Third Sacramento inundation 01/10/1862 [press date] again following torrential warm rains followed by heavy snows, 552,853 bytes

(c) 2012, Mike Barkley


Sacramento Daily Union, Volume 22, Number 3365, 10 January 1862, p. 3

. . .

CATTLE CHILLED TO DEATH.--The several cold rains of the past few days have been destructive to cattle, numbers having died from being chilled to death--five in one body of stock were seen to fall and expire in a couple of minutes, being, too, in fair condition. The cold wind pierces them as they stand on elevated knolls to keep out of the water that has spread so over the plains, and the result is numbers are chilled to death, of stock, too, that have been Winter fed. We may judge from this the destruction of cattle that have received no attention this Winter, are in a bad condition. They must have fallen in vast numbers before the freezing blasts, against which no shelter has been provided for them. Our present stcck system is a cruel one to the brutes, that should be reformed.--Stockton Argus. . . .


WEDNESDAY, January 8. 1862.
The Board met at 10-1/2 o'clock A. M.. Present--All the Supervisors. . . .

Supervisor HITE presented an ordinance fixing the grade of the streets. The same ordinance had been presented to the Board on the 6th of November last and passed on the 19th of that month, and reconsidered on the 20th. It was now introduced as a new ordinance.

Consideration of the ordinance was postponed to allow the attorney for Benjamin & McWilliams, who had a ferry over the slough at J street previous to the late flood to make a statement. The parties were engaged in repairing the approaches to the slough, and they now wish to file a bond and take out a license for the ferry for thirty days.

Supervisor HITE hoped that no action would be taken that would interfere with the construction of bridges over the slough.

Supervisor GRANGER thought it was impossible to collect the proper timber and complete a suitable bridge over the slough within thirty days.

On motion of Supervisor HANSBOW, the license was granted Benjamin & McWlillams to continue until the completion of the bridge at J street, but in no event for longer than thirty days.

The ordinance fixing the grade of certain streets was then taken up and considered.

Supervisor GRAINGER presumed that the Board did not intend to affect buildings already erected, but he was in favor of declaring that intention by resolution. If this were done there would be no hardships in the passage of the ordinance, because persons who were going to put up buildings would prefer to have those structures placed above high water mark. He was in favor of postponing the consideration of the ordinance

Supervisor HITE was suspicious of delays. He hoped Dr. Morse, who was present, would be heard upon the important question.

Dr. MORSE thanked the Supervisors, but stated that he had not intended to say anything upon the subject before the Board. He indorsed the remarks of Supervisor Granger, and believed that, with the explanatory resolution proposed, the ordinance would meet with the hearty approval of the community.

The ordinance was then laid over under the rules.

Supervisor HALL, Chairman of the Committee on Roads, Ferries and Bridges, submitted the following:

Resolved, That B. F. Leet be and is hereby authorized to build two bridges across Sutter slough, on J and K streets, respectively; to be at least as strong and durable as the bridge shown on a plan prepared by said Leet; and that said Leet is authorized to charge and collect toll on the same until the 1st day of May, 1862; provided that said Leet furnish all the material and do all of the work at his own expense and risk, and on the said 1st day of May deliver the said bridge in good order to the city of Sacramento, then and thereafter to become the property of the said city, and provided that all ferry licenses hereafter to be granted shall cease and determine on the completion and opening of either of said bridges, and that the licenses of the present ferries shall not be renewed. The rates of toll to be collected by said Leet on said bridge shall not exceed the rates now being charged by the ferry boat plying on K street.

Supervisor GRANGER was in favor of wholesome competition, and suggested that the resolution be laid over until to-morrow. A motion to that effect was adopted.

Supervisor HITE offered an ordinance to regulate the speed of steamers passing the city. The rate was fixed at five miles per hour. On motion, the rules were suspended, and the order was considered and passed without dissent.

Supervisor HANSBROW said that he had one other text for an editorial in the UNION. He intended to refer to the same old subject--the railroad. The Chief of Police, it was stated, considered the action of ha Board illegal, and had declined to obey the instructions given him. There was also a difference of opinion among lawyers as to the legality of the course planned by the Board. He believed that the Supervisors had acted in strict conformity to the law. He submitted a letter from Daniel J. Thomas, containing a legal argument in support of the course pursued by the Board in regard to the removal of the rails.

The followlng communlcation was received and read.

"To the Hon. Wm. Shattuck, President of Board of Supervisors and ex officio Superintendent of Streets of the city and county of Sacramento--Sir: You will please take notice that you will be held, by us personally liable, on your official bond and otherwise, and in your official character and also individualy, for trespass and all or any damage. or damages which may ensue to us by reason of your removing the rails or in any way disturbing or interfering with the property, rails, goods, chattels, or effects of the Sacramento Valley Railroad, or of the Sacramento Valley Railroad Company, or any part thereof, whether constructed or situated on any streets or levees west of Sixth street in the city of Sacramento, or elsewhere
"By J. P. ROBINSON, Superintendent."

Supervisor HANSBOW thought that the best course. for the Board to pursue, in order to have this question settled, would be to bring the issue into Court. He therefore moved the adoption of the following:

Resolved, That the President of the Board be authorized to employ an attorney to appear before the proper Courts and ask for injunction to issue restraining the Sacramento Valley Railroad Company from running their cars on or occupying any of the streets or city front west of Sixth street, and to compel them to take up and remove the track from off of the streets and city front west of Sixth street, in consequence of the said company not having complied with the terms regulating the same.

Adopted unanimously.

Supervisor GRANGER offered the following, which he said ought to be adopted before passing the ordinance fixing the grade of the streets. It would quiet a great deal of apprehension in the minds of property holders:

Resolved, That whereas great anxiety has been felt by property holders in the city at the great cost of the proposed grade; now, therefore, in the passage of said ordinance nothing shall be so construed as to compel the property holders at this time to fill up the streets, unless at any time after the passage of thls ordinance, three-fourths of the property-holders upon any block may petition the honorable Board of Supervisors to fill the same, when the same may be done. It is only meant that all new buildings to be erected, or any building raised, must conform to the grade hereby established.


The rules were then suspended, and the ordinance. fixing the grade was taken up and passed finally.

By this measure the grades were fixed as follows;

I street--Commencing on the levee on the west aide of Front street, eighteen inches above high water mark, and from thence easterly shall be level until it strikes the natural surface of the ground.

J street--Commencing fourteen feet west of the east line of Front street, six inches below the grade of I street, and thence easterly level.

K street--Commencing fourteen feet west of the east line of Front street, twelve inches below the grade of I street, and thence easterly level.

L street--Commencing fourteen feet west of the east line of Front street, eighteen inches below the grade at I street, and thence easterly level.

M street--Commencing fourteen feet west of the east line of Front street, two feet below the grade of I street. and thence easterly level.

N street--Commencing fourteen feet west of the east line of Front street, thirty inches below the grade of I street, and thence easterly level.

O street--Commencing fourteen feet west of the east line of Front street, three feet below the grade of I street, and thence easterly level.

P street--Commencing fourteen feet weet of the east line of Front street, three feet and six inches below the grade of I street, and thence easterly level.

Q street--Commencing fourteen feet west of the east side [sic] of Front street, four feet below the grade of I street, and thence easterly level.

R street--Commencing fourteen feet west of the east line of Front street, four feet and six inches below the grade of I street, and thence easterly level

The grades of the streets running north and south from Second street to Fourteenth street inclusive, to be as follows: Commencing at I street, the grades in their respective parts shall be the hight of a straight line drawn from the grade of I street to the grade of K street so as to touch the grade of each intermediate street.

"High water mark," as used in this ordinance, is to be deemed a point on the city gauge twenty-two feet nine inches above low water mark, be marked on said gauge.

On motion, the Board adjourned to meet this morning at ten o'clock.

p. 4


Heavy and continuous rains, followed by the melting of the snow and the rise of the rivers, are reported at various points to the eastward. At Folsom, at eight o'clock last evening, the river only lacked four feet of the hight attained at the time of the great flood, and the water continued to rise at a rapid rate. At the same hour we learned at the telegraph office that a heavy storm of rain prevailed at Strawberry, Placerville and Folsom. The bridge at Willow Springs, three miles east of Folsom, has been swept away. From Carson City, intelligence has been received that the water was pouring down the mountains in torrents. The bridge below Silver City was carried away. In this vicinity the American had risen about three feet by last evening,

At a meeting of the Board of Supervisors held yesterday morning, ordinances were passed imposing penalties for obstructing the streets of the city by fences or otherwise, and for placing signs over the sidewalks. The plans and proposals of G. W. Colby for constructing bridges over Sutter slough at J and K streets were referred to a Special Committee, with power to close the contract with that gentleman. Supervisor HANSBROW, who is going to the World's Fair, took leave of the Board. An attempt to pass the Rightmire bill, notwithstanding the objections of the Auditor, was defeated, and the sense of the Board was taken in favor of an appeal to the Legislature for authority to levy a special tax for the payment of the claim.

DESTRUCTION BY WATER.--Within the past month California has suffered a loss of millions of dollars by floods. The exact amount can never be ascertained, but if the figures could be presented to the people, it would astonish them. Intelligent gentlemen from Trinity affirm that the damage by water in that county in the month of December was not less than one million of dollars. But that county has suffered heavier losses than any other in the mines, though all are included in the list of heavy sufferers. The Sacramento valley is represented as presenting a scene of desolation for two hundred and fifty miles, and the San Joaquin valley must from accounts, be in pretty much the same condition.

On the west side of the river from this city in Yolo and Solano, thousands of acres have been submerged upon which water has not been seen during the past eleven years. It will require years for the State to recover from the effect of the destructive floods by which she has been visited. An invasion by Price and his rebel marauders wouid not have proved half so destructive. . . .


Governor Downey transmitted to the Legislature yesterday his second annual Message. . . .
The Governor commences with the remark, that "a most eventful year has been added to the history of the country." A fact which no one will dispute. It is also true that our State has prospered the past year, with the exception of the immense destruction of property by floods during the past month; this fact the Governor seems to have overlooked in summing up the events of the year. A loss of millions by one of the destructive elements in the last month in the year might have been appropriately referred to in the Governnor's [sic] Message. . . .

NOT YET REPAIRED.--It was a month yesterday since the city was inundated and the railroad rendered useless this side of Brighton. It was repaired in a few days to the break in the slough at Sixteenth street; and at that point the repairs seem to have pretty much come to a stand still. We confess to a little surprise that the breaks have not all been repaired within the month, for the road is losing business enough each week to pretty well pay for the necessary repairs to enable it to be operated from the city. We do not see why the work of repairing was not commenced each side of the breaks. What little business is doing in the city is suffering a heavy drawback for want of the shipping facilities heretofore offered by the road. The roads are now in such condition that were the railroad in working condition all the goods sent to the interior would be forwarded by railroad. But the difficulties of getting freight now to where the railroad receives it are so great as to amount almost to a prohibition. We heard a merchant say last night that he paid, yesterday, ten dollars a ton to have goods hauled to where the railroad could receive them. This is an awful tax on Sacramento business, and one which merchants are deeply interested to have removed. If no other plan presents itself, they had better unite and put J or K street in such a condition that they can be used by teams with a half load. The short remedy, though, is the repairing of the railroad. A railroad could now be of more service than ever again. . . .


The American at Folsom.

FOLSOM, Jan. 9--8 P. M.
The river here lacks four feet of being as high as at the great flood, and is now rising at the rate of one foot and a half per hour. It has raised fourteen feet to-day. The weather is stormy.

The Weather in the Interior.

COLOMA, January 9th--9 P. M.
The water at dark was within a few inches of the previous high water, and was rising rapidly. It is still raining hard.

CARSON CITY, January 9th--9 P. M.
It has stopped raining here. The wind is blowing hard.

WEBSTER'S STATION, Jan. 9 th--P. M. [sic] .
The water in the river at this place is as high as it was after the first big storm. The snow is nearly all gone; there is perhaps five inches left. It rains very hard with no present indication of letting up.

STRAWBERRY, Jan. 9th--P. M.
It has been raining at this point for the last thirty hours, most of the time extending to the summit. The snow is settling and disappearing very fast. The river is quite full--perhaps as high as during the previous storm.

It is still raining here, with no indications of clearing up. No express or mail stages from the East or from Sacramento have arrived today. The opposition stage from Sacramento arrived at about 5 o'clock. It got through by heading [?] some of the small streams.

The mail rider from Grizzly Flat reports that there was a foot of snow there previous to the rain, and when he left this morning it had all disappeared except about an inch.

CHICO, Jan. 9th.
It has stopped raining here, but the wind is blowing furiously.

OROVILLE, Jan. 9th--9 P. M.
It has stopped raining here. The river raised five or six feet to-day.

No rain has fallen since three o'clock. The river raised rapidly.


Just commenced raining again.

Just commenced storming very hard.

THE PRESENT STORM.--We find the annexed dispatches in the Bee, under date of Jan. 9th:

PLACERVILLE, 10 A. M. --lt rained all night to the very summit of the Sierras. The snow is melting fast and the streams are coming up rapidly. It is still raining here and at Strawberry.

PLACERVILLE, 1:30 P. M.--The rain continues to pour down. No stages can cross to-day between this place and Folsom. Hangtown creek is higher than ever before known.

FOLSOM, 12:30 P. M.--American at this place rose seven feet since daylight this morning until now and continues to rise fast . The bridge at Willow Springs, three miles east of this place on the Placerville road is carried away and stages cannot cross.

WEBSTER'S. 35 miles east of Placerville, 10:30 A.M.--The South Fork of the American at this place is now as high as it was at any time this season, and it is still rising. The rain is falling heavily.

CARSON CITY, N. T., 11 A.M.--It rained here all last night, and continues to pour.

CARSON CITY--1:45 P. M.--It commenced raining here yesterday about three o'clock, and continued without intermission up to this time. There was about one foot of snow lying on the ground, but it has all disappeared. The water is pouring down in torrents from the mountains, flooding the streets and valleys. Much apprehension is felt that the Carson river will overflow, which would cause great damage to the mills on that stream. The bridge below Silver City, at the Sierra Nevada House, was carried away. Langton's stage, coming down this morning, was very near being carried off--capsizing stage, and the horses narrowly escaped being drowned. All communication by stage between here and Virginia City is cut off. Still raining with unabated violence, and it is impossible to get through the streets with teams.

p. 5


DEATH AND INQUEST.--A man named Peter Connelly was found dead yesterday morning in the rear of the residence of. Mrs. Phillips, at Thirteenth and L streets. At about seven o'clock on Wednesday evening, while engaged at work in the house, she heard and saw some one at the window. She asked what was wanted, and he answered that he wanted to come in. Mrs. Phillips, whose husband died some months ago, being alone with her two children, was very much frightened. She told him to leave, that he had no business there, and locked the doors and barricaded them with chairs, tables, etc. She also put out the light, and then saw that the man appeared intoxicated. She was afraid, however, that that might be assumed, and that he had some sinister object in view. He subsequently passed around the house and knocked at the back door, again demanding admission, and still later she heard him groaning and hallooing. She then called to George Brier, who lived on the opposite corner, telling him that there was a drunken man there--that she was afraid of him, and asked him to come over. It was raining very hard at the time, and the street between the two houses was covered with water. Brier told her he could not get across without going into the water, but if the man attempted to break into the house he would go over. Yesterday morning the man was found lying dead alongside a bale of hay, some two rods from the rear of the house. A bottle of liquor, a mustard bottle, a whip and an empty pocketbook, were found with him. Coroner Reeves was informed of the facts of the case, and held an inquest over the body yesterday forenoon. The deceased proved to be Peter Connelly, a ranchman, who lived near the upper Stockton road, about nine miles below the city. He came into town on Wednesday afternoon with a team. On K street his team became stalled, and he asked parties to assist him, stating that his family was on the ranch in need of provisions, to obtain which he came to the city. The team was found yesterday morning on K street, and was sent to the stable of James McClane. The Coroner's Jury was composed of W. H. Stickman, P. F. Dunn, D. H. Davis, W. H. West, S. Roll and D. D. Loveland. The witnesses examined were Mary Phillips, George Brier, H. Varwig, James McClane and S. E. Kyburg. The jury returned a verdict to the effect that the name of the deceased was Peter Conelly, a native of Ireland, aged thirty-three years, and that he came to his death near Thirteenth and L streets in this city on the eight of January 8th, 1862, and that the cause of his death was intemperance and exposure. Two brothers of the deceased arrived in the city last evening. He was unmarried but lived with his brothers. His funeral will take place at ten o'clock this forenoon. . . .

THE STAGE OF THE WATER.--At sunset last evening the American, at the Tannery, had risen but two and a half or three feet, and did not appear to be rising rapidly. An additional rise of four feet was necessary to bring it to the hight attained on the 9th of December. At and near Burns' Slough an increased volume of water was coming over. It had overflowed the ground to the base of the Thirty-first street levee, and men were engaged in the afternoon in strengthening with gunny sacks such points in the levee as were presumed to be weak. The water of course found its way into the lower portion of the city, and during the evening rose at the Pavilion about one foot. From the fact that telegraphic dispatches represented the varions tributaries of the American to be much swollen, considerable apprehension was felt by many that the result might be inconveniently felt in our city. It was not believed, however, that the business portion of the town could be again inundated. . . .

AT R STREET.--The levee at the foot of R street continued to work away yesterday quite rapidly. A large quantity of lumber, belonging to the Railroad Company, caused the earth to cave. Some twenty men were engaged during a great portion of the day in removing it. The eddy at that point seems to be bent on malicious mischief, concerning the large scale belonging to the Company. At a point in the levee still farther down, serious inroads were also made. E. P. Figg was engaged during the afternoon, with a gang of workmen, in securing this point with gunny sacks of earth.

RAIN.--Dr. Logan reports the amount of rain which fell between eleven o'clock A. M. on Wednesday and nine P. M. yesterday, to be 1.810 inches. We have had during the present season 15.327 inches of rain, of which 2.170 fell in November, 8 637 in December, and 4.520 in January. This aggregate is a large amount for the period, and the season's rain bids fair to equal that of '49 and '50, or '52 and '53, which was over thirty-six inches at either period.

WHO ARE MISSING.--A ranchman who resides four miles up the Sacramento, brought information to the city yesterday that a boat was upset in the river several days ago, containing two men, and both were drowned. The river was rough and no assistance could be rendered. They were not known by those who saw them. Who are missing?

THE RIVERS.--The Sacramento river at sunset last evening had raised six inches within twenty-four hours, standing at 21 feet 6 inches above low water mark. The American river raised at its month about one foot during the day, and at Rabel's about three feet. At Brighton it was reported to have risen about six feet.

TEMPERATURE.--The thermometer at Dr. Logan's store stood at two o'clock and nine o'clock P. M.. yesterday, at 56 degrees above zero. This is warm weather considering the prevalence of a winter storm. . . .


THURSDAY, January 9. 1862.
The Board met at 10-1/2 A. M. Present, all the members. . . .

Supervisor HALL submitted the plans and specifications of B. F. Leet, for the construction of a bridge over Sutter's Slough at K street.

Proposals, plans asd specifications were also submltted from G. W. Colby, for the construction of bridges over the same slough, at both J and K streets. Besides constructing the bridges, Mr. Colby proposed to give bonds to keep the streets approaching said bridges in repair.

Supervisor HALL, on behalf of the Committee on Roads, Ferries and Bridges, offered the following:

Resolved, That B. F. Leet be and he is hereby authorized to build a bridge across Sutter slough on K street said bridge to be built of the best quality of Puget Sound pine timber, and according to the specifications previously submitted by said Leet; and that said Leet is hereby authorized to charge and collect tolls on the same until the 15th day of May, 1862, at the following rates: Animals in droves,--per head; for one animal and rider, twenty-five cents; two animals and vehicle, forty cents; four animals and vehicle, sixty cents; and ten cents for each additional animal over four; foot passengers, twelve and a half cents. Provided that said Leet furnish all of the material and do all of the work, at his own expense and risk, in building said bridge, and keep the said K street in good order, so that from Eleventh street to the eastern limits of the city of Sacramento as heavy loads can be transported as can pass over the roads beyond; and that on the 15th day of May, A. D. 1862, the said bridge shall be delivered by the said Leet to the city of Sacramento, in good order, there and thereafter to become the property of said city; provided, further, that no ferry licenses shall be granted by the Board for establishing ferries across said slough, and that when the present ferry licenses across said slough shall expire, they shall not be renewed; said Leet binding himself in the sum of two thousand dollars for the immediate commencement and faithful performance of the work hereinbefore mentioned.

On motion, G. W. Colby was allowed to be heard in explanation of his plans and proposals. He pointed out the differences between his plans and those of Mr. Leet, and said be proposed to erect longer bridges, composed of more durable material, than the one planned by Mr. Leet, and to surrender the J street bridge by the 15th of April--one month earlier than the time fixed by Leet--the bridge at K street not to be delivered to the city until the 1st of Jane.

Supervisor HITE favored the plan of dividing the work, and thus insuring competition.

Supervisor HALL then asked leave to withdraw his resolution.

Supervisor HANSBROW said this matter of constructing the bridges was not in a proper shape for action. He was in favor of Colby's proposition, but he wanted the contract drawn up in intelligible form.

On motion, the subject was laid upon the table temporarily in order to allow Mr. Colby to prepare specifications.

The complaint of Mr. Bernard, that by the digging of a ditch all communlcation with his place of business had been cut off, was referred to the Committee on Drains, with power to act. . . .

Supervisor WATERMAN moved a reconsideration of the vote by which the objections of the Auditor to the Rightmire bill were sustained. The ayes and noes were called upon this question, wtth the following result: Ayes--Granger, Dickerson, Hite, Hall, Woods and Waterman--6, Noes--Russell and Hansbrow--2.

J. W. COFFROTH then addressed the Board at length in favor of the Rightmire claim. He argued that there was no necessity for an appeal to the Legislature; that the Board was perfectly competent to meet the obligation; that the members had pledged themselves to pay the debt; and that this debt, honestly contracted, should be paid, "without regard to popular clamor."

Supervisor HANSBROW replied, and contended for an appeal to the Legislature.

The ayes and noes were then called upon the question of ordering the Rightmire bill to be paid, notwithstanding the objections of the Auditor, with the following result:
Ayes--Granger, Hite, Dickerson, Waterman and Hall-5.
Noes--Hansbrow, Russell and Woods--3.

As this was not a two-third vote, the question was decided in the negative. . . .

On motion, B. F. Leet was allowed to withdraw his plans and specifications for the bridge at K street. . . .

The subject of constructing bridges over Sutter slough at J and K streets, was then taken up, and Mr. Colby submitted final specifications for both bridges.

Supervisor HANSBROW moved that the plans and specifications of Mr. Colby be referred to a special Committee, with power to close the contract with that gentleman. Agreed to.

Supervisors Hite, Granger and Russell were appointed to serve as the Committee.

Supervisor HANSBROW offered the following:

Resolved, That this Board take some definite action with reference to the claim of A. D. Rightmire, by the passage of a resolution directed to our members in the Legislature, requesting them to have passed a bill levying a special tax for the payment of the same.


On motion, the Board adjourned, to meet on the third Monday of this month, at two o'clock.


EDITORS UNION: "T------," in a recent issue of the UNION thinks the plan of Colt's levee not applicable to your levee on the American, because the bottom, the foundation is not permanent. I do not desire to meddle in the affairs of Sacramento, but I have an earnest desire to see her succeed in her efforts at self-preservation, and if anything I can say may be of the least benefit, I shall feel repaid for my trouble. I am but partially acquainted with the situation of the land where the danger lies, but I infer from what a correspondent says, the Citizens' Committee is building a levee on a shifting foundation. I know that this can be done for I have seen it. Although I never saw it done on river banks, I have seen permanent breakwaters on shifting bottoms at several places on the great lakes, which have long withstood the fury of the waves, far more powerful than the current of the American. For a single instance: The breakwater at Chicago, Illinois. This work is very long and shows a full broadside to the northeasterly gales, but it withstands the force of Lake Michigan's waves, as they dash against it. I have seen sunken cribs operate successfully for the same purpose; but they would fail in the case mentioned, on account of the movable sandy bottom. But these sandbars have a foundation, and by penerating [sic] to it and sinking piles in it, then bolting strong planks on the piles parallel with the current, ground on the inside would not be washed away. This is mainly the plan of the Chicago breakwater. I do not feel capable of advising your authorities, but if you consider there is any fact here stated which is worth consideration, you may use it. . . .

MARYSVILLE, Jan. 8th. . . .

THE ROADS IN YUBA.--On this subject the Marysville Appeal says:

The prolonged storms, the extensive freshets, and the long neglect of the authorities, have combined to make the thoroughfares leading from this place to the country north and east of us of just about as much use for all practical purpose as though they had never been laid out. Traveling by them may be said to be virtually suspended; and while we have stocks of goods for sale in this place, and mountain traders are out of the staples of business, we have no decent means of communication; and though the trouble is not confined to our county, even the roads directly under the control of our city and county authorities are not kept even in passable order, and were not before the late storms set in. . . .

RAIN IN SAN FRANCISCO.--The people of San Francisco appear as much disgusted with the immense flood of water as are the people of Sacramento. The Bulletin says :

Will it ever dry up--this rain? Flooded cellars, streaming sidewalks, foaming gutters, small mud lakes, are among the pleasant accompaniments of this unending storm. . . .

p. 8

PROVISIONS SCARCE.--A letter received in Stockton from Hornitas, states that the stock of groceries and some kinds of provisions are getting pretty well run out in that vicinity, and that if some are not forwarded soon, there will be a decided scarcity. . . .

Sacramento Daily Union, Volume 22, Number 3366, 11 January 1862, p. 1


Friday, January 10, 1862.
At eleven o'clock the Senate was brought to order and the roll called, a number of late members failing to respond; . . .


Mr. DE LONG asked leave to introduce a bill without notice, which was granted.

The SECRETARY read the bill by its title (Bill No. 2)--An Act concerning swamp and overflowed lands, salt marshes and tule lands donated to the State of California by Act of Congress. It was read twice.

Mr. DE LONG--I move that the rules be suspended and the bill read for the third time.

Mr. PERKINS--What is the necessity of that?

Mr. DE LONG--The necessity is, we want to stop the contracting of the reclaimants of swamp land during this flood.

Mr. PARKS--I hope that bill will take its regular course, and be laid on the table until the Committee on Swamp Lands shall be appointed. I make the motion that it lie on the table.

Mr. DE LONG--I believe the motion to suspend the rules will take precedence.

The PRESIDENT--The motion to suspend all the rules is quite unusual.

Mr. DE LONG--Although the motion is not debatable I trust that the Senate will give attention to the matter.

The PRESIDENT--The motion is, shall the bill lie on the table.

On a division, the motion was carried--ayes 14; noes, 6.

The PRESIDENT--Barely a quorum has voted. The Senate is admonished that a quorum, in cases of this kind, is necessary, or the vote stands for nothing. Very often bills are passed with only one man voting in favor of it. The practice is not to be tolerated. . . .


PROMISE OF A GOOD HARVEST.--The continuous rain though suggestive of dull times and some damage to the city, gives promise of abundant crops the next two years in our valley. The largest crop per acre harvested in our valley, and if we mistake not, in the Sacramento Valley was the harvest succeeding the freshets of 1852-53. For the last six in [?] years there has been but one year which there was an over supply of moisture added to our tillable soils, and two or more years the rains were insufficient; so that the moisture of the earth, on which our crops are dependent, has been gradually reduced until its want has been shown in a lessened yield per acre of our cereal crops, beyond the falling off which constant cropping occasions. The abundant rains of this season will replenish the earth's exhausted reservoirs, and its good effects will be seen for more than the coming season.--Napa Reporter. . . .


The Alta of November 9th gives a sad account of the effects of the late storm in San Francisco. At the time of preparing the article the rain had not ceased, and the storm subsequently was very severe. The particulars of the disasters caused by the flood read very much like those connected with the Sacramento flood of December 9th:

The rain storm of yesterday was renewed at an early hour this morning, the waters pouring down with a volume and violence almost unprecedented, even in California. The waters were fairly pumped out of the clouds, and the consequence is that considerable damage has resulted to such portions of the city as would receive the drainage of the streets built on the hillsides. The waters coursed in streams down the streets running east and west, carrying with them so much sand and debris as to choke the culverts to the sewers at the intersections of the streets running north and south, and all these thoroughfares were more or less flooded, as ponds soon formed, and the water found its level according to the grade. Montgomery street never presented a like view as it did about 8 a. m., for nearly the whole length from Market to Jackson was covered with water, and some places over the curb and sidewalks. A large amount of water and mud inundated cellars, but further damage was prevented by the prompt removal of the culvert and sewer covers, which soon reduced the accumulated waters. The platforms used for the horses attached to job wagons and loose timber floated about with the current, and taken in conjunction with the dilemma which residents and passers through were in, created a scene of some excitement if not novel interest. To show how heavy was the fall of rain the past twenty four hours, the gauge (which, if anything, is inclined to under rather than overrate,) at nine A. M. to-day indicated that 3 40-100ths inches of rain had fallen since nine A. M.. yesterday, giving us nearly a foot of rain within seven days. The greatest damage has been done to that portion of the city lying at the base of the hills. On Bush Btreet, between Kearny and Montgomery, where a sewer was in course of construction, a large gully was washed away, and the water and mud ran into the cellars on the four corners of Montgomery street, doing the most damage to the Tontine and Occidental buildings. Here it was necessary to throw up wooden and earthen barricades two feet high, in the shape of a sluice, to run the water off. Below Sansome street nearly all the cellars were filled with water, and the services of the Fire Department were called into requisition, and their apparatus used to pump them clear. As the occupants of the stores in this section of the city are annually subjected to overflowings of their cellars, we presume the actual damages will not prove as great as they appear. Dwelling houses built on declivities of hills suffered considerably, quite a number in the northern and southern portions of the city being inundated, and we have heard of several instances where the water filled the lower story. The damage will be felt more by private families, and to many the damage will be heavy. Those built on streets recently improved by grading--either by filling up or cutting down--also suffered, as large masses of earth and stone have been washed away, and in some locations near North Beach, the newly filled streets have been washed away in various places. On Second and Third streets the planking and sidewalks have suffered considerably. The top of the sewer or fire cistern (we do not know which) at the intersection of Mission and Second caved in, and a large and by no means inviting hole left in the center of the street.

The morning stage for San Jose left the Plaza at its usual hour, but was forced to return to the city after going three miles, the county road being impassable.

The waters in Mission creek have overflowed their boundaries, and Brannan street, in part, with the flats in that vicinity, have been flooded.

No damage has resulted to the shipping at the wharves that we can learn, nor have any houses been carried away. The result is a very great annoyance--temporary, it is true, but nevertheless inconvenient.

The head waters of Mission creek overflowed the Willows, carrying off a number of the improvements.

The Market street Railroad track was washed away by the flooding of a branch of Mission Creek, which runs by the Acid Factory The property of R. B. Woodward, which adjoins the creek, is also flooded.

The embankment of the Mission street. plank road, which took the place of the bridge at the intersection of Seventh and Eighth streets has been washed partially away from the pressure of the flood on both sides, the back waters from Mission Creek and the neighboring ponds having forced a passage through.

The buildings on Post street, between Stockton and Powell, have from eight to ten feet of water in them.

An outhouse of the Mission Woolen Mills, used as a storehouse for wool, was blown over yesterday by the wind. Two workmen who were in the second story escaped uninjured by jumping down on the bales of wool, when the roof covered them.

The various streams feeding the Mission creek have all overflowed, and much damage, has been done to gardens and residences.

The Journal of the same day says:

This morning, during the heavy rain, Chief Burke was called from his domicil by the astonnding intelligence that the station house was overflowed, and sure enough, when he got there he found eighteen inches of water in that "home of the inebriate." This not much needed and rather convenient cleansing was caused by a rush of water from the hill above Kearny street which, finding no escape through the inlets to a subterranean channel, facetiously termed a sewer, in the proceedings of the Bourd of Supervisors, overran the sidewalk in front of the City Hall and flowed through the gratings into the prison below, so copiously as to inundate the City Prison. The exploring party sent out by the Chief, finally succeeded in finding the grating, which, at the street corners, are supposed to indicate sewer entrances, and after removing the slabs of stone, apparently placed there to prevent the passage of water, succeeded in leading off the heavy flow which was doing so much mischief. The lower part of the city is suffering from an actual inundation. The cellars of all the mercantile houses nearly are filled with water, and the flood even made an effort to wash out Davidson's bank, on Montgomery street. As, however, that institution is "fast," there are no signs of a "fade," notwithstanding the heavy washing to which it was this morning subjected. . . .

SNOW IN NEVADA COUNTY.--A severe snow storm recently visited Nevada and its vicinity. The Democrat of January 7th says:

We were visited on Sunday last with a severe snow storm. It commenced snowing about noon of that day, and continued without intermission for twelve hours, and yesterday morning the ground was covered to the depth of from twelve to fifteen inches at this place. At Eureka the snow fell to the depth of three feet. and about the same quantity fell upon the ridge above Omega. The stage lines to Omega and Moore's Flat have substituted sleighs for their stages. The weather has been quite warm yesterday and to-day, and the snow is gradually melting off. . . .

p. 2

In consequence of the flood having extinguished our fires, we were unable to print but a limited edition of the present number of the UNION. In case the water subsides, we shall endeavor, in the course of the day, to strike a sufficient number of copies to supply our subscribers.


In consequence of the flood the wires were disarranged; and there was no telegraphic communication with any point yesterduy [sic]. . . .

Locally, the flood, which has again placed the greater portion of the city under water, absorbs all other topics. The continuous rains and the rapid melting of the snow in the upper country have swollen the rivers and precipitated torrents of water upon us before the defenses of the city could be repaired and strengthened. . . .


Since the flood of the 9th of December, which deluged Sacramento, and in a few hours destroyed the property of her citizens to the amount of at least a million of dollars, we have not been favored with a half-dozen clear days. Rain storms, with snow in the mountains, have succeeded each other with such rapidity as to render all attempts of the Citizens' Committee, who have abundant means at hand, to close the levee at Burns' slough and this side, so as to insure the city from further floods in the American river, ineffectual. Their first attempt would have been a success, had three days more of weather in which they could work been allowed them. But the storm of the 26th of December drove the men from the work, and the water again invaded the city, but not to the extent of interrupting business and locomotion on the main business streets. Such, however, have been the steady additions by rain and snow since that date, that the water at the slough did not so far subside as to permit work to be resumed at that point, and consequently the flood produced, by the late terrible storm, in the American, was left free to spread over the country east of the city, and consequently to back up into it, until it is again under deeper water than before. This flood has been poured into the valley at a time when it is filled and covered with water on all sides, as far as the eye can reach. The Sacramento, too, is up to high water mark, with the water on each side standing at about the same level, thus rendering it impossible for the water which has been precipitated upon the city by the American to run off to the south as fast as it would under more favorable circumstances. While a great deal of suffering and destruction will be caused by this third watery visitation for this season, the loss will not be so great compared with that caused by the first. People are better prepared; there is much less of perishable property upon which the water can operate. Many of the sidewalks and crossings which have been laid since the first inundation will be floated out of place, and there is a probability that the water will remain for some length of time in the southern portion of the city.

These repeated inundations are not very encouraging in their influence, but they furnish no ground for despondency; and if they did, Sacramentans will be the last to perceive it. They have in times past triumphed over fire and flood; their city has been by those two destructive elements, on a previous memorable occasion, nearly swept from existence; but the indomitable spirit of her citizens scorned to acknowledge any such word as fail, and their enterprise and desperate energy rebuilt their city in a form more beautiful and substantial than before it was blotted out by fire and flood. Such a people cannot be crushed; they will, as they have before, rise superior to the misfortune of floods, and, with time vouchsafed them for operations, restore Sacramento to what she was on the 1st of December, 1861, and build a levee around her which will bid defiance to the torrents of the American and the floods of the Sacramento. It can be done, and Sacramentans will do it. Sacramento must and will continue the second city in the State in spite of the elements. The wants of commerce, agriculture, society and the State demand a city at this point, and here one will be maintained. The future is certain. But the people of Sacramento have been lulled into a false security; nine years had passed without their even being seriously threatened with an overflow, and many fancied that the day of floods had passed, never to return. They have been rudely undeceived. They have been taught that they knew little of high water and a continued rainy, stormy season. They have learned by a bitter experience that they have, while zealously laboring to promote the prosperity of Sacramento in other directions, totally neglected the real point of danger to that property.

Within the past four years Sacramento city and county have paid twenty-five thousand dollars towards building a wagon road over the Sierra Nevada; they have raised and expended some thirty thousand dollars in a splendid Agricultural Hall; the city raised and paid sixty-five thousand dollars to the owners of the property on which the Capitol building is to be erected, and the State accepted a transfer of that property for that purpose, but in all this time not a dollar was appropriated in repairing and strengthening the levees, upon which the existence of the city depended. An exemption from floods for nine years, led to criminal negligence on the part of the people and the authorities. The latter stood by and permitted the Railroad Company to remove the trestle work over the slough, and substitute therefor a solid embankment which rendered the inside levees not only useless but absolutely injurious to the city. These follies will not be repealed. The people of Sacramento have taken a lesson from experience which they will not soon forget. They must, however, have time to accomplish the ends they have in view. After being granted this time, if they fail to place their city in a position which the most timid will admit is a perfectly safe one against the encroachments of water, they will frankly say to the Legislature that it owes it to the people to remove the Capital and declare to the world that Sacramento is no longer the Capital of California. But until it is demonstrated that Sacramento is unable to defend herself against floods, her citizens ask as a matter of sheer justice in the presence of what they have done, as well as in the face of the calamities they have lately suffered, that no movement shall be made looking to a removal from this city of the Capital, or even a temporary adjournment of the Legislature to another locality. It might, too, be added, that the State, when she accepted property which cost $65,000, for the purpose of building a State House, entered into a contract with Sacramento to continue her as the State Capital. The first appropriation was conditioned upon the paying for the land which composes the Capitol grounds, by the people of this city.

If Sacramento cannot be defended successfully against floods, her citizens will not ask the State to continue her as the Capital. They will surrender all claim. In the opinion of those who have given the subject much attention, the late floods have demonstrated that levees can be easily enected which will form a perfect protection. The water has pointed out the points to be strengthened, while the levee on I street and on Front street have demonstrated the kind and character of the levees demanded on the American. That on I is about sixty feet at the base and say forty on the surface. No weight of water can disturb such a levee. It is admitted to be safe beyond peradventure, and this is the character of levee it is proposed to build from Sixth street to the high ground this side of Brighton. For most of that distance there is now a safe levee, but the plan is to add to its width and hight until it is admitted to be wide enough to resist any amount of water, and at least five feet higher than the highest water line known to the residents of this valley. A new grade, too, has been adopted, which will finally place the foundation of the city above the high water line of this year. It will require some years, though, to elevate the foundation of the city, while a few months of reasonably fair weather will suffice for completing the levee. And after it is built, the plan includes an annual special tax for the purpose of improving, elevating and keeping it in complete condition at all seasons and under all circumstances. To accomplish these ends, we reiterate that time is necessary. . . .

p. 3


ANOTHER DESTRUCTIVE FLOOD.--Our city was visited yesterday by another destructive flood, exceeding as to hight of water that of the 9th of December by at least twenty inches. Thursday evening, in consequence of the incessant rains of the past few days and the melting of the recently fallen snow in the mountains, the American river became so swollen that east of Rabel's tannery it commenced to overflow its banks and cover the entire area of country east of the Thirty-first street levee. The most of the openings in this levee made a month ago, except those near R street, had been closed up by the Committee of Safety. It soon became apparent, however, that there was danger of their yielding again to the force of the water, and in the afternoon every effort practicable was made by the Committee to strengthen the levee with gunny sacks, etc., for the night. In the evening the water raised in the lower portion of the city perhaps a foot before ten o'clock. At sunrise yesterday morning the rise in the southern part of the city was found to be two and a half or three feet, while the eastern portion north of J street was also flooded. Early in the forenoon the water reached the level of L street in the south, but as the entire northern and western levees remained firm a general confidence was felt that the R street railroad would carry off all the water which come in from the east, and that no considerable additional rise could follow. Still the tide advanced slowly but steadily. That of December 9th came with much speed and force, chiefly along the streets north of R, from which it backed up to K and J. That of yesterday approached in a more even line from the east, rolling gradually down J and K to Front street. At one o'clock P M. those streets, at Eighth and Ninth, were under water. At about two o'clock the water had found its level at Front street. Higher and higher it rose, and at about 4 o'clock in the afternoon, it attained a hight equal to the highest rise of December 9th, which occurred at about nine o'clock on that evening. On that occasion the water covered a portion only of the first floor of the UNION office. At seven o'olock last stood twenty inches on the floor. The depth on J and K streets averaged from four to five feet. During the entire day the water passed freely through the openings in the railroad, and early in the day it was said that there was a fall of two feet at those nearest Poverty Ridge. The city presented in the afternoon an animated appearance. Merchants were engaged in many quarters in raising their goods on platforms erected in their stores above the line of supposed danger. Stock owners were busy in driving horses, mules, etc., etc., to the I street and Front street levees. Women and children were seen moving from one point to another, going into upper stories wherever practicable, or on to higher streets than those which they had just vacated. There were some of the land operations observable, but the marine movements of the occasion constituted the chief feature of the day. There was much less danger of loss of life, or of personal inconvenience, than at the time of the first flood; and there was but little of the fear and anxiety and excited hurrying to and fro of that occasion. Hundreds of boats were afloat on the streets, some carrying one passenger and some a dozen; many contained ladies and gentlemen, evidently out on excursions of pleasure, while nearly all who were out seemed to enjoy the novelty of the occasion, and created for themselves, and for spectators on every available balcony, hilarity and mirth. There were many, however, in the southern and eastern portions of the city, who were compelled to leave their homes in boats, and without knowing where to find accomodations. The hotels were soon thronged, and could receive no more. A large number who had suffered but little inconvenience heretofore found before night that their confidence had been too great. Early in the day the Committee of Safety commenced work at such points on the levees as required attention. E. P. Figg resumed work with a dozen men below R street. The levee there had been reduced to a width of not more than ten feet. Before noon he had completed the work and left the place in a comparatively secure condition. Rabel's Tannery was also the scene of life and activity. The Committee of Safety had constructed the new levee, and left the old one standing as a breakwater to protect it. They arranged to let the water gradually in between them to form a basin of still water to guard off the current. This they deemed necessary to prevent the new embankment from washing away. George R. Hooker, who resides in the neighborhood, had been on duty on the levee all night. At about daylight, for the purpose, as was alleged, of making some portion of his garden more secure, he cut the old levee at the lower end of the basin, and started a stream of water through into the river. The effect of this proceedure [sic] was to start a current along the base of the new levee, which, it was found, would soon wash it away, and bring the full tide of the river, with its resistless and relentless force, through the heart of the city. When the members of the Committee arrived the feeling was such that a warrant was subsequently issued on the affidavit of W. F. Knox, charging Hooker with malicious mischief. Workmen were at once employed in filling gunny sacks, and several rods of the levee were lined with them in such a manner by eleven o'clock A. M. as to promise permanence and safety. On more mature reflection and a dispassionate survey of the field, the members of the Committee were less inclined to severe censure towards Hooker than at first. Soon after the levee was cut the water rose so high as to overflow the top of the adjoining portions of it, and thereby produced the current which it was desired to avoid. They felt that it was at most but an error in judgment, which had produced no serious injury, and partially inclined to the opinion that it was perhaps a judicious step. This appeared to be their feeling when Deputy Sheriffs Lansing and Christie arrived upon the ground with a warrant and arrested Hooker--he in the meantime having been at work himself all night, and being engaged with his team all day in hauling brush, etc., doing everything in his power, to forward the work according to his judgment; they came to the unanimous and natural conclusion when Lansing read the warrant that republics are ungrateful. He came to the city and gave the necessary bond for his appearance at Court. At noon yeaterday the water at the Tannery was not so high by about six inches as on the 9th of December. We were unable to learn anything from that point during the afternoon. It was thought by many, from the extreme hight of the water in the city, that the new levee must have yielded to the current late in the afternoon, but we are inclined to think that that could not have been the case. It is highly probable that the banks of the American were overflowed for several miles above and that a good share ef the water after leaving the river took a south westerly course towards the city. The morning train from Folsom came in to Poverty Ridge and on attempting to return it was found that all that portion of the railroad recently washed away and repaired was again carried off. Nearly three quarters of a mile had been carried off or rendered impassable. The train being unable to get either east or west remains still in the vicinity of the Ridge. About ten days work will be necessary before the next train can go to Folsom. During Thursday night a Committee of the Howard Benevolent Society were on duty at the Pavilion, and during yesterday that building was resorted to by large number who were furnished with and such accommodation as their necessities required. Many of our boatmen were generously employed yesterday in rendering service wherever it was needed. We are informed that a new boat, launched on Thursday--the Lucy Harron--manned by W. H. Lee and ---- Kendall, rescued some thirty persons, mostly from the tops of houses, near Sutter's Fort. They were all taken to the Fort building. So far as we are advised, no loss of life occurred or accident of serious character. The loss of property will, it is feared, be very heavy, though it is to be hoped not equal to that of the former flood. A less quantity of furniture and clothing will probably be destroyed. A less quantity of merchandise of various descriptions was exposed below the supposed high water mark, but the last twenty inches of rise in the water will be found to have destroyed an immense quantity of goods, which were, at noon yesterday, supposed to be entirely secure. A number of small frame buildings floated off late in the afternoon through the R street levee. After three o'clock in the afternoon a portion of the west wall of Agricultural Park, about three hundred feet in extent, fell to the ground. At eight o'clock yesterday morning the water in the Sacramento stood at about twenty-one feet above low water mark. It rose gradually through the day, and at seven o'clock in the evening--although too dark to see the figures on the gauge--we think from other marks that it obtained a hight of twenty-three feet. If we are not mistaken on this point, the river was five inches higher than the highest recorded mark. At the same hour, the water in the city had reached the top of the Front street levee, and was running over in many depressed places. It appeared to be nearly a foot higher than the water in the river. At nine o'clock a rain set in, which though not violent was steady, and continued up to the closing of our report. The fires under our boilers were extinguished at about 5 o'clock, stopping the press while running off the weekly edition. There is reason to apprehend that the families of ranchmen, for miles below the city, have suffered to a greater extent than on any former occasion. Relying upon the old watermark, they would be likely to be deceived. A family came up in a boat from a point six miles below, leaving at 3 o'clock and reaching the city at 8 o'clock. The water was rising in the afternoon when they left more rapidly than was ever known before. At 10 o'clock last evening the water in the city had fallen two inches.

Howard Association.--At daylight yesterday morning, the Association re-opened the Pavilion, and at ten P. M. there were five hundred women and children, and at least one hundred and fifty men. They were all fed, and the most of the females and children furnished with conveniences for sleeping. They also employed seven boats, which were all day visiting the more remote portions of the city, and rescuing the suffering. The boats were kept out and active during the entire night. . . .

Sacramento Daily Union, Volume 22, Number 3367, 13 January 1862, p. 1


Friday, January 11, 1862.
The members of the Legislature came to the State House in boats, at the usual hour of assembling, and were landed on the stone steps in front of the State house building. At eleven o'clock the Senate was called to order.. Nearly all the members answered to their names . . .


Mr. PORTER offered the following:

Resolved, by the Senate the Assembly concurring, That this Legislature, when it adjourns, do adjourn until Monday the 20th inst., to meet in the city of San Francisco, there to remain during the remainder of the present session, at such place as may be provided, and that a Committee of three be appointed on the part of the Senate to act with a like Committee on the part of the Assembly, whose duty it shall be to procure properly fitted up apartments for the use of the Legislature, and shall remove thereto all the property and appurtenances belonging to this Legislature.

Mr. HEACOCK--I move that all after "Monday, the 20th inst," be stricken out.

Mr. GASKELL--If it is in order I desire to offer a substitute.

The PRESIDENT.--My impression with reference to this question of substitutes, is that the amendment must be dlsposed of in the first place. The amendment and substitute would be separate and distinct proposition before the Senate at the same time, while they are of the same grade.

Mr. DE LONG--The amendment proposes merely to adjourn to the 20th inst. The question is not generally understood; I call for another reading of the resolution.

The CLERK read.

Mr. DE LONG--I am opposed to the adjournment to the 20th. I am opposed to the amendment any how. I do not see why we can not as well meet next Wednesday.

Mr. VAN DYKE--lt seems to me this is a question of great magnitude, and should receive from the Senators some expression of opinion. For one, I came to Sacramento city with the intention of remaining here during the session, and if we could possibly do so, I still entertain that determination. But I wish to have the sense of the Senate in reference to our ability to meet here on the 20th, or within a month, and then go on to transact our business. Now, it is perfectly obvious to every Senator and every intelligent person, it seems to me, that we cannot transact business here in the present situation of the city, and it resolves itself to this, whether we shall adjourn to a future period, or adjourn to some other point. If I can be satisfied that we can meet here by the 20th, or even in one month hence, and then go on with the business, I shall certainly be in favor of doing so, in preference to adjourning to any other point. But have we any such guarantee? Is there any gentleman here who can give us an opinion which will justify the conclusion that we can meet at this place in one month and transact business if we are assembled. Unless we have some such assurance, it seems to me a necessity--which overrules everything else--to remove from this place. Why, how is it in case of invasion, pestilence or other causes which occasionally drive Legislatures from the Capital city? It seems to me this case is equal at least to any such lesson fcr the removal of the Legislature. Therefore, unless the gentleman who moves the amendment offers some facts on the strergth of which we shall be assured of being able to meet on the 20th, or within a month, I for one, although I regret the necessity, will be compelled to vote against the amendment.

Mr. HEACOCK--Some time pending the debate upon this resolution I shall take occasion, as fully as I am able, to give my views about the accommodations of .Sacramento within ten days. At this time I have no desire to express an opinion with reference to a measure which I am inclined to believe is already decided on.

Mr. NIXON--As a Senator of this county I feel under obligations to my constituents to say a few words on the question of removal. This calamity which has befallen Sacramento is unprecedented in the history of California. Having lived here for the last ten years I have never seen anything like this. I think it is not probable that we will see such another flood as the present perhaps for many years to come. There has been a combination of circumstnces which have caused the overflow of this city and this valley, which has not occurred since the first settlement of this country by Americans. Now if we can get an adjournment for ten days, and the waters of the American river should recede within its banks, the business streets of Sacramento would be above water again. In this length of tirne the hotels and boarding houses of this city be renovated and put in condition for accommodating the members of this body. If that should be the case, the present reasons for adjournment would not hold good, and would be no more potent than they were on the first meeting of this body. We have passed through three floods; this is the fourth. The last two before this would not have incommoded any member. The principal parts of the city were out of water, the hotels in full blast and not inconvenienced by the flood. Now all that we ask is that this amendment may be adopted and that the Senate may adjourn for ten days, in order to see what the result may be. Then if it should be found that our city is not a suitable place for the meeting of the Legislature, we should offer no reasonable objections. We ask Senators, we appeal to them that they wilI grant us this respite of ten days, and if the elements do not with our enemies combine, I feel satisfied that the business streets will be in good condition the boarding houses and public houses all in suitable condition for the accommodation of every person in Sacramento.

Mr. CRANE--I did not intend to trouble you with any remarks of mine on this question, but to have presented myself silently, voting according to my conviction. The question, as it presents itself to my mind, is one of an eminently practical nature. It is a question of freshet. What we see about it exceeds any language that I can command, in favor of the proposition before us. Now, as has been urged by Mr. Van Dyke, who preceded me, I resolved to put up with inconveniences if it were found practicable at all to hold the Legislature at this point. But coming to it as a practical question, what are the fair probabilities that in ten days from this time the town will be any more inhabitable than it is now. If I am rightly informed, the levee on the American river, which protects the town in that direction, is swept away for some conslderable distance, so that any freshet in the river would be certain to overwhelm the city again. On the 9th of December the great flood of the last ten years went over this city. That was said to have been unpercedented [sic]; the papers then told us, as the gentleman from Sacramento now tells us, that it was one of those great calamities that only occurred once in a generation, and would not be likely to occur again in many years. And yet thirty days have not elapsed when we find the water here standing twenty inches higher than it did then, and I would like to know who here can see far enough in futurity to say that in thirty days from now the water will not stand higher in these streets than it is now? But let us take it for granted that the water is now subsiding, that in three or four days it will be in the same condition as before this flood came; what then? What every person of the most ordinary intelligence knows, that brick walls, which have been for several days saturated in water cannot be dried for five or six days, nor even in a month, for we have found all the boarding houses in this town with no other than damp rooms resulting from the flood in December. Fill your box of matches, and they will have lost all their virtue in a very short time. Now, I say that the town is uninhabitable. The first law of our nature, self-preservation, appeals to us in favor of the misfortunes of this city, and God knows we all feel for them. I would feel myself bound to put my hand into my pocket as deeply as any one to assist in the misfortunes of those who are injured by this flood. I would go further, and as a legislator do any thing that can be done constitutionally to aid this city. But I do not think we are called upon, I do not think gentlemen from Sacramento ought to ask us, under the present circumstances, to continue our sessions in this place. Temporary removal does not include the removal of the capital. That is another thing, to be talked about at another time and at the proper place. Now, Mr. President, I have already detained this body too long, and I would explain here, on the part of myself and of the gentlemen of the surrounding districts from whence I come, that any other object or view than a single eye to the public good would fail to induce me to take this position. The fact about it is, the Legislature cannot here discharge its appropriate duties. Members of this body are in danger of their health and life in endeavoring to remain in this place. I hope the amendment offered will not be adopted.

Mr. PORTER--I feel bound to notice the remarks of the Senator who last spoke relative to the enemies of this community. I desire to disclaim any animosity, and here take occasion to state that my constituents, as well as myself, feel for the misfortunes of Sacramento. But I consider it unfair and unjust to ask as to remain here when every one of the residents who are able to do so have actually gone away. Furthermore, when this flood does subside, what will be the condition of the city with all is stagnant water and the air filled with malaria and pestilence. I consider it unfair to ask us to stay. I hope the substitute will not be sustained.

Mr. GASKELL--I shall vote against the amendment as reluctantly as any gentleman in the Senate, but I feel, perhaps, also as much personal magnanimity towards the people of Sacramento as any man connected with this body. I am not only opposed to the amendment, but to the original solution. But if it is resolved that the Senate shall proceed with its business, I think it a matter of pure necessity that we must leave the city of Sacramento. I have come to this conclusion, reluctantly on my own part, because I know my sympathies have been with the city, as are the sympathies of the people I represent. But I feel that justice to myself, to my fellow-legislators and to the State, compels me to vote for leaving the city. I am in favor, however, of the resolution which I offered myself, and which may be brought up in the proper time.

Mr. PARKS--I shall oppose this resolution and vote for the amendment. Whilst we find ourselves here under embarrassing circumstances, It is best not to be too hasty, for fear, we place ourselves under more embarrassing circumstances, and that which will cost the State a great many dollars. In my opinion the resolution intends to carry out that which cannot be carried out. It is in conflict with the law of the State, and a law cannot be repealed by a simple concurrent resolution. This resolution, if I understand it rightly, proposes not only to adjourn the Legislature to meet at San Francisco, but to transfer the public offices and officers; and all the archives belonging to them to San Francisco.

Mr. WARMCASTLE--That is a mistake.

Mr. PARKS--I call for the reading of the last part of the resolution.

The CLERK read: "To meet in the city of San Francisco, there to remain during the remainder of the present session at such place as may be provided, and that a Committee of three be appointed, to act with a like Committee of the House, whose duty it shall be to procure and properly fit out apartments for the use of this Legislature, and to remove thereto all the property belonging to this Legislature.

Mr. PARKS--I stand corrected. Now while we are surrounded here, temporarily, with many embarrasments [sic], I say temporarily because I believe in ten days the flood wlll have completely subsided, the question arises whether it would not be more convenient to adjourn for ten days than to San Francisco. Every one knows that we could not go there and begin business in less than ten days, and then the Governor, the officers, the State Library, etc., must be in Sacramento on which point the law is specific. Now, before we hastily plunge ourselves into a worse position, we should consider what we are going to do, and before this resolution, if it is to pass, shall be passed, there should be some investigation made. Prudence would dictate that we should at least adjourn five days to ascertain upon what terms we can go to San Francisco, and not throw ourselves upon the mercy of San Francisco. Which the greater inconvenience to the Legislature: to adjourn for ten days until the floods shall subside, or legislate in San Francisco for ninety days without having the necessary officers, books of reference, etc? For one, I am in favor of adjournlng from five to ten days, to see the result of this flood. It may be inconvenient to us personally to undergo what we are obliged to do, but we should sympathize with those who are suffering irreparable loss. It must be recollected that the Capitol has been located in Sacramento, that the citizens have taxed themselves $30,000 to $40,000 to purchase a location, that large investments throughout the State have been called here by the Legislature. I say it is acting in bad faith to cripple our citizens as this Act would cripple them, to save ourselves the little inconvenience of leaving the city for a few days. For one I shall never consent to it until I see the absolute necessity of it. There is more involved in this question, Mr. President, in my opinion, than Senators appear to comprehend at first glance. Those who know the peculiar situation of Sacramento, will readily understand that the evil results will not fall upon Sacramento alone. Every one who has watched the government of Sacramento, its financial condition, knows that it is very much embarrassed--knows that the Sacramento government is about on the verge of repudiation, and in my opinion the hasty action proposed here to-day would drive it into repudiation. Now let us see who will be the loser. Is the indebtedness of Sacramento held alone in Sacramento, or in San Francisco, Marysville, Stockton and other places throughout the State? I say this question involves a deep interest, not only to the citizens of Sacramento, but to the citizens of the State at large. It is not the policy of the State to cripple any portion of its citizens. When they have met with misfortunes, on the contrary, the State should endeavor to lift them up, and try to assist them. I, for one, shall never permit the llttle convenience I may gain to overbalance justice to the State and its citizens at large.

