The New York Herald Newspaper, January 16, 1849, Page 1

NO. 5339. THE NEW YORK HERALD. MORNING EDITION----TUESDAY, JANUARY 16, Interesti Account of the Gold Region. [Correapo: 3 of the New Orleans Crescent Monterey, California, Aug. 26, 1848. Atlast, my gear brother, 1 can tell you of some- thing wonderful in this hitherto uninteresting ser- vice. tened an unbeliver to all the gold-dig- rs’ steries ot those who have been dropping in rom the Placer, these last three or four months, uniil the Governor and Sherman returned; and even then, when the Colonel brought home hand- fuls of the pure{metal, which had been given to him as specimens, and remarked to me, “ Yes, it is all true, and the most remarkable part of it is that it is not exaggerated,” I could not, or rather did not want to believe that an El Dorado had at last been found; and as Captain Smith, of the Dragoons, had just arrived from Los Angeles, to pay us a visit at my invitation, and to look at this upper country, I asked the Colonel to let me go with him to the mines, that we too might see. We left this en the 2lst., and as the plains and mountains are rather dry and uninteresting now, we got over them as soon as convenient, passing, every few miles, carts, wagons and families, foot and horsemen, all bound to the Placer. We found the farm-houses and villages almost deserted ; and at the cabins where we stop- ped for meals, we heard only of the gold! The women would, after a little talk, go to their chests and bring out their bags, to show what fine large pieces the menhad got for them. At San Jose, or the Pueblo, as they call it here, we found most of the houses shut up, and their owners gone too—— one or two carts in the atreets, and these were be- ang got ready for the journey up. ‘ | dos agreeably surprised to find San Francisco a pretty httle Yankee looking town, though we had to wade throvgh two or three miles of sand hills, against a stiff nor’wester, just. before reach- ingit. They have made the best of a bad site, on the side of a pretty steep hill, and hemmed in by high sand hills. They have stuck a board house under the lee of every sand bank or clump of bushes, and you cannot buy a hill there now for any tee They boast quite a good looking hotel, and talk of the mint, bank, market-house, and navy-yard, that will be, with quite a serious look, rather amusing to a stranger who has not. seen the Placer; but if he ne fren 1n at some of the half dozen stores strung along the water-side, and sees some of the rough looking countrymen, who may have just arrived from the mines— (how very polite the store-keepers are to them now!)— the fellow takes out hie buckskin purse, a foot Jong, and shakes half a dozen pounds or so of gold into the scales, to pay for his truck, with as much coolness as if it were sand. “What's the news from the mines ?’ says one—‘“‘any sickness there yet?” ‘No, not much ; they have all nearly gone up to the dry diggings, and ’tis healthier up thar.” “fs it pretty ric! ie there?’ “Oh, yes!” You wonder why the fellow came away; 80, to find out if he was unlucky, you ask, “‘About how much did you get out Y? “About two or three thousand dollars!” “And how lon: erence digging ?” “About twelve days in all, but I didn’t dig steady ; Iwas on the river two or three days examining.” “Why did you come away?” ‘ Oh, I eame down to buy goods, and I am going back to trade.” You next wonder why all you saw at dinaer that day didn’t go right off to the mines ; but they were merchants and merchants’ clerks, and the mer- chants have averaged sales of two or three thou- sand dollars daily, making about three hundred er cent on cost ; and the merchants’ clerks get at least $300 per month. Why, the negro cook at the hotel gets $200 per month, and is going to leave next month for tne mines! After seeing and hearing all this, one begins to think the place must grow. iy There were about eight or ten vessels in port when [ was there, all empty but two whalers. They had made prompt and profitable sales, but they all grumble feoate the Governor will not take the gold for duties at more than $10 the ounce, and there 1s no meney inthe market. The acting collector, a young officer who 18 tull of business, for he is the quarter-master, tells you that he has forty thousand dollars already paid in gold, and he don’t not know where the devil the money is to come from to redeemit! After looking around thus and listening to some of the stories of gold or trade, we.could hear of no launch going up that day, and so adjourned to dinner, where we sat down with some twenty well-dressed and happy- looking civiliane; and before dinner was over every man had one or more bottles of champagne before him. They were all getting rich; and could afford it; but it took three days of mypay. ‘Hur- rah! hurrah !” cried out half a dozen, as ene tall dry-looking genius, straightened about seven feet ot his humanity, ‘‘a toast, a toast from the Judge!” “Do you know the Judge !” said one to me; “he is atrump, ain’t he? Of course, I knew him, and anewered, “isn’t he?” ‘ Gentlemen,” said the Judge, I’m going to give a sentiment, can’t make aspeech, never could, but even Dr. Leatherbelly here,” and he slapped another seven footer on the shoulder, who swallowed a large mouthful and the nick-name with rather a wry face, “even Dr. Leatherbelly, with all his preaching, must ackaow- ledge the truth of my sentiment—that we are all here to make money!” A general roar acknow- ledged the tall chap a good judge of other men’s Amtentions. ; - Me rode to the Presidio, or remains of the old fort and barracks; but so bleak are the winds, and so exposed to their fury are the old adobe walls, that only two sides of the Presidio square remain standing, and they were ina miserable condition when the company of volunteers took up their quarters there. ‘They are now roofed and ceiled inside. The fort shows the remains of a low walled demi-lune, on what might be rendered an almost inaccessible litle promontory. Nota gun is there now, and nothing done yet in the way ot fortitymg the bay; and I am afraid that now the gold at the Placer will attract all labor from public and other work 1n its vicinity for some years to come, except they payin proportion. The volun- teers had as much work as suited them, in putting their quarters in order; and those who did not de- sert, deserve great credit for remaining at their post at all, with such discomfort and bad pay. But they did not intend waiting more than a month longer for the peace. ms On the third dav the town had lost its novelty, for 1t was cold and no fire to be had. We began to criticise the cooking—want of ladies—the bleak wind and the sand—the wholesoul eagerness with which every man, woman and child in this place appeared to pursue gold. We were glad when the launch-owner could not find another bale to send up in his boat. So we were off, the tide making, and the wind blowing a gale almost, after we got round the point; and in a few hours our little craft witn the ci-devant Mormon Jeader as owner and master, some half-dozen runaway sailors and a grogshop-keeper or two as fellow-passengers, had entered the narrows at the head of the bay ; and evening found us in the mouth of the river— marshes and musketoes on either side—where we waited till