January 2, 1857 (4 pages)

0 Ee et, Sle, a Che Nebada Journal. FRIDAY MORNING, JAN. 2, 1857. THE NEW YEAR. i Ane nid Whether the year 1856 was a good S@ year or a bad one, a year of prosperity or disappointments, of perfected hopes + or perfected fears, to any of us, is a matter of not the slightest moment at this present writing—for it is gone, irrevoter eably, with all its imperfections on its head, leaving behind it, like most of the years, little besides a beggarly account of empty resolutions. We suppose we could, “an’ if we would,” get up a sentimental poulet for our readers, compounded cf thoughts suggested by this je iteresting occasion, of wise lessons jie drawn from past ’56, and wise auguries for coming ’57, interspersed with reflections on the flight of time and the coming of the end thereof; but we are impressed at the outset with the idea that there has been a striking similarity between the year just passed and all the years which have gone before—that cating and drinki:.g and sleeping have, as usual, Cc been the chief employments of all our readers during its passage ; that money has been made and spent, and that on the whole there is nothing particularly romantic in the simple fact of our being one year older than we were just threehundred and sixty-five days, six hours and thirty odd minutes ago; and for the future, we shall pass the next year too, those of us who do ‘not stop by the way, and whether we shall be nearer Heaven, or the other place, will not depend upon any pious New Year’s reflections of the Journal. A few experiences, however, ’56 has ¢ shown to us which do not appear in the record of the common years. On the 18th of July last, Nevada was a prosperous, thriving town, bearing the evi+ dent marks of years of California good fortune—the fairest city among the mountains; on the evening of the 19th there were only heaps of black and smoking ruins to show where the town ; had been, and under the ashes were buried, not only the fortunes and hopes of many of our citizens, but sadder than all that, the disfigured bodies of some whose lives were esteemed, and whose fearful deaths we found time, in the midst of all our troubles, tolament. Only five months have passed, and no external traces of the fire are left. With a rapidity that would be marvelous any where but in California, a new town, as large, and fairer than the old, has sprung from its ruins. In the undiminished "energy of our citizens we read an augury of the undiminishing prosperity of Nevada. We have passed the great political campaign of 1856. We were beaten: we are very sorry for it, but we can’t help it. The great unwashed are victorious again. We are sorry for it.— Now will come the hard struggle for offices, fat and lean, and the “fierce democracie” will get them all, and we are very sorry for that. For four years more a democratic rule is fastened upon us, and for all these calamities we are sorry, but we could not prevent one of them. We did our utmost to prevent them, but our utmost was not enou gh.— One melancholy hope is left us. The next administration cannot be worse than the last. We know that no future four years of our history can contain as many stupid blunders as have been crowded into the imbecile rule of Franklin Pierce. ies gem oe ct t-—4 ws w Bieta “Our solace is to know, Whate’er betides, we’ve known the worst.”? The new year is ushered in with the dolorous ery of “hard times.” If, as our Supreme Court poetically remark, “every atmosphere of California is heavy with gold,” very few of them have deposited their burthens as yet in the vicinity of Nevada. The commcnest money instruments are unpaid bills of the date of 56. May ’57 settle them. We trust in Providence and the now falling rains to accomplish this desirable result. We have allconfidence that the “good time is coming,” though we confess it travels in a remarkably slow coach. The old year is dead. To our citieens the benefits it has conferred are somewhat equivocal—of rather a mixed character; but we would no more find fault with it than we would recount the failings of a friend or a foe lying stiff and cold at our feet. “Nothing of the dead but good.” We can’t helpit. Its record is made up, signed and sealed and filed away, to trouble us no more, but to gather mould with the records of other years. The old year is dead— reguiescat in pace. As for the new year, we are not disposed to be over demonstrative at the welcoming. We all welcomed the last year with great rejoicings, and it didn’t use as well as we had reason to expect. In fact, all the years are apt to be ungrateful, as is shown by the fact that we always rejoice at their passing away.— So we are only moderately glad to see the young year, and will withhold the exhibition of our joy till it is old, till we see what of good or evil it may bring us. No more fires, no more political cleanings ent, no more empty purses or im‘portunate creditors, and we will give 1857 a high place in our memories— higher than it now holds in our hopes. Se mate it be. MARYLAND. No one should be ashamed of his own birth-place, but considering the noble position taken by little Maryland in the last Presidential campaign, any true American might well be excused for a half-formed hankering after claiming her for his native State. Her position is an anomolous one, and characterized by peculiarities which attach to none of her sisters. The contest, so far as the Buchanan and Fremont parties were concerned, was strictly a struggle between the North and the South—a struggle for and against slavery. Under such circumstances, it was, in a manner, excusable, however wrong, for the slave States to go for Buchanan and the free States for Fremont. On the other hand, however, to repudiate sectional feelings —to discard the prejudices of birth and edueation—to sacrifice local sentiments on the altar of national patriotism—in a word, to be governed by that high, broad affection for our national unity which alone “constitutes us one people,” and upon which the preservation of the constitution of our fathers depends—all this demands the exercise of the highest elements of character and the purest essence of patriotism. This, Maryland alone has done, and for it she has the admiration of all, (unless it be those so entirely soaked in locofocoism as to be past the admiration of anything good, or Republicans so utterly “gone” as to think there is nothing good in the world that don’t smell of niggers.) All the slave States, except Maryland, voted for Buchanan; all the free States except four, voted for Fremont, Those four, however, occupy an entirely different position from the one assumed by Maryland. Her position is natural and dignified ; their’s unnatural, undignified and humiliating. She, with a just understanding of her own rights as a member of the Confederacy, says to her sisters that, for the sake of harmony, she is willing to yield a portion of them, and to compromise their difficulties ; they, with a servitude that is pitiabley give, unreservedly, everything they have got at the mere demanding, and, séll, as it were, their birth-right, with the vague hope of receiving a mess of pottage hereafter. She occupies the position of one who endeavors to end a quarrel occurring between different members of his own family ; they the position of one who, in a quarrel between his own family and another, joins the other against his own—a Montague aiding the Capulets. By this proof that the national sentiment has not entirely departed, Maryland has merited the thanks of the true lovers of our Government everywhere, and created for herself a proud and enviable reputation. The patriotism of hersons will now be as proverbial as the beauty of her daughters. May they both be eternal; and if, in the revolutions of time, republican liberty should be crushed out in her sister States, may she make her last home in the hearts of her citizens; may the eagle build his final eyry in her mountains, and the thirty-one stars, driven from their places in the heavens, cluster in one brilliant constellation over her shores. Masonic CeLesRation.