Undermining

“ When a miner sold a claim the verbal conveyance was sufficient, for men were honest and their word was good.
Theft was punished more readily and as severely as murder, for property could not defend itself ”

“ While we are piercing the bowels of the earth in search of gold, minerals and coal, there lies at our very door a mine of wealth which it is simple folly for us to ignore. True, the shaft has become choked with the rubbish of despair, vice and crime, which will take time, trouble and untiring patience to dig through. ”

“ And mind, if you dig for ore, you bring down other things in the debris, while if a miner hands you a lump, you’re not much more of a miner than you were at the start. You will find these laws represent perfect, equilibrated Justice. ”

“ Under the mining laws, each of you has as much right as my friend Scarlett, here, to a digger’s claim upon this field, provided only that you each obtain a Miner’s Right and peg off the ground legitimately. But I understand that the desire is to unite for mutual benefit. That is to say, you desire to pool your interests and divide the proceeds. The first thing, then, is for each man to peg off his claim. ”

“ When a portion of wealth passes out of the hands of him who has acquired it, without his consent, and without compensation, to him who has not created it, whether by force or by artifice, I say that property is violated, that plunder is perpetrated. ”

“ What wretched amends I can make must be made. I must clear my unfortunate partner’s reputation. I must retain nothing for myself. I must resign to our creditors the power of management I have so much abused, and I must work out as much of my fault—or crime—as is susceptible of being worked out in the rest of my days.’
‘Is it impossible, sir, to tide over the present?’
‘Out of the question. Nothing can be tided over now, Pancks. The sooner the business can pass out of my hands, the better for it. ”

“ Aged and discrepit miners, who had earned a livelihood from their holdings for years, and who had, in many cases, reared large families thereon, found themselves in the merciless grasp of these inhuman plunderers, and liable in the sundown of their lives to be deprived of property that had been their only source of income for a score or more of years. ”

“ But the miner is able to accumulate great riches in a short time, without using any violence, fraud, or malice. That old saying is, therefore, not always true that " Every rich man is either wicked himself, or is the heir to wickedness." Some, however, who contend against us, censure and attack miners by saying that they and their children must needs fall into penury after a short time, because they have heaped up riches by improper means. ”

“ And yet whenever I have inquired into the complaints which are in common vogue, I always find that the owners who are abused have the best of reasons for driving the men from the mines; while those who abuse the owners have no reason to complain about them. Take the case of those who, not having paid their contributions, have lost the right of possession, or those who have been expelled by the magistrate out of another man’s mine: for some wicked men, mining the small veins branching from the veins rich in metal, are wont to invade the property of another person. ”

“ It is difficult to imagine circumstances more favorable for crime. If I consult only interest, I ought not to hesitate to return the deposit. If I hesitate, in the system of interest, I am senseless, and I revolt against the law of my nature. Doubt alone, in the impunity that is assured me, would betray in me a principle different from interest. ”

“ Because, they say to us, ‘There are mines under you; you are not defending yourselves.’ We should close their lips if to-night we could send the news, ‘There is no longer a mine!’ For such a cause is it worth while to lay down one’s head or not? ”

“ But, alas! these unhappy people have not as yet reached the end of their sufferings; an obdurate purchaser, deaf to all the pleadings of distress, will be prepared coolly to make his advantage of it, and proportionally to enhance the ransom of his victim, till, by extorting an exorbitant price, he may plunge the unhappy relative from a moderate property into indigence, or, which is still worse, burden him with debts, which, sooner or later, will reduce himself, and perhaps his whole family, to slavery! ”

“ Then, the miner should make careful and thorough investigation concerning the lord of the locality, whether he be a just and good man or a tyrant, for the latter oppresses men by force of his authority, and seizes their possessions for himself ”

“ Shall the poor man's wrongs, and his little ones' cry for bread, and the widows' vain appeal for indulgence in necessity, and the debtor's useless hope for time—more time—and the master's misused bounty, and the murmuring dependants' ever-extorted dues—must the frauds, falsehoods, meannesses, and hardnesses of half a century long, concentrate in that small crock—must these plead still for bloody judgments from on high against all who touch that gold? ”

“ When outraged law is asked to administer justice to the scoundrel who has deluded thousands into buying worthless mining shares or some such swindling bait, the victims are told that the whole swindle has been legitimized by the great seal of the state, and that their loss is the profits of a business conducted by a licensed trader. ”

“ It may be asked how it was legally possible for a person to be deprived of his property, or even assailed in his rights, after having worked a mining claim in good faith for upwards of 25 years, and it is this phase of the situation that I shall take the liberty of explaining. ”

“ And if he cannot show that, he must show whether he has ever incurred the suspicion of any similar guilt; and especially, if possible, that he has committed some offence or other of some kind under the influence of some similar motive to this which is in existence here, in some similar case, or in an equally important case, or in one more important, or in one less important. As, if with respect to a man who he says has been induced by money to act in such and such a manner, he were able to show that any other action of his in any case had been prompted by avarice. ”

“ An unsophisticated and desperately ill miner, unfamiliar with legal concepts and practices, is at a severe disadvantage when he faces the expert lawyers of the Government or operators without professional assistance of his own. ”

“ Lest the toils of crime should stain it, or the thrall of guilt control—
Lest that "wickedness should alter the yet simple understanding,
Or deceit beguile his soul!"
"Lay not up on earth thy treasure"—they have read that sentence duly,
Moth and rust shall fret thy riches—earthly good hath swift decay—
"Even so," each heart replieth—"As for me, my riches truly
Make them wings and flee away!" ”

