Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1859-02-12

We have heretofore avoided Q discussion Of the
action Of the Legislature upon the DuncNmbc case,
not because it did mt meet with our approval but
from the fact that the question involved was purely
legal unc, and We have never claimed for ourselves
great skill as eXpounderS Of the laws. We Ind not
deemed the decision or the Legislature one based on
partiIan grounds. No object Vi party ends was to
he accomplished in that matter. let the decision be-
either for or against Dr Duncombc
The relative strength or parties not such that
his vote. upon any party question, could by any
possibility control the result aud One has chRrg
ed that tue action Of the majority prompted by
any motives of personal feeling towards Duncomhc.
So far we could perceive legislation would take
its usual course, affected but little, il any, either by
the presence Or absence If the member hose eligi
bility was questioned. The question being more
judicial than political, we preferred not Modelling
with it, till il would be decided by the judicial tTi-
buuAls Of the country. whose drciSiun whether ia.
vOrable adverse to the actiOn Of tho Legislature,
We intended TO be satisfied with. Had Dr. Dun
COmbc or his friends believed he had been oulrag-
ed, as they claim, or that any VI his rights .
citizen, had been violated, they would have taken
measures to have brought this matter before the
Courts and there have procured judicial nterprc-
tation Of this much mOo,ct question and had they
so proceeded aud procured u decision adverse to
that given by the Legislature, no partisan feelings
nor desire to sustain the ac.un ofthC majority could
influenced us to have differed frnm the Interpretation
our Judges would have given tn the law,
But different course haS been adopted. Neither
Or, DuncOmbc nor his friends have shown any dis
position to have judicial action upon the matter but
have adopted u course more cnnsouAnt with their
discretionary feelings by appealing IN the people
through the press for u reversal by lhcm If the nc
ton Of the Legislature, This being the tribunal by
whom this matter is tn be iriOd, are licensed to
practice in that Court and have determined To pitch
in.
DR.. Duncombe, when tcstif,ing beE,rc the COM
mittce Of the Legislature, stated that "hc was born
in the United States, removed IL Canada, British
Province, aud there tnnk an oath of allegiance TO
King George III, his hrrs aud SUCCESSORS forever
that after this he elected 10 and held the Office
Of member of the Provincial Parliament Of Canada
that during the Canadian rebellion he became Oh.
noxous tn the government and had tn Zee the cuun.
try, when he returned again To tho Cntcd States,
upon which lie claimed the rights Of an American
citizen.
The first question that arises in this discussion IL
the fright Of voluntary repatriation"
The distinguished counsel for Dr. DMncombc, enl-
inent for his legal ability and analytical mind, de.
MED this right and attempted tn sustain his position
by showing that, by the common law, il did not ex.
ist, aud that We had adopted it IA the law of this
State, The error f counsel consists in this: We
have only adopted the common Law 10 a mudiiicd
exteut,-the language M the statute being" The
common law If England, 81 fur MS il is not rrpugnant
to or Inconsistent with the Constitution "f the United
States. or the Constitution or laws or the State III
California shall be the rule Of decisun in all the
Courts Of this State" II, however, it should con.
hict with any Of these, il ceases IN be the law Of the
land.
The Constitution of the United States declares
4 that " Congress shall establish u uniform rule al
Naturalization" Congress has established that
"unifTm rule" which dcclarrs-" That ANY alien
being free white person. may be admitted to bccon,
citizen of the L. 5. or any of them" &C.; and il
matters mt whether he has first obtained the con
sent of his native government Wr mot
Now, we AJAX u candid reader whether that pr,v
sion Of the Constitution aud the net Of Congrrss un
der it, are rcrugnant to the common law or not
which declares "Oncc subject alwayS q subject
Then the authority If the common law can be oG n,
avail, because that PARTON of il never has beer
adopted in this StaS for the REASON that il is rcpuy
nOnt to the Constitution VI the United States.
But it is further urged that DR.. Dunconbc mus
be citizen, because il he is not there is nv prnvi
sion made for his becoming Que. Tho same urvu
ment would Pruvc that the negroes Of Africa an,
the Monaghan of Asia become citizens, after acqur
ing residence in THE State for there is no pruvi
sion for their naturalization.
II may be that at the time our naturalization law.
were framed. no case like the present one was con
templated -dreancdOG The Roman Cnmmonw wealth
in its palmicst days and when most distinguished
enacted no law for Furnishing parricidc, not tina
it was considered no ocnsc, but because the otiens
was 50 enormous NO one was deemed capable Of il
commission. And it may be that the trainers O
the naturalization laws never deemed Il neccssar,
to provide for case like the presently which the,
had every reason for surprising never would arise
Or 1t may have been intended as . penalty upoI
those who. born in this land Of political and rcli
giOus liberty, would voluntarily fOrego their privi
lCgCs to give their aid and Countenance to the dcs
pOtic institutions Of monarrhical governments
against which We had warred from our earliest his
| AuetS ~ NhCtu Cau OC no CACuNC, no phr0OI
for crime 90 unnatural
We must cOnecde the doctrine Or voluntary OK
pariation, fr il we deny II We stuify ourselves an,
are every day encouraging perjury when We rcquirv
our naralxed citizens, in taking the oath Of aIlcEi
ance t0swcar that they "ortrer abure their alleHi
| ancc to their native prince or sovereign"
Our government recognizes this dOctrinc Whcncv
or she proposes 10 protect her nAturali1ed citizens
from the claims Of their native government, which
she has repeatedly done. She recognized Il whcr
she refused tn inlerrt~e in behalf Of Walkers sol
diers IN Nicaragua upon the ground that they wrr,
citizens OF the Z. =, l-annOuncing the dOctrinc tina
they had voluntarily expatFiated themselves auC
thereby forfeited their claimS upon our government
fur protection. She did inteFpoSc, but abe placed
that interpretation solely the ground of h1ndnity
| Then by our own laws aud In strict accOrdanc,
with the untlrm action of our government Dr
DuncOm6c could cxpatrIAtc himself That he be
| came citizen Of the Canadian government a Brit
sh subject" he admits. Having becume such, b,
cannot show any Law, custom or instance where
citizen OF that or any other foreign power became
citizen Of this government by rtsidcRce merely.
| --SSS&
| WkArHER.-The much.Necded, lnng.wishcd for
reviviIying "a IA do Long, rain commenced fallinI
on Sunday mnrning last, and continued almnst with
out inlrrmisSion, occasionally blended with hail anC
snow, until Thursday night, Copiously and glec
fully. ex0ltantly and "R'AgniRcently," "sparklin,
and bright" Il oPered on our rWf Frightening thi
eye. giaddening the heart, QUickening the pulse
warming the blOod (hOld on-ihere's screw out a