The Nevada journal., 1852-05-01

, In the case above referred to, involvir|
: the question whether the statute Of Mel
] York, imposing taxes upon alien passenge,|
arriving in the ports Of that state, was col
trary to the constitution Of the United State
five of the judges Of the supreme court d,|
livered their opinions in the affirmative an
four in the negative. In delivering his di
sentinE opinion, Chief Justice Taney ri
marked, that "tfe first inquiry suggested 81
these cases, was whether, under the const
tuition Of the United States the Federal CD
vernment has the power to compel the sew,
raj states to receive and suffer to remain n
association with its citizens, every person q
class OF persons whom it may be the polic;1
or pleasure of the United States to admit J
and he proceeded to say, that he thought !
"very clear, beth upon principle, and thy
authority Of adjudged cases, that the sever,
states have right to prevent from cnterin
eshe state, any person or class or descriptio
Of persons, whom it may deem dange,
ous, or injurious to the Interests and wed
fare of its citizens; and that the state hal
the exclusive right to determine, in its soun
discretion whether the danger does or dec|
not exist, free from the control of the ecnci
ral government.
But without further reference to tn, !
able opinion delivered in this case b.
MIR. Justice Taney, will remark tha{
the principle involved in the recommen
dation that ! have made, does not an |
pear to mo to be entirely analocuos /,
that contained in the statutes OF Ney
York and Massachusetts,, and declared
to bo unconstitutional oy tho Supremj
Court of tho United States. In thos,
cases it was proposed to impose ia
upon free white per,ons,'' who could
acquire the rights of American citizens
But, in the present instance, it is pro
posed to tax persons who, it is believed
cannot assume the obligations imposed
upon, nor acquire the civil or politiea
privileges Of citizens of the United State,
In those cases the public health was en-
dangered; but it is believed that in thi.
instance the most vital interests of the
State and people, and perhaps, the pub
lie poace, are ut stake. Whether the
objection raised by the Supreme Court
to the statute of New York, that it was
regulation of commerce. and that
therefore, it was void, would apply TO Al
statute of this State, imposing a similar
tax upon Asiatics, | must leave IL to
you and to other tribunals, to determine
There is no official informa tion in this
Department touching the nature Of theI
contracts said to have been madc with
Asiatics by their own countrymcn, or|
by foreign residents in the Chinese En-
pire, to work in our mines. IL is not
officially known to this Department
whether those persons are here in state
OF voluntary or Involuntary scryitude |
But if it be ascertained that their immi
grafton and servitude is voluntary, | am
still of the opinion that the Legislature
may enact laws to prevent or discourage .
shipments Of vast bodies of Coolies into
this State. am convinced not only
that such measure is necessary, but I
am also convinced that there is nothing
in the Federal Constitution which for.
bids the enactment of such laws.
1t is a remarkable fact that the Trea.
ty concluded at Wang Hiya, on the Sd
Of July, l845, between the United States
and China, contains no provisions in re-
lation to the civil or political privileges
which the subjects Of the Chinese En-
pire, immigrating to the United States,
shall enjoy. 1t is true that this Treaty
guarantees important commercial privi-
legcs to our citizens; but in the exercise
of these privileges, no encroachments
are made upon the rights or the proper.
ty Of the subjects of China. The mea-
sures which have now recommended
you to enact, would not, of course, ius.
tify any retaliation by Chinese upon
Americans residing in that country.
Indeed, in view of the fact that in all
the governments OF Europe and Asia.
foreigners are excluded from mines, and
in view Of the further fact that in those
countries the precious metals are com.
monty retained by tho government to
the exclusion even of their own citizens,
it is not easy TO believe that the Chi
nese will urge objections to the mca-
sures which have here presented, if
adopted.
1t must be conceded, that the extra
ordinary wants Of this State will de-
mand novel, if not extraordinary lcgis-
lation. The history and condition Of
California is peculiar--is without pai-
allel. Her resources, like her cxigencies,
are without precedent, In framing laws,
therefore, 10 meet such exigencies, it is
clear that we cannot be guided entirely
by precedents, which have been ostab-
lished in the common course of events
in other States. But though our con-
dition may sometimes require depar.
lures from precedents in the enactment
as well as in the execution of laws, we
should not fail to follow the Constitu-
tion, both as cur chart and as the pal
ladium of our liberties
Having thus performed one of the
most important duties which will, per.
haps, devolve upon me during my term
of office, | commit this subject to your
care, and entreat for it your careful con-
sideration. JOHN BIGLER.
DUEL. affair of honor" came off
la or xraot bat txrn A;snsv,l IS