Mr. DE LONG--ln answer to the legal objections made by the Senator from Sutter, I simply wish to read Section 15, Article 4 of our Constitution--"Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be situated." The inference is that they may, with the consent of each other, adjourn to any other place. That I consider conclusive upen the law point of the question.

Mr. PARKS--l did not say that the Legislature could not remove itself. My point was that they could not move the State officers; that the Capital would be still here, amd it would be a great inconvenience.

Mr. DE LONG--Then the Senator upon that ground has made no point at all. A bill going before the Governor for his sanction has ten days to receive that sanction--plenty of time to have it returned with approval or disapproval. There is no other business that I know of. We have a week ahead in which to draw our Controller's warrant and pay. We have no desire for access to the departments otherwise, As far as the State Library is concerned, It is a place of resort [?] which is fully equalled by private and public libraries at San Francisco which will be open to the Legislature. But another word. When I was addressed on the subject recently by a citizen of Sacramento, and I expressed my opinion that it was a duty to remove to another place. I was told, of course, "you favor our rival city." Now I disclaim that. It is more convenient to us to have the Capital here than in San Francisco, and I wish it distinctly understood that in voting for this temporary removal, I neither by word or act commit myself to the policy of permanency keeping it there. We work no great inconvenience to the city of Sacramento. Let them show us that they can protect us from the flood, and no majority of either body will be found willing to remove from their city. I do say it is wrong, as representatives of the State at large to remain here, drawing our pay, and doing no work. We cannot have access to our hotels; when we are there we must confine ourselves to the second floor; our dining rooms are small bedrooms, and we have nothing but bilge water and other nauseous nuisances to surround us. It is not a place to remain in. These Senators from Sacramento county, If they privately expressed their honest opinion, would admit that judgment and appropriate discretion would require a temporary removal. What they fear is what I would fear in their position, namely, that a temporary removal may lead to a permanent location elsewhere. But I say no Senator consents to a permanent removal by voting for a temporary removal. While I vote for it, I disclaim any desire to injure this city in the least; I sympathize as much with its citizens as any man upon this floor. If I was its representative, I would not insist upon the Legislature remaining here, under these circumstances, at the risk of being swept away with their lives, and under a certainty that the river must inundate us again, because during this flood it would be impossible to fortify ourselves against the river. The Senator from Sutter says, by this hasty removal we are throwing ourselves at the mercy of San Francisco, since we have made no arrangements for a place to meet there. Senators upon this floor will inform him that numerous places, such as Hayes' Park or Platt's Musical Hall, larger and more commodious even than this, are offered free of charge. I am told Platt's Musical Hall is open and free until further arrangements can be made. So we are not throwing ourselves at the mercy of those who will exact exorbitant prices from us. Supose we remain ten days. No one can tell what will occur in that time. It may be the streets will be passable. What did they tell us when we came here? They told us that the R street levee acted as a reservoir, and that was the cause; but now a sluice had been made and there would be no further danger. What have we seen to day? The R street levee is almost entirely gone, and the waters are twenty inches higher than ever before. A "combination of circumstance" the gentleman says. That is true, and the same power that has caused this flood may cause one even worse. Let them show, if possible, a plan by which they can protect us, and I will here pledge my oath against any permanent removal of the Capital from this city.

Mr. HARVEY--I desire to state before this vote is taken, that I came here as a member of this body, and with a fixed determinatlon against a removal of the Capital on any pretense whatever. I believe such were the views of a large majority of both branches of the Legislature.

A MEMBER--It was mine.

Mr. HARVEY--There have been extraordinary occurrences here, and another flood is upon the city; hence, the opinions of Senators are changed to a great extent. Now, sir, I have come to look upon this question of temporary removal as permanent removal. It amounts to permanent removal.

A MEMBER--How do you make that out?

Mr. HARVEY--Well, sir, it is not the question directly under discussion at this time, but such will be the result. At any rate I will take the responsibility of making that prediction. Now, let us look this thing rightly in the face. A temporary removal to San Francisco will cost this State not lees than $75,000.

A MEMBER--How do you make that out?

Mr. HARVEY--Let the gentleman go back to the history of removals of the California Capital, and he will find enough facts to justify that opinion. The State of California has expended considerable in Sacramento for publlc works. When we take this thing financially, and consider all sides of the question, I believe that the interests of the people of the State as well as the people of Sacramento demand that the members of this Legislature should endure an inconvenience for ten days or a month. I would like to see this resolution amended so as to adjourn for one month, and then see what can be done in Sacramento. It is my opinion that one month will show that the Legislature and public works can be protected. I vote against the temporary adjournment.

Mr. DOLL--I shall oppose the resolution and support the amendment, for the reason that we can fairly expect the city will again be habitable and suitable for purposes of legislation by the 20th instant, and that it would be much more expensive to move, as proposed than to adjourn temporarily. The project for removal I regard as an entering wedge, having for its ultimate object the permanent removal of the Capital from this city. My constituents are in favor of its remaining in Sacramento. To their preference I am willing to sacrifice personal convenience, and I am unwilling to add an avoidable injury to the present calamities of the inhabitants of Sacramento without necessary cause.

Mr. BAKER--The gentleman from El Dorado alluded to expenses. Now, it is proposed by the Senator from Sacramento to wait here for ten days. A rough estimate for ten days would, in round numbers, make an expense of $15,000, at $1,500 a day. This is without conferring a particle of benefit to the State. Perhaps the argument would not be so evident if there was some guarantee that after ten days we could certainly go on. But it strikes me that if, upon the expiration of ten days, we should find the condition of Sacramento similar to what it is now, uninhabitable, that arrangements would probably be made to remove permanently from this city the Capital of the State of California. As a friend of Sacramento, if I were residing here, I should favor the removal of the Legislature simply. I tell you, sir, if we adjourn for ten days, and the city is not improved, there is nothing that can prevent a permanent removal. I wish gentlemen who are friends of Sacramento, to consider this matter. For one I am opposed to a permanent removal of the Capital . if it is possible to make this a permanent seat of government. We have had too much experience in transferring Capitals to indulge much further in such measures at the expense of the people. Yet, would the citizens of Sacramento ask us to remain here if the city were invaded? And can an invasion cause greater inconvenience or cause more damage than this flood? Certainly not. It is a question whether we shall adjourn now, or after ten days, when it becomes certain that no improvement is made. The State officers want to remove; that is well known. Why the residents of Sacramento--the business men--are removing with their families. Can they expect the Legislature will remain under such circumstances? It is not reasonable.

Mr. PARKS--It seems to me the Senator from Humboldt is rather exacting, when he asks to have it mathematically demonstrated that there shall be no more water here after ten days. Now, sir, this is unprecedented, and with the former experience of floods here, we may expect within all reason that this water will recede in five days. It has never been known to stay up longer than that time. My position is this: that ten days expense without legislation is no more time than would be required to go to San Francisco. It would take longer than ten days to go to San Francisco. Every one knows that it will cost $50.000 extra to go to San Francisco and hold this Leglsliture.

Mr. BURNELL--I did not expect to say anything upon this subject. The Capital of the State of California has been traveling almost since California has been a State, and if there is any one thing more unpopular than everything else, it is this emigration or transmigration of the Capital from one place to another, through speculating schemes. I do not think there is any particular speculation about this movement at all. But when I came here, the first thing that saluted my ears was that the Capital was to be removed to San Francisco. I found the business portion of the city even in better condition than it had been on previous sessions. Every one knows that this is an unprecedented Winter, what the oldest inhabitants have not experienced, and that Sacramento is not the only city that is suffering immensely on account of the flood. Why, Mr. President, the water is all over this State. I will subject myself to some little inconvenience as well as others. I do not think the Legislature should be so particularly reserved from the experience of every other portion of the State of California. I am disposed to make this a matter of dollars and cents, a matter of convenience to the people of Sacramento and the State. It has been said by my friend from Sutter that the citizens of Sacramento feel an interest in this removal and that the city could be bankrupted by such removal. Now I do not think that, but I am satisfied of one thing--it would subject the citizens of Sacramento to immense loss, from fear, and the reputation the city would gain of being an untenantable place for the Legislature of California. Now about the floods. I have been in California for ten years, and up and down this country, and I have no doubt myself that these streets will be comparatively dry in the space of ten days, and we can meet here and transact the business of the session as well as when we flrst came. We are told that similar circumstances may occur again. That is possible, but most usually heavy rains occur in the month of December, and the fore part of January. There is no probability that we shall experience any such flood again. As for the protection of the city, I have no doubt it will be protected from any ordinary flood from this to next season. The libraries, archives and State offices are here. In the course of ten days, I have not the remotest doubt, we can transact our business with just as much ease as when we first came. We can remain with as much ease as remove to San Francisco.

The question on adopting the amendment was taken.

Mr. DENVER, in explaining his vote, said he was opposed to the removal, but had paired off with Mr. Rhodes, who was in favor of it. The amendment was lost--ayes, 18 ; noes, 19.

Mr. HEACOCK moved that the whole matter be laid on the table, which was lost by the following vote: Ayes--Banks, Burnell. Dill, Gallagher, Harvey. Heacock, Lewis, Nixon, Parks, Powers, Quint, Shurtliff, Williamson--18.

Noes--Baker, Bagart, Chamberlain, Crane, De Long, Gaskell, Harriman, Hathaway, Hill, Holden, Irwin, Kimball, Kutz, Oulton, Pacheco, Perkins, Porter, Soule, Van Dyke, Warmcastle--20 . . .

Mr. DE LONG--l now move to reconsider the vote by which the resolution has just been passed. I make the motion hoping that it will be defeated. I shall vote against my own motion.

Mr. HEACOCK--I desire to inquire whether this vote must not be carried by a two-thirds vote.

Several MEMBERS--Oh, no! .

Mr. PERKINS--I would state, Mr. President, that I understand the Supreme Court has decided, in The People against Bigler, that the Legislature may remove to any place at any time by a majority vote.

The Senate refused to reconsider.

The PRESIDENT directed that the resolution be transmitted to the Assembly. . . .


The following was received and read by the Clerk:

The undersigned, majority of the Special Committee to whom was referred Senate bill No. 2, having had the same under consideration, report the same back and recommend its passage. [Signed by Senators Kutz, Soule and Harriman.]

Mr. PARKS--I do not like to take exception to the report of the Committee, but I have the bill in my pocket, and no member of the Committee has come to me to look at it. Owing to the flood last night, I could not get the Committee together. . . .

Mr. PARKS--I do not wish to rest under the implication here that I have tried to shun this Committee, or to pocket this bill. It was my intention at the earliest convenience to call the Committee together. I spoke to the Senator from Nevada to go with me to the Swamp Land Commissioners' office. The floods rose and I was unable to see the Commissioners. If the other members of the Committee have not the courtesy to withdraw their report, I hope the Senate will recommit it. . . .

Mr. NIXON--The question involves to a considerable degree the interests of my constituents, as I conceive. This Swamp Land Commission jointly with the city of Sacramento have now under consideration a project for the reclamation of Swamp Land District No. 2, which embraces this city and land south of this. Jointly with the city, they have also under consideration the construction of a levee on the northern portion of this city to prevent the overflow of the American river, the necessity of which all will understand at this time. I understand upon the passage of this bill all their proceedings will be stopped. I should be very sorry to see that passed.

Mr. PORTER--I had intended to vote against this, but for the benefit of these people I shall vote in favor of recommitting the report.

The Senate ordered it re-committed--ayes 17, noes 10. . . .


Mr. LEWIS offered the following:

Resolved, That the Sergeant-at-Arms of the Senate be instructed to immediately communicate with the proper officers of the California Steam Navigation Company and inform them of the action of this body relative to a temporary adjournment to San Francisco, and request them to delay the departure of their steamboat until the resolution shall be finally disposed of.

The PRESIDENT--Is there any objection to the adoption of the resolution?

Mr. WARMCASTLE--The only objection is that it may not pass the other House.

Mr. LEWIS--If the resolution pass the other House, I want to get off this evening. I would as soon leave the city for ten days for that matter.

Mr. WARMCASTLE moved it lay on the table, which was lost. The resolution was then adopted. [The Sergeant-at-Arms subsequently returned, and reported that the steamboat could not be detained.]

On motion [one P. M. ] a recess was taken until half past one o'clock. . . .


Mr. DE LONG moved the following:

Resolved, That the Sergeant-at-Arms of the Senate be and is hereby empowered and instructed to procure one or more boats, and have the same in readiness for the transportation of the members of the Senate during the prevalence of this flood.

Mr. HEACOCK--I move that the Sergeant-at-Arms agree with the boatmen upon prices to be paid. Some of the boatmen, I am told, charge very exorbitant prices. By taking this course the State may procure boat hire at reasonable prices.

Mr. DE LONG--I am surprised to hear the gentleman from Sacramento say that anybody charges exorbitant prices here. [Laughter.]

Mr. CRANE--I move that the resolution be amended by inserting "during the present session of the Legislature. The waters may come up again by and by; and there may be some doubt as to what the exact meaning of the words "present flood" is.

Mr. BURNELL--I think this body ought to be taken care of. It is a little questionable whether they can rationally take care of themselves. I believe the citizens here have to hire their own boats, and I am in favor of Senators hiring their own boats. The whole country is under water, and everybody is suffering. I see no good reason why we should waste time to make the State carry us about the city. I am in favor of adjourning until the water goes down for a week. Let this Legislature be attended with some degree of dignity, and with reference to the interests of the State. I am opposed to all resolutions of this kind.

Mr. DE LONG--Some things I like, and some I don't. One thing I don't like--to pay out more than I get when I am performing duty for anybody. Now plain talk is plain talk you can't get out of this Capitol building, to go to the rear, or any office under it; you can't light a fire, without wading three or four feet in water to do it. . And within the last hour the river has rased four inches, and is still coming up. Let her come! I think I am doing my duty and my whole duty, when I eat one meal a day--cold at that--in a garret, and shin down an awning post into a boat, to get to the Capitol. [Laughter.] My finances will not allow me to go any farther than I have done, and I can't get credit in this town. [Laughter.]

A MEMBER--Too well known. [Laughter.]

Mr. DE LONG--I am too well known for that, and I want the Sergeant-at-Arms to get relief for myself and for the balance of the Senate. And I hope the Senator from Amador will show his exceeding generosity, his care for the treasury, by becoming the watch-dog of that institution, and by paying his own boat hire. I can't get away from this Capitol without a boat, and have but little money to pay for it--the balance I want to save.

Mr. BURNELL--I fully appreciate the gentleman's remarks. I have no objection to the State furnishing him a boat, or half a dozen if necessary; but I do object to the State's furnishing him a boat to travel around the city. I do not calculate to travel around very muoh. I think when this Senate adjourns, It will adjourn for two or three days; my friend from Yuba may want to go to San Francisco, where be can get a warm lunch. We shall find the conntry overflowed generally. Now, Mr. President, I move this House adjourns to Wednesday at 11 o'clock.

Mr. DE LONG--I object to the time. It has been determined by this Legislature, and his (Mr. Burnell's) vote among the number that we shall continue to transact business here. These facts are staring us in the face, the levees are down, the American river is flowing in without hindrance, the Sacramento is just beginning to pour down, and days must elapse before you can get to the Capitol without a boat; the streets will be all mud, the members absent, the Senate wanting a quorum, and legislation will be done by piecemeal. There are four feet of water in the treasury, and the other offices in the basement of the State House are in the same fix. Now I say, let us stay here. Keep on--I want to see yon all subjected to these inconveniences. I am compelled to drink the sewerage of the barnyard, and I want you to be obliged to submit to all these things. But this thing of adjourning from day to day and dallying with a big flood, which is coming worse and worse each day, I can see no object in, for the public interest, and certainly not for private comfort.

Mr. HARVEY--This matter as I see it is no joke. Notwithstanding the suggestions of the Senator from Amador, I am in favor of the resolution that the Sergeant-at-Arms be requested to make arrangements to bring members to this building. If we depend npon miscellaneous craft, I think the entire pay of the Legislature would be exacted to bring them to and from the Capitol.

Mr. PERKINS--There is no second for the motion to adjourn. I understand the resolution before the Senate is to authorise somebody to. hire a boat, to tote the Senate about this city. Now, Mr. President, you will observe that no San Francisco member has said one word in favor of adjourning to go to San Francisco. Some one said the San Francisco members were working for it. I say here, as a Senator from San Francisco, that she asks no boon of that kind. We have landed in our city every week double the number of persons that would be carried thither by the adjournment of the Legislature which has been proposed. We ask nothing of the sort, but we do say that, being sent here to do the business of the State and our constituents, we have a right to complain. If we wish to do that business, we cannot go about to consult each other, communicate with the Governor and Lieutenant Governor, or have any understanding about the business to be done. I say the interests of the people of this State will not be promoted by our being here. I am not going to talk about the few dollars more or less in the treasury or out of it. I can't live on bread and cheese.

A MEMBER--And cheese-bread.

Mr. PERKINS--l have for the last day had nothing for breakfast, dinner and supper but that same article. I do not believe in hiring boats for the use of the Legislature. Why the proposition is enough to damn any man who wants to keep us here. I have as much sympathy for the people suffering here as the next man that lives. I would be willing to do anything that might have been done--any suggestion, any manner or means, but I do not consider it my duty to make believe that everything is comfortable here, that we can go on and legislate here with the water over my head in almost every place throughout thls city. Absolutely I cannot get out to perform the business that nature demands with any decency at all. Suppose a man to be called on in the Senate here, where is he to go? Why he his to go and call for a boat [Laughter.] Nature demands relief, and he wants a boat! [Laughter.] What a position for the Senate of California to be in! [Laughter.] Now the Senator wants to adjourn until Wednesday--what am I going to do until Wednesday with water six feet deep all around my boarding house?

A MEMBER--[To Mr. P.] Do you want a boat?

Mr. PERKINS--No; I do not want a boat now. There are five hundred boatmen in Sacramento. I would hire them all. l am opposed to monopolies, and this would be democratic. It is paid by ths State. Gentlemen have been telling us how much it would cost to move. Some have figured it up as high as $400,000. Now I want them to figure up what this boat business is golng to cost--five hundred boats at $100 a day? It will cost more than a removal. I am not going away from this Capitol. If we are compelled to stay here I am going to remain in this Capitol and send for my bread and cheese.

Mr. CHAMBERLAIN--I move to lay the resolution on the table for the purpose of referring it to the Committee on Commerce when such shall be appointed.

Mr. DE LONG--If the Senate does not employ a boat passing to and from this Capitol five, six or seven times a day as we are compelled to do, I shall resign myself to quietude, and compel the Sergeant-at-Arms to come after me.

The resolutlon to hire boats was adopted . . . .

The Senate adjourned (3:20 P. M..) to Monday at eleven o'clock.


SATURDAY, Jan. 11, 1862

The House met at eleven o'clock. The roll was called, and all the members responded except . . . .

Mr. BELL--. . . I know that the beautiful little city of Oakland, now high and dry abeve all the floods, was once on the mail route to Stockton, and the stage route extends from there to Sacramento, but I would not travel that road now upon any consideration. . . .


A message was received from the Senate announcing the adoption by that body of Senate Concurrent Resolution No. 9, relative to the removal of the Legislature to San Francisco, and the appointment of a Committee on the part of the Senate to make the necessary arrangements, etc.

Mr. EAGAN--I move that we now take up Senate Concurrent Resolution No. 9.

Mr. AVERY--I would like first to introduce a resolution. It relates to a report made this morning.

The SPEAKER--The resolution is not in order unless by leave of the House.

Objection was made.

Mr. BARTON--I move that we take up yesterday's message from the Senate.

The SPEAKER--There is a former motion which will take precedence, which is to take up Senate resolution No. 9.

Mr. BENTON--I rise to a point of order. It is that Senate resolution No. 9, on the Journal, which cannot be passed without a two-thirds vote, is not in order while other messages from the Senate are to be considered.

The SPEAKER--I shall hold that message already before the House in order. The Clerk will read the Senate messages. . . .


The Clerk read Senate Resolution No. 9, to relation to the removal of the Legislature to San Francisco.

Mr. CUNNARD--I move that the House concur.

Mr. BENTON--I rise to a point of order. The rule of the House is that Senate messages shall be taken up in their order; and if a motion is made to take up any particular message out of its order, it can only be done by a two-thirds vote of the House.

Mr. SHANNON--I will inquire of the Speaker whether this was not the order of the House at the time this message was taken up.

The SPEAKER--I understand it so to be; this is the next message from the Senate in order.

Mr. BENTON--Is there not on the Clerk's table, or the table of the House, a message from the Senate which was under consideration yesterday, in relation to another measure I think that is first in order.

Mr SHANNON--l will endeavor to get the gentleman out of the fog. I see he is very much troubled about a certain resolution in regard to porters, etc. If I understand that matter it was yesterday temporarily laid on the table, and therefore it cannot be taken up now without a two-thlrds vote until the order of unfinished . . .


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The leading matter of interest in the events of the day is the flood which has visited Sacramento and other portions of the State, full accounts of which will be noticed in our columns. The damage to property throughout the State is larger probably by the present calamity than by the flood of December 9th. In Sacramento, while there has been less destruction to private dwellings and their appurtenances, there has been more loss to stocks of goods in stores. It is very difficult at this time to form any correct opinion as to the extent of their loss. We expect to hear that throughout the State there has been great injury to property as well as loss of life.

The tidings of the calamity in San Francisco, by which several lives were lost, including those of former residents of Sacramento, and which is chronicled at length in our pages, will call forth the sympathies of all.

The telegraphic wires were altogether disarranged by the late storm and flood, and we were not able, last evening, to gain any intelligence from localities in our own State or from the East.

The water level in our streets has decreased from its highest stage about two and a half to three feet, and if the present cool weather continues to prevail for a short time, our streets will soon be passable for pedestrians. The American river has fallen since our last issue largely and the Sacramento is now standing at twenty-three feet six inches above low water mark. It rose at one time to twenty-four feet.

The citizens of Sacramento have provided boats for the conveyance of Members of the Legislature to and from the Capitol so long as there shall be occasion for their use.

About 1,000 feet of the wall of the Agricultural Park grounds fell during the flood--as also a portion of the wall of Carpenter's Hall on Front street, which was heavily stored with goods.

Nowithstanding the calamity of the flood in Sacramento it is worthy of mention that the UNION has omitted no number of its daily or weekly publication.


The Senate, on Saturday--by a vote of twenty to thirteen--adopted a concurrent resolution for the adjournment of the Legislature to San Francisco for the remainder of the session. Three of the four San Francisco Senators voted for this proposition, although the leading journals of that city oppose the project, and probably represent more faithfally the wishes of the people in the matter than do the delicate gentlemen who long for the comforts of home. Senator Banks voted against a removal. . . .

In the Assembly the Senate resolution to adjourn to San Francisco was discussed at great length, and defeated by forty to thirty-six. Two only of the San Francisco members--Van Zandt and Amerige--voted againat the proposition. Bell of Alameda made a very able speech against the resolution, on which he took the ground that the Legislature had no right to disobey a law upon the strength of a mere resolution. This is the true ground.

The Legislature undoubtedly has the control of the question as to where the seat of government shall be located. This power was exercised in the passage of the law locating the seat of goverment at Sacramento. The idea that the Legislature may annul a law by a resolution is too absurd to be entertained by sensible men. If the valleys of the State are no longer inhabitable, let the Legislature pass a law changing the seat of government to some point on the coast above high water mark, or to the summit of Mount Shasta; but until the law is changed, let it be obeyed by our law-makers. There may be some who, knowing the illegality of an adjournment to another place, content themselves by saying that there is no remedy--that the Legislature cannot be compelled to do its duty and hold the regular session at the seat of government. We think a remedy will be found in the fact that members will not be entitled to pay if they meet elsewhere than at the place declared by law to be the Capital of the State. If this view be correct, a Court of competent jurisdiction might stand between the members and their per diem, and such an interruption of the finances would doubtless cure many Senators and members of the roving disposition now manifested by them. Advocates of an adjournment would do well, too, to consider whether all laws passed at any place other than the lawful seat of government would not be utterly void.


The continuous rains and the melting of the snow in the mountains have brought disaster and destruction upon those valleys and cities of California which have been the chief pride of the State. We cannot forget our own suffering--the losses to which we have been subjected; but the accounts we receive from all directions convince us that our misfortune has not been peculiar, and that throughout the State the damages in consequence of the flood have been of a character to excite the sympathies of the generous and charitable everywhere. In San Francisco and in all the interior cities, the injury worked by the waters is chronicled in the journals published in those localities, and their reports leave us no room to doubt that the inundation has carried destruction to a greater or less extent throughout the State.

In such an emergency as this we have a right to ask for large and liberal feeling among Californians. There should be a sympathy among the suffering which would lead to mutual advantage. It is no time for petty jealousies, or for the adjustment of disputes as to whether this or the other town is best located for the Capital of the State. It is a period when every Californian who has the interests of the State at heart should assist his fellow citizens in determining what should be done, and not act as if he had been employed by a particular interest to run down a certain city. It is not an isolated fact that Sacramento has been flooded. Every town in the richest valley in California, and in the other valleys of the State, has suffered in the same way. Are Californians prepared, to say that the most splendid districts of the State can no longer be inhabited by white men. We think not. All that the citizens of Sacramento ask, at the present crisis, is that the question of the removal of the Capital shall receive a fair consideration, and that they shall not be victimized while the most important portions of the State are under water.

The emergency is of a character to call forth the energies of every man who means to support our State. She has obtained a reputation for wealth and stability which is likely to be shaken if she does not provide for those who are affected by domestic disasters. Those members of the Legislature who have been working for the removal of the Capital are hardly deserving of ordinary sympathy, because they are laboring for a bad purpose at a time of public misfortune. If they consider well the calamity that has visited the whole of California, their views will be speedily changed, or if not changed, they are not exactly of the mold that is required for liberal and wise legislation in this State. If their wishes should be gratified in the present case, and they succeed in removing the State Capital by resolution to another place, they will soon find that their own per diem is not only in danger, but every Act they pass will be void and of no effect.

PROPOSED REMOVAL OF THE STATE CAPITAL.--The San Francisco Bulletin strongly rebukes the feeling that is entertained in some quarters in favor of the removal of the State Capital, either permanently or temporarily, and disclaims all sympathy with the efforts that are making to carry it to San Francisco. It says:

If the Legislature come here because the distressed condition of Sacramento makes that an unsuitable place of even temporary residence we wish, for the honor of our city, that it shall be recorded in history, that neither her people. her legal representatives, nor her press, had any part or parcel in influencing such change. We believe San Francisco is too proud, if no other motive be considered, to allow even the suspicion to go abroad that she would seek to derive profit through the misfortunes of a sister city. The fact cannot be disguised that the presence and incidental patronage of the Legislature would benefit San Francisco in many ways. Certain new occupations would be created, and the hotels and boarding houses would enjoy increased custom, while the wholesome legislation needed by this city could be more easily obtained were the members of the Legislature residing among us, so that they could understand the merits of our local bills from personal observation, than can be expected under circumstances as they exist. This fact--that our city may derive considerable profit by having the Legislature in our midst--the very reason why our people should hesitate long before accepting any such advantages at the expense of distressed Sacramento, if it is in their power to prevent it. The Legislature may contribute something to our stores which we do not need in our time of general prosperity; but this small gain to us will be the moat severe blow to Sacramento that she has yet received. Her discouraged people will almost feel like giving up all as lost when they lose the State Capital--always regarded as of vital importance to them. When the steamer left there yesterday hundreds of people were literally weeping in anticipation of the dreadful calamity of the flood coming in and the Legislature going out. [We ignore the latter allegation.--Eds. UNION.] It may be true that they estimate the loss of their position as "the Capital city" much higher than their neighbors will be disposed to estimate it for them. But the gain to us of having the Capital probably no town in the State will rate so low as San Francisco itself. If the Legislature comes here we shall treat it well, of course, and watch over it most tenderly, but we do not crave at any time, and least of all now, while Sacramento has already suffered more bereavement than a less enterprising town would well survive.

Speaking of the flood in Sacramento, in the same connection, the Alta says:

In her distress we feel for the trials of those threatened by this terrible flood, and hope that the water may quickly subside and bring quiet and freedom from apprehension of danger. It may be temporarily inconvenient for the legislators assembled to await the subsiding of the waters, but they, as well as other non-residents, can afford a little discomfort and remain at their posts. . . .

[For the Union.]

MESSRS. EDITORS: Cheer up, brave hearts! 'Tis the force of recurrent storms that beats vigor and power into the leviathan oaks. 'Tis the fierce tornado which publishes the integrity of the iron-bound roots of the giant pines of Calaveras; and, as rebellion proclaims the value of loyalty, so does adversity, come when it will and where it may, develop temper and make resistless the nerve and muscular energy of human power. What are the merciless floods that are now inundating and terrifying the people throughout the valley, cities and towns of Washington Territory, of the States of Oregon, California and the mining precincts of Carson? Though very severe, they are yet wholesome lessons to the new coming and uninformed settlers whom God has appointed to reclaim these waste places, by protecting them from inundation and revealing them to the world as Sicilian field of agriculture, as gardens of fruits and flowers more valuable than the famed apples of Hesperides or the canonized Flora of Mythology. To our people, naturally reckless and strong in that self-reliance which is fertile of expedients in emergency, a smaller chastisement would have been useless. To us as Sacramentans it comes as a finishing discipline to the many adversities to which we are indebted for the charitable record we have made in the past, and to the enduring, elastic and inextinguishable energy, enterprise and buoyancy with which we have written our history up to the present moment. Cheer up! Ere six months have told the stirring incidents of the first half-year of Sixty-two, Sacramento will be in better condition than she would have been in ten years without the admonition which a kind as well as sagacious Providence is inflicting upon us. Oar levees will be made broad causeways for business and pleasure, invulnerable to the aggressions of water. Our streets will be commenced in a process of elevation which shall make them when paved the most capacious and convenient thoroughfares in the world, and with drainage, good health and the business which our centrality affords us, we will be rich in the energy and contentment which are the best elements of wealth. PIONEER.


Seven Persons Burned to Death,

We condense from the Bulletin and Journal of the 11th instant, an account of one of the most heart-rending calamities that has ever visited San Francisco:

About twenty minutes before three o'clock, on the morning of the 11th instant, a fire broke out in one of the many small tenements adjoining the Pacific Flour Mills on the east, and in the rear of a boarding house known as the " Sarsfield Hall," which is situated on the northwest corner of Pacific and Montgomery streets. . . .

The Bulletin gives the following list of the dead and wounded by this terrible calamity: . . .

Mrs. Harrington and two children, who came from Sacramento about a week and a half ago. Her husband is a teamster, formerly engaged on the Capitol works, and is now engaged in carrying between Sacramento and Carson City. This unfortunate family, had a narrow escape during the first heavy flood of this season at Sacramento. They were driven into the upper story of their cottage, and to save her own and children's lives she plaoed two large trunks on her bedstead, and with her boy and girl in her arms stood upon them, crying for assistance until it came; the water in the meantime having reached the bottom of the trunks. The children are said to have been very beautiful. The charred skulls of the mother and her children were found with some of their toys. . . .

THE RAIN GAUGE.--The present rainy season surpasses in severity any yet experienced by Americans in California. According to the gauge kept by Mr. Tennent, at Benicia, we have already had the average rain of the rainy season. During nine days in January, 1862, it is stated that more rain fell at San Francisco than had fallen during any previous month, except December of 1861, and more than fell any month in 1860, 1859, or 1858. According to Mr. Tennent's gauge, the total fall of rain for the season of 1861-62 up to January 9th, is 21.22. . . .

THE RIVER.--On Friday evening the water in the Sacramento stood twenty-three feet above low water mark. On Saturday morning it had risen four inches, by evening it had risen still four inches higher, standing at twenty-three feet 8 inches, and during the night there is questionable proof that it rose to about twenty-four feet,--a foot and a half higher than the high water mark of 1852 and 1858. By eight o'clock yesterday morning it had fallen again to twenty-three feet eight inches, and by last evening it had fallen still two inches lower. At the last named point it is a foot higher than the high water of former years. While at its highest stage it ran over the top of the Front street levee in many plaoes, and was nearly even with the top along the whole line.

SUTTERVILLE.--There was good reason to fear that the torrent of water which passed toward Sutterville from this city on Friday afternoon and evening, would carry away houses from the lower portion of the town, and perhaps destroy the lives of many of the occupants. A boat was sent down by the Howard Benevolent Society to reconnoiter. Dr. Harkness also visited the locality. We are informed by him that he could hear of no lives being lost, and the injury to property was not so great as had been anticipated. The Quartermaster at Camp Union agreed to furnish rations to such as were in need of provisions.

LIVE STOCK.--A large portion of the I street and Front street levees is occupied by live stock, chiefly horses, taken there from the various stables and yards for safety. They are tied, fed and taken care of, of course, by the various parties having them in charge.

THE CARS.--The cars from Folsom came yesterday as far west as Patterson's, nine miles from the city. The road will have to be repaired in several places before they can come to Poverty Ridge.

" LEGISLATIVE."--Such was the designation, yesterday, on a certain class of boats. The members of the Legislature, Clerks, etc., are furnished with tickets, which are good with any legislative boat for all parts of the city.

CAMP UNION.--It was reported in the city yesterday that Camp Union was flooded on Friday night, and that the tents were from necessity removed to a higher point on the Suttervilie ridge

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CARPENTER'S BUILDING.--At about six o'clock yesterday morning a portion of the east wall of Carpenter's building on Front street, between M and N, together with the division foundation wall, and a portion of the floors, roof, etc., fell with a terrific crash to the ground. This building is occupied by Campbell & Sweeney, grain dealers. The first floor contained a large quantity of grain, chiefly barley. The second story had been occupied by the two members of the firm and their families. At the time of the falling of the walls there was nobody sleeping in the building except one of the firm, James Sweeney, and George Holdforth. They occupied rooms on the west aide of the building, and were not injured, as they hastily vacated the premises through the second story windows and down the awning posts. Through the center of the building, running from east so [sic] west, was a division wall in the cellar only twelve inches thick, the foundations of the east end of which gave way from the effects of water and the pressure above. Opposite the end of this wall were large arched doors in each story. These arches all fell, taking out a vertical section of the east wall, some fifteen or twenty feet in width from the foundation to the roof. On viewing the wall from the outside it is difficult to conceive how so narrow a portion could fall while both sides remained firm. A considerable portion of the grain in the building was placed there on storage. Campbell & Sweeney estimate their loss at from three to four thousand dollars. A portion only of the grain which fell is under water. The floors and stores of the front part of the building maintain their original position. C. K. Garrison of San Francisco is the owner of the premises.

DEATHS FROM DROWNING.--During Saturday and yesterday there were many rumors afloat of parties who were temporarily missing having been drowned. In the confusion which is necessarily caused by an event such as the flood by which we have been visited, relatives, friends and acquaintances become separated, and fears are naturally aroused for the welfare and safety of each other. These rumors have generally proved groundless by the appearance of the parties in person. We hear, however, of four deaths from drowning by the late flood, and time, it is to be feared, will reveal others. A Mrs. Carr and a hired man who resided on the Coloma road, fourteen miles from the city, were drowned from a raft with which they were endeavoring to reach land. Mrs. Carr was an elderly lady, and had kept a public house for several years at that point. A Frenchman, whose name we have not been able to learn, is said to have been drowned at Twelfth and O streets on Friday evening. His body has not yet been recovered. A colored man known by the name of Judge Kelly was drowned on Saturday night at Frank Powell's stable. His body was recovered last evening and taken in charge by Coroner Reeves. Kelly was a bootblack, was small of stature, humpbacked, and had several large wens about his face. He will be remembered at once by all who have ever seen him. He had been in the habit of sleeping in Powell's stable, and on the night in question he was heard to fall in the water, and efforts were made to save him, but without avail.

THE RISE AND FALL OF THE FLOOD.--On Friday morning, January 10th, at eight o'clock, the water in the lower portion of the city was not so high by four feet ten inches as the hight attained on the evening of December 9th. The following figures will show the rate at which it rose hourly through the day. They were carefully noted at the corner of Seventh and P streets: From 8 to 9, 3 inches; from 9 to 10, 3 inches; from 10 to 11, 4 inches; from 11 to 12, 5 inches; from 12 to 1, 6-3/4 inches; from 1 to 2, 8 inches; from 2 to 3, 11-3/4 inches; from 3 to 4, 12 inches; from 4 to 5, 9 inches; from 5 to 6, 5-3/4 inches; from 6 to 7, 1-1/4 inches. It will be seen by these figures that it rose most rapidly between three and four o'clock, and that the aggregate rise of the day was sixty-nine inches or five and three-quarter feet. It had risen during the previous night about three feet, making an aggregate in twenty-four hours of nearly nine feet. The hight attained was twenty inches above the high mark of Dec. 9th, and about equal to twenty-four feet on the city gauge. By ten o'clock in the evening it had fallen some two inches, and by eight o'clock the next morning some eight inches. During the night we had a steady and heavy rain, from the effect of which the water rose again during the afternoon and evening to within two feet of the highest mark. During Saturday night and yesterday it continued to recede, and by ten o'clock last evening had fallen nearly three feet from the highest mark.

THE SLOUGH LEVEE.--During Saturday and Saturday night the water from the slough north of I street, commenced to flow over the levee into the city, as the high stage of the Sacramento had filled it to the brim. By yesterday morning several channels had begun to cut through the levee, some of which assumed a threatening appearance. Near the station house, on the east, a considerable stream came over, washing away the earth to some distance. Another stream also crossed directly from the Sacramento in front of the station house. At .the east end of the slough on Sixth street, between E and H streets, a sheet of running water covered nearly the entire space. So long as the water in the city was about as high as that in the slough, but little damage was done; but as it fell the velocity of the running water was increased, and the danger of serious trouble grew greater. No effort was made until noon, yesterday, to repair the levees at these points. By that time several gaps were cut on Sixth street, through which considerable water poured. Some fifty men were employed during the afternoon in the work of repairs. Their efforts were continued through the evening. It was the opinion of members of the Committee of Safety and of others, that they would be successful, but it appeared to be an extremely doubtful case. The water in the slough was about two and a half feet above the water in the city at Sixth street.

AID AND SYMPATHY FROM SAN FRANCISCO.--The steamer Nevada arrived from San Francisco at eleven o'clock last evening. We are informed by ------ Barclay, ------ Foster, and J. Q. A. Warren, that an impromptu meeting was beld at Platt's Hall, San Francisco, on Saturday evening, after the arrival of the boats from this city, to furnish aid to the sufferers of our city. As the wires were out of order, no information of the flood had been received. Committees were appointed to make arrangements to send up at once a supply of provisions. Families and restaurants were advised to prepare cooked food, and a large amount was prepared and brought up on the Nevada, which left at twelve o'clock M. yesterday. Another meeting had been held yesterday morning, at which still more extensive preparations were made, and the steamer Cordelia was expected to leave at four o'clock yesterday afternoon with a much larger supply of food. Arrangements had been made to open Platt's Hall for the accommodation of all sufferers who may go down. The lateness of the hour at which this intelligence was received, prevents us from giving a more extended account of the action of the meetings referred to.

NAVIGATION OF THE AMERICAN.--The steamer Defiance, Captain Gibson, left the levee on Saturday afternoon at two o'clock, for an excursion up the American river. In consequence of the recent injuries received by her collision with the Sacramento and Yolo bridge she was not in very good running order. She passed Lisle's bridge--carried away by the recent flood--and reached a point a little below Norris' bridge. While in sight of this structure it yielded to the force of the flood, and a portion of it was carried off. The defiance took from various houses on the river near Rabel's tannery and Burns' slough some five women and fifteen children and brought them to the city. The Defiance made another excursion up the American yesterday. It is presumed that one object of these excursions is to look out an eligible spot for an embarcadero--a second Hoboken--to which goods may be taken by steamer from the city and forwarded by cars, teams, etc., to the mountains. She had not not [sic] returned at dusk last evening

GREAT DAMAGE AT FOLSOM.--The American river rose, on Friday night, sixty feet above low water mark, and destroyed a great amount of property. The old flour mill of Stockton & Coover, built some seven or eight years ago, and the new mill built during the past Summer by Stockton & Coover and Carroll & Mowe of this city, were carried away, and in their course took off the wire suspension bridge of Kinsey & Thompson. The new mill was designed to run nine pair of burrs, and is reputed to have cost in its erection between twenty and thirty thousand dollars. A large quantity of wheat in the mills was also lost. The wire bridge was built in the Summer of 1857, and cost about eighteen thousand dollars. A wooden bridge, some ten feet lower, had been previously destroyed. The railroad bridge, belonging to the California Central Railroad Company, some fifteen feet higher than the wire bridge, and of single span, is still standing.

GOOD WORK.--Captain Poole of the steamer Antelope, had occasion, on the trip from Ssn Francisco on Saturday night, to stop three or four times and take on board men, women and children who were perilously situated at their houses on account of the flood. They were all well cared for when on board.

DAMAGE IN THE COUNTY.--So far as we have received information from various portions of the county, we are convinced that the late flood spread over a mnch greater area of territory, and was far more destructive, than any other which has occurred since the country was settled. The waters from the American did great injury at Brighton, those from the Sacramento a great deal in the townships bordering on that river, and those from the Cosumnes and Mokelumne produced a corresponding result in the southern part of the county. We are informed by George Beeler that John Rooney and family and John Lowell were taken from the tops of their houses by boats, and that their buildings were carried off and the most of their stock destroyed. A large amount of stock on the lower Stockton road has been lost.

DESTRUCTION OF THE PARK WALLS.--We regret to record the fact that about one thousand feet of the brick wall surrounding Agricultural Park has fallen to the ground within the past few days. These walls were built last Summer, costing, together with other improvements, between fifteen and twenty thousand dollars. They were fourteen inches thick and twenty feet high. The length of the entire wall was about four thousand feet. Some two weeks ego about one fourth of the roof of the main stand or gallery--one hundred feet--was carried away by a terrific gale of wind, which lodged it on the street. A few days since a small portion of the wall fell; now about one fourth of it is down on the west, south and east sides.

NORRIS' BRIDGE GONE.--Norris' bridge on the American river some four miles from its mouth, which withstood the flood of December 9th, gave way on Saturday afternoon to the still stronger torrent. At about half-past four o'clock two sections of the structure were carried off and floated and lodged on the north bank of the river, a short distance from the starting point. There is now no bridge standing on the American river that we are aware of except the railroad bridge of Folsom.

THE NEW LEVEE.--The new levee at Rabel's Tannery, which was reported on Saturday to have been swept away, is still standing and has withstood the severe ordeal successfully. It required close watching on Saturday night, and was saved only by the free use of all the raw hides at the tannery, which are found to be better than canvas for protecting weak points wherever they be applied.

THE PAVILION.--The Pavilion has been thronged during the past two days by those who have been a second time driven from their homes by the relentless flood. The Howard Benevolent Society has again taken charge of the hall, and is furnishing food and lodging to all who are in need. Some fire or six hundred persons have been accommodated in the building, and none have been turned away.

HOSPITABLE.--County Warden Harris furnished meals gratuitously yesterday to some thirty or forty persons. His cooking apparatus and store of provisions were brought into play to meet the necessities of the times.

RESCUED.--Two men named Seely and Tappan took several persons in distress from a floating house in Brighton, on Friday, to a place of safety.

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business is reached. Then it can be taken up by a majority vote. The order of business now is Senate Messages, and the Speaker very properly took up this resolution relating to the removal of the Legislature.

The SPEAKER--That resolutlon was laid on the table, and is in the order of unfinished business. I rule it out of order. The question is on the resolution just read.

Mr. WARWICK--Then, Mr. Speaker, I trust that I may be heard with patience for a few moments upon the question now pending before us--this concurrent resolution of the Senate. I have no doubt but that the gentleman who moved the adoption of this resolution thinks his motion means no more than it says; but he will pardon me if, watching the interest of my constituents with a jealous eye, I see in it something more. I see in the temporary removal of the Capital the germ of a permanent removal; and if the gentleman desires to know why the Capital should not be removed from the city of Sacramento, it will afford me great pleasure to inform him.

The SPEAKER (Interrupting)--The gentleman is not in order. The proposition is not to remove the Capital, but to adjourn the Legislature.

Mr. WARWICK--I ask pardon--adjourn from the city of Sacramento. It will afford me great pleasure to inform the gentleman why it should not be done. In the first place here are collected all the archives of the State. Secondly, here are all the Government officers with whom it is frequently necessary for the Legislature to communicate. Thirdly, here, over and above all other portions of the State, save and except the city of San Francisco, are large assemblages of people--forming a community where all the wants of the Legislature and various officers of the Government can be supplied without submitting to extortionate demands. Fourthly, and lastly, In no spot in the State of California would the Capitol or the Legislature be more secure than in the city of Sacramento. Sir, I have seen Sacramento recently when nearly one-half of her inhabitants were struggling upon the bosom of the overwhelming waters, and I heard no cry of agony or grief but such as was rarely wrung from the inmost heart. I have sees her when dread ruin surrounded her on every side, yet amidst all her desolation I heard no cry of despair--

Mr. AMES (interrupting)--I rise to a question of order. This is a motion to adjourn, and therefore it is not debatable.

Mr. WARWICK--Allow me to say that when the question comes up on a motion or resolution to adjourn to a new place or a different time, it is debatable.

Mr. AMES insisted on his question of order, and read the rule stating that a motion to adjourn shall be decided without debate.

The SPEAKER--The Chair will rule that a motion to adjourn by concurrent resolution, requiring the action of the two bodies, is not a simple motion to adjourn. Therefore, the concurrent resolution being properly before the Assembly, the gentleman from Sacramento has the floor.

Mr. WARWICK--In speaking, sir, of the spirit manifested by Sacramento, I have seen her when her honor was tried as never was the honor of a community tried before, and I have seen her rise superior to the temptation. In her treasury during the late terrible disaster, lay nearly one hundred thousand dollars in gold, the money not yet due as interest upon her bonds. Her levees were broken by the flood and demanded repair, and ruin surrounded and threatened her on every side. Her people looked upon that dark wilderness of waters, and no returning wave gave the slightest promise of future security or hope. The lives of our wives and little ones were trembling in the balance--the great law of self-preservation pointed to the accumulated gold in the treasury of Sacramento, but did she touch it? No, sir; she rose superior to that tremendous temptation, even in that dark hour, and went forth among her ruined merchants and stricken artisans, calling upon them to raise the means of preservation and future safety. My heart sank within me as I went forth upon that errand of dire necessity, but I saw no frowning brows, I met no lowering faces. No, sir; all was confidence and buoyancy and hope. It was then, and not till then, that I began to know her worth and to love her valor. I found her brave in the dire extremity. I saw her steadfast in the forlorn hope, where the hearts of nations, as well as communities and individuals, would sink in the struggle for life. And, sir, in that dark hour of adversity, San Francisco, with all honor to her name be it recorded, spoke words of encouragement and hope. Gentlemen will pardon me if momentarily my voice sinks while I think of her generous bounty. She gave with a liberal and bountiful hand. Honor, prosperity, peace and joy, glory and immortality bless her progress and increase her store, for her generous bounty to our stricken citizens in that dark hour of affliction. One of her most distinguished citizens, instead of assisting in our downfall and ruin, spoke to us then words of good cheer. Gregory Yale, I shall honor your name for that conduct, as it stands forth in contradistinction to that of the base jackals and wolves who have since been howling for our ruin and destruction. Sir, Sacramento asks nothing but what the voice of nature as well as the united will of the people of California has already given her. Here is the natural site of the Capital of our State.

The SPEAKER--The gentleman is not in order; the question is not upon the removal of the Capital.

Mr. WARWICK--I am talking upon the question of temporary expediency--the question of temporary removal and its tendency. And if I wander from that question for a moment, I trust the Chair and the House will pardon me in view of the importance of the question to my constituency. ["Leave."] Why, sir this movement in the hour of our distress looks to me like the flight of carrion crows around the body of a prostrate lion, wounded, weak and defenseless. They would not have dared to stand before him in the day of his strength and power, but now that he is shorn of his strength they venture to hover around him, impatient of their carrion meal. Sir, is the temporary adjournment going to do any good? Have we not, as legislators, the interests of the people at heart, and will not the treasury of the State have to answer for the expenses of the removal? Again, sir, will not the people hold us to account and say, "If a Republican Legislature cannot stand water, how will it stand fire?" [Applause ] Sir, these are troublesome times, and the finances of our State are not in as flourishlng a condition as they ought to be. Gentlemen will find, however lightly they may think of the vote they are giving on this question of temporary adjournment, that they will involve the State, if the measure prevails, in the expenditure of thousands and thousands of dollars. This is a question of the mere personal convenience of 120 men, members of this and the other branch, and the interests, the honor and welfare of 500,000 people. The waters now surrounding us will be dissipated in a few days, and I do not doubt that if gentlemen will exercise a little patience they will find this city more secure and more convenient than any other portion of the State. It appears according to the resolutions that we were only to go for a short time to San Francisco. That simply is the motion before us, but I believe it behooves us to look at the matter carefully and see what its ultimate bearing may be. If I appear to wander a little from the direct question I ask again that I may receive the indulgence of the Chair and the kindness of the House. We have proposed to erect a Capitol here--and I am referring to this subject as one of the ultimate consequences of this question, and, therefore, decidedly a legitimate argument on the gentleman's motion to concur--we have proposed to erect here a Capitol which shall be an honor and a pride to the State of California. Here are the accumulated archives of the State; here its interests all concentrate and center; here the people with united voice have located their Capital, and here it must remain. The foundations of the Capitol are already laid and the imposing outllnes of its magnificent proportions already invite inspection and challenge admiration. Here on this spot where the genius of civilization early rested her wings after her flight to the confines of the golden State, this spot, consecrated by the most hallowed associations, this spot endeared to us by our sufferings and our trials, here where the gallant leader of liberty in the vanguard of millions found his first welcome, let the Capitol arise in its grandeur and beauty. No public necessity demands its removal, and public expediency is against it. Here then let it rise, that it may apeak to the world of our greatness our opulence and our power. Here on this plain at no distant day shall be heard the hum of industry, and the song of labor shall arise within these busy gates to cheer the millions of Europe, while in their wretchedness they are dreaming of the golden shore, where affluence welcomes and rewards labor and where the fairy-like fable of the golden age is more than realized. Here let the Capitol rise in its beauty, its lofty dome facing the snow-clad Sierras, giving to the god of day its matutinal greeting, the beacon of the dawn like that which welcomes the wanderer returning from a foreign shore, who after a long and weary pilgrimage finds himself at home among his friends once more. Sir, I know that the gentleman who made this motion to concur would not be found among those who seek to fatten on the calamity and ruin of others, those who seize upon and turn to their own advantage the ruin and desolation with which God in his providence has overspread a whole community of people. Sir, within the shadows of the Golden Gate lies the glorious Queen of the Pacific, the story of whose greatness is borne upon the winds and waves in thousands of treasure-laden ships, bearing millions of our wealth away from our shores. Her prosperity and magnificence excite the astonishment of the wandering tourist, who sees in her stately structures the work of centuries performed in a dozen years, the labors of a lifetime accomplished in a moment, as if by the wand of a fairy enchanter. A great and glorious destiny awaits her. She is the sentinel appointed to guard the Golden Gate on our land; or rather, she is the proud and beautiful mistress who stands at the dcor, sending forth our commerce to distant lands, and in return giving to the labor of those distant lands a cordial and generous welcome. But she is too near the seaboard, even for a temporary removal of the Capital. In the event of danger arising from foreign invasion, not now the most remote of possibilities, the Capital, the Legislature, and the archives of the State would need to be more secure. Sir, I will trouble your patience no longer. The Legislature is now entirely safe; no further damage need be apprehended from any source whatever. What the providence of God may yet have in store for us I have no desire to know. Sufficient for the day is the evil thereof; but I have the faith and the courage to hope and believe that the City of the Plains has yet before her a bright and glorious destiny. Like the Phoenix she has sprung from the ashes of her past ruin, and beautiful as Venus she will now arise from the waves. I appeal to the assembled honor and wisdom and manliness of the State to allow this question to rest forever. Let the gambling speculations which have heretofore characterized our legislative movements be banished from these chambers. Let us inaugurate an era of honesty of purpose and patriotic self-sacrifice. So shall we earn the commendation of the just, the gratitude of our constituents and the honor of the world. And here on this spot so universally selected, let the Capitol arise in its strength and beauty, and when our children's children shall assemble around its base to celebrate some future anniversary of freedom, they will bless the wisdom that withstood the temptation and reared the Capitol on the spot of all others where nature intended it should rise. [Applause ]

Mr. CAMPBELL--I offer a substitute for the resolution now pending.

Mr. WATSON--I move that this body now adjourn until Thursday at 12 o'clock.

Mr. O'BRIEN--I rise to a point of order. Our constitutional limit of adjournment is three days. We cannot adjourn for a longer time.

The SPEAKER--I hold the motion out of order.

Mr. WATSON--I will make it Wednesday.

Mr. FERGUSON--From that decision of the Chair I shall be compelled to appeal if the Chair maintains its position. Now. here is a question before the House--

The SPEAKER--I have ruled upon the motion, and you cannot commence debate upon it until you appeal.

Mr. WATSON--I appeal from the decision of the Chair and upon that I call the ayes and noes.

Mr. FERGUSON--I rise to a question of order.

The SPEAKER--I call the gentleman to order.

Mr. FERGUSON--I rise to a question of order.

The SPEAKER--I call the gentleman from Sacramento to order; he will now take his seat.

Mr. WATSON--I appeal from the decision.

The SPEAKER--I call the gentleman from Los Angeles to order, and he will now take his seat.

Mr. FERGUSON--Mr. Speaker.

The SPEAKER--The gentleman is not in order. I have ruled upon the point of order, and there is an appeal. The ruling is, and the point of order is, that the House cannot constitutionally adjourn simply for more than three days, and the motion to adjourn until Wednesday is not in order for that reason. An appeal is taken, and the question is shall the decision of the Chair be sustained?

Mr. FERGUSON--Mr. Speaker.

The SPEAKER--The question is "Will the Assembly sustain the decision of the Chair?"

Mr. FERGUSON--Mr. Speaker, I really hope the Chair will have the courtesy when a member rises to a point of order to allow him to state it.

The SPEAKER--After the Chair has stated the question on the appeal you can state it. The Chair now recognizes the gentleman from Sacramento.

Mr. FERGUSON--As I understand the motion made by the gentleman from Los Angeles it was to adjourn until Wednesday next. The gentleman has now amended his motion so as to adjourn until Tuesday.

The SPEAKER--That amendment was not heard by the Chair, if made.

Mr. WATSON--The original motion was to adjourn till Thursday; I then so amended it as to include only three working days.

The SPEAKER--I belleve there is nothing on that subject in the rules, and I will call for suggestions as to whether the motion is to adjourn for four days or three, the Sunday intervening.

Mr. FERGUSON--Sunday is not a legal day, and Sunday cannot therefore be included.

Mr. O'BRIEN--That is undoubtedly the case, and I would have raised the point of order if I had understood the motion to be to adjourn till Wednesday.

Mr. SHANNON--There is no question now in order except that prescribed by the rules. To adjourn for the previous question, to lay on the table, to commit, to amend, to postpone, etc., and all these motions, take precedences in the order named by the rules. No motion or concurrent resolution on the part of the two bodies to adjourn can be amended by simply stating that this House can adjourn to some day named. That resolution can be amended by a motion to strike out and insert, but no motion to adjourn this House to another day is in order.

Mr. COLLINS--I understand that the motion of the gentleman from Los Angeles has no connection with this concurrent resolution.

The SPEAKER--None.

Mr. COLLINS--If, then, his motion is to adjourn this House to a day which is within our constitutional limits, it is certainly in order, and I presume that had the Chair so understood it he would have ruled it in order. It was entirely a misunderstanding, and I thlak if the appeal is withdrawn the motion will be entertained, as it should have been at first.

The SPEAKER--I rule the motion out of order.

Mr. WRIGHT--I will state as a rule of law, that where Sunday would intervene, the time passes over Sunday and the day is not counted.

The SPEAKER--On reflection, the Chair coincides entirely with the gentleman from Plumas [Mr. Shannon]. The rule makes it clear; I hold the motion to adjourn till Wednesday out of order.

Mr. WATSON--The rule says the House shall meet each day at eleven o'clock A. M., unless adjourned by vote to some other hour.

Mr. EAGAR--I have the floor, if I am recognized; I believe there is a resolution before the House.

The SPEAKER--There is no resolution before the House.

Mr. EAGAR--There is a concurrent resolution.

The SPEAKER--There is a concurrent resolution, and a substitute offered which has not been read. The Clerk will read the substitute.

The CLERK read:

Resolved, by the Assembly, the Senate concurring. That when this Legislature adjourn to-day it adjourn to meet on the first Monday in February, 1862.

The SPEAKER--It is not in order.

Mr. AMES--I move the previous question upon the resolution.

Mr. BENTON--What is the status of the question?

The SPEAKER--The previous question has been moved and seconded.

Mr. BENTON--The vote has not been taken yet upon the motion to take up Senate Concurrent Resolution No 9. I understood Mr. Eagar to move that that resolution be taken up, and I belhve that motion has not been put.

