The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1850-10-31
Law In California.

journal of Commerce gives the following
specimen Of the Infinite variety of law which
be sees aud hears in California:
The question in dispute WIS, as usual a
"jumped claim" Scene--W ashlngton, a
village high up on the South Youba.-
Court-room-"a round tent" or gambling
shop, owned by the Alcade, whom behold
at monte-taLle, behind which he sits in
all the dignity of office, wearing the only
coat to be found in the place.
In pleading, the defendant put himself
upon the miners, instead of on the country,
according TO the usual form, and then re-
marked :hat the ''papers in his hand had
been drawn up with a view to test the abil-
! ity and honesty of the court" striking his
fist on the table as ifdrivipg nail which he
clenched by quietly adding, "who is well
known to be in the round tent interest -
He then required the plaintiff to enter secu-
rity for cost Of suit, and when the other had
done this, demanded the same of him; he
refused, coolly remarking that he never in
tended TO pay costs, or to abide the Courts
judgement, but should appeal to the miners
in mass meeting. The plaintiff at once with
drew his suit, avowing his purpose to settle
upon Ihe claim and defend it with his rifle
The defendant thereupon Joined issuc-"he
leaving the round tent, when the Alcade
rose from his monte-table, and Indignantly
burst forth. His speech was filled with ex-
pletives and left handed blessings, 10 which
dare not attempt TO do instice. 1t was on
ly of an hours length but consisted Of few
topics upon which the changes were fiercely
rung. He prefaced eli by pulling off his
coat. As near as | can recollect the body
of his speech was this:
"Gentlemen, hold on bit Till Oct
through, and then We'll take tot together.
! can't help speaking to you now cause tia,
4.:rty old coyote of defendant has attack ed
my honor, i meant to keep still till the
trial was over; but now, since they've quit
that, aud are going to work at the game that
'the longest pole knocks off the persimmon,' ,
Pm bound to tell that defendant that don't
know him, don't wan't to know him, don't
keer for him, don't fear him, and swear I'll
hog HIM. Gentlemen, this is the first time
my honor was ever attacked since you elect
ed me Alcalde. If ever try another case, =,
III try 1t with revolver on the table, and
Ii any man insults me, he shall receive the
contents of it. Gentlemen, stand in Cal
itorny on my own footing as a man, and, on
the responsibility Of the miners as ali AL
calde. come from old Varginny, g poor
boy, and went to MaZouru where I should
have been poor all my life, if hadn't mar
ried girl with poweraful smart sprinklin'
OF money. Then used to lay in the shade
with my babies, and it was her hearts de-
light to sit and see me do it. Icome out to
Cal'forny to replace them dimes, aud when
man assails my reputation, he assals the
reputation of man Of family, who hev
family duties to mind. left wife and
two innocent babies in Mazoura, and it
would be mean in me to come out here and
do anything dishonorabIe.
Gentlemen, the defendant hev huv out
some InSlnuations against my character
If he'd done any thing else, wouldn't keer,
but when my honor is attacked-I'd rather
die--oh-h-h! (Here the Alcalde had a
choking spasm of some length, and then
proceeded with cenched fsts) Gentle
men, Pm The littlest man on the river, but
l've got heart as hig as a round tent
That's why they elected me Alcalde because
was little man and had heart big
enough to do justice to round tent men and
miners both. Since I've been Alcalde, l've
always given 'em the right sort of Justice,
and as long as am Alcalde, mean to give
em Just what sort of justice suits me best
I'm no lawyer and don't know any kind of
law but common law, and everybody knows
that is nothing but common sense and jus-
tce, as we practyse 1t in Californy. Now,
gentlemen, want you to see if don't give
that defendant justice according to the com.
mon law of these diggins. Here the monte
table shook under an emphatic whack of his
fist, and the ink was scattered over the re-
cords of the court.) Now, the ink and the
pen and the paper and the defendant all 90
to hell together!''
He thereupon leaped upon the defendant,
and proceeded to administer ''the common
law OF Californy," in most superb style
When this operation was finished and the
defendant kicked out Of the seat of Justice
-videlicet, the round tent-the AIcalde
turned to the crowd and politely remarked:
sGentlemen, allow me to express my OBJ
legations to you for your presence, and the
attention you have shown me during this
trying ceremony. Toddle up, all of you,
and take tot. Then ! can beat any man
in the crowd at seven up, with an ounce for
the first Jack I"
In few days our title to the claim we
now hold, will probably be tried by this
man. The whole property may be worth
thirty thousand dollars, and may not be
worth an ounce.
From the Peoria Press,