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TUCSON, FEMA ., A, To9 SATURDAY, SKECEMJBE
r HE ARIZONA CITIZEN,
ronLisncD every Saturday at
TUCSON, PIMA COUNTY, A. T.
X o 1-
SUBSCRIPTIOX KATES :
One Copy, one year, 5.1)0.
One Copy, six months.... 8.00.
jSincle numbers 25.
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ADVERTISIXG LEGAL RTES.
Ouo square, ten lines, one time ?3.00.
Each subsequent insertion 1.50.
Professional cards, per month 3.00.
Business advertisements at reduced
All bills due monthly.
Office in Congress Hall Block.
Authorized Agents for the Citizen.
Hudson fe Menet New York.
L. P. Fisher San Francisco.
W. B. Bancroft New San Diego.
G. W. Barnard Prcscott.
K. B. Kelley Arizona City.
Reliable Correspondence solicited
from all parts of the Territory. Anony
mous communications will be unnoticed.
Letters on business and for publication
should be addressed to the proprietor to
insure prompt attention.
OF all kinds solicited and executed with
Neatness, Promptness, and at Reason
able prices at the CITIZEN OFFICE.
J. E. McCAFFRY,
Attorney and Counselor - at - Law,
Office in Court House Building)
1-tf TUCSON, A. T.
EDWARD PHELPS, 31. D.,
TUCSON, A. T.
(FFICE on the Plaza, opposite the
jf Catholic Church. 1-tf
Attorney and Counselor - At - Lav,
TUCSON, A. T.
ILL Practice in all the Courts of the
Attorney and Counselor -At -Law,
KJOl F Street, Washington, IX C
Y"C7"ILL promptly attend to the collec
i t tion of all claims placed in his hands
against the Government of The United
Will also pay special attention to pro
curing patents for Mining claims, School
Respectfully refers to Governor A. P. K.
Sailbrd, and Hon. R. C. McCormick. 1-tf
Congress St., Tucson.
HATR CUTTING and 3hampooing done
aft .:r the most approved styles."
l-rf SAM'L BOSTICK.
ALLEN'S BLOCK. j
J?&z& SLEEPING EOOMS, and i
tHe Largest and most comforta- j
5S5" ble Dining Room in the city, j
MEALS AT ALL HOUES ! I
First Class Board at Moderate Rates 1
A ccommodation for Horses and Teams.
Xa Also teams ready to do jobbing in the .
city and vicinity. 1
JOSFPH NEUGASS. '
Foster's Saloon. :
MAIN STEEET, TUCSON, A. T. j
(Opposite Lord & Williams.)
"OST Palatable drinks of all kinds and
best of SEGARS always to be had at
Rooms large, finely ventilated, and all
things kept neat. The public will lind
Foster's a place of comfort and refresh- ,
ment. . 1-tf. j
In the months of May and June,
1864, there were six suits commenced
in the District court of Pima comiiy,
in the First Judicial District, against
the property of the following persons,
to-wit : Charles Lauer, F. A. Ne
ville, Alfred Frear, Granville H.
Oury, Palatine Robinson and Elias
These suits were commenced in the
name of the United States, to confis
cate the property of the above-named
persons, on the charge that they were
engaged hi waging war against the
government of the United States, and
were therefore in rebellion to said
The power of Congress to pass con
fiscation laws is derived from Sec. 3,
of Article 3, of the Constitution of the
United States, which is as follows :
" Congress shall have power to de
clare the punishment of treason, but
no attainder of treason shall work
corruption of blood or forfeiture, ex
cept during the life of the person at
tainted." In pursuance of this provision of the
Constitution, Congress passed a law
approved August G, 1S61, authorizing
the confiscation of all property used
in aiding insurrection and rebellion,
and providing the mode of proceeding
in confiscation suits.
The Act of Congress approved July
17th, 18G2, provided for the confisca
tion of all property of persons giving
aid and comfort to the rebellion.
These proceedings were instituted
by Aimon Gage, Esq., United States
District Attorney of Arizona Territo
ry, who came to the Territory in De
cember, A. D. I860. Mr. Gage es
tablished himself in the Prcscott
country, and learning that a term of
the District court of the First Judicial
District had been appointed to be held
at Tucson, commencing on the last
Tuesday of Ma', IS 64, he iu company
with Levi Bashford, Esq., then the
Surveyor General of the Territory,
whose office had been located at Tuc
son, started for this place with a mule
each,- with no other persons with
them. The Indian signs were numer
After passing Sacaton station, in
stead of continuing on the road to Tuc
son, they took the left hand road to
Ft. Breckenridge, now Camp Giant.
After going on this road to near the
Fort, and seeing Indian signs every
where, and at night seeing the Indian
camp fires. They made a hasty re
treat on their back track, being satis
fied they were on the wrong road. In
the meantime, the friends of the par
ries at Tucson feeling that there was
something wrong because they "had
not arrived here, procured an escort
from Lt. Col. Coult, then in com
mand of the post at this place, and
started in pursuit of the parties, and
were greatly delighted in finding them
at the Point of the Mountain, worn
out with fatigue in running the gaunt
let with the xVpaches.
