The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-12
THE NEWS FROM CALIFORNIA.

mall company tnAt ne 8 justly
to this small annuity Of 81 200 900.
THE NEWS FROM CALIFORNIA.
NEUTRALITY-SUSPICIOUS.
Our San Francisco Correspondence.
SAN FRANCISCO, Jan. 20, 1853.
Cheering accounts received from every part Of the
State of the active resumption Of mining operations The
late cold weather-the most known in California
since its settlement by the Americanshas been succeed
ed by genial change and falls of RAIN the latter not very
heavy, but assisting TO swell the streams and dches
The active mining season now commences, except in
places far up in the regions Of storms and snow Agr
cultural operations have also been commenced FarmerA
ploughing their lands, sowing grain, and planting
trees and vines All through the mining districts the
fertile spots being prepared for cultivation. From
present indications, it is probable that every who
has . plot Of enclosed ground will plant treea
and grapevines during the coming spring. There
TO be general desire to the capacity Of the
mountain soil for profitable tage The lands north and
south Of San Francisco for many hundred miles are pro-
life in cereals and fruit In the NORTH where the staple
OF prosperity aurferous productions expert
ments to be made in agriculture with view future
improvements. The permanence Of mining towns de.
pends largely upon the value of the soil them or
culture. Little fear is entertained that they will provo
nothing inferior in this respect their gold yielding ca
pacity Indeed, the warmest friends of California hsvo
reason to be proud Of their adopted State. An
passed climate and generous SOIL rich In the precious
metals and yielding abundant crops, but Of ha
blessings Providence has accorded her. making homa
for the industrious and worthy not equaed any other
part of the world
CLAIMS
One Of the most important decisions far relates
the mining interests Of this State delivered by the
Supreme Court last week. The miners have always denied
the authority of the State their claims It appears
that the owner of mining claim, for which the Of
$50 GOO paid bad expended $500 in improvements
the claim He assessed for this full money
invested in mining Claims and the suit instituted To
test the legality of the The questions pre-
sened to the Court First whether under const-
tuition is in the power Of the Legislature mining
claims and next whether money invested in the purchase
and opening of such claims is within the provision
Of that portion Of the which provides the
levy OF tax Gall capital loaned, invested employed
in any trade commerce business whatever" The
stituton provides taxaon shall be equal and uni
form throughout State All property shall be taxed in
proportion to its value, TO be ascertained directed by
law" The objection raised heretofore to taxing this
species of property that the mines the property Of
the United states government are exempt from taxa
ton under the act admitting California into the Union.
The Supreme Court hold that the Legislature has the
constitutional power to tax mining claims and submit
them to such burthens imposed upon other
the Cour. cO%ss Ss coooasVe
that the Legislature, having expressly exempted mining
Claims from .ns operations Of the revenue act the Court
them, BY levyng the price paid for them which
would be partial and unequal mode Of ascertanng the
value and majority Of cases be productive Of great
injustice.
CHINESE LAW UNCONSTITUTIONAL
The act passed at the last session Of the Legislature To
the immigration Of Chinese into California and
which has been In operation October last week
pronounced unconstitutional by Supreme Court Their
decision based the opinion Of the Supreme Court
the United States the great passenger Capt Hos
sack Of the English ship Cyclone arrested for
pU nofSx-o ocpf(1 1p~
them in San Francisco He brought up before the
Supreme Court habeas corpus and discharged the
ground Of the act being unconstitutional This decision
opens up California 10 the unrestricted immigration OF
Chinese and other Asiatcs. They come after this
time in large or small numbers, just they please.
Their here highly injurious moral well
fare OF the State and though the decision has been
ceved with great favor in commercial circles there
not be two opinions 70 their extreme depraviy To
tempt to Chrstanze them would be a fruitiess task.
There nearly fifty thousand Mongolans here, and
incontrovertbe fact that not one.haIf y Of the num-
Der have renounced the doctrines OF Confucus though e
forts have been made during the last eight years with that
view 1t is an evil We will have to endure but it must
finally come TO the point Of forcing the into condi-
on Of servtude More is not necessary to be said ON
the subject as is well understood in all its bearings
THE VIGILANCE coMx1TEE--oNE OF THE RANsHED AWARDED
$1,000 DAMAGES.
Martin Gallagher, who banished from this city by
the Vigilance Committee in 1856 and who returned after
the decree was revoked as to him and others forced into
exile has recovered 50 0C0 damages against Capt Smith,
Of the bark Yankee The case was tried in the United
States District Court before Judge Hoffman, who awards
to the beant the sum named above damages the
injuries inflicted his reputation and for depving him
OF means Of living The facts Of the probably
KNOWN but the time passed since their may
have obiterated nearly all recollection Of them from the
m'1Ss Of the pSs' s was employed as
May, 1856, when he was seized by q band Of
wsi,snss Ian rv,a While sctng as guard In the service
week during which time trial took place-GaiIagher not
pronounced dsorderIy character pest TO society,"
and nuisance He then sentenced 70 banshmene
Gallagher Immediately after taken from the rooms and
placed board the Yankee which beating out Of the
harbor, and carried to Honolulu.
The decision Of Judge Hoffman has OF course given
offence TO the organs OF the committee who pronounce it
unjust and the result Of prejudice An appeal is to be-
taken to the Supreme Court Of the United States but a
Judgment so entirely in with the panest prin
cipes Of law cannot be disturbed Judge Holman con-
cludes his opinion as follows
No attempt was made to show that on any occasion
Gallagher had been concerned In frauds though
i was testified BY number Of the Vigilance Committee
stuier Of interfering with elections t presumed
ducnty) and Of general conduct Several respectable
heard Of his being charged frauds and
that they never knew him 70 have been inspector
S me- % ec cou1
been shown beyond all doubt and had his general repu
taton been that Of person concerned In election Frauds
witness could surely have stated where and what
elections he reported to have committed them. is
but just say thai the charge that the belants repua-
gagged election rows' and ballot box stufng is not
only unsusaned by the evidence 10 what his Character
vas but unsupported by any testimony a. 10 parculsr
which might Justly have given him that character
But, bss been already observed for injuries 70 bs
character occasoned by the sentenceo Of the Vigilance
Committee, this Court, In this proceeding abrd no
ndemnity for they cannot properly be said TO be the
consequence Of that portion Of the tors committed up
m him, OF which alone maritime court has cognIzance.
'z his abduction and transportation 10 place beyond
cas- But although the respondent in action
70 neid liable for AL the injuries the beant has
aned, ne nevertheless, responsible not only for tho
marine tort he has committed but for s natural and
essary consequences. BY receiving board his ship
md transporting 70 foreign country tho hbeant ha
he has knowingly assisted In carrying
alleged sentence, In violation Of the sacred rights Of
zens, and has made himself pdvticeps cyinsnis 20 far