The Santa Fe weekly gazette. [volume], February 11, 1854, Image 2

About The Santa Fe weekly gazette. [volume] (Santa Fe, N.M.T. [i.e. N.M.]) 1851-1854

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ions by the eujreuiü government, 1 lie woulJ havo been well for them to con
company binds itself to transport the j skier the real position of affairs. . They
troops and employees of the govern- should havo borne in mind the nuiner
nient, munitions and other effects, at one i ous difficulties that presented themselves
half the cost demanded of the public. ! to General Pierce, at the onset of his ca
The government shall also receive ten j reer ; for a President had never so much
por cent on the dividend paid to share- to encounter in the organization of his
holders. Also, the company shall ad-: Cabinet, and administration. The dom
mit the engineers designated by govern- ocratic party had, before his election, been
nient, toan opioitunily of completing entirely disjointed and broken up, and
their theoretic studies by practice in the 1 could only be induced to unite upon the
surveys nnd construction of the road and neutral ground of fhe Baltimore Plat-
its branches, and promises to employ, by
permission of the supreme government,
such of tlicni as are fully qualified.
Art. 10. Should any doubt arise about
the interpretation or execution of the
pivseiit contract, the said doubt shall be
decided by two referees, one named by
tho government and tho other by the
company, and should they disagree, they
shall chose a third, from whose decision
there shall be no appeal.
AÜDIÍ10.NAL ARTICLES.
1. If tho company bo not formed in
I.on!n in six months from this date,
the contract becomes null and void.
Ü. If tho nationality of tho company
be not Anglo-Mexican, it is likewise
null.
ü, If the company be formed in six
months or sooner, on the day of its in
stallation, tho company shall gnaranteo
to the Mexican minister in London, val
idly and satisfactorily, tho execution and
completion ol'the railway.
This contract is ordered to be printed,
published and circulated.
Given at tho palace of the national
government in Tacubaya, this 31st of
October, 1353.
ANTONIO LOrKZ it SANTA ANNA,
A. U. JOAQUIN VIXASQUES de LEON.
anta ft Itlcckljj (Dajcttc
'Imlpcndcut in all things Neutral in nothing.'
V. W. II. DAVIS, Editor
SATI RPAT, JECUIAKY 11, 1851.
The Administration at Washington.
AVc notice, with much regret, in some
of the democratic pnpers that came to us
from the United States, attacks upon the
National Administration. Many, no
doubt, believe themselves sincere in this
onslaught upon General Pierce and his
Cabinet, but by far tho greater number,
we think, arc actuated by selfish motives.
They, or their friends, have failed to con
trol as many ol'the "flesh pots of Egypt"
us they considered themselves entitled to,
and hence, as a matter ot course, must
find fault with the administration, right
or wrong.
The ostensible cause of complaint, with
many, is the removal of Judgo Bronson
from the office of Collector of Customs,
nt tho Port of New York, which act has
caused a deal of excitement in tho polit
icalcamn. AA o regret, as much as any
one, that the President considered liis
removal necessary, because, whether jus
tifiable or not, it has bceu ceized upon
bv the dissatisfied as cause of war against
tl'i administration. There seems to be,
. . . i i i ..
m our opinion, a nuiwi'Jersiunuing as
to the true reason for tho removal of
Judge Bronson:" Tho canse of his offen
ding was not, that he had failed to ap
point Free-soilcrs to office under him
for it is generally conceded, by his own
s'uoivin that he had given them a fair
proportion but because he wroto to the
Secretary of tho Treasury, in a manner
that savored of dignified impudence, and
rather took thcaduiinslration to task, for
making suggestions to him which they
had, as wo think, a right to do. And a
gain, either Mr. Bronson, or somo of his
indiscreet friends suffered a garbled copy
of Mr. Guthrie's letter, to find its way in
to tho newspapers, and tho Secretary
. had to make tho whole correspondence
public, in self ilcfetico. Under tho cir
cumstanccs, no other course was left to
tho President, than to dismiss him,
which was accordingly done. Tho Cab'
, inet and Judge Bronson ceased to havo
confidence in each other, and it was bet'
tor for both parties, that the change
should be made. Could an administra
tion that desired to retain the respect of
tho country, do otherwise than removo
tho incumbent, and find a new agent to
perform his dnties ?
