July 22, 1853 (4 pages)

=~ NEVADA aoe ——————— VOL. 3.--NO. 13: People vs. Walker Francisco and as tried before nN A J0 ————— EE: NEVADA, CALIFORNIA, FRIDAY MORNING, JULY 26, 1853. ADDRESS. ‘surely Wil) reasons why you did not rene a al made a publication of it, and afterHE JOURNA . wards returned the same tothe clerk, 5 when it was recorded and filed. pUpLISUED EVERY FRIDAY MORNING BY From the foregoing finding of facts BUDD & SARGENT the court has drawn the following de< ' duction of law. Ofsce on Broad street, opposite the Court . ‘ a In this case there was no direct conJudge Parsons at San . To the Miners of Grass Valley and vi{member the sabbath day to keep it holy for which the judge was attempted to. cunity. A : FELLOW Crrmess :—We would speak be impeached, and in the case of Judge to you affectionately on an important subPeck on impeachment before Con-' ject. We would enlist your sympathy and gress. There is not the least analogy co-operation in removing a great evil from You are aware that the obserwhen you were in California, you will not say to Him you had not time, you found it would not pay! What will be the value ofa few ounces weighed in the balance with such interests as these? What will L. anes Sk. WHOLE No., 169. Bush Creek Mining Laws. Rusa Creek, July 16th, 1853. We, the miners here convened, do make the following laws, which we deem expedient to facilitate mining on this Creek ; and also on all ravines running into this creek : Ist. This law shall be limited to Rush House. oe : in those cases to the ene now before our midst. Y they profit as the price of disregarding du: : Sor one yo1r, in advance tempt committed, or was the defendant} court. In both of those cases the convance of the sabbath has greatly fallen in-. ties such as these? Alas how. will they . Creek, below Bovyer’s store, and all raSix months 400 . So charged in the order of arrest. The tempt alleged to have been committed to disuse with-us. Sabbath deseération ex. eat as the canker and scath, as_ the fires of } vines runaing into said creek, inclusive of Three months 200 contempt if any, is of that class termed . consisted in publishing a libel u nthe ists in almost every form, and the sacred . perdition ! , : Ruse Run, and all ravines emptying into Single copies, 25 ¢t8. lin the law consequential, which if. +,4 A 8 = he iustitution is not forgotten wholly, nor‘are} Many considerations we might offer to. thesame. LEGAL BLANKS of all kinds for sale : judge of the: court, whereas in the 24 our citizens reckless of the multiform prompt you to discontinue this practiceand . 2d. Any miner shall. be permitted to at this office. committed is reprehensible, and liable present case no contempt can possibly . evils consequent upon its: desecration.—. observe the sabbath ; thereby you would JOB WORK of all kinds speedily and . to be punished as the former. be construed to have been offered to Many still remember the sabbath day, that neatly executed. ADVERTISEMENTS, to insure insertion, should be banded in as early as Thursday noon. Rates moderate. The main and only question neces-. the judge presiding, in or out of court, sary to be decided in this case is, has. or to any of the rules, orders, or procs the defendant Sargent committed a . ess of the district court then in session, contempt of this court in that, by pub-. as by the distinct averment in the orlishing the evidence of witnesses and ger of arrest, the defendant is requircommenting thereon, in the case of the. eq to show cause why he should not Opinion. people vs. H. Janssen, as taken in/pe punished for h District Court, 10th Judicial Dis-. the magistrates court, and during the testimony taken A. DE LANO & Co. are our agents at Grass Valle, at Wells, Fargo & Co.’s. before a committing day endeared to them by a thousand sacred associations ‘which are linked’ with their . {recoHections of their paternal’ fireside, of comply with the deniand of God’s law, secure his favor and the approbation of a good conscience. You would receive great physical benefit. Rest is an important law ‘childhood, of lessons of early instruction, . of physieal being. ‘The beast of burden and above all, of the sanctuary and its . privileges, they can not forget it. To blot ) : its remembrance from memory’s page, would . aving published the be to efface the most cherished and loved . to endure more than the beast of burden. recollections of the past. They would not . ‘compelled to drudge beneath its load for weeks without rest, becomes unfit for service. Man is not physically constituted By continued toil and labor without resttrict, Nevada county, June term, 1853. . time the case was pending in the dis— court, in the case mentioned, and com. forget it, nor can they be indifferent to the . ing at least one-seventh of your time, your The people vs. A, A. Sargent. The . triet court ? This ] will proceed to menting on the same so as to prejudice facts in the case are in sifbstance as . Consider with as little amplification as. the public mind, and thereby disturbfollows : On the 23d of March 1853, Henry tion as made wary as we have seen, to of justice, or the final trial of the case Jaussen was arrested in Nevada city. greatly prejudice the public mind, by a jury. for assaulting Eli Cook with intent to. Causing the community to prejudge. ~ 4 ftera careful examination of the kill, inflicting on his person two wounds . the case and rendering the final trial! sythorities now in reach of the coutt, of which he afterwards died. An examcf the accused difficult. and a mature and thoughtful considerination of the ease was had before Jus-. That this has been adjudged by. ation thereof, I am of the opinion that possible. ‘The effect of the publicaing and preventing the administration . ‘various effects of its desécration upon so-. ciety, neither can they be coutent without . ‘making some effort to avert this great evil. . . As evidence that there are friends of the sabbath in this community, a crowded house of the most respectable citizens: of Grass Valley, convened in the ME. church . . Where sentiments were expressed, breath-. ing the profoundest respect. and sympathy for the sabbath ; and resolutions express. ing in the strongest terms the divine origin tice Colburn who finally committed him high authority both in England and it is contempt in an editor of a newsphysical energies must suffer, and seriously. Observation and experience teach you this. Rest you must have. ‘Then why not rest on the Sabbath, the day set apart of God, and thus contribute to the peace and wellbeing of society? It will be greatly to your intellectual and moral advantage. One day in seven devoted to intellectual and moral pursuits cannot fail to promote the highest good of those who thus employ that time. Observation and facts undeniable, demonstrate that the non-observance on the charge of murder. In the court]in the courts of the United States to aper to write and publish any article of sessions the grand jury found ajamount toa contempt, 1s without any . calculated to.induce a community to true bill for murder, and the case was doubt, indeed I can find no exceptions prejudge a cause which must be tried transfered for trial to the district court. . to this ruling except in such cases by a jury selected from its vicinage, to ‘The cause came on to be heard at a. Where the statute laws of a state pre-. inflame and prejudice the public mind ; . special term of the district court held scribes what shall constitute & COR~! in any action then actually pending, in Nevada city in the month of May . tempt of court, and specially to limit} 444 undetermined, and more particulast, when the counsel for the prisoner. and define the cause. ‘The exceptions larly in a case involving /ife and death. moved for a change of venue to anoth-. are to be found in the act of Congress. There are no legal objections why an er coun‘y, on the ground that the prej-. 