Year: 1872




Sheriff there came to the Supervisors,
and proposed to go and collect the tax it
the Supervisors would stand between him
and all danger; and they refused to do it.
Afterwards they got the advice of the
Attorney General, suggesting to them
that they appropriate money to carry
this thing on, and they refused to do it.
If the lawyers got up that case, let them
foot the bill. They knew it was wrong.
He believed that they got it up to get
money out of the State.


Mr.. ELLIS said Jackson discharged his
duties as Sheriff under bonds, and the
first knowledge he had of the existence of
the Federal law was his arrest by the
United States Marshal. Mr.. jackson
applied for advice as to his defense to the
State Attorney General, who directed
him to stand the trial. Mr.. Hamilton
testified before the committee that this
case was brought up amicably as a test
case. Would the Railroad Company, or
Stanford, after having given directions to
execute a certain thing, withhold support
to those obeying their mandates Should
the Legislature disgrace the State by
sending back this poor individual, broken
down, to his family of children, destitute,
because he had by chance been placed in
this peculiar situation by the State whom
he had served He was not in favor of
prosecuting Cinnamon if it was wrong
for them to come here we should not allow
them to come but having been allowed
to come we must treat them as any civil
lied nation should.


Mr.. EAGAN believed that if the bill
were thoroughly understood, not MEM
Der on the floor would vote against it.
He was himself at the time in the position
of collector of taxes, and wrote n letter to
the Attorney General before this arrest
was made, inquiring whether the State
law was deemed by him in conflict with
the law of the United States; and the
Attorney General wrote him that there
was no such conflict, and directed him to
proceed in-eolecting these foreign miners
licenses. Mr.. jackson was one of many
who proceeded accordingly acting under
the advice of the Attorney General of the
State and he was singled out merely to
test the case. Many Of the counties were
then in debt, paying forty to fifty cents
on the dollar ; and had it not been for the
q 4
of the State would now have been entirely
bankrupt. The test having been made
and decided, the collection of such taxes
was discontinued. Had this test not been
made, the State might have been made
liable for large sums of money. TO show
that it was only test case, he stated that
Jackson was fined only $40.


Mr.. French argued that Jackson
ought not to have violated the law Of
Congress.


Mr. ANDREWS said he was indicted
June 5th, and the law Of Congress was
passed May 3lst so that it would have
been impossible for tho Sheriff to be
cognizant Of the act of Congress.


Mr. FRENCH said this case occurred
under the generally prevailing Democrat
ic idea Of the want of power in Congress
to pass certain acts. The State of Califor-
MIA was the most innocent party of all
concerned. The Legislature met only
biennially, and such laws as Congress
should pass in the meantime conflicting
with the State, were Of course superior in
authority. The county should be looked
to to meet the case. lie was surprised to
see what favor this claim had received
both in committee and on the floor.


Mr.DE HAVEN stated tho facts which
induced the Committee on Claims to
decide adversely upon the bill, viz: that
there were no sufficient vouchers produced
for the amount Of the charge. There was
nothing but the statement of the party
himself as to the services he had rendered
and the expenses he had incurred and
one Of the principal features of the bill
was that it was all for attorneys fees the
committee held that if this was State
matter it was the duty of the Attorney
General Of the State to defend Jackson !;
and that there was no necessity for his
having outside counsel.


Mr.. DAYS said he came there prejudiced
against the claim, but there were two
things to be considered the nation, and
its integral parts, the States, each having
their constitutions those Of the States
admitting only Of the passage Of such
laws as do not conflict with the national.
The State rights question came up in this,
that the State had the right to pass the
law until Congress took tho right away.
He found fault in the Attorney Generals
not defending Jackson, as the latter acted
under the advice of that officer. Believing,
however, that IL was an oversight, he
thought that they should allow the claim.


Mr.. ALDRIcH said the committee had
no proof of any definite amount of dam
age, though as to Jackson's being dam
aged to a very considerable amount there
was no doubt.


Mr.. FREEMAN moved that the commit
tee rise and report progress.


Mr.. EAGAN moved to amend that the
committee recommend the passage Of the
bill.


Mr.. LEES amendment was lost.


Tho bill was favorably reported from
the Committee OF the Whole. Ayes, y
noes, 25.


At o'clock (the gas lighters appearing
in the Assembly chamber and lighting
up) Mr.. FRENCH moved to adjourn, which