November 13, 1857 (4 pages)

The Hebade “Fourual, FRIDAY MORNING, NOV. 13th, 1857. Financial—— Tie Prospect —Iu consequence of the time required to obtain eoin fromthe Philadelphia mint in exchange for California bars, the bankers of the East in the present stringency of the money market, have ordered the shipment of no more bullion, and ingots are sold at a discount of about two per cent in New York. It requires but little reflection to discover the effect of this course pursued by Wall street, upon us. Tke mint at San Francisco is not in operation, and though advertised to open on the 16th will not get fairly under way till the first ot December or thereabouts and not in time to prevent steamers from lessening the circulating medium of the State from five to seven millions, which, near the close of the dry season, is an alarming drain upon our contracted currency. Suchan impoverishment of the currency of the State can hardly be attended but with evil, and that too of no short duration. The monetary exhaustion of the Eastern world must cali fora constant flow of the golden stream from the western fountains, leaving little chance to restore the loss which the five orseven millions will ereate in our currency. ‘The loss once sustained must be endured unless a dam to the flow can be suggested. There is no check which can be relied on for security. The money once gone fromour shores is hopelessly gone for ever, and nothing appears to stay the shipment of about four millions a month in the searcest times, while as the quantity of gold inthe market inereases, procigality in its use keeps pace with every accretion. In view of the ills threatened us there is but one recourse, economy and mutual forbearance. If we have a disposition to indulge in further luxuries, let us dispense with as many of them as possible fora time longer. A more convenient moment may arrive when our utmost ambition may be gratified. The ladies of Carthage dispensed with their flow ing locks at the calls of country to make ropes for engines of war in times of emergency. American ladies are surely not less patriotic,and may conveniently do without an extra skirt of supertluous dimensions when hard times threaten. Less extravagance, and a lighting of the candles of economy when the sun of prosperity has set will work wonders. ‘The Crabb Massacre-—The only surviving member of the Crabb expedition, Charles Edward Evans, a boy of near 17 years, arrivedin San Francisco on the steamer Sonora last week. His account was published in full inthe <A/ca, and his affidavit, taken before the U. S. Consul at Mazatlan appears in the San Francisco Hera/d of the 4th inst. From the statements of the lad no more horrible butchery was ever perpetrated than that in which perished Crabb and his companions. Not a soul escaped bnt the boy Evans. Tie party surrendered with the expectation of being honorably treated by the Mexicans but were massacred after their arms were given up, by the faithless Crabb’s head was cut off and It was dragged savages. preserved in vinegar. out of a jar by the hair and exhibited to Evans a few days after the massacre.— Evans saw the dead bodies of MceCoun and Wood lying unburied to which the hogs paid repeated visits. Whatever may have been the errand of the Sonoia Expedition, noone can read the account of its horrible termination unquenchable feeling of revenge against the butchers. Mexican faith had long ago been tried, and we wonder that men like those who composed the party of Crabb, having the terrible t.uths of history before them, could have relied upon the word of Mexicans and laid down their arms. They should never have list.ued to a propesition: to surrender. The memory of massacres-commiited on Americans, and the violation of flags of truce, should have told so brave and intelligeut a man as Crabb to depend upon his arms rather than Mexican honor. The time will come when the recollection of the deed at Cavorea at the moment another Taylor shall order “a little more grape,” will impel the American soldier to fi'l the cannon to the muzzle perhaps on the spot where the foul murder of brave men was committed, to avenge their death. The taunt that Mexican hogs are fattening on the flesk of “los Yankees” will, like curses, come home to roost. without an Tue Setrriter Bitts UnconstitvuTIONAL.—Judge McAllister of the Be 8. Circuit Court, decided last week in the case of Pioche vs. Hathaway tha’ both the bills of 1852 and ’56, known as the Settler Bills, were unconstitutiona’, and not only so, but in conflict with the Treaty of Guadalupe Hidalgo, and with the Judiciary laws of the United States. Thus have the Courts of California and the general government both pronouneed against the Settler Acts. Newspaper aT San Jvuan.—The Iowa Hill News is about being removed to San Juan North and become the “San Juan North Star.” May it bea “\ gtar of the first magnitude. a LS cacti li ttntaaiteononintcsaast diana attitinanttieamsacneninaatistiiianlsicianeniitnniae tions cincinnati Hints for Uncle Sam.—An old miner proposes the following hints, from which our representatives in Congress may get several good texts: For the Journal. Mr. Editor :—Please call the attention of our Representatives in Congress to the wants of the mineral, commercial and financial interests of the people of . California. Ask them to kint to Uncle Sam that miners by the sweat of their brows accompanied with privation, exposure and danger by caving of banks, and shafts, crushing of tunnels and drifts . settling, produce greater amounts of . gold for coinage than any other country on the globe. Hint to Uncle Sam that we believe the apparatus for assaying and coining atthe San Francisco mint is entirely too limited to accommodate the business required of it. Hint to Uncle Sam that the people of California believe the mint can and ought to be enlarged, the enlargement to be a section by itself, so that while one apartment is overhauling, cleaning and repairing, the other can be kept in full blast; thus the circulating medium of the country will unis formly continue the same and the necessity of treasuring up large quantities of coin for the purchase of gold dust while the mint is under repair, be avoided — Please request Senators Gwin Rroderick to mention to Uncle Sam a . . that before the miners commenced digging for gold in California there was no percentage charged for coinage; the expense of the mint being paid out of the United States treasury, and the people of Calitornia know it. Tell Unele Sam we pey for it and } want our gold coined in the United States, giving honorable and profitatle employment to our own citizens instead of shipping it in bars to Europe immediately on its arrival in New York by California steamers. Hint to Uncle Sam, we, miners indirectly pay the whole expense of coinage, the percentage being deducted from the value of our gold dust by those who purchase it, or by the mint if it coins it, and we know it. Hint to Uncle Sam, prices are high in California, and it takes a big heap of coin to supply the necessities of trade, . that the people don’t want the mint to stop aé all, and want it large enough to accommodate its customers when they want a grist ground. Hint to Uncle Sam how distressing it would be should banks in the other States all at once stop issuing notes during two months, say September and October, just as the heavy fall trade and produce operations commence, and Hint to the representatives of those other States how similarly we are situated by the stoppage of the San Francisco mint. In conclusion, more thau hint to Uncle Sam that the people of California do not wish to ask for any thing not clearly right. and enly wish to be taken into consideration and properly dealt by. JUSTICE. Sather § Church —As we believed the firm of Sather & Church has not been found wanting in ability to meet every demand against it. The house is perfectly solvent andsafe and no holder of paper upon the concern will lose a dollar by it. It is a house supported No banking institution in San Francisco has shown itself a faster friend of the merchants of that city. and sustained by honorable men. The good will of the mercantile community is therefore interested in sustaining the credit of the house, which if nothing more will go far towards affecting a compromise with frightened creditors to the benefit of . Sather & Church. We learn that ample arrangements have been made, and that the house, is ready to extinguish . every liability. This is gratifying into the State. preminent banking firm can fail without affecting the entire community directly and indirectly. The loss to individuals is nothing in comparison to the shock given to public confidence which has never been too firm since the sinking ot Adams & Oo. and other irresponsible concerns. telligence whole ent on general deposit in the gold dust marts of the state, or loaned at rates to business men hitherto deemed safe. These sums to a large extent small must be called home whenever public . confidence is weakened by an important . failure, aud thus the circulating medium of the country, alieady too contracted, . is lessened to the serious detriment of all classes. The resumption of Sather & Church we regard in the like of a public benefit, and the destruction of , . sink the treasure deeper than 28 fathoms, and whether at that depth or not, ‘the ditliculty of determining in such a . storm asthat in which the Central Amer‘ica the firm a public calamity. Detcu FPLat.