Fourth & Fifth Sacramento inundations, 01/20/1862 [press date] torrential warm rains,.1756194 bytes
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Sacramento Daily Union, Volume 22, Number 3373, 20 January 1862, p. 2
DELAYED NEWSPAPER PACKAGES.--Subscribers and newspaper dealers, who
miss their usual complement of DAILY and WEEKLY UNIONS, may be assured
that their papers have been regularly sent as usual, whether by mail
or express, during all the obstacles to travel caused by the late
flood, but may in many cases unavoidably reach their destination
at a late period of time.
NEWS OF THE MORNING.
. . . . In our columns will be found further accounts of the devastations
of the flood in various portions of the State. . . .
The Sacramento and the American rivers fell considerably at this point
yesterday, despite the incessant rains, and the water in the city fell
correspondingly. A furious storm of wind and rain prevailed here
yesterday afternoon and evening, causing the waves to run high in
the lower part of the city. Our local column gives an account of the
weather and of the different stages of the water during yesterday
and Saturday.
HOWARD ASSOCIATION.--The steamer sent down the river and back into
the country west of the Sacramento returned Friday night, having
taken off 136 persons, most of whom went to San Francisco. The boat
that went to the tule up the American returned yesterday. A whale
boat and crew, under charge of Captain Harron, was towed by the Gam
to Lisle's Bridge, from which place it was to go up the Slough, and
across the Marysville road to Brown's Ferry, and down the Sacramento.
Two boats, volunteers, came from San Francisco yesterday morning,
under charge of Wm. T. L. Moneton, manned by Thomas G. Hogan,
P. J. C. Atwill, George H. Donnell and John Nichols, all from San
Francisco. They brought provisions and were supplied with such
additional articles as they desired. When ready to start, a man came
in one of the Society boats from the Pavilion to the levee, the crew
on their way to take his family from a tree two miles up the Sacramento,
where they had been roosting since the flood, but had become tired,
and desired to get into better quarters. The officers of the Howards
gave privilege to the volunteers to go to the rescue, and in a few
minutes they were off, and returned with the man, wife and two
children. The boats left, to cruise on the Cache creek slough and
twenty miles back, bringing up at Rio Vista, where the Shubrick would
be in waiting for them. One of these boats was furnished by the
U. S. Engineers, Captain Elliott, the other by the Ladies' Friend
Society, through Captain Abbott.
During yesterday persons were removed from two story wood to brick
buildings as a matter of precaution, the wind blowing a gale.
The steamer Henrietta left for the vicinity of Davis' ranch, under
charge of Jerome C. Davis, and was supplied with provisions for
any families on the ranches and up the sloughs beyond the Tule House.
Families from places twenty miles around continue to come into the
Pavilion, or at the different stations of the Society, the weather
forcing them to leave their places of abode.
The expenses of the Association are very large, and the labors seemingly
but just commenced. It will take two months, should the floods abate
at once, to finish the business of providing for the families now
dependent upon it for aid. Extending their aid over so large a range
of country will be a difficult task to keep up continuously, and
preparations are being made to gather families into camps, at
appropriate points, and thus look after all with less trouble and
expense.
THE OVERLAND MAIL.--In a recent issue we stated that we had been
credibly informed of the arrival at Folsom on the 12th inst.,
of an Overland mail from the East, and of its detention there
during several days. Our informant was the Postmaster of San
Francisco, who gave the statement upon the authority of an
agent of one of the Overland mail contractors. Z. W. Payne,
Assistant Postmaster at Folsom, writes to us upon the subject,
from that place as follows, under date of the 19th inst.:
In yesterday's UNION I perceived a publication in regard to an
Overland Mail arriving at this place on last Sunday morning and
which had not reached Sacramento. No such mail has arrived to my
knowledge, either by stage or any other conveyance. On Friday, the
17th instant an Overland Mail arrived at half-past ten o'clock A. M.,
and was dispatched to Sacramento at four o'clock P. M., it being
the first arrival since the 9th instant. I believe there is nothing
left undone by the Postmaster in Folsom to fulfill all the
responsibility that may devolve upon him in dispatching all the mails
that arrive to their destinations. At present the mails are sent to
Sacramento by the morning train, it being the only train connecting
with the boat. The contract time of departure is twelve o'clock M.
consequently all mails arriving after seven o'clock A. M. are
compelled to remain in Folsom until the next day. Unless some
arrangement can be made by Sacramento to have a steamer connect with
the train from Folsom, the mail will be obliged to remain over night
at this place. Mails have been and are dispatched from this office
without delay, no matter what the roads or weather are. You will
please give information through your journal that no mail arrived,
as you had been informed on last Sunday. Any time the Union wishes
information in regard to the mail, please drop a line to this office
and we will furnish it with facts.
FROM RIO VISTA.--A correspondent, writing from Chapman's Mound,
January 18th, says:
Since my last from this mound, there has been many changes,
principally for the worse. The rain has fallen incessantly for the
last three days, which has caused much uneasiness among the inhabitants
of this place. I think that there will be but few persons here by
the middle of the coming week. The water is at a stand, which is an
indication of a rise. The health of the people is good. The steamers
Anna, Laura Ellen, Eureka and Gipsey are plying between the sloughs
and the Montezuma hills, carrying cattle, horses and families, there
being four cargoes landed to-day near Pruning's dwelling, below Rio
Vista. The steamer Nevada, on her upward trip, took several passengers;
and on her downward trip there were twenty more put aboard: and the
way she stopped and waited for the boats to discharge their
passengers met with the approbation of every one here.
DAMAGE IN NEVADA TERRITORY.--Speaking of the damage done by the
late storm in Nevada Territory, the Territorial Enterprise
of January 11th, says:
In estimating the amount of damage we must not confine ourselves
to the simple loss of property, for that is the least part of it.
It is indirectly through the injury done to roads, mills and mines
that we are to reckon the loss. People have been forced to suspend
operations in nearly every branch of industry, and the consequence
is a general stagnation of business. Our Territory has virtually
been set back three months by these heavy storms, and it will be
late in the Spring before it will have recovered even its former
position. . . .
We learn from parties who have recently returned from Sacramento
that the legislative library in the lower story of the present
State House building was injured by the last flood to the extent
of not less than $5,000.--S. F. Call.
There is no "legislative library" in the State. The State Library
is not and never was in the State House building. It is in the same
building with the Supreme Court, corner of J and Second streets.
Some books on the bottom shelf in the lower story were wet a little,
but the damage was so slight as to be hardly worth a mention.
[but see the accounting for the costs of rehabilitating damaged books
in the Journal Appendix of the next year] . . . .
LETTER FROM SAN FRANCISCO.
[CORRESPONDENCE OF THE UNION.]
Relief in San Francisco.
SAN FRANCISCO, January 18, 1862.
The arrivals of destitute persons from the Sacramento river during
this week have been rather heavy; but so far, the Relief Committee
have been enabled to accord aid to the immediate necessities of all
who have applied for assistance. There is no lack of supplies for
the table. Provisions of all kinds and of the best quality are
constantly arriving at the Hall, and our resources in that line show
no signs of failing, notwithstanding that many of the avenues by
which we used to receive produce from the country have been entirely
cut off. The "money drift" into the treasury of the relief fund still
runs with a strong current. The contributions at the Hall yesterday
amounted to near $900; this is exclusive of $1,100, the result of a
benefit last night at the Metropolitan theater, and $500 voted by the
Anti-Sunday Law Association last night. The latter contribution was
quite unexpected, and is appreciated as a spontaneous offering from
the Association. The retail liquor dealers have not been backward in
individual instances of valuable assistance to the Committee. Whatever
they have that is needed for the sick and exhausted may be obtained
without money and without price. There was one demand that the
Committee found much trouble to meet. Many of the women and children
arriving late at night were in wet garments, and to find dry clothing
for them immediately was frequently a difficult task. But thanks to
the persevering efforts of the ladies who have from the first taken
so much interest in forwarding the designs of the Committee, this
requirement will be fully supplied hereafter. The ladies are always
in attendance at the Hall when the boats arrive, and indeed many of
them are hardly ever absent from their posts. Among those who have
been unremitting in their labors to supply clothing and in personal
supervision of the various departments of relief at the Hall, I shall
take the liberty of mentioning the names of the following, as they
have always been noted for their energetic action in all schemes for
charitable assistance in this city: Mrs. W. F. Walton,
Mrs. N. P. Perrine, Mrs. A. J. Gamble, Mrs. Loring, Mrs. Adsit,
Mrs. Charles Watrous, Mrs. C. M. Staples, Mrs. P. K. Rogers,
Mrs. Wiley, Mrs. Crowell, and the two Misses Prader. The ladies named
were all present last night. There are others equally deserving of
mention, but I do not remember their names at this moment. IDLER.
THE PROSPECT.--The warm rains of Thursday and Friday melted the main
body of the snow in the mountains, and the waters therefrom have
passed by us, without bringing upon us the fresh inundation which
it was so confidently predicted they would. The great flood of the
10th was the result of a combination of circumstances which may never
again be experienced. The Sacramento was above its highest point of
preceding years; the deposit of snow in the mountains had been immense,
and extended far down into the valley; the weather from being very cold
suddenly changed to very warm, and the rain fell in such torrents as
to melt the snow with great rapidity. The storms of last week were
very severe, and early in the week a great quantity of snow must
have fallen. The warm rains of Thursday and Friday led most of us
to anticipate another inundation similar in extent to that of the
10th; but the only effect it had was to raise the water, on Saturday
last, about two feet in this city. The most complete preparations
were made for water to the highest water mark, and one prudent man
of whom we have heard, was so fully prepared for it that he pretended
to be quite vexed because it did not come; but the water in the
Sacramento being lower by two feet, and the quantity of snow which
melted in the mountains being much smaller than before, we have
been frightened this time rather than hurt. Very little snow is now
visible upon so much of the mountain ranges as can be seen from here,
and both the Sacramento and American rivers continue to fall.
Yesterday noon the latter had fallen some five feet below high water
mark at Patterson's Station (about ten miles above this city). There
need, then, be no fears of another visitation as the result of the
rains which have fallen during the past week. That danger is past.
The terrible flood of the 10th will have no parallel until the Fates
combine similar circumstances to produce it. The constant rains need
not alarm us so long as the mountains are covered with only an
ordinary quantity of snow; and the melting of the snows will not
seriously affect us so long as the Sacramento is confined, as it
now is, within its usual bounds. We have been terribly visited,
but the present indications are that we have seen by far the worst.
MISCHIEF MAKERS.--The Morning Call of Friday gave currency
to a report that this city was again flooded on Thursday, and
"much worse than ever before." It was stated that "at the corner
of J and Third streets the water had reached near the tops of the
sidewalks." There was no flood on that day, and the water was
neither on J nor K street. But as though these falsehoods were
not enough, we have in the same article the following "it is said:"
Yesterday numbers of poor people, driven from home and shelter,
were preparing to come to this city; but, it is said, parties in
Sacramento represented in effect to them that if they came here
they would certainly starve, as the people of San Francisco only
wished to "skin alive" everybody they could get hold of. The poor
sufferers could hardly be made to believe that we had prepared
really comfortable eating and sleeping quarters for them to use
"without money and without price."
It is difficult to believe that any sane person would credit such
a statement as the above. The gratitude of Sacramentans for the
large benevolence practiced towards them by the good people of
San Francisco cannot be affected by the malice of the few who,
in the midst of all our calamities, see fit to slander and annoy
us. The article in the Call seems to prophesy "a worse
infliction" for us than has ever before visited our "ill-fated
city" with a relish which does not exactly accord with its
professions of sympathy.
THE ST. GEORGE.--We have received a note from Assemblyman Fay
in which he requests us to "correct any false impression which
your [our] paragraph of Friday, [relating to the St. George
Hotel,] would seem to indicate. After a careful reading of
Mr. Fay's note and the paragraph in question, we do not find
that there is any false impression to correct, or any other
wrong to be righted, unless indeed the Assemblyman proposes
to raise an issue of veracity or something of that sort, with
the hotel proprietor. Mr. Fay reports his conversation with
J. R. Hardenbergh, one of the proprietors of the St. George,
as follows:
Oa Saturday morning, the 11th, at about 9 o'clock, I addressed
him as follows: "I wish to go up to the Capitol; can you give
me some breakfast?" he replied, "I cannot, I must feed the women
and the children first." "Can you give me a cup of coffee and
some bread?" He replied, "I will try," and went to his temporary
kitchen for the purpose, bnt soon returned and said "can't do it
now but can by-and-by; my stove is so small I can't do much cooking,
and the whole town are coming here to be fed; I can't feed them,
'tis more than I can do to get bread for the women and children,
the bakers are all flooded out, I hope you will adjourn the
Legislature for a week and give us a chance to try and make you
comfortable, I can't feed my guests decently now." I went to the
Capitol and remained there all day, and in the course of debate,
late in the afternoon remarked that I had not had my breakfast,
and my landlord had said he could not give me one.
THE WATER IN STOCKTON.--The Independent says that the present
flood in Stockton is twenty-two inches higher than was the great
flood of 1852.
FURTHER OF THE FLOOD.
We annex the following details from our exchanges of yesterday:
EL DORADO.--The Mountain Democrat of Jan. 18th, gives a vivid picture
of the late storm in the mountains. It says:
Fearfully raged the storm in the mountains last week--more violent,
more dangerous, more destructive than ever before experienced.
The hills trembled from summit to base. Large trees and immense
bowlders, for ages secure in their mountain retreat, were rooted
up and swept off with tremendous velocity, sweeping in their
resistless course everything before them. J. H. Goss, Superintendent
of the road, gives us a fearful picture of its ravages. The first
land-slide occurred at Dick's Station on Saturday morning about
seven o'clock. A large body of water had gathered on the top of
the hill above his house and formed a lake. Under the immense
pressure the ground sunk and suddenly displaced several large
bowlders, which opened a gap for the water to escape. The opening
widened and the water increasing in volume and gathering strength
in its course, rushed with fearful rapidity down the mountain,
sweeping away a butcher shop, stable and twelve horses. The noise
resembled thunder and the mountains shook, Goss informs us, as if
disturbed by an earthquake. The crashing of large trees, and the
breaking and crushing of rocks, the opening of large gaps in the
mountains aud the leveling of large hills, almost instantaneously,
was frightfully appalling to those who witnessed the grand spectacle.
Steep, rugged and apparently solid and enduring hills, disappeared as
if by enchantment. The largest and most dangerous slide was at
Dick's. Three slides occurred between Webster's and Leon's, and
several above; and a very heavy one about a mile this side of
Strawberry. About half a mile this side of the Thirty-five Mile House
a large hill slid from its base, filling the road for a hundred and
fifty yards with trees, rocks and brush, and tearing part of it
away. On the thirty-five mile hill the slide came down with fearful
violence, and the noise echoed through the mountains for miles.
Trees of immense size, and roots weighing a ton, ware carried away
and crushed in a moment. The slide at Leon's occurred about nine
o'clock, Saturday morning. Anticipating the disaster, he had removed
his family to a secure place. Suddenly, a low, rumbling noise was
heard, which quickly swelled and roared, and down rushed the water,
trees aud bowlders, sweeping away everything in their path. The lower
story of Leon's house, his bar room and kitchen, with kitchen
furniture and provisions, were carried off. The floor of the house
caved in. Rocks weighing a hundred pounds and upwards passed through
the house, shattering everything with which they came in contact.
Three feet of mud and stones lodged and settled in the house. His
loss is estimated at $1,500; it may probably exceed that amount. It
was supposed that the house of Todd & Barron, built near the river,
at the foot of a large canon, between two high hills, out of which
the water was gushing in innumerable places, was in the greatest
danger, but it escaped uninjured. The ravines, canons, creeks and
river were full of water in the immediate vicinity of their house.
At Dr. Morse's upper station, at the junction of the county and
Ogilby's roads, a tremendous slide occurred, threatening the
destruction of his house and family. Not anticipating anything of
the kind, he had neglected to remove his family. Above his house
he had collected for building purposes a number of heavy legs, some
of them embedded in the ground and resting against large bowlders.
These fortunately arrested and broke the force of the slide, and
turned it in different directions. Goss says it was split in two
and flattened out, and the heaviest portion passed round the house,
while a little of it washed against it, but without damaging it.
With feelings of horror, dread and despair, Dr. Morse and family
watched its approach, expecting every moment to be buried beneath
it. When the logs arrested and resisted and scattered it, with
emotions of joy and gratitude they fervently thanked Him "who
doeth all things well," for their deliverance from a fearful danger.
It will take weeks before the road can be placed in good traveling
condition. It is covered with trees, filled with large rocks from
the slides, and washed into deep gulleys at many places. Six bridges
between the Thirty-five Mile House and Brockliss' bridge, have been
swept off. The wall on the road, this side of Brockliss' bridge,
built to keep the road from caving and washing, gave way, a distance
of one hundred and fifty feet. It will soon be repaired. Men are at
work on it, and others will be employed as soon as the weather settles
On the new road recently built by Bartram, the wall also gave way, and
the break is about seventy feet long. It can be fixed without much
trouble or expense, and will be in a few days. Henry's road,
immediately below Todd & Barron's, was entirely swept away. Goss is
authorized to commence working the road at the earliest possible moment.
He estimates the cost of repairing it at $4,000, provided no more slides
injure it.
The Coloma Times of January 13th adds:
Coloma has suffered quite severely from the recent flood, the water
having been some eight feet higher than ever before known at that point.
The fine bridge, owned by Pearis & Fowler, was entirely taken away,
together with the toll house. Some idea can be formed, by those who
have visited the place, of the hight of the water--it ran over the top
of the bridge at each end. The proprietors of the Coloma Brewery are
large losers by the almost total destruction of the cellar and brewery.
Wintermantle Brothers are also considerable losers, though their fine
new cellar withstood the test and kept the water out. Weller's barn
was taken away, also a great many outbuildings along the stream, more
than we can enumerate. J. C. Brown's fine garden and house, in the lower
part of the town, is almost a total wreck --the garden entirely destroyed
and the house turned into the street. In the Chinese portion of the town
considerable damage was done, and a goodly number of buildings carried
away. At the lower end of the bar, E. DeLory suffered severely.
As near as we can learn, some three miles of the Coloma canal, on the
north side of the South Fork of the American was swept away by the flood.
The loss by the first flood was estimated at four thousand dollars,
the last must be quite double that amount. All the ditches in the
vicinity of Coloma have been greatly damaged, and will not be able
to run any water for a long time to come. It will make hard times for
the miners--provisions high and no water to work with.
The Mountain Democrat has the subjoined:
In our county we learn that the storm destroyed a large amount of
property--bridges, canals, ditches, houses, saw mills, fences, orchards
and gardens. The roads are almost impasssble, filled with mud, washed
into deep gulleys and obstructed by heavy trees and rocks. In many
places it is impossible to ford small streams, so swift and strong
and deep is the water. A gentleman from Garden Valley informs us
that a number of cattle have perished, in that part of the county,
from exposure to the cold rains and scarcity of feed. The owners of
bridges, ditches and orchards have suffered the severest, though few
persons have escaped without some loss. Business of all kinds is
almost suspended, provisions are becoming scarce and advancing in
price. Times are indeed gloomy, it is still raining, with no prospect
of "clearing off."
SOUTHERN CALAVERAS.--The Stockton Independent of Jan 17th says:
The losses in mining property are very heavy in Southern Calaveras.
Don Gabriel's quartz mill, located at Carson's, was washed away. The
loss is estimated $2,000. Captain Hanford's quartz mill, located on
Angel's creek, valued at $15,000, was in danger of being swept away,
and was only saved by securing the frame work to rocks and trees by
means of heavy cables. All the bridges between Angel's and Mokelumne
Hill, excepting that at Forman's, have been destroyed. At Abbey's
Ferry not a vestige of house or tenement has been left. Provisions are
becoming quite scarce and high priced at Angel's and in other
neighboring towns. They have been without beef at Vallecito for more
than a week, and the supply has also failed at Angel's. Fifty beef
cattle were started for that neighborhood from this valley some days
ago, but owing to the flooded plains and high stage of water in all
the rivers, thirty of the lot were lost, and at last accounts the
remainder had not reached Vallecito. Flour is worth $20 per barrel
at Angel's; potatoes eight cents per pound; there is no sugar or coffee
at Copperopolis, though both are abundant at the towns to the east of
Bear mountains. Hundreds of small farms, orchards, gardens, vineyards,
and comfortable little mountain homes, says our informant, have been
completely washed away or ruined.
SAN JOAQUIN.--The Argus of January 17th has the following:
A party yesterday coming along the Sacramento telegraph road passed
the house of J. Brock, about twelve miles from this city, and found
him and his family, consisting of five men, three women and five
children, in his house, surrounded with four and a half feet of
water and no boat to escape. Brock had sixty fat hogs in a pen that
he had bargained to sell. All of them were drowned excepting thirteen.
Several of his horses saved themselves on high ground, where they
became so starved that they ate each others tails, eating the hair
off as smooth as with a razor. He had lost all his calves and several
milch cows. A neighbor of Brock had his house knocked in by the waves,
which washed away his furniture and two trunks, one containing $175
in cash.
Woodbridge stands in thirteen inches water. All the wells had caved
in, except that of the Union Hotel. Several families in the vicinity
had been driven from their homes, as the water covered their floors.
Nearly all the granaries in that district have lost large quantities
of wheat, becoming wet by the flood. The Mokelumne river broke over
its banks on this side, three miles above Woodbridge.
SISKIYOU.--The Yreka Journal says:
All along the Klamath immense slides have occurred, the banks being
very steep between Scott Bar and Orleans Bar. The mails have to be
carried by footmen, and it is hardly passable for them. During the rains
the sides of the mountains were crawling--bowlders, trees and immense
bodies of earth moving, rendering the travel exceedingly dangerous.
The citizens of Orleans Bar and Happy Camp have very limited benefit
from mail or express business at present. Great expectations are
anticipated concerning new diggings, as immense slides have opened
places where the ground has every appearance of being rich. That
country will no doubt be full of Chinamen next Summer; washing over
these new places with their rockers.
It is confidently asserted by
several persons on the Klamath that the water at the mouth of Salmon,
on the Klamath, was forty-two feet above the wire bridge, and the
wire bridge being ninety feet high, makes it "one hundred and
thirty-two feet" perpendicular. The river is narrow at this point,
and the measurement was taken on trees above the bridge.
NEVADA.--The Nevada Democrat of Jan. 16th has the annexed:
The damage to the ditches in this county, by the storms of last week,
will probably reach several hundred thousand dollars; and for some
time at least there will be a serious interruption of the supply of
water. The damage was principally occasioned by slides of earth upon
the steep hill sides, and the breaking away of dams. The South Yuba
Canal was broken in seventeen places, and several hundred feet of the
flume, at the head of the ditch, was carried away, for the second time
this season. Gardner's ditch, in Little York township, was also broken
in many places by slides, and the dam at the head of the ditch, which
was destroyed by the December flood; and had just been rebuilt, was
again swept off. Numerous slides have occurred in every part of the
county, in some places carrying down trees three and four feet in
diameter.
SAN FRANCISCO.--The Herald of January 18th says:
The damage by the storm, already, has been very considerable in this
city. Yesterday morning a brick wall, or bulkhead, facing a pretty
residence on Dupont street, opposite the Cathedral, tumbled into
the street with a grand crash. A considerable portion of the garden
is destroyed, and the earth has caved from under the house to some
extent. A similar wall in front of the house on the corner of Dupont
and California streets, formerly occupied by Frank Austin, threatened
to fall, but was propped up with timbers. Another wall, of the same
character, on the south side of Powell street, north from Pacific, is
in ruins, and the safety of the house is endangered. The large frame
building formerly owned and occupied by J. F. Atwill, which stands on
an elevation of fifteen feet, at the corner of Powell and Clay streets,
is in what a Yankee would call "a ticklish, situation." The wooden
bulkhead under the house, or a considerable portion of it, has
"clean gin out." The stairway leading to the front entrance is in
ruins; but, fortunately, the inmates have means of egress at the rear
of the premises. Should the storm continue through the night there is
every reason to believe that the building will come down. A pretty
cottage on Clay street, above Atwill's, is, we are told, in danger
of falling. The steep grade of Clay street, from Stockton to Powell,
has suffered severely; but the sewer appears all right. Second street
hill is in a bad situation. It will cost a large sum to repair
damages. A brick garden wall, two feet thick, on Harrison street,
corner of Second, fell yesterday. It cost ,$1,500. Halleck's brick
wall on Folsom street gave way several days ago, and the embankment
is gradually washing out into the street. It was feared that the new
sewer on Bush street had caved in near the Metropolitan Hotel; but the
alarm proved unfounded. The sewer was all right last night, and there
is probably no cause for uneasiness. In the business part of the city
the sewer gratings have been removed, and the streets are in better
condition for pedestrians than they were a few days ago. The Presidio
road is among the things that were, travel by the usual route in that
direction having been altogether suspended.
FLOOD IN PLACER AND LOSS OF LIFE.--We gather the following from the
Placer Herald of January 18th:
The continued rains so filled the earth at Deadwood, that a heavy slide
occurred there in a mining claim, on Sunday night, the 12th instant,
by which Chas. A. Fryer and Wm. Taylor were both killed.
By the great freshet of the American river last week, several persons
on Boston Bar were placed in a perilous condition by being surrounded
by the torrent of water. The information being conveyed to Michigan
Bluffs on the 11th, a large number of the citizens of that place went
to the rescue. A boat was constructed and manned by Captain Giles
A. Buel (an old sea captain), Morris Flood and Samuel Jones, all
citizens of the Bluff. The boat was swamped in a few moments, and
the generous brave-hearted swept away from the sight of their friends
who stood upon the shore, but were unable to render them any assistance.
The bodies have not yet been recovered, and in the hope that they may
yet be found and recognized, we give the following description.
Captain Buel was about forty-five years of age, five feet nine inches
in hight, thick set, and would weigh about one hundred and ninety
pounds; wore a heavy pea jacket, dark pants, and heavy mining boots.
Morris Flood was twenty-five years of age, five feet ten inches in
hight, dark hair and dark complexion; wore canvas pants and blue shirt.
Samuel Jones was about thirty years of age, five feet eight inches in
hight, and of light complexion. If the bodies of the unfortunate men
should be found, it would be a mournful satisfaction to their friends
at Michigan Bluff to receive the information. Captain Buel leaves a
wife and several children residing at the Bluff. Flood and Jones were
unmarried men. The people of Boston Bar--numbering ten persons, men,
women and children--were rescued on Sunday by Geo. Langdon and several
other fearless, brave men, who succeeded in taking a boat to them from
the El Dorado side. Roach; at first reported as drowned, was among the
saved.
RAVAGES OF THE FLOOD IN UMPQUA VALLEY. From a private letter received
by a gentleman in San Francisco, written by his brother at Roseburg,
Douglas county, Oregon, and bearing date December 15th, the Bulletin
extracts the following:
We have had very high water this Winter. The South Umpqua was about
three feet higher than it was in 1852, and the main river, below the
forks, about fifteen feet higher. Cole's Valley, on the Umpqua, was
fifteen feet under water. There is not a farm on North, South or Main
Umpqua but what has had nearly all its fencing swept off by the flood.
Every bridge in Douglas and Umpqua counties has been carried away.
Scottsburg is almost blotted out of existence. Some $3,000 worth of
goods, belonging to the Roseburg merchants, were lost.
The destruction of grain and live stock has been terrible. The
Winchester mill, which belonged to Markham, was taken away with a
large amount of flour and grain, and one hundred and fifty head of
fat hogs. The large new bridge at Winchester was carried off, and so
also were the two new bridges across the South Umpqua near Canonville.
The water was up to the second story of the mill at Roseburg, and
destroyed a large amount of wheat, mostly belonging to farmers, but
1,100 bushels of it belonged to Abrahams & Co. They also lost 3,000
bushels of oats which they had stored in their barn.
You can form some idea of the extent of this most disastrous flood
when I tell you that the largest sized trees drifted across the bottom
from the mouth of Happy Valley to the Sacramento and Portland stage
road--a distance of half a mile of high land.
THE FLOODS IN NEVADA TERRITORY.--A dispatch, dated at Carson City,
January 15th, says:
There has been an awful time here. The flood has carried away several
buildings at Empire City, and seven or eight persons were drowned.
Last night wagons were sent from here to bring away the women and
children. All of the mills up the river are reported gone, or more
or less damaged. All communication by stage with Virginia City or
the lower country is cut off. The overland stages were stopped below
Chinatown, being unable to proceed for the water. All the bridges
have been swept away. The streets in this city were impassable for
teams for two days. Chinatown was flooded and eight or ten buildings
carried off. One woman and several children were lost. Smith & Day's
saw mill is completely demolished.
CHINATOWN, N. T., January 15th.--The entire valley below this place
has been overflowed, the water being higher than ever before known.
The Overland Mail road, from Honey Lake Smith's to Sand Springs is
under water. The snow is now six inches deep and still falling. It
looks as though it would soon turn to rain. . . .
Citizens' Meeting.--Citizens of Sacramento, property holders,
and all who take an interest in the future of our city, are requested
to meet at seven o'clock, on MONDAY EVENING, January 20th, in the
Reading room of the Orleans Hotel, for the purpose of considering
what system of government shall be adopted for the city, and what
means shall be used for her permanent protection from flood. Let
there be a large and prompt attendance of Sacramentans.
CITIZENS AND PROPERTY HOLDERS.
Sacramento, Jan. 18, 1862. ja20-1t . . . .
p. 3
CITY INTELLIGENCE.
A HIGH FLOOD.--During Friday afternoon our citizens made active
preparations for a heavy flood, by raising merchandise of various
kinds from the floors of their stores to scaffolding and shelving
above high water mark; many of them worked nearly all night to
accompish their object. Those who had nothing to save in this
manner were busily engaged building boats for utility and pleasure
when the flood should arrive. Those who had employed the afternoon
and night in this manner awoke in the morning, and, with mingled
feelings of disappointment and disgust, found J and K streets as
high and dry as on the evening before. The water on the southern
side of K street did not appear to have risen more than two or
three inches through the night. On the north of J and east of
Seventh streets it had risen some ten or twelve inches. During
Saturday forenoon the water advanced slowly. By the middle of the
afternoon it had covered the most of K street; some five or six
inches, and by six or seven o'clock in the evening K and J streets
wore from six to twelve inches under water. Efforts to navigate those
streets with boats met with limited success. The light draft boats
got along by the boatmen getting out occasionally and pushing over
the shoal places, while the heavy drafts succeeded by the boatmen
getting in occasionally and riding over the deep places. At sunrise
yesterday morning the water had again receded from the streets
referred to, and last evening the fall in the city had been about
fifteen inches. The flood was generally looked upon as a failure.
It was supposed, from the amount of rain which had fallen, and from
telegraphic dispatches from various points in the mountains, that
the water would rise to the hight of January 10th, but it failed
to reach it by about three feet. . . .
NEW MAIL ROUTE.--Mr. Bomer, a resident of Ione City, in Amador county,
arrived in this city yesterday, having left that place on Thursday,
bringing with him numerous letters to persons in Sacramento. He traveled
from Ione City to Folsom on foot, being compelled to swim four or five
swollen streams, and in one instance secured a table, with which he
attempted to cross one of the largest creeks on the route. The table
floated him back to the place of his departure, when, Leander like,
he swam to the opposite shore. At Folsom he took the cars to Patterson's,
and thence reached this city by steamer. The people in the vicinity of
Ione have become so anxious to hear from this city and valley that they
have prompted the establishment of this primitive mail route, until
others of a more permanent character can be established. Bomer will
leave this morning for Ione, with letters and papers, by the same
route and means of conveyance by which he came.
RAIN COMPARISON.--Dr. Logan received a letter a few days since from
W. A. Begoli, of Red Dog, Nevada county, giving a statement of the
amount of rain which fell at that point from December 26. 1861, to
January 12, 1862, inclusive. The writer states that he has kept a
rain gauge since the first named date, with the following result:
For the week ending December 30th, 7.50 inches; period ending
January 9th, 6.65 inches; January 10th, 5.82 inches; January 11th, 5.50;
January 12th 0.50 inches. Total for the period named, 25.97.
A portion of the above fell in the form of snow, but was melted
and measured to ascertain the quantity in the shape of rain.
The amount which fell in this city within the same period, from
December 26, 1861, to January 12, 1862, was 10.376 inches. It
will thus be seen that, although our rains have been almost
incessant, we have had but about two fifths of the quantity
which fell at the locality referred to.
TO PLACERVILLE AND COLOMA.-- A sign board marked "twenty miles to
Placerville and twenty-eight miles to Coloma" was found floating in
this city yesterday. As both of these towns are about forty miles
from Sacramento, and as the sign board has evidently been placed
on some one of the cross roads in the foot hills, our readers can
form their own estimate of the distance traveled by the floating
index. Those who lost it can doubtless obtain it again by proving
property, as its utility in this locality would be very like that
of some dozen sign boards on J and K streets, put up about a month
ago, which read, "Good Road and New Bridge at the Fort." Dozens
of broken down wagons and no bridge at all attest the truthfulness
of the notice.
POLICE COURT.--In the Police Court on Saturday the following business
was disposed of by Judge Gilmer: In the case of James Parker, charged
with the larceny of a boat belonging to W R Rose, the charge was
dismissed, there being no evidence which indicated larceny. . . .
THE WATER.--For several days past, the Sacramento river has stood at
about twenty-two feet above low water mark. During yesterday it fell
about four inches, standing at present at 21 feet 8 inches. The
American river, which had on account of the late rains risen rapidly
on Friday and Saturday, had at noon yesterday receded about five feet.
The water within the levees, which had in an abortive effort to flood
the city, risen some two feet during Friday night and Saturday, had
last evening receded about fifteen inches.
