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Collection: Newspapers > Nevada Daily Transcript (1863-1868)
August 19, 1864 (4 pages)

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Page: of 4

4
’
FRIDAY MORNING, AUGUST 19th
—
PIPE A phan ond
ABRAHAM LINCOLN.
; FOR VICE PRESIDENT.
“ANDREW STOHUNSON:
Tut SPectaa Cowrnact Act.— The
“highest judicw! tribunal of the State has
“passed upon the Special Contract Law—
declaring it constitutional. A perusal of
the decision of the Court upon this question
would convince any man of the loyalty of
the Judges, and a cureful survey of the arguments by which the position of the Court
1a_ established will force.an unprejudiced
mind to. the conclusion that the decision iscalculated to promote justice, and further,
that it is not in contravention of any national
law. The decision of the Supreme Court is
full and final. We should not attempt a
defense of it were it not for the fact that the
Democratic Press, Marysville Express and
other copperhead joureals asseverate that
. the decision places the State in a position
=
, tender
antagonistic to the Government. Nor is
thie all. Many Union men appear. to entertain thé opinions enunciated by those pay
pers.
The case involving the covstitutionality of
this law was that of Carpentier vs Atherton.
It wae appealed from the-TFwelfth—District
Court which affirmed the law to be constitutional. Defendant had given a note promising to pay a certain amount in gohi coin.
When due he tendered the amount in greenbacks which plaintiff refused to receive and
commenced auit fur the recovery of gold
coin, ~Judginent was given in favor of plaintiff, and defendant appealed the case pron
Supreme Court affirms the decision the
Court-below,. and very. diatinctly declares
“that the law is constitutidnal-and that contracts under it must enfurced by the
Courts. The opini was written by. Judge
Curry and concurred in by Rhodes and Shaf»
ter, and an able supplementary opimon, writs
ten by Sawyer, is alan given,
_ Probably no decision ever rendered by the
_ Courts of this State is of such immense importance ae thie, becuase the fiaunces of the
entire State are affected by it. ‘The uncertainty in the public mind before the question
wae settled by the Sapreme Court, prevented eapitaliste from loaving their money upon
the best securities. Now that the question
is sestled we may Jook for amvre flourishing
condition of things in this Stute.
We propusé'to give some of the grounds
upop which the decisiva of the Supreme
Court ie based. By the laws of Congress
the courttry is furnished with three kinds of
woney, gold, silver afd United States nutes.
Mouey made by the coinage of gold and ailver ie a legal tender preacribed by law, and
gteenbucks dre neo made, by virtue of alaw
passed by the National Congress, a legu!
Congtess required certain obligations, imposed upon citizens, to be discharged'by the payment. of coin. The enin ne.
cessary for this purpose cannot be obtained,
unless payment is made in that kind of money.
Judge Sawyer, in his able opinion, gaye:
‘Neither, so far ae we have been enabled to
discover, bad * there ‘been any” restriction
placed upon thé cupacity or right of parties
to contract with reference te these sever),
kinds of curtency, or te other speciea of
property, other than is hef@inafter specified.
On the contragy, the law expressly recogniges contracts fur the dehvery of gold coin.”
He cites.» law. of Congres, passed March
3d, a which recognizes the validity of
such cuntracts and regulates the mode of
making them.
Abdther law'of Congress 18 algo cited, au.