—On Monday last the Masonic fraternity of Rough & Ready celebrated the anniversary of St. John, the Evangelist, by a public procession, installation and a masonic ad dress. The I. O. O. F. and Sons of Temperance were invited guests on the occasion. The installation ceremony was performed by T. H. Caswell, of Nevada, and the address was delivered by A. B, Dibble, of Grass Valley. In the evening a grand ball closed the festivities of the day. The fair sex whose penchant was to “trip the light fantastic toe” regarded not the inclemency of the weather, and about eighty were in attendance. At 12 P. M., the party assembled were called from the labor of the dance to partake of the refreshments prepared in luxurious style by “mine host” L. Walling. Great credit is due to those who had the management of the ceremonies on the occasion. The wholeaffair passed off with that ecla¢ and order which is charactéristic of the fraternity. t= The Supper given by the Ladies’ of the Catholic Church came off on Wednesday Evening last, at the Temperance Hall. Notwithstanding the rain, and the danger of crossing from Main street to the Hall, without a pilot, the room was densely crowded with ladies and gentlemen, and everything seemed to pass off pleasantly. The table was furnished with all the luxuries of the season, and very tastefully arranged. After the supper they concluded with a merry dance, having a fine band of music in attendance, all joined in dancing the old year out and the new one in. The receipts amounted to about $800. SS Wm. F. Anderson has retired from the editorial chair of our neighbor the Democrat, after a year’s devotion to the quill. During his administration,the Democrat was conducted in a gentlemanly and dignified style, and its editorial columns were singularly free from those low personalities and disgusting vulgarisms which are so commonly resorted to by political journals. We bid him a friendly farewell, and hope his successor may be as fine a gentleman. Nortu San Juan.—The miners and ditch e at San Juan are still at loggerheads. The ditch men are stubborn, and won't reduce the price of water, and the miners are equally so, and will not agreeito pay over twenty-five cents an inch. This is certainly an unfortunate state of affairs. The ditch company is losing about $4,000 worth of water a week—all running to waste—and the miners, too, are losing an immense amount of money, for there are a great many claims that are open, and will pay rich as soon as water can be obtained to work them. And the miners and ditch men are not the only ones that are suffering from this disagreement; the community at large, in all branches of business, is affected—in fact, everything is almost stagnated. It isa hard matter to decide where the greatest fault lies, or which party should make concessions, but it does appear that some compromise should be made, and that immediately, for the way matters now stand. it is ruinous to both parties. The miners seem determined to stick to their demands, and say they are firmly resolved to use no more water until the price is reduced. From what we can learn of the circumstances, the miners seem to have the best of the argument on their side. They claim that the prices heretofore asked by the ditch companies are exhorbitant in the extreme, and although the water owners have agreed to reduce it ten cents on the inch, making it thirty cents, they still hold that they are not able to pay that price, to do justice to themselves. Many claims are not open yet, and those that are open, they say, do not yield enough to justify them in paying more than twenty-five cents. This price is all the water companies at Camptonville, Birchville, and other places, charge, and the miners at San Juan think they should be supplied on the same terms. It is to be hoped that the parties will soon come to some understanding, and “go on their way rejoicing” in the road to wealth. Many of the experienced seem to. think, from estimates made, that the water company would make a handsome profit at twenty-five cents an inch. They are certainly losing an immense am unt of money now from the course they are pursuing, and there is every probability that they will have to come down to the miners’ terms in the end. The water has now been running to waste several weeks, which would yield, as we are told, about $4,000 per week ; and should it continue so much longer, the company will soon lose more money than they would have made at their own price. We understand that one company— consisting of Messrs. Howe, Harrington, Stidger, & Co.—are making great headway in opening their claims. Their ground happened to be situated where the water was running to waste, and they were granted the privilege of using it at small cost, which is quite a god-send to them. ‘They are running a deep cut into the centre of the hill, which will drain a number of claims besides their own. Several companies are interested in running this cut, and as they have a great abundance. of water, they are making rapid progress with the work.— A few days since they came across stumps and trees buried sixty feet under ground. From this, they seem to think they are running into an old channel, and if so, they will doubtless soon strike rich deposits—at least, we hope they will. Fata AccipENT.—On themorning of the 26th instant, a fatal accident occurred near Washington on the line of the Poor Man’s Creek Ditch. At a place where the Ditch crossed a small ravine the earth became soaked and loosened by the action of the water, causing the ground of the hill to slide away. A mass of earth and stones, thirty feet in width, and three or four feet in depth, carried away a log cabin in which Patrick Rogan and Michael Clark were lying asleep. The noise of the slide was heard and assistance immediately rendered. ‘The dead body of Rogan was found in the ravine covered with earth and water, and horribly mangled. Clark was still living, but died on Sunday last, of the injuries received. The bodies have been taken to Grass Valley for burial. A coroner’s inquest was held over the body of Rogan and a verdict found in accordance with the above facts. Serious Arrray.—Last Saturday, a stabbing affair came off at Grass Valley, in which A. O. Thoms and a man named Ferguson, were the parties. We have heard several different versions of . the matter, and as nearly as we can ascertain, the facts are as follows : A quarrel arose between the two, when Thoms strack Ferguson in the face, who thereupon drew a knife and stabbed Thoms in the breast. The parties closed, and in the struggle, Thoms got possession of the knife and inflicted several wounds on Ferguson. We learn that both are likely to recover. ARRIVAL.—We are glad to note the arrival at San Francisco of two old citizens of Nevada—Arthur Hagadorn and P. Henry. They have each taken a partner for life, during their absence. We congratulate them heartily upon their good ‘hick, and hope they will resume their residence at Nevada. TueaTRE.—During the past week, the representations at the theatre have been sustained with unabated interest. The benefit of Mr. Warwick, on Monday evening, was attended by a large audience, and must have been a gratifying evidence to that gentleman of the high esteem in which he is held by our citizens. Mr. Warwick’s popularity is well deserved. As an actor, he is natural, unaffected, showing a keen appreciation of the characters he assumes, and an admirable power of expression. In addition to this, his social qualities are such as demand the respect and esteem of all who know him. Last Tuesday evening was the benefit of Miss Deming. The house was well filled, and the audience highly pleased with the entertainment. Miss Deming possesses high merit as an actress, and has many warm and admiring friends in this place. Young Miss Louise, danseuse and singer, although a new arrival, has already become very popular, and was one of the attractions of the evening. This evening is the benefit of Mr. Woodard. We hope that the numerous friends who have so often laughed at him, will not fail to give him, on that occasion, a substantial proof of their appreciation. Tne Roaps.—The roads, every where, from what we can see and hear, are in a worse condition than they were ever known to be before. It is almost impossible for wagons. to navigate; in many places the bottom seems to be drepped out. The stages on some of roads managé to run, or rather creep along some way ; but they, too, we think, will soon fail to find bottom, if it continues to rain, snow, freeze and thaw, as it has been doing for some time past.— Billy Wilson has been obliged to withdraw his stage line from this place to San Juan, on account of the impassibility of the road, but he will again resume his regular trips as soon as_possible. Benerir oF Frissig & Bain.—On Monday evening next, the present troupe of theatricals will make their last appearance for the season, on which occasiowa complimentary benfit will be given by the whole company—with one of their best bills—to the proprietors, Messrs. Frisbie & Rain. We hope that every lover of the drama in thecity aud neighborhood will be present on that evening. The sources of rational amusements in the mountains are scarce, and every one who has pleasantly passed an otherwise dull evening by witnessing the representation of stirring tragedy or laughing at the side-splitting farce, is deeply indebted to these enterprising gentlemen for the erection of their commodious and _ beautiful theatre. The enterprise, thus far, owing to rough weather, bad roads and scarcity of money, has not been profitable. We . trust, therefore, that the theatre-going public will turn out on Monday evening en masse, and give them a benefit as will be a benefit. Curious Discovery.