The Placer herald., 1856-04-26
When Doctors disagree who shall decide?

When Doctors disagree who shall decide?
In the last Placer Press we find good
column Of strong K. N. doctrine upon the
proprietv of altering the test, necessary to
entitle a foreign born citizen to vote
The law as it now stands in every State
and Territory of the Union, requires Of the
voter an oath regarding his qualifications,
leaving the party subject to a criminal prose-
cuton for perjury, if it should be untrue.
The editor thinks this insufficient as secur
ity against imposition, and urges that the
Legislature should pass an act requiring the
production of their naturalization papers
The editors experience among X. Ms may
have taught him that there is not much re-
lance to be placed upon oaths, and as a nat
ural consequence he comes down rather
rough on the unfortunate Irish and Dutch.
In announcing his views upon this quos-
ton, he suggests that the democrats will
probably "growl and abuse him. but we
can assure him that for one we have no such
intention. We do not believe the editor is
tyr of by the democrats We have known,
in times past, some Of them to support him
for office, and no absurdty Of his can at this
day induce them to act in other than com
mon sense, reasonable manner We shall
not rack our brains, as he has, to prove what
is possible or what is impossible. It is sufi-
cent for US to know that the collective wis
dom of the United States have throughout
all the agtations Of this question, for more
than sixty years last past decided in favor Of
the present rule.
The law has not been always as it is now
with regard to the qualifications necessary to
entitle an alien to citizenship, but we are not
aware of there ever having been different
test of the fact, at the polls
"Not only" says the Press, "is the un-
known man, whose appearance and accent
mark him as a foreigner, allowed to give oral
testimony concerning the proceedings Of a
court, but even the name and locality of that
court is left within the breast of this diSjn-
terested witness. What possible show under
Heaven is there for the conviction of such
men. When we consider the innumerable
courts within the United States exercising
the power of naturalizing foreigners, the pos
sblitv of proving a negative to these cleo
ton oaths is feartuly remote"
Here the editor comes in direct conflict
with the opinion of the Supreme Court of
this State, in an opinion delivered al the Jan
nary Term, 1856. The point came up in
the case of the People VS.. Freeland. One Of
the Grand Jurors who found the Indictment,
was challenged as to his citizenship, and he
answered under oath that be was citizen,
but did not produce his papers. The law
yers objected to his acting upon the case, and
carried the point up to the Supreme Court.
This tribunal, Murray and Terry upon the
bench, and both X. N's) in commenting
upon this objection say, The answer of the
juror must be taken as prinlo tacio true and
establishes his qualification, subject to be
controverted or attacked by evidence alieade.
The liability of criminal prosecution if the
juror swears falsely, 'ciU be found sufficient
safeguard upon the jury boz, without resort
ing to a rule which would enable naturalized
citizens to escape from jury duty &c, &c"
Now let it be remembered that the re-
quirements of trial juror are exactly the
same as those of Grand Juror, and it will
be sure that the fact of citizen or no citizen
when it comes to one Of the most responsible
acts in life is tested by the oath of the juror
Another fact is plainly set forth, viz: that
1.-THE liability Of criminal prosecution, if
the party swears falsely, is a sufficient guard
upon the purity Of the jury box"
Is the ballot box more sacred than the
jury box?-it may be equally, but cannot
more than enable party to pass upon mat
ters the life and reputation Of another, and
brings us to the point from which we started
when judges disagree who shall decide.
New STATE PRIsoN.-From the Granite
Journal we learn that the Committee Of the
Housa annointed some days since to examine