Before the democrats, who are in own
warfare with tho a Immigration, hriVW"lritMttot
umodsuch a belligerent attitude, it; the mvnders. Mr. Ashurtt for appellee.
'
form. In tho North, West, and middle,
of the Union, wo had the wing of tho
party that had followed after 6trange
Gods, in adherence to the Freesoil organ
ization, without tho democraticjshcepfold:
and in tho South and Southwest, tho U
nion men and Secessionists, strong in
number, wero in a great measure aliena
ted from tho party. Luckily, all difficul
ties wero reconciled, and victory was tho
result of the Union. After the new ad
ministration had como into power, these
discordant materials had to bo reconciled,
especially in tho distribution of office ;
all had assisted in tho election of tho
President, and deemed they had equal
claims upon his consideration. How
difficult tho task ! an if ho has erred
at all, it has been in an honest effort to
carry out, in good faith, tho bond that
was signed, sealed, and delivered, at tho
Baltimore Convention,
These who are most strenuous in their
opposition to tho administration, are tho
very men, w ho, in the campcign of 52,
made the strongest asssrtions, that, prin
ciple, nuil principio only govcrend them
in their advocacy of the claims of Gen
eral Pierco to tho Piesidency. How
soon is the question of principle lost sight
of, in tho squabble for the spoils ; and
now these very samo men aro quarrel
ing over tho offices, aud because they are
not satisfied, accuse tho President of
treachery to his ancient faith. Now, wo
havo never yet understood that tho dis
tribution of offices was the criterian by
which to judgo of tho principles of an
administration, but that tho measures ad
vocated or opposed, was to bo tho test.
And applying this rule, wo would like
some of the discontented ones to point out,
wherein General Pierco has thus far been
falso to a single doctrino laid down in his
Inaguraljand until they can pointoutsome
such political short-coming, thoy should
remain silent, and not make themselves
ridiculous by such idlo attacks. Tho
most amusing of all the charges is, that
tho President ha3 gono over to tho Frco
soilers, and to prove which, they have
no other evidenco than tho removal of
Mr. Bronsin. Mr. Eedfield, tho new
incumbent, was a Cass man in 1843, and
has not been accused of any h:rcsy
since, except of now being whuffs known
as a modern Soft Shell, and even that is
no evidence that tho President has thrown
himself into tho hands of that party. All
who stand upon the Baltimore Platform,
and havo remained true to its doctrines,
up to tit ia time, havo claims npon tho
administration, for a fair proportion of
tho spoils it is in accordance with the
compact, and is only tho pound of flesh
they aro reasonably entitled to. llow a
faithful carrying Out Ot tho agreement,
made before the election, can be tortured I
into political heresy, on tho part of the
President, is moro than we can seo. In
tho wholo of his political course General
Pierco shows a clean bill of health, and
tho confidence of tho democratic party,
in the soundness of his faith cannot be
shaken.
LOCAL ITEMS.
Indian Depredations Stock run off by the1
Indians, from the Ranch of Messrs- Gid
dingi and Beck.
We arc informed by M. Giddinga, that
on tho 24th of January, five animals wero
run off from their Ranch on tho Pecos
river, by tho Jicarilla Apaches. They
followed them two days, and reached the
camp of tho Indians, but did not recover
the animals.
News from Sonora.
Mr. Giddings also informed us, that a
few days ago ho saw a Mexican who
has just come from sonora, direct, and
who reported thnt ho had met fonrtoen
companies of Califomians on their way
down, and thnt ho understood many
i moro wero going by sea. Tho poor poo-
. ... , i p e
The Remains of Pablo Martin found.
We learn the body of Pablo Martin,
who was mied some three months ago,
was found three cr four weeks since : his
bones wero discovered by tho Bame par
ty who fouitl the remains of tho two
murdered iliericans. His murderer is
supposed toje known.
Judge Benedict returned home.
His Honor, Judgo Benedict, who had
been in town, for the last month to at
tend the session of tho Supremo Court of
tho Territory, returned to his home, in
tho RJo Abajo, Thursday the 9th in
stant. rAppohitmciit by the Governor.
By and with the adoise and consent
of the Legislative Council.