Mr. Gage arrived at Tucson a few
days before the commencement of the
court, and at once commenced busi
ness by bringing these suits.
Orders of publications were pro
cured to get service on the defendants,
as they were not in the Territory, and
personal service could be had on them
of the papers in said suits. Thereup
on Mr. Gage returned to Prescott de
lighted with the prospect of early dis
posing of these cases and putting
"money in his purse" in the shape of
On the 11th of June, 1SG4, Judge
Howell returned to his home in Mich
igan, with the expectation of return
ing in the fall of that year to this
Territory, but he never did return.
j In the spring of 1865, Mr. Gageex
j pecting that Judge Howell would re
j turn in time to hold the April term of
i the court ,at Tucson, started in high
glee for this place, but on arriving at
Salt river, he found the water very
high, and in attempting to cross that
stream the wagon in which he was
riding, drawn by 'eight mules, was
carried down the river. Mr. Gage,
however, safely returned to the same
side of the river from which he had
started. The wagon and mules were
taken down the river, and the mule3
drowned. The ' ' carpet bag " in which
Avere copies of all the papers and la
borious briefs in these cases, were oar-
i ied down the stream and never re
covered. Mr. Gage nevei thereafter attempt
ed to cross Salt river, but wrote to his
friends in Tucson the most doleful ac
counts of his exploits and " hair
breadth " escapes from the raging Sa-
There were no courts at which these
cases could be tried until the arrival
of Judge Backus to hold the spring
term of 1SGG.
Judge Backus, "however, declined to
hear the cases because the United
States Avas not represented, "there be
ing no United States District Attor
ney, Mr. Gage having resigned.
There was no person that would ac
cept the appointment of United States
District Attorney until the spring of
ISO;), when Mr. Eowcll was appoint
ed to that office. These cases contin
ued on tho court docket.
On the -1st instant, the Hon. Coles
Bashford appearing for persons who
had purchased various parcels of this
property, moved thj court that these
easels be stricken from the calendar,
and that tho defendants have judg
luent as in case of non-suit, and read
in support of the motion, the proo
lamation of the President of tho Uni
ted States of July 4, 1363, the conclu
sion of which is as follows :
"Now, therefore, be it known that
I, Andrew Johnson, President cf the
United Stale's, do by virtue of the con
stitution, and in tho name of the people-
of thi United states, hereby pro
claim and declare unconditionally, and
without reservation to all and to
every person who directly or indirect
ly participated in the late insurrection
or rebellion, excepting such person or
persons as may b.; under presentment
or indictment in any court of the Uni
ted States having competent jurisdic
tion, upon a charge of treason or other
felony, a full pardon and amnesty for j
the oitencj ox treason against tne bai
ted fitites, or of adhering to their ene
mies during the late civil war, with
restoration of all rights of property,
except as to slave;, and except also as
to any property of which any person
may have been legally divested under
the laws of the United States."
After hearing James E. MeCaffiy,
Esq., Assistant United States District
Attorney, upon the questions involved
in the case, tho presiding judge of the
court, Chief Justice Titus, granted the
motion of Mr. Bashford hi a brief but
clear statement of his views of the
Judgment of discontinuance has
been granted therefore of these suits,
but without costs against the United
At last these familiar cases have
been disposed of.
It is with pleasure we receive The
Daily Post and The New Mexican as
exchanges. On Sunday last, Ave re
ceived two days later news by them
than by any other source.
The Daily Los Angeles Star comes
to us as an exchange. It is Avell filled
Avith dispatches, local and other news.
"Wo recommend it to the attention of
those Avanting a good daily in South
Interesting Letter from Prescott.
Prescott, A. T., ;
Nov. 15, '70.
Editor Citizbx: Noav that elec
tion is over, quiet is restored, and Ave
have time to look around a little, and
Avrite letters that are not entirely of a
political character, though as Ave are
yet ignorant of the result of the con
test, except in this county, our atten
tion is occupied considerably Avith dis
cussing the eA-ents of the campaign,
and speculations concerning the vote
in different parts of the Territory.
The fight in this county Avas the
most bitter, earnest and exciting of
any election held since the organiza
tion of tho Territory, and as Prescott
itj the largest settlement in the county,
of course here avus the centre of the
Avar. The Democratic chief, P. E.
Brady, came here, and made his last
and greatest efforts, and Avas here on
tho day of election. Probably no man
in Arizonan political races has ever
been worse deceived in regard to the
state of the track than he Avas. He
stated, after hearing from the A-otes
cast at the precincts of Prescott, Big
Bug, Aqua Frio, Walnut GroA-e,1 Wil
liamson Valley, Quartz Mountain
Saw mill, Kirkland Yalley, Granite
Creek, Chino Valley and Verde,
Avhich gave him 56 majority OA-er Mc
Cormick, that lie had expected the
majority to be 250,, that his friends
had so represented the prospects to
him, and that they AA-ere evidently not
Avell posted. He calculated on get
ting u00 majority at least in Yavapai
county. Eetums from every precinct
but one, A-hieh though not official, are
doubtless nearly or quite correct, shoAV
a majority for Brady of 126. The
vote of Yavapai in 'G3 Avas Gil), and
McCormick got 202. This year the
A-ote so f ir as heard from is 1112, and
Brady gets a majority of only 12 G, or
three-fourths of the majority Hush got
Iavo yoavj ago.
