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amend the fourteenth section of an Act entitled an Act concerning the office of County Treasurer, passed March 27, 1850, approved May 17, 1853.

Read first and second time, and referred to Judiciary Committee.

Mr. Letcher offered the following, which was adopted.

Whereas, indefinite leave of absence has been granted to the Speaker in consequence of indisposition,

Resolved, That the House now proceed to the election of a Speaker, pro tem.

Mr. Conness placed in nomination the name of Mr. Mandeville, of Tuolumne county. There being no opposition, Mr. Mandeville received the following votes:

Messrs. Anderson, Ashley, Aylett, Bagley, Ballou, Bennett, Bostwick, Bowie, Briggs, Burton, Carr, Carrillo, Clingan, Conness, Cornwall, Dannels, Davidson, Dawley, Ewer, Fairfield, French, Gilbert, Godard, Gordon, Green, Hagans, Hastings, Henry, Herbert, Hollister, Houghtaling, Hoyt, Hubbard, Hubert, Hunt, James, Jones, Kellogg, Koll, Letcher, Lindsey, Musser, McBrayer, McDonald, McDuffie, McGee, McKinney, Nichols, Noel, O'Neil, F. A. Park, J. W. Park, Pratt, Purdy, Ring, Rowan, Spencer, Springer, Stemmons, Stevenson, Stow, Sweasey, Sweetland, Tallmadge, Tivy, Van Cleft, Warmcastle, Watkins, Whipple, Whitman 70.

Mr. Mandeville having received all the votes cast, was duly elected Speaker pro tempore of the Assembly.

And on motion Messrs. Godard and Dawley were appointed a committee to wait upon Mr. Mandeville, and inform him of his election.

Mr. Mandeville appeared, was qualified as Speaker pro tempore, and in an appropriate manner returned his thanks to the Assembly for the honor conferred, and entered upon the discharge of his duties.

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Mr. Dawley moved to print three thousand copies of the Governor's Inaugural Address.

Not agreed to.

On motion of Mr. J. W. Park, the House adjourned until 10 o'clock to-morrow.


THURSDAY, January 12, 1854.

House met pursuant to adjournment.

The roll was called by the Clerk, and a quorum being present the Speaker pronounced the House ready to proceed to business.

The Journal of Wednesday read and approved.

Mr. Sweasey made the following report:

The committee to whom was referred the joint resolution relative to settlers on public land in California, respectfully beg leave to report—

That they have had the same under consideration and recommend its passage as speedily as possible, in order that it may reach our Senators and Representatives in Congress before the expiration of the time allowed in making settlements on unsurveyed lands.

The resolution was read, considered as engrossed and passed.

Mr. Van Cleft offered a concurrent resolution, which was adopted, to create a Joint Committee from each House to fix the per diem pay of the officers of the two Houses.

Messrs. Van Cleft, Conness and Letcher were appointed on the part of the House.

Mr. Stevenson gave notice that at an early day he would introduce a bill for the better compensation of Jurors in civil cases.

Mr. Stowe gave notice that he would at an early day introduce a bill for an Act for the formation of Chattel Mortgages.

Mr. Hoyt gave notice that at an early day he would introduce a bill changing the time of the election of certain county and township officers.

Mr. Springer gave notice that at an early day he would introduce a bill to abolish the office of Quarter Master General in the State of California.

Assembly Joint Resolution in reference to postal arrangements in this State. Read a second time and referred to Committee on Federal Relations.

Assembly bill for an Act concerning the per diem of officers of the Assembly.

Read a second time and referred to Committee on Public Expenditures and Accounts.

Mr. McBrayer introduced a bill for an Act to repeal part of an Act passed May 18, 1853, entitled an Act to provide revenue for the support of the Government of this State.

Read first time and ordered to a second reading on to-morrow.

On motion, Mr. Conness was excused from serving as chairman of the Committee of Commerce and Mr. Dawley appointed in his place.

Mr. Van Cleft offered the following, which was adopted:

Resolved, That the Sergeant-at-Arms of the Assembly be authorized and empowered to receive and receipt to the Comptroller of State for the mileage and per diem warrants of members.

Mr. Ashley introduced a bill for at Act to amend an Act concerning Sheriffs, passed April 29, 1851.

