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Mil FE WEEKLY fiMMTE luipuit i u tu non: tur! la othixo SAMUEL M. YOST, EDITOR. SATTJRAY, DECEMBER 11, 1858. , , j TERM OF THE WTO. riTWUSlX ADYAAVM WllUOVt tJCÍl'TIOX 8UB8CRIPTI08. for lis niirnthi.,,, fr tfarMibitntbi for cuiia. . ... 1.50 ... 1.1 ... .W A0YERTI81NG. flnllBMrtloB per iqiara Itch inbtNiuvut liiMrtiuii,,.,..,, Tin IIuh or Itu ooDUitgte 'iii1l .1jM S" We bare several communications os band for publication which 11 be attended to at the earliest opportunity. 9ST General Wm. Pelham Intends leaving tb! citj on Mouday on a several mouths' leave uf absence to the States. He has, wo are uware, several matters of public interest con. neeted with bis office in view, which he desire, to pros to a consummation before tho Depart ments at Washington In person. It must be exceedingly gratifying to the General to know that bis course as Snrveyor General of the Territory has received tho full est approbation of the people of New Mexico, and that all his official acts as we understand is the fact have been approved by the Gov eminent at Washington. Gen. Pelhnm we believe profrBscs to understand thoroughly the duties of a Surveyor "General, and, consider ing the twenty-odd years of experience he ha, had in the position in Arkansas and New Mexico, thus enjoying the conDdenco of the Government and of the Democratic party for that length of time, he cannot but be peculiar ly well fitted for tho place he holds. 19 Gen. ltobcrt J. Cowart, tho newly appointed Indian agent, arrived here from the States on Monday cvsning last. We undented ho will not immediately go out to Fort Dcfianco, the seat of the Navajo agcicy, but will wait here for further communication from Washington. W The Legislature of the Territory met iu regular annual session in this city on Mon day last, and each House completed its organ ization on the following day. Tlic members were sworn in by Chief Jus tice Benedict. A vote of tbanks was tendered blm by tliá two Houses respectively. , In the Council Hon Lafayette Head, Sen ator from Taos, was unanimously cleted Presi dent on the first ballot, aud in the House Gen Jose Guadalupe Gallegos, Represeutative from San Miguel, was In liko manner eiectcd Speaker. Both gentlemen, upon entering upon the discharge of their duties, addressed their constituents in appropriate terms. Ou Wednesdnyat eleveno'clockllis Excell ency Governor Rcncher read his annual mess ago before the two Houses in joint session, Weere unable toattend on thcoccusion, and up to tho time of writing this have beeu so incessantly occupied that wo havo not found time to examine It. We hear it alluded to however as a very creditable paper. Tho two Houses stand adjourned until Monday morning, when they will doubtless commenoe the business of general legislation. t&. Cuptnin George McLane, U. S. A., pawed through Santa Fe Inst week directly from Fort Defiance in the Navajo country. Ho was on leave of absenco and en route for the Stales, 'fue Captain has been a proud, nent participaut in the Navajo war, and was wounded is one of the bottles with the Indians, ne was looking well, however, when here. KV Wo received this Sunday evening from Mr. Yost, tt Fort Defiance, later news from tho Navajo country. Hit letter la dated tho 3rd Instant, On the 2nd the Indians bronght in and delivered up, in accordance with tho tornis of the arniistioo, fifteen ani mals, which had been stolen from the garrison during tho hostilities. ' The armistice expires on the 20ih iimtant, The Indians woro daily coming into tho Fort, and " tho whole bur then of their song li fúr peace peace." A few days after the granting of the armistice the principal chiefs met in eouneil and eiectcd as their Head Chief a young warrior of wealth and intelligence named Herrera.' Since then they have ken busily engaged in hunting up animals required ty tho treaty basis to be restored. About the 1st instant a eoldicr 1 named Corbet, belonging to Co. G 8rd Infan try, shot anil killed a soldier of the same com pany. The pistol was fired at the sergeant of the guard, and, missing it aim, struck a man named Dounelly : ho bled to death in a few moments. .. A train of 100 wagons loaded with Governincntstores, under esoort of Cap tain Granger, arrived at the Fort on the 2nd. Snow was about a foot deep there, and was '6i.II falling. I', ; Sea adurriscraont of the Postmaster General on our first page. - ; GOVERNOR'S MESSAGE. - Gentlemen of tU Council and of the Home of RtpremtatiteH t. ,' i; ,'r- ,, .; , I am happy to meet, on this occasion, the Representatives of the people, called to gether as you have