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Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, January 04, 1866, Image 2

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Tliamliiv Kvrulne... — ..January 4. IK».
We have «II heard of the fallow who
repeated the notice of hi* muter, that a
certain matter wis in statu quo, under the
impression that a reputable place was
thereby designated. If ever this phrase
could be applied, in a personifying man
ner. to a purgatory of suspense, it can be
so used at the present time. "Things"
National, State, municipal, arc on the
vivacious point of uncertainty ; yet threat
ening to bo precipitated into a rush and a
row at any future moment.
Are we going to have a foreign war?
Or is Napoleon going to back down ? is
Max. going to get up and dust? is John
Bull going to pungle for Semrnes & Co.'s
plunder ? These are prime questions that
now rise before the school houses of the
country. And incidental with these is
the question : Is there going to be a
Fenian raid into Canada ? Or is there to
be κ Donnybrook fair tight at the next
Fenian Congress ?
Then, on the question of reconstruction
much remains afloat, undetermined, on
the first, about to be resolved by the
climax action of Congre«.
I.» ! in Nevada, what a rumpus ! The
Specific Contract I.aw declared uncondi
tional, and debtor and creditor—we are
all in one or the other class—are in a
quandary about payments, etc. The
Legislature having just convened, there is
u «v«i»om#nr λι\ th»» ιίΛΛη» of nnticinA.
ted measyres for financial ·' fixing up " of
disjointed affairs.
1.orally there are many question* ο I
interest, and very diverge opinions as to
the character ot legislation we need.
Taking it all in all. tune» are wieajy.
*Ve won't be down in old statu quo long;
we will adjourn to sine die pretty soon,
Two sportsmen on a farm in tho San
J oatjuin Valley bagged eighty snipes and
forty mallard ducks on Christmas Day.
Osk of Charles Dickens* sons, a barris
ter. has been appointed to the Hench. at
Melbourne, Australia.
Thk death of the fattest man in the
world. M. Helm, is recorded. He was
employed in Paris as translator. His age
was 42, and he weighed .">00 pounds.
Caftais Thomas A. Young, formerly
County Surveyor of Placer county, died
at Fort Mason. Arizona. December 2d, of
dropsy on the brain.
Nkw York, January 1 Mathewson
St Allen's large block on Broad, Dorrance,
Eddy and Liddle streets. Providence (R.
I.), occupied chiefly by jewelry manufac
turers, was damaged by fire on Saturday
to the extent of §40.000 or $50,000. The
victims are Steer Sc Crocker, S. M. Lewi!
& Co., J. A. Brown & Co., Nathaniel
Grant & Co., J. li. Mathewson & Co.
All of whom are insured.
I.lgihlatios.—Notice has been given to
tho Senate, by Mr. Sumner, of a bill ex
empting the capital of such National
Banks as may be established in this State
prior to January 1st, 1S67. from taxation.
As a guaranty, supportive of the laws ol
Congress in the saine direction, this is a
commendable measure. Mr. Cutter, in
the Assembly, has given notice of an Act
to repeal that provision of law under
which State officers are paid their salaries
in com.
A. Wakd.—That true humorist, and
perhaps most original man of the age,
Artcmus Ward, is reported as dead. Poor
fellow, he has had so much to do with
■' wax-tiggers, and sich," in his short life
time. that he has at last turned into one
himself. We hope the telegraph will wake
him up again. We don't believe he is
dead. How old Death could tackle such
a humorist as hint, is more than we can
Thb Citv " Extras."—Mayor Jones,
in a communication to the Virginia Board
of Aldermen, officially promulgates the
facte and opinions as 10 uuiespie s ana
Eddy'* '· extras " which we published on
Saturday lait. We have not yet heard of
Mr. Eddy's resigning ; although the fact
that he had not actually received hie quota
of the extra alone saves him from prosecu
tion. Hia intent was good for the $100 ;
but our exposure rather snapped the
morsel from his mouth. How about the
former " extras " of the City Clerk—are
they to be refunded ? Alderman Piper
complains that the "extra" resolutions
would not have passed the Hoard, but for
the favor of Mayor Jones. It seems we
enlightened the Mayor in exposing the
importions on the City Treasury.
Tk*asox is Tlitliiuil—It appears
that the loyal people of Tennessee some
how fail to appreciate the plan which their
fellow-citizen. Andy Johnson, has adopted
for " making treason odious." In addi
tion to the stringent laws und restriction»
which they have instituted to prevent the
too rapid " reconstruction " of the men
who were lately committing outrages
upon them, we observe that the Grand
Jury of the United States District Court,
at Knoxville, have just found indictments
for treason against '· over nineteen hun
dred " persons. It appears from this, that
the cruelties so lately imposed upon the
Union people of East Tennessee by their
rebel neighbors, have not been forgotten
by the former, and that they are not in
clined to cancel all those outrages by em
bracing the traitors whose hands are still
red with the blood of men guilty of no
other offense than that of loyalty. They
■tart with the President from the sanu
premises—that " treason is the greatest ol
all Crimea but they set-m to reach a dif.
ferent conclusion aa to the way in whict
the chief of Crimea should be puniahed
They lack faith in the pardon process.