Mr. SHANNON--The question before the House is on concurring in Senate messages.

Mr. KENDALL--I rise to a point of order. I proposed to amend the concurrent resolution which has been pending before this Assembly by a substitute which has been drawn in the form of a concurrent resolution, and which I passed to the Clerk's desk. That is ruled out of order by the Speaker, and I wish to ask whether it is not in order to amend a concurrent resolution by substituting another concurrent resolution?

Mr. BENTON--I have the floor. The previous question was not seconded before I had the floor.

Mr. FERGUSON--I rise to a point of order. The previous question cannot be entertained by the Chair unless called for by three members, and their names taken down at the Clerk's desk.

The SPEAKER--The material point is that a sufficient number of members call for the previous question, and several members have called for it. The question now is, "Shall the main question be now put?"

Mr. BENTON--But I had the floor before the previous question was seconded.

The SPEAKER--I beg to say to the gentleman from Sacramento that he is mistaken.

Messrs. O'BRIEN, JACKSON and PRINTY demanded the previous question on the motion for the previous question.

Mr. FERGUSON--I rise for information. I wish to know of the mover of the previous question if it is intended to gag down the Representatives of the Capitol of the State.

The SPEAKER--The Chair will state that the motion cuts off all debate and amendments.

Mr. BELL--I wish to explain my vote. [" Leave. "l The only explanation I have to give is, that if the members of this Assembly shall sustain this previous question, they will find immediately after it is sustained that they have perpetrated a deed which may result in serious consequences.

The SPEAKER--The gentleman is not in order; he will only explain his vote.

Mr. BELL--That is the reason why I vote no--because it is not possible to decide this question as sensible men and good legislators should, without hearing the arguments. I vote no by all means.

Mr. MATTHEWS--I also ask leave to explain. Before I vote I wish to get all the information I can as to whether any proposition has been made to this House in regard to suitable accommodations in San Francisco, and what would be the probable expense of removal to the State, so that I may vote advisedly.

The SPEAKER--I will state for the information of the gentleman that the concurrent resolution comes to this body from the Senate who has had the matter under consideration and have adopted this resolution as the result of their deliberation. We are bound to suppose that the Senate has had the matter under consideration, but we are only informed of the result of their action. The effect of the previous question is to terminate debate.

Mr. DUDLEY of Solano--I wish to explain my vote. I do not deem it right for any majority however large it may be, to apply a gag in this manner to the opponents of a measure. For that reason I vote no.

Mr. SAUL--I would like to explain my vote. I think sir, that to suppress free discussion at this time, in a matter of so much importance, is an act of outrageous tyranny. I vote no.

Mr. WARWICK--Inasmuch as I am anxious to hear all the views of all the members on this question of so much importance to our constituents, I shall vote no.

The result of the vote was--ayes 31, noes 42. So the previous question was not sustained.

The question was stated on concurring in the Senate resolution.

Mr. BELL--Mr. Speaker----

The SPEAKER--Will the gentleman give way for an instant? The question before the House being of the nature it is, I shall vacate the chair, and call Mr O'Brien to it.

Mr. O'BRIEN took the chair.

Mr. BELL--I do not believe there is a single gentleman belonging to the honorable Senate which passed this resolution, nor yet a single gentleman who hears me upon this floor, whose feelings are more in favor of the passage of that resolution than are my own. But, Mr. Speaker, the feelings of legislators should have very little to do with the action of legislative bodies. We are here but for a single purpose, always and upon all occasions whatsoever, outside of the pressure there may be one way or the other, and that is simply to do right. Now, I humbly conceive that under all the circumstances of the case it would be difficult to conceive of a greater wrong than would be done by adjourning this Legislature to San Francisco. As to the legal question involved, the Hon. Speaker and myself, when we heard of the previous calamity which had befallen this city, examined the law, and we found a decision of Chief Justice Murray, in a celebrated case which involved the seat of government as between Sau Jose and other places. I sent for the volume containing the decision half an hour ago, and expect to receive it in a few moments. If I am not incorrect, this is substantially his decision--that the Legislature of the State of California may elect to assemble in any place it chooses in this State and pass laws, but that those laws will be void unless the whole Capital goes with the Legislature, and every officer thereof. He says that the place where a law is passed is just as essential as that the law should go through all the legislative forms and receive the proper signatures to make a valid law in this State. If the Senate had this morning in its wisdom passed an Act enacting that the seat of government should be transferred to San Francisco, and we had likewise agreed to that Act, and then it had received the signature of Leland Stanford, the Governor of this State, then we could have gone there with the Governor, Controller, Secretary of State, the Treasurer and treasury, and gone on to pass laws ; but they have not done so, and according to this decision, which is the law, this resolution would not make our legislation valid. The Legislature cannot pass a valid Act except in the city of Sacramento, while Sacramento remains the Capital of this State, and the Capital can only be removed by a law. Now, suppose the law were different, and that we could adjourn to San Francisco; I confess it would be delightful to me to go to my inn over in Oakland, and have Mrs. Bell and the little Bells, the whole chime of them ringing around in my ears. It would be delightful to go to San Francisco, that beautiful city, to which the gentleman from Sacramento [Mr. Warwick] did not pay too high eulogy when, with that kind of eloquence that stirs the blood, he described its commercial glory. But imagine the result when we adjourn from this place and it goes abroad on the wings of the newspapers to the Atlantic States and to Europe, that this whole valley of Sacramento, that shames the boasted fertility of the Nile, has become uninhabitable. If we do this, we knock out of our treasury thousands of golden ingots. When this City of the Plains, built of brick and mortar, but now like ancient Venice, was founded in the early days, the founders neglected, perhaps, like the ancients, to sacrifice to the gods of the winds and the floods and the internal forces, to Pluvius, Aquarius and Saturn, and all the gods of the rivers and the fields; and so in consequence of that neglect all those powers have risen upon them. But look through the windows of these cozy habitations. Look through these streets, navigable now for the Chrysopolis it may be, and yet we legislators have assembled here dry shod, assembled like the anclent Doges of Venice in their gondolas when she was mistress of the seas. I think we should stand a little inconvenience in passing about town for a few days. Are the law makers going to desert the city in the hour of its tribulation, and so proclaim that the great valley of the Sacramento and the San Joaquin, all this mighty reservoir of the Pacific coast has become uninhabitable? No sir. Though we intend to be econonical, yet it would be considered sound economy in this Legislature to appriate $500,000 this day to make this city rise above flood and fire, and all the vengeance of the gods of the elements, in order, if necessary, to establish the point that this valley is habitable, and that it is the great harvest field of the western shore of this continent. There could be no greater calamity befall this State today than to pass this resolution. It would be pleasant to me to go to San Francisco, and ride in carriages in dry streets it may be, and more so to go to the evergreen oaks of the city of Oakland; but for the greetings of empire, and the rule of California, and not for the personal convenience of members of this or any other branch of the governnmen, we are bound to stand by the right, and the interests of our state, and to stand by the city clean up to our chins if necessary, like the daring fellows that stood outside of Noah's ark, and could not get a passage. Why, I do not see but that the gentlemen of the Assembly are this morning very handsomely and pleasantly provided for. They had an extra sail [?] this morning that they did not contract for, certainly much more pleasant than walking in the mud of the last few days. I ask you if it would look well in us, just by resolution to lift our carpet sacks and depart for San Francisco? What is to become of the inhabitants we leave behind us in loneliness and desertion? Can they take boats and move away all the millions they have put here? Can the poor mechanic move his cabin, now scarcely above the flood, by its roof tile? Can all these poor, flooded, forsaken, starving hundreds, living beyond the boundaries of this and other places, be moved away? No; let it be our province to visit them--to look into this hospital and help to bear these burdens. Burdens! What burdens? Our feet are dry. We have had our clean shirts and our breakfasts, and there is food and rooms and good beds for all of us, and yet we would leave the poor mechanics, and drowned out men, women and children to their fate. Let us rather put our arms about and sustain them. Once or twice upon a time I have been in favor of the removal of the Capital, and pressed the claims of the little town of Oakland, the Paradise of the world, but that was when Sacramento was in a condition to meet and defy the whole powers of the State. But why have there been men so misbegotten of benevolence as when these poor creatures are down in the mud and water they would give them the last kick from the stern of their boat as they went off, leaving them to drown for aught they cared. No, let us rather pluck the drowning men by the locks and endeavor to resuscitate them. I live very near the place where it is propessd to assemble the Legislature, and I have a right to express myself in favor of this city. I owe it no particular love, for I remember when I supported the passage of a bridge bill here, and these very men now listening to me, with pleasure I hope, came down upon me for it like the storms of day before yesterday, though now, doubtless, they would be glad to bridge every street in the city. There are but one or two objections to this city remaining the Capital. After this flood shall be pssed away, we shall go and look at the foundations of the Capitol, and employ men skilful in boring through geological strata to learn the nature of the mud and the quicksands and then we shall decide whther or not it is possible within this area of three miles to raise a dome that shall grace the plains, and beneath which our successors shall assemble. If we cannot find a suitable spot here, then I shall be in favor of the removal of the Capital, but until I find there is no posslbility of protecting us against the calamity of the destruction of the State's property, I intend to stand by this city, and more than ever it is my nature to stand by it in the hour of its calamity. She needs friends, as you and I need friends when we are down in the mud and our enemies giving us the last blow. Let the inhabitants prove to us--and they can now if ever--that they are able to fence in their city against the floods, and furnish a good foundation in which to lay the adamant of the Capitol, and I shall stand by Sacramento to the end, and certainly in this hour of her trial forever. This is my position. My feelings are all with this resolution, but it gives me intense pleasure, under these adverse circumstances, with floods above and floods beneath, and all the pressure of the elements around this wise Legislature, to be able to vote upon the pure, abstract, unadulterated question of right. Let the right prevail, Mr. Speaker, though the heavens should fall with tenfold more abundance than they have the past week.

Mr. FAY--When the storm howls, keep cool. I rise here proclaiming thst I am a friend of Sacramento, even with all the eloquence of the gentleman from Sacramento (Mr. Warwick), and from Alameda (Mr. Bell ), ringing in my ears. There is more of eloquence than of wisdom to the remarks of both the gentlemen. I tell you that if the people of Sacramento desired to have the Capital remain permanently here they ought to have come into this House by their delegation and voluntarily introduced a resolution of this character. This fuss, this eloquence, this stir of individuals to induce the Representatives of California to her Legislature to remain here under the present circumstances is absolutely detrimental to the final settlement of the Capital here. I have heard it from eminent gentlemen of this city, who, as friends of Sacramento, go for removal. My friend from Alameda says we cannot pass laws there. I am no lawyer, but I claim a share of common sense. Now suppose this city were all covered with water and no spot were left to stand upon. Would we be obliged to sit here and legislate? Common sense forbids it, and if such is the law then let the law be repealed. The gentleman from Sacramento seems to think that the purpose of this temporary removal or adjournment is the removal of the Capital permanently. I do not think that is a legitimate argument, and I think no one has a right to bring the matter of the permanent removal of the Capital into this debate. Why? because the question was not agitated at the time we were elected. But we have a right to adjourn temporarily to a place where our business can be done with economy and dispatch, and with reference to the health of members; and hereafter if it is made an issue in the election of members, the question of the removal of the Capital may be decided in accordance with the wish of the people. That is my position, and I repeat that I am acting as a friend of Sacramento.

Mr. TEEGARDEN moved to amend the resolution by striking out San Francisco and inserting Marysville. Mr. Love inqulred if Marysville was not in the same condition as Sacramento.

Mr. TEEGARDEN said there was a safe and comfortable building in Marysville, large enough to accommodate the Legislature. He referred to the State Reform School house, which was located in a dry spot for these times, surrounded by trees, etc.

Mr. AMES said he had been in Sacramento when it was all under water, and he knew what the waters were in Sacramento. But that had nothing to do with his motion for the previous question some time since. He wanted that carried, because they had so much water that there was no necessity for superfluous gas.

Mr. WATSON moved a call of the House. Lost.

Mr. BELL read a decision of Chief Justice Murray--5th Cal., page 28--in the case of The people vs. Bigler, as follows:

"I hold that the place is an essential ingredient to correct legislation; as much so as it is to a proper administration of justice. And if a decision" [in the Courts that is to say] "would be coram non judice, because the Court was not holden at the place appointed by law, by a parity of reasoning the acts of a legislative body, done at any other than the appointed place by law, must be equally void."

Mr. BENTON--I offer the following resolution as a substitute:

Resolved, by the Assembly, the Senate concurring, that this Legislature adjourn until Monday, the 20th inst, to meet at the Capital of the State.

Mr. AMES--I raise a question of order--that no resolution, motion or substitute is in order while the Senate resolution is before the House.

The SPEAKER pro tem. (Mr. O'Brien)--I overrule the point of order, and entertain it as a substitute.

Mr. BENTON--This question naturally divides itself into three parts. The first is the convenience of the members as against the general interests of the State. Which shall yield, depends upon imperative necessity. The gentleman from Nevada tells me he is an old pioneer, has seen hardships in the West and in the wars, and can live here very well but how would it be in San Francisco, with houses swept away, water ten feet deep in cellars, and streets filled with sand, and all that? But as inconvenient as it may be to remain here, would it not be better for us to make a little sacrifice for the sake of the people. Take the expenses, for instance. The Governor tells us in his Message, that the Legislature of last year spent the enormous sum of $237,000, besides the translation and publishing of documents, which would be $48,000 more. Now if we move to San Francisco $400,000 wlll not cover the expense of this Legislature, will it be well to face the people with that next year? There is another question which I will only suggest--the question of magnanimity. That was sufficiently touched upon by my colleague (Mr. Warwick) and the gentleman from Alameda (Mr. Bell). Providence has sent a calamity upon us here and. all over the State, and but we can bear it, especially when all the country is afflicted more or less in the same manner. Now shall we be a little unmanly, considerable ungenerous, and not at all magnanimous, in this exigency? I put it to gentlemen who desire their own personal convenience, whether it is not better to remain when certainly it would be a great inconvenience to the Legislature to remove it? Which shall be done? I think magnanimous, self sacrifice and economy demand that we should adjourn temporarily until the water subsides, and then meet again where we are.

Mr. WATSON moved to adjourn until Wednesday. Lost.

Mr. FAY said the impression had been thrown out that it would cost $400,000 to remove this Legislature, but he would take the contract to remove it for $20,000. and give bonds to fulfill the contract.

Mr. BARTON of Sacramento presented an estimate of the probable cost of removal, based upon the removal from Benicia, which cost $125,000. The removal of the library would require sixty days (and that was indispensable to the Legislature), and would oost $50,000 or $60,000. There would also be an expense of probably as much more for telegraphing and expressage, provided the telegraph lines remained open so as to enable the Legislature to communicate with the Governor and other departments. The session would be lengthened at least twenty days, which would cost $36,000 besides extra mileage, etc.

Mr. SEARS said no one regretted more than he the necessity for adjourning from Sacramento, but these unfortunate floods had demonstrated to his mind that Sacramento was not a safe place. They had already had three floods here and might have perhaps a dozen more before the wet season was over. He came here to economize, and to aid in making this a short session, and in order to do so he thought it was necessary to go where they could dispatch their business with safety.

Mr. SHANON said he, too, was a friend of Sacramento. He was in the Legislature which located the Capital here, and appropriated $500,000 to commence the erection of the Capitol building. . Yet he was in favor of the resolution, not with a view to the permanent removal of the Capital, but for the purpose of expediting the legislative business. [Applause.] He believed that at least two-thirds of the members were opposed to removing the Capital [applause], but they realized the fact that the water was then three or four feet deep in all the business streets and still rising. In consequence of the backwater below, no one could predict when the water would subside. It might be from one to five feet deep for the next thirty days. Did any reasonable man expect, under such circumstances, that the Legislature would float about upon this water and hover around in upper stories and garrets of hotels, with a limited supply of the necessaries of life? Was it to be supposed that the people of this city would insist upon their living in an inundated city merely because it might militate for the time being against this city in relation to the Capital question? It did not follow because of temporary removal, that they would be compelled to locate the Capital permanently elsewhere. But it was for the purpose of temporary expedience and the dispatch of business. This resolution proposed merely to remove the members of the Legislature and the furniture necessary for them when they reassembled elsewhere. It was not proposed to removy [sic] the State library or any other State department. Thee [sic] must necessarily remain here, and the cost of removing members and the necessary furniture would not exceed $2,000. There had been an inquiry in relation to accommodations at San Francisco.. He (Mr. Shannon) was informed that a very fine home had been tendered to the Legislature gratis, and that they could obtain the United States Court rooms in San Francisco for $5,000 or $6,000 a year, a less price than they were paying for this building. In voting for this resolution he wanted it distinctly understood that he was in favor of having the Capital remain permanently in Sacramento, provided the people of Sacramento would guarantee to protect it against future overflows.

Mr. WARWICK said, for the information of the gentleman who desired to go to San Francisco for personal convenience, he read a few words from the San Francisco Bulletin of Friday evening. Mr. W. then read from that paper the account of the late disastrous flood in that city, and said if they were going to remove at all he would suggest that they should remove to some safer place.

Mr. HOAG said this discussion had taken a wide scope, from the mountains to the plains, and from the ocean to the foot hills in the distance. He lived just across the river, in the town of Washington, Yolo county, and had resided in that spot ever since 1849, when he first arrived in the State. He had seen all the various floods and other misfortunes which had come upon the city and surrounding country, and could therefore speak from his own observation. In January, 1850, a flood swept through the city which he thought was equal to the present one. It was so deep that in stores in J street it covered the tops of pork barrels standing upon end. That flood lasted only about ten days, when the water subsided. In 1852-53, another flood occurred and lasted a much longer time, and all its recollection remained in the memory of the people down to this time. Since that time there occurred no flood of any moment until last December--a period of nine years. In the meantime the people of California had considered the question of the location of the Capital at various times, and had finally settled upon Sacramento as the permanent location. He believed it was impossible to remove the Legislature without also removing the Capital, which would be against the will of the people. If they passed laws at San Francisco or elsewhere, they would probably be pronounced void by the Supreme Court. Besides the material interests of the State, they had important questions of national importance which they could not legitimately act upon elsewhere than at the Capital. That consideration alone might so end this matter. He believed the water would subside in less time than ten days. He insisted that it would be necessary to take the State Library, because it contained facts and information necessary in the business of legislation which it would be impossible for members to carry in their heads. He referred, also, to the great expense of telegraphing and expressing which would be involved and the delay that would be frequently occasioned by disarrangement of the wires. This flood came from the American river, and emptied into the Sacramento at a point some eight miles down, and within three days after the American began to fall he did not doubt the water would be as low in the city as when the Legislature first assembled. The Sacramento might remain as high as at present, but it would do no damage.

A MEMBER said the Sacramento had risen two and a half inches since the Legislature met to-day, and the probability was that it would continue to rise for some time.

Mr. HOAG replied that the Sacramento would give no trouble unless it rose much higher than ever before. San Francisco was reported to be in as bad a condition as Sacramento, so that but little could be gained by going there. The next thing after getting there would be to remove the library; then to pass an Act authorizing the Governor to remain in San Francisco.

Mr. CUNNARD demanded the previous question, which was seconded, and the main question ordered to be put by a vote--ayes 48, noes 19.

The question was first taken on Mr. Benton's amendment, adjourning the Legislature to meet on the 20th at the Capitol. The ayes and noes were demanded, and resulted as follows:

Ayes--Barton of Sacramento, Bell, Benton, Campbell, Davis, Dean, Dennis, Dudley of Solano, Eliason, Ferguson, Frasier, Hillyer, Hoag, Kendall, Machin, McAllister, Morrison, O'Brien, Pemberton, Saul, Seaton, Smith of Fresno, Smith of Sierra, Teegarden, Thompson, of Tehama, Thompson of San Joaquin, Waddell, Warwick, Woodman, Wilcoxon--30.

Noes--Ames, Avery, Barton of San Bernardino, Battles, Bigelow, Brown, Cot, Collins, Cunnard, Dana, Dore, Dow, Dudley of Placer, Eagar, Evey, Fay, Griswold, Hoffman, Irwin, Jackson, Lane, Leach, Loewy, Love, Matthews, Maclay, McCullough, Meyers, Moore, Porter, Printy, Reed, Reese, Reeve, Sargent, Sears, Shannon, Thornbury, Tilton of San Francisco, Van Zandt, Watson, Werk, Wright, Yule, Zuck, Mr. Speaker--46.

So the motion was lost.

The vote was next taken on Mr. Teegarden's amendment to substitute Marysville for San Francisco in the Senate resolution.

The ayes and noes were demanded, and the amendment was lost--ayes, 9; noes, 66.

The question recurred upon the adoption of the original Senate resolution.

Messrs. AMES, PRINTY and JACKSON demanded the ayes and noes, and the vote was:

Ayes--Barton of San Bernardino, Battles, Bigelow, Brown, Cot, Cunnard, Dana, Dore, Dow, Eagar, Evey, Fay, Hoffman, Irwin, Jackson, Lane, Loewy, Love, Maclay, McCullough, Meyers, Moore, Printy, Reed, Reese, Reeve, Sargent, Sears, Shannon, Thompson of San Joaquin, Thornbury, Tilton of San Francisco, Werk, Wright, Mr. Speaker--36.

Noes--Amerige, Avery, Barton of Sacramento, Bell, Benton, Campbell, Collins, Davis, Dean, Dennis, Dudley of Placer, Dudley of Solano, Eliason, Ferguson, Frasier, Griswold, Hillyer, Hoag, Kendall, Leach, Machin, Matthews, McAllister, Morrison, O'Brien, Pemberton, Saul, Seaton, Smith of Fresno, Smith of Sierra, Teegarden, Thompson of Tehama, Van Zandt, Waddell, Warwick, Watson, Woodman, Wilcoxon, Yule, Zuck--40.

So the resolution was lost.

Mr. AVERY, who had changed his vote from aye to no for that purpose, gave notice that on Monday he would move a reconsideration of the vote by which the resolution was rejected.

Mr. BENTON moved that the House adjourn.

Mr. FERGUSON moved that when the House adjourn it be to meet on Tuesday. Lost, on a division--ayes, 32; noes, 35.

Mr. AMES said he hoped the House would not adjourn until they had passed a bill to pay themselves. He was informed that there were no funds in the Treasury, but the Swamp and Overflowed Land Fund was available if the House acted immediately. For his part, he was about broke.

Mr. SHANNON moved to amend the motion to adjourn so as to adjourn till Wednesday.

Mr. FAY said the San Francisco boat had not gone and would remain until three o'clock, and stated that he had not yet had his breakfast. His landlord at the St. George had told him he could give him no breakfast.

Mr. BELL moved that the House adjourn till Monday. The ayes and noes were taken on that motion, and it was lost--ayes, 27; noes, 43.

Mr. FAY moved to adjourn till seven o'clock this (Saturday) evening. Lost--ayes, 27; noes, 40.

Mr. SHANNON offered a concurrent resolution that both Houses adjourn till Tuesday, January 21st. That, he said, would give time to ascertain whether the water would leave this city in a habitable condition, and he was satisfied that the people would support no measure tending to the removal of the Capital from Sacramento, if it was possible for the Legislature to transact its business here; but if at that time the city was still overflowed, no reasonable man could expect the Legislature to remain during its session.

Mr. BELL said he was in favor of standing at his post in the face of fire and flood. He had a comfortable sleep last night and a very creditable breakfast, and he was ready to stand by Sacramento to the end.

Mr. YULE said the people expected them to do their business and not waste time in adjourning.

Mr. REED said he thought the majority was unreasonable. All the streets of Sacramento were at least four feet under water, and if they would not adjourn to San Francisco, at least let them give the water time to assuage. They could do no good to the people of Sacramento by remaining during the flood.

Mr. Watson said if the gentleman was hungry he could supply him with plenty of sandwiches, and other matters commonly called " grub."

After some irregular discussion the resolution was lost.

Mr. AVERY offered the following, which was adopted:

Resolved, That the Sergeant-at-Arms be and he is hereby authorized and directed to hire one or more boats to convey members to and from the Capitol, and to pay for the same out of the Contingent Fund of the Assembly. At quarter past three o'clock the House adjourned to meet at the usual hour on Monday morning.


The damage by the late flood has been general in the State, so far as advices have come to us. In our large cities it is a question of relative loss only. The inundation has visited all, either directly or indirectly; and while Sacramento may have had more than her share of the inundating element, other cities and towns have not escaped injury from a similar misfortune. We briefly refer to the accounts that have reached us:

SAN FRANCISCO.--The Bulletin of January 9th (second edition), says:

The storm of yesterday increased with the day, and without intermission through the night. At eight o'olock this morning the rain poured down in sheets. No one "ever knew it to fall so hard before." From the hills the water rushed down the streets in torrents, and it became a difficult matter to effect almost any crossing without being over the ankle in water. The cesspools were clogged and the sewers rendered useless. Between Montgomery and Sansome streets an unusual spectacle was presented. Merchant street was simply the flume for a stream of water about an inch and a half deep. Commercial and Sansome streets had each two rapid streams, and Clay street was the bed of a small river with a long island in the center. The sloping curb stones on both sides of Clay street were flooded nearly up to the houses, and it is a wonder all the cellars were not filled with the incoming water. Sansome street was fortunately provided with lots of escape holes through which the water passed into the drains. Once they got stopped up by floating rubbish, and, to clear them, men stood over their knees in the stream, which covered even the most elevated portions of the intersection of Sansome and Clay streets, several inches. At this point we saw three pieces of heavy water-soaked two inch planking floating across. As the cesspol [sic] covers were lifted the rivers gradually disappeared.

So far as we can ascertain, the damage done by flooding of cellars is, below Montgomery street, as follows:

H. Dopmann & Co., California street, cordage and miscellaneous stores, can't estimate damage--perhaps $200. Godchaux Brothers. California street, lost, in spoiled artificial flowers and other fancy articles, between $3,000 and $4,000; this is their lowest estimate; it may amount to as much more, as, until the goods are overhauled, it .is impossible to tell the amount; their goods were mostly raised on tables, but the water was five feet deep in their cellars. Hamburger & Co., next door, had straw goods in their cellar; they think the damage slight, from $100 to $200. J. Seligman & Co. were reported heavy losers, but one of the firm assures us that they had only damage to the extent of $400 or $500 done to their dry goods. S. Meyer & Bro. had one foot of water in their cellar, which occasioned damage to the amount of between $500 and $1,000 they think. Heyneman, Pick & Co. had but $100 damage done to woolen goods. Jennings, Brewster & Co., on Sansome near Halleck street, had a foot of water in their dry goods cellar. Knickerbocker Engine, No. 5, was hard at work pumping out this forenoon. The estimated damage is between $1,000 and $2.000.

Many bulkheads .of gardens and dooryards fronting on the deep-cut streets were washed down. The wall in front of Mark Brumagim's residence, on Mason street, between Jackson and Pacific, and that of a residence on Powell street, between the same streets, tumbled. The French College, corner of Jackson and Mason streets, saved itself by timely barricades. The roof of a brick building, at the rear of the Metropolitan Theater fell in from the great weight of water upon it this morning. It was used as an armory by the Union and Zouave Guards. Loss to Platt, the owner, between $600 and $700. About one-third of the newly macadamized portion of Taylor street, from California to Pine, has washed away, and much of the fine promenade sidewalk has been carried down the bank. The fenced vacant lots at the back of the Webb cottages, at the corner of Bush and Taylor streets, are converted into deep reservoirs from which the water cannot escape through the tight fence. The Mission Woolen Mills are said to have suffered considerably by the flooding; but we have not learned the extent of the damage. Some sixty feet of the railroad embankment, about half way between the Hayes Junction and the Mission have been washed away by a furious stream collected from adjacent hills. The rails linked together remain unsupported. No train can pass. The "Willows" is deeply submerged, we are told, and about one hundred feet of the highway on this side of it is covered to a considerable depth. The fields and vegetable and flower gardens below the line of the Market Street railroad have more or less been damaged by the hill streams, and many of them are heavily coated with sand.

The Bulletin, of January 10th, has the following:

Long as was the list of damages by the heavy rains, published in yesterday's issue, we have more to add:

Bush street is in a pretty pickle. A heavy stream is rashing [sic] down the hill, turning off along Montgomery and into Pine street. At the intersection of Bush and Kearny the street has badly caved, so that there is barely room for vehicles to pass along the latter. The sewer excavation along Bash street, between Montgomery and Kearny, is filled with sand, and deposits have been formed along the whole street. The sidewalk opposite the Philadelphia House, next to the Odd Fellows' Hall, has been undermined; it stands now at an angle of forty degrees. The basement of Music Hall contained about a foot depth of water yesterday. Stevenson street has suffered somewhat. A brick house has been undermined there. Bryant street, particularly between Second and Third, is badly off. Yesterday morning the basements of residences in that vicinity were flooded, and breakfasts had to be eaten in the first floor rooms. South Park was all more or less inundated, and the spectacle there to-day is by no means an agreeable one. Third street from Brannan to Silver is what may aptly be termed a "wreck." Sewers have caved in, and big holes yawn with frightful frequency before the traveler. At the junction of Second and Mission streets the sewer has fallen in, leaving a large round gap of some twelve feet in diameter. At Rincon Point, near the Marine Hospital, a row of five new wooden two story houses have been wrecked by the undermining waters. Other houses (mostly small ones) have suffered more or less in this quarter. A deep lake has formed near Folsom street wharf. There must be suffering among poor families in that neighborhood. The brick garden wall at the northwest corner of Second and Harrison streets has fallen, and the garden land has slid down with its support. This was formerly Brewster's, now Sather's property. The south wall of General Halleck's property on Folsom street, from the corner of Second to Hawthorn street, has also much of it fallen down, and the remainder looks likely to follow suit. Brannan street was flooded. So was Woodward's fine garden near the Mission; and other places in that vicinity, as we stated yesterday, were much damaged. California, Pine, Commercial, Sacramento, Clay, and in fact all the streets running from the hills toward the Bay, have been more or less rutted by torrents rushing down. On portions of Post street the water stood high in basements of houses. So too on Ellis street. The fronts of two recently erected buildings on Folsom street fell down. The gardens on this and Howard street are much injured. On all sides of the hills the cottage and gardens have suffered considerably. A large lake has formed in the back part of the Catholic Cemetery, and the road thence to Lone Mountain is in a shocking condition. Bush street all the way in is badly cut up. Kearny street was so full of water that the City Prison floor was covered several inches. The sewer-hole gratings were taken up and the water quickly drained off. So with those in other streets. In nearly all the cobbled streets are holes of greater or less depth formed by the sinking of the pavement; at crossings this is particularly noticeable; the Street Superintendent will have his hands full in repairing damages. Most of the net-works of newly filled-in streets about North Beach maintain their integrity and the great square lakes are confined harmlessly within their solid barricades. Still some of the embankments have been badly washed, which, though bad for the city, is good for the owners of sunken lots.

The injury done by yesterday's rain to railroad, gardens, cellared goods, houses and streets, must amount to at least $50,000, yet it is so distributed that most of those who suffer will feel it little. The sewered parts of the city met most of their damage by the covering of the cesspool gratings by sand and dirt at the beginning of the heavy fall early yesterday. So soon as the peril was discovered the gratings were lifted and the damage averted. In the unsewered parts the water of course had its own way.

The rain has washed about "an acre" of sand into the southern division of the lower water reservoir, corner of Hyde and Greenwich streets. The flume, too, which runs along the beach, has been considerably damaged in forty or fifty places on this and the other side of the Fort, by the heavy rocks tumbling down upon and smashing it. About one hundred men have been hard at work for the last day or so repairing the breaches as fast as made, but as the storm shows no signs of letting up, their labors are remitted. In two days after the abatement of the storm, everything will be in first rate order again, the flume reconstructed and the reservoir cleared out. The Water Company has been damaged to an extent of between $4,000 and $5,000.

STOCKTON.--The Independent of January 10th says:

The stage for Sonora. which left this city yesterday morning with several passengers and a large quantity of mail and express matter, returned, being unable to proceed in consequence of the high water in the sloughs. It went oat as far as the Four Mile House, but was compelled to turn back, or run the risk of drowning the horses in the attempt to swim the slough at that place.

A telegraphic dispatch dated Stockton, Jan. 10th, Friday--9 p.m., says :

The rain which has been falling steadily for two days past, brought down a heavy body of water which entered the city and overflowed the streets last night about twelve o'clock. At six o'clock this morning the water was at its hight. The water was in several stores to the depth of from two to ten inches on Main, Eldorado, Centre and Levee streets. All the foot and wagon bridges but one, connecting the northern and southern portions of the city, have been swept away; also, the bridge over Mormon Slough, on the roads leading to French Camp and Sonora. The water has now fallen several inches, and is still subsiding. The principal damage sustained falls on the city and country in the loss of bridges.

The Bulletin of January 11th has the annexed correspondence from Stockton, under date of January 10th:

Stockton is all under water again--only this time a little more so than ever before since its settlement. This morning about three o'clock a friend came to my room with the cheering news that the water was within about one inch of our door-sill, and roaring like a torrent through all of our highest streets. It took me but a moment to jump into my long boots, and sure enough, as we entered the street, the rushing and splashing told the whole story in a moment. Before reaching the opposite sidewalk we waded through about eighteen inches of water on Main street, at intersection with Centre street, and going along the sidewalk towards the levee, we were overtaken by boxes, planks, boards and other floating material, until we reached Fisher's stage oflice, where the Italian who keeps coffee, tea and cakes "at all hours" was sitting on the top of his counter selling whisky, coffee, etc., to poor wetlooking customers standing up to their thighs in water before the Italian's counter.

In all the houses on the levee, principally restaurants, the chairs were piled up on the tables, and two feet of water over the floors. Our own store, luckily about the highest place in the city, was still two inches above the surface; but the current swept by it with such force, and the streets on each side wore the appearance of rivers so much, that I feared another rise, and worked away like a good fellow, piling away the goods as high as possible from the floor. After a while the clerk came along, dripping wet two feet up on his legs, saying that it was well enough for those who had long India rubber boots, but rather damp for a fellow with understandings not above his knees. At five o'clock (two hours later) I took a tramp to the Court House, and found it in a miniature lake of water, breaking over Weber avenue, and rushing under and over the Hunter street bridge, with the noise of a mountain ravine after a severe rain storm. In Judge Brown's office, in the National Saloon, and all along Main street, as far as I dared to wade in the dark water, was from twelve to twenty-four inches over the sidewalk, and correspondingly high in the streets. In front of the stage offices the water was and is two feet deep; in front of the Independent office a Whitehall boat is made fast. Near and all around the new Catholic church there is from two to four feet of water. In fact there are very few places where there is no water. The Weber House is perfectly dry, so far.

This overflow must be very destructive to all kinds of stock, as even in town here I have seen droves of hogs swimming in the streets, and probably carried down the slough to the nearest land at the foot of Mount Diablo or somewhere in that neighborhood. Thare will be no loss of life, luckily, as there are plenty of boats in the streets in case of accident. There is no want of provisions of any kind, and whatever suffering there may be among individuals or families does not require the least outside aid, as in case of necessity our own citizens would speedily come to the rescue. It is now three o'clock P M., and the water has fallen about four inches since four o'clock this morning, when it was at its highest. As it is still raining, however, and the wind due south, we may not have seen the end of it yet.

SAN JOSE--A dispatch from Street, the telegraph man, dated at San Jose, January 10th, 9 A. M., is as follows:

All parties say it is madness for us to attempt crossing Coyote creek and the streams beyond. We cannot return to San Francisco. The planking of the bridge across the Guadalupe creek is now being torn off to save the bridge. We start in a few minutes to Coyote to do the best we can.

PETALUMA.--The Alta of December 11th has the annexed:

The steamer Petaluma could not reach the city on Friday on account of the rough weather and high wind. She reached this city this morning, and her officers report that the bridges of the various sloughs in the vicinity of Petaluma have been carried off by the flood. The bridges to the paper mill have also been washed and travel in general impeded by the condition of the roads.

Sacramento Daily Union, Volume 22, Number 3368, 14 January 1862, p. 1


MONDAY, January 13, 1862.
The Lieutenant Governor called the Senate to order at eleven o'clock. All the members answered to the roll call except Messrs. Thomas, Watt and half a dozen others who obtained leave of absence. . . .


Mr. PORTER (on leave) introduced a bill without notice, entitled an Act for the relief of sufferers by the present flood in Sacramento and its vicinity. The first section appropriates $20,000 out of the General Fund in the Treasury, to be placed at the disposition of the Howard Benevolent Society. The second authorizes the Controller to draw his warrant on the Treasurer and the third provides for taking immediate effect.

Mr. PORTER--I move the bill be considered engrossed, read for the third time, and put upon its passage.

Mr. HEACOCK--I hope not. Although I know personally that there is a large amount of suffering in this city at this time, I apprehend that through the generosity of our own town, and especially of the people of San Francisco, to whom the people of Sacramento owe all that the heart can feel and language express we need not call for the aid of the State to these trying times.

Mr. PORTER--I will state that yesterday I visited different places in this city and among others Agricultural Hall, and I there conversed with members of the Howard Benevolent Association relative to the number of sufferers under their charge, and that have applied to them for relief. They told me they had then nearly 600 people who were entirely destitute, and that there were a larger number above here on the American river, in a house into which the river was coming; that there were a number on the steamer Antelope, and that applicants were rapidly increasing, as this entire country had been overflowed. They were all applying to them for aid; the Society had only $2,500 in the treasury, which would last but a very short time. I based my calculation on an aggregate of a thousand people, at one dollar a day per head, which would last for sixteen days. I think that is more than necessary to feed them, but, Mr. President, they are in a destitute condition. It is a pitiful sight to witness these unfortunate people. I saw many of them sick and entirely destitute. I saw them come there half starved, and one or two crackers dispensed to them at a time. They need immediate relief. I take occasion here to state that the example of the Howard Benevolent Association is worthy of imitation. They have done all they can. I know that my constituency will uphold me in providing immediately for the wants of these people.

Mr. LEWIS--I shall vote for the bill to take its regular course upon this ground: I know I would reflect the sentiments of Calaveras county lf I were to vote for ten, twenty, or fifty thousand dollars; but I do not like that bill. When I vote relief for sufferers I want a pro rata distribution. The money may go to some who are not needy, and who do not deserve it. If the Senator will offer a bill providing that the money shall be placed in the hands of a Committee, I will vote for it. Otherwise I hope the Senator will allow the bill to take its regular course.

Mr. HEACOCK--I would state that the boats that come up from San Francisco last night, brought up to the sufferers of our county--for they are not all confined to the city of Sacramento--some $125 worth of clothing and $2,000 in money. The boat that will come up this evening will bring fifteen to twenty tons for the relief of the sufferers. If they are themselves true to the kindness and noble generosity of the people of San Francisco, our people cannot, at the present moment, be in such great need.

Mr. BURNELL--The bill has been read the first and second time. It contemplates what naturally commends itself to everybody, the sufferers having come here from various parts, includlng Marysville and Stockton. But it cannot have its third reading if there is any objection. I move it be referred te its appropriate Committee.

Mr. NIXON--With reference to the person who offered the bill, as a citizen of Sacramento, I feel towards him as a brother, who would come to our assistance in the time of our distress. But I know that there is no part of the Sacramento and San Joaquin valleys exempt from the same distress, and I could not, as a member of this body, ask for an appropriation for the citizens of Sacramento alone. I therefore hope it will take its regular course.

Mr. BANKS--l do not feel that it is proper for the Senate to act upon this matter at this time. I have uniformly been opposed to the appropriation of money from the State Treasury to supply wants that can be supplled without resorting to that means. I think the charitable feeling of the people of this State has already been sufficiently indicated to show that this appropriation at this time is not required. Boat loads of provisions have already been sent, accomplishing the end designed by the bill. Scores of tons of provisions will yet be sent to this point for the same purpose. I therefore hope we will leave this matter where it properly belongs, to the spontaneous charity of the people of the State. When it becomes obvious that end will not be accomplished otherwise, then I will vote for the appropriation.

Mr. PORTER--I must confess I was moved by the squalid appearances at Agricultural Hall, which contrasted with the gay scenes in the streets. I shall second the motion to go before the Committee.

Mr. BURNELL--I would suggest the matter be referred to the Sacramento delegation. The bill was referred to the Sacramento members. . . .


Mr. GALLAGHER moved that the Senate now take a recess of one bour.

Mr. BANKS demanded if there was any business to be done it should be brought forward; if not let the Senate adjourn.

Mr. CRANE said the House was considering the resolution of Saturday. If they passed it the Senate should be ready to concur.

Mr. LEWIS said he understood that in the Assembly Chamber they were full of wind and talking against time.

The motion was carried.

In half an hour the Lieutenant Governor called the Senate to order. On motion of Mr VANDYKE another recess was taken for one hour.

At the end of that time another recess was taken.

Finally the action awaited transpired and the Senate reassembled.

Mr. SHURTLIFF asked leave of absence for Mr. Perkins. No objection was made.


Mr. BURNELL moved the following:

Resolved by the Senate, the Assembly concurring, That when the Legislature adjourns, it do adjourn until Tuesday the 21st instant.

Mr. VAN DYKE--As the friend of Sacramento, which I have been from the beginning, on the Capital question, and the temporary adjournment to another place, which I considered advisable, having failed, I now hope we shall adjourn so as to give the citizens an opportunity: to make the streets passable. I insert Tuesday instead of Monday, because it is well known that a great many will leave at once for San Francisco. The boat will come up on Monday, and the Legislature will then be able to transact business the next day.

Mr. CHAMBERLAIN--I feel myself obliged to oppose the resolution. If Sacramento is a fit place to sit in this season, no better time wlll come to perform the business of the session than now. All who have lived long in California know that we have the early and latter rains. I believe I should be as able to transact business now as a week ahead, if I have to shin down awning poles, as the gentleman from Yuba said he had been obliged to do. These things trouble me very little. I can wade through mud and swim through water, if necessary, and am not at all dismayed by the circumstances that surround us. I do not believe in going away a week, on a pleasure excursion to San Francisco, or anywhere else. The State wlll have to pay us, and I think we sbould transact what we are here for. If the citizens of this .place can stay here, we can stay here. This state of things will be one reason for a short session. We will try to get away as soon as possible.

Mr. GASKELL--I am a friend of Sacramento, but unlike the gentleman from Humboldt, I oppose the resolution because I am a friend of Sacramento. They have decided that Sacramento is the place for the Legislature to meet, and like the gentleman from San Joaquin, I am ready to float, wade, or do anything. I am opposed to adjourning for one week and spending $15,000, and publish to the world that Sacramento is not the place where we can meet now. We have assurance that at the expiration of that time things will be different, and every hour that I am floating in this city I am afraid of my life. If I am to be killed I would as soon have it first as last . Let us go through with it.

Mr. GALLAGHER--l would quote the words of Story--"Death never comes too soon in the defense of the liberties of one's country." .

A MEMBER--Story is played out!

Mr. BAKER--I think it well to adjourn for a week, so that citizens may construct walks and give us opportunities to do the business of Committees. The adjournment would not cost half as muoh as the removal; and I would say, for my experience of ten years in California, I have invariably found that from the 1st of January to the middle of March we have dry weather. We have our principal rains from Christmas to New Year, and then we have dry weather immediately afterwards. It is not likely that this city will be inundated again. I regret the disposition on the part of Senators, because they cannot carry their point (I voted with them), to endeavor to annoy us as much as possible on account of these inconveniences. I do hope Senators will act a little coolly and vote for the adjournment to the 21st instant.

Mr. NIXON--With permission I will read a paragraph for the benefit of the Senator from Butte, who seems to be afraid of his life, to order to post him about San Francisco. [Mr. M. read an extract from the Sacramento Bee of yesterday.]

Mr. GASKELL--I move to dispense with the reading. [Laughter]

Mr. PORTER--I rise to a question of information. How many houses have floated off here?

Mr. CRANE--I am opposed to adjournment. They say it may stop raining; I want to stay here while the water is on the ground, while the dead hogs, dogs and other animals have something to cover them up. If ten days now expire, it will throw us forward so that this old cow out here will give out her odor. [Laughter.] I want to get through with my legislation before that. The proposition is nothing more nor less than to spend $10,000 without any return to the State. Either this is a proper or an improper place; the majority of the Senate thought it was an improper place, but the House by their superior wisdom have determined that this is a very proper place to hold the Legislature of California. Now we are attempting to rebel against that decree, by the resolution to adjourn. I shall be governed by the majority. There is not the remotest human probability that in ten days we shall find it pleasanter than now. Almost every one of you will go to San Francisco, including those who voted not to go, and will have a pleasant little ride at the expense of the State.

SEVERAL MEMBERS--Oh no! That wouldn't do.

Mr. CRANE--Why not? I can stay in Sacramento now just as well as any other time. Let us have a short session--run it through in thirty or forty days, close up our business and go home.

Mr. HARVEY--It occurs to me.that the remarks of Senators in consequence of this measure having been defeated in the other House, are very ill-timed--this attempt to get up a very glowing account of the tribulations and trials that Sacramento has been ccmpelled to go through. We are the agents of the State; it will certainly not cost anything like the amount to stay that it will to go away from the Capital; it is like comparing $5,000 to $75,000. Nobody is responsible for this inconvenience, and we are all compelled to submit. I hope the resolution to adjourn will obtain. I was going to amend by inserting two weeks, because there are many among us who have property in jeopardy, like that of San Francisco. Leave has been given to members to go home and see to their property. I must say it does not come in good grace to hold up lhe misfortunes of this place--to speak of drowned cattle in the street as one of the reasons for going to San Francisco.

Mr. BANKS--It is well known, by those conversant with legislative matters that, practically, one or two weeks of every session is consumed by large Committees going off to visit the State Hospital, State Prison, etc. Why not bring the question down to a practical bearing by adjourning for one week, during which time these Special Committees shall discharge their traveling duties.

Mr. DE LONG--I was going to suggest the same thing, but the State Prison Committee has not been formed.

Mr. BANKS--I think that difficulty can easily be got over by the prompt action which our President can take on ths subject. There would be no real time lost to the State.

Mr. VAN DYKE--My object in moving the resolution was founded upon this fact, which is generally, I may say universally admitted, that for the present we may consider it impracticable to transact business here properly. Even a representative of Sacramento moved to adjourn, by his amendment, to the 20th inst. But if we remain here we accomplish nothing. My opinion is that by the adjournment we accomplish just as much as by remaining here while we are unable to leave our hotels. I am in hopes that if the weather is not too stormy the citizens will be able to construct walks. I think it is an act of prudence to adjourn.

Mr. WARMCASTLE moved to adjourn until eleven o'clock to-morrow. Lost.

A MEMBER--We can pass our resolution to adjourn till the 21st, and the House will concur in it.

The resolution was carried--ayes 19, noes 10.

Mr. GASKELL--I understand the concurrent resolution will have no effect until it passes the other House.

Mr. IRWIN--It will have no effect.

Mr. HARVEY--I desire to suggest that Senators will probably have no business to-morrow.

On motion of Mr. IRWIN the Senate adjourned till tomorrow at eleven o'clock.


MONDAY, Jan. 13, 1862.
The Assembly was called to order at eleven o'clock. On the calling of the roll, all the members were found to be present except Messrs. Barton of Sacramento, Barton of San Bernardino, Bigelow, Cot, Morrison, Reeve, Teegarden, Werk, Wilcoxon and Yale. The Journal of Saturday was read and approved.

Mr. O'BRIEN asked leave to offer a resolution, and several gentlemen objecting, he moved to suspend the rule for that purpose.

Mr. AVERY said he hoped that would not be done. It was a usual practice, but a bad one, tending greatly in the long run to retarding the business of the House. When that order of business was reached the gentleman could offer any resolution he chose. The House refused to suspend the rules, only twenty voting in the affirmative, and the noes not counted. [Mr. O'Brien's resolution was understood to be a concurrent resolution adjourning the two Houses till Tuesday, January 21st.]

Mr. O'BRIEN moved to suspend the rule in order to take up the concurrent resolution introduced by Mr. Shannon on Saturday, adjourning the Legislature till Tuesday, January 21, 1862, The ayes and noes were ordered, and the House refused to take up the resolution--ayes, 32; noes, 41.

The SPEAKER called Mr. Shannon to the chair.


Mr. AVERY, in pursuance of the notice given by him on Saturday, moved that the House reconsider the vote by which it refused to concur in Senate Resolution No 9, adjourning the Legislature to meet in San Francisco.

Mr. DENNIS moved to lay the motion to reconsider on the table.

Mr. AVERY said he was satisfied that members on Saturday voted both for and against this resolution without fully understanding its merits; he hoped, therefore, that no motion would be made to cut off debate until the question had been discussed sufficiently to be thoroughly understood.

The motion to lay on the table was lost on a division --ayes 25, noes 41.

The question was stated on the motion to rconsider [sic] the vote refusing to adopt the resolution in concurrence.

[see also 17 January p. 1]
Mr. WRIGHT said he should vote to reconsider, because he fully believed the Legislature had a right to adjourn to San Francisco or elsewhere. The Constitution provided in Section 15, Article 4, that neither branch should adjourn over three days without the assent of the other, nor to any other place without such assent. It followed from that that both branches consenting, they could adjourn for a longer time or to another place--any other place which they might see fit to determine upon. Such a rule was a necessity, because exigencies might arise, whether from foreign invasion, fire or flood, when it might be impossible for the Legislature to assemble at the usual place. As an authority upon that subject he read from "The Law and Practice of Legislative Assemblies," by L S Cushing, to the effect that if the two branches agree upon a different time and place of meeting, the constitutional restriction will not apply. He had read the decision of Chief Justice Murray, quoted on Saturday by Mr. Bell, but he saw nothing in that to prevent their adjourning to San Francisco. The question there decided was as to where was the Capital of the State, and had no reference whatever to the right of the Legislature to adjourn. The portion of the decision read by Mr. Bell was in fact only the individual opinion of the Chief Justice, and no part of the decision.

Mr. BELL insisted that what he had read was the decision of the Supreme Court and was now the law of the land.

Mr. WRIGHT said it was apparent that the Legislature could not now sit in Sacramento, because the streets were inundated, and no one could tell how long they would remain so. Many of the dwellings here had al-already [sic] been swept away, and others were--among them some magnificent mansions--crumbling, ready to fall. It was a question of self-preservation, and he thought it was their duty to leave a city, as many of its inhabitants were dolng, to seek refuge elsewhere. Was the Legislature to be crushed down and compelled to remain in this deserted city? It was impossible for the committees to do their work here, and if the Legislature should adjourn over for two or three weeks it would be an expense to the State of $10,000 or $20,000, and no certainty that the city would not be flooded when they reassembled. It would not cost more than $25,000 to move the Legislature with all its necessary appendages to San Francisco, and he should vote for it as a measre [sic] of economy.

Mr. BARSTOW (the Speaker) said he rose for a personal explanation, and inquired of the gentleman from Alameda (Mr. Bell) if his remarks on Saturday were reported correctly in the UNION of this morning.

Mr. BELL replied that he had not yet had the pleasure of reading that report.

Mr. BARSTOW read: "As to the legal question involved, the Hon. Speaker and myself, when we heard of the previous calamity which had befallen this city, examined the law, and we found a decision of Chief Justice Murray, in a celebrated case which involved the seat of government as between San Jose and other places. I sent for the volume containing the decision half an hour ago, and expect to receive it in a few moments. If I am not incorrect, this is substantially his decision--that the Legislature of California may elect to assemble in any place chooses in this State and pass laws, but that these laws will be void unless the whole Capital goes with the Legislature, and every officer thereof."

Mr. BELL--I think that is about the style of expression I used, sir, as near as I can remember.

Mr. BARSTOW said if the gentleman had not used the word we he would not have had occasion to make any explanation, but that seemed to imply that he (Barstow) agreed with the opinions expressed by the gentleman from Alameda. On the contrary he came to the opinion that the question of the right of the Legislature to adjourn to another place than the Capital was not before the Court, and the language used by the Chief Justice was only dicta thrown out by him [?]. He agreed that should the Senate adjourn to another place and the Assembly remain at the Capital, laws passed under such circumstances would not be valid, but there was no legal or constitutional obstacle in the way of both branches by concurrent vote adjourning temporarily to San Francisco. He felt it to be very unfortunate, not to say mortifying, that any member of the Judiciary Committee should have fallen into so glaring a misapprehension upon matters of law as that into which the gentleman from Alameda had been betrayed touching the matter under consideration. [Applause.]

Mr. BELL said he profoundly regretted to see an animus evinced on one side or the other, in relation to the vote of a member. The respect he had for his own opinions always made him respect the opinions of others, and he always thought quite as highly of the man who voted no as of the man who voted aye, and would despise himself if he could be guilty of indulging in abuse on such an account. Bitterness of feeling on account of legislative action ought not to be known there. The Hon. Speaker had stated the facts as far as he went correctly, and each had an equal right to draw his own conclusions. The Speaker was an eminent lawyer, but he remembered that as eminent a lawyer as Judah P. Benjamin could make the great legal mistake of justifying treason, and even Daniel Webster had been guilty of gravely arguing before the Supreme Court of the United States that there was an established religion in this country. If he (Mr. Bell) had made a legal mistake, he trusted therefore, in view of these illustrious examples, he would not be charged with being wilfully perverse. It was true that no mere dicta or dictum of a Judge was binding as law, yet it was not mere dicta or dictum when the opinion expressed went to the merits of the question, and were the facts and reasons upon which the decision was founded. That, he contended, was the case with the decision from which he had quoted. The application was for a mandamus to compel certain State offioers to keep their offices in San Jose, on the ground that it was the constitutional Capital, and the real question was as to whether that or some other place was the Capital. That was the question decided, and the Supreme Court, the Legislature and all the branches of the Government were to be affected by the decision, so [?] that the right of the Legislature to pass laws elsewhere than at the Capital was necessarily a question upon which the Court had to decide. He had been told that feelers had been thrown out to ascertain whether the Supreme Court would decide legislation at San Francisco to be valid, but he could not for a moment believe that the three honorable Judges of that Court would so far forget their duty as to intimate, in advance of any question brought before them, that they would override the decision of their predecessors and decide legislation, even on the top of Chimborazo, to be valid. If it was an impropriety in him to state to Governor Stanford that he thought he would be doing right to stand by Sacramento, he could retort that it was a still greater impropriety to make overtures of that kind to the Judges of the Supreme Coart. When gentlemen were charging honorable members with being improperly influenced, he would remind them no one thought of such influences unless they were congenial to himself--"Evil be to him who evil thinks." Mr. Bell then read further from the Supreme Court decision in the case of the People vs. Bigler, and argued further that the decision of the Court, that laws to be valid must be passed at the seat of Government, was not merely dicta of the Chief Justice, but of necessity a part of the decision of the Court--the strata apon which that decision rested. Upon reading over this decision in Mr. Barstow's library, at the time to which he referred yesterday, he could not state what decision he (Mr. Barstow) came to, but being as sagacious as profound, that gentleman proposed to examine the Constitution. They found the celebrated Section 15, Article 4 (quoted by Mr. Wright), cogitated upon it, and what conclusion Mr. Barstow came to he could not say, but he would confess that the word "place" bothered him, being rather an indefinite word. He was inclined to think that the intention was to prevent either branch from adjourning to an unusual place, out of the ken of the other, for the purpose, for instance, of accomplishing some political trick, defeating the election of United States Senator, for instance, or meeting somewhere where the gentueman from Nevada would be up to his chin in water, so as to be unable to move his reconsideration, which would be a dreadful calamity. He urged that there was no necesity [sic] for reconsideration, since the question had already been passed upon by an unprecedentedly full vote, and ridiculed the trivial nature of some of the arguments which had been used in favor of going to San Francisco. Men were ready to sacrifice the interests of the State because they could not keep their boots polished and their shirt collars standing; and oh, wo [?] the day! because the little buildings in the back yards were overwhelmed in the water.

Mr. BARSTOW said be was satisfied with the explanation if the gentleman from Alameda did not leave the House to infer that he (Mr. Barstow) coincided in his opinion as to the extent of the decision. He conceded that the dicta that the place was essential, was right, but the two Houses concurring by resolution could legally declare where the place should be.

Mr. BELL said the gentleman did not mention that opinion at that time.

Mr. BARSTOW said he was not aware that he did, but here, and not there, was the place to mention it.

Mr. BELL said he parted from Mr. Barstow on that occasion with an understanding that they were both to visit libraries and endeavor to find some precedent for such a removal as had been spoken of. He (Mr. Bell) had searched, but had been unable to find a single precedent. He was not now aware of any such precedent, unless it was that which the gentlemen from Del Norte had discovered in the work of L. S. or S. L. Cushing, whoever that might be. He proposed that the Legislature and all its attaches, and would-be attaches, should stay in Sacramento, and as soon as the water subsided fall to work to rebuild the sidewalks and crossings, and, if need be, carpet them, so that those dainty members who wanted to go to San Francisco for their own convenience, could go to and from the Capitol without soiling their immaculate boots, polished dally by the most dextrous of contrabands. Then they might get through with their business speedily and economically, and go home to meet their constituents like full-grown, sensible men.

