Free and Open: The 1872 Mining Law · Episode 1 of 10 · 10 min
Free and Open: The Law That Gave Away the West
In 1872 Congress declared the minerals under public lands free and open to exploration and purchase, and the law still stands. The episode returns to its world: Gold Rush camps writing their own claim rules, a Nevada senator who served the mining industry turning those customs into federal law, and a Congress eager to settle the West at any price.
Who's who
- William StewartNevada senator and mining lawyer; wrote the 1866 and 1872 mining laws
- Ulysses S. Grant+8 more episodesPresident who signed the General Mining Act on May 10, 1872
- Jerome ChaffeeRepresentative whose name is attached to the 1866 mining law
Where it happens
- Elk City, Idaho+5 more episodesGold camp inside the Nez Perce reservation; site of the 1976 confrontation
- Nez Perce National Forest, Idaho+4 more episodesWhere armed miners ordered two researchers off a study site in 1976
- Pierce, IdahoGold camp that rose illegally inside the Nez Perce reservation
Timeline
- 1849California Gold Rush begins; miners' districts write and enforce their own claim codes
- June 1863Lapwai treaty cuts the Nez Perce reservation by roughly ninety percent
- July 1866Lode Mining Law, drafted by Stewart, ratifies district custom as federal law
- May 10, 1872Grant signs the General Mining Act, consolidating the 1866 and 1870 laws
- 1920Mineral Leasing Act moves coal, oil and gas into a royalty system; hardrock stays under 1872
- August 27, 1976Three armed members of a mining family order two federal researchers off a study site
Still debated
Historians differ on whether the 1872 terms reflect capture by mining interests, given Stewart's conflicts, or simply the era's consensus that giving land away was sound policy.
Connected episodes in other series
How America Gave Away Its Public Land and Kept the BillThe Uncosted West · Episode 1Also features Ulysses S. Grant
Measuring Trees at GunpointGround Truth: Forest Service Research · Episode 9
Why the Sioux Refuse Over a Billion DollarsAs Long as the Grass Grows · Episode 9Also features Ulysses S. Grant
Gunpoint in the Nez Perce: The 1976 Patrin Mining-Claim StandoffPower of the County · Episode 5