day, and then found a broad, pretty and quiet stream, up which we sailed some sixty miles, to Sutter’s landing, passing a few bound up. This is the only long navigable and important river in this western acquisition of Uncle Sam’s. Steam- ers will in a year be running many leagues above the mouth of Feather River, whieh 18 some dis- tance above Sutter's. We found here half-a-dozen Jaunches, a tew wagons and a motley set ot vaga- bonds (whites, Indians, negroes, kanakas, Chinese and Chilenos). We walked with the late Mor- mon, vow thriving merchant, over a dusty three milesto Sutter’s Fort, which stands out from the bank of the river, on the open plain, and on ground so low that it is almost an island during the winter floods. The captain, a Swiss gentleman of the old school, we found surrounded by his decently clad Indians. We call them his, because he had fed, raised and clothed them, and treats them so well thai none can seduee them from his service. He received us with great politeness, and, as he had not horses himself, put us in the way of get- ting them from Mr. Sinclair, his nearest and best neighbor—one of the few disinterested gentlemen we met in the mining regions. By sunset, our horses were ready, and we were off, fora night’s ride to the lower, or Mormon diggings—so called from the Mormons, who discovered it. Bnt it was cold, and we could not see the road—so we stopped and took come sleep, and the next morning rode down the hill to the bank of the American fork, which here makes a rapid between twe rocky hills and has deposited an island of an acre or so 0! sand and gravel among some rocks, which ob- structed the way. It was like acamp meeting— plenty of booths and brush shanties lined the river bank; and, upon riding over the rough stones and ravel bank of the Island—which we did with ifficultv, for it was full of newly-dug pits and piles of stone—to reach the creek, now quite low and retired to the main channel, we saw, for the first time, the gold washera at work. There were ranged along the edges of the stream at least a dozen washer machines, which are just like baby’cradies, made ot wood, only open at the foot, and with rounded or cylindrical bot- toms, and a few brackets tacked acroes the bottom 5 a 4 at intervals of afoot oro. They are set in or at the edge of the water on rockers, with a slope down stream; one man brings the earth or rave], which is cleaned of the big stones, and throws it on the head or top of the cradle, which is formed of bars or a course seive of sheet iron or copper, and another man stands at the head of the cradle in the water, which he dips up and dashes on the gravel or dirt as it is lett on the grate—the earth, by this party, was taken from within a foot ot the surtace—while a third rocks the cradle, and thus keeping a stream of water passing through it in continual rolling from side to side, and very muddy, with the clayey and earthy matter washed out. The heavy sand and heavier gold, all catch- es or lodges above the brackets. After the party has washed its morning’s work of three or four hours, several pounds of this black iron, or magne- tic sand, mingled with gold, are scraped from above the two or three upper brackets, most of the sand is then washed out by the hand in a tin pan, by helding the pan inc'ined just below the surface of the water, Buriag the whole up, and stirring the water an it mingles with the sand, out at the lower edge of the basin, keeping one side below the stream all the while, to let in clean water, and take out more sand. The weight of the gold keeps it allthe while at the lowest point of the basin, end it eeems hard to wash or shake it out. We looked on in wonder and astonishment for an hour, to see by what a simple process men were all around us getting rich =Winy, we learned iton sight. The men told us they had been working since early that morning—it was about 9 0’clock— they then scraped the results of their wash, in sand and gold, from the bottom of their cradle, in a few minutes washed the balance of the sand out, and one of them held up the pan and ‘guessed” there were seven or eight ounces in it, or nearly two ounces foreach man. They told us they gavetwo ounces for their machine, to a man, who, lke many others, was not satisfied with the jower diggings, but had gone higher up, to the drv dig- gings, or prespecting. We then passed down stream to some other parties, and watched them rock their cradles awhile. They worked all alike, with about the same luck, eccasionally finding a pocket or crevice in the rock, as they call it, where the gold and sand are dug out in handsfull, in about equal proportions, but these they said were scarce. e next went up over the stony surface of the island, to see how the golden deposit lay. Here and there a few were picking in the gravel, say a few feet below the surface, throwing out by hand the big stones, and shoveling the lesser gravel into buckets, which were carried off to the cradle. The bed of gravel had been made by a spread or widening in the river bottom, and some large rocks and boulders had caught the sand and gravel brought down to this quieter water by the winter torrents from above. It was from four to ten feet before the diggers struck the gramite rock that formed the river’s bed, and on this was found the richest earth. In the middle or highest part of the bank, they would have to dig 10 or 11 feet to reach the bottom, and two or three, or may be more feet, would be surface gravel with little or nothing in tt, after which the gold strata would be poor till they had got deep, and not yield more than two ounces per day per man; and then, thev said, a man might count en a hundred dollars a day at the bottom of his pit er hole. This is a larger deposit than common, and has been dug full of pits and banks, but at the time of our visit not more than three hundred persons were left at this island. Every one had left for the up- per mines. We had satisfied our curiosity here, and wanted to reach the mill, or first discovery, that dav. The road led ua through a hilly coun- try—hills getting higher, oaks scarcer, more slate and soapstone, with dry ravines and occasional pine groves. We found, as heretofore, every few miles where there was a spring or patch of grass, camp fires and wagons, families of Mormons, or o! the roving race that have wended westward for the last generation, at length turned east again, and perfectly contented with their luck at last.