MORE DESTRUCTION OF PROPERTY.--The water on the tule lands on either
side of the river was represented to be exceedingly rough yesterday
afternoon. The white capped billows are said to have resembled, in
many places, those of the ocean, and it is thought that many houses
and buildings upon ranches, which have heretofore stood firmly must
have given way under their destructive force. Cattle which were
partially submerged would generally, of course, be destroyed. The
gale which prevailed through the afternoon continued throughout the
evening,
THE LEVEE ABOVE R STREET.--Some of the residents near Front and R
streets were engaged on Saturday in repairing the levee at that
point, which had commenced to wear away a day or two before. They
cut down some six or seven of the cottonwood trees along the bank,
and cutting off the limbs and branches, adjusted them in the weak
places so as to check the eddies from doing any further injury.
The remedy yesterday afternoon appeared to have worked well.
A TRIP THROUGH YOLO.--The steamer Henrietta started from the levee
yesterday morning for an excursion to the ranch of Jerome C Davis.
She was chartered for the purpose of bringing beef, etc , to the city.
She started down the river, and designed to run into the first opening
that looked like a slough which presented itself, and thence go
overland to the ranch. She had not returned at dusk last evening.
DROWNED.--A deck hand on board the steamer Visalia, Captain Zimmerman,
was carried overboard yesterday afternoon and drowned. The deceased was
a Mexican by birth, and was known by the name of Manuel. The accident
occurred at about three o'clock P. M., opposite Brite's ranch, three
miles above the city. A boat was at once lowered to his assistance,
but did not reach him in time to save his life.
BEEF FOR THE MOUNTAINS.--The steamer Visalia, yesterday, took about
one hundred and sixty head of beef cattle from Knight's Landing to
Eliza, in Yuba county. They are destined for the mountains.
RELIEF BOATS.--Several relief boats have arrived in the city from
San Francisco within the past few days, and have been employed by
the Howard Benevolent Society. . . .
HANDSOME DONATION TO THE HOWARD BENEVOLENT ASSOCIATION.--Mr. Simmons,
from Mare Island, brought to the officers of the Howard Benevolent
Society yesterday four hundred and seventy five dollars, contributed
by the attaches of the navy yard and other Government works at that
point. Mr. Simmons spent the day at the Pavilion inspecting the practical
workings of the Society, and informing himself of the character and
extent of the present demand upon its charities, and will probably be
able to assure the donors of the money that the necessity for a general
and active effort in behalf of the sufferers really exists.
STILL BUSY.--The Howard Benevolent Society and the efficient corps
of boatmen employed by it are constantly busy in removing from danger
to security those who are compelled to abandon their homes and seek
safety and protection in new localities, and also in taking provisions
far and near to those who still have homes, but are without the means
of living.
AID FROM DUTCH FLAT.--The Howard Benevolent Society received a few days
since from the citizens of Dutch Flat, Placer county, the sum of $736.50;
and also from Clay Lodge, F. and A. M., of the same place, the sum of $100.
These donations are accompanied with assurances of sympathy and of further aid.
CITIZENS' MEETING.--A meeting of citizens has been called, to take place
this evening at seven o'clock, at the reading room of the Orleans Hotel,
for the purpose of considering what system of government shall be adopted
for the city, and what means shall be adopted for permanent protection
from the flood.
LIMITED FACILITIES.--The Howard Benevolent Society will be compelled
for the present to abandon all attempt at saving stock, and devote all
effort to the preservation and aid of those of the human family who
need assistance, as they have not the facilities or money to do both.
KNIGHT'S LANDING.--When the steamer Visalia came past Knight's Landing
yesterday afternoon, there were about four acres of the town out of
water. The citizens had kept the water at bay by throwing up a levee
of from three to four feet in hight.
REPAIR THE SIDEWALKS.--The Committee of Safety had, yesterday, some six
street crossings laid down at various points on J street. There are many
sidewalks on J street between Second and Seventh which ought by all means
to be repaired to-day.
BODY AFLOAT.--A dead body was seen in the water a day or two ago in Yolo
county, by men in the employ of Jerome C. Davis, while rowing a boat
between the ranch and this city. It was dressed in an India rubber
coat. . . .
FLATBOAT.--A large flatboat is being built on the levee, near the foot
of N street. It is designed to transport stock in Yolo county, and will
carry about thirty head.
AFTER CATTLE.--E. M. Skaggs chartered a steamer yesterday to bring off
some two hundred head of cattle at a ranch eleven miles below the city,
on the Yolo side of the river. . . .
MORE RAIN.--A heavy rain prevailed during yesterday afternoon, and
continued throughout the evening . . .
FLOOD AND SUFFERING NORTH.--We extract the following from the Corvallis
(Oregon) Union of December 9th:
Abel George, whose family lived upon an island about four miles above
this town, lost his four children by the upsetting of a skiff while
attempting to get to a place of safety. This was a lamentable and
heartrending occurrence, as the father and mother were placed in
such situations as obliged them to witness the struggles for life
of their dear little ones, without being able to render them any
assistance. On Monday morning George started for a place of safety
with his family in a skiff; while attempting to land near the place
of Holtenstall, south of this city, the boat was carried into a
boiling eddy opposite a high bluff, and siding to the current,
immediately filled and upset, precipitating the father, mother and
four children into the boiling torrent. The little boy,
Abel B. George, was lying in the bottom of the boat, wrapped in
some clothes hastily thrown in, when the boat was swamped, and
was immediately carried down with it and seen no more. His less
fortunate sisters and parents caught the brambles of an overhanging
alder tree, which were the means of saving the parents, but all
the children were lost. The little babe, Sarah E., perished in
the mother's arms. While the mother was clinging to a frail brittle
alder limb, now with her head out of water, and then again submerged
in the boiling torrent that came over her, still she clung to the
babe as to her own life. George, by some means, reached his wife,
and working her up farther on the alder limb, tied her wrist to it
with a belt he had round him. In this condition she remained, in
deep water, sometimes under it, and sometimes over it, for nearly
three-quarters of an hour, when she was taken out by J. C. Alexander
and Green B. Smith, the babe, meanwhile, having perished in her arms.
But the most heartrending part of the tragedy was occasioned by the
position of the two little girls, Mary Jane, aged upwards of twelve
years, and Anne E. aged ten. They caught on the limbs of alders some
distance further down the current than the mother, and in a more
inaccessible position, and clinging for life to their frail support
for nearly half an hour, their unfortunate parents were obliged to
listen to the heart-rending cries of their dear little ones for help
to save them, without being able to render a particle of assistance.
"God grant," says our informant--who is himself the father of a
family--"that I may live long and never look upon such a picture
again. " George (the father), could not creep out on the frail limb
by which they held without breaking it, and thus breaking off all
hope of saving their lives. He could not reach them by water, for
its force was too terrific, and would certainly sweep him past them.
His only hope was in their being able to hold out until assistance
came, but alas! before it came, they were chilled, let go their
holds, and were swallowed up in the remorseless flood.
SAN FRANCISCO NEWS.--The steamer Nevada left San Francisco yesterday
morning aud arrived here at about eight o'clock last evening. We were
furnished with a copy of yesterday's Alta, in which we find the
following news items:
The recent heavy rains have formed a lake of considerable size in a
basin high up in the Mission mountains, northeast of the Mission
Dolores, and about midway between the same and the Protestant Orphan
Asylum. So great was the pressure of the accumulated waters early
Saturday morning, that the residents in the vicinity procured a gang
of twenty laborers and proceeded to strengthen the weak parts to
prevent a crevasse and overflow. The danger threatened the elegant
grounds and residence of Pioche, formerly occupied by the late Mr. Hart,
as well as the residence of Haight, and some six or seven others. Work
was kept up without intermission all day; and although the waters had
subsided since, watch was maintained all night. The lake is nearly a
mile long by over a quarter of a mile wide; but being located amidst
the sandhills, it is expected it will subside in a few days.
Among the donations to the Flood Relief Fond, the Alta mentions
one of one hundred and twenty dollars from two employes of the Mission
Woolen Mills.
The Bay city is crowded with strangers. The Alta says:
It is almost impossible at times to walk along Montgomery street with
any comfort, and at the crossings each person must be smart to fall
into line without delay. The general flood throughout the State is,
of course, the cause of this great accession to our population.
Sacramento is more largely represented than any other county, but we
recognize many from every locality, not excepting the most remote
sections of the State.
Yesterday, collections for the relief of sufferers by the flood were
to be taken up in all the churches of the city,
Sacramento Daily Union, Volume 22, Number 3374, 21 January 1862 , p. 1
. . . .
GENERAL VALLEJO ON A GREAT FLOOD OF FORMER TIMES.--The Evangel of San Francisco remarks:
An eminent Judge of one of our Courts said to us a few days since, that
when the question of locating the State Capital at Sacramento was under
consideration, General Vallejo testified that he had been in a boat over
the entire country between Benicia and Sacramento, but that his testimony
was regarded as incredible at the time. If this testimony is to be
relied on as it seems now it should be, it would greatly modify the
prevailing theory with many that the present high floods are caused
by the filling in of the river beds from the processes of mining.
The flood on whose waters the General passed from Benicia to
Sacramento must have been about equal to the present, and it
occurred before the mines were opened or the river beds at all
disturbed.
NOT ADJOURNED.--It was reported that the Legislature had adjourned
from Sacramento to San Francisco. We are happy to state it has done
nothing of the kind, nor is there a probability of its leaving
Sacramento. Some of the members, forgetful of the interests of the
State were dissatisfied and grumbled and introduced and voted for
a resolution to adjourn to San Francisco. The resolution passed
the Senate, but was defeated in the House. True, the members are
subjected to inconvenience and may be deprived of comfortable quarters,
but this is certainly not sufficient to justify them in squandering
the money of the State by adjourning to San Francisco. When it shall
have been demonstrated that they cannot transact business at
Sacramento, it will be time enough to discuss the propriety of
adjourning to some other place. It is ungenerous to take advantage
of Sacramento in her present unfortunate condition and shows a
lack of fairness and magnanimity on the part of those who are so
eager to depress her by moving the Legislature. We are gratified to
state the delegation from this county, reflecting the unmistakable
and almost unanimous sentiments of their constituents, strenuously
opposed the resolution to adjourn to San Francisco.--Mountain
Democrat.
NOT THE RIGHT SPIRIT.--In looking over the debate in the Senate on
Monday last on the resolution introduced by Van Dyke of Humboldt for
an adjournment for one week of the Legislature, we must confess we
were somewhat surprised at the position taken by several of the
Senators towards Sacramento. The idea seems to have prevailed that
Sacramento was wholly at fault for bringing the late disastrous
floods upon the entire State, and that therefore she should suffer
for it. It seems remarkable that Senators should have so far forgotten
the agency of the dire calamity as to rise in their seats and taunt
Sacramento and her people for their misfortune. As well might Senators
make war upon the Ruler of the Universe for the direful results of
the late storms, as to taunt and censure Sacramento. So far as
Governor Stanford is concerned, we believe it is contrary to his wishes
to have his name thus connected with the debate in question, for we
have every assurance that his very best feelings are enlisted in
behalf of his fellow-citizens or Sacramento, Senators should bear
in mind there is a step which may lead them beyond the limits of
Senatorial dignity, and bitter taunts upon a suffering people is not
very far from it--San Francisco Spirit of the Times.
SNOW IN NEVADA.--Snow fell in the streets of Nevada, January 15th,
about noon, and continued daring the remainder of the day,
p. 2
NEWS OF THE MORNING.
. . . .
The United States steam revenue cutter Shubrick, Captain Pease,
arrived at the levee yesterday, to render such aid as she might
to the sufferers by the flood in the surrounding region. She had
steamed about among the sloughs below the city, and brought with
her thirty-four passengers, picked up at different ranches. She
will remain here at the service of the Howard Association if she
can accomplish any good; otherwise, she will leave for the Bay
again to-day.
Yesterday afternoon and evening the water in the city received some
accession from above, as will be seen by the account in our local column. . . .
THE FRESHETS.--It is maintained by intelligent residents of our own
State that the injury which has resulted to property, both in the
mining and agricultural sections, will be more than counterbalanced
by the increased fertility of the soil, owing to the alluvial
deposits and the removal of the washings and tailings in the mines.
Farmers will enhance the value of their possessions by erecting more
permanent buildings on elevated locations, and more durable fences,
levees, or dykes. All persons engaged in the severrl [sic] industrial
occupations will hereafter act as though they are not to remain here
for a few years, make money and leave, but become permanent occupiers
of the country, and deport themselves accordingly. Where owners of
ranches are so situated that they cannot find an elevated spot on
which to erect or remove their buildings, they will be under the
necessity of erecting high grades, mounds or plateaus, on which they,
their families, little ones, and stock can remain in safety and bid
defiance to the watery element. People in cities which are likely
to be overflowed, must protect themselves, of course, by high grades
or levees, and common sense will teach that these must be of the most
durable character. If people will only look at our late disasters as
the orderings of a beneficent Providence, a lesson may be learned
that will result in our lasting prosperity. . . .
TREMENDOUS RAIN-FALL.--The Stockton Independent says that a rain
gauge, carefully kept ond [sic] registered by Dr. Snell of Sonora,
Tuolumne county, shows that from the 11th of November, 1861, to the
14th of January, 1862, seventy-two inches of water fell at that place.
This is sufficient explanation to the world of the cause of our
unprecedented deluge. . . .
DROWNED.--On Friday, January 17th, Michael Donovan, while attempting
to ford Islais creek, on the old San Jose road, on horseback, was
swept off his horse and drowned. . . .
YUBA RIVER.--The Yuba river rose, on Saturday night, January 18th,
about five inches. On Sunday it went up slowly, the rise being barely
perceptible at night. . . .
SEASONS AND SESSIONS.
On more than one occasion in the past we have presented arguments to
show that the Winter in California was an inappropriate time for the
holding of the sessions of the Legislature. Those arguments have been
greatly strengthened by the events of the present Winter. All will
now agree that this Winter has proved a very inauspicious one for
the meeting of the Legislature. We have contended in articles
heretofore published, that our Constitution should be so amended as
to change the time of the election, and the day upon which the
Legislature should convene. Of all the seasons the Winter is least
adapted to the purposes of legislation. Members should be able to
communicate daily with their constituents; this in an ordinary
season is impractible, and in an extraordinary one like the present,
it becomes impossible. To three-fourths of the State, there is now
no means of carrying letters and papers, except by expressmen who
walk and carry the mail on their back. Many localities cannot even
be reached by men on foot. Under such circumstances, for members
to communicate with their conitituents [sic] becomes practically
impossible. They are as completely separated, at the present time,
and will be for weeks to come, as if they were residents of different
sides of the continent. Were the sessions held in the Spring or
Fall, no such condition of things could exist. The roads would
be good; the mails, express and passengers in those seasons are
transported from the Capital to the most remote part of the State,
with regularity and rapidity. With their constituents in
three-fourths of the State, members of the Legislature could
communicate within twenty-four hours, were the sessions held
either in the Spring or Fall. Intercourse with the interior is
not alone difficult from Sacramento. It is equally as from other
cities, and in this particular San Francisco possesses no
advantages over inland cities. Every point in the State which
can be reached from the port of San Francisco, can also be
reached from Sacramento. The former city is dependent for her
intercourse with the mountain counties upon the expresses and
the mails which leave the interior cities, and upon the telegraph.
The latter institution is in a very dilapidated condition just
now, as the poles in the Sacramento and San Joaquin valleys, as
well as in many others, are prostrated by the water. Therefore,
were members in San Francisco, their means for communicating with
those they represent would not be improved.
Another reason why the sessions of the Legislature ought not to be
held in the Winter is, that in ordinary years it is the most active
business season among the farmers of the State. It is the season
for plowing and planting. During the Winter the grain crop is put
in the ground, and hence it is the time when men engaged in
agriculture desire to be at home. Indeed, Winter is not the time
of year for the meeting of the Legislature. It is the season of
cold, rainy, foggy, disagreeable days and nights, and in every
respect it is, in California, a very inappropriate time for holding
annual sessions. Whenever the opportunity is offered we shall, as
heretofore, advocate an amendment of the Constitution, changing
the month for the convening of the Legislature.
And, in view of all the circumstances by which the Capital and the
people of the State are surrounded, the question of an adjournment
until next May is one which may fairly challenge consideration at
the hands of the Legislature. It could meet then under more
favorable auspices, and transact the business of the people in a
couple of months. An adjournment to May, if one is to be voted at
all, would prove far more acceptable and satisfactory to the people
than an adjournment to some other place than the Capital for the
purpose of holding the session. There are, however, sundry
legislative Acts which should be consummated before any questions
of adjournment can be consistently considered. Among those Acts
is one making provision for the State to assume the national
tax, as the ravages of floods have left the people in a condition
which will render it extremely inconvenient for them to pay taxes
for any purpose. In an ordinary year such a tax could be paid,
and the people would not feel it in the least burdensome.
CITY GOVERNMENT.--It is gratifying to see that the substantial men
of the city are moving in earnest upon the subject of the
reorganization of our city government. A pretty radical change is
demanded, and we hope the Committee will make thorough work of the
business. The members composing it should also bear in mind that
prompt action is demanded by the exigencies of the city. There
should be a clear and positive divorce of city and county, and
that at the earliest possible moment. The city must have a more
energetic city government. We want but few officers, and they
should be clothed unmistakably with the power necessary to
protect and save the city from a repetition of the devastation
of property and loss of human comforts of 1862. Such an
encroachment by floods must never again visit Sacramento unless
her people have made up their minds to let their city be blotted
from the map of the State. She is terribly crippled now, and
another such a Winter of floods would wipe her out of existence
as a city. But Sacramento can and will recover; she can and will
protect herself from floods; but she asks time to enable her to
accomplish that object. Her people never surrender to adverse
circumstances. All they ask is a fair chance in the future.
STATE AGRICULTURAL SOCIETY.--The Constitution of the State
Agricultural Society provides that its members shall meet
annually in January, to elect officers, etc. The day for
meeting this year is on the 29th instant, as per advertisment.
In view of the condition of the roads, and the impossibility of
reaching the city on the part of many of the members living at
a distance, it has been suggested that the election of officers
be adjourned until more of the members can be present. Under
present circumstances, but few members outside of Sacramento
city and county could be present, and it would be unjust and
unfair for them to go foward and elect officers.
CALAVERAS COPPER MINING SUSPENDED.--The San Joaquin Republican
remarks, that in consequence of the almost total suspension of copper
mining--the shafts of the principal companies being full of water--the
town of Copperopolis was extremely dull. The only company that could
work is the Calaveras, who were sinking a shaft in a fine vein on the
hill, where they had ample drainage. So soon as the rains ceased
sufficiently to permit the shafts to be freed from water, the Union
and Keystone companies would resume operations, with a large force
of men. . . .
CALIFORNIA AND THE NATIONAL WAR TAX.
Not a doubt can be reasonably entertained that it is the will of the
people of this State, that, following the example of her loyal sisters,
she should promptly respond to the direct tax levied by Congress for
carrying on the war against rebellion. The Act of Congress provides
that the tax may be collected by State authority if preferred to the
presence of Federal tax-gatherers, and in all cases where it is so
collected, an important reduction in the sum total is made for the
benefit of the State. The amount to be paid by California, under
this direct tax is, in round numbers, a quarter of a million.
The disastrous floods of the past six weeks have destroyed property
to so vast an extent, and have so reduced the aggregate wealth of
the State, that in order to carry on the State Government and to
make good the appropriations which will have to be made at the
present session, a rate of taxation for State purposes will have
to be adopted which will come hard upon the people in the face of
so thorough a disarrangement of all kinds of business--mercantile,
agricultural and mechanical--as must be suffered during a portion
of the year. The collection of the taxes to be levied upon the
property left by the floods will be attended with difficulty, for
in a larger proportion than usual the collections will have to be
made by forced sales. In view of the condition of the State, and
of the fact that at all hazards the national tax must be cheerfully
and promptly met, the most natural suggestion which presents itself
is that the quarter of a million for war purposes be raised upon
bonds of the State, payable in twenty or thirty years. In no other
way can the people be relieved of an unusually heavy tax the present
year, and we see no objection to a resort to such a measure under
the existing state of affairs. The constitutional provision, limiting
the amount of indebtedness which may be created by the Legislature
without an appeal to the popular vote, expressly excepts just such
cases as the one under consideration. Article eight of that instrument
says that "the Legislature shall not in any manner create any debt
or debts, liability or liabilities, which shall singly, or in the
aggregate, with any previous debts or liabilities, exceed the sum
of three hundred thousand dollars, except in case of war, to repel
invasion or suppress insurrection, unless the same," etc.
(be authorized by law for a special object or work, and voted for
by the people.) The plain letter and spirit of the Constitution clearly
authorize the Legislature to create a debt in excess of previous
debts amounting to three hundred thousand dollars, for the very purpose
the quarter of a million is to aid, and for no other purpose. The
language is, "except in case of war," and as under our system no
State of the Union can, as such, be involved in a war, it follows
that the exception is in favor of any war in which the General
Government may be involved. That the Constitution is clear upon
this point, and that the Legislature has the rightful power to
provide for the raising of the amount of our war tax by the issuance
of bonds, we know to be the opinion of some of the most eminent
legal minds in the State. That such a measure would greatly relieve
our people, struggling as they are against a desperate series of
disasters, we think no one will question.
HOWARD ASSOCIATION.--None of the boats or steamers provisioned by
the Society for points in the interior returned yesterday. They were
detained undoubtedly by the violent storm. The various stations were
supplied again to-day, and sickness now prevails at each of them,
superinduced by continued exposure before the sick ones sought the
refuge provided. The United States revenue cutter Shubrick, Capt. Pease,
which came up yesterday, relieved the anxiety respecting persons living
on the Sacramento river, who were exposed to the gale of Sunday evening.
She brought thirty-four persons. We regret to hear that the funds of
the Society are nearly exhausted, though they do not intend to suspend
their efforts in the least. Relying upon the spontaneous offerings
that have been so lavishly bestowed heretofore, they will continue to
the end and complete their labors. On Sunday night houses and stores
were robbed of property worth $1,500. The Society furnished the Chief
of Police with a boat yesterday, in which to search for the depredators.
In a half hour thereafter they caught one of the thieves, and will now
daily aud nightly keep vigilant watch over the houses and goods exposed
by the flood. No mercy will or should be shown those who are so destitute
of feeling as to rob those who have suffered so severely already.
The officers of the Shubrick are the guests of the Society. The
efficient aid rendered, and the relief so promptly afforded, render
this exceedingly proper. Her visit and action were timely and relieved
the Society from the necesity [sic] of dispatching boats to cruise on the
route she so thoroughly canvassed. . . .
ROADS NORTH OF MARYSVILLE.--These institutions appear to be in a bad
condition according to the following from the Marysville Express
of yesterday:
The roads are now reported worse than at any time previous during the
Winter. The La Porte stage, which left this city at six o'clock on
Sunday morning, did not arrive at Zabriskie'a until about ten A. M.
The down stage from La Porte anchored at the Empire House, about
fourteen miles from Marysville, on Saturday night, and remained there
till Sunday morning, reaching this city about noon. Green & Co.'s
stage, of the Downieville route, came in on Sunday afternoon, the
driver reporting the road fearfully bad. No stage leaves Marysville
for any interior point this morning; and, unless the storm soon ceases,
clear weather following to improve the condition of the roads, it is
quite likely that several days will roll around before we have a
stage arrival or departure to record.
PROVISIONS IN NEVADA.--The Transcript of January 16th says:
Provisions are getting very scarce in the towns above Nevada. There
is, however, no danger of anything like a famine. The only result
of this scarcity will be an increase in the prices. The supply of
floor at North San Juan may be said to be entirely exhausted. This
report was current four or five days ago, but still several lots
were found for sale in that place, the holders exacting a high
figure, in some cases as high as fourteen dollars per hundred . . .
[For the Union.]
GOVERNOR DOWNEY AND THE INSANE
ASYLUM.
. . . .
If "the Institution has become an onerous tax," the fault can neither
be charged upon the Trustees, who make the financial contracts, nor
npon the Superintendent, who directs the management--since these prices
evince their faith-fulness--but must be laid at the door of that
unfortunate class of our citizens who turn crazy; and in order to
relieve ourselves from the burden, we must either prevent them from
so turning, or else refuse to do a charity which every civilized nation
of the world delights in doing. Shall the State of high resolves and
generous deeds, of tender heart and throbbing impulses, the State whose
citizens are not yet done sending steamboat after steamboat with relief
to sufferers from the flood, not only refuse to send full-handed relief
to those who sutler from the floods of insanity, but by so doing, give
strong confirmation to the statement which her ex-Governor has made to
the world?
Be it hoped that the honorable John G. Downey may stand alone upon
the historic page as the solitary announcer that the gift of fifty-one
cents per day to the insane man is an onerous tax. There is something
humiliating in the thought that he must forever stand as recorded.
HAKATONE.
LEG BROKEN.--A man named William Thomas, employed in Reagan's diggings
on Cement Hill, Nerada county, met with a severe accident on Tuesday,
January 14th, by having his leg broken by a slide of stone.
CITIZENS' MEETING.
A meeting of the citizens of Sacramento, property holders and others,
interested in the future of our city, was held, pursuant to a call,
in the reading room of the Orleans Hotel last evening. There was a
tolerably large attendance, including many of our most substantial
citizens. Dr. Houghton called the meeting to order at half past seven
o'clock, and on his motion Dr. J. F. Morse was chosen President of
the meeting.
Dr. MORSE mounted a large stand on one side of the reading room, and
addressed the meeting as follows--Gentlemen: You have met here to-night
as citizens of Sacramento for the accomplishment of very weighty and
important objects, and under the circumstances, perhaps, it would not
be amiss, nor violative of a foundation of facts, if we were to say
that we met in the beginning to exchange mutual congratulations upon
the thorough conviction that what we were to do to-night, in the
incipiency of reorganising the corporation of the city, would result
in a work which would attest to the world at large that no adversity
was sufficiently powerful to crush out or extinguish the living energy
of the people of Sacramento city--[applause]--and that now, while the
sky is still clouded and portentous of greater and more troublesome
rains than those which we have already experienced--that now, while the
watery element is again invading our doors and threatening our
floors--that now, while all over our city we are obliged unhappily to
contemplate the signs of infinite loss--yet, with hearts like that
which animates the lion of the forest, we are here this evening, in
the general hall of the old Orleans of 1849, to reanimate ourselves,
and to imbue with new life, new energy, and greater, grander prospect
of success, the new city which we are to incorporate. [Applause.]
For one, I am not bowed down. For one, the inspiration of energy and
enterprise are as convenient at my call as in the palmiest days of
prosperity, in which we have congratulated ourselves upon our general
success. And I believe that what I feel is participated in by every
true and loyal citizen of this place; that to-night we will see a
step taken in that direction in which alone a spirit of judgment, of
enterprise, of unfaltering trust, will direct us; a step, if it shall
be taken by the wisdom and judgment of the people of this city rising
triumphantly above all considerations of self, all consideration of
politics, all considerations of party, which shall place the interests
of our city in the hands of men whose judgments, when co-operating
together, will succeed in rescuing us from our present position; a
step which shall place the city of Sacramento, if not upon a hill,
at least in the midst of such protections as will guarantee its future
prosperity, safety and comfort. I believe, gentlemen, with these remarks.
I have only to state that, as far as I understand it, it is the object
of the citizens who meet here together to-night, to take such action as
will lead to the immediate framing of a bill looking to the divorcement
of the city from the county, and a reconstruction of the city government
so entirely radical in its character, so limited in its distribution,
that the financial affairs of the city shall mainly depend upon the
wisdom, judgment and fidelity of a very few of our soundest and best men.
.If that is the object of the meeting, and I have gathered it from the
conversation I have had with parties engaged in the call, I stand ready,
as Chairman, to receive any propositions you may have to make.
ALEXANDER BOYD, at the suggestion of the President, nominated as
Secretary of the meeting A. K. Grim, and he was elected Secretary.
Dr. HOUGHTON--I move that a Committee be appointed--I do not know whether
it should be by the Chair or by the meeting--to request our Senators
and Representatives in the Legislature to frame a bill immediately,
or at least give notice of a bill, to repeal the Consolidation Act,
and that then a Committee be appointed to frame a bill, afterwards
to be submitted for the consideration of the Legislature, to conform
to the new state or order of things--whatever in their wisdom they
may deem to be for the best interests of the city. Whether the new
government shall be conducted by Trustees, or by a Mayor and Council,
as heretofore, will be for their consideration. I have conversed with
hundreds of people in this city, and have not yet seen one but is in
favor of confiding the whole financial business of the city to a
Select Committee--a Committee of Selectmen, if you please--to consist
of about five men, and of clothing them with full powers to transact
all the business of the city, financial or otherwise. I hope a
Committee will be appointed to draft a bill of that character. So
far as I am personally concerned, I am in favor of having such a
Board appointed of from three to five Selectmen, with full power
to control the city, and dispensing with a Mayor and Council and
everything of that character. These are my views.
C. H. GRIM--I understand the motion to be to appoint a Committee to
draft a bill which is to be submitted to some future meeting of citizens.
I suppose such a bill should properly be drafted and then submitted to
a citizens' meeting, called for the purpose a few days hence, and this
meeting can adjourn to another day for that purpose. Then, in the
meantime, the Committee can prepare a proper bill. I should say a
Committee of three, appointed by the Chair, would be sufficient for
the purpose of drafting the bill which is contemplated for the
government of this city; but perhaps it should be a Committee of
five. I will second the motion.
The PRESIDENT--Gentlemen, it is moved and seconded that a Committee
of three or five, as you may determine, be appointed for the purpose
of drafting a bill, the object of which shall be to completely
reconstruct the city government, and to result in divorcing it
from the city and county government as it now exists.
D. W. WELTY--I move to amend by making the Committee consist of three
from each of the old Supervisor Districts in the city. I will state
briefly my reasons. As remarked by yourself, this is going to be a
very important matter for the city, and every property holder will
be interested deeply in whatever is done. A bill, therefore, having
for its object the future government of our city, ought to have the
consideration of men representing each road district or ward in the
city. I am aware of the inconvenience of large Committees, but in so
small a Committee as the one proposed the interests of the entire city
could hardly be represented at all. Gentlemen speak of submitting the
bill to the consideration of a future meeting of citizens. Now, I know
it is a pretty hard matter to consider a large bill properly at a mass
meeting of citizens--a bill such as must be drawn up for the government
of this city. The proper way would be to let the bill be drawn up
and published in the papers, where the people could read and digest
it for themselves, and let the public sentiment be expressed upon it
through the press. A citizens meeting cannot do it. The thing was
attempted once, I know, and a very long, massive bill was drawn up,
but they could not read it through even in one meeting.
C. H. GRIMM (interrupting)--That bill was read through and perfected,
section by section. I was there and I know the fact. Every section was
discussed.
D. W. WELTY--l was present, also, and I know it struck me as being
more like a farce than anything else. It was read through, and those
who knew what it was before--about two dozen men or so voted for it,
and the balance of the meeting did not express any opinion. I did not
consider that that bill had any expression upon it on the part of the
citizens, and I made up my mind that it was not practicable at that
time. It was wholly impracticable. So far as the present city and
county organization is concerned, it is good enough for ordinary times,
but not for extraordinary times. We must see that we do not interfere
with the interests of the county at large. We have interests here as
a county organization, and we have interests here as a city organization,
separate and distinct from these. I apprehend that the great reason why
we cannot get along here with the Consolidation Bill as well as they
do in San Francisco is, that there they take in only the city, while
here they take in the county as well. My idea is that the property
interested shall be represented as much as possible upon that
Committee, because I think that Committee will have the main work
to do.
A MEMBER suggested that the Committee should consist of only two from
each District.
Mr. WELTY accepted the modification, and his amendment as modified
was adopted.
The PRESIDENT--The motion as amended now is, that a Committee of two
from each District--will make a Committee of eight--be appointed for
the purposes stated in the motion.
The motion was carried without dissent.
ALEX BOYD--I move that the President be added and that the Committee
report to an adjourned meeting. For my part, I think we can act in
a citizens' meeting; I for one differ from Mr. Welty wholly, that a
bill of this kind cannot be considered in a meeting of the citizens.
The PRESIDENT suggested that the motion be divided, and said that he
would rather be excused.
C. H. GRIMM said as the President was a modest man, he would put the
vote on adding him to the Committee. The motion was carried unanimousiy.
The PRESIDENT--How shall the Committee be appointed?
SEVERAL MEMBERS--By the Chair.
The PRESIDENT--As I stated before, I regard this as a meeting of no
ordinary, limited or trifling importance, and I would much prefer to
be relieved from the responsibility of even taking an executive part
this evening. If I am to appoint this Committee, I shall appeal to your
kindness to allow me a little time to select them. It is a matter of
vital importance, and with my knowledge of the citizens of
Sacramento--it ought to be pretty thorough and intimate--I should
not like at a moment's notice to be obliged to select a Committee of
such vast importance. If you will allow me time to reflect, and report
the Committee through the paper to-morrow morning, I shall be willing
to engage to have it done. I shall have but one object in view, and
that will be to select those men who will engage in this matter with
a full determination to make it a complete success,
Dr. HOUGHTON--I agree with the President in regard to the importance
of this matter, and that he ought to be allowed time to select the
best men. Parhaps no man in this house to-night would be able to put
his finger at once upon the men who ought to be selected.
Mr. DAVIS--I move that the President have time to appoint the Committee
and report the names through the UNION to-morrow morning. The motion
prevailed.
Dr. HOUGHTON moved that our Senators and Representatives in the
Legislature be requested to give notice of a bill of the nature
contemplated--for a new city government, to take the place of the
consolidated government.
C. H. GRIMM said it was not necessary to give more than one day's notice.
J. MCCLATCHY said he thought that matter might as well rest until
the bill was ready, and then, if necessary, it could be introduced
without any notice at all. Let them agree first upon their bill,
and then there will be no difficulty in presenting it.