—-The deep diggings in the mountains of California are daily bringing to light interesting and . astonishing facts, which tend to shroud the early history of this portion of the continent in the deepest mystery, and tend to the conviction that it was once peopled by another race of men highly advanced in civilization. Inthe shaft of J. L. Duncan & Co., on the ridge between the Middle and South Yubas, in this county, at the distance of one hundred and seventy-six feet below the surface of the ground, wasfound, on the 26th of December, a curiously fashioned glass bottle, or jar, which was dug up in hard cement. After removing the reddish coating, an eighth of an inch thick, which attached to the outside, and thoroughly washing it, it was found to be of a light color, and perfectly transparent. It somewhat resembled a small, sized pickle-jar, but has a longer neck and a flat bottom. It must have been lying in the silent spot where it was found for many hundred years. ANoTHER RicHMonpd.—We learn from a reliable source that A. P. Crittenden, Esq., is about to add his name to the great multitude which no man can number of senatorial aspirants. His pretentions are fostered by the Hon. Henry A. Crabb, and he reckons on a rather mongrel support of Know-Nothings, Republicans and Democrats. i Welearn'that several new gambling hells have recently been opened in Grass Valley, and now we may expect crime to be on the increase in this county, as long as this detestible business is allowed to be carried on. Before the gambling law was passed this place could not support one, but now it is the great headquarters of the gambling fraternity. Es Snookssays there are two classes of people in the world, for whom he has no particular liking, the one is, women, and the other men. Tue StREETs.—Owing to fluid condition of streets, the ladies are compelled to stay at home, and the only specimens of animated nature seen abroad are common creatures, such as hogs, ‘horses, mules and men. . . THE ATTACHMENT LAW. The press throughout the State has of late, been making an universal onslaugkt on our present attachment law, but it seems to us that no conclusive reasons have been given for its repeal. Its opponents, so far, appear to content themselves with presenting extreme cases in which the law might ke made, and probably has been made, to operate hardly upon individuals, but it must be remembered that no human law has even been or can be, so perfect as to preclude all possibility of oppression.— The real question is, can more good be accomplished— more justice be done with the law than without it. In relation to debts created by honest contracts between man and man, there are only two main rules by which their payment can be regulated: First, to enforce them by process of law. Second, to make them mere debts of honor, payable at the will of thedebtor. The latter we have not yet seen advocated by any of the enemies of attachment. It is a rule that may possibly work well, when the world gets to that blissful period in its history shadowed forth in the christian faith, when “the lion shall lie down with the lamb, and the devil be chaiaed fora thousand years,” but in “these present evil days” the “honor of a gentleman” would be a very shadowy equivalent for that most substantial of all things—money. If, then, the old rule is to be adhered to, and it is right that “men who are able to pay and won’t pay should be made to pay” what valid objection is there to the attachment law ? The only way to make a man pay a debt, is to seise his property and sell it, and the only difference between an attachment suit and an ordinary action without attaching, is, that in the former you seize his property at the commencement of the suit to satisfy a judgment which you expect to obtain, and in the latter you seise his propnrty at the end of the suit, to satisfy a judgment which you have obtained. Then, as to the result, thre is this further difference, that if you commence your suit without attachment and undertake to seise his property to satisfy the judgment which you have obtained, you will find that it has become the property of his friend or else that it can’t be found in the neighborhood. Whothen are oppressed by an attachment law, unless it be those who desire to dispose of their property between the commencement of a suit and its end, for the purpose of defrauding their creditors. As tothe argument drawn from the hardship of closing up a man’s business . for asmall debt, we don’t see its force. A man whois able and willing to pay his just liabilities, is always able to give a bond, and thus release the attachment and at any rate, as soon as judgment should be recovered, and execution issued, his property would be taken, ana his business closed even if no attachment had been granted, unless in the meantime he had acted the rascal, and made a fraudulent disposition of his effects. A great deal has been said, too, about the first attaching creditor compelling all others unwillingly to follow suit, and thus forcing an honest debtor into insolvency, who, had his business been allowed to proceed would, in the end, have been able to satisfy all demands against him. But how would this be remedied by a repeal of the attachment law? Attachments are usually taken out in actions upon plain contracts, to which there is no defence, and in which judgment is obtained in ten days. If there was no attachment law, the creditor first commencing suit would be the first to obtain judgment, and the first to levy upon property under execution.— Would not the rush of creditors be the same? The only difference would be, that in the absence of the power to attach, the debtor could collude with his friends and make preferred creditors by putting in nominal defences to some of the actions, and letting the others go by default. ‘ The question, then, as to the repeal of the attachment law, seems to us to be, in reality, simply whether or not there shall be any legal process for the collection of debts. In California, and especially in the mountains, property is of such a transitory nature that nine men out of every ten could legally dispose of all their tangible effects in ten days, and ". a judgment would bea mere nullity. If, therefore, we are to adhere to the good odl rule of compelling men to perform their contracts and fulfill their agreements, we are not able to see how the attachment law is to be dispensed with. It strikes us that debtors have full enough of privileges under the law as it now stands. The homestead law gives them five thousand dollars ; the married woman do business on her-ownhook-law five thousand dollars, and the personal property exemptien a few hundred more ; and it docs seem as though ten or eleven thousand dollars are enough for a man to have, who can’t or won’t pay his debts. We think it would be a judicious amendment to the law to give the court power to discharge an attachment in part, when more property has been atached than is reasonably necessary to satisfy the claims of the plaintiff; but we are not satisfied that either its radical modification or its repeal would be expedient. A law much similar to ours exists in nearly every State in the Union, and in some of them—Massachusetts, for instance—not even a bond at its commencement is required. Let us try it a while longer. > Taking a stroll around town yesterday on a prospecting tour for “New Year’s” we noticed a number of gentlemen in a store, on Broad street and went in. We found them refreshing themselves with some soup which was simmering in a large kettle on the back room stove. Upon an invitation we joined them—found it exceedingly palatable, more so than any soup we had ever tasted—talked with the gentlemen, who all appeared to be in a most companionable mode, and then took some sowp—listened awhile to an excellent story, which “brought down the house” and then took some soup—after which-we took some soup and went out. When we got into the street we felt sort o’ queer—Broad street looked steeperthan we ever noticed it before—felt a disposition to sit down —went into the next house and did set down—fell into a pleasant reverie, and entirely forgot several little things we had intended to do, and was aroused a couple of hoursafterwards by a messenger sent after copy. It was very singular soup indeed,—but it must have been soup, for it had crackers in it. Arrest.