thoriztng the Secretary ot the Treasury to
redeive deposits of gold coin and bullion
with the Treasurer and Assistant Trensurer
of the United States; in suths not fess than
twenty dollars, and issue cirtifcates therefor inideminatiotie of not less than twenty
dollars each, correaponding with the dvnominations of United States notes. The
ool and bullion deposited for or representing the certificates of deposits to befretained
in thé treastry for the paymeut of the aatie
on demand,
Upon this law Judge Sawyer mak’s the
following comments: es
“For the convenience of the pec ple,the of introducing into China thir"thederndims
Government consents to become a depository
of their coin) when desired by the owner;
andupon ade
ie authorized c
‘to the owner, payable in gold goin, The
‘
>
boc
=
:
t of gold coin the Treasurer
issue & certificate of deposit
for the pay
Fs,
ee
pository of coin fur its citizens, if,was necesenty ty do ae other bankers oF persons
receiving deposits deoenter into a contract
to returo the deposit.m like funds. These
into circulation in
transactions. And why shuuld not a banker,
in the absence.of. any law ot agora euch
traneactions, receive gold coin on deposit,
and when he has done so and issued 4 certificute showing the fact, and agreeing in consideration t¢ to repay the same in gold
oa ae to be
why should not patty whu hue borrowed
gold_on the faith of hie agtrementto return
the loan in-tike kind, be required to perform
hfa solenm ubligation f Guod faith and good
morals demand it. No law prohibits it, or
prohibits making such contracts; the Government hag made nv discrimination through
the law-muking power in favor ut one kind
of money against another. It makes such
contracts itself with the citizen, and expresely recognites cuntracts between citizens for
the purchase and sale of coin. * * * *
Coin is lawful money. A party may lawfully pay hia debts in com. He may, at his
election, waive his right to. payin anything
else, either with or without cunsideration.—
The only question is when he shall exercise
his right to make his election or waive his
privilege; and when he hus made bis election
and inserted it as one of the essential terms
and conditions of his contract, for a full at
adequate consideration, there seems no
good reasons in morals or public y why
he should not be compelled te le by his
election and the express tern
ment. Such contracts then are valid.”
That part of the decision in relation to
coin contracts, concludes as folluws :
ment to pny in coin 14 as much
he consideration as the agreement
at all, and the presumption is that an
ple equivalent hws been received forthe
promise. The partics, then, are. competent.
to contract—the contract ia net against. publi¢ policy—it is not prohibited by law—is
yayable in a lawful-kind of woney, and iaa
uwful contract.”
From the above extracts it will be seen
that the Specific Contract Act is not in contruventien of the law of Congress making
greenbacks legal tender, but in perfect h»rmuny therewith.
Tue PeNNsyivani@ Compaxy.—The
quartz ledge, near Coyoteville, owned by
this company, prothises to yield handsomely,
The lead wae worked several years ago, but
was abandoned for want of necessary funds.
Recently a few working men took it in hand
and Commenced work upon it, They run in
debt to the amount of $1,800 before they
obtuined a cent. A few months since, sume
of the rock taken the ledJe was crushed,
and it paid $2,300, Since that tine the
work bag been pushed forward vigorously.
They have now about fifty tous of rock out,
which will be crushed next week. Should
this pay as wells theewners expect, the
company will have funds to go
to work to advantage,and the lédge W
be considered a permanent paying i st
tion. ’ —
aaa
AN Errective Wearow.—A Chinese
murder case is being tried in San Francisco.
The instrument with which the murder is
alleged t@ have been committed. says the
to the Mexican “‘Iasgo” or the “garote,"\and
consists of a hollow cylinder of bamboo, about
fourteen inches long and two inches in dix
ameter. Through this is passed a cord with
a slipnoose at one end, which, being thrown
over.the head of the vietim.aad around hie
threat, forme a most powerful and deadly
instrament. ; .
cord, at theeame time pushing the: bamboo
with the other. This not only gives him a dou‘. ble purchase, but ale enables him to stand
beyeud the reach GBangwWeapons his victim
might buld, and “ide he might attempt to protect hidiiedi— > Nor tan his vice
tim cut the cord—the hollow bambea cov.
ering it aa far as the victim could -reach.
Springtivld Republican states that Yung
Wing, a young Chinée-, who graduated some
10 yenrs siuce at Yule, and-then went back
tu Chiua, haa recently returned'te this country with the rank of Mandarin, and a voinempowering him to inspect and purghase
T machinery of vatious kinds, with the view
provemeuts in science and arts made by the
Weateru nations, and especially ofr own.
Francisce market:
Ovi ® i
coin deposited in ite treasury upon any terms;
the coin becotiie subjects of commercial
in these acts recdg the propriety of such
und by his contract. —AndBulletin, ie culled Sok-thong, which answers . J
The assassin pulis with one hand at the
A. MANDaaiN “aT whe -East.—The
wission from the Tmperial Governaient,
Limes are bigh and scaree in the San
&EO thew
ies '
miles from the ¢ eapita
of the 14th, an advance was made by our
troops. The tebels. were driven back toa
stronger position. The Union troops told
their
a
b
Wakes
My, “Kdvices trom Deep Bottom to 7a.
