San Andreas independent., 1858-01-02
Taxation of Mining Claims.


thunders in the cities, to make out good
case, by securing the immense leverage
Of the commercial and agricultural inter-
ests to operate on the approaching legis-
lature, our opinion is still Unchanged
We are not in the least convinced that
the legislature has constitutional power J;
or, conceding that point, that it would be
wise and polite to levy a general tax upon
mining property. We do not enunciate
these opinions from the selfish motive of
guarding the private interests of friends
and neighbors at the expense of suffer-
ing commonwealth, and securing to the
miner the benefits of good government
without contributing to its maintenance
but because we believe the welfare of the
hardy miner demands that the State be
held to her strict legal rights in all at
tempts at governing the mines; because
we recognize the ownership of the mine
raj lands as existing in the Federal gov
ernment and because it would be utterly
impossible to render State revenue law,
in the premises, any thing but nuisance
upon the statutes and curse to the poorer
classes of the miners. 1t could only be
! claimed as courteous concession from
the miner to other interests of the State,
and we are of opinion that so much po-
liteness, however amiable, would be un-
wholesome to Independent labor in the
mines
In a late number of the San Francisco
Bulletin, (Dec. 2Sth,) appears an article,
urging the affirmative of the issue with
more than common elaboration and spe-
ciousness. The writer says
"The men of the cities and valleys have
complained that under the present SYSTEM the
burthen of supporting the State Government
falls principally upon them; and the workers
in the mountains have answered, that their
ductive, and that therefore they are hardly
able to pay additional taxation In our opin-
ion, this is question that ought to be tested
alone by the principles of right; If it is just
and proper that certain kind of property
should be taxed, this property should be as
sessed. Who it belongs to, is perfectly imma-
terial in the investigation"
All plausible enough, on its face, but
mere sophistry at last, when we call to
mind the fact that State cannot levy taxes
upon Federal property located within her
borders "The men of the cities and
valleys are complaining Of burthens
from which they cannot expect immedi-
ate relief. The debt of California, which
is the chief basis of our high taxes, was
the logical result of the circumstances
which surrounded our early history. The
State sprang prematurely into existence,
at a time when the machinery of govern
ment was necessarily expensive, and when
there was notangible property from which
revenue could be drawn to keep it work
ing. Hence the debt so unreasonably
complained of because we have nothing
to show for it but an Insane Asylum and
villainous Penitentiary. The evils of
the present day were not unforeseen by
the thinking men of so; but they belle
we'd there was energy and vitality enough
in the sailors and the ship, to live through
the coming storm. They based their
hopes upon the accumulation of property
from the departments of Commerce, Ag-
riculture and Manufactures, fostered by
the products of the Mines But it nev-
er entered into their plans to tao them !;
we were all thankful then, that Congress
permitted us to work where we listed, de-
manding no per cent. of our earnings.
The Bulletin further says
''In settling the question as to whether mi
ming claims should be taxed, three things only
have to be shown:
ISL nat mining claims are wealth, or
property
I'd. That they are protected by the laws and
the officers of the government; and
Sd. That they are not included in that de-
scription of property which, like churches and
asylums, public policy excuses or exempts
from taxation"
If 1t be true, as we have maintained
above, that all the title to mining property
resides in the United States. the first of
these propositions is not logically stated,
as it is clear that wealth may exist in
State, and yet be justly exempt from
State taxation If No | falls. the 9TH
er two propositions are inapplicable in
the argument.
AS long as the miners hold possession
as the mere tenants at acW of the Gene
raj Government, State tax upon their
possessions would only have the color of
law to back it-substantially, it would be
system of "black mail" If California
cannot sustain herself without this source
of revenue, the first step proper to be ta-
ken, it seems to US, would be to secure