—An Indian, called Charley, was arrested near this place on Saturday last, on a charge of murder committed at Whisky Bar, Placer county, a few months since. Ié seems that Charley was arrested at the time of the alleged crime, but escaped from the hands of the officers, and has since been concealed in the vicinity of Nevada— When he was first reec gnized he shammed a brekeu back, but recovered in season to do some very good running before an officer could be brought to the spot. Constable Gregory, however, by means of a few judicious threats, suceeeded in re-arresting him, and he is now lodged in the county jail. He will be sent to Auburn for examination. LirtLe York.—Water has been scarce at this mining locality for the last week or two, on account of the main ditch which supplies them being temporarily filled up with snow. This point is usually well provided with the all essential element. The claims which have been opened are all paying well, and the prebabilities are that there is still much undeveloped wealth in the vicinity.— We do not know of any other place in the county, which offers greater inducements for “prospecting.” The miners of Little York were to have had a grand trial of skill with the rifle, on yesterday, (New Year’s day) in a shooting match between the eastern and middle states men, parties of the first part, and the western and southern We have not heard the result, but suppose there was some “sharp shooting” all around. Great interest was takenin the men, parties of the second part. matter, and the whole community was enlisted on the one side or the other. The Little Yorkers are good fellows— barring their politics, which is mixed.— We hope they had a good time. ke Persons are often heard to express surprise at the frequent use in legal documents, of such words as “said,” “aforesaid,” &c., rot observing that it prevents the necessity of repeating much longer phrases. We lately heard, however ofa New York lawyer who used one of the above words in rather an unusual connection, which may, or may‘ not have been in print before. The said lawyer brought an action against a com. mon carrier for lost goods, and after al-! leging in his complaint, that the defendant had “faithfully promised and undertaken to deliver them at Albany, in good order and well conditioned—the acts of God and the public enemies alone excepted,” he further set forth that “the said goods had been wholly lost to plaintiff, through the carelessness of defendant, and not by the act of the uforesaid God or the public enemies above mentioned. Tug Weatser—Abundance of snow and rain has fallen during the last week in our vicinity. At this present writing the snow lies six feet deep at Eureka, and in many directions the roads are impassible Notwithstanding two days rain, the hills about our town are still white with snow. The clouds give no signas yet of letting up, aod there is every prospect of a greater supply of this necessary element than we have had for years. = Senators Waite ad Chase left for the capital this morning to enter upon their legislative duties. fe Hugh F. McDermott, Esq. the great Tragedian, offered his services t the Eureka Fire Oompany, No, 1, of Marysville, to play for their benefit which they declined accepting. b> There are five State prison fon viots in San Francisco. Some have ob: tained permission to visit their families, andsome are making arrangements for new trials. To Be nuNG.—John Wise and Johu Fehley, convicted of murder in the secand degree, was sentenced to be executed on the 16th inst., in the county 2g Trinity. ResicNaTion OF Jupce HeEypeEnELDT.—The Hon. 8. Heydenfeldt has signed his seat on the Supreme beneh f California, having occupied it tor any years—almost, in fact, since the nfancy of our judicial system. That he as discharged the duties of his position ell, few, who are competent judges in he matter will deny. The judges of: ur Supreme Court have had the most rying and onerous duties to perform.— he rules of law—or rather the reason f these rules—they have had to apply o cases entirely new and anomalous in heir nature, and for which no precedent could be found in the books. It has een fortunate for the people of the tate, and particularly for those who live in the mining districts, that our Supreme ench has been occupied by men who were not mere technical lawyers, but of enlarged and liberal views, capable of understanding the peculiar condition of the country and administering law, not as a mere system of formalities, but as thescience of substantial justice. The. series of decisions in relation to mining interests, has met the approbation of~ those who are the best acquainted with, the subject. Many ‘complaints, we know, have. been made against the Supreme Court, but those have generally been the most. violent in their denunciations, who are the least qualified to juige of their duties. If the successor of Judge Heydenfeldt will but follow in his footsteps, we shall be satisfied. Man Traps. — We hereby warn all. foot passengers to beware of the bottomless mud hole just beyond the bridge at the foot of Main street. We undertook to cross it last night, and we! succeeded after a fashion ; but we saw another man —a short man—attempt the same feat, . and we think he failed. When we left he was up to his knees in mud and rapidly sinking. Some swearing was being done about that time. right with himin the spring. Nothing . but a shaft could reach him now. f= Snooks, although generally prosy, — For instance, . sometimes gets eloquent. gazing the other night into the starry.heavens, (we know it has been cloudylately, but the stars cere shining on this. occasion,) and being impressed with the. magnificent investigations of astronomy, he suddenly burst forth as follows :—~ “How splendid are the achievements and how daring is the ambition of man! Fired by the coruseations of etherial. aspirations, he bursts the trammels of . his mundane vassalage, and soars awayto the home of the sun-beam, to watch, the revolution of countless myriads of * loftier spheres!" After delivering the foregoing, he went into May & Cody’s. Saloon, took an excellent whisky punch. and went to bed. New Firu.—T. B. McFarland ana! A.C. Niles have formed a partnership, for the practice of law. Their office ia. in Riley’s new brick building, corner off Pine and Broad streets. CuaNnce oF Hovr.—The service off the Episcopal church will be held next: Sunday at the House of Dr. Overton, as: half-past two o’clock P. M. instead off eleven o’clock A. M., as usual. MonumentaL Hotret.—The inewguration of this new hotel came off last evening, in fine style. Grush kept oper house, and treated his numerous friends: in the most liberal manner. His nea house is larger and more commodions: than the old, and as he is a good fellow. we predict for him a large share of the public patronage. eo" We are indebted to Welch of the Pioneer, and Hamlinof the Broad strees: Book Store, for abundant favors in thie way of newspapers and periodicals dua: ing the past week. Much obliged, gemotlemen. 1 We understand that, owing to th impassable state of the roads between. this place and Forest City, the stage will be temporarily withdrawn from that. route, {= A portion of the Atlantic mail arrived in Nevada ata late hour last evening. CORRESPONDENCE. NevapA, January Ist, 1857 Messrs Frisbie & Bain—Gentlemep 3— We, the members of your company and attaches of your Theatre, desirous of evincing our esteem for you as wen, and of testifying to the liberal manner in which you have acted towards us during the brief season which has just passed, respectfully tender youa Complimentary Benefit, to take place at such time as may best suit your convenience, We are gentlemen, Your ob’t servants, Mr. J. H. Warwick, J. R. Woopwarp. i 5: 8 Mrs. J. D. McGowan, Miss Louise DEMING, Sens Gouna tae, Jno. E, Ferauson. Peter Ean. J. C. DeFornest, Ws. LaPeine, Joun TURNER. W. CaNmAM, G, E, Witntnerton. J.D, McGowan. J. R, Paviiin, J. D. Haxks, J. M, Langpox, Gro, TiRRELL, G. N, TALLMAN, E. W. CHasez, Geonace A. GRAY, Wa, ScYROEDER, GrorGce Pierce, Putto W. Rice, J. W. McNett. D, B. Wimartn. : Nevapa, January Jst. 1857. Ladies and Gentlemen— We have received with grateful feelings the evidence of your esteem contained in your gencrous offer of a Com— plimentary benefit to us. Our pleasure is heightened by the consideration that it has been our constant desire during the period of our connexion with you to secure your kind wishes and regard. We accept with pleasure the Benefit you tender us, and would name Monday Evening, Jan. 5th, if it wil} suit your convenience. We remain,, Ladies and Seaton Ob Servs, L, .P Frispie, C. H. Barn, To Mr. Warwick, Miss Deming, Woodard, Paullin, McGowan, Ferguso® and others. It may be all : , ' i ‘ ' J