Dr. HOUGHTON said there had been former meetings of citizens, at which
there was no dissenting voice upon this proposition, and he had taken
it for granted that some bill of the kind would be presented. He could
not find a man in the city but was in favor of it. It would not take a
long time to frame the bill, and then the sooner it was introduced the
better. .
C. H. GRIMM said this was a small matter, and he did not know as it
would make any difference. It would do no harm to give notice in the
Legislature that they intended something of this sort, even if it did
no good, and he thought they might as well pass the motion. The motion
was carried, and the President requested Assemblyman Saul, who was
present, to notify the Sacramento delegation.
Mr. BOYD--I now move that this meeting adjourn, to meet again at the
call of the President.
The motion was carried, and the meeting bodily adjourned.
[We were requested by the President to say that owing to the lateness
of the hour and his desire to see the members of the Committee to be
appointed and ascertain whether they would serve or not, he was unable
to announce the Committee last night, but they will be announced in
the UNION of to-morrow morning.]
LOSS OF STOCK IN NEVADA.--The Democrat of January 16th says:
Twenty-five head of cattle, among which were seventeen milk cows, were
drowned in Deer Creek, during the late freshet.
The stock belonged to James Wilson, who resides about two miles below
Pleasant Valley.
THE FLOOD AT SAN JOSE--A dispatch from San Jose, January 17th,
at 2 P. M., says:
It has been raining here for the last thirty-six hours, and is
now pouring down hard--strong South wind--with a good prospect
of plenty more. The Coyote Creek in the east is overflowed, and
a few miles south of town runs across the valley and unites its
waters with the Guadalupe on the west. The two rivers also join
again between here and Alviso, making it impossible to leave town
in any direction. The stages left as usual for the boat, but returned
after going about three miles, bringing back all the passengers
and express.
RELIEF IN NEVADA.--A concert is proposed in Nevada, the proceeds of
which are to be applied to the relief of the sufferers in Sacramento.
p. 3
CITY INTELLIGENCE.
THE REVENUE CUTTER SHUBRICK.--At about two o'clock P. M. yesterday,
the attention of our citizens was attracted by the report of a gun
on the river, and in a few minutes afterward the United States revenue
cutter Shubrick approached the landing at the foot of K street.
The Shubrick, under the command of Captain W. C. Pease, left San
Francisco on Sunday, at half past four o'clock P. M., for the
purpose of cruising along the rivers and sloughs south of this
city, extending assistance to all who might be found who required aid.
She arrived at Rio Vista at ten o'clock A. M., on Saturday, and at
that point distributed provisions so far as they were needed. She then
came up the old river and through the Georgiana slough, in which she
anchored and spent the night. At various points on the banks of the
slough she took on board twelve persons, the most of whom were women
and children, and left provisions with such men as chose to remain on
their ranches. She also met one of the boats of the Howard Benevolent
Society, which she furnished with additional stores for distribution.
On her way up the river she took on board from different ranches
twenty-two other persons--making thirty-four in all--and distributing
additional provisions at various points. The night spent in Georgiana
slough is represented as exceedingly rough and stormy. Captain Pease
states that the section of country though which he came has suffered
incalculably from the floods, but the residents generally, both men
and women, bear their misfortunes with a good deal of heroism.
They incline to remain in their houses and take care of their stock
and other property as long as possible, and leave only when absolutely
compelled to. In several instances, when the Shubrick stopped, ranchmen
not only refused to leave, but declined assistance of any kind. The
passengers brought up were, on their arrival, placed on board the
steamer Antelope for San Francisco. The Shubrick will probably leave
for San Francisco today, unless she can be of further service in
the cause of humanity, in which case she will be placed at the
disposal of the Howard Benevolent Society. She is a side-wheel
steamer, of saucy appearance, and would probably be as efficient
in overhauling a suspicious craft as she has been in her late work
of mercy on our inland waters. She carries five guns, one of which
is a twentyfour pound pivot brass Dahlgren gun, and two others are
twelve pounders of the same description. The remaining two are twelve
pound brass pieces, captured from the British by Gen. Jackson at the
battle of New Orleans. The British Crown and the coat-of-arms of
England may still be seen on them. They render a visit to the cutter
especially interesting. The Shubrick is the second United States
vessel which ever visited our city. The revenue cutter Agus, a
small schooner, arrived here in the year 1852--ten years ago--under
command of the present commander of the Shubrick, Capt. Pease, who
was then a lieutenant in the navy.
THE LEVEE NEAR R STREET.--The weak point in the Front street levee,
above R street, is in such a condition that the owners of property
in the neighborhood are anxious to have the work of repairing it
commenced. They are prepared to go to work this morning with ten
or twelve, hands, and desire the Committee of Safety to furnish
gunny sacks and an additional force to complete the work. It is
of immense importance to the city that a crevasse shall not be
created north of R street or west of Rabel's tannery. Near R street,
the railroad embankment would so far back up the water as to keep
the entire city constantly flooded. The damage, inconvenience,
and bad results generally would be incalculable. A decided effort
should be made to-day to strengthen the weak points indicated.
THE LEVEE AT THE TANNERY.--It was currentiy reported yesterday
afternoon that the new levee, at Rabel's tannery, had been washed
away--that the water was coming in--that the Committee had abandoned
all hope of saving the embankment, etc , etc. These reports were of
course circulated with but little foundation. As the river rose
yesterday morning, the new levee commenced to wear away at the lower
end, and required considerable exertion to counteract the effects of
the water. A gang of workmen were engaged during the day in filling
sacks and building a wall of them on the weak spot. Many who saw the
work came into town with the impression that the effort would be
unsuccessful, and reported accordingly. At dark the levee was
considered by good judges to be entirely safe. . . .
ANOTHER INUNDTION.--Our city was visited again last evening by an
inundation very similar to that of Saturday last. The water coming
from the American river at Burns' slough and vicinity, and entering
through the Thirty-first street levee, rose through the day and
evening at the rate of about one and a half inches per hour. It
came over K street before dark, and at nine o'clock in the evening
had covered nearly all points on J and K streets. The water was too
deep for comfortable walking, and too shallow for convenient boating.
At the close of our report it was still rising.
ALL SAFE.--Patrick Bannon and four others started on Sunday morning
from Brannan's [sic, Bannon/Brannon] ranch with a flat boat and ten
head of horses and cattle, for the high lands towards the mountains.
They were known to have encountered a heavy gale, and it was feared
serious consequences followed. They reached home last evening safe
and sound, having escaped with the loss of six out of ten head of stock.
They were carried by the gale some ten miles to the north, where they
struck land and disembarked. . . .
THE RIVERS.--The Sacramento having risen four inches since our last
report, stood, at sunset last evening, at twenty-two feet above low
water mark. The American, which fell during Sunday, commenced to rise
in the evening, and continued to advance during the whole of yesterday.
At the tannery it had risen several feet through the day. . . .
NOT UNDER WATER.--We are informed on good authority, that the higher
portions of J street, between Second and Fifth streets, were not at
any time under water on Saturday evening, on the occasion of the late
partial inundation of the city.
SHINING.--The stars in the western sky made their appearance
between 7 and 8 o'clock last evening, looking remarkably well after
their long retirement. In half an hour a lively rain set in, which
increased until the closing of our report. . . .
TRIAL OF MIKE BRANIGAN FOR RAPE.
Court of Sessions--ROBERT ROBINSON, Judge. P. ROBINSON and G. CONE, Associates.
MONDAY, January 20, 1862.
The trial of Mike Branigan, on an indictment for rape committed upon
the person of Edith Mitchell in June last, was set for trial this morning,
and attracted a considerable crowd of spectators. J. W. Coffroth and
Deputy District Attorney P. J. Hopper appeared for the prosecution,
and Branigan was represented by Col. James of San Francisco and
I. S. Brown of this city.
Judge Robinson suggested the propriety of postponing the trial, as it
would be impossible to get jurors except from a few streets in the city.
Mr. Coffroth said he thought a jury could be impanneled without
difficulty, and it would be impossible to get the witnesses for
the prosecution again if the case were continued. Miss Mitchell had
come all the way from Victoria to give her testimony.
Colonel James said it might take two days or more to try the case;
it would not be possible to impannel a jury in a few minutes.
Judge Robinson said he knew this was a case that ought to be tried
at once, but then if the Lord had intended it should be tried now,
he thought the Lord would have sent more favorable weather.
Colonel James--I don't believe he has been retained on that side.
Judge Robinson gave it as his private opinion that the Lord had not
much to do with either side.
Colonel James said the defense was willing either to have the case
continued or go to trial.
Mr. Coffroth said he believed a contlnuance would be equivalent to
dismissing the case. Besides, he was dissatisfied with the present
bondsmen of the defendant.
Colonel James said the fact that defendant was here proved his bonds
to be sufficient. Further than that, the Chief Justice had once
dismissed Branigan on hls own recognizance after fully examining the
case, as he had no doubt this Court would have done.
The Court decided to proceed with the trial of the case.
Twelve jurors were called, and sworn preliminary to examination in
relation to their competency to serve as jurors in this case. . . .
D H. Norris said he resided now almost anywhere to keep out of the water, . . .
After the recess Judge Robinson again suggested the propriety of
postponing the case, stating that he had heard that the water had
broken through at Rabel's tannery, and there was likely to be a foot
or two more water in the streets in the course of the afternoon.
Mr. Coffroth said he would prefer to enter a nolle pros. rather than
postpone the case.
Judge Robinson said the Court would not compel twelve jurors to stay
here if their families were in danger. For himself, he lived in the
second story of a barn, where he thought the water would not reach.
Colonel James suggested that it was a hard tax on the community to try
the case at this time, and as to the proposition of abandoning it,
that was what ought to have been done long ago.
Mr. Hopper said as the representative of the Distrlct Attorney, he
should certainly object to any dismissal of the case.
After some further talk the Court decided to proceed. . . .
A venire for thirty-six additional jurors was ordered to issue,
returnable to-morrow morning, after which the Court adjourned. . . .
REPREHENSIBLE.--The adjournment of the Legislature for a week at an
expense to the State of not less than $8,000, for which no
quid pro quo is given, is a matter for just complaint
against the representatives of the people. In a city afflicted
with such general suffering as Sacramento, where helpless children
and tender women are submitted to cold, wet, hunger and all sorts
of inconvenience, it looks like heartlessness or cowardice on the
part of members of the Legislature, strong men, who are supposed
to have hearts inside of their jackets beating in sympathy with
the people of the State in this, the hour of general calamity,
to be the first to run away from danger and distress, and seek
places of comfortable enjoyment and good living. The captain
should always be the last to leave his sinking ship; but these
tender skinned gentry are the first.--Stockton Independent.
EFFECT OF THE FLOOD UPON THE TIDE.--For some days there has been
no flood tide coming in through the Heads, but the ebb continues
during the entire twenty-four hours. This extraordinary phenomenon
does not prove that the daily flow of water from the sea, inwards,
has ceased, for the water at the wharves continues to rise and fall
as usual. The explanation, no doubt is that the immense body of
fresh water coming down from the interior being of less specific
gravity than the sea water, has entirely covered the surface of
the harbor, and continues to flow out to sea in an uninterupted
current, while the tide flows in at a greater or less depth below
the surface. To corroborate this, a shipmaster informs us that the
water alongside of his ship in the harbor is
fresh.--Alta, Jan. 18th.
WASHINGTON TERRITORY.--The rains lately in this Territory have been
the most severe. The streams and rivers generally are impassable.
RAIN.--The rain which fell in the city during Sunday, Sunday night
and yesterday amounted, according to Dr. Logan's report, to 1.650.
We have now had nearly twenty-four inches of rain during the present
season. In the mountains the amount has been very much greater at
various points. At San Francisco thirty-two inches and a half have fallen.
FOR OROVILLE.--The steamer Defiance, Capt. Gibson, left the levee on
Sunday evening, with a cargo of merchandise for Marysville and Oroville.
In the present high stage of water in our rivers, she will probably met
with no difficulty in reaching her destination. . . .
Sacramento Daily Union, Volume 22, Number 3375, 22 January 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION]
SENATE
TUESDAY, January 21, 1862.
The LIEUTENANT GOVERNOR called the Senate to order at 11 o'ciock, and
the roll was called, Messrs. Heacock and Thomas being the only absentees. . . .
BILLS. . . .
Mr. CRANE (on leave) introduced a bill for an Act fixing the residence
of the State officers, and repealing all laws in conflict therewith.
He said, at the same time, that he would move to lay the bill on the
table, to be acted on by and by, in order to await some similar action
by the Assembly. [The bill provides that the Governor, Secretary of
State, Treasurer, Controller, Quartermaster General, and Surveyor
General, from and after the passage of the law, and until the first
day of June next, shall reside and hold their offices in the city of
San Francisco, and that after the first day of June they shall return
here.] These several officers, Mr. Crane said, being required by an
Act to reside at Sacramento, could only remove on the authority of an
Act passed for the purpose. The bill proposed had been submitted to
the friends of Sacramento, and would meet no objection provided the
resolution, which was expected to pass the House, would be concurred in.
It was laid on the table. . . .
COMMITTEE CLERKS. . . .
Mr. CRANE thought this year there would be more to do for the
Finance Committee than heretofore owing to the great calamity which
had swept over the State like a besom of destruction, and which would,
of itself, create a great deal of financial legislation. Then, there
were our federal relations, and the prosecution of the war, subjects
that would come before the Finance Committee. If the Committee had
had a Clerk heretofore, they ought not now be deprived of one.
The amendment (including a Clerk for the Finance Committee) was lost. . . .
THE RELIEF OF SUFFERERS.
Mr. Banks (on leave) introduced a bill to appropriate $25,000 out
of the money in the General Fund, and place it at the disposal of
the Howard Society of Sacramento, to be expended in relieving the
sufferers by the flood.
It was read twice, and took its regular course.
On motion, the Senate [3 P. M.] adjourned until tomorrow at 11 o'clock.
ASSEMBLY.
TUESDAY, Jan. 21, 1862.
The SPEAKER called the House to order at eleven o'clock, A. M. . . .
THE REMOVAL QUESTION AGAIN.
Mr. Hoffman offered the following concurrent resolution, which was
read by the Clerk.
Resolved, by the Assembly, the Senate concurring, That this
Legislature, when it adjourns to-day, do adjourn until Friday, the
24th day of January instant, 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 Assembly, to act with a like Committee to be
appointed on the part of the Senate, whose duty it shall be to procure
and cause to be fitted up proper apartments for this Legislature and
the attaches thereof, and shall remove thereto all the property and
appurtenances belonging to this Legislature; and that the members of
the Assembly and Senate do meet on said 24th instant, at 12 o'clock
noon of that day, in the hall of the building on Battery street,
between Washington and Jackson streets, known as the Exchange Buildings,
from thence to be conducted by their respective presiding officers
to the apartments prepared for them.
The SPEAKER stated the question on the adoption of the resolution.
Mr. HOAG said he rose to a question of order, which was that the
resolution was one which had previously been introduced and passed
in the Senate, and subsequently rejected by the House, and, according
to rule twelfth, when a bill or resolution passed in one House had
been rejected in the other, it was not in order to introduce it again
in either House until after five days notice, and then by a two-thirds
vote.
The SPEAKER.--The point of order is not well taken, this resolution
being a new resolution.
Mr. WARWICK said this question was one of such serious importance
to his constituents that, though he had already spoken, possibly more
than he ought to have done upon it, still he considered himself
justified in trespassing a little further upon the time of the
House. He did not wish to stand up in opposition to the majority,
but if a removal was insisted upon, he hoped it would be done legally,
so that all the Acts of the session would not be null and void. He
would call attention to a parallel case of legislation which had cost
this State nearly half a million of dollars. A few years ago the
management of the State Prison had given so much offense that the
Governor was commanded by the legislature to take immediate
possession of it. In that Legislature were able men and distinguished
lawyers; yet, though repeatedly warned, they failed to avoid the
trap. The consequence was that that piece of hasty legislation cost
the State, or would cost before the matter was done with, at least
half a million of dollars. Now, it was possible to remove the
Legislature legally, but he was assured by high authority that they
could not legally adjourn to San Francisco upon a mere concurrent
resolution. The only way was first to pass an Act repealing the Act
making Sacramento the Capital of the State, and then to pass another
Act making the city of San Francisco the temporary Capital, both of
which Acts would have to receive the sanction of the Governor. The
Constitution of the State made it imperative upon the State officers
to reside at the Capital, and the idea of getting along with
legislation without them was an absurdity. Constant communication
with them was absolutely indispensable, and that would be impossible
with a distance of 120 miles intervening. If this thing must be
done, he begged gentlemen for the interests of the entire State to
do it in a just, proper and legal way. He was assured by some of the
best lawyers in the State that the forms he had mentioned would be
indispensable.
Mr. PAUL offered the following as a substitute for the resolution:
Resolved, by the Assembly, the Senate concurring, That when
the two houses adjourn this day they do so to meet again at the call
of the Governor of the State.
The SPEAKER--The question is on the adoption of the substitute.
Mr. SAUL. said there seemed to be a determination on the part of the
House to carry this adjournment, and he thought it was his duty to
oppose it, at least in the manner in which it was proposed to be
done. They had already twice fought and defeated that proposition.
If they were going to adjourn at all, let them do so not for the
interest of Sacramento, or any other place, but for the interest of
the entire State, and without putting the State to the expense of
paying the per diem of members while they were idle. Sacramento was
not alone in the calamity which had befallen her; the same calamity
had overspread the whole State, and the entire Pacific coast. Let
them adjourn, if at all, to such time as the Governor might see fit
to call them together, when the floods should have subsided, and when
legislation would be necessary to meet the exigencies of the times.
No man was so blind to the calamity, which had visited all alike, as
not to know that the entire State would need legislation in consequence
of these floods. The whole country had been devastated, fences, houses
and other structures swept away, and it would be necessary to pass
measures of relief, to repeal some of the laws concerning fences, etc.
Else how could crops be put in? how could people pay their taxes and how
could they raise money to carry on the State Government and aid in the
protection of the General Government? In the way he proposed they could
save expense, and on reassembling they would know better what the
interests of the State required. He did not speak in the interest of
any particular locality, and hoped his hands would never be so bound that
he could not as a legislator act for the good of the whole State of
California. As a farmer, he was not supposed to be posted in legal
technicalities, but he had common sense, and he would ever raise his
voice in favor of those who had been severely visited by Providence.
Mr. HOFFMAN opposed the amendment. He was elected to represent faithfully
the interests of his constituents, and it was not for their interest
to have an adjournment which would carry the session along for two
months. They had business demanding immediate attention, which was
of more importance than the interests of any particular locality.
They had a duty to perform to the General Government, which was of
more importance than any local interest of Sacramento, and if that
matter were deferred the result might be disastrous. The clouds of
war were lowering around them, and they ought to act promptly and
patriotically. If they were to do anything for the relief of those
who had suffered by the recent disasters, that relief ought to be
immediate; two months hence it might be too late. No appropriation
bills had been passed, and everything else would be left undone.
Again, if this adjournment took place, the mileage of members home
and back again would have to be paid. He hoped they would vote down
the amendment, and adjourn to some point where they could transact
the business of the session legitimately and promptly, and then go
home.
Mr. BELL renewed the point of order raised originally by Mr. Hoag,
that the resolution for adjournment in San Francisco could not be
offered, having been rejected by the House, under Rule 12, without
a previous notice of five days.
The SPEAKER overruled the point of order, holding that the resolution
was new matter, as it originated in the House, and contemplated a
new adjournment
Mr. BELL appealed from the decision of the Chair, and contended that
the rule was intended to cover just such a case as this.
Mr. PORTER suggested that this was a new resolution, became it embraced
a further proposition, that the Legislature adjourn to a particular
place in San Francisco, the omission of which from the other resolution
constituted an objection to it.
Mr. BELL replied, contending that that was a mere evasion of the rule
by means of a technicality. This rule was intended to prevent snap
judgments, and to override it now might be a dangerous precedent.
Some monster measure once killed and disposed of might be resuscitated
in the same way, and it would be gross injustice to absent members.
Gentlemen wishing to adjourn to San Francisco, to San Jose, to the
ilttle [sic] Paradise of Oakland, or elsewhere, might think this rule
bore heavily upon them, but the rule was one of the concentrated
results of the wisdom of ages, and be careful how they set it aside
for the sake of sailing with all the paraphernalia of the Legislature,
like a Noah's Ark, down the river, with colors flying and a brass band
perched upon the top of the ridge pole. Let them remember, that two
wrongs never make a right, and take the advice given to Ephesus by the
town crier of that great city--"Oh, Ephesians, learn to do nothing
rashly." Let those who were going to vote for this removal win respect
by beginning honestly; let them say by their vote on that rule, "This
is an honest fight, and if the Legislature shall remove, it must be
by law and by rule." Should they override rules which were the
concentrated wisdom, not of the California Legislature, of the
Congress of the United States, of the Parliament of England, or of
the Assemblies of the savans [?] of France, but of all times since
the first Areopagus sat in Greece to the present moment, and all for
the sake of getting rid of a little water and mud?
Mr. DUDLEY of Placer, suggested that this was like a concurrent
resolution to adjourn the Legislature sine die, which was habitually
renewed from day to day near the close of the session, and always held
to be in order. Besides that he agreed with the Speaker, that
this was altogether a different resolution, naming a different date,
time and place of adjournment.
Mr. FERGUSON said this was not like a motion or resolution to adjourn,
because that was always in order and was not debatable. He contended
that this was in substance, at least, if not in form, identical with
the resolution which the House had already twice defeated. Each had
for its object the adjournment of the Legislature to San Francisco.
The SPEAKER said the resolution acted upon last week was a proposition
made by the Senate to the Assembly, while this was a proposition made
by the Assembly to the Senate. It was therefore de novo, as much
original as though no resolution of the sort had never originated in the
Senate or been acted upon by the House.
Mr. HOAG contended that in the matter of concurrent resolutions the
two branches were in reality acting as one body, and therefore it
made no differrence as to the identity of the proposition in which
House it originated. The rule referred to in express language precluded
that idea by supposing that the same proposition might be renewed in
either branch. If they were worthy to make laws for the people, he
hoped they would consistently maintain their own rules, and not abandon
principles for the sake of temporary expediency. He considered the main
proposition before the House as a great monster, and in the opinion of
absent members who relied upon the rule to protect them, it was now
sleeping a sleep of death. It was unjust to these members to set aside
the rule, and take a snap judgment upon them. As to the resolution to
adjourn sine die, he was of the opinion that that also should require
five days notice after having once been rejected. If former Legislatures
had done wrong in that respect, that was no reason why this Legislature
should follow the example.
Mr. WARWICK quoted from L. S. Cushing's Parliamentary Manual, to the
effect that in determining the identity of propositions their respective
objects should be considered.
Mr. AVERY said that he believed those members who had not boasted of
their conscientiousness would be found quite as conscientious as those
who had boasted loudest. For his part he was willing to be governed by
the rules as he understood them, and he believed that if a bill were
rejected it was competent to introduce the same bill, with an additional
section, as a new bill, and that without any five days notice. This
resolution proposed to adjourn to the United States Court Rooms in
San Francisco, and that was an entirely new proposition. The gentleman
from Sacramento (Mr. Warwick) had reproduced L. S. Cushing, the authority
which the gentleman from Alameda demolished the other day; it seemed
there was not much understanding between them.
Mr. BELL---None at all.
Mr. AVERY said he did not know much about L. S. Cushing, and he would
ask was he the ghost of the great Caleb? [Laughter.] He never followed
the original Caleb, and certainly could not be expected to pay much
regard to his ghost; In fact, he was not afraid of ghosts.
Mr. SHANNON defended the decision of the Chair, and considered that
this was one of those rules which were subject to construction, and
the only way of settling differences of opinion upon it was by taking
an appeal and voting aye or no, as was now proposed. He conceived
that this resolution did not come within the rule cited, because,
although aiming at the same object as the one previously rejected,
it presented in many respects a different question. The gentleman
from Sacramento (Mr. Warwick), with all the acuteness of an adroit
pleader at the bar--he meant the legal bar only--had read his
authority only so far as suited his purpose; if he had gone a little
further he would have found L. S. Cushing stating that the rule in
question was confined to the House in which the previous proceeding
had taken place, and to the members of that House.
Mr. REED said he found but very little difficulty in bringing his
judgment to support the decision of the Chair, although he had pursued
a different course to arrive at the same conclusion. He considered
the resolution to adjourn to San Francisco was, in all its essential
properties and qualities, the same as a simple motion to adjourn,
which was always new and always in order. The reasons for or against
the motion at one time, erased to exist at a subsequent time therefore
the resolution would be in order at any time.
Mr. SEATON said it seemed to have been overlooked that the rule
referred to was a joint rule governing both houses. If, as the
gentleman last up had remarked, this resolution was essentially the
same as a motion to adjourn, then it was not debatable.
Messrs. Bell, Shannon and Hoag demanded the ayes and noes on the question,
"Shall the decision of the Chair stand as the judgment of the House?"
and the result was--ayes, 48; noes, 19--as follows:
Ayes--Ames, Avery, Battles, Blgelow, Brown, Cot, Collins, Cunnard,
Dana, Dore, Dudley of Placer, Eagar, Evey, Fay, Frasier, Griswold,
Hillyer, Hoffman, Irwin, Jackson, Kendall, Leach, Loewy, Love, Matthews,
McCullough, Meyers, Moore, O'Brien, Porter, Reed, Reeve, Sears, Shannon,
Smith of Sierra, Thornbury, Tilton of San Francisco, Werk, Woodman,
Wilcoxon, Wright, Yule, Zack--43.
Noes--Amerige, Barton of Sacramento, Bell, Benton, Davis, Dennis,
Eliason, Ferguson, Hoag, Machin, McAllister, Parker, Pemberton, Saul,
Seaton, Smith of Fresno, Thompson of Tehama, Waddell, Warwick--19.
So the decision of the Chair was sustained.
The SPEAKER stated the question on the substitute proposed by Mr. Saul.
Mr. HOAG inquired if, in case the substitute should pass, and the
Legislature adjourn to meet at the call of the Governor, the members
would be entitled to pay for the intervening time.
The SPEAKER--Undoubtedly they would, in accordance with the law.
Mr. HOAG said, understandingly, that if that would be the case he
should be compelled to vote no.
The ayes and noes were demanded on the amendment, and it was
lost---ayes 4, noes 53. Those voting aye were Messrs. Barton of
Sacramento. Parker, Saul, and Warwick.
The question recurred on the original resolution proposed by Mr. Hoffman,
which was read.
Mr. BELL addressed the Speaker amid cries of Question! question!! He
said the Speaker had recognized him, and it was then too late for
gentlemen to cry question. He would be glad to hear some other gentleman
argue this resolution more convincingly than he could, but for fear if
he took his seat no one else inclined to oppose it would be able to get
the floor, he would briefly give his views on the subject. As had been
frequently said, this question had been fairly and squarely debated and
it had been fairly passed upon. But now it was brought up again, as
he still believed, contrary to the rules and unfairly, for among the
absentees were mauy opponents of this measure, who would be ruled out if
they decided it now. It was then passed upon by an unprecedentedly large
vote--seventy-seven votes being cast--and they had a right to consider
the thing settled. He was clearly of opinion, from accurate and
scientific observations since 1849, and observations more or less
accurate and scientific embracing a much larger period, that the rains
and the floods of this season were about over. There had never before
been more than twenty-two inches of rain in one season since California
became a State, but this year a much larger amount had fallen. He
asked, then, if it was likely that that great Omniscience that rules
over the destinies of fire, and flood, and earthquake was going to
forget his wisdom on this particular Winter for the sake of the
righteousness or the sins of Sacramento, San Francisco, or any other
town in this great State, or for any other unfathomable cause? Was
it probable that the great laws of nature were to be suspended and
the windows of heaven never closed? They had stood up here like men
against a succession of floods and had been well taken care of, with
warm beds and plenty of bread and cheese. He had suffered no loss or
inconvenience from the floods; on the contrary, he had felt exhilarated,
and thankful to the good Providence which had permitted him to see these
floods--the utmost which nature seemed to have in store. The universal
laws of Nature proclaimed to them that the floods had now spent
themselves, and they might now expect sunshine and calm. So that if
they adjourned now they would be running away from a flood which was
still faster running away from them. After the vote on this question
last Tuesday, he saw in J street at least a dozen ladies absolutely
buying ribbons, laces, hoods, bonnets, gaiters, and even thin soled
slippers and pumps in this city of Sacramento, which had been flooded
to such an extent that it was said to be impossible for 120 stalwart
men to stay in it. It was plain to be seen that the sunshine as now
about to be seen again spreading over this inland sea, and the waters
about to assuage as they did from Mount Ararat, so that members could
descend, Noah like, and could go out shopping, in the sunshine, with
their wives and daughters, if they had any. Were they then to be afraid
of a flood which had spent itself and was escaping from beneath their
feet, even while they were making up their minds to vote on this
question? Were they fit to make laws for the government of human kind
when they were not willing to accept the laws of the great Divine
Universal Mind? In a few days Sacramento would appear clean and
garnished--swept clean by the Augean waters--unsurpassed for its
exceeding glory and beauty. How would it read in the future time if
it was recorded that they went away from these high, firm walls, far
above the reach of all floods, with dry curtains at the windows,
clean carpets and bounteous desks--120 men in the full vigor, manhood
and flush of youth and health, were afraid, and voted to run away from
their duties on account of a little water under foot? They would become
infamously known throughout the world as the changing, floating,
mudscow, steamboat moving, forever uncertain Legislature of California.
[Applause.] They would find now, in the different editions of the school
geographies, San Jose, Vallejo, Benicia and Sacramento, all put down
as the Capital of the State of California; and now they were going to
utterly bewilder the rising and coming generations, and all future
historians, by adding San Francisco to the list. He thought self-respect
should deter them, even though they were chin deep, with not a single
gondola. flatboat, dry goods box or pig box in which a contraband or a
Senator could float. Now, was the time to redeem the reputation of the
California Legislature, by letting the world know that they knew their
own mind, and could stick to it, under Rule twelve forever. [Applause.]
What was to be gained by the removal? There was an underlying current
in it, like the salt water of the Pacific underlying the yellow stream
that poured through the Golden Gate. The deep salt water came beneath,
bearing the golden stream like a crest of yellow hair upon its mane, and
so underlying the current that set the Legislature towards San Franciaco
was a deep briny current, which had determined many to remove at all
hazards. A man high in office, whom it was not necessary to name, had
said to an intimate friend of his that this adjournment was a mere
bagatelle, that all they wanted was once to get the Legislature away
from Sacramento, and all the powers of the vasty deep, let loose as in
old Noah's time, could never bring it back--never. That was the animus
of the movement.
Mr. FAY inquired if the person referred to was a member of that House.
Mr. BELL replied that he was not. He would suppose for a moment that
the Capital ought to be in San Francisco, in Oakland, or in San Jose,
and for his part he thought the decision of the Supreme Court was
erroneous that San Jose was not the constitutional Capital, although
he bowed to that decislon; still who could tell what would be the
results of the flood upon the foundations of the Capitol? Who could
say now but by removing they would be absolutely taking away the
Capital from the safest place in the State? How did they know if
they built a magnificent Capitol upon the summit of one of the hills
of San Francisco, and erected thereon the mightiest dome that graces
the Capitol of any of the thirty-four States, despising all the powers
of flocd and fire, and all the vicissitudes that had yet visited the
State, but that a mighty earthquake would throw down that dome, burying
all beneath it? Who could tell but after running away from a little water
the earth would so shake that they would not be permitted to run, but
Capitol, dome, Assembly, Senate and all would be engulphed in one
common grave, which would swallow them up more effectually and
hopelessly than all the floods Noah ever dreamed of. This present
calamity they had seen the worst of, had breasted it with mud scows
and Whitehall boats, and some of them, like his friend from Calaveras
(Mr. O'Brien), had breasted it, booted and clad in his old time miners'
attire. And now when the danger was all over, when boats were abundant,
obeying even the beck of a legislative finger, when the inland seas
were leaving, when they were all comfortably housed in upper stories,
bedded, fed, brought here dry shod, and unbooted, It was proposed to
flee. It seemed as if the little stream of water that had washed the
lower stories must also have washed away the understanding of members,
for all the arguments and reasons which prevailed against this
proposition a week ago, were still existing, multiplied a hundred
fold. But the truth was that there was a deep laid scheme underlying
the movement, like the strata underlying the waters at the Golden
Gate--a scheme proposing that Sacramento should go under without
giving so much as another squeak, nor even making so much as the
sign of the scissors above the waves, as the sinks engulphed in a
concurrent resolution. That was the determination. If he were
determined to remove the Capital, no hydraulic pressure could have
squeezed such a purpose out of him at a time like this. He would
not consider it magnanimous when a man or a city was engulphed in
mud and flood, to give him or it a parting kick out of sight, and
beyond even the power of bubbling to the surface an exclamation
against the injustice. Never should it be said of a true Californian
that he was not brave, and magnanimous, even to his foes, much less
to an unfortunate sister like this fair city of the plains. It had
been said truly that San Francisco had been generous towards
Sacramento, but that would be no compensation for robbing her of
the Capital. It would be like robbing a maiden of the inestimable
jewel of virtue and then seeking to compensate her with a ribbon,
or a shawl, or a new dress. They would be destroying the credit of
Sacramento and driving her to repudiation, and then seeking to
palliate the act by alleging their benevolence. It would require a
labor of at least twenty-five years to enable Sacramento to recover
from such a disaster, and possibly she would never recover wholly.