been from all part of the Territory, to cónsul! for the public good. In the few observations which I am about to submit to you, I shall oonfiae myself to such measures of legislation as appear to me most necessary aad proper. No doubt your more intimate knowledge of the country and Its wants will enable you to supply many others equally necessary aud important. ,- ! - There are many subjects upon which you have no power whatever to legislate,' but which aro, notwithstanding, of vital importance to the Territory.' ""These 'subjects belong exclusively te the powers and duties of the Federal Govetnmonü, and to which wo; must appeal for relief or redress of grievances. Suck subjects have been committed, into the haida of your Delegato in Congress; but who, however able and sealons he may be, will be greatly aided by resolutions and memorials from the Legislative. Assembly. To these subjects, therefore, I shall first invite yeur attention.;, t, .,v, j.-t , um'. ,,(,. o; i. ', , ,, . i .'. '-n-: t !mí, :;( i ,,j: i.i.i The subjeet of Indian depredations it one of prominent importan to the people Of the Territory. The wrongs which tkey bare suffered at the funds. ,of ' the Indians, ever since it was a Territory, have been enough to exhaust both tke energies and patience of any people upon earth. They have borne this long suffering with uhéx'ampled forbearanee. They have confided in the parental assuranoes of (tbe Federal Gouvernment, that as they wore forbidden by law to vindicate their own1 wrongs,1 the United States ' would previde for thoir indemnification. But up to this time the promise has been kept "only to the ear." By the Act of Congress, approved. íue 80th, 1834, 'the ,' United States guarantee to the injured party, "on eventual Womiii!ct'oni ' Provided, such "injured party shall not vielate any of the provisions of that act, oy ueking vr tttemptr "ingtovek private tatiifaction or revenge." The .people of the Territory lave been forbidden to redress their own wrongs, and have in consequence been promised on 'etien lual indemnification. They have, in many instances, been restrained from the lawful pursuit and re-capture of their own property, when taken by the Indians, from the fear of incurring tho displeasure of the Federal Government, and of forfeiting their claims upon it. But the re-capture of one's own property, when taken by the Indians, is not seeking or attempting to seek privato satisfaction or revenge.' It is not only a right, but is a duty which belongs te every man, and whioh the laws of the United States do not forbid. . I recommend, therefore, that the Logislative Assembly memorialise Congress in the most earnest manner, to eonstituto 6 Board of Commissioners to; adjudicato these claims for Indian depredations, with a view to that eventual' indemnification which has been so long promised by tho United States, but which they have never performed. Of not less importance to the Territory is the subjoot of privato land claims. While thero is so much uncertainty in land titles in the Territory,' with no suitable tribunal to investigate and decido upon them, there must be a standstill to the 'settlement, as well , to tho improvement of the country. As the law now stands, the Surveyor General is directed to report the facts to Congress with his opinion upon them., .But a Surveyor General is not appointed to office with any roforonoo to his knowledge of law, and is not supposed to have the legal learning so necessary to the investigation and decision of diffi cult land titles. Congress, thereforo, would not take the opinion' of the Surveyor Genera1 upon questions of law, nor would they be governed by his statement of facte, which, in tho absence of any solioitor on tke part of the United States, would necessarily be ex parte. 'The consequence would be, that most of the cases would remain for years', as the unfinished business of Congress, and would ultimately have, fo beseot back here for the in vestigation and decision of a Board of Commissioners. I, therefore, recommend that you memorialise Congress for the establishment of such aBoard at ones,, composed of able and experienced lawyers, having time and ability to investigate and decide upon land titles. A Board otherwise composed would be worse than1 worthless --oertainly iñach worse than the present systom, If thought advisable on the' score of economy, suoh a Board might be charged with the additional duty of deciding upon claims for Indian do. prcdalions.It could easily discharge both duties. ' 'J, .; ' " .V . .,' . . . -.IV ,.ft. .,.. The Secretary of the Interior, in his last annual report, recommended