Read first time and ordered to a second reading on to-morrow.

Mr. Tivy introduced a bill for an Act to abolish the Board of Supervisors in the county of Tulare.

Read first time and ordered to a second reading on to-morrow.

Mr. Herbert introduced a bill for an Act to authorize the State Treasurer to issue a duplicate Land Warrant to George W. Coffee.

Read first and second time and referred to Judiciary Committee.

Also, a bill for an Act amendatory to an Act to amend an Act respecting Fugitives from labor and Slaves brought to this State prior to her admission into the Union, approved April 15, 1853.

Read first time and ordered to a second reading on to-morrow.

On motion of Mr. Hoyt, the House adjourned until 10 o'clock to-morrow.


FRIDAY, January 13, 1854.

House met pursuant to adjournment.

The roll was called by the Clerk, and a quorum being present, the Speaker announced the House ready to proceed to business.

The Journal of Thursday was read and approved.

Mr. Conness presented a petition from the citizens of El Dorado, praying the pardon of one Timothy Donavan,

And introduced a bill to authorize the Governor of this State to grant a pardon. Read first time and ordered to a second reading on to-morrow.

Mr. Hubert, from the Judiciary Committee, made the following report:

The Judiciary Committee, to whom was referred the bill to exempt from forced sale under execution or other process, certain property of the several counties of this State, report favorably to said bill, and recommend its passage with an amendment to the first section.

Assembly Bill number 10, an Act to declare exempt from forced sale under execution or other process, certain property of the several counties of this State, (amended in Committee.)

Amendment not agreed to by the House.

Bill read and ordered to a third reading on to-morrow.

Mr. Irwin made the following report:

Committee on Federal Relations, to whom was referred Joint Resolutions in relation to establishing a mail route from San Francisco to China, via the Sandwich Islands, have had the same under consideration and beg leave to report it back without amendment, and recommend its passage.

Joint Resolution in favor of establishing a mail route by ocean steamships between San Francisco and China, via the Sandwich Islands, considered as engrossed. Read a third time and passed.

Mr. Ballou made the following majority report from the committee to whom was referred the Removal Question,

Which was read, and upon motion laid upon the table:

The undersigned, a majority of the Select Committee, to whom was referred so much of the Governor's Message, as relates to the present condition of the State Offices, together with a communication from the State Treasurer; also, a proposition from certain citizens of Benicia, tendering the use of a secure building for State Offices; also propositions from the county of Sacramento, and preamble and resolutions of the Common Council of Sacramento, relative to the removal of the Capital to that city; having bestowed careful consideration on the subject, beg leave to report:

That they have personally examined the condition of the State Offices, and found them in a condition of insecurity, which demands prompt action on the part of the

Legislature, to provide places of greater security and safety for the preservation of the archives and other valuable property of the State, kept in the State Offices. Your committee would also beg leave to state that they have made a personal examination of a certain building, which the citizens of Benicia have tendered to the State free of rent as long as the same may be required for State Offices, and found the same to be a substantial brick building, about thirty-four feet long by twenty-two feet wide, two stories high, containing in all six rooms. Said building if finished according to its design, will afford convenient offices for the Treasurer and Comptroller, but not entire security.

A majority of your Committee, in order to enable the Committee to present an accurate exhibit of the subject, deemed it their duty to visit Sacramento and make personal investigation of the advantages claimed for that city as the location of the Seat of Government.

The building offered for a State House, is the same that was occupied for that purpose during the session of 1852. It is a substantial brick edifice, sixty feet by eighty feet. On the floor there are eight rooms, twenty feet by twenty-four feet, in one of which is an ample fire-proof vault. The upper story, approached by a flight of steps from a wide hall passing through the centre of the building, is divided into three rooms; one of which is 36 by 80 feet; one 24 by 55 feet, and the third 24 by 25 feet; affording accommodations for the two Houses.

Your committee found at Sacramento, a condition of things, which has justly elicited from visitors to that city, enthusiastic eulogies upon the dauntless energy which in the short period of twelve months, has created within a space of two hundred acres, laid completely bare by the great conflagration, and subsequently, from the consequences of long continued rains and inundations, converted into one vast and almost impassable swamp-a city, in substanaial wealth, commerce and population, the secand in California.