—According to the Placer Press,Dutch Flat is becoming one of the most thrifty and prosperous towns nthat county. Several substantial brick buildings have been letely erected besides numerous frame stores and dwellings, and the whole town wears the business-like appearance of a young city. Town lots are held enormously high, ranging from $400, to $800. bat for which its growth would be stiil more rapid. Datu or aN AcTor.—Wnm. B. Chapman, a distinguished actor, died on Saturday last at San Fraucisev, in the 70th year of his age. and . No . Imm 2nse sums are at pres,inesson Monday next. ! Agent. For the Journal. San Francisco, Nov. 10, ’57. Ed. Nevada Journal:—Knuowing your valuable weekly to be sound on all questions of public economy, I have set out to enlighten your readers a little on the subject of the new bank that has been started here by that old and wellknown pioneer Sam Brannan, Esq. Ist. The first novelty introduced by this gentleman is in the security offered for the fulfilment of all his contracts, by the pledge of $450,000 worth of real estate, including the granite buildings on Montgomery street known as the Express Building, Armory Hall, and the one on the N. E. corner of Montgomery and Sacramente streets. All of these and much more productive property have been conveyed by deeds of trust to three responsible gentlemen, for the purpose of securing all the creditors of the bank. Other banks give no security at all. 2d. Depositors on time certificates will be allowed three per cent interest for their money, instead of being ¢) arged at that rate for its safe keeping ; thus realizing six per cent per annum to depositors in favor of this institution as compared with others. 3d. No moneys thus deposited will be loaned except on bond and mortgage. But to farmers, mechanics and manufacturers depositing securities, and intending to use the money in the development of home industry the rate charged will be lower than ever offered in California. The object in view is to afford to small depositors a safe and permanent place forthe keeping of their money, and the savings department will be managed throughout on the same principles as govern the Savings Banks of New York, Boston and Baltimore. A movement is on foot here to induce the next Legislature to pass an act, which they have the power to do under the Constitution, whereby add banks shall be obliged to pledge a certain capital for the payment of their depositors. Our Constitution, Sec. 34, Art. III, provide for the establishmeut of associations under general laws, for the deposit of gold and silver; but it forbids the issue of paper money. To enforce this section, (so as to cut off the agitation now gving on in certain papers, in favor of such amendments as will «allow of paper currency,) and yet protect us against private bank swindles, is the object of this movement. Undoubtedly the miners, toa man, will second the motion, for there is no class in the community more deeply interested than they, in the subject of bank securities. It is to be hoped that your paper, as well as the balanee of the country press, will yield a hearty support to a movement, whose success will be the signal for the banishment of foreign capital, and the employment of our own ina thousand departments of domestic production. Harp Monry. Raisong the Central America—The New York Post says itis reported that negotiations are going on between the Boston Sub-marine Armor Company and the underwriters of the Central America, to raise her hull, which is supposed to lie in about twenty-eight fathoms water. The specie in her alone would furnish ample inducement for the experiment, if her position can be accurately fixed, and that it can is probable, from the fact that Capt. Herndon was reported to have given her position to the vessel which refused to come to his relief. Should the work be undertaken promptly, there . is thought to be a reasonable chance of success.” There must be some error in calcula. ting the place of the Central America at the time she went down. The El Dorad» gives the place at lat. 31 degrees 10 minutes, by 76 degrees, 26 minutes west longitude which will make the catastrophe occur off the coast of South . Carolina 275 miles or thereabouts south The vessel must thus have sunk upon the second sub-marine bench from of Cape Hatteras. the coast marked on ~Licut Maury’s charts as being from 1000 to 2000 fathoms in depth. The report . is given the worldithat the steamer foun. dered in a gale off Hatteras, and possibly the latitude and longitude reported “viven the vessel which refused to come to the relief” of the steamer, may have been computed from the last observation taken on board the Central America a We have no account given when the last observation was made on board the ill-faThe distance of the accident from the shore must necessarily day or two before she went down. ted steamer. perished the exact position of « vessel renders the chance of success ex. tremely uncertain. Atta Express Co.—The Alta Express Company have extended their line to this place and will be ready for busJohn Pattison ResigNaTion.—Senator Norman, of ‘Calaveras and Amador, has resigned.— ‘Weller cannot do better than appoint him Controller of State, and we kin !o’ reckon he will.Case of Butler—The Supreme Court on the 9th inst. filed its decision in the above case, affirming the judgment of the Court below, and fixing the day for the execution of the judgment on the 11th of December next. As thiscase is one of great interest to the community, we may be indulged in a few reflections upon it, suggested by the record. Whatever may be the justice of the verdict of the jury, or however strong the prejudice existing in Sierra against the fated youth, whose days are now dwindled to so little space, it seems to us that the Supreme Court inits decision upon points of law, that alone challenged its decision, has laid down rules which if adhered tc hereafter, must peril the lives of the innocent. The Supreme Court decides that a zrand jury of twelve men only need to be empannel!'ed in any case, if the twelve agree, to find a bill against a prisoner, and cannot perceive how the prisoner can be injured by the absense of the others. It strikes us that when the Legislature has prescribed that the jury shall consist of seventeen, that the Supreme Court are simply legislating— are going away from their duty—when they allow a less number to bea statutory grand jury. The statute has fixed the number, and if from any cause the number shall be reduced below seventeen, the Court shall order the Sheriff to summon enough to complete the panel. (See comp. laws, p. 354, Secs. 9-10) All this the Supreme Court overrule, simply because they “cannot perceive” what injury the prisoner suffers if the It is well known that the larger the body of men, the more likelihood there is that some panel is not completed! of them inay be men of superior intelligence, able to sift tesmony, and give the prisoner the benefit of points in his favor. But whether the advantage is in favor of the prisoner or the State, the Court had no right to declare that a legal grand jury which did not conform to the plain requisitions of the statute. The Supreme Court next overrule that ancient and newer before doubted principle of the common law, that all intendments are in favor of innocence— all presumptions in favorof the prisoner. Referring to the question objected to by prisoner’s counsel, the answer to which brought out the fact that Butler was a gambler—the Court says “if we can conceive of astate of the case when sucha question would be proper, we are compelled to presume that it existed in this case.” We take it such strange in the moutk of a high appellate It strikes that question is prima facie improper, it devolves on the prosecution to show that it was, under the circumstances, proper, and in default of showing this, the language is tribupal. us when a presumption is all in favor of the prisoner. In civil cases the presumptiom is in favor of the correctness of the Court, but in criminal cases the rule is reversed, and all presumptions are in favor of the accused Will it be contended that the salutary rule of the statute that the p:isoner is to have the benefit of a doubt, applies only to the decision of juries? Or is not the intent of the law, as it was ofthe common lew, that this intendment should be the guide of all tribunals that passedupon his case. No more hideous rule could be established than that every doubt, or any, should be construed against the accused. The only judge that ever laid down and acted on sucha rule, before this decision, was Jeffreys, when he deluged England with the blood of political prisoners. No lawyer need be told that the books are full of authority that no question affecting the prisoner's character, business, habits, belief, standing in society, or toibles, shall be called out by the prosecution, unless the defendant first put his character in issue. There is xo dissenting opinion in this matter. <A man cannot be proved or inferred to be a murderer, because he is afgambler—a thief because he has committed a rape. The prisoner Butler, may have been a murderer as well as a gambler, but he was nota murderer because he was a gambler, and proving that he was a gambler could only raise a prejudice in the mind of the jury against him, while affording vo legal inference that he was guilty of the offense charged in the indictment. When mere points of law are presented to an appellate court, we deem that it isa duty fur them to decide them in reference to broad principles of law, and not to exercise their ingenuity “to conceive astate of the case” where they may be construed against the prisoner. We may be wrong in this. Our opinions npon the point are drawn from Hale, Wharton, Coke, the reports of American decisions, &c., and therefore may not be adapted to the atmosphere of a California Conrt. g Tue Latest News.