Mr. WARWICK gave a somewhat detailed and elaborate history of the legislation in this State in regard to the seat of the Government, and its several removals from its first location at San Jose to the present time, and contended that it was impossible to remove the Legislature, or any other branch of the Government, either temporarily or permanently, to San Francisco, without the passage of an Act for that purpose and its approval by the Governor. If this thing was to be done at all, he hoped it would be done legally and in order, and with a full knowledge of what they were doing. It was a question between the personal convenience of the 120 men who were members of this Legislature and the welfare not only of the people of this city, but of the entire State. Year after year the Treasury of this State had been depleted by acts akin to this, until now it was in such a condition that they were forced to take the funds set apart for other purposes to pay their salaries. The expense of the proposed removal would probably amount to a sum which ought to be sufficient to meet all the expenses of this entire session. This was a time when money was not only the life of the State but of the nation, and it behooved them as patriots to save every dollar. The General Government was calling for aid, and let them remember that the life of the natlon was trembling in the balance, and that dollars were at this moment the life-blood of the nation. He would rather wade through the snows to the top of Mount Shasta, if the Capital were located there, than to vote for a removal, which would cost $50,000 or $100,000 in an emergency like this.

Mr. BATTLES said he was impelled to take part in the debate because of the rather wild statements which had been made by some of the enemies of this measure. It had been alleged that the removal would cost from $100,000 to $140,000, and yet gentlemen who were perfectly responsible had proposed to take the contract to remove everything necessary for $1,000. He believed that nothing needed to be removed except the desks of 120 members, and that need not cost above two dollars apiece. He had no idea that an appropriation to pay the enormous sums spoken of as the cost of removal would ever be passed by this House. He hoped no gentleman here would be guilty of voting for the bill, and did not believe any Committee raised in this House would recommend such a thing. As a representative of San Francisco, he knew something about the accommodations which would be offered there. He was informed on good authority that the old U. S. Court building could be procured at about $1,000 per month, and if the session continued for three months, and he hoped it would not exceed that, it would cost only $3,000. In that building were two rooms superior to those occupied by the two branches here, and some twenty smaller rooms which would accommodate all the Committees and the State officers if need be and even the State Library. A responsible gentleman had proposed to him to remove the entire state Library for $1,000. It would cost nearly as much to adjourn here for ten days as it would to remove, for a recess of ten days would cost the State $15,000, and they had better go at once to San Francisco and get to work. It seemed to him as if the opponents of this measure were making speeches against time, and only making these wild statements of the cost for want of something else to say. He understood that Mr. Hayes had offered his building at Hayes' Park free for the session. That would accommodate the Legislature very well, and it would cost but little to put it in order. Besides, there were two or three other buildings from which the Committee might select. The Representatives of San Francisco desired this removal for no other purpose than to enable the Legislature to get through its business in the least time and at the least cost.

Mr. KENDALL said this discussion has taken a very wide range, and been ably and fully debated. He would not attempt to add anything to the able legal argument of the gentleman from Alameda (Mr. Beil), but regarded this as a purely common sense question, which ought to be decided as readily as they would decide any question relating their business as individuals. He had no idea that the Legislature could adjourn to San Francisco and settle down to work in less than fifteen days, and he thought it would be more in accordance with the dictates of common sense to remain here and adjourn over for that or a less time, saving all the trouble and expense of removal. The removal could not certainly cost less than from $10,000 to $20,000, and probably much more in the end, besides the expense of returning. Besides, it was his firm conviction that this project of temporary removal was only a covert scheme for the permanent removal of the Capital to San Francisco. Gentlemen had tried unavallingly to conceal that object ln their remarks. He did not regard this in the light of a question of sympathy with Sacramento or San Francisco, but as a question of expediency, and as a matter of economy he thought the interests of the State would be better subserved by making an appropriation of $200,000 to guard against floods in Sacramento than to adopt this expensive scheme of removal. Here was destined to be built up a great commercial metropolis, and it was unreasonable to suppose that the industrious and enterprising citizens would leave it unprotected hereafter, after the terrible lesson they had received. The floods had visited not Sacramento alone, but had devastated the whole State, and the members of the Legislature were better off to-day than thousands of their fellow citizens elsewhere. Men who had been as long in California as most of them had, ought to rise above the vanity of polished boots and standing collars, and if they did not their constituents would hold them responsible. The little inconveniences and deprivations here would perhaps work a great advantage in tending to shorten the session.

Mr. AMES said it was apparent that this discussion would not end until it was time to adjourn, and therefore asked leave to introduce a bill which ought to be acted upon at once--an Act for the relief of the sufferers by the flood in Sacramento and its vicinity, by making a donation to the Howard Society. He asked unanimous consent to introduce the bid.

Objection was made.

Mr. REED said, in voting upon a question like this he intended to be governed by the Constitution, and no one had authority to construe that instrument for him. He had to decide for himself and on his own responsibility. He contended that it would clearly be constitutional to pass this resolution to remove the Legislature to San Francisco, and thought the framers of the Constitution had an exigency of this kind in their minds when they adopted the clause in regard to adjournments which bad been quoted. The gentleman from Alameda had befogged himself in regard to the word "place," but he construed it to mean the "place," town or city where the seat of government was located. He was convinced that the adoption of this resolution would only be carrying out the spirit and letter of the Constitution. He was no lawyer, but he claimed a share of common sense; and although he had read the decision in the case of The People vs. Bigler three or four times over, he was unable to find anything in it in conflict with the views he had given. As a question of economy, he was in favor of the removal, for if they wasted ten or fifteen days by taking a recess here, there was no assurance that Sacramento would not be inundated again at the end of that time. A slight rain would produce another flood, as full of water as the valleys now were, and then would follow another recess, and so on, no one could tell how long a time; whereas if they adjourned to San Francisco at once they would be certain of being able to go on with the business of the session. He had as much sympathy for the sufferers by the flood as any man, but he was not here as a legislator to manifest sympathy. He was a warm friend of Sacramento, and regretted the necessity of removal; but he believed it would be for the best interests of Sacramento in the end. They could do no good by remaining here, except, perhaps, to a few hotel keepers. Let Sacramento, during the coming Summer, give such evidence as was absolutely necessary that she was able to protect the city and the Capitol against future floods, and the Legislature could return; and he would pledge his honor that be would oppose any motion for permanent removal as earnestly as he advocated this resolution.

Mr. FERGUSON sald he looked upon this as a practical question, and not as a question for buncombe. What was the Legislature to do when it arrived in San Francisco? He thought they would be liable to extortionate demands in procuring a place to meet in. No positive proposition on the subject had been made by any responsible person.

Mr. BATTLES said he had been informed that the agent of the old United States Court building had been applied to by speculators, but had responded that they could not speculate with him out of the Legislature, and that ths Legislature could have that building for one thousand dollars per month. He (Mr. Battles) would pledge his reputation as a business man that it could be obtained at that price.

Mr. FERGUSON replied that that was still an indirect proposition. The gentleman was doubtless honest in his statement, but still he might be mistaken. Why was it that the advocates of this measure did not bring forward a proposition in writing, signed by responsible men.

Mr. BATTLES asked why it was that Sacramento, after proposing to give the use of this building free, asked an appropriation of $7,000 or $8,000 for it? [Applause.]

Mr. FERGUSON replied that the gentleman was mistaken in the innuendo. Sacramento never asked it, but it was given as an act of generosity and magnanimity on the part of the men who represented the State in other times. [Applause.] He reminded gentlemen that if the Legislature was removed the rent on this building would still have to be paid.

Mr. TILTON of San Francisco said there was no agreement of that kind.

Mr. FERGUSON asked on what authority the denial was made?

Mr. TILTON of San Francisco demanded the authority for the statement that there was such an agreement on the part of the State.

Mr. FERGUSON referred the gentlemen to the records in the office of the Board of Supervisors. He referred to the inconveniences likely to arise in legislating at a point so remote from the Capital. The Clerks wculd have to be dispatched by steamer, one after the other, with bills to be handed to the Governor for approval; the Governor's private Secretary would have to take up his abode on a steamer, the Committees would have to visit Sacramento to confer with the various State officers, members would have to make the journey in order to draw their pay, the Sergeant-at-Arms would be unable to keep up his communications, etc. The removal would be a final blow to the city's credit, driving it into repudiation, in which the whole State would be in danger of following; and the tide of immigration would be checked by the report that the whole valley was uninhabitable.

Mr. MACLAY said he would like to know what the Sacramento delegation wanted. If they were to adjourn to meet here again after wasting ten or fifteen days in a recess he would like some guarantee that the streets would even then be passable.

Mr. FERGUSON said as one of the Sacramento delegation he did not ask for any adjournment, but if members were willing to put up with the present unavoidable inconveniences he would be willing to meet here day after day, and go on with the business, and endeavor to fulfill the promise of retrenchment and speedy adjournment made in the beginning by their Speaker.

Mr. MACLAY sald no business could be done if they remained. The Committees would be unable to perform their duties. It looked now as if there would soon be another storm. He sympathized with this city of floods and destruction, but as a legislator he had nothing to do with sympathy. He was willing to do justice to Sacramento, and that reminded him of the Irishman on trial for murder, who told his counsel, "Be jabers, sir, and justice is all I am afraid of." If he were a citizen of Sacramento he would urge this temporary removal in order to give Sacramento time to recuperate and repair her broken levees so as to defend herself against the floods and storms, the winds and the waves now threatening to overwhelm her.

Mr. MORRISON said he regarded this as an entering wedge of a movement for the permanent removal of the Capital. This was a question affecting not Sacramento alone, but the prosperity of the whole State. The Capital was established at Sacramento by almost the unanimous voice of the people of California, and Sacramento was the natural and proper site for it. it was if not exactly the geographical at least the commercial center of the State. This Legislature was not chosen with a view to any such question as the removal of the Capital, and it was their duty to remain here as long as it should be possible to remain. He spoke of the repeated disasters which had befallen the city, and the amazing recuperative energy displayed by its citizens. They had now millions of dollars invested in the city, and they would most assuredly protect it if it cost a million to do so. They asked only a little time to recover, and to redeem their city as St. Petersburg, Amsterdam and other great cities of the Old World were redeemed from the depths of the seas. It would be a poor excuse to their constituents to say they had abandoned Sacramento because there were no theaters or places of amusement in it. If men there were not willing to sacrifice so much for the welfare of the State, let them stand up and announce what county had sent them as its Representatives [Applause] The Legislature had appropriated $150 000 for the erection of a National Capitol--he called it national for California was a nation in itself--and of that sum $100,000 was already expended. Remove the Capital and that money would be lost. Sacramento asked no appropriation at this session, but if the Legislature could remain with her it would be to her an ark of safety, and at another session she would be able to show that the money already expended for the Capital here was safely applied. This effort came with a bad grace from San Francisco, and he hoped it did not come from the people of that great city, who had always been ready to lend a helping hand to those in misfortune. Sacramento was not a rival to San Francisco, for San Francisco could have no rival. She must always be the great emporium of the Pacific, being the only spot on three thousand miles of coast where it was possible to build a great metropolis. He hoped the effort would fail and be entirely abandoned, and that time would be given to Sacramento to recover from her last misfortune. In conclusion, he moved that the motion to reconsider be indefinitely postponed, but withdrew it at the request of

Mr. FAY, who said the remarks of Mr. Morrison and other speakers were entirely foreign to the question, because there was no proposition to remove the Capital permanently. There was no such design that he knew of on the part of the San Francisco delegation or any of them, and he called upon gentlemen "to say whether any representative of San Francisco had approached them wth any such argument." There was no response, and therefore he said that the charge made against the San Francisco delegation of a desire to oppress Sacramento for the benefit of San Francisco was a false charge. It was true that the interests of the two cities were identical. The representatives of San Francisco represented one-third of all the taxable property in California, and probably the people of San Francisco owned more Sacramento bonds than were owned in all the rest of the State. They were in constant communication with the merchants of Sacramento, and today these merchants owed to San Francisco a large mercantile balance. The removal of the Capital to San Francisco would, therefore, be but a drop in the bucket, and it was not to be supposed that the San Francisco delegation would advocate any measure designed to destroy the credit of Sacramento. That would be doing dire injustice to their own constituents. They advocated this measure only because San Francisco seemed to be the only place to which the Legislature could go and get immediately to work. The San Francisco delegation had proposed to the Sacramento delegation to-day, that both should retire from the Hall while this question was up, thus giving Sacramento the advantage of seven in the vote. That did not look like taking an advantage. Neither San Francisco nor the rest of the State desired at all to oppress Sacramento, and he was ready, if it were possible, to give security against any attempt toward permanent removal of the Capital during this session. The delegation would pledge themselves as one man not to introduce the proposition nor support it, because it was conceded that they were not elected upon any such contingency, and it would therefore be dishonest legislation to raise the question. It should never be raised until the voice of the people was heard upon it directly at the ballot box; and he believed a majorlty of the citlzens of San Francisco would vote to-day that they did not want the Capital there. One of the wealthiest men in San Francisco told him that he did not desire it, and that was, in his opinion, the prevailing sentiment.

Mr. DEAN said they were very willing to accept the assurance of the magnanimity of the San Francisco delegation, but he remembered that that delegation voted almost uniformly against Sacramento in this matter. They were proud of the fame and progress of San Francisco and its commercial greatness, but he thought that fame and prosperity and greatness had been promoted by Sacramento. The San Francisco delegation ought to be very careful upon this question, for it was delicate ground to them. In the interests of his constituents of El Dorado county and in the interest he believed of the whole State, he said give the Capital of the State a chance. It was true, Sacramento had not amply protected herself, but that was no reason for believing that she would not hereafter. There was too much property involved to doubt for a moment that it would be protected if it was possible. The water was now subsiding, the business streets would be clear in a short time, and he saw no exigency for a removal of the Legislature. No man, of course, could predict what the future would bring forth, but the probabilities were that within ten days the Legislature could go on with its business as well as ever. He opposed, therefore, the unnecessary expense of removal, and as a Republican, he called upon his fellow Republicans to vote against this resolution, in order consistently to carry out retrenchment and reform.

Mr. FAY inquired if this whole subject, from beginnlng to end, had not been discussed and voted upon without regard to party distinctions.

Mr. DEAN replied that it had, and he only referred to the matter for the sake of consistency.

Mr. TILTON of San Francisco referred to the contract alleged to exist between the State and the city for the rent of the State House, and stated that the Board of Supervisors of Sacramento had tendered this building to the State of California for legislative purposes, free of charge, but that nevertheless the Legislature had passed in the general appropriation bill an item of seven thousand dollars for the rent of the building. From that day to this, if his recollection served, there had been no authority given to any person to make such a contract as had been referred to on the part of the State.

Mr. FERGUSON In reply said there had been an understanding of the sort, and he presumed gentlemen had sufficient knowledge of legal contracts to be aware that if the tenant vacated without notice he was still liable to his landlord, even though no writings might have been drawn up. Reference had been made to the large mercantile balance due San Francisco, from the merchants of Sacramento. It was true that there was such an indebtednsse [sic], amounting to hundreds of thousands of dollars, perhaps to millions, and he would remind gentlemen from San Francisco that by this measure they were compelling the merchants of Sacramento to repudiate, and thus injuring their own constituents, who would hold them responsible hereafter. As to the proposal that both delegations should retire during the discussion and vote upon this question, he would ask the gentleman who had mentioned it whether the purpose was to stifle the voice of Sacramento.

Mr. FAY desired to know if the gentleman meant to ask him a personal question?

Mr. FERGUSON said he only asked what was the.meaning of the proposition, which be had not heard of before.

Mr. FAY said three or four of the San Francisco.delegation had suggested to those of the Sacramento delegation who sat near them, but they declined on the ground that they desired to record their votes. That was all.

Mr. FERGUSON said his question was, "what was the design of the proposition?

Mr. FAY replied that, so far as he understood, it was to overcome the idea that San Francisco desired to oppress Sacramento. They proposed to leave the matter to those who must be considered impartial.

Mr. WARWICK said gentlemen had required assurances that if they remained here there should be no return of the flood. If they were to go to San Francisco he would require assurances that the State House should not be shaken down by an earthquake. [Laughter.]

Mr. FERGUSON said was not for him to advise as between members and their constituents, but he believed the merchants of San Francisco would repudiate the action of their representatives. He understood that an indignation meeting was being held in San Francisco, perhaps at that very hour, on account of the part enacted by their representatives on Saturday.

Mr. TILTON of San Francisco inquired if that was intended as an intimidation.

Mr. FERGUSON replied that he only stated the report to inform gentlemen that their constituents did not desire them to take this step. The people of San Francisco sent up yesterday twenty-five tons of provisions, and, it was reported on good authority, would send more by the boat to-night, and with it five thousand dollars in money. Yet the representatives of San Francisco would take a step which would crush out the buslness of this city. The people of San Francisco had also leased Musical Hall, fitted it up, and announced that they would feed and clothe one thousand of the sufferers by the flood.

Mr. HOFFMAN proceeded at considerable length to argue the legal questions involved, and replied to the various arguments of the opponents of the resolution. He did not desire, he said, to lay a straw in the way of Sacramento, but he considered that a temporary removal of the Legislature was an absolute necessity. If the rain should come it was inevitable that there would be another flood.

Mr. AVERY said there were still twenty or thirty members who would like to speak on this subject, but several of them had agreed not to say anything in order to come to a vote, as it was then half past three o'clock. If it would not be construed as applying the gag he would move the previous question.

The previous question was seconded.

Mr. BARTON, of Sacramento, moved a call of the House. Lost.

The main question was ordered to be put by a vote of ayes, 46; noes, 28.

The ayes and noes were ordered on a motion to reconsider the vote by which the House refused to concur in the Senate resolution, and calling the roll, the following was the result:

Ayes--Ames, Barton of Sacramento, Bell, Benton, Bigelow, Campbell, Davis, Dean, Dennis, Dudley of Solano, Eliason, Fay, Ferguson, Frasier, Griswold, Irwin, Kendall, Machin, McAllister, Morrison, O'Brien, Parker, Pemberton, Reeves, Sargent, Saul, Shannon, Waddell, Warwick, Watson, Woodman, Wright--32.

Noes--Amerige, Avery, Battles, Brown, Cunnard, Collins, Dana, Dore, Dow, Dudley of Placer, Eagar, Evey, Hillyer, Hoffman, Jackson, Lane, Leach, Loewy, Love, Matthews, Maclay, McCullough, Meyers, Moore, Porter, Printy, Reed, Reese, Sears, Seaton, Smith of Fresno, Smith of Sierra, Thompson of Tehama, Thompson of San Joaquin, Thornbury, Tilton of San Francisco, Van Zandt, Werk, Yule, Zuck--4l.

So the House refused to reconsider the motion.

The announcement of the result was received with great applause, both on the floor and in the lobby. . . .


Mr. Ames also introduced an Act for the relief of the sufferers by the flood in Sacramento and its vicinity. Read twice and referred to the Judiciary Committee. [It appropriates $20,000 to the Howard Benevolent Society for the purpose indicated.] . . .

Having no other business, at four o'clock the House adjourned. . . .

p. 2


Accounts received yesterday, and given elsewhere in our columns, state that there has been serious interruption of communication in the counties of El Dorado, Placer and Amador, and great destruction of property. Buildings have been swept away, and it is feared that in some localities loss of life has followed. Communication with other portions of the State was entirely cut off. The telegraphic wires were generally down, and it was not expected they would be up for several days.

The water fell in the streets of Sacramento yesterday about one foot. The Sacramento subsided about nine inches and the American also went down, although it was difficult to determine to what extent.

Five dead bodies were found on the north side of the American river yesterday, in the vicinity of Norris' Bridge. The particulars are stated in our local column.

The steamer Defiance went up the American river on Sunday last to Patterson's, a point in navigation seven miles farther than has been achieved before. She took up freight, connected with the railroad and returned yesterday, bringing down about one hundred passengers. The steamer Governor Dana also went up the American yesterday. Both steamers, it is expected, will make the same trip to day.

The Sacramento overflowed its levee on Sunday night and yesterday to the extent of two blocks below R street, but the flow of water at that point appears to have had no perceptible effect in backing up water in the city, as the fall of the flood in the city yesterday was constant and marked.

Correspondence will be noticed in our columns from San Francisco, Placerville and Salt Lake.


In the Senate yesterday . . .A bill to appropriate $20,000 for the relief of the sufferers by the flood in Sacramento and vicinity was offered by the Senator who proposed the adjournment to San Francisco. An effort was made by the originator to push the bill to a final vote under a suspension of the rules, but upon the statement by Senator Heacock, of this county, that the prompt benevolence of the people of San Francisco, and the energy and liberality of our own citizens were equal to the emergency so far as all known cases of distress were concerned, it was allowed to take its regular course with other bills. Some Senators indulged in harmless tirades against Sacramento, when it was announced that the Assembly had refused to concur in the resolution to adjourn to the Bay. Our city, having survived more serious things, will probably be affected but little by the grumbling of testy Senators, whose ill-nature may have had its immediate origin in a wet pair of boots, or a lack of cream in their coffee at breakfast.

In the Assembly the main portion of the session was consumed in the discussion of the adjournment question, and it was finally determined in the negative. The frightened ones generally adhered to their desire to desert the Capital, but they were unable to control the matter. . . .

THE FLOOD AND THE NEWSPAPERS--In our issue of yesterday we mentioned the fact that notwithstanding the flood the UNION had omitted no number of its daily or weekly publication. Our sprightly little neighbor, the Bee, in a rather ill-natured response, says that it knows of "no journal in Sacramento that has missed an issue, either." The UNION is the only paper in this city that has missed no issue. On Saturday the Bee issued a " slip," and apologized to its readers for being unable to issue in regular form. On the occasion of the first flood last month, the firm which does the Bee's press work was unable to perform the work, and for something more than a week that paper was printed upon our steam presses. These are matters of fact, and we deem worthy of mention. . . .

MORE RAIN--At five o'clock last evening another rain set in, which continued, with occasional interruptions, through the early portion of the night. . . .


The vote of the Assembly yesterday, upon the motion to reconsider the vote of Saturday upon the adjournment question, put at rest the foolish proposition to turn the State government upside down, because for forty-eight hours the streets of the Capital were filled with water from a freshet which has inundated every valley on the Pacific coast. The advocates of the resolution to remove the Legislature to San Francisco for the Winter, seemed to be so panic stricken at sight of the high water, that they gave no thought to the certainty of a speedy fall, and the restoration of the city to a more comfortable condition. Because some members went without omelettes at breakfast on Saturday and Sunday, they seemed to abandon all hope, and to consider it a plain case that nowhere in the State could they be safe for a single day except upon the sea coast. Others had different reasons, no doubt, for the vehemence with which they urged a stampede of the Legislature. It is probable that some voted to go to San Francisco because they could then be nearer home than now; others, because they longed for the pleasures of a larger city. Some may have been influenced by the fact that there are more melodeons at the Bay, for we have always had some members who were at least as regular in attendance upon those elevating institutions as upon the sessions of the body to which they belonged. Many were no doubt really alarmed by the unprecedented rise of the waters, and unable to exercise their judgment in the midst of the fright of the moment. These latter will, now that the water has so far subsided, rejoice that cooler heads than theirs ruled in the matter, and settled the question by defeating the ill-advised movement. We congratulate the people of the State that their representatives have refused to establish a precedent for moving the Legislature about from year to year to such places as may present the most attractions, regardless of the law locating the seat of government. The vote whereby the Assembly refused to reconsider its non-concurrence with the Senate resolution has averted an immense amount of vexation, a large expenditure of money, and the doubts which would have been thrown around the legality of the legislation of the session. Had the project for adjournment prevailed, we should probably have seen the Legislative department at an inconvenient distance from the Executive, for it is the general opinion that our present Chief Executive would not have considered a concurrent resolution a sufficient warrant for the removal of his quarters to the various places which might, during this Winter have been honored by a brief visit from the Legislature. Probably many members would have refused to attend any session held elsewhere than at the Capital, under the conscientious conviction that all proceedings had under such circumstances would be void. We think the Assembly has in this instance proved itself the conservative branch of the assembled wisdom, and that by defeating the reckless and hasty project which found but thirteen opponents in the Senate, it has saved the State Government from serious disturbances, and perhaps a dead-lock at a time when such interruption would be a serious blow to the interests of the State. . . .

SLEIGHING IN WASHOE--The Territorial Enterprise of January 7th says: The snow is about two feet deep, and the sleighing excellent. Any quantity of cutters and sleighs are out and the jingle of bells in the past two days has grown to be a familiar sound. . . .


It was stated in the Legislature yesterday that a meeting was being held on that day in San Francisco by way of repudiating the action of that portion of its delegation which voted to remove the present session from Sacramento. Whether this be so or not, it is quite clear that these representatives have not proved themselves true exponents of the will of their constituents as expressed in their leading papers, and in the popular sentiment as it has come to us in various forms. While the people of San Francisco have been making themselves a glorious name at home and abroad by their noble donations to our suffering people, and by their public disclaimer that they would be the last to move in the matter of a removal of the State Capital, either temporarily or permanently, from a city where the solemn legislation of the people of the State had fixed it, and which has been sorely afflicted by a Providential dispensation, we are sorry to see the representatives of that city so wanting in enlarged public policy, and be wedded to their own private comfort as to vote for a removal. We will not say that there has been any speculative object which has actuated members, although it appears from the debates that members had been approached by parties from San Francisco, who had assured them that such and such places could be procured at certain stipulated prices. Whatever has been the ruling motive it has been effectually rebuked by the action of the Assembly yesterday. We regret to see such a movement favored by prominent members of the Republican party in San Francisco, from whom we looked for more enlarged views of public action under the auspices of the new administration which has just come into power. We trust that no such mistake will be committed again. Those who have voted to remove the present session from Sacramento because they were not quite so comfortable in their personal arrangements as they had been previously, have no business in a Legislature of true Californians, and should blush for their effeminacy, when even women and children have borne up bravely under a succession of floods, and refused to leave their husbands and fathers to struggle alone in their misfortunes. We are pleased that the record has been made, and the word has gone out that a majority of California legislators are not afraid of a little water, and can bear calmly a little temporary discomfort.

HOWARD ASSOCIATION.--This Society has again been made the almoner of the philanthropic and generous people of San Francisco, and the trust is well confided. Sunday night the steamers Nevada and Cornelia arrived with 562 packages of provisions, etc, and four boats, manned each with two boatmen who volunteered their aid. Their names, which should be well remembered by our people, are Oliver Lovell, Charles M. Underwood, G. H. Mayo, Wallace Fischer, E. L. Smith, S. Usham, Seth Hall, and ------- Kelley. One of the boats was sent to cruise all the way to Benicia, two miles from the east bank of the Sacramento; another five, and a third ten miles. Each was supplied with a week's provisions. The fourth went below Sutterville on a special charitable errand. A steamer from Georgiana Slough brought thirty-five women and children up yesterday morning, all in a destitute condition, rescued from places on the route. Five persons were reported drowned at Norris' Bridge, and the Coroner, on notice from the steward, at once went to the spot to receive and inter them.

During yesterday provisions were distributed at the different stations of the Association, six in number, besides the Pavilion, and 1,250 persons have received cooked food from the donations. It was reported that the boat last night would bring many tons more of goods contributed for relief of the sufferers by the last inundation.

R. M. Jessup, President of the California Steam Navigation Company, tendered their boats to convey all who would leave, free of charge, and about one hundred women and children left on the Antelope, Cornelia, and Nevada.

A Committee, consisting of C. C. Bemis, C. A. Hawley, Cyrus Palmer, and Jacob Deeth, notified the Association, through E. D. Sawyer, Secretary, that arrangements had been made to accommodate any and all persons coming from Sacramento in want of relief. It is said that wagons had passed through the streets of San Francisco with painted flags, "Relief for the sufferers at Sacramento;" and that everywhere they passed supplies were poured forth, although it was Sunday. Churches took up collections and sent them to the Committee at onoe. The citizens held a meeting at half-past ten o'clock, and at twelve o'clock the steamers were loaded and on their way. Such promptness and such an extent of relief has never been equalled in the time.

Although a large number left the Pavilion for San Francisco, an equal number has been added during the day, and the same excellent and systematic regulation that has marked its conduct is continued.

The Committee who came up in charge of the articles took took a survey of the city from the top of the Pavilion, and were conveyed to the various places where they could best see the great devastation of the flood. It is needless to say they were impressed with its magnitude and extent. The Committee returned on the boat yesterday, after conference with the officers of the Howards, fully advised of what are the actual wants of our sick and distressed. All honor to San Francisco, and may she never want friends or aid.

DONATIONS FROM SAN FRANCISCO.--There were received in this city on the night of January 10th, by the steamer Nevada, for the benefit of those who suffered by the flood, provisions and clothing from various liberal donors in San Francisco, among whom may be mentioned Ross, Dempster & Co., William Pierce & Co., Marks & Gone, E L Fell, C. A. Hunt, Swain & Brown, J. L. Sanford & Co., International Hotel, W. E. Brown, South Park Market, American Exchange Hotel, Central Committee, Deeth and Starr, Breed & Chase, Williams, Howard street donors, A. P. Bessey, Shellard, Elliott, and Simpton, constituting in all some one hundred and twenty-five packages: The Committee who had them in charge were Edward Hull, D. C. Breed, C. A. Hunt and E L Fell. These donations were the result of meetings held in San Francisco on hearing the intelligence of the further calamity which had fallen upon the citizens of Sacramento, and we learn that efforts are still being made in the same connection by charitable persons in San Francisco. By a special vote, the Howard Benevolent Society of Sacramento are made the distributors of the donations. It will be seen that our fellow-citizens of the Bay City are not weary of well-doing, and that they continue to give with a liberal hand in response to the call of suffering humanity.

The Cornelia arrived subsequently to the Nevada with further, contributions, which are referred to elsewhere in an account of the doings of the Howard Benevolent Society, where the aggregate of all the donations received by the steamers is given.

CLIPPED IN THE WRONG PLACE.--The Bee yesterday, in giving the ayes and noes on the resolution to remove the present session of the Legislature to San Francisco gave the wrong vote in the Assembly. Its "legislative reporter," in clipping from the proceedings as given in the UNION, took the vote on Benton's amendment, adjourning the Legislature to meet on the 20th at the Capital, which was thirty to forty-six, whereas the vote upon the adoption of the original Senate resolution for removal to San Francisco was thirty-six to forty. The " reporter" of the Bee should be more careful and not expose himself to the raising of questions of privilege. . . .



The Storm and Flood--Danger to Buildings--Impolicy of Removing the State Capital.

SAN FRANCISCO, Jan. 11, 1862.
"Water, water everywhere!" To-day we can sympathize with our friends in Sacramento. Never, since the memorable forty days and nights rain of 1849, has our city presented such a soft appearance. Montgomery street is a sluice box. The sewers are caving in; and people who have time to think are speculating on the probability of a general tumble down and smash up among the tall brick buildings. Some of them that have proved against fire appear likely to succumb to water. I reckon it would be not an easy matter to procure a policy of insurance, at ordinary rates, on some of the best of them to-day. I could name a dozen big buildings that are looked upon with suspicion.

The Custom House is considered safe, notwithstanding she has several inches of water in the hold at this writing.

It has been proposed to offer the rooms formerly occupied by the United States Courts to the Legislature, in the event that it is found necessary to remove the Capital. But, privately and confidentially, it would be a bad move. The building took a "list to pont," as a matelot would say, several years ago, and is likely to "come down by the run" at any hour--at least, that is the opinion of some folks.

If it were deemed advantageous to cut off both branches of the Legislature, then assuredly it were well to do it quickly--and the adoption of the old United States Court rooms would, perhaps, insure the execution of the job about as pretty soon as any other plan.

The Jenny Lind Theater, better known as the City Hall, is considerably damp about the underpinning, and if it comes out of this Winter's wet with whole walls it will surprise some people.

Did you know there is an agent in yonr city endeavoring to strike a bargain with the State for the use of Assembly Hall for legislative purposes? That's so.

Assembly Hall might do, though it would be with a squeeze and enormous expenditure for gas light and fearful sacrifice of health in the absence of proper facilities for ventilation. So far as the Hall is concerned, its occupancy by the Legislature would be an improvement, as its (the Hall's) moral character is very bad. The building is situated on the line of travel explored by John Phoenix Squibob, Esq., many years ago. Everything considered, it would be a bad thing to bring the capital to this city now. The Lord only knows where the members would find board and lodging. I don't. The hotels are all crammed jammed full, and there are very few furnished rooms to let. The members might occupy the Presidio barracks for lodgings; but then there is no way of getting out there this season except by climbing over the sand hills.and that would be highly inconvenient, considering the altitude of the sand hill route. In any event don't send the Legislature here. Should necessity require it we might afford to accommodate a few more ladies and children from Sacramento, because we fellows could turn out and smile all night. But for the sake of all you hold most dear on top of the ground, under water don't send any more men here. IDLER


The Flood In El Dorado and Placer Counties--Great Damage--Communication by Stage--Telegraph Interrupted.

PLACERVILLE, January 10th--9 P. M..
EDITORS UNION: Rain, rain, rain! there seems to be no let up to it; for three days it has poured down upon us, and at this writing it seems to be coming down in torrents, as though the very floodgates of Heaven were opened; rivulets are turned into rivers which sweeps everything before them. The greatest anxiety is felt for the people in the valleys and along the mountain streams. The water has reached where it was never known before, and houses that were supposed to have been far above high water mark have been swept away, every bridge that we have heard of has been swept away.

Placerville has suffered no little. Nearly all of the cellars in the city have been flooded. All of the bridges except two--one on Coloma street and another just below it, across Hangtown creek--are gone. A dwelling house near the bridge in upper Placerville was swept away, and many outhouses along the creek went down the stream, with wagons, lumber, cord wood and everything within reach of the mighty rush of water. A great portion of the water left the bed of the stream this afternoon, and is now rushing through the street between the upper and lower towns.

Communication by stage is cut off in all directions. No stage left for Carson to-day. The stages left for Sacramento this morning, but soon returned, being unable to cross Weaver creek, one of the bridges--the one on the new toll road leading to Mud Springs--having been swept away, and the other having had all the planking torn up, to try and protect it. A messenger has since crossed upon the stringers of the bridge, and taken a horse, with the express letters for Sacramento.

The bridges at Coloma and Uniontown have both been swept away. The Chile Bar bridge, between here and Georgetown, and the dwelling house at the bridge, belonging to Eli George, has gone down the stream, which is fifteen feet higher than ever known before. Ogilsby's bridge, across the north fork of the American, is reported to have been swept away. Brockliss' bridge is reported safe.

I learn by telegraph that the water is three feet deep in the streets at Mnd Springs, and many families have been compelled to vacate their houses.

One of the stages from Carson got in ths afternoon. This one was due yesterday. The driver of another Carson stage got in to-night with the horses, having been compelled to leave the stage on the road some miles out The roads are reported in a horrible condition.

Since writing the above. I learn the following particulars by telegraph in regard to the flood at Coloma and Auburn: At Coloma the main span of the bridge is standing, but both ends and the toll house are gone. The Chinese merchants have all been driven out, and have lost most of their goods.. Brown's store was washed into the street, and the Post Office has moved into Wells, Fargo & Co.'s office. The bar below town is completely covered. A house belonging to Carney Cotton was carried away. The river swept over the road between Winters' house and the bridge. The flood has been very destructive to all the ranches in the vicinity of Coloma.

At Uniontown the main span of the bridge is also standing, but both sides and the toll house have gone down the stream. From Auburn I learn that the streams in that vicinity, are higher than ever known before. All the bridges on the North Fork are gone, and communication with Yankee Jim's and the towns above cut off.

I learn from the stage men who came in tonight, that a portion of the walled road leading on to Brockliss' bridge has been washed away, rendering it impossible to cross there with teams until it is repaired.

The heavy wind in the mountains prostrated the telegraph lines last night. Should the storm abate to night they will be repaired in a day or two. An extra force of repairers are being put on, and will be kept traveling over the line during the Winter.

SHOULD BE REPAIRED.--The streets between the State Capitol and the principal hotels should be made passable as quickly as possible. The Committee of Safety should lay down the crossings and each property owner repair his own sidewalk. . . .

On the American River.

am ready to sell Lots. The town site is located EIGHT FEET above the highest water mark. The steamer Gov. Dana will leave for the above place TO-MORROW, at 10 o'clock A. M. , from her landing. It is the only high land on the American river.
Ja14 2dptf SAMUEL NORRIS. . . .

p. 3


NAVIGATION OF THE AMERICAN.--The steamer Defiance, Capt. Gibson, arrived at the levee at about twelve o'clock M. yesterday, from her trip up the American river. She started up on Sunday forenoon, taking about forty passengers and sixty tons of fright, shipped by Tifft [?], for Folsom. The steamer moved slowly and cautiously, of course, as it was her first trip up the river and as the current encountered was very strong. At about five o'clock in the afternoon she drew up and made fast at Patterson's Hotel, twelve miles from the city by the river, and seven miles higher up than any steamer had ever been before. As she neared the hotel, she was welcomed by a crowd of about forty persons, who had gathered there, with three rousing cheers. She remained at Patterson (for such will probably be the name of the new canvass town which must spring up there) until the arrival of the train from Folsom, at twelve o'clock M. yesterday, at which time she took on board one hundred passengers and came to the city, arriving at the levee at ten minutes past one o'clock. She will leave again this morning for the same point, and will probably hereafter make daily trips. The cars run regularly from Folsom to Patterson, and passengers and merchandise will be likely to take that route, so long as the river remains high and the railroad between here and there remains impassable. The steamer Governor Dana left also for Patterson at about ten o'clock yesterday morning. She took up about seventy-five tons of freight, chiefly for Campbell & Sweeny. She will leave again at ten o'clock this morning, and will probably make daily trips hereafter. She will take up to-day merchandise for Lindley, Hull & Lohman, who expect at once to open a branch house at Patterson.

EXTENSIVE CREVASSE.--An extensive crevasse in the Front street levee below R street has been created by the action of the high water of the past few days. During Friday night and Saturday the water in the city was higher than that of the Sacramento, and almost all the levee south of N street was covered by water flowing over into the river. As the water within the city began to fall, that of the river from the increased supply of the Feather and other northern streams, began to rise, and very soon a counter overflow commenced. The result of these currents was the entire washing away of the levee at those points below R street, which have required frequent repairs within the past year. Yesterday morning a space of about one hundred yards between S and T streets was entirely gone, and for about an equal extent below the water was passing over freely and the embankment was wearing away rapidly. Nearly two blocks of the levee at this locality may be said to be gone, and cannot be repaired until the river shall have fallen several feet. A vast volume of water is steadily passing through this crevasse and must seriously tend to retain back water in the lower portion of the city.

ADDITIONAL LOSSES.--We learn from George Keech, a Sacramento and Jackson stage driver, that the late flood washed away the Jackson Gas Works, the American Hotel and several other buildings in the town. Ione Valley was entirely inundated, the water standing at Ione City three feet deep. When onr informant was at the last named point, the discharge of fire arms was heard down the valley. It was supposed that parties in distress were calling for aid. As there were no boats on hand, the residents at the city were engaged in constructing them to extend such relief as they could. A loud crash was also heard down the valley, supposed to be caused by the falling of Martin's building. Wilson's wire bridge on the Cosumnes was turned wrong side up by the flood, and the large barn connected with Wilson's Exchange was carried off.

CORONER'S INQUEST.--Coroner Reeves held an inquest yesterday morning on the body of Judge Kelly, alias colored bootblack, who was drowned on Saturday night at Powell's stable. A. B. Bishop, A. McHesser, Samuel Mingham, John T. Doissy, W. L. Everett and G. A. Lockhart served upon the jury. Frank Powell and Mary Mayo were examined as witnesses. The first named witness stated that the deceased was between forty and forty-five years old. and that he was a native of Crao [sic] Orchard, Kentucky. The second witness testified that she heard a splash in the water at two o'clock on Sunday morning--thought it was the deceased, woke her husband, and that an unsuccessful search was made for him. The body was found the next day. The jury returned a verdict in accordance with the facts.

MISSING.--A ranchman named Gregory, who resided on the Yolo side of the Sacramento river, nine miles below the city, was taken from the top of his house by the steamer Antelope on Saturday night, and brought to this city. Before the water had risen so high, his wife, daughter and son-in-law had embarked in a skiff, with the hope of reaching some point of safety, the boat being too smail to carry all four of the family. The skiff and passengers have not yet been heard from. Fears are of course entertained that they have been lost. We are also informed that a man named Donelly, who lived south of the American river, and a man named Reed, who lived between the slough and the river, west of Sixth street, are missing.

PRACTICAL EFFORT.--Martin Rancich, who resides on Fifth street, between I and J streets, was, on the occasion of the late flood, driven for safety to the roof of his house. He there erected his cooking apparatus and cooked soup and provisions enough to send around to a large number of his friends who were not provided with the means of cooking. A number of his Italian and Portuguese friends came in from the country, driven from their ranches by the high water. He accommodated on his and on neighboring premises some eighteen or twenty of these with comfortable lodgings.

A BRANCH NEEDED.--Communication with the Pavilion is cat off, except by water. There are, doubtless, many men in the city who are without the means of buying a meal's victuals. L. Harris, at the county jail, has been pretty thoroughly eaten out within the past two days. Why should not the Howard Benevolent Society furnish the material and make an arrangement for furnishing meals from the station house for a few days to those who are in need? The location is a good one, and if the plan don't work well it can be suspended.

CLOSED UP.--During the past few days stores, saloons and business places of all descriptions have been closed. The only two drug stores kept open were those of J. Gates & Brother. The only saloons were those in which liquors could be offered for sale up stairs. The cutting off of the supply of liquor was unquestionably fortunate, as there would have most likely been many lives lost through drunkenness. Yesterday afternoon many stores, etc., were opened and the work of cleaning out was commenced.

DEAD BODIES FOUND.--Information was received yesterday by officers of the Howard Benevolent Society that five dead bodies had been found on the north side of the American, near Hugh Larue's residence on Norris' Ranch. Coroner Reeves started at about noon to take charge of the bodies, but returned in the evening, having been unable to get across the river. We are informed that three of the bodies were found together, and the other two were at a different locality.

SEALED PROPOSALS.--The man who stole the reportorial skiff from in front of the UNION office on Sunday evening, is requested to send in to the local reporter sealed proposals for carrying him around in it through the flooded district for the balance of the season. No bond that he will not steal red hot stoves will be required of him, as it is not presumed that there can be many of them found at this time to present him with temptation.

SERENADING.--On Sunday evening the bright moonlight upon the waters in the city prompted some who had music in their souls to let some of it forth for the common benefit. Oue party of ladies and gentlemen, consisting of about twenty persons, filling five boats, made excellent melody in various portions of the city, singing patriotic and other pieces, to the great gratification of those who were so fortunate as to hear them.

WILL REBUILD.--Edward Stockton, of the firm of Stockton & Coover, of Folsom, passed through the city yesterday to San Francisco. He goes down for the purpose of making arrangements to build a new flouring mill in place of that which has just been destroyed by the flood. They design to erect a stone building, sixty feet square and four stories high, on a location twelve feet above the high water mark of the present season.

RELIEF FOR THE COUNTRY.--Three Whitehall boats which came up on Sunday on the Nevada were dispatched by the Howard Benevolent Society yesterday morning down the east bank of the Sacramento. Each boat was manned by two men and four oars, and was well freighted with provisions. Their directions were to separate and visit all portions of the flooded district practical, leaving provisions and giving such other relief as might be required.

CARRIED OFF.--The houses of ----- Krouse and ----- Neal, of Sutterville, are reported to have been carried away by the late flood.

LEAVING.--Three steamers left for San Francisco yesterday, each carrying a large number of passengers. The Cornelia, which came up on Sunday night with provisions for the sufferers by the flood, left at ten o'clock in the morning. The Antelope left at two o'clock and the Nevada at about four o'clock, having been induced to remain until that hour to take down the members of the Legislature, in case they should decide to abandon Sacramento. As they did not, she went down without them. . . .

THE SLOUGH LEVEE.--The Committee of Safety succeeded on Sunday evening in closing up the most of the openings on the eastern boundary of the slough on Sixth street. There were several other gaps around the bend on the north which still remained open. The water in the slough is at least three feet above that of the city at these points.

PROVISIONS RECEIVED.--A large quantity of cooked provisions brought up from San Francisco by the steamers Nevada and Cornelia, were delivered yesterday to the Agents of the Howard Benevolent Society. Before removing them from the levee rations were given out to a large number of hungry men.

REMOVAL OF GRAIN.--Campbell & Sweeney had a large number of hands engaged yesterday in removing grain from their warehouse. The sloop America was freighted with thirty tons of it for San Francisco. Its removal is rendered necessary by the falling of a portion of wall of the storehouse.

DISGUSTINGLY DRY.--It was a matter of complaint with some folks yesterday that the streets were becoming disgustingly dry. The water had vacated J street so far that navigation with boats was entirely impossible--the only mode of getting along being to wade through the mud.

THE HIGHT OF WATER.--At sunset last evening the Sacramento had fallen nine inches within twenty-four hours, and stood at 22 feet 9 inches above low water mark. In the city the water had fallen about one foot in the same period, or about four feet since Friday night. It was nearly off of J and K streets.

LOSS OF STOCK.--J. W. Richmond, on Eighteenth street, near R, is reported to have lost forty cows by the late flood. W. N. Brainard, in the same neighborhood, lost thirty head. Both parties were engaged in the milk business. . . .

Sacramento Daily Union, Volume 22, Number 3369, 15 January 1862, p. 1


TUESDAY, Jan. 14, 1862. The House met at eleven o'clock. . . .

Mr. FERGUSON said he rose to a question of privilege, and stated that he found himself and many others incorrectly reported in the Sacramento UNION of this morning in the vote by ayes and noes on the question of reconsidering the vote on Senate Concurrent Resolution No 9.

Several other members made similar statements.

Mr. O'BRIEN said he was requested by the reporter for the UNION to state that the mistake occurred inadvertently. In the haste of transcribing his notes for the press, he accidentally inserted the slip containing the detailed vote on his (Mr. O'Brien's) motion to suspend the rules in order to take up the resolution offered by Mr. Shannon to adjourn the Legislature till Tueiday, the 21st instant, and it was the vote on that motion which was printed where the vote on the reconsideratlon should have been given.

Mr. WARWICK said this was one of those inadvertencies which must occur at times in spite of the utmost care.

Mr. LOVE said he, too, was among those whose names were reported wrong in this connection, but he would raise no question of privilege upon it; and after this explanation be hoped the time or the House would not be taken up rurther with questions of privilege on the subject. The matter would all be corrected in the UNION to-morrow morning, and they could afford to wait one day. . . .

Leave of absence was also requested for Mr. Teegarden.

Mr. CUNNARD said he must object, because Mr. Teegarden had voted unanimously to have the Legislature remain here, and had now himself "vamosed the ranch."

Mr. SEARS inquired the reason for asking leave or absence.

Mr. SARGENT said the reason was that the high water was all around the gentleman's house, and he thought it neceaaary to go and protect his property.

Leave of absence was granted by a vote of ayes 46, noes not counted. . . .


Mr. JACKSON offered the following:

Resolved, That the thanks of this Assembly are hereby tendered to Commodore Clayton [the Sergeant-at-Arms] for his gallant and meritorious service as commander of the Legislative fleet during the late flood.

Mr. BENTON moved to refer the resolution to Assistant Commodore Reed.

A MEMBEER moved to refer it to the Committee on Commerce and Navigation.

Mr. DUDLEY of Placer suggested that it should go to the Committee on Swamp aud Overflowed Lands.

The subject was finally laid on the table. . . .


The House took up the Senate message, and considered as first in order, Senate Concurent Resolution, No. 10, relating to adjournment until January 21st.

Mr. EAGAR said he would move that the House concur. He desired to give the people of Sacramento an opportunity to fix up this town, so that they could live in it; to give the Sergeant-at-Arms time to get the mud out of Committee rooms, so that they could do business in them, and to give the hotel keepers an opportunity to prepare their hotels so as to make them habitable.

Mr. COLLINS moved to amend the resolution by adding: "Provided, that the members and attaches of the Legislature shall not be entitled to pay during the period of this adjournment." He offered this resolution in good faith, but would candidly say, that if it were adopted, he would, nevertheless, vote against the resolution for adjournment, if they must adjourn, however, they ought not to adjourn at the expense of the State. He had voted steadily against the temporary removal of the Legislature, because he thought it would not only be possible, but probable that they could go foward [sic] here and at once with their business. If he had thought they could not go to work here, he would have voted to go at once to San Francisco, and hoped all those who voted against the removal, would be so consistent as to vote against this resolution. He had said by his vote, that it was possible to go on with thelr legislative work here, and a vote of aye on this resolution would give the lie to that vote. If they voted to adjourn for ten days now it would be understood by every one to be an admission that Sacramento was in such a condition as to be unfit for the business of the State. His wife was visiting at Stockton, and he would be very glad of an adjournment which would enable him to go there too, but it was his first duty to do all he could towards making this a short and economical session. That was the way to redeem the pledges of retrenchment and reform that they had all made to the people. To adjourn for ten days would cost the State fifteen thousand dollars, and that would not make a good showing upon the r record [sic]. They ought to husband well all the resources of the State, if for no other reason than that they might be able to make an appropriation for the defense of their common country in this time of her peril and need.

Mr. DUDLEY of Placer proposed the following as a substitute for the resolution:

Resolved, by the Assembly, the Senate concurring--That when this Legislature adjourns to-day it adjourn to meet at the Capitol of the State on the first Monday in April next, and that during the interim the members and attaches shall receive no per diem or pay.

Mr. DUDLEY said he had been unable to express his views while the subject of temporary removal was before the House, havirg failed to obtain the floor for that purpose. He now offered this resolution in good faith. He had voted peristently [sic] and conscientiously against the temporary removal, not doubting the right of the Legislature to remove by concurrent resolutlon, but believing that, notwithstandlng the submerged streets it would be better to remain here than to undertake to legislate elsewhere under all the inconveniences and difficulties which had been pointed out by his friend from Sacramento (Mr. Ferguson). There would also be a question about the validity of the laws passed and although he believed they would be valid, still vexatious and expensive litigation might arise on the subject, which had better be avoided. He yesterday voted fcr the reconsideration, but he did so, as he stated then simply for the purpose of offering as an amendment the resolution he had now propoaed. It must be conceeded that the city of Sacramento was not at present a fit place for the Legislature. The hacking coughs and trembling voices of members around him attested that fact. He believed, therefore, it would be sound policy for the Legislature to adjourn to a time when they might meet here safely and comfortably.

Mr. SHANNON said there were several questions of order properly growing out of the subject matter before the House. The consideration of the substitute should not be entered upon at all until the amendment was disposed of. He might denominate the gentleman from Nevada (Mr. Colllns) an oracle of retrenchment and reform, but he would remind him and others that professions of retrenchment and reform always abunded [sic] in the early part of a session, but at the close of the session they could test with mathematical precision the sincerity of those professions, and decide exactly how many of them were attributable to buncombe. The true test was to practice retrenchment and reform in the beginning, middle and end of the session. But as to that amendment he rose to a question of order, namely, that the law prescribed the amount per diem due each member and attache, and that no resolution or amendment could prevent their drawing that amount for every day from the commencement to the close of the session. Therefore, the gentleman had offered this amendment either in ignorance or as a matter of buncombe. The people of the State did not wish their representatives to serve without pay; and if, in consequence of the present condition of the city, they found it necessary to adjourn for a week, they would be unworthy [of?] their places if they proposed to do it without pay. He hoped the amendment would be ruled out of order, and the resolution passed to adjourn the Legislature for a week.

The SPEAKER said he ruled the amendment out of order, not only for the reasons suggested, but because it presented a question in the form of an alternative without providing any way for solving or determining the alternative.

Mr. TILTON of San Francisco said he thought from the way the debate had set in, there was a prospect of its consuming as much time as did the debate of yesterday. No good could result from further debating this question, and as they had other business to attend to he demanded the previous question.

The previous question waa sustained.

The substltute proposed by Mr. DUDLEY of Placer having been read, the SPEAKER decided that it was out of order.

The question then being on adopting the Senate resolution, Messrs. AVERY, EAGAR and PRINTY demanded the ayes and noes.

Mr. AVERY, in explanation of his vote, said he should vote no because the House decided yesterday, in refusing to remove temporarily to San Francisco, that the Legislature could go on with its business properly here, and he yielded to the decision of the House. He was governed by motives of economy then, and he was governed by the same motives now.

Mr. PRINTY said he should vote no because the State was paying him for his time.

Mr. REED said he voted yesterday in accordance with his convictions or duty to the whole State, and he thought the same rule would govern him now in voting aye.

Mr. SEARS made a very similar explanation, In voting no, and declared that he felt bound to remain at his post of duty.

Mr. SMITH of Sierra, said there were many members who must go home to look after their property which had been overwhelmed by the flood, and for the purpose of affording them that opportunity he would vote aye.

Mr. ZUCK said he voted to remain here simply because he believed the Legislature could now go on with its business here.

Mr. PORTER said he desired to stay here if there was any prospect of doing business, but he knew there was a determination on the part of a great many members to leave whether the adjournment was carried or not, and under all the circumstances he would vote aye.

Mr. CUNNARD said he would vote aye to-day as he did yesterday on the proposition of temporary removal of the Legislature, and he considered the vote of the Sacramento delegation in favor of this resolution as an indorsement of the vote he gave yesterday.

The following was the result or the vote:

Ayes--Ames, Barton of Sacramcento [sic], Barton of San Bernardino, Benton, Brown, Campbell, Cunnard, Davis, Dean, Dennis, Dow, Dudley of Solano, Eagar, Eliason, Fay, Ferguson, Frasier, Griswold, Hoag, Hoffman, Irwin, Jackson, Kendall, Lane, Matthews, McAllister, Maclay, Moore, Morrison, O'Brien, Parker, Pemberton, Porter, Reed, Reese, Reeve, Sargent, Saul, Shannon, Smith of Fresno, Smith of Sierra, Thompson of Tehama, Thornbury, Tilton of San Francisco, Warwick, Watson, Werk, Woodman, Wright--49.

Noes--Amerige, Avery, Bell, Bigelow, Cot, Collins, Dana, Dudley of Placer, Evey, Hillyer, Leach, Loewy, Love, Machin, McCullough, Meyers, Printy, Sears, Seaton. Thompson of San Joaquin, Waddell, Yule, Zuck --28.

So the resolution was adopted in concurrence.

Mr. SHANNON moved to suspend Rule 57, so as to enable him to move a reconsideration at present, to prevent any person from keeping the subject open until to-morrow by a notice of reconsideration.

Mr. COLLINS opposed the motion, and said he thought before the end of the session the gentleman from Plumas (Mr. Shannon) would find there was but little buncombe about him. He would be for retrenchment and reform at the beginning, middle and end of the session; and he thought the charge of buncombe might very well be made in quite another quarter.

Mr. SHANNON said on examination he found that even if the notice were given it could only come up at the next sitting or the House, and he would withdraw his motion as unnecessary, and move instead that the Clerk inform the Senate immediately of the concurrence of the House in the resolution.

The latter motion prevailed. . . .


The House took up Senate bill No. 6--An Act to transfer certain funds. The bill having been read twice-- . . . .

Mr. SAUL said he was opposed to the passage of the bill in its present form. It was true that the members needed money, but he was a representative from the swamp lands, and all he had in the world was under water or had floated away on the top of the water. A great many of his constituents were in the same fix. If this was a first step toward breaking up the Swamp Land Commission, and scattering its funds to the winds, he was opposed to it in the commencement. He was ready to vote to appropriate $60,000 from that fund, but he wanted to provide that it should only be paid to members and attaches of the Legislature, for those who were holding office for two years could afford to wait, or live upon credit until the money came into the Geneneral Fund. He would offer an amendment to that effect.

The SPEAKER said the amendment would not be in order, as the bill had gone beyond the amendable stage.

The question was taken by voice on the passage of the bill, and it was passed. . . .

Mr. TILTON renewed his motion to adjourn, which was carried.

Accordingly, at one and a quarter o'clock the House waa declared adjourned until Tuesday, January 21st, at eleven o'clock, A. M.

CORRECTIONS.--By a disastrous blunder in our report of the Legislative proceedings of Monday the wrong list of ayes and noes was printed as the vote or the House on the question of reconsidering the vote rejecting the Senate resolution to adjourn the Legislature to San Francisco. The following is the correct vote on the question of reconsideration:

Ayes--Ames, Avery, Barton of San Bernardino, Battles, Brown, Cunnard, Cot, Dana, Dow. Dudley of Placer, Eagar, Evey, Fay, Hoffman. Jackson, Lane, Loewy, Love, Matthews, Maclay, McCullough, Meyers. Moore, Printy, Reed, Sargent. Sears, Thornbury, Werk, Wright, Zuck, Mr. Speaker--33.

Noes--Barton of Sacramento, Bell, Benton, Bigelow. Campbell, Collins, Davis, Dean, Dennis, Dudley of Solano, Eliasen, Ferguson, Frasier, Griswold, Hillyer. Hoag, Irwin, Kendall,. Machin, McAllister, Morrison, O'Brlen, Parker, Pemberton. Porter, Reeves, Saul, Seaton, Smith of Fresno, Smith of Sierra, Teegarden, Thompson of Tehama, Thompson of San Joaquin, Van Zandt, Waddell, Warwick, Watson, Woodman, Yule--39.

The manner in which the mistake occurred was correctly explained to the House by Mr. O'Brien, in behalf of our reporter, as will be noticed in the report of yesterday's proceedings. Fortunately, the error was of such a nature that no one of intelligence could be misled by it, after reading the report or the day's debate, which culminated in the vote then taken. By another inadvertence, Mr. Dean was erroneously reported as classing himself among the Republicans. In the report of Saturday's proceedings the following paragraph occurred: "Messrs. O'Brien, Jackson and Printy demanded the previous question on the motion for the previous question." It should read "demanded the ayes and noes on the motion for the previous question." Mr. Reeve requests us to state that it was not he but Mr. Reed who obtained indefinite leave of abaence on Monday.

