation are probably the
result of local metamorphic action, for they often occur in lenticular or elipsoidal
patches in the other rocks. So also the greenstone, in places, appears to be an
altered portion of rocks, which at other points are distinctly sedimentary, and
exhibit slaty stratification.
* The above section of the gold formation of the estate, and the substance of the observa-
tions upon it, were given in a report to F. L. Olmsted, esq., in eighteen hundred and sixty-
four. Inedited.
216 RESOURCES OF STATES AND TERRITORIES
SECTION 10.
LAWS AND CUSTOMS OF FOREIGN GOVERNMENTS IN RELATION TO THE
OCCUPANCY OF MINERAL LANDS AND THE WORKING OF MINES.
1. The crown right. 2. Permanent titles to the mineral lands of the United States.
1. THE CROWN RIGHT.
[Compiled from references in the New Alinaden ca^se.]
By the civil law all veins and mineral deposits of gold and silver ore, or of
precious stones, belonged, if in public ground, to the sovereign, and were part
of his patrimony ; but if on private property, they belonged to the owner of the
land, subject to the condition that if worked by the owner he was bound to
render a tenth part of the produce to the prince, as a right attaching to his
crown ; and that, if worked by any other person by consent of the owner, the
former was liable to the payment of two-tenths, one to the prince, and one to
the owner of the property. Subsequently it became an established custom in
most kingdoms, and was declared by the particular laws and statutes of each,
that all veins of the precious metals, and the produce of such veins, should vest
in the Crown, and be held to be part of the patrimony of the King or sovereign
prince. That this is the case with respect to the empire of Germany, the elec-
torates, France, Portugal, Arragon, and Catalonia appears from the laws of
each of those countries, and from the authority of various authors.
And the reason is, that the metals are applicable to the use of the public,
who ought not to be prejudiced by any impediments being thrown in the way
of the discovering and working of their ores ; besides which their products
rank', not among those of an ordinary description, but among the most precious
the earth affords ; and, therefore, instead of being appropriated to individuals,
are proper to be set apart for the sovereign himself, whose coffers being thus
enriched, he will be enabled to lighten the burdens of the people ; all which is
set forth at length by the authors above referred to.
This question, as is observed by the great Cardinal de Luca, has not received
any general or uniform determination, but is decided by the laws and customs
of each particular kingdom or principality ; for upon the breaking up of the
Roman empire the princes and states which declared themselves independent
appropriated to themselves those tracts of ground in which nature had dis-
pensed her more valuable products with more than ordinary liberality, which
reserved portions or rights were called rights of the Crown. Among the chief
of the valuable products are the metallic ores of the first class as those of
gold, silver, and other metals proper for forming money, which it is essential for
sovereigns to be provided with in order to support their warlike armaments by
sea or land, to provide for the public necessities, and to maintain the good
government of their dominions. And such is the course mentioned in the first
book of Maccabees to have been pursued by the Romans with regard to the
mines of Spain, and such also is the plan adopted by our sovereigns with
regard to those of the Indies, some of which they have reserved to themselves, and
the remainder they have left to their subjects, charged with the payment of
a fifth, tenth, or twentieth part of the produce.
According to the law of England the only mines which are termed royal,
and which are the exclusive property of the Crown, are mines of silver and
gold ; and this property is so peculiarly a branch of the royal prerogative
that it has been said that though the King grant lands in which mines are, and
all mines in them, yet royal mines will not pass by a general description,
This prerogative is said to have originated in the King's right of coinage, in
order to supply him with materials. It may be observed, however, that the
WEST OP THE ROCKY MOUNTAINS. 217
right of coinage in the earlier periods of European society was not always ex-
clusively exercised by the Crown ; that the same reason might apply to other
metals as copper and tin and that in those rude times the prerogative was
perhaps as likely to have its origin in the circumstance of those rare and
beautiful metals having always been among the most cherished objects of am-
bition, and which were, therefore, appropriated to the use of the Crown, like
the diamonds of India, in order to sustain the splendor and dignity of its rank.
Whatever reason may be assigned for this right of the Crown, and of what-
ever value the right may be, it has been long decided not only that all the mines
of gold and silver within the realm, though in the lands of subjects, belong ex-
clusively to the Crown by prerogative, but that this right is also accompanied
with full liberty to dig and carry away the ores, and with all other such inci-
dents thereto as are necessary to be usual for getting them.