— With some of them I had spent the evening chat- ting over their gains, prospects, etc., in the newly established city on the shores of the Salt Lake, which will afford them a quiet roof and rest from their wandering. There met, on several occasions, men who had gold enough. We found the mill, as *tis called, pant a settlement—some eight stores, in log, board, or bush shanties, and several hun- dred persons digging and washing along the banks. A piece of ten acres, or so, has been penned off for Capt. Sutter, whose enterprising efforts to civilize this wilderness led to the discovery. He was having a race opened for a saw mill amongthe hills, and his workmen found the gold, washed and sent it down tohim. It wastoo peculiar not to be soon Teeogmized, Tey tried to keep the matter secret, but too many knew it, and in three months from that time that wilderness of hilla—among which none but Sutter’s men and Indians ever ventured alone for fear of the wild Indians—was now fast being set- tled ; and the grisly bears, wolves and jackals, lis- tened in astonishment to the frying ans hissing, babies crying, cow;bellstinkling, an Toye Kicking upa shindy among. the wagons—and there was no place left then for themto goto. The climate high up the hills, though exceedingly warm in summer, is tolerably healthy, and on the river banks am grassy glades now and then to be met with, towns are locating, log-cabins already building, and Un- cle Sam’s land gales anticipated before we have even a right by treaty to territory acknowledged to belong to snoiher goyernment. We left the saw-mill, and found by going up 1 that the hill above it wes a pretty high one, an following the windings of the road round the hills which were fast rising into mountains, we rode about noon into a ravine betveen two pretty high hills, which in winter holds suits atorrent. Par- ties of men were scattered along this canada like ants. Itbeig late and very hot, but few were working. We passed on to another canada beyond, where the Californians had principally congregat- ed, and it being Sunday, were lounging or gam- bling, and the Indians, their laborers, ditto—dressed ala Adam—and a miserable, brutish race they are, hardly know the use of fire to prepare their food, many of them livng upon grass, seeds, and acorns —in the slightest little brush dens which it could be supposed would shelter es of mortality, and clothing themselves against the winter’s snows and summer’s heat, which are here severe, with no- thing. The water in this gully was dried up, with the exception of afew pools and holes. I asked one of the Californians to let us satiefy our curiosity by washing a little of his earth, which lay at the edge of aemall pond or pool, and which he had brought from ‘the gully a little higher up, where it was found quite nch. He, of course, assented, and led us the way to his cradle. He brought the earth in an Indian basket, holding a little less than apeck, amd as he threw the earth on the cradle top, Ida on the water, and Capt. S. rocked the cradle, We worked away with spirit, attracting several spectators, who laughed at our undignified eition—but ’twas our first essay in making money by our own labor, and [entered into it with zeal end great interest at the result. After about fifteen minutes dashing water, during which I got a goed soaking below, and splashed allin my vicinity, I got tired, and cried hold off. Our friend, the Calt- fornian, as Gp to see the result as ourselves, himeelf scraped out the black sand and gold, and several gathered around him to see how much there was. He was kind enough to show usthe gold when he had cleaned it, and the guesses as to its quantity varied from half to two ounces. There was proba- bly more than an ounce of pure gold taken from the earth, agit had been hauled from the hill-side, in less than half an hour; and ina second visit which Ihad occasion to make, and in which I learned more of the difficulties and profits of gold hunti I was sa- tisfied that in many, perhaps hundreds of canadas like this, several miles long, the earth 18 rich to excess, and will give many years work to from twenty to fifty thousand hands, who can each reckon upon two ounces of pure gold per day while washing. To fasten this conviction upon any any one 1n this country is not difficult now— it was some months since—but gold has fallen frem sixteen dollars the ounce to eight; and several at the mines were selling, from necessity, for six dollars the ounce. ‘ I rode from one end to the other of the main valley, in the dry diggings, and questioned almost every man there, and they all, without a single exception, were then making from two ounces to two hundred dollars per day, when they chose to work. Many had shanties with trinkets, blankets, and calicoes tor the Indians, and comforts ‘and necessaries for the whites I think, at least two thousand whites, including Californians, were on the dry diggings ot the American Fork, and one thousand on the river, in different parts, washing. There cannot be less than two thousand on the Yuba, the north fork of the American, and on Feather river; on all of which the washings bring the finest gold, and in greet abundance, at almost every deposit in the bed of tue river; and it 18 a fact, which only the daily ocular proof I had con- vineed me of, that for many miles of wildand dreary space, watered by nearly all the eastern tributaries of the Sacramento, a traveller can get off his horse in the bed of any mountain stream, where the hills on either side are of gravelly red clay, and the slate creeps out in the bed of the gully, and there, in an hour’s washing, he 1s sure to get some gold, tometimes a vial, sometimes two, thiee, or ten doll But the gold 1s scattered in all the rth, halle of elay and slatey formation, and the geologi- cal teatures of the country, I am told by those most intimate with them, are near! from Dyes’ place, lat. 40 deg. to the the same ‘otcumenes, about lat. 37 deg., and from the commencement of the biils 30 miles from the river, to the big or main range of the Snowy Mountain, about eight miles further east. Gola has been found abundant enongh to attract the laziest sceptic in a large part ot this district, and without any enthusiasm, which, by the way, has not formed part of my system since I came round Cape Horn to gain glory fighting Mexicans, I think the Califormias— for gold is found in both—under the enterprising, gold-loving Yankees, will export from six to ten muillrons of gold annually, in less than ten years. It was estimated by the most intelligent, that over two hundred thousand dollars hud been takea out when J was there, three months atter it, was made public, and by the small vagrant and vaga- bend population of California. Three-fourths of the men I saw working in the dry diggings were either runaway sailors or soldiers, or men who had left heme suddenly, and might be called a drinking, fighting, but not a working population. I will not repeat any of the hundred stories I heard of men who had found many pounds in a day, and others getting into rich spots and killing their horses, rather than risk being tollowed back, and bringing out arobas of goid, j but on my se- cond trip up the mines, I was riding down the main dry digging, and a teamster, who had stop- ped his team, and stood looking with whip in hand, ata chap bury picking at a niche or pocket in the rock, calied out to me, * Just come here, Captain, and ‘ook at this man picking out the gold!’ Iturned my horse to the spot, and, sure enough, he was picking out of the crevice in the slate across which the water had pitched in winter to a bed come few feet below, the gold and earth in lumps, and had his lett hand full, when I saw him. Imean he was picking it out of an open hole in the rock, as fust as you can pick the kernet out of a lot of well cracked shel! barks. I have since seen the teamster in town; he is back here after his tamily, and for supplies, and he tells me that in less than half an hour the man got between five and 1x ounces of pure gold; they told me also that this was no very extraordinary picking. _ lam cut short in my description by a fair wind and the unexpected departure of Lieut. Leeser, an old, well-tried chum of mine, with despatches. I have not time to copy these hasty sketches. I 1n- tended to complete an account of our trip, which towards the last, give me an idea of the wild and rich plains of the Sacramento—when I saw the grisly bears within a tew miles of a well travelled Toad, hundreds of elk and antelopes, which, wild as they are, have not had time to get out of we way of the tide of gold-hunters rolling over the plains. 