The Placer Herald from Rocklin, California • 1

THE WEEKLY PLACER HERALD. VOLUME 2. AUBURN, PLACER COUNTY, SATURDAY, NOVEMBER 19, 1853. NUMBER 10. Oustomab Lodge, No.

16. was instituv Measuring Grain in bulk. To reduce solid feet to bushels, multiply the number of solid feet by 45 and divide the product by 56: the quotient will be the PLACER HERALD. Published every Saturday Morning by TABB MITCHELL. At the Herald Office, on Main Street, opposite the National Hotel.

TERMS. Subscription one year, in advance. 6,00 pie have the right in casting their votes for members of the next Letris'ature, to take the matter into consideration, and thus exact the privilege of instructing ber agents with respect to their choice of a Senator. We do not even know who are the aspirants for the 6eat in the Senate we care not who they are. But we had much rather see the true principles of our government triumph, than to witness the success of our warmest personal friend in consequence of their violation.

In view therefore of the whole question, in all its various bearings, looking at it legally and politically, as well as morally and fairly, we are clearly of opinion that the best interests of the people would be promoted by permitting events to tHke their natural course, nnd the choice of a Senator come before the representatives of the people after they shall have received instructions directly on the point. Produce of the Gold-Fields. Sir, I am very happy to observe, in to-day's Jlrgut, some hopes of the real state of the gold-diggings being at length fairly represented. This will, I trust, check the increase of the distress now, and for some time past, witnessed nmongst the innumerable gold-seekers whotave been induced to come to this colony, led From the San Erancisco Evening Journal. 1 The next Senator-when shall we elect him.

Several of the Presses in the interior we observe are mooring the question, whether the approaching session of the Legislature ought to elect a Senator to occupy the seat of M. Gwin, which becomes vacant by expiration on the 4th of March, 1855. Before we enter into any argument on the subject, we would remark that the proceeding seems to be an extraordinary one, at least, and there ought to exist some very potent reasons, why the Legislature of 1853 should usurp the legitimate functions of the Legislature of 1854. For ourselves we can perceive no such unanswerable reasons; we can discover no valid argument why the Legislature should thus attempt to anticipate the action of another, and display such indecent haste in its movements, as to incur the suspicion and distrust of every unbiassed citizen. We cannot for one moment believe that the next Legislature with thus recklessly allow cause for our opponents to question their patriotism, and suspect their motives.

We think, in the first place, that the uncalled for usurpation of power would be unconstitutional, not that it would violate the letter of any particular clause in the constitution, either of the State or General Government, but that it would effect the same thing, only in a more dangerous manner, by giving a blow at the spirit of them both. It is true that the 4th Section of the 1st Article of the Constitution of the United States gives expressly to the Legislature of every State, the power of selecting its own mode and manner of electing Senators. But this delegation of authority must be exercised in consonance with the general framework of our institution, and not so as to lead to their injury or subversion. We take the position, therefore, that any action on the part of the legislature of 185S, which arrogates from the power and authority nf its successor, although not expressly forbidden by any constitutional provision, is in reality opposed to ted in this city nn Friday night last, by 3. ti rarker, u.

M. he following officers were elected for the first term A. A. Sargent, N. L.

B. A est io V. J. 11. Van Hagen, R.

8., H. D. King.T., C. Marsh, L. S.

Friend. O. Crandall, 1 S. Connel, to IV. UM 11.

S. Cary, L. S. to N. H.

Ferrell, R. S. to V.G., W. G.Alban. R.

S. 8., A. W. Potter, L. S.

S. Several new members were admitted the first evening. The attendance was large, and of many of the best citiiens of this vicinity. J. 8.

Lambert, N. of Grass Valley Lodge, and several members of that lodge were among tbe visitors. The regular meetings are on Friday night, at tbe Masonic Hall. We are requested to say that all brothers in good standing in other Lodges are respectfully invited to attend. Nevada Jour.

