By Carolyn Nelson of Glenwood, NM

Public Lands for Sale 

A Senator from Ohio wants to sell public lands to pay war debt. Nevada Senator says no. In 1866, Senator Sherman proposed an amendment that would sell mining lands to miners, the proceeds would be used to pay Civil War debt. Strong opposition was made by Senator Stewart from Nevada. Stewart countered that the mountains should remain open to the public for exploration and occupation. The mineral lands that were offered for sale would later become Forest Reserves and eventually US Forests.

Stewart said communities had been established, and vested rights to those who first put land and water to use had been recognized. “Each mining district, in an area extending over not less than 50,000 square miles thoroughly democratic in their character, guarding against every form of monopoly, and requiring continued work and occupation in good faith to constitute a valid possession.”

"For nearly a quarter of a century a race of men, …exploring for mines, all predicated upon the idea that no change would be made in this system that would deprive them of their hard-earned treasure. Some of these have found valuable mines and a sure prospect of wealth and comfort …others have received no compensation but anticipation, no reward but hope."

Stewart eloquently exclaims, “It is not because miners do not desire a fee-simple title (to the lands), for this they would desire upon all else, but most are poor and are unable to purchase in competition with speculators.”

It had become fashionable for investors, particularly from the European Industrial Revolution, to invest in the West. Not showing prejudice he says that these mountains should be left for those not yet born or yet arrived from foreign countries. Future generations should be allowed the opportunity to work and to own.

Stewart told Congress, people of the West want to be ‘left alone.' He promotes that his bill does not make changes to local laws and customs of the lands. Possessory rights of mineral lands had been established over a quarter of a century and recognized in local courts. One such law Stewart stood on is a Homestead Act of 1865; “title shall be judged by law of possession.” The law of the land he went on to say is ‘in harmony’ with thousands in western communities who have created homes, ranches, businesses, grazing and water rights.

June 18, 1866, the Congressman from Nevada preached do not sell complete title of the lands. Allow the men through possessory rights (first-come, first-serve) to have the option “to improve the mines in good faith, and according to local rules, to purchase at the rate of five dollars per acre and receive a patent that shall grant..with any depth, with such reasonable amount of surface to be necessary for the working of the same.” Separating of the depths, the minerals, of US Forest lands from the surface, would be recognized as definition in part of split estate. Stewart’s efforts prevailed. The lands were not sold and gated; US Forests are open to access. Stewart’s additions became one of the foundations that exist under 20th Century, ‘Valid Existing Rights.' On July 26, 1866, William Stewart’s resolutions were passed into law as the Mining and Ditch Act.

For a complete reading of Senator Stewart’s ‘spicy’ debate go to
Congressional Globe, Senate, 39th Congress, 1st Session, pages 3225-3237 https://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=2

This link should get you to Stewart's debate. Starts on page 3225