0f March 2d 1831, chapter 98, the proudices of the community in Nevada. Visions of which were afterwards adop-. facts concerning any homicide or mat. of this institution and its superior claims upon man, were universally adopted. A' of the Sabbath tends to the intellectual and ‘subsequent meeting was held on the even-; moral injury of both individuals and com‘ing of July 10th, when means were sought . munities. ‘The individual Sabbath desefor counteracting the prevalent desecration . crator, necessarily becomes more and more of the sabbath in the form of secular busi-. immoral. The Sabbath desecrating cominess, labor, trade and traffic, which was . munity more and more abounds in vice and thought much might be done by securing . disorder. It may be stated as an axiom, ithe co-operation of the miners. Accor-/that no man or community can persist in dingly we were appointed a committee to . Sabbath desecration, without physical, inaddress you on the subject. Without cir-. tellectual and moral injury, and vice versa, editor may not state and publish the/. cumlocution we at once state to you the . physical, intellectual and moral good, is object of our address. In behalf of the/ever the rich reward of the faithfal Sabcounty had been, and were than great-. ted by the states of Ohio, Tennessee. . tors of Jike occurrence before the ac. friends of the sabbath, of good order, and . bath observer. God has placed a choice ly excited against the accused by reas-. New York has virtually enacted by. oused is committed for trial, and to’ on of the publication of the testimony . Statute the common law of England, . jake such comments in relation theretaken before the committing court, in} and courts there can punish “for the to, as are not false or libelous. Yet it a newspaper called the Nevada Jour. publication of false or grossly inaccu-. ;, morally wrong, as all must agree, if nal, and the improper commentaries . rate reports of its proceedings.” In the éditor is given to understand that made upon the case by the editor of Pennsylvania by the act of 1809, and the case will undergo judicial investithat paper. This motion was over-. its revised civil code of 1835, the powgation, and for this reason with well good morals, we would persuade you to. }reward over against the fourth command‘abandom the custom of laboring on the . ment. Keep the commandment, and the sabbath, of laying in your supplies, thus . prize is yours, richer, far, than all of Calithronging the streets, stores, and making . fornia’s gold. the sabbath the. day of trade and traffic ;} You would accomplish great good for and to return to the time honored—Heaven . society. Disguise it as we may, Sabbath appointed andHeaven blessed arrangement, } desecration in its open forms, is one of the of doing all labor and trade in six days, . worst evils that can afflict a community. ruled by the court on the ground that. er to imprison is limited to contempts the best mode of testing the existence . committed in open court. In that state of such a state of feeling, was by an. no publication out of court, respecting . rather than to risk doing the publie or attempt te procure an unbiased jury. the conduct of the court, or any of Its . the accused an injustice, by throwing A yenire was i-sued for one-hundred . Oflicers, jurors, witnesses, or parties tO} 5} tacles in the way of, and preventjurors and placed in the hands of the; 4 cause pending in court, exposes the sheriff, who returned the same on the; party to a summary punishment ; the conven‘ng of the court. On the imremedy is by tndictment or an action pannelling of the trial jury, it was atlaw. Thisis no repealor abrogabelieve to be the privilege, and in and resting on the sabbath. We say custom becanse it is no more . with you. However great necessity may . have appeared in former years or may yet . appear in different portions of the country, for this ruinous innovation, certain it is, you miners of Grass Valley and vicinity . can claim no such necessity. You do so, . not because your early training, your better judgment, your finer feelings, or any . necessity compels you, but because others informed public journalist they forbear to publish more than a bare statement, ing a fair and impartial trial by a jury of his peers. As before intimated I accede what I It disorders society throughout all its ramifications. You have the power, more than any others, to curse this community with this baleful evil—and you have the power to remove it. This we would urge as one of the highest considerations that could prompt you to action on this subject — However you might promote your own good,no one should live to himself. Motives of the purest benevolence speak to you here. They call to you in behalf of the * idence. found that many of the jurors sum-. tion of the law as understood before) many eases the duty of the conductors . moned, (though they had been taken/. that time, as specially decided in the} oF the press to discuss in any manner from places remote from where the. case of Respublica vs. Osward in Ist their judgments dictate (provided it is. homicide was-committed,) had formed . Dallas 319. The law of that state! no¢ libelous) the decision or judgment and expressed an unqualified opinion . now, only alters the remedy, but still of any court, or the conduct of the as to the guilt or innocence of the pris. recognises the offence of publishing judge or the officers, in any cause oner, from reading the account as*pub-. to be unlawful, and punishable by in. 'which has been finally determined. To} lished in the Nevada Journal ; this of . dictment, or suit for damages, instead] 416 otherwise would be a gross attack course disqualified them as jurors, and of fine and imprisonment by the court. upon the liberties of the press, whilst it was with much difficulty and at great. Excepting the modifieations by stat-/ 4, permit the publication of evidence, expense to the county that a fair and,utes, as above recited I find the whole which is usually ex party in its charimpartial jury could be procured to try current of English and American de-. acter before examining and committhe prisoner. cisions to be, that the publication of an ting courts would lead to incaleuTable . On the 13th of May, the district article or paper to prejudice the publie, mischief and difficulty, during the pencourt being still in session an order was. t” @ cause then depending i$ @ CON-. dancy of the suit. made and placed in the hands of the. ¢empt, and may be punished upon an. ‘Pye only remaining question to be . sheriff to arrest the defendant, A. A.}order to show cause, yide Kent Ist decided, and which involves directly Sargent the editor, for an alleged convol. p. 301 and note, 4th Black’ 232, . yp, euilt or innocence of the defendtempt of this court, and to show cause Respublica vs, Jasmore 3d Yates 438, ant, is that of the jurisdiction of this why he should not be fined or impris-. 