—The Sacramento Bee announces that Miss Emma Stanley performed Fiiday and Saturday nights to crowded houses at Nevada. Sam. Brannan’s Bank.—The advertisement of Brannan’s Bank has been summarily withdiawn from the newspapers. {The typographieal society of Sacramento met on the 9th inst. and resolved to reduce the present rates paid, 25 t. Ditch Convention.—This is an age of wonders. It is wonderful for the great things that are done by small meaus. A little clique of politicians meets at Sacramento. and lo! fifty thousand votes are cast for aman that before had no title, by prominence or capacity, for a public office. A few men meet at the same place, pretending to represent a great interest, and the Legis!ature is controlled, Congress bamboozled, and grants over-lapping each other, and, by implication, carrying immensely greater privilegrs, than appear on the surface, are obtained—or to be obtained. We dont believe in that “ditch convention,” with its costiveness of members, and diWho spoke in it for the iinmense ditch interests in this county ? We have heard, repeatedly, the prominent ditch men of this county, rearrhea of words. pudiate it, as chimerical in purpose, as misrepresenting their tending to create a prejudice against a wishes, and as valuable interest, that works to the general benefit of society, and yet is peculiarly dependent on the good will of mi ners, andthe courts. Let us see how fartle proposed act of Congress is liable to objections of ‘this character. ‘The act reads as follows : A Bitty to grant the right of way over the public lands in the State of Catifornia for mining purposes. See. 1. Be it enacted by the Senate and House of Representatives of the United States of Aimeiica, in Congress assembled: That the mght of way for any and every line of ditch, canal or flume constrneted for mining purposes over the public landsin the State of California, is hereby granted to the party or parties who have constructed and now ownor hereafter shall construct the same; such grant to include reservoir privileges and the use of timber and other materials necessary to the construction and carrying on of such works, aud to be operative from the date . of the location of the line or route of such diteh, canal or flume, by actual survey, and the same to become void upon the abandonment ef the work, or the non-use ef such dijech, canal, or flume for the period of ove year. Provided, always, that it shall appear that faith, aud that the construetion of such works shall be prosecuted with due dilience, Sec. 2. The United States cuarantees not to claim or enforce any riparian . . . i rights which she may have by virtne of . her ownership of the lands, against any owners of ditches, canals, or flumes for mining purposes in the said State of'. California. The act proposes to give an absolute right of way to ditches heretofore or . hereafter loeated. No exception is made, and they may be located over the most valuable mining claims, improved building lots, right through mining towns, over saw mills, &e, destroying valuable improvements of every kiad, for the benefit of one branch of business. The resolutions of the Convention,” to be sure, use the phrase “subject to reeognized and established private rights,” but the bill that they advertise, and wish passed, and which of course embraces their perfected idea, speaks of no exception whatever. But suppose it did—What, in the mining counties, isa “recognized and established private right ?”’ As against the U. S. government there is none such. We have the species of possession—hy mere sufferlowest erce, in mining claims. and in all other improvements. We are liable at any time to be ousted by an act of the ernment. grovgov The passage of an act like the above, even with the qualification, would give ditch owners a right to all the soil they run over wherever it was not held in fee simple, wherever the ultimate right of property is in the gevernment. Again, the United States is to guarantee not to enfor:e riparian rights against ditches—that is, every drop of water in the mountain streams of California may be diverted by the ditches now or hereafter located, no matter how appropriated at present for other mining purposes. Our Supreme Court has said repeatedly that persons locating mining claims in the bed of a stream, are entitled to the use of the water as against all subsequent locators This act would reverse allthat. Miners would be eompelled to buy of ditches, no matter if hy time honored custom, and by judicial decision, they had before appropriated, owned and used. the water as theirown, for years. Ifthe United States yields up its riparian rights, it yields up those of all claimants under it, except those of owners of ditehes, and the resources of the country pass into the hands, virtually, of a vast monopoly. We don’t believe that the ditch men 'of California desire any such state of things. They do not ask for any such ruinous power. They must see that the bare attempt to grasp it, places in hazard their whole interest—that when understood, a storm will be raised that no wealth ean stand up against, no influence withstand. We have reason to believe that there are parties behind the scenes, having little or no interest in ditches, who want to raise contributions among ditch men, to pay the expenses ofatripto Washington, to lobby the thing through. For such men it may he fun, for the public if successful, it is death, for ditches if successful, it must create a whirlwind of popular indignation ; if unsuccessful it will brand the owners as reckless, grasping men, unsatisfied with equal rights with their fellow citizens, monopolists and speculators, unredeemed even by the prestige of success. The ditch men of this county so understood the scheme, and turned their backs upon it. We trust the legislature, that is appealed to, will not be influenced into action by a knot of speculators, who care only to line their own pockets at the expense of the best interests of the State. s. . } reuts and scholars. such right of way was located in good . . tage. justice nS RT The Second School Exhibition —It was a great pleasure to witness the exercises of the young Misses and Masters of Loekwood’s School at their Exhibition on Wednesday night. Notwithstanding the extreme coldness of the evening and the raking wind which swept the roads iu all directions hundreds were not to be eheated of the happiness of being present. The dress circle, as on the former occasion, was full and the seats below fairly occupied, aud we venture littiein saying that not a soul was present but went away pleased with the performances of the children. Where all did go well, it would be difficult to draw distinctions. Where one excelled in self-possession, another made upin grace, another in a sweet voice, another in correct reading, and so on, each child having some excellency to commend. But we must say, however, that the little girls, Ged bless them, executed their parts better than the boys. Apart from their tasty dresses, and the vraces characteristic of the sex they . made a better appearance before the their brothers. They were more at home, as they always are, took more interest in the work they had before them, and must necessarily sucaudience than ceed better. The boys were however, “no sardines.” Some of them disputed the palm with the girls quite closely. The stage was painfully cold during We could not but pity little fairies with their the exercises. the gossamer robes on, whose little fingers were red and their fragile forms could illy repress a shiver though the effort was apparent. The sweet little creatures made no complaint, only too happy in being allowed to display their accomplishments at any sacrifice. Children of a larger growth there were present who went away with the regret that they were not young again not at all assuaged by the severity of the weather. Altogether the exhibition of Wednesday night was a happy time to both pa-. The former looked . proud of their children, white they in turn seemed to know their worth and endeavored to show itto the best advanSuch exhibitions are as rich as any theatre, and the people so hold and The receipts were $235 which will go to the publi yatronize accordingly. gly the debt created by building the publi school house. <= We notice that Mrs. EK. L. Pearson, formerly of this city, is at present the landlady of the Clarendon, Sacramento, Mrs. Pearson at the time of the great . conflagration here, threw open her doors and made her house a home for the suf ferers to its fullest extent. If Nevadans donot repay Mrs. Pearson, in patronage, now that they have it in their power, they are wanting inthe gratitude and human every being should possess. Mereor.