The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-19

onay ACT sSef passed oy That body, and wac plain
and !slpa violation Of the prominent priue
pie the disregard OF which blythe mother country led
10 the American revolution. II there single
pfiLcpie well Understood and inGexibly cherished by
the heroes ef that great struggle it self evil
dent truth, that taxation could not rlghtfuy ex,;
the government and the governed have some rights,
whivn right. ere mutual, and the exercise Of the
depends On the exercise Of the other and that while
lie the duty OF the citizen psy his taxes
iy the duty CT the government ut and the
rne to sheid him protection In his person and pro-
One cannot cont~m plate the astonishing provsions
ci,1ss s ACT without the ncst painful roget. Tex
teIced TIE revenue laws California, only
without alton in Congress- but without Civ
ing or ssio~ipg We any government at all. the act
| imposed upon Us bur thcns, but extended to
benefits ltprscticslly, although not In terms placed
Judicial snd ministerial power in III same hands;
thus akipy tine Collector OF the port OF Francisco
both the collecting oer and the judge Of the la in
csess in which he had direct interest himself; ard
VIXEN the Injured party complained. he Knocked
With dlusise show of Justice, by being referred
tie distant and Inaccessible courts OF Oregon aud
| the practice of Great Britain in transporting our
opie s,ross the Atlantic to be tried in England for
Jingle care. 10 my knowledge, among the many de,i
,iops of the Collector the correctness OF which
called w question WAS ever taken TO the courts either
of Oregon or Louisiana for the very plao snd 81 pie
ressor. that justice in such cases would have cost
more then it would have been worth VIXEN attained
The history OF all governments having colonies has
shown how natural and usual II is for the mother
eountryto opprsn, and a. the same time neglect, q
distant end helpless people 1t natural aud easy
for legislative bodies well for individuals To
tcrn preludced and dsparagng opnions OF Others AZ
a distance and thus ind pretexts for oppressive
sections while benefits are conferred with great reluc
isnce The fruits Of these exactioGs never TAIL to
reach the seat of the oppressor while the indignant
Complaints a the oppressed fade and vanish in ira
yelling over the intervening distance, and
heard or regarded
setibs evidence OF the truth of the great republican
maxim that oft and frequent recurrence ts first
principles indisprpsaby necessary to the preserva
! ton OF our institution in their original purity
California will always be among the most devoted to
tbis uet sentiment and while che has the honor sud
happiness to rem ain member OF the confederacy che
viii Girenuousiy psist hat justice be meted out
her by reiupdiDg The moneys thus Justly collected
This she owes 10 to her honor but above
all 20 sacred principle and to :he whole U nion.
Ths act ssems to have been passed Al the siose OF
/ the tesnep, when there not sufficient time for
calm and deliberate reflection and since the date of
its pa,ssge the attention Of Congress has been almost
wholly taken up with the consideration OF other
cures of more mme date and pressing mporance To
doubt that justice will yet be done California, Is TO
doubt the justice Of Congress; ard to doubt the ult
justice Congress is to doubt the justice of the
American people their capacity for selt mt
and the psrretuity OF our institutions
The question of revenue and expen dituY ee impcr
tsnt to individuals taInse, and States will necesss
rily occupy much ofyour attention OF the porary
State loan there have been issued bonds to the mount
Of two hundred and ninety thousand one hundred dol
lsrs, Of which the sum OF nineteen Thousand four
outstanding on the 18th December, 1850 the sun O..
tso hundred and seventy thousand, six hundred and
amount OF seventy one thousand, eight hundred sad
thirty Elk dollars and four cents, making the sum
total G. state debt created under
| ing attmporsry State loan, amount to the of
three hundred and forty two thousand four hundred
spa eighty. six dollars and four cents
In addition to tbi. there unre dee med Com troll
lsrs warrants to the amount Of hundrs and forty
two ttou.srd Dine hundred and seventy. four dollars
and twenty four cents, which, added to the outstand
ing thee per cent bonds and the interest due upon
them up TO Dec l5, would make the sum total Of the
Thousand four hundred ard sixty dolars and tventy-
The total amount Of recei pit. into the treasury 10
he her amC nfadt fhA If hyaa
| hundred and twenty tour thousand. nine hundred
! ard seventy four dosrs; while the expenditures up
TO the sams period amounted to The sum OF four
dred and forty seven tbCusand, one hundred and
fifty three dollars and eighty Eve cents leaving an
hundred and twenty. two thousand, one hundred and
seventy Line dollars and eighty I've cents
.nsins the aoth day of June 1851, amount to the
.um OF hve hundred and nineteen thousand five hun
bred and city dollars; while the estimated expendi
turss under the present rates OF compensation.