During the latter pert of September end
commencement of October tho whole
Xorth Atlantic coast of America, includ
ing the Gulf of Mexico, was visited by
▼erv eererc hurricanes, which destroyed
many vessel*, t'uba. in addition to a ter
rible tornado, was afflicted with deluge to
the destruction of a vast amount of prop
erty. About the same time in Oregon,
Mount Hood—that had quietly held its
enow-capped head to heaven for forty
years—began to vomit smoke, tire and
scoria; and almost simultaneously in
California commenced that long aeries of
rumblings and shakings that culminated,
but did not end, in the great earthquake
that ruined so many buildings in the
Ciolden State. That all these phenomena
depended upon one another, or derived
origin from the same source, wc would
not undertake to say. but we will say that
their almost simultaneous appearance is
not α little singular, and that science
might be able to prove a connection of
some sort between them. We all know
that in the earth's interior exist tremen
dous forces, willing enough, when able, to
break through the crust. While these
forces are swelling, gaining power, what
confines them ? Evidently the pressure of
the atmosphere upon the earth's surface.
If then the u«ual condition of the atmos
phere be radically changed; if, for in
stance, solar heat produces unusual rari
ficatiou, the pressure of the air-column, it,
seems to us, would be lessened, and the
chance given to these confined earth
force* to burst forth in the shape of earth
quakes and volcanoes, according to the
nature of the crust. That the air had be
come unusually rarified, is evinced by the
fact that unusual hurricanes prevailed,
llence it strikes us as not impossible that
there really was a connection between the
various coincidental phenomena above al
luded to, and we hope that some of our
savans will look into this hap-hazard
theory and enlighten us.
A writ»» in the Mobile Remitter, in
proclaiming himself » great friend of
President Johnson's policy of reconstruc
tion, indulges iu a rather sweeping propo
sition for the settlement of the negro ques
tion. " If we had the negro question
properly disposed of," says he, '· by utter
eradication of the element from our pres.
ence, we would bo the freest and most
Oiesseu people on mm. .'ΠΙ uiv imfjp;
Jay soon come when the Ethiopian Khali
be known only as a curiosity for exhibi
tion." This yelper—we will bet a ton of
quartz—is one of those who but a short
time since were so hot for " eradicating "
the Yankee element from their presence, as
the indispensable preliminary to freedom
and blessedness. A few moons hcnce ho
will not likely be so anxious to kill off
the negroes as he is at present.
The following preamble aud resolution
were this morning introduced into the
Senate, by Senator Doran, of Esmeralda :
Whubas, 'lhere are at this time two
railroads bein^ constructed from the navi
gable waters if the State of California to
ward this State ; and
Whkkxas. One of these toads (the Cen
tral Pacific) has received large grants of
land and liberal subsidies from the Gen
eral Government, besides liberal donations
from countics aud cities in California, and
from the State of California ; and
Whkubas, The Placerville and Sacra
mento Valley Railroad, connecting with
the Sacramento Valley Railroad, with the
terminus of the latter as aforesaid, is
already built to Shingle Springs and, it is
believed, will be completed to Placerville
early in the ensuing Spring; and
Whkkeas, A Company known as the
·' San Francisco and Washoe Railroad
Company " has been fully organized, for
the purpose of constructing a railroad
from Placerville to the capital of the State
of Nevada—thence to the city of Austin—
said company having caused a thorough
and accurate survey of their trans-moun
tain route to be made, and the line lo
cated. which was found to be in every re
spect, feasible and practicable ; and
Wheukas, Neither of said last men
tioned roads has ever received any aid
from public sources, except the subscrip
tions of the county of El Dorado and the
city of Placerville for three * thousand
eiinrr* οι siocn, ιογ wiiivu uicir wnus
have been received ; «side from the aid by
«id bond*, the work on said ronde having
been prosecuted entirely by private enter
prise; and
Whereas, 'l'he amount of travel and
freight flowing to this State is already
great enough to indicate that two railroads
leading hither from navigable tide-water
in California will be remuneratively em
ployed at fair freight charges ; and
Whereas, The interests of the State of
Nevada, as well as the whole section of
territory between the Sierra* and Salt
Lake City, imperatively demand the
speedy construction of at least two rail
roads over said mountains to this State
and across its boundaries ; therefore, be it
ItMoJvnl, That our Senators in Con
gress be instructed, and our Representa
tive requested, to use all honorable means
to secure aid from the General Govern
ment, both in lands and money, to the
said San Francisco and Washoe, and the
said Placerville and Sacramento Railroad
Companies, to the same extent as the Cen
tral Pacific lUilroad Company has been
and is now being aided by the United
Hewlett, That His Excellency, the Gov
ernor, be requested to transmit a copy of
the above preamble and resolutions to our
Senators and Representative in Congress.
Ixthknal Kevenuk.—According to the
report of Commissioner Rollins, lately
made to Congress, the total receipts of in
ternal reveaue for the fiscal year ending
June 30th, 1363, were $111,003,192 83 ;
for 1864, $116.800.672 44; for I860,
$209,991,835 91. These amounts are ex
clusive of the direct tax of twenty millions
levied in 1861, and the duty upon the
deposits and circulation of the National
Batiks. The Commissioner saya:
It is a matter for sincere congratulation
that, thus far, the people of this country
have so patiently borne the burden which
has been put upon them, and have so
freely contributed of their substance to fill
the National Treasury. With few excep
tions, the demand of the tax collector hat
been met promptly and willingly. And
when it is recollected that the present
generation only know by tradition or by
reference to obsolete statutes that taxes
have been imposed in this country upon
articles of their own manufacture and the
objects of internal traffic, or upon the vari
ous crafts or profession» in which they are
employed ; and when, too, it is considered
that the amount of revenue thus collected
for the single year ending June 30, 1866,
amounts to a sum nearly or quite equal to
all the receipts of thia Government from
its organization to the war of 1812, -we
may not only be justly proud that the
material strength of the country has been
fully equal to the burden imposed, but
Mi-lt ί" born· »o quietly and so
willingly. '
Xomblc Drnth —Klg l.ouu - Mirnmrr
l.oal — I.ο»· of l.ilr — l.nrsc »nd
l.oyiil Krvrnui· — .Tliastrrt-d Oui—
ΜηιακχΙ···2 Oil the .Vorthnn Fron.
licr-l'ttien I'nrillc Kiiilroud—fliilr
—Ironclad· nnd .Vionitor* rontlng to
Ihr Pacidr—Mrrrrlnrjr Mewnrd uud
Knutily—Extradition l.nw*.