“ Opulence has two ways of this grosser sort, by which it may enable its possessor to command the man below him,—punishment and reward. As the holder, for example, of a large landed estate, or the administrator of an ample income, may punish the man who shews himself refractory to his will, so he may also reward the individual who yields to his suggestions. ”

“ You take advantage of this distress, and you force as much out of him as you can under the circumstances. The old barons of the middle ages used, in general, the thumbscrew to extort property; we moderns use, in preference, hunger or domestic affliction: but the fact of extortion remains precisely the same. Whether we force the man's property from him by pinching his stomach, or pinching his fingers, makes some difference anatomically;— morally, none whatsoever: we use a form of torture of some sort in order to make him give up his property ”

“ Two distinct causes, or classes of causes, lead to the concealment of treasure under ground: the feeble bury their wealth when they are oppressed, and the guilty when they are scared. As a general rule, we may assume that the treasure which is found buried in the earth has been placed there either by honest men when the law was feeble, or by dishonest men when the law was strong. The two classes of persons who bury gold are the robbed and the robbers. ”

“ For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment. ”

“ Thus matters drift to the almost certain conclusion of voluntary or compulsory winding up; and so many a good property is ruined, and promising mines, which have never had a reasonable trial, are condemned as worthless. ”

“ How a great estate may be ruined by indiscretion: There is that has a great deal, but it is destroyed and brought to nothing for want of judgment, that is, prudence in the management of it. Men over-build themselves or over-buy themselves, keep greater company, or a better table, or more servants, than they can afford, suffer what they have to go to decay and do not make the most of it; by taking up money themselves, or being bound for others, their estates are sunk, their families reduced, and all for want of judgment. ”

“ A certain Jarndyce, in an evil hour, made a great fortune, and made a great will. In the question how the trusts under that will are to be administered, the fortune left by the will is squandered away; the legatees under the will are reduced to such a miserable condition that they would be sufficiently punished if they had committed an enormous crime in having money left them, and the will itself is made a dead letter. ”

“ Where minerals are wrongfully severed and carried away, the damage is assessed by calculating the value of the mineral as a chattel and deducting the reasonable expense of getting it. But where the interference with property, whether real or personal, is attended by circumstances of aggravation such as crime or fraud or wanton insult, it is well established that additional damages may be awarded which in effect are penal or vindictive. ”

“ The gigantic accumulation no less than the general diffusion of wealth, with the variety of operations that accompany its profitable manipulation, has offered temptations irresistibly strong to evil-or weak-minded people, who seem to see chances of aggrandisement, or of escape from pressing embarrassments, with the strong hope always of replacing abstractions, rectifying defalcations, or altogether evading detection. ”

“ Not blue enough, mind you, to compel the sale of a big rising property at a sacrifice; but the sort of thing to make a man squeeze his small creditors all round, while still nursing his top class. So you see how it all fits in. ”

“ No, my Lords, for the valuable moments lost in a vexatious cause, for the public time consumed, for insult and outrage cast upon the immutable principles of right and wrong, you have nothing more severe to inflict than the costs of the action!—a pecuniary fine, seldom a heavy one, and not unfrequently to be levied upon insolvency! ”

“ Theft, however, like any other act of appropriation, sets up union between the person appropriating, and the article appropriated. Ownership, by the process of thought I have endeavoured already to trace, is in fact union; and injury inflicted upon a man’s property is in a literal sense inflicted on himself. ”

“ Applied to the genuine species, including bonds, bills, and notes, it implies a belief, that the debtor possesses sufficient property to redeem his obligation; applied to the fictitious species, it implies a belief that the government will sustain its own fiction or forgery. ”

“ I would encounter many obstacles—inadequate pumping machinery, bribe-hunting officials, superstitious workmen fearful of disturbing the earth dragon as our shaft sank deeper. If I could conquer in spite of everything, accomplish a miracle, and make the mine pay, then in addition to my salary I was to receive a third interest in the property. ”

“ A proper understanding of this exciting chapter in the life of Justice Field renders necessary a narrative of the litigation referred to. It is doubtful if the annals of the courts or the pages of romance can parallel this conspiracy to compel a man of wealth to divide his estate with adventurers. Whether it is measured by the value of the prize reached for, by the character of the conspirators, or by the desperate means to which they resorted to accomplish their object, it stands in the forefront of the list of such operations. ”

“ At court, the rich, powerful and influential miners or land holders, always discovered pliant tools who were ready by intrigue and corruption to smother the cry of discontent, or to account plausibly for the murmurs, which upon extraordinary occasions, burst through all restraints until they reached either the Audiencia or the representative of the sovereign. ”

“ All the usurpation, and tyranny, and extortion, and robbery, and fraud, that are involved in the monopoly of money are practised, and attempted to be justified, under the pretence of maintaining the standard of value. ”

“ These different motives produce the excesses which men are guilty of in the negligence of and provision for themselves. Usury, stock-jobbing, extortion, and oppression, have their seed in the dread of want ”

“ And now all his creditors stand there prettily, and open their mouths; all the things in the house are hardly worth two farthings; and out of the house they find, as the only indemnification—a calash! ”

“ The mills of the law may grind slowly but the mills of the public must grind promptly or not at all, for there are many other grists pressing to be ground. Hence often the offender, if he dodges into obscurity and waits till the gust of indignation is over, goes unpunished. ”

“ Whence comes this shameful degradation of heart and mind to which so many fall victims, if not from the misery and abjection into which property plunges them? Property makes man a eunuch, and then reproaches him for being nothing but dry wood, a decaying tree. ”