Qoartz Minino. Well authenticated private accounts of rich mining operations in the vicinity of Sonora, and other mining localities, but especially tbe former, convey intelligence of discovery of quarts ledges, which are yielding twenty dollart to the pound of auriferous quartz. This enormous yield, though not confined to one locality, has been kept strictly secret by those concerned. Our information is derived from one of the owners of tb New York mine, near Sonora; a continv uation of the lead of this company, though in the hands of others, is now yielding that amount, considerably to the disappointment of th5 company named. Capitalists have recently made large offers for the particular ledge referred to, 8.

F. Journal. A Merited Rebuke. We learn from the Cincinnati Gazette that Judge Flinn, of tbe Criminal Court of that city, has been very much chagrined at the freedom with which the press commented upon his conduct, nnd that of several other connected with the administration of criminal justice. He seemed to think this freedom ot remark was an infringement upon bis dignity.

This is the usual slang of those who possess little dignity, and whose Courts deserve the contempt they inspire. The attention of the Grand Jury was called by Judge Flinn especially to the animadevrsions of the press on a recent action of his in the Criminal Court. The jury in their presentment remarked, "that while they would guard from defamation and condemn the publication of articles tending to bring into contempt the conservators of the public peace and morals, vet they consider tbe proceedings of the officers of the law, and other pub lic servants, as proper subjects tor full and free comment and discussion. TA press is an ever watchful guardian of the people's rights ana principles ana its pre' roauves snowa not oe ugmiy mierjerea with." The sensible presentment was so offensive to Judge Flinn, that he refused, contrary to usage, either to order the report to be placed on record or to be printed. For this reason, we would place it on record in thecolumesof the Delta a lessen for silly Judges, who think they can tmis-zle the press.

N. O. Delta. Improvement. The Common Council of San Francisco, at their last meeting, took action on sixteen ordinances, having reference to the improvement of that city.

A petition is being circulated in Butts County, to be presented to the next Legislature, praying fur a division of tbat county. A popular writer speaking of the proposed oceanic telegraph, wonders whether she news transmitted through salt water would be fresh. The individual that "stole a march" has been arrested and confined in the sams cell with Procrastination, the thief of time. "Roast said a boarder to a waiter "How will you have it, sir?" "Well done, thou good and faithful servant!" A young lady in Tennessee, when kissed, says: "You thief, you, put tbat right back where you got it." The man who "fell into raptures" with a pretty girl, was taken out with considerable difficulty. A drunken fellow ran against a boos which had been newly painted.

Shoving himself clear by a vigorous effort, he took one glimpse at his shou der, another at the house, and a third at bis hand, and 1 exclaimed Well, that is a darned care less trick in whoever painted that house, to leave it standing out all night for people to run aguinst." An Irishman was asked at dinner, If he would take some apple pier "Is it houl- I I. some inquires i euny, i oe sure it is. Why do you ask?" "Because," said I'eddy, "I once had an uncle that was kilt with apple-plexy, and sure enough I thought jt might he something of tbe sams kind" To Mam Watm Sort. A correspondent of the Maine Farmer states that a teaspoonful of salt thrown into tbs water, will soften from three to four pails of hard water. This is a raoabl reelps for housekeeper! sod oos which atf tssiJ tested.

number ol uusnels. Reason. As one bushel contains 2150 2 5 inches one solid foot is 45-56 of a bushel. Example, How many bushels in a box or crib 8 feet long, 4 feet wide, nnd 2 feet deep? Multiply the length by the width and depth, and the product by 45, which divided by 56, gives 21 3-7: the number of bushels which the box contains. A singular chain of events occurred in Cincinnati the other day.

An old man, named Heritage, was employed in painting the walls of a house, and falling from a scaffo'd, he injured himself to such an extent that he had to be conveyed home. His fall frightened a horse, attached to an express wagon, which ran off, and in his mad career down the street ran over a hog and killed it. The hog was owned jointly by a couple of men, who skinned it, and had a fitht over the carcass. As a finale, the belligerents were taken he-fore a magistrate, and paid a fine of five dollars and costs. wheat product in uhio.

it is estimated to average 25,000,000 bushels per annum of which 13,000,000 are surplus. It is said that only about one-fifth of the land in the State is under cultivation. While some of the premium crops exceed over 50 bushels to the acre, the average yield of the State will not exceed 16 bushels. Bio Spree. The trip of the "North is said to have cost Com.