—We saw a most brilliant meteor in the south east at about 6 0o’Its course was northward, and was visible but for a few seconds. clock on Saturday evening last. The heavens are said by some astronomers to be most prolific in meteoric phenomena during the month of November. To-night is the anniversary of the celebrated meteoric shower which Prof. Olmstead thinks of annual occurrence. Daviv Bourter.—The Sacramento Union, of Tuesday, contains the decision of Supreme Court in the case of David Butler now in confinement in our jail for the crime of murder. The jndgment of the District Court is affirmed. By an editorial item in the Union we learn that Butler is to be executed on Friday the llch day of December, four weeks fro to-day. ? Miss Emma Ssaxcey.—Our citizens are disappointed in not having the pleaswe of witnessing the personations of Miss Stanley. She has been seriously indisposed for several days, and it js probable she may not appear on our boards at all (= We are indebted to Jerry Sullivan, of San Francisco, for files of Eastern papers. ‘They came late, but not having been received from other sources are welcome never the less. Blood and Thunder —The Shasta Courier wants to know of the State Journal if theterm poltroon in anarticle on the Courier was intended to apply to its Editors proximately or remotely, and adds: “Poltroon” is a word which certain city editors are very fond of bandying back and forth. To our mountain ears, however, it sounds very unpleasant. In fact it is one of those remarkably significant words that our best friend cannot apply to us with impunity. ‘Tjhe editors of the Journal ought to know his, and hence we cannot think that they iutended the obnoxious epithet for us ᐀ Nevertheless if they did, being brave men, we expect them to say so.” The Courter man awaits an answer, meanwhile he is blazing away at the “bull’s eye.” Let the State Journal fellows try their skill at a perpendicular hair line. Whenthey can sever it, they can safely risk one bull's eye in a sh ing match. Two of the combatants chivs and another wants to be. otre $5,000 worth of coal is required,. to carry .a Collins steamer from New bs to Liverpool. I is aggravating to see a good looking an wrestling with your wife in a waltz, ith out having the privilege of going up nd tightening his cravat. A Favorite Remedy.—We believe no. : nedicine has ever given stronger proof ~ t its efficacy than the Oxygenated Bit. ters. In cases $f Dyspepsia and General Debility, restoring health and cheerfulness, when all other remedies nave failed. . Lanp Sate.—The President publishes his proclamation that about 20¢,000 acresof public lands in California will be offered for sale next May. A large portion of these lands are located in the San Joaquin valley. MARRIED. At the house of Mr. Campbell, Rock Creek, on Tuesday the 10th inst. by Rev. J. H. Warren, Mr. Lamuse WISEMAN to Miss HANNAH MARY CAKLO, ra Valuable testimony in favor of the Oxygenated Bitters. Wasuineton, D.C. June 10. Having made use of the Oxygenated Litters, prepared by Dr George B. Green, of Windsor Vt. aud frow knowledge obtained of their efficacy in other cases, we cheerf lly recommend them to the public, believing they will fully sustain the recommendation of the pros prietor. We hope that this valuable remedy may be accessibls to all the afflicted. Samucls. Phelps, William Upham, US, Scnators from Vermont. : James F. Simmons, U.S. Senator from Rhode Island. J.T. Morehead, United States Scnater and formerly Governor of Kentucky. L. H. Arnold, formerly Governor of Rhode Island. Wm Woodliidge, Jate Governor of Michigan. Asthma, and General Debility of the system, places it among the Its success inecvere cases of Dyspepsia, mest wonderful discoveries in medical science, and has given it a reputation far beyond any remedy known for these complaints, in all their various forms. Setu W. Fow.e & Co, 138 Washington st. Boston, proprictors. Sold by their agents everywhere Quicksilver and Nitric Acid. Can be had in any quantities at the Drug Store of KE. F. SPENCE, No. 21 Commercial street, where choice selections of Drugs and Medicines are kept and sold at very low prices—prices suitable to the times, BOOK SALE. AE AO OTIOM.4 11 A LARGE AND EXTENSIVE ASSORTMENT OF STANDARD AND MISCELLANEOUS BOOKS History—Biography—Travels—Explorations-—Pvetical—and Dramaticzal WORKS. Alsoa Beautiful Selection of Annuals & Gift Books for the Holidars. A general assortment of New and Valuable ; MISCELLANEOUS WORKS! Now open for 1 Examination and offered for Sale--On Broad St. next to Post C fice. Auction Sale commenci t To’clock, P. M Private Sale from 9 o’clock to 4 o’clock, P. M, The undersigned can only remiin here for a few days having previously made appointments to sell in other places. A. ROMAN. Nevada, Nov, 13, 1857. Notice to Scrip Holders ! ¥ TE owners of the following No’s Serip drawn on the different Funds are requested to present the same for payment, as interest ceases from this date. County Generai tund—No's. 4, 54, 811, = Road Fund— No's. 9,10, 11, Indigent Sick Fund—No's 64, 65,10,12,17, 19.19 T. W. SIGOURNEY, Treas. N. C. Nevada, Nov. 13, 1857.—3t. Phelan’s Cushions. ; = undersigned wishes to inform the pnblie that he has purchased the exclusive patent right to make and sell “Phelan’s Combination Cushions,” For this State and Oregon, and that they can be purebased of no other pers-n in this city. Purchesers ill protect themselves from being swindled by remembe ring the above facts. : . Orders for taking down, setting up or repairing Tables attended toat the shortest notice Private gentlemen cubs, er Saloon Keepers wishing to procure Phelan’s Modern Billiard Tables or ““Combination Cushion-,’? will please address M. E. HUGHES, 180 Jackson st. next to the International Hotel, novl3 San Francisco. Pacific Mail Steamship Company's Line. FO" PANAMA. Connecting via Panama Railroad, With the steamers ofthe U.S Mail Steamship Company at Aspinwall FOR NEW YORK AND NEW ORLEANS Departure from Valiojo Street Whart. The Magnificent teamship tte J. STEPHENS Will leave Vallejo street wharf fo S. Mails, Passengers, and Treasure, FRIDAY, Nov. 20th, at 9 o’clock, A. M. Passengers by the P. M. =. Co’s Line are landed on their arrivals at Panama upon the wharfat the railroad terminns, by the ‘ ompany’s steam ferry boat, and proceedimmediately by : : Railroad across the Isthmus. To Aspinwall, where the steamers of the U.S. Mail 8. 8. Co, are alwaysin readiness to convey them to New York or New Orleans, 5 Passengers for New Orleans er from Aspinwall Through tickets arc furnished, including the transit of the Isthmus, Passengers are notified that all tickets for the steam ~ ers of the U.S. Mail S.S Co. must be presented to their agent at Aspinwall for registry and exchange, as they will not otherwise be availdie. For Freight or passage . pply to FORBES & BABCOCK, Agents. Cor. Sacramento and Leidesdorff street. A choice of berth on the Atlantic steamers is secured by the early purchase of tickets in San Francisco, r Panama, with U. proceed by direct steam — CHEAP! CHEAP! CHEAP! Sol. Kohlman’s CHEAP STORE HAS REMOVED To the old and popniar corner, in Kidd & Knox's Building Cor. of Broad and Pine Sts. \ J HERE can be found every varicty of Fashionable YY Clothing and Gentlemen’s Furnishing Goods, con. sisting in part of— Black and Blue Cloth Frock Coats; Beaver, Pilot and Cassimere Business Coats ; Heavy Pilot. Beaver and Petersham Baglans ; Black and Blue Broadcloth Talinas ; Black, Blue and Fancy Cas<imere Pants 7 Blue, Grey, Black ane Satinet Pants : . Faney and Black Sik Velvet VestsA large assortment of Shirts Drawers, Handkerehiefe Cravats, and Gloves : 6 A good stock of the latest stvlesof Hata and Caps ; Trunks, Valises and Carpet Bags : Jd Also alarge and well sclected stock of Boy's & Youth's Clothing a A large stock of heavy Grey, Blue, Red and ¢! of White Blankets; ~ =e " % RYBSSR &H0D3. Goodyear’s best White aud Black India Rubber Coats aod Jackets , India Rubber Pants, Overvalls, Leggings and Gloves Best kind ot Goodyear’s Long Legged and K India Rul-ber Boots. . see ™ I invite my friends and the public in general to eall and exainine my stock before purcha ing elsewhere. Remember the ‘ ornerof Broal and Pine streets, for merly occupied by Rosenheim & Bro. : SOL. K¢ MAN. Nevada, November 6th, 1257. —tf JHLMAN yFOR SALE. HE one undivided one fourth interest in the Ball Co. claims, situatedon Gold Bar, South Yuba, an h. 7 shares in Gold Bar Water Co. Ditc Por particulars apply to Alonzo Dipsmo ‘eva? er to Ball & Co. on the claime. A. A BALE Nevada, Nov. 6, 1257.—2t. {