t geologic survey of this Territory. No small appropriation could be of more value to us. By dis closing the vast mineral resources of the Territory, men of capital and enterprise would be attracted to it. It is to be hoped therefore that the enlightened 8eoretary will again press the subject upon theattcntin of Congress. ' '"' ' ""' ' , ' j .t.'w'-till Irii. í 'I The great improvement made in some of our roads, under the skilful and efficient di rection of Capt. MoComb, and has been tke subject of gcn'oral admiratisn by all who have had oooasion to travel over them. Some of the most difficult mountain passes bave been rendered comparativcly'eafe and easy. The appropriation was a small one, and its bene fits of limited extent; but the improvement already made is an earnest of what might be done fur the Territory by a more liberal appropriation, expended under the supervision of so excellent an oefficr. Theso improvements, though . made ostensibly for military pur. poses, greatly facilitate intercourse and trade between the various parts of the country, and thus promoto, to some extent, all the elements of national prosperity. The subjeet hcrcfore, is recommended to tbs favourable consideration of tbe Legislative Assembly. In thus adverting to what has been done and it proposed tobe done by other Departments ofthflFederaiGovcrnmept,l8hould do injustice to the c-ccasien not to acknowledge the just and'liboral'policy, porsucdbythePostMastcrGcncral towards this remote Territory, in the great increase of our mail faeiltios during bis administration of the Post Offiee Depart ment. Theso mail facilities are not only a blessing to the civilised; but they are the ei vilizcr of tho Savago; and nothing eon contribute more to 'tame and snbdue the wild In. dian. and add safety to travel across tho plains, than the freqticnt and certain transmission of the Mail Stage. But may we not hail these mail facilities' not only as a present good but as the harbinger of future and still greater improvement, confident that the crack of the coach whip is to be followed, at no distantday, by the shrill aid animating whistle of tbo steam engine ' ' i. : .. ,, ' ' ' i, . , vr. ' !! .1 ill vj i ,i '' ... i You will pcrcieve, from the unfinished and exposed walls of the New Capitol and Pe nitentiary, that no appropiation for their eómplotíon' was' !jnade at the last session of Congress. I hope wo shall be more successful at the present one."1 Estimates, therefore, have been transmitted to the Secretary of tho Treasury,', wi'th.suoh argumeite'w iavor of an addition al appropriation as appeared to ' me just and proper. The delay in the eon struotion of these buildings is much to be'regrctted on many accounts. They are greatly exposed, and, in their unfinished state, are growing worsfevery day., Jhe Penitentiary is especially needed, from the unsafe condition :f most of our' Ojanty jails, f Indeed many of our criminal laws, in fixing a long term of imprsopibeni fot 1 the punishment 'of convicts, was no doubt framed with icferenco to the elenco, of such an institution. A long term of imprisonment in our oountyjails, where all are luddlcd together in idleness and vioo, does no good to the convict, orto the community, Geawily both are injured by it, If it is the good pleasure of the convict to remain k jail till tke'espiration of bis term of 'mprisonmcnt, ho generally comes out a worso man, .end tW community, is punishsd by having to pay a heavy bill of prison fecK Until the Penitentiary be finished, therefore, it is well worthy of consideration whether it wouli not be. better to substitute, in most eases a niorosummary and certain mode of punishment, In place of the long term of inn prisonment now. imposed by law. I am told that tl6 corpora punishment, inflicted for what are known as infamous offences, under the laU law establishing the county courts has had a salutary effect wherever it has gone lno,operation.'!'' I doubt not Its' extension to convictions for similar offenses in the Superior Courts, wonld ba equally salutary.; t. -id si te")) .it-t-liW.'