The Legislature, by adopting this resolution, would pronounce this
great valley uninhabitable; and not only that, but this great city
of three-story edifices--this entrepot and point of exchange for
the everlasting golden hills and the villages on the mountains and
ranches on the plains; and those poor men taken from treetop and
housetop, and shabby boats and other perilous positions--those hardy
men, to-day without a home, would have to labor for a quarter or
perhaps a half a century to recover from the blow it was proposed
to give them as their quietus. They were to stand by like the
unnatural mother of a tempted daughter refusing help or succor.
It was said that there was danger to the health of members here.
He thought they all looked robust, as if the boating in Sacramento
had done them good; and if there were cases of sickness they could
not expect to escape that unless they found a location for the Capital
at a point which would be inaccesible to the Angel of Death. He
thought the trip to San Francisco last week had not rendered them
more firm on their feet, and certainly holding an umbrella against
the storm there was more fatiguing than riding in well cushioned
boats through the streets of Sacramento. He had been arraigned for
appealing to the consciences of members but he thought if John Tyler,
who tried to step into the seven league boots of General Jackson,
could appeal to his conscience in a veto massage [?]. he might be
excused for supposing that a California Legislature was possessed
of a conscience. If he was mistaken, he would take it all back and
appeal to the aggregate judgment of the House. Why did they desire
this removal? He knew of some reasons. He had conversed with one of
the immense monetary men of San Francisco one of those famous men who
dealt not only in lands inside and outside of the Pueblo limits, in
Peter Smith claims and Van Ness ordinances, and in San Francisco scrip,
but who was ever mixed up with that greatest of all monsters that ever
lifted itself from the mud and slime of the greatest of bays--the
monster bulkhead. He would quote the language of this elephantine
personage. It was--"Bell, why in hell have you been playing the devil
up here about this adjournment?" [Laughter.] In the course of
conversation he found that this man had a fair plain in the hundred
hilled city of San Francisco, which he would by all means feel
compelled, for the sake of the public good to give as a site for
the building of the Capitol, notwithstanding that that would bring
his adjoining property into disrepute, compelling him to sell it
to poker players and saloon keepers, and all those tribes that gather
around the California Legislature like kites and hawks, and buzzards
and other abominations gather around their prey. That would be a great
affliction to his righteous soul; still, he would do it for the public
good, if men would have it. One delegation after another waited upon
him in the immaculate city of San Francisco, saying, "Oh! Bell what
have you done? Here are corner lots in danger, and the saloon keepers,
and all the men that make votes, and buy votes, and transfer votes,
and stuff votes, and make patent ballot boxes, and so make Governors,
and Presidents, and legislators. Oh! Bell you have offended tham all,
and they are all down upon you, Bell! Oh, Bell! Oh, Bell!" [laughter.]
And an organ of that class had actually mounted his poor frame with a
cracked bell, supposed to be giving forth an unwholesome sound in the
ears of the unwholesome Legislature. When he learned how all this
unterrified underlying bed rock people berating him as a cracked Bell,
they could imagine how his soul trembled and his knees shook. They toll
him unless he mended his ways he would never get one hundred votes
again, and his beautiful Oakland, even, would spew him out like a bad
oyster. Above all things, he feared the majesty of the people, but if
they condemned him for doing what he conceived to be right he would
die at his post as heroically as he could, like the great Baker
leading on his forlorn hope. [Applause ] Why in their secret hearts
did gentlemen desire this removal? He would answer for nlne-tenths
of them, that if the underlying conscience could flame out as it
sometimes would, they would say that it was only for their personal
convenience. That was his firm conviction, ingrained in every fiber,
and flowing through every nerve of his body. It was nothing in the
world but the personal convenience of one hundred and twenty stout,
able bodied man, that claimed to be true Californians. Suppose he
had mistaken many of them in that regard, where was he to look for
any patriotic motive? What was to be gained by going to San Francisco,
except in the way of benefitting corner lots and speculators. It would
be a great convenience and saving to him personally to go there, but
he preferred to stand by the interests of the entire State, from
Siskiyou to San Diego. It was true charity to stand by the unfortunate,
not simply to give them gifts. Their brethren in the East waded through
worse mud and water to face the deadly cannon and die for their country,
and surely they ought to endure the little discomforts here necessary
to endure in the performance of their duty. He apologized for anything
he might have said in the heat of debate which sounded like denunciation,
and concluded by declaring that every man of them would surely repent
of it who should by his vote aid in destroying the fair fabric of this
city by removing the pillars of this Capitol.
Mr. SHANNON offered as a substitute for the pending resolution the
following:
WHEREAS, There are legal questions involved in the adjournment of the
Legislature to a place other than the Capital, therefore be it
Resolved, That the Attorney General be requested to report to
this House the law upon this question, and if possible, either by
agreed case or otherwise, to obtain the opinion of the Supreme Court
thereon, on Thursday next, the 23d instant,
The SPEAKER ruled the amendment out of order.
Mr. SHANNON urged the passage of his resolution, and suggested that
the pending resolution could be temporarily laid on the table for
the purpose of its consideration.
Mr. FAY moved that the resolution be temporarily laid on the table
for that purpose.
The motion prevailed--ayes, 44; noes, 17.
Mr. SHANNON then offered his resolution.
The resolution was. debated at length by Messrs, Shannon, Wright, Ames,
Reed, Hoffman, Fay and Seaton.
Mr. HOFFMAN [Mr. Collins in the chalr] offered an amendment to pay
the Attorney General $150, for expenses in getting the matter before
the Supreme Court, but subsequently withdrew the amendment on being
informed that the Attorney General did not desire it.
Mr. HILLYER moved to amend by striking out so much as referred to
the Supreme Court. Lost.
The resolution as proposed by Mr. Shannon was adopted, on a division--ayes,
40; noes not counted.
Mr. BELL offered the following:
Resolved, That the Sergeant-at-Arms be and he is hereby
authorized to receipt to the Controller of State for warrants for
the per diem and mileage of the members and officers of the Assembly.
Mr. AMES objected, and called for the regular order of business.
The SPEAKER pro tem. said the regular order was the presentation of
petitions.
Mr. AMES called up the concurrent resolution introduced by Mr. Hoffman
for adjournment to San Francisco.
Mr. O'BRIEN raised a question of order that that would require a
suspension of the rules, not being the regular order of business..
The SPEAKER pro tem. decided that the majority could take up the
resolution.
A protracted discussion ensued upon the question of order, in the
course of which Mr. Shannon urged the propriety of taking no action
upon this resolution until the opinion of the District Attorney and
the decision of the Supreme Court should be obtained, if possible.
The question of taking up the resolution was still pending when, on
motion of Mr. Ames, at 3 o'clock the House adjourned. . . .
RELIEF IN SAN FRANCISCO.--The San Francisco Bulletin of January
20th has the following:
At twelve o'clock to-day there were about 100 guests from up the river
at Music Hall, and operations were going on much after the fashion of
every day last week. The working members of the Committee were in
their places, and some thirty ladies were busy assorting, distributing,
cutting out, basting and sewing clothing. The sewing machines are on
the platform to-day, handier to the cutters and distributors. Most of
the thirty were ladies who have not been published as engaged in the
good work, and woule [sic] be offended if such liberty should be taken
with their names. Working for blessed Charity's sake, they hold that
it would spoil the flavor of their enjoyment, should the left hand be
informed by print what the right hand doeth There were lodged in the
house last Saturday night 170 persons, of whom about 70--so one of the
Committee said--arrived by the evening boats. Yesterday more than half
of these were provided with homes about the city. The Committee remained
at their posts through the day and about two dozen ladies worked on as
usual, making up garments for the half naked. There are several hundred
of the Committee's guests scattered over the city, most of whom, and
excepting those quartered on families, are daily supplied with bags
of provisions from the Hall. The contributions are coming in at the
usual rate to-day, though the tide hardly gets well to running before
one o'clock. They come in in cash, bundles of clothing, great chunks
of meat from the butchers, game and vegetables from the market men,
and groceries and dry goods from the stores. The collections in the
Catholic churches yesterday have not yet been reported to the Committee,.
Possibly it was the intention to turn it over to the Catholic
institutions that are sharing vigorously in the work of relieving;
though this is not probable, since the Committee send to many such
institutions their daily supplies. All sects fare alike in the bounties
of all our citizens of all colors and conditions in this strange
emergency. Whoever is human and is in distress has a preferred claim
and is sure of help. The collection in the Folsom street Methodist
church yesterday amounted to $210. The receipts yesterday at the Hall
sum up small, of course, compared with week days. They were of seven
bundles clothing, one barrel of corned beef from James Quinn, ten
baskets of provisions, a lunch for the ladies of the Committee from
the Clipper Restaurant, $120 in cash from the Mission Woolen Mills.
The receipts of the preceding day counted up some $700. . . . .
THE CAPITAL CITY O. K.--To the credit of the Assembly of California,
that body, on the 14th inst., finally disposed of the concurent [sic]
resolutions, previously adopted by a small majority in the Senate,
to adjourn the session of the Legislature to San Francisco, by rejecting
it and refusing to reconsider. The sentiment of the people of the
State is overwhelming in favor of the Capital being permanently located,
as it is, at Sacramento, and the temporary inconvenience caused by an
inundation, which submerged the entire valley of the Sacramento and
San Joaquin rivers, should never have suggested the agitation of the
question of removing the seat of government.--Golden Era. . . .
p. 2
NEWS OF THE MORNING.
. . . .
The Sacramento river rose six inches during Monday night and a portion
of yesterday, and by last evening it had fallen to the same extent,
leaving it stationary at twenty-two feet six inches above low water mark.
There was no perceptible fall in the American. . . .
THE LEGISLATURE.
In the Senate, yesterday, two or three special bills, of no general
interest, were passed. A bill was introduced by Banks of San Francisco,
to appropriate $25,000 to the Howard Benevolent Association, to be
expended in the relief of sufferers by the flood; it was placed on the
general file. A bill was offered by Crane of Alameda, requiring certain
State officers to remove their offices to San Francisco, and keep them
there until June next; it was temporarily laid upon the table. . . .
In the Assembly a resolution to adjourn to San Francisco was laid on
the table, and a resolution was adopted requesting the Attorney General
to furnish an opinion by Thursday, the 23d inst, in regard to the
constitutionality of a temporary removal of the Legislature. The Assembly
also expressed a desire to bring the question before the Supreme Court,
if a case could be made for that purpose.
HOWARD ASSOCIATION.--The whale boat sent up the American river returned
Monday evening, having crossed above Lisle's bridge, passed through
the slough, up and across the Marysville Road and out at Brown's ferry,
thence down the Sacramento--aiding all who desired it, and bringing in
reliable information of the condition of the large number of families
in that section. The same boat to-day relieved nine families below
Sutterville. The relief boat from San Francisco in charge of Mr. Lovell,
returned from Richland and vicinity to-day, and has rendered most
efficient aid again on this its second trip. The number fed at the
Pavilion yesterday exceeds that of any day since the last flood. The
prospect of continuous bad weather daily drives numbers, who have borne
with hardship and distress difficult to realize, to seek the guardianship
of the Society for such time as will allow them to make arrangements for
their own sustenance. Upwards of three thousand persons have thus far been
relieved and provisioned, and the demand continues unabated. The scope
of the Society is to any and all points above San Francisco, where want
and distress abound; and the Directors have been consulting a day or two
past respecting ways and means. The treasury is exhausted, and in a few
days they hope for supplies of money that will be sufficient to cover
their large outlays.
MAIL LOST.--The mail which left Nevada, January 15th, for Marysville,
was lost on the way down. The boat containing it was upset.
THE ADJOURNMENT QUESTION.
We concede that Sacramento does not at this present writing offer a
very attractive appearance, and we may add that the remark applies
to every other city in the State. If Sacramento was alone a sufferer
from floods, it would be just to compare her unfavorably with other
cities. But she is not an exception. The floods have been general;
the entire State has been visited, and to a greater or less extent
devastated. We do not stand alone in our misfortunes. In view of
these facts, it is neither fair nor just to hold Sacramento responsible
for a visitation of Providence which is general on the Pacific coast.
After having made a rather ungenerous effort to adjourn to San
Francisco which did not succeed, the Legislature adjourned for one
week in hopes of an improved condition of the weather and the city.
But the rainy, disagreeable weather did not adjourn; the storms of
wind, rain, and snow continued during the week, and members returned
to find the city again invaded by the remorseless waters of the
American river. In this the fates, it must be admitted, are rather
against the city, as our streets have been for the week the Legislature
stood adjourned in a condition so passable, as to have permitted
members to attend to their legislative duties. As matters have
terminated, the adjournment was a mistake. It has proved so much time
lost, as the weather continues bad, and the water again entered the
city to an inconvenient depth the very night before the Legislature
was to convene according to adjournment. As a consequence, another
move was made yesterday to adjourn to San Francisco for the session,
but it did not meet with success. The resolution was laid on the
table in the Assembly, where it originated. Had we been blessed with
fair weather for the past week, no second motion to adjourn to another
place would have been submitted. To the weather, therefore, we are
indebted for the motion to adjourn. Fair weather for a week would
work an important change in the feelings of those gentlemen so
anxious now to adjourn to the Bay city. But cannot the legislation
necessary for the State be performed in Sacramento, in spite of
disagreeable weather and high water? If members so determine, it
can be done. It may subject them to some inconvenience, but if they
resolve to make the sacrifice and go forward with the State's business,
the fact will be noted and appreciated by the people. The State House
is above water, and the members are as comfortable while in session as
they can be made anywhere during such continuous rain storms. And then
the difficulties of even a temporary removal will be much greater than
many suppose. There are constitutional questions involved, as well as
questions of prudence and economy. Under the circumstances, if members
will resolve to proceed with the business of the session as if no
extraordinary events had been added to the history of the country,
their course will meet the fullest approbation of their constituents.
A short session in Sacramento would prove far more acceptable to the
people of the State than a long one in San Francisco. But if an
adjournment is considered necessary, it will be far better and more
satisfactory to the country for the Legislature to adjourn until next
May, or until called together by the Governor, than to adjourn to San
Francisco for the session.
As at present situated, it is impossible for members to communicate
with their constituents during a session held this Winter, but if
they adjourn until Spring, they will be able to hold intercourse
with them daily. Unquestionably the better policy for the State,
unless members determine to go forward and close the business of
the session by the first of March, is an adjournment until May, when
fair and pleasant weather may be surely anticipated. At least, if
an adjournment is to be had, let the people of the State be furnished
with some reason and argument for such an extraordinary step besides
the personal comfort of members. This argument will go but a short
distance towards a justification before the people. . . .
It would be a just retribution if time demonstrates that the Republicans
in the Legislature are digging the political grave of the party in this
State, by their course on the proposition to adjourn to San Francisco,
to promote--not the public good--but their personal comfort.
LOSSES BY FLOOD IN OREGON.--Among the heaviest losers by the floods
in Oregon City are Kelly & Pentland, Linn City Works, $40,000; Daniel
Hawley, McLaughlin Mills and contents $50,000; Island Mills, $20,000;
Moore & Marshall, Willamette Iron Works, $8,000; and many others whose
losses range from $1,000 upward. . . .
GREAT FLOOD IN STOCKTON.--Stockton has been visited by another flood,
far more disastrous than any former one. The Independent of
January 18th says:
At the moment we write this, Friday, 3 P. M., Stockton is some fonr
inches deeper in water than it has been at any prior inundation of
the season. All the eastern part of the city was filled up last night
to a depth ranging from two to four feet. In the business
streets--Hunter, El Dorado, the north side of Main, and Center, on
which the Independent office stands, the water is from ten
to twenty inches over the sidewalks. The middle of Center street,
where the highest grade of the city is, still continues to show itself
from opposite this office down to the intersection of Washington
street. The water is slowly rising from the San Joaquin, which chokes
up all the sloughs and backs upon us; and, what is still more, it is
raining briskly, with a stiff wind from the southeast. For this city
we apprehend no danger--nothing but a continuation of the petty
annoyances and inconveniences incident to flooded sidewalks and
deluged lower stories. But this state of affairs is becoming truly
and seriously alarming to our ranchers and farmers. For eight or ten
days the immense herds of cattle which lately covered our plains,
and to which we all looked mainly for our supplies of fresh beef,
have been confined in compact groups upon small islands, which here
and there at distant intervals of space show themselves a few inches
above the broad waters. They could not be coralled or fed, or decently
looked after, and in consequence are now in a starving condition.
Thousand upon thousand must necessarily perish in a very few days
unless the waters speedily subside and uncover the inundated pastures.
Without counting the fine blooded stock which is owned by farmers in
this valley, and which is always carefully stabled and fed through
the Winter, we may estimate the loose and uncared for stock between
the Merced and the Cosumnes at not less than one hundred thousand
head. Of all these, if this rain and flood continues for three days
longer, there will probably be not a tenth left alive. Such wholesale
destruction of stock is terrible and unprecedented on this continent.
Coupled with the losses of farmers in grain, swine, horses, mules,
agricultural implements, and, generally, the means of husbandry, it
combines to threaten us with a famine, or at least to make us dependent
on other countries for the necessaries of life.
A number of families were removed last evening from houses liable
to be overflowed during the night. Several of the churches, the most
of which are elevated far above any probable rise of the water,
afforded shelter and places for lodging for such as desired to avail
themselves of the accommodations they afforded.
The Republican of the same date says:
We have been visited by the severest flood which our city has known
for the last twenty years. This time the entire city, from one end to
the other, has been overflowed, which has never been the case before.
The water has not been very deep, but few families being required to
remove from their homes. The peal of the alarm bell, the steady and
continuous rain, the howling Southeast gale has brought more terrors
to the imagination than the reality. At night, yesterday, there was
a cessation of the storm, whether permanently or not, at this time of
writing, we cannot say. In the matter of real damage we have little
to record. The outbuildings of the Magnolia have gone, but that is
no great loss. The flood has been more universal than any previous
one, and decidedly more dismal, though the consequences have been
undoubtedly less disastrous.
While we now write, our whole city is badly overflowed for the first
time (all at once). The windows of heaven are opened, and the rain
is still pouring, pouring down. It is small satisfaction for us to
know that others are worse off than ourselves at this time. The worst
feature, at the time when this is written, is the anticipation of
what may come before this comes before our readers. Our people take
the matter cheerfully, and every door is open to the sufferer. There
is but little prospect of distress. We can hold out as long as any
community in the valley.
THE FLOODS IN PLACER.--The Forest Hill Courier of January 11th
speaks of the damage in its vicinity, as follows:
On the Middle Fork, it is reported that nearly every house on Junction
Bar has been carried off. Only a few of the houses at the head of
American Bar remain! Not a house is left standing on Pleasant Bar.
Not a house is left standing on Horseshoe Bar. Every vestige of a
habitation is gone. Garrison's store was nearly under water at one
o'clock yesterday, and it must have been impossible to have remained
in its position till night, as the river kept rising. On Mad Canon
Bar, most all the buildings have been swept away, and many families
left without a home. Immense piles of lumber, at Wentworth's saw mill,
on Volcano canon, were floated away. The mill was also entirely under
water. Scarcely a miner's cabin, from the head to the outlet of the
canon bnt was floated off, and the inhabitants compelled to flee for
their lives! Some of them have come to Forest Hill. At the rate the
river was rising at four o'clock yesterday, it was feared every building
on Volcano Bar would be swept away. The river on Friday afternoon was
twelve feet higher than any previous flood, and forty feet higher than
low water mark. Numerous land slides, or avalanches have taken place
within half a mile of Forest Hill. Several buildings, "under the hill"
have also had their foundations washed away, and have tumbled over.
The water ditches in every direction have also sustained an immense
damage.
The Union Advocate, published at Auburn, says under date of
Jan. 18th:
We are already cut off from Sacramento as effectually as if no roads
ever existed. Wagon navigation has ceased, and we will now be compelled
to go back to first principles and bring into use the pack animal,
but even then we doubt whether our merchants will be able to supply
the increased demand. The people in Auburn and throughout the county
were not prepared for such a severe Winter; they did not supply
themselves with a Winter's stock, trusting, as they have for the
past eight or nine years, to the easy and uninterrupted communication
with the market below. The extreme scarcity of the necessaries of
life has increased the prices treble what they were prior to the
heavy rains.
NOT QUITE SO BAD.--The Forest Hill Courier of January 11th,
speaking of the deluge of waters in that place, and the high stage of
the American, says:
God only knows what will be the result of the dreadful freshet which
has come upon California. We do not hesitate to express our conviction
that Sacramento city is submerged to the depth of twenty or thirty feet,
and that besides the loss of the immense amount of property, hundreds
of valuable lives have been lost! To us it seems impossible that it can
be otherwise.
It has not been quite so bad as that. At the time it speaks of, about
January 11th, we received the waters of the American, and also the
Sacramento, coolly and bravely, and "it was not a good day for" floods
after all.
BY TELEGRAPH TO THE UNION.
SALT LAKE, Jan. 17th--2 P.M.
. . .
There has been no through mail from the East for six days. The cause is
high water and deep snow. . . .
p. 3
CITY INTELLIGENCE.
PERILOUS SITUATION.--On Sunday afternoon a man named Keyes started from
the city in a small boat with provisions for his family, residing several
miles north of the American river. After crossing the river in safety,
a fearful gale sprang up and his boat began to fill with water. The waves
ran high, and the boat shipped so much water that he was compelled to
bale out constantly with one hand while he rowed to the extant of his
ability with the other. He soon found that he could neither keep his
boat free nor make any headway with her, and that she must inevitably
go down. Being near the Marysville road, he resolved to reach a
telegraph pole and cling to it as long as there was hope or strength
left. But few of them remained standing, and the wind blew the boat
past one which he attempted to reach. After great exertion he returned
to it, and as the boat sunk beneath him climbed partially up the pole.
While making these efforts at self preservation, he had not been
unobserved. P. Chatterton and A. Keithley, at a house some distance
off, who had an hour before saved the life of a colored man, were on
the lookout, and hastened to his relief. After great exertion they
succeeded in reaching him. On approaching the pole they discovered
that the person they were about to rescue was a brother to both of
them. He was, of course, relieved from his uncomfortable and dangerous
position.
THE CITIZENS' COMMITTEE--Dr. J. F. Morse, President of the citizens'
meeting held at the Orleans Hotel on Monday evening, was authorized
to appoint a Committee for the purpose of drafting a bill for the
future government of the city, to submit to the Legislature, and
report the names of said Committee through the daily papers. In
accordance with this authority he has appointed A. K. P. Harmon
and A. Boyd, of the First District; C. H. Grimm and J. P. Dyer, of
the Second District; J. W. Winans and N. Booth, of the Third District;
and Mark Hopkins and A. K. Grim, of the Fourth District; added by the
meeting, J. F. Morse. In announcing the names of the Committee the
President says: "The undersigned would respectfully report that he
has, with considerable difficulty seen all of the gentlemen named
except one, and obtained from them an acceptance of the duties
contemplated in the citizens' resolution. He would remark, that in
view of preliminary efforts of a few of the Committee, and other
citizens, who were endeavoring to frame a bill of incorporation,
there is reason to expect a prompt report, to a citizens' meeting,
of a plan of reorganization which will be approved, and from them
recommended to legislative action."
AN AQUATIC FIGHT.--A spirited engagement occurred yesterday forenoon,
between two boys and a man, at Front and K streets. The boys were passing
in a boat across the corner of the sidewalk, when they disarranged some
boards; for doing which, a man standing in the water on the sidewalk
struck one of them. The boys jumped out of the boat, and one of them
struck the man on the head with an oar with such force as to bring him
partially to his knees. He, in turn, seized the boy who struck the
blow, when the other came to the assistance of the companion. All
parties were inclined to wade in, but one of the boys was held by
a bystander, when the other received several blows from the man to
whom he had dealt the blow with the oar. Nobody was badly hurt, and
nobody appeared to feel whipped, but all concluded wisely to go about
their business. . . .
THE FLOOD.--The waters, which rose in the city during Monday, and
had flooded K and J streets during Monday evening, continued to rise
during the entire night. At eight o'clock yesterday morning they had
attained a hight within about six inches of the higher mark of
December 9, 1861, and within about twenty-six inches of the still
higher mark of the 10th of the present month. All of our principal
streets, except I, were navigable yesterday with boats, and, as on
former occasions, the opportunity for aquatic enjoyment was gladly
embraced. As everybody in town was prepared for high water on this
occasion, there was comparatively little damage done by it. At about
ten o'clock in the morning the water began to recede, and fell some
seven inches during the afternoon and evening. . . .
THE TANNERY.--A large number of workmen were kept employed at the
new levee at Rabel's Tannery during Monday night and yesterday.
W. Turton had charge of them during the night, and John O'Brien
during the day. A large number of gunny sacks were used in
strengthaning the point from which danger was apprehended. It is
believed that the levee may be saved, but there is considerable
uncertainty about it.
BACK AGAIN.--W. M. Harron, who had been out on a northern cruise for
the Howard Benevolent Society, returned to the city on Monday evening.
He had charge of a whale boat with six oarsmen, freighted with provisions.
They scoured the flooded district on both sides of the Sacramento for
fifteen miles up, and furnished supplies wherever they were needed.
A large proportion of the houses visited were abandoned.
THE SHUBRICK.--The steam revenue cutter Shubrick, Capt. Pease, after
spending the night at the levee, weighed anchor at about eleven
o'clock A. M., yesterday, and cleared for San Francisco. She fired
a parting salute of three guns as she dropped into the stream. The
Captain designs to render such assistance as may be required at
Cache creek slough.
THE UMATILLA.--The steamer Umatilla, Capt. Foster, arrived at the
levee at an early hour yesterday morniug. She will probably engage
in the transportation of stock in such localities as require her
services. The Umatilla was built a few years since for the Fraser
river trade.
THE FRONT STREET LEVEE.--The work of repairing the Front Street levee
above R street was commenced yesterday, under the supervision of the
Committee of Safety, and will doubtless be effectively finished before
the work is abandoned. . . .
BOARD OF SUPERVISORS.
TUESDAY, January 21. 1862.
This Board adjourned yesterday to meet at two P. M. to-day. By three
o'clock a quorum was obtained consisting of the following Supervisors:
Granger, Russell, Woods, Waterman and Shattuck, President. . . .
The following proposition for a bridge across Sutter slough was
submitted for the consideration of the Board:
To the honorable, the Board of Supervisors of Sacramento city--Gentlemen:
I will build a bridge across the Sutter Slough, on K street, according
to the plan by me submitted, and keep K street in good order from
Eleventh to Thirty-first street, if the said Board will guarantee to
me the right to take the tolls on the same for a period of time equal
to that comprehended between January 1st and May 15th--the construction
to be commenced as soon as practicable after the flood abates from off
said street--and give the requisite bonds to deliver the said property
to the city of Sacramento at the expiration of this franchise, the said
Board granting me the right of way to build the bridge, and fix the rates
of toll the same as Peter Brando has been collecting on his ferry across
said slough, and remove all competition on the completion of the
bridge--damage from the elements and public calamities excepted.
B. F. LEET.
SACRAMENTO, Jan. 20, 1862
The proposal was referred to a Special Committee with power to act.
Supervisors Russell, Granger and Hite were appointed to take charge of
the subject.
Supervisor GRANGER moved that the consideration of the difficulty
between Norris, on the one part, and Harris & Pearis on the other,
be postponed until the 24th of the present month. Agreed to. . . .
On motion, the Supervisors adjourned to meet to-day at two P. M. . . .
COMPLAINT OF ROBBERY.--Constant complaint is made that houses from which
the proprietors are absent in consequence of the flood are broken open
and despoiled of everything valuable remaining in them.
THE RIVER.--At eight o'clock yesterday morning the Sacramento river
had risen six inches and maintained that hight--22 feet
6 inches--during the day. . . .
THE LATE STORM IN SIERRA.--The La Porte Messenger of January 18th, says:
The past week has been a dreary one in the mountains. Rain and
snow alternately, with boisterous winds, have had undisputed reign
throughout the week, except on Sunday. This is the tenth week of
almost uninterrupted storm. The mountain streams commenced subsiding
on Saturday of last week, and are now nearly down to the average
Winter notch. Ditch owners seem to be the principal sufferers by
the last flood in this vicinity. The Feather River ditch was severely
damaged; Sears' Union ditch sustained injuries to the amount of one
or two thousand dollars. Bosworth's was considerably broken by the
land slide near town. The St. Louis bridge, just repaired, had a
larger portion carried away than before. Lawrence's bridge, on the
Port Wine trail, withstood the torrents. The Rabbit creek flume was
filled with tailings, and otherwise damaged, to what amount we are
not informed. The snow is now about three feet deep on the average,
aud still coming as we go to press, Friday afternoon.
SAN FRANCISCO.--The San Francisco Journal of January 20th says:
The residents on the old road near the Mission, in the vicinity of
the home of Judge Cowles, are in a state of great uneasiness about
the waters of the lake just south of them. The continued rain and
gradual swelling of the water, create fears of an overflow which
will be disastrous to the pleasant gardens and Summer houses which
adorn the neighborhood, to say nothing of the inconvenience of
submerged kitchens, cellars, etc., etc.
The Herald added:
We learn that a frame building on Folsom street, between Second and
Third, fell down last evening, in consequence of the storm. The inmates
were warned in time, and escaped.
ANGEL'S CAMP.--It is stated that in this place, located in Calaveras
county, the people are almost destitute of provisions of all kinds.
Only sixty barrels of flour were on hand January 11th, and it was
selling for thirty cents per pound. The Stockton Republican says the
people at Angel's had no communication with the former place for ten
days. Campo Seco was also poorly off for provisions. . . .
FLOODED OUT.--The barber shops of the city were all flooded out
yesterday morning except that of the steamer Chrysopolis, which,
for some reason or other, the water failed to reach.
ARRESTED.--John Doe, alias Prompter, was arrested yesterday by officer
Cody, on a charge of stealing a boat belonging to E. W. Marshall. . . .
p. 4
THE LATE CALAMITIES AND THEIR LESSONS.--The San Francisco Mirror
says the Rev. Mr. Thrall, pastor of Trinity Church in that city, preached,
January 19th, a powerful sermon on the calamities and signs of the times:
He remarked that never had such a "stewardship," so rich a stewardship,
been committed to any people as had been intrusted to California.
Never, in the history of the world, had there been less recognition,
under proportionate circumstances, of the character of these
"good gifts" placed in our hands by a kind but jealous God. He
spoke of the churchless villages in the interior--where the preaching
of God's word was not allowed--where the avocations of trade were
carried on with unbroken activity and zest through the entire week.
Referring particularly to the calamity that now appalled us in our
own State, he touched the pretentious and flimsy logic of the infidel
in behalf of uninterrupted laws and courses of nature, in opposition
to the Christian theory of Divine interpositions or directions in the
subordinate law of nature. His brief argument at this point was one
of those compact, consummate and unanswerable paragraphs of reasoning
for which this preaoher is very remarkable. He alluded to our national
sin of boasting, and for our chief State sin he named our conceited,
if not heartless rejoicings in the comparatively favorable position
we hold as a community over our Eastern brethren, who are immediately
involved in civil war. And now God has opened the windows of Heaven
upon us, and one-third of our wealth has vanished like a vision.
CALAVERAS.--It is represented that there has been great destruction
of buildings and other property in Poverty Bar, and in Lancha Plana,
in Amador county, by the late flood, and also a great scarcity of
provisions. . . .
Sacramento Daily Union, Volume 22, Number 3376, 23 January 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION]
SENATE
WEDNESDAY, January 22d, 1862.
The PRESIDENT pro tem, called the Senate to order at the usual hour, . . . .
APPROPRIATION FOR THE SUFFERERS
The President said the Senate had yesterday under consideration a
bill that had not been disposed of, an Act for the relief of sufferers
by the flood. The question was, should the rules be suspended, and
the bill be read the third time?
Mr. BURNELL thought a bill of as much moment as this ought to be
referred to some Committee. He moved it be referred to the Committee
on Swamp and Overflowed Lands.
Mr. BANKS; had no objection if the gentleman desired, but he asked
that it be referred to some appropriate Committee. He thought that
would be a disrespectful reference.
Mr. BURNELL certainly meant no disrespect for the bill. The whole
country was overflowed, and that Committee had charge of the
Department. He withdrew his motion.
Mr. HARVEY said it appeared to him this bill was of much greater
importance than the Senator from Amador seemed to suppose. He held
that the State would be obliged to make appropriations for the suffering
classes in our country. He desired to see this bill acted on by the
Senate. He wished to see it referred to an appropriate Committee, to
examine thoroughly into the merits of the bill
Mr. GASKELL moved its reference to the Committee on Finance, which
was carried. . . .
BOATS.
Mr. PARKS made the inquiry whether there was a resolution passed
authorizing the Sergeant-at-Arms to procure boats.
The SECRETARY stated that such was the fact.
Mr. PARKS suggested to the author of that resolution that he now
offer another explanatory of or limiting the power conferred on the
Sergeant-at-Arms to some extent, establishing some regular system.
It appeared to him the Legislature would incur very heavy expenses
under this head. Persons carrying members would "keep it it in their
heads," and finally present enormous bills. If they were going to
employ boats, let some ticket system be adopted, which would enable
any one to carry passengers, leaving the tickets to be presented
afterwards.
Mr. DE LONG said the original resolution limited it, stating the
number of boats. The boats had "Senate" in large letters upon the
stern, and were running between the Capitol and principal hotels
dally, every hour, to ten o'clock at night.
Mr. Parks said he never had been fortunate enough to see any of them.
Mr. DE LONG could not say where the gentleman lived.
The PRESIDENT said there was no question before the Senate. He was
informed the expense amounted to two hundred dollars a day.
Mr. PARKS stated that to his certain knowledge there were a great many
boats besides the regular ones running with passengers at the expense
of the State; and they would soon present their bills. He would
guarantee that five hundred dollars a day did not cover the expense.
He moved to rescind the resolution and tell boatmen to present their
accounts.
Mr. GALLAGHER inquired whether it was true that each of the boats cost
the Senate $20? He had been so informed. It seemed to him that was
outrageous.