New York, Dec. 31.—Among recent
deaths is England is that of I.ady Augusts
Jordon Halliburton, last surviving natural
daughter of William IV, by Mrs. Jordon.
The New Orleans Picayune says that
Adams' Express Co. have recently loaned
$2,000,000, accumulated capital, to South
ern Railroads, to enable them to resume
The loss of the steamer Constitution is
confirmed. She left Savannah for New
York on Dec. '23d, with 24 passengera>
700 bales of cotton, etc. She struck on
the southern point of Lookout Shoals,
and broke up in 48 hours. The Captain
with twelvo of the crew saved themselves
on cotton bales. All of the passengers
and sixteen of the crew were lost—in all,
forty. Loss of vessel and cargo will foot
up $300,000.
Washington, Jan. 1.—The receipts of
internal llevenue for the six months end
ing December 30th, were $175,556,458.
Fifteen surgeons were mustered out of
service, yesterday, and the number will be
immediately increased.
Smuggling on the Northern frontier,
which was about crushed out by the vigi
lance of the Treasury Department, is
again reviving. The ice on the Lakes
and rivers is ottering scoundrels facilities
for the work.
A voluminous report, showing the his
tory of the Union l'acilic liailroad, and
legislation in aid thereof, has been com
piled nt the Interior Department, and will
shortly be published.
The Government has been advised that
representation· made to spam m lavor 01
peace with Chile, have so far prevailed
that the good ollices of France and Eng
land have been accepted on term* propos
ed by thein and the United States.
The United States steamers Vanderbilt,
l'uscarora, and monitor Monadnock, un
der Commodore Rogers, were at Cayenne,
on the 27th of November, en route for the
Pacific. The Monndnock behaved beau
Secretary Seward and family left on
Saturday night, December 30th, on board
the U. S. steamer De Soto, for a short
voyage in the warmer latitude of the South
Atlantic. They expect to be absent two
or three weeks.
Xtw York, Jan. 1.—Λ Paris letter
says that the reasons for the termination
of the Extradition Treaty between Eng
land and 'France, was that during the
whole period of existence of such treaty,
every criminal demanded by England of
France has been promptly surrendered,
while not a single criminal demanded by
Francc has ever been given up by Eng
land, and that the Emperor does not
ehoose to be any longer a party to such a
•ne-sided arrangement.
Tkr Atlantic Telr|<rnpb — The I'ruinu
.Movement—From .HckIco—Terrible
HI air of Λ flaira—ViniC of· (Jen. Mrho·
llrl<l lo Earopv-Frou Npnin— Fire
iN l*fw York—From Ohio.
Several hundred miles of the core, or
interior portion, of the new Atlantic Tele
graph cable are completed.
One of the evening papers has a story
that a Washington auctioneer has been
engaged in buying up fire-arms for the
Fenians, and had partially delivered an
invoice ΟΙ Wt-np-Jn», Wlivil WIC iiiuiucijjui
authorities cmbartassed the further con
summation of the contract by interposing
a '/mo ιcarranto.
Account» from Mexico show that ex
treme measures are being used toward the
people. Maximilian at first tried mild
measures, but finding that they did not
succeed, French officers were instructed to
use the utmost severity. A gentleman
who has traveled from the City of Mexico
to Vera Cruz, says that the road is lined
on each side with the blackened corpses of
guerrillas. There arc no trials, or court
martials, of these men. If a man is caught
robbing, or even if he looks suspicious, he
is promptly strung up by the roadside by
Lieutenants, who are at once judge, jury,
and executioners. As a consequence
there is a reign of tenor all over Mexico,
except the Rio Qrande.
The Paris correspondent of tho Liver
pool Daily Journal says the visit of the
Yankee General Schotteld to Europe has
been so thoroughly sifted that wo have
discovered its real motive, which is noth
ing less than tho purchase of one of the
islands in the Archipelago named Spe/.zia,
a most important island, which is admira
bly situated for the surveillance of both
the European and Asiatic coasts, offering
every facility for the formation of depots
and dock yards, beneath the American
flag. The discovery of this proposed ar
rangement with the American Government
has given terrible surprise, as it is consid
ered a realization of the famous threat
which at one time appeared to be nothing
but Yankee bombast.
The Madrid correspondent of the Lon
don Times says that the health of the
Queen is declining daily, and It is thought
she will soon be unablo to attend to the
duties of the Throne.
Cincinnati, January 1. — The Ohio
Legislature assembled to-day. Governor
Anderson's message is lengthy. ( The
State is represented to be in a flourishing
condition. The Governor urges legisla
tion for the protection of lives and prop
erty and other rights of people, from en
croachment or neglect of railroad corpo
rations of the State. lie argues at length
against the Monroe doctrine and inter
ference with Mexican affairs. He says
what the Monroe doctrine exactly is, we
have never agreed among ourselves ; its
origin is doubtful ; its purpose uncer
tainty ; its means to this day unspecified.