The Hebade “Fourual, FRIDAY MORNING, NOV. 13th, 1857. Financial—— Tie Prospect —Iu consequence of the time required to obtain eoin fromthe Philadelphia mint in exchange for California bars, the bankers of the East in the present stringency of the money market, have ordered the shipment of no more bullion, and ingots are sold at a discount of about two per cent in New York. It requires but little reflection to discover the effect of this course pursued by Wall street, upon us. Tke mint at San Francisco is not in operation, and though advertised to open on the 16th will not get fairly under way till the first ot December or thereabouts and not in time to prevent steamers from lessening the circulating medium of the State from five to seven millions, which, near the close of the dry season, is an alarming drain upon our contracted currency. Suchan impoverishment of the currency of the State can hardly be attended but with evil, and that too of no short duration. The monetary exhaustion of the Eastern world must cali fora constant flow of the golden stream from the western fountains, leaving little chance to restore the loss which the five orseven millions will ereate in our currency. ‘The loss once sustained must be endured unless a dam to the flow can be suggested. There is no check which can be relied on for security. The money once gone fromour shores is hopelessly gone for ever, and nothing appears to stay the shipment of about four millions a month in the searcest times, while as the quantity of gold inthe market inereases, procigality in its use keeps pace with every accretion. In view of the ills threatened us there is but one recourse, economy and mutual forbearance. If we have a disposition to indulge in further luxuries, let us dispense with as many of them as possible fora time longer. A more convenient moment may arrive when our utmost ambition may be gratified. The ladies of Carthage dispensed with their flow ing locks at the calls of country to make ropes for engines of war in times of emergency. American ladies are surely not less patriotic,and may conveniently do without an extra skirt of supertluous dimensions when hard times threaten. Less extravagance, and a lighting of the candles of economy when the sun of prosperity has set will work wonders. ‘The Crabb Massacre-—The only surviving member of the Crabb expedition, Charles Edward Evans, a boy of near 17 years, arrivedin San Francisco on the steamer Sonora last week. His account was published in full inthe <A/ca, and his affidavit, taken before the U. S. Consul at Mazatlan appears in the San Francisco Hera/d of the 4th inst. From the statements of the lad no more horrible butchery was ever perpetrated than that in which perished Crabb and his companions. Not a soul escaped bnt the boy Evans. Tie party surrendered with the expectation of being honorably treated by the Mexicans but were massacred after their arms were given up, by the faithless Crabb’s head was cut off and It was dragged savages. preserved in vinegar. out of a jar by the hair and exhibited to Evans a few days after the massacre.— Evans saw the dead bodies of MceCoun and Wood lying unburied to which the hogs paid repeated visits. Whatever may have been the errand of the Sonoia Expedition, noone can read the account of its horrible termination unquenchable feeling of revenge against the butchers. Mexican faith had long ago been tried, and we wonder that men like those who composed the party of Crabb, having the terrible t.uths of history before them, could have relied upon the word of Mexicans and laid down their arms. They should never have list.ued to a propesition: to surrender. The memory of massacres-commiited on Americans, and the violation of flags of truce, should have told so brave and intelligeut a man as Crabb to depend upon his arms rather than Mexican honor. The time will come when the recollection of the deed at Cavorea at the moment another Taylor shall order “a little more grape,” will impel the American soldier to fi'l the cannon to the muzzle perhaps on the spot where the foul murder of brave men was committed, to avenge their death. The taunt that Mexican hogs are fattening on the flesk of “los Yankees” will, like curses, come home to roost. without an Tue Setrriter Bitts UnconstitvuTIONAL.—Judge McAllister of the Be 8. Circuit Court, decided last week in the case of Pioche vs. Hathaway tha’ both the bills of 1852 and ’56, known as the Settler Bills, were unconstitutiona’, and not only so, but in conflict with the Treaty of Guadalupe Hidalgo, and with the Judiciary laws of the United States. Thus have the Courts of California and the general government both pronouneed against the Settler Acts. Newspaper aT San Jvuan.—The Iowa Hill News is about being removed to San Juan North and become the “San Juan North Star.” May it bea “\ gtar of the first magnitude. a LS cacti li ttntaaiteononintcsaast diana attitinanttieamsacneninaatistiiianlsicianeniitnniae tions cincinnati Hints for Uncle Sam.—An old miner proposes the following hints, from which our representatives in Congress may get several good texts: For the Journal. Mr. Editor :—Please call the attention of our Representatives in Congress to the wants of the mineral, commercial and financial interests of the people of . California. Ask them to kint to Uncle Sam that miners by the sweat of their brows accompanied with privation, exposure and danger by caving of banks, and shafts, crushing of tunnels and drifts . settling, produce greater amounts of . gold for coinage than any other country on the globe. Hint to Uncle Sam that we believe the apparatus for assaying and coining atthe San Francisco mint is entirely too limited to accommodate the business required of it. Hint to Uncle Sam that the people of California believe the mint can and ought to be enlarged, the enlargement to be a section by itself, so that while one apartment is overhauling, cleaning and repairing, the other can be kept in full blast; thus the circulating medium of the country will unis formly continue the same and the necessity of treasuring up large quantities of coin for the purchase of gold dust while the mint is under repair, be avoided — Please request Senators Gwin Rroderick to mention to Uncle Sam a . . that before the miners commenced digging for gold in California there was no percentage charged for coinage; the expense of the mint being paid out of the United States treasury, and the people of Calitornia know it. Tell Unele Sam we pey for it and } want our gold coined in the United States, giving honorable and profitatle employment to our own citizens instead of shipping it in bars to Europe immediately on its arrival in New York by California steamers. Hint to Uncle Sam, we, miners indirectly pay the whole expense of coinage, the percentage being deducted from the value of our gold dust by those who purchase it, or by the mint if it coins it, and we know it. Hint to Uncle Sam, prices are high in California, and it takes a big heap of coin to supply the necessities of trade, . that the people don’t want the mint to stop aé all, and want it large enough to accommodate its customers when they want a grist ground. Hint to Uncle Sam how distressing it would be should banks in the other States all at once stop issuing notes during two months, say September and October, just as the heavy fall trade and produce operations commence, and Hint to the representatives of those other States how similarly we are situated by the stoppage of the San Francisco mint. In conclusion, more thau hint to Uncle Sam that the people of California do not wish to ask for any thing not clearly right. and enly wish to be taken into consideration and properly dealt by. JUSTICE. Sather § Church —As we believed the firm of Sather & Church has not been found wanting in ability to meet every demand against it. The house is perfectly solvent andsafe and no holder of paper upon the concern will lose a dollar by it. It is a house supported No banking institution in San Francisco has shown itself a faster friend of the merchants of that city. and sustained by honorable men. The good will of the mercantile community is therefore interested in sustaining the credit of the house, which if nothing more will go far towards affecting a compromise with frightened creditors to the benefit of . Sather & Church. We learn that ample arrangements have been made, and that the house, is ready to extinguish . every liability. This is gratifying into the State. preminent banking firm can fail without affecting the entire community directly and indirectly. The loss to individuals is nothing in comparison to the shock given to public confidence which has never been too firm since the sinking ot Adams & Oo. and other irresponsible concerns. telligence whole ent on general deposit in the gold dust marts of the state, or loaned at rates to business men hitherto deemed safe. These sums to a large extent small must be called home whenever public . confidence is weakened by an important . failure, aud thus the circulating medium of the country, alieady too contracted, . is lessened to the serious detriment of all classes. The resumption of Sather & Church we regard in the like of a public benefit, and the destruction of , . sink the treasure deeper than 28 fathoms, and whether at that depth or not, ‘the ditliculty of determining in such a . storm asthat in which the Central Amer‘ica the firm a public calamity. Detcu FPLat.