1 expect to have a strange time of it here. Forts without soldiers—ordnance without men enough to guard them—towns without men—country with- out government, laws or legislators—and, what’s more, no one iarered to stop to make them; and a soit of colonial territory of the United States, without even a communication with the home overnment for nearly two years, or with the navy or many months. The officers of the army here could have ggized the 1 ge amount of funds in their handelevied heavily on the country, and been living comtortably in New York forthe last year, and nota soul at Washington be the wiser or worse for it. Indeed, such is the ease with which power can go unchecked and unpunished in this region, that it will be hard tor the officers of government to resist temptation; for a salary here is certain poverty and debt, unless one mukes up by the big haule—the merest negro can make more than our present Governor, Colonel Mason, receives in toto. The Gold Fever. THE MIGRATING PARTIES. We have nothing of interest connected with the California emigration to record; the pro- ceedings of the adventurers having been slight- ly retarded by the inclemency of the wea- ther. Owing to the same cause, a number of vessele, in readiness to depart, were forced to defer their sailing until to-day. The bark Croton, for San Francisco, ready tor sea, has the following named persons en board :— A. Goodheart, H. Curry, W. E. Holecter, J. H Green, jr., W. G. Blano, W. Dutch, D. 0. Sterman, W. Browers, D. McDaniel, A. W. Eames, R. Cooper. A. C. Eames, B. Miller. J. Hall, A. Van Wyck, T. Hutchings, A. W. Knapp. G. Sailea, J, R, Jobnion, Geo, Trembly, © Mallerby, E. W. Anson, A. D. Fitch, — Hutobinson, Jas. Thomas, A. W. Bingham, J Jerome, E_ Thomas, M. 8. Smith, George A. Morrell, W.M. Tuoker, J. Schoomaker, H Schoomaker, J. K’ Underhill, J. Knox, ‘A. D. Johnson. J. D, Rumar, C. King, H. Hughes, J. K. Page, N. Rochester, J. Fox, C. Fox, J. Savage, — Knight.’ A. Merrifield, H. W. Chittenden, Jas. Wiloox, T. R. Porter, J. Sa.e, R Savage, B. Black, J. Russell, W. Hammersley, E Hubbard The Tarolinta, which left on Saturday, took out Chas. Brooks, Wm. Cox, John H. Cornell, Rendall, J. Pow- ers, W. Oscar Smith, W. P. Poynter, Isaac Ranelyea, James H. Thorp.E. H. Troax, Thompson, A C, Mun- son, Milne, J. D. Groat, Vall, Amasa Stevenson, E. Franklin, P, S. Hawleey, J. W. Sterling, D. Sterling, R. H. Sterling, G. W. Wheeler, J. C. Barr, Wm. Bart, A’ Schell. Samuel Stevenson, R. Jenkins, 7. C. Knorr, ‘W.B. Knorr, G. Quackenbush, J. V. D. H. Noyre, D Livingston, F. Livingston, C. N, Burroughs, G. W. Bryant, Tarboss, W. 8. Ford, R. Hoekman, Caleb Lyon, J, Winchester, J. Munsell, J. P Lawrence, C. Smith, §. W. Lowere. N. Miller. J. M. Bunce, M' sell, D. Norrross, J. M. Devoe, A. Hubbell, 8 ron, J. B. Lock, 8. C. MoNevin, C hay Depeyster, 8. Nelson, J. Richards, Howell, B. Hempeted, P. Hunt, G. G, Seymour, G Gilbert. |. Wentworth, P. E, Cinisnt, R. BD. Cock, J. Hunt, T. Southard, T. Tucker, W. D. Thorp, F. Jerome, . i J. C. Smith, and bine of the New York Mining Company. In the Steerage.—W. Tharkey, 8. P. Stevenson, J. Monshan, A P. Demitt, W. G. Blackett, 8. Gibbs. A. Bewing, H. 1. Pearson, F. Rowley, C. 8. Ward, W.S O'Brien, P. F. Ryder, D. N, Ryder, T. L, Pegi. T. A. Haggen, W. G Hogebeom, M. Conrad. J w. Coddington, J.J. Coddington, J. Newmsn, J Leun- dergan, J.P. Austin. R. Keeler. P. L. Howe, W. Pros- rer. J. J.Short, MW Short, G.W. Dodd, —— Hyatt, H. F. Cox, G.W. Cox, D. B. Cook, E, Hyatt, M. Bald: wip, and three servants. ‘The bark Orb, of Salem, has been bought by a com- peny in Boston, for a California voyage. From the Corpus Christi Star, Dee. 16.] . Matthews, of Travis county. advertises that “all persons who are d iy California can baves chance of uniting with acom- pany which is organizing in the vicinity of the olty of Austin. The company intend starting for California about the first of next February. It is thought advisa- ble to travel up the valley of the Rio Grande to El Paso, and from that point to pursue the most direct route that is practicable to San Diegoen the Pacific, and from thence north along the ehore of the Pacific to San Francisco Bay, the place of destination,” [From the Washington Union, Jan. 14.] It is insinuated in rome of the papers first. that the government has received late and important intelligence as regerds the gold n of California, which it has kept back from the public; seoond, that it had thie in- telligence as early as Iset’ summer, and suppi it. Both suggestions are entirely unfounded in fact. The government did not receive thin intelligence, as re- gards the gold region of California, last summer, nor until within a few days before the meeting of Congress, when it was allfully communicated and made public, as havalso been published everything of the least im- portance received by the government since that date, including the assays made at the Mint. That this Tegion in of most extraordinary richness, especially in gold, cannot be doubted, and is fully set forth in the public dcouments to Congress, as well as th Lo HMebed tinee that date, and presents inducements of the bigbeet character for ‘emigration to that region. The oniy officers or age sent there by the govern- ment, are the military and naval officers as required by law, and the postmasters and post office agents rent by the Postwaster General in obedience to the require- mente of the law. The Treasury Department has sent neither officers nor agents to California. The confidential clerk of the Secretary of the Trea- sury is still here, and has no idea of going to Califor- nia. Mr J, Rese Brown, who was once @ clerk of the Treasury Department. but who is now « lieutenant in the revenue service, has gone to Oregon, but not to California, He goes to join Captain Frarer, who sailed for Ore; ip the revenue cutier Lawrence, before enything was known here of the gold of Califor Lieutenant Brown was despatched with inetru to overtake ( John derert ; an proceed to Orego: a. ‘We can arsure the public that the government has upiformly publicbed ail important intelligence as re- gerds the mines and gold of California, ax they were received, and will continue to doso, The Seoretar, of War in particular, by whom the principal intelii- gence was received, bas not only always published it promptly, but ke also had the min P as. seyed at the Mint, and the assays published, which was the first cfiicial and certaim evidence given to the public of the immense and incalculable mineral wealth existing in California. [From the Phila, Ledger, Jan. 15.] The galiant bark Feytona, with her valuable cargo and ad uroUr parrengere, (Including Me ander Cempbell, Daniel 8. Roberts, and J #, of this city.) cleared