oners can at night be segregated one from the other, with walls of solid masonry, and barred windows and massive doors, with watchful jailors, and vigilant superintendents; with a discipline scrupulous in its humanity, and unrelaxing in its strictness-all these are absolutely indispensable. To the criminal once convicted, the penalty provided by law for his offence should follow as certain as doom, and as unrelenting in its infliction. But as the penalty of most offences is incarceration for a certain period, there must be a secure place of confinement after conviction, to impress criminals seriously with the prospect of punishment. Considering these things, we cannot resist the belief that in legislating intelligently for the welfare of the State, it is of the last importance to make immediate and ample provision for the punishment of crime and to effect this object, the first step to be taken is the erection of a State penitentiary. The committee are aware that in the present condition of the Treasury, heavy appropriations for public improvements, except for objects of immediate and urgent necessity, would not be advisable. They are of opinion, however, that in view of the present condition of society, in the State, of the heterogeneous elements composing the population of the great incentive to violations of law, from the uncertainty of its administration and execution-and of the serious harrassment and oppression to which peaceable and order-loving citizens are exposed, from the depredations of which they are daily and nightly, the victims-that the immediate erection of a State Prison is indispensable to the public safety. But if there be no funds with which to pay for the erection of a penitentiary, a portion of the land belonging to the State could be set apart to defray the expense of the work. This land might be given in payment to contractors at the price paid by actual settlers, and thus without expending any of the scanty finances, wanted for the payment of the salaries of her officers and the interest on her debt, the State could at once procure the erection of suitable buildings for the incarceration of convicts. The question of the location of the prison buildings, the committee have deemed properly connected with the subject submitted for their consideration. In selecting the ground, care should be taken to have it easy of access to the officers of justice, from every portion of the State, and yet so situated as to be easily guarded against the escape of prisoners or interference from without. The committee are unanimous in the opinion that one of the Islands, in the Bay of San Francisco, would afford all the advantages of the best location for a penitentiary. These isolated spots afford, in themselves, many facilities of necessary building. They present a solid, rocky foundation, defying strength and ingenuity to cut through; and on some of them are abundant quaries of stone, adapted for building purposes. A prison erected on one of these Islands could be easily guarded from approach from without, and escape rendered next to impossible, at the same time, in a place remote from the busy hum of city life, the discipline necessary to the proper training of criminals, and their reclamation from vice would be much more effectually enforced. Here, there could be spacious enclosures for work shops, for exercise grounds, for bath houses, and all the other adjuncts of an enlightened system of prison discipline. Here would be uninterrupted opportunity for that mental reflection which is the strongest corrective of vices, encrusted on man's nature, by guilty association. Here the inmates of the prison could look out to the bustling life of San Francisco, and it is not to be doubted, that the deprivation they would daily be made to feel, of the pleasure of social intercourse with their fellow men, separated as they would be by an impassable barrier from society, would serve as a severe and most wholesome corrective. Of the organization of such an establishment, of the mental and bodily culture of the convicts, -the kinds of labor to be instituted, the hours of occupation and of rest, -the system of police to be ordained in the prison, or of the plan of its construction-we do not deem it necessary to treat, as these subjects do not properly come within the scope of the duty assigned us. We would respectfully call your attention to the fact that the prisoners are in the custody, and under the control of Col. Jack Hays, and his able associate, Major Caperton, which at once insures the greatest capacity, vigilance and integrity, yet many of the prisoners have made their escape, and must continue to do so, as long as the present Lessees are compelled, from the want of a State Prison, to use Prison-Ships, and are dependant upon the honesty of the numerous guard, necessarily employed about an insecure prison. All of which is respectfully submitted. Mr. Merritt presented a petition from Manual Garpions, praying relief. Referred to Committee on Claims. Mr. Ingersoll introduced a bill requiring the Comptroller to audit certain bills of members of the present Legislature. Read a first and second time. Mr. Crabb offered the following amendment, insert after members of the Legislature, " and the officers of the Senate and Assembly." Mr. Merritt offered the following as an amendment to the amendment, after members of the Legislature and officers, insert " and all other persons holding State indebtedness." The amendment of Mr. Merritt was not agreed to. The question was then taken upon the amendment offered by Mr. Crabb, which was not agreed to. Mr. Crittenden offered the