3d Wheeler’s criminal law, 1st pa. eaiirt: oned, in which order the cause of con-. __ By the statute of this state, under! 7 appears from the testimony and_ tempt was recited as follows : the head of “contempts and their pun-. the fact was mainly relied on by the “For having on the Ist day of April ishments” vide statutes 1851, p126, defendant’s counsel, that the district A. D. 1853, end at various times be-. sec. 480, it provides that certain acts! .ourt wag not in session at the time fore that, published in a newspaper jor omissions shall be deemed con-. the publication was made, and that the called the Nevada Journal an article. tempts, which are therein enumerated; . .ase of the people vs. Janssen had not purporting to be the testimony taken does this preclude the proper courts in been transmitted to that court for trial, before Justice Colburn of said coun-. this state frem punishing for other! and therefore the publication could be ty, on the 24th of March 1853, in the} equally clear contempts which may be} 4, contempt of this court. ; case of the people vs. Henry Janssen,/committed, and not set forth or in-. J pave already arrived at the conon the charge of assaulting E. Cook. cluded in our statute? Certainly not} gusion of law, that to constitute the with the intent to kill, commenting on/ for the statute no where imposes a lim-. the offence charged, the eause must be the facts of the case in said newspa-jitation of the powers of the court de-. untried and actually pending in the per, thereby prejudicing the public rived from the common law, but leaves . .ourt having jurisdiction, and it turns mind, and corrupting, and preventing. the law as it stood before the passage out in evidence in the present case, the administration of justice.” of the act. that no such suit of the people vs. The defendant appearing in court] Article 1st, sec. 9, of our constituJanssen had at that time been placed under arrest, defended his case in pro-. tion provides that “every citizen may . 5, the docket of the court. For this pria persona and after having argued. freely speak, write, and publish his ronson aloné tlé-order herein . before the cause, moved for a continuance,. sentiments on all subjects, being re—-. made is dismissed and the defendant which the court granted. sponsible for the abuse of that right &c. ‘discharged. W. T. Barsour, The case came on to be heard at the] No other right or privilege perhaps, District Judge. present term ; on the trial the follow-. as secured to our citizens by the coning additional facts were given in ev-. stitution is more highly prized and ap-. } cs Ws p non vg. Waite Lazor.--We preciated, than this of free and unreesterday rr oe pen seaptigg AR bed That the defendant made applica-. strained discussion of all matters and planter from the northerm part of Geortion to Justice Colburn for the testi-. subjects that incerest As public good, gia, ar oo ae to engage aon mony which was reducod to writing. and which relate to the proper govern-/ to work on his piantation. te a én eh examination of the aeaae. ment of the country, and the Ei menced harvesting, and requires addiJanssen, for the purpose of publishing ministration of the laws. ret “es the same, that Colburn fee! re. the Judiciary department 0 . go fused, saying to him that he should) ernment in its acts, 1s wae a bor can be employed more cqonoasisally assume no éuch responsibility, that. to be reviewed, criticise ws cera than that of hired slaves.—N. Y. JourJudge Buckner being present, advis-. as either the executive or legislative, . naj of Commerce. ed ot to persist in publishing . the reason of which is too obvious he 3 aS ea cea cht the sites time. mention. Ifthe party wiitingor pub-} Brexcn.— Dismal Jeems of the San g im his Sarvent . lishing abuse this sacred constitutional . Joaquin Republican, gets dus ania re taked th RS “the right ike the laws of the country pro—_ = ne Sei city cotemporary, testimony to the clerk’s office to be fil-. vide and furnish to the injured party . wh : ed there, and again asked to have it,] ample redress, vide matter of impeachwhen the clerk told him that he had. ment of Judge Parsons 1 Cal. Rep. no control over the paper until it was 550 to 555. > filed in his office. Sargent then with-] — out permission retained the testimony, . cile slaves places it beyond his ability to cramento State Journal, is in town. d in argument, the cases of the! kiss-ky-dee,—Union. tional help; but the enhanced value of purchase a larger supply, and white lagets off the following « ‘Gouger,’ the French editor of the 74 e€ is so elated at his promotion, that he has forgotten his native language. All he can The learned counsel for the defence . cay now, is si, wee, tout le meme chose, and . pay have done so, because the majority of mi-. happiness of your neighbor—your brother ners continue to do so, and because it may . —the community in which you live, and be convenient for you. What reasons can . the uprising generation around you. you urge for not abandoning this custom} In conclusion, in the spirit of charity— or the call of the friends of the sabbath, and . with motives the best intended—as fellowwhen the interests of society so loudly de-. citizens—as brethren—we appeal to you, mands it? Do you object that we are act-. in the name of the friends of the Sabbath ing partially, unkindly in addressing you/in the name of those families who have alone, thus indirectly pointing you out to}come from the bosom of the church—who the public as the greatest moral delinquents, . have been reared in the lap of our holy whilst the merchant, the mechanic, the sa-. Christianity, whose hearts are pained and loon keeper and others are equally if not . feelings outraged by the boldness with more responsible 2? No doubt they are all} which this cherished institution is tramfearfully responsible. They have the pow. pled in the dust. er as a body to suppress this evil, but indi-. . We beseech you by the prayers, the tears, vidually they have not. It has been found . the early instructions and Godly admonidifficult if not impracticable for them to act . tions of your beloved fathers and mothers, asa body. Some will sell to you on the} who taught you the fear of the Lord, and sabbath if you ask them, as they regard/to observe his Sabbath. We appeal to your dust more than the law of God or/you by your indebtedness for light and good of society. Thus you compel others} knowledge to the Hoy Braue, and by the to throw open their doors to you for they . respect and reverence you have for its sawill have your custom at all hazards. Truc, . cred truths. In the name of the up-rising they can not be held guiltless in this, or . generation in our midst, who are compellexcusable—the principle is a miserable . ed to live and breathe in the very atmosone. But you tempt them to depart from} phere of Godlessness—in the name of the correct principle—your shining scales are} community in which you live—of our free powerful. «Some men will put their con-. and happy institutions, which will wither sciences under their counters or in their}and blast in the hands of a Godless and bottles, when you place them before their} Sabbath desecrating people—in the name eyes. Therefore we address you first, not }of our common Christianity, the only hope because you are deemed “sinners above all. of our lost world—in the name