The sixth article of the Constitution...
Embodied in the strength of a nation's constitution, and its defining articles, are the fine lines of progress striding both in the present and the past, and securing the path to the future. The Constitution of the United States, enacted in 1787 defines a beacon of fledgling freedom, promising a stable federal system, advocating the rule of law, espousing national supremacies, and protecting the rights of the states, as embedded in its sixth and tenth articles.
The sixth article hoists the constitution, federal laws, and treaties as the superior law, obliging judges in every state to be bound by these. Meanwhile, the Tenth Amendment, an essential pillar of these United States, vests powers not delegated to the United States, nor prohibited to the states, preserving them for the people or the states accordingly.
However, the evolution and interpretation of constitutional laws and amendments are multifaceted. For instance, let's examine the Act passed on March 30, 1855, titled: "An Act to provide for the Protection of Foreigners, and to define their Liabilities and Privileges." This emblem of exploration-era legislation targeted non-citizen residents in California – during an era of gold-rush, vivified xenophilia, unmistakable prehudices, and budding capitalism.
The microcosm where this Act found relevance lay in the mines of California, where '49ers' uncovered troves of shimmering fortunes and multi-ethnic enclaves. Here, residents from all over the world toiled, finding respite in mining districts. But this Act limited their freedoms. The first section stipulated that no person not being a citizen, excluding Californian Indians, could mine gold without a license.
To encapsulate the Act, a quote from it reads: "SEC. 1 That from and after the passage of this act, no person, not being a citizen of the United States, (California Indians excepted,) shall be allowed to take gold from the mines of this State, unless he shall have a license therefor, as hereafter provided."
The Act's underpinning doctrine, while not averse to foreigners, clearly distinguished between a US citizen and a 'foreigner.' Across subsequent sections, the Act elaborated on these licenses, their issuance, pricing, tax collector's role and their liabilities, and possible penalties for contravening the Act – both for miners and collectors.
From a contemporary perspective, this legislation presents a rich tapestry of historic immigration and labor laws, and highlights pressing issues of the time – protection of labor rights and management of an ever-diversifying populace within an economic bubble.
Reliving these laws and regulations helps us reflect on the growing pains of an emerging nation and its struggle to accommodate diversity. These legislations, while restrictive, were stepping stones to inclusive laws that welcome talents and enhance national prosperity in the present day.
Such plenitude of historical insights not only broadens our understanding of the past but also gives us context to appreciate the nation we have today. It also serves as a reminder and renewed commitment to progressively refine our laws - to offer protection, define liabilities and provide privileges, ensuring that our regulations enhance our national prosperity, international profile, and uphold the consitutional pillars of justice, equality, and liberty for all.
Turning to the global theater of the mid-19th century, we observe that while the US grappled with managing an influx of fortune-seeking immigrants, Russia was expanding its domains, nearly quintupling its population in less than a century.
Amidst these mapping endeavors and demographic shifts, there emerged a critical endeavor in Sierra County, California, establishing a public library with a capital of $5,000. In the midst of gold-seeking frenzy, this humble act of creating a knowledge-sharing hub highlighted a precious parallel journey - the quest for intellectual wealth alongside material prosperity.
In conclusion, the nuances within the Act of 1855 and its surrounding events profoundly illustrate how the past and the present are often interlinked. From safeguarding the rights of the downtrodden, to investing in intellectual capital and modifying our regulations, the toils of our ancestors shaped our experience today. Thus, our collective past serves as a rich soil in which our present thrives and our future takes root – a constant reminder of our steadfast journey from gold-rush pandemonium to Silicon Valley's technological and entrepreneurial pantheon.
