The Laws of Gold and Silver

Like the settler's associations who made the laws for the newly settled communities in the West, gold mining towns did the same thing.  Mining towns were also beyond the range of effective federal law.  Miners who arrived first, like the first settlers, simply made their own laws.

As early as 1851 in California, the rule was that mining claims shall govern based on the "usage, regulations and customs."  By 1866 there were over 500 self-organized mining districts in California, 200 in Nevada and 100 each in Arizona, Idaho and Oregon.  There were 1100 of these self-governing mining districts across the West.

The self-governing districts all had the basic belief that they should and could make and enforce their own laws.  In July of 1866 Congress recognized that wherever these districts "did not conflict with the laws of the United States, they should prevail.  The rules and regulations of the miners form the basis of the present admirable system arising out of necessity.  They become the means adopted by the people themselves for just protection of all. The local courts recognize these rules, the central idea of which is priority of possession."  

Some things were unique to mining towns.  Like the settlers, the proper title then belonged to those that discovered it, those who arrived first, but continual use of the claim was necessary for legal ownership in a mining town.  No one was allowed to hold on to a claim longer than they used it.  The first person to reach a stream could draw out as much as he could use, not just for mining but for irrigation of farms, livestock, etc.

This priority law for both settler's and for mining towns lasted until at least the end of the century all across the West.  

Next time...New topic?

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Today in Pioneer History: "On July 5, 1957, John Lennon meets Paul McCartney for the first time.  John was scheduled to play at the Woollton Parish Church Garden Fete as part of the Quarrymen group.  Paul, only 15 years of age showed up to listen to 17 year old John and his band. Paul was introduced by a mutual friend and played a guitar riff for John...the rest is history as they say.