Daily national Democrat., 1859-01-27
The DuncOmbe Case.

The following is the protest against the
action Of the House in refusing Mr.. Dun.
combe his seat which the majority, in viola
tion OF the I'D rule, by which they pretend
to be governed, refused to allow entered upon
the journal. The rule reads thus: at shall
be in order for any member or members to
protest against the action of the House, and
have such protest entered upon the minutes. d"
But the protest was little too severe for the
nice sensibilites of the conscientious maiori.
ty, who could vote like partisans but dread
ed comment upon the proceeding. Here is
the protest which these savans were afraid
to have entered upon the minutes:
PROTEST.
WHEREAS, The Assembly of the State of Cali
fornla, at its Tenth Annual Session, did on the
2lst day Of January. A. ID. 1853, by resolution,
declare that Chas. Duncombe, member elect
from the county Of Sacramento, having taken
and being still under an oath of allegiance to the
BRITISH Government is ineligible to seat in this
House; and, Whereas it appears from the test-
mony submitted to the House by the Committee
on Elections that the said DUncombe was born in
the State of Connecticut, and sometime about the
year A. d.. 1917, emigrated to Canada, and there
took an oath of allegiance to the King of Great
Britain; and that subsequently, about the year
1887, he returned to the United States, and has
since remained resident thereof exercising all
the rights and lmmunities of a citizen. which, ac-
cordlng to the best information he could procure
he believes he was lawfully entitled to do.
NOW, therefore, we the undersigned members
OF said Assembly cOnceiving not only that gross
injustice has been done to said Duncombe bnt
that an outrage has been perpetrated, and the
rights OF an American citizen and his constituent
cy violated, and wrong done the members of
this House, would respectfully enter this our
most solemn protest against the action of the
Assembly, assigning for our reasons
FIRST, That we believe that Charles Duncombe
IS citizen of the United States, and has not by
his oath of allegiance aforesaid forfeited any Of
his rights, but that said allegiance to the King of
Ureat Britain was temporary and local and bv
the common law, both of England and the United
States, ceased upon his return to the United
states, with the intention of remaining therein
In this opinion we are confirmed by the uniform
decisions of the Supreme Court of the United
States-6y the decision of the highest judicial tr-
bunas in the different States; by the opinions of
the abest and best jurists that any age has pro-
duced, by the action of the United States Senate
IN confirming the appointment of the Hon r. j.
Walker, as Secretary of the Treasury-whose
status was similar, and by action of our own
Courts of respectable authority as touching cases
OI IKE nature.
Second, We hold that it is unjust and tyranni.
cal to deprive native citizen of the United States
ofany of his rights of citizenship without the
sanction OF positive and specific enactments,
whereby he might know with certainty how far
he is permitted to go without fOrfeiting his rights
or how far after forfeiture, without crimnality.
ne may proceed to procure restoration of those
rights which are so literally extended to all the
world besides.
Third, That the Assembly, or even the Lepislo-
tive power OF State is not the proper tribunal
to declare who are and who are not citizens of the
United States, or whether a citizen NAV or
may, not extripate himself; but until Congress
snail otherwise declare, person born in any
State OF this Union is citizen thereof, and owes
an alleg ance thereto from which he cannot alb
solve himself without the express and absolute
assent OF the the Government. And,
Lastly, That by adopting the arbitrary and un-
usual standard or rule Of decision by which they
assume to decide upon the nntical rights Of q
citizen, they, in effect leave open those political
rights to be determined by the caprice and parti-
san necessities of all bodies who NAV succeed
them; thus leaving the citizen without the means
OF ascertalning what the rule might be. that his
actions may comport with its requirements
50 believing, we ask that this, our protest a.
gainst the adoption of the resolution by which
Charles Duncombe was declared ineligible to a
seat in this body, be entered upon the Journals
Of this House