oth
Houses of Congress, and thus saved the public domain from the
wholesale spoilation that had threatened it. The bill was referred
to the Military Committee, and afterward became well known by its
title of "General Schenck's bill." It passed the House, but failed
in the Senate. It passed the House repeatedly at different session
of Congress afterward, although it never became a law; but it was
the timely and fortunate instrument through which the public domain
was saved from the wreck which menaced it in the hasty adoption of
a scheme which would have proved as worthless to our soldiers as
disastrous to the country.

CHAPTER XIII.
MINERAL LANDS AND THE RIGHT OF PRE-EMPTION.
The lead and copper lands of the Northwest--The gold-bearing regions
of the Pacific, and their disposition--A legislative reminiscence
--Mining Act of 1866, and how it was passed--Its deplorable failure,
and its lesson--Report of the Land Commission--The Right of Pre-
emption, and the "Dred Scott decision" of the settlers.

The action of the Government in dealing with the mineral lands of
the United States forms one of the most curious chapters in the
history of legislation. It had its beginning in the famous
Congressional Ordinance of May 20, 1785, which reserved one third
part of all gold, silver, lead and copper mines to be sold or
otherwise disposed of as Congress might direct. From this time
till the discovery of gold in California in 1848, the legislation
of Congress respecting mineral lands related exclusively to those
containing the base or merely useful metals, and applied only to
the regions now embraced by the States of Michigan, Wisconsin,
Iowa, Illinois and Missouri. The policy of reserving mineral lands
from sale was obviously of feudal origin, and naturally led to the
leasing of such lands by the Government, which was inaugurated by
the Act of Congress of March 3, 1807. The Act of Congress of March
3, 1829, provided for the sale of the reserved lead mines and
contiguous lands in Missouri, on six months' notice, but mineral
lands elsewhere remained reserved, and continued to be leased by
the Government. This policy was thoroughly and perseveringly tried,
and proved utterly unprofitable and ruinous. President Polk, in
his message of December 2, 1845, declared that the income derived
from the leasing system for the years 1841, 1842, 1843 and 1844
was less than one fourth of its expense, and he recommended its
abolition,