0 Ee et, Sle, a Che Nebada Journal. FRIDAY MORNING, JAN. 2, 1857. THE NEW YEAR. i Ane nid Whether the year 1856 was a good S@ year or a bad one, a year of prosperity or disappointments, of perfected hopes + or perfected fears, to any of us, is a matter of not the slightest moment at this present writing—for it is gone, irrevoter eably, with all its imperfections on its head, leaving behind it, like most of the years, little besides a beggarly account of empty resolutions. We suppose we could, “an’ if we would,” get up a sentimental poulet for our readers, compounded cf thoughts suggested by this je iteresting occasion, of wise lessons jie drawn from past ’56, and wise auguries for coming ’57, interspersed with reflections on the flight of time and the coming of the end thereof; but we are impressed at the outset with the idea that there has been a striking similarity between the year just passed and all the years which have gone before—that cating and drinki:.g and sleeping have, as usual, Cc been the chief employments of all our readers during its passage ; that money has been made and spent, and that on the whole there is nothing particularly romantic in the simple fact of our being one year older than we were just threehundred and sixty-five days, six hours and thirty odd minutes ago; and for the future, we shall pass the next year too, those of us who do ‘not stop by the way, and whether we shall be nearer Heaven, or the other place, will not depend upon any pious New Year’s reflections of the Journal. A few experiences, however, ’56 has ¢ shown to us which do not appear in the record of the common years. On the 18th of July last, Nevada was a prosperous, thriving town, bearing the evi+ dent marks of years of California good fortune—the fairest city among the mountains; on the evening of the 19th there were only heaps of black and smoking ruins to show where the town ; had been, and under the ashes were buried, not only the fortunes and hopes of many of our citizens, but sadder than all that, the disfigured bodies of some whose lives were esteemed, and whose fearful deaths we found time, in the midst of all our troubles, tolament. Only five months have passed, and no external traces of the fire are left. With a rapidity that would be marvelous any where but in California, a new town, as large, and fairer than the old, has sprung from its ruins. In the undiminished "energy of our citizens we read an augury of the undiminishing prosperity of Nevada. We have passed the great political campaign of 1856. We were beaten: we are very sorry for it, but we can’t help it. The great unwashed are victorious again. We are sorry for it.— Now will come the hard struggle for offices, fat and lean, and the “fierce democracie” will get them all, and we are very sorry for that. For four years more a democratic rule is fastened upon us, and for all these calamities we are sorry, but we could not prevent one of them. We did our utmost to prevent them, but our utmost was not enou gh.— One melancholy hope is left us. The next administration cannot be worse than the last. We know that no future four years of our history can contain as many stupid blunders as have been crowded into the imbecile rule of Franklin Pierce. ies gem oe ct t-—4 ws w Bieta “Our solace is to know, Whate’er betides, we’ve known the worst.”? The new year is ushered in with the dolorous ery of “hard times.” If, as our Supreme Court poetically remark, “every atmosphere of California is heavy with gold,” very few of them have deposited their burthens as yet in the vicinity of Nevada. The commcnest money instruments are unpaid bills of the date of 56. May ’57 settle them. We trust in Providence and the now falling rains to accomplish this desirable result. We have allconfidence that the “good time is coming,” though we confess it travels in a remarkably slow coach. The old year is dead. To our citieens the benefits it has conferred are somewhat equivocal—of rather a mixed character; but we would no more find fault with it than we would recount the failings of a friend or a foe lying stiff and cold at our feet. “Nothing of the dead but good.” We can’t helpit. Its record is made up, signed and sealed and filed away, to trouble us no more, but to gather mould with the records of other years. The old year is dead— reguiescat in pace. As for the new year, we are not disposed to be over demonstrative at the welcoming. We all welcomed the last year with great rejoicings, and it didn’t use as well as we had reason to expect. In fact, all the years are apt to be ungrateful, as is shown by the fact that we always rejoice at their passing away.— So we are only moderately glad to see the young year, and will withhold the exhibition of our joy till it is old, till we see what of good or evil it may bring us. No more fires, no more political cleanings ent, no more empty purses or im‘portunate creditors, and we will give 1857 a high place in our memories— higher than it now holds in our hopes. Se mate it be. MARYLAND. No one should be ashamed of his own birth-place, but considering the noble position taken by little Maryland in the last Presidential campaign, any true American might well be excused for a half-formed hankering after claiming her for his native State. Her position is an anomolous one, and characterized by peculiarities which attach to none of her sisters. The contest, so far as the Buchanan and Fremont parties were concerned, was strictly a struggle between the North and the South—a struggle for and against slavery. Under such circumstances, it was, in a manner, excusable, however wrong, for the slave States to go for Buchanan and the free States for Fremont. On the other hand, however, to repudiate sectional feelings —to discard the prejudices of birth and edueation—to sacrifice local sentiments on the altar of national patriotism—in a word, to be governed by that high, broad affection for our national unity which alone “constitutes us one people,” and upon which the preservation of the constitution of our fathers depends—all this demands the exercise of the highest elements of character and the purest essence of patriotism. This, Maryland alone has done, and for it she has the admiration of all, (unless it be those so entirely soaked in locofocoism as to be past the admiration of anything good, or Republicans so utterly “gone” as to think there is nothing good in the world that don’t smell of niggers.) All the slave States, except Maryland, voted for Buchanan; all the free States except four, voted for Fremont, Those four, however, occupy an entirely different position from the one assumed by Maryland. Her position is natural and dignified ; their’s unnatural, undignified and humiliating. She, with a just understanding of her own rights as a member of the Confederacy, says to her sisters that, for the sake of harmony, she is willing to yield a portion of them, and to compromise their difficulties ; they, with a servitude that is pitiabley give, unreservedly, everything they have got at the mere demanding, and, séll, as it were, their birth-right, with the vague hope of receiving a mess of pottage hereafter. She occupies the position of one who endeavors to end a quarrel occurring between different members of his own family ; they the position of one who, in a quarrel between his own family and another, joins the other against his own—a Montague aiding the Capulets. By this proof that the national sentiment has not entirely departed, Maryland has merited the thanks of the true lovers of our Government everywhere, and created for herself a proud and enviable reputation. The patriotism of hersons will now be as proverbial as the beauty of her daughters. May they both be eternal; and if, in the revolutions of time, republican liberty should be crushed out in her sister States, may she make her last home in the hearts of her citizens; may the eagle build his final eyry in her mountains, and the thirty-one stars, driven from their places in the heavens, cluster in one brilliant constellation over her shores. Masonic CeLesRation.