Considerable fighting occurred during the
day, the rebels being invariably driven back.
Advices
ment to the 170}. say that the febel Early
iaat Strasburg. posted in a strong positivn,
a ey
Sheridanis‘clese upon him. —_.
Notbing important from Atlanta. Hoed
has been remforced. Operations have settled into a trgularseige. Sherman is strongs
ly intrenched and gradually. extending his
lines around the city. ot
The flank movement north of the James
was progressing finely of the 16th. The
8 state that General Sheridan
back to Winchester, where he will
fortity and act ou the defensive.
County Counr.—The People vs Crawford. Sente to pay a fine of $300 or
go to jail for 150 ‘$
The People vs J. MxMoose. Verdict of
guilty of aseault with intent to do great bods
ily harm. ‘To be sentenced this, morning at
100’clock. Jury discharged for the term.
How Nature Covers vp BaTrieFie.ps.—" Did £ tell-you ever, among the
affecting little things ene is always seeing ip
these stirring war times, how I saw on the
‘Bull Run battle-field, penen pure, delicate
flowers growing out of the empty ammunitien boxes, and « rose thrusting up its graceful head through the top of a Union drum,
which doubtless sou _ its last charge in
thet battle, and a cunning, scarlet verbena
peeping out of a fragnient wf bursted shell,
in which strange vase it had been plunted ?
Wasn't» that — growing outof war?
Even so shell the graceful and beautiful ever
grow out of the horrid and terrible things
that transpire in this changing but ever ad~
vancing world. :!
Nature covers even the battle grounds
with verdure and bloom. Peace and plenty
spring up in the track of devouring campaigns, and all things in Nature and society
ehall work out the progress of mankind.”
Huw Tom Losr Hts SuHeer.—An old
farmer in ‘Tennessea sent bis son ‘Tom to
Memphis with a flekiof sheep to sell. Tom
‘sold the sheep and got the money, but falling
in company with some “sports” who had the
prpecee of mind to hold better bands than
did, he was “cleaned out.” Tom went
home, but avoided the old man. He
hie mother, however, of what had befailen
him. and she teok the news as gently as she
could to the master of the manor and-of the
sheep pasture. The old man raved, and Tom
very judiciously continued to keep out of the
introdue
ced. they became quite merry. This was
Tom's unity. He fushed inte the
room, ng four “kings” in his haad,. and
exclaimed :
“Father would
® hand as that 1”
Bet? Guess I would. I'd bet every cent.
what became at the eheep. The uther feller
had four aces!" ‘dts
The old man waa epeechices.
A Cutt Wivow.—it is related that a man
wn his death bed called hie wife to bim and
paid
“T leave’ my horse to my patents; sel! him
eae a ae ein aet for him over to
. But my ve to : dis
ot = as you think best.” a asing
he wife promwed to obey. So, in due
time after the death of her » she started
out te find a market for her animals.
inquired « farmer.
“I ‘ennnet sell the horse alone,” she res
plied, “but E will sell the dog and herse at a
tait price fur beth. Give me one hundred
duilurs for the dog and one dollar tor the
horse, and we can trade.en these terms.”
‘ rag the cute widew conscieatiously pai
o
for the horace, and kept the one hindred
dollars she received for the dug, with the
At Little York, Au i7th, 1864, Rev.
Bisco RURRE: Be hadstary ev reene
Accompanying the above notice we received a
hountiful supply ofe champagne. Our
friend tind hie bride have our best wishes for
—_ happiness long life. May.
See
%
position in front of the rebel works. _.
lines have been advanced nearer Richmond. . "
fom Sheridan's Departs .
well protected against flank movemente.— ‘
way, %
One day the farmer bad a friend to dinner,
“. and some spirituous potations bei
you bet anything on such ~~
“Well.” said Tom, with a sigh, “that’s . io
“How much de you ask for your horse ?” . of the
parents the one dollar she received . 4
. her smiling and joyous . b life, and} . See). All Ordinances or parts of be eMail end nye frongh ina en Ont eat Oran
enny ee
do D Hirsher Washingtn
T F ¥. Al
styler % “he te
5 Denueet do y! Brecre Drment ait
A Heyes do. C dectice a,
H Ba mento KE Devel Grass Valey—~
Falter 2 ae es L, Salley Au
‘Rooms on west Pine street.
w Rannan Selby Fiat
asa snare
U. 8. REVENUE. —
ASSESSOR and COLLECTO
Of Internal Revenue,
Has been Removed to the Jewelry Store of W.