This right of entry is disputed by Lord Hardwicke, in a case where there
was a grant from the Crown of lands with a reservation of all royal mines, but
not of a right of entry. The lord chancellor said he was of opinion that there
was by the terms of the grant no such power in the Crown, and that by the royal
prerogative of mines the Crown had given no such power, for it would be very
prejudicial if the Crown could enter into a subject's lands, or grant a license to
work the mines ; but that when they were once opened it could restrain the
owner of the soil from working them, and could either work them itself or grant
a license for others to work them.
In the days of Queen Elizabeth the rights of miners were discussed in a legal
controversy, in which some of the ablest men in England participated. Two
men, named Howseter and Thurland, went, without permission, upon the lands
of the Earl of Northumberland, and commenced digging for copper ore. The
earl warned them off. They made complaint to the Queen's attorney general,
stating that the ores contained some silver or gold, and he prosecuted the earl
for resisting the efforts of these miners in extracting the precious metals from
the earth, for the reason that all the gold and silver in the earth within the
realm belonged to the Queen and not to the owner of the land. All the justices
of England heard the argument and took part in the discussion.
The question principally debated was, whether by the prerogative of the
Crown all ores containing silver or gold belonged to the Crown as a part of
regalia.
The judges decided that all gold or silver ores belonged to the Crown,
whether in private or public lands ; that any ores containing neither gold nor
silver belonged to the proprietor of the soil ; that the King could grant away
mines of gold or silver, but not without express words in his patent demon-
strating his intention to sever the mines from his royal patrimony.
Some of the reasons upon which the arguments were based were expressed in
felicitous though quaint languag-'e, and are worthy of being reproduced :
1. " And the reason is that metals are applicable to the use of the public,
&c. ; besides which, their products rank, not among
those of an ordinary description, but among the most precious the earth af-
fords, and, therefore, instead of bfcing appropriated to individuals, are proper to
be set apart for the sovereign himself, whose coffers, being thus enriched, &c.
Among the chief of the valuable products are the metallic
ores of the first class, as those of gold, silver, and other metals proper for form-
ing money, which it is essential for the sovereign to be provided with in order
to support their warlike armaments by sea and land, to provide for the public
necessities, and to maintain the good government of their dominions," &c., &c.
{And. Plowdin, 315.)
2. "As to the first of these three points Onslow alleged three reasons why
the King shall have the mines and ores of gold or silver within the realm in
whatever land they are found. The first was in respect to the excellency of the
218 RESOURCES OF STATES AND TERRITORIES
thing ; and the common law, which is founded upon rea-
son, appropriates everything to the person whom it best suits, as common and
trivial things to the common people, things of more worth to persons in a higher
and superior class, and things most excellent to those persons who excel all
others ; and because gold and silver are the most excellent things which the
soil contains, the law has appropriated them (as in reason it ought) to the per-
son who is most excellent, and that is the King."
3. " For the same reason, he says, it has given him "whales and sturgeons "
which are in the sea in England that is, "in the arms of the sea or water within
the land, so that the excellency of the King's person draws to it things of an
excellent nature. The second reason was in respect of the necessity of the
thing ; for the King is the head of the public weal, and the subjects are his
members, and the office of the King, to which the law has appointed him, is to
preserve his subjects ; and their preservation consists in two things, viz : in an
army to defend them against hostilities, and in good laws. And an army cannot
be had and maintained without treasure, for which reason some authors, in their
books, call treasure the sinews of war. And, there-
fore, as God has created mines within this realm as a natural provision of treas-
ure for the defence of the realm, it is reasonable that he who has the govern-
ment and care of the people* whom he cannot defend without treasure, should
have the treasure wherewith to defend them. The third reason was in respect
f its convenience to the subjects in the way of mutual commerce and traffic ;
but one has need of the things which another has, and they cannot sell or buy
together without coin. It belongs to the King only to fix the value of coin, and
to ascertain the price of the quantity, and to put the print upon it ; for if he
(a subject) makes coin, it was high treason by the common law."
Act of Congress for tlie occupation and sale of the mineral lands of tlie United
States.
In the annual report of the Secretary of the Treasury for the year 1865, the
substitution of an absolute title in fee for the indefinite possessory rights or
claims under which the mines were held by private parties was earnestly rec-
ommended.
The following extracts from the Secretary's report embody the main consid-
erations by which Congress was governed in the passage of the act approved
August, 1866:
" The attention of Congress is again called to the importance of early and
definite action upon the subject of our mineral lands, in which subject are iiv
volved questions not only of revenue, but social questions of a most interesting
character.
