Weekly Trinity journal., 1870-12-31
FOREIGN MINERS TAX.
More about the Arrest of Sheriff jackson.

We find the following regarding the indct-
ment against our Sheriff in the Alta of Deem
Der 9th:
In our California telegraphic dispatches Of the
2lst inst, mention was made of the arrest of
JOHN Jackson, Sheriff of Trinity County. by
United States Deputy Marshal, j. J. Ackerman
Yesterday morning Sheriff jackson arrived in
this city, and gave security before United States
Commissioner O'Beirne for his appearance on
the trial Of his cause, and was released from Gus
tody.
1t appears that jackson, who is er olfcio Tax
Collector of Trinity County. collected on de-
mand, the sum OF 81 as n Foreign Miners Lii
cense Tax, acting under authority Of "an act to
provide revenue for the support of the Govern
ment of this State" (Californa), and also by
virtue of "an act granting to the Mining Coun-
ties OF this State, the Foreign Miners Tax col
lected in said Counties seyerally" For this he
was indicted by the present United States Grand
Jury, 1t being alleged in the Indictment that his
acts as Tax Collector, in demanding and recev-
ing from John" are antagonistic to section ! 6
of 'an act to enforce the rights Of citizens Of the
United States to vote in the several States of
this Union, and for other purposes" As dis
tnction has been made in the method Of collect
ing the license tax, inasmuch as that the said
tax had never been imposed or demanded or
collected from any white miner. To understand
fully the tenor Of the indictment we give the
text OF section Is Of the law under which Jack
son has been indicted, as it stands upon the
statute book.
" And be ii FURTHER enacie9 That all persons
within the jurisdiction Of the United States
shall have the same right in every State and Ter
ritory in the United States to make and enforce
contracts, to sue, be parties, give evidence, and
to the free and equal benefit Of all laws and pro-
ceedngs for the security Of person and property
n jy oJuDigaH I'm, lrJ cjti q sI,, .,
ject to Ike punishment, pains, penalties, tarcS,
licenses and erdcfioas of every kind, and none
other. any law, statute ordnance regulations
or customs to the contrary Notwithstanding. No
tax or charge shall be imposed or enforced by
any State upon any person immgrating thereto
from foreign country which is not equally i'm
posed and enforced upon every person immigra-
ting TO such State from any other foreign couu-
try; and any law Of any State in conflict with
this provision is hereby declared null and void
As will be seen by the above, the barriers
which have hitherto excluded the coored man
from a s tdtus of equality with his white fellow
man, have been broken down by this sweeping
clause. The pleading of this Federal statute is
not altogether novelty in our jurisprudence, as
the lawyer well knows, since it has been sus-
taned, if we remember right, in a cause which
was lately pending in the United States Circuit
Court for the Southern District Of New York
the Circuit Judge of that District and Judpc
presiding-and in the Police Court of this city
recently.
1t is presumed that the United States intend
to make this test case for this Court, since the
indictment appears to have been drawn up with
great care and perspicuity.
This is the same statute which Toombs, of
Georgia, SO earnestly advises his friends to re-
sist.
The Democracy, it is said, are on The 9ui cire
TO qnash the indictment in Jaclison's case. not
only for the reason that the Infringement Of the
United States statute entails heavy penalties on
the transgres5or but also because a principle is
at stake which is most dear to them.
1t is desirable that the trial Of Sheriff JacEson's :
case will be proceeded with as speedily as pos
sl6le, since important questions OF law concern
ing the rights Of the colorcd races have, from
time to time, arisen in the proceedings of our
Courts, and which, in the absence of prccedents
have involved time and expense in adiudicatino.
Hon. i. }. Latimer, United States District At
torney and w. w. Morrow, Assistant United
States District Attorney, conduct the prosocu-
tion; and Hon. 10. Hamilton, Attorney Gen
cral for California, and Gordon and Hambleton,
Esqs., are spoken Of forthe defense.
In answer to the above we find the following
card in the Bulletin Of Dec. 2Gh
EDITOR BuLLETN.-An article in the .4Itq OF
Saturday morning compes me to state to the
public the question really at issue between the
Government aud myself.
BY virtue Of my Office (SheriT of Trinity
county, am compelled to enforce a law of the
State taxing foreign miners for the privilege OF
working in our mines This law has been in
force for many years; it applies to foreigners in
general, it makes no allu5ion whatever to race
or color.
The Chinese Companies, having combined to-
gether, have retained specid counsel to conduct
this prosecutol hoping by aid Of the act OF
Congress, referred to in the alta article, to get
rid Of this tax. -
The question raised before the Circuit Court
by this indictment against me is, I" did Congress
by the act referrcl to- intend to interfere with
the local revenue systems of States and repea
the Foreign Miners License law of California
The question is one for legal construction, ant
Is brought up now in order to have it settled fol
all the mining counties.
The prosecution have treated me with great
courtesy, and do not pretend | have really Grim
fndity done wrong. The ouly effort to prejudice
me in this matter, that ! am aware Of is the
grossly partisan statement of the case made by
the AHa In case pending before Courts oil
Justice there is no excuse for public journal to
try to turn it to mere political account and in
this view ] think the public, which the Alta
sought to influence, will agree with me. / will
merely add, for the instruction of the 1lia that
several Republican SheriTs in the mining coun-
ties, are acting under the license law just in the
same manner | have done. JoHN JACKSON
1t now appears that the statement received last
week to the effect that several Collectors hat
been indicted was a mistake, and that Jackson il
the only one at least we have seen no mention
made of any other.