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happiness among my beloved vassals in those countries has induced me to reflect seriously and maturely upon the means of attaining that object; and, after a long examination, it has occurred to me that one of the most expedient was the re-establishment of the supreme council of the Indies. That tribunal which in all times has professed love and fidelity for the kings, my ancestors, has always been distinguished for the zeal and correctness with which it has discharged the many and important trusts committed to it; whereby it has not only deserved their confidence, and been raised to equal honours and privileges with royal council, but also that of the natives and inhabitants of those countries who felt how much they were indebted to that body, created for their benefit and protection, almost at the time of the discovery of that immense section of the globe. Wherefore, moved by these considerations, and sensible of the importance to the good government of those dominions, that the ministers in whom I repose my confidence should possess the peculiar abilities and information which their administration requires, I have resolved to reestablish the aforesaid council, which, for the present, shall continue invested with the same powers it possessed on the 1st May, 1808. It will consist, as as formerly, of three permanent chambers, (salas,) viz. two of government and one of justice, which shall be composed of the ministers named in the list signed with my hand. And whereas it is not expedient that the number of places be increased, which was fixed to five ministers with sword and robes, by royal decrees of 13th of March, 1760, and 25th August, 1785, and to fourteen ministers, togados, two attorneys, [fiscales,] also toyados, two secretaries, and one accountant, established by the decrees of 29th July, 1773, 26th February, 1776, and 6th June and 11th March following: it is my will that these decrees be observed by completing the number of ministers of that class, and suppressing those who exceed the number of ministers of the other class, as the same shall become vacant; and that there be always among them some ministers who shall be natives of the Indies. As soon as the council shall have entered upon the exercise of its functions, they shall inquire into the changes which, in those extensive and valuable dominions, have originated from the great and extraordinary occurrences which have taken place in the mother country, and shall propose to me whatever they may think expedient, for the restoration of order therein, and for the promotion of their welfare and prosperity. You will take notice of the above, and communicate the same to all whom it may concern.

Madrid 2d July, 1814.-Signed with the royal hand of H. M.

To DON MIGUEL LARDIZABAL Y URIBE.

Names of the ministers who are to compose the three chambers [salas] of my royal and supreme council of the Indies, saving the right of seniority appertaining to each. [Names inserted and signed by the king.]

ROYAL DECREE

Of the 29th June, 1821, concerning the Protection of the Mining Interest.

Hicienda de Ultramar.

The king has been pleased to direct to me the following royal decree. Don Ferdinand, &c.

The Cortes having complied with all the formalities prescribed by the constitution, have decreed as follows:

Article 1. The duties called the "fifth," the "one per cent" and the seniorage," (quintos, uno per ciento, y Señorage) are abolished.

Art. 2. Instead of these is substituted a sole contribution of three per cent upon silver and the same upon gold, which shall be paid in the same form as has been pursued in relation to the "fifth."

Art. 3. Miners and persons interested in mining shall be subject to pay no other contribution except that of the mining fund of the tribunal general of the mines, when engaged in no other kind of industry, and concerned in no other kind of business: provided this is not to be understood as applicable to those general and municipal contributions, to which all other classes of citizens are subject.

Art. 4. There shall not be collected for coinage more than the actual expense of the operation, reducing the two reals which are now paid to what in the result shall be the true cost. In order to the adopting of a rule on the subject, the mean expense of five years shall be taken, and this shall furnish the rate for the collections for the succeeding five years, this appor tionment being renewed every five years. In case of a new coinage of money being established, an estimate of expense shall be formed which shall govern for the first year, correcting it at the end of the year by the results furnished by the accounts, and being governed by this corrected estimate until at the end of the first five years, they may adopt the mean expense during that time. To depositors there shall be returned in money the value of their metals in numerical order, without any other precedence or prefer ence the one to the other, and with no unnecessary delay."

Art. 5. The collection of eight maravadis per marc of silver which has been paid as the expense of refining, and of twenty six maravadis imposed upon the same quantity of mixed bullion, which is introduced under the name. of the waste of silver, shall cease.

Art. 6. The increase of silver, according to the laws governing it which results from the refining, and that which results from the reduction at the foundry from the loss of gold and silver, in order to alloy and reduce them to ingots, deducting the expense of the operation, also the product arising from the deficiency in weight or quality of the money, shall be passed over to the foundation fund of the body of the miners, and the income of gold and the actual waste of silver in the smelting house should be. deducted from the cost of the operation.

Art. 7. There shall not be charged for expenses at the smelting house more than two reals of silver per marc, which is now what the operation costs, making the reduction indicated in the previous article, insuring to the depositors all the gold which their deposits of bullion contain. When by an improved process the cost shall be reduced, there shall be returned in the same proportion to the depositors the payments made by them on that account, securing to them the gold in the same proportion, and being ready to effect the arrangement either personally, or in such manner as may be most convenient.

Art. 8. All that has been stated in relation to silver is applicable to gold, there being collected in the same manner for coinage one marc of silver as of gold, dispensing with the duty called "bocado," and reducing that on the assay to the cost of the operation, as in the case of silver.

Art. 9. Having once made and verified the payment into the national treasury of the duty of three per cent upon silver and the same upon gold, and the seals which verify the payment having been placed on the bars and wedges of those metals, the owners are at liberty to sell them or apply them to such uses as they please, without any limitation fixing the price.