Vander-bilt, $250,000. A cayote company on Mancenita Hill have averaged $1000 per week after all expenses are paid, for the past two mouths. They go to a depth of ISO feet. Nevada Journal. I he stale Jturnal has entered upon its fourth volume.

The editor of tho Telegraph suggests to the citizens ot urass Vabey to build good side walks. Wells, Fargo intend to erect brick building in Grass Valley next spring for their express business. Since the time of Capt. Conk the population nf the Sandwich Islands has dwindled down from 400,000 to 80,000 sou's. California gold, owing to its containing double the quantity of silver to that existing in the Australian product, is more profitable as a remittance.

There is quite a difierenre going on between the citizens and miners of Jamestown, in Tuo'umne county, in relation to digging up the streets of the town for mining purposes. Col. Falconer has sold his interest in the Columbia Gazette. He leaves on the next steamer for the States to return, however. The Robinson family are playing ntlhe Theater in Grass Vailey.

When shall we have a place of amusement of the kind in Auburn? Leidesdobf Estate. Governor Big-ler has writtn a communication to the Board of California Land Commissioners nt San Francisco, in which he expresses his belief that the Leidesdorff estate justly belongs to the State, and urges the Commissioners to take speedy action in the matter by virtue of the authority with which they are invested according to law. That '8 right. By a vote taken at the last election, the county seat of Klamath county, is established at Crescent City. The S.

J. Republican says the Indian reservations in Mariposa county are to he abandoned. The Sonora Herald is opposed to it. Heavt Strike' We are informed that a company took out upwards of forty pounds nf gold, one day this week, from a claim fifty yards from our office. Sonora Herald.

The jury in the case nf Moulton vt Tuolumne Hydraulic Association, returned a verdict in favor of the plaintiff for the sum of 136,851,71. We had a heavy shower of rain in Au burn nn Monday last. Wells have been sunk in San Francisco on some of the highest litis to the depth ot 195 feet, and good water lound. There are numerous springs of Asphal- tum in the neighborhood of Monterey and Santa Cruz. The petrified skulls recently found in a cave in Calaveras county, are being exhib ited in San Francisco, at arren Son's Fair.

The San Francisco Timet and Transcript gives an exposition of flour frauds in ihat city. They close their remarks with the following! "Until California shall he abundantly able to nrnduce her own breadstuff's, we may expect to be compelled to consume a large portion of inferior flour, but if we do so. it is hut fair that we shou not Day therefor ft price eeual to that of a sound article. If we must be poisoned let It be nn as economical a scale as possible, and lei ui kaotf wijt we ire tstiof." six months 4,00 2,50 1,00 25 three months one month single copies Advertising. One square, of 10 lines, and more than 5 lines, first insertion, 3,00 Each subsequent insertion, 1.50 For half square of five lines or less, 2,00 Each subsequent insertion, 1,00 Lial Advertising.

One square, first insertion, 2,00 Each subsequent insertion, 1,00 DCJ-A1I legal advertisements must be accompanied with the cash, otherwise they will not be puhlished. This rule will be strictly adhered to. Jol Printing. The Job Office of the Herald has recently received large additions, and patrons can now have printing done, of all descriptions, in a superior manner. Orders from a distance must invariably be nceo'iipanied with the noney.

BUSINESS CARDS. CJ. Hillyer, Attorney and Counselor (it La Yankee Jim, Placer co. ral- JIVES k. H.u.e H.

O. HYKRSOX. Auburn. M. E.

MILLS. Yankee Jim. Hale, Ryerson Mills. ATTORNEYS and Counsellors nt Law, Auburn nn I Yankee Placer county will atten 1 punctually to nil business entrustelto them Office at Auburn, one door bve the Sheriffs office. M.