following, which was adopted : Resolved, That the Comptroller is requested to furnish the Assembly with a statement of all expenditures for public printing to this date, discriminating between the sums paid under the two Acts heretofore passed, fixing the compensation of the public printer. An Act to establish the County of Sciscul, and establish the Seat of Justice therein. Mr. Merritt offered an additional section in reference to payment of the Commissioners to lay off the County, which was adopted. The bill was then considered, engrossed, read a third time and passed. An Act to divide the County of Colusi and define its boundaries. Read a first and second time; the rules suspended, considered as engrossed, read a third time and passed. Mr. Boggs introduced a bill for an Act allowing suits against officers for services rendered under illegal orders. Read a first and second time and referred to the Judiciary committee. Joint Resolution in reference to the Indian Reserves, taken up and laid over until to-morrow. A bill for an Act to regulate appeals from Justice's and Recorder's Courts. Read a first and second time and referred to the Judiciary Committee. On motion of Mr. Harazthy, the House resolved itself into Committee of the Whole, Mr. Lyons in the chair, to consider a bill in reference to a call of a convention. After spending some time in the discussion of the subject, on motion of Mr. McMullin, the committee rose, reported progress, and asked to be discharged from the further consideration of the subject. The committee was discharged. Mr. Lyons moved to strike out all after the enacting clause, and insert the bill introduced by Mr. Wall. Mr. Harazthy moved a call of the House. The call was sustained. Mr. Fleming moved that leave of absence be granted to Mr. Pearce. Not agreed to. Mr. Wohler moved that Mr. Ten Broeck have leave of absence in con sequence of ill health. Agreed to. Mr. Crittenden asked leave of absence for Mr. Thompson. Mr. Peachy moved that Mr. Pico have leave of absence, Not agreed to. The Clerk then called the roll, and the following members were found absent-Messrs. Gibson, Pearce, Pico and Yeiser. Mr. McMullin moved that the doors be closed, and that the Sergeant-atArms be dispatched for absent members. Agreed to. Mr. Crabb moved that Mr. Yeiser be admitted within the bar of the House. Agreed to. Mr. Coats asked leave of absence for a short time. Not granted. Mr. Lyons moved that further proceedings be suspended under the call. Not agreed to. Mr. Tucker moved to admit Mr. Gibson within the bar of the House. Agreed to. Mr. Parrish moved that further proceedings under the call be dispensed with. Agreed to. Mr. Jones moved to adjourn. Not agreed to. The question then came up upon the motion made by Mr. Lyons, upon which Mr. Coats demanded a division of the question. The chair decided the question in order. Mr. Crabb appealed from the decision of the chair. Mr. Merritt in the chair, asked shall the decision of the chair be sus tained? The House decided in the affirmative. Mr. Graham moved to re-consider the vote to sustain the chair. The vote was re-considered. Mr. Coats withdrew his motion for a division of the question. Mr. Lyons withdrew his motion to strike out and substitute. Mr. Hammond moved the bill offered by Mr. Wall as a substitute for the bill under consideration; upon which motion, Mr. Parrish demanded the ayes and nays. So the bill of Mr. Wall was substituted in place of the bill under consideration. The following message was received from the Senate : Mr. Speaker : I am instructed by the Senate, to inform the Assembly, that the Senate have passed the bill herewith presented, entitled an Act authorizing the Comptroller of State to sue and prosecute County Treasurers, and other persons charged with the collection of State revenue, who have failed or refused to discharge their duties. A. C. BRADFORD, Secretary of the Senate. Senate bill to authorize the Comptroller of State to sue and prosecute County Treasurers. Read first, second and third time, and passed. Mr. Tucker gave notice that, on Monday next, or some day thereafter, he would introduce ce a bill entitled an Act to repeal an Act entitled an Act to provide for reclaiming certain swamp or tule lands, and for Agricultural Experiments thereon. On motion of Mr. Hinchman, quarter past 4 o'clock the House adjourned until 10 o'clock, on Monday next. HOUSE OF ASSEMBLY. MONDAY, March 1, 1852. The House met pursuant to adjournment. The roll was called by the Clerk, and the following members found absent-Messrs. Canney, Chauncey, Ellis, of San Francisco, Gardiner, Merritt, Orrick, Pico, Taliaferro, Tucker and Wall. The Journal of Saturday, 28th February, read and approved. The Speaker announced the House ready to proceed to business. Mr. Brush introduced a bill for an Act concerning Estray Animals. Read a first and second time, and referred to Committee on Agriculture. Mr. McConaha introduced a bill to provide for an Act to amend an Act entitled an Act to incorporate the city of Sacramento. Read a first and second time, and referred to Committee on Corporations. Mr. Graham presented an account of D. L. Carteaux against the State, which was referred to Committee on Claims. Mr. Paxton introduced a bill to be entitled an Act to appoint commissioners to lay out State road. Read a first and second time, and referred to Committee on Roads and Highways. The following message was received from the Governor: To the Honorable the EXECUTIVE DEPARTMENT, Sacramento City, February 28, 1852. ( Assembly of the State of California : } I have this day approved the following Acts, viz:-an Act entitled "an |