Amador weekly ledger., 1858-01-16
Homesteads and Mininc Claim.


day last says:
The Sacramento Bee wants to exemnt
homesteads, $4,000, which the same Jour
nal wants increased TO $l0,O0O), from tax
atlonl Wonder if the Bee joins with most
OF the city papers in demanding a tax on
mining claims, Notwithstanding the miner has
no homesteadp
we don'trecollect advocating that's a home
stead to the amount of $40 900 should be ex-
empt from execution, but if change is to
oe made In this respect, we are for Increasing
the amount over $4,000 rather than have it
reduced. Neither have we demanded tax
on mining claims, for several reasons:
First. We doubt the power of the Legis-
lature to impose any such tax. The land.
and we think the minerals in the land belong
to the United States, notwithstanding the
opinion Of our Supreme Court to the contrary.
And if this be so, the State has no more
right to place burdens on citizens of the Uni
ted States who work the mineral lands than
sne has to tax the agricultural land that is
public, to those who labor upon it, And this
latter, she has not attempted to do-on the
contrary, SHE admits the want Of power.
Second. We believe that the mining coun-
ties know their rights and have power in the
Legislature to maintain them If they are
willing to pay a tax on mining claims, we
have no objection; and If they are not willing,
they have the numerical force to prevent the
passage of any suoh law.
In advocating the exemption of homesteads
from taxation, we have no desire to add to
the taxation of the mining counties, but SIM
ply TO make the large grant owners of the
vallles support the government to large ex-
tent and thus oblige them to dispose of their
millions Of acres, at fair rates, to the farmers
who are upon them, or those who desire to
purchase them. This, we think, would be
beneficial to the whole State, and certainly
could not iniure any portion of the mining
population We have already suggested to
the members from the mountain counties, that
when an effort shall be made to pass law
taxing mining claims, that they should meet
it with proposition to exempt the homestead
OF every family from taxation, and insist in
bringing the whole Constitutional power of
the Legislature, as Gov Weller says, to
crush out these great land monopoles. If
the mining counties viii mite on such pro-
ject with those from the valley counties that
are favorable to it, they need have no fear
that mining claims will be taxed 1t is true
that the Constitution says that, call property
in this State shall be taxed in proportion to
its value to be ascertained as directed by !
law;p but it is notorious fact that we can
not levy tax upon United States property
in this State, and that we do not tax State
municipal or county property, fire engine
houses or lots, or public Libraries, orcoleges,
or schools, or hospitals, or poor houses, or
churches, or grave-yards, or the property Of
widows, or orphans, to the amount of one
thousand dollars, or growing crops, or mining
claims. And we may add that by the act Of
Congress, of Sept 9, 1850, providing for the
admission of California into the Union, il is
expressly stipulated that the State of Cali
fornia "shall never lay any tax or assessment
of aay description achatsoeter upon the public
domain of the United States"
All property in the State then, cannot be
taxed, aud above all, no United States prop
erty, and it is within the power of the I.cgis
latefc to say what may be exempt. And if
the Constitution protects the homestead it
expressly declares that 'the Legislature shall
protect by law from forced sale, q certain
portion of the Homestead and othsr property,
of all heads of families" How then, under
the Constitution can the homestead be sold
for taxes, any more than for other debtsy
Eyes, but the Supreme Court has decided
that it is not in the power Of the Legislature
tc exempt any species Of property however
owned, from taxation"
Aud we answer, it has decided just the
contrary 50 far as its opinion is worth any
thing on this point, we have it on both sides.
- Sac. Bee.
1t was through San Francisco paper
the Chronicle we beleve--that we were in
duced to believe that the Bee advocated an
increase of the homestead to $4,000