Mexico has nevpr been and never can be α
Republic, unless her people will accom
modate us and be born again, and of en
tirely different parentage. She, with all
her sister Republics of South America,
has been from the beginning interrupted
by most violent, bloody and incendiary
anarchy. She has continually injured ail
nations with which she bas held commu
nication ; has ruthlessly ruined and op
pressed her people and Government ; has
brought disgrace alike upon the sacred
name of Republican Liberty and human
The Governor is opposed to going to
war with France, or menacing or bullying
her in behalf of Mexioo.
ηνρκκ.ηκ court dkcihon.
niltikri et al., Hopradnu, r«. ©.
■lam, Appcllaisi.
On the 13th day of April, 1864, the appel
lant executed and delivered to one Finne, hi·
promissory note, payable in gold coin on the
15th day of October following. This note
was anigned to the respondent*, the plaintiff·
below. On the 30th day of January, 1863,
raoro than three months after maturity of
the note, suit was brought thereon, a demur
rer was interposed and overruled ; and a
tinal judgment, no answer haviug been inter
posed, was rendered in favor of the plaintiffs
on tho 17th day of February, 1865.
The judgment demanded payment and sat
isfaction in U. S. gold coin.
Execution was issued, whereupon the de
fendant (appellant), tendered the full amount
of the jugment and costs in legal tender
notes, commonly called "greenbacks," and
moved the District Court to order satisfaction
of the judgment entered of record. This
motion was denied and the appeal in this
case is taken from the order, and from the
judgment. Two objections are prominently
presented :
First—The appellant contends that the act
of the Legislatnre of this State, passed Jan
uary 4th, 186-5, commonly styled the "Specific
Contract Act," is prospective and not retro
active in its operation.
Second—That if the act be retrospective, it
is void because it conflicts with the act of
Congress passed Februury 25th, 1862, which
declares that the notes of the United States
are a legal tender for the payment o( debts,
In our opiuion both objections arc tenable.
I. Is this act of January 4th, 1866, retro
active in fact ? Does it by express terms, or
unavoidable implication, so clearly embrace
contracts antecedent to its enactment, lis not
to admit of α different construction ?
Retrospective laws have been regarded
from remote antiquity as odious and tyrani
cal, and they have been almost uniformly
discountenanced by the Courts of Great Bri
tain and the United States. Bracton, in dis
cussing the subject, adopts the maxim of tho
civil law in these words: "flora coiutitutio
fiUttri* forman debit imponert non pratt·
Lord Bscod, in his quaint style, says: "It
is in general true that no statute is to have a
retrospect beyond the time of its commence
ment." TheFrench code provides expressly
that no law can have a retrospective effect.
"Alt laws," says Black stone, "should be
made to commence in future"—and the Con
stitution of New Hampshire» declares " retro
spective laws to bo highly injurious, oppres
sive and unjust." Thus we find that the
power of the Legislature to enact retrospec
tive laws has been stubbornly denied by many
able writers.
Sedgwick, in treating of the subject, makes
use of the following emphatic language :
"Nothing shcrtof some great paramount
emergency of public policy can justify laws
nf thi· lrinfî. nml it will be well for all eiiKaircd
in the business of government to understand
ami remember that the iteady and uniform
rule iihnuld be to make statutes operate pros
pectively only. No exception should be tol
erated but on the ground of η controlling
public necessity."—(Sedgwick on Stat, and
Con. Law, page 202.
The foregoing suggestions have been ad
vanced with a view to admonish at least
against a loose and latitudinarian construc
tion of a species of legislation objectionable
and in accordant with the fundamental prin
ciples of the social compact.
We would not be understood, however, as
alleging that retrospective legislation is uot
within the scopo of the law-making |>ower.
The settled and approved doctrine at this
day is, that such power exists outside of an
express and positive constitutional inhibition
in certain enumerated cases (as for instance,
laws of a criminal nature, or laws impairing
the obligation of contracts, which are posi
tively inhibited), and that the only check
upon this power seems to be, that Courts
will not give retrospective interpretation to
sta: ites unless the intention of the law-mak
ers is so plain, either by express words, or
by unavoidable implication as uot to fairly
admit o( '.he opposite construction. To state
the proposition with all the clearness we can
command, and to avoid misapprehension, our
understanding of the law on this subject us
now settled is, that the primary rule of con
struction is to give η statute a prospective
elfect, but that the rule must yield if the ret
roactive intention is so plainly expressed or
manifest as to lcavo no doubt upon the mind.
And this is confined to cases where no con
stitutional objection interposes, as before
We will instance some cases wherein laws,
though confessedly retrospective, have been
held by the judiciary to be unobjectionable.
Such are statutes declaring valid acta of offi
cers illegally elected or appointed ; confirm
ing the acts of towns or corporations, muni
cipal or otherwise ; correcting and ratifying
assessments irregularly made ; extending the
time for the collection of taxes, and coniirm
ing the informal levying of the same, and
altering und amending the modes of proced
ure in judicial matters.
In these and other such instances the laws
clearly rctroact, and iniliviiluals may some
times suffer thereby, but such laws are sup
ported solely upon the principle that the in
terests of the public are involved and deemed
paramount to thoso of individuals, a princi
ple which cannot, we apprehend, be invoked
in favor of the respondent in the case at bar.
In support of the doctrine that, in order to
give the statute a retroactive) effect, the law
itself must so state in express terms, or such
intention must be otherwise clearly manifest.