DONATIONS FROM SAN FRANCISCO.--In addition to the names of those generous donors to whom reference was made in the UNION yesterday, as having made contributions to the sufferers by the flood in Sacramento, we would also mention the following parties: Eugene L. Sullivan, Rodgers & Meyer, A. Wilhelm, Greene's restaurant, Clipper restaurant, Captain Garwood, Wener & Prinz, McDonald & Co., Bank Exchange, J. H. McDonald, P. Staunton, J. J. Haley, Dodge & Austin, Maston & Smiley, Nash & Taylor, Pacific Bakery, Butler & Cheney, William Blossom, R. G. Sneath, O. B. Crary, P. Sather; Zinn, Carf & Stein; River Lovell, J. Donahoe, Heildebrand & Shultz, First Unitarian Church, American Theater, Gilbert's Melodeon, Maguire's Opera House, Metropolitan Theater, National Theater, Bella Union, J. C. Birdseye, W. T. Thompson, Epes Ellery, H. H. Bancroft, A. Doolit, Fred. Schell, F. Shattuck, Hertz, A. Pfaff and Lena Pfaff, L. T. Lander, Bernheim, Castle Market, Dale & Co., Revere, Mrs. Turner, W. Meyer & Co., Wilson, corner Second and Folsom; Mrs. Gen. Wright, Mrs. Robertson, Mrs. John Parrott, Mrs. Dr. Keenan. The Howard Benevolent Society will doubtless, by and by, make a full mention of the names of all donors who have contributed in their behalf, with a statement of the particular amounts received. The Bulletin of January 13th, says :

We are informed that it is the intention of the Committee to petition the Legislature for an appropriation of twenty thousand dollars for the relief of the Sacramento sufferers. Yesterday between forty and fifty tons went up, which is sufficient to last for two or three days. Meantime, the many tons of cooked and uncooked provisions that have accumulated at Music Hall will remain there until the Committee ascertain from the Howard Benevolent Society whether the sufferers will come down and receive a sympathizing welcome here, or whether they prefer to have the supplies sent up to Sacramento. The Reception Committee appointed at the Music Hall meeting yesterday are still actively at work. Many of those who came down on Saturday's boat have received food and clothing from the Hall to-day, but the contributions of raiment and provisions come in so rapidly and generously that the larders of the restaurant in the basement of the Hall are yet full to overflowing, and the clothing shop on the speaker's stand is always in receipt of fresh goods.

Platt's building, (Music Hall,) with its spacious upper and lower and basement halls, has been generously loaned to the Committee for the reception of the destitute. A large stove has been placed in the principal hall.

Below, in the basement, four long tables are loaded with "eatables," and 1,000 persons can sit there and dine at once.

George Gordon has kindly offered the Committee the use of his Sugar Refinery warehouse (well warmed with steam pipes.)

THE REMOVAL QUESTION.--The Alta strongly rebukes the late action favored by the representatives from San Francisco for the temporary removal of the State Capital. It says:

We are sorry to see that a movement was made in the Legislature yesterday for the removal of the seat of Government, even temporarily. The people of San Francisco are emphatically opposed to any such proceeding, and they hope that their representatives will do all in their power to prevent the consummation of any such act. We know full well that great inconvenience attends a residence in Sacramento just now, but, if such inconvenience is too much for our legislators, let them adjourn for a week or so--go where they desire, and draw their pay for doing nothing, if they please.

Under the circumstances, we are not in favor of even a temporary adjournment to this city. In a week or so, things will be tolerably comfortable again. There is a prospect at length of fine weather. If there is anything for which the people of Sacramento are remarkable, it is their indomitable energy. As soon as the waters subside they will get their city in order again, let there be no removal.

p. 2


Our news columns to-day give a tolerably definite idea of the extent and character of the late flood in a portion of the State from which we have received reliable intelligence. The amount of the damage which has been sustained can scarcely be exaggerated. We learn by parties who recently passed over the Sierras, that the storm in the mountains was very severe. The rains poured down in torrents, causing some fearful slides of snow, land and rocks, which have largely obstructed the road, and will interfere with travel to a considerable extent.

We are without telegraphic intelligence from points in the State, or from the East.

The water in the city fell yesterday about eight inches. The Sacramento decreased about three inches, and the American at Rabel's Tannery about three feet for the last two days. The steamer Anna was dispatched yesterday by the Howard Benevolent Society down the river, to take cattle off the banks of the river, where they are reported to be perishing. The Goodman Castle will be sent down to-day.

The American river was navigated again yesterday by the steamers Defiance and Governor Dana to a point above Patterson's.

An inquest was held yesterday near Norris' ranch on the bodies of three Chinamen which were found drowned in that vicinity. . . .

LET HIM HAVE RELIEF.--During the debate in the Senate, on Saturday, upon a resolution to authorize the Sergeant-at-Arms to procure boats for the use of Senators, during the flood, a wail was sent up by a very nice little gentleman from San Francisco, which should not pass unnoticed. Some steps should be taken to ascertain whether that Senator has yet found the relief demanded by him in such woful tones. The report says that Mr. Perkins used the following language:

I can't live on bread and cheese. I have for the last day had nothing for breakfast, dinner and supper but that same article.

Now, some action ought to be had upon this matter. Who knows but this luckless Senator is still suffering for the want of some delicacy of the season, which might be had at San Francisco? It will not do to pass the matter over with a laugh, for something serious may come of it. If the cheese is of the "white oak " variety, time alone can tell the effect it may have. We seriously hope that the diet of the dapper gentleman from San Francisco has been changed before this. Bread and cheese is very good for those who like it. We all remember that stately poem by Mother Goose, which commences thus:

When I was a little boy
I lived by myself;
And all the bread and cheese I got,
I laid upon the shelf.

But "what is one man's meat is another man's poison;" and if Mr. Perkins is not fond of bread and cheese, he has a right to be provided with something more to his liking, and in default of such provision, the Capital should be removed. Let this be attended to.

But the gentleman had other things to distress him. As though bread and cheese were not enough to drive him to despair, horrors upon horrors accumulated upon him, and thus he cries out:
Absolutely I cannot get out to perform the business that nature demands with any decency at all. Suppose a man to be called on in the Senate here, where is he to go? Why he has to go and call for a boat. Nature demands relief, and he wants a boat! What a position for the Senate of California to be in! Now the Senator wants to adjourn until Wednesday--and what am I going to do until Wednesday, with water six feet deep all around my boarding house?

A MEMBER--[To Mr. P.] Do you want a boat?

Mr. Perkins--No; I do not want a boat now. * * * * I am not going away from this Capitol. If we are compelled to stay here I am going to remain in this Capitol and send for my bread and cheese.
Can any one tell whether the honorable Senator's wants have been attended to? Is he to be compelled forever to be idle when business is to be done? Has human ingenuity furnished no appliances whereby. Mr. Perkins can extricate himself from the awful position he was in on Saturday, and from which we have no intelligence of his having been relieved ? If he would only inform the Legislature of the nature of the relief demanded, something would be done we feel sure. If the Third House would take the case under consideration, a relief bill might be passed, and its passage would perhaps put the San Francisco Senator in better humor. We learn that a movement is on foot to present him with a suitable testimonial, which shall convince him that our good citizens are not unmindful of his wants. This we mention, in order that he may be prepared to receive it in a becoming manner. . . .

DAMAGE IN THE INTERIOR.--It is stated by parties who have arrived here from the Mokelumne, that both Dr. Soher's bridge at Big Bar, and the Middle Bar bridge were carried away by the late flood; also that Hayward's valuable quartz mill on Sutter Creek has been entirely destroyed. . . .

OFFICE AT PATTERSON.--A telegraphic operator left the city yesterday in the steamer Defiance for the purpose of establishing a telegraphic office at Patterson.


It must be admitted that the Legislature has made a bad beginning. . . . These preliminaries having been settled, a scheme for the removal of the Capital from Sacramento, which had been in existence for weeks, was precipitated upon the Legislature upon the pretext furnished by the disastrous flood of Friday last. We say the scheme was coolly projected long before the session, and that the late inundation only added to the number of its supporters. True, it was pretended that the removal was to be but temporary, but men of sense, who are accustomed to see unpopular ends attained by slow degrees, know well enough that some of the friends of the "temporary removal" dodge hoped to be able to moor the Legislature permanently at the point selected for present convenience. The plan failed, thanks to the Assembly, and the old fashion of putting the Capital on wheels was not revived. The defeat of the movement was the signal for sundry exhibitions of frivolity and ill humor, which were no credit to the Senate.

The flood, distressing as it was to members, did not cause them to forget the question of per diem. The collapsed condition of the General Fund was an ever present subject of reflection with some, and the shining pile in the Swamp and Overflowed Land Fund loomed up mountain high to their mental vision. So far as a vote of both Houses can do it, sixty-eight thousand dollars of the latter fund has been ordered into the General Fund, and if the Governor signs the bill, that amount of money will rapidly disappear in the payment of those who have no just claims upon it whatsoever.

But a majority of our legislators seem more anxious to draw pay than to earn it. Yesterday, by a concurrent vote, both Houses adjourned for a week. There was no possible need of this. It is a piece of reckless extravagance, and must have been mainly prompted by a desire on the part of members to have a good time. The main thoroughfares of the city are now in a passable condition for pedestrians, and in twenty-four hours more, if the weather continues pleasant, the sidewalks and crossings will generally be pretty free from mud. Why should Senators and Members turn their backs upon the public business for a whole week, at an expense to the State of from eight to ten thousand dollars? One member said he wanted to give men a chance to go to their homes and look after their property damaged by the flood. If leave of absence had been granted in all necessary cases of this kind, we are of the opinion that neither House would have been thereby materially thinned out. The adjournment was evidently had because the mud here was unpleasant, and because a trip to San Francisco is just now considered the thing. It is safe to assert that a majority of both houses are now in San Francisco, having a good time at the expense of the people. One thing is certain, and that is that the San Francisco Senators and Members who voted for an adjournment to that city will meet with no very hearty welcome from their constituents ; for the large-hearted people of that city are indignant at the effort made, in the midst of our disasters, to injure Sacramento by the agitation of the Capital question.

It has been said that a bad beginning makes a good end; let us hope that this may prove to be the case with our Legislature, and that when business is resumed on next Tuesday, there will be some evidence of a serious intention to look to the interests of the State rather than to personal convenience, or pleasure.

HOWARD ASSOCIATION.--The Society were in receipt of sixteen packages from San Francisco by the boat of Monday night. Captain Callogan, of the ship Storm King, came up on the Chrysopolis with his ship's launch and boat crew, ready to aid in any manner. The San Francisco relief boats, dispatched on Monday morning, have been heard from, one having saved much of the property of a citizen below Sutterville, putting two fine mules in the parlor, leaving plenty of hay and grain, and placing the family on the down boat. Another rescued three families and reached the river in time to meet the boat going down, and returned to continue their errand of mercy. The stern wheel steamer Goodman Castle will be dispatched at ten A. M. to-day with a flatboat that will hold two hundred head of stock, to save all possible and place them on high ground. Other boats will be sent soon as they can be fitted out. At a late hour the boat sent to the pocket around Sutton's, with provisions, had not returned, and evidences that it found much to do. During the day the relief boats have been constantly occupied in dispensing provisions at houses still submerged, and at the different stations. At the Pavilion, though many leave as the waters pass off the streets north of K, yet the number does not diminish--those who had temporary shelter in two story buildings now seek the hospitalities of the Society.

A child of Mr. Vandernash died yesterday at the Pavilion, and will be buried at three o'clock P. M. This family has been severely afflicted, six children all now ill, and one not expected to live through the night. Everything that medical skill and careful nursing could do has been rendered.

Much difficulty will be experienced in obtaining small buildings suitable for families, and all who have rooms to rent in suitable locations should inform the officers of the Association.

AN INCIDENT IN THE LATE FLOOD.--San Francisco Herald, referring to the late flood, gives the following incident:

When the Chrysopolis reached the ranch of Judge Read, some ten miles below Sacramento, a touching scene was witnessed on the upper balcony of the house. The ladies and children of the family stood in a row, each waving a signal of distress, while a servant blew a horn to attract attention. Immediately he perceived their condition, Captain Chadwick stopped his steamer and sent a small boat to their rescue. It was found that every article of property had been swept away. The ladies and children, with their heads uncovered and their hair streaming in the wind, were at length safely put on board, and tears rolled down the cheeks of many of the spectators. The mother was the last to get on deck, and as she saw her children safe around her, her long pent up agony broke forth in a cry of joy and gratitude to Heaven so wild and piercing that it can never be forgotten by many of those who had the painful necessity of hearing it. Three other famlies were at the same time being rescued by the commander of the Nevada some half a mile below this ranch. The water in the river was then rising at the rate of four inches an hour, and it is easy to see that if the flood continued to increase at this rate for even four hours every household along the whole line of the river must have either been drowned or compelled to save themselves in small boats or on rafts. . . .

SNOW IN SHASTA.--In Shasta on Saturday night, January 4th, the snow fell to the depth of one foot . . .

LATE FROM THE NORTH.--by the Cortes, which arrived at San Francisco January 12th, we have advices from Victoria to January 6th. The Columbia river being frozen over no late news was received from Portland. We append the following intelligence from the British Colonist of January 6th:

From Levi, of the firm of Levi & Boas, New Westminster, who arrived here by the Otter on Saturday night last, we have received some late intelligence from Cariboo. Levi, with others, left the forks of Quesnelle river on the 1st of last month, came down by the river trail, and was twenty-four days in reaching New Westminster. The Brigade trail is choked with snow and is impassable. A thermometer at the Forks on the morning of the 1st December stood 18 degrees below zero, and at Beaver Lake, on the following day, 27 degrees below zero. Snow lay on the ground to the depth of three feet. All the trails were impassable for animals and our informant and his party footed it to Lillooet. In the diggings nothing was doing. The snow was very deep on Antler creek, where 25 men are wintering. At the Forks there are about 150 men. The total number of persons in the whole country will not reach 200.

The steamer Otter arrived at Victoria Jan. 4th from New Westminster, bringing a few passengers and an inconsiderable amount of treasure. A great deal of floating ice, says the Colonist, was encountered in the river between its mouth and New Westminster, and both the Harrison and Fraser rivers were reported to be frozen over. The weather had been very severe, and there was no connection with any of the towns above New Westminster. . . .

FATAL ACCIDENT IN SHASTA.--A correspondent of the UNION, writing from Shasta, January 11th, thus refers to a melancholy occurrence:

A. J. Reid, one of the Supervisors of this county, was drowned yesterday, as follows: He was one of the owners of Reid's Ferry, on the Sacramento river. The river was very high and rising. He attempted, with a Mexican named Jose and an Indian, to cross from the side of the river on which his house stands to the opposite one, for the purpose of raising the ferry rope out of the water. .When about two-thirds of the way across, the current carried them down against the rope, which capsized the boat. Reid was drowned, and it is supposed the Mexican was, as he has not been seen since. The Indian got out.

Monroe Reid, now at Virginia City and late of your city, is a brother of deceased; also E. A. Reid , of this county, but now in the Humboldt mines. The deceased was formerly from Pike county, Illinois.

LEGISLATIVE ERROR.-- An error inadvertently occurred in our Legislative proceedings yesterday, which is alluded to elsewhere. It is very unfortunate that a mistake should happen in the UNION's report, for members are sure to rise to a question of privilege, whereas if a similar error should take place in the columns of our little neighbor over the way it is regarded by our Legislators as of no sort of consequence whatever, as Toots would say.

WRECKED VESSELS.--The Peruvian schooner Efin A. Kniper, loaded with 337,000 pounds of sugar, on her way from Peru to San Francisco, was blown ashore at Half Moon Bay, just south of Point San Pedro, on the night ot the 10th January, and is likely to prove a total loss. Her cargo is insured.

The Captain of the Efin A. Kniper states that a bark is ashore about ten miles below where the Efin A. Kniper was wrecked. . . .

DROWNED IN SONOMA.--Mrs. Roane, the wife of a shoemaker residing at Sonoma, was found drowned on the afternoon of the 28th December, in a creek near her residence. Deceased was sixty years of age. . . .

Flood, near Camp Union, three barrels and one half barrel TALLOW. For Information, direct letter to JOHN SHEA, Sacramento Post Office. ja15-1t* . . .

one box of NITRIC ACID. The owner can obtain the same at the OLD SACRAMENTO THEATER. ja15-1t* . . . .

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THE STEAMER ANNA.--The steamer Anna, Captain Truworthy, on her last upward trip to Sacramento, took off from the tops of houses and other perilous positions a large number of men, women and children. In many instances they were reached with the greatest difficulty, it being almost impracticable to get to them with small boats. In one or two instances men were taken from trees. As a general thing they had no means of obtaining food. When on the steamer, they were of course well taken care of. The captain devoted much time and effort in this good work. He reports that there are thousands of cattle and horses on the banks of the river--some on knolls, and some partially submerged, perishing for want of food. Wherever men remain at their ranches they were anxious to have the steamer go back for their stock. At about noon yesterday the captain started down the river again with barges, to do what he could in that line. The Goodman Castle will go to-day under the direction of the Howard Benevolent Society, with barges and men ready for service. There is said to be work for three or four steamers for several days. It is impracticable for some of the large steamers, on the Yolo side, belonging to the Steam Navigation Company to be sent down to save for those who have met with such great disaster, the remnants of the general wreck.

RUMORED DROWNING.--There were rumors on the street yesterday afternoon, that three men had been drowned, in the forenoon, at the crevasse below R street, by the upsetting of a boat, and that A. T. Nelson, saddler, on K street near 4th, was one of them. There was no truth in the report, so far as Nelson and his companions were concerned, although it appears to be possible that such a disaster may have happened to another party of equal numbers. Nelson and two others started from the levee in a boat and went down and through the crevasse successfully. We are informed by a gentleman who was at the foot of R street about noon, that he was told by a German who was on the railroad embankment at the time, that he saw a boat containing three men upset, and that all were drowned. A small boy in the neighborhood makes a similar statement. Their description of the boat does not apply to that in which Nelson and party went through. It should be borne in mind by inexperienced boatmen, boys, etc. that it is very dangerous to approach this opening, from the river side. The power of the descending current is very great but cannot be correctly estimated until too late. The steamer Anna, Capt. Truworthy, came near being carried through it and saved himself only by getting out a line and making fast to the bank.

A GENERAL MUSS.--A considerable muss occurred at about half-past four o'clock last evening on Front street, below L. Reed & Herrick had constructed a gangway across the street, and were engaged in removing grain on trucks from their store to one of the steamers on the levee. Two wagons made their appearance for the purpose of going to Carpenter's building to remove furniture, etc , stored in it. They could not pass on account of the gangway. Reed & Herrick refused to remove it. The teamsters and those who employed them insisted upon the right of way. The teamsters claimed their right to get through on their own business. The grain men claimed that they were in a great hurry with their grain. One teamster attempted to remove the planks. He was repulsed several times and pushed into the mud. Considerable hard talk ensued, and time enough was spent for twenty teams to pass and repass, when officer McIntosh was called and removed the gangway and allowed the teams to pass.

CORONER'S INQUESTS.--Coroner Reeves left the city yesterday on board the steamer Defiance to take charge of the dead bodies reported to have been found on Norris' ranch. It was understood on Tuesday that five bodies had been found, and yesterday the number had increased to eleven. The Coroner on arriving on the ground found but three, all being the bodies of deceased Chinamen. In one case W. Waldron, D. Morton, Isaac Watson, Joseph Waldron, Albert E. Lockhart and George A. Lockhart served as jurors. Peter Pedro testified that at about one o'clock on Tuesday he discovered the body afloat among the drift, that it was entirely nude, with the exception of a belt to which was attached a small key, and that deceased appeared to have been dead about three or four weeks. The jury returned a verdict that the deceased had probably been drowned. The facts and circumstances in the other two cases were quite similar to those in the above named.

A GENEROUS PROFFER.--Captain Gallaghan of the clipper ship Storm King, came up from San Francisco on Tuesday night on the Antelope, with a fine boat and crew, the services of which were tendered to the Howard Benevolent Society. As there was deemed to be no present necessity for the service of the boat, the tender was declined. The generous impulse which prompted this practical proffer is duly appreciated by Sacramentans. We incline to think that between this point and the bay, on both sides of the river, there might be a much larger number of boats employed to great advantage than have been sent out. There are thousands of houses partially submerged, which must not be many miles from land. How many of the men, women and children who occupied them a few weeks ago have been able to escape from them with any facilities at their disposal?

THE SEVENTH STREET CREVASSE.--On the north levee, opposite Seventh street, the water has been running into the city from the slough for several days. On Tuesday afternoon, W. Turton, with a gang of men, expended considerable work to close the breach, but had not material on hand sufficient to complete the job. Yesterday afternoon the work was again resumed under the supervision of E. P. Figg and W. F. Knox. The current was partially checked, but, from a deficiency of gunny sacks or some other cause, the work was not completed. The effect of the running stream is to keep much more water in that portion of the town than would remain there from the backing np from below.

RESOLUTION OF THANKS.--A meeting of the guests of the Golden Eagle Hotel was held in the parlor yesterday, at which T. B. Shannon of Plumas was elected President, and S. B. Bell Secretary. On the report of a Committee appointed for the purpose, the following resolution was adopted: "Resolved that we hereby most cordially and gratefully return our sincere thanks to Tubbs & Potter, the proprietors of the Golden Eagle Hotel, whose guests we are, for their successful exertions in rendering our stay in their house so agreeable during the present unprecedented flood as to make us forget that we were dwelling in the midst of a great calamity."

THE AMERICAN RIVER.--The steamers Gov. Dana and Defiance left the levee yesterday forenoon for Patterson, with freight and passengers for Folsom. They landed a short distance above the point heretofore used as an embarcadero. They will start again for the same point this morning. Large quantities of merchandise await transportation.

ALL SAFE.--The members of the Gregory family, referred to yesterday as having left their ranch on the Sacramento in a skiff, reached a safe locality without disaster. Gregory himself was rescued from the roof of his house not by the Antelope, as heretofore stated, but by the steamer Anna, Captain Truworthy.

FOR SUTTER AND FRANKLIN.--A Whitehall boat, well freighted with provisions, was dispatched from the Pavilion, yesterday, to the lower portion of Sutter and the upper portion of Franklin township, for the purpose of giving relief to such families of ranchmen as may require it.

KIND HEARTED.--There are two or three youths at the Pavilion who go out in a boat every evening and return with five or six chickens, on which they live sumptuously the next day. Their explanation is that they take the chickens out of trees to save them from starving.

THE WATER.--The water in the Sacramento had fallen last evening about three inches since our last report, standing at twenty-two feet six inches above low water mark. Water in the city had fallen about eight inches within the last twenty-four hours. The American river has fallen about three feet in the past two days. . . .

REPORTED CASE OF DROWNING.--Information was sent to the Coroner last evening that a man had been drowned at Sutterville. No statement was made as to whether or not the body had been found.

WORTH SEEING.--The crevasse on the river front below R street is well worth a visit. There is a fall of at least three or four feet, which causes the water to empty from the river with great speed and force. . . .

INDIAN PREDICTIONS.--We are informed that the Indians living in the vicinity of Marysville left their abodes a week or more ago for the foothills, predicting an unprecedented overflow. They told the whites that the water would be higher than it had been for thirty years, and pointed high up on the trees and houses where it would come. The valley Indians have traditions that the water occasionally rises fifteen or twenty feet higher than it has been at any time since the country was settled by the whites, and as they live in the open air, and watch closely all the weather indications, it is not improbable that they may have better means than the whites of anticipating a great storm. --Nevada Democrat.

We have it on good authority that the Indians about this city have prophesied all the floods of the present Winter; and, worse than all, they say that our heaviest flood has not yet come. The Indians who were living in the tules over in Sutter county, made a stampede from the low grounds several days before the last overflow, and went into the foothills and other high places.--Marysville Express.

SCARCITY OF PROVISIONS AT NEVADA.--Interruption of communication with the lower country is beginning to shorten inconveniently the supplies of mountain traders. The Nevada Democrat, of January 11th, says:

Flour at this market has gone up to six dollars and fifty cents per hundred, and other provisions in proportion. From what we can learn, however, there is no reason to fear an immediate famine. The Nevada Flouring Mill has wheat enough on hand to make twelve hundred barrels of flour, which in ordinary times would supply this market for three months; but even now, when they have to supply Grass Valley and the upper part of the country, the stock on hand will last at least a month, unless people should get frightened. The merchants refuse to sell provisions unless in limited quantities, and this has alarmed some people, particularly the Chinamen, who are endeavoring to purchase enough to last them for a year. . . .

SENSIBLE.--The Alta, referring to the recent calamity in the State and the necessity of a short session, says:

In this state of affairs the Legislature is forcibly admonished to act with economy. With the whole of the Sacramento Valley under water, and ruin and desolation all around, we cannot afford to expend a thousand dollars a day for legislation. We must have a short, practical session--windy speeches is a luxury for which we cannot pay just now. We thought, a few days ago, that the session ought not to last for more than six weeks. Recent events render it imperative that it should be made shorter if possible. The people cannot pay as much taxes this year as they did last. It is folly to expect it. They have not got it, and, therefore, cannot give it, and the sooner our legislators make up their minds to that fact, the better it will be for their constituents.

CITIZENS' MEETING.--A meeting of citizens is called to assemble at twelve o'clock M. to day in the District Court room, to take action in regard to repairing the crossings of the streets and in regard to accommodating the public travel.

THE WEATHER.--A splendid day and a pleasant evening fell to our lot yesterday. They were thankfully received and duly appreciated.

NEW SACRAMENTO.--"New Sacramento," is the name given by Samuel Norris to a new town laid out by him on the north bank of the American river. . . .

RESERVOIR BROKEN.--The reservoir at Middletown, on the road thence to Horsetown, and a few miles distant from Shasta, broke in lately. It belonged to the Clear Creek Ditch Company.

FATAL ACCIDENT.--A man, named Calvin Cleveland, while washing out a pan of dirt on Bourbon Hill, Nevada county, recently, was buried under a bank of dirt and soon died.

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We give without comment the following accounts of the late destructive flood, which appears to have been general over the whole extent of the country so far as we have information

SAN JOAQUIN.--Stockton Independent of January 11th has an extended article on the flood in that city, from which we condense the following:

The alarm of danger was sounded by the ringing of the City Hall bell, at half past one o'clock yesterday morning, at which time the waters from the eastward of the city had made their appearance, and were rapidly increasing in volume, filling the sloughs to their banks, and forcing their way into the main channels at a fearful rate. Many persons stood night guard, "Hakatone" (Rev. Mr. Anderson) among others, watching with observing eye the approach of the rushing water, wandering through the city by the light of lanterns, and viewing the progress of the overflow. The bell repeatedly rang out the alarm, which, as the sequel has shown, was not a "false" one.

In Mormon Slough the water came roaring and tumbling down the ravine with a fearful velocity, gradually increasing in volume until its banks yielded to the pressure within, and came coursing into the city and mingled itself with the water which the smaller sloughs to the north had swollen into the proportions of a perfect overflow. To the eastward of the dam which is supposed to serve as a protection against the flow of water from Mormon Slough into the central part of the city, the banks had given way, and the larger part of the water was thus diverted from its natural channel into the smaller sloughs which enter the city from that direction, already filled to overflowing.

The chief and most alarming source of danger to be apprehended, was found in the larger sloughs on the north side of the city, from the overflow of which a number of families were compelled to remove from their residences, some of whom, taking time by the forelock deserted their houses on the night previous, taking with them such movables as were of special value. Lindsay slough rose to an unprecedented hight, flowing over its banks and forming wide sheets of water, in the midst of which stood houses and barns, isolated nnd abandoned. The bridge over this slough at its intersection with American street, which had withstood the freshets of the past eight years, was swept away and lodged on the north bank, about two hundred yards distant, in its progress striking against the house of Dunnigan, taking it from its foundation and leaving it "keeled over" on the bank of the slough. By the same accident the house of Thomas Connerton was carried down with the current and lodged in a clump of trees which grew near the center of the channel, several hundred yards below the site on which it was built. The footbridge which crosses Lindsay slough at its intersection with California street, was swept away, a part of it lodging, high and dry, on the Hunter street bridge, three blocks below, and a portion passing under it. The foot-bridge at El Dorado street was carried away in the center, thus shutting off all bridge communication with the northern part of the city, with the exception of that by the bridge over Hunter street, which stood up nobly under the immense pressure of timber and large quantities of plank which floated down against it. A barn belonging to Henry Southwood was taken from its foundation, and carried down with the current against the bridge at Hunter street--the crash which followed leaving scarcely nothing by which to distinguish it from a pile of rubbish.

During the day this bridge was the principal scene of excitement, and persons were constantly employed in relieving it of the pressure occasioned by the accumulation of drift stuff. The water flowed around it on the north, cutting a deep channel which rendered the bridge useless so far as being of any convenience to persons residing north of Miner's Avenue. Ferry boats were established, and a lucrative business was done during the day in conveying passengers between Lindsay's Point and the foot of Merchant street, on the Peninsula. An accident occurred to William Miller, while that gentleman was engaged with others in removing lumber, etc., from the Hunter street bridge. His footing slipped from a plank upon which he was standing, and he fell into the slough, but was rescued after floating down to El Dorado street. A large quantity of water found an outlet through Fremont channel, where its progress was uninterrupted by bridges or obstructions of any kind. That portion of the city lying between these two principal channels was comparatively dry, the ground being high and the water passing off in about the same ratio in which the supply was kept up, the sloughs running constantly, scarcely deviating from a certain hight during the entire day. Fremont square was undisturbed by water, while Washington and Court House squares were inundated.

The buildings which principally suffered from the overflow were low wooden "shells on Main street, Centre street and the Levee. In the lower part of the city, the water backed up from the tule region as far the City Mills, but caused no damage. The Globe Foundry was partially inundated.

The water in the Stockton slough rose to a higher point than ever before known, and caused some damage to the wharf by forcing off string pieces and raising the planking from its proper position. At about two o'clock yesterday, the bridge erected by the county over Mormon slough broke away and floated down against the bridge crossing the same slough at its intersection with Centre street, thus cutting off all communication with the country beyond.

In the city we hear of no great damage to merchandise. R. S. Bates is a loser to some extent by damage to grain stored in a low brick warehouse on the corner of Main and California streets. Several parties having grain and hay on storage in stables have suffered from damage in small amounts.

The water last evening had receded to such an extent as to leave many of the sidewalks dry which were covered with water during the day. The slough fell rapidly after seven o'clock, and unless refilled by another edition of an overflow from the direction of the Calaveras, there is every probability that they will not again reach the hight they attained yesterday. Nous verrons. The heavy, beating rain which fell last evening, however, forbade anything but good, and if long continued may result in another, and perhaps still more serious overflow than that of yesterday, from the effects of which we had flattered ourselves we had eacaped "for good and all" for the season.

YUBA.--The Marysville Appeal of Jan. 11th says:

As was expected day before yesterday, the continued rains of the past day or two, combined with the eflects of melting snows above here on the Feather and Yuba, have raised the streams once more to an overflowing hight. Yesterday morning the Yuba was rising rapidly, lacking only five or six feet of the highest point heretofore reached by the previous great flood. During the forenoon the Feather commenced rising, and its immediate effect was to check the current of the Yuba, which began to rise more rapidly, and by dark it had reached a point only eight inches below the high water mark of the 9th of December. Merchants in the lower part of the city made ready for the flood by piling their goods out of its reach and removing where it was necessary, while in the upper part of the city, near A and B streets, the slough gradually encroached upon the property overflowed by the last flood, and by dark had covered A street down to Fourth to the depth of a foot or more.

On the water front, near the plaza, the overflow came nearly up to the point of the last overflow, and at ten o'clock was only four inches below the mark of Dec. 9th, and was rising, but very slowly, the rise being at the rate of an inch an hour, Up to that time the rain had not ceased, but was falling at intervals, and the prospect for a subsidence of the water was not very encouraging. The rain has been a warm one, and the snows in the mountains must have been all melted by this time, but should the present rain have extended as far up as did the last storm, we shall have a higher flood than ever before. The damage, however, will not be so great, as it finds our people prepared for it, and sweeps over a section of country but just before destroyed by it. We can only wait in patience for the falling of the water, and are in the meantime cut off from stage and telegraph communication in every direction.

The Appeal of January 12th remarks further:

When we made up our report of the state of the water for our issue of Saturday morning, the water had raised to a hight only a few inches below the highest mark of the great flood of the 5th [9th?]. But yesterday morning found the water still rising in hight, though, owing to the extent of land now submerged, the rise was very slow. By eleven o'clock in the forenoon the water had reached the mark of the December flood, and there everybody hoped that it would stay, as no one seemed to think it possible that a point higher than that could be reached. But slowly and surely the water advanced until it passed the boundaries of the last flood, and was at a greater hight than ever before known. By noon the Yuba had so backed into the D street sewer, that water was forced up through the manholes into the streets, overflowing into the gutters the whole length of the sewer and filling most of the cellars, where no artificial protection had been made, along its line, Still the water did not abate, and the tide from the Yuba met that of the Feather back of town, before twelve o'clock, and Marysville could be completely circumnavigated. At half-past three o'clock in the afternoon the water had reached its hight and there was stayed for a spell. Northward the plains were one sheet of blue water, interlaced here and there with belts of verdant land, upon which groups of cattle were standing and, nearer the city, were dotted with partially submerged or floating houses, while the bounds of the city on that side, not under water, were at Seventh street, on E and D streets, the Catholic church on Sixth street, while B street was under water nearly its whole length--a complete sheet of water extending from that street to the slough beyond A street eastward, and by the way of Seventh street to the slough, and Feather river on the west. Beyond the slough, or west of the main part of town nearly every house was submerged; John C. Fall's residence and one or two beyond it to the northward, only standing, like islands, untouched by the water. Westward, as we looked from the church spire, one sheet of water seemed to stretch from F street to Yuba City, where the Sutter county Court House stood on a slight rise of ground just out of water; beyond this, to the foot hills of the Coast Range, there appeared to be no dry land, and the shining expanse was dotted with trees, seemingly floating on the water. Southward and eastward the same appearance was noticed--the flood disappearing in the belts of trees which wound off to the Sacramento on the south and the foot hills on the east, the slough and the Yuba appearing to be one sheet of water. At this time the water had reached its highest point, and is variously put at six, eight and ten inches above the marks of the flood of December 9th last, but the excess over the December flood cannot have been more than eight inches, if indeed it reached that; the hight varies in different places, for reasons which it is difficult to understand.

The amount of damage done to this city by the flood is much less than at the previous inundation, notwithstanding it was so much more extensive in character; for the rise of the water had time to remove or prepare for the flood, and in many instances the houses submerged was so gradual that most persons liable to damage had not been occupied since the first flood. Some small wooden tenements were carried off, and many families were driven into the main part of the city by the freshet, and two families, otherwise homeless, were quartered in the City Hall last night.

The hight of the water is alluded to above, but the most careful and accurate measurement appears to have been kept at A. Walker's, corner of E and Third streets, which shows that the water rose to a point only one foot below the rise of December 9th, at six o'clock on Friday night. On Saturday morn at one o'clock it had risen to 3-7/8 inches less than the high water mark, and at nine o'clock Saturday morning it passed it and continued rising, at the rate of one inch an hour until half past three o'clock in the afternoon, when it had risen to a hight of 5-3/8 [?] inches above the December high water mark, and soon commenced falling slowly, and at dark had gone several inches and was subsiding slowly bnt very perceptibly at last account, having reached the December high water mark at half past nine o'clock last night.

The Express of January 14th, says:

A. J. Barkley informs us that about two hundred head of stock, including cows, hogs, etc., have been drowned a short distance above this city, near the Yuba; and the carcasses were yesterday in the water and driftwood, hence they could not be hauled away. The destruction of stock on the ranches up the Yuba and Feather rivers has been greater than was at first supposed, though not equal in number to that destroyed by the first flood of the season.

BUTTE.--The Record of a similar date says:

Flood after flood, in quick succession, appears to be the ruling passion of the storm king of California the present Winter. Another warm rain has melted the snow which so recently fell in the mountains, and the waters come pouring down upon us from every gorge and canon, overflowing the banks of rivers, creeks and sloughs, closing communication, destroying property, and converting the valley into a miniature sea. Feather river having again risen with a rapidity almost if not quite unprecedented, rolled by us at noon yesterday, as grand and majestic as in the great flood of the 9th of December, rushing and roaring as it hastened upon its journey of desolation to the unfortunate cities below. The floods of this Winter are disastrous to California, not only in the destruction of life and property, but in the overflow of thousands of acres of agricultural land, which cannot be cultivated the present season, consequently in a measure reducing the quantity of grain raised for consumption.

Just as we are going to press--(seven o'clock P. M. )--Feather river is one foot higher than on the previous flood on the 9th of December, 1861. It is still rising, and threatens to submerge Montgomery street.

On Sunday last, this portion of the valley was visited with the most severe snow storm ever known, except by the "oldest inhabitant." It commenced snowing in the morning and continued all day and until late in the evening; but being damp it melted very fast, and did not cover the ground more than an inch in depth, although several inches must have fallen. At Chico, snow fell to the depth of six or eight inches, and caused considerable damage to the telegraph line by breaking down limbs of trees, which fell upon and broke the wires.

NAPA.--Napa Reporter of January 11th says:

In 1849, we learn from early residents, there was an excessive fall of rain, and a large portion of what is now known as Napa county was flooded. In the Winter of 1852-53, the water rose in what is now known as Main street, in Napa City, about six inches, and flooded all the low lands in the county. Until recently, this was the highest water of which the oldest inhabitant had any knowledge. Since the 19th of December until the present date, we have had throughout the State aa almost incessant rain, and the fall of water undisputably has been the greatest of any year of which we have a record. We gave an account of the flood in December, but the water at the present time is not less than eighteen inches higher. All the eastern portion of the town is under water, and the low lands in the lower and western part of the city are navigable for light craft. Cornwell's Addition is at least ten feet under water. The damage the residents of that part of the town may have suffered we are unable to learn until the "waters subside."

A house belonging to Andrew Lynch has been carried away, and several others are floating and swaying with the current. Rails, portions of fences, gates, lumber, saw logs, everything buoyant enough for the greedy waters may be seen passing down stream. On the main road from Napa City to Benicia, between Main street and the Cemetery, the river is half a mile in width, and navigable in any part for vessels of ten feet draught. The water turns around our stone bridges, and as much as says, "confine as to your arches," "we take the liberty to seek our level."

All communication by telegraph, steamboat or stage was cut off in Napa.

SOLANO.--Suisun Herald of the 11th, remarks of the storm in its locality as follows:

On Wednesday night, when the tide was full, the water was higher in this neighborhood than has been seen at any time previous. The flood ran over the whole length of the macadamized road to Fairfield in a perfect stream. We are furnished with further particulars of the extent of damages caused by the flood in the neighborhood of Cache Creek slough, or Main Landing. On the bank of the slough there is a small growth of trees, which, while it afforded some protection as a barrier from the water on the side on which Merithew was located, was of no avail in taming the strong current from the Sacramento away from the new town on the other side. King, the proprietor of the hotel of that name, estimates his loss at $1,500; Carrington, who had recently located a blacksmith shop there, lost from $250 to $300; Cushing lost about $1,500, and the Messrs. Deck & Co., storekeepers, say they have sustained a loss of $12,000; Merithew's own loss is about $5,000. The total loss is estimated at some $25,000, which is exclusive of about 600 tons of hay, and some 14,000 sacks of grain, the loss of which falls upon the farmers of the vicinity, who had stored it there for shipment. The hay floated away and grounded miles distant, in shallow water, on the higher ridges of tule land. We are sorry to hear that the people who have been living at and near the Landing are in great destitution, and hope some means will be devised for their relief. The water is full twelve feet in depth on what has been esteemed high ground, and for three days there had been no appreciable decline in the depth.

SUTTER.--The Marysville Appeal of January 14th, has the following :

The late freshet was as proportionably extensive at Yuba City as elsewhere, and left only three houses out of water. The damage done was not so great as at the previous floods, and the County Court house is said to be actually improved by it. The flood of the 9th of December did not get inside of the building, but so affected the outer walls that they settled, leaving the floors and partitions up so high that everything was out of shape, and the building supposed to be ruined quite; but the last flood got inside and caused the floors to settle so much that the building is now about even and can be made as good as new, which is getting some good from a great evil.

CONTRA COSTA.--The warehouses at Jacobs' Landing, between Oakland and San Pablo, have been washed away. Jacob's warehouse was partially destroyed, but nothing remains of Dobb's.

ALAMEDA.--Charles A. Crane informs the Alta that after the news reached San Francisco on Sunday night of the flood at Alvarado, he endeavored to charter a steamer to go immediately to their relief, but failed. He afterwards chartered the Pride of the Bay, which he dispatched to the relief of the town. Since her departure the schooner Anna Whitton arrived from Crane's (his brother's) warehouse at Alvarado, and reports that the water had not risen high enough to enter the warehouse or dwelling, but the salt marsh had been flooded with from five to six feet of water.

A dispatch from Warm Springs, of January 11--7:40 P. M., states that the town of Alvarado is entirely inundated, there being not a spot of ground that is not covered with water to the depth of six feet. The residents were firing minute guns for relief. It was impossible to get at them, from the direction of Warm Springs, so as to render any assistance.

SAN MATEO--The county of San Mateo, says the Alta of January 12th, which has hitherto escaped injury from the floods of the present Winter, has during the past week suffered to a considerable extent. The injury to private property has not, so far as we can learn, been very considerable, being confined mostly to the destruction of fences; but the public highways, and many miles of the new railroad grades have been almost totally destroyed. Bridges all along the main road from San Francisco have been carried away, and the road itself in many places washed out and left in a dangerous, and, at some points, impassable condition. Our agent at Redwood City came over the road yesterday on horseback, and he assures us that it is impossible to go from here to Redwood City on wheels. No mail had been through since Wednesday last. Two stages had reached San Mateo bnt could get no farther. The bridge across San Mateo creek was still standing at eleven o'clock yesterday, but the waters were rushing against it fearfully. The bank was washed away at the farther end, and it was feared that it would not stand until night. The waters were running over the San Francisquito bridge on Friday, but it was thought the bridge would stand the flood.

From a gentleman who arrived this afternoon from Half Moon Bay, we learn that considerable damage was done at that place by the late storm. Three-fourths of the bridge at Spanish Town was carried away by the floods. A man named Ransom H. Wood, recently from Contra Costa, and originally from Vermont, was drowned in an attempt to cross the creek, on Saturday morning. The surf struck his boat and capsized her. He was then carried out by the under tow, and all efforts to save him proved unavailing.

PLACER.--The Auburn Herald of the same date has the following:

The heavy fall of snow of Sunday last was succeeded by a warm rain on Wednesday, Thursday and Friday, that raised the rivers to an unprecedented hight, and has undoubtedly proven more calamitous than the great flood of the 9th of December. At this writing we are cut off from communication with the country to the north and east and Sacramento, and, with the exception of a limited region, can only surmise the extent of the disaster. On the North Fork of the American, the bridge of Hall & Allen (that withstood the first freshet) was swept away Friday morning, together with the toll house and other buildings. This bridge was a short distance above the North and Middle Forks, and the water rose four feet higher at its location than on the 9th of December. The bridge was the only remaining link of communication with the upper and lower portions of Placer county, and the loss and inconvenience to the people of Forest Hill, Michigan Blufl and other large communities on the "Divide" will be very great. The people could better afford to-day to pay double the customary tolls over the bridge than have it swept away. The Middle Fork was, no doubt, higher than before, as large quantities of drift ran out, as well as houses, furniture, etc. Below the junction, a billiard table was seen going down stream yesterday, that mast have come from the Middle Fork. At Oregon Bar, below the junction, the river rose ten or twelve feet higher than at the first flood. The wire suspension bridge at Condemned Bar, supposed to be above the highest water, is gone.

NEVADA.--The Transcript of January 12th says:

The stage communications, even to Grass Valley, are entirely stopped, the road between Nevada and Mrs. Sweeny's Half-mile House, being entirely impracticable for vehicles. Frank Cleveland, who came in yesterday on horseback, informs us that all the quartz companies have been compelled to suspend operations, the shafts and tunnels being filled with water. This was inevitable, as last year, when nothing like the actual amount of rain fell, the same thiag happened. The damage then caused was considerable, and we apprehend that the quartz miners of Grass Valley will suffer heavily now on account of caves, damage to machinery, etc., besides the loss of time. This, however, had its good effect for the town, as all the hands employed by the numerous companies around spent their back earnings whilst awaiting for the diggings to dry, thereby keeping things quite lively in the valley in the mean time. We suppose the same thing will take place again now, and we expect to hear that Grass Valley is in a lively and flourishing condition for some time to come. Cleveland informs us that the supply of potatoes and butter is exhausted at Grass Valley. Nevada is not much better off in this respect.

SANTA CLARA.--The Alta of Jannary 12th remarks:

The steamer Sophie McLane left for Alviso yesterday, at her usual hour, with passengers and freight for Santa Clara and San Jose, but she returned last night, having been unable to effect a landing at Alviso in consequence of the country being inundated. We learn from a gentleman who was a passenger on the McLane, that the whole of the country in the vicinity of Alviso is under water. The new gravel road to San Jose having been cut through and rendered impassable by the overflowing of the neighboring creeks, no vehicles could reach Alviso. The waters of the Guadalupe and Los Gatos creeks were so high that the authorities of San Jose had the timbers of the bridges leading into town removed, to prevent the structures being carried away bodily. The Coyote creek is running very full, but thus far no damage has occurred.

SIERRA.--Marysville Express, adds, January 14th:

A private letter, received in this city on Sunday night, stated that a rain and snowstorm had continued in Northern Sierra for several days, doing a great amount of damage to flumes bridges, ditches and other kinds of property The bridge across Rabbit creek, at La Porte, an old structure that has stood many a severe storm, was carried off on Friday last.

Sacramento Daily Union, Volume 22, Number 3370, 16 January 1862, p. 1


We append some further details of the late flood in this State :

SAN JOAQUIN.--The San Joaquin Republican of January 12th has some further particulars of the flood in Stockton:

The peninsula was overflowed very seriously. Most of the families in the Corinthian buildings were compelled to remove to the second stories. There was no water in the houses of Captain Walls, Simpson's, Howe's, Dr. Shurtleffs, John Sirey's, or Henry Gillingham's. The occupants of the houses near the Jewish Synagogue got out all their furniture, moving it into the Episcopal Church, the doors of which were burst open, nobody knowing where to get the key.

The levee wharf is afloat, the piers lifting out of their beds. The lumber on the lower part of the levee is all afloat, and much loss may be caused to the lumber merchants.

A dispatch was received in a roundabout way from Mokelumne Hill, yesterday afternoon, which said "Hell's broke loose here. Look out down below, in Stockton."

A boat dispatch received from Mokelumne City, said that the inhabitants wanted help, or hundreds must perish.

The stores were all closed yesterday, and no business was attempted. The aspect of affairs was gloomy enough. The whole country, with the exception of occasional acres, is overflowed.

During Friday night, C. Haas, the jeweler, who resides on the Richards place, called for help, and Kuhn succeeded in removing him and his family to the residence of Wittkoff, on Hunter street.

On Thursday night, the lady of a respected resident of the city gave birth to a child at 12 o'clook, and at 2 A. M. it was necessary on account of the flood to remove her to the next house. The lady or the child has not suffered injury by the removal.

Several storekeepers have built levees along their stores. This has been the case from Dr. Holden's to Stockwell & Moseley's, on Main street; also on the north side of the street, from El Dorado to Centre street.

Several families took refuge in Fisher & Co.'s stables. The Theater building was lighted for the reception of sufferers. Samuel Fisher threw open the doors of his handsome house for the reception of sufferers. Fogg also opened his house.

For the first time in the history of Stockton, it has been found necessary to abandon all idea of religions services on to day, (Sunday.)

The Independent of January 13th says:

On many of the ranches along the San Joaquin, stock of every description have shared in the general devastation which the flood has incurred in that section of the country. We are informed that about two hundred head of cattle belonging to John Petty of this city, were drowned by the high water on Saturday night, while stock dealers in the same vicinity have suffered to a similar extent generally. In this city, the water from the eastward had attained its highest point at about 10 o'clock, on Saturday evening, it having fallen rapidly during the day until 4 o'clock, P. M. It was ascertained that the northern part of the city which had previously been comparatively free from water, was about to share the fate which had overtaken the residents on the south side. The water gradually backed up from the Stockton slough, covering the entire Peninsula and inundating Lindsay Point, compelling families living in low buildings to remove to the houses of their neighbors which offered greater safety.

The gardens of Captain Weber were under water, and his house, which is built in part of adobe, commenced crumbling. At our last accounts the family continued to occupy it, and anticipated no damage from the falling of the adobe to the frame house adjoining, of which it forms a part. The Corinthian Block was necessarily deserted, and families had, through fear of inundation, left the lower story and removed to the second floor. Farther to the north the water had "spread itself" over the high grounds which were deemed beyond the reach of overflow, and the occupants of private residences found themselves seeking attics and moving out into more comfortable quarters. With the exception of a very few cases, the water on Lindsay Point below Hunter street, did not rise to a sufficient hight to compel people to desert their houses. They were, however, like all the residents on the north side of the city, shut out from communication with the business portion of the town.

During the rise in the water on Saturday night the wide bridge which had floated from its site above the Stockton Bakery had lodged on the bank of the slough a few hundred yards below, broke away from its landing place and came down against the house of Clifford, on the corner of Miners' avenue and California street, breaking down the fences, demolishing a portion of the house and doing serious injury to fruit and ornamental trees. It was apprehended that the rise in Lindsay slough on Saturday night would carry away the Hunter street bridge, and with it a number of buildings erected partially in the slough below it; but notwithstanding the bridge had intercepted the passage of an immense quantity of timber and drift wood and the water was pouring down upon it with tremendous force, it failed to stir from its foundation. All day yesterday the back water was slowly rising, inundating the buildings in the lower part of the city, driving occupants of residences, with a few exceptions, to seek safety elsewhere.

In Sperry & Co.'s warehouse the water was standing ten inches in depth, causing a serious loss to that firm in damage to flour and grain. Large quantities of lumber from the yards below Commerce street were drifted out into the main slough during the night, and escaped down the river. A boatman from the mouth of the Mokelumne informs us that a sufficient quantity of lumber passed that point in the space of twelve hours to have freighted every barge in the city. While the back-water was overflowing the streets in the lower part of the city and forcing its way up into the principal sloughs, the water in other parts of the town had almost entirely receded, leaving the walks everywhere passable, save in places where they were built so low as to form reservoirs. As the water disappeared from the streets it left exposed to view heaps of clean gravel, and spots where sand and mud had accumulated beyond the reach of the current. A few of the stores on Hunter street, previously dry, were wet upon the floors. The backing of the water into the lower part of Main street caused the crumbling of the west wall of an adobe building, which fell, but did no further damage.

The force of the current in Lindsay slough took away the underpinning from the rear of a residence on the bank of the slough, fronting on Miner's avenue, and left it standing out of perpendicular. The inmates of the house had previously moved out. During the rise on Saturday night the water entered, for the first time, the streets of Moseville, and even ventured to creep in at the doors of dwellings, the builders of which had paid but little regard to elevation. Hundreds of horses and cattle resorted to Moseville and took possession of the high spots of ground, frequently gathering in such numbers as to crowd each other off into the water. A drover crossing high up in Lindsay slough on Saturday evening, with a small band of cattle, lost five of them by being taken down the stream with the current. We hear of little or no loss to our merchants as the result of the overflow. All had abundant opportunity to make such preparation as would insure them against loss. As we have before stated, buildings erected of proper hight from the grade have entirely escaped the water; and the stores into which the water flowed have suffered nothing save the loss consequent upon a suspension of business, and the difficult and unpleasant necessity of removing from their floors the thick coating of slime which was left by the water as it receded.

We have yet to learn the first instance of individual suffering, or the first one toward whom the hand of charity might be extended in relief. If our citizens desire to exercise their philanthropy never so mnch, there is no actual call for it by reason of the recent overflow. The greatest loss by damage has been occasioned by the destruction of bridges and the injury to our streets, involving the public expenditure of a large amount to replace and repair them. The sidewalks have also been rendered in almost an impassable condition in many parts of the city. Court House Square has suffered somewhat from the washing away of the earth and some portion of the fencing.

The overflow extended, of course, to the State Insane Asylum, and beyond the carrying away of a portion of the fencing around the farm, occasioned no damage. The water in the court yard of the Asylum was two feet in depth, and in the mad houses, which were built on a grade two feet lower than the main building, the water was two and a half feet deep. From these houses the patients were removed to the bath house, thence .to the lower ward of the main building. They were not "got out with great difficulty," as stated by a cotemporary, but were removed before the water had risen to its fall hight, and with quite as much facility as could have been employed under ordinary circumstances. All communication between the Asylum and the Physician's residence is conducted by boats. The garden is all overflowed, and much of it is injured by the deposit of sediment.

This overflow has never been equalled in extent, and our city has never, in the whole course of her history, been subjected to such a severe test of her capacity to withstand a flood. That of 1852 is regarded as bearing poor comparison, either in quantity of water or duration, with that from which we trust we have now fully escaped; and henceforth we may look back to the Winter of 1861-62, with the recollection of the scenes of the past few days, as indelibly fixed upon the mind as though they were the occurrence of a yesterday. Let our citizens now adopt some prompt measures for the future, carry out some plan for the protection of the city from inundation and provide against a recurrence of the events of the past three successive overflows. The individual loss incurred, directly and indirectly, by these overflows, would more than place our city in such a condition as to be beyond the reach of a return of like disasters. It remains solely with the people to say whether the city shall every year be subject to overflow, or be kept free from the ingress of the surplus water of the plains by a proper system of drainage. Let our Common Council appoint a Committee competent to make a thorough and extended report upon a plan and probable cost of protection to our city from future floods, and submit the matter to the people for final action.

A short distance beyond the suburbs, in the direction of the tules lying south and west of the city, are a number of small houses almost completely under water. These houses have been occupied by persons in humble circumstances, and most of them are remote from neighbors. Yesterday several boats were dispatched in the direction alluded to, and returned with persons who had been unable to reach the city without incurring the risk of drowning. On a ranch a short distance beyond Mormon slough, was found a Frenchwoman, who depended upon the products of a garden which she cultivated for her livelihood, standing up to her waist in water and calling for aid. She was brought to the city last evening, having been exposed in the manner in which she wns at the time of her rescue nearly eighteen hours. A number of persons were relieved in a similar manner during the day.

We learn from a gentleman who arrived in this city yesterday from Mokelumne City, that the floors of the buildings in that town are from three to six feet under water, and the country surrounding is one vast lake. The second story of the Planters' Hotel affords accommodation for a large number of persons, while many have sought safety from the flood on the opposite side of the river. The damage to property has been universal, and stock have been drowned by the thousand head. It is said to be the most disastrous flood ever experienced in the northern part of the county.

In connection with this subject, the Republican says:

It is useless for us any longer to deny that our city can be overflowed, though, as far as we are able to learn, at the time we are writing, we cannot learn of more than a dozen American families which have been compelled to remove. For Stockton the disaster is a terrible one, and much property has been destroyed. First one part of the city has caught it, and then the other. Yesterday morning revealed the fact that the north side of the town, which had previously been comparatively free from water, was inundated, while the business part was not as mnch flooded as on the day previous. The damage in town has been very great, probably nearly as much as in San Francisco.

CONTRA COSTA.--A correspondent of the Alta, writing from San Ramon valley, January 9th, has the following :

We, too, are in the midst of a watery desolation without a parallel known to the locality. In 1582-53 [sic] the water is said to have been as high, but the property was not here to be destroyed, as at present. I write from the village of Alamo, on San Ramon creek, a stream that is dry several months in the year, and from here to its source is about fourteen miles. Up to this morning its banks had been kept nearly full from the constant; slow rains that have fallen, but to-day the rain seemed to take a new hold, and came down in torrents from about eight until ten o'clock, by which time the stream had overflowed its banks, and began rapidly to encroach in the houses on the east side of the street, or next the creek. The waters having been seen up and out of its banks so often no one was apprehensive of a general spread or force sufficient to do more than break a few panels of fencing. But the rain poured down and the stream rose, and the barns and houses were threatened. While we looked on Van Wagoner's barn mashed up and went down like an arrow. Upon this a stampede began from the east to the west side of the street, and D. Seeley had but barely got his family out of his house when it broke away, emptied the furniture out into the stream, and floated a little way and lodged. He lost everything save the wreck of his house. All this occurred in less time than I have been telling it.