**Citation**:
- Trinity Journal, [The sixth article of the, 1855-02-10]
https://cdnc.ucr.edu/
Original Article:
Constitution of the United States contains the following sentence: ‘'This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.” The tenth article of the amendments to the Constitution reads as follows; “The powers not delegated to the United States, by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” AN ACT to provide for the Protection of Foreigners, and to define their Liabilities and Privileges. [Passed March 30, 1855.] The People of the State if California, represented in Senate and Assembly, do enact as follows: SECTION 1 That from and after the passage of this act, no person, not being a citizen of the United States, (California Indians excepted,) shall be allowed to take gold from the mines of this State, unless he shall have a license therefor, as hereafter provided. SEC. 2, It shall be the duty of the Comptroller of State to procure a sufficient number of blank licenses, which shall be substantially in the following form and numbered consecutively, and a record thereof be filed in his office, he shall deliver said licenses to the Treasurer of State, and take his receipt for the same, upon the books of his office: Every subsequent license after the first, shall be dated from the expiration of the former license issued by the Sheriff or his deputy to any foreign miner who shall have been engaged in mining, from the expiration of such former license. SEC. 3. The Sheriff of each county shall be the Collector of License Tax, under the provisions of this act, who, before entering upon the duties herein provided for, shall enter into bond to the State, with two or more sureties, to be approved by the Board of Supervisors, if any such Board exists in his county ; if there be no such Board, then by the County Judge, in the sum of fifteen thousands dollars, conditioned for the faithful performance of the duties required of him by this act, which bond shall be filed in the office of the Clerk of said county: SEC 6. The amount to be paid for each license shall be at the rate of four dollars per month, and said license shall in no case be transferable. SEC. 10. The Collector may seize the property of any person liable to, and refusing to pay such tax, and sell at public auction on one hour's notice, by proclamation, and transfer the title thereof to the person paying the highest price therefor, and after deducting the tax and necessary expenses incurred by reason of such refusal and sale of property, the Collector shall return the surplus of the procceds of the sale, if any, to the person or persons whose property was sold : Provided, that should any person liable to pay such tax in any county of this State, escape into any other county with intent to evade the payment of such tax, then and in that event it shall be lawful for the Collector to pursue such person, and enforce the payment of such tax in the same manner as if no such escape had been made. Any foreigner representing himself to be a citizen of the United States, shall, in the absence of his certificate to that effect, satisfy the Collector of the correctness of his statement by affidavit or otherwise, and that the Collector be and is empowered to administer such oath or affirmation. All foreigners residing in the mining districts of this State shall be consider ed miners under the provisions of this act, unless they are directly engaged in some other lawful business avocation. SEC. 13. Any Sheriff or his deputy who shall neglect or refuse to pay over the money collected by him or them, under the provisions of this act, or shall appropriate any part thereof to his or their use, other than the per centage they are entitled to retain by the provisions of this act, shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished by imprisonment in the State Prison any time not less than one year, nor more than ten years. SEC 14. Any officer charged with the collection of the tax provided to be collected by this act, who shall give any receipt other than the receipt prescribed in this act, or receive money for such license without giving the necessary receipt, shall be deemed guilty of misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, and be imprisoned in the county jail not exceeding six months. SEC 16. Any person who shall make any alteration, or cause the same to be made, in any license, shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, and imprisonment in the State Prison not exceeding six months. SEC. 17. Any person or company hiring foreigners to work in the mines of this State, shall be liable for the amount of the licenses for each person so employed. AN ACT amendatory of "An act to provide for the Protection of Foreigners, and to define their Liabilities and Privileges passed March 30, 1853. [ Passed May 13, 1854.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SEC. 1. Section one of “An Act to provide for the Protection of Foreigners, and to define their Liabilities and Privileges," passed March 30, 1853, is herby amended so as to read as follow: SEC. 1. No person not being a citizen of the United States, or who shall not have declared his intention to become such prior to the passage of this Act, (California Indians excepted,) shall be allowed to take gold from the mines of this State, unless he shall have a license therefor as herinafter provided. RUSSIA.— In the seventy-seven years intervening between 1772 and 1849, the Russias increased in population from fourteen millions to upwards of sixty-six millions, or at the rate of about fourteen millions in every twenty years. This wonderful increase is chiefly attributable to the enlarged area of the empire, caused by the addition of Poland, Finland and the Caucasus, to its domains. If Russia should conquer and annex Turkey, her population would exceed eighty millions—almost equalling the combined population of England, France and the United States. LIBRARY IN THE MINES.—The citizens of St. Louis, Sierra county, have established a public library with a capital of $5,000.