E. Mill's office at Yankea Jim. jy23my B. Marshall. Oeo.

Webster. Marshall Weoster, ATTORNEYS AT LAW, Michigan City, Placer oc.nty. Pal. novo -my RALPH MARKHAM, ATTORNEY AT I. AW, MICHIGAN CITV.

ov8 n4tf TK. Alt F.N 1'ER, Attorney and Counselor nt Law. Office adjoininsr the Hear River St A. W. of-fre, Au'mni, Cal.

n50 my. A.ME3 ANDE3S0N, Attorney and Counselor at Law, Auburn. I'laccrcnunty. California. apiil30n33my 1)3ILIP W.

THOMAS, Attorney and JL Counselor at Law. Auburn. California. District Attorney for Placer County nltf EMPIRE HOTEL, and General Stage House Auburn, Placer county nltf II. M.

II1USR. Ue Hotel, Main Street, Yankee Jim. I'licar ny -mini weiaernee RII. McDOXALD, Proprietor of Miners' Dm? Store No. 139 street ml -i, Sacramento; Importer aa I leiler in Drills.

Kresh Herbs, Patent Mslicines. Oil, Paints, Brushes, Per'umery, etc. nlOly SURVHYOIt'S NOTICE. 'rilHE certificate of the County Sur-JL veyor or nny of his deputies, shall be admitted as legal evidnnee in any Court of this State, but the same may be explained or rebutted by other evidence. No survey here after made by any person except the bounty Surveyor or his deputy shall be considered legal evidence in nny Court within this state, except such survevg ns are made by the authority of the United States or by mutual eonsent of the parties" page 171, Statutes of California.

c. wTfinley, County Surveyor, Placer county, CaL Office in Auburn Oct. 15, n5 my The time of hoi din? courts in Plucer countv for the balance of the year 1853. District Court -Terra commences Monday, Octnbor 7th, 1853 Court of Sessions Terra commences Monday, Octibr 3d. 1 853, and Monday.

December 5th, 1853 The Court of Sessions transact all county business immediately after the criminal business is disposed of. County court Term commences, Septcm ber 5th, and November 7th, 1853. Probate Court Term commences on the 4th Monday of every month. WI A JOHNSON, Clerk. Aubnrn, Ang.

3, '53-48tf Eureka Lodge No. 1G, of A. Masons. MEET tho first and third Mondays In verv month. Transient brethren in good standing are invited to communicate.

H. HOLMES, Secretary Independent Order of Odd Fellows. Auburn Lodge, No. 7, meets every Saturday evening. Brethren in good standing are invited to visit A 3.

ANDERSON, Secretary. Mountain Lodge No. meets at Mad Canon, on the Middle tork of the American river, every Saturday evening Brethere ia food tUadiag ere invited to visit. away by the high co'ored accounts of "Our own Correspondent," 8tc, and for which to a certain degree, the press is morally responsible. It is a notorious fact, and can be proved by figures, that the gold-fields have been gradually falling off in the yield of produce since Uctolier last.

1 here were at that ti ne about 80,000 persons, producing upwards of 110,000 ounces weekly; whereas at the present moment upwards of 120,000 persons scarcely produce 35,000 ounces weekly, and even this amount is on the decline. Yet, in the very face of these results, the gold- fields are still represented the most en-c hi raging manner. I do not mean to say that a few more discoveries may not be made in different parts of the colony, which may afford a profitab occupation to a large number of industrious diggers for many years to come; but when we consider the scattered, and very superficial character of the gn'd-fiulds, the rapidity of their exhaustion, Hiid the absence of any mines on which to fa 1 back, I do nnint.iin that there is nothing to justify the extravagant estimates which have been, and are beinir, made of the extent and permanency of the nietalic wealth of this colony. All the intelligent diggers, nnd agents of the respective gold-field wi I bear out and confirm my views on this point aed I mn sorry for the sake of thousand who are landing here daily, that the truth is beenvo long concealed, and now upbears in all il ctai'lmg nakedness. 1 am, Sir, Yours respectfully.

EVAN HOPKINS. 27ili dune. V. The extravagance of the successful diggers are things of the past; great prizes are getting scarce, and in a very short time these gold-fields will be brought to the ordinary level of all gold-producing countries. K.