By this time all the fences along the creek and across the fields, where channels ran, had gone. The water still rose and surged against the barns of Hoffman & Marcy, George Stone and George Englemyer, also the granary of Englemyer, containing about 2,600 sacks of wheat; and but a few minutes elapsed from the floating off of Seeley's house until George Stone's barn bursted up and went off with six tons of hay, thirty or forty sacks of grain and some farming utensils. The hay swung around, took the cross street, and came right .through the main street or road, to go off all in a heap as it was in the barn. Soon after, Maxey & Hoffman's barn and stable began to crack, breaking off the strong redwood posts that were planted deep in the ground. It contained about fifteen tons of hay, some grain, many small articles, and in the side shed a fine buggy the horses having been taken out not a moment too soon. With a big crash, away all went, floating down against Englemyer'a granary, knocking the east and north sides out, settling the end three or four feet, and emptying about four hundred sacks of wheat into the current, which went like chaff before the wind. Englemyer's barn and stable, which stood farther out toward the stream, and apparently in more danger, was holding on, with six or seven good horses tied in the stalls, and some fifteen or twenty tons of hay, while the mad torrent was rushing fire or six feet high against its end, every now and then breaking a board off. All was painful anxiety; the barn and stable must go, and with it those fettered horses; but nothing could be done; no one could get to them, and, indeed, for some time we could not see them, and feared they were drowned; but, thank heaven, the storm abated, the water soon fell, and we got them out safe, and the old barn rode the fury of the stream to the end. During the hight of the flood a small house on the east side of the creek, occupied by John Smart, (whose family happily had gone off on a visit the day before), floated up with all the furniture, clothing, etc. , just as they had left it, and went off some seventy-five or a hundred yards down stream in a field and lay down, to rest, perhaps; for it had a large cooking stove that, with other things, made it heavy. "Our Chinaman," whose house stands near Smart's, when the water encroached on the lower story, took to the garret, where, by holding down his little house, he rode it out till the ebb of the water, when a Mexican came with a riata and hauled him out, and now he sits camped on the hill side, above his house, under a stretched blanket.

Of the condition of others, little is known. Up the valley a mile--as far as we could get this afternoon--we found Hemme had lost a large barn on the "Ford place," now occupied by N. Jones; happily, two fine American horses that were tied in it broke loose and escaped. H. also lost some other outbuildings, fences, etc., and had a fine carriage smashed up. A little above on the same place, Bradley occupied a small house near the creek; and so unexpected was the flood to him, that he took the alarm only in time to pick up wife and children and get out. He saved nothing, not a change of clothing. All went in a twinkling. At the next place above stood the district school house, which was also swept off.

Below the village it is one sheet of water, from hill to hill, as far as we can see. The houses in sight appear still in the right places, but surrounded. In this condition night came on, with the rain falling steadily. The women and children still remained on the west side of the street, divided out amongst their more fortunate neighbors. The men scattered back to the east side, where they dared so, to lodge, with some apprehensions and calculations for emergencies. By five o'clock A. M., the water had got within fifteen inches of the hight of the day before, but did no more damage; all obstructions in the channels had been swept out yesterday. By noon the water had fallen so that one could go on foot through the fields, which we did as far as we could, one mile and a quarter. I found the fences washed away in about the proportion of one-third, the orchards seriously damaged, and the fields and valley strewn with almost every thing in use among civilized people. Englemyer's wheat lies all the way along the tracks of the water; the bulk of what we saw being in the lowest field. How much farther some of it has gone, we shall not know for some time. Hogs and poultry scattered along, give variety to the scene. I am now speaking of the fields through which the water spread, and at places half a mile from the channel of the creek. Our bridge, which had defied all former floods, gathered about ten head of cattle upon it, and, upon the hight of the flood, sailed off without the tap of a bell, yesterday, so we can neither go up, down, nor across. To-day, the 11th, the water continues to fall a little, though it rains and blows from the southeast.

Last night we were worse deceived and alarmed, but less hurt than before, for the rain came down all night as though the heavens opened, and by four o'clock in the morning the alarm was general. Lanterns were seen all over the village, the people moving on horseback and in wagons, to a two story house on the upper end of the street, and to a brick two story store in the lower end. The water kept rising until it reached a height of six inches greater than any time before. The rain still poured, and the water still rose and it really looked as though everything would be swept away and the lives of many people destroyed. But at 5 o'clock the waters began to recede, and in five or six hours went down so that we could cross the street again, and by 3 or 4 o'clock the sky cleared away so that we could see the sun.

A man just down from Tasajero Valley--the first one we have seen from outside for several days--says that a young man named Eldridge Lovlin was drowned in trying to cross a stream, and that his body had not been found after twenty-four hours search. Ha also reported that stock and fences have suffered severely. We also hear this afternoon that Dr. Smith's stable and barn and Whitmore's blacksmith shop at Walnut creek have gone, with the bridge across the creek at that place. To-night it is clear and the wind from the west, and we hope that the end long prayed for has come.

SIERRA.--The La Porte Messenger of January 11th has a graphic account of the fall of rain and snow in its vicinity;

The three first floods of the season were looked upon by our citizens somewhat as a novelty; but now we have a fourth eclipsing all former pretensions, which is viewed in an altogether different light. The volume of water in our creeks nearly doubles the amount of any previous time. About two feet of snow lies upon the ground in half-liquid state, and as the rain pours furiously down in incessant torrents a feeling of terror, rather than novelty, pervades the public mind. "We ne'er did see nor hear the like before." Snow commenced falling on Sunday morning, continuing till Wednesday evening, at which time the storm changed to rain. Thursday it rained hard all day, and a perfect tempest raged throughout the night, and is still raging today (Friday) without sign of abatement. The amount of snow and slush yet remaining on the hillsides to be poured into the ravines and creeks, makes matters looked hazardous for the whole country below. If the storm is like this in other parts of the mountains, scarcely anything will be spared the ravages of the freshet in the great valleys below. The destruction of ditches and other mining improvements in the mountains must exceed all precedents. We have a view of the work of destruction from our office window. A thousand feet of the Rabbit Creek flume is submerged or annihilated. One of the center piers of the bridge has been swept away with about thirty six feet of the stringers and planking. Our communication with the world below now exists only by way of an old pine log. With St. Louis, Pine Grove and other towns above, we can expect no further communication for the present. The prolific element has entirely switched them off--a forcible case of secession. Our mind is filled with discouraging thoughts of the destruction of hard wrought mining improvements, land slides and drowning humanity; and we have no heart to say more than God have mercy on the poor who receive a third visitation of affliction by this awful deluge.

YUBA.--The Marysville Appeal of January 15th has the following:

The late freshet was very extensive up the Yuba, as in localities where it could not spread over much surface, the rise was unexpectedly great. At Foster's Bar it was said that the stream rose seven feet higher than at the flood of December 9th, and did much damage. The store of Bachelder was carried off, though the goods were saved. At Bullard's Bar the rise was unprecedentedly great, and among other things, a stage belonging to Green & Co.'s line, which was thought to be far above all danger, was carried off by the stream. Much loose stuff has come down from above here, and lodged all along the banks of the Yuba. The Camptonville mail came in last night with the horses and driver of the team of Green & Co.'s line, and one passenger. The only means of conveyance across the river at Bullard's is by a basket arrangement which is strong across on a cable, and beyond that point the passengers take pack mules for Camptonville and Downieville. It is reported that much damage has been done to flumes, ditches, etc., by the floods in the vicinity of Camptonville, and many months will be required to repair the disasters.

NEVADA.--The Grass Valley National of January 11th remarks:

The storm which is now upon us has already exceeded in magnitude all its predecessors, and has raised the rivers and creeks to a higher point than they have ever been known to reach before. Bridges which have withstood all the previous storms have now disappeared, and the storm still rages and the rivers must still be on the increase.

STANISLAUS.--A gentleman who recently arrived in San Francisco from Stockton states that the whole town of Knight's Ferry has been swept away. Palmer & Allen's stone store, Dooley's stables, mills and everything clean swept off. All the bars on the San Joaquin, Stanislaus and Calaveras rivers are flooded.

THE FLOOD IN SAN FRANCISCO.--The Alta California of the 14th gives the following account of the recent flood in that city:

The damage sustained by the recent heavy rains has proven much less than anticipated. Beyond the accumulation of water in the North Beach and southern sections of the town, the flood has left but few marks of its power. A land slide on Rincon Point, back of the United States Marine Hospital, carried away a portion of the brick warehouse of Moore & Folger. The houses of the squatters on the Government Reserve were flooded, but are now relieved of water. In fact our city and vicinity has received no greater amount of damage than would be experienced on a heavy rain in any city of the Union. We can congratulate ourselves that we have not sustained heavy losses.

REMOVAL OF THE CAPITAL.--The Alta of Jan. 14th, has the following on this proposition:

It is a subject for congratulation that the project for the removal of the Capital was defeated in the Assembly on Saturday, and finally clinched yesterday. We sincerely hope that this is the last we shall hear of it. The removal of the Capital at this time would be, in fact, a gross outrage. It is the interest of the State to uphold Sacramento, and every other town which has suffered from the flood. It has contributed hundreds of thousands of dollars to maintain the Government, and it would be neither wise nor politic to injure a source of revenue to such extent, and all for the temporary comfort of the gentlemen whom we have elected to legislate for us. The Capital should be allowed to remain where it is.

PROTECTION FROM THE FLOOD.--The Marysville Appeal addresses itself to the farmers in this connection, and we extract the annexed considerations from its article:

As the floods which have been so disastrous during the present and past month are liable to occur annually, or, at least, at regular periods of a few years, it becomes important to ascertain how they can be guarded against, if not prevented; for if neither can be done the beautiful and extensive valleys named will never become the seat of a numerous population, as othwise [sic] they certainly would, but must remain as now, divided into vast tracts among a few, or squatted on here and there by persons without the spirit or means to make lasting improvements.

It is uncertain whether the noble region alluded to can be completely insured against overflow by a general system of levees, and perhaps the State cannot yet afford to make a systematic effort to protect it. There can, however, be partial protection, and especially can there be protection against destruction of stock and harvested crops, and safety for homesteads and families. Were it decided now that no measures can ever be taken to prevent general overflow, there are thousands of settlers in the valleys who must cling to their possessions in spite of the disheartening prospect. They cannot afford to abandon the acres they have tilled for many years, and which constitute the sole dependence of themselves and families. And they need not, if they will take a few hints from the experience of people in other lands that are subject to overflow, and obey the suggestions arising from their own peculiar circumstances.

In the first place, the dwelling of the valley farmer should be situated upon the highest swells or knolls of the prairie. It has seemed heretofore as if a great many valley residents took pains to build their houses, as well as their barns and stables, in the lowest places, where they are most certain to be flooded even at ordinary stages of the river in the wet season. Where no ground known to be above the highest flood reach can be found, tenements and farm houses should be built on a raised foundation of piles. In Africa, Hindoostan and China where the summers are long and dry as here followed by protracted rains, and the great level valleys formed by such rivers as the Nile, Ganges, and Hoang Ho, are annually inundated by the outpourings of mountain ranges loftier even than our own Sierra Nevada, the inhabitants build whole towns upon piles, and, provided with sufficient stores of food, await the abatement of the fertilizing waters in patience and security. The settlers of the San Joaquin and Sacramento valleys do not have to wait long for the subsidence of the floods, which seldom interfere seriously with plowing, planting and sowing, though sometimes they may destroy young growing crops. They should also build their barns, granaries, stables and other outhouses on piles, and where absolutely necessary, throw up artificial mounds as places of refuge for field stock during the short periods of highest water. Above all, no valley farmer ought to let Winter close in on him without he has provided abundant stores of hay and other feed for stock, with ample supplies of all kinds for his family. Some strips or swells of land in the low districts can be saved from inundation by very slight levees, which will cost no more than the labor of the farm hands for two or three days after the first rains have softened the earth. Where the land on one side of the river is lower by a few inches than the other quite a flimsy embankment on the highest side will turn the flood away from a considerable adjoining strip, whereon cattle can be gathered and fed in security. Perhaps ten years may elapse ere we have another series of such extensive floods as those which have this Winter affected the State; but still it is better for our valley farmers to guard against a recurrence of their disastrous effects by adopting such precautions as we have pointed out, together with others of a similar character that their own experience will suggest. A great amount of suffering and loss might have been prevented this Winter, had such precautions been taken in the past. If they are taken hereafter the great catastrophe of 1861-62 will not have been without its compensation.

p. 2


Telegraphic advices from the East to the 9th instant have been received. The dispatches came to Patterson, on the American river, and were brought thence to this city by steamboat. . . .

We publish to-day further accounts of the disastrous flood which has visited almost every important section of the State.

A meeting of the citizens of Sacramento was held in the District Conrt room at noon yesterday, to take action upon the condition of the city growing out of the recent flood. Speeches were made by ex Governor Bigler, Dr. Houghton and others, and it was rendered evident, by the report of the Citizens' Committee, that the most energetic efforts were in progress to put the streets of Sacramento in passable condition.

The Sacramento fell about six inches yesterday. Last evening the river stood at about twenty-two feet above low water mark.

About half-past seven o'clock last evening, the large warehouse of Drury Malone, at the corner of Eleventh and E streets, was destroyed with its contents. [by?] . . . .

HOWARD ASSOCIATION.--The Goodman Castle left about 2 o'clock p m. yesterday, for the relief of families, and rescue of cattle, at any and all places below Sacramento. Launches, flat and whitehall boats and men, provisions cooked and uncooked, sufficient for five hundred persons were placed on board.

The Antelope brought up fifteen packages of provisions, and three boats from the San Francisco Committee. The boats left at 9 o'clock, A. M. to cruise around Richland, and were supplied by the Howards with such additional stores--sugar, candles, coffee, etc., as were thought necessary. Other boats will be dispatched up the Sacramento as soon as they can be prepared. The launches and scows have drifted away, and it is difficult to procure those that are required.

The boat that went to the pocket, cruised five miles below Camp Union at Sutterville, and relieved a large number of families.

The child of W. Vandemagh was buried at 3 P. M., Rev. Mr. Hill officiating.

Two stations of the Society were closed, and the families removed to the Pavilion. At the latter place the number has not decreased, and the scene at night, at bed time, is most exciting. Children gathered at their respective places, beds and blankets distributed, and all noise ceases till daylight. There are regular meals at 8 a. m.. and 3 p. m., and constant applications during the day for food and raiment. If parties send written applications, it is one of the rules of the Society to attend to the same in thirty minutes. This keeps the members constantly employed, and with the preparations for the days and weeks to come, it taxes the energies of all. . . .

SEEKING KNOWLEDGE UNDER DIFFICULTIES.--The Stockton Republican of a late date has the following:

By swimming to the telegraph office last evening, we learned that we could have no communication with San Francisco or Sacramento, as the wires were down.


The difficulties of communicating with the interior experienced in 1853 have returned upon us in 1862. At that time for loaded teams or stages to enter or depart from the city was for weeks an utter impossibility. The rain, which fell almost daily from the eighth of November to the first of February, although it did not cause the rivers to rise as high as this year, kept a portion of Sacramento under water for months and by sweeping away bridges, and softening the roads practically cut off all intercourse between Sacramento and her customers. Such is her condition now, and from similar causes. In 1853, she was not alone in the position of non-intercourse with the country; Marysville and Stockton were similarly situated; they are now, in their inability to communicate with the interior in consequence of terrible roads and high water, as unfavorably situated as Sacramento. In 1853, the rains and floods were no respecters of persons or places; they have visited the State in 1862 with an impartiality in quantity and destruction which no one will question. The floods have been universal in the State, and they have carried desolation on their waves. The taxable property of the State for 1862 was estimated by the Controller at $147,000,000; at least thirty per cent. of this property has been destroyed, and a new estimate will be necessary.

In 1853 a desperate effort was made to move the city, but it failed, as the one this year did to remove the Capital. But the impassability of the streets in the city and the water in the slough compelled the merchants of Sacramento in 1853 to temporarily remove their business to Brighton, where a point on the American was occupied and called Hoboken. Tents were erected and used as stores, saloons and boarding houses; small steamboats daily loaded freights on the bank, and for weeks Hoboken was as lively a little cloth town as there was in the State. As soon as the roads would permit, people from the interior crowded the single street of Hoboken to purchase the necessaries of life, for in some localities people were suffering severely.

The first step towards building a second Hoboken has been taken this week. Steamers have again ascended the American river. In the first instance Lisle's Bridge was passed through the draw; this year a section of the bridge is gone, which leaves a steamboat opening. A new cloth town may grow up to flourish for a few weeks, or until merchants can meet their customers and fill their orders in the city. The business done in Hoboken was profitable in 1853 to merchants; if a new one is started on the American, a profitable business for a time will be certain to follow. But a removal of the business temporarily did not injure the city then; if removed again for a short season no permanent injury to Sacramento will follow. Trade will return to its accustomed channels as soon as the extraordinary causes which obstruct its regular course are removed. If Sacramento were the only city in the State unapproachable by teams and stages she might be seriously injured in her trade, but other cities are not exempted from the same difficulty. The subject, however, of improving the roads to and from the city was extensively discussed in 1853, and the project of building a plank road to Nevada earnestly advocated. We have commenced the discussion as to repairing the roads to and from the city this Winter. The matter was considered yesterday in a public meeting, but nothing definite done. It is evident that something must be done to open communication with the country, or the business of the city must travel up the river to meet the demand. To build bridges and make J and K streets passable is impracticable for the present, and we do not see what better plan can be adopted than for the Citizens' Committee, in conjunction with the Railroad and Stage Companies, to charter small boats enough to land all the freight and passengers at some safe point at or near Brighton, on the American, at rates that would barely pay the cost of chartering and running them. If they cannot be chartered, purchase them. It is the most certain as well as the only practicable plan of opening sure communication with the country which can be adopted for the present. When the weather clears up and the roads become settled, the streets and bridges leading to and from the city will be repaired and built, and Sacramento will resume her trade and activity as if nothing unusual had happened.

FINANCIAL ECONOMY--There could not be a more favorable period for financial retrenchment in the affairs of this State. The disasters which have just visited the valleys of California, have put almost everybody in the mood for economizing, and they undoubtedly necessitate some modification in the estimates of the Controller and the Committee of Ways and Means of the Legislature. The people who have had their ranches ruined by the inundation of the waters, were in no condition to meet the rate of taxation which was laid previous to the invasion of the flood. They have a right to expect the sympathy of their fellow-citizens, and do not anticipate the imposition of burdens such as they might have expected under ordinary circumstances. The material loss to the State, in consequence of the recent floods, will amount to millions of dollars, and there is scarcely a town in the interior that has escaped. Under thesse [sic] circumstances, we are justified in urging upon the Legislature the consideration of measures of retrenchment and reform, and the decrease of the burdens of the suffering people of our valleys. At all events, if any reduction can be made in the expenses of our State Government, that work ought to be effected. There has been a large decrease in our ability to pay, and there should be a corresponding diminution of the expense we are expected to bear. There are exorbitant salaries and unnecessary offices, which deserve the attention of the Legislature. Indeed, a Committee appointed to consider the subject could not fail to discern means of reducing the expenses of the State Government to a figure consistent with our present financial condition. . . .

GENEROUS.--The San Francisco Committee of Relief have been informed by the insurance companies in that city that they will contribute $1,000 for the benefit of the sufferers by the flood in Sacramento.


It is usually considered that Californians possess as much of noble daring and reserved courage, indifference to danger and equanimity of temper under the most adverse circumstances, as any people in the world. We are of the same opinion, and believe that this reputation has been achieved by chivalrous deeds and noble acts of self-denial, and sacrifice of life, when the hearts of the timid and selfish were filled with dread. The fate of the Central America and of those who sunk with her, attests the truth of this declaration. We know that many of these men came to California as pioneers, that they went unaided and alone into the mountains, endured the heats of a California Summer and the the rains of a California Winter, living in tents, and often subjected to hunger and thirst. They never mourned nor pined at their hard lot. They thought only of earning a competency wherewith to cheer the hearts of their wives and little ones in the East. These, men, as well as others who engaged in agriculture, trade and commerce, were generally true Californians and distinguished for acts of generosity, endurance and contempt of danger. It is our belief that very few of these men are in the present Legislature of California, or if they are, that they did not vote to adjourn the present session from Sacramento for the reason that it was afflicted with a flood, and hotels and boarding houses for a day or two were not in a condition to regale them with their usual comforts and luxuries. We do not believe that true Californians would vote to put some $10,000 or $12,000 of the people's money into their pockets without rendering any equivalent therefor, and hurry themselves away to a locality where they could find amusement and pleasure, where the streets were not quite so muddy, where delicacies could always be procured, and where the cries of the suffering and distressed could not reach their ears. If true representatives of the people were even inclined to vote away the public money gratuitously, we are of opinion that they would sooner give it to relieve the necessities of the men, women and children who have been left homeless and penniless throughout the great valleys of the State, than selfishly appropriate it to minister to their own personal gratification, without rendering any service to the State, whose interests they were elected to care for and protect. There are hundreds and thousands of women in this city and Sacramento valley, who would scorn to leave their posts of duty as these recreant representatives have done on the first appearance of a little discomfort. They have bravely stood by their husbands, fathers and brothers through all their trials; and when invited and urged to leave for other towns and cities where they could be made more comfortable they have resolutely declined, preferring rather to live where duty called than selfishly study their own personal well being. An invitation was tendered yesterday to many of these women by the generous people of Folsom, but it was respectfully and firmly declined. Such examples of heroism and self-sacrifice might well be imitated by the nice little Senator from San Francisco and his associates in the project for removing the Capital because they could not get their usual luxuries or were afraid of soiling their well polished boots . . .

LAND SLIDE EXTRAORDINARY.--The La Porte Messenger of January 11th chronicles the following :

A remarkable land slide took place within a few hundred rods of La Porte, on the St. Louis road, on Friday afternoon. Several acres of the hillside started down the ravine, carrying away portions of the road and two ditches. Barns' water logs are transplanted in the most inconceivable disorder. This cuts off the supply of the town water works, but the Lord knows our chance is slim for suffering at present on that account. The loss, at this season, however, is a serious one to the proprietor. The ravine forms a half circle, or basin, at the place of disaster, and is about the last location a slide would have been expected. The confused position of the large trees thus moved from their birthplace is suggestive of a high old spree among the monarchs of the forest. As we detain the press for this item we can give no further particulars.

THUNDER STORM.--The rain in San Mateo county on Thursday, January 9th, was accompanied with peals of thunder, which is thus described by the Gazette:

It is music not often heard on this coast, and in this latitude, but this (Thursday) morning, as we write, we hear its deep toned anthems swelling o'er the western hills, and feel that though appearances would indicate that God had removed his bow from the heavens, and withdrawn his promise to man that the earth should ne'er again be flooded, yet he had not withdrawn from us the sweet sunrise with which he lulls the storm . . .

SAN JOSE.--The following dispatch was recently received in San Francisco:

SAN JOSE, January 13-- 2:50 P. M.
H. F. Teschemacher, Mayor of the city of San Francisco--Sir: Our citizens having learned last night by telegraph of the distressed condition of our friends and fellow-citizens of Sacramento City, are actively engaged to-day in devising the ways and means to assist, as far as in their power, the noble efforts of San Francisco in relieving the unfortunate citizens of Sacramento. A public meeting will be held to night, and I will take great pleasure in communicating to you their action at the earliest moment.

With the highest regard I remain your obedient servant, J. W. JOHNSON,
Mayor of the city of San Jose.

DAMAGE TO GRAIN.--Owing to the great rise of the small streams flowing into the bays of San Pablo and San Francisco, great damage has been done to property along their banks. At Louck's Landing, says the Alta, the water in the warehouse was on Sunday seven feet deep. Some 15,000 sacks of grain were here spoiled. At Martinez and Pacheco heavy losses were sustained. At Jacobs' Landing there was an immense amount of grain destroyed.

UPSET--On Saturday Dr. Tilden, "Hakatone," Mr. Nichols, Mr. Havens and Mr. Snyder, got into a boat to pass from town to the Asylum, when getting into a very rapid current near Mr. Hart's residence, the bow of the boat was forced under the water and the boat upset. Dr. Tilden was fortunately lodged in the forks of a tree near by, but "Hakatone," was pitilessly soused into the water with all the rest. The water was about five feet deep.--Stockton Independent, Jan. 13th.

DEATH OF SQUIRRELS.--The present flood has had the effect of drowning myriads of these pests, and compelling those escaping the flood to "roost higher." Nearly every tree and bush in localities where squirrels and gophers are numerous contains one or more of these animals. A gentleman from the Calaveras informed us that he had killed no less than a hundred that had taken refuge in the tree tops. Stockton Republican. . . .


The Storm in Carson Valley--The Election.

CARSON CITY, Jan. 14--8 P. M.
There has been no damage sustained by the last storm in this city. Dutch Nick's, three miles below town, was overflowed, water being eight feet on the floors, damaging furniture, etc. Nick's loss is $2,000. H. Kinney's hotel is damaged $4,000. A. Jones' (blacksmith shop) loss is $1,500. A man named Tolls was drowned in Carson, below Dutch Nick's, in attempting to save a stick of timber that was floating down the river. Smith and Rey's and Ash's saw mills, at the foot of the mountains, were swept entirely away. At Franktown, in Washoe Valley, Little & Co.'s mill was again washed away. There was no damage done the Ophir Company's works. Nearly all the hay in the valley has been swept away. Holders now ask $100 per ton. . . .


At noon yeaterday, a number of leading citizens assembled in the District Court Room, to consider what measures should be taken with reference to the condition of the streets, and to decide upon some course of action.

Dr. HOUGHTON nominated Mr. Shattuck, President of the Board of Supervisors, for Chairman, but Mr. S. declined; he had been working very hard, he said, in mending the streets, walks, etc , and could see but little use in talking while so much work remained to be done. McClatchy also declined. Dr. Houghton was then elected Chairman, and D. J. Thomas Secretary.

Dr. Houghton said the object of the meeting was to make arrangements for the repairing of streets and crossings, and affording ingress and egress to and from this city. He wished to make a few remarks, while speaking, on permanent improvements. Those who had been present at a similar meeting held several days ago, were aware that they voted unanimously in favor of repealing the consolidation of city and county. In that event there must be new order of things--whether a new government, confided [?] to Trustees, or Commissioners selected by the people, or by a Mayor and Council as in the past, that was for citizens to determine. But we must take some preliminary steps. The most potent reason for this which occurred to the speaker was, that there were hundreds and thousands in the city who never would go through an ordeal of this kind again. They had been toiling eight or ten years, and in an evil hour all had been taken from them. If property holders, however, intend to fortify themselves, they would be induced to remain and go to wcrk again, would build up cottages and cultivate gardens and have all the surroundings of a pleasant town. We could not afford to spite that class; they were all needed--there could be no mistake about it. He deemed it necessary, at the earliest possible period, to have the sense of the citizens, who should appoint a competent engineer--one intimately acquainted with hydraulics. But there was another consideration worthy of attention, and that was the reclamation of swamp and overflowed lands. The Commission had $270,000 or more in the treasury, and were going to construct a levee on the north side of the river of a certain hight, and also on the Yolo side. His private opinion was they could do nothing at all; that the money was all thrown away. Still it was the law of the land. We want a man not only to locate this levee, to determine its hight and breadth, but also to give an accurate estimate of the cost. This was, to his mind, a very serious matter. He knew some people thought it would cost only a few thousand dollars to build a levee, but he himself had the misfortune to differ. One thing was certain. We had either to abandon this city or fortify it. He did not think the people were willing to give up millions of property for the sake of two or three hundred thousand dollars.

Mr. BOYD said he had seen the Citizens' Committee, who were willing to furnish the material and work to repair J street, and the lumber for K street, if the Chain Gang would lay it down in K street.

Mr. SHATTUCK said the Chain Gang had been at work, and were going to keep on until they had the crossings all fixed, from Second to Eighth street. Every man that he had yet seen was willing to furnish nails, spikes, and lumber for crossings.. This had been done as far as the work was completed. He had no doubt it would be done all the way up. He guaranteed the Chain Gang should work, and he himself would work with them.

Mr. BOYD said whatever was needed besides, the Citizen's Committee would furnish.

Ex-Governor BIGLER sad he had heard of something going on, which, if carried out by these engaged in it, the people in the interior who were driven to it, would affect this city severely. This was a business community; the inhabitants of this city muat go farther than had been proposed, and must reach the high land outside. If they did not, they would find within the next week competition going on outside. Men were now meditating a project of that kind. It was necessary to have brldges between J and K streets, and to make it easy to go to Thirty-first street. If teamsters and the people in the interior were told that they can't get within the limits of the city, it certainly would have a very bad influence on Sacramento. Bridges were necessary to protect our business interests. Whether the Committee had money enough, he could not say. They had been laboring with indomitable energy, and he did not think there was a man within the sound of his voice who was not entirely satisfied with their labor. But that was not the point. We must go over the whole question, look at all the dangers surrounding us, and meet them so far as we can. A great misfortune had come upon us, but it was certainly not a time for men to turn their backs upon a matter of this kind. Those engaged in the commerce of the interior expected the people of Sacramento to do the work, to the extent of enabling them to reach the town with safety. He hoped these suggestlons would meet the consideration of the Committee as well as this meeting.

Mr. McCLATCHY said, in relation to the matter spoken of by Governor Bigler, that he understood several of our merchants had been up yesterday, and there were more gone to-day, for the purpose of ascertaining where they can find a good location for a temporary trading post. The railroad was finished as far as Patterson yesterday, and would probably come as far as Brighton to-day. He was informed they could get things cheaper to Brighton by steamboat than to the fort above the town. The railroad could not possibly be repaired to the city in less than two weeks, no matter what the weather might be. He understood the water was now running on J and K streets as far up as Thirty-first street; it was impossible to reach the fort.

Mr. HEREFORD stated that the Citizens' Committee would lay down the crossings along J street, as far as Ninth, and Mr. Shattuck, with the chain gang, on K street, as far as Eighth.

On motion of Dr. MORSE, the action of the Committee, in improving the streets, making the Capitol accessible, etc., was approved.

On motion of Mr. WARWICK, the meeting adjourned. . . .

p. 3


SAVED FROM DROWNING.--Between twelve and one o'clock yesterday, a man whose name proved to be Henry Osborn, was seen floating on a log in the current of the Sacramento opposite M street. His craft--on which he lay at full length, calling, "Save me!" "Save me!'"--made excellent time towards the Bay. Several boats were at once manned and started out to his relief. Benjamin Lord and J. Stephens, with a boat belonging to the steamer Defiance, overhauled him first and rescued him from his unenviable position. He was afterward taken on shore, and being thoroughly chilled and in need of a dry suit, was sent to the Pavilion for accommodation in that line. He had been passing along the river outside of the steamers and struck the wheel of the Nevada and upset. Thinking a solid log better than no boat at all, he clung to the only one within reach.

J AND K STREETS.--The subject of the improvement of J and K streets from the thickly settled portion of the city to the fort, has been discussed within a few days past. This work should certainly be done as soon as practicable. There are several deep cuts across J which should be bridged, and across both it and K the gravel is worn away in many places to such an extent that wagons cut through it and mire down. At Eighteenth and J and several other points, there are deposits of soft mud at least four feet deep, which will have to be disposed of in some manner before teams can pass.

CALL OUT MEN.--The Howard Benevolent Society have at present employed a set of strong and sturdy boatmen, who constantly perform in the most gallant spirit the most difficult and important service in the humane work of that Association. They are always ready to obey promptly the directions of the officers. They frequently go miles with loads of provisions into the country against the powerful currents which course through the various channels around the city. They were paid yesterday for services so far rendered. They each tendered to the Society $10, and wished to be admitted as members of the Society.

AFTER STOCK.--At about 2 o'clock P. M. yesterday the steamer Goodman Castle, with a large barge, started down the river for the purpose of saving such stock as is still alive and can be secured. The steamer goes out under charge of Edgar Mills, who intends to send out boats on either side of the river to proffer aid wherever it is needed. The steamer Sam Soule, Captain Pierce, went off on a similar expedition to Cache Creek slough at four o'clock last evening. Both boats are sent out by the Howard Benevolent Society.

KEPT GOING.--During the late inundation of the city the difficulty of cooking food on account of stoves and ranges being submerged was so great that but few of the hotels were able to furnish regular meals to their boarders. Patten & Tubbs of the Golden Eagle, George H. Mixer of the City Hotel and J. Peasley of the What Cheer House were exceptions to the general rule. It was necessary to rig stoves in the second stories before the object could be accomplished.

FIRE.--At about half-past seven o'clock last evening the hay warehouse of Drury Malone, at Eleventh and E streets, with its contents, was destroyed by fire. It contained about two hundred tons of hay, raised on Hutchinson and Green's ranch, and owned by Malone and General Redington. Twenty-five tons of the hay was under water. It was partially insured. The building was inclosed by a tight board fence twelve feet high. The loss is estimated at about six thousand dollars.

AID FROM FOLSOM.--Alfred Spinks came to the city from Folsom yesterday, to tender the aid of the citizens of that place to such Sacramentans as are in need. The ladies of Folsom at first, and subsequently the men, organized, raised a fund, and provided accommodations for any who might choose to remove to that point and accept them. They appointed A. Spinks as agent to make known their action on the subject. . . .

STREET CROSSINGS.--After the adjournment of the meeting of citizens at the District Court room yesterday, the Committee of Safety made airangements for at once laying street crossings along J street, between Second and Ninth Streets. They will also furnish lumber for crossings, which the chaingang will construct, on K street.

DESTROYED.--A vast amount of wheat and barley has been again destroyed by the last flood. Dealers were busily engaged yesterday in removing it from their stores. The most of it might be used at once for either seed or hog feed, but ranchmen are unable to get in and out of the city with teams to haul it, and there is no ground plowed ready to sow. . . .

INQUEST.--Coroner Reeves went to Sutterville yesterday afternoon to hold an inquest, but found that Justice Krouse had attended to the duty before his arrival. The body of an unknown Chinaman had been found floating in the water. No information as to his identity was elicited. A verdict was rendered accordingly. . . .

BOOTS FOR THE CHAINGANG.--Each member of the chaingang was presented, yesterday, by N. A. H. Ball, of the Howard Benevolent Society, with a pair of boots. They have been working recently, poorly shod, in an effective and energetic manner, in constructing street crossings, etc.

LOSS OF STOCK.--Mike Brite, of Yolo county, lost on Saturday night last by the freshet one hundred and fifty head of cattle, of which eighty-five were milch cows. He lost about one hundred head a month ago. Of three hundred head about fifty only remain.

THE WATER.--The Sacramento river had fallen last evening, during the past twenty-four hours, about six inches, and stood at sunset at twentytwo feet above low water mark. This is a decline since Saturday night of about two feet. The water in the city fell yesterday about eight inches.

CAUTION.--Too much caution cannot be observed by small craft, either in the Sacramento river or in the open field below the city. Boats are constantly being drawn into strong currents, from which they are extricated with the greatest difiiculty.

DRUNKENNESS.--An unusual number of drunken men were visible on the streets yesterday. After a day or two of abstinence, caused by the fact that the liquor was under water all over town, many of them are making up for lost time.

MORE RAIN.--One clear day at a time is all we are blessed with during the present Winter. An additional rain set in yesterday, and continued through the evening.

THE CEMETERY.--A large number of horses have taken possession of the City Cemetery since the last inundation has driven them from the low lands adjoining. . . .

p. 4


Our dates from Los Angeles are to January 11th. We find the annexed intelligence: . . . .

LOST IN THE STORM.--The San Bernardino Patriot of January 11th says:

Just as we go to press we are informed by Sheriff Smith that he yesterday succeeded in finding the remains of Judge S. R. Campbell. Ten or twelve days ago the deceased left his home to go to Los Angeles. Not arriving there as was expected, his friends became alarmed as to his safety. The remains were found about five miles west of the church near Aqua Manse, every limb torn from the body, and the flesh nearly all eaten therefrom. It is generally supposed that the deceased became bewildered and lost his way in the late storm, and that his horse got away from him; and being very weak and feeble, he thus perished. . . .

Sacramento Daily Union, Volume 22, Number 3371, 17 January 1862, p. 1


In the Assembly, Monday, January 13th, the question being on a reconsideration of the vote by which the House on Saturday refused to adopt in concurrence, Senate Resolution, No. 9, relating to adjournment of the Legislature to meet in San Francisco,

Mr. WRIGHT said: Mr. Speaker, probably no member of this House enters upen a discussion of this subject with less of feeling and less of prejudice than I myself. On the motion to reconsider this resolution, I have to say--First, that I shall vote to reconsider this question because we have, as I fully believe, the legal right to adjourn to any other place that we may see fit to select, besides the city of Sacramento, and in support of this proposition, I will state, the Constitution of California provides in section 15 of Article IV, that this House shall not adjourn over three days without the assent of the Senate, nor to any other place without its assent. It follows from that that with the consent of the Senate we may adjourn for a longer time or to any other place that we may see fit. It has been practiced heretofore, it is the practice now, and it's a rule which the necessities of each and every legislative body require, because in a case of invasion, in a case of fire, in the case of any other disaster, whether it be by flood or otherwse, there may arise an exigency which will require adjournment to another place. Hence the people, when they framed the Constitution of the State of California, prescribed in that instrument that we might adjourn, and it is in the discretion or wisdom of the body whether we shall adjourn or not. I propose to read some authority upon that question from "'The Law and Praceice of Legislative Assemblies," by L S. Cushing, page 567. He says, in referring to a provision like that whlch has been incorporated into our State Constituion, that the Legislative Assembly may adjourn to a day beyond the next regular sitting day; but, in order to prevent the inconvenience and delay which would result from the adjournment of one branch for any considerable time, it is commonly provided in the State Constitutions that neither branch shall adjourn more than a specified time without, the assent of the other. That is the case in our State.

Mr. BELL--Who is this authority from which the gentleman quotes?

Mr. WRIGHT--L. S. Cushing, a very able authority. He says further, that the days beyond which either house is prevented from adjourning by this prohibition must of course be days upen which the other branch might sit, that is, legislative days. Therefore, an adjournment from Friday till the following Tuesday would be but an adjournment for three days, the Sunday intervening not being one of the ordinary sitting days upon which the other branch might sit if it should deem proper. In the following section (512) he says for the reasons stated in the preceding paragraph, it is also provided in the Constitutions of many of the States that neither branch, without the consent of the other, shall adjourn to any other place. These prohibitions are restrictions upon the proceedings of one branch independently and without the consent of the other; but if the two branches agree upon the time and place, they may adjourn to any other place and for any number of days they may think proper and convenient. This view strikes me as being conclusive. Now, Mr. Speaker, I shall vote for the reconsideration for another reason. The honorable gentleman from Alameda (Mr. Bell), presented before this body a certain decision of the Supreme Court. Since that time I have read and examined the decision, and I do not hesitate to say--which I believe cannot be contradicted --that that decision has no authority upon us--no authority why we may not adjourn. The decision has no reference to an adjournment. The question before the Court was where was the Capital of the State of California--whether it was at San Jose, at Vallejo or at Sacramento. It was a question upon the interpretation of a law, not upon whether this body could or could not adjourn. It had, I repeat, no reference whatever to that question. It may be here remarked that the position taken by Chief Justice Murray, as read by the honorable gentleman from Alameda, was only the position which he held himself without the concurence of the other Justices of the Supreme Court.

Mr. BELL--Will the gentleman allow me to say a word in explanation. That decision is a decision not of Chief Justice Murray, but of the Supreme Court of this State. The opinion of the Court was rendered by Chief Justice Murray, and is now the law of the land.

Mr. WRIGHT--That opinion was rendered by Chief Justice Murray, but every Judge upon that bench also delivered an opinion. Mr. Murray, as is usual in every case, in arriving at certain conclusions of law was obliged to discuss various subjects or propositions pertaining or relatlng to those conclusions. In arriving at the concluslon that the law prescribed what place should be the Capital, and that the Capital was located at Sacramento, which was the decision of the Court, he felt himself obliged to discuss all the laws and all the rules that had any relation whatever to the location of the Capital. I shall vote for this reconsideration for another reason. I believe, and by this time it must be apparent to every man that this Legislature cannot now sit in the city of Sacramento and transact its business properly--that the business of legislation will not be facilitated by remaining here. Why? Because the streets are inundated as they have been inundated for the last three or four days and sir, can you or any other gentleman tell me how long they will remain so? Already many of the dwellings of this place have passed away with the flood and others are crumbling. The massive walls of some of the most magnificent mansions of this city are trembling in the balance, and it has become with us a question of self preservation. There is a rule of law which gives to every man the right of self protection, and I hold that in this case, as men and as legislators, it is our right and our duty to flee frcm this Capital, along with many of its citizens who have already left their abodes to seek refuge elsewhere. Must we remain here? Are we to be crushed down and forced to remain in this deserted city? How is it in regard to matters of legislation? We might remain here as a body, but we have Committees, and the most important work of legislation is done by our Committees, which must of necessity meet in the morning and in the evening. I hold, then, that it is impossible to remain here and transact our business. Another reason why I shall vote for the reconsideration of this question is, that we must of necessity, if we remain here, adjourn for three or four or at least two or three weeks, and any proposition to adjourn, even for two weeks, would in its effects be more disastrous upon the general prosperity of the State than it would be go at once to the city of San Francisco. The expense in remaining here idle for a week is nearly ten thousand dollars, and for two weeks it would be twenty thousand, and I venture to say that the Legislature, with all its necessary appendages, can be carried to the city of San Francisco for twenty-five thousand dollara at the utmost, and that a suitable hall can be obtained there at an expense of five thousand dollars for the session. Then, sir, as a matter of economy, I beiieve it would be right and just for us to remove, and for these reasons I shall vote for ths reconsideration.

Mr. KENDALL--Mr. Speaker-- .

Mr. BARSTOW, the Speaker (Mr. Shannon occupying the chair)--Will the gentleman give way for a moment for a personal explanation. I desire the indulgence of the House that I may ask the gentleman from Alameda (Mr. Bell) a question. I desire to ask him if his remarks as made on Saturday and reported in the UNION of this morning are correctly reported?

Mr. BELL--I have not had the pleasure of reading the report in the UNION; if the honorable gentleman will read what he refers to, I shall be able to state whether the report accords with my recollection of what I said.

Mr. BARSTOW--The gentleman is reported to have said this: "As to the legal question involved, the Hon. Speaker and myself, when we heard of the previous calamity which had befallen this city, examined the law, and we found a decision of Chief Justice Murray, in a celebrated case which involved the seat of Government as between Sun Jose and other places. I sent for the volume containing the decision half an hour ago, and expect to receive it in a few moments. If I am not incorrect, this is substantially his decision--that the Legislature of California may elect to assemble in any place it chooses in this State and pass laws, but that those laws will be void unless the whole Capital goes with the Legislature, and every officer thereof."

Mr. BELL--I think that is about the style of expressicn I used, sir, as near as I can remember.

Mr. BARSTOW--I desire, then, only to make this explanation, that if the word "we" had not been used I should not have any reason to explain, but the use of that word involves an implication that I expressed the same opinions as those to which the gentleman from Alameda arrived. I beg, therefore, to say now, that I neither expressed nor came to any such opinions. On the contrary, I came to the opinion that it was manifest from the decision itself, that the question was not before the Court . It was the case of the People vs. Bigler, in 5th California Reports, and the question was whether, after the Legislature had once removed, upon the question of a second removal it was necessary to have a two-thirds or only a majority vote. In deciding that question there is a dicta thrown out by Chief Justice Murray that the place of legislation is essential to the validity of the Acts of the Legislature. That is entirely correct. That is to say, should the Senate adjourn to San Francisco and proceed to legislate, the Assembly remaining here, all Acts so passed would be void, because the constitutlonal requirements would not be complied with, to wit, that both branches must concur in the act of temporary removal, for that is the only question that has been before the House. I desire to say that I even came to the opinion, and have ever since remained of the opinion that there is no legal objection, nor constitutional objection, no legal obstacle nor constitutional obstacle in the way of the two branches of the Legislature of California adjourning temporarily to any place upon which the two bodies shall concur in a resolution of adjournment. I only desire to add this remark, that while I do not arraign the motives of any gentleman upon this floor, yet I feel it to be very unfortunate, not to say mortifying, that any member of the Judiciary Committee should have fallen into so glaring a misapprehension upon matters of law, as that into which the gentleman from Alameda has been betrayed, touching the matter now under consideration in this House. {.Applause.]

Mr. BELL--I claim the indulgence of the gentleman from Tuolumne whilst I make a personal explanation.

Mr. KENDALL--For one moment.

Mr. BELL--Mr. Speaker: I imagine that no gentleman in this Assembly, and possibly no gentleman in the world, has more profound regret than I have when I see an animus on the one side or the other, with a little too much furore instilled into it, in relation to the vote of any honorable member on any question whatsoever that comes before this House. Just one word of explanation on that point. I cannot, by any conceivable process of reasoning, see why I should not be very mad at anybody who chooses to vote no upon a proposition on which I vote aye, except that always that kind of respect which I have for my own opinion would make me have the same respect for the opinions of others; and I always disassociate the man, the gentleman and the legislator from his right or his high duty of expressing or voting in accordance with his opinion. Why gentlemen should be bitter [?] against me, should rail against me, should come out with what vioolent [sic] abuse they may choose to indulge in against me, because I vote aye upon a certain proposition and they vote no, I cannot understand; and it seems to me that I would consider myself beneath the position of any man who should dare to have and express an opinion upon any legislative action in this Assembly, if I could not think just as well of the man who voted against me, upon any proposition, as of the man who voted with me. This sort of thing ought always to be unknown. In a legislative body no bitterness should spring up against any gentleman, let him cast his vote as he may. We have just as much right to vote upon one side as upon the other, and with any self eulogy, whatsoever, I say that I never had any greater or less opinion of any gentlemen for having voted with me or having voted against me. In either event I conceive him to be an honorable man because he is called honorable here, and I conceive him to be honest because the people have selected him to make the laws for their government. Now the Hon. Mr. Speaker Barstow will do me the credit of admitting that when facts are stated the House can draw its own conclusions. Mr. Speaker Barstow has stated the facts correctly and drawn his conclusions from them. I honor him for it. Now he will permit me to state the same facts and my own conclusions also. I called upon the honorable gentleman from San Francisco, whom I am proud to claim as my friend always, upon this and all other occasions, and at that time was being discussed in San Francisco, as here, and elsewhere, the great calamity which had befallen this city of Sacramento, and the necessity which we might be under of removing the Capital of the State to San Francisco. Mr. Barstow then evinced that care and skill and legal ability that always distinguishes him--that kind of self balance and equipoise of mind which characterizes him. I might have made some remark on the subject of removal when, said he, "Have you looked at the law?" Upon this we went to his large library, and considered for a moment in what book we could find any law bearing upon the matter. After such consideration we concluded first of all that there must have been some decision in the settlement of the case as to which of the cities of this State was the Capital, for we knew that this was not the first time that this Capital had been proposed to be put into a boat or into a mud-scow and navigated up and down the Sacramento, across the Plains and over these friths and forths and all sorts of places, until we have come to obtain the reputation of being a floating legislature. We remembered that the question came before the Supreme Court, and I remembered about the year, and at last turned to the volume in which the decision was to be found, and in looking over that decision Mr. Barstow and myself came across certain opinions of the Supreme Court Judges. Allow me here a moment's indulgence whilst I state one proposition. I have known gentlemen as profound as Daniel Webster, I have known lawyers as eminent as Judah P. Benjamin, to make some of the grandest of all possible legal mistakes. I have known as eminent a lawyer as Judah P. Benjamin to make so grand a mistake as to leave the free State of California, after having received $20,000 in a great case, and go back to the Senate of the United States, and there find law to justify treason. I have known as profound a statesman and jurist as Daniel Webster to go before the Supreme Court of the United States and there make so grand a legal mistake as to propound before that Court the proposition that there was an established religion in these United States. Now, if I should make a mistake on this legal question, without an apprehension or claim of following in the footsteps of men so illustrious, I sincerely trust that neither of the honorable gentlemen from San Francisco, for whose opinions I have the highest esteem, will in the inmost recesses of their bosoms suppose for an instant that it arises from anything but my having failed to study the subject thoroughly, or a lack of judgment, and from no ill [?] disposition on my part. There are some men we know that are a sort of instinctive lawyers, and we have known some men that were profoundly reared and bred, and have profoundly studied the law. Now I claim, with all the instincts of my nature, and several years of study, to be that much of a lawyer and no more. But the gentleman from San Francisco (Mr. Barstow) is that kind of a lawyer who is careful and feels his way, who never steps forward until he feels the rock upon which he is next to put his foot. I honor him for it. We reached that dictum of Chief Justice Murray. Now, Mr. Speaker and legal gentlemen, I ask you to notice this: We may admit that it is true as an abstract proposition, that neither dictum nor dicta of any Judge upon any subject is binding law. Yet I do maintain that it does not remain dictum or dicta when that opinion covers the very merits of the question, and constitutes the facts and reasons upon which the decision is founded. What means the Act of the Legislature when it says that every decision of the Supreme Court shall be given in writing; that their opinions shall be given at length in writing? What does that mean? Why should not Chief Justice Murray have said in his decision that Sacramento is the constitutional Capital and San Jose is not? That is the kind of law and the kind of decision that the gentleman wants--the simple, bare, unadulterated, stub-and-twlsted act that they had to decide, without giving a single reason for that decision. I say the facts and reasons of the decision are more important to you and to me than the decision itself. They may not be very important to San Jose; they may not be very important to Sacramento or to Governor Bigler or others who were directly interested in the decision. But they are more important to those who wish to know the law, who wish to know those rules of the law, those facts of the case, these mighty principles upon which decisions are made. Therefore, I say that those facts are not dictum, these facts are not dicta; nothing of the kind. They are the rocks upon which the resolution rests. Now, sir, yesterday I was tired; it was Sunday, and it is a relief in the midst of this political bustle to be delivered a day, at least, from being run down by the business of legislation. But yet, on Sunday, I was called upon by some of my friends--half a dozen of my particular friends--those old friends, I mean, whose countenances I saw burning with rage against me, because I tried to stand by the right; men who think bitterly of me because I happen to vote no upon a proposition on which they voted aye--and when I get so low down as to think less of any man because he chooses to have an opinion within this free country, may I never be trusted by the people to give a vote in this or any other capacity; never! I respect the sovereignty of the Representatives and the Senators. I respect the sovereignty of a man when he gives his opinion, and when I give mine, I intend to be respected. [Applause]. Now sir, what do you mean by dictum, and what do you mean by dicta? Why, Mr. Speaker, I believe you are a lawyer, certainly you have been here so long, from time to time--and I congratulate your constituents for the wisdom and discretion they have exhibited in selecting you to represent them. You have been here, I say, so long, that these keen blades here must have acted upon you, grinding you to a similar keenness, and perhaps you grinding them; now I appeal to you and to all gentlemen who hear me, to judge in this matter. It is said by these technical lawyers, and you know we all delight in technicalities, we have the utmost respect for cutting down and out, and taking out the very gist of the thing, the little intricacies of the web and network of legal opinion--we love these things--it is said by them that here is the statement: the application was for a mandamus to compel the Secretary of State, the Treasurer, and the Controller, to keep their offices in the town of San Jose, upon the allegation that it was the seat of government. Now are they confined to that statement altogether, and have they no right to that conclusions in regard to other matters. Why, Mr. Speaker, everybody knows that that was nothing more than the technical legal form of geting at of the question whether Sacramento or San Jose was the Capital of the State. Who cared whether the Controller, Treasurer or Secretary of State lived here or lived there? The great question was, was Sacramento or San Jose the constitutional Capital? And every fact and opinion that went to make up the decision in the case is not dicta, not dictum, but a part of the question in dispute. Now there is not a word said in that decision about the Supreme Court, and yet the Supreme Court rises and falls with that decision. It goes or stays with the decision. Not a word is said in it about the Governor, and yet he had to come and go with the Capital. Nothing is said in it about the Legislature throughout, and yet the Legislature has to come or go with the capital.

Mr. WRIGHT--Were there not three decisions in that case?

Mr. BELL--There were three, two of them in favor of the opinion of the Court. The decision is that Sacramento is Capital as against San Jose. Involved in that question came up the case of holding the Supreme Court as well as these offices. Involved in it waa the place there the Governor should keep his office, as well as where the Secretary of State and Controller should keep theirs; and involved in it came up also the question whether the Legislature could pass an Act that was valid in any other place that [?] at the seat of government. These were the questions. Now, sir, we read this decision in the office of the gentleman from San Francisco the honorable Speaker. Three sessions of the Legslature have been held by virtue of the Act to which reference was made. Vested rights have grown up under its provisions, and unless it be constitutional those three sessions of the Legislature that were held by adjournments, and Acts, and all sorts of ways, at Sacramento, at Vallejo, then at Sacramento, back again to Vallejo, then at Benicla, and back to Sacramento all go for nought. And here we are, on our fast anchored isle, in the midst of the mud, with the waves surrounding us; here we are after floating thus to and fro. Vested rights have grown up under its provisions, yet unless it be constitutional I hesitate not to say it is the opinion of the Supreme Court that by virtue of every rule of law the Legislature of the last few years--held in this town until it was decided the State Capital by law, held in Benicia until it was decided that it had been the Capital by law, held in Vallejo until that was decided to have been the Capital by law, within the last two years --is a dead letter on the statute book. That is the decision of the Supreme Court. Now, I am told, Mr. Speaker, that feelers have been put out for the Supreme Court--the highest tribunal in the State. Did the gentleman proposing this movement, do any gentlemen, think that the three honorable men comprising the Supreme Court of this State would so far forget themselves as to say in their closets privately, to any one, that they are going to override the decision of the Supreme Court, the decision of their predecessors, and to decide that if we meet on Mount Chimborazo, if you please, by adjournment of both bodies, our acts there would be legal? I ask if it is possible for us [?] to legalize our Acts, that are void by law, by any decision of any Court in advance? No, sir. If there is any impropriety about it, if the feelers spoken about have been put forward, then I hesitate not to say that we can throw back the charge of improper influences with tenfold power upon those men who have dared to suppose that the Justices of the Supreme Court would so far forget their duties, or that the Supreme Court, if it be true of them, would so far forget itself as to decide a question which had never come before them. Who is in the wrong now? It was charged against me that improper influences had been used. Now, if it be an improper influence for a man to rise from his bed and look around him upon this flood, and feel the risings of benevolence for those poor creatures who are suffering from the flood, and if afterwards, he contemplates the matter while at breakfast, and feels, after his conversation with Mr. Speaker Barstow, if you please, that notwithstanding these calamities there is occasion only to do right, though the heavens should fall in showers that appal the sons and daughters kith and kin of the patriarch of all floods, old Noah himself, sure, if under circumstances like these, I had resolved in my own mind to aid in doing right until the flood should overwhelm us that no vestige should remain of the State Capital, nor a single gondola, nor a single avenue leading to the edifice consecrated to making the laws had been [??] left in town--if I had so concluded to stand by what I considered to be right in this Legislature, then I say, if there be improper influence, then improper influences were used on my mind. I had an errand with the Governor, Leland Stanford, some few days previously, and I had a desire to see him. I understood he would be in his office on Saturday at ten o'clock. . I went there, and found him speaking to an honorable Senator upon this very subject, and knowing fully the determination in my own mind, as I had made it up that I was going to stand by the law as I understood it, and to stand by the right, I remarked to his Excellency, "At least, for myself. I intend to stand by Sacramento." If that be an improper influence, then I have been improperly influenced. And that is all the influence, near or remote, high or low, crooked or plain, that hath in any wise been brought to bear upon me. The honorable gentlemen spoke of improper lnfluences; let them remember that no man thinks of these things unless he knows in his own soul that he loves them. No man thinks evil of his neighbor until be knows what evil is in his own heart. Never, sir. When gentlemen speak of improper influences to me, what do they do? They simply prove to me that these improper influences are congenial to them, or they never would have thought of them. Evil be to him that evil thinks, sir. Now, sir, what, further does this Supreme Court say upon this subject? Says the Court, "I hold that the place is an essential ingredient to correct legislation, as much so as it is to a proper administration of justice." Now, Mr. Speaker, you know what that means. You know the Supreme Court did not want to come to Sacramento. They loved the little cozy town of San Jose, they would like to be in the city of San Francisco; we would all like to. They made the decision contrary to their own feeling, as I trust I cast my vote on Saturday contrary to mv own feelings and interests, contrary to the little comfort and conveniences and those nice little things which make legislation so delightful and pleasant--the cozy time, the pleasant evenings, the glorious days. All these things said to me, ''Bell, vote aye!" But the law and the decision of the Supreme Court said, "Bell, go in, up to your chin; and not a single ark to take you in--stand by the right!" [Laughter]. Now, sir, I hold--

Mr. HOFFMAN--I rise to a point of order. I call attention to the rule, which declares that, upon an explanation, a person ahall not discuss the subjeet matter.

The SPEAKER pro tem overruled the point of order.