The sixth article hoists the constitution, federal laws, and treaties as the superior law, obliging judges in every state to be bound by these. Meanwhile, the Tenth Amendment, an essential pillar of these United States, vests powers not delegated to the United States, nor prohibited to the states, preserving them for the people or the states accordingly.
However, the evolution and interpretation of constitutional laws and amendments are multifaceted. For instance, let's examine the Act passed on March 30, 1855, titled: "An Act to provide for the Protection of Foreigners, and to define their Liabilities and Privileges." This emblem of exploration-era legislation targeted non-citizen residents in California – during an era of gold-rush, vivified xenophilia, unmistakable prehudices, and budding capitalism.
The microcosm where this Act found relevance lay in the mines of California, where '49ers' uncovered troves of shimmering fortunes and multi-ethnic enclaves. Here, residents from all over the world toiled, finding respite in mining districts. But this Act limited their freedoms. The first section stipulated that no person not being a citizen, excluding Californian Indians, could mine gold without a license.
To encapsulate the Act, a quote from it reads: "SEC. 1 That from and after the passage of this act, no person, not being a citizen of the United States, (California Indians excepted,) shall be allowed to take gold from the mines of this State, unless he shall have a license therefor, as hereafter provided."
The Act's underpinning doctrine, while not averse to foreigners, clearly distinguished between a US citizen and a 'foreigner.' Across subsequent sections, the Act elaborated on these licenses, their issuance, pricing, tax collector's role and their liabilities, and possible penalties for contravening the Act – both for miners and collectors.
From a contemporary perspective, this legislation presents a rich tapestry of historic immigration and labor laws, and highlights pressing issues of the time – protection of labor rights and management of an ever-diversifying populace within an economic bubble.
Reliving these laws and regulations helps us reflect on the growing pains of an emerging nation and its struggle to accommodate diversity. These legislations, while restrictive, were stepping stones to inclusive laws that welcome talents and enhance national prosperity in the present day.
Such plenitude of historical insights not only broadens our understanding of the past but also gives us context to appreciate the nation we have today. It also serves as a reminder and renewed commitment to progressively refine our laws - to offer protection, define liabilities and provide privileges, ensuring that our regulations enhance our national prosperity, international profile, and uphold the consitutional pillars of justice, equality, and liberty for all.
Turning to the global theater of the mid-19th century, we observe that while the US grappled with managing an influx of fortune-seeking immigrants, Russia was expanding its domains, nearly quintupling its population in less than a century.
Amidst these mapping endeavors and demographic shifts, there emerged a critical endeavor in Sierra County, California, establishing a public library with a capital of $5,000. In the midst of gold-seeking frenzy, this humble act of creating a knowledge-sharing hub highlighted a precious parallel journey - the quest for intellectual wealth alongside material prosperity.
In conclusion, the nuances within the Act of 1855 and its surrounding events profoundly illustrate how the past and the present are often interlinked. From safeguarding the rights of the downtrodden, to investing in intellectual capital and modifying our regulations, the toils of our ancestors shaped our experience today. Thus, our collective past serves as a rich soil in which our present thrives and our future takes root – a constant reminder of our steadfast journey from gold-rush pandemonium to Silicon Valley's technological and entrepreneurial pantheon.