Charles L.Spencer Esq., to be Treas
rcr of tho Territory of New Mexico,
Territory if N Mexico,
I vs
Amblas Tapia.
Habeas Corpus
On Friday, the accused came before
Chief Justice Dcvenport, on Ilabeus
Corpus, but owing to somo irregularities
in tho return of the officer, the petition
wa3 withdrawn. We understand the
causo will como up again.
OPINION OF THE SUPREME COURT.
The Suprera Court met again in the
Court house, in this city, on Monday the
Cth iinstant, to deliver opinions in tho
causes argued at the January Term,
Tho cases were all reversed and sent be
low, for a new trial; below wo present an
abstract of tho opinions of tho court, fur
nished us by the politeness of Chief Jus
tico Deavenport, and IBs Honor, Judge
Wutts,
Abstract of points in opinion delivered by
Chief Justice J. J. Dcavenport :
F. X. Aubrey
Joseph Nanglo,
Cage of attachment.
1. That however irregular it may bo for
an appeal to be taken from an interlocutory
judgment, vet if the Supreme Court entertain
such appeal and reverse such judgment, the
court below cannot disregard the action of said
Superior Court.
2. Thi District courts established undor the
Organio Law, if they recognized the Circuit
courts established under tho Kearney code,
were equally bound to recognize the Superior
court established under the same,
3. It was error for the District court to
compelí the defendaut to plead to the merits of
this cnusc, when the preliminary plea putting
in issue the truth of the affidavit remained un
disposed of,
4. The District eourt obtained jurisdiction
of this cause by defendant') appearance, and it
it not deemed necessary to give construction to
the transfer Act.
Case reversed, and remanded for A new
trial.
Mr. H. N. Smith for appolleo.
Mr. T. Whcnton for appellant.
James N. Ward )
vs Replevin.
James M. Broadwell. )
The opinion of the Court in this case was given
by Judge Watts, and the following points were de
cided :
1. The temporary civil government established
in New Mexico during the war, was a governmen
de jure, under the laws of nations.
2. Such temporary civil government ceased to
derive its authority from that source, after the
treaty of peace, but continued lawfully to exist a,
a government de facto, with the presumed assent
of the government CÍ Ihi.UpiM atetes and the
people of this Territory, until it was changed by
the establishment of a Territorial government here
by Conií'", and that the laws, usages, and muni.
i i i l.i !- . t ik. ...... I...:-- -b
the treaty would continue in force until changed
by Congress or. the Legislative Assembly ot this
Territory.
3. That the incohaie claim of Texas to juris
diction and sovereignty over this Territory was
satisfscto. ily extinguished before any actual juris
diction or visible sovereignty had been exercised
here.
4. That a parly to the record is incompetent
as a witness in the case.
5. The principal in a replevin bond is not I
competent witness for the plaintiff in attachment,
upon the ground of interest in the event of the
suit,
0. Where a witness has bien examined on his
voir dire as to his interest in the event of a suit,
and purges himself of any interest, evidence of
such interest an extra, is not admissible.
7. AVhen three persons execute a bond ia re
plevin, conditioned that the plaintiff, who is not a
party to the bond, shall prosecute his suit with ef
fect, they are all alike sureties of the plaintiff, not
withstanding one of the three in the bond is called
principal, is agrnt for the plaintiff.
8. A voluntary non-suit cannot, be assigned for
error.
9. Where a party has ben driven to aban
don his case by tn adverse decision of the
court upon vital point, to which decision the
the plaintiff excepts, the non-suit cannot be con
sidered voluntary.
10. The principal in replevin bond being in
contemplation of law bat the surety ot the plain
tiff, his nime may be stricken out of the bond, and
another subitituted, for the purpose of rendering
him competent is a witness (or the plaintiff on the
' .
.Waldo, nail & Co. )
ti Attachment.
Hugh N. Beckwith. )
This oase wi appealed from the Santa Fe
District oourt. Tho ease was reversed, and
sent back for a new trial. The opinion of the
eourt waa delivered by Judge Benedict, and
the following points decided :
1. It ehould appear by the reoord, that an
affidavit in attachment had been filed, and an
attachment bond tiled and approved by tho
clerk, before a writ of attachment can legally
issue.
2. If such requisites of the statutes are not
complied with, tho writ of attachment is void,
and may be quashed.