Mr. BELL (proceeding)--A decision of the Supreme Court is worthless, and an Act of this Legislature is worthless if not rendered or passed in the right place. That is not dictum: these are not dicta, but he [sic] essential facts and opinions upon which the decision is founded. "And," continues the Court, "if a decision be coram non judice--that is to say--if a decision would be by a Court without jurisdiction, "because the Court was not holden at the place appointed by law, by a parity of reasoning the Acts of a legislative body done at any other than the appointed place by law must be equally void." The Supreme Court and this Legislature stand in this respect upon the same footing. The Chief Justice says, further, "That there can be a de facto"--that is, for the time being, or as a matter of fact--"seat of government; or that the reasoning which would render obligatory the acts of a de facto officer"--that is to say, an officer really doing the duty of the office, "can apply to this case, is a proposition I cannot assent to." He cannot assent to a proposition that if this Legislature adjourn to San Francisco that because it would be de facto a Legislature therefore its Acts would be valid, because he says the place is as important as the fact of legislation. These words are not dictum or dicta, but the strata on which this decision rests. After the gentleman and myself had read that decision over, I do not know what conclusion he came to, for he is as sagacious as he is profound. I do very often get off my balance, very often say foolish things, a great many times commit preposterous blunders, but for that reason I have the greater admiration for a gentleman who never does these things. He is a sort of equipoise to myself. So when we had read the decision and I had made some remark as to its bearing, the gentleman, with all the wariness and sagacity that distinguishes him, said "Hold on, let us look at the Constitution." So we turned to the Constitution of the State of California, there, in Mr. Speaker Barstow's office, and after looking at the index, and a little more at the Constitution in detail, we hit upon this celebrated Section 15 of the celebrated Article IV, headed Legislative Department, and he read from that aud I read from that; and he re-read it and so did I; he read it again and so did I; and we passed upon all its words, and cogitated upon it, and what conclusion he may have drawn I do not know, and what absolute conclusion I drew, if I drew any, I do not absolutely remember. There was doubt about the matter--a good deal of doubt. Let us read it--"Neither House shall, without the consent of the other adjourn for more than three days." That is fairly understood. "Nor to any other place than that in which they may be sitting." That is one of those phrases, I candidly confess, which is most difficult of solution. Now allow us to be technical a little. Does it not mean that the Assembly shall not adjourn to meet in any other chamber. "Place" is one of the most indefinite of terms. This is a place; the Senate chamber is a place; the corner of J and Fourth street is a place; this entire Capital is a place; San Francisco is a place; this whole State is a place; the empire of Austria is a place; it is a place where the gentleman from Solano sits; and another place where the gentleman from Placer stands. All these are "places." What this constitutional provision means, with that word place in it, I confess it is almost impossible to fathom, But I think it means that the Assembly shall not have the privilege, for the sake if you choose of some trick or scheme, for the sake if you please of defeating the election of a U. S. Senator, of heading off the Senate, of throwing legislation into confusion, for the sake of a fight between the two branches of the Legislature, of adjourning tomorrow morning if they please, to meet at the parlor of the St. George Hotel, and there before the Senate could find us or anybody else, defeating any reconsideration on a notice given we will say by the gentleman from Nevada. Think what a horrible calamity it would be, if that gentleman were not permitted to get in his notice of reconsideratlon, or if it were defeated by adjourning to some place where the water would be above the gentleman's head and he could not wade to it so as to call up his notice. What a horrid calamity! Just think of it! Out of eighty votes in this House only seventy-seven were cast on that question. I venture to say that never before were seventy-seven votes cast upon any proposition in the history of this Legislature. There was no gag law, though I think they did seek to put that on at first, being as they supposed sure of their prey. When that vote was taken the floods were all around us, getting into our cellars and our parlors, and I find--oh wo the day! oh ye gods that preside over the destinies of men under such circumstances!--I find that the very privies of the town were inundated! Oh, dear! oh, dear! Oh, wo the heavy time! Grave Senators, in debate upon so grave a matter, declare that it is impossible to remain in this place, for the calls of nature overwhelm them so that they have to go to San Francisco to obey.
"O wo! O woful, woful, woful day!
Most lamentable day! most woful day,
That ever, ever I did yet behold!
O day! O day! O day! O hateful day!
Never was seen so black a day as this:
O woful day! O woful day!" [Laughter.]
I think it is very sad, sir; I pause to dwell upon the saddening picture that is conjured up in my soul. Just imagine such a calamity as it would be not to be allowed to reconsider that vote, after a fair and square vote of seventy-seven members. Now as to this matter of improper influences; I see before me many men who have supported many bridge measures, and they can testify whether or not any man ever dared to approach me with improper influences, or to think in his heart that be could dare to so approach me. But I am charged with improper influences because I sometimes think I can afford to vote a little liberally, that I live in a State of great men, where if a man wants a hat or a clean shirt, he buys it, and where if the State wants a new hat, a pair of boots or a clean shirt, and I vote to buy it, I do not think the great State of California will on that account totter to its ruin. I have become sick to the very bottom of my bile at the thought of forever and forever the subject of five or ten dollars and some cents having their influence upon all subjects of legislation. Is it true that there is nothing in this State but can be bought and sold? Is it true that every emotion of our nature is worth only what it can be sold for in gold coin? No sir; all these things are gammon. Now as to these facts. The honorable gentleman from San Francisco and myself were undecided upon that subject, but when I come to look the matter over I find from all the history of legislation, that in all human probability this provision of the Constitution refers to those keen tricks and that shrewd management of political and partisan schemes whereby great measures are often carried or defeated, I declare it is impossible for me to discern from the mere word "place" whether it has reference to cities, or whether it does not rather refer to the different chambers or different buildings in the particular city where the Legislature is sitting at the time. In my humble opinion that is its meaning. It is for the purpose of counteracting any such shrewd political or partisan schemes affecting legislation. That is what I think, but if any other gentleman thinks the word "place" means San Francisco, Marysville, San Jose or any other town. I certainly wlll not charge that improper influences have been brought to bear to make him come to that conclusion. But suppose there is a difference of construction, as there very well may be; what then? Any lawyer and. every other man knows, and the heart of the gentleman from San Francisco beats in his bosom at the thought that there is a remedy. Every legal gentleman anticipates that remedy. It is the interpretation of the Supreme Court, and that interpretation I have read to you, not as dicta, but as the foundation of the decision given by that Court, I have read it, and interpreted the Latin in it to the best of my scholastic ability, word for word, and that is the law of the land. Now I know the gentleman from San Francisco will bear me witness that I have stated the facts, and I have not implicated him.

Mr. BARSTOW--As the gentleman appeals to me, I have only to say: If you leave the House to infer that I coincided with you that that was the decision of the Supreme Court, then you misrepresent me. And further, that if you leave the House to infer that I thought the dicta was wrong, you misrepresent me.

Mr. BELL--I certainly do not.

Mr. BARSTOW--The dicta is right that the place is essential, but the two Houses concurring by resolution can fix the place, and the place is legal.

Mr. BELL--You did not mention that at that time.

Mr. BARSTOW--I do not know that I mentioned it, but that was not the place; here was the place to decide the question.

Mr. BELL--Then the gentleman and myself parted with an understanding that I was to visit some library, and endeavor to find a precedent for such removal in some other State. The gentleman told me that he would do the same thlng. I did perform my part, by going into the very largest library in San Francisco, and did there by inquiring and examination, seek to discover whether just such a case had ever been decided anywhere else in the United States, but I found no such decision. But I am informed this morning that there is such a decision. I am so informed by the gentleman from Del Norte (Mr. Wright), and I sincerely grieve that that gentleman is not with me in this matter. I was in the Senate when his county was named, and had the honor of proposing the name, Del Norte and now here comes a sort of son of mine from this Del Norte which I helped to create, and quotes to me, who helped, as it were, to give his county birth, the dictum or dicta of one L. S. or S. L. Cushlng. Who is L. S. or S. L. Cushing? What Judge or what jurist is he? Is he the son of the great Caleb? Him we respect, though a Democrat of the old, blue, unterrified, central, earth-planted, zenith raising Democracy. But who is this L. S. or S. L. Cushing? I ask the gentleman from Del Norte to raise him from the state of oblivion--to pluck him, like the fabled Phoenix, from the ashes in which he is consumed. I am told that his famous formula of parliamentary rule is to take the place of the manual of the great Jefferson; that this worthy nephew is about to supplant the great Caleb, for Caleb; too, wrote a manual. I am told that he is about to publish a manual to govern the Sons of Temperance, the benevolent societies, and all the sister Phoebe and Miss Nancy arrangements, for whom the great Jefferson is too weighty. No, sir; now that Cushing has given a single squeak, let him respect the memory of Caleb and be heard no more forever. I do not know what authorities the gentleman from San Francisco consulted on this subject, but I know I found none. A word about the personality of these matters and I am done. I have been suspected sometimes of being a little tenderfooted, and a little too elaborate in my personal appearance and general getting up. I admire my friend Mr. Morrison in that respect. Now, this town of Sacramento produces some gentlemen of the first water, like our old friend Col. Bowie, a rare military officer, and brave as Caesar. I have envied such men, with their unblacked boots and disheveled hair, and have some times started out with the intention, if possible of being in all that pertains to the apparel, at least, the most perfect democrat of them all--unshaved, unwashed, unkempt, unbreeched if you choose, and unbooted, with blackleg at least. I think that if for the sake of a little inconvenience we are going to leave Sacramento, the people of this State will come to the conclusion that their Legislature are the most contradictory, reconsidering and re-enacting set of men that ever was born on the face of the globe, to do battle with ignorance or to pass laws for a nation. We have had the reputation of being a floating Legislature. There have been Legislatures called the Legislature of a thousand drinks, the Legislature of a thousand resolutions and the Legislature of a thousand reconsiderations. I congratulated the gentleman from Nevada (Mr. Avery) that there is a prospect of his being the honored sponsor to give us the reputation of being another Legislature of a thousand reconsiderations. Here has come a time when it is our privilege to redeem our character, and I have a proposition which I have no doubt wlll meet the approval of all the assembled sovereigns.

Mr. CUNNARD--I rise to a question of order. The gentleman rose to a personal explanation, but I think he has got entirely beyond that.

The SPEAKER pro tem. (Mr. Shannon)--the gentleman from San Francisco (Mr. Barstow) having commenced this line of debate upon his personal explanation, I think the gentleman from Alameda in replying has a right to follow in the same manner and in his own style.

Mr. BELL--Here is what I propose; I have proposed it to a coterie of four or five around here, of those who are so anxious to go where they can run around a little in the night and a great deal in the day time; but I saw their countenances fall when they heard it. For my part, when I see the heroic soul of the gentleman frcm Los Angeles (Mr. Morrison), who is ready to forget his immaculate shirt and his well polished boots for the sake of standing by the right, I venture to feel assured that the sovereigns from Del Norte to San Diego, and from the Sierra Nevadas to the westernmost coast, will approve of my proposition. I would be willing to stand between the breast of every gentleman who shall vote for it, and the shafts of his constituents, and I feel assured that I could receive them harmless on my shield, as old Pilgrim did the darts of Apollyon--the devil. I think if with unanimous consent we can now resolve, suppressing every other motion before us, that when these waters abate--and I perceive that, as the man who could not get passage in the ark must have said, "Oh Prince Noah, the waters must be abating from all the earth"--so it must be that even while I am speaking, oh dainty legislators, the waters are abating even from the City of the Plains. Now, let us pass this resolution which I have proposed, nemo contradicente, that is, no man opposing it, that when these waters go down sufficiently every legislator of us, 120 men in all, and we may add our attaches--they are a little daintier than we perhaps, and a little less afraid of the sovereigns, but it may be that they, too, will agree to it--I shall move you, sir, when it becomes in order that these legislative bodies, the grave and reverend Senate, and this democratic, unterrified, heroic, stub-and-twisted, war sounding, pestilence breathing, death-to treason shouting Assembly, full of heroism, fire, powder and blood, full of all hopes, and ready to shout hosannas and paeans for any triumph over the rebel arms--and, sir, I trust that these gentlemen, some of whom tell us they have seen this city in the early days, when they could not touch bottom in it with a sycamore tree for a pole--and I would remind these legislators, and my colleague especially, who is a warrior bred and born--would remind all these old warriors of Mexican renown, these incipient officers that propose to fight under the stars and stripes, even down to the very center of rebeldom, that they will have to wade in the mud, will have to do without boots, or at least without blacking, they will have to do without tobacco, and tomato, and pomatum, and brushes, and fine tooth combs, and all the paraphernalia of the legislator--some of the names of which, you see, I have forgotten. [Laughter.] I propose, then, to all these heroic souls that are panting for glory, that when they can find footing in this town, instead of moving to San Francisco, or even to that delightful city of Oakland, where in satin slippers these men might dance fandangoes by moonlight or sunlight, either alone or with the fair senoritas that dwell among and adorn those glorious valleys--I propose, I say--and I see the soul of the gallant Clayton, the Sergeant-at Arms, beaming from the top of hls scalp at the thought of leading us to the rescue--we, one hundred and twenty legislators, and all the attaches, and particularly all those who expect to be attaches, for these men will work well I am sure, if I may judge from the way they have worked with me, in season and out of season with their recommendations, and their whispers in the ear--I propose, I say, that we one and all adjourn, and go to work to gather up the wrecks of the houses floating around, to gather up the wrecks of lumber yards, ard all the wrecks about the city, and let every man of us go to work with planks, and saw, and adze and nail, and hammer, and brickbat, and every thing a man can put his hand on, for the town seems to be public property now, so we may consider ourselves monarch of all things drifting with the tide--that we shall go to work to build passageways, sidewalks and crossings of street, in order that those dainty-booted legislators may be enabled, after paying two bits for the rarest of Day & Martin, with the most dexterous of contrabands in this city laying it on, to come dry to this house. I propose that we lay these sidewalks, and then, if need be, that we shall take the old carpets that we find hanging on fences and roofs to dry, and carpet these sidewalks as in olden times the streets were carpeted for the triumphal entry of a monarch, that every dainty legislator may come here upon a carpet high and dry above all the wreck of matter and crash of worlds--and so we may go on and pass the laws that our constituents expect us to pass, and go home and meet them like men. Like men, always a higher standard than like legislators--go home like men! In that way we shall have proved ourselves to be men.

Mr. WARWICK spoke at some length against the reconsideration. [We omit, the remarks of all the immediate representatives of Sacramento]

Mr. BATTLES--I did not mean to take part in this debate. But gentlemen have made statements of so erroneous a character that I am impelled to do so. The gentleman from Sacramento, Mr. Barton, has said it will cost $125,000 or $140,000 to remove to San Francisco. Now, sir, gentlemen who are perfectly responsible have proposed to remove everything it will be necessary to remove for $1,000, and I believe it can be done. It is only necessary to remove the desks of one hundred and twenty members, and that, I believe can be done for about two dollars apiece. The gentleman from Sacramento, Mr. Warwick, has stated that the removal would cost $100,000. Now does any gentleman suppose an appropriation, merely for removing a few desks, of as large a sum as that, or anything like it, would be carried through this body? I hope no gentleman would be guilty of voting for it, and do not believe that any Committee of three appointed by this House, or by the Chair, would agree to any such appropriation. Coming from San Francisco, I knew something about the conditions which would be offered to this Legislature there. The old U. S..Court building, I have been informed upon good authority can be procured for about $1,000 per month. Suppose then that the session lasts for three months, and I hope it will not exceed sixty days, that would make the entire cost $8,000. There are in that building two rooms which are better fitted for the Legislature than those which we now occupy. They would require nothing more than the removal of the desks into them. There are in addition some twenty offices, which would accomodate all the Committees and more than they would require. They would even accomodate the State officers and State library, if we found it necessary to remove them. Gentlemen of responsibility have proposed to me to remove the whole State library for $1,000. Let us go into a calculation of the matter. The gentleman from Sacramento proposes to adjourn for ten days. Now that would cost for the per diem of members and attaches, at about $1,500 a day, say $15,000 for those ten days. We can remove to San Francisco and get to work at a cost of $4,000 at the outside, including the rent of the building for the entire session; which would he a saving to the State of at least $11,000. The gentleman from Alameda has made an eloquent speech, and gentlemen here have occupied time at the cost of the State almost enough to get the Legislature removed. It seems to me that the opponents of this measure are making speeches against time. Mr. Hayes, I am informed offers his building at Hayes' Park free for the Legislature during this session. That would do for the Legislature very well, and it would cost very little to put it in order for them. The Committee may prefer to take that building. There are two or three other places there which would acommodate it very well, and from which the Committee might select. The representatives of San Francisco only desire that the Legislature should go there in order to carry on the business of legislation, and to get through with it in less time and at less cost to the State.

Mr. KENDALL.--This discussion has taken at wide range, and has been debated very ably on all sides. I shall undertake to add but a very few words. The legal aspect of the question has been fully and ably discussed by the gentleman from Alameda, (Mr. Bell) and it would be vanity in me to presume to repeat his arguments, or attempt to set them in a stronger light. But this it seems to me resolves itself into one of those purely common sense questions that we every day decide upon when we are unbiased by prejudice; and it is a question which should be decided here with the same readiness as that with which we would decide every other such question, arising in relation to our own personal affairs. We can, I think, rightfully claim that we have the law and the testimony on our side against the removal, but let us also view the question in the aspect of common sense. It is proposed to move this session of the Legislature from this place to the city of San Franclaco. Now I presume every one will admit that we cannot adjourn from this place to settle ourselves in San Francisco, and get to business in less than fifteen days. Suppose we are able to accomplish that, to move the desks, chairs, State library and archives, and get fairly in working condition even in ten days. Is it not better to remain here and adjourn over for that time, and save all this trouble and expense? If we pull up stakes here and go below, there is too much time lost and expense incurred in the removal. We all know from the precedents of the past that this removal cannot be effected without an expense of $10,000 to $15,000, and perhaps even $20,000 in the end. Now, if the removal takes place, we know it will cost that amount, and perhaps it may cost $50,000 each way. On the other hand, if we adjourn over here ten or fifteen days, this expense will be avoided. Aside from all this, I believe, and I think it is the impression and firm conviction of every member on this floor, that the proposition for a temporary removal to San Francisco is only a covert scheme for the permanent removal of the Capital of the State. Gentlemen have tried to conceal this in their remarks, but if there is anything impressed upon my mind more fully than all else in this discussion, it is that gentlemen have been trying to conceal their real object. I do not conceive that this is any question of sympathy for Sacramento or San Francisco, or any other place. It is simply a question what we as legislators owe to the State as well as to ourselves. I believe it would be better as a matter of economy to appropriate $200,000 to guard against future floods, than to adopt this expensive scheme. This much is apparent to all: Here, in this city, is bound to rise in the future time, perhaps far off beyond us, a commercial metropolis of vast wealth, where must be located a population of wealth, influence and refinement. It is unreasonable to suppose that the people of this city, enterprising and industrious as they have proved to be heretofore--for they have been through fire and flood--are going to remove elsewhere. That cannot be. This city of Sacramento has been located here, and is a fixed fact. Here it has been planted, and here it must grow. It is too late to discuss any question of removal of the city and its business elsewhere. That granted, and it follows that some measures will be taken commensurate with the occasion, to protect the city and property of the city against all danger hereafter. Then why urge this matter of adjournment? It is merely a step towards reviving that old expensive question of locating the State Capital.. Why not say, here we will remain, faithful to our trust, to our oaths of office, to the Constitution as interpreted by the supreme tribunal of the State; why not say we will remain here in spite of personal inconvenience to ourselves, true to the behests of duty, even should the floods come upon us so that the very steamers may be able to land at these Capltol steps. Sir, it is a matter entirely of personal inconvenience weighed against the interests of the State, and against the certainty that by removing elsewhere our whole action as a legislative body would be entirely void. Much has been heard about the disadvantages of remaining here. Why, Mr. Speaker, the floods are all over the State, every where; the floods have inundated the hills and the valleys--I might almost say the very mountains themselves--and we, as visitors to this city, are better off, better provided for, than most of our constituents, at least throughout the whole lower country of this State. Gentlemen may say that we should claim superior advantages and accommodations. It surprises me that this body of men, who have mostly lived in this rough country for the last ten or twelve years, should make any such claim. This is a matter of duty and law, and should not give way to questions of convenience, to clean shirts and boots, and all those little matters that to men who have been in this country for the last few years are not worth a single thought. Men should have learnt before this time to despise these little affairs, and should have inured themselves to transact their business without such non-essentials to comfort. We can transact our business in comfort and in health, and this flood may prove one of the strongest incentives to a short session. The state of things existing here, the deprivation of these little enjoyments of life, will prevent us from unnecessarily, at least, protracting the session.

Mr. REED--In determining my vote upon a question of this kind, I hold that it is my duty to be guided by the Constitution, and I do not know that there is any authority appointed in the State of California to construe the Constitution for me. I am to act upon my own responsibility, and to put whatever construction upon the Constitution I see proper. With this view of the question, I call the attention of the House again to that section of the Constitution of California to which reference has already been so frequently made--that no one branch of this Legislature shall adjourn for more than three days, nor to any other place than that in which they are assembled, without the concurrence of both Houses. Now, in the ordinary course of legislation, it never becomes necessary for one House to adjourn more than three days, but exigencies may arise when it will be necessary for both to adjourn beyond that time, and to some other place. Such exigencies in the history of Governments and Legislatures have frequently arisen, and I apprehend that the framers of our Constitution had such exigencies in view when they framed that article. Flood, or fire, or invasion are exigencies demanding the removal of the Legislature for a period longer than three days, and to another place, and I think such an exigency has now arisen. It is certainly a clear case, and within the very spirit and meaning of that article of the Constitution. In my judgment it was put there for the express purpose of meeting such an exigency. The gentleman from Alaameda [sic] (Mr. Bell) gets into a fog about the word "place." Now the rule universally obtaining in determining the significance of words not strictly technical is that we must take the meaning given to the word by common usage; and I submit to the candid judgment of gentlemen whether the term "place" is not used and may not be used as applying to the city in which the seat of government may be permanently located? For instance, if it is asked in what place the seat of government of California is located, we say in Sacramento. San Francisco is not the place of the seat of government. By using the term in its ordinary significance we find that the Constitution authorizes the two branches by concurrence, to adjourn to a place outside of Sacramento. That is my view, and I feel perfectly clear on the matter that by a temporary adjournment to San Francisco in the exigency which surrounds us we are carrying out the very spirit of the Constitution. But the gentleman from Alameda finds another difficulty in this decision recorded in the 5th California Reports. Now the gentleman from Alameda is a brilliant lawyer, while l am no lawyer at all. Still, with all due deference to his opinion, I am his peer on this floor, and must act upon my own judgment and be responsible for my own opinions and acts, as he is for his. Now I cannot understand that there is anything in that opinion, and I have read it carefully four or five times over, which interferes at all with my construction of the Constitution. If we were to attempt permanently to remove the seat of government to San Francisco the authority of that decision might apply, but when we attempt to adjourn there temporarily on account of the exigency surrounding us, by a concurrent resolution, I say the gentleman has produced nothing in that decision which in any way denies us the right to do so. If there was anything in the Constitution requiring us to stay here and struggle through the mud, I would be willing to remain; but there is nothing of the kind, and economy demands that we should adjourn to San Francisco, or some other dry place where we can get through our business as soon as possible. We must either do that or adjourn for a period, wasting ten or fifteen thousand dollars and protracting the session. And what assurance have we that even if we do adjourn for a time we shall not have another flood within three days after we have again convened? We know that the levees are swept away; we know that the mountains are covered with snow and the valleys are all full of water; we know that but a slight rain storm would suffice to flood the city again, and that would produce another temporary adjournment, costing another $10,000 or $15,000, and so on till no one can predict the end. Mark you, every day the session is prolonged by the influences of flood and mud, it costs the State of California $1,500. I propose, then, as a measure of economy that we adjourn at once to San Francisco, and I feel confident that the whole cost of that removal will not excend $15,000. Even if it should cost ten days and $15,000 to get there, we shall still have this advantage that we will then be certain that we are at a place where we can proceed with our business until the close of the session. We can secure no such positive advantage by adjourning to meet again at Sacramento. Now, in reference to sympathy for Sacramento in her hour of distress, I suppose I feel in my heart as much sympathy for the distressed people of Sacramento as anybody. But above all that, I recognize the fact that I stand here as a legislator, not to expend sympathy upon any town or any individual. I have no right to take cognizance, as a legislator, of the people of Sacramento. I would do anything in my power to relieve the sufferings around us here; but as a legslator, for the reasons of law and fact which I have stated, I have come to the conclusion that the interests of the State of California will be promoted, and the expense and length of this session reduced by an adjournment to .San Francisco. I regret the imputation that this is a movement looking to a permanent removal. I believe I am as firm a friend of Sacramento as there is on this floor, and I would not in this hour of her distress add the weight of a hair to her calamities. But I hold that the best interests even of the citizens of Sacramento should dictate this course. We can do the city of Sacramento no good by remaining here. Nobody will be benefitted by it except a few hotel keepers. Let us adjourn to San Francisco and perform the business of legislation, and during the season ensuing when the floods have passed away and this town is dry, and everything prosperous and pleasant, the citizens of Sacramento can reconstruct their levees, and give such evidence as is absolutely necessary of their ability to protect the city and the Capitol from floods, so that the next year the Legislature can come back here. Should this resolution carry I pledge my word that if any motion or suggestion is made to us for the permanent removal of the Capital, I will oppose that proposition as earnestly as I have advocated the question of temporary removal.

Mr. FERGUSON made a speech of some length in opposition to the motion to reconsider.

Mr. MACLAY.--I would like to know what the delegation from Sacramento want. Do they want us to remain here ten or fifteen days without doing business--to adjourn for that length of time, at an expense of $15,000 to $20,000, and then return to this city. I imagine that if we adjourn and go to our homes and some of the members cannot go there, and would be obliged to remain here in any event--we adjourn for ten or fifteen days and return at the end of that time, I imagine we will find another flood in Sacramento--higher, perhaps, than ever. Then we should have to adjoun again, costing $15,000 or $20,000 more, and God only knows where we shall end if that course is to be pursued. The Sacramento delegation fight very hard indeed to have the Legislature remain here.

Mr. FERGUSON--Allow me to say, so far as I am concerned, I speak for myself only, and if I do not speak the sentiment of the delegation they can correct me. So far as I am concerned, we desire nothing in the world, only that if the members can endure the inconvenience they should remain here without adjourning a day, or an hour, but meet every day to legislate and fulfill the promises of retrenchment and speedy adjournment which we were all so pleased to hear from our Speaker.

Mr. MACLAY--To remain here would be a certain defeat of all business. The Committees appointed, and to be appointed, would fail in discharglng their duties. It is most important to have meetings of Committees, but that is impossible, and from the way the weather looks we will have a storm before twenty hours pass over our heads, and probably a flood. God knows, in my heart I sympathize with this city of destruction and floods, but as a legislator I have nothing to do with sympathy. As a legislator I am to know no man, no city, no class of men. I am expected to act for the interests of the people, and for nothing else. I am going to do justice to Sacramento and justice to myself. Perhaps a little anecdote here may not be amiss. I recollect that an Irishman was once charged with the crime of murder. His counsel sald to him that he need not feel disheartened, they would take care that justice should be done him. "Ah, be jabers, sir, that's all I am afraid of," replied the Irishman. A guilty conscience needs no accuser. We have no disposition to do anything wrong to Sacramento and if I ware a citizen of Sacramento to-day, I would come here and say to this House. "Gentlemen, I advise you to adjourn to San Francisco; give us time to recuperate, give us time to repair our levees, and if we cannot defend the city from the floods, and storms, and winds, and waves, we shall never expect you to return; but give us an opportunity." I shall not inflict upon this body a long speech.

Mr. MORRISON--I desire, in the event that my voice does not fail me, to address a few considerations to this House upon this most important and vital question. I regard this as an entering wedge in that great movement which will be ultimately felt upon this floor during the present or some approaching session of the legislature, for the final removal of the Capital from the city of Sacramento; and believing it to be such entering wedge, and that that is the design of this movement, I shall address myself to that question as though that result were the certain result of this movement, and one that cannot be avoided. This cannot be regarded as a question relating alone to the citizens of Sacramento and the future growth and prosperity of her people. It is a question which affects the vital growth and prosperity of the people of the whole State. The Capital has been established here almost, I may say, by unanimous consent, because Sacramento is, if not exactly the geographical, at least the great commercial center of the State. It was expected, therefore, by those who sent us here to represent them, that the laws passed by us at this session should be adopted and passed here; and I think that in no place, from Klamath in the north to San Diego in the South, from Mono in the east to the uttermost portions of our western coast, was this question of the removal of the Capital canvassed during the whole time that we were before the people for our election. We came here then with a positive expectation on the part of the people that we shall remain here if it is possible, and so long as it is possible to remain. And the people of Sacramento do not expect us to do impossibilities; all they expect of us is that we should remain as long as it is possible or feasible, and when the time arrives--and it has not arrived yet--when we can no longer remain here and transact our business, the Sacramento delegation will all unite with us in removing elsewhere. Sir, Sacramento has seen such disasters and misfortunes as have seldom visited any city on the civillzed earth. On the ninth day of January, 1850, I was in Sacramento, when she was visited by a most disastrous flood. I arose from my bed that morning and, looking forth upon that flood, I said Sacramento is dead; but the first man I met only smiled and said it was true it was a bad state of things, but it would soon be over. Not an eye quailed, not a cheek blanched, but Sacramento grappled with and overthrew misfortune. A few years afterwards Sacramento was again devastated by another element. On the 2d day of November, 1852, fire swept north, south, east and west over this again devoted city. Did the hearts of Sacramentans sink under this record calamity? Did they abandon their homes? Did they leave the spot where they had invested their millions of dollars? No, sir; they grappled with this misfortune also, and, Phoenix like, the city soon rose again from its ashes. They grappled with misfortune and again overthrew it. Following down the course of events, we come to the season of 1852-3, when the same devastating element again covered this beautiful city. But again the spirit of the inhabitants rose triumphant, and they rebuilt their residences, and in a year or two the city was again much more flourishing than ever before. Now we are visited for the third time by a disastrous flood. It is true that it brings ruin and distress, but the people of Sacramento have not yet abandoned hope. They have invested here thirteen millions of hard-earned dollars, and in the shortest possible period of time they will put that beyond the reach of any flood. The cost of that work cannot exceed a million of dollars, and it will surely be done. All that the people of Sacramento ask is a little time to recover from the disaster which has overwhelmed them and their city and to rebuild their city above the reach of the waves. This is not impossible. We see examples in abundance in the Old World, St. Petersburg, the Capital of all the Russias, was dug from the depths of the Gulf of Finland. Built upon the confines of the North Sea, the Capital of Holland, Amsterdam, was dug from the depths of that Northern Sea. And what man has accompllshed in the past, the immense energy, ability and resolution of the people of Sacramento entitle me to say they can and will accomplish in future. [Applause.] In the whole history of the battle of life they know no such word as fail. I ask the delegates from the various counties in this State, from its northern to its southern limit, and from the east to the west, to consider the wishes of their constituents. Will you say to them that it was inconvenient to remain because the theaters and places of public amusement were closed? They will answer that they do not send you here to visit theaters and places of amusement, but to do the work which the interests of the people demanded of you, to do that work sixty days if it were possible to be done, and instead of hailing you with the words, "Well done, good and faithful servant," they will say, "Retire, faithless and undeserving public servant." This must inevitably be the answer, for there is a retributive justice, which sooner or later the people will visit upon those who misrepresent them. Sooner or later they will punish--as certain as the thunder follows the lightning's flash. Gentlemen must have some better answer to give than their pleasure and convenience. If there is a gentleman here who is not willing to sacrifice his personal convenience, when he sees around him 16,000 people laboring and sinking under the same difficulties, let him stand up in his place and announce to the world what county has sent him here. [Applause.] The Legislature has appropriated $150,000 for the erection of a national public building in this city. I call it national, for California is a nation in itself. Of that sum $100,000 has been already expended. Remove the Capital from the city of Sacramento, and nearly the whole of that amount is lost. Remove the Capital and the public works are abandoned. Sacramento asks no appropriation at this session. She asks, only that we should remain as long as we can and if we can remain during the session, it will be to her an ark of safety. Then at another session she will be able to show that the sum already appropriated has not been lost. It seems to me, sir, that this effort comes with a very bad grace from the people of San Francisco, if it does come from them. They have been disposed always as a people to lend a helping hand to those who are struggling with misfortunes.and I say it is in very bad taste on the part of the delegation from San Francisco to aid in this measure. Does San Francisco regard Sacramento as a rival? It is impossible. She should regard Sacramento as an unfortunate sister worthy of receiving a helping hand in this dire calamity, San Francisco must always be the great emporium of the Pacific. Through a stretch of more than three thousand miles of coast San Francisco is the only spot upon which a great commercial metropolis can be built up. Sacramento can never be her rival, but whatever benefits Sacramento benefits San Francisco. San Francisco sends forth her wealth and commerce, which returns to her as the waves of the ocean retiring from the rocks against which they dash, return with redoubled force. Such is the position that San Francisco occupies upon this great Pacific coast She could not then regard Sacramento as her rival, but rather as a youthful sister striving against misfortune and adversity. I say, then, that I hope the effort made by those gentlemen coming from San Francisco and from other portions of the State, as well, but more particularly from San Francisco, will fail, and that every attempt to move the Capital will be entirely abandoned. I move the indefinite postponement of the motion to reconsider, and upon that I demand the previous question.

Mr. FAY--I hope the gentleman will withdraw that.

Mr. MORRISON withdrew the motion.

Mr. FAY--The gentleman last up and others have addressed the House eloquently, but the difficulty is that thelr remarks have been entirely foreign to the question at issue. They oppose the permanent removal of the Capital, but that question is not before this Assembly, nor has it been, and never was intended to be. I speak my own sentiments, and I think I speak also the sentiment of the entire representation of San Francisco when I say that. Now I ask if any gentleman upon this floor from the northern or the southern, the eastern or the western part of the State has been approached by a member of the San Francisco delegation with the view of urging his support of this measure, with the expectation of the permanent removal of the Capital to San Francisco that he shall rise in his place and declare it. I will pause to give any gentleman that opportunity. There is no response, and therefore, Mr. Speaker, I say that the charge made against the San Francisco delegation of a desire to oppress Sacramento for the benefit of San Francisco, is a false charge. The gentleman last up most truly said that what is for the interest of Sacramento is also for the interest of San Francisco. That is a truth. Why, sir, the twelve members who represent San Francisco represent one-third of all the taxable property in California, and probably the people of San Francisco own more of the Sacramento bonds than are owned in any other portion of the State. The merchants of San Francisco are in constant communication with the merchants of Sacramento, and Sacramento to-day owes San Francisco a large mercantile balance. Is it to be expected that for the sake of the mere drop in the bucket of the removal of the capital the San Francisco delegation are going to take action calculated to destroy the credit or ruin the prosperity of Sacramento? No, we thould be doing our constituents most dire injustice if we took such a position. It is only that under the present circumstances San Francisco seems to be the only place where we can go and get immediately to work. I wish further to state that it has been proposed this day by the San Francisco delegation, that both they and the Sacramento delegation should retire in a body, pending this question, thus giving Sacramento the advantage of seven in the vote. Does that look like taking advantage? And I will say further in reference to this question of the interests of Sacramento, that the people of San Francisco and the people of the State of California everywhere outslde of Sacramento do not desire to oppress Sacramento. And if any proposition could come up here that should secure Sacramento against any action looking to the permanent removal of the Capital during this session, every man of the delegation would be willing to vote for it; and they will pledge themselves as one man not to introduce the question; because it is the universal sentiment here that we have come here and met a contingency which we never expected to arise when we were elected. It was supposed that the Capital was permanently located in Sacramento. The people had so decided. They did not expect that the levees would be broken and the city flooded. Therefore I say that it would be dishonest Iegislation :to act upon the question of permanent removal while it had not been before the people either in the canvass or directly at the ballot box when we were elected. I have said this in vindication of the delegation, for I believe the majority of the citizens of San Francisco would vote to-day, if the question were submitted to them that they do not want the Capital there. In a conversation I had recently with one of the wealthiest men in San Francisco--a large banker and real estate holder--he said to me, "Sir, we do not desire the Capital--we do not desire it." And that is the universal feeling; and if we should come up here with a desire to remove the Capital we should be misrepresenting our constituents.

Mr. DEAN--We are very willing to accept the assurance of one of the members of the San Francisco delegation of their magnanimity upon this subject, but if my memory serves they have voted almost unanimously against the city of Sacramento--against retaining the legislature here. Now I will say, and I presume that is the sentiment of this whole House, that we are proud of the fame of San Francisco. We are proud of the commercial progress and greatness of the great emporium of the Pacific coast, for her fame and her greatness are ours. And there can be no doubt of the further fact that the growth and prosperity of this apparently doomed city has been a great auxiliary to the growth and the wealth of that commercial metropolis. We think that that delegation ought to be pretty careful upon this question. It is rather delicate ground for them to step upon. The whole ground has been passed over and the subject is exhausted, and if I were to offer any further argument it would be consuming the time unnecessarily. But I have this to say, and I say it in the interest not only of my constituents of El Dorado, but also in the interest of the whole State, which has appointed this to be the Capital of the State--Give Sacramento a chance. I think she has not had a chance. I think this question has reference more particularly to the convenience of members. It is true Sacramento has not done what she might have done, but is it to be regarded as conclusive that because she has not she will not? There is too much property involved here to allow us to believe for a moment that, she will not. But now she has the Winter rains upon her. I think these levees can be repaired. The water is subsiding, and it will not be forty-eight hours before the avenue and streets will be clear of water. Then what is the exigency of removing from here and going to San Franciaco or elsewhere? I say the exigency is not upon us. Let us wait. The probabilities are in favor of repairing the levees. There is no man that can tell what the future wlll be, and I only speak of the probabilities; I ask, is it not a probability that within ten days these Levees will be repaired and that we can go on with our business? Why then shall we not give the present Capital of the State a chance to recuperate and repair her levees. Let us give Sacramento a chance and avoid all unnecessary expenses. I appeal to the majority here of the Republican party. I believe they are all pledged in favor of retrenchment and reform. I say let us be consistent and remain here without incurring any unnecessary expenses. I think it will cost less to stay here and try these probabilities than it will to adjourn to San Francisco.

Mr. FAY--I desire to ask the gentleman who has appealed to Republicans if this question has not been discussed from beginning to end without any regard to distinctions of party?

Mr. DEAN--It has. I only spoke of that in connection with the proposed reforms of the Republican party. I only ask that we should act consistently in this matter.

Mr. TILTON of San Francisco replied to a portion of the argument of Mr. Ferguson, and that gentleman rejoined.

Mr. HOFFMAN made a long speech in favor of the reconsideration, reviewing all the arguments of those opposed to the measure, and referring to precedents for the proposed removal in the history of Augustus Caesar and Oliver Cromwell.

Mr. AVERY moved the previous question, which was sustained, and the motion to reconsider was lost--ayes 38, noes 39.

"HONOR TO WHOM HONOR" ETC.--During the last three days, M. F. Butler, J. J. Haley, Edwin Harris and J. T. McLean have been constantly in attendance, day and night, at Platt's Hall, receiving contributions of money and clothing, and providing food and shelter for the unfortunate destitute by the late great deluge. As their time and services are, as a matter of course, tendered gratuitously, it is perfectly proper that those relieved, who are personally unacquainted with their benefactors, should be thus publicly notified of the fact.--Alta, January 15th.

p. 2


We publish this morning a supplementary report of the Assembly proceedings of Monday last, in order to give in full the speeches of members from other counties than our own upon the proposition of a temporary removal of the Capital.

We have further particulars of the destructive flood which has visited the valleys of the State. The accounts which reach us show that the destruction of farming and other property has been immense. In Yolo county, in the vicinity of the Sink of the Putah, the destruction of property has been distressing. Houses, fences, etc., have been carried away by the inundation of the waters. . . .

Reports have been received to the effect that the American river at Folsom is rising quite rapidly. In this vicinity, the rivers last evening were but slightly higher than on the evening previous--the rise being caused by tbe rain. Snow fell yesterday, at Auburn, Placer county, and at Mud Springs, El Dorado county. Rain fell in this city throughout yesterday. . . .

SNOW.--We heard last evening that snow was falling yesterday at Auburn and Mud Springs. If this was the fact generally in the interior there is no ground for fearing a present flood.


We have heretofore referred to the immense amount of taxable property destroyed in the State by the recent unexampled floods, and to the consequent necessity of a new estimate for taxation purposes. The late Controller's estimate of State resources for the fiscal year of 1862 was based upon an amount of property which does not now exist, and, therefore, must be modified. His calculation of a receipt of $650,000 from a property tax was founded on an assessed valuation of say $147,811,617, at the rate of sixty cents on the hundred dollars. But the disappearance probably of one quarter of the assessed value of property in the State, will render an increased rate necessary on the remainder in order to realize the sum supposed to be required to administer the government through the year. The total destruction of the means of so many men .in the valley counties, and the impossibility of putting in full crops, should the water subside, in time to insure a reasonable return, will place it out of their power to pay taxes, were they ever so much disposed to do so. The washing away of all the fences in this valley as well as that of the San Joaquin, presents another serious obstacle in the way of raising grain crops, even were the land in a condition to be cultivated by the middle of February or first of March. In truth, the floods of the Winter of 1861-2, up to this date, have proved fully as destructive of the material interests of the people of California as the war of rebellion has to the property of the people of Virginia. And in each State the end is not yet; an immense army is still eating the substance of Virginia, while an unprecedented flood covers the best portion of the soil of California, exhibiting to the eye a vast waste of water, to which daily rains and snow storms are steadily adding. But Californians never despair; come what may, they can always discover the bow of hope and promise in the heavens. They know that the water which has proved so destructive will ere long disappear, and the earth again be warmed by the rays of a sun which shines with unobstructed brilliancy for months in succession, and which by its stimulating influence upon a soil moistened by the rains and floods of Winter, insures seed time and harvest. Hence the ground of their hope in the midst of the desolation which surrounds them. But the people of California, in view of the prospects of the present and future feel intensely the necessity of private and public economy. They recognize the obligations resting upon them as citizens to reduce expenses to the lowest possible figures, and tbey demand that a similar policy shall be adopted by the members of the Legislature who are acting for the State. The estimate of the expenditures of California, for 1862, the Controller places at the enormous figures of $1,488,736; this is at least, a half .million more than the Legislature should think of expending. Six years ago it was estimated that the neceesary expenditures of the State Government could be reduced, if paid in cash, to some six hundred thousand dollars. The last year of the administration of Governor Johnson did not much exceed that sum. Money enough can be and should be saved by rigid economy in public officers this year to pay the war tax imposed upon the State by the war of rebellion. To the Legislature and to the new Governor the people look for a retrenchment in the expenses of the State Government of an effective and sweeping character. Unless it is done they will be justly held responsible. Among those who have suffered, almost beyond calculation, we may class the people of Sacramento city and county. The county is a heavy sufferer as well as the city, and economy in public and private expenditures must and will be the order of the day. Upon the financial prospects of ths city the floods of this Winter have fallen with a power that is felt and acknowledged, but which does not discourage her merchants, business men snd property holders. They belong to that class of men, not uncommon in California, who never surrender to adversity, however terrible. For destruction caused by elements over which they have no control, they feel that they are not responsible; and, like the true sailor, when the storm subsides they right ship and repair damage. They act upon the motto of "Never give up the ship while a plank remains above water," and so soon as the wind, weather and water will permit, they will cause Sacramento to again put on her usual active and businesslike appearance. Years may be consumed in recovering what has been lost--in again placing the city in the attractive position she occupied two months since, but nevertheless it will be accomplished. It may take years to raise the city to the.grade of I street, but it will be done, because tbe recent floods have demonstrated the necessity of this vitally important improvement. Months, however, are sufficient to build levees which will insure the safety of the Capital, and those levees will be erected before the first of December next. But to accomplish these ends, time and money are absolutely necessary. To raise levees which "all the world and the rest of mankind" will pronounce a complete armor of defense against high water, will require a larger sum of money than is now at the disposal of the Citizens' Committee. It will, too, require a complete and thorough change in our Municipal Government. We must place the City Government in the hands of a few men--the fewer the better, if the right kind--and then give them ample power to act for the good of the city. Power must be granted to levy a special tax large enough to meet the exigencies of the case, as well as authority to levy an annual levee tax. It matters not what may be the cost of the levees; they must be built, for the very good reason that unless they are, Sacramento ceases to exist. It is a question of life and death to the city, and no Sacramentan will hesitate to respond to the extent demanded. With time and money Sacramento can be and certainly will be placed above the reach of floods, But so long as the rains continue the floods will come, and so long the citizens of Sacramento, as well as those temporarily residing here, will be forced to submit to the inconveniences, losses and annoyances incident to a city constantly surrounded with water, occasionally inundated, and upon which rain, day succeeding day, is steadily falling. . . .


Rain at Folsom.

FOLSOM, Jan. 15th--9 P. M.

It commenced to rain here at half-past two this afternoon, and is still raining. Indications are that it will continue to rain throughout the night. The river is still falling very fast,

[We heard last evening, January 16th; that the river at Folsom was rising.--Eds. UNION] . . . .

THE LEVEES--CITY CREDITORS.--At the time Sacramento was so thoroughly deluged by the flood of the 9th of December, we assumed that it would take from one hundred to one hundred and fifty thousand dollars to build such levees as were demanded for the certain defense of the city. To raise this money in her crippled condition we deemed out of the power of her citizens, and advised that the money in the Interest and Sinking Fund, be taken and appropriated to building such levees as the position of the city demanded. It would have been a forced loan from the creditors of the city, but we believed then as we do still, that it was the true policy to insure the final payment of the city indebtedness. The same view was taken of the case by a large majority of our citizens, as was demonstrated by public meetings, but as it was found impracticable to legally indemnify the Treasurer for surrendering it, the idea was abandoned, and some fifty thousand raised by subscription for levee purposes. But that fund will not be sufficient; a large addition must be made to it by some plan yet to be devised. Since the first of January the sum of $85,890 has been paid as interest on county and on city bonds--most of it on the latter. The coupons have been paid as presented by the Treasurer, and he has funds to pay all due this year. Under the circumstances, this prompt payment of interest is creditable, but there is danger of a failure to pay the city debt next January in consequence of disasters from floods. In view of the condition of the city, would it not greatly promote the interest of the creditors of Sacramento were they to come forward and offer to advance the money needed to build a levee on the German style? In our judgment it is the true policy for the holders of city bonds to pursue in order to secure the ultimate payment of the principal and interest due thereon. An advance of $200,000 to the city by her creditors would place her in a secure position and enable her to ultimately pay every dollar of her heavy indebtedness. Unless the levees contemplated are raised around the city, her bonds now in the hands of her creditors will not be worth one cent on the dollar. But were the $200,000 advanced as suggested, the city would be placed in a position to pay the interest on her public debt annually, and at the same time create a Sinking Fund to be yearly added to. It is a matter which presents itself for the serious consideration of the agents of city bondholders in the United States, .

THE FLOOD IN YOLO.-- We were informed yesterday, by G. H. Swingle, who arrived in town from the sink of Putah, that the flood has been very severe between that point and Sacramento, covering a distance of about nine miles. From Martin's, at that place, to Sacramento, some seven houses have been carried away by the flood. The well known Tule House and Minnes' house are both gone, with all their outbuildings. The water in that section is now about eight feet deep, and has been eleven feet. There is nothing to indicate the locality of the ranches about Putah sink but a windmill. Miles of fences have been carried away. G. H. Swingle lost about one hundred head of hogs, but the stock generally had been driven back to higher land. M. Swingle says that for about three days he witnessed houses, many of them fine one-and-a-half-story edifices, passing down the flood from the north. He should estimate the number about ten or twelve. The telegraph wires in that section on the line to Benicia were generally down; but would soon be repaired. To show the depth of water on these plains, it ia only necessary to state that a sloop sailed from Washington on Wednesday last, to Yolo City. . . .

SAVED--About eight thousand pounds of sugar was all that was saved from the schooner Efin A. Kniper, at Half Moon Bay, besides the passengers. The vessel itself was a total loss. . . .


We can find nothing more interesting for our columns than the particulars of the late great flood. We accordingly refer to the subject again:

SAN JOAQUIN, STANISLAUS, ETC.--The Stockton Independent, of January 14th, has some particulars of further damage by the flood:

We are indebted to William Grant, a driver in the employ of M J. Dooly & Co., of this city, for the following interesting particulars of the effects of the late storms in the counties of Stanislaus and Tuolumne: Grant left Sonora with the stage for Knight's Ferry on Thursday last, reaching his destination on the same day. He found the roads worse than ever before known to mountain stage drivers, the water in the streams being so high as to compel him to wind around the foot of the mountains to avoid them. At Knight's Ferry, the river commenced rising rapidly on Friday morning at daylight, continuing to rise until it reached above the edge of the flat upon which the principal business part of the town is built. The water came up with;such rapidity in the stable of Dooly & Co., that the horses had hardly been removed when it was waist deep in the barn. In the stone store of Palmer & Allen the water commenced running in considerable quantity. On Friday morning, at daylight, the bridge partially gave way at the west end, but held its position until about ten o'clock, A. M., when the main span broke and went in a mass down the stream. Shortly after, the flouring mill of Hestres & Magendie was started from its foundation, and fell with a tremendous crash, the pieces of timber and the different parts of the works floating down in a confused jumble. The mill contained about two hundred barrels of second quality of flour, and a small quantity of grain. The storehouse, a short distance above the mill, was saved with its contents uninjured. At one o'olock on Friday, the stable of Dooly & Co., containing about sixty tons of hay, together with a number of small buildings above it, were swept away. At night the water fell about four feet, and the people flattered themselves that "the worst was over." On Saturday night, at two o'clock, the water again commenced rising, increasing rapidly until it took away two granaries attached to the stable, from which time forward the flood continued to increase, sweeping away buildings, dwelling houses, hotels, stores, and, in fact, all the business portion of the place. The highest stage of the water was within eighteen inches of the top of the wall of Palmer & Allen's store. The latter firm lost a stone edifice and a large stock of goods, with the exception of merchandise saved of the value of about $2,000. The water came down upon the town like an avalanche, giving neither warning nor time to prevent the loss of movable property. All the buildings below Fisher's and Honigberger's brick stores have been swept away, the residences and a few stores on the hill of course remaining: It is safe to say that full one-half of the entire town has been destroyed by the flood. The water attained its highest point between ten and two o'clock on Saturday. A man known by the name of Tom, keeper of a restaurant, was drowned in the current near Palmer & Allen's store. The last seen of him was at the moment a large log was rolling down upon him. At Two-Mile Bar, a man by the name of Proctor, while very buisily [sic] engaged in removing the goods from Flower's store, floated down stream with the building, the latter having left its foundation without giving him an opportunity to save himself. He climbed on the roof of the house, and was seen from the bank in a praying attitude; and as the house was about going down the canon, he waved a farewell with his hat. There was no possible escape for his life, as he must have been dashed to pieces, with the building. Another man was missing, supposed to have been drowned. The wire foot-bridge at Knight's Ferry was carried away at noon on Friday after sustaining an immense pressure from the logs and drift which came down and lodged against it. Grant left Knight's Ferry at nine o'clock on Sunday morning, bringing from Sonora and way places a bag of letter mail and express matter, making the entire distance, alternating with riding in the saddle, walking, swimming sloughs and boating. He reports the towns of Jacksonville, Stevens' Bar and Don Pedro's Bar on the Tuolumne, as swept entirely, or in great part away, and the river destitute of bridges or ferry-boats. Loving's bridge has met the fate which threatened it during the last freshet. Byrne's ferryboat was fastened in the stream, the water extending a half mile on each side, and the boat occupied by three families who were driven out of their houses by the flood, and had been on board the boat twenty-four hours, unprovided with anything to eat. The destruction of property on the Tuolumne and Merced is said to be immense, the water having risen to a hight varying from six to ten feet above the highest point ever before known. We may expect soon to hear of great suffering and loss of life and property along the main rivers emptying into the San Joaquin.

By the meager accounts which we have received from the interior, east and south of this city, it is to be inferred that the flood of Friday, Saturday and Sunday was terribly disastrous to life and property all along the Mokelumne, Calaveras, Stanislaus, Tuolumne, Merced and San Joaquin rivers. If it be true as one of our informants who was an eye-witness to both floods says, that the Stanislaus rose fifteen feet higher at Knight's Ferry on Saturday than it was in the memorable overflow of 1852, and that the towns of Don Pedro's Bar and Jacksonville, on the Tuolumne, have been completely washed away, we may prepare ourselves for the most startling news when the falling waters shall bring messengers from the lower valleys of the Tuolumne and Merced. Our own opinion is that everything in the shape of dwellings, fences and movable property has been washed away in those localities. The upoer settlements, too, on the mining bars of the Mokelumne, Calaveras ard Stanislaus must have shared the same fate. In both localities, judging from the rapidity of the rise at Knight's Ferry, it is impossible that the loss of life can have been other than proportionate with the loss of property. We have no late news from the San Joaquin, as the entire plains between here and that stream are converted into a lake; but on Saturday morning that river had attained the maximum point of the great flood of 1852, and since then it must have raised at least five or six feet from Trahern & Mullen's ranch upward. The bridges have been swept from all the rivers, and the roads are now impassable. It will take, under the most favorable circumstances, at least a week to put the stages in regular communication with our mountain towns, and it will take three years of persevering industry to regain what has been wasted by the water.

The farmers of this valley must have been heavy losers in the way of hay, grain and stock, and many of them, no doubt, in buildings. This city has reason, notwithstanding its pretty general inundation, to be thankful. We have suffered but little in person, and comparatively nothing in property.

The lower part of the city was yesterday still overflowed by back-water, showing no perceptible decrease in depth, and apparently manifesting no disposition to recede. How long it will continue at its present hight is difficult to say; but it will no doubt remain confined to its present limits until there is a fall in the waters of the San Joaquin, and an opportunity is thereby offered it to seek its natural ievel.

CONTRA COSTA..--The Gazette of January 11th has the following:

The rain commenced falling at an early hour on Sunday morning, and continued without intermission throughout the day and night. It rained heavily during most of the time, and at some periods came down in perfect sheets of water. The earth had been pretty well saturated by previous rains, and now the water accumulated on the surface, and, pouring down the hillsides, overflowed the banks of the natural outlets, and came rushing over the broad plain on which Pacheco stands, converting the whole surrounding country into a vast lake.

The water on Monday was higher than ever known before, and rushed through the principal street of our town with the velocity of a mill race. The only means of crossing was by boats, dry goods boxes and horse ferry. Besides one or two trim built skiffs which made their appearance on the street, gondolas of various models were extemporized for the occasion. One daring navigator, the fortunate proprietor of a huge piano box, launched his unwieldy craft upon the waves, and. spreading a nondescript sail, gaily floated down the stream. The water commenced receding in the afternoon, and by Tuesday morning it had pretty much run off, leaving the roads in their normal Winter condition--very good with the exception of the mud.

On Wednesday morning, down came the rain again more severely than ever, and the water rose to a hight unprecedented within the memory of the oldest inhabitant. Some of the buildings in town were overflowed one family was obliged to leave their domicil early in the day, and several buildings had the floors covered with water. Boats were again brought into requisition, and horses took passengers across the street as before. Lumber came rushing down the stream, a portion of which was secured by persons here, but by far the largest portion went off in the direction of the Bay.

Still higher rose the tide, and notch after notch was scored on the stakes used to mark its hight. About noon it fell a little, and then came up again higher than before. Thus it continued for three hours, a perfect deluge, when it began slowly to recede, and continued to fall until night. In the evening, however, it commenced raining again, and on Friday morning the water was well up and rising. It reached within a few inches of the highest point of Thursday, and about noon commenced falling again. As we go to press (8 P. M. [?]) it is falling very slowly. The fences, so far as they can be seen from this place, present a wofully dilapidated appearance. Huge gaps are seen in all directions. The loss from this source alone must be very considerable. A house situated on the flat near this town, unoccupied at the time, was carried down to the vicinity of the Fair Grounds, where it grounded and now remains. We regret to learn that a large quantity of lumber belonging to Houghton & Dell, about four thousand dollars worth, was washed away from the landing and became a total loss. The water rose above the floors of some if not all of the warehouses, and a large amount of grain must have been spoiled. It is impossible to ascertain the extent of damage at present.

SAN MATEO.--The Alta has the annexed correspondence:

PURISSIMA, Jan. 10th.--The flood has been moat disastrous on this creek, especially to N. C. Lane. About two or three acres of ground slid into the creek above the saw mill, overwhelming the barn, and killing instantly two valuable horses and four oxen. It then struck the Snelling House, completely demolishing it. Lane had just completed his house and furnished it with new and costly furniture, which is all a perfect wreck. The family saved themselves with difficulty, having only four or five minutes notice before the water bore the house away and dashed it to pieces among redwood trees hundreds of feet long and many of them six or eight feet in diameter. The most remarkable incident that occurred during the disaster was the saving of the piano forte. While almost every other article was either crushed to fragments, or borne away by the resistless torrent, the piano was lifted on the top of a large redwood log, and deposited unharmed some distance below the general wreck. All along the creek roads and bridges are completely washed away, or so much injured as to be impassable, and every hillside bears evidence, in numerous slides, of the devastating power of the storm.

Saturday morning presented. a scene seldom witnessed in our quiet community. The Purissima has a fall of about seventy feet over the bluff into the ocean. Over this cataract, borne by the turbid flood; were hurled in wild confusion the debris of denuded ranches, dwellings, outhouses and fences, mixed with giant redwood trees and logs, and the whole precipitated into the boiling surf, and thrown high upon the jagged rocks of this iron bound ooast.

SAN FRANCISCO.--The San Francisco Mirror of January 14th, remarks of the damage in its locality:

The roads leading to the Mission were in a better condition on Sunday, and since, than the terrific storm through which we have so recently passed would lead one to suppose. The Presidio road was frightful a day or two since, and as for the roads leading to places beyond the city, they were simply impassable, the San Jose stages being for some time obliged to suspend their trips. In all directions, yesterday, the eye was greeted by ruined gardens, prostrate walls and fences, half submerged dwellings, huge reservoirs of water occupying choice garden sites, deep ravines of new formations, and a general prospect similar to that presented by a landscape after an inundation. A little sunshine has latterly been intermingled with the storm, yesterday being one of the finest days of the year, but how long this state of affairs may continue, quien sabe? The Willows is under water, in the lower portion, to the depth of eight feet, and the beautiful garden attached to that favorite resort will have to be entirely reconstructed. The young plantations are totally destroyed. A portion of the stables will have to be destroyed, to give passage to the water and save the rest. The floral decorations of this, our Pacific Cremorne and Vauxhall, are ruined. All is chaos and disorder at that lately delightful resort of the San Francisco pleasure-seekers, where the water had submerged even the fences. The damages occasioned by the storm along the Mission railroad have been promptly repaired.