C. Randolph, in the Masonic Building,
‘Corner of Pine and Commercial Sis, :
8. B. DAVENPORT, Cullector.
Sth Division, 4th District.
SCHOOL NOTICE.
Y order ofthe Trustees of Nevada Sehoo}
District No. 1, the Listrict is divided into
pee anaes” Layee Wards, as follows :—commenefng at the north end of the Wire Suspension Bridge on Pine street, thence along the cenJ of Pine to Court ceicyia arta. _ and
streets to a 1 ence
» thes to Washington street bridge,
ce in s ht line to the centre of East Su
ar Loaf Gap, in a Jine due north to the
uth Yubarirver. Allorthat part of said Disbn ring wrest of sald line be be_ known as
1 * seholara ot primary 2
ment rediding” in Ist Ward will Reena treat ore
All scholars of
in Ward No. 2 wili
School House on
alé
piimary departmedt residin
attend in basemont of
Nevada street. :
The fellowing rate bills are ordered :
$2 00 per month for High School.
130. de Intermediate. .
100 =do Primary.
All sehools of the District will commenee on
Monday, August 29th, 1864. ;
fe yhreeee Depart rw mira” or ment. . Ww. “
A.G. PIER:
* §. F. SPENCE,
Nevada. Aug. 19. Trustecs.
a waship of Nevada, as.—
By virtue of au Lixecution te me delivered, iesued from the court of E. W. Smith, Esq. an acting Justice of the Peace, im and for the county
aforesaid, date Auguat: 17th,’ 1864; to
satisfy 2 judgment render said Justice of
the — ae haraa day of st cong . ot
vor of Jo: agains e
Wu. Weeks, W. K. Pressey. Fred. Senner a
others compesing the company known as the
fess re ated ere the oe
o ¢ res' costs o
euit AS en in Wacrericns aud will sell
to the highest bidder for cash the following de
scribed property to wit -—Ail the ht, title.
Pg wry ene Wm. Weeks, W
, as the Gold Run
of Gold Kun’ and near r the residence of
attached to said claims. 1
front of the Court House door in Nevada city on
tweet the hours OED Sidock A Mand SB.
Taken as the property of the above defendants
to satisfy the above demands and curving coats
al? 3. B. GRAY. Constable, N. T.
“ 4
eounty of Nevada, ss. Pi civeme of on
Sunrteneens
2 ee the
C’ Tabor to satiety the above.
eruing costs. oe
A s
county of N ‘
weit of he apy .
the court of W. C: Holt, thet oa
virtue of a
Peace,
lot of land known as to that certain
Ranch. situated on and
“0. D
Cy 4 .
John Caldwell bt Atty.. oo
A om
pH Baa y of ada do ordain
we called the Washin
. twelve rods, thence souther!
: easterly nine rods to said turnpike road.
————
, esunty of Neveda, se. -By virtue
execution to me delivered, isu the
Court of E. W. Smith, Esq., amacting Justice
ofthe Peace, in and for the gounty aforesaid,
bearing date July 12th, 1864, fo satisfy a judgment , by sald Jus OF the Pfece . on
the dey of June, 1 favor of Hodge &
st Wm. Kent for the sum of
= 79 debt, interest, damages atid costs of surt,
PY havetaken ia execution, and will sell to the
real estate to wit: All the :
est of Wm Kent in and to that certain Jot or pareel of land situated, lying and being in pe township of Nevada, county and State. aforesaid,
bounded and described as foliows : Commencing
at a point on the wester!. line of the Turnpike
from Nevada ~~ 40. Washington,
n Turnpike road, where the
road it being the north-east
of said lot, and from these ranang wester
ly twenty-five rods, thenec southerly. following
the line of said lot twenty rods. thence easterly
eorners on 8
seven roads,
thenee following suid turnpike road northerly
being the premises on which Wm. Kent and fam.
ily now reside.
