icenses
to miners In such a way as best to protect mineral lands against monopolies, and secure to the govern- ment the largest revenue ; but on second thought he recommended parcelling the mining territory into small lots and selling it. This plan was equally im- politic and impracticable. Fancy a prospector buying a lot in the Sierra foothills, and then examining it to see if it contained gold ; if not, buying another, and so on until he owned a barren mountain side' Then to guard these mineral government lands, to drive off the miners, and prevent poaching, would require a military force larger than the army in Mexico, and a moral force ten times oreater than the federal o:overn- ment was able at that time to command in California. The miners were essentially migratory in their habits, ranging over a vast wilderness of gold-fields, digging a little here and a little there, trying in many places before finding a spot worth working. This shows how utterly incapable were strangers to legislate on Califor- nia affairs.
Disputes between water and mining companies often led to blows and frequently resulted in loss of lift^. sometimes open war would wage, the contending par- ties ranging themselves on either side armed to the teeth with knives, revolvers and guns. Fights would supplement suits at law, and lawsuits follow fights.
It is not at all certain that, in the then existing state of things, any legislation by congress in respect to mineral lands would have carried much weight in the minino; districts of California. Miners had become too much accustomed to their own way, and were, in fact, better able to take care of themselves than were eastern politicians. Nevertheless there were many serious affrays which would not have occurred had the laws regarding mineral lands been more strictly de- fined ; — instance the following :
A rich vein of quartz was discovered on Carson hill by one Alfred Morgan, who, with seven men, took possession and began to work in October 1850. They