—On Monday last the Masonic fraternity of Rough & Ready celebrated the anniversary of St. John, the Evangelist, by a public procession, installation and a masonic ad dress. The I. O. O. F. and Sons of Temperance were invited guests on the occasion. The installation ceremony was performed by T. H. Caswell, of Nevada, and the address was delivered by A. B, Dibble, of Grass Valley. In the evening a grand ball closed the festivities of the day. The fair sex whose penchant was to “trip the light fantastic toe” regarded not the inclemency of the weather, and about eighty were in attendance. At 12 P. M., the party assembled were called from the labor of the dance to partake of the refreshments prepared in luxurious style by “mine host” L. Walling. Great credit is due to those who had the management of the ceremonies on the occasion. The wholeaffair passed off with that ecla¢ and order which is charactéristic of the fraternity. t= The Supper given by the Ladies’ of the Catholic Church came off on Wednesday Evening last, at the Temperance Hall. Notwithstanding the rain, and the danger of crossing from Main street to the Hall, without a pilot, the room was densely crowded with ladies and gentlemen, and everything seemed to pass off pleasantly. The table was furnished with all the luxuries of the season, and very tastefully arranged. After the supper they concluded with a merry dance, having a fine band of music in attendance, all joined in dancing the old year out and the new one in. The receipts amounted to about $800. SS Wm. F. Anderson has retired from the editorial chair of our neighbor the Democrat, after a year’s devotion to the quill. During his administration,the Democrat was conducted in a gentlemanly and dignified style, and its editorial columns were singularly free from those low personalities and disgusting vulgarisms which are so commonly resorted to by political journals. We bid him a friendly farewell, and hope his successor may be as fine a gentleman. Nortu San Juan.—The miners and ditch e at San Juan are still at loggerheads. The ditch men are stubborn, and won't reduce the price of water, and the miners are equally so, and will not agreeito pay over twenty-five cents an inch. This is certainly an unfortunate state of affairs. The ditch company is losing about $4,000 worth of water a week—all running to waste—and the miners, too, are losing an immense amount of money, for there are a great many claims that are open, and will pay rich as soon as water can be obtained to work them. And the miners and ditch men are not the only ones that are suffering from this disagreement; the community at large, in all branches of business, is affected—in fact, everything is almost stagnated. It isa hard matter to decide where the greatest fault lies, or which party should make concessions, but it does appear that some compromise should be made, and that immediately, for the way matters now stand. it is ruinous to both parties. The miners seem determined to stick to their demands, and say they are firmly resolved to use no more water until the price is reduced. From what we can learn of the circumstances, the miners seem to have the best of the argument on their side. They claim that the prices heretofore asked by the ditch companies are exhorbitant in the extreme, and although the water owners have agreed to reduce it ten cents on the inch, making it thirty cents, they still hold that they are not able to pay that price, to do justice to themselves. Many claims are not open yet, and those that are open, they say, do not yield enough to justify them in paying more than twenty-five cents. This price is all the water companies at Camptonville, Birchville, and other places, charge, and the miners at San Juan think they should be supplied on the same terms. It is to be hoped that the parties will soon come to some understanding, and “go on their way rejoicing” in the road to wealth. Many of the experienced seem to. think, from estimates made, that the water company would make a handsome profit at twenty-five cents an inch. They are certainly losing an immense am unt of money now from the course they are pursuing, and there is every probability that they will have to come down to the miners’ terms in the end. The water has now been running to waste several weeks, which would yield, as we are told, about $4,000 per week ; and should it continue so much longer, the company will soon lose more money than they would have made at their own price. We understand that one company— consisting of Messrs. Howe, Harrington, Stidger, & Co.—are making great headway in opening their claims. Their ground happened to be situated where the water was running to waste, and they were granted the privilege of using it at small cost, which is quite a god-send to them. ‘They are running a deep cut into the centre of the hill, which will drain a number of claims besides their own. Several companies are interested in running this cut, and as they have a great abundance. of water, they are making rapid progress with the work.— A few days since they came across stumps and trees buried sixty feet under ground. From this, they seem to think they are running into an old channel, and if so, they will doubtless soon strike rich deposits—at least, we hope they will. Fata AccipENT.—On themorning of the 26th instant, a fatal accident occurred near Washington on the line of the Poor Man’s Creek Ditch. At a place where the Ditch crossed a small ravine the earth became soaked and loosened by the action of the water, causing the ground of the hill to slide away. A mass of earth and stones, thirty feet in width, and three or four feet in depth, carried away a log cabin in which Patrick Rogan and Michael Clark were lying asleep. The noise of the slide was heard and assistance immediately rendered. ‘The dead body of Rogan was found in the ravine covered with earth and water, and horribly mangled. Clark was still living, but died on Sunday last, of the injuries received. The bodies have been taken to Grass Valley for burial. A coroner’s inquest was held over the body of Rogan and a verdict found in accordance with the above facts. Serious Arrray.—Last Saturday, a stabbing affair came off at Grass Valley, in which A. O. Thoms and a man named Ferguson, were the parties. We have heard several different versions of . the matter, and as nearly as we can ascertain, the facts are as follows : A quarrel arose between the two, when Thoms strack Ferguson in the face, who thereupon drew a knife and stabbed Thoms in the breast. The parties closed, and in the struggle, Thoms got possession of the knife and inflicted several wounds on Ferguson. We learn that both are likely to recover. ARRIVAL.—We are glad to note the arrival at San Francisco of two old citizens of Nevada—Arthur Hagadorn and P. Henry. They have each taken a partner for life, during their absence. We congratulate them heartily upon their good ‘hick, and hope they will resume their residence at Nevada. TueaTRE.—During the past week, the representations at the theatre have been sustained with unabated interest. The benefit of Mr. Warwick, on Monday evening, was attended by a large audience, and must have been a gratifying evidence to that gentleman of the high esteem in which he is held by our citizens. Mr. Warwick’s popularity is well deserved. As an actor, he is natural, unaffected, showing a keen appreciation of the characters he assumes, and an admirable power of expression. In addition to this, his social qualities are such as demand the respect and esteem of all who know him. Last Tuesday evening was the benefit of Miss Deming. The house was well filled, and the audience highly pleased with the entertainment. Miss Deming possesses high merit as an actress, and has many warm and admiring friends in this place. Young Miss Louise, danseuse and singer, although a new arrival, has already become very popular, and was one of the attractions of the evening. This evening is the benefit of Mr. Woodard. We hope that the numerous friends who have so often laughed at him, will not fail to give him, on that occasion, a substantial proof of their appreciation. Tne Roaps.—The roads, every where, from what we can see and hear, are in a worse condition than they were ever known to be before. It is almost impossible for wagons. to navigate; in many places the bottom seems to be drepped out. The stages on some of roads managé to run, or rather creep along some way ; but they, too, we think, will soon fail to find bottom, if it continues to rain, snow, freeze and thaw, as it has been doing for some time past.— Billy Wilson has been obliged to withdraw his stage line from this place to San Juan, on account of the impassibility of the road, but he will again resume his regular trips as soon as_possible. Benerir oF Frissig & Bain.—On Monday evening next, the present troupe of theatricals will make their last appearance for the season, on which occasiowa complimentary benfit will be given by the whole company—with one of their best bills—to the proprietors, Messrs. Frisbie & Rain. We hope that every lover of the drama in thecity aud neighborhood will be present on that evening. The sources of rational amusements in the mountains are scarce, and every one who has pleasantly passed an otherwise dull evening by witnessing the representation of stirring tragedy or laughing at the side-splitting farce, is deeply indebted to these enterprising gentlemen for the erection of their commodious and _ beautiful theatre. The enterprise, thus far, owing to rough weather, bad roads and scarcity of money, has not been profitable. We . trust, therefore, that the theatre-going public will turn out on Monday evening en masse, and give them a benefit as will be a benefit. Curious Discovery.—-The deep diggings in the mountains of California are daily bringing to light interesting and . astonishing facts, which tend to shroud the early history of this portion of the continent in the deepest mystery, and tend to the conviction that it was once