Mr. DE LONG. said the boats could not be had for any reasonable price.
Mr. NIXON said they could be bought for $20.
The foilowing was drawn up by Messrs. Parks and De Long:
Resolved, That the Sergeant-at-Arms be requested to present
forthwith to this Senate an account of all his proceedings under the
resolution empowering him to hire boats for the Senate.
Mr. DE LONG explained that it was necessary to know how many boats
had been hired, how much had been paid, etc. Then the Senate could
determine whether this plan suited or not; and if not, some other
arrangement could be made. He was aware of a large bill growing up
against the State for boat hire. It could only be avoided by
individual members hiring their own boats. For himself, if a
majority voted to compel him to reside here, he would help make the
State pay the necessary expense of his residence, so far as his public
duties were concerned. If going to and from the Capitol and Committiee
rooms he required a boat.
The resolution was adopted. . . .
On motion of Mr. NIXON, at twelve o'clock, a recess was taken for half an hour.
At one o'clock Mr. SHAFTER called the Senate to order.
The SERGEANT-AT-ARMS presented a communication, submitting his accounts
with various persons for boat hire for the use of the Senate, and
vouchers connected therewith, including all the accounts thus contracted,
with the exception of $25 due an individual who had not rendered his
account. He further stated that the boats were still in the service of
this body. The total expense thus far, including the present day, was
$385.
On motion of Mr. IRWIN, the report was referred to the Committee on
Contingent Expenses. . . .
THE ADJOURNMENT TO SAN FRANCISCO.
A message was received from the Assembly
announcing the passage of Concurrent Resolution No 7, relative to
adjournment. It was read.. [See Assembly.]
Mr. GALLAGHER wished to ask for a little information. He was in the
other House when that passed. Mr. Barton of Sacramento got up--
Mr. IRWIN rose to a point of order. The Senator had no right to allude
to what transpired in the other House.
The PRESIDENT ruled the point well taken.
Several members found fault with the time mentioned in the resolution.
The PRESIDENT said the Senate would just reach San Francisco, by due
course of mail, on Friday morning.
The question upon concurrence was then taken and carried. The vote
was as follows:
Ayes--Baker, Bogart, Chamberlain, Crane, D« Long, Gaskell, Harriman,
Hathaway, Hill, Irwin, Kimball, Kutz, Merritt, Oulton, Pacheco,
Perkins, Porter, Powers, Rhodes, Soule, Warmcastle, Watt--22.
Noes--Banks, Burnell, Denver, Doll, Gallagher, Harvey, Holden, Lewis,
Nixon, Parks, Shurtleff, Vineyard, Williamson--13.
Mr. DE LONG moved to reconsider.
A member moved that the motion be indefinitely postponed, which was carried.
Mr. IRWIN suggested that a Committee should be appointed to act under
the resolution, and also that the House be informed of the Senate's
ccncurrence
The PRESIDENT said he would appoint the previous Committee of Conference,
Messrs. Soule, Porter and De Long.
Mr. CRANE now asked for the unanimous consent of the Senate to take
from the table the bill presented yesterday in relation to the residence
of the State officers, and providing that they may reside until the 1st
of June at San Francisco.
Mr. DENVER said it was necessary, now that the Legislature had
determined to be at San Francisco, that the officers of the State
should also be there. He therefore moved it be taken from the table,
which was carried.
Mr. CRANE moved to insert "temporary" before the word residence, and
to substitute "first Monday in June" for first day of June;" also,
"Adjutant General" for "Quartermaster General."
The amendments were approved.
Mr. PARKS thought the bill ought to be amended in some way to provide
means for the transportation of these officers to and from San
Francisco; or was it calculated that each officer should go there
with the traps snd calamities pertaining to his office on his own
expenses? [Laughter] or would each officer be allowed to charter a
steamer on his own hook, at the expense of the State? He thought the
bill did not carry out the object for which it was intended. There
ought to be an additional section making provision for the removal.
Otherwise they would be liable to a great piece of extravagance.
Mr. CRANE said the thing suggested had been talked about but on
looking over the statutes by which removals had been made from time
to time, he discovered that it was done by action similar to this,
wthout any provision. He thought the most economical way was to let
these officers make the best bargain they could themselves. He would
remove his own traps in that way, and did not believe any Steamship
Company would try to swindle him. He had passed the bill around
yesterday, in order that no delay would occur in the passage.
Mr. PARKS said if the gentleman would further examine the statutes of
removal, he would find it very expensive. He moved that the bill be
recommitted to the Senator from Alameda that he might have an
opportunity to add an additional section.
Mr. CRANE thought he could not improve it. He was confident he could
stand up pretty manfully against swindles.
The PRESIDENT decided that the merits of the bill were not debatable
on the motion to commit.
Mr. DE LONG trusted the Senate would recommit the bill, for the reason
that the Assembly had adjourned.
No objection being made, It was recommitted.
Mr. DE LONG offered a resolution requesting the Sergeant-at-Arms to
remove the chairs and furniture of the Senate Chamber to San Francisco,
subject to the direction of the Joint Committee.
Mr. IRWIN hoped the resolution would not pass. The Committee ought
to come together and make the arrangements themselves, as well as
superintend the removal. He understood the Committee was appointed
with that object.
Mr. De LONG said if that was the understanding, he would withdraw
his resolution.
Mr. POWERS read a portion of the resolution, defining that the
Committee "shall procure and cause to be fitted up suitable rooms,
and shall remove thereto all the property and appurtenances of this
Legislature."
Mr. DENVER moved to adjourn.
The PRESIDENT reminded the Senate that the adjournment would carry the
Legislature to San Francisco, to meet in the " Exchange Building on
Friday, at twelve o'clock.
The Senate (1-1/2 P. M.) then adjourned.
ASSEMBLY.
WEDNESDAY, Jan. 22, 1862.
The House met at eleven o'clock. . . .
THE REMOVAL QUESTION.
Mr. FAY asked leave to offer the following:
WHEREAS, A resolution was adopted by the Assembly yesterday, asking
the Attorney General to examine the law, and, if possible, obtain
the opinion of the Supreme Coart as to the legality of an adjournment
to some place other than the Capital; and whereas, the opinion of the
Supreme Court cannot be obtained within the time contemplated by such
resolution; therefore,
Resolved, That the Sergeant-at-Arms be and he is hereby directed
to wait upon the Attorney General immediately, and ask him to communicate
to this House the law and his opinion at twelve o'clock noon to-day.
Mr. BELL objected to the resolution, and said he hoped the matter would
come up in its regular order, as the House had yesterday pretty
thoroughly sifted that partlcular subject.
Mr. FAY moved to suspend the rules in order to enable him to introduce
the resolution, and the rules were suspended by a vote on division of
ayes 42; noes. 14.
Mr. WARWICK--I am really sorry to be compelled to rise again and trouble
the House upon this question. Every gentleman in this House is aware
that the Supreme Court of the State is instituted to decide upon cases
of the greatest and most vital importance and every gentleman well knows
that disagreements frequently occur upon the Supreme bench itself. It
cannot be otherwise when the three gentlemen on the bench are of equal
acumen and ability, and consequently it frequently happens that important
questions are only settled by the majority of the Court. Now, I leave
it to you.--
Mr. SHANNON (Interrupting) Inquired what question was before the House,
and (the resolution having been read) said he desired that the gentleman
speaking should confine hlmself to the question, which was the propriety
of adopting that resolution,
Mr. WARWICK said that was precisely what he intended to do, for he thought
enough of extraneous matters had been introduced here already. .He was
speaking to the point of the propriety of asking for this opinion, and
of the importance or value of that opinion if it should be obtained.
The SPEAKER said then the gentleman would not be in order, for that was
the resolution of yesterday. The House yesterday decided the question of
the propriety of inviting the opinion of the Attorney General.
Mr. WARWICK said he understood that resolution to call for no opinion
except that of the Supreme Court.
The SPEAKER said according to the resolution of yesterday the opinion
of the Attorney General was to be delivered on or before Thursday.
Mr. WARWICK said then he would speak to that point--as to the propriety
of inviting the Attorney General to deliver his opinion at twelve o'clock
to-day, Nobody had a higher respect for the legal ability of Mr. Pixley
than he had, but still the opinion of that gentleman on the subject would
not be worth a straw.
Mr. DUDLEY of Placer rose to a point of order--that the gentleman was
dicussing the validity of the opinion when it was not yet before the
House. He thought there had been talk enough about this matter and the
other side had had it all.
The SPEAKER said it was an open debate, and the Chair could not undertake
to limit gentlemen without infringing upon the right of free debate.
Unless a point of order was raised which could be sustained upon the law
and the rules, be would leave gentlemen to be guided in the discussion
by their own judgment and sense of propriety.
Mr. AMES said he would raise the question of order again, that the
gentleman from Sacramento was discussing the proprety of inviting the
opinion when that question was decided yesterday. The discussion of
the value of the opinion would be appropriate after it should come in.
Mr. WARWICK again asked what the question was before the House, and
the Clerk again read the resolution.
Mr. BELL said he would like to ask a single question--Who would be
willing to rise here and say of his own knowledge that he knew the
opinion of the Supreme Court could not be obtained tomorrow?
Mr. REED--I will; it cannot be obtained at all.
Mr. BELL--Who told you so? The Supreme Court has not said a word about
it. [Cries of order.]
Mr. FAY (by permission) said he would state the object of the
resolution introduced by him. It was stated yesterday that the opinion
of Mr. Pixley, and probably of the Supreme Court, on the question of
removal, could be obtained within three days; that was by Thursday
next; but he had since ascertained from Mr. Pixley that not only
would they be unable to get the opinion of the Supreme Court on
Thursday, but that the Supreme Court decided to give any opinion
at all upon this question, because there was no case before the
Court--that there can be no agreed case because there is nobody
to agree. Therefore, the contemplated purpose for which the resolution
of adjournment was laid on the table had failed in that respect, and
now it was only a question of time as to the opinion of the Attorney
General. He had said he would be ready to deliver the opinion at
twelve o'clock to-day, and therefore, to save time and get rid of
the whole subject as early as possible, he had introduced the pending
resolution. In order to get the opinion of the Supreme Court before
the Assembly, the first thing to do after hearing the opinion of
the Attorney General would be to pass a resolution of adjournment,
and then the whole thing could be brought before the Supreme Court.
If any gentleman had scruples about the expediency or propriety of
adjourning to San Francisco, he could easly get the question before
the Supreme Court, and any legislation which might take place in the
meantime would amount to a mere bagatelle, and if it was wrong it
could be righted immediately.
Mr. WARWICK said according to the gentleman's explanation they were
in a lamentable condition. As he understood an error or a crime had
to be committed before they could be advised of the legal remedy.
Laws were made there not for the prevention but the punishment of
crime, and those judges to whom the people paid high salaries, and
who were the servants of the people, could not give an opinion upon
a constitututional question of the gravest importance. It behooved
them to find out whether there was not some remedy for that state
of things. This was a vital question, affecting the interests of
every man in California, but the Court said they must commit the
error first, and then they would say whether they had done right or
wrong.
Mr. IRWIN raised a question of order, that the gentleman was speaking
upon a subject not before the House, and not embraced within the scope
of the resolution
The SPEAKER overruled the point of order, and stated that as the
resolution embraced a request that the Attorney General report his
opinion at an earlier day than was contemplated yesterday it was an
open debate.
Mr. DUDLEY of Placer said it seemed to him that the resolution embraced
two propositions: first, inviting the Attorney General to deliver his
opinion at twelve o'clock; and second, declaring, by inference, that
the opinion of the Supreme Court cannot be obtained. He would be
delighted to hear the gentleman upon these points, but he thought the
gentleman had already satisfied his constituents that he was sound upon
Sacramento, and therefore he did not care to bear any more of his
sonorous eloquence.
Mr. WARWICK said possibly some others would be edified, and the
gentleman had better be content to make a martyr of himself for a
little while for the good of the people of California. Gentlemen
said he must not examine the question of the value of that opinion.
What was the meaning of that? Were they afraid to examine the law?
What were they there for?
Mr. AMES--To transact business.
Mr. WARWICK said the gentleman was exactly right; they were there to
transact business, and they were costing the State thousands and
thousands of dollars, and when he sought to inquire into the validity
of an opinion which might involve the legality of all their business,
gentlemen all around were calling him to order.
Mr. AMES said his objection was only to discussing an opinion which
had no existence.
Mr. WARWICK said the question in his mind was, whether the opinion
could be worth asking for--whether it would have a legal basis, or
would be worth the paper it was written upon. These were questions
of vital importance, as every gentleman would find when he returned
to his constituancy and asked their approval.
Mr. WRIGHT asked if the gentleman from Sacramento did not vote for
the resolution requiring the Attorney General to give that opinion.
Mr. WARWICK replied that he voted for an opinion from the Supreme
Court, and if he voted for any opinion from the Attorney General he
did so under a misapprehension.
Mr. HOAG said he would state a fact which would answer the question.
While the resolution was under consideration yesterday, he proposed to
amend it by inserting the words "and his opinion," so as to call upon
the Attorney General to state the law and his opinion upon the subject
of removal, etc. That proposition was not acted upon, and consequently
the resolution only asked the Attorney General to state the law, and
not his opinion at all.
The SPEAKER said the language of that resolution was "examine and
report the law upon this question, and, if possible, to obtain, by an
agreed case or otherwise, thu [sic] opinion of the Supreme Court," etc.
Mr. WARWICK said he supposed it was an absolute request for the opinion
of the Supreme Court.
The SPEAKER said he should hold all discussion of what was the law to
be out of order.
Mr. WARWICK said then he would discuss only the propriety of getting
the opinion at twelve o'clock or not at all.
The SPEAKER said that would not be in order. The question was narrowed
down to a question of time.
Mr. HOAG said this resolution raised a new question, by asking for the
opinion of the Attorney General, which was not included in the resolution
of yesterday and he thought that was debatable.
The SPEAKER thought it was not,
Mr. WRIGHT said the only question was whether the opinion should be
delivered to-day or tomorrow.
Mr. WARWICK--Is it in order, before we invite a public officer to
deliver his legal opinion, to say anything in regard to the real legal
value of that opinion ?
The SPEAKER--I shall hold that any discussion on that point is out of
order, because the House passed upon that matter yesterday.
Mr. WARWICK said if the only question was to a half hour's time. It was
not worth debating.
The SPEAKER said that was the only question.
Mr. SAUL said he thought the Attorney General had better have plenty of
time to read and find out all the law, and therefore he moved to lay
this resolution on the
table.
The motion to lay on the table was lost.
Mr. EAGAR moved the previous question on the passage of the resolution, which was sustained.
The ayes and noes were demanded, and resulted as follows:
Ayes--Amerige, Ames, Avery, Barton of San Bernardino, Bigelow, Brown,
Cunnard, Collins, Cot, Dana, Dore, Dudley of Placer, Eagar, Evey, Fay,
Griswold, Hillyer, Hoffman, Irwln, Jackson, Leach, Loewy, Love,
Matthews, McCullough, Myers, Moore, O'Brien, Porter, Printy, Reed,
Reeve, Sargent, Sears, Seaton, Teegarden, Thompson of Tehama,
Thornbury, Tilton of San Francisco, Van Zandt, Watson, Werk, Woodman,
Wright, Yule and Zuck--46.
Noes--Barton of Sacramento, Bell, Benton, Dennis, Eliason, Ferguson,
Frasier, Hoag, Kendall, Machin, McAllister, Parker, Pemberton, Saul,
Smith of Fresno, Waddell, Warwick and Wilcoxon--18.
So the resolution was adopted. . . .
THE REMOVAL QUESTION AGAIN.
The SPEAKER said he had a communication from the Attorney General,
which, though directed to the Assistant Clerk, seemed to be intended
as a communication to the House. If there were no objections the Clerk
would read it.
Mr. SHANNON said he had risen for the asks of calling that up, and as
Mr. Pixley, like most other lawyers, probably wrote a terrible scrawl,
which nobody else could read, he moved that the courtesy of the House
be extended to him in order that he might read his own opinion. [Laughter.]
Thi motion was carried.
Mr. FERGUSON suggested that Mr. Shannon be a Commitee to wait on Mr. Pixley.
The SPEAKER said the Clerk had already gone to attend to that.
[Mr. AVERY in the Chair.]
The Clerk announced: "The Attorney General",
Mr. BELL--Mr.Speaker, what is before the House?
The SPEAKER, pro tem.--The Attorney General is before the House. [Laughter.]
Mr.SAUL--I suggest that the Attorney General be laid temporarily on the table.
["Order," and laughter.]
THE OPINION.
Attorney General PIXLEY stood at the Clerk's reading desk, and read
his opinion as follows:
ATTORNEY GENERAL'S OFFICE, }
SACRAMENTO CITY, January 22, 1862. }
To the Honorable the Members of Assembly of the State of California:
In response to the resolution of your honorable body, and in reply to
the communication addressed me through your Clerk, bearing date of
January 21st, I respectfully beg leave to submit the following:
The first question which seems to present itself in this investigation is,
as to the extent and character of the power with which you are vested
in the discharge of your legislative dutles.
The case of the People
against Coleman and others (Fourth California Reports, page 46),
involved the constitutionality of certain provisions of the Revenue
Act of 1853. The question came up on demurrer, the defendants assigning
as error that the whole Revenue Act of 1853 wss in direct conflict with
the provisions of the Constitution of the State of California.
The Court, Chief Justice Murray delivering the opinion, with the
concurrence of Mr. Justice Heydenfeldt as preliminary to the discussion
of the questions involved in that case, lay down the following rules:
1st. "That each State is supreme within its own sphere as an independent
sovereignty."
2d. "That the Constitution of this State is not to be considered as a
grant of power, but rather as a restriction upon the powers of the
Legislature; and that it is competent for the Legislature to exercise
all powers not forbidden by the Constitution of the State or delegated
to the General Government, or prohibited by the Constitution of the
United States."
The same doctrine is held by Mr. Justice Heydenfeldt and Mr. Justice
Terry, case of Thompson vs. Williams. (6 Cal R, p. p. 88, 89.)
The Court in People against Coleman cornes to the conclusion that the
power of the Legislature to tax trade, professions and occupations is
a matter completely within the control, and, unless inhibited by the
Constitution, eminently belonging to and resting in the sound discretion
of the Legislature. Or, in other words, that the Legislature, in the
exercise of its legislative functions, and within the scope of its
constitutional limitations, has an absolute right to perform any act
not actually or by implication forbidden by the organic law of the State.
All political power is inherent in the people--so declared by the
Constitution, and the people have vested the exercise of this power
in the Senate and Assembly, together instituting the Legislature of
the State of California. (Art. IV., Sec. 1 Constitution.)
Article IV. of the Constitution contains numerous provisions directing
what the Legislature shall do and what it shall be unlawful for it to
permit, in express terms.
The sessions of the Legislature shall be annual.
Each house shall choose its own officers and judge of the qualifications
of its own members.
A majority shall constitute a quorum to do business.
Each house shall determine the rules of its proceedings, and may, with
the concurrence of two thirds of its mernbers, expel a member.
Either house may, when secrecy requires it, sit with closed doors.
The Article inhibits a member from accepting any office of jcivil [sic]
profit, created, or the emoluments of which have been increased, during
his term.
No money shall be drawn from the treasury but in consequence of
appropriations by law.
No increase of compesation to members shall be made during their term
of office.
No law shall embrace more than one object, and that shall be expressed
in its title.
No divorce shall be granted by the Legislature.
Lotteries and the sale of lottery tickets are not allowed.
Corporations can only exist of a certain character and with certain
limitations.
No Bank charter shall be granted, nor paper money be put in circulation.
Thus the Constitution directs certain things to be done by the
Legislature; restricts it from doing certain things, and by implication
leaves to the judgment and conscience of the two bodies composing the
Legislature the performance of all other acts, and themselves to be the
judges of the proper mode of conducting their business and the carrying
into into effect the will of the people, whose immediate agents and
direct reprentatives they (its members) are.
The Legislature is an independent branch of the State Government, and
perhaps the most responsible, important and dignified of any of the
departments of Gcvernment. It is clothed with more important duties.
It is nearest to the people as their representative, and with it rests
the obllgation of making laws, while to the co-ordinate departments
is left the interpretation and execution of the laws.
There is no prevision in the Constitution declaring it necessary for
the Legislature to meet at any given place, while it does fix the
annual session and the time of meeting on the first Monday of January.
The Constitution directs the passage of a law fixing terms and place
of holding the Supreme Court. (article VI., sec. 10.)
The Legislature of 1854 did by law declare that the terms of the Supreme
Court should be held at "the Capital of the State." (Wood's Digest,
page 149.)
The Legislature has also declared by an Act passed May 15, 1854, that
the Governor, Secretary of State, State Treasurer, State Controller and
other officers shall reside at and keep their offices at the City of
Sacramento. (Wood's Digest, page 564 [?].)
There is no law and no requirement of the Constitution rendering it
imperative for the Legislature to meet at any particular place within
the boundary of this State. Usage has very properly established the
legislative body at the seat of Government, where it can act in harmony
with the other branches of Government and the State officers, and where
the archived are kept, and where every consideration of convenience and
propriety would seem to indicate that the Legislature should convene and
transact its business.
But while the Executive and Judicial officers of State are required to
reside and have their offices at the Capital, there is no such provision
of law in reference to the Legislature.
Section 15, Article 4, of the Constitution, thus reads: "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 sitting."
Properly construing this provision of the law, and giving to it an
interpretation most in consonance with the ordinary meaning and
acceptation of the language used, can we arrive at any other conclusion
than that by direst implication the converse may hold good; that is,
changing this language from its negative character and giving it an
affirmative rendition, and it means--that the Legislature may, with
the concurrence of both Houses, adjourn for more than three days, and
to any other place than that in which they may be sitting.
I am struck with the significant and peculiar wording of the clause
referred to. The term " Capital" or "seat of government" is seemingly
avoided, and the expression "any other place than that in which they
may be sitting," would imply the possible contingency of a sitting of
the two Houses at a place other than the Capital or seat of government.
The case of The People ex rel. Thomas Vermule against John Bigler et al.,
5th California Reports, page 23, referred to as authority in this debate
(as I am informed), involves the question of the constitutionality of
the removal of the Capital of the State from the pueblo de San Jose to
the town of Vallejo, and to determine judicially whether Sacramento or
San Jose was the then Capital of the State. The Constitution declared
the pueblo de San Jose the "permanent seat of government," unless
removed by the passage of a law concurred in by two-thirds of the
members of both Houses.
During the first session of the Legislature, General Vallejo submitted
a proposition to give to the State of California certain lands and
houses as an inducement for the removal of the Capital to the town
bearing his name.
This proposition was submitted to the people at the next general
election, and Vallejo selected. At the session of the Legislature
following an Act was passed removing the seat of government to the
town of Vallejo.
It was contended that the Act was void upon its face, because certain
conditions were annexed to the removal, amounting in fact to a sale
of the seat of government, and, also, because the conditions were not
complied with.
As to the question of inducement Judge Murray held the following
language: "What provision is there in our Constitution to prohibit
such a bargain?" and then continues--"I understand the rule of
construction to be that the Legislature may exercise all powers not
prohibited to them by the Constitution; except, perhaps, in the single
case of Acts contrary to natural justice, and even this exception has
more foundation in the speculations of moralists than the decision of
wise jurists." Affirming the doctrine asserted in People against Coleman
and others as to the right of the Legislature to exercise all powers
not forbidden by the Constitution of the State, delegated to the General
Government or prohibited by the Constitution of the United States.
Mr. Justice Bryan, who writes a concurring opinion in case of Vermule
against Bigler, also says, "I deem it a sound rule of construction to
hold no act of the Legislature entirely void, unless plainly repugnant
to the Constitution."
Chief Justice Murray says "that unless the Act removing the Capital
(Feb. 4, 1851) was unconstitutional, the legislation at the place to
which the Capital was so removed would be a dead letter on the statute
book, and holds that the place is an essential ingredient in [?]
correct legislation, as much so as it is to a proper administration of
justice and if a decision 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 place than
the one appointed must be equally void. That there can be a de facto
seat of government, or that the reason which would operate to cause and
render obligatory the acts of a de facto officer can apply in
this case, is a proposition I cannot assent to."
While I am not prepared to admit to their full extent the legal
conclusions arrived at by the learned Judge in this dicta, I am not
called upon to discuss the propositions therein involved, as I deem
them entirely foreign to the question upon which I am called to give
an opinion.
It is not with us a matter of inquiry whether the acts of this
Legislature would be valid if passed at a place where the Leglslature
had no right to assemble by law, but whether, by a concurrent
resolution of both Houses, they may properly meet and deliberate
at a place other then the present established seat of government.
This question thus referred to by Mr. Justice Murray was not properly
in the case, was not argued before him, and I should not feel compelled
to regard it as an adjudication of the question, even if I deemed it
pertinent to this inquiry.
The magnitude of the interests involved, the peculiar and most
unfortunate condition of the State, rendering it most probable that
legislative action will be required to relieve our people from the
embarrassments of the widespread calamity with which the whole State
seems to have been visited; the fact that very important amendments
to the Constitution will claim your consideration at this session,
impress me with the conviction that you should act with great
deliberation in this matter, and that no consideration of more
personal convergence should weigh against the possibility of the
commision of an error fraught with such serious results as would
be a mistake in this matter.
I regret that an opinion cannot, in advance of the final disposition
of this question, be obtained from the Supreme Court of this State,
and it is a matter of personal concern to myself that I have had so
limited an opportunity for the investigation of a question so new to
me, and of so grave and important a character.
I have endeavored, however, to perform the duty required of me by your
resolution in fidelity to the duties of my office, and to the law, and
it is my opinion that, in view of the absence of any provision of the
Constitution inhibiting a legislative removal, or any law declaring
that the Legislature shall hold its session at the Capital, with my
understanding and interpretation of section 15, Article IV. of the
Constitution, in view of the absolute powers of the Legislature to
control and direct their own movements, knowing that in the history
of the past, Legisiatures of several of the States have been
temporarily removed, and on one occasion the national Capital has
been driven by foreign invasion to seek safety for its members, and
its archives, reasoning from the philosophy and the principle involved
in this discussion, I can come to no other conclusion than that the
Legislature may, by concurrent resolution of a majority of both
Houses, adjourn for more than three days, and to any place within
the boundaries of this State other than the present established
seat of government. And that in the event of such adjournment, the
fact would not affect the validity of any laws which might be passed
at such place or temporary adjournment.
All of which is respectfully submitted,
FRANK M. PIXLEY, Attorney General.
Mr. SHANNON said he was now satisfied that it would be legal to adjourn
by concurrent action of both houses. A concurrent resolution to adjourn
to San Francisco was yesterday, on motion of Mr. Fay, laid temporarily
on the table for the purpose of obtaining certain information; and
having obtained all the information they could get, sooner than was
expected, he thought that it would now be in order for the House to
take up the resolution for adjournment, and that a motion to that effect
would not require a suspension of the rules, because of the fact that
the resolution was laid upon the table on certain conditions.
The SPEAKER pro tem.--The Chair so holds.
Mr. SHANNON--I move then that the House take up that resolution for
consideration.
Mr. FERGUSON raised a question of order that the House was then acting
under the order of business of motions and resolutions, and that it
would not be in order to take up that resolution until the order of
unfinished business was reached. In support of this view, he quoted
from Jefferson's Manual to the effect that by an adjournment the
question pending is removed from before the House, and does not stand
before them at the next meeting.
The SPEAKER pro tem. said the point of order was not well taken,
because the resolution referred to was not before the House at the
last adjournment.
Mr. FERGUSON said he was not through, and proceeded to read further
from Jefferson's Manual.
Mr. EAGAR called Mr. Ferguson to order, stating that he could not
debate a question of order after the Chair had decided it.
The SPEAKER pro tem. repeated his decision.
Mr. FERGUSON called for the reading of the Journal of yesterday, which
showed that at the time of adjournment a motion was pending to take
the resolution from the table
Mr. FERGUSON--Mr. Speaker. [today? yesterday?]
Mr. FAY--Is the motion to take the resolution from the table before the
House.
The SPEAKER pro tem.--It is.
Mr. FERGUSON--Mr. Speaker, I claim the floor.
Mr. FAY--I then move the previous question. Several gentlemen seconded
the previous question.
The SPEAKER pro tem stated that the previous question was seconded and
then recognized Mr. Ferguson, who had continued to vociferate amidst
great confusion.
Mr. FERGUSON said he did not care about being recognized under such
circumstances.
Mr. BELL said, with the utmost respect for the Chair, he would ask if
he supposed himself to be wiser than Jefferson upon a question of the
order of business before the House. ["Order! order!"]
Mr. BARSTOW--(loudly)--I call the gentlemen to order.
Mr. FERGUSON--I rise to a point of order. It is that I raised a point
of order before this House--that I stated it to the Chair, and also
stated that if the Chair insisted upon his ruling, I should be compelled
to appeal. But before I had taken my seat, or yielded the floor, except
for the reading of the Journal for information, and for another point
of order which was raised upon me, the Chair entertained a proposition
for the previous question, and declared it seconded, although I still
held the floor. I maintain that I still hold the floor, and having it,
I have the right to appeal from the decision of the Chair.
The SPEAKER pro tem--The gentleman did yield the floor, and the Chair
could not know whether he yielded temporarily or otherwise. The Chair
ruled the gentleman's point of order not well taken, and at that time
the gentleman could have appealed, but he is not in order to appeal now.
Mr. FERGUSON insisted upon his appeal, and in the midst of great
confusion the question was taken on sustaining the previous question.
On a division, the previous question was sustained--ayes, 52; noes, 17.
The SPEAKER pro tem. said the question was on taking the resolution
from the table.
Messrs. Bell, Saul and Warwick demanded the ayes and noes.
Mr. PORTER inquired if it would not require a two-third vote to take
up the resolution from the table?
The SPEAKER pro tem, replied that it required only a majority vote.
Mr. WARWICK raised a question of order that the resolution could only
be taken up by suspending the rules, and quoted the sixty-fifth rule
of the House: "No standing rule or order of the House shall be
rescinded or changed without a vote of two-thirds, and one day's
notice being given of the motion therefor; but a rule or order may
be suspended temporarily by a vote of two-thirds of the members
present, except that portion of rule seven relating to third reading
of bills."
Mr. DUDLEY of Placer read from Jefferson's Manual on the subject.
Mr. O'BRIEN said this was a very simple matter; they were acting under
the order of motions and resolution, and a motion to take up this
resolution was in order like any other motion, and required only a
majority vote.
The SPEAKER pro tem--The Chair so holds.
The resolution was taken from the table by a vote of--ayes 38, noes 27.
The SPEAKER pro tem,--The question is on the adoption of the resolution.
Mr. BELL--Mr Speaker--
Mr. HOFFMAN--Upon that question I move the previous question.
The SPEAKER pro tem--It is not necessary; the previous question is
already ordered, and applies to the adoption of the resolution.
Mr. BELL--It certainly does not apply to the merits of the resolution,
and I do not think the gentleman who voted for the previous question
had any suspicion that it would be held to extend to that, and
absolutely cut off all debate.
Mr. BARSTOW--I rise to a question of order. I think we have had enough
of this. There is no question as to the position of the question before
the House. The resolution has been carried to take the resolution from
the table; the Chair has announced that the question is upon the
adoption of the resolution; the previous question has been demanded
by three; and that is the chronological order in which things have
occurred. Is there any doubt of the position or the question?
Mr. BELL--The previous question was not demanded until I obtained the
eye of the present occupant of the chair, as he will admit.
The SPEAKER pro tem--The Chair has already ruled that debate is out
of order--that the previous question extended to the adoption of the
resolution. That is the main question.
Mr. BELL--If that is the decision, I appeal.
Mr. FAY--I rise to make an explanation. The gentleman from San Diego
(Mr. Hoffman) moved the previous question before the gentleman from
Alameda (Mr Bell) arose.
Mr. BELL--Yes, but it takes more than one.
Mr. FERGUSON--I rise for information. What is the question before
the House?
The SPEAKER pro tem.--Upon the adoption of the resolution.
Mr. FERGUSON--Does the chaIr decide that the resolution has been taken up?
The SPEAKER pro tem.--That is the decision.
Mr. FERGUSON--Has the House adopted for its government the rules of last
session.
The SPEAKER pro tem.--Yes sir.
Mr. FERGUSON--Then I desire to read from those rules.
The SPEAKER pro tem.--It is not in order.
Mr. BELL--This is the point I make--the previous question was moved,
and it was sustained upon the motion to take this resolution from the
table. That is well ascertained. Now the Chalr decides that that
previous question covers the passage of the resolution as well. In
my opinion it does not, and I appeal from the decision of the Chalr.
The SPEAKER pro tem.--The question is. shall the decision of the
Chair stand as the judgment of the House.
The ayes and noes were demanded and resulted as follows:
Ayes--Messrs. Ames, Barton of San Bernardino, Benton, Bigelow, Brown,
Cunnard, Collins, Cot, Dana, Dore, Dudley of Placer, Eagar, Evey, Fay,
Griswold, Hoffman, Jackson, Leach, Loewy, Love, Matthews, Meyers, Moore,
Printy, Reed, Reeve, Sargent, Sears, Teegarden, Thornbury, Tilton of
San Francisco, Van Zandt, Wright, Yule, Zack, and Mr. Speaker--36.
Noes--Messrs. Amerige, Barton of Sacramento, Bell, Dennis, Ferguson,
Frasier, Hoag, Kendall, Machin, McAllister, Parker, Porter, Saul, Seaton,
Shannon, Smith of Sierra, Thompson of Tehama, Waddell, Warwick, Watson,
and Wilcoxon--21.
Mr. O'BRIEN declined to vote. So the decision of the Chair was sustained.
Mr. BELL--Is any amendment in order?
