General Mining Act of 1872 - Western Miners' Codes

Western Miners' Codes

Miners and prospectors in the California Gold Rush of 1849 found themselves in a legal vacuum. Although the US federal government had laws governing the leasing of mineral land, the United States had only recently acquired California by the Treaty of Guadalupe Hidalgo, and had little presence in the newly acquired territories.

Miners organized their own governments in each new mining camp (for example the Great Republic of Rough and Ready), and adopted the Mexican mining laws then existing in California that gave the discoverer right to explore and mine gold and silver on public land. Miners moved from one camp to the next, and made the rules of all camps more or less the same, usually differing only in specifics such as in the maximum size of claims, and the frequency with which a claim had to be worked to avoid being forfeited and subject to being claimed by someone else. California miners spread the concept all over the west with each new mining rush, and the practices spread to all the states and territories west of the Great Plains.