People frequently ask me how the young miners were able to protect
their claims and property during the early days of the Gold Rush. No
law existed although there was a Sheriff whose real task was to
collect taxes. California was so new a state that few laws
especially related to mining had been adopted. There was no
experience in American law to craft such a body of rules since never
had there been such a set of circumstances. Even on the property
claimed by Fremont, the real owner was clearly the United States
Government by virtue of the agreement with Mexico. No claims, both
by Americans and by Mexicans, had been adjudicated. While the treaty
called for the recognition of land rights by previous citizens of
Mexico for their land grants, the American Government had yet to make
those judgments. The California Lands Commission was formed to
process those claims for private ownership and Fremont filed case
number one. The whole gold rush in California was talking place on
the government property with no protection being offered for the
people of the United States rights.
The gold, the silver, the water, the timber, the land all belonged to
the people, yet no one was there to be concerned. It was El Dorado,
the pot at the end of the rainbow, the silver thread among the gold,
and it was all for the taking. But sometimes what was one miners
property tended to be found in another mans possession. So what to
do? At first the issue was settled between the individuals, but that
did not seem satisfactory, especially to the one who lost the
argument. So it became necessary and understood that a set of rules,
laws if you like, had to be developed to protect the individual and
the community. Since neither the state nor the Federal Government
exercised authority, the community of miners saw fit to write their
own rules.
Imagine, if you will, a county without a Sheriff's office to respond
to a rattle snake on the porch, or a constable like Eddie Mankins who
would get the neighbors cow out of your garden. I have lived during
a time when one took care of one's problems without a call to the
county. Until the middle 60's the Sheriff's office was in the Court
House, had one telephone and closed at 5 PM M-F, closed on weekends.
If you had to have the Sheriff, one would call him or the
Under Sheriff at home. The miners in Mariposa during the Gold Rush
took care of their own problems. Once in a while a civil matter
would go before the Court of Sessions, but little else.
To structure rules regarding mining, a set of laws were adopted on
March 1, l851, roughly six months after California became a state.
Two hundred and fifteen miners agreed by signing a compact that
would govern life in the mines. Very similar rules were adopted in
most mining camps along the Mother Lode. By June of l851, the Quartz
Convention met and adopted universal rules which applied throughout
the region. Held in Mariposa County, the convention was reported in
San Francisco in the Daily Alta California on June 30, l851.
Among the provisions of the compact was that "Every man has the right
to one claim (concession to mining land) of twenty-five feet along a
watercourse, of whatever kind, and from one ridge to the other."
Following that water was addressed by stating that "the holder of the
claim has the right to drain the water from the lowest part of the
subsoil."
Punishment was rather draconian. "Whoso willfully does wrong to
anyone to the value of $50 shall be hanged by the neck until death
shall ensue." Lesser infractions would be the followed by strokes of
a switch on the fleshy parts of the body, stripped." The number of
strokes was left to the discretion of the judge. Repeat of an
offence could result in hanging, the theory being that if a good
whipping two or three times probably did not do any good, the poor
soul was never going to be a good citizen. Banishment from the
county could also be a punishment but the return could also result in
hanging...
Thou shall not kill, except in self-defense. Anyone approaching a
cabin or claim after sunset without calling out can be justifiably
shot. It is forbidden to kill needlessly a domestic animal. First
offence a fine and if not paid, three to fifteen lashes. Finally,
these articles, and a few others, would remain in effect until the
government of the United States should be legally installed. Methods
were provided for amendment of the laws and in case
something occurred that was not otherwise covered, a jury of nine
members acceptable to both parties would be formed and no appeal to
the judgment.
Two hundred and fifty persons signed the code.
The only communication media in l851 was either the newspapers in
San Francisco or Stockton. The Stockton Times made its way to
Mariposa usually with the mail carrier. While the news was not
fresh, it none the less was new news of the outside world. Families in
the east would send local newspapers and miners would receive many
issues at one time. By the time they were passed around the
diggings, they were well worn out. Letters from home might take six
months.
On June 25, 1851, because of the shifting to hard rock mining, The
Quartz Convention was called for Burns Diggings, the name of which
soon changed to Quartzburg. Burns Diggings was started by John and
Robert Burns, who in partnership with Amos and Resin Widner, arrived
early in 1849, claiming 2000 acres of grazing land and placer mining
ground in the area. Mr. and Mrs. Thomas Thorn and family arrived in
the fall of 1850 and established a store and hotel on Burns' Creek
about ½ mile south of the Washington Mine. The Burns brothers
departed the area and the name was changed. A U.S. Post Office was
established in l851 and discontinued on February 2, l861.
The placers ran out in the area and most of the
miners moved on to Quartz mining at the various mines in the area.
Many others established the cattle ranches that still dot the area.
The Mariposa Quartz Convention at Quartzburg, which adopted a
civilized set of mining rules on June 25th, l851, stuck to the
business in mining. This set of rules did not address hanging or
flogging, was crafted by the leading citizens of the county who
realized that industrial mining was the future. Probably the most
important item discussed was the ownership of veins which stated that
the discoverer was given title to the vein its full length. The
owner of the vein was given surface rights for the purpose of setting
up mills, opening of the tunnel or tunnels, air shafts, running a
ditch and locating housing units for miners. Parts of a vein could
be transferred to others but ownership would have to be clearly
defined. The finder of the vein had six months to work the claim in
good faith and file the location with the County Clerk's office. The
resolution reached was published widely through out the state and
copies given to all levels of the new state government of California.
The compact was signed by Thomas Thorn and Judge John T. Temple who
were President and Secretary respectfully.
Leroy Radanovich
Leroy Radanovich Email:
Leroy Radanovich
To learn much more about Mariposa County along with
historical photos:
A signed copy of "Images of America" - Mariposa County,
By Leroy Radanovich can be purchased at his web site:
Radanovich Galleria & Books
This is a early day photo of the Mariposa Mine in
Mariposa County
that is mentioned in the article to
the left by Mr. Radanovich.
This photo and others can be purchased in various sizes.
All prints are archivally printed on fiber based paper, given a selenium wash which renders the photographs permanent with a
warm tone ready for framing
Radanovich Galleria & Books
Mariposa in 1920
This photo and others can be purchased in various sizes.
All prints are archivally printed on fiber based paper, given a selenium wash which renders the photographs permanent with a
warm tone ready for framing
Radanovich Galleria & Books
Mariposa County Courthouse written by Leroy Radanovich and
Scott Pinkerton is a book about the oldest courthouse in California that is still in use today.
The book is signed by Leroy Radanovich.
To purchase the book:
Radanovich Galleria & Books
Mariposa in 1860
This photo and others can be purchased in various sizes.
All prints are archivally printed on fiber based paper, given a selenium wash which renders the photographs permanent with a
warm tone ready for framing
Radanovich Galleria & Books