this mor: , Wind and weather permitting, will to day eail for ber far remote destination, She ja @ nobie and fast railing ebip, and bee charge of ae bi and whole- souled a ret of fellows as ever paced adeck. Inall Hncerity we with them a epeedy passage, and on their arrival at the gold region, any amount ot good luok, We regret to learn that im some of the vessels adver- tised for San Francisco, a quantity of gambling im- plements have heen provided for the entertainment of passengers during the vo! ee by some uoprincipled fellows who hope to ich harvest from those who y them h alth Faro boards, e eat clothe. and other apperatus of like nature, have been provided in great abundance by wretches such as we have mentioned. end we fear that in sowe instances, the officers of the a on board which they are rent. are cognizant of their eharaoter, If this be not 20. we advise them all to institute a rigid search for such articles, and, at all costs. give full aud fair notice to allwho may embark with them, that gaming of no dercription will be tolerated for s single ™ during the trip. There are ample means of Pastime and agreeable recreation always at hand. with- out resorting to cards or dice an indulgence in which is invariably attended with disastrous results. from the St. Louis Republican, Jan 6) ‘We have been shown a pound of gold oales, or small particles. It is in the possession of Needham & Fer- guson. on Pine strect, and was obtained in the Cali- fornia mines by a Mormon. A portion of the same has been sent to the Mint at New Orleans, to be assayed, The result has not yet been received. Sr. Lours, Jan. 4, 1849. Intellegence from the Plains—Severe Weather, &c. The present winter has been more intensely cold throughout the greater portion of the West than, perhaps, was ever before experienced for the same length of time. The people of the extreme front tier have suffered much—the openness of the coun- try giving to the unusual intensity of the cold, a degree of potency that would not be felt in a dis trict of country protected by hills. The great plains beyond the western boundary of Missouri are cov- ered with snow for thousands of miles, presenting an inconceivably dreary appearance, and rendering travelling over them hazardous in the extreme. At Fort Leavenworth, on the 27th ult., anid thence westward and north, as far as heard trom, the snow was two feet deep on a level. I mentioned, in a tormer letter, that Brewn, Waldo, and others, who had contracted to transport munitions for government, between New Mexico and Leavenworth, had lost many teams from cold. It now seems that their loss in cattle is not less than sixteem hundred head! A small party of team- sters arrived at the Fort on the 27th ult. They stated that the Santa Fe trace, as far as the Arkan- sas, was lined with dead cattle, and that one of their companione, a teameter, had algo perished. This party met Lieut. Beall, and his raw escort, Pepona the Areknene, patting along pretty well. ir. Fullwood arrived at Leavenworth on the 26th ult., from Fort Childs on the Platte. The weather was 80 severe, that he was compelled to send back his escort at Fort eaRny, and come on with a teamster only. At Fort Childs, everything was going on smoothly, and the officers and men en- Joying excellent sport at buffalo hunting. At Fort Leavenworth, wolf hunting seems to be the order of the day, the cold weather having driven these animals from the plains to the pro- tected eountry, and hunger rendered them regard- less of danger. We have nothing local here of importance. No cholera as yet, saving such cases as arrive from New Orleans. A. Asay, Jan. 13, 1849. Commumication from the Commissioners on Prac- tice and Pleadings — Proposed Re-examiation into the Causes of the Fuslure of the Canal Bank, Sc. $e. I transmit to you herewith a communication re- ceived by the Senate to-day from the Commussion- ers on Practice and Pleadings, in reply to a reso- lution ot inquiry airected to them by the Senate. This communication possesses peculiar interest to the bar of this State, and I have, therefore, copied the whole ot it. I mentioned in my correspon- dence, before the meeting of the Legislature, that the views of the two boards of legal Commission- ers were conflicting in regard to the creation and application of certain rules of practice in the courts. The Commissioners, Iunderstand, differ in their views upon many very essential points; and,as I have already mentioned, the report to be submitted by the Commissioners of the Code will obstrzect and embarrass the operation of the code of procedure. It will even have the effect, in cage it is adopted, to annul many of the.im- portant provisions of the code of procedure. A few days since, Mr. Fuller, being in his place in the Senate, remaiked that the views of the Com- missioners of the Code did not harmonize with those of the other board. Iam apprehensive that the reformatory experiment will fail, at present, though it 18 manifest that a greater degree of sim- plicity should be observed in the administration of the law than 1s now observed in our tribunals. . A resolution was adopted by the Senate to-day, in the following form :— 'd. That s relect committee be appointed, to d inquire into the affairs of the Canal © ban. ‘and report.at an early day, the of the failure of said bank—the deficiency of its Hability— specifying the Smount m said bank. and whether it is se- cured. and if s0, how. Also, that said committee re- port whether. in their opinion, the existing associated Safety Fund Banks should be required to contribute nd suffi it to pay off the creditors of said bank. (after the assets are exhausted.) and also to barmlesr, innocent stockholders, in said exis! Safety Fund Banks. from loss on account of person liability, which ia to take effect in 1850. and to protect crediters Im cese of future failures; and that said committees be empowered to send err, Pete reeolution was eflered by Mr. W: whig Senator: The Senate, I apprehend, do not believe that the exatmmation into the eee ct the Canal Bank, recent): appointed by the Compt comylete as the ext: occasion de " Hence they rejected a fon made bya Senator, tu re-appoint the receivers already appomted by the Comptroller, as a select committee on the part of the Senate to perform this duty; the resolution requires the appointment of a committee of three, to be composed, as | understand it, of members ot the’Senate, The report to be submitted by this committee will, therefore. be distinct from those already made by Messrs. White and McMullin; it will, pethaps, be more clear and comprehensive, and meny curious circumstances connected with the failure of the bank may be explained. I have no reason to doubt that the Senator who offered this resolution was actuated by just and honor- able motives; but Idesire to say that I have en- tire confidence that the contemplated examina- tion, be it ever so. rigid, will not injure the reputation of a citizen in this community, whore enemies have sought to set him upon the gibbet of public opinion, as the author of this calamity. I mean Mr. Edwin Croswell, whose private character is still unscathed, in ve y spite of the efforts of his enemies to rob him of it. | have nothing to do with Mr. Croswell’s political career, but I have