amount TO the sum OF fous hundred and Hipety.fve
thou,snd ,eren hundred and forty. seven dollars;
leaving an excess OF receipts over expenditures OF
t~sLty.thre thousand, eight hundred and three
dollars But should the ex penditures be reduced ae
sregested by the Comptroller to the Of two hun.
cred and eighty. pine THOUSAND tSo hundred and
three dollars and City cents and into the
main balance In IN. treasury. ou tn. so,h dsy Of
june 1851 Of two hundred spd thirty thousand three
bic TO the psymsn Mt Of the State debt
The act for the better regulation Of the mines re:
with serlous opposition in various portions of the
source fell far short OF what was confidently sptici-
patsd. tDoer the act there collected and paid
| into the TrasUry up to the 18th December the sum
OF twenty nine thoussnd seysn hundred and thiity.
ore dollars and sixteen centr; and the further OF
nne nine hundred and forty dollars yet
remains IN the hands OF l. A. Besancon, the former
II Collector Of Tuolunne county.
The necessity Of convsnng the Legislature for the
s,po,e o. psssIs an act TO proe.,: loan Tor to.
tuhect received all the consideration it's great mpor
lance demanded. Extra sessons Of the Legislatures
u ~ al ~. zen nj kaxa ks.n
frequently called, and not Of them, 10 my know
ledge has ever sqused the expectations Of its friends
,snien Of legislative sssembly. 10 heavy amount
at additional expense, while the benefits are matters
both houses could have been obtained. admitted Of
ZONE question; and whetbsr, when assembled ma.
joiity Of both houses csud have agreed upon biz Tor
creating State loan, wae more than problemstical
Our constiu tion only authorizes the Executive TO
convene the Legislature upon extraordinary ocee
,on' and to guard against the sbgse OF this power
the Governor ~ required TO state 10 both houses
sb'n as b.d The purpose for which they shall have
From this language as well az from the nature and
rsatn OF the case the extraordinary occs,ion con.
tsDplsted by the trainers o. the constitution be
sone lew and very in portsbt event. such q. the hap
psbbg Of other serious arising after the
atiourLEsIt Of the Legislature. and which could not
have Come under It's consideration wbi- ia rsgular
s.fsion The proprsty OF authorzipg loan In adj
ton to the temporary State loan Of three hundred
si,ature before lite cd OUR at but th. bill did no.
pare IL IL true that the State not then admitted
into the Union, but that event confidently sntci.
pated 1t 10 also true, that the &C. i'm posing tax
upon foreign mirer had not then been tested. aud
lad not then failed and the present financial condi
tion Of the State not then oreseen But mere
deficit In the revenue was not, In my opinion
extraordinary occasion - required 90 extra session
OF the Legislature The condition OF the treasury Of
the United States, ct the time President Van Bu-ss
convened Copgress in conseq OF the suspension
Of the ceposit banks, was certainly as critical e
present condition OF our state treasury and yet the
e,ut proved the actcn OF the President in thu.
to have been unwise md unnecessary.
Int hs nj her rful fC4 rAsln
principle that ad their due share OF Influence in form
Ing my opinion upon this question. - have effected
losn II WOULD have been necessary 70 issue bopds
running some tftesn or twenty years, an bearing
high rate Of interest Capitalists knowipg that the
money vas wanted only TO dsfrsy the .xp.n.
OF the civil standardization and not fer fhs purpose
or contracting some great permanent and proats.
ble Improvement, which ittslf would probably afford
the Of utima ate REIN mt would have de-
msIdsd there conditiors
The prsciic. Of contracting State debit especially