of Gop, others,” but because you are the most nu-} who created, redeemed, preserves, and will merous, most influential portion of the com-. judge you—in the name of interests to munity, are capable of accomplishing more . yourselves and the world, high as heaven, in this noble reform than any other class} wide as the universe, deep as hell, and lasof our citizens. ting as eternity—-we beseech you, ravse Do you say it is impracticable ? That] and reriect. Go not another step with the custom is long established, that the} the reckless multitude in trampling this ormultitude follow it and that we can not} dinance of hegven under their feet, and inturn them! So you might say impossible] flicting on themselves and community the for a company of your cay oes frater-. worst of evils. Come, and with us, strive nity who are about to dig down a moun-j to turn away from this fair land the desotain or pierce it witha tunnel. But they} lating tide of Sabbath desecration, which can do it. And it takes no Sampsonian} threatens to make ita moralsahara. Then, strength or effort either, only let them re-] when old age comes upon you, you can remove particles enough. Continued shovel) pose in quictude, beneath the peaceful fulls will bring the highest mountains into . shades of the christian institutions you have the valley ; repeated strokes will pierce. helped establish. Your consciences will through its rock ribed sides. ‘Then seck . whisper, you have done well. Future gento change. this custom, by removing par-/ erations will rise up and call you blessed. ticles. Go to work at it as you would run} Gop wi BLEss you. With our best wisha tunnel or sink a shaft. Instead of strug-. es and sincere prayers for your present and gling after the multitude because they will . everlasting well-being, we leave the subject go, and not turn back, you turn yourself,{ with you. D. A. DRYDEN, influence your nearest fehow, your partner JOHN C. SIMMONS, to turn, then both of you influence others, J.G. HALE. and rest assured the desired object will be accomplished. : But you say you cannot spare the time, that it will not pay. “Ah! there is the rub,” we had hoped you would-not urge that i arg aye A apr = o sidered it. : ilanthropists point . ' a you to the body, icin moral, and _politi—— composed. It is thought phe bir: cal of society wounded, in the dust, bruised} "1 prosecuted this season as far as the and mangled, and. urge you to help lift it . present appropriation will permit. up and pour in the healing oil, surely you ‘ will not pass by on the other side and say His N AME.—The name of the young you have not time, you fear it will not . man drowned in Feather river by falling The Salem, Oregon, Statesman, says : The foundation of the Territorial Capitol, at this place, is nearly completed. It Is constructed of hewrt stone, of which material the whole structure, we understand, ‘And when God speaks to you, (as he . was Frederick Ramsey. < from the guard of the steamer Goy. Dana, held four claims by purchase, and one by loeation, + ot .3d. Any man owning dry diggings, shall be permitted to hold the same, (without working) until the rainy season sets in. 4th. The greatest length of time that miners shall hold workable diggings, without laboring on the same, shall be ten days. Sth. Any miner or company of miners, shall have the privilege of cutting a ditch or drain sufficient to drain their diggings. 6th. Sixty feet in length, and extending from one bank of the creek to the other, shall be considered one claim. WM. WEBSTER, Sec’yFiled July 18th, 1853, and duly reeorded in book B, miscellaneous records, Nevada co. Wx. S. Parrerson, recorder. Be The following are from the State Journal of Monday :—. Be=Sceveral lots of cattle from Salt Lake and Carson Valley, have’ passed through Placerville during the past week. Be=A man was arrested on Saturday, in this city; for attempting to pass a counterfeit ten dollar gold piece. He happened to be a stranger, and alleged that he received the piece in change for a slug, prior to his leaving Marysville’ on that morning. Bas A small quantity of bogus gold dust was sold to one of our banking-houses on Saturday. It was an excellent imitation, and very difficult to detect. kbesWe took a walk down the Levee yesterday, and were surprised to see the immense quantity of goods of every description landed from the bay boats on that morning. Those who think Sacramento is not prospering, should take a look at our freight lists. Be A man accused of furnishing morphine to the prisoners on the brig, by which Captain McDonald and others were poisoned, was arrested last night by a brother of Capt. McDonald and lodged in the s tion house. He is a Spanish negro. Rary.—We were favored* last evening with a most refreshing shower of rain. It may surprise some to have such an oceurrence in the middle of July in California, yet we believe we had rain in this city last year, both in June and July. Wortntity Done.--The Santa Clara Register, formerly an independent paper, has placed the nominees of the Whig State Convention at the head of its columns, to be supported for the respective offices to which the individuals composing it have been nominated. From Capt. Love’s Rayoers.—Capt. Conner who arrived in town Friday, says the San Joaquin Republican, from Mariposa, in search of one of Joaquin’s late gang, who killed Mr. Welch at San Jose, informs us that the company of Rangers are at.present on the other side of the coast range of mountains in search of a band of robbers. The company have done good service in Mariposa county. When they entered upon their duties not a night. passed when some house was not broken open, semeanimal stolen, or some other robbery conimitted, while during the last three wecks not an act of the kind has been heard of. All honor, then, to Capt. Love’s Rangers, and his brave band. ‘The company will do much in Mariposa county for the commdn good. We also learn that a man was killed, at Orinitis,on Monday. It appears that one named White and his partner, who owned a mining claim, had a quarrel on the day in question ; a dispute arose, and White shot his partner dead on the spot. He immediately gave himself up to the authorities. Aw Ixctpent.—Yesterday morning, a horse fell partially through the planking of Montgomery street, when almost in an instant, he was surrounded by a dense crowd, with great anxiety depicited on the face ofeach. How readily the most trivial occurrence produces such an assemblage. Curiosity is the germ of knowledge.—S, F. Herald. Exerrement.—During the week a great excitement arose at Drytown, says the Chronicle in consequence of the frequency of the secret murders which have been pertrated on the trail betweon that place and Piddletown, more especially the recent case of the death of the Treasurer of the Water Company. All the bodies found have been ‘shot from behind with a musket ball. It was determined to. send out a scouring party, but little can be expected from such means, as suspicion is utterly at fault. B6~ Flaynau has written a history of the Hungarian war. The MSS. haveteen foand among his papers, and will be published. cusntrnendimin opines sapsintnicanege ian Be~The U. 5. Marine Hospita) at Rincon Point, now complete to the square above the third story, presents an imposing appearance from all parts of the city. It is a substantial building, and an ernament to the city.— S$ F. Herald, os