a duty to perform in testifying to the pu- rity of ate character, to his good deport- ment citizen, to his benevolence to the poor, ard to his honor, asa man. When his enemies attempt to rob him of these, they will find that he hae se many friends as to make the feat impossible. Mrs. Governor Fish, the amiable lady of the White House, is attempting to reorganise fashion- able society inthis metropolis to a certain extent. She has introduced a system of ‘* receptions,” simi- Jar to that practised at the White Houre in Wash- ington, by Mrs. President Polk and her predeces- sore. Under the administrations of Governors Young, Bouck, and Wright, there were ne regular “reception days” at the White House in Albany. The accompliehed lady ot the present Executive has announced 1n a proper way that the Executive mansion will be open for the reception of visiters on certain days. Her example will have a tenden- cy to recrganize fashionable society in this metro- polie, upon a more liberal and less exclusive basis. yr persons and ‘was as thorough and m to the Senate. on Practice and mwirsioners on practice and pleadings, in compliance with a resolution of the Senate, the 11th of Janvery instent, requesting th: alonere to inform the Senate how soon. extent, they will be ke a report of their pro- ceedings tothe Legislature, and whether more time will be required to complete their report. respectfully yeport, that ever since they presented to the Legii ture, at the last rersion, their report of @ code of pro- cedure in civil actions, they have been sedulourly en- ed in digesting and preparing provisions designed to complete the plan which they had laid rary toa perfect and thorough simplifies proceedings and pleadings in the courte of jurtice of this State The code of procedure already sdopted by the Legisiature, wan designed by the Commissioners to accomplirh the reforms in legal practice contem: by the constitution, only no fer an the ti forced to the Comminsioners enabled th the leading priveiplen of their plan—leaving ther epportunity the filling up of the outilae there prevented. and apy improve ts im ite details which Lime and experi might suggest. In reporting the code now im operation, the Commis. TWO CENTS. sioners took occasion to observe that they saw no other Mmit impored upon them by the constitution, and by he statute conferring their appointment, I} provision for every proceeding in the judiclal ale from the beglunioe f ; Sroversy; ood thks Th thn sents ena ef ovary om ance the arr ments of the eourts of justice. the (3 those duties, as well as those of their imo —the respectiv diapoted questions of fact of witnerses, and the manner of thelr examination, (including t! juestion of their competency, and the rules of evidence)—the judgment to be rendered—the execution of the judgment—and syyeelss with the immense iuaea.of special pleadi our law, embracing prerogative remedial writs, arbitrations, the proceedings against absent, abscond: ing, and insolvent debtors, and the practice, pleadings, and proceedings in criminal cases—were by them re- Gehee as embraced within the language of consti- tution In this view of their duties, the Commissioners then announced their design, (im the execution of which they have been ever since occupied.) to prepare a code of procedure which should comprehend the whole law of the State concerning remedies in the courts of jus- tice. This work—the necessity, magnitude, and dim- culty of which the Legislature can well appreciate—a difficulty much increased by the heavy accumulation of business bequeathed to the new system by the defects and abuses of the old, by the discordant construc- sof the courts, and by the persevering hostility of Jarge amd powerful bodies of men. not only to the code, but to the constitution of which it is the offepring—has been with the Commissioners a comstant subject of consideration and active labor ; and while they have been and will be wholly unable to complete it within the time limited by their appointment, they are eusbled to inform the Senate that they will, during the present month. report. for the action of the Legislature, s large body of Keovieas: Among these will be such provi- sions as they deem necessary to insure the successful working of the code of procedure in civil actions, al- ready adopted In this branch of their report, they will endeavor to supply defictencies in portions of that code, which have been indicated by experieneo, or ren- dered necersary by judieial construction Its leading features will embrace s more complete adaptation of the be apes to justices’ courts—the provision of an addition- 81 judicial force in the city of New York, by the necessa. ry increase of the number of judges of the local courts of that city, and devolving upon them a portion of the accumulation in the Supreme Court—the establish- ment of courts of conciliation, with adequate powers, throughout the State, in compliance with the provision of the constitution—the introduction of provisions in respect to actions concerning lands, formerly em- braced in the actions of ejectmunt, waste, and nui- sance—the determination of conflicting claims to real property— the substitution of more simple proceed- ings in place ef the present cumbreus and inconve- nient practice respecting prerogative writs, such as habeas corpus. mandamus, probibition, guo warranto, acire facias, to repeal letters patent, and the like—an @ beneficial and practical system in respect to the mode of selecting jurors for all the courts of the State. The commissioners do not deem it igre A to re- fer, ind to the reasons which have, in their judg- full revision of the law, in these re- specte, in: nsable. To one of them—the arrange- t of the judiciary establishment—they will, how- , make # passing ailu ity for such a revisior clares that there shall be « Su; summoning Supreme Court “shall possess the same powers, and exercise the same jurisdiction” as was possessed and exercised by the late Supreme Court, and Court of Chancery. The powers and jurisdiction of the late Supreme Court are defined inthe Revised Statutes in there words :—“'The Supreme Court shall possess the powers, and exercise tho jurisdiction, which belonged the Supreme Court of the colony of New York, with the exceptions, limitations, and additions, created and imposed by the constitution and laws of this State’’— and the powers and jurisdistion of the late Court of Chancery are also thus defined in the same statutes :— “The powers and jurisdiction of the Court of Chan- re 00-extenrive with the powers and jurisdiction ‘ourt of Chancery in England, with the excep- dditions, and limitations created and imposed constitution and laws of this State.” Such being the present State of the law om this bead, a re- vision of itseems indispensable before the code can be ers expect also to be able, within the same time, to report a full and entire code of criminal procedure, the provisions of which are now Veplimiret| hams, ah Made by theo! | th and are receiving, at their hands, the most care! consideration, preparatory to presenting them for the action of the Legislature. From this review of what they nally proposed to themselves, of what they have ly done, of what they propore reporting to the Legislature at its present