ART. 10. The royal orders of 13th January, 1783-12th November, 1791, and 6th December, 1796 relating to freedom from duty granted as to articles of consumption at the mines, as well as the order of the Cortes of the 13th January, 1812 in respect to salt, shall be punctually observed.

ART. 11. All duties established during the revolution, as well upon articles of consumption at the mines as upon the metals in mass, and coined under whatever name they may be called, are abolished.

ART. 12. The government will be careful to remit the largest possible quantity of quicksilver, consigning it to the deputations of the miners, in order that they may make distribution among the miners, and that from time to time there be a sufficient amount sent to supply the wants of the same, providing in Mexico a sufficient deposit, in order that they may never be in want of the material necessary for their work.

ART. 13. From time to time the offices of skill connected with the mints and the smelting house and those connected with the assay at the mints either in or without the Capital, shall be filled exclusively by persons who have the acquaintance with physical science, chemistry and mineralogy, necessary to discharge the duties, undergoing a private examination by persons skilled in those sciences, and as to those which are on the list in the said establishments, the alumni of the seminary of the mines shall be preferred in the priority of admission.

These provisions are to be understood as solely applicable to North America.

Madrid 8th June, 1821.-Wherefore, we command, &c.-At the Palace on the 29th June, 1821.

EXTRACTS

FROM

President Taylor's Annual Message to Congress, December 4th, 1849.

I also recommend that commissions be organized by Congress to examine and decide upon the validity of the present subsisting land titles in California and New Mexico; and that provision be made for the establishment of offices of surveyor general in New Mexico, California, and Oregon, and for the surveying and bringing into market the public lands in those territories. Those lands, remote in position and difficult of access, ought to be disposed of on terms liberal to all, but especially favorable to the early emigrants.

In order that the situation and character of the principal mineral deposites in California may be ascertained, I recommend that a geological and mineralogical exploration be connected with the linear surveys, and that the mineral lands be divided into small lots suitable for mining, and be disposed of, by sale or lease, so as to give our citizens an opportunity of procuring a permanent right of property in the soil. This would seem to be as important to the success of mining as of agricultural pursuits.

The great mineral wealth of California, and the advantages which its ports and harbors, and those of Oregon afford to commerce, especially with the islands of the Pacific and Indian oceans, and the populous regions of Eastern Asia, make it certain that there will arise in a few years large and prosperous communities on our western coast. It therefore becomes important that a line of communication, the best and most expeditious which the nature of the country will admit, should be opened within the territory of the United States, from the navigable waters of the Atlantic on the gulf of Mexico to the Pacific. Opinion, as elicited and expressed by two large and respectable conventions, lately assembled at St. Louis and Memphis, points to a railroad as that which, if practicable, will best meet the wishes and wants of the country. But while this,' if in successful operation, would be a work of great national importance, and of a value to the country which it wouldbe difficult to estimate, it ought also to be regarded as an undertaking of vast magnitude and expense, and one which must, if it be indeed practicable encounter many difficulties in its construction and use. Therefore, to avoid failure and disappointment, to enable Congress to judge whether, in the condition of the country through which it must pass, the work be feasible; and, if it be found so whether it should be undertaken as a national improvement or left to individual enterprise; and, in the latter alternative, what aid, if any, ought to be extended to it by the government, I recommend, as a preliminary measure, a careful reconnoissance of the several proposed routes by a scientific

corps, and a report as to the practicability of making such a road, with an estimate of the cost of its construction and support. For further views on these and other matters connected with the duties of the Home Department, I refer you to the report of the secretary of the Interior.

EXTRACTS

From the Report of Hon. Thomas Ewing, Secretary of the Interior, Dec. 3, 1849.

PUBLIC LANDS IN OREGON, CALIFORNIA, AND NEW MEXICO.

No provision has yet been made to extend the laws for the disposition of the public lands into the territories of Oregon, California, and New Mexico. The public interest would seem to require that this should be done at an early day. To carry it into effect the negotiation of treaties with the Indian tribes who claim title to the lands, the creation of the office of surveyor general in each of those territories, and the establishment of land offices in convenient districts, will be necessary, accompanied with the usual appropriations for surveys.

In California such commission will be more especially necessary. Many of the older grants in that territory, of considerable extent, have been resumed by the sovereign authority, and are now held under new grants which require examination. Many important and commanding points are claimed under very recent grants of a questionable character; and but a part of the public records were, at the time of our last advices, in the possession or within the knowledge of the proper authorities. There is, however, a large amount of land in this territory, held by grants of unquestionable validity, and some of them, especially those granted for pasturage, are large, covering many square leagues in extent. A considerable amount also is held by inchoate titles, regular and fair in their inception, but which have not been perfected. These titles, where com nenced in good faith, by concession from the Spanish or Mexican authorities, ought to be favorably regarded, especially if followed by possession. In no case should the occupant of the soil suffer injury by the transfer of the sovereignty to the United States. This consideration has induced Congress to confirm inceptive grants, even where the conditions were not fulfilled, in all cases where it could reasonably be supposed that the government which made the grant would have waived or allowed further time for their performance.

This liberal consideration ought not, however, to be extended to doubtful grants of positions on the bays, islands, and headlands, which, when acquired, were known to be necessary to the United States as sites for forts, light

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