Wo will refer to authorities : When im
Srisonmcnt for debt prevailed in the State of
lew York, if a person incarcerated for that
• - J « 1 :_:t lïi—
l_ A U «V lilCIGIf awvi'i'vu WW J J
tics, it was held to bo an escape, and α right
of action instantly accrucd therefor against
the sheriff, ana n return or recapture before
suit brought was no defense to the action.
To remedy this harsh rule the Legislature
passed an act declaring that a return or re
capture before suit brought was no defense to
the action. To remedy this harsh rule, the
Legislature passed an act declaring that a ro
turn or recapture before auit, should be a
good defense. Λη action was instituted
against a sheriff for an escape. During the
pending of this aotion the above mentioned
statute was passed, and on the trial it was
contended that the iheriff was entitled to its
benefits (a rccapture having been pleaded) on
the ground that the statute operated retro
spectively. There were no express words to
denote a retroactive intention.
The Court held it did not so act, and
Thompson, J., in his opinion, said ; " It may
in general b· truly observed of retrospective
laws of every description, that they neither
accord with sound legislation nor the funda
mental principles of the social compact.
How unjust then the imputation against the
Legislature that they intend a law of that de
scription unless the most clear and unequiv
ocal expressions are adopted." (Dash vs.
Van Vleck, 7 J. R., 477.) Indeed the au
thorities uniformly speak the same languago.
(Vide Iiailcy vs." Mayor, etc., 7 Hill, 147);
(People vs. Carval, 2 Seld. 40-3); (Palmer vs.
Conley, 4 Denio, 376). There is no need of
multiplying authorities to this point.
We arc of the opinion that when a statute
is silent as to past time and events. Courts
aro bound to apply it only prospectively.
(Jarvis vs. Jarvis, 3 Ew. Ch., 462. Palmer
vs. Conley, 4 Donlo 37C).
It may be further observed as a general
rule, that α statute affecting rights and lia
bilities, should not be so construed as to act
upon those already existing. To give it that
effect the statute should in express terms de
clare suce to be the intention. (Johnson vs.
Burrell, 2 Hill, 238).
Now, at the time the note in this case was
made and matured, the defendant had a Icgul
right to pay |the amount stipulated in legal
tender notes. That was the law ·, it entered
into and was α part of the contract. With
.out determining, however, at this time,
whether this was such a " vested right " as
the Legislature had not the power to over
throw, it was certainly such as ought not to
be presumed defeated by their action, inaa
much as they have not declared that intention
by express retrospective terms.
Laws of this character partake of the mis
chiefs of ex poit facto laws; and when they
affect contracts or property, would be equally
unjust at ex pott Jacto laws when applied to
We have not overlooked the case upon
which the respondent eo confidently relies,
vix : that of Oalland vs. Lewis, decided in
the Supreme Court of California, in which
the same question presented here was de
cided. The Court holds that the California
statute, which is precisely like ours, is retro
spective, and embraces antecedent contracts.
While we have the highest respect for the
learning and ability of the Judges who at
present grace the bench of our sister State,
we are compelled to say that we are not sat
isfied with tnc reasoning or authority mar
shaled in support of that decision.
In the first place, Oalland vs. Lewi* does
not disent* or decide whether the law was
retroactive or only proepective in effect The
learned Judge attumet it to be retroactive,
and thenoe, by η very natural process, argues
that it i· valid, for the reason that it-is not
in conflict with any vested right secured by
constitutional guarantee or protected by the
principle· of universal justice. But the law
may be valid, though not necessarily retro
spective, 10 as to embrace and apply to ante
cedent contracts.
Then, the authorities invoked by the Court
arc lamentably out of point.
The Kentucky case (Cole vs. Ross, 9 Β
Munro, 393.) was an action upon a covenant
to deliver good merchantable pig metal, at
twenty-nine dollars per ton, to a stipulated
amount, when the commodity, by the terms
of tho contract, was to be delivered, the metal
advanced considerably in price. Tho defend
ant tendered the stipulated amount at the
rate of twenty-nine dollars per ton, when it
waa worth much mure. Hie Court held it
was " a contract for pig metal and not for
Of course, a tender of the amount at the
stipulated price of tivcnty-uitic dollars per
ton, when its value had been greatly ein
hanced by the time the contract was to be
discharged, would not meet the terms of the
obligation. In Mich cases the doctrine is
settled, that the measure of damages is the
value of the property :it the time of the
breach, and that amount lint having been
tendered, the defendant's liability still exist
ed. Wc find no fault with this doctrine, but
fail to discover any analogy between that and
the case under consideration. The case from
Indiana we think less germain to the que*
tion, if possible.
Wc have therefore come to the conclusion
that the Act of the Legislature, approved
January 4th, 18G.Î, docs not embrace con
tracts entered into before it went into effect,
and is prospective, only, in its operations.
II. Wc proceed to the consideration of the
second question. Docs the Act of the Legis
lature passed January 4th, 1 H0.5. conflict with
the legislation of Congress, which declares
the issues of the l/'nitcd States notes to be a
legal tender, nt their face, in payment of
debt· ?
The first Act giving the character of legal
tender to these notes, is that of February
2ôth, 18(12. Subsequent statutes contain the
same phraseology on this subject. After de
claring them payable in all transactions to
and from the Government, except customs,
dues and interest on the public debt, the Act
provides, " and shall also be lawful money
and a legal tender in payment of all debts,
public and private, within the United States,
except duties on imports and interest as
aforesaid." (12 Statutes at large, 343.)