This is very satisfactory to McCor
mick' s friends, and avc hope will prove
so to him. It shows that his efforts
havJ boon appreciated, and that in
spite of the assertions and lies pub
lished in The Miner, the intelligent
voters; of old Yavapai have not been
decoiwd concerning the activity, en
ergy and desire to serve his constitu
ents, displayed in Washington, both
in and out of Congress, by Governor
McCormick, our delegate for two
years ending March 1st, 1871, now re
elected for two years from that date.
The People's ticket Avas defeated, and
avc had but little reason to expect its
success. There Avas no organization
of a People's party, and as our conven
tion Avas held Oct. 22d, only 3 Aveeks
before the day of election, there Avas
barely time to get the tickets printed
and sent to tho different precincts in
the county. The very liberal support
given to the ticket shows that there is
a Avarni feeling hi the community in
favor of nominations outside of party
lines, and encourages us to believe that
if the central committee appointed by
conAention, is active , and faithful in
its labors until our next general elec
tion, avc may reasonably hope to elect
our whole ticket. E. W. Wells, Avho
Avas endorsed by the People's conven
tion, started as an independent candi
date for county recorder, and was the
only county officer on our ticket Avho
Avas elected except those aa-Iio Avere
nominated by the Democrats and en
dorsed by our couAeution.
Other items of interest are not plen
ty at this time. Mr. Eilers, tho U.
S. Commissioner on mines, has been
here and gone. He went through the
mining districts of the Sierra Prieta
range in company AA"ith nieiiAvhokneAv
the country, , and Avas very much
pleased AAith what he saAv, and Avill
give a good report of the land and the
opportunities for prospectively profit
able investment of capital in our
As usual at this time of year, the
majority of the votes, only merits the
contempt of honest men, Avhile it ex
cites the laughter of Brady's backers,
Avho brought men to vote who had
barely time to shake the dust of Mex
ico from their feet, and Avhen their
votes were challenged, urged them to
perjure themselves. Well, we have
the pleasure of knowing that their
(the Bradyites) villainous schemes
Avere unsuccessful, and that they are
doomed to sail on that river, " whose
Avaters are bitter to the taste," (the
political "Eio Sala,") Avhile the Hon.
E. C. McQormick represents the peo
ple of Arizona at Washington.
Everything goes along very nicely
hero. The farmers are busily engaged
harvesting their corn, which Avill be
about an average crop. From the
present indications, there Avill be a
large amount of land put under culti
vation tho coming season, and the
chances are that there Avill be plenty
of grain raised.
Captain Nettcrvillc, commandant
at Camp Grant, is in toAvn this morn
ing. He brought with him a party
to assist in chalking out a road to the
new post in tho Pinal mountains. It
is to be hoped that this post, right in
the heart of the Apache country, will
have a good effect on the savages.
I saw some of the ore brought from
the neAv mining country, (only a feAv
lucky ones know A-herc it is), smelted
in a crucible, It(is veiy rich in silver
and copper, and the locaters of the
thing see big money in it. More
anon. ' A.DAMSVILI.E.
McCormick m Colorado.
EA-ery delegate to Congress, save
Colorado's past members, have suc
cwdod hi getting aid for their constit
uents in the shape of camps, forts, and
funds. Mr. McCormick, the member
of Congress from Arizona, as lately as
July 11, made an able speech in the
House of Eepresentatives, Avhen the
Indian appropriation bill AAas under
consideration, hi which he boldly spoke
of the trouble that his Territory has
had to encounter from the Indiauiv.of
the great odds against which the sjff"
tiers had to contend ; of the ferocity rf'
the Indians ; and of the absolute ne
cessity of better protection for life and
proixjrty. He plead for troops in his
auction or country, not to kill Indians
as he cutely remarked, but "to prevent
AA'hite men, women and children from
being killed, or their property being
stolen aAvay irom them. This is the
kind of member Ave Avant for Congress
from Colorado." Ilochj Mountain Her
ald, Sept. 9.
The Miner seems determined to
continue its falsehoods as vigorously
since as before election. The substan
tial people generally of Yavapai un
derstand its spirit. It might as Avell
OAvn up that its present disappoint
ment aiid vicious disposition Avere the
results of taking bad instead of good
counsel. Tho editor may have heard
about the blind leading the blind and
Avhere they fell, and, if so, can easily
make the application.
The San Diego Union, of Nov. 24,
says "a dispatch Avas yesterday re
ceived from San Francisco by Pauly
& Sons, stating that tho committee of
the Chamber of Commerce of that
city, on the Fort Yuma Eoad, Avere
now ready to commence operations,
and asking that our representativ
come on at once to co-operate Avith the
Committee. Accordingly Mr. Pauly,
senior, leaves to-day by the Orizaba
The best AAay to make good coffee
is to go to hotels, restaurants, railroad
eating-houses, etc., and ascertain just
how they make coffee, then make it as