"
At a later day the court took up the doctrine, that the precious
metals belonged to the State by virtue of her sovereignty, and
exploded it. The question arose in Moore vs. Smaw, reported in 17th
California, and in disposing of it, speaking for the court, I said:
"It is undoubtedly true that the United States held certain rights of
sovereignty over the territory which is now embraced within the limits
of California, only in trust for the future State, and that such
rights at once vested in the new State upon her admission into the
Union. But the ownership of the precious metals found in public or
private lands was not one of those rights. Such ownership stands in
no different relation to the sovereignty of a State than that of any
other property which is the subject of barter and sale. Sovereignty
is a term used to express the supreme political authority of an
independent State or Nation. Whatever rights are essential to the
existence of this authority are rights of sovereignty. Thus the right
to declare war, to make treaties of peace, to levy taxes, to take
private property for public uses, termed the right of eminent domain,
are all rights of sovereignty, for they are rights essential to
the existence of supreme political authority. In this country, this
authority is vested in the people, and is exercised through the
joint action of their federal and State governments.
Pages:
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164