The erection of several hundred brick buildings, all of them substantial, many them magnificent-the raised thoroughfares substantially planked-and almost a new line of levee embankment, constructed with reference to safety only, on plans prepared by experience and previous disaster-the elevation and planking of the principal route to the interior-at once attest the confidence of the citizens in the permanence of their location, and the determination and perseverance with which they have met and overcome the unparalleled combination of disaster and misfortune with which that ill-fated city was visited in the autumn and winter of 1852 and '53.

In the location of a State Capital your Committee is of opinion that public convenience and public economy should be controlling considerations; in fact that they are indispensible to a final and permanent settlement of the question.

The undersigned readily unite in the opinion that while these elements so essential to a final settlement of the question, are almost wholly wanting in Benicia, are in an eminent degree possessed by Sacramento.

From the latter point, nine lines of splendid stages penetrate to every important point in the interior. Magnificent steamers plying daily to San Francisco and to cities and towns on the Sacramento and its tributaries, present facilities for speedy communication between the representative and his constituents, unequalled at any other place in the State. The fact that Sacramento affords daily communication with a population of 150,000, in itself establishes the proposition that the city is one of the great business centers of our State. It is also the center of an extensive system of telegraphic communication, either already in operation or in a state of forwardness, and is destined at no distant day, by its general advantages and geographical position, the center of an extensive system of railroads.

Having no facilities at Benicia for printing, the public printing has to be done at San Francisco, and in consequence of the delay occasioned by sending the printing away from the Capital, each House remains in profound ignorance of the proceed

ings of the other for a period of twenty-four hours; and it is a fact well known, that during the last session of the Legislature, many important bills were acted upon while they were at San Francisco being printed.

The want of a law library at Benicia is another serious inconvenience that cannot be remedied except by a large appropriation of money, which the State is not in a condition to make.

Sacramento City having two extensive printing establishments, and a number of large law and miscellaneous libraries, those inconveniences would not be felt.

A very large portion of the people of the northern and middle sections of the State, are called frequently to Sacramento on private business, and can transact any and all business with the State, and pass on without delay; whereas but few persons are called to Benicia, except upon business of the State, and to stop there at all, involves a loss of twenty-four hours. In addition to this, Benicia having no inland trade, being mainly dependent for support on the business attracted by the location of the seat of government, living will necessarily be a greater tax here than at a point where there is already an extensive competition between hotel and boarding-house keepers. Without counting any other item, this alone will impose a heavier tax on the people in one year than would the removal of the Capital to Sacramento.

The time lost at the last session of the Legislature, in consequence of the want of a quorum to do business cost the people about fifty thousand dollars. Anticipating a like result from like causes, if the Legislature remains at Benicia, a provident economy seems to your committee, to demand its removal now.

At a large estimate the removal would not cost the State exceeding fifteen thousand dollars, and your committee confidently predict, that more than double that amount will be saved the State before the close of the session.

If the Capital remains at Benicia large appropriations must be made to erect safe and secure public buildings; in fact a bill for that purpose has been already introduced.

In investigating this subject the attention of your Committee has been occupied by an event in the future, which must take place at no distant day;—we mean a division of the State.

And whenever that event does occur the public buildings will be comparatively valuless almost a total loss to the State.

Your Committee is aware that the frequent removals of the Capital, together with the expense of such removals, has been a subject of much and just complaint among the people. But the fact that reckless speculators have hitherto been able to mould and control legislation on this subject to suit their own personal views, and have signally failed to place it at any point indicated by public convenience or sustained by public sentiment, so far from being against another removal, forcibly points out the necessity of fixing the Capital at a point combining all the elements essential to a final and permanent settlement of this vexed question.

Believing that Benicia possesses but few of the advantages and elements referred to that the subject will be agitated and discussed session after session, at great cost to the people until the removal is finally accomplished-a just regard for the interests of the State and the people seems to your Committee to command its removal


Your committee also believe that the public buildings offered for the use of the State by Sacramento city and county, and her banking houses, present greater security and protection for the archives and property of the State, together with more ample accommodations for the officers of State than is found at Benicia.

Therefore the undersigned, a majority of the committee, recommend that the proposition of the county and city of Sacramento be accepted.

All of which is respectfully submitted.


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