.! wli-.i fn.!f,j., Upon my arrivaljhero, I found the Old Palace tíninhabitáble, Í and 'mueb of ! falling (oto rolos.' Upon representing these facts to' the Beeretary of lü Treasury, ' and re questing that he would allow me to apply 12,600 of tho Legislative fund to its repair, , U pcrsuance of tho law of 1852, be promptly made the order j and I bave made tbs repairs; which I bope may be satisfactory The HalJ of Representatives has been transferred to . - .gT v ! this end of the Palace, because more a)Hable for legislation; aid for the further reasoo that, according to the plan of the Aew Capitol wbeo finished, this end of the Old Palace is to bo removed for tke purpose of opening o street leading to it. This change will then produce no iacooveoicneeto the House of Representatives, as they will have been better provided for. The sum asked was not sufficient to complete the repair, but I doubt not the able Secretary, upon s further application, will authorise a sufficient amount for so just and proper a purpose. " ' Having thus disposjd of our Federal relations, I must now Invite your attention to ' subjects néarer borne, end which fall exclusively tho most important is the financial condition of the Territory. I submit herewith the Re4 portof tho Treasurer, and that of Auditor of public accouuts. From these reports, it appear, that the ámouní of warrants drawn npon the treasury, during the fiscal year ending tbe I5th of November 18SS, was in round numbers H,1 15, while the amount of cash received, for the same yenV, was t8,lQ1 ;' making a surplus of receipts over expenditures for the year of 13,054. The public debt, outstanding at the commencement of the year, was $9,872, From this sum deduct 93,054, the amount of receipts over expenditures for tbe year, and tt will leave a balance of 16,818, being the debt of the Territory outstanding on the 15th. day of November 1858. The amount of cash received, for the fiscal year ending the 16th, of November 1857, was 11,664. But a portion of the revenue accruing during that year was not paid in consequence of the default of certain collectors, aud was paid during the las fiscal year, and appears in the amount uf receipts for that yeur. So that, in fact, there was noincreaseof revenue during the last fiscal year, and therefore no increase of revenue under' the late revenuelaw. It appear that the expenditures were diminished during the last year to the amount of $3,064. Ibis bas arisen, in part, from the repeal of the law relative to tbe territorial pribon, and partly from tbe failure to hold courts ef justice in some parts of the Territory, and from my inability to obtain suitable prosecuting attorneys, in pnsequence of the great depreciation of territorial warrants. I must, therefore, call your attention again to the necessity of raising additional revenue from some quarter. Society can not exist without Government, and the machinery of government can not be kept In motion witln out expense. Good governments do no' come to ns like the dews of heaven, without money and without price. If we would have our lives and our property protected, we must pay some little to support the Government which does it. The tax thus laid for the support of.' Government should be as light as possible, and paid by all alike, according to. the amount of property oAed by each. To Impose the whole burthen of taxation upon a few for the common benefit of all, would be unjust and anli-repnblican. I, therefore, commend the re. port of the auditor, upon this subject, to the1 favorable consideration of the Legislative. Assembly. y .; -,t ;;.,, ; . The public debt of tho Territory ú very small. It docs not equal the revenue of a single year; and yet it so happens, that most of those wko hold Territorial warrants must lose one half their amount to get tbe other half in cash.' Many of these-warrants bave been outstanding for years, because the holders were not willing to make such a sacrifice, and in the hope that the Territory would soon redeem them in good faith. - If thereforo the Legislative Assembly is notable to provide means for paying the whole debt as fast as it is presented, I recommend that provision be made for paying all warrants, both Territori al and County, at the Treasury of each, according to their date. This would be both' just and proper. It would not then bo necessary for your honest creditor to sacrifice his warrant. If you could not pay bun this year, be would be certain of it next, and would, wait with patience. As it now is, be may wait half his life time-,, aad still hare to sacrifice bis warrant; and this too when the whole debt of the Territory boot one year's revenue. This injustice done to your public creditor callo loudly on you lor redress. If you can not do him full justice, in God's name do it as near as you can. Is you can not piy him this year, give him tho assuranoe that it shall be done the next. .. The office of Attorney General, and those of the two Circuit Attorneys are all vacant I have not been able to obtain any suitable and competent lawyers toxoid these appoint ments in consequence, no doubt, of the small remuneration attached to them. The salaries though nominally