peopled by another race of men highly advanced in civilization. Inthe shaft of J. L. Duncan & Co., on the ridge between the Middle and South Yubas, in this county, at the distance of one hundred and seventy-six feet below the surface of the ground, wasfound, on the 26th of December, a curiously fashioned glass bottle, or jar, which was dug up in hard cement. After removing the reddish coating, an eighth of an inch thick, which attached to the outside, and thoroughly washing it, it was found to be of a light color, and perfectly transparent. It somewhat resembled a small, sized pickle-jar, but has a longer neck and a flat bottom. It must have been lying in the silent spot where it was found for many hundred years. ANoTHER RicHMonpd.—We learn from a reliable source that A. P. Crittenden, Esq., is about to add his name to the great multitude which no man can number of senatorial aspirants. His pretentions are fostered by the Hon. Henry A. Crabb, and he reckons on a rather mongrel support of Know-Nothings, Republicans and Democrats. i Welearn'that several new gambling hells have recently been opened in Grass Valley, and now we may expect crime to be on the increase in this county, as long as this detestible business is allowed to be carried on. Before the gambling law was passed this place could not support one, but now it is the great headquarters of the gambling fraternity. Es Snookssays there are two classes of people in the world, for whom he has no particular liking, the one is, women, and the other men. Tue StREETs.—Owing to fluid condition of streets, the ladies are compelled to stay at home, and the only specimens of animated nature seen abroad are common creatures, such as hogs, ‘horses, mules and men. . . THE ATTACHMENT LAW. The press throughout the State has of late, been making an universal onslaugkt on our present attachment law, but it seems to us that no conclusive reasons have been given for its repeal. Its opponents, so far, appear to content themselves with presenting extreme cases in which the law might ke made, and probably has been made, to operate hardly upon individuals, but it must be remembered that no human law has even been or can be, so perfect as to preclude all possibility of oppression.— The real question is, can more good be accomplished— more justice be done with the law than without it. In relation to debts created by honest contracts between man and man, there are only two main rules by which their payment can be regulated: First, to enforce them by process of law. Second, to make them mere debts of honor, payable at the will of thedebtor. The latter we have not yet seen advocated by any of the enemies of attachment. It is a rule that may possibly work well, when the world gets to that blissful period in its history shadowed forth in the christian faith, when “the lion shall lie down with the lamb, and the devil be chaiaed fora thousand years,” but in “these present evil days” the “honor of a gentleman” would be a very shadowy equivalent for that most substantial of all things—money. If, then, the old rule is to be adhered to, and it is right that “men who are able to pay and won’t pay should be made to pay” what valid objection is there to the attachment law ? The only way to make a man pay a debt, is to seise his property and sell it, and the only difference between an attachment suit and an ordinary action without attaching, is, that in the former you seize his property at the commencement of the suit to satisfy a judgment which you expect to obtain, and in the latter you seise his propnrty at the end of the suit, to satisfy a judgment which you have obtained. Then, as to the result, thre is this further difference, that if you commence your suit without attachment and undertake to seise his property to satisfy the judgment which you have obtained, you will find that it has become the property of his friend or else that it can’t be found in the neighborhood. Whothen are oppressed by an attachment law, unless it be those who desire to dispose of their property between the commencement of a suit and its end, for the purpose of defrauding their creditors. As tothe argument drawn from the hardship of closing up a man’s business . for asmall debt, we don’t see its force. A man whois able and willing to pay his just liabilities, is always able to give a bond, and thus release the attachment and at any rate, as soon as judgment should be recovered, and execution issued, his property would be taken, ana his business closed even if no attachment had been granted, unless in the meantime he had acted the rascal, and made a fraudulent disposition of his effects. A great deal has been said, too, about the first attaching creditor compelling all others unwillingly to follow suit, and thus forcing an honest debtor into insolvency, who, had his business been allowed to proceed would, in the end, have been able to satisfy all demands against him. But how would this be remedied by a repeal of the attachment law? Attachments are usually taken out in actions upon plain contracts, to which there is no defence, and in which judgment is obtained in ten days. If there was no attachment law, the creditor first commencing suit would be the first to obtain judgment, and the first to levy upon property under execution.— Would not the rush of creditors be the same? The only difference would be, that in the absence of the power to attach, the debtor could collude with his friends and make preferred creditors by putting in nominal defences to some of the actions, and letting the others go by default. ‘ The question, then, as to the repeal of the attachment law, seems to us to be, in reality, simply whether or not there shall be any legal process for the collection of debts. In California, and especially in the mountains, property is of such a transitory nature that nine men out of every ten could legally dispose of all their tangible effects in ten days, and ". a judgment would bea mere nullity. If, therefore, we are to adhere to the good odl rule of compelling men to perform their contracts and fulfill their agreements, we are not able to see how the attachment law is to be dispensed with. It strikes us that debtors have full enough of privileges under the law as it now stands. The homestead law gives them five thousand dollars ; the married woman do business on her-ownhook-law five thousand dollars, and the personal property exemptien a few hundred more ; and it docs seem as though ten or eleven thousand dollars are enough for a man to have, who can’t or won’t pay his debts. We think it would be a judicious amendment to the law to give the court power to discharge an attachment in part, when more property has been atached than is reasonably necessary to satisfy the claims of the plaintiff; but we are not satisfied that either its radical modification or its repeal would be expedient. A law much similar to ours exists in nearly every State in the Union, and in some of them—Massachusetts, for instance—not even a bond at its commencement is required. Let us try it a while longer. > Taking a stroll around town yesterday on a prospecting tour for “New Year’s” we noticed a number of gentlemen in a store, on Broad street and went in. We found them refreshing themselves with some soup which was simmering in a large kettle on the back room stove. Upon an invitation we joined them—found it exceedingly palatable, more so than any soup we had ever tasted—talked with the gentlemen, who all appeared to be in a most companionable mode, and then took some sowp—listened awhile to an excellent story, which “brought down the house” and then took some soup—after which-we took some soup and went out. When we got into the street we felt sort o’ queer—Broad street looked steeperthan we ever noticed it before—felt a disposition to sit down —went into the next house and did set down—fell into a pleasant reverie, and entirely forgot several little things we had intended to do, and was aroused a couple of hoursafterwards by a messenger sent after copy. It was very singular soup indeed,—but it must have been soup, for it had crackers in it. Arrest.