—According to the Placer Press,Dutch Flat is becoming one of the most thrifty and prosperous towns nthat county. Several substantial brick buildings have been letely erected besides numerous frame stores and dwellings, and the whole town wears the business-like appearance of a young city. Town lots are held enormously high, ranging from $400, to $800. bat for which its growth would be stiil more rapid. Datu or aN AcTor.—Wnm. B. Chapman, a distinguished actor, died on Saturday last at San Fraucisev, in the 70th year of his age. and . No . Imm 2nse sums are at pres,inesson Monday next. ! Agent. For the Journal. San Francisco, Nov. 10, ’57. Ed. Nevada Journal:—Knuowing your valuable weekly to be sound on all questions of public economy, I have set out to enlighten your readers a little on the subject of the new bank that has been started here by that old and wellknown pioneer Sam Brannan, Esq. Ist. The first novelty introduced by this gentleman is in the security offered for the fulfilment of all his contracts, by the pledge of $450,000 worth of real estate, including the granite buildings on Montgomery street known as the Express Building, Armory Hall, and the one on the N. E. corner of Montgomery and Sacramente streets. All of these and much more productive property have been conveyed by deeds of trust to three responsible gentlemen, for the purpose of securing all the creditors of the bank. Other banks give no security at all. 2d. Depositors on time certificates will be allowed three per cent interest for their money, instead of being ¢) arged at that rate for its safe keeping ; thus realizing six per cent per annum to depositors in favor of this institution as compared with others. 3d. No moneys thus deposited will be loaned except on bond and mortgage. But to farmers, mechanics and manufacturers depositing securities, and intending to use the money in the development of home industry the rate charged will be lower than ever offered in California. The object in view is to afford to small depositors a safe and permanent place forthe keeping of their money, and the savings department will be managed throughout on the same principles as govern the Savings Banks of New York, Boston and Baltimore. A movement is on foot here to induce the next Legislature to pass an act, which they have the power to do under the Constitution, whereby add banks shall be obliged to pledge a certain capital for the payment of their depositors. Our Constitution, Sec. 34, Art. III, provide for the establishmeut of associations under general laws, for the deposit of gold and silver; but it forbids the issue of paper money. To enforce this section, (so as to cut off the agitation now gving on in certain papers, in favor of such amendments as will «allow of paper currency,) and yet protect us against private bank swindles, is the object of this movement. Undoubtedly the miners, toa man, will second the motion, for there is no class in the community more deeply interested than they, in the subject of bank securities. It is to be hoped that your paper, as well as the balanee of the country press, will yield a hearty support to a movement, whose success will be the signal for the banishment of foreign capital, and the employment of our own ina thousand departments of domestic production. Harp Monry. Raisong the Central America—The New York Post says itis reported that negotiations are going on between the Boston Sub-marine Armor Company and the underwriters of the Central America, to raise her hull, which is supposed to lie in about twenty-eight fathoms water. The specie in her alone would furnish ample inducement for the experiment, if her position can be accurately fixed, and that it can is probable, from the fact that Capt. Herndon was reported to have given her position to the vessel which refused to come to his relief. Should the work be undertaken promptly, there . is thought to be a reasonable chance of success.” There must be some error in calcula. ting the place of the Central America at the time she went down. The El Dorad» gives the place at lat. 31 degrees 10 minutes, by 76 degrees, 26 minutes west longitude which will make the catastrophe occur off the coast of South . Carolina 275 miles or thereabouts south The vessel must thus have sunk upon the second sub-marine bench from of Cape Hatteras. the coast marked on ~Licut Maury’s charts as being from 1000 to 2000 fathoms in depth. The report . is given the worldithat the steamer foun. dered in a gale off Hatteras, and possibly the latitude and longitude reported “viven the vessel which refused to come to the relief” of the steamer, may have been computed from the last observation taken on board the Central America a We have no account given when the last observation was made on board the ill-faThe distance of the accident from the shore must necessarily day or two before she went down. ted steamer. perished the exact position of « vessel renders the chance of success ex. tremely uncertain. Atta Express Co.—The Alta Express Company have extended their line to this place and will be ready for busJohn Pattison ResigNaTion.—Senator Norman, of ‘Calaveras and Amador, has resigned.— ‘Weller cannot do better than appoint him Controller of State, and we kin !o’ reckon he will.Case of Butler—The Supreme Court on the 9th inst. filed its decision in the above case, affirming the judgment of the Court below, and fixing the day for the execution of the judgment on the 11th of December next. As thiscase is one of great interest to the community, we may be indulged in a few reflections upon it, suggested by the record. Whatever may be the justice of the verdict of the jury, or however strong the prejudice existing in Sierra against the fated youth, whose days are now dwindled to so little space, it seems to us that the Supreme Court inits decision upon points of law, that alone challenged its decision, has laid down rules which if adhered tc hereafter, must peril the lives of the innocent. The Supreme Court decides that a zrand jury of twelve men only need to be empannel!'ed in any case, if the twelve agree, to find a bill against a prisoner, and cannot perceive how the prisoner can be injured by the absense of the others. It strikes us that when the Legislature has prescribed that the jury shall consist of seventeen, that the Supreme Court are simply legislating— are going away from their duty—when they allow a less number to bea statutory grand jury. The statute has fixed the number, and if from any cause the number shall be reduced below seventeen, the Court shall order the Sheriff to summon enough to complete the panel. (See comp. laws, p. 354, Secs. 9-10) All this the Supreme Court overrule, simply because they “cannot perceive” what injury the prisoner suffers if the It is well known that the larger the body of men, the more likelihood there is that some panel is not completed! of them inay be men of superior intelligence, able to sift tesmony, and give the prisoner the benefit of points in his favor. But whether the advantage is in favor of the prisoner or the State, the Court had no right to declare that a legal grand jury which did not conform to the plain requisitions of the statute. The Supreme Court next overrule that ancient and newer before doubted principle of the common law, that all intendments are in favor of innocence— all presumptions in favorof the prisoner. Referring to the question objected to by prisoner’s counsel, the answer to which brought out the fact that Butler was a gambler—the Court says “if we can conceive of astate of the case when sucha question would be proper, we are compelled to presume that it existed in this case.” We take it such strange in the moutk of a high appellate It strikes that question is prima facie improper, it devolves on the prosecution to show that it was, under the circumstances, proper, and in default of showing this, the language is tribupal. us when a presumption is all in favor of the prisoner. In civil cases the presumptiom is in favor of the correctness of the Court, but in criminal cases the rule is reversed, and all presumptions are in favor of the accused Will it be contended that the salutary rule of the statute that the p:isoner is to have the benefit of a doubt, applies only to the decision of juries? Or is not the intent of the law, as it was ofthe common lew, that this intendment should be the guide of all tribunals that passedupon his case. No more hideous rule could be established than that every doubt, or any, should be construed against the accused. The only judge that ever laid down and acted on sucha rule, before this decision, was Jeffreys, when he deluged England with the blood of political prisoners. No lawyer need be told that the books are full of authority that no question affecting the prisoner's character, business, habits, belief, standing in society, or toibles, shall be called out by the prosecution, unless the defendant first put his character in issue. There is xo dissenting opinion in this matter. <A man cannot be proved or inferred to be a murderer, because he is afgambler—a thief because he has committed a rape. The prisoner Butler, may have been a murderer as well as a gambler, but he was nota murderer because he was a gambler, and proving that he was a gambler could only raise a prejudice in the mind of the jury against him, while affording vo legal inference that he was guilty of the offense charged in the indictment. When mere points of law are presented to an appellate court, we deem that

