In looking at a patent (an original deed) from George (I) to Benjamin Rush, for land in St. George's Parish of Spotsylvania County in 1726, I find that no reservation is made by the King for minerals of any type. (This patent is chosen just because it was the first one that I picked up from a pile of patents.) Now, I am running on memory here, but I believe that Spotswood explained this situation as follows:
Originally the patents did make a reservation of minerals for the King. At some point in time, the language was changed and the subject of minerals was omitted unintentionally in the patents. In the Northern Neck, there was an agreed division between the patentee and the proprietor, and perhaps the crown.
The danger, as Spotswood saw it, was that minerals would be found and the Crown would stand on its ancient rights and demand all of them. Spotswood pointed out that, in the Northern Neck, patentees were protected, and people were encouraged to look for minerals there because of the perceived protection. They were neglecting to look on the lands of the crown because they perceived the danger of having it all taken away from them. Spotswood's argument to the crown revolved on the point that, to encourage searches on the crown's land, the crown should make it clear that the finder would be protected to a least a certain percentage.
In London, Col. Blakiston pitched Spotswood's arguments before the Board of Trade. Orkney even made an argument. The Board of Trade had some of the Virginia merchants testify. Generally, everyone seemed to be in favor of a fair division between the finder and the crown, as that would produce some revenue or income for everyone. Strangely, the records become silent on the topic, and nothing more is heard.
This may be because this was about the time that Fontaine, Spotswood, and others had evaluated the proposed silver mine, and concluded that it was a bust. Spotswood may have given up the effort because it was now a moot point as far as he was concerned.
When Spotswood thought, for a while, that he and fellow investors did have a silver mine, he was very insistent about getting their rights clarified. Until there was an agreed division with the crown, he would not let the Germans work the mine; however, it appears he eventually did let the Germans work on the silver mine for a short while, because Fontaine seems to imply that some work had been done on it.
When Queen Anne was still living, she was presented with petitions which clearly stated there was an interest in silver, and which showed that a clarification of rights was needed. Those people who say that "silver" was a cover up for "iron" have not counted all of the times that silver was specifically mentioned to the highest authorities. Lying to one's monarch will cure head colds.
(05 Nov 01)
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