**Citation**:
- Trinity Journal, [The sixth article of the, 1855-02-10]
https://cdnc.ucr.edu/
Original Article:
Constitution of the United States contains the following sentence: ‘'This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.” The tenth article of the amendments to the Constitution reads as follows; “The powers not delegated to the United States, by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” AN ACT to provide for the Protection of Foreigners, and to define their Liabilities and Privileges. [Passed March 30, 1855.] The People of the State if California, represented in Senate and Assembly, do enact as follows: SECTION 1 That from and after the passage of this act, no person, not being a citizen of the United States, (California Indians excepted,) shall be allowed to take gold from the mines of this State, unless he shall have a license therefor, as hereafter provided. SEC. 2, It shall be the duty of the Comptroller of State to procure a sufficient number of blank licenses, which shall be substantially in the following form and numbered consecutively, and a record thereof be filed in his office, he shall deliver said licenses to the Treasurer of State, and take his receipt for the same, upon the books of his office: Every subsequent license after the first, shall be dated from the expiration of the former license issued by the Sheriff or his deputy to any foreign miner who shall have been engaged in mining, from the expiration of such former license. SEC. 3. The Sheriff of each county shall be the Collector of License Tax, under the provisions of this act, who, before entering upon the duties herein provided for, shall enter into bond to the State, with two or more sureties, to be approved by the Board of Supervisors, if any such Board exists in his county ; if there be no such Board, then by the County Judge, in the sum of fifteen thousands dollars, conditioned for the faithful performance of the duties required of him by this act, which bond shall be filed in the office of the Clerk of said county: SEC 6. The amount to be paid for each license shall be at the rate of four dollars per month, and said license shall in no case be transferable. SEC. 10. The Collector may seize the property of any person liable to, and refusing to pay such tax, and sell at public auction on one hour's notice, by proclamation, and transfer the title thereof to the person paying the highest price therefor, and after deducting the tax and necessary expenses incurred by reason of such refusal and sale of property, the Collector shall return the surplus of the procceds of the sale, if any, to the person or persons whose property was sold : Provided, that should any person liable to pay such tax in any county of this State, escape into any other county with intent to evade the payment of such tax, then and in that event it shall be lawful for the Collector to pursue such person, and enforce the payment of such tax in the same manner as if no such escape had been made. Any foreigner representing himself to be a citizen of the United States, shall, in the absence of his certificate to that effect, satisfy the Collector of the correctness of his statement by affidavit or otherwise, and that the Collector be and is empowered to administer such oath or affirmation. All foreigners residing in the mining districts of this State shall be consider ed miners under the provisions of this act, unless they are directly engaged in some other lawful business avocation. SEC. 13. Any Sheriff or his deputy who shall neglect or refuse to pay over the money collected by him or them, under the provisions of this act, or shall appropriate any part thereof to his or their use, other than the per centage they are entitled to retain by the provisions of this act, shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished by imprisonment in the State Prison any time not less than one year, nor more than ten years. SEC 14. Any officer charged with the collection of the tax provided to be collected by this act, who shall give any receipt other than the receipt prescribed in this act, or receive money for such license without giving the necessary receipt, shall be deemed guilty of misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, and be imprisoned in the county jail not exceeding six months. SEC 16. Any person who shall make any alteration, or cause the same to be made, in any license, shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, and imprisonment in the State Prison not exceeding six months. SEC. 17. Any person or company hiring foreigners to work in the mines of this State, shall be liable for the amount of the licenses for each person so employed. AN ACT amendatory of "An act to provide for the Protection of Foreigners, and to define their Liabilities and Privileges passed March 30, 1853. [ Passed May 13, 1854.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SEC. 1. Section one of “An Act to provide for the Protection of Foreigners, and to define their Liabilities and Privileges," passed March 30, 1853, is herby amended so as to read as follow: SEC. 1. No person not being a citizen of the United States, or who shall not have declared his intention to become such prior to the passage of this Act, (California Indians excepted,) shall be allowed to take gold from the mines of this State, unless he shall have a license therefor as herinafter provided. RUSSIA.— In the seventy-seven years intervening between 1772 and 1849, the Russias increased in population from fourteen millions to upwards of sixty-six millions, or at the rate of about fourteen millions in every twenty years. This wonderful increase is chiefly attributable to the enlarged area of the empire, caused by the addition of Poland, Finland and the Caucasus, to its domains. If Russia should conquer and annex Turkey, her population would exceed eighty millions—almost equalling the combined population of England, France and the United States. LIBRARY IN THE MINES.—The citizens of St. Louis, Sierra county, have established a public library with a capital of $5,000.
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