session, and of what must necessarily remain unfinish. ed, the Senate will perceive that the time allowed to the Commissioners for the full discharge of their duties will not be sufficient he entire nce of the task imposed upon them by their eppointment. It has deen the earnest desire of the Commissioners, to the fulfilment of which they have devoted a vast amount of labor, to complete their work within that time; but the importance of the work, the searching character of the reforms they have designed to present, and the care and caution they have felt called upen to exercise in every step ct ak ee have alone prevented the consummation of their parpete, Respectfully submitted, ASPHAXED LOOMIS, Avpany, Jan, 13, 1849, DAVID GRAHAM. » Supreme Court. GENERAL TERM. All the Justices present, David P. Halstead vs. the Mayor, c., of the City of New York —Epwanps, Justice—This action is brought upon two warrants or drafts nes by the defendants, and made payable to P. A. Cowdrey or order; one in the sum of $2,661 27, the other in the sum of $300. ‘The proof shows that the drafts, after having been duly endoreed. were received by the plaintiff; and there is no evidence that be had any other notice of their consi- deration than that which is given by the instruments themeelves, No objection is made, either to the form im which they are drawn, or to the manner in which they are signed; butit is contended that the defendants had nosutbority to give them consideration of ‘the draft for the larger amount consisted of taxeble which sccrued in separate suits, brought in the e of the People of the State of New York inst eight of the Supervisors of the city aod county of New York, to recover @ penalty of $2650 trom each of to allow the account of . one of the Aracclate Judges of the Court of Ger Ses- sions of the city and county of New York, as they were required to do by the fourth section of the “Act to enable the Supervisors of the olty and county ot New York to raise money by tax,’ passed May 26th, 1841 (Laws, 1841, p. 267) The consi- deration of the other draft coni counsel fees, which bad acerued in the defence of the same suits, The ruite were commenced in the month of Septem- ber. 1841, and some years afterwards judgments were recovered sgainst the defendants in each of them. On the 8th May, 1847, and « few days before the drafts bear date, @ resolution was parsed by the Common Council, authorizing and directing the Comptroller to pay the ameunts of the several judgments, with the taxable costs and reasonable counsel fees. It was un- der this resolution that the drafts were drawn, and they appear to have been given for all the costs and jad accrued in the defence of the sev it question to de considered is, whether had the corporate right and authority to give the drafts forsuch a purpore. The charter un- der which the defendants were incorporated gives them no Kila power in reference to suits, except of ruin y ry w= granted to ym, the right to institute its for the purpose of protecting their own property and interests, and also for the purpose of protecting their corporate privileges and franchises. This in a right of relf-protection which must belong as well to artificial as to natural persons. But, as a ge- peral rule, it can only be exercised in cares where corporation is aparty tothe suit. There may be carer, however, in which, a8 @ matter of neces- rity, the defendants can exercise this right where they are ret the actual parties to the record ; as in ‘defence of titles acquired from them, and which they are bound to defend, orip defence of persons soting by their suthority. andin their behalf. The reaton why the defendants would have the right to de- fend @ suit in either of the cares last su; |. is, that slthovgh inal parties, they would be the real z Tt n caren, however, in which the defendante ax nor the real parti to institute or de} before ur. it eppe: the draftsin qu any euit brought a apy persone who act their behalf, Om the contrary, egainet persons who aeted on tl eponelbility. The suits pore of enforcing e' ere a too, for the pur- claim which the defendants had in thoug rtitutionality of the law under which the associate Judges beld their offices might have arisen Sncid tally, the case is not altered. At the time when the suite were commenced, the act under which the asso- rere sppcinted had beem in force for up wards of ay nd they had acted as members of the Court of General Sessions duriog the greater part of that time No proceedings bad been instituted by the defendante for the purpore of showing that their oorpor ate franebwes had been abridged or impsired by the appointment of such Judges The oonstitutionality of the law under which they held their offices. had thus teen tacitly ecquierced in. and it does not the deferdante, in this respect, com apy infringement ¢ thelt Ca tty ” an If the Supervirors o Hiaeres 4 to disobey the law which required ciate Judges they did ro at their cowrequences. The ‘com their owm responsibility, and the penalty for their mis- conduct is entirely personal. But it wascontendedon the jument, thateven if it suould be held that the del te had no right to give their drafts for the consideration for which these were given, yet, that the plaintiff is entitled to recover as s bona fide holder, It is not denied on the part of the de- that the draft: estion their legal without notiee. ithout corporate suthority on the pert of jants, they are void, even in the bands of a 4 Side bolder, without notice. It will be remembered that ‘the defendants have no ex; wer given to them by their charter to is 3g je paper. thas, how- ever, — been a settled doctrine in this State, that a corporation without any express power in the charter for that purpose, mey make # negotiable promissory note or bill of exchange, when note prohibited by law from doing #0; provided such not or bill is given for @ debt contracted inthe course of its pro} legitimate: business. (Mott vs. Hicks, 1 Cowen, 113; Barker vs. Merchants’ Fire Insurance Company, 8 Wend. 943 Attorney General vs. Lif id Fire Insurance Com- @ pany, 9 Paige, 447; Moss vs. Oakley, 2 Hill, 615; Kelly vs. Mayer, Ko of Brooklyn, 4 ib, 268.) Bué as are aware, 1 questior ded whether a note or bil isued tesa econ Orpo- m, not in the course of its proper legitimate busi- . is valid in the hands of a tees older without notice. In case of the Attorney General vs. Life and Fire Insurance, in #hich the question arose, the Chanoellor deolined to express any opinion, and placed his decision upen other groun: it was contended on the argument that the rule of the law merchant, whioh protects the bona fide holder of negetiable paper without notice, was of universal applica if the defendants had aright to issue negotiable paper, such paper must, ex necessitate, be subject to the same rules ae the negotiable paper of an individual. This view seems plausible; but will it bear the test of exae mination? In the first place, the defondants have no general power, either express or implied, to issue nego- bees i al They have only a special and conditional implied power for that purpose; that is, it is necessary condition precedent to the validi y ef such paper, that the debt which ferms its consideration uld be contracted in the course of the proper legitimate busi- ness of the defendant. The act under which they were incorporated is declared to be a publicact. Every negotiable paper is bound to xtent of their powers, sud is presumed to receive it with # fuli knowledge that they Bove only @ limited and conditional power to issue it. quiry, and takes it at his peril. The cir~ under which a bona fide holder without notice receives the negotiable yeere of @ nataral per- son, or of ® corporation having the general exprese pores to irsue negotiable paper, are very different. Im oth there instances the power ‘to issue such paper is 5 eneral and unconditional; and hence the rules which jave been established by commercial paley for the pu: @ of giving currency to mercantile paper are applicable. It results from the views which have been expressed, that the drafts in question, not having been issued by the defendants in tl jived by him without actual notice tion. Judgment must be entered for the defendants. Before Justices MoCoun, Hurlbut, and Edwards, < Jan. 15.