The union Democrat. [volume] (Sonora, Calif.) 1854-1946, 1871-01-14
chiae.e Testimony Iaaa.ni..,ble.
Tie Supreme cour. has rendered d.

The Supreme Court has rendered decis-
ION, in the case Of the People vs.. Bradydery-
ing the admissibility Of Chinese testimony in
favor Of, or against any white man. The de-
on Chiaaman. In the court below the tes-
timony Of the Chinaman was admitted against
defendants objection. Upon this question
alone the case was taken to the Supreme
Court which tribunal decides that our State
Law which declares "No Indian or person
having one-half OF more Indian blood. or
Mongolian or Chinese, shall be permitted to
give evidence in favor of, or against any
white nan, - is in frll force That the Four
teenth Amendment to the Federal Consti:u-
ton has no bearing on the subject. The
court decides that the State Legislature has
the power to declare who shall be incomnc-
tent to testify. Justice Temple says: Has
the Legislature the power to declare classes
ef persons such as Indians and Mongoliars
incompetent TO testify That it may right
fully do so independently of the Fourteenth
Amendment cGnnnt be questioned. The Leg
islature OF every State in the Union, so far as
know. and certainly of nearly every one
has continuously asserted and exercised this
power during its entire history. To declare
who shall be competent to testify and to regu-
late the production of evidence has ALWAYS
been considered proper exercise of legisla-
tive power. 1t has excluded persons for non
conformity of religious belief, for inability to
understand the nature of an oath, for having
been convicted of an Infamous crime. for hav-
ing negro blood, for being an Irdian or Mon
goiian, and | am not aware that the power of
the Legislature to pass such laws has ever
been questioned. K
Limitations upon the powers Of the State
Governments are appropriate in the Federal
Constitution. 1t may be necessary to re-
strain the powers of the States that it may
not Interfere with the General Government in
the exercise OF the powers granted to il. or
that State may not by its individual action
defeat any of the purposes for which the Gen.
eral Government exists. To the extent, how
ever. of the powers not granted to the Gener-
al Government or denied to the States, the
mower Of the State is supreme. 1t enacts
laws of its own right and should be allowed
to execute them in its own way. The Feder-
nj government cannot supervise its exercise
of the powers it undoubtedly possesses. 1t is
no part Of purpose for which that Govern
nent was created to stand guard over the
States to see that they execute their laws in
manner not to cypress those who are subject
to them. The State Government is complete
in itself, so far as matters of internal govern
ment arc concerned, and contains in its own
Constitution every necessary safeguard against
improper usa of It's powers and every proter-
ton To individual rights. which the people
81, II i
part Of the con;rvance bv neans of which the
State executes il laws They are ALWAYS the
means To an end. and if the law he one the
State has right to pass. | cannot think it
was intended to interfere with The means the
State may adopt to enforce it,
Some If the radical press of the State have
severely criticised this opinion and spoken in
coarse and di>respectful terms of the highest
tribnnal in the State, as being "a body now
infinitely beneath contempt "that there is a
determined purpose to annual the Acts of
Congress and to re-assert the doctrine that
an oigarchv may rule regardless of the rights
of those whom they trample underfoot."
The court simply interpreted a law of the
State as it exists and determined that it was
not superseded by the recent Amendments TO
the Constitution. They have not legislated
on the subject but declared what the law is
and i. is the duty of all good citizens to treat
the court with courtesy and respect even if
their decision is not what they would wish.
If the Supreme Court are in error it is not
out of the probability of chances that tie
question may be taken in scme form before
the Supreme Court of the United States, IN
til such error is determined the decision is en-
titled to be respected by all political classes
We lave received the Surveyor Generals
report for the past year. He reports the esti-
mated population of the State AS returned hv
the Assessors to be 594, O03; number of regis
tered voters at HI ,443; total assessed value of
property S252, 40l, 337 The population of
the State returned by the Census Marshal
was 557 ,3I5, and the value of property in
San Francisco alone as returned ky said Off
Ger was Gpyards of $40, 600, 900. The aciu-
al value of property within the State is I'M
doubtedly nearer 81 600, 900, 900, than the
sum returned by the Assessors.
- . .
The MOUNTAIN DEMocRAT-This excellent
paper published at P,aceryille, has entered
upon its Eighteenth Volume. 1t is one of the
oldest Democrat journals published in the
State, one of the few that has maintained IL
L. I'll