Also that certain lot ur parcel of land situated
in Nevada city, Nevada te Pe a State of California, bounded on the nort
feet two inches, and exteading scutherly
said Commereial street thirty feet more or
} léss, and vounded on the west by the iot of
Downing and on the east by the lot known as
the Hirshman lof, the said lot being the same on
which stands a frame building and known as
Kent’s,lot. 1 wil} sell the same in front of the
Court House dour, Nevada city, on Friday,
the 19th day of August, 184, between the hours
. Of 9 o'clock, A. M., and 5 o’clock, P.M. .
“Taken as the property of Wm. Kent to satisfy
the above demands and accruing costs.
‘ J B. GRAY, Constable. .
july 20 Nevada township.
The above sale is postponed to Monday, Aug.
29th, 1864, by order-ot Plaintifi’s Attorney.
al?’ ~J. B. GRAY, Constable.
Comanche Quartz Mining Ce,
Nevada county, California.
OTICE is hereby
quent_upon the following stock of the above
company on account of assessment levied
June 20th, 1854, the several amvunts set op
Fo the respective shareholders, names as fol*>
Names. No. Certif. No. Shares. Am’t,
WA. Bégole.'... 6.. +40 100 $1006
PS eae _ lee 1000
Jd. EK. Squire.-... 9 100 1600
J. EB. Squire.. ..06. 10 Fd 5 00
NLR. an 11 10 160
N.R. Maxey ‘é 12 19 1 60
WN. N. Baxey..<.--c0213 10 100
) De ee eee — 2 200
A. 3. Greenwell.... du ow 5.00
A. S. Greenwell.. 2.0. +t BO 500
Jos. Gardner..----..se 5 00
BR. B. Hopkinson..,..2 25 250
K. B. Hopkinson.... 26 25 250
N. Dodge..cco.ee rere DO 50 5 00
Be DOGSO sc cyapevciecces 37 50 $00
Charles Gibbins...-ua 100° 10 00
Sanford Coleman..-.. > 50 500
EK. Wiiliams ...-,-60 “5 00
And in accordance with: law and
the Board vf Trustees, so many shares of each
pareel cf said. stock as may be necessary will be
Nevada county, California. on luesday, Aug.
16th, at2 o’clock, P. M to pay said delinquent
asscesment together with costs of advertising
and expenses of sale. Ps
. CHRIS. W. REMINGTON, Sec.
Little York, July 31st.
The above sale is postponed until Wednesday
Aug. Sst. 1864, at 2 o'clock. P.M.
al9 C. W. REMINGTON, See.
Great Excitement !
Viuluable Discover es!
OPPOSITION ALIVE YET!
(lothing Cheaper than Ever,
eed
The Great Campaign of the Season has
wow been commenced by
P. BANNER,
At his well-known
Emporium of Fashion.
ON THE CORNER OF
». BROAD AND PINE STREETS,
On and after this date all kinds of
isc’lockt. SUMMER CLOTHING,
Furnishing Goods,
BOOTS & SHOES, BOY'S CLOTHING,
Trunks, Valises, &e.
Will be retailed off at
San Francisco Wholesale Prices!
FALL COODS!
Which will soon arrive here. Now is the time
to supply your wants as you will sawe twenty cents om every dollar by buying
yeur Clothing at
P. BANNER’S STORE.
1 might go on and set down the prices of a few
common articles only to make a show of it—dsat
by — me a call you wil! be satisfied that you
ean buy Clothing, &c,a lower rates thas
imany other Someone Nevada pee
as we pat prices of our Guods dewn
such low rates that will
Block, corner of Broad and Pine streets, Nevads
4
, JONATHAN C
4s. n: PERRY, Clerk. BADR, Potten .
* Sl my .
CONSTABL &’S SALE-~ State of Galifor. *
highest bidder for cash, the following d« 2 F
gees dae Ee
eold at the office of said company at Litthe York f
On account of making room fora large stock of .
Defy all Competition! .
iventhat there delim. _
an order of
AR rece
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Pe
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