In the ease of Maynard vs. Newman, this
Court adjudged the constitutionality and
validity of this law. Being valid, it is su
preme. The Constitution of the United
States so declares in express and positive
terms. " This Constitution, and the laws of
the United States which shall be made in
pursuance thereof, etc., etc., shall ho the su
preme law of tho land, and the Judge· of
every State shall be hound thereby, ancl any
thing in the Constitution or laws of any State
to the contrary notwithstanding."—Constitu
tion U.S., Art. VI., Sec. 2.
Having held the Act of Congress valid, we
cannot fail to perceive a repugnancy between
it and the Act of the Legislature, and consc
»·'" 1··»»Λ«· ·»···«» fill I'inlil. Till» 11111»
applies to all debts, public and private (other
than those specifically excepted), and pro
vides that they may be paid and discharged
by legal tender notes. The State law em
braces debts, not within the excepted canes ;
and in effect ainu at engrafting other excep
tions upon the Act of Congress. It is mak
ing the Act to read : except duties on im
Sortu, interest 011 public debt and a class of
ebts payable in gold coin. This will not an
swer. If the Legislature has the power to
make this exception it can make other ex
ceptions, and thereby cmasculatc the law of
Congre** so as to render it practically inef
The demand for which this action was in
stituted is a dfbit as designated in the Act of
Congress, liable to be liquidated and can
celled by payment of legal tender notes at
their face value. It makes no difference in
the eye of the law that the contract calls for
payment in gold coin, the legal character of
the demand, and the force and effect of the
law of Congress still remains impressed upon
it. Cnn a State law withdraw it from the
operation of the paramount law ? It is a
debt, which in virtue of the express mandate
of the supreme law, muv be paid in thouc
issues which that law itself called into exist
But it is said this statute is merely reme
dial, and that the remedy is strictly just and
Admitting all this and conceding as we do
that every principle of honor and honesty de
mands that the debtor should discharge his
engagements to the letter, still the position
we take remains unaffected. As between the
parties, it would be strictly equitable and just
to compel the performance of the contract
according to it* express terms, but in the
teeth of the legislation of Congress the Court
has not the power, and we cannot exercise
jurisdiction in the domain of ethics, however
ignominiouslv a debtor may act in refusing
to observe a sacred regard for his obligations.
The stubborn ever-recurring question is, does
this Act conflict with the law of Congress ? I f
it does, no matter how remedial or equitable
it mar be, it is void and must disappear he
fore the majesty of the higher law. Was the
debt in question within the provisions of the
Act of Congress ? Yes. was it of either
clans exempted by the terms of that Act ? |
Clearly not. Hut what power or niniiomy,
then, can the Legislature of a State exempt
01 disenthral it from the embrace and opera
tion of the national edict ? Thia Act is in
derogation of the Act of Congres». AH such
laws stand in direct and brazen antagonism
to the policy of the nation, and, practically
extended through several States, during the
rayless period of the nation's travail, would
intlict a wound upon constitutional liberty
which the coming ages would not sec healed.
Such laws, in the face of the action of the
Congress of the United States, assert that
most abused, because illy understood, doc
trine of State rights in its most odious and
intolerant aspect.
We are told that two kinds of currency
exist, and that both arc different in intrinsic
value. Granted as a fact ; yet in the eye and
judgment of the law, for tlic purpose of dis
charging debts not excepted in the Act of
Congress, they are identical, rather equiva
lent. '
By positive law a legal equality is estab
lished between the metallic coinago and the
paper currency of the Government, and I
hold that judicial inquiry is not admissible to
make any distinction between them where
the debt or obligation is expressed in Federal
money or currency. Casuists may attempt
to discriminate ; but their logic will limp and
Government has the power to reduce the
weight or debase the fineness of its metallic
currency, yet debts contracted, while the
standard of weight is, say, 100 grains to the
dollar, may be discharged by the new coin,
though decreased in intrinsic value to a
standard below 100 ; we presume this will not
be denied. Indeed, such fact ia part of the
history of our Government. Yet we have
heard no complaints on that ground. \Vo
have not read of any objection to the exercise
of the power.
The first silver dollars coined in 1794
weighed each 416 grains; in 1837 the stand
ard weight of tho silver dollar was reduced to
4124 grains.
In 1834 the weight of line gold to the dol
lar was reduccd, and in 1837 the standard of
weight was insignificantly advanced to the
point at which, we think, it now stands, rix :
α nominal fraction over 23 grains.
Take an illustration : A borrows from Β
one thousand dollars in gold, and agrees to
pay it in one year, gold coin alone being cur
rent, legal tender, the standard weight of the
gold dollar at the time of tho contract being
fixed by law at 2-5 grains, but before the day
of payment, Congress bv law reduces the
standard weight of the dollar to 20 grains,
but making it α legal tender, can not the
debtor discharge the debt with the new coin,
although of less intrinsic value than the coin
he had of his creditor ? Wc hold that he can ;
because the creditor ia bound to receive the
oublie currency, and bound to receive it at its
leqal value. Ita lex scripta ut. (1 Bouv. L.
D. 358.
On principle, do <he creditor's rights or
conditions stand upon a different footing,
when the same sovereign power which made
the dollar of diminished intrinsic value an
equivalent in law for the other of greater in
trinsic -value has declared that its notes of
issue shall have tho like effect ? We think
In this there is nothing startling. It is
incidental to the mutations natural in gov
ernmental as in commcrcial affairs. And as
debts that may have been contracted while
gold and silver were the only legal tender
(this debt was not of that kind) may now be
discharged in United States notes, so debts
incurred during the present state and condi
tion of monetary affairs, though eontraoted
upon » paper basis and calculation, will be
paid in gold and silver when the ineullio cur
rency shall again become the sole legal ten
der—a period, we are happy to believe, fast
W» have reached the following conclusion
in thi· cue, after much sincere and anxioui
deliberation : The question discussed in the
last point ia now ana we had consequently to
rely upon our own rcfleetlon and judgment,
unaided by light from adjudicated cases. It
is indeed true that the Supreme Court of Cal
ifornia, in Carpentier vs. Atherton, 25 Cal.,
565, haro held a doctrine different from that
nro here maintain.