—Stacey Pitcher et al. ve. Willington A. Car ter et Decree of Vice Chancellor reversed, with costs. The usual decree for the sale of the mortgaged premises to be entered. Edward Claytonet al. vs. Thos. Wardell et al.—De- oree of Surrogate reversed, with costs. Henry Worrall et al. vs. David C. Judson.—Judge ment for the plaintift fo The Mayor, $c. of New Yorks David P. Hatfield v —Judgment for defe . George G. Frith va. Thomas Crowell et al.— Order for the appointment of a receiver reversed, : Mary M. Brown vs, Trust Fire Insurance Company. ae of Assistant Vice Chancellor affirmed, wit costs. The People vs. Peter Duffy —Judgment of the New York Common Pleas affirmed. John Milter and Wm Miller ve, The People.—Judg ment of the New York General Sessions reversed, and wenire de novo awi . Bradford B. Williams vs. Mathew Maury et al.— Decree of Ai nt Vice Chancellor modified. Plain- tif'’s compensation as master of the ship in question, Mmited to $125 per month, and jount kept by Lincoln ireen, as ship’s husban: 0 be assumed om the reference to be accurate in the firet instance ; but Naintiff to be at liberty to attack it by direct P showing fraud or mistake in respect to any items therein. Sarah B. Pollock et al. ve. The National Bank et al. @ Decree of Assist: Vice Chancellor affirmed, under a modification, that the plaintiffs’ bill be dismissed with- out prejudice to their o d without costs of appeal to either part ther Zena Cooke vs. Si C. Smith et al. joree of Aé- sistant Vice Chi affirmed, with costs, to be paid out ef the fund. John H. Williams va, The Same.—The like decree. Chas H. Mount vs. The Same —The like decree. The People ex rel Archibald D. Moore vs. The Mayor $c. ef the City of New York.—Certiorari quashed. Before Justices Jones, Hurlbyt, and Edmonds. No 6, a reserved cause, fs under argument. No. 63 in the highest yet reached on the calender. The deci- sions rendered this morming, and the peers belonging to them, will be found w‘th the Clerk in chambers. SPECIAL TERM, Present Justice Edi Weatcott ve. Platt —This is an sion of # special motion, and if seourity had been re- quired, the sppeal served has been irreguiar, for the same defects in the undertaking which have beem spoken of in the case of Beach vs. Litchfield; but as ne security is required on such an Sppesl, these irregularities are of no avail on this motion. Im other respects, the appeal was regular, except as to the tle when it was taken The notice of the appeal was served on the Attorney on the 24th of November, and onthe Clerk on the 25th, and there is some dispute whetber the order appealed from, was served on the 13th or 14th of November. Thig dispute is of no moment, for even if the order had been served om the 14th, the Cg was not in time, The time within which an act is to be made, is to eomputed by exoluding the first day and including the last, section 368. An appealin case ofa special motion must be taken within ten days after writ netics tball bave been given, section 280; and by service on the adverse party an: ‘ler! ection 276. The first day which is to be exclu: day on which the order was served which is to pealed from In this ease, that was either t ‘or 14th of November, and whichever it was, tl service of the notice of the appeal on the Clerk, on the 25tb, was not within ten days after the service of the order appealed from. Thi which it is not in our power to waive. It isnot merely » viola~ lion of our rules, which we may dispense with when the ends of jurtice require it. but it is a departure from @ statute requirement which we are expressly forbidden towaive; for section 366, which allow us to enlarge the time within which any proceeding must be had, exproaly excepts the time within which an appeal must be taken. This motion must therefere be granted and the appeal be quarhed, be 18t) IN CHAMBERS. Before Justice Edmonds. In Re Miry and Caroline Martin.—In this matter, parties were charged with » larceny and committed; they were afterwards discharged on bail, and subse- quently surrendered in discharge of their bail. They en brought before Judge Edmonds, by « writ of habeas corpr their discharge claimed upon va- rious grounds, Pending the decirion, the Judge allowed them to remain in custody of a Huff, who had been 8 crier of the M: deputy sheriff Its dered them to be in city and went to Ne He then notified their counsel to have them in atten- a They. it reeme, refused to come when required, id they would at d at some other time, when ited their own coi The ja was in- formed of their refusal tend, id thereupon ‘0 the Gover- intructed the District Attorney to 9 nor of this State, for s requisition on the Governor of the State ot New Jersey, for their apprehension. They, however, attended at Chambers this morning, with their counsel. The other parties not being in atten- dance, the matter was adjourned until to-morrow (thie merning), and in the meantime the Misses Martin were committed to close cuntody, United Stares District Court, Betore Judge Betts. Indictments Found—John J. Hutchinsom, assault with s dapgerous weapon; George Honey, endeavour to make @ revolt, Piraded ilty —James Bellian, indicted for embes- d racting their contents, pleaded jed for sentence. ® guilty and was rem: terday den illness of Judge Daly, th adjourned over to this forencom at 11 o’cleck. ‘The Court was b rofessions, trades, 10" Pilawyers ¥, Farunere 1% Mere ver 1. Irom Fou prerentativer— Lawere 16, Printers 6, Doctors 4, Survey binet Makers 3, [rom Masters ¥. Carper maker 1, Tanner 1, Tinemith 1, Confection Meesvrer 1. Tailor 1. Manufacture 1, Innkeeper 1, Butcher 1, Hatter 1, Currier 1, Lumberman 1, School- teacher 1, Gentleman 1—100 Can it be possible? Only two gentlemen in the Legielature of Pennsylvania. Siveutar Exrosion or a Crsrery.—A singular aflair happened last evening at the ume of the fire. One of the fire companies run their hore to the mouth of the cistern, corner of Fourth and Sycamore. On opening it, cne of the firemen lowered his lamp some two or three feet below the mouth, to see the depth of the water; the cistern, which had been for s long time closed, was filled with @ ga that exploded from the fleme, cauring @ report, and reriously burning the bolder of the lamp and another fireman.— Cincinnati Gazette, Jan{12. ‘a