3. A former clerk who had omitted to note
the filing of the ulEdavit, and the approval of
an attachment bond, cannot, after he has gono
out of offico, be examined as a witness to provo
when the affidavit was filed and the bond ap
proved by him. Such permission might work
injustice to the other party, especially after
the lapso of two years.
4. Tho pendency of an attachment suit by
the present defendants against the plaintiff, in
the Circuit Court of Jackson county, Missouri;
will not abate a suit by the present plaintiff
against the defendants, in the United States
District Court of New Mexico, notwithstanding
tho same subject matter ia in issue in both
suits.
5. The diligence required of a bailee for
hire, who keeps working oxen during the winter,
is such as the common law imposes, und not
such diligence as the civil law exaets from tho
keepers of flocks.
6. A court will not Bet aside the verdict of
a jury upon the ground of a preponderance of
evidence against the verdict, if there is any
evidenco to support it.
7. When throe defendants are sued as part
ners, the plaintiff may recover without proof of
the partnership, if he prove a joint undertaking'
or liability upon the part of all three of the
defendants.
8. The voluntary appearance of tho defen
dants in attachment, waives all process of no
tice and cures all irregularities.
9. After such an appearance, notwithstand
ing tho attachment may be quashed, the defen
dants may still be required to nnswer to the
case, as an ordinary suit in debt, and they are
personally bound by the judgment.
T. AVheaton ond AV. AV. II. Davis, for appel
lants. M. Ashurst, for appellee.
A Yankee at the Crystal Palace.
As wo were sitting in the picture gal
lary at tho Crystal Palace, taking mem
oranda of its contents, a tall ill-dressed
Vermonter, attracted probably by the
beningity of our visage, addressed us :
" Stranger, what mought they charge
to let a feller in this ero show ?"
" Why do you ask ; you paid at the
entrance, did you not?"
Y-a-a a-s! I didn't pay nothin': cf
yew seo nnythin' green 'bout me, jest
write, will yew?
'How did you gain admittance, then?'
" AV-a-a-a-11, yew see I traded with a
boy out thero for a Herald, and gin him
an extra cent to holler " fire !" and when
tho man with tho brass thing on his coat
looked around, I kinder edged in behind
him."
Ofcoursowo expressed our indigna
tion, and were about to leave him, when
ho seized our button holo, saying quick
ly: "Say, Mister; dont bo riled, guess
they'll never miss it. Yew talk so nil
fired honest, guess you must bo a news
paper feller, been takin' notes ain't yoit?
I've henrn 'bout this short hand,"
Wo assented : and ho resumed !
'"Mought yewr namo be Greely, Mis
ter? becauso I seed a nigger wench who
looked jest liko a fewgitive nigger; and if
suo is, it s a bully enanco lor you to
ead wou't cost nothin', nuther."
"r'Ve denied iut imputation, when ho
continued :
"I oilers like newspaper chaps 'cause
thoy'ro so clever. Been in the fino arts
myself; taught scholl three winters
eighteen dollars a month, and boarded
'reonnd."
We next stopped to view the fino spec
imens of perfumery, among which wero
busts made of solid soap. " llullo r
said Yankee, nosing tho goods, " guess
those aro mado ot grave-stun, ain't
they i"
" No, they are made of soap."
Before we could prevent him ho had
pinched it to satisfy himself. "W-a-a-11
gues it is, it feels soporiferons, any way;
smells apocryphal tew, dont' it? jest like
old Mr. Slocum's pothecary shop tew
hum.''
A few steps brought us to the statua
ry, where a number ot persons were si
lently gazing at Powers' statute of the
Greek Slave.
"Mister, " said he, after a moment's
insnoction, pointing to the chains upon
hor wriits, "what's that cretcr hoppled
forf"
ino bystanders roareu; ana wo en
deavorcd to explain to him tho nature of
the subject ; and to prevent Inm from
handling it as ho was bent upon doing,
pointed to to tho placard requesting vis
itors "jxot to toucn, the articles"
" Don't touch the articles:' repeated
he, " Why she hain't got the first darned
article on hor.
Journal of Commerce.
From the Journal of Commerce.
AMERICA.
Bf CUAS. W. BUTLtR.