sufficient, have bocn rendered inadequte by tke grcatt depreciation of Territorial warrants. A provision of law, similar to tbe one above recommended, would doubtless bring them at onee te par value, or nearly so, and the appoitiuents would tfien Be more acceptable. But it is not necossary that these appointments sbouldi be imseparatt hands, and it would be better'to blend them P""n: o lalarj. would them be desirable, and enable tho Governor to appoint to the office of Attorney Generala.gf tlcman of talents and integrity equal to its responsible and important duties. In my last annual message, I full it my unpleasant duty to animadvert upon. the. mui tilated condition of our judicial system. Under a construction given to a law of Congress,, courts of justice were hold at only three points throughout this extensive Territory, and, two thirds of the oounties were deprived of courts altogether. The injustice and hardship of such a system were too great for induranoe, and npon a representation of it to congrossH courts have been authorised to be holdcn as heretofore, in all the counties. For some; years past, tho Territory has suffered from this derangement in her judicial system. For -two or three years, we have been comparatively without courts; and lor the last year, bufe for our learned and indefatigable Chief Justice, we should have been altogether without Judges. In many parts of the Territory, the people have been loft to themselves, and it is a pleasing ovidence of their law-abiding and orderly character, that there has not been more violence and disorder. I am happy therefore to be able to announce to you the improvements that have been made in our judicial system. Courts have been restored t0t alljthe oounties, and Judges appointed to hold them. I suggest, thereforo, if itbe considered necssary, that provision be made be law for remandiug all eausos, now in the District Courts, to tbe counties to whioh they properly belong, so thatthey may be ready for trial, at the next term of the court, t i . . "Inconsequence of the restoration of the Circuit Courts to all tbe counties of the Territory, it may be thought advisable to remodel the law establishing the County Courts. In a free government like ours, I consider county courts a valiable .institution ; but in tbe finanoial condition of the Territory ,and most of the oounties, the expense of two jury courts may be thought too burthensome. If so, I recommend that the jury be dispensed with, and that the court remain as a Court of Probate and Registration, holding and ex.. ercising all the powers heretofore held and exercised by the J edge of irobate. , Without, adding to the expeneo of the court of probate, this wonld add greatly to tts value and ef ficiency. The powers exercised by the Judge of Probate, are among the most sacred and important that belong to us asa community. They effect the interest . both, of the liv ing and of the dead, and the order, improvement, and charaoter of the county, and of ou? county towns, depend mainly on the manner In which tho Court of Probate exercises its. various and Important powers. , i.. '-. , .r .' I have only one other suggestion, and I am dono. Tbe best of laws are made to little purpose unless there is sufficient virtue and integrity In the community to sec that they are exeouted. Legei tim monoid muí vani was the sentimen of a great statesman of antiquity Indeed, laws however good in themselves, if allowed to be constantly and openly violated with impunity become worse than useless, beosuse they often lead to tho iohv tion of other laws.undcrthe hope anabelicf that they too are made to be violated. If there lore you find upon the statue book, laws which you believe to be good, but which you know to be habitually violated; you Bhould add such penalties to tbe violation of tbe law, and inflic: such punishment upon unfaithful publio offioers, ss will Insure, if possible the exe cution of the law. But if, after all sooiety is so demoralised, and sworn public officers s wanting in integrity, that the law can not be intbrccd and the vico suppressed, it would be better to repeal the law altogether, and not allow onrtelvrs lo te guilty of the double shame of tolerating both tbo vies, and the open violation of the law which was wisely but vainlj intended for its Suppression.. ,.,;, ,, - ' ' : ' ' '.,,':" !) i;. :' '"(-; .) In conclusion let us invoke the guidianoe of that Divine Being, who holds in hi hands the destiny of nations, that he would bring all our labours for tbe public good, to a happy and successful termination.' A. BENCHER. v under your own jurisdiction. Among theso