=~ NEVADA aoe ——————— VOL. 3.--NO. 13: People vs. Walker Francisco and as tried before nN A J0 ————— EE: NEVADA, CALIFORNIA, FRIDAY MORNING, JULY 26, 1853. ADDRESS. ‘surely Wil) reasons why you did not rene a al made a publication of it, and afterHE JOURNA . wards returned the same tothe clerk, 5 when it was recorded and filed. pUpLISUED EVERY FRIDAY MORNING BY From the foregoing finding of facts BUDD & SARGENT the court has drawn the following de< ' duction of law. Ofsce on Broad street, opposite the Court . ‘ a In this case there was no direct conJudge Parsons at San . To the Miners of Grass Valley and vi{member the sabbath day to keep it holy for which the judge was attempted to. cunity. A : FELLOW Crrmess :—We would speak be impeached, and in the case of Judge to you affectionately on an important subPeck on impeachment before Con-' ject. We would enlist your sympathy and gress. There is not the least analogy co-operation in removing a great evil from You are aware that the obserwhen you were in California, you will not say to Him you had not time, you found it would not pay! What will be the value ofa few ounces weighed in the balance with such interests as these? What will L. anes Sk. WHOLE No., 169. Bush Creek Mining Laws. Rusa Creek, July 16th, 1853. We, the miners here convened, do make the following laws, which we deem expedient to facilitate mining on this Creek ; and also on all ravines running into this creek : Ist. This law shall be limited to Rush House. oe : in those cases to the ene now before our midst. Y they profit as the price of disregarding du: : Sor one yo1r, in advance tempt committed, or was the defendant} court. In both of those cases the convance of the sabbath has greatly fallen in-. ties such as these? Alas how. will they . Creek, below Bovyer’s store, and all raSix months 400 . So charged in the order of arrest. The tempt alleged to have been committed to disuse with-us. Sabbath deseération ex. eat as the canker and scath, as_ the fires of } vines runaing into said creek, inclusive of Three months 200 contempt if any, is of that class termed . consisted in publishing a libel u nthe ists in almost every form, and the sacred . perdition ! , : Ruse Run, and all ravines emptying into Single copies, 25 ¢t8. lin the law consequential, which if. +,4 A 8 = he iustitution is not forgotten wholly, nor‘are} Many considerations we might offer to. thesame. LEGAL BLANKS of all kinds for sale : judge of the: court, whereas in the 24 our citizens reckless of the multiform prompt you to discontinue this practiceand . 2d. Any miner shall. be permitted to at this office. committed is reprehensible, and liable present case no contempt can possibly . evils consequent upon its: desecration.—. observe the sabbath ; thereby you would JOB WORK of all kinds speedily and . to be punished as the former. be construed to have been offered to Many still remember the sabbath day, that neatly executed. ADVERTISEMENTS, to insure insertion, should be banded in as early as Thursday noon. Rates moderate. The main and only question neces-. the judge presiding, in or out of court, sary to be decided in this case is, has. or to any of the rules, orders, or procs the defendant Sargent committed a . ess of the district court then in session, contempt of this court in that, by pub-. as by the distinct averment in the orlishing the evidence of witnesses and ger of arrest, the defendant is requircommenting thereon, in the case of the. eq to show cause why he should not Opinion. people vs. H. Janssen, as taken in/pe punished for h District Court, 10th Judicial Dis-. the magistrates court, and during the testimony taken A. DE LANO & Co. are our agents at Grass Valle, at Wells, Fargo & Co.’s. before a committing day endeared to them by a thousand sacred associations ‘which are linked’ with their . {recoHections of their paternal’ fireside, of comply with the deniand of God’s law, secure his favor and the approbation of a good conscience. You would receive great physical benefit. Rest is an important law ‘childhood, of lessons of early instruction, . of physieal being. ‘The beast of burden and above all, of the sanctuary and its . privileges, they can not forget it. To blot ) : its remembrance from memory’s page, would . aving published the be to efface the most cherished and loved . to endure more than the beast of burden. recollections of the past. They would not . ‘compelled to drudge beneath its load for weeks without rest, becomes unfit for service. Man is not physically constituted By continued toil and labor without resttrict, Nevada county, June term, 1853. . time the case was pending in the dis— court, in the case mentioned, and com. forget it, nor can they be indifferent to the . ing at least one-seventh of your time, your The people vs. A, A. Sargent. The . triet court ? This ] will proceed to menting on the same so as to prejudice facts in the case are in sifbstance as . Consider with as little amplification as. the public mind, and thereby disturbfollows : On the 23d of March 1853, Henry tion as made wary as we have seen, to of justice, or the final trial of the case Jaussen was arrested in Nevada city. greatly prejudice the public mind, by a jury. for assaulting Eli Cook with intent to. Causing the community to prejudge. ~ 4 ftera careful examination of the kill, inflicting on his person two wounds . the case and rendering the final trial! sythorities now in reach of the coutt, of which he afterwards died. An examcf the accused difficult. and a mature and thoughtful considerination of the ease was had before Jus-. That this has been adjudged by. ation thereof, I am of the opinion that possible. ‘The effect of the publicaing and preventing the administration . ‘various effects of its desécration upon so-. ciety, neither can they be coutent without . ‘making some effort to avert this great evil. . . As evidence that there are friends of the sabbath in this community, a crowded house of the most respectable citizens: of Grass Valley, convened in the ME. church . . Where sentiments were expressed, breath-. ing the profoundest respect. and sympathy for the sabbath ; and resolutions express. ing in the strongest terms the divine origin tice Colburn who finally committed him high authority both in England and it is contempt in an editor of a newsphysical energies must suffer, and seriously. Observation and experience teach you this. Rest you must have. ‘Then why not rest on the Sabbath, the day set apart of God, and thus contribute to the peace and wellbeing of society? It will be greatly to your intellectual and moral advantage. One day in seven devoted to intellectual and moral pursuits cannot fail to promote the highest good of those who thus employ that time. Observation and facts undeniable, demonstrate that the non-observance on the charge of murder. In the court]in the courts of the United States to aper to write and publish any article of sessions the grand jury found ajamount toa contempt, 1s without any . calculated to.induce a community to true bill for murder, and the case was doubt, indeed I can find no exceptions prejudge a cause which must be tried transfered for trial to the district court. . to this ruling except in such cases by a jury selected from its vicinage, to ‘The cause came on to be heard at a. Where the statute laws of a state pre-. inflame and prejudice the public mind ; . special term of the district court held scribes what shall constitute & COR~! in any action then actually pending, in Nevada city in the month of May . tempt of court, and specially to limit} 444 undetermined, and more particulast, when the counsel for the prisoner. and define the cause. ‘The exceptions larly in a case involving /ife and death. moved for a change of venue to anoth-. are to be found in the act of Congress. There are no legal objections why an er coun‘y, on the ground that the prej-. 