The Nevada Democrat., 1859-02-02
Assembly ProeeedIngs-The Duncombe case.

Assembly PrOceedIngs-The Duncombc Case.
The case of Mr.. Duncombe was brought up
in the Assembly, on Monday, Jan. oath. on the
motion of Mr.. Sloss to reconsider the vote by
which Mr.. Duncombe was ousted from his seat
in that body. The Assembly. of course, refus-
ed to reconsider the vote, after which the fol-
lowing Protest was presented by the minority
who asked that it might be entered on the jour
nal:
PROTEST
WHEREAS, the Assembly of the State of Cali
fornia, at its Tenth Annual Session, did, on the
2lst day Of January A. ID. 1859, by resolution,
declare "that Cbas Duucombe, mem Der elect
from the county of Sacramento, having taken,
and being still under an oath of allegiance to
the British Government, is ineligible to a seat
in this House," and. whereas, it appears from
the testimony submitted to the House by the
Committee on Elections that the said Duncombe
was born in the State of Connecticut aud some
time about the year A. d. 1917 emigrated to
Canada, and there took an oath of allegiance
TO the King of Great Britain; aud that subse-
quently, about the year A. d. 1887. he returned
W thC VI CtdtGS, duu nus SiHCt lciudlutu II
resident thereof. exercising all the rights and
immunities Of a citizen, which, according to
the best Information he could procure, he be-
lieves 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
but that an outrage has been perpetrated, and
the rights of an American citizen and his con.
! stituancy violated, and wrong done to the
] Al II tr,ll.,
ter this our most solemn protest against the
action of the Assembly, assigning for our rea-
! sons.
! First That we believe that Charles Dun
combe is a citizen of the United States, and
has not by his oath of allegiance aforesaid, for
feited any of his rights. but that said allegiance
to the King of Great Britiau as temporary
and local, and by the Common law both o
England and the United States, ceased upon
his re,urn to the United States, with the inten.
tlOn OF remaining therein. In this opinion, We
are confirmed by the uniform decisions Of the
Supreme Court of the United States-by the
decisions of the highest judicial tribunals in the
different States, by the opinions Of the ablest
and best jursts that any age has produced, by
the appointment of the Hon. Robert j. Walker,
| as Secretary of the TTeasury-whOse status was
! similar, and by the action of our own Courts
of respectable authority as touching cases of a
| like nature.
| Second We hold that il is unjust and tyrani-
cal to deprive native citizen of the United
States of any of his rights OF citizenship with
out the sanction Of positive aud specific enact
ments, whereby he might know with Gel tainty
how far he is permitted to 90 without forfeit
| ing his rights or how far after forfeiture with
out crimiuaity, he may proceed to secure a
restoration of those rights which are So liberal
! ly extended to all the world beside.
Third That the Assembly, or even the Leg
islative power of State. is not the proper tri-
bunal to declare who are and who are not cti-
zcns Of the u. S. or whether citizen may or
may not expatriate himself; but until Congress
shall otherwise declare, person born in any
| State of this Union is a citizen thereof, and
owes an allegiance thereto, from which he can
not absolve himself without the expires and alb
solute assent of the Government. And,
Lastly, That by adopting the arbitrary and
unusual standard or rulc Of decision by which
they assume to decide upon the political rights
of citizen, they, in effect leave open those
political rights to be determined by the caprice
and partisan necessities of all bodies who may
succeed them thus leaving the citizen without
the means of ascertainng what that rule might
be, that his actions may comport with It's re-
quirements.
SO believing, we ask that this, our protest
against the adoption Of the resolution by which
Charles Duneombe was declared ineligible to a
scat 10 this body be entered upon the Journals
of this House.