New-York daily tribune., 1859-02-12
SUMMARY OF THE FoRTNTGHTs NEWS.

SUMMARY OF THE FORTNIGHTS NEWS
Prom Our Own Correspondent
sAs Francisco, Jan. 20, 1882
Judee Hoffman Of the United States Court rendered
decree the 18th inst, in the case OF Maitin Gal
sgher sgt. James Smith, master OF the bark Yankee
Gallagher Yves exled by the Vigilance Committee for
baIlot-box stufing, and rowdysm, and general bad
character and siter the decree Of bsoishment, was
taken, with soIne other exles, by the Committee to
the bark Yankee, then just leaving port for Honolulu
and put on board that vessel which took them TO the
Hswaan Isands, and there landed them. After the
dssrees Of bsnishnept revoked, Gallagher re-
turned to this city, and sst Summer, about two years
after his transportation, he commenced suit for $2O
600 sgainst Smith, and the Yankee, of which Smith
wss part owner. The vessel was released some time
since, and the Captain alone is responsible now
Judge Hoffmans opinion Is too long Tor Pubhcation
entire and II would not be interesting to most OF your
readers. The following extracts, however, may be
worthy Of place:
"No sitsmrt was made any occasion he had
6ed BY member the Vigilance Committee that he
,ss By that body Of % sS5 q q 5.
conduct several respectable witnes.es affirm that h reputation
don suds and that they MIN be Inspector
tally clerk at election II bis character had been SO n0o
yond doub had bis general reputation been that Of
percn in election frauds some witness could surely
committed them 1t but a,t 70 that the charge that the
q
always engaged in election and ballotbOx stqins
by the evidence to what his character
which might Justly have given him that character
"Ibss appeared to me that for Of this kind highland
ed and deliberate In open aud eonteuPuous violation Of sup
s,srnDaIy 5ss,e IL i. ot he las, mportance that
and agents Of ships should learn that wbseye be
ies q may usMp and for time sSeree imPo
n o of Il. Stat ss s. S %. the he ys . Sa
supreme That tbe Of Vigilance Committees,
ees.n no, 20 BE- the scene nor Gucosn Vessels ina
asnts for the execution Of their decfees'
i know Of my own knowledge that Gallagher had
been man of nOtorously bad reputation for several
wears pre yious to bis banishment, bat do not know
whether the fact proved by the testimony IN this
case. The decision has created no little exc ement
here as we suppose that AL the exles will bring
suits for damages against the wealthy shipOwners and
sbip-captains who transported them. The Vigilance
Committee, or the Executive Council, at least, have
determined to fight tins to the last carrying up
brst 20 the United States Circuit Court and then 10
the Supreme Court 1t is very clear 10 me- however,
that Gallagher has the forms of law, though not the
substantisls Of Justice bis side, and that he viii
ultimately prove victorious. This business of violat
ing the Constitution and laws of the United States on
grand scale is apt 10 bring one into trouble, even
though il be done with the best motives.
The State Senate is discussing resolution instruct
ing the State Attorney General to intervene IN the
case Of the United States Andres Castlero the
ewAlmajen Injunction suit, and claim lat the Stste
IT, by virtue OF her sovereignty, the exclusive owner
of the quicksilver mine Under the old English law,
the monarch or sovereign is owner Of all mines and
some lawyers in California assert that the State being
sovereign the successor of the king in the ownership
Of the minerals. This doctrine was asserted IN o3 by
Supreme Court, but the Legislature thsn repula
ted the doctrine The Snpreme Court hiss since re-
versed its earlier decision, and holds that the mines
belong 10 the Federal Government, and now the Leg
slauTe disposed to take the contrary doctrine
Perhaps however the purpose of the Senate Is only
70 have the matter decided and finally settled; and
indeed IL is highly important to the welfare Of Calfor
-. hat har shonld FIR all Nyho
does own the gold and qai i'ksver m'res Where pre-
eious metals are found on land belonging to private
individuals there are three caimants-the United
States, the State, and the landowner; where ON pub
he land, there are two claimants.
Californans will learn with some interest that Thcs
s. King has retired from the editorial management of
The San FranciscO BRletig, and tbSt, if report be
true his place is to be taken in the course of few
months by James W. Simonton, formerly Washington
correspondent of TIE N. Y. Times The Bulletin his
acted very prominent part in the public affairs of
California for the last three years; although much
objection might be taken TO its vruert personal art
c,es and with justice, think could truthfnly
deny that it has been Of the ableSt papers in the
Uncp, and more neatly printed, and on better paper
than sry other daily newspaper IN the world.
The clipper ship Black Hawk sailed from here day
before yesterday for Jarvis Island to get cargo Of
gpapo This guano discovered three four years
ego, aud the American rigate Independence AMI war
soop ST. Marys went to examine il, and hnd whether
was worthy Of seizure, and the cspsiuS Of the ves-
seis reported the gusno bad and the Island worthless
taken ont Of the guano by rain. Some chemists pro-
Aopnctd the guano good and in June last the clipper
shp White Swallow went ard got load Of it, and
took II TO New York, where il yielded profit OF
$l4,00O to the shipper The Island nov claimed by
an American Company and an American flag f:es
over 1t. An American, the.agent Of the Gnano CON-
pany, has gone 10 make his home upon IT,
The Legislature Of 1858 passed act last Spring
TO prohibit the immigration of Cinnamon into this
Stale after the LIST of October last and about two
weeks ago the act violated, for the first me- by
the arrival of the British ship Cyclone from Hong
kopg, with eighteen Cinnamon. The esptsin was
arrested for violation of the law and at taken
before the Supreme Court habeas corpus That
dbana decided the act to be Of no force, but their
opinion has not ye, been pnbbshed. 1t understood
however, that they deny the power OF State Legis
furs To prohibit the immigration Of auy class of peo-
PIE On indifference with the exclusive right given
ey the Federal Constitution 10 CoagIess TO reg alsts
commerce. lie transportation of passengers is CON-
mefcisi IN is nsture. Another bill to forbid tbe mmi-
grafton OF Cbipsmen is now before the Legislature,
The following Is the State Conirciers estimate of
the receipts ct the State Treasury fr the tcsl wear
ending June 80, 1859;
Property
fo1 tAa.'. 10000
minefs hceDeee loo
Passenger bIoker licensss. 2nOO
ktase hesnses
stamp 10000
tssnr and over flowed @oce