—An Indian, called Charley, was arrested near this place on Saturday last, on a charge of murder committed at Whisky Bar, Placer county, a few months since. Ié seems that Charley was arrested at the time of the alleged crime, but escaped from the hands of the officers, and has since been concealed in the vicinity of Nevada— When he was first reec gnized he shammed a brekeu back, but recovered in season to do some very good running before an officer could be brought to the spot. Constable Gregory, however, by means of a few judicious threats, suceeeded in re-arresting him, and he is now lodged in the county jail. He will be sent to Auburn for examination. LirtLe York.—Water has been scarce at this mining locality for the last week or two, on account of the main ditch which supplies them being temporarily filled up with snow. This point is usually well provided with the all essential element. The claims which have been opened are all paying well, and the prebabilities are that there is still much undeveloped wealth in the vicinity.— We do not know of any other place in the county, which offers greater inducements for “prospecting.” The miners of Little York were to have had a grand trial of skill with the rifle, on yesterday, (New Year’s day) in a shooting match between the eastern and middle states men, parties of the first part, and the western and southern We have not heard the result, but suppose there was some “sharp shooting” all around. Great interest was takenin the men, parties of the second part. matter, and the whole community was enlisted on the one side or the other. The Little Yorkers are good fellows— barring their politics, which is mixed.— We hope they had a good time. ke Persons are often heard to express surprise at the frequent use in legal documents, of such words as “said,” “aforesaid,” &c., rot observing that it prevents the necessity of repeating much longer phrases. We lately heard, however ofa New York lawyer who used one of the above words in rather an unusual connection, which may, or may‘ not have been in print before. The said lawyer brought an action against a com. mon carrier for lost goods, and after al-! leging in his complaint, that the defendant had “faithfully promised and undertaken to deliver them at Albany, in good order and well conditioned—the acts of God and the public enemies alone excepted,” he further set forth that “the said goods had been wholly lost to plaintiff, through the carelessness of defendant, and not by the act of the uforesaid God or the public enemies above mentioned. Tug Weatser—Abundance of snow and rain has fallen during the last week in our vicinity. At this present writing the snow lies six feet deep at Eureka, and in many directions the roads are impassible Notwithstanding two days rain, the hills about our town are still white with snow. The clouds give no signas yet of letting up, aod there is every prospect of a greater supply of this necessary element than we have had for years. = Senators Waite ad Chase left for the capital this morning to enter upon their legislative duties. fe Hugh F. McDermott, Esq. the great Tragedian, offered his services t the Eureka Fire Oompany, No, 1, of Marysville, to play for their benefit which they declined accepting. b> There are five State prison fon viots in San Francisco. Some have ob: tained permission to visit their families, andsome are making arrangements for new trials. To Be nuNG.—John Wise and Johu Fehley, convicted of murder in the secand degree, was sentenced to be executed on the 16th inst., in the county 2g Trinity. ResicNaTion OF Jupce HeEypeEnELDT.—The Hon. 8. Heydenfeldt has signed his seat on the Supreme beneh f California, having occupied it tor any years—almost, in fact, since the nfancy of our judicial system. That he as discharged the duties of his position ell, few, who are competent judges in he matter will deny. The judges of: ur Supreme Court have had the most rying and onerous duties to perform.— he rules of law—or rather the reason f these rules—they have had to apply o cases entirely new and anomalous in heir nature, and for which no precedent could be found in the books. It has een fortunate for the people of the tate, and particularly for those who live in the mining districts, that our Supreme ench has been occupied by men who were not mere technical lawyers, but of enlarged and liberal views, capable of understanding the peculiar condition of the country and administering law, not as a mere system of formalities, but as thescience of substantial justice. The. series of decisions in relation to mining interests, has met the approbation of~ those who are the best acquainted with, the subject. Many ‘complaints, we know, have. been made against the Supreme Court, but those have generally been the most. violent in their denunciations, who are the least qualified to juige of their duties. If the successor of Judge Heydenfeldt will but follow in his footsteps, we shall be satisfied. Man Traps. — We hereby warn all. foot passengers to beware of the bottomless mud hole just beyond the bridge at the foot of Main street. We undertook to cross it last night, and we! succeeded after a fashion ; but we saw another man —a short man—attempt the same feat, . and we think he failed. When we left he was up to his knees in mud and rapidly sinking. Some swearing was being done about that time. right with himin the spring. Nothing . but a shaft could reach him now. f= Snooks, although generally prosy, — For instance, .. sometimes gets eloquent. gazing the other night into the starry.heavens, (we know it has been cloudylately, but the stars cere shining on this. occasion,) and being impressed with the. magnificent investigations of astronomy, he suddenly burst forth as follows :—~ “How splendid are the achievements and how daring is the ambition of man! Fired by the coruseations of etherial. aspirations, he bursts the trammels of . his mundane vassalage, and soars awayto the home of the sun-beam, to watch, the revolution of countless myriads of * loftier spheres!" After delivering the foregoing, he went into May & Cody’s. Saloon, took an excellent whisky punch. and went to bed. New Firu.—T. B. McFarland ana! A.C. Niles have formed a partnership, for the practice of law. Their office ia. in Riley’s new brick building, corner off Pine and Broad streets. CuaNnce oF Hovr.—The service off the Episcopal church will be held next: Sunday at the House of Dr. Overton, as: half-past two o’clock P. M. instead off eleven o’clock A. M., as usual. MonumentaL Hotret.—The inewguration of this new hotel came off last evening, in fine style. Grush kept oper house, and treated his numerous friends: in the most liberal manner. His nea house is larger and more commodions: than the old, and as he is a good fellow. we predict for him a large share of the public patronage. eo" We are indebted to Welch of the Pioneer, and Hamlinof the Broad strees: Book Store, for abundant favors in thie way of newspapers and periodicals dua: ing the past week. Much obliged, gemotlemen. 1 We understand that, owing to th impassable state of the roads between. this place and Forest City, the stage will be temporarily withdrawn from that. route, {= A portion of the Atlantic mail arrived in Nevada ata late hour last evening. CORRESPONDENCE. NevapA, January Ist, 1857 Messrs Frisbie & Bain—Gentlemep 3— We, the members of your company and attaches of your Theatre, desirous of evincing our esteem for you as wen, and of testifying to the liberal manner in which you have acted towards us during the brief season which has just passed, respectfully tender youa Complimentary Benefit, to take place at such time as may best suit your convenience, We are gentlemen, Your ob’t servants, Mr. J. H. Warwick, J. R. Woopwarp. i 5: 8 Mrs. J. D. McGowan, Miss Louise DEMING, Sens Gouna tae, Jno. E, Ferauson. Peter Ean. J. C. DeFornest, Ws. LaPeine, Joun TURNER. W. CaNmAM, G, E, Witntnerton. J.D, McGowan. J. R, Paviiin, J. D. Haxks, J. M, Langpox, Gro, TiRRELL, G. N, TALLMAN, E. W. CHasez, Geonace A. GRAY, Wa, ScYROEDER, GrorGce Pierce, Putto W. Rice, J. W. McNett. D, B. Wimartn. : Nevapa, January Jst. 1857. Ladies and Gentlemen— We have received with grateful feelings the evidence of your esteem contained in your gencrous offer of a Com— plimentary benefit to us. Our pleasure is heightened by the consideration that it has been our constant desire during the period of our connexion with you to secure your kind wishes and regard. We accept with pleasure the Benefit you tender us, and would name Monday Evening, Jan. 5th, if it wil} suit your convenience. We remain,, Ladies and Seaton Ob Servs, L, .P Frispie, C. H. Barn, To Mr. Warwick, Miss Deming, Woodard, Paullin, McGowan, Ferguso® and others. It may be all : , ' i ‘ ' J