Mr. BARSTOW--I rise to a point of order; I object to any debate. [Confusion.]
Mr. BELL.--Will the Chair answer my question?
Mr. BARSTOW--I object; it is debate; it is nothing but debate, and the
House has been three days debating at an expense to the people of $4,000,
and that debate all on one slde. The House has now decided to close debate,
and it is high time to close it, I think. Therefore I raise the point of
order.
The SPEAKER pro tem.--No debate is in order.
Mr. BELL--I rise for information. [Cries of Question!" "Question!" It
may be done by unanimous consent--
Mr. BARSTOW--I call the gentleman to order.
Mr. BELL--If it is necessary that a single word should be stricken out
of that resolution could it be done by unanimous consent?
The SPEAKER pro tem.--No, sir; it is beyond the reach of amendment.
Mr. BELL--Very well.
Mr. FERGUSON--I rise to a question of order. I believe the vote just
taken was to temporarily suspend the rule, in order to take up out of
its regular order the resolution now before the House?
The SPEAKER pro tem.--No sir; it is not taken up out of its regular
order, but in order.
Mr. FERGUSON--Well, then--
Mr. BARSTOW--I object to any repetition of any point of order. It has
been stated.
Mr. FERGUSON--I do not think the Chair--either its present occupant or
the gentleman from San Francisco who has just vacated--is competent to
place words in the mouth of any member, representing any constituency
upon this floor. [Cries of "order," and confufusion. [sic] ]
The SPEAKER pro tem--The gentleman is out of order and will take his seat. .
Mr. FERGUSON--I expect first to state my point of order, and I do hope
the majority here will not undertake to override all the rights of the
minority, and trample upon every rule of this House. Now I have a point
of order, which I propose to state.
The SPEAKER pro tem.--The gentleman will state it.
Mr. BARSTOW--lf it is the same point of order that has already been
ruled upon, it cannot be entertained.
Mr. FERGUSON--The Chair will hear my point of order.
The SPEAKER pro tem.--The question is on the adoption of the resolution
Mr. FERGUSON--I have the floor, sir.
Several gentlemen demanded the ayes and noes on the adoption of the resolution.
Mr. FERGUSON--I want to understand how the question stands, and again
I ask what was the vote that preceded the vote sustaining the previous
question.
The SPEAKER pro tem.--It was to take from the table the resolution. The
next vote was on sustaining the previous question, which was sustained;
the next, on sustaining the ruling of the Chair, and the Chair was sustained
and the next is upon the adoption of the resolution. The Clerk will call
the roll.
The CLERK proceeded to call two or three names on the roll,
Mr. Ferguson still claiming the floor.
Mr. FERGUSON--I must understand this before I take my seat, ["Order!"]
I have asked a question which I want answered.
The SPEAKER pro tem.--I will state again, as I have stated repeatedly,
that the motion came up in regular order, under the head of motions and
resolutions; there was no necessity for a motion to suspend the rules;
the resolution was taken up, and everything has gone on in the regular
order of business. The Clerk will proceed with the calling of the roll.
The following was the result of the vote:
Ayes--Ames, Barton of Sacramento, Barton of San Bernardino, Bigelow,
Brown, Cunnard, Cot, Dana, Dore, Dudley of Placer, Eagar, Evey, Fay,
Griswold, Hoffman, Irwin, Jackson, Leach, Loewy, Love, Matthews,
McCullough, Meyers, Moore, Reed, Sargent, Sears, Shannon, Teegarden,
Thornbury, Tilton of San Francisco, Werk, Woodman, Wright, Yule, Zack,
Mr. Speaker--37.
Noes--Amerige, Bell, Benton, Collins, Davis, Dennis, Eliason, Ferguson,
Frasier, Hoag, Kendall, Machin, McAllister, Parker, Pemberton, Porter,
Reeve, Saul, Seaton, Smith of Fresno, Thompson of Tehama, Van Zandt,
Waddell, Warwick, Watson, Wilcoxon--26.
Mr. HILLYER announced that he had paired off, but with whom was not heard
in the confusion.
Mr. O'Brien declined to vote.
So the resolution was adopted.
The resolution as adopted reads as follows:
Resolved, by the Assembly, the Senate concurring, That this
Legislature, when it adjourns to-day, do adjourn until Friday, the 24th
day of January instant 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 Assembly, to act with a like Committee to be appointed on the
part of the Senate, whose duty it shall be to procure and cause to be
fitted up proper apartments for this Legislature and the attaches
thereof, and shall remove thereto all the property and appurtenances
belonging to this Legislature; and that the members of the Assembly and
Senate do meet on said 24th instant, at 12 o'clock noon of that day,
in the hall of the building on Battery street, between Washington and
Jackson streets, known as the Exchange Buildings, from thence to be
conducted by their respective presiding officers to the apartments
prepared for them.
Mr. BARTON of Sacramento, who had changed his vote from no to aye for
that purpose, gave notice that tommorrow he would move to reconsider
the vote just taken. . . .
Mr. BARSTOW asked the gentleman to give way for a motion. He desired
to move that the [adjournment to San Francisco] resolution just passed
be communicated to the Senate forthwith.
Mr. REED withdrew the resolution for that purpose, and Mr Barstow submitted
the motion.
Mr. BELL said he rose to a question of order, which was that a notice
of reconsideration having been given, the resolution must be retained.
Mr. BARSTOW--The gentleman, I beg leave to submit, is entirely out of
order. The motion for reconsideration comes up and obtains on the first
day of our assembling, wherever that may be.
Mr. BELL insisted that, in consequence of the notice of reconsideration,
the resolution must be retained; otherwise the notice would be defeated.
He thought the honorable Speaker knew that, for he had acted upon it
himself.
Mr. BARSTOW--I beg to say that I know precisely to the contrary.
Mr. SHANNON--I hope the Speaker in the first place will preserve order
and the dignity of this body, if we have any to preserve
The SPEAKER appealed to gentlemen to conduct themselves with decorum.
Mr. SHANNON said Rule 27 very plainly guaranteed to every member voting
with the majority the right to give notice of reconsideration on the
following day, and the member could not be deprived of that right by
moving a reconsideration instanter. He thought it would require a
two-third vote to suspend that rule.
Mr. BELL said he would take great pleasure in reading that rule, which
he read as follows:
"Rule 57--When a question on a motion, or on the final passage of a
bill or resolution, shall have been decided in the affirmative or in
the negative, it shall be in order for any member of the majority to
move for a reconsideration thereof, by giving notice on the day of its
passage or rejection of his intention to move for such reconsideration
on the succeeding day, and it shall not be in order for any member to
move a reconsideration on the day on which such motion or question shall
have been decided, if such notice for reconsideration the succeeding day
shall be offered by any member who voted in the majority on the question.
The motion to reconsider may be made by any member of the House, and
shall have precedence over every other motion, except a motion to
adjourn. But there shall be no reconsideration of a motion of indefinite
postponement."
The SPEAKER pro tem.--The ruling of the Chair is that the motion to
adjourn to San Francisco has already obtained in the House, consequently
the notice of reconsideration by the gentleman from Sacramento could not
obtain.
Mr. BELL--I will have to appeal from that decision.
Mr. PORTER--Does not a notice of a motion to reconsider arrest the bill
or resolution, and retain it until that notice shall have been acted
upon?
Mr. BELL--Undoubtedly.
Mr. BARSTOW--Decidedly no. This question is now open for discussion.
The gentleman, it is very true, had a right to give the notice of a
motion to reconsider, but that notice will come up at the next assembling.
It follows the adjournment, and he loses no right. No notice of
reconsideration can take a motion to adjourn out of the custody of
the Legislature, and this is a motion to adjourn the Legislature.
[Here a message was received from the Senate, announcing the passage
of certain bills.]
The SPEAKER stated that the question was upon Mr. Barstow's motion.
Mr. BELL said it was impossible to conceive how the rights of the gentleman
from Sacramento could be secured, if that resolution went out of the
possession of the House. The thing was utterly impossible. It was
impossible to regard this resolution as a motion to adjourn, simply,
after all the debate which had been allowed upon it. It must be treated
like any other concurrent resolution of the two branches, and if it were
sent to the Senate and passed by them, It would become a law, and could
not be reached by Mr. Barton's motion to reconsider. Therefore the notice
retained the resolution, and it would require a two-thirds vote to suspend
or abrogate that rule.
Mr. .SHANNON said he was satisfied he had committed an error in his
former statement, since he had discovered that the resolution, if
passed by the Senate, absolutely adjourned the Legislature. That,
nevertheless, did not deprive Mr. Barton of the right acquired under
his notice, for upon the reassembling of the Legislature at any point,
he could move to reconsider. His idea was that this rule could not be
invalidated by anything less than a two-third vote. But he perceived
that the right to reconsider would still be secured and guaranteed under
the rule, wherever the Legislature might be.
Mr. BARTON of Sacramento said his notice was that he would move to
reconsider in this House to morrow, and not in San Francisco. He thought
that was his right under the rule.
Mr. BARSTOW--The gentleman can stay in this house and give his notice,
and make his motion, if he wishes to.
Mr. BARTON--I protest against the arbitrary course of members of this
House in this matter. It has no precedent in legislation any where,
and must meet with the condemnation of every honest man in the State
of California. [Applause.]
Mr. FAY--I wish it distinctly understood, and it is patent and plain
before this body, that there are certain gentlemen upon the other side
who have been talking against time here for the last three days, and as
long as they could. I refer to the gentleman from Alameda for one
(Mr. Bell) and the Sacramento delegation are others. When they talk
about oppression here, they know there is no ground for it.
Mr. WARWICK--I rise for information. I wish to know if this resolution
goes to the Senate, and is passed by them, whether it does not become
a law? Can we, by any action of this House, by reconsideration or
otherwise, recall it or prevent it taking effect? And if that is the
case, of what avail is the right to give notice of reconsideration?
Mr. WRIGHT--Will the gentleman allow me to state that the resolution
has already passed the Senate. [Laughter.]
The SPEAKER pro tem. said there was no doubt of the right of Mr. Barton
to make the motion to reconsider to-morrow, or at the next sitting,
wherever the Leglslature might then meet.
Mr. SEARS--Has it not gone already to the Senate?
Mr. SAUL--Not yet; they have passed it without waiting to receive it
from us. I know gentlemen are in a hurry, but I would remind them that
they have legal obstacles to encounter. I raise a question of order
that the motion of the gentleman from San Francisco is not in order.
The SPEAKER pro tem.--The Chair rules it in order.
Mr. SAUL--I appeal from the decision of the Chair, and on that I ask
the ayes and noes.
The ayes and noes were ordered, and the question stated [?] on the appeal.
Mr. O'BRIEN said, towards the close of the last session a bill was
passed attaching Mono county to Calaveras, and a notice of
reconsideration was given. It was then decided that a two-third vote
was necessary
to suspend that rule, and the rule was accordingly suspended by a two-third
vote. He read from the Journal of last session the proceedings on that
occasion.
Mr. HOFFMAN addressed the Speaker, but owing to the great confusion
his words could not be distinguished.
Mr. WARWICK said he would respectfully inform the House that before this
resolution had gone out of their hands it had been passed by the Senate.
Mr. BARSTOW (loudly)--I call the gentleman to order. He cannot reflect
upon the doings of the Senate.
Mr. REED said there was no parallel between this case and the one
cited by Mr. O'Brien, because this was a. resolution and that was a bill.
The SPEAKER pro tem. stated the question upon Mr. Saul's appeal. At this
point a message was received from the Senate as follows:
Mr. SPEAKER--I am directed to inform the Assembly that the Senate has
adopted, in cuncurrence [sic], Assembly Concurrent Resolution No. 6,
relating to adjournment of the Legisuture, and have appointed Messrs.
De Long, Soule and Porter a Committee in accordance
therewith. [Great Laughter.]
Mr. BELL--Mr. Speaker, I ask now is this not a spectacle for the State
of California to behold? [Cries of "Order."] I shall not yield in this
matter. I shall claim the right of my constituency to be heard. Here
has been a notice of reconsideration which, under the rules, ties up
this resolution in this House until the succeeding day--
Mr. DUDLEY of Placer--I rise to a question of order.
Mr. BELL--I yield to no man, sir, I am not out of order. [Great confusion.]
Mr. DUDLEY of Placer--I rise to a question of order, sir. My point is this,
that the gentleman from Alameda is speaking to a message which has been
announced here from the Senate--
The SPEAKER--That would certainly be out of order.
Mr. BELL--It is upon an appeal from the decision of the Chair.
Mr. BARSTOW--I am satisfied that my motion was not necessary, and I
withdraw it
SEVERAL MEMBERS--You cannot withdraw it.
Mr. TILTON of San Francisco--It seems to me, sir that the longer we stay
here the more we disgrace ourselves. I move that we adjourn.
Mr. BARSTOW--Will the gentleman give way while the Chair announces
the Committee.
Mr. BELL--I have the floor.
The SPEAKER pro tem.--The Chair appoints as the Commmittee, Messrs. Hoffman,
O'Brien and Fay.
Mr. SAUL--I wish to know by what species of hocus pocus the resolution
got into the Senate.
The SPEAKER pro tem.--The Chair does not know.
Mr. BARSTOW--It seems to me we are getting into a great difficulty here
about nothing. No resolution is required to send it to the Senate. It is
a simple resolution, and goes to the Senate in the ordinary course of
business.
Mr. BELL--I have not yielded the floor yet, and no motion to adjourn
or appointment of a Committee is in order while I have the floor.
Mr. AMES--I rise to a point of order. The gentleman has spoken more
than twice upon the subject,
Mr. BELL--Not upon this question; this is an appeal, and the reason why
I appeal is this, and I put it to yourself, sir--
Mr. TILTON of San Francisco--I rise to a point of order. I dislike to
do so very much, but I would like to know if the motion to adjourn is
not in order?
The SPEAKER pro tem.--The gentleman from Alameda (Mr. Bell) had the floor.
Mr. BELL--I want gentlemen, for a moment, to look at the proceedings here.
We are discussing this resolution, when it is brought back to us from the
Senate--
Mr. BARSTOW--I rise to a point of order. There is no question pending; my
resolution is withdrawn.
The SPEAKER put the question on the motion to adjourn, which was carried
amid great confusion, and accordingly at half past two o'clock the House
adjourned to meet in San Francisco on Friday, the 24th instant.
[The Chief Clerk of the House desires our Reporter to say that he was not
aware of the resolution for adjournment being sent to the Senate.]
DAMAGE TO DITCH PROPERTY.--We learn that the damage to ditch property
caused by the late floods, has been immense throughout the interior.
Our neighboring county of Butte has suffered somewhat. The Feather River
and Ophir Ditch Company are heavy sufferers, their extensive.ditch
running from Feather river to Oroville, and supplying that town, as
well as the immediate diggings, with water, had been injured to a great
extent. The dam on Feather river has been carried away, together with
flumes. The Forbestown ditch has also been much injured. The Walker
& Wilson ditch, leading from Butte creek to St. Clair's and Thompson's
flats, opposite Oroville, we are gratified to learn, has not suffered
much, as it is thought fifty dollars will cover all damages sustained.
This ditch is owned by our townsmen, Walker & Wilson. Lewis Cunningham,
of this city, is President of the Feather river ditch company, and
principal stockholder. He informs us that the minors in the vicinity of
Oroville will deprived of water, he thinks.for at least three months.
This is a heavy loss on the miners and the stockholders, and .may be
recorded among the many calamities that befell untortunate California
during the dark and dismal season of floods that visited her during
the winter of 1862.--Marysville Express.
p. 2
NEWS OF THE MORNING.
Accounts still pour upon us from different portions of the State, showing
that the flood has been disastrous everywhere. It would be difficult to
estimate the amount of damage that has been inflicted upon the industrial
interests of California. . . .
Opinions of the press on the removal of the Capital from Sacramento will
be noticed in our columns; also, a spirited and well-written communication
on the same subject. This matter of removal will cause a sensation
throughout the State, not only on account of its injustice, but evident
impolicy in the present embarrassed condition of the people of the State.
It is a measure involving extravagance and waste of the public money,
when every dollar should be disbursed on the strictest principles of
economy.
It rained quite steadily night before last, yesterday and during last
evening. The water commenced rising in the city in the morning, owing
to previous rains in the interior, and up to last evening its hight
had increased about fourteen inches. A portion of the increase of
the water level was owing to a break in the levee at Rabel's tannery
at about twelve o'clock in the forenoon. The Sacramento stood
yesterday about as it did on the day previous, with a slight tendency
to a rise. The American river rose considerably. . . .
The Citizens' Committee in reference to forming a better municipal
government, will meet at one o'clock this afternoon, at the office
of J. W. Winans, corner of Third and J streets.
THE LEGISLATURE.
Nothing of importance was considered in either branch of the Legislature
yesterday except the resolution to adjourn to San Francisco, which was
adopted in the Assembly by a vote of 37 to 20, and concurred in by the
Senate by a vote of 22 to 13. While the Senate were acting upon the
resolution the Assembly was debating the propriety of its being sent
to that body at all, until after the motion to reconsider, of which
notice had been duly given, should be disposed of. The member who gave
this notice,--Mr. Barton of this county--was courteously informed by
Speaker Barstow, (then on the floor), that he could make his motion to
reconsider, at San Francisco, or that he could remain here, and make it
after the Legislature had left. Whatever may be thought of the merits of
the question of adjournment under the existing circumstances, there can
be but one opinion as to the spirit manifested in the remarks alluded to.
The next meeting of the Legislature will be at San Francisco.
HOWARD ASSOCIATION.--The Pavilion received an addition of forty persons
to-day, from all sources. The boats of the Society brought into town all
the families in the line of the swift current from the break near Rabel's
tannery, and most of them went to hotels. A number of families in the
vicinity of the Agricultural Park were brought in, and some from the
Halfway House to Sutterville.
The "Shubrick" returned yesterday afternoon and most of her passengers
were taken to the Pavilion. One John Smith, from Sharp's ranch, is very
ill, and will not probably recover.
Word was left at the Pavilion of the break, and in twenty minutes four
of the Society's Whitehall and the whale boat were on the ground, but
fortunately were not needed, as the cluster of houses supposed to be
washed are directly in the rear of Rabel's, and the break is some
distance west of that point.
The whale boat leaves this morning for points up the sloughs from
the Sacramento, where some families reside, known to be destitute.
Information of great distress fifteen miles from here, at a point
between the upper and lower Stockton roads, was brought in last night,
and a boat will be dispatched to-day.
The demand for supplies of all kinds continues unabated, and owing
to the advanced rates of many staple articles, the dispensation of
sugar, flour, rice, etc., have been curtailed or cut off altogether.
The prospect of the continuance of distress for ninety days, and the
state of the Society's funds, requires the greatest prudence and economy. . . .
RELIEF LADIES.--In addition to the names of the ladies recently published
in the Union, who have been forgard [?] in the relief movement in San
Francisco, we give the following:
Mrs. G. Arthur, Mrs. Bostwick, Mrs. Burnham, Mrs. Wm. Taylor, Mrs. Cline,
Mrs. Sanford, Miss. H. G. Sinclalr, Mrs. Mary Buffington, Mrs. J. B. Lyle,
Mrs. Henry Miller, Miss Anne Stone, Mrs. George Fisher,
Mrs. William R. Monroe, Mrs. M. A.. Sanstock, Mrs. Mary Kellogg,
Mrs. Gilmer, Mrs. Ruth Taylor, Mrs. Mowry, the two Misses Balline,
Miss Maggy Buffington, Mrs Estell, Mrs. Charles Lux,
Miss M. J. Chamberlnin [?], Mrs. Charles E. Foyes, Mrs. Hoagland.
FORCE OF THE FLOOD.--A correspondent writing to the Alta from
Stockton, January 19th, says:
To give you an idea of the force of the current between the Stanislaus
and the Tuolumne, where the land is considered the finest in the county,
the different ranches had some fine large oak trees on them, which they
would not allow to be cut. Out of one hundred fine oaks on a ranch not
one is left. Everything is swept off. They say they do not believe
anything could resist such a force of water as they have seen.
THE FLOOD AT WASHOE.--A correspondent of the Marysville Appeal,
writing from Virginia City, January 12th, says:
Empire City is all under water to a depth of from six to eight feet.
The rise in the Carson river was great aud rapid, and Sprowl's Mill,
situated two miles above Dayton, (Chinatown,) was carried away, by which
Sprowl, J. Anderson, and wife, Dayton and Mrs. Landing, lost their lives,
and several children are missing and are supposed to be drowned.
Our correspondent from Grass Valley hits the nail on the head when he
decides that the people of Nevada county are in favor of the Legislature
remaining in Sacramento. . . .
ADJOURNMENT TO SAN FRANCISCO
The Assembly yesterday passed the resolution offered by Hoffman on
Tuesday to adjourn to San Francisco, by a vote of thlrty-seven ayes
to twenty-six noes--quite a number of members declining to vote. The
resolution was carried by a minority vote of the Assembly, and a motion
to reconsider was disregarded--indeed it was received by the Speaker
in a very discourteous manner. The man selected by the Republicans in
caucus for Speaker has already, by his partial rulings and exhibition
of an inability to control his feelings and curb his prejudices,
demonstrated his unfitness for the responsible position to which he
has been elevated. The resolution was acted upon in the Senate, where
it passed by a vote of twenty-three to thirteen, while a motion to
reconsider was still pending in the House. Such action was irregular
and unparliamentary, and we are informed by the Chief Clerk of the
House that the resolution was sent to the Senate by his Assistant
without his own knowledge. It was, too, a despotic move of the
majority, as it deprived the minority of a right guaranteed to them
under the rules which govern legislative bodies. But the deed is done;
for good or evil the Legislature has resolved to leave Sacramento for
San Francisco. The act is not in accordance with public sentiment in
the State, as manifested through the press and through other sources.
The adjournment is not for the good of the State; the public interest
was not the moving cause. The only reason advanced for taking such an
extraordinary step as to adjourn from the Capital to another place, is
the personal comfort of members. It will not meet the case to assert
that the business of legislation cannot be performed in Sacramento. It
could have been done here, notwithstanding the water, had the members of
the Legislature manifested the disposition to go forward with the work of
the State, regardless of personal comfort. It has been generally supposed
that Californians were as indifferent to mere personal inconveniences
and lack of ease and comfort as any men in the world. But it is a mistake
to conclude that that class of men are generally sent to the Legislature.
Whatever may have been his condition at home, however rough may have been
his fare and lodging, when elected to the Legislature he becomes the most
particular man in his eating, lodging, etc., to be found at the Capital.
His personal comfort and pay are the first considerations. He determines
to have a good time at the expense of the State. There is not a very small
number of this kind of men in every Legislature, and those of this class
in the present one all voted to adjourn to San Francisco, because their
personal comfort demanded it. The enjoyments and amusements they calculated
upon are not to be had in Saccramento [sic] under present circumstances,
and, therefore, they vote to go to San Francisco. Personal comfort seems
to be the controlling sentiment in the present Legisature. Members will
enjoy themselves in the Bay city at the expense of their constituents.
While professing to be the servants of the people, they act as if they
were their masters. This personal comfort account between the people and
the members of the Legislature who voted to adjourn and hold the session
elsewhere than at the Capital, will be hereafter settled.
Considering the extraordinary condition of the country, and the
impossibility for members to hold communion with their constituents,
the adjournment should have been sine die, as suggested in an
article we copy from the Alta Calfornia. The Governor could have
called a session in May, when the country would have been in a proper
condition for appreciating legislation. In San Francisco the Legislature
may pass an Act declaring the State out of the Union, and the people in
half the State would be for months ignorant of its existence. A bill was
introduced in the Senate to authorize the officers of State to remove
temporarily to San Francisco, but there does not seem any particular
necessity for their removal. The communication between the two cities
is daily, and only a short delay could occur in transacting business.
The Governor has ten days to consider bills, and bills started at four
o'clock in San Francisco would be in his hands the next morning. The
business in the other State offices can be performed with equal facility.
Indeed, the officers will be much less interrupted in their work than
if members were in the city. And then members should be furnished with
an apology for occasionally visiting Sacramento by the Saturday's boat.
It is, too, probable that Sacramento will so far recover from her present
flooded condition as to induce members to return here to conclude the
session. The State officers should, therefore, remain in Sacramento. . . .
SENATOR HEACOCK, of Sacramento, was not present to-day when the vote
to adjourn was taken in the Senate. His constituents would he glad to
know why he was absent on an occasion of such vital importance to Sacramento.
DEFENSE AND FUTURE PROSPERITY.
A correspondent, who takes a deep interest in Sacramento, sends us a note,
from which we make these extracts:
Like every one else in this State, I have been thinking much about your
flood and the future prospects of your city. To my mind it will be
necessary to divide the freshets of the American before you can ever
be safe. In the nature of things the bed of that river towards its mouth
will rise yearly, and the deposit at the entrance into the Sacramento
waters back of your city. I do not see future prosperity for Sacramento
unless it is made a manufacturing city. Cannot the back channel be cut
in such a way, or from such point in the American, that while in times
of freshet it will lessen the volume of water, it will at all other times
afford power for machinery? Cannot such a channel be made the sonrce
from which the dirt supplies of all the levees are obtained, the canal
which will give water transport from the granite quarries, the means
of safety, and the source of wealth? Our weather circles appear to run
about twelve years. I have been thinking we should find them like the
European to run twenty or twenty-two years. It is a pity we have no
definite record of floods. The Vallejo freshet I think he placed in
1827; the Wilkes freshet, when no communication was had with the
shipping in three days, in about 1839 or 1840; the third in 1849-'50,
and in 1852-'53; and the present one of 1861-'62--which give almost an
average interval of twelve years. I think, if your 'Trustees' can hit
upon some plan which will combine business advantages, as well as
security, they will give the encouragement your business men and people
must surely need.
The idea of dividing the freshets of the American by digging and
leveeing a huge canal from some point on the American, running back
of the city and into the Sacramento by Sutterville, or to follow
the sloughs below the city into the Mokelumne river, has been before
advanced and discussed. An eminent civil engineer, about the time of
the first flood, stated to us that a canal to take off a portion of the
surplus water of the American, combined with substantial levees, was
the true plan to adopt for the protection of Sacramento. The question,
too, of making the water flowing through it available for manufacturing
purposes, has also been considered by those who concur in the opinion
that ours should be a manufacturing city. But in the absence of a survey
the exact fall is not determined, though from the mouth of Burns' slough
to the Sacramento at Sutterville there must be a fall of several feet.
There would however, be found a good deal of difficulty in using the water
for manufacturing purposes, except when at a particular stage. If high,
it would swamp the machinery; if low in the American, it would not enter
the canal unless it was dug so deep as to be down to low water mark.
True, it could be raised by a dam, were it practicable or allowable to
build one which would stand during a high flood. Something might possibly
be accomplished by going above Brighton and taking the water for
manufacturing purposes out of the river at some favorable point; but
that could not be done without the aid of a dam. Te build such a canal
as would be demanded to carry off enough of the surplus water of the
American to make any impression on the general mass, would be an
expensive and heavy job.
In our judgment it can be confined to its channel by a system of
levees made as high and broad as may be demanded. This plan, combined
with the policy of straightening the river, will accomplish the end
in view without a canal. With a levee of the right character Sacramento
may defy floods. Our experience in California is too limited to determine
anything definite as to the flood circle. It may, however, be determined
by the record of half a century that twelve years, or thereabouts,
constitute the circle of floods in the State. It is a subject worthy
of attention.
REMOVAL OF THE CAPITAL.
We have already expressed ourself on the subject of the removal of the
State capital, and said then what we still think right and just in the
premises. If it is possible for the Legislature to be accommodated, and
get along with their business, with any degree of comfort and dispatch,
we believe it ought to hold its session in the city of Sacramento. In
the midst of their late calamitous visitations, to remove from them
anything that can in any way add to their prosperity and encouragement,
is, we think, unjust and ungenerous, if at all compatible with the general
welfare of the State. We believe we speak the sentiment of the people
of our county, when we say to our Legislature, remain where you are,
if at all possible, in consistence with your duty to your constituents,
and even strain a point to do so, and the generosity of Californians will
sustain you in it. Sacramento is the city for the capitol of this State,
with its present bounds; and those who think it will be abandoned we
esteem short sighted. It is true the fine gardens and beautiful residences
of the city are nearly ruined; but it is not the country seats or
cottages and gardens that go to make a city. It is the trade; and when
the water goes down, the trade will go on. The Sacramentans are not going
to desert millions of property, and the most business point in the interior
of the State, when one hundred thousand dollars will save both. Let them
not be discouraged, but boldly go to work to raise the levee and raise the
streets, at least some of them at the upper end of the city, and all will
yet be well. We predict it will be the second city in the State henceforth
and forever. Taking the Capital away would discourage them, and this we
ought not to do. But if the Capital is to be removed, our first choice is
Marysville. There the Legislature can be accomodated, and it is a pleasant
place in the winter, as healthy as any location in the State. Benicia is
our next choice, and is probably more central than Marysville, but to our
mind is nothing like as pleasant, nor is it more accessible to the whole
State than the last named. Another objection to Benicia is, that it is
too near San Francisco, and is subject to the same sort of breeze. Of
course, San Francisco will expect the Legislature to hold its session
there this Winter, whether it would ultimately become the Capital or not.
This we do urge our mountain members to oppose, for various reasons.
One is, that San Francisco always has had favorite schemes to be forwarded
by the Legislature, and often schemes very injurious to the interests of
the State and only beneficial to the speculators therein concerned.
Another is, that we believe the good and bad people of that city would
find subjects sufficient to occupy the whole time of our Legislature,
if it meets in their city. Another objection is the generosity of
parties in our great commercial emporium when wishing to carry any great
measure. This we have seen in Sacramento, and what would it be in
San Francisco? We fear the Third House would acquire such proportions
in San Francisco as to become the most important branch of the Legislature.
In short, we fear if our Legislature meets in our chief city, that some
monster improvement might be gotten up that would eclipse in magnitude
the selling of the city front or the bulkhead bills. If our Legislature
meets in San Francisco, we may expect the election of the successor to
M. S. Latham, this Winter. In conclusion, we would advise legislators,
if they go to that city, to be careful and not do anything contrary to
the views of the good people thereof, lest, peradventure, they might be
banished hence. We would not be understood as including all the San
Franciscans, when we hint at the masses not allowing anything done or
said contrary to their wishes, or in opposition to their opinions, for
we are free to acknowledge some of the most liberal men of the State
are residents of that city.
Since penning the above, we have received the first mail for a week,
and though we but guessed the question of removal would be discussed,
we are glad to find the Legislature has refused to move from Sacramento.
The Assembly in this matter we think acted nobly, and we are glad to
find some of the papers in San Francisco taking proper ground on this
subject.--Sierra Citizen.
[The Legislature voted yesterday to remove. Eds. UNION.]
MERCED.--A correspondent from Hornitos, writing under date of January 14th,
says:
We have had no papers--in fact, no mail communication for over two
weeks. The losses, all over the country, are immense, and the "floodgates"
of heaven are still open.
A MAN AND LITTLE GIRL DROWNED.--On Wednesday, January 15th, a Frenchman,
named Jorden, was fonnd drowned in a mountain stream two miles above the
Enriquita mines, and a little girl was drowned in the same creek the day
previous. . . .
UNWILLINGNESS TO RECEIVE ALMS.--The San Francisco Herald of
January 21st relates the following:
"Yesterday we were witnesses of a scene which excited much interest in
those who were participants, or who, like ourselves, were witnesses of
the occurrence. A family which had been driven by the flood to seek
refuge here, reached the city without money and almost destitute. The
father had provided generously, from successful industry, for a numerous
offspring, and as the progeny attained suitable age means of education
had been amply furnished, and refinement and elegance added charms to
plenty. Suddenly the floods came, and at an inopportune moment, soon
after heavy investments in choice stock had invested all his ready money,
the unhappy parent found his paradise converted into a vast pond which
swallowed up all his hopes; an elegant mansion, with its pleasant grounds
and its choice furniture destroyed or swept away; the noble animals, upon
whose increase he had based reasonable expectations of future fortune,
drowned, and almost the last vestige of a fine farm obliterated. The
father sank into a despondency, not surprising, but truly painful to
contemplate. The man and his little ones, the wife and his noble danghter,
reached San Francisco almost destitute; and their condition having been
made known to the proper persons the needful relief was proffered. Then
came the trying scene. The mortified daughter revolted at the acceptance
of charity, and in thrilling words declared that death was less painful
as an alternative than assistance thus obtained, and expressed her desire
to suffer any degree of privation rather than receive the dole which
should belong only to weak and miserable wretches incapable of heipiag
themselves. We recount the above for the sole purpose, in the most
matter of fact manner, of showing the fatal impression under which this
high spirited girl labored, and which, for aught we know, may deprive
many others, the most worthy perhaps, from availing themselves of the
assistance which is proffered them in their distress. The work in which
the people of San Francisco are now engaged for the relief of the
sufferers by the flood is not considered by them as a charity. It is
simply extending the assistance which the shipwrecked mariner, who is
so fortunate as to escape the perils of a wreck on a lee shore, is
entitled to demand from the dwellers whose contiguous homes God has
blessed and thereby made them the almoners of His bonnty. False delicacy
should be discarded, and every one who needs it should freely use what
He has provided."
The above is a communication. We know all about the circumstances
alluded to. The family have been provided with rooms and board in a
first class restaurant. Martin, of the firm of Martin & Horton, has
assumed the responsibility of paying the rent, and the Committee have
arranged for supplying the family with provisions. They will be taken
care of without ever knowing the parties to whom they are indebted.
RAINS IN NAPA.--The Napa Reporter of January 18th says of
damage by floods in that section:
We in Napa have borne our share. The aggregate looks small, but if
figures could be made to speak, it would appear that our community
has suffered losses not to be repaired for many a long year. If we
add to the absolute loss of property the wretched discomfort that has
pervaded all claases, like an invincible presence, ever since the
floods commenced falling, we shall have made out a picture of distress
and calamity sufficient to appal the stoutest heart, and make discouraged
men who have for half a century bid defiance to the frowns of fortune.
