The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-17

TIE ouest al poupcarfs ~as MATER 20 be sestssd
IN he ,eue ny compact With tho Sttte.
ule thty term lao states COO, ttntrooay ~ amend
las the present Constitute ,n the manner ny
N, son,tituncn2 Sush thing impossible. There
we're npmsrous pr,c.cep,s copsruing ths construction
Of he con.ttutun especially 10 case OF the State OF
Hlysonr, Ia the ancexation OF the Platte purchase
Iseh county IN The state typical and represen-
tative OF iDs various Atlantic States Each county
in The State had eil'rLt interests, and the ooject
WAS TO legslate and form q constitution and laws to
spIt each State. His constituency small, but
TIER rights must be protected, and he bad always
sage Of lis detrimental 10 their interests Upon
prin ipe of Political economy the division Of the
q oDs pass iu its prssen, fern but was willing t,at il
might be submitted 10 Tho people at the next election
Nj. FARLEY did not believe that the present the
proper time TO pass the bill and moreover he desired
the opinion OF the people TO be taken upon it.
Mr.. DOUGLAS moved the recommittal Of the bin to
select committee of piae members with instructions 10
report access TO the people Of California Tho me-
too was agredto and Messrs Douglas, Asai-y. ny.
land, Edwards, FerTen Wells Curtis, Hunt and howe,
were appointed such committee.
y The San Francisco Alta California OF sno list April
contains the following article IN reaaoA 20 di'ins the
An interesting aud animated discussions took place ia
the Assembly on ru'sdy, IN relaton 20 the dse o. OF
duced bill providing that California should DC divided
into three states, and on this The discussion arose
In fora or times tuis subject of ciy Op has como
~ Tor discutson We have invariably opposed 1T We
should 90 the same now with all our power were the
same objects AIMED at as have been in frmer years.
But this rept Cor division Is Invested o. the
tiona character OF those wbch been made oeore
yocape 1t lie 30 insane as N suppose possible that un
der light existing In tie State the dark institu
tsors have hitherto iiIed in every stempt they
have made TO tneraft the obnoxious institution upon
1be populsr voice II agains 1t in every part OF the
State, Wy heavy majority that whether II remain
dviosd into several States, confess to
,nsl fear OF ,bs dangerous and sectional institution
being introduced.
In regard to the pabed question OF division there Ia
that may be- ead on both sides The State is I'M
queol ably laJge Of different stions
ore TOO conflicting that aImopy feeling
10 correct legislation equal prosperity The people 10
not unjust pepse in their attendance TIE Supreme
Court they hesr little and know little OF their
laws and the manner OF making toem, that they c,u
have very strong attachment Of the State authority
On the other hani tbs expense Of three State
ments Womb be much greater than the expense Of
n ere would be officers and Gals to be
paid This, however, disguise it as may, will be
powerful motive in bringing about the division.
The most mighty argument, however, in favor of d.
yisor is this: that congressional representation
wculd be increased The importance Of tbs can hardly
be estimated and 1t will be this consideration that
will make the dvlsitn popular With the people.
There Is one objection however, to divaion of the
Stare at this time The people nave not been consulted
would take action on so important NATTER and there
fore member vas elected in reference to it. The
pie Ought first to be consulted There should be such
judgment tax but after the matter has boon fairly
dsc sed aDd toe people understand and have express
ed Themselves then will be time enough to act in the
matter. There coust tuional object Me- Dou
plass' BILL but those affect the abstract question
Of dyson and therefore let them pass Tor the pre-
sent very proper course, it seems U.S. was TAX
en- by the Assembly In reference to the ma ter com
20 an sas
issue OF division division will be fairly presented
the majority of the people stall be found to favor d.
vision, will be the duty OF all good patriots and good
democrats to cheerfuly assent to it, and IL the
~ decide otherwise they will submit to their verdict
with equal grace.
Important Fugitive Slave Case.
We find in the San jose Telegraph the folio wing report
Of an attempt at san Jose to iorce back into slavery
negro brought into California by his master Consido-
ra1e inn ia nd In fba DASH
large number OF co)ored men were brought into the
STATE under circumstances similar to those OF the de-
fepdant:-
Tao weeks ago. we alluded to the case OF George
Mitchell, colOrsd boy who was arrested and brought
teiOre Justice Allen, charged with ewing service and
labor 10 Jease Cooper of Tennessee.
Mitchell was brought into California in 1s49, before
the adoption of the State constitution by Cooney,
ana as ained here ever since The attempt TO car
ry Inn away made under the unconstitutional acts
OF our Lgiflaturt and the decisions Of Supreme
Btfoe Justice Allen, on the 18th April the counsel
dST the Dg19 made a9eccson for for ten
hearing accordingly postponed until the 10th at
mace to dismiss this case Pending the discua ZION Ct
ths notion the was moved from Justice Allen by
Bon G. p Hester Jueae OF tbs District Court In the
argument before Judge Hester the Iegros counsel made
the Following points,
ject OF fugitive slaves and cited the of Pennsylva
ma agt Prgg, l6 Peters, United states Reports, II I'LL
Martin all holding that State legislation the subject
was void.
20 They nssted that the Fugitive Slave law Of Cali
fornia expired the 14tn of April aud that the in
enced under it before that time
could not be finished on the itth April That the pro-
c-oinos juoice, aud the detention iie
gal ara yo.d NUMEROUS authorities were cited On
fhIs point one from illinois Reports, and another iron
Blackfords Indiana Reports, were especially relied
ihe learned Judge conceded with this view of the
case declared the proceedings subsequently TO the
statute absolutely VOID, ard that consequently Mitchell
was Illegally detained He accordingly discharged.
These procet dings occurred the l7th On the 2l,t,
another attempt made to reduce George to slavery
in San Francisco In the report Of the proceedings
fore the United States District Court, Judge Hoffman
presiding, we find the fol owing
An affidavit made in this court for the reclsma-
ton under the act Of Congress-, of alleged fugitive
slave Of the rsme of George, belonging 10 jesse G.
Irtsd States law Judge Hester of San jose having de-
cieed that the proceedings to reclaim him under the
gitise brought hero when California was Terrific
~ and the question OF law apparently is. whether the
tsen issl ed as YET but warrant Of ares. viii proba
bly, be taken out to. DAY.
The Chinese.
From the Sacramento Union, April 10.
quite interesting discussion yesterday In the
Assembly upon the bill proposing to exclude The Chinese
from tie mines, To 90 this suddenly it conceded
would be productive Of less evil, and subject
tbe Chinese in their unprotected condition to great sacr
fees and probable suffering IL would have precpitated
them by thousands into the cities aad agricultural
ties IN the valleys the seaboard where numbers
of them would be forced to steal Thou sands
assured would leave the State cid they possess
the means OF doing So and many hopefully looking
70 the mres for money to pay their passage back 70
their nstive land.
Time should be given to eLSble this strange people of
different tongue and race, to make preparation to
leave land In which they and must remain stran
gers
Acting this idea the Assembly adopted substitute
Tor the bill reported by the COMMITTEES, which proposes
10 irereaseprosp'cysy the monthly tax for
four TO six dollars month the Law to take effect
first day u next 0cober-n twelve moths time to be
increased TO ten dollars month We inclined to |
the opinion that the law should not have taken |
effect before the first OF January, 20 to have given
plenty OF time for tham to prepare for the change
bill is also before the House TO increase this
ton tax upon all foreigners incapable of becomios ci
zers so much as TO amount almost, II not quite to
prohibition Placed upon the grounds Of police regu-
ton, which In truth II and the State DIV
rnfe a n IN lauxs Is n fax