it isa duty fur them to decide them in reference to broad principles of law, and not to exercise their ingenuity “to conceive astate of the case” where they may be construed against the prisoner. We may be wrong in this. Our opinions npon the point are drawn from Hale, Wharton, Coke, the reports of American decisions, &c., and therefore may not be adapted to the atmosphere of a California Conrt. g Tue Latest News.—The Sacramento Bee announces that Miss Emma Stanley performed Fiiday and Saturday nights to crowded houses at Nevada. Sam. Brannan’s Bank.—The advertisement of Brannan’s Bank has been summarily withdiawn from the newspapers. {The typographieal society of Sacramento met on the 9th inst. and resolved to reduce the present rates paid, 25 t. Ditch Convention.—This is an age of wonders. It is wonderful for the great things that are done by small meaus. A little clique of politicians meets at Sacramento. and lo! fifty thousand votes are cast for aman that before had no title, by prominence or capacity, for a public office. A few men meet at the same place, pretending to represent a great interest, and the Legis!ature is controlled, Congress bamboozled, and grants over-lapping each other, and, by implication, carrying immensely greater privilegrs, than appear on the surface, are obtained—or to be obtained. We dont believe in that “ditch convention,” with its costiveness of members, and diWho spoke in it for the iinmense ditch interests in this county ? We have heard, repeatedly, the prominent ditch men of this county, rearrhea of words. pudiate it, as chimerical in purpose, as misrepresenting their tending to create a prejudice against a wishes, and as valuable interest, that works to the general benefit of society, and yet is peculiarly dependent on the good will of mi ners, andthe courts. Let us see how fartle proposed act of Congress is liable to objections of ‘this character. ‘The act reads as follows : A Bitty to grant the right of way over the public lands in the State of Catifornia for mining purposes. See. 1. Be it enacted by the Senate and House of Representatives of the United States of Aimeiica, in Congress assembled: That the mght of way for any and every line of ditch, canal or flume constrneted for mining purposes over the public landsin the State of California, is hereby granted to the party or parties who have constructed and now ownor hereafter shall construct the same; such grant to include reservoir privileges and the use of timber and other materials necessary to the construction and carrying on of such works, aud to be operative from the date . of the location of the line or route of such diteh, canal or flume, by actual survey, and the same to become void upon the abandonment ef the work, or the non-use ef such dijech, canal, or flume for the period of ove year. Provided, always, that it shall appear that faith, aud that the construetion of such works shall be prosecuted with due dilience, Sec. 2. The United States cuarantees not to claim or enforce any riparian . . . i rights which she may have by virtne of . her ownership of the lands, against any owners of ditches, canals, or flumes for mining purposes in the said State of'. California. The act proposes to give an absolute right of way to ditches heretofore or . hereafter loeated. No exception is made, and they may be located over the most valuable mining claims, improved building lots, right through mining towns, over saw mills, &e, destroying valuable improvements of every kiad, for the benefit of one branch of business. The resolutions of the Convention,” to be sure, use the phrase “subject to reeognized and established private rights,” but the bill that they advertise, and wish passed, and which of course embraces their perfected idea, speaks of no exception whatever. But suppose it did—What, in the mining counties, isa “recognized and established private right ?”’ As against the U. S. government there is none such. We have the species of possession—hy mere sufferlowest erce, in mining claims. and in all other improvements. We are liable at any time to be ousted by an act of the ernment. grovgov The passage of an act like the above, even with the qualification, would give ditch owners a right to all the soil they run over wherever it was not held in fee simple, wherever the ultimate right of property is in the gevernment. Again, the United States is to guarantee not to enfor:e riparian rights against ditches—that is, every drop of water in the mountain streams of California may be diverted by the ditches now or hereafter located, no matter how appropriated at present for other mining purposes. Our Supreme Court has said repeatedly that persons locating mining claims in the bed of a stream, are entitled to the use of the water as against all subsequent locators This act would reverse allthat. Miners would be eompelled to buy of ditches, no matter if hy time honored custom, and by judicial decision, they had before appropriated, owned and used. the water as theirown, for years. Ifthe United States yields up its riparian rights, it yields up those of all claimants under it, except those of owners of ditehes, and the resources of the country pass into the hands, virtually, of a vast monopoly. We don’t believe that the ditch men 'of California desire any such state of things. They do not ask for any such ruinous power. They must see that the bare attempt to grasp it, places in hazard their whole interest—that when understood, a storm will be raised that no wealth ean stand up against, no influence withstand. We have reason to believe that there are parties behind the scenes, having little or no interest in ditches, who want to raise contributions among ditch men, to pay the expenses ofatripto Washington, to lobby the thing through. For such men it may he fun, for the public if successful, it is death, for ditches if successful, it must create a whirlwind of popular indignation ; if unsuccessful it will brand the owners as reckless, grasping men, unsatisfied with equal rights with their fellow citizens, monopolists and speculators, unredeemed even by the prestige of success. The ditch men of this county so understood the scheme, and turned their backs upon it. We trust the legislature, that is appealed to, will not be influenced into action by a knot of speculators, who care only to line their own pockets at the expense of the best interests of the State. s. . } reuts and scholars. such right of way was located in good . . tage. justice nS RT The Second School Exhibition —It was a great pleasure to witness the exercises of the young Misses and Masters of Loekwood’s School at their Exhibition on Wednesday night. Notwithstanding the extreme coldness of the evening and the raking wind which swept the roads iu all directions hundreds were not to be eheated of the happiness of being present. The dress circle, as on the former occasion, was full and the seats below fairly occupied, aud we venture littiein saying that not a soul was present but went away pleased with the performances of the children. Where all did go well, it would be difficult to draw distinctions. Where one excelled in self-possession, another made upin grace, another in a sweet voice, another in correct reading, and so on, each child having some excellency to commend. But we must say, however, that the little girls, Ged bless them, executed their parts better than the boys. Apart from their tasty dresses, and the vraces characteristic of the sex they . made a better appearance before the their brothers. They were more at home, as they always are, took more interest in the work they had before them, and must necessarily sucaudience than ceed better. The boys were however, “no sardines.” Some of them disputed the palm with the girls quite closely. The stage was painfully cold during We could not but pity little fairies with their the exercises. the gossamer robes on, whose little fingers were red and their fragile forms could illy repress a shiver though the effort was apparent. The sweet little creatures made no complaint, only too happy in being allowed to display their accomplishments at any sacrifice. Children of a larger growth there were present who went away with the regret that they were not young again not at all assuaged by the severity of the weather. Altogether the exhibition of Wednesday night was a happy time to both pa-. The former looked . proud of their children, white they in turn seemed to know their worth and endeavored to show itto the best advanSuch exhibitions are as rich as any theatre, and the people so hold and The receipts were $235 which will go to the publi yatronize accordingly. gly the debt created by building the publi school house. <= We notice that Mrs. EK. L. Pearson, formerly of this city, is at present the landlady of the Clarendon, Sacramento, Mrs. Pearson at the time of the great . conflagration here, threw open her doors and made her house a home for the suf ferers to its fullest extent. If Nevadans donot repay Mrs. Pearson, in patronage, now that they have it in their power, they are wanting inthe gratitude and human every being should possess. Mereor.