FOR SAN FRANCISCO.--The wives and families of many of the citizens
of Stockton, in fear of a still greater overflow in that city, left
January 17th for San Francisco. . . .
PROTECTION FROM THE STATE.--The Sierra Citizen says:
Our State by this last flood has lost some millions of property, yet
this is not the worst loss--no, the worst loss to the State is the
discouragement to the enterprises throughout our borders, especially
in the valleys. Men have no security against a like flocd, should they
again cultivate their fields and replant their orchards and vineyards.
Our opinion is that the Legislature should do something toward embanking
the good lands along our rivers. Something to insure our cities and
farmers, who have made their homes in such situations, against these
losses in future. What to suggest we know not, but hope the wisdom of
our legislators will devise something beneficial for our citizens who
have suffered by this last flood.
MOKELUMNE CITY.--A correspondent of the Union, writing from Mokelumne
City, Jan. 7th, says in reference to the water in that place:
Our present Postmaster, S. M. Parker, has been a resident here since 1855,
and up to this present writing has never seen this city wholly submerged.
The water has not been so high this present season by four inches as it
was last Spring. The post office is in a portion of the building occupied
by H. Hale for general merchandising, and during the freshet so far has
been high and dry. As a matter of justice to the inhabitants of this
place, I would like to have you publish the above.
STOCKTON.--The Republican of January 19th says:
We are in sight of our streets again, or rather we were yesterday
afternoon, and the mud having been washed away we had the pure gravel
to walk upon. The water rose but little on Friday night, and the
apprehension of more danger was consequently unfounded, dismal as
was the prospect. Yesterday the water was falling with almost amazing
rapidity all day. At night yesterday, with the exception of the gutters,
everything was dry in most of the business part of town. The water has
not run out of the north side of the city as rapidly as might have been
expected, though we have every reason to hope that we shall see clear
streets there to-day.
PREMATURE CONGRATULATION.--A tavern keeper on the Placerville route
was calmly congratulating himself on not being a resident of Sacramento,
and liable to flood perils, when "all at once" a landslide struck his
house and left him howling in a mud puddle.--Marysville Appeal.
PROTECTION OF SACRAMENTO--REMOVAL OF CAPITAL.
GRASS VALLEY, Jan. 16, 1862.
EDITORS UNION: The misfortunes of Sacramento excite the sympathy of
the good people of our State generally. This sympathy, however, is not
directed to Sacramento alone, for the sufferers by the unprecedented
flood all over the State awaken the liveliest feelings of sorrow, with
a wish to alleviate, as far as can be done, the victims of this great
and awful visitation. As Sacramento, however, is the great center of
the State politically, and as the has [?] a large concentrated
population, public attention is necessarily directed to her, both
philanthropically and politically. It is most gratifying to see the
prompt and noble generosity of San Francisco. It is worthy of imitation
and all praise. In this hour of trial she not only steps forth with a
full hand to relieve the suffering masses of her stricken sister city,
but with a nobleness of spirit in this dread hour of trial disdains to
take advantage of the condition of things, and protests most honorably
and honestly against the removal of the Capital, even when it might
seem that there was a fair prospect of transferring (for a time, at
least) the Capital of the State to its own locality. Such nobleness
of spirit meets a just eulogium from the mountains, and the magnanimity
of San Francisco will long be remembered by us.
I most heartily regret that an editor of Nevada county is in favor
of removing the Capital to some other locality. Lest his opinions
should be deemed those of a majority of our people, I take this
opportunity to dissent from his views. I believe that if a vote
could be taken upon the subject, a large majority of our people
would be found in favor: First, of continuing Sacramento as the
Capital of the State; second, for the Legislature to grant ten or
twenty thousand dollars, or more, for the relief of the sutferers
in the State; and then to appropriate at least two hundred thousand
dollars toward building a sufficient and effective levee to protect
the city from future floods.
Sacramento is situated at a point convenient and accessible from all
parts of the State, and because a flood has for the time being damaged
her fair proportions it should be abandoned, is about as just as because
a steam boiler exploded or a cannon burst, causing less of life, steam
nor powder should never more be used.
If the dykes of Holland can prevent
the encroachment of the sea upon hundreds of miles of fertile territory;
if the Mississippi can be controlled within its channel by hundreds of
miles of artificial banks; if rivers of Europe, from the times of the
Romans to the days of Louis Napoleon, can be kept within their limits
by works of earth, so can Sacramento be made secure from any and all
floods, and still be an enterprising, rich, and beautiful city, alike
secure from the contingency of a seaboard warfare or metropolitan
excitements.
I will hazard the opinion that Nevada City favors Sacramento for the
Capital, and I will pledge Grass Valley for the same, while beautiful
San Juan and lively Rough and Ready will stand with us shoulder to
shoulder. In case of need I stand ready to back up my opinion, either
in the way of taxes or voluntary contribution, to promote these ends.
GRASS VALLEY.
DAMAGE ON THE SAN JOAQUIN.--The Republican of Jan. 19th has the
following:
James Atkinson arrived from the San Joaquin yesterday afternoon. He
reports the stock nearly all swept away at the point he visited, fourteen
miles from this city. His valuable swine which took the prizes at the
Fair, and his prize poultry, are all lost. On an Indian mound, about
a mile and a half in from the river at this place, were ten horses.
There is but an acre of ground in the mound, and there is a circus-like
circle upon it about thirty-six feet in diameter, as if some Indian dances
had been held there at one time. To this mound, a brave Frenchman named
Frank Willard had, during the dreadful storm, towed these poor animals
behind his boat, at the risk of his life. His own house was three inches
deep with water, but he had a good supply of hay, and has fed the horses
regularly on their prison ground, though for two days the storm raged
so furiously that he could not get to them. It was affecting to see the
joy of the poor, starving brutes when he reached them again. They swam
out to meet him and their food. He is still caring for them.
DROWNING OF STOCK.--The Stockton Independent, of Jan. 20th, says:
We learn from a gentleman who arrived in this city on Saturday from
the lower Mokelumne, that the loss of stock consequent upon the overflow
in that section of the county, has been universal. There was no means
of averting it, for not even a mound, for miles along the river, was
above water. Cattle, therefore, wandered off into deep channels and
were swept away by the current by hundreds. John Thompson, assemblyman
from this county, has lost nearly an hundred head of fine American cows,
while his neighbors, although they are not to the same extent the owners
of stock, have suffered very severely.
SAN FRANCISCO.--The Call says Bush street has suffered severely by the
rains, from one end to the other. Between Powell and Mason a deep hole
has caved in, sidewalk and all, and on several other blocks much damage
has been done. . . .
p. 3
CITY INTELLIGENCE.
THE LEVEE AT RABEL'S GONE.--Between eleven and twelve o'clock yesterday
forenoon, the new levee at Rabel's tannery gave way under the pressure of
the swollen waters of the American, and a crevasse was opened through
which a large volume of water found its way into the city. The weak point
which first opened was about thirty feet in width, but the ends of the
levee were washed; off so rapidly that the breach had attained a width
of about one hundred and fifty feet by three o'clock in the afternoon.
At that time a number of men were employed in an effort to save the
remaining portion of the embankment by protecting the ends with gunny
sacks. The fall of the water as it leaves the river is about three feet,
though it is estimated by many at a higher figure. The level of the river
at that point at high water is several feet above that of our streets,
and the bend in the channel is calculated to force a great deal of water
into the city. The effect of the opening by sunset last evening, however,
was scarcely perceptible in the city south of J street. It seems probable
from this fact that the water will not be raised to any considerable
extent by the breach, but it is to be feared that it will maintain its
present or an approximate hight much longer than it would had the levee
been preserved. Less damage was, of course, done to property in the
neighborhood by the current than might have been had not the ground been
already covered with water, by which its force was partially counteracted.
It was thought that the houses of Hooker, O'Brien, and perhaps others,
would be carried away before the river falls. Hooker's stock and fences
suffered considerably during the afternoon. As soon as the information
reached the city that the water had broken through, the Lucy Harron and
others of the Howards' boats were sent out to bring off such families as
were thought to be in danger. A number of persons were collected together
and taken to Hopping's residence, wbich was regarded as free from danger.
For the past two or three days and nights fears have been entertained
that the current would prove too strong for the embankment at this point
and men have been kept constantly at work on it.
RETURN OF THE SHUBRICK.--At about four o'clock yesterday afternoon the
emphatic voice of a 24 pound Dahlgren gun announced the return of the
United States steam revenue cutter Shubrick. She left the levee at twelve
o'clock M. on Tuesday, for a relief trip down the river. We are informed
by Capt. Pease that on her way down she took from different ranches along
the river seven men, five women and ten children--twenty-two in all.
On arriving at Rio Vista she anchored, and remained until the steamer
Chrysopolis arrived, to which boat the passengers were all transferred.
The Shubrick left Rio Vista yesterday morning, and on the way up took on
board eighteen additional passengers--eight men, three women and seven
children, all of whom were transferred to the steamer Antelope for San
Francisco. One of the eigbt men was sick. In addition to those who were
thus relieved, the Shubrick distributed provisions to four different
parties along the nver. There have been, in all, seventy-five persons
transferred by her from their ranches, surrounded by water, to positions
in which their wants could be attended to, since she left San Francisco.
Captain Pease reports that he saw from fifteen to twenty men and a large
number of cattle at Dodson's ranch. The water rose at Rio Vista thirteen
inches on Tuesday night, and six inches the night before.
AT R STREET--Within the past few days the levee immediately at the foot
of R street has been washing away very rapidly. An opening some sixty
feet long and about thirty in width has been made, extending at the
lower end nearly to the platform scale. An eddy at that point continued
to cause the baok to cave. A raft of heavy timber belonging to the
Railroad Company was constructed and moored in the opening to prevent
further encroachment. Had the levee at this point been of but the ordinary
width a channel would of course have been cut through. But as the
Railroad Company has a wide and strong embankment there it is not likely
that the river will come through. The point a short distance above,
repaired a few days ago, appears to hold its own without injury from
the current.
THE FLOOD--The water in the city, which fell gradually through Monday
afternoon and evening, continued to recede until about two o'clock
yesterday morning--having fallen in all about twelve inches. At about
that time it began to rise, and at nine o'clock last evening had risen
sixteen inches--being within two inches of the high water mark of
December 9, 1861. It was still on the rise, accelerated, no doubt by
the waters of the American river through the crevasse at Rabel's tannery.
The continuation of this high stage of water keeps nearly all our business
places closed, prevents all communication or transportation,. except by
means of boats, and of course precludes all effort to improve streets,
repair damages, or in any manner regain ground lost by former floods.
STEAMBOAT COLLISION.--Soon after twelve o'clock yesterday morning, a
collision occurred on the Sacramento river between the steamers Nevada
and Antelope. There had been something of a struggle for the lead
between them all the way up the river, and the passengers on each boat
appeared to censure the officers of the other boat for the accident.
The principal damage done was the tearing away of the left wheelhouse
of the Antelope. At a still later hour the boats came again in conflict,
but no damage was done to either. It should be remembered by the
officers of our steamers that their boats are now generally crowded
with passengers already fleeing from misfortune. Their lives should
not uselessly be imperilled in racing.
AID FROM SAN FRANCISCO.--Rev. W. H. Hill, Rector of Grace Church, has
been the recipient of funds from San Francisco, to which, he refers in
a note of yesterday's date, as follows: "Will you grant me a little
space for the acknowledgment of moneyed favors from San Francisco, in
addition to those forwarded to the Howard and other Benevolent
Societies? The following sums have been sent to me, as Rector of Grace
Church, with the request that I would disburse the same individually,
which I have endeavored to do to the best of my ability: Sundry
individuals, per A. M., $30; individual donation of ,-------, $50;
Church of the Advent, per Rev. Mr. McAllister, $87.50--total, $167 50.
God bless these and all the donors!"
FRONT STREET CROSSINGS.--For the accommodation of foot passengers, and to
facilitate business, [sic] etc., several of the Front street
establishments have erected crossings extending from their stores, on
the east side of the street, to the levee on the west. They are
constructed of single plank supported by uprights seven or eight feet
above the water. They are necessarily kept at this altitude to allow
boats to pass under them. They answer very well the purposes of sober
men, but are rather hazardous to those who are drunk, of whom Front
Street and the levee have a full share at present.
TO PRESERVE HOG FEED.--There is at present a large amount of damaged
grain in the city which is rapidly becoming worthless by sweating and
moulding. It is said that it may be preserved as hog feed by simply
sinking the sacks in water and letting them remain until needed. The
water at once checks the tendency to heat, and is so cold as to prevent
the grain from sprouting. . . .
USE OF THE CAPITOL.--It has been suggested that as the Legislature has
vacated the Capitol building, at Seventh and I streets, and as there are
many families in the city who are houseless, it should be thrown open for
the present to all who may require its use.
COMMITTEE MEETING.--A meeting of the Citizens' Committee, to prepare a
plan for the future government of the city, is called by the Chairman,
Dr. Morse, to take place at 1 o'clock P, M. today, at Winans & Hyers'
office, in Reed's Block, Third and J streets. . . .
VERY CORRECT.--The following communication from a Sacramentan appears
in the Bulletin of January 21st. The sentiments expressed in it
are entirely correct:
In your paper of last Wednesday an article appeared which did great
injustice to the people of Sacramento, and as I have seen no correction
of it, I, for one, respectfully desire to enter my protest against it.
The letter referred to is from a correspondent in Sacramento--not "Our
Own," but some casual writer. I find the following language in it:
"San Francisco and her delegation have been abused and villified as if
they were the actual cause of all of Sacramento's misfortunes." Now, I
profess to be as well posted about this matter as any one in this city;
and I do solemnly declare that I have never, in any instance, heard one
solitary word which could, in its remotest sense, be construed into an
innuendo against the city of San Francisco. On all hands I have heard
the grateful thanks of thousands--and each night the prayers of rescued
hundreds ascend to Heaven for her greatness and prosperity. No, sir,
the heart of Sacramento is overwhelmed with gratitude; she feels that
she can never repay the generous bounty and God-like charity of the
citizens of San Francisco; and, although some of the newspapers here
may have indulged in a little harmless badinage against some of the
San Francisco delegation, still no word has ever been breathed against
the city of San Francisco by any inhabitant of Sacramento.
DROWNED.--A boat containg four soldiers from Camp Union upset near the
city cemetery on Tuesday afternoon. One of the number was drowned, the
other three being saved.
THE LEGISLATURE REMOVED FROM THE CAPITAL OF THE STATE.
EDITORS UNION: The removal of the present Legislature has no parallel
in the history of this State or in the history of civilization. It is
the grossest and most reckless attempt upon record to disregard the
wishes of a free people. From one end of the State to the other the
people and the press have spoken in unmistakable terms upon the duty
of the Legislature in regard to this question.
Almost an appalling visitation has occurred to our people. From the
remotest ends of the State to its center the visitations of a
Providential hand have been felt. So widespread has been the
desolation and destruction that no interest or locality has escaped.
To-day, as a consequence, the merchants of our cities are unable to
collect a single bill due them. The consumers of the State have want
staring them in the face, while production is nearly at an end. This
is a fearful picture, but is not overdrawn.
Here we have a condition of things which challenges and demands the
highest possible exercise of moral courage and physicial effort, for
not only does general distress pervade, but thousands and tens of
thousands of special cases of extreme suffering call for the attention
of those who are able to yield succor. For the eternal credit of
California and humanity be it known that this later class of demands
are meeting with a prompt, careful and responsive action. The whole
area from the foothills of the Coast Range to those of the Sierra
Nevada is inundated or nearly so. Not a valley has escaped the
infliction; the merchant, mechanic and agriculturist are alike the
victims. Our city, the Capital of the State, is not an exception to
this general spoliation by the elements. What was the plain duty of
the Legislature under circumstances like these? Was it to run like
cowards before the desolation, and to seek extreme comforts?--or was
it, like true men, their duty to set the example of self-reliance and
moral firmness to the people who are bowed down and discouraged by the
general devastation? These men are chosen under the assumption that they
are men of sense, above the average of their fellow citizens. Their
present conduct will make this Legislature remembered as the weakest of
all their predecessors, and as being unfit guides of public action. Most
of them have been chosen under the direct promise of faithfulness in
office and extreme regard for the public weal; but the people seem
destined to the most cruel disappointment.
Let us state the case of removal so that the plainest man may
understand it. The law and its solemn sanction has made Sacramento
the Capital of the State. The law requires the Governor and all the
State officers to reside and keep their offices at the Capital. There
was not in the Legislature a two-third vote in favor of removal; and
as it was feared that the Governor would not sign a bill, for that
purpose, the legislators proceeded to remove by a simple concurrent
resolution which does not require the approval of the Governor. The
Constitution makes the Legislative department of the Government to
consist of two houses and an executive, and to evade the Constitution
and thus violate it, a legislative Act is attempted in the shape of
a simple resolution.
The Supreme Court of this State have decided that the place where
legislation should be enacted was a material condition, and that it must
be done at the Capital. The scheme here again proposes evasion, by the
passage of a law at San Francisco declaring that place the temporary
Capital of the State. If the Supreme Court be right that the place
is essential to constitutional legislation then the Act which they
propose to pass will be null and void, because not passed at the Capital.
We have no doubt but that the legislation to be had at San Francisco will
be thus void and of no effect.
But the indecent haste with which the resolution for removal passed to
its miserable termination yesterday, was an outrage alike upon justice
and the rules provided to govern in the Assembly. The resolution to
remove passed the Assembly. One of the rules adopted in that body provides
that when a bill or resolution shall have passed, or shall have been
rejected, any member voting in the affirmative may give notice of
reconsideration on the next day. Mr. Barton of Sacramento gave the
notice, and it was duly recorded; whereupon Mr. Barstow, the Speaker
(Mr. Avery of Nevada in the chair) moved that the resolution be
immediately transmitted to the Senate. A question of order was made,
that as notice of reconsideration was given, the resolution must
necessarily remain in the House to abide the result of the motion.
The Chair, sustained by Barstow, overruled the question of order,
and an appeal was taken from the decision, when a message was announced
from the Senate that, that body had passed the identical resolution
upon which a question was pending in the Assembly! And then, as if
to deepen the disgrace of these proceedings, a motion was made to
adjourn; which was put and declared carried, while Mr. Bell was on
the floor discussing the question on the appeal from the decision of
the Chair.
In this matter, Barstow has proven himself unfitted to preside over
any deliberative body; and Avery has betrayed a narrowness and
incompetency discreditable to a member of the Legislature. A more
wanton and scandalous proceeding never took place in our State before.
The act itself, the manner of its consummation, and the effect of it,
will not soon be forgotten.
The people of the State are a generous people; the calamity which
afflicts Sacramento is felt everywhere. The legislative sanction
has been given to inflictions carrying ruin and despair to the hearths
and hearts of thousands. But, God be thanked, that the power that
creates can destroy--that the people are yet supreme over heartless
officeholders; and God be thanked, also, that the brave men of Sacramento
can and will rise above the desolation that surrounds them,
notwithstanding the cowardly acts of faithless public servants. ***
THE CAPITAL QUESTION.--Pursuant to adjournment, the Legislature will
assemble again at Sacramento to-day. Since last Monday a good deal
of rain has fallen, and Sacramento at the time of the present writing
may not be as comfortable for residence as could be wished; but its
citizens have been hard at work for the last four or five days, and
the streets leading to the State House have been made as passable as
circumstances would permit. If the place is at all habitable, it is
beyond question the duty of the Legislature to continue its session
there. Californians are neither dainty nor effeminate. They can put
up with greater discomforts than those caused by the overflow at the
Capital at present. We all know this too, that a week's fine weather
would set everything to rights again, and render a sojourn in Sacramento
for a couple of months a pleasure rather than a hardship.
If, however, it should be the opinion of the Legislature that
Sacramento, just now, at least, is uninhabitable, the alternative is
adjournment sine die. If necessity should require it, the Governor
can convene it again at an early day.
The floods have caused widespread ruin throughout the valleys of the
State. Sacramento has been a conspicuous sufferer. It may want to borrow
more money by-and-by for the purpose of repairing damages, and if the
Capital should be removed only temporarily, its credit would receive
a shock from which it would find it very difficult to recover. We
repeat, if there is to be any adjournment, let it be sine die.
Two or three days is all that is necessary for the perfection of
the legislation absolutely required, viz: the passage of a general
appropriation bill; the adoption of the constitutional amendments
proposed by the last Legislature; the assumption of the quota for
which California has been assessed for the support of the general
Government; and the ratification of whatever changes the people
of Sacramento may deem necessary in their charter. These Acts
passed, the Legislature can with safety adjourn till the Governor
sees fit to call them together again.
If such a course should be resolved upon--and it would be the most
judicious if Sacramento be not habitable at present--an Act should
at once be passed providing that in the event of an extra session
being called in the Spring no additional mileage should be allowed
members. In consequence of the destruction of property by the floods
it will be found very difficult to collect money enough this year
to support the State Government and meet the burdens imposed upon
us by the rebellion. Under such circumstances economy, of the most
rigid kind is absolutely necessary. To pay mileage a second time
to the Legislature would involve an expenditure for which we are
not prepared. The mileage already allowed would be sufficient to
defray the expense of traveling to and from the seat of Government
three times instead of only once.
In a period of such universal distress it would not look well if
members should take advantage of their position to get all the money
they can out of the State. If there ever was a time when office should
not be regarded as the spoils of partisan warfare it is the present.
By a most unprecedented visitation the people of California have been
reduced to dire distress, and under such circumstances they naturally
expect that those whom they have elected to look after their interests
will sink, as far as possible, personal considerations and labor for
the common weal.--San Francisco Alta, January 21st.
NO COURT.--There was no business transacted in the Police Court
yesterday, which was opened and adjourned until this morning, on
account of the weather.
THE FLOOD AT DOWNIEVILLE.--We have received papers from Downieville
to January 18th. The Democrat says:
The loss by last week's flood we cannot state. Ladd lost two stores
from Commercial street, and Purdy's building was seriously damaged.
Any quantity of outhouses, lumber and wood came out, and one or two
China houses, from the upper part of town. The abutments of the old
Durgan bridge, the gymnasium, two houses belonging to Wittgenstein and
the Democrat office went out from Nevada Street, together with
considerable property in the neighborhood. Everything was confusion,
and when we were taking out our printing material, before daylight on
Friday morning, a stout current of water had to be waded to reach dry
land. The street was full of furniture strewn in the mud, and a torrent
of rain fell all the time. Our building cost $1,000, and the damage and
loss by two removals from the two floods would scarcely be made even with
$400. What the other losses would be estimated we cannot tell, but they
were very considerable.
Snow slides are of daily occurrence. With a heavy fall, and rain soaking
the ground under it, the snow lets go the earth and rushes in great
avalanches over whatever is in its way. On the North Fork, between
town and Rattlesnake Canon no less than a dozen slides have occurred.
We expect soon to learn of another and destructive slide at the Buttes.
Beef cattle are very scarce. All the available beef is already hung up
in the markets, and the snow is too deep to bring cattle safely. Douglas,
of Forest City, started with thirty seven head from Sierra Valley, and
reached town last evening with thirty-two. He sold two, we believe, and
lost three.
The greatest trouble now is to get wood. The snow is deeper than ever
before in the town, and whole families are in want of wood.
The Citizen says:
The last rise in the rivers was greater than any before. Previous to
it, "an old inhabitant" was occasionally met, who would dispute with
you, if you declared the December flood the greatest since the settlement
of the State; but the last has put all such to silence. The loss of
property in and about Downieville has not been as great as by the other
freshet, but still has been considerable. Some fine dwellings and
outhouses have been swept away. We have no list of the sufferers, and
now can think of but a few: Messrs. Garnosett & Co., Keys, Ladd,
Forbes & Co., Downey, Williams, Vanclief, and many others.
Nicholas Kline, a native of Luxemberg, Germany, in attempting to cut
away some drift that had accumulated on the north of the Yuba, about
six miles above Downieville, fell into the river and drowned.
Dr. Kibbee says the rain fall at Downieville, for November and December
was 45.19 inches; for January, to the 16th, 22.42 inches. This is over
five feet and a half in two and a half months, which, he says, is several
inches more than has fallen in any one year since 1853. . . .
p. 4
RED DOG.--At this place, in Nevada county, the late rains did
considerable damage. The claims of Kane & Co. were injured to the
amount of two thousand dollars. . . .
Sacramento Daily Union, Volume 22, Number 3377, 24 January 1862. p. 2
NEWS OF THE MORNING.
The members and attaches of the Legislature left Sacramento yesterday,
with all the furniture and appointments appertaining to it, and took
passage for San Francisco. The removal of the Capital to that city will
be generally regarded through the State as uncalled for by the
circumstances of the case, and as being done for the personal comfort
of the members, a majority of whom do not appear to sympathize with
the misfortunes which have overtaken the people of the State. Their
motto appears to be--themselves first, their constituents afterwards.
The Governor has commissioned the following officers: Gilbert C. Smith,
Second Lieutenant, Company D, Fifth Infantry, California Volunteers;
Samuel Staddon, Second Lieutenant, Company H, Fifth Infantry, California
Volunteers; George Dutton, Second Lieutenant, Company K, Fifth Infantry,
California Volunteers.
The Citizens' Committee had a session yesterday, and organized. There is
great unanimity of feeling prevailing in the body, and the prospect is
encouraging for the early perfection of a plan for an efficient and
successful city government.
The water in the city fell yesterday about twelve inches. The Sacramento
remains about the same, and the American has fallen some. The latter river
furnishes a powerful current, which passes over the levee at Rabel's
tannery and scatters itself in the great plain of waters which fills the
Sacramento valley. The little steamer Gem, loaded with freight, was taken
through the break yesterday, against the will of its officers, and landed
in Dennis' peach orchard, about a quarter of a mile from the tannery and
towards the Agricultural Fair Grounds. It will be a work of some
difficulty to her off [sic].
The interior wall of the old Zins building, owned, and also occupied some
years since by Bininger, fell yesterday. It is the oldest brick building
in the city. Several persons were in the house at the time, but no one
was injured except a little girl, and she not seriously. . . .
We are without telegraphic intelligence from any portion of the State,
or from the East.
HOWARD ASSOCIATION.--The steamer chartered by J. C. Davis makes trips
to and beyond the Tule House, in Yolo county. The articles placed on
board by the Society were distributed in part to persans [sic] in real
distress, who were unable, from the continued inclemency of the weather,
to come into the city. On each trip supplies will be sent so as to reach
all in need in that direction. It is suggested that our retail merchants
could do a large business by sending out boats that would carry four or
five tons of small stores, and sell the same to the many persons who are
able to buy, but cannot reach any city or town. Any route from Sacramento
affords excellent opportunity, and it is urged upon those engaged in the
grocery business to supply this demand. The numbers at the Pavilion remain
as at yesterday's account. John Smith, from Sharp's Ranch, brought by
the Shubrick yesterday afternoon, died at noon yesterday at the Pavilion,
of typhoid pneumonia. He was in a moribund condition when received, and
every effort to save his life proved of no avail. He was buried at four
P. M. by Coroner Reeves. Deceased was from Ridgeville, Cook county,
Illinois, and leaves a family. Rev. Father Cassin administered the
rites of the Church to the dying, and as he finished the sufferer
expired. The scene was another of those impressive and touching
spectacles the members of the Society have so often been called to
witness. The women, children and men grouped about the couch of the
dying man, with heads uncovered, and a stranger far from home and
friends, passing away far from the troubles and cares of this troublous
and trying time.
Several more persons living in the line of the current from the break
in the American were taken out yesterday, as the houses began to settle
and move from the foundation. The tenacity with which families cling to
their homes and brave perils of winds and waves, is a curious circumstance.
Many will not be persuaded to budge until the house starts, and then move
with reluctance.
A Relief Committee of ladies at Petaluma--Mrs. Thomas Gilbert, Mrs. J. B.
Southard, Mrs. E. M. Matthews, Mrs. C. M. Baxter, Mrs. B. F. Cooper and
Mrs. N. O. Stafford--sent four hundred and eighty-four dollars in coin,
one thousand pounds of flour, and three cases of garments, a most welcome
and timely donation. The Howards appreciated it highly, as an evidence of
the cordial sympathy of the ladies and residents of so remote a place.
A large number of the active working members of the San Francisco Relief
Committee visited the Hall to-day, and several ladies, who were shown all
that pertained to the operations of the Society. It needs actual inspection
for any one to fully understand the work done, and the labor yet to be
performed.
A quantity of garments, ready made, were sent up by the San Francisco
Committee yesterday, and a draft for $1,000. S. P. Dewey & Sons also
sent a check for $200, and sundry persons at Mountain View, Santa Clara
county, $100. William Watt, Senator from Nevada, donated $50.
FROM SACRAMENTO.--We learn that when the boat left Sacramento yesterday
morning, the water, which had fallen slightly during the night, had
commenced rising again, and that the principal streets were submerged
to a depth of four or five feet, many of them. Much damage had been done
by this flood, from the fact that many frame houses, loosened or weakened
by the previous floods, were swept off by the present rise. One man
states that he counted sixty-nine such houses pass out through the breaks
of the levee into the Sacramento. The damage to merchandise is not so
great as heretofore.--Marysville Appeal, January 23d.
The Appeal must be more careful about its news. There was scarcely
any damage done by this flood in Sacramento, although inconvenience was
suffered. No houses, at any time, have gone into the Sacramento through
breaks of the levee. Instead of sixty-nine houses passing through at the
late flood, not a single one was moved by the waters. . . .
RAIN AND SNOW IN THE INTERIOR.--It was storming very hard in the
mountains, Jan. 21st. The snow on the summit of the Sierra Nevada was
from 10 to 15 feet deep. A warm rain followed, which had the effect of
producing the last flood which visited Sacramento and the valleys watered
by the American river.
A MISTAKE.--It is stated in the Solano Herald of January 18th, that
Jerome C. Davis, of Yolo, had been drowned while passing from his ranch
to Sacramento. This is a mistake, as he was recently in this city and
in good health.
CALAVERAS.--At Clay's Bar, near Campo Seco, the people are lacking
provisions, and there has been much loss of mining utensils from the flood,
THE CAUSES OF THE ADJOURNMENT.
In looking over the debate upon the resolution to adjourn from the
Capital to the Bay City, the reader will hardly fail to notice the
absence of all argument of a public character to justify the
extraordinary step. No member of the majority assumed that the
legislation demanded for the State could not be transacted in
Sacramento. But it was assumed that it would be more convenient for
members to do the legislation needed in San Francisco, because
Sacramento had been visited with floods which temporarily rendered
her streets impassable, except in boats. But the halls of the Senate
and Assembly were high above water, and so were the rooms of members
at the various hotels. No member was driven from his room by high
water, and no man suffered for food of a wholesome and, to a hungry
man, acceptable quality. Thousands of women and children are still
in the city, and submit with cheerfulness to the inconveniences and
want of personal comfort which have caused a majority of the members
of the Legislature to determine to ingloriously fly to San Francisco
in search of personal comforts. The act of adjournment to the Bay
reflects no credit upon those who voted for it. The votes thus cast
will stand recorded in the minds of the people, as so many outrages
upon justice, magnanimity and humanity. Constituents will hereafter
ask of their members, why did you vote to adjourn from Sacramento to
San Francisco? Was it impossible to transact business at the State
Capital? To the first question, those who voted to adjourn will be
forced to answer, "We voted for the resolution to adjourn, not because
the interests of the State required it, but because it would promote
our personal comfort and convenience, and because it would promote
the pecuniary interests of certain speculators in politics and real
estate in San Francisco." To the second question, they must answer,
"We cannot say that it would have been impossible to enact such laws
as the State needed in Sacramento, but it would have been very
inconvenient and uncomfortable for us. There was water in the streets
and in the hotels; we were compelled to live and take our meals up
stairs; our coffee and roast beef were not quite so good as we had been
furnished before the flood; it was very inconvenient to leave our rooms
to visit friends; there were no theaters or other places of amusement
in Sacramento for us to visit and enjoy ourselves; if we remained at
the Capital we should have been confined strictly to the work we were
sent here to do; the session, under such a state of things, could not
have lasted over a couple of months. And, therefore, we determined to
adjourn to San Francisco, where we can find all the creature
comforts--where theaters and amusements abound for our "enjoyment." Such
an answer would be an honest and a true one, but would it satisfy the
people of the State? We think not. They would instantly reply that all
this may be true, but the reasons advanced are personal--to the members.
They do not touch the public good; they do not apply to the interests of
the State; they do not show that relief will be furnished to those who
have lost their all by the floods, by an adjournment to San Francisco,
which will cost the State thousands of dollars. It will protract the
session several weeks; it will be days, if not, weeks, before the
members will fairly get to work, as much time must be necessarily spent
in fitting up suitable halls for the two branches.
This move to San Francisco will add to the length of the session and
to the legislative expenditures; these items will be charged up to the
Republicans as a party, and they will be held responsible. They were
elected under the cry of retrenchment and reform, and they have
commenced to retrench by spending nearly a month in organizing the
two bodies, and in getting through a resolution to adjourn to San
Francisco to promote the personal comfort of members. For a new party
in power, such retrenchment and reform, if energetically continued,
will be certain to earn it the determined condemnation of the people.
This unnecessary and expensive move to San Francisco under a new
Republican Administration, and with a controlling majority in one
house, and nearly so in the other, will be charged to the party and
it will be compelled to answer for it to the people of the State.
A CORRESPONDENT suggests that a temporary levee might be built on
L street as high as Eighth or Ninth, and then over to the I street
levee. It is true that such a levee would protect the business portion
of the city for the Winter, but the expense would exceed the benefit.