0f March 2d 1831, chapter 98, the proudices of the community in Nevada. Visions of which were afterwards adop-. facts concerning any homicide or mat. of this institution and its superior claims upon man, were universally adopted. A' of the Sabbath tends to the intellectual and ‘subsequent meeting was held on the even-; moral injury of both individuals and com‘ing of July 10th, when means were sought . munities. ‘The individual Sabbath desefor counteracting the prevalent desecration . crator, necessarily becomes more and more of the sabbath in the form of secular busi-. immoral. The Sabbath desecrating cominess, labor, trade and traffic, which was . munity more and more abounds in vice and thought much might be done by securing . disorder. It may be stated as an axiom, ithe co-operation of the miners. Accor-/that no man or community can persist in dingly we were appointed a committee to . Sabbath desecration, without physical, inaddress you on the subject. Without cir-. tellectual and moral injury, and vice versa, editor may not state and publish the/. cumlocution we at once state to you the . physical, intellectual and moral good, is object of our address. In behalf of the/ever the rich reward of the faithfal Sabcounty had been, and were than great-. ted by the states of Ohio, Tennessee. . tors of Jike occurrence before the ac. friends of the sabbath, of good order, and . bath observer. God has placed a choice ly excited against the accused by reas-. New York has virtually enacted by. oused is committed for trial, and to’ on of the publication of the testimony . Statute the common law of England, . jake such comments in relation theretaken before the committing court, in} and courts there can punish “for the to, as are not false or libelous. Yet it a newspaper called the Nevada Jour. publication of false or grossly inaccu-. ;, morally wrong, as all must agree, if nal, and the improper commentaries . rate reports of its proceedings.” In the éditor is given to understand that made upon the case by the editor of Pennsylvania by the act of 1809, and the case will undergo judicial investithat paper. This motion was over-. its revised civil code of 1835, the powgation, and for this reason with well good morals, we would persuade you to. }reward over against the fourth command‘abandom the custom of laboring on the . ment. Keep the commandment, and the sabbath, of laying in your supplies, thus . prize is yours, richer, far, than all of Calithronging the streets, stores, and making . fornia’s gold. the sabbath the. day of trade and traffic ;} You would accomplish great good for and to return to the time honored—Heaven . society. Disguise it as we may, Sabbath appointed andHeaven blessed arrangement, } desecration in its open forms, is one of the of doing all labor and trade in six days, . worst evils that can afflict a community. ruled by the court on the ground that. er to imprison is limited to contempts the best mode of testing the existence . committed in open court. In that state of such a state of feeling, was by an. no publication out of court, respecting . rather than to risk doing the publie or attempt te procure an unbiased jury. the conduct of the court, or any of Its . the accused an injustice, by throwing A yenire was i-sued for one-hundred . Oflicers, jurors, witnesses, or parties tO} 5} tacles in the way of, and preventjurors and placed in the hands of the; 4 cause pending in court, exposes the sheriff, who returned the same on the; party to a summary punishment ; the conven‘ng of the court. On the imremedy is by tndictment or an action pannelling of the trial jury, it was atlaw. Thisis no repealor abrogabelieve to be the privilege, and in and resting on the sabbath. We say custom becanse it is no more . with you. However great necessity may . have appeared in former years or may yet . appear in different portions of the country, for this ruinous innovation, certain it is, you miners of Grass Valley and vicinity . can claim no such necessity. You do so, . not because your early training, your better judgment, your finer feelings, or any . necessity compels you, but because others informed public journalist they forbear to publish more than a bare statement, ing a fair and impartial trial by a jury of his peers. As before intimated I accede what I It disorders society throughout all its ramifications. You have the power, more than any others, to curse this community with this baleful evil—and you have the power to remove it. This we would urge as one of the highest considerations that could prompt you to action on this subject — However you might promote your own good,no one should live to himself. Motives of the purest benevolence speak to you here. They call to you in behalf of the * idence. found that many of the jurors sum-. tion of the law as understood before) many eases the duty of the conductors . moned, (though they had been taken/. that time, as specially decided in the} oF the press to discuss in any manner from places remote from where the. case of Respublica vs. Osward in Ist their judgments dictate (provided it is. homicide was-committed,) had formed . Dallas 319. The law of that state! no¢ libelous) the decision or judgment and expressed an unqualified opinion . now, only alters the remedy, but still of any court, or the conduct of the as to the guilt or innocence of the pris. recognises the offence of publishing judge or the officers, in any cause oner, from reading the account as*pub-. to be unlawful, and punishable by in. 'which has been finally determined. To} lished in the Nevada Journal ; this of . dictment, or suit for damages, instead] 416 otherwise would be a gross attack course disqualified them as jurors, and of fine and imprisonment by the court. upon the liberties of the press, whilst it was with much difficulty and at great. Excepting the modifieations by stat-/ 4, permit the publication of evidence, expense to the county that a fair and,utes, as above recited I find the whole which is usually ex party in its charimpartial jury could be procured to try current of English and American de-. acter before examining and committhe prisoner. cisions to be, that the publication of an ting courts would lead to incaleuTable . On the 13th of May, the district article or paper to prejudice the publie, mischief and difficulty, during the pencourt being still in session an order was. t” @ cause then depending i$ @ CON-. dancy of the suit. made and placed in the hands of the. ¢empt, and may be punished upon an. ‘Pye only remaining question to be . sheriff to arrest the defendant, A. A.}order to show cause, yide Kent Ist decided, and which involves directly Sargent the editor, for an alleged convol. p. 301 and note, 4th Black’ 232, . yp, euilt or innocence of the defendtempt of this court, and to show cause Respublica vs, Jasmore 3d Yates 438, ant, is that of the jurisdiction of this why he should not be fined or impris-. 