YUBA.--The Marysville Express of January 16th has the annexed:

We learn from a couple of mountain friends, who arrived last night from the Indiana Ranch, that the turnpike above that place, leading to Strawberry Valley, Eagleville and La Porte, has been washed away in many places; and at some points it is difficult to determine whether or not a road ever was constructed so great is the mass of mud, boulders, trees and underbrush to be found thrown up in gloomy disorder. The damage to the turnpike and county roads must be immense, as along the mountain sides for miles the torrents of the past week have torn up embankments, thrown mammoth trees across the thoroughfares, and made cavities in the roads several feet deep. The stages, as stated the other day, have been drawn off from the New York House and Columbus House, and the only means of transportation between either of those public houses and La Porte, is by saddle trains. At many of the points along the roads but a narrow mule trail is left, the roads being washed off on either side, and a transit over such trails is neither safe or pleasant. From the Indiana Ranch (at present the head of stage navigation on the La Porte road) to this city the traveling is--not as bad as it might be. Occasionally it becomes necessary for passengers to light up, get out and aid the horses in hauling the stage from a mud hole, or practice leverage principles on the wagon wheels: but these form varieties of travel, and passengers are disposed to look upon the latter part of the trip from La Porte to Marysville as a great improvement on the upper end of the journey.

NEVADA.--The San Juan Press of January 11th says;

In a period of seven weeks there have been but about eight fair days. The heavy fall of snow last Saturday night, Sunday and Monday had not all melted until there was an additional snow storm, succeeded by rains, which still continue at the time of the present writing. Travel is almost entirely given over. No one ventures on the roads who is not compelled to. The mails are irregular; out door work of all kinds is suspended; teams scarcely dare venture even into the suburbs for wood, which is becoming a scarce commodity; prices have gone up on all articles of daily consumption; and, in fact, an almost universal gloom prevails; and the end, it would seem, from the frowning appearance of the clouds, is not yet.

The Middle Yuba is two feet higher than it was ever known before, and is still rising. The stringers of Freeman's new bridge have been lifted from their abutments. An effort was being made to hold them to their place at the time of putting our paper to press. The waters, carrying on their flood immense trees, logs, mining improvements, etc., are rushing down through the Yuba canon with frightful velocity.

A terrific wind blew all of Thursday night, which uprooted a tall pine tree standing on Flume street a short distance southeast of the school house. It fell across that street, cutting in two and crashing in the front part of Louis Fisher's residence. Fortunately the family were sleeping in the back part of the house, and thus escaped injury, if not death. It was the top of the tree which struck the house. Had it been ten feet longer it must have produced a complete wreck of the dwelling, besides falling directly upon the sleeping inmates. The escape was, indeed, almost miraculous,

SIERRA.--We find the annexed in the Citizen of January 11th, published at Downieville:

At Excelsior, in this county, on the evening of the 8th instant, at five o'clock, a snow slide broke from the hill above the houses situated near a ravine that extends up and down the mountain, and came with such force as to totally demolish some and injure others, and kill two men and wound three more. G. W. Johnson, who kept a store at a spot about the center of where the slide passed over, was buried up, and store house, store and himself carried down the hill and have not yet been found. He is undoubtedly dead. J. B. Marshall was also killed. His body has been found. As he has no bruises, he is supposed to have been smothered by the snow. G. W. Martin was severely, but not fatally injured by the catastrophe. He was much bruised. Hercules De Rosier and H. G. B. Larned were both slightly injured. The cabin of G. W. Martin & Co. was badly injured. Loss, $250. Porter & Heumont's house totally destroyed; damage, $700. S. W. Steel's house was damaged badly; loss, $600. Harry Williams house was slightly injured; loss, $100. A very large quantity of timbers for tunnelling was lost. Dr. Kibbe, from whom we learn the particulars, when called on started immediately to the relief of the wounded, and had a terrible time in getting there over the deep, wet snow. None, unless those who have tried it, can tell the fatigue of such a tramp. The body of Johnston, who was killed by the snow slide, has been recovered and the two there killed brought to town yesterday for burial.

Saturday and Sunday nights last were as cold . as any we ever experienced since we came to Downieville in 1850. This week we have had two clear days, then a 22 inch snow, and the rest in rain.

The Yuba is now higher than any white man ever saw it before--at least we think so. Our friends of the Democrat have more water aronnd them than is desirable. Some four or five houses have gone down the river.

COLD WEATHER.--During the first three days of this week, the coldest weather ever known in this section of country was experienced. Ice was frozen nearly.half an inch thick, and at St. Helena snow fell to the depth of two inches. At Pope Valley the snow was eleven inches in depth, and on Mount St. Helena it fell to a depth of two feet. Around Napa City, on every mountain, as far as the eye could reach, snow was visible. The blasts of wind were shivering to every old Californian.--Napa Reporter, Jan. 11th. . . .

p. 3


ANOTHER FLOOD EXPECTED.--The heavy rain of yesterday and the day before has given rise to very general apprehensions that another flood is upon us, and people throughout the city are preparing for the worst. The merchants all along J street, and elsewhere, were hard at work yesterday piling up their goods, on boxes and shelves, generally a trifle higher than the last flood reached, and housekeepers are taking similar precautions with their furniture on lower floors. We do not by any means feel inclined to discourage these precautions, although the prevailing opinion among those who have had the greatest experience in floods seems to be that the coming flood will not be as high as the last, and that when it does come the rise will be quite gradual. The American river was reported yesterday noon to be rising at Folsom, at the rate of 18 inches per hour, and at Burns' Slough a considerable rise had taken place in the afternoon. The Sacramento river seems also to be rising, though rather slowly, and at dusk last evening it stood at twenty-two feet one inch above low water mark by the city gauge, being a gain of only an inch or two in the preceding twenty-four hours. A gentleman who came from Folsom yesterday afternoon stated that telegrams from Placerville to Folsom half an hour before he left, reported that snow was falling all the way from Placerville to Strawberry, and that just before he left another telegram was received, stating that the snow had turned to rain, and it was raining all the way to the summit of the Sierras. If the latter report is correct, we shall have high water in the American very soon--probably to night at farthest. The break in the Sacramento levee below R street seems to be growing worse, and backing the water up still more in the city. Fortunately, our people are getting used to the floods, as eels are said to become accustomed to skinning, and everybody keeps in the best possible humor. . . .

A HARD PULL.--A man who lives seven miles up the American river, among the tules, on Wednesday left his wife and children in a house a story and a half high, and came to town in a little punt, or boat made of rough boards, for the purpose of buying provisions. He spent all the money he had for a small quantity of provisions, and starting, in his boat, yesterday morning, worked hard most all day, but only succeeded against the strong current in getting two or three miles above the city. He then returned to town in utter despair, as his family were in a famishing condition, but at last was induced to apply to the Howard Society, who gave him a liberal supply of provisions, and sent him and his supplies home in a good boat pulled by two sturdy oarsmen. . . .

NOT SO.--It has been reported in the interior, we presume by those not particularly friendly to Sacramento, that the large brick buildings in the city are settling and cracking so as to create fears for the safety of the inmates. The report is false. We know of no brick building that has settled so as to cause it to crack. The heaviest buildings in the city, too, seem to stand the firmest--with the exception of that known as Carpenter's, which, from the immense freight of grain stored in it, has been sinking and spreading for two years past. The foundations of the brick houses in the city were thoroughly tested last Spring, as the cellars of the same were filled with water for something like two months. That was a test more severe than floods. . . .

THE HOTELS.--We mentioned yesterday several hotels which, during the last flood, were exceptions to the general rule of suspension in their cooking departments. We are reminded that the St. George Hotel may be added to the list of exceptions. Notwithstanding that Assemblyman Fay states that he was told on the first day of the flood that he could get no breakfast there and advised to seek sustenance elsewhere, we are assured that the St. George had a cooking stove put up speedily in the third story, and fed not only their own guests but all comers.

THE RAIN.--During yesterday, as most of our readers are painfully aware, the rain continued to fall heavily without much intermission, notwithstanding that the wind blew from a northeasterly direction. According to Dr. Logan's rain gauge there had fallen, from 12 o'clock noon on Thursday to 8 o'clock last evening, 3.15 inches, making the total fall for the month of January 97.66 [sic, 9.766 ?], and for the entire season, 20.573 inches. It seems from this record as if another heavy flood must be inevitable. It was still raining at a late hour last evening.

PICKED UP.--On Wednesday night, some twenty-five miles down the river, the steamer Chrysopolis, on her upward trip, fell in with a boat which had been dispatched from this city, on Monday last, to render assistance to distressed people. The crew were taken on board, and the boat was towed up to the city. The provisions sent out in the boat had all been distributed. The boat was somewhat damaged, but will be replaced by another, which will go forth immediately on a similar errand of mercy.

BRICK BUILDINGS.--It is gratifying to know that, notwithstanding the reports to the contrary which have gone abroad, the foundations of nearly if not quite all the large brick structures in the city have bravely withstood the thorough soaking which the rains and the floods have given them this season. The Pavilion, the St. George, the UNION office, and other large buildings, still stand as firm as ever, without exhibiting a crack or any other sign of settling.

VISITORS.--A party of ladies and gentlemen from San Francisco, among whom was the Rev. T. Starr King, visited our city yesterday, and looked upon the various peculiar scenes which it affords at the present juncture of affairs. Having taken a general survey from the top of the Pavilion, they made a trip over the submerged portions in boats, and appeared to be profoundly impressed with the spectacle.

OPERATIONS OF THE HOWARD ASSOCIATION.--One of the boats dispatched on Monday morning has returned, and she reports thirty-one persons placed upon the down river steamers.

The crew and boat left for San Francisco at 2 p. m., and will return with a larger and stronger boat to renew their efforts.

The officers of the Coast Survey brig Fauntleroy will send up a whaleboat to-night, and the Association wants four oarsmen and helmsman to cruise in the tule up the American river. Any volunteers are requested to leave their names with G. W. Mowe, President of the Society, office on Front street, between K and L.

The families at "Sweeneman's" reported as lost were found last night at a house eight miles below the city, and two boats laden with provisions and clothing left at 9 a.m. for relief of all in that vicinity. At 10 P. M. they had not returned.

The County Hospital was supplied with provisions and stores yesterday afternoon, the contractors for articles having been flooded and temporarily unable to furnish full supplies. The Pavilion leaked badly yesterday, but the sleeping places are fortunately exempt from annoyance. The railroad cars on Front street are filled with persons, who prefer to stay where they can watch their property than to go elsewhere, They are all fed and cared for.

But three families left the Hall yesterday for San Francisco, and they were constrained on account of anxiety for the health of the children. The nerve displayed by the ladies of the city is worthy of special commendation. Having become used to floods, they decline, in the majority ity [sic] of cases, to leave, even temporarily, and bear the misfortune with a spirit and pluck that almost excels that of the men. What effect the present prospect of more high water will have remains to be seen. . . .

THE FLOOD IN GEORGETOWN.--A correspondent of the Union, writing from Georgetown, El Dorado connty, January 10th, says:

The hardest rain ever known in the mountains by any of our old settlers has been falling here for the last three days and nights, and it has been impossible to cross any of the small streams. We feel in great fear for the safety of your city.

I have noticed several communications in your paper in regard to the using of willow cuttings. By placing them very thick through the dirt they will soon sprout and thicken and soon become a solid mass of little firm roots, which will get thicker every year, and will resist the force of water. They are better than anything that can be used, in my opinion.

The Pilot Creek Canal Company's reservoir near this place, has been set with willows, and works well. I have also seen willows used in the Atlantic States. . . .


Our dates from Los Angeles are to January 11th. We extract the following: . . .

THE LOS ANGELES MINES.--The late rains have, of course, been generally beneficial to the mining interests; but in some cases they have, even in our placers, proved very destructive. At San Francisco Canon, where a good number of miners are at work, Moore & Slack had constructed a large reservoir, on which they had expended four months labor and a considerable money capital; the flood came down and washed away their dam, and left them without the means of prosecuting their labor. This will prove a great loss to those working there, as the water was for the use of the miners generally, and would have afforded continuous labor for a long time after the cessation of the rains. . . .

LEVEES FOR SACRAMENTO VALLEY.--The Contra Costa Gazette of January 11th, speaking of measures which will come before the Legislature for discussion, says very justly:

The report of the Commissioners upon swamp and overflowed lands will bring up matters of very great local importance, and perhaps will raise a particular question of momentous concern to the dwellers in the Sacramento Valley, and, indeed, more or less to the citizens of our entire State. The question to which we refer is that of forming a levee which will redeem these inundated lands from water, and at the same time, while doing this, will also form an embankment all along those streams whose overflow has proved so fatal this Winter. The Sacramento river, according to this plan, would become like the lower Mississippi. It would be protected on both sides by a continuous line of high banks or dykes, so that hereafter it could no longer encroach on the farms and villages and cities lying on the plains behind, with its ruinous and fatal rush of waters, as unfortunately has been the case this season. The decision of this question of leveeing would involve in itself, too, the safety of the Capitol and its protection by a general State system from overflow. Should a system of levees be found indispensable to save the swamp and overflowed lands for agricultural uses along the Sacramento river, and be adopted as a State land question, the incidental benefit to Sacramento city would, of course, be immense. Not only the retaining of the Capital at that place, but the increased vaiue and improvements and productiveness of the whole Sacramento Valley would benefit Sacramento city in.the same way that San Franoisco is benefitted by the general progress and prosperity qf the entire State. Sacramento is the index and resultant of the growth of the particular region of back country on which it depends, just as San Francisco is in the same way the unfailing exponent of the general advance of the State in industry and material wealth.

AID FOR FLOOD SUFFERERS.--The Catholic Archbishop has addressed the following to the Ssn Francisco press:

On next Sunday, the 19th instant, a collection will be made in all the Catholic churches in this city, at all the masses and at vespers, for the relief of the sufferers from the present calamitous flood that is now devastating our State. The spacious institution of the Sisters of Mercy, on Stockton street, near Broadway--late "St. Mary's Hospital"--has been prepared with beds and proper accommodations, and is now open for the relief and shelter of all who may be in want from the recent disaster, or whom the Relieving Committee may think fit to send.

Relief in clothing and provisions will be gratefully received by the Pastors of the various churches, and at the Institution of Mercy, and distributed to the needy. . . .

A SOREHEADED CORRESPONDENT.--The San Francisco Bulletin thus refers to a correspondent writing from Sacramento to that paper, and and who grumbles dolefully about the effects of the flood:

An occasional correspondent writes us from Sacramento dolefully, of the condition under which legislation is effected at the Capital now-a-days, and with a very full heart as to the self-sacrifice of those members who have persistently voted against the temporary removal to San Franoisco. Our correspondent, moreover, betrays an impatience of all things that detain him away from the charming society and life of "Frisco." If, in spite of all things, he should be compelled a while longer to tarry in the devoted city, we would suggest gum boots as a great comfort. Indeed, we doubt if it would not be a wise and most humane measure for our Relief Committee to send up a pair of gum boots to each, at least, of our own delegation, who, against their judgment, are forced to do the legislation for which they were elected, at the place where they were elected to do it; and while making out the parcel it would not be a bad thing to include a supply of crackers and cheese and a mattress for the Chairman of the Senate Committee on Finance, who has given notice that henceforth he sleeps in the State House and depends on the Sergeant-at-Arms for his rations. His pluck and devotion are to be admired. Did not Pitt sleep at his office? Did not Eli sleep in the tabernacle? Did not a well-known Assayer sleep in the Mint until the Superintendent intervened? Nay, does be not ever still sleep there?

THE FLOOD AT RIO VISTA.--A correspondent of the UNION, writing from Chapman's Mound, Yolo county, January 15th, says:

Thinking, perhaps, it would be a relief to some to know how Rio Vista has succeeded in this late flood, I will here give you a few of the outlines as near as possible, without data--for date [data?] has left us. On the first rise the most of the small buildings left us. By the last rise we have but five buildings left, which are in a dilapidated state. Westgate's store washed out yesterday, a total loss; McKay's boot and shoe store yesterday; also the drug store of Dr. Allen, Sidwell's Saloon and the Chrysopolis Saloon all a total wreck. Squires' Hotel is yet standing, but very much damaged. Perry's store is just ready to leave; the principal part of the goods has been removed. The wharf is much damaged. The floor is torn up and the ware shed gone. We are camped on a little mound just below, of about two acres, with about two feet to spare, and plenty of provisions for four or five days, perhaps longer. Owing to the amount of comers in a number was put aboard the steamer Antelope this evening, and more will be sent away when she makes a downward trip again, the other boat not showing the generosity that should be shown in times like these. . . .

CHANGE IN THE YUBA.--Since the late floods the Yuba has changed its bed in many places above Marysville, much to the bother of the people who are affected thereby. At Long Bar the tailings and drift from above have filled up the stream and have caused the Long Bar bank to cave in to so great a distance that the stage road will have to be moved. The deepest current of the river now runs within twenty feet of Yandercooks store, when it was more than twice as far before the late floods. The bridge across Dry creek, on the Long Bar road, will probably be removed up the creek, near the old quartz mill, and the road changed towards Brown's Valley, so that the river will be left altogether for some distance. Those who have lately come down from the upper Yuba say that the features of the country along its banks are so changed that it seems like a new locality. Wide places have become narrow, and vice versa.--Marysville Appeal, January 16th. . . .

A SAFE CALCULATION.--Somebody tells a story about a man discovered on the roof of a small building floating down the Sacramento river a few days since. He was hailed by passengers on board a steamboat who were disposed to attempt his rescue. The only reply they received was, " Hurrah for Jeff. Davis--Let her rip!" The steamboat passengers concluded that that man was bound to be hanged, and therefore could not be drowned, so they let him "rip."--San Francisco Herald.

SLEIGHING.--Snow fell in San Juan, January 6th, to the depth of eighteen inches, and the people of that place enjoyed themselves hugely with sleigh-riding. . . .

p. 4

STATE REFORM SCHOOL.--We find the following card in the Marysville Express of January 16th:

As there has been much said in regard to the damage done to the State Reform School by the late flood, and as we have just visited the same to ascertain the facts in relation to said damages, we deem it our duty to make the following statement of facts:

The water stood on the surface around the building some twelve inches, but did not get on the basement floor by two inches. The building is not injured to the amount of fifty dollars, and is as safe and durable a structure as on the day of its dedication. The brick walls inclosing the yard have been injured by the water standing on the outside and softening that part of the foundation, while the inside remained hard, causing the falling of a portion of the northwest and south walls of said yard. The damage can be repaired for one thousand dollars.
Trustees State Reform School.
Marysville, January 15, 1862.

The above statement of the Trustees I consider entirely correct. I have been at work on said building from its commencement up to the present time, and was on the ground during the late flood. JOHN C. BRADLEY. . . .

Sacramento Daily Union, Volume 22, Number 3372, 18 January 1862, p. 1


We append some further details of the flood:

THF [sic] SOUTHEASTERN COUNTIES.--The Stockton Independent of January 16th has the following:

Sneeden & Bradbury, from Tuolumne, arrived at this city from Knight's Ferry yesterday morning about ten o'clock. They found their way from the foot hills with great difficulty. Part of the route was performed on horseback, part on foot, and a good deal of swimming had to be done. The Stanislaus has in many places changed its bed, and all the ferry boats and bridges, except one (Burney's ferry boat), are gone. From these gentlemen we were kindly favored with the following particulars of losses on the Stanislaus, Tuolumne and other streams. They confirm the report that nearly all of the town of Knight's Ferry has been washed away, and state the following particulars as to the losses sustained: Hestres & Magendie lost in mill property, $28,000; grain and flour, $8,000. Stanislaus Bridge and Ferry Company lost Knight's Ferry bridge, Two Mile Bar bridge and Suspension bridge, $48.000; G. Walker, $800; Mooney, shoe shop, $500; J. C. Dent, $400; Buddington & Co., Placer Hotel, $5,000; Eubert & Wilson, $1,000; McLean, livery stable, $2,000; Bartlett & Jamison. $1,000; Palmer & Allen, $40,000; M. J. Dooley & Co., $8,000; J. Dent, $2 000; McLaughlin, $1,000; T.H. Robbins. $500; T. McLaughlin, $500; Major Lane, $600; James White, $500; H. Linsted, $500; J. Wilson, $600; Lodtman & Brother, $8,000; O. Bocca, $400; W. G. Stewart, $1,000; John Connor, $1,000; C. S. S. Hill, $2 000; G. L. Fisher, $1,000; R. M. Bryant, $2,000; Dr. Coleman, $1,000; John W. Coleman, $1,000; loss by Chinese, $2,500. .

Two Mile Bar is on the Stanislaus, twelve miles above Knight's Ferry. The following are the losses sustained : N. M. Flowers, $2 000; T. Lilly, $2,500; Thomas Bell, $2 000; John Proctor, $1,500; all other losses, $3,000; John Proctor was drowned in an attempt to save his store.

Six Mile Bar, which contained two stores, a blacksmith shop and a number of dwellings, was all washed away.

At Bostwick's Bar, below Reynolds' Ferry, the loss is very heavy, according to the property there.

Robinson's Ferry contained a store, ferry and a small number of dwelling houses. The whole was washed away. French, who owned the store, lost $2,000. Other losses are estimated at $3,000. Total, $5,000.

Abbey's Ferry contained a ferry boat, a comfortable frame residence, with stable and outhouses--all lost; loss estimated at $1,500.

At Central Ferry the bridge belonging to Becjamin Lowhead was destroyed; loss. $15 000. Other losses, $4,000.

Jacksonville, a mining town, some four miles south of Chinese Camp, contained some five hundred inhabitants, it was nearly all destroyed. The water of the Tuolumne rose twenty-one feet higher than in the flood of 1852. Lefebre & Co lost $5,000; J. D. Munn, $1,500; J. Dessler, $2,000; Tuolumne House, $1,000. Other losses, in the way of flumes, ditches, miners' cabins and other property--aggregate not less than $10,000.

At Stevens' Bar, some two miles above Jacksonville, the losses are: Deering & Brother, bridge owners, $15,000; same, goods, etc., $3,000. All other losses, $10,000.

At Moccasin Creek the loss was $10,000.

At Blue Gulch quartz mill the loss was $10,000. Smart's garden was injured to the extent of $2,500. Ward's Ferry, $1,000. The damage to the Grizzly quartz mill proprietors, Bradbury & Co., was $10,000. The mill was saved.

Edward Deering was drowned on Saturday evening, while crossing Sullivan's creek, in going from Sonora to Jacksonville.

At Stevens' Bar and Jacksonville twenty Chinese were drowned. This is the lowest estimate.

On the bottom lands between Knight's Ferry and French Camp great damage has been sustained by the farmers. Houses in many places have been overturned, fencing all washed away, and the rich soil of the bottom farms all covered with quicksand.

Wood's creek rose so high that it damaged and carried away property to the amount of $25,000.

On Sullivan's creek, dams and reservoirs belonging to the Shaw's Flat Ditch Company were swept away. They cannot be replaced for less than $75,000.

At Bear Valley the Benton Mills and dam have been ruined. The loss is not leas than $70,000.

All the bridges on the Stanislaus, Tuolumne and Merced are gone, and the ferry boats, except Burney's, on the Stanislaus, eighteen miles below Knight's ferry.

It appears from this statement of losses, which is, of course, but a fraction of the aggregate which will be summed up when full particulars are obtained from every quarter, that from the Stanislaus, Tuolumne and Merced we have already heard enough to foot up a waste of property somewhat in excess of half a million dollars.

Lane, an express rider from Mokelumne Hill, left that place on Tuesday, at 12 M., and arrived at this office on Tuesday, at 2 P. M. From him we learn the following particulars in relation to the flood on the Mokelumne and branches of the Calaveras:

Dr. Soher's bridge between Mokelumne Hill and Jackson was washed away. Stevenson's bridge over the Calaveras on the San Andreas and Stockton road, is gone. Medina's bridge over the North Fork of the Calaveras, between San Andreas and Mokelumne Hill, is gone. All the bridges on the Mokelumne, except the Winter's Bar bridge, have been swept away, at least as far down as Poverty Bar. Chile Gulch was very high, and one or two buildings at the new town of that name on the road between San Andreas and the Hill, were injured and a stable washed away. At Jackson the flood was terrible, and several buildings were swept clean off. Our informant brings no news from any point south of Forman's Ranch, at which place the bridge across the San Antonio has escaped destruction.

At Campo Seco the big reservoir was washed away.

Athearn lost 1,500 bushels of grain at his place near the bridge on the Mokelumne. On the same stream Green's mill was swept away. Magee's mill is still standing. Meader reports that a part of the town of Poverty Bar was destroyed.

We learn from Showalter, who arrived in this city yesterday from Bear Valley, Mariposa county, that the flood on the Merced has been disastrous in the extreme, causing the loss of every bridge and ferry on the river--sweeping away houses and cattle--the latter probably by thousands. The ranches low down on the river are submerged several feet in depth, and as they are mostly well stocked it is probable that they have been swept of no small portion of it. The overflow had prevented any communication with the country below Snellings' and the probability of great loss in that direction was based upon the destruction which was occasioned to property on the river above. Snellings' hotel--quite a large frame building--was washed away. The Benton Quartz Mills sustained severe damage to their machinery, which cannot be repaired or replaced at a cost less than $15,000. A number of wagons loaded with merchandise, en route for Mariposa, were completely under water on the Merced. At Bear Valley the rains had fallen in quantity never before known, but had not occasioned damage to any great extent. Showalter left, on his return to Hornitos, yesterday, carrying an express for Wells, Fargo & Co.

All kinds of provisions are scarce in the mines, especially flour, potatoes and candles. A week since, at Mokelumne Hill, potatoes were selling at ten cents per pound, and flour at $20 per barrel.

The Chinese appear to have suffered much loss of life, many having been drowned on numerous bars of the Mokelumne and Calaveras rivers.

We learn that the water, which floated away Athearn's bridge on the Mokelumne, rose to the hight of the eaves of Athern's [sic] residence, carrying away his storehouse and a considerable quantity of grain. At Staples' ranch, the water was from fifteen to eighteen feet higher than ever before known on the Mokelumne.

The San Joaquin Republican of January 16th says:

Lane, a son of Msjor Lane of the Assembly, arrived in town yesterday from Mokelumne Hill. Lane reports that the people of that place are almost isolated from this part of the State. They have had no papers or letters for the last ten days, and provisions are getting high and scarce up there--flour selling at $15 per hundred pounds.

A subscription was raised, by the citizens to pay a messenger who would take the risk of getting to this city. Lane being well acquainted with the conntry, the fords, etc., undertook the dangerous and unpleasant journey. He came by the way of Salt Spring Valley, crossing the Calaveras river and Rock creek near their heads. At Chile Camp, a large mining town, there were but fifty barrels ef floor, and it was held very high. Lane commences his return trip this morning.

Samuel Brown, driver of Murphy's stage, arrived in town yesterday with the mail. He brought only his horses, having left his stage at the Twenty-six Mile House. All the bridges on the route are gone, except McDermott's. At the slough by Atherton's, it was necessary to tow the horses over. A stage which started for Murphy's about a week since got mired down at Frees', about eighteen miles from here. It remains there yet. The driver went on with two of his horses.

Recently a widow lady, whose whole property consisted in a hundred head of cattle, settled upon the ranch above Trapp's, on the San Joaquin, with her stock. She has lost by the late flood every hoof of them, it being impossible to rescue the animals.

Speaking of Stockton, the Republican says:

The water in the overflowed part of the town has fallen, during the last twenty four hours about a foot. It probably fell about four inches yesterday. A gentleman who returned from the San Joaquin, found quite a current in the slough, which did not exist on the day before. This is a good sign, and we hope the current will continue. If it does, a few tides will help our citizens who happen to be annoyed with the back water, very much. .

AMADOR.--The Ledger of January 11th has following:

The storm, which has continued with but slight intermission since November, has for the last four days raged with increased violence, doing much damage to property located in the vicinity of the Creeks. We have been unable to receive reliable intelligence of its effects in the neighboring towns, as all the bridges have been swept away in the rivers and creeks. The loss of property in Jackson has been severe. The bridge spanning the middle fork of Jackson creek, on Broadway street, was carried away on Thursday, thus cutting off our neighbors living across the branch from the business portion of the town. On Friday morning the Young America Saloon began to move, and soon after the building standing next to it on the north was carried down by the torrent. These buildings caused the water to back up and flow down Water street in such a quantity as to raise the old American Hotel (at present ocoupied by L. D. Herrick as a tin shop) from its foundation, and carried it down stream and toward the Young America for some distance, where it lodged against a bank, leaning up the stream. The old bath house on Vogan street went down early in the contest.

On Friday the storm reached its hight, carried away Sloan's Gas Works, and the channel of the middle fork becoming changed to the south the waters undermined and carried away the livery stable of T. Masterson, containing some fifteen tons of hay; the dwelling house of Chas. Ingalls and a stable of Louis Martel containing a quantity of hay, chickens and pigs. The house of a colored man named Brown, on Water street, was also washed down with its entire contents, consisting of household furniture. The present channel of the middle fork is where Masterson's livery stable formerly stood, but little water running in the original bed of the creek. Shober's bridge on the north fork, and also the foot-bridge near the residence of Major Meek, have been carried away. The beautiful garden of R. M. Briggs has been almost wholly destroyed, the bed of the creek being now where his choicest trees and vines were growing. The waters of the north fork havve [sic] been flowing down Main street for the last two days, the principal channel being through Rickert's wagon shop, causing a complete evacuation of the lower portion of "Chinatown." It is impossible to arrive at anything like a correct estimate of the loss sustained by our citizens, as all are too busily engaged in their efforts to save what remains to think of what is lost.

We learn from Vogan, who arrived here this afternoon, that the flood has done an immense amount of damage in Ione Valley. At Ione City the water was more than two feet deep. The dwelling of Farnsworth was swept off last night, as also several small buildings owned by Hall and Harron. The new brick stable of Williams fell down and is now a perfect wreck.

A short time before our informant left Ione City, a tremendous crash was heard in the direction of J. P. Martin's ranch, which is about a mile below town, and it was feared that his large brick dwelling had tumbled down, as it was completely surrounded by water.

The citizens of Ione City are building a boat to go to the relief of persons residing on ranches, as the whole valley is a perfect lake.

ALAMEDA.--The Alta has the following correspondence:

VALLEJO'S MILLS, Jan. 14th.--Nearly every one in this county have sustained loss by the flood, some having their whole store of worldly goods swept away, and are, in fact, objects of charity themselves. The express messenger started off from Hayward's, on the morning of the 7th instant, on horseback, intending to cross at this spot, the following day, if possible; but, alas for human calculation, be found himself hemmed in by the flood--his resting place resolved into an island, and here he has remained, weather bound, since. During the night and morning of the 9th and 10th, all our residents were in danger of being swept away; and, in fact, had the current swollen a foot higher than it did, we all would have "floated down Salt river." We have fortunately been spared that infliction, but a large amount of damage has been sustained. A house and machine shop, within two hundred yards of where I put up, was carried off about four A. M. on the 10th. It was occupied by D. A. Phelps, an old man, his son and son's wife, and child fifteen months old. They barely saved their lives, as we could give them no help for twelve hours. They saved themselves by keeping out of the current in eddies and little knolls. After suffering that long, we managed, by ropes, etc., to pass them victuals and dry clothing, but could do nothing more for them till eight o'clock on Saturday morning, after being twenty-eight hours in that condition. They lost everything.

Four men on horseback made an effort yesterday to get over. We went down opposite Centerville to effect a passage, but failed on account of quicksands. Bamber's Express arrived on the 13th with six days papers, the messengers being afoot. At the mills the water was eighteen inches higher than ever known. The walls were inundated and fell into the stream. The damage to the mill property is estimated at from eight to ten thousand dollars. The house of S. Bonner, on Alameda Creek, Snnol Valley, with all the out-buildings, I learn, was carried off by the flood. The occupants escaped by climbing a tree, where they remained twenty-four hours before they were rescued; On San Lorenzo Creek much damage, has been done. Robinson's barn, with its contents of seed wheat and agricultural implements, was carried off. A dwelling near by suffered a similar fate, but some of the furniture was picked up near the bay. I am endeavoring to push around the bay to San Jose, and will forward such intelligence as I can obtain; but, owing to the state of the country, it will be uncertain if mail or express matter can be delivered.

SANTA CRUZ.--A private letter from Santa Cruz, received yesterday, states that the paper mill has not been destroyed. The dam and a portion of the flame were washed away by the flood; but the damage can easily be remedied.

TEHAMA.--Red Bluff Independent of Jan. 14th says:

The rain and melting of the snow in the mountains last week raised the Sacramento river at this place on Friday night to within a foot and a half of the highest point that it attained at the great flood in December, Cottonwood creek was three feet higher than it was ever before known to be, sweeping away Jackson's bridge and doing considerable other damage. The bridge lodged a few hundred yards down stream, and can be put up without great cost. Mails are received only "twice in a while," and no telegraphic communication to any point. This abominable weather cannot continue more than six or eight months longer, and guess we can all manage to live it through.

There has been no communication by stage, telegraph or express north of Shasta since last Wednesday. Brastow (Wells, Fargo .& Co.'s messenger) informs us that the last heard from the north, Trinity river was up within two feet of the rise of the big flood. He also informs as that a ferry will be established at Cottonwood until the bridge is rebuilt, . . .

THE STORM IN SONOMA.--The Santa Rosa Democrat of January 9th, has the following:

On Saturday night last the good folks of Santa Rosa and vicinity were visited by quite a snow storm. It lasted about two hours, and on Sunday morning the hills surrounding the town presented a very beautiful appearance--the tops being clad in white. A day or two previous, we were visited by a thunder storm, which is also very unusual in this locality. We have heard of a very pleasing incident which occurred on that day, and which we think is worthy a place in our columns. Little Edgar C., about four years old, was playing in his father's yard when the first clap of thunder came. It was probably the first he had ever heard and he ran immediately in the house to his father and asked--"Pa, did you hear the clouds bursting?" Shortly after, when the thunder had ceased, he went to the door, and observing the clouds beginning to disperse, he turned to his mother and remarked--"Ma, it is not going to rain--God was only fooling you!" . . . .

SANTA CLARA.--The sum of $410 has been collected in Santa Clara to relieve the Sacramento sufferers.

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Notwithstanding the state of the weather, . . .

The news from the interior by telegraph yesterday foreboded another flood in the State. The latest intelligence as to the situation of the waters in our own locality will be found in our city column. . . .

TWO MEN LOST.--Fred. Coffin and a Frenchman named "Louis," two well known New River miners, left Lake City on the Saturday evening previous to Christmas for North Fork, since when nothing has been seen or heard of them. The evening before their departure was stormy and dark, and fearing that before daylight the snow would be too deep on the New River mountain to cross, they started at two o'clock P. M . Scarce a doubt remains but that they both perished in the mountain snows, or were drowned in attempting to cross the North fork. Thus two more victims are added to the long list of California's terrible Winter record--"lost in the mountains." Fred. Coffin was well known in this and the adjoining county of Klamath, having at one time filled the office of Assessor of the latter county. He was an intelligent young man, impulsive and generous, was a native of New York, and has a brother residing in San Francisco. Of French Louis we know nothing, save that he was an industrious and worthy miner.--Trinity Journal, January 11th.

FLOOD ITEM.--A man named Hensley, living on the Sacramento river, saved 12,500 pounds of honey, in the hive, that was drifting down on the flood.


The condition of the city and the uncertainty wbich exists in the public mind as to the future, demands action in the way of preparing for the work of protecting the city as soon as water and weather will permit. Legislation is the first step, and the necessary bills should be prepared and presented to the consideration of the Legislature, upon its reassembling. We need, and must have, either extensive modifications to the present Consolidation Bll or an entirely new municipal organization. The general sentiment, as far as we can learn, is to place the affairs of the city in the hands of three or five Trustees, for a long time--say three or five years, with ample power to act for the city. The idea, too, seems to be, to have the Trustees named by the Legislature, and give them power to appoint all the city officers required in the administration of its government. With true and able men as Trustees, who will manage the affairs of the city as they would their own, she may be well and efficiently governed, placed in a position to pay her interest annually, and her full public debt finally. This is a consummation greatly to be desired by every friend of this heavily afflicted city. A bill to accomplish this end, in the form suggested, or some other equally efficient, should be offered as soon as the Legislature convenes. But the more important matter is to make ample provisions for surrounding the city by a levee which will bid defiance to the floods. This, notwithstanding the unprecedented floods which have devastated the city, we are as confident can be done as we were before the water was precipitated upon her. A large portion of the richest agricultural lands in Europe, as well as numerous cities and thousands of villages, depend for protection and existence upon levees. The system of leveeing to the greatest advantage, and to give the greatest security, has been reduced to a science, which men spend their lives in completely mastering. Holland has been reclaimed from the sea by dykes which have withstood the action of the waves and storms of the North Sea for centuries. Some of those dykes are reported to be sixty feet high, and broad in proportion. But the Government takes the whole system in charge, and the dykes are watched and repaired in a manner which shows that the Government as well as the people are perfectly conscious that property and life depend upon the levees by which the country is defended. A break which admits the sea buries cities and villages under the waves for all time. It is only a few years since over a hundred villages with several considerable cities in Holland were overwhelmed by the bursting of the water through the surface of the earth inside the main dyke. Inundations are recorded as having occurred in Europe in which thousands of people were drowned. Though the floods which have visited Sacramento have destroyed much property, her citizens have great reason to be thankful that human life has not been sacrificed. The inundations in California this year have been terrible in their power to destroy property, yet the loss of life has been remarably [sic] light, compared with the fate of people in European inundations.

If the Hollanders can master the storms and tremenduous [sic] power of the waves of an ocean, the men of Sacramento, with such aid as they may obtain from other sources, can easily defend the city from the torrents of the turbulent American. With the means at hand there is not the least difficulty in planting a levee around Sacramento which will protect her from inundation. It can be raised ten feet higher than the water has risen this year, as we think it should be. But in order to systematize the business of levee building, a separate and distinct body from the city government ought to be created, to be called a Board of Levee Commissioners. They should be clothed with ample power to do everything necessary to building levees, and also with power to condemn private property whenever the land is needed either for levee purposes or for straightening the American river. This, of course, must be accomplished by a distinct bill to be passed through the Legislature. Such a bill ought to be agreed upon at an early day and enacted into a law; as such a step will accomplish much toward giving confidence that something efficient is to be done for the future protection of Sacramento.

THE OVERLAND MAIL.--We are credibly informed that an Overland Mail arrived at Folsom from the East on Sunday last; but none has been received in this city since Wednesday, the 8th instant The Overland Mail route terminates at Placerville, and it would seem that after the difficulties to that point have been overcome by the energy of the contractors, and the mails brought by other contractors to Folsom, the service between the latter place and Sacramento ought to be performed with ease and regularity. The detention of an Overland Mail for nearly a week within so short a distance as Folsom is an outrage which should summarily end all connection between the Government and those at fault. If the Postmaster at that place failed to use all proper diligence in the matter he ought to be decapitated, and if the Sacramento Valley Railroad Company received the mails, or refused to receive them, their contract should be declared forfeited for failing to deliver the matter at the Sacramento offioe. There can be no excuse for such reckless disregard of the public wants, and of the obligations to perform the Government mail service. We trust that the proper authorities will ascertain the cause of the detention, and visit the consequences upon those who have offended. The reception by us of letters from Carson, Placerville and Georgetown, during the week, is proof enough that the Overland mail could have been forwarded from Folsom, and that somebody is guilty of most criminal negligence in the premises.

OREGON.--We saw a gentleman yesterday who arrived from Red Bluff on the previous eveeing [sic], having mode the trip overland, from Portland, Oregon, to the latter place since the 27th ult. He says that in Oregon the roads have suffered less than in this State, the main inconvenience being the loss of bridges. For many of these, however, ferries have been substituted, and the overland route is far from having been destroyed. The same gentleman informs us that in Trinity Valley in this State, the course of the river has in many places been entirely changed, and that portions of what was the stage road are now in the river bed. The storms have destroyed many miles of the best turnpike roads in the interior.

LOSS OF CATTLE.--We understand that R. H. Thomes in this county, will lose in the neighborhood of two thousand head of cattle this Winter. The general average loss of stock raisers is one-third of their entire stock, and some have estimated it as high as one-half.--Red Bluff Independent. . . .


When Jacob Faithful's mother was consumed by spontaneous combustion, that distinguished philosopher comforted himself by hoping for "better luck next time." The spirit in which most people with whom we meet meet the present visitation of Providence, is indicative of a degree of philosophy as patient and hopeful as that which characterized Master Jacob. A Senator from the interior said in our hearing yesterday: "My house is all right--high and dry, on a hill--but I am going to stay here and see this out." All seem to agree that the desolation which the storms have spread over the whole region west of the Rocky Mountains must not be permitted to dishearten, but that with what is left California must put her best foot forward, and show, as she always has, that she can bear adversity even better than she can prosperity. If our fine roads have been so torn up by mountain torrents and obstructed by land slides that we cannot even, in the coming Spring, travel by stages, we must put on our spurs again and traverse the country on the backs of sure-footed mules. If bridges are all carried away, and means are wanting for their construction, we shall have to be ferried over the rivers. If our farmers have lost their improvements, and cannot raise us the full supply of wheat and potatoes this year because they have no seed and no fences to keep cattle away from their crops, we must remember that the time was when we were entirely ignorant of the agricultural capacities of the State. The water has, to use a vulgarism, put California "in soak " for about five years, but she will be redeemed, and the discipline to which her people will be meanwhile subjected may be productive of good results. We have been too fast, as the saying goes. The present deluge is throwing us back a little, and teaching us that we cannot always revel in " flush times." We shall be a wiser as well as a wetter people when the Spring opens; for the Spring will open; it is coming toward us now as rapidly as Old Father Time can travel, and the rains will cease again. Our energies will be taxed to put our homes as they stood before, and the practical work before us will, to a great extent, call our attention away from the unprofitable popular excitements of a political nature which have heretofore so often engrossed the minds of our people. Let the aspiring politicians among us, especially those who have something to say in the conduct of our State affairs, show their devotion to the interests of the people now by devising measures for cutting down the public expenditures. Never mind whether Tom, Dick or Harry is provided for; that is not, or rather should not be the sole aim of Government. The elements have crippled our people, and those of their public officers who do the most toward relieving them the present year of heavy burdens in the way of taxes, and who stop up the most channels through which the public purse is emptied, will have claims upon the public confidence, which will hereafter be honored. Californians are all in the same boat, and the boat is not going to sink. Let us remember with pride the obstacles which were overcome by the pioneers in the early settlement of the State, and let no fears infest our minds that we are unequal to the struggles which are before us.

RESCUED FROM THE FLOOD.--REMARKABLE ESCAPES.--The steamer from Sacramento, last night, brought down a large number of persons rescued from different points along the river--including thirty-six women and children. The scene at Platt's Hall at ten o'clock last night was really affecting. There was one family of seven persons, named Stemmermon ["Sweeneman's", above??]. The children, the youngest of whom is not more than one year old, were in wet garments, just as they were taken on board the steamer. They were rescued from a knoll sixteen miles below Sacramento, and when first seen they were huddled up with a few head of cattle on the only spot of " terra firma" out of water in the neighborhood. The swell created by the steamer washed the cattle off, but the whole family was saved. Two of the eldest children got adrift and came very near being drowned, but were rescued by a boat from the steamer. Another family of six persons were taken off from their farm where the water was four feet deep. The father was on horseback holding the two youngest children. The mother was standing with the water nearly up to her arm pits. A number of ladies were in attendance at the Hall when the sufferers arrived, and they were all speedily provided with dry clothing and hot supper. When we last visited the Hall, about midnight, there were several ladies still in attendance, and hard at work selecting garments and making up articles that were required for the immediate comforts of the destitute ones. The sum of $796 was contributed yesterday to the Relief Fund at the Hall. We were told of numerous instances of persons nearly drowned, rescued by the relief boats from this city, but time nor space will permit of particulars this morning.--San Francisco Herald, January 16th.

REMOVAL OF THE CAPITAL.--We regret to notice that some of our exchanges are again agitating the question of removing the Capital. We thought the Legislature of '60 had given this much vexed question a final quietus, by the passage of a bill declaring the Capital to be permanently located at Sacramento, and making a large appropriation for a Capitol building. The provisions of the bill so far have been carried into effect, and the foundation of a grand and magnificent building laid, upon which we hope to live to see an elegant massive pile arise which shall do honor and credit alike to the Legislature which voted it, and the State it will adorn.

An all wise Providence has seen fit to send an extraordinary flood, which has not only deluged Sacramento city and valley, but nearly every other valley and city in California. Sacramentans, not expecting such an extraordinary flood, were unprepared to protect their city, and were overflowed. This has learned them a lesson, and we are fully satisfied that such a levee will now be built that forever hereafter the city will be protected from similar inundations; and if Sacramento city is unable to build such a levee, we unhesitatingly suggest that the Legislature vote the means at the cost of the State.

Sacramento is the proper location for the Capital, and is not one inch lower than when the Legislature first met in that city. It is not very generous or in good taste, to say the least of it, when a people are suffering from a sad calamity, to add to their distress by an idle threat that, we'll bet our boots, will never be carried into execution.--Trinity Journal.

.A FLOOD INCIDENT.--A very pretty child, of not more than six or seven years, was found wandering in the streets by a lady of this city under circumstances so interesting as to justify a reference in our column of local events. The lady in question was returning, it appears, from Platt's Hall, where she had gone to leave a donation, and had stopped to allow a vehicle to pass, when she felt a tugging at her dress, and on looking down became aware of a very diminutive little girl, who was clutching at her skirts with her tiny hand, while looking up into her face so imploringly that the kind woman immediately stopped to ask the child her name. The little eyes were filled with tears, and the cheeks were red and round as lady apples, while three or four bright golden curls peeped out from the shawl in which she was wrapped. The garments were of the thinnest and coarsest description, but the lady, finding that the child had no home, took her to her own mansion, where, on learning that her lost parent and protector had perished in the flood, she immediately domesticated her prize, intending to bring the little thing up as her own. It has since transpired that the orphan came down to this city in charge of an uncle or near kinsman, who, having got drunk on the boat, had been separated from his charge; and to this fortunate circumstance little "Rose," as Mrs. S. calls her, is indebted for a comfortable home and her rescue from what might have proved a courtesan's fate.--San Francisco Mirror.


The Storm in tne Interior--The River at Folsom.

WEBSTER'S STATION, January 16th--8 p. m.
It has rained hard all day, and the snow is melting. The river is rising fast. The ravines from the mountains are like swollen rivers.

PLACERVILLE,, January 16--8 P. M.
It has been raining here without intermission all day. The river is rising very fast.

FOLSOM, Jannary 16th--8 P. M..
It hss rained here all day. Willow creek and Alder creek are now higher than they were ever known to be before. The first bridge on Willow Springs was carried away this evening. The water did not come up to the bridge at the late freshet. The American river at this point has raised five feet since morning and is still rising fast. The general impression ls that it will rise from ten to twelve feet more by morning.

THE TELEGRAPH.--Swain, the telegraph operator, sends word that on the San Francisco line he finds a large number of the poles down between this city and the San Joaquin, the ground being so thoroughly saturated that they were easily blown over. Ladd, who went out on the Sacramento line, has not been heard from yet. It may be days before we get a dispatch from Sacramento and San Francisco.--Stockton Republican, Jan. 16th. . . .

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. . . .

SIXTH STREET METHODIST CHURCH.--We have received the following notifications from the Rev. Dr. Peck : "The audience room of this (Sixth street Methodist) Church has not been reached by the flood and is in perfect order. . . . Our readers will be able to judge for themselves whether any, and if any, what portions of the above will have to go for naught on account of the aqueous visitation of Providence. . . . .

ARRESTED.--The following arrests were made yesterday: . . . James Parker, by Chief Watson, for petty larceny, in stealing a boat belonging to M R. Rose;. . .

EXODUS.--The steamers for San Francisco were all densely crowded yesterday afternoon with passengers, who were seeking for comfort abroad. As each of the steamers swung around into the river, its living freight clustering upon all the decks above and below, looked like an immense swarm of gigantic bees, which, having clustered too thickly upon a pendant bough, had precipitated it and themselves into the stream below. Upon the decks were congregated men, women and children of all nationalities, ages, and conditions, and the Babel-like confusion reminded many of the overcrowded ocean steamers which used to bring people to California in the early days.

WERE THEY DROWNED?--Two men, named William Craft and Henry -----, left the levee at about four o'clock last evening for the residence of a ranchman below Sutterville. They had a light skiff, both had been drinking considerable, and the water was very rough. In the morning the man to whose house they were going got into the boat to come to the city with them. Before starting he got out and refused to return to the boat, saying he had dreamed that the boat was capsized and that they were all drowned. Those who saw the two men start predicted that the dream would be realized. How was it?

RELIEVED.--Two of the Howard Society's boats which went down the river on Thursday brought up yesterday morning from six miles below the city two women and seven children, who were placed on board the steamer Antelope and sent to San Francisco. Those on board the boats report that they found very strong currents running between here and Sutterville, against which it was exceedingly difficult to make headway. The boatmen employed by the Howard Society work, however, with a steady perseverance and hearty good will, which enables them to overcome the greatest difficulties in the cause of humanity.

POLICE COURT.--. . . George R. Hooker, the gardener, accused of malicious mischief in cutting away the levee near Rabel's tannery, was dismissed, the prosecution having become satisfied that the animus charged had no existence.

ALL READY.--Our merchants and others have completed the work of piling up goods, furniture end other valuables above what is supposed to be the utmost reach of the flood which, by reason of the telegraphic reports, is confidently expected to come down upon us from the Sierras this morning at the latest. We have all laid in our provisions and fuel, as far as the aforesaid were procureable, everybody who intended to build a boat has got the thing about finished, and if the foe must come we are ready, relying upon the justice of our cause and the aid of Divine Providence, to meet him with manly hearts.

RAIN.--Dr. Logan reports 1.100 inches as the result of yesterday's rain up to about six o'clock. The aggregate for the past two days is 3.150 inches. The entire amount of January up to date is 11 476. and the total of the season is over 21 inches. This amount, the principal part of which has fallen within about two months and a half, is the average rain of an entire season. It is highly probable that we shall have more rain the present season than during any previous year since the settlement of the State.

SOLD.--Somebody bought a very poor boat yesterday. Our reasons for this assertion are ss follows: We heard a Judean refuse to loan a little shell of a boat to a friend, accompanying the refusal with this remark : "It would shink with you before you got home; I am going to shell it." This remark, together with a subsequent sale of the craft, which was hauled up high and dry to conceal its leaky condition, at the low price of $2, convinced us that both boat and buyer were "sold."

GROWING WORSE.--The Front street levee, above R street, has been in a weak condition for some time past. It is constantly growing worse, and seems likely to break. The result would be a large volume of water above R street in addition to the one below, and probably a permanent inundation of the city for the remainder of the season. If not too late, the Committee of Safety should take the matter in hand.

PROVIDING FOR AN EMERGENCY.--A lady who resides on the Georgiana road, five miles from the city, told some of the boatmen of the Howard Benevolent Society, who visited; the place yesterday, that whenever the water came up to her chin she wished them to come down for her with a boat. She designed to stand it as long as she could, but thought she should need assistance at about that time.

POWDER AFLOAT.--A large quantity of powder has been picked up afloat five and six miles below the city, by the boatmen in that vicinity, in kegs; cans, etc. A man named Austin Rodifer was arrested a few days ago on a charge of breaking open the powder house and stealing a portion of its contents. Is the one fact in any way connected with the other ? If so, in what manner?

GRACE CHURCH.--There will be no service in Grace Church to-morrow, on account of the effects of the recent flood. . . .

THE PROSPECT.--The prospect of another flood seemed to be considered yesterday as decidedly good. The continued rains gave reason to anticipate such a result, and telegraphic dispatches from various points on the tributaries of the American river gave assurance that their waters were higher than was ever known before. All agreed that we must have another flood,--nearly all, thought it must be a very high one,--many supposed it would be higher than the last, but how much higher nobody conld tell. The water in the city rose very slowly during the day, perhaps twelve inches in all. That of the Sacramento remained about the same as the day before--about twenty-two feet above low water mark. At the closing of our report, seven o'olock P.M., the water had not come over K street, though a forward movement was hourly expected.

THE LAURA ELLEN.--The steamer Laura Ellen, Captain Swinerton, having been on a cruise through some of the lower sloughs after stock, brought to the city yesterday morning some thirty women and children. They were taken from houses remote from the main river. One woman and her children had had nothing to eat for two days. The steamer will start on a similar excursion this morning.

DEAD BODY.--The dead body of an unknown man was seen afloat on Wednesday, near Foster's ranch, on the slough, five miles south of the city. Efforts were made to secure it, but it sunk, and had not been recovered. The parties who saw it were unable to determine, without a better opportunity, whether it was that of a Chinaman or a white man. . . .

PRESBYTERIAN CHURCH.--The Presbyterian Church, on Sixth street, between J and K, was last night reported to be dry and in good order. Preaching was announced to take. place there at 11 o'clock, and the public were cordially invited to attend.

ONE-HALF LOST.--Two or three men, a few days since, drove out from Chipman's ranch, Franklin township, sixty head of cattle. Before reaching high land, thirty of the number became mired down and were lost.

CARRIED AWAY.--The American House and stable, six miles from the city on the Georgiana road, have been entirely swept away by the flood. The election in the Sweeneman precinct has been heretofore held at this house. . . .

LEG BROKEN.--Daniel Carnes had a leg broken by the caving of a bank in his claim on West Weaver, a few days ago. . . .


The Flood--Removal of the Capital--Protection for Sacramento.

Marysville, January 16, 1862.
Since the great storms and consequent floods which have visited this State, many accounts have reached you of the inundation of this city. These were stated by envious or malicious persons; and others, as far on the other extreme, have denied that we have been visited with the waters at all. To take the published maps of this city, which make us out four times as large as we really are, three fourths of this city was navigable for boats only during several days. But, in the principal portions of the city, where our business houses and most of our residences are, at no time has water seriously discommoded pedestrians. Water from the Yuba river was forced back through the sewers into the gutters on to some few sidewalks, and over low places in the streets. But such a state of affairs did not last longer than six hours. There is room enough on the knoll, where most of the buildings are, for the city to grow twenty or thirty years, without expanding to where there is any danger of flood.

The idea of removing the Capital wins but little support in Marysville. The whole State rejoiced when the vexatious question, the cause of so many expensive debates and ridiculous actions, was finally settled; and the Legislature which takes the responsibility of changing a settled question violates the expressed will of the people. It is said that troubles never come singly, but the Legialature of California need not exert itself to prove the old proverb. The people of California are too chivalrous to countenance such an ungenerous, dishonorable, unnecessary act as the removal of the Capital from Sacramento, which would be giving a final fatal blow to a hitherto prosperous city, striving against suddenly accumulated disasters. Of course, if any new place is to have the benefits arising from a session of the Legislature, Marysville would like them; but honor would not allow us to build prosperity upon the misfortunes of a neighbor. A new dodge for effecting the move desired by some was the adjournment of this session of the Legislature to San Francisco. Now, I have lived in a State (Connecticut) with two Capitals, and the Legislature met alternately at each. And, from experience, I know that one portion of the Government, a part of the documents, some of the officers, cannot get along in one city, and the rest in another. Consequently, a removal of the Legislature would be a removal of the Capital; this the people do not desire. If the members from Yuba county desire to know the will of their constituents, a short time will suffice them; the people of this county believe that the Capital is just where it should be.

While your authorities are taking vigorous means to protect the city from floods, I have seen but one way, leveeing, recommended for that purpose. Now I know that Sacramento can be protected in that way, for I have seen communities with not one half the enterprise of Californians succeed under similar circumstances; but it seems to me there is a surer way of accomplishing the desired end--that is, raise the whole city above high water mark. When the city of Chicago was first built, the streets were but a few inches (or a few feet in some places) higher than the surface of the lake. The consequences were: no possibility of cellars, no firm foundations except on piles, and these not always reliable, and streets so muddy in wet weather, as to be dangerous to travelers. These inconveniences have all been done away with; the whole city has been raised by grading several feet above its former level. Such means I would recommend to Sacramento. To be sure it is the costliest, but it is sure. I have already made this letter too long, so I will postpone until some other day, a more particular mention ot the case cited. PUBLICOLA.

STUCK TO HIS COLORS.--The Placerville Republican of January 16th relates the following:

When the waters of the South Fork swept over Chile Bar, it surrounded the house of John Coolidge causing the inmates to beat a hasty retreat for higher land. After saving his wife and children from a watery grave, John happened to cast his eyes towards his habitation, now in imminent danger of going to pieces, and discovered a small American flag flying from the peak. He immediately plunged into the flood, reached his dwelling, secured the flag, and now swimming, now wading up to his armpits in water, bore the stars and stripes in triumph to the shore, amid the enthusiastic cheers of a few persons who witnessed the patriotic feat. He attached it to the top of a tall pine, where it continues to float as proudly as ever. Upon being asked by an individual of Secesh proclivities if it was a flag of distress, Coolidge answered, "No! by G--- the stars and stripes are not in distress, nor never will be as long as I can help it." John! give us your hand, old boy!

[flooding matters go on for about 45 days, plus follow-up articles for years to come]
--Mike Barkley, 167 N. Sheridan Ave., Manteca, CA 95336 (H) 209/823-4817
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