The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-09

lndnI1CsIcu VTCaL
tain Suffers residence. Captain Suffer and his
visiters Immediately went to the scene oi the lire
and did their utmost to extinguish il.
On their return, however, fearing an attack on
the part of the Indians, they concluded TO go back
to the village, with an interpreter The Indians
the chief of Captain Suffers tribe among them
had all concluded to leave Hook Farm. AT first
they were very obstinate, but upon Captain SUIT
ter's representations to them that it was not his
fault that the deed was done-that he felt sorry ON
account ofit-that the offender should be punish
ed, and the damage repaired, they were paciiied
and gave up their intention OF leaving.
Two young men killed by the Indians near
pittsburg Bar, on the Yuba river, about ten days
ago. One Of them was shot in lis tent while asleep
with shot gun, which II ID supposed the Indians
stole from store near by. The other was killed
on the 81" nc day. and ahcn his body was found,
seven arrows were sticking in il. The above intel
lieence is given by Mr.. w. b. Brink, who lately
left the neighborhood where the murders were
committed.
The Overland ImIiIi grafton.
The Alta California; of July !, notices the arrival
at san Francisco 81 Captain john Chapman and
wife, from Santa Fe, by the way of the ella and
Colorado rivers and San Diego The following ac-
count Of the journey is given:
They left Santa re on the 18th of March last, with
n party of fifty, among whom were several iaml-
lies. Captain {, and wife arrived in San Diego in
fifty. nine days. They endured great hardships,
and were several times in jeopardy from the Apache
Indians, and afterwards from the fumas at the
cnce in Indian fighting in New Mexico, when at
the head of mounted volunteer corps, he might
have suffered much more. He was compelled 70
leave the greater portion OF his party the other side
of the Colorado, and proceed as rapidly possible
10 San Diego. At the ferry crossing they were de-
prved of almost every necessary in the way OF
blankets and food The greater portion OF his party
had reached San Diego before Capt. c. left, and
brought the most distressing accounts of the treat
ment experienced from the Indians. We hear OF
some difficulty between the emigrans and the Off
Ger in command at San Diego relative to despatch
ing a force to the Colorado, but arc not suft-
GENTLY well posted up in the particulars recount
them. IL is very necessary that the contemplated
plan Of stationing military force at he junction
of the two rivers should be promptly carried out.
A party who had wntered among the Mormons
al Salt Lake arrived at Sacramento city the 9th
of June They had left their wagons in the noun
taius on account of the depth Of the snow-from
twenty to thirty feet The surface of it, however,
was hard enough to bear their mules, which they
brought with them in a good condition.
Casualties and Crimes.
The ship Utica, of New York, formerly one of
ilC Havre packets, took fire in the hold, Sunday
morning June %. She was lying in the thickest
part OF the shipping, and, in order 10 farther
damage TO other ships, her cable let slip, when
she drted in the direction of Yerba Buena, where,
in five tathoms water, she was scutted. She was
sold she lies full Of water under the inspection
of the port warden, for 5 $50.
A few nights attcrward the ship Sartclle set
on fire, 1t is supposed, by an incendiary. 1t was
saved from destruction by the energetic efforts OF
the captain and few friends, who were on board
at the time
The Pacific .NetDs of July furnishes the follow
ing chapter OF crimes:
By gentleman who arrived yesterday from the
Southern mines, we learn of several murders and
other atrocities committed there, which dcvelopes
bad state OF society. On Friday night last two
Americans ere murdered in their tent, at James
town, by some persons unknown. One Of them
was Mr.. Chase, of New Bedford, and the other a
Mr.. Hathaway, of Dighon, Massachusetts,. The
first had his throat cut from to ear, besides
stab in his breast; Mr. Hathaway stabbed in
! the breast and neck in several places. The tent
was robbed of about : 900 that was known to be
in possession of the murdered men,.
On Wednesday evening, 18th inst, French
. man named Jean Fernando, shot by some per
son unknown, near the Oregon tent, about twelve
! miles above Stockton.
/ On Saturday last, on Woods Creek, about one
mile below Sonora, Frcnchman was shot in the
! head and died the next day.
On Saturday night last, at Columbus, in the New
! Diggings, CHILEAN was shot by Mr.. John Bran
nan, in self defence. The Gillian called upon
! Brannan for some ammunition; he told the appli-
cant he had none to give then, but that If he would
call the next day. he would let him have some. The
Gillian became enraged, on the refusal, and as ht
reached the door, turned about and fired his CUR
at Brannan and man named jackson Roark
| who were standing together. They lodged undcI
! IA table; but Roark's hand being up, one of his I'm
! gers received the ball. Brannan then ran TO The
! hOOI, anu lIClc DSIHB stNtIdi dlOuHu, nc was a
! first unable to distinguish who fired, and Will,
| standing moment he received three stabs Oh a &c
rious but not fatal character. lie then drew pis
! toll and shot the fellow down. An examination wal
had, and Brannan was justified in the act.
A few days ago Frenchman shot Gillian il
/ the street of Sonora.
II is said that almost every up in the country
goes armed 10 the teeth; and from the ARRAY bove
| we do not wonder at IT,
man named Stephen spraggins, Of Jcssamin,
| county, Kentucky, committed murder on the l5tt
instant, at a place on the Cosumncs, near Nc
! Theuy's creek. The murdered mans name wa
! Hardcnfalls, German by birth, who has family
in the country. II appears he had received on de
posit an amount of money belonging 70 Spraggins
! who, during fit of intoxicatiOn, demanded thu
same Of him. Hardcni1lls put him of until night
fall, when ON retiring to bed, he was assaulted by
! Spraggins, who, with scarce prcmonitory threat
| drew pistol and shot him in the body. Harden
falls soon expired, and the murderer escaped
Miscellaneous.
An important law case was decided in the supe
ror court at san Francisco on the 2Sth of June
! The Board Of Health of the city brought actor
agans, the Pacific Mail Steamship Company, fo
about $500; being the amount of n commutatioi
! fee Of two dollars per head for each passenger
brought by the steamer Oregon on its previous trI
| from Panama. The defence that the law o
the legislature, imposing this tax, is uuconsttu
] tiOnal Similar laws had been declared in Mas
sachusctts and New York. and il vas argued tina
| this enactment was in the same category. Tn
]
senting, OF which this is the material part;
| The line Of demarcation, in come xion with thi
| question, between the powers granted 10 the Fcde
! raj Government and those reserved % the State il
30 faint-the difference between the law in ques
ton, if there be any difference, and other police o
| municipal law, Is so sght-and indeed almost 81
the material points IN the nice, so difi
cult, and so pcrplexing; and such is the doubt il
my mind in reference TO the adjudication thereof
that feel compelled to base my action herein upor
the remarks and opinions of the Supreme Court @
| the United States, as delivered by Chief justice
Marshall, in the case Of Fletcher as. Peck and re
ported in 9TH Crnnch's Reports. On page lbs to-
Chief Justice remarks:
"The question whether a law be voided for il
/ rcpugnancc 20 the Constitution, is at all times
question Of much dclicacy, which ought seldom, !
ever, 20 be decided in the Affirmative in a doubtful
case. The court, when impellcd by dutyto rcndc
such a verdict, would be unworthy Of its station
could it be unmindful Of the solemn obligation,
which that station imposes. Bot il is not on Sigh
implication and vague conjecture that the Legsla
/ turc is To be pronounced TO have transcendod IL
powers, and lie acts to be considered void
! The opposition between the Constitution and On,
law should be such, that the judge feels a clear anC
strong conviction of their ncompatiblity with eacl
other.
Now in this case, though to some extent doubt