Frontier and pioneer life -- Oregon; Frontier and pioneer life -- Washington (State)
however, on his delayed return an abundant supply of provisions. His
partners during his absence, had located some claims, opened them and
found them very rich. But on his return, while they accepted the
provisions, they denied to him all accounting, and refused to
acknowledge his interest in the new-found claims. He brought an action
before the Alcalde for an accounting and for the affirmation of his
interest in the claims. The Alcalde, after hearing and fully considering
the facts of the case, granted both of the petitions. Up to this time I
had had no employment in the case and had taken but a general interest
in it. The defeated parties called a miners' convention, whose declared
object was the election of a judge of appeals for that and other cases.
My connection with the case commenced at this point. I was employed by
the successful party before the Alcalde, and by others, to oppose this
movement. At the appointed time nearly all of the miners of Jackson
Creek and its vicinity assembled in convention at the appointed place.
The feeling for and against the proposition was quite intensified. After
the convention was organized I arose and with some trepidation addressed
the large crowd. I was listened to throughout with silent and respectful
attention. I took the position, first, that inasmuch as the machinery of
civil government had not as yet been extended over that district of the
country, the Alcalde system prevailed, and thousands upon thousands of
valuable properties had changed hands by virtue of the Alcalde judgments
and decrees and their enforcement, and the property rights of many were
dependent upon the validity and stability of such judgments and decrees,
all would be endangered by the proposed change; that his ministerial
officers might be subject to prosecution; that under such circumstances
we had better stand upon the records of the past,--records as old as the
institution of mining in the United States. I further argued that if we
attempted to complicate affairs by the election of a judge of appeals,
and possibly by the institution of other tribunals for the correction of
error, we turn a system simple in itself, and beneficent in its
operations in the past, into a complicated farce. I argued in favor of
the probability of the Legislature, when it extended its machinery of
civil government over that section of country, passing an act validating
the judgments and decrees or providing for a liberal mode and time for
an appeal from them. My last point, omitting others, was that this
movement had its origin in, and promotion by, the parties defeated in
the Alcalde's court. If they had the power to secure a determination in
favor of a court of appeals they certainly had power to elect the judge
of appeals; that as this would be the first case to be heard by him,
they certainly would not elect a judge who was not favorable to their
interests; and that it had the appearance to me of a court organized to
convict or to reverse.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account