3d Wheeler’s criminal law, 1st pa. eaiirt: oned, in which order the cause of con-. __ By the statute of this state, under! 7 appears from the testimony and_ tempt was recited as follows : the head of “contempts and their pun-. the fact was mainly relied on by the “For having on the Ist day of April ishments” vide statutes 1851, p126, defendant’s counsel, that the district A. D. 1853, end at various times be-. sec. 480, it provides that certain acts! .ourt wag not in session at the time fore that, published in a newspaper jor omissions shall be deemed con-. the publication was made, and that the called the Nevada Journal an article. tempts, which are therein enumerated; . .ase of the people vs. Janssen had not purporting to be the testimony taken does this preclude the proper courts in been transmitted to that court for trial, before Justice Colburn of said coun-. this state frem punishing for other! and therefore the publication could be ty, on the 24th of March 1853, in the} equally clear contempts which may be} 4, contempt of this court. ; case of the people vs. Henry Janssen,/committed, and not set forth or in-. J pave already arrived at the conon the charge of assaulting E. Cook. cluded in our statute? Certainly not} gusion of law, that to constitute the with the intent to kill, commenting on/ for the statute no where imposes a lim-. the offence charged, the eause must be the facts of the case in said newspa-jitation of the powers of the court de-. untried and actually pending in the per, thereby prejudicing the public rived from the common law, but leaves . .ourt having jurisdiction, and it turns mind, and corrupting, and preventing. the law as it stood before the passage out in evidence in the present case, the administration of justice.” of the act. that no such suit of the people vs. The defendant appearing in court] Article 1st, sec. 9, of our constituJanssen had at that time been placed under arrest, defended his case in pro-. tion provides that “every citizen may . 5, the docket of the court. For this pria persona and after having argued. freely speak, write, and publish his ronson aloné tlé-order herein . before

the cause, moved for a continuance,. sentiments on all subjects, being re—-. made is dismissed and the defendant which the court granted. sponsible for the abuse of that right &c. ‘discharged. W. T. Barsour, The case came on to be heard at the] No other right or privilege perhaps, District Judge. present term ; on the trial the follow-. as secured to our citizens by the coning additional facts were given in ev-. stitution is more highly prized and ap-. } cs Ws p non vg. Waite Lazor.--We preciated, than this of free and unreesterday rr oe pen seaptigg AR bed That the defendant made applica-. strained discussion of all matters and planter from the northerm part of Geortion to Justice Colburn for the testi-. subjects that incerest As public good, gia, ar oo ae to engage aon mony which was reducod to writing. and which relate to the proper govern-/ to work on his piantation. te a én eh examination of the aeaae. ment of the country, and the Ei menced harvesting, and requires addiJanssen, for the purpose of publishing ministration of the laws. ret “es the same, that Colburn fee! re. the Judiciary department 0 . go fused, saying to him that he should) ernment in its acts, 1s wae a bor can be employed more cqonoasisally assume no éuch responsibility, that. to be reviewed, criticise ws cera than that of hired slaves.—N. Y. JourJudge Buckner being present, advis-. as either the executive or legislative, . naj of Commerce. ed ot to persist in publishing . the reason of which is too obvious he 3 aS ea cea cht the sites time. mention. Ifthe party wiitingor pub-} Brexcn.— Dismal Jeems of the San g im his Sarvent . lishing abuse this sacred constitutional . Joaquin Republican, gets dus ania re taked th RS “the right ike the laws of the country pro—_ = ne Sei city cotemporary, testimony to the clerk’s office to be fil-. vide and furnish to the injured party . wh : ed there, and again asked to have it,] ample redress, vide matter of impeachwhen the clerk told him that he had. ment of Judge Parsons 1 Cal. Rep. no control over the paper until it was 550 to 555. > filed in his office. Sargent then with-] — out permission retained the testimony, . cile slaves places it beyond his ability to cramento State Journal, is in town. d in argument, the cases of the! kiss-ky-dee,—Union. tional help; but the enhanced value of purchase a larger supply, and white lagets off the following « ‘Gouger,’ the French editor of the 74 e€ is so elated at his promotion, that he has forgotten his native language. All he can The learned counsel for the defence . cay now, is si, wee, tout le meme chose, and . pay have done so, because the majority of mi-. happiness of your neighbor—your brother ners continue to do so, and because it may . —the community in which you live, and be convenient for you. What reasons can . the uprising generation around you. you urge for not abandoning this custom} In conclusion, in the spirit of charity— or the call of the friends of the sabbath, and . with motives the best intended—as fellowwhen the interests of society so loudly de-. citizens—as brethren—we appeal to you, mands it? Do you object that we are act-. in the name of the friends of the Sabbath ing partially, unkindly in addressing you/in the name of those families who have alone, thus indirectly pointing you out to}come from the bosom of the church—who the public as the greatest moral delinquents, . have been reared in the lap of our holy whilst the merchant, the mechanic, the sa-. Christianity, whose hearts are pained and loon keeper and others are equally if not . feelings outraged by the boldness with more responsible 2? No doubt they are all} which this cherished institution is tramfearfully responsible. They have the pow. pled in the dust. er as a body to suppress this evil, but indi-. . We beseech you by the prayers, the tears, vidually they have not. It has been found . the early instructions and Godly admonidifficult if not impracticable for them to act . tions of your beloved fathers and mothers, asa body. Some will sell to you on the} who taught you the fear of the Lord, and sabbath if you ask them, as they regard/to observe his Sabbath. We appeal to your dust more than the law of God or/you by your indebtedness for light and good of society. Thus you compel others} knowledge to the Hoy Braue, and by the to throw open their doors to you for they . respect and reverence you have for its sawill have your custom at all hazards. Truc, . cred truths. In the name of the up-rising they can not be held guiltless in this, or . generation in our midst, who are compellexcusable—the principle is a miserable . ed to live and breathe in the very atmosone. But you tempt them to depart from} phere of Godlessness—in the name of the correct principle—your shining scales are} community in which you live—of our free powerful. «Some men will put their con-. and happy institutions, which will wither sciences under their counters or in their}and blast in the hands of a Godless and bottles, when you place them before their} Sabbath desecrating people—in the name eyes. Therefore we address you first, not }of our common Christianity, the only hope because you are deemed “sinners above all. of our lost world—in the name of Gop, others,” but