—We saw a most brilliant meteor in the south east at about 6 0o’Its course was northward, and was visible but for a few seconds. clock on Saturday evening last. The heavens are said by some astronomers to be most prolific in meteoric phenomena during the month of November. To-night is the anniversary of the celebrated meteoric shower which Prof. Olmstead thinks of annual occurrence. Daviv Bourter.—The Sacramento Union, of Tuesday, contains the decision of Supreme Court in the case of David Butler now in confinement in our jail for the crime of murder. The jndgment of the District Court is affirmed. By an editorial item in the Union we learn that Butler is to be executed on Friday the llch day of December, four weeks fro to-day. ? Miss Emma Ssaxcey.—Our citizens are disappointed in not having the pleaswe of witnessing the personations of Miss Stanley. She has been seriously indisposed for several days, and it js probable she may not appear on our boards at all (= We are indebted to Jerry Sullivan, of San Francisco, for files of Eastern papers. ‘They came late, but not having been received from other sources are welcome never the less. Blood and Thunder —The Shasta Courier wants to know of the State Journal if theterm poltroon in anarticle on the Courier was intended to apply to its Editors proximately or remotely, and adds: “Poltroon” is a word which certain city editors are very fond of bandying back and forth. To our mountain ears, however, it sounds very unpleasant. In fact it is one of those remarkably significant words that our best friend cannot apply to us with impunity. ‘Tjhe editors of the Journal ought to know his, and hence we cannot think that they iutended the obnoxious epithet for us ᐀ Nevertheless if they did, being brave men, we expect them to say so.” The Courter man awaits an answer, meanwhile he is blazing away at the “bull’s eye.” Let the State Journal fellows try their skill at a perpendicular hair line. Whenthey can sever it, they can safely risk one bull's eye in a sh ing match. Two of the combatants chivs and another wants to be. otre $5,000 worth of coal is required,. to carry .a Collins steamer from New bs to Liverpool. I is aggravating to see a good looking an wrestling with your wife in a waltz, ith out having the privilege of going up nd tightening his cravat. A Favorite Remedy.—We believe no. : nedicine has ever given stronger proof ~ t its efficacy than the Oxygenated Bit. ters. In cases $f Dyspepsia and General Debility, restoring health and cheerfulness, when all other remedies nave failed. . Lanp Sate.—The President publishes his proclamation that about 20¢,000 acresof public lands in California will be offered for sale next May. A large portion of these lands are located in the San Joaquin valley. MARRIED. At the house of Mr. Campbell, Rock Creek, on Tuesday the 10th inst. by Rev. J. H. Warren, Mr. Lamuse WISEMAN to Miss HANNAH MARY CAKLO, ra Valuable testimony in favor of the Oxygenated Bitters. Wasuineton, D.C. June 10. Having made use of the Oxygenated Litters, prepared by Dr George B. Green, of Windsor Vt. aud frow knowledge obtained of their efficacy in other cases, we cheerf lly recommend them to the public, believing they will fully sustain the recommendation of the pros prietor. We hope that this valuable remedy may be accessibls to all the afflicted. Samucls. Phelps, William Upham, US, Scnators from Vermont. : James F. Simmons, U.S. Senator from Rhode Island. J.T. Morehead, United States Scnater and formerly Governor of Kentucky. L. H. Arnold, formerly Governor of Rhode Island. Wm Woodliidge, Jate Governor of Michigan. Asthma, and General Debility of the system, places it among the Its success inecvere cases of Dyspepsia, mest wonderful discoveries in medical science, and has given it a reputation far beyond any remedy known for these complaints, in all their various forms. Setu W. Fow.e & Co, 138 Washington st. Boston, proprictors. Sold by their agents everywhere Quicksilver and Nitric Acid. Can be had in any quantities at the Drug Store of KE. F. SPENCE, No. 21 Commercial street, where choice selections of Drugs and Medicines are kept and sold at very low prices—prices suitable to the times, BOOK SALE. AE AO OTIOM.4 11 A LARGE AND EXTENSIVE ASSORTMENT OF STANDARD AND MISCELLANEOUS BOOKS History—Biography—Travels—Explorations-—Pvetical—and Dramaticzal WORKS. Alsoa Beautiful Selection of Annuals & Gift Books for the Holidars. A general assortment of New and Valuable ; MISCELLANEOUS WORKS! Now open for 1 Examination and offered for Sale--On Broad St. next to Post C fice. Auction Sale commenci t To’clock, P. M Private Sale from 9 o’clock to 4 o’clock, P. M, The undersigned can only remiin here for a few days having previously made appointments to sell in other places. A. ROMAN. Nevada, Nov, 13, 1857. Notice to Scrip Holders ! ¥ TE owners of the following No’s Serip drawn on the different Funds are requested to present the same for payment, as interest ceases from this date. County Generai tund—No's. 4, 54, 811, = Road Fund— No's. 9,10, 11, Indigent Sick Fund—No's 64, 65,10,12,17, 19.19 T. W. SIGOURNEY, Treas. N. C. Nevada, Nov. 13, 1857.—3t. Phelan’s Cushions. ; = undersigned wishes to inform the pnblie that he has purchased the exclusive patent right to make and sell “Phelan’s Combination Cushions,” For this State and Oregon, and that they can be purebased of no other pers-n in this city. Purchesers ill protect themselves from being swindled by remembe ring the above facts. : . Orders for taking down, setting up or repairing Tables attended toat the shortest notice Private gentlemen cubs, er Saloon Keepers wishing to procure Phelan’s Modern Billiard Tables or ““Combination Cushion-,’? will please address M. E. HUGHES, 180 Jackson st. next to the International Hotel, novl3 San Francisco. Pacific Mail Steamship Company's Line. FO" PANAMA. Connecting via Panama Railroad, With the steamers ofthe U.S Mail Steamship Company at Aspinwall FOR NEW YORK AND NEW ORLEANS Departure from Valiojo Street Whart. The Magnificent teamship tte J.. STEPHENS Will leave Vallejo street wharf fo S. Mails, Passengers, and Treasure, FRIDAY, Nov. 20th, at 9 o’clock, A. M. Passengers by the P. M. =. Co’s Line are landed on their arrivals at Panama upon the wharfat the railroad terminns, by the ‘ ompany’s steam ferry boat, and proceedimmediately by : : Railroad across the Isthmus. To Aspinwall, where the steamers of the U.S. Mail 8. 8. Co, are alwaysin readiness to convey them to New York or New Orleans, 5 Passengers for New Orleans er from Aspinwall Through tickets arc furnished, including the transit of the Isthmus, Passengers are notified that all tickets for the steam ~ ers of the U.S. Mail S.S Co. must be presented to their agent at Aspinwall for registry and exchange, as they will not otherwise be availdie. For Freight or passage . pply to FORBES & BABCOCK, Agents. Cor. Sacramento and Leidesdorff street. A choice of berth on the Atlantic steamers is secured by the early purchase of tickets in San Francisco, r Panama, with U. proceed by direct steam — CHEAP! CHEAP! CHEAP! Sol. Kohlman’s CHEAP STORE HAS REMOVED To the old and popniar corner, in Kidd & Knox's Building Cor. of Broad and Pine Sts. \ J HERE can be found every varicty of Fashionable YY Clothing and Gentlemen’s Furnishing Goods, con. sisting in part of— Black and Blue Cloth Frock Coats; Beaver, Pilot and Cassimere Business Coats ; Heavy Pilot. Beaver and Petersham Baglans ; Black and Blue Broadcloth Talinas ; Black, Blue and Fancy Cas<imere Pants 7 Blue, Grey, Black ane Satinet Pants : . Faney and Black Sik Velvet VestsA large assortment of Shirts Drawers, Handkerehiefe Cravats, and Gloves : 6 A good stock of the latest stvlesof Hata and Caps ; Trunks, Valises and Carpet Bags : Jd Also alarge and well sclected stock of Boy's & Youth's Clothing a A large stock of heavy Grey, Blue, Red and ¢! of White Blankets; ~ =e " % RYBSSR &H0D3. Goodyear’s best White aud Black India Rubber Coats aod Jackets , India Rubber Pants, Overvalls, Leggings and Gloves Best kind ot Goodyear’s Long Legged and K India Rul-ber Boots. . see ™ I invite my friends and the public in general to eall and exainine my stock before purcha ing elsewhere. Remember the ‘ ornerof Broal and Pine streets, for merly occupied by Rosenheim & Bro. : SOL. K¢ MAN. Nevada, November 6th, 1257. —tf JHLMAN yFOR SALE. HE one undivided one fourth interest in the Ball Co. claims, situatedon Gold Bar, South Yuba, an h. 7 shares in Gold Bar Water Co. Ditc Por particulars apply to Alonzo Dipsmo ‘eva? er to Ball & Co. on the claime. A. A BALE Nevada, Nov. 6, 1257.—2t. {