The weekly mountain Democrat. [volume] (Placerville, El Dorado County, Calif.) 1861-1862, 1861-02-02
OORR5sPOEDzREOz.


Downey, like almost all Of its predecessors. has
much in it to earnestly engage the attention Of
tho law. makers nj Sacramento, as well as the
people themselves; but unfortunately for the
people, alas for all things human, there nre
some passages in the document which do but
little credit TO Ills Exccllency-thc author.
While the Governor, in n clear, Ineligible,
succinct style, worthy Of praise and imitation.
sets forth the condition Of the public affairs
aud makes many sound and judciOus recon.
mendatOns, be at the same time makes some
and admissions that Il is to
be regretted neither do credit to his head nor
his heart. The Governor seems somewhat dis
appointed and displeased at the amount Of
revenue derived from "p0I ELrSs," ard sayS:
." would suggest that no one be allowed to
vote who has not paid his poll tax"
.icriient sometimes places men in positions
which neither nature nor education ever de-
signed them to ill. The whole history of Cali
forna may justly be called chapter ofaccidents
She has suffered from accidents Of every
kind, and much Of her suffering has been caused
10y being under the government Of Gccidencies.
The Constitution Of the State Of California, tie
supTrmo lar # tie state, for the purpose of
checking hasty or unwise legislation, or the
passage Of unconstitutional laws, has granted
TO the Governor the retO power. What, then,
must be Thought Of the qualification to fill that
important trust, Of the man who makes on nm
constitutional recommendation in his message?
In reference to the "riga IF SnFrdgc," the
Constitution Of this State, Article I'd, says
Every white male citizen ofthe United States,
aud every white male citizen Of Mexico, who
shall have elected to become a citizen Of
the United States, under the treaty Of peace
exchanged and ratified at Qucrctaro, on the
Both day Of May, l54S, Of tie aye Of trsntyone
yror~, whO shdA hare been resident of the STATE
sic monfhs merit preceding tie election, and tie
county or disirict in whih he ciiims his rots
Mirty d1ys, ShaN BE- entitled 10 cote at al ei,cti9ns
which are nor or hereafter may b. authorized By
Mr."
Again. the latter clause Of the 18th Section
Of the 18th Article Of the Constitution, says:
1.-THE privilege of free suffrage shall be sup.
ported by laws regulating elections, and pro.
hibitng, under adequate penalties, nil undue
influences thereon, from power, bribery, tumult
or other improper practices"
Article II, Section 10. SAYS: "Taxniion shall
be equal and uniform throughout the State.
All property in this State shall be taxed in
proportion TO its value, 10 be ascertained as
directed by law"
The trainers If the Constitution evidently
intended, and in language not easily misdndcr-
stood, to fix the qualification u voter in the
fundamental law Of the State and in suisse
qucnt clause, directed that laws should be
PASSED protecting the voter in his constitutional
rights.
No constitutional lawyer could for a moment
hesitate IL pronounce any law requiring tax.
property, or any other qualification, rs nncon-
Stitutonal and void. The Constitution la wing
fixed the qualification II voter, the Lcgisa
ture is thereby cst"ppcd and drbarrrd from i'm.
posing any additional qualification To entitlc the
voter to his right Of suffrage.
From a careful reading OF the Constitution of
this State, in relation to taxation, doubt must
at once arise, us to whether or not the whole
Law in relation to pull tdres is not unconstitu.
tional.
The Constitution evidently intends property
! to be the basia of taxation, as II speaks Of mo-
thing else as taxable but us property exists in
almost an infinite number 0T things, il might
be well IL settle, in legal manner the cUnsti-
tutional question whether mans head, more
than his hand or feet, or whether either cOnst-
tntc that species Of property contemplated by
the Constitution as the basis Of taxation.
The trainers of our election laws took the
correct view If this subject, for they copied in.
to the law the qualification Of the voter, rerJ,i-
tim Il Hteraiim from III. Constitution.
The Governor recommends the repeal of
some Of the laws now on our statute book. The
law passed by the Legislature against duelng
should he repealed, US It is clearly uncOnsiitu-
tiUnal and cannot be enforced.
Art. II, sec. ., says; ANY citizen of this
State who shall, after the adoption Of this Con.
stitution. fight duel with deadly weapons, or
send or accept challenge TO fight duel with
deadly weapons. either within this State or out
Of it; or who shall act us second, or knowingly
AID or assist in any manner those thus offend.
ing, shall not be allowed TO hold any office of
profit, or TO enjoy the right Of suffrage under
this Constitution" This section Of the Consti.
tuition, like all others, requires legislative en-
actmcnts to make it effective. The Constitu.
ton having specially designated ducling as a
crime and affixed the penalty, the Legislature
Is thereby debarred from fixing any other or
additional penalty for this violation Of the pub.
lie peace. A Law should at once be enacted in
strict accordance with this provision Of the
Constitution, aud this relic If burbarsm would
soon disappear from the presence Of respecta-
Bile men.
Every member 0f the Assembly and Senate,
before entering ON his respective office, must
take and subscribe the following oath or affirm
atom :" do solennly swear Tor affirm, as the
case mny be- that will support the Constitu-
ton Of the United States and the Constitution
Of the State Of California, and that will faith
fully discharge the duties Of the Office Of -
TO the best Of my ability"
1t must be evident from the foregoing, that
members Of the Assembly and Senate cannot
vote for or elect 10 any Office any man who has
fought, or been second, or aided and abetted
in any duel, since the adoption Of the Constitu.
tion, without clear violation Of their consti-
tutional oath. In the absence Of any statute
law, tho violation may not be legal perjury /;
but the ban Of the Constitution, which they
have solemnly sworn to support, rests on the
offender, and their support Of him is such vi.
Olntion Of their constitutional oath Us to, at
least, amount To moral perjury.
The Governor, speaking Of our Federal rela-
tions, says: "Let the people Of the Territories
alone settle the question of domestic slavery
within theiT borders, and be admitted into the
Union with or without slavery clause 10 their
Constitution. The precise time at which the
people of Territory should be enabled to de-
eide this question can he settled BY the Act Of
roIn nromiSe itself This difFnrpnca cartai,.lv Ia