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Collection: Newspapers > Nevada Daily Transcript (1863-1868)

August 19, 1864 (4 pages)

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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 0 Ge ~~ viees Pe appli accut by th ful e: the ] bell 1 sessk the a Th a gra. the a Addr Sarge ly. men \ coppe eleett etirri will b Kal Were terda’ France curre: « Veloce The o vere. citizer weat . accou the vi dows of our tu be fright them -ehoul are no ae the unnee plank. been ¢ reasot Whose Ne should “off to ing ea aut th Fo Georg citizer the Es return Ta tertais cifie .