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Mr. MASON. But it would not be known whether they were mineral lands or not until they were appropriated. I suspect there is a large portion of the surface of the State of California which has not yet been explored, which will be found to be quite rich in mineral wealth.

Mr. GWI N. The mineral region is well defined; and there is no act of Congress, and I am not in favor of passing an act of Congress, appropriating any portion of the mineral lands. All our legislation has been carefully guarded in this respect; and the surveyor general has received express instructions to make no surveys of the mineral region.

Mr. MASON. But these lands are to be appropiated to California, whether surveyed or unsurveyed.

Mr. GWIN. But if the State takes mineral lands, the very words of the law will make the selection void.

Mr. MASON. I am much at a loss to know how the grant could become void after the title had become vested in the State of California, by a subsequent discovery that the lands were in fact mineral lands.

Mr. GWIN. I do not wish to have the further consideration of the bill postponed, or I could show to the Senator at once that the mineral region of California is strictly defined, and is well known there, and no public surveys are going on in that t section of the State, nor will there be any until t further action by Congress.

Mr. MASON. I am perfectly willing to take the word of the honorable Senator from California for anything about which he is certain; but I submit that he cannot be certain whether the line of the mineral lands is well defined or known. It is a matter of conjecture. It may be that the boundary of the mineral lands is such a parallel, or such water-courses, or such mountains; but it is conjectural, purely conjectural; and the State of California may have boundless mineral wealth in other portions, for aught we know.

I do not mean to throw any embarrassments in the way of the bill; but I suspect that the honorable Senator who moved it, and who is chiefly interested in it, will find that unless we go far beyond the hour assigned for the special order, we cannot get a vote today; for I shall feel myself bound to give my reasons for the opposition which I shall make to the bill. I will do so when the bill is ready for its passage. I think, however, that the amendment of the Senator from California may place it in the power of the State of California to appropriate these mineral lands, to the exclusion of the Federal Government.

Mr. FOOT. I hope the question may be taken without further debate.

Mr. GWIN. I have modified my amendment so as to read:

Provided, That the State of California may locate her portion of the said lands upon any of the unappropriated lands in that State, other than mineral lands, and not then occupied by actual settlers.

The amendment was agreed to.

The PRESIDENT. The question now is on ordering the bill to be engrossed for a third reading. On this question the Senator from Mississippi has asked for the yeas and nays.

Several MEMBERS. Let them be taken on the final passage of the bill.

Mr. HAMLIN. I understand that the Senator from Virginia proposes to discuss the bill; and I would therefore suggest to my friend from Mississippi that it would be equally as well to take the yeas and nays, after the Senator from Virginia has been heard, on the passage of the bill.

Mr. ADAMS. I have no objection to withdrawing the call until the question comes up upon the passage of the bill.

The bill was ordered to be engrossed for a third reading.

Mr. MASON. I am perfectly willing to make now the remarks which I feel myself required to make in explanation of my vote upon this bill; and I really do not wish to embarrass at all the action of the Senator from Vermont. It is, however, now after one o'clock, and I therefore move to postpone the further consideration of the bill until to-morrow, and call for the order of the day.

The PRESIDENT. If the Senator objects, the bill cannot have its third reading until to-morrow.

Mr. MASON. I object.

The PRESIDENT. The bill must go over until to-morrow.