It is not from disinclination that wc fail to
îpprovc the opinion of that learned Court
upon so grave a question as the ono involved ;
but α sense of duty and responsibility to our
:onvictions of what we believe the law really
is, forces us to a conclusion opposite to that
leclarcd by that able and highly respectable
Our opinion ia that the Act of January 4,
1805, is m conflict with the law of Congress
to which wc have referred, and that it is
therefore void.
The judgment and the order appealed from
must be reversed so far as it demands pay
ment in gold coin, and the Court below is
iirccted to enter aatlsfaction of the judgment
upon payment by the appellant, in any legal
tender recognized by the laws of the United
States, the full amount of the judgment and
The costs of the appeal will be paid by the
It is accordingly so ordered.
I concur: BEATTY, J.
I dissent^^^^^^^^^LEWIS, C. J.
San Francisco, Jan. 4—2 r. m.
Forruoou MlocU Trniiaartian·.
Exchequer $ 7 50
Chollar-Potosi 130 00
Imperial Ill 00
Oould & Curry 880 00
llnlc & Norcros* 260 00
Savage 760 00
Belcher 159 00
Bullion 34 00
Yellow Jacket 440 00
Ophir 330 00
Crown Point 550 00
Alpha 210 00
Sierra Nevada 8 00
Confidence 26 00
Overman 47 00 |
nnr nuk Ik Λ m/
To Lui.
X by Mr. iilHuclutril, oppo.ite the Nkws
office. Apply to
W. Κ. IjAFKEH γυ.
Ooldlllll, Jnnunry 4, Hj&t. Jrt Splf
Next Dour to Saw I'ruueiaro Kcn
IV very choicest of Meat*. of nil
Hotel*, Restaurant* aud Famille» -
«applied at raoet reasonable rati··.
Order* received for· 6ALTED MEATS, In «!«»·
niroble quantitle*. and delivered to citMtonier*.
Tin* attention of Mill Mon. and Superintend
ent* of Miuc* i* called to our miperior article of
TALLOW, carefully rendered, and exproetly put
up for machine une.
.Moat Market* aupplied daily with fin·
fp"Slaui;htereri furni*hed with Livestock,
Horned Cattle, or Sheep, at abort notice.
Order* received at the office. Gold Hill Mar
ket. ROBERT PAOE, A*ent.
Hold Util, Jan. 4, 1866'. ja4 tf
.tlnyimrd'· Hulldln*,
Vv the public generally that I have ai*uuied
the proprietorship of Chin popular fcnloon, aud
will be triad 1o receive my friend* and the pub
lie, :md can assure them that 1 constantly
hav· m store th« tlnest brand* of
Porter mué
Λ flue LfNCH I* *pread dally at 11 o'clock.
Connected with the Exchange ar· fine private
Rending Itooin* for gentlemen.
Give me a call everybody.
(Succe**or to Eave* Si Nye,)
No. 'i Northeast corner (' nod ΓηΙοη ·!·.,
VflUa.MA, Ν Ε v.,
Manufacturer. Impnrtw, AUySk
and Dealer lu JT
Fine Watches, Diamonds,
Silver Sl Silver-plated Ware,
Il' 1M l.l.l' liriilinuiivuio 141* \/!»Λ ···
If friend*, and th« pnhllc generally, that h·
will continue thw buvinr*· ut the old and well
known NtauJ. where ho will keep roimtivntljr on
liuml the bent ami mont complcto anaortment of
the Hnrnt
(•old and Hllrer Watchen, Jewelry» Dia
mond*, Silver nod Hllyer-alated ΛΥ are,
(•old Tenm Hpertaelea of all kind·,
llru/.iliun and Scotch Pebble·»
■■"CUT (L5,ihu·
EmL B*eT
JDiamond Work and all kind· of Jewelry
and Silverware manufactured to order at the
ihortent notice.
Watcke* and Clockji Repaired and Warranted.
Hanm'e Patent Ruckle· for *ale, and all other
kind* of Hnrkl··* manufactured and for inle.
I'leuNo eall and examine the Good*.
Don't forget the Old Comer.
ja4 2m W. T. BAVES,
Ν V Ε Λ € Ο.,
(Next Doer to (Mille, Mon Se ('·.,]
Silver de Stl-rei—Plated
frlenda huiI the public iicnernlly that th«y
Imve re-opened " Illruchinmi'»" old wrll known
aland, where they will keep constantly on hnud
llir lieat knd muât complet· aaiortraant of the
Gold nitd Milrrr Wnlchr·,
Jpirelrr. DlitmoMd·,
Milvrr nnd Nilirr-Plaled W«l»i
Optielna·' (1*«4·ι
«•Id Pe«",
Clack· ·Γ»«»·γτ
... ι t . . ι I . . . ) ■ : ■ - >
NIB & CO..
Xext door to Otlllg, Mott & C«.
We hare now Nnperlor PaclUtlea for Mann
Dlanaaad fletti·!·, Etc.
fy The former patronne· of the old eitabllih
uietit la reapeetfttlly aoHeted.'
ΠΥΜ db CO.