" Copartnership relations between the government and miners will hardly be
proposed, and a system of leasehold, (if it were within the constitutional
authority of Congress to adopt it, and if it were consistent with the character
and genius of our people,) after the lessons* which have been taught of its
practical results in the lead and copper districts, cannot of course be recon>
mended.
"After giving the subject as much examination as the constant pressure of
official duties would permit, the Secretary has come to the conclusion that the
best policy to be pursued with regard to these lands is the one which shall
substitute an absolute title in fee for the indefinite possessory rights or claims
now asserted by miners.
" The right to obtain a fee simple in the soil ' would invite to the mineral
districts men of character and enterprise ; by creating homes, (which will not
be found where title to property cannot be secured,) it would give permanency
WEST OF THE ROCKY MOUNTAINS. 219
to the settlements, and, by the stimulus which ownership always produces, ft
would result in a thorough and regular development of the mines.
" A bill for the subdivision and sale of the gold and silver lands of the United
States was under consideration by the last Congress, to which attention is
respectfully called. If the enactment of this bill should not be deemed expe-
dient, and no satisfactory substitute can be reported for the sale of these lands
to the highest bidder, on account of the possessory claims of miners, it will
then be important that the policy of extending the principle of pre-emption to .
the mineral districts be considered. It is not material, perhaps, how the end
shall be attained, but there can be no question that it is of the highest import-
ance, in a financial and social point of view, that ownership of these lands, in
limited quantities to each purchaser, should be within the reach of the people
of the United States who may desire to explore and develop them.
" In this connection it may be advisable for Congress to consider whether the
prosperity of the treasure-producing districts would not be increased, and the
convenience of miners greatly promoted, by the establishment .of an assay
office in every mining district from which an annual production of gold and
silver amounting to tejpnaaillions of dollars is actually obtained."
F?'n "'
IryAfONNE
>NNES, chairman of the Committee on Mines and Mining of the Senate,
ic the following report, May 28, 1866 :
The Committee on Mines and Mining, to whom was ^referred Senate bill No,
257, "An act to regulate the occupation of mineral lands, and to .extend the
right of pre-emption thereto" have had the same under consideration, and
beg leave to report a substitute, and to recommend its passage.
By this bill it is only proposed to dispose of the vein mines, and to provide
for the segregation of the agricultural lands lying within the mineral regions.
The proposition contained in it is to transfer the title of the United States to
the possessors at a reasonable rate, and as a part of that rate to secure the pay-
ment of a percentage of the net proceeds of the vein mines into, the treasury,
until the present burdensome public debt shall be paid ; this percentage to be in
lieu of all tax imposed upon bullion at the mints and assay offices under ex-
isting laws.
It is not proposed to interfere with, or impose any tax upon, the miners en-
gaged in working placer mines, as those mines are readily exhausted, and not
generally remunerative to those engaged in working t!iwi
Your committee, in arriving at the conclusions they have;'and recommending
the passage of an act to" pro vide for investing the miners of the country with the
fee-simple to their vein mines, have not been unmindful of what the country
owes to the enterprising men who have gone into the forests and recesses of the
western States and Territories, and who have developed to the commerce of
the world the heretofore hidden treasures therein ; they who, by patient and
often ill-requited toil, without aid from the government in any manner whatever,
have shown the ample foundation of the national credit in the mineral resources
of the public domain. That policy by which the greatest amount of the precious
metals shall be produced, and the greatest individual and aggregate wealth
amassed by our own people, must be the wisest and b<\~t.
There has been constant fear felt by those who &re engaged in promoting
these results that some disturbance and interference with vested rights of
property would occur. Measures for the sale of the mines and for the taxation
of those engaged in working them have, from time to time, been proposed,
creating the deepest apprehensions and most seriously affecting mining property.
It is a first duty that all such doubts and fears shall be set at rest by the pro*
220 RESOURCES OF STATES AND TERRITORIES
mulgation of a policy which shall give full and complete protection to all exist-
ing possessory rights upon liberal conditions, and with full and complete legal
guarantees, and to provide the most generous conditions looking toward further
explorations and developments.
There are widely differing opinions as to the course proper to be pursued be-
tween the population of the mining regions and the people of the east, whose
representatives in Congress too often, without exact knowledge on the subject,
propose heavy burdens upon the mining industry. The mass of people living in
the mines feel that the mines should be left free and open to and within the
reach of the hardy explorer and adventurer without tax or impost whatever ; nay,