H. The game having been fairly worried nnd all the choicest portions consumed, it is evident that it is quite time to beat ofT the dogs that ran it down, and have greedily devoured the best of it, and to make over the carcass to the sly, keen-sightad old hawk, which has sat quietly upon his perch, and waited so patiently for his turn. Mr. Hopkins proves most satisfactory that the gold-fields of Victoria are unmistakeabiy done for, and nothing nppears left for it now but to make them over forthwith to any enterprising mining company which will take them for fifty years at a pepper-corn rent. Ed.

Jl. The Ramsey Route. Mr. Ramsey has written a letter to Messrs Burgess, Gilbert St Still, of San Francisco, in relation to his route through Mexico, in which he holds the following language. We copy from the Sun: "The steamer runs from New Orleans to Vera Cruz in seventy-two hours We take the mail from thence to Acapulco in seventy-two hours regularly, six days from New Orleans to Acapulco, and in six days more we could be in your city, if the steann rs connected.

I am now arranging to carry the mails between Acapulco and Vera Uruz in forty-eight hours, which very soon can be done with all ease, the distance licingaSS miles by our actual measurements. You will perceive mat me vvmnein Scott touched at Acapulco on the 9th day of September, on her way up to San rancisco; our man nan arrived mere on the 7th, where it remained until the 10th before laavingfor your city, and the Scott, touching at San Diego anil Monterey, made her voyage ten days from Acapulco. Had our mail been taken forward on the 7th, direct to San Francisco, news from New Orleans to the 1st Sept. would have been in San Francisco on the ISth. "It is our intention to carry the mails between New Orleans and San Francisco in twelve dars.

As soon as we have a steamer running direct from Vera Cruz to New York, we will carry the California mails to New York in fifteen days." Honch and Ready, in Nevada county! the spirit of ail. We are not arguing Mrs question, ns a professional lawyer would do, re'ying upon express enactments, for wo think that tlio fundamental law may be violated in in spirit, and yet preserve its letter untouched. And besides, what would be the use to elect a Senator by one Legislature, when the succredius body may declare the act invalid, ami proceed to repeal the law, pass another, 1 and usher a new "Itieli-rnnnd" into the fie'd The State Legislature can' only act when a vacancy actually cxiN, or is impending, and rnny occur, before the next session. It has no right to elect an officer to-day, to fill a vacancy which may occur to -morrow. It cannot usurp the functions of its immediate successor, any more than those of its successors for five or fi'lv years to mine.

If the precedent be a correct one, why cannot the next Legislature fill the vacancy which it to arise after Mr. Weller has served out his term! Is not the intervention ot one Legislature ns insuperable an obstacle as the intervention of half a dozen? Each House of the Congress, it must 1 remembered, is the sole judge of the "elections, returns and qualifications of its own members." Let ns suppose that A. is elected Senator this year, and B. next year, and they both present their credentials and certificates at the same time in December, 1855 and claim the vacant place of Mr. Gwin! Would the Senate of the United States sanction the first election or the second? But suppose the Legislature of 1854 repeals the law ot 185S shou'd they pass one as they would have the unquestionable right to do, and then proceed to choose Senator? In this case tJae United States Senate would not pause a moment, but would confirm the last act of the Legislature.

But aside from the unconstitutionality of the act, wou'd it be in consonance with true Democrrttie principles? Would it be po'itic nnd wise? Ought the party to shou'der nny such questionable proceeding at the present moment? We certainly think not. Nothing could be further removed from the principles of th" Democratic party, than to sanction any invasion ni me nsnis oi inn neome. i laf ure has no right to forestall their action, no power to anticipate their opinions, no authority legal or constitutional to snatch away from them the privi'eze of acting upon contingencies ns they arise, and fill vacancies as they occur, in their natural and ordinary course. Many events may occur during the year 1854, which would render this premature net extremely nwkward and unjust. War, in the meantime may break out; a financial crisis may occur: unforseen events of vast import descend most unexpectedly upon ns.

Some member of the party possessing far higher qualifications than his, whose accidental prominence may at this time secure his election, may then come forwnrd; one who would le the very man for the emergency, the unanimous choice of the people and the State, and yet whose services could not be secured on account of the inexcusable usurpa tion of the rights of the Legislators of 1854. Beside til ws think tbat the ro polls 313 Vote.