because you are the most nu-} who created, redeemed, preserves, and will merous, most influential portion of the com-. judge you—in the name of interests to munity, are capable of accomplishing more . yourselves and the world, high as heaven, in this noble reform than any other class} wide as the universe, deep as hell, and lasof our citizens. ting as eternity—-we beseech you, ravse Do you say it is impracticable ? That] and reriect. Go not another step with the custom is long established, that the} the reckless multitude in trampling this ormultitude follow it and that we can not} dinance of hegven under their feet, and inturn them! So you might say impossible] flicting on themselves and community the for a company of your cay oes frater-. worst of evils. Come, and with us, strive nity who are about to dig down a moun-j to turn away from this fair land the desotain or pierce it witha tunnel. But they} lating tide of Sabbath desecration, which can do it. And it takes no Sampsonian} threatens to make ita moralsahara. Then, strength or effort either, only let them re-] when old age comes upon you, you can remove particles enough. Continued shovel) pose in quictude, beneath the peaceful fulls will bring the highest mountains into . shades of the christian institutions you have the valley ; repeated strokes will pierce. helped establish. Your consciences will through its rock ribed sides. ‘Then seck . whisper, you have done well. Future gento change. this custom, by removing par-/ erations will rise up and call you blessed. ticles. Go to work at it as you would run} Gop wi BLEss you. With our best wisha tunnel or sink a shaft. Instead of strug-. es and sincere prayers for your present and gling after the multitude because they will . everlasting well-being, we leave the subject go, and not turn back, you turn yourself,{ with you. D. A. DRYDEN, influence your nearest fehow, your partner JOHN C. SIMMONS, to turn, then both of you influence others, J.G. HALE. and rest assured the desired object will be accomplished. : But you say you cannot spare the time, that it will not pay. “Ah! there is the rub,” we had hoped you would-not urge that i arg aye A apr = o sidered it. : ilanthropists point . ' a you to the body, icin moral, and _politi—— composed. It is thought phe bir: cal of society wounded, in the dust, bruised} "1 prosecuted this season as far as the and mangled, and. urge you to help lift it . present appropriation will permit. up and pour in the healing oil, surely you ‘ will not pass by on the other side and say His N AME.—The name of the young you have not time, you fear it will not . man drowned in Feather river by falling The Salem, Oregon, Statesman, says : The foundation of the Territorial Capitol, at this place, is nearly completed. It Is constructed of hewrt stone, of which material the whole structure, we understand, ‘And when God speaks to you, (as he . was Frederick Ramsey. < from the guard of the steamer Goy. Dana, held four claims by purchase, and one by loeation, + ot .3d. Any man owning dry diggings, shall be permitted to hold the same, (without working) until the rainy season sets in. 4th. The greatest length of time that miners shall hold workable diggings, without laboring on the same, shall be ten days. Sth. Any miner or company of miners, shall have the privilege of cutting a ditch or drain sufficient to drain their diggings. 6th. Sixty feet in length, and extending from one bank of the creek to the other, shall be considered one claim. WM. WEBSTER, Sec’yFiled July 18th, 1853, and duly reeorded in book B, miscellaneous records, Nevada co. Wx. S. Parrerson, recorder. Be The following are from the State Journal of Monday :—. Be=Sceveral lots of cattle from Salt Lake and Carson Valley, have’ passed through Placerville during the past week. Be=A man was arrested on Saturday, in this city; for attempting to pass a counterfeit ten dollar gold piece. He happened to be a stranger, and alleged that he received the piece in change for a slug, prior to his leaving Marysville’ on that morning. Bas A small quantity of bogus gold dust was sold to one of our banking-houses on Saturday. It was an excellent imitation, and very difficult to detect. kbesWe took a walk down the Levee yesterday, and were surprised to see the immense quantity of goods of every description landed from the bay boats on that morning. Those who think Sacramento is not prospering, should take a look at our freight lists. Be A man accused of furnishing morphine to the prisoners on the brig, by which Captain McDonald and others were poisoned, was arrested last night by a brother of Capt. McDonald and lodged in the s tion house. He is a Spanish negro. Rary.—We were favored* last evening with a most refreshing shower of rain. It may surprise some to have such an oceurrence in the middle of July in California, yet we believe we had rain in this city last year, both in June and July. Wortntity Done.--The Santa Clara Register, formerly an independent paper, has placed the nominees of the Whig State Convention at the head of its columns, to be supported for the respective offices to which the individuals composing it have been nominated. From Capt. Love’s Rayoers.—Capt. Conner who arrived in town Friday, says the San Joaquin Republican, from Mariposa, in search of one of Joaquin’s late gang, who killed Mr. Welch at San Jose, informs us that the company of Rangers are at.present on the other side of the coast range of mountains in search of a band of robbers. The company have done good service in Mariposa county. When they entered upon their duties not a night. passed when some house was not broken open, semeanimal stolen, or some other robbery conimitted, while during the last three wecks not an act of the kind has been heard of. All honor, then, to Capt. Love’s Rangers, and his brave band. ‘The company will do much in Mariposa county for the commdn good. We also learn that a man was killed, at Orinitis,on Monday. It appears that one named White and his partner, who owned a mining claim, had a quarrel on the day in question ; a dispute arose, and White shot his partner dead on the spot. He immediately gave himself up to the authorities. Aw Ixctpent.—Yesterday morning, a horse fell partially through the planking of Montgomery street, when almost in an instant, he was surrounded by a dense crowd, with great anxiety depicited on the face ofeach. How readily the most trivial occurrence produces such an assemblage. Curiosity is the germ of knowledge.—S, F. Herald. Exerrement.—During the week a great excitement arose at Drytown, says the Chronicle in consequence of the frequency of the secret murders which have been pertrated on the trail betweon that place and Piddletown, more especially the recent case of the death of the Treasurer of the Water Company. All the bodies found have been ‘shot from behind with a musket ball. It was determined to. send out a scouring party, but little can be expected from such means, as suspicion is utterly at fault. B6~ Flaynau has written a history of the Hungarian war. The MSS. haveteen foand among his papers, and will be published. cusntrnendimin opines sapsintnicanege ian Be~The U. 5. Marine Hospita) at Rincon Point, now complete to the square above the third story, presents an imposing appearance from all parts of the city. It is a substantial building, and an ernament to the city.— S$ F. Herald, os