General Mining Act of 1872 - Mining Legislation Before 1872

Mining Legislation Before 1872

Although the practices for open mining on public land were more-or-less universal in the West, and supported by state and territorial legislation, they were still illegal under existing federal law. At the end of the American Civil War, some eastern congressmen regarded western miners as squatters who were robbing the public patrimony, and proposed seizure of the western mines to pay the huge war debt. In June 1865, Representative George Washington Julian of Indiana introduced a bill for the government to take the western mines from their discoverers, and sell them at public auction. Representative Fernando Wood proposed that the government send an army to California, Colorado, and Arizona to expel the miners "by armed force if necessary to protect the rights of the Government in the mineral lands." He advocated that the federal government itself work the mines for the benefit of the treasury.

Western representatives successfully argued that western miners and prospectors were performing valuable services by promoting commerce and settling new territory. In 1865, Congress passed a law that instructed courts deciding questions of contested mining rights to ignore federal ownership, and defer to the miners in actual possession of the ground. The following year, Congressional supporters of western miners tacked legislation legalizing lode (hardrock) mining on public land onto a law regarding ditch and canal rights in California, Oregon, and Nevada. The legislation, known as the "Chaffee laws" after Colorado Territorial representative Jerome B. Chaffee, passed and was signed on July 26, 1866.

Congress extended similar rules to placer mining claims in the "placer law" signed into law on July 9, 1870.