Areata for
Haum'i Patent Buoklea.
J ai tf
ASSAY ERS AM) BAn&zaa nifiima.
Pioneer Assay Office
— or —
>1ιι|ιι uti rrf, btlnw Well·, Knrao A· Co.'»
OfMrr, urxf door to Denny'·
Uruc Nwrti
QOI.U lilM., ΝΚΥΛϋΛ.
'ΓΙΙΚ ÛNDEKSI(l«i.l/, isued as
L AiUTfr eight rev In California, and for over
two ye*ra InNeva-'» v.Oold Hill, wui attend to any
ijualneaa entninUM to 1..K1 with itrornpthesa and
Gold, Hllvrr iind Ore· of Every DeMrrli#
tloia Auayed,
And return· of Bullion made within alx ho:»»in Η·ι>
or Coin, at the option of the depusllnrt·'.
For correrttles* of hie Auaya, he re fern to—
Sieur*. Trevor A Coljjate New York
Meaara. 11. Behrend A Co New York
Mc«m. Bavldaon A Berri Van Francisco
Meaara, J. l'arrott A Co Sun Francisco
Mew*. Mather A Co. ...Sari Francisco'
McK*ra. Tallatit A Co .....San Francisco
llank of California San Fram-laco
Mewra. Β. V. Halting» A Co Sacramento
Meaara. D. 0. Mille A Co Sacramento
Mc.virs. Hideout A Smith Mary»ville
Mew*. Decker A Jewett Marytvllli
Meaara. B. F. Haatlnga A Co Virginia City
W. U. Blaltvelt, Ag't Bank of Cal Gold Hill
I'. D. Iledley, Ag't Well·, FurjfoIt Co.',.. .(iold Hill
Charm nt Man Francisco Unir».
noil If I'H. IIAKKIS.
The Bank of California!
WM. 8HARON, Oen'l Agent.
reeoir· Depoiiti of COIN or BULLION,
either on
Or to !··■? Certificate· Thfrrier!
pHVMble (at the option of tbf holder/in Gold HID
Of m 8— FWldWOi to tnake Collection'·; pur
chnxo Bullion at the mom favorable rutin, or ml·
ranee coin thereon when forwarded to the Parent
Bnnk in aSau Praucl*co; nelln BUIm of Exchange,
and trnnnHct a General Banking Biulne**.
(•heck* for Me on
Loudon, Par in.
Bank of Ireland (Dublin), New York,
OUI Γ I πιιιιπν ν,
Portland (Oregon), Siicramt-nlo, «If.
WM. 8HAH0N, General Ageui
W. II. BLAUVELT. Cmlii-r.
Gold Hill. Dec. 1,1885. deel If
«old Hill, Neradii.
Who»· reputation mi an Awayer and Analyti
γλΙ Cheralut la well known, aud under hi· tuper
vlnlon oar Ore Aiiuy· and Annlyiea will for the
future be made.
«•Id Hill, Nevada.
Dep«iu*f 4Jald and Silver Halli···.
For Molting and Auaylng.
Having every convenience belonging to u
And the anHiatanc· of men tborougblv conipa
tent In every department of the builtieM, our
DrpMlt··-· May R«lf I'pon Return·.
A« being correet and exact In every particular.
cr Value* reported, und guaranteed to cor
respond with the ««my* of the L\ S. Mint.
Rate· of Charfta-According to tl « Shu
Frnnclaco tariff", viz: One per cent, in valu, of
Oliver, «u«i W'» lui irji'M iiuk vkmu, π ιιγιι »ιι»- min»
la li'M ttmn β 1,200; wlicu over thut amount, one
fourth of ono per cent, of the value. Or» Λ «my·
for Oold and Silver, $5. dee 11 If
VAN WYCK & C!<>..
A « S Α Υ Ε Κ « ,
Gold and bilvkr uullion mkltkh ani·
Auayed, and return» made In Barn 111'-lUv II
Our vVanayn
Will conform strictly to the lUinlutn of the
U. H. Mint,
And our chtnrM will both· wunru In San Prant-imo
J^Partlcular attention given to OHK ASHAYe.
ilec .10
Havinu fitted up a laboratory
eiprflally arranged for Ore Aaaaya and
Analytical opération· of every deacrlptlon, we
are nor- prepared to make ordinary Ore Aaaaya
at the reduced rate of
Within Two Hear· of Receipt of Sample !
Gold Hill, Dec. 21. 1865. deSl in
(Union copy. J
.A. S S Α. Υ Ε Ft,
Metallurgical Chemist!
OFFICE—On Tnvloretreet. aoulhweat ear.
of Dalrrrt, Vlrslnln.
E«tttt»llwlië<f in Ιθβΐ !
And return· thereof made In damped Bar· or Coin
The correctneu of hi· computation· la
proved In tte tame way aa don» hy him during a
number of y ear· In the U. 8. Mint, 8an Kranclaco.
ΠΓAll tin diof Ore· and Mlnerala teaied, aa
•ayed and aaalyaed.
49-Refer· to Pahllo Oplalo». Μ·Λ η ι
PnoritttTOR Μλχ Waltkh
To wltneae the excellent performance· of the
crlrbrniml CouieUlao,
Κ S'Wiffl- . . Ε Ρ Rlpplnafci au,
F H H Oldfleld, « Hhaltm,
η, P. Wretwood,
Who appear la a chance of Farce*, Barleeque·,
Drama·, Mliiatrelay, el·., al(bUy.
To all parti of theHouie Fifty OeaU
Boie· M 80 and M 00·

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