But nothing can be done until the water subsides, at any point. There
are persons in the city who think that a space including the business
portion of the city should be surrounded by a levee similar to the one
on I street, without reference to those which may be built on the
American and Sacramento. But the true policy, independent of all
levees, is for the business streets of the city to be raised to high
water mark, in process of time. Even the Hite grade is found to be
about a foot below high water. There is sand enough in the bar below
the mouth of the American to raise the streets to any hight. All that
would be necessary would be to rig a horse railroad, or one for a
locomotive.
THE GOVERNOR.--The impression prevails quite generally in the city that
Governor Stanford was not as efficient as he might have been in his
opposition to the scheme for adjourning to San Francisco. As Governor,
it is thought by many that he could have exercised an influence upon
the dominant party that would have prevented the consummation of the
unjust and impolitic move. He can certainly refuse to move the Executive
Office to San Francisco, and this we claim he is expected to do by the
people of the State. The other State officers are bound to remain in
Sacramento until the law is repealed which requires them to reside here.
It is not necessary for them to follow the Legislature; if that body
chooses to run away from the Capital, to promote the personal comfort
of its members, should they subsequently find they had business with
the State officers, let them seek said officers at the Capital, where
the law locates them.
STAGES NORTH.--All the stages went out of Marysville yesterday morning
for the first time for several days. They took the mails and express
matter. The Downieville and La Porte stages, however, were obliged
to return, on account of the impassability of the roads. The Appeal
says:
The mail matter for Oroville had so accumulated that it was
necessary to send two stages, one of which went on and the other
returned. The down mail from Oroville, which should have reached here
day before yesterday, was detained at the Honcut by the non-arrival
of the up stage, which should have connected at the creek with the
driver, who, after waiting some time, rigged up a temporary arrangement
and came down, taking the river road by Chandon's place. The Nevada
stage, which went out on Tuesday, was heard from yesterday at Empire
Ranch, having consumed one day in reaching that point.
LOS ANGELES.--The rains in this county have been of great benefit.
The gophers have nearly all been destroyed.
THE CAPITAL QUESTION.
The Stockton Independent, in an article upon the removal question,
of a character very illiberal for that paper, among other things said:
We may remark that the retaining of the State Capital is generally
looked upon as necessary to the solvency of Sacramento. If she lose
this advantage, repudiation, it is agreed upon all hands, becomes
inevitable. Hence, it is said by persons who know the secret, several
of the San Francisco papers which are at the beck and under the
influence of Sacramento bondholders, are violent in their denunciation
of all persons who write or speak in favor of a removal of the Capital.
These papers, on the surface, put the plea for Sacramento on the grounds
of magnanimity and sympathy for the afflicted, whilst in truth they are
the merest special agents for a few interested bondholders who see nothing
in all the calamities of our unfortunate sister city but the dollars which
they may lose if the Capital is removed. A member from San Francisco was
heard to remark just before the late adjournment, "You wait till we get
our bonds cashed and have our money back and we'll show you where the
Capital goes." If the UNION's proposition to secure another loan of
$200,000 from these bondholders succeeds, they will be a long time in
getting back their money.
To the foregoing the San Francisco Call, which is not
particularly favorable in its general tone to Sacramento as the
State Capital, replies in this manner:
The Independent is partly right and partly wrong, and as most
people abroad seem to labor under erroneous impressions regarding the
feelings of this community on the Capital question, we propose to state
the position of San Francisco exactly. There are in this city quite a
number of men who are anxious to have the Capital located here, for
various motives; there are here about an eqnal number of men who are
strongly opposed to removing the Capital from Sacramento. Of these
latter are those interested in Sacramento bonds and merchants having
business interests and creditors at Sacramento. The "mercantile papers,"
as they are called, who indorse the views of the latter, are averse to
moving the Capital here, because such a proceeding would greatly increase
their expenses, and perhaps render it more than ever impossible for them
to lay claim to the title of first class newspapers. As for seven-eighths
of the people of this city they care but little where the Capital is to
be located. They would not give a dollar to have it here, nor spend a
moment to keep it away. In their opinion the Capital should be located
with a view to the interests and convenience of the whole State, and not
for the purpose of benefiting this or that class of interested
speculators. San Francisco does not care one tenth part us much about
where the Capital is located as she does about the actions of those
whom the people send to the Capital.
The Independent and Call are unjust to the papers in
San Francisco which have opposed an adjournment to that city. They have
placed their opposition upon grounds far above personal and pecuniary
considerations, either to themselves, the mercantile community or
Sacramento bond-holders, but few of whom reside in the Bay City. Those
papers founded their opposition upon the fact that the Capital had been
fixed by law in Sacramento and appropriations to the amount of $150,000
made by the Legislature, with the complete acquiescence of the people of
the State; that the question had been fairly settled, and that if it had
not been, the idea of removing the Capital ought not for a moment to be
entertained while Sacramento was suffering from a fearful calamity which
has overwhelmed almost the entire State. They have also declared that
the business men and property owners in San Francisco, are not in favor
of having the Capital in that city, and that it is only a few speculators
and politicians who are agitating the subject. They have also argued with
force that the Legislature ought not to adjourn to that city because of
floods in Sacramento, as the Legislature, in justice to the latter, should
encourage her citizens by its presence, until it was demonstrated that it
was impossible to hold the session in the city. But a majority of the
members appear to have lacked the courage to battle with the elements,
as well as sympathy for those in distress, and ran from the flooded city
and its suffering inhabitants as if they were leaving the plague behind
them. Such dastaidly conduct will hereafter rise in judgment against
them. But the people of San Francisco have developed in their treatment
of the sufferers from Sacramento, as well as in their acts towards the
prostrate city, the noblest and most elevated traits in the human
character. In their charity, benevolence, humanity, and magnanimity,
they have illustrated Heaven's first law, and exhibited the bright lines
in the character of man as civilized and humanized by the pure spirit of
christian philosophy.
The UNION did not propose to have the city borrow $200,000 from her
bondholders, but it did suggest that said bondholders would insure the
certain payment of the debt due them, with interest, if they voluntarily
advanced to the city the sum needed to build such levees as would render
her position impregnable to all attacks by high water. This advance,
though, to be without interest, and to be paid in instalments, by a
special tax to be annually collected for a given number of years. This,
in our opinion, would be sound policy for the creditors of the city to
adopt.
A LEVEE SUGGESTED.
EDITORS UNION:--If I am only supported by the frail maxim "That a half
loaf is better than no bread," I will nevertheless make a suggestion if
you will allow me room to do so. It is to build a levy on the south side
of L street sufficiently high to protect the business part of the city
from water. The dirt may be dug from one half of the street and thrown
towards the side, and after the water subsides may be thrown back again
to its place. Let it extend up to 7th, 8th, or even 9th street, and along
that to I street levee, as the case may require. This may be done in a
day or two and will enable many a good man to earn a dollar or two. VOICE. . . .
FROM THE MARIPOSA COUNTRY.--Correspondence from Hornitos, January 15th,
to the Stockton Republican, gives the following particulars:
The Merced river was higher than ever known before, and the flood has
destroyed a vast amount of property, including the greatest portions of
two of Fremont's largest quartz mills; the celebrated Fremcnt dam; the
dam of Merced Falls Mining Company; Nelson's and Murray's bridges, and
a portion of Nelson's flouring mill. At Snellingville, the river broke
into a new channel, and destroyed the fine orchard of Judge Fitzhugh;
also the large hotel, stables and barns belonging to Mr. Hall. In the
hotel a great quantity of merchandise had been stored by teamsters from
your city, who could not cross the river, all of which has been lost.
McKean Buchanan, the actor, who stopped at the hotel with his company,
lost all of his baggage. He saved himself and some war implements, (a
sword and drum) on a tree. A great many valuable ranches and orchards
on the river banks have been totally destroyed, and much stock drowned.
As no goods reached this side of the river since the first rain, there
is a scarcity of provisions, especially flour and rice. Flour is packed
from here to Princeton and Agua Frio, and is selling there at from $15
to $20 per hundred pounds. Alviso flour was selling here yesterday at
$8 per hundred, and is held to-day at $10. Some of your enterprising
men can make a good speculation by sending up a boat load of flour and
provisions. A steamer can ascend the San Joaquin to the mouth of the
Merced with ease. This point is twenty-six miles from Hornitos, and a
good road.
WOOD.--Wood has not gone up in price as much as might be supposed,
considering how much of that corded on the banks of the rivers ready
for market must have been swept off by the floods. An article for
which a month or a year ago the purchaser by small quantities had
to pay thirteen dollars a cord, is furnished to-day at fourteen dollars
a cord.--Bulletin, January 22d. . . .
LOSSES AT KNIGHT'S FERRY.--A correspondent of the Stockton Independent,
writing from Knight's Ferry, January 16th, gives some further details in
relation to the damage done by the floods in the vicinity of the Stanislaus:
It is impossible to make anything like a correct estimate of the damages
resulting from the recent flood on the Stanislaus river. The destruction
of property has been immense the whole length of the river; every bridge
was swept away, and but two ferry boats were saved--one at Reynolds',
and one at Major Burney's Ferry. All the buildings on the south side of
Main street in Knight's Ferry, including the Stanislaus Mills (save a
portion of Palmer & Allen's fire proof store) were swept entirely away;
and all the wooden buildings bordering on the north side of Main street,
were also carried away, except Hill's store and dwelling house. All the
buildings remaining in the business portion of the town, are Hill's store,
Fisher's brick building, Metropolitan Hotel and Dent's block on the north
side of the plaza, Honigsburger's store, and H. Linstead's saloon. The
losses in Knight's Ferry are estimated as follows: Heatres, Magendie & Co.,
$25,000; Stanislaus River Ferry and Bridge Company, $25 000;
Palmer & Allen, $30,000; V. Mond, $5,000; Lodtman & Brother, $9,000;
T. W. Lane (loss of hall, etc., attached to the hotel), $2,500;
L. McGlaughlin, $3,000; W. E. Stewart, $800; Conner & Dakin, $1,500;
Mrs. N. B. Buddington, $3,000; Ensley & Co., $3,000; McLane & Co., $3,000;
Bartlett & Jameson, $1,000; French & Matthews, $1,000;
J. E. W. Coleman, $1,000; J. S. Coleman, M. D, $1,000; C. Mooney, $600;
J. Walker, $600; M. J. Dooly & Co., $5,000; J. C. Dent, $3,000.
On Friday last Protor, at Two Mile Bar, and Thomas Robbins, at Knight's
Ferry, were drowned.
OROVILLE.--The Marysville Appeal learns, owing to the interruption
of the freighting business to Oroville, provisions have become very scarce
in that town. Flour was almost entirely out of the market, and the stock
of potatoes was exhausted. The Defiance lately took up a load of
necessaries.
THE FLOOD IN THE SOUTHEAST.--We extract the following intelligence from
the Stockton Independent of January 21st:
Doust, the well known stage driver on Fisher's Mariposa line came into
Stockton yesterday, having left the Tuolumne river on Thursday morning
[01/16],
after satisfying himself of the impossibility of crossing to continue
his route eastward as far as Mariposa. He reports that the Tuolumne was
rising very fast at Osborn's [now Oakdale?] ferry, and that the people were fleeing to
the uplands to save their lives and working hard to rescue what they
could of their threatened property. The river had surrounded the house at
Osborn's, and the granary was twenty feet deep in water, owing to the
fact that the ground on which it stands had been so softened that the
weight of the grain pressed the building into the earth. The same heavy
weight keeps it from floating off. The house of Dallas on the Tuolumne
is gone. His family is now living in the barn. Dallas had thirty head
of horses before the 11th inst., of which he has saved but four. As far
down the valley of the Tuolumne as heard from the destruction of farming
property has been complete and unsparing. As far as Doust's personal
observation extended nearly all the farmers had lost their buildings
and there was not a sign of fencing anywhere visible. The whole country
between the Stanislaus and Tuolumne and along the valleys of those rivers
presents a naked, primitive appearance.
On Friday morning last Dry creek rose two feet higher than it had been
any previous time this Winter, and still it was raining with fearful
violence. At Burney's ferry, on the Stanislaus, the river has divided,
a new channel being formed, leaving Burney's house on an island with a
river on each side. Below Burney's was a tract of fine timber land
belonging to Alvin Fisher, and composed of very large, healthy oaks,
which the proprietor valued so highly that he had been religiously saving
and protecting them from the ax for years. All these were uprooted and
swept away by the rapid current of the Stanislaus, so that no sign of
the late lordly grove has been left. On the road between this city and
Burney's [Mariposa Road?]
are a great many "blind sloughs" and small creeks, all of which
in ordinary Winters are free from water. These Doust found to be now
swimming and with a very rapid current. He says from the great waves of
water which are rolling down over the plains from the Tuolumne and
Stanislaus it is probable that another rise would be experienced in
Stockton early this morning or perhaps before that time. . . .
STATE OF THE YUBA.--The Marysville Appeal of January 23rd says:
The effects of the rains of yesterday and day before was felt here by a
steady rise in the Yuba yesterday, which brought it to an aggregate rise
of two feet four and a half inches during the day, making it about
eighteen inches below the flood of December 9th, at nine o'clock last
night. The current in the stream is yet unslackened, showing that the
rise in the Feather has not been very great up to the time noted. The
slough on the A street side of the city backed up yesterday from the
Yuba, and by noon had again overflowed by Starr's mill, but not to any
considerable extent. How much more of a flood we shall have seems now
to depend altogether upon the amount of rain which has fallen in the
mountains. The rise for the hour ending at nine o'clock last night was
two inches--as great as any during the day. . . .
A Card.--We the undersigned, guests at Toll's Hotel, take this
method of returning thanks to A. C. JUDY and wife, for their kind and
hospitable entertainment during the adverse circumstances which surrounded
them, occasioned by the continued flood. January 23d, 1862.
C. W. KENDALL, | WM. SHATTUCK,
J. W. THOMPSON, | JAMES FARIS,
T. N. MACHIN, | SETH O. SNEDEN,
B. K. DAVIS, | JNO. H. DONOVAN,
C. E. WILCOXON, | WM S. CARLILE,
J. WILCOXSON, | JOHN SEDGWlCK,
GEO. A. GILLESPIE, | H. OTERSON.
jn 24 1t*
. . . .
p. 3
CITY INTELLIGENCE.
DISASTER TO THE STEAMER GEM.--The steamer Gem, Captain Page, started
from the levee at the usual hour yesterday morning, with forty tons
of freight and a number of passengers, for Patterson's station on the
American river. In consequence of the current being unusually rapid
and strong, her progress was slow. When she arrived at the crevasse
at Rabel's tannery, which opened the day before, she was carried
broadside through it and floated some three or four blocks in a
southwesterly direction towards the center of the city. The river
makes a short turn at this point, and the water, when high, comes
down with tremendous force. This was the first attempt of any boat
to pass the crevasse since it had attained any considerable width.
The force of the torrent was such as to render the motive power of
the boat nugatory, and she was carried several hundred feet before
touching ground. She then continued to float at intervals until she
arrived at the peach orchard of John Denn at Twenty-third and B streets,
about three blocks beyond Agricultural Park, with the apparent design
of speeding the Summer months in the rural districts. The Gem belongs
to the California Steam Navigation Company, and is considered their
best boat of her class. She is valued at $50,000. She is not thought
to be much injured, but the chances of getting her safely back into
the American, or forward into the Sacramento, are not thought very good.
As soon as the accident was known at the office of the Company, the
Governor Dana was dispatched to her relief, but failed to reach her.
She started down the Sacramento to go through the crevasse below R street,
and then come through one of the openings in the railroad, and go up
through the eastern portion of the city, to the locality of the stranded
boat, to tow her if possible into deep wator. On arriving at the crevasse
below R street it was deemed unsafe to attempt to go through, and the
project was abandoned. Several flat boats were then sent up to bring off
her freight. The passengers had all been taken off in boats as soon as
practicable after the accident. When the Gem was carried through the
crevasse the steamer Sam Soule was close behind her, loaded with freight,
also for Patterson. The Captain concluded that it was unsafe to attempt
to pursue the passage any further, and after rendering the Gem all aid
practicable, she returned to her berth at the levee. This accident is
greatly to be regretted, not only on account of the loss--temporary or
permanent--of the steamer, but because it will for the present break off
all regular and reliable communication with any portion of the country.
When the river falls below the natural banks, the boats may resume their
trips. Until then we shall have no communication with the country, except
through the medium of oar or sail.
FALLING WALLS AND NARROW ESCAPE.--At about six o'clock yesterday morning
the inside walls of the second floor at the Levee Saloon, on Front street,
above O, fell with a terrible crash, frightening badly, though injuring but
slightly, some twenty persons who occupied the building at the time. The
property is a portion of the Bininger House, aud was the first brick
building ever erected in the city. It was put up in 1849 by a German or
Swiss named George Zins, the brick having been burnt near Second and R
streets. It is said that Zins and his wife did the most of the work in
building the house--she making the mortar, carrying the hod, etc., while
he laid the brick. When the walls fell, the second floor was occupied by
several families, who were at the time asleep. They were precipitated
together promiscuously, but nobody was hurt except a little girl four
years old, in charge of Mrs. Reeser, who received an ugly gash on the
head. One or two Mexicans were pretty thoroughly buried up below the
rubbish, but they escaped through a window without injury.
CITIZENS' COMMITTEE.--We learn from this Committee that they met and
organized yesterday afternoon. J. F. Morse was appointed Chairman, and
A. K. Grim Secretary. An exchange of views showed that there was an almost
complete oneness in the opinions of the members as to what was needed
in order to reorganize our city into a healthier and sounder financial
condition. The Committee have fortunately been so far anticipated by
the forecast and good judgment of many of our business men that a bill
of incorporation will be probably completed at a much earlier period
than would have been possible under the circumstances. Upon
representations being made that Mr. Hopkins could not attend to the
duty assigned him at this time, L. B Harris was appointed in his place.
The Committee feel confident that a bill can be constructed which will,
if properly sustained by the citizens, not only pass the Legislature,
but that it will, with an inspiring certainty, conduct the interests
of the city into a haven of relief, of vigor and prosperity.
THE FLOOD.--The water in the city continued to rise during Wednesday
night [01/22] and until three o'clock yesterday morning. At that hour
it was five inches above that of December 9th, and within fifteen inches
of that of January 10th. From three o'clock it continued to fall through
the day, and had receded at eight o'clock last evening about twelve
inches. There is a strong current running through the eastern portion
of the city, from the crevasse at Rabel's, to the openings through the
R street railroad. A vast quantity of water of course comes into the
city through that channel. As the American is falling there is a
probability of some relief, but it is to be feared that we shall have
water over all our streets until the Sacramento also falls a foot or
two below its present hight.
EXPRESS TO FOLSOM.--During the past two weeks several steamers have
been running to Patterson's on the American and there connecting with
the cars for Folsom. Wells, Fargo & Co. have of course sent their express
by this line. In consequence of the disaster to the steamer Gem
yesterday--in having been carried through the crevasse at Rabel's--the
boats will for the present cease to run. Wells, Fargo & Co. give notice
that in consequence of this interruption in their arrangements they will
until further notice dispatch their express every morning at 6-1/2
o'clock by whale boat to Hull's ranch, and thence by wagon to the cars
at Brighton. The express will return from Brighton on the arrival of
the cars at that point.
SHIPPING ACCIDENT.--At about nine o'ciock on Wednesday evening a section
of a bridge--probably Norris'--floated down the Sacramento and struck
the steamer Gem, moored near the foot of M street. In order to save
the vessel, her lines were loosened, and bridge and steamer floated
together down to N street. Before they became disconnected, they ran
into one or two schooners, struck the Harbormaster's office, ran against
the city gauge and broke it partially off at the bottom, the entire
performance producing so much creaking and crashing as to arouse and
alarm everybody in the neighborhood. There was but little serious
damage done, however, and the Gem escaped the impending danger to
encounter misfortune in another shape the next morning. . . .
YESTERDAY.--As we were blessed with fine weather yesterday, a bright
sun, a clear sky and a cool breeze from the West, everybody appeared
to be in good spirits and seemed inclined to enjoy the day. The streets
were constantly crowded with boats, many of which contained ladies who
were out to take a survey of the town. Those who had business which
could be attended to worked with vigor and energy for its accomplishment. . . .
THE SHUBRICK.--The steam revenue cutter Shubrick, Capt. Pease, sailed
again yesterday morning for some of the sloughs below, in the service
of the Howard Benevolent Society. . . .
BOARD OF SUPERVISORS.
THURSDAY, January 23, 1862.
The Board met pursuant to adjournment. Present, President Shattuck, and
Supervisors Granger, Russell, Woods, Dickerson and Waterman.
Supervisor Russell, from the Special Committee to whom was referred
the proposition of B. F. Leet to build a bridge on K street across
Burns slough, reported verbally that the Board has no power to contract
for the same, as it would conflict with the rights of G. W. Colby.
J. G. Hyer appeared before the Board, not as counsel but as a citizen,
and advocated granting the franchise to B. F. Leet, as asked for. He
thought the public interest required a bridge across K street, and held
that granting the right to build to Leet would not in any manner
interfere with Colby's rights.
G. W. Colby appeared before the Board stating that he had, after
obtaining from the Board the right to build a bridge across the slough
on J street, purchased the necessary lumber for the same, and had
caused the same to be brought to this city. He should regard the
grant to Leet to build a bridge on K street as an infringement on
his privileges. If Mr. Leet choose to build the bridges, and would
take the lumber already here, at cost he could take the lumber and
construct the bridge. After considerable discussion, in which Supervisors
GRANGER, RUSSELL, WOODS and DICKERSON participated, Supervisor
RUUSELL [sic] submitted the contract made between the Committee and
G. W. Colby, and Colby's bond for the faithful fulfillment of the same.
Supervisor Woods moved that the contract be referred to the District
Attorney for his opinion as to its legality.
Supervisor GRANGER opposed the reference of the contract.
J. G. Hyer, in response to a question from the President, gave it as
his opinion that the contract in question was not a "legal contract"
in any sense of the word. Mr. Colby, he thought, would be at liberty
to either build the bridge or not, as his interest might dictate.
There was no condition therein expressed which could be enforced. There
had never, so far as he knew, ever been any thing recovered on any bond
in this State.
G. W. Colby stated that he was willing to give a bond in legal form,--for
the fulfillment of his contract, and would state further that the
contract under discussion was drawn up by D. J. Thomas, a member of
the bar, whose opinion was entitled to at least as much confidence as
that of Mr. Hyer.
On motion of Supervisor GRANGER the contract was referred to the District
Attorney for his opinion as to its validity.
Supervisor GRANGER then moved that the bond of G. W. Colby be approved.
Supervisor WOODS objected to the approval of the bond until the District
Attorney shall have reported upon the contract.
The vote being taken, the bond was approved. It is given in the penal
sum of $2,000, with Jared Irwin, H. A. Caulfield and H. Klays as sureties
for the faithful fulfillment of the contract made between him and the
Committee. . . .
The Board adjourned to ten o'clock A. M. to-morrow.
THE LATE STORM IN SONOMA.--The Santa Rosa Democrat of January 16th
has the annexed particulars of the flood in its locality:
During Wednesday and Thursday of last week the rain came down in torrents,
causing a great flood, which has probably done more damage than even the
great flood of '52. From every section of the State we have news of the
most terrible results. In Sonoma county, though comparatively less property
has been destroyed than in other portions of the State, yet we, too, have
suffered. On Thursday night, about midnight, the Santa Rosa creek began
to overrun its banks, and by two o'clock the town was completely submerged,
the water being in several of the streets about fifteen inches deep, and
flooding several buildings. It remained in this condition until about
daylight, when it commenced to recede, and by ten o'clock the streets
were free of water. Our greatest sufferers this time were persons residing
immediately on the banks of the creek. William H. Crowell, Deputy County
Clerk, sustained heavy damage by the caving and washing away of a large
portion of his land, together with fences, etc.; he estimates his loss
at $1,500. E. P. Colgan of the Santa Rosa House, was damaged in the
neighborhood of $1,000, by loss of stock, land, fences, and a beautifully
cultivated garden, that was entirely covered with sand from the creek,
and all the plants destroyed. John Ingram suffered a great deal, from
loss of fences and damage to his orchard. These are the principal
sufferers that we have heard of, though all persons residing along the
creek were damaged to some extent by loss of fences and stock. The Santa
Rosa bridge still holds on, notwithstanding the foundation at each end
is partly washed away. Almost every bridge in the county has been carried
off, and for four days we were entirely deprived of communication with
any section.
We are informed that the saw-mill of Caldwell, Levy & Witty, at the
mouth of "the canon," on Russian river, was swept away, and a great
amount of damage done all along the banks of the river.
At Sonoma we learn the old Court house, an adobe building, settled
down and fell to pieces. The upper story of the building was occupied
by the Odd Fellows and Sons of Temperance, as a lodge room, and the
ground floor by N. Kavanaugh, as a saloon. . . .
RELIEF IN SAN FRANCISCO.--Yesterday afternoon and evening, contributions
in clothing, provisions and cash were received at the Hall, swelling the
aggregate receipts of the day to nearly $3,000. Among them may be specially
mentioned the donation of $160 by the officers and crew of the
sloop-of-war St. Marys; $20 from Excelsior Division, S. of T.; $20 from
General Wright; $20.75 collected by E. Gillet; $20 from the California
Brewery; $20 W. H. and H. T.; and $783.75, being the net proceeds of
the recent benetit at the Metropolitan Theater. J. W. Brittan gave $150
worth of tin ware; Bragg, Rollinson & Co., a cask of hams; Hobbs,
Gilmore & Co., $50 worth of packing boxes; J. P. Hughes, 30 pairs of shoes;
F. K. Kast, 12 pairs; J. B. Roberts, 12 pairs; Stock & Co., $50 worth of
goods--while the bundles of clothing came in briskly--even Brooklyn,
Alameda county, contributing in this line. The surgeon of the St. Marys
and others of the medical profession profferred their gratuitous services.
An upper room in Music Hall was set aside for the ladies to do their
sewing in--a room well lighted and quiet, and far pleasanter for them
than they could be in the confusion and crowd of the great hall. They
had plenty of work and were urged to be back again today, as there is
no limit to the need of their services.--Bulletin, Jan. 22d.
LOST SHEEP.--One Doner, of Solano county, lost recently a flock of sheep
numbering eight hundred.
GONE.--The Legislature--members, attachees, desks, seats and
furniture--started for San Francisco yesterday on board the steamer
Chrysopolis. The steamer was more densely crowded than usual, although
all the boats which have left for San Francisco during the past two
weeks have been loaded down with passengers.
THE RIVER.--During Wednesday night the Sacramento river rose some three
or four inches, standing yesterday morning at about twenty-two feet, ten
inches above low water mark. At sunset the gauge indicated no perceptible
change. . . .
THE FLOOD IN BUTTE.--The Butte Record of January 18th thus speaks
of the operation of the waters upon the town of Oroville and vicinity:
In our last issue we mentioned that another flood was upon us, of
proportions surpassing that of December 9th, but it did not reach its
highest point until towards noon on Saturday, the 11th, when a greater
portion of the way from Myers street to the sawmill, Montgomery street,
was submerged to a depth, in many places, of two feet or more, causing
the hasty removal of families living upon the lower side of the street,
together with furniture and fixtures, and also the tools, machinery and
material from several workshops. Many of the buildings were fastened with
ropes stretched across the street and lashed to permanent objects on the
opposite side, thereby saving a large number which would have otherwise
been washed away. The angry waves played sad havoc at the sawmill, by
the washing away of lumber, the tumbling around of buildings and the
disarrangement of machinery, etc. Following down from the sawmill,
several stables and out houses were washed away--including two stables
situated on Myers street, one immediately in the rear of Faulkner & Co.'s
banking house, and the other opposite the hay barn and wagon shed of
the California Stage Company, on Huntoon street, departed with the
balance. And now we come to a point where the most real damage was
done--Chinatown, which has, in years past, withered and perished so
often at the hands of the devouring element--fire, and as often rebuilt,
was completely "sluiced out." Friday evening the waters commenced
perambulating the main street of the burgh, and above the roar of the
angry flood could be heard a din of voices, as discordant and
unintelligible as the confounded tongues at the tower of Babel.
Teams were brought into requisition, goods and merchandise (if such
truck will bear the name,) pigs and chickens, men and women,
in wild confusion, were hurried to places of safety; several almost
worthless buildings were floated off and others moved from their
foundations. But some of the almond-eyed, opium-smoking fraternity
suffered in a manner little expected by them. Their adobe buildings,
built fire proof, and which have heretofore successfully withstood the
ravages of that element, could not withstand the assaults of the other
element--water, but melted down before the flood as quickly as their
wooden neighbors would before a fire, leaving a huge pile of mud to
mark the site where they once stood, unscathed by the elements. The
telegraph wire was again carried away across the river, cutting off
all communication with the upper country.
Below here, at Kent's Ranch, the river overflowed its banks, and
caused considerable damage by sweeping away fences and washing away
the road, so that travel with teams in that direction is impossible.
Here, too, the telegraph line was broken--some of the trees and poles
upon which the wire rested having been carried away. The water gained
a hight of seventeen inches in Kent's house, being sixteen inches higher
than on the 9th of December. Farther down, near Onyet's Ranch, the road
is impassable, from encroachments of the river, consequently the stages
and all travel, which is but little, in the direction of Marysville, goes
by the Prairie House. The river, at this point, attained a hight at
least two feet higher than at the last great flood, but the destruction
of property has been far less. This last inundation has "played out" the
"oldest inhabitant;" it is the only flood he ever witnessed,
LIBERAL.--A subscription for the relief of the Sacramento sufferers was
started at Grass Valley on Saturday, January 18th, and the sum of
thirteen hundred dollars was subscribed by three o'clock in the afternoon.
REMOVAL OF THE LEGISLATURE.--We do not know whether our legislators
can stand fire or not--they have not yet been tried; but that they
cannot stand water is a demonstrated fact; at least, they sputter
terribly because a little water impedes their locomotion between the
Capitol and their boarding houses, and a project is entered into, and
may have been executed before this time, to adjourn the Legislature
to San Francisco or some other place where water is scarce.
Grave savans! indulging in spread-eagle speeches, endeavoring to
create an excuse for going to the Bay City on a pleasure excursion
at the people's expense, appear to have forgotten that, while they
are suffering trifling inconveniences, a large portion of the tax-paying
citizens of the State and their families are suffering from the
destruction of their flocks and herds, their gardens and orchards,
and, in hundreds of cases, their homes and firesides, and with a future
looming up before them dark and gloomy. Under such circumstances, when
the people of our State are emerging from the terrible calamity just
visited upon them, they behold the hand to which they fondly look for
support in the hour of adversity raised to cast new burdens upon them!
and for what? For the personal convenience of a few men for a few days.
If the assembled wisdom of the State must abstract just so much money
from the treasury, with how much more propriety and less injustice might
they take the hundreds of thousands of dollars which a removal would
cost, and with it cause a levee to be built which would effectually
guard the city of Sacramento, and with it the Capitol, against inundation
in the future. But if money is not to be wrung from the treasury, the
ends of justice would be much more correctly meted out by ceasing the
clamor for removal and transacting the legitimate business for which
they were assembled, using the personal inconveniences as an incentive
to the constant and strict attention to business, thereby rendering
the session a short one--as it should be--and the expenditures
correspondingly light.
We have, as yet, failed to see even the shadow of a just reason given
for the removal. Wise Senators rise in their places and declare, in
substance, that "their sympathies and those of their constituents are
with Sacramento; but justice to themselves demands them to reluctantly
vote for a removal." Why vote reluctantly? Do Senators vote reluctantly
for measures founded in justice? Certainly not. But when a measure
placing personal convenience above public good is supported, well may
reluctance be proclaimed. The present, when our country is convulsed
with war, and our State suffering from the elements, is certainly not
an appropriate time for our rulers to grasp after the pleasures and
comforts of life, but rather a time for privation and sacrifice conducive
to the good of the public.--Butte Record. . . .
THE FLOOD IN CONTRA COSTA.--The Gazette [Martinez] of January 18th
thus speaks of the flood in its vicinity:
The water began to rise at this place in the early part of the night
of the 11th, but did not reach its highest point until about half-past
six in the morning. At this time the whole valley was under water, and
a fearful torrent was running through the street. Over the raised
sidewalks it came, and into stores and dwellings heretofore thought
to be far above the reach of any flood at all likely to occur. A
building belonging to C. E. Wetmore was floated off from its foundation
and stranded. The warehouses at the landing, containing large quantities
of grain and goods of every description, were overflowed to the depth
of from three to six feet, and the damage thus caused falls with great
severity upon our farmers, many of whom were hoping that through the
enhanced price of grain this season they would be relieved from the
embarrassments produced by the unremunerative toil of previous years.
Everything of a movable kind exposed to the fury of the flood has disappeared.
The damage in this place, as far as we can learn, is as follows: The
fence around the Fair Grounds nearly all gone; the seats, stalls,
outbuildings, etc., also. Loss from five hundred to one thousand dollars.
About fifteen thousand sacks of wheat were damaged in the warehouses,
besides a large quantity of hay and a lot of goods belonging to various
persons, the particulars of which we have not been able properly to
ascertain. Government loses four hundred cords of wood, washed away
from the landing; George Edgar, eighty-seven cords; Captain D. F. Marcy,
thirty-five cords; William T. Hendrick, one hundred cords, from below
flour mill. Horace G. Bagley, of this place, who was employed by John
G. Tilton, in taking care of a flock of sheep on the San Joaquin, a
mile above New York, is supposed to have been drowned on Saturday last.
His two companions left him in the house at about nine o'clock in the
morning, to go to the sheep, and on their return at two in the afternoon
he was gone, and also a small skiff which they had at that place. Eldridge
Loveland, aged about twenty years, was drowned in Tassajera Valley on
Thursday last, while attempting to