America, my oountry,
Thy patriots love thy name
Thine ever brightening glory
Shall givo theo lasting fame.
To nations for a beneon
Thou evermore shall be,
And this the true heart's reason,
Thy pride is, to be free !
Thy many seats of learning,
Thj temples fair and high,
Unto tho eye discerning,
Write words that ne'er shall dio
AVrite words that deods shall brighton,
To speak thine inner worth ;
Thy deeds are lamps to lighten
Koraotost realms of earth.
Thy Patriots were true-hearted,
They gleam in honor's shrine,
The loved and the departed
Are themes in songs of thine.
The heart with rapturo gloweth,
At the mention of each namo,
And tho fitting meed bestowcth
Upon its well-earned fame.
America, my country I
This heart is proud of thee,
May ever now-bought glory
A fadeless token bo,
Thnt freedom's priceless banner
Shall wave b'er earth afar,
Oppression's tyrant never
Thy rising splendor mar.
PUNCTUALITY.
There are very few who havo strength
of character sufficient at all times to do
now what wo hopo may be dono to-morrow.
Tims wo put oil' acting at the right
time, not because it is easier dono hero
after, but because wo do not wish now to
make the effort. AVe make appointments
and do not keep them punctually, and
think little of it; but we havo no con
ception of the annoyance wo cause our
friends. AVo abuse their patience, con
sumo their time, and lend them to dis
trust our promises in futuro. Melanc
thon says, when ho had an Appointment,
he expected not only the how but tho
minute to be lixed, that the time might
not run out in idleness or suspense. Tho
punctuality of Dr. Chalmer's father was
so well known, that his aunt, appearing
ono morning too lato nt breakfast, and
well knowing what awaited her if she ex
posed herself defenceless to tho storm,
thus managed to divert it : " 0, Mr.
Chalmers !" sho exclaimed, as sho en
tered tho room, " I had such a strange
dream, last night! 1 dreamt vou wero
dead."
"Indeed!" said Mr. Chalmers, quito
arrested by an announcement which
bore so directly upon his own futuro his
tory. " And I dreamt," she continued, "that
tho funernl hour was fixed : and the fu
neral cards wero written ; and tho day
came; and the folks came; and tho
hour came ; but what do you think hap
pend? why tho clock had scarco dono
chappirg, (striking) twelve, which had
been the hour named in the cards, when
a hind knocking was heard within tho
coffin, and a voice, peremptory, and ill
pleased liko, came out of "it, saying.
'Twelve's chapit, and ye'ro no liftin."
Mr. Chalmers was himself too great a
humorist not to relish a joko so quickly
and cleverly contrived, and the ingeni
ous culprit felt that sho had accompfsjied
more than an escape. Let only lho6o
follow hor example who' can equal her
wit.
AVe do not pretend to know tho secrets
of tho ladies' toilette, but wo do know
that somehow or other, wdicn waiting for
a lady to accompany us nt an appointed
hour, wo have to wait a long timo while
sho "just slips on her things, and will bo
ready in a moment."
Whether it is our impatience for tho
return of her bright face, or whether it is
becauso wo know not tho mysteries of
just slipping on her things wlmtevor it
is, wo do know that the wear and tear of
patienco is terrible, and wo often wish
sho had said frankly: "Sir, I have to
hunt up my clonics, dress my hair, dust
my bonnet, laco my boots, select a collar,
cologne my handkerchief, and cannot
possibly bo ready under half an hour."
bo when the bell rings for breakfast.
dinner, tea, or recitations, somo one is
always a little tardy a littlo lato in ri
sing, dressing at meals, at church every
whero soino ono is behindhand. The
rest wait, and run, and call, and try to
aid her, and when at last she appears.
:i. ai.-i. ; ii .r r. , '
vuu vviou mux, in auuuion to an mat sno
has put on, sho had adorned herself with
one more garment of beauty tho habit
of being punctual. Wo Daughter at
Svhoolybu liev. John Todd.
Important from Mexico.
A letter from tho city of Mexico as
Into as tho 18th ultimo, published in tho
New York Freeman's Journal, contains
the following important intelligence:
Citt of Mexico, Nov. 18, 1853.
Intelligence has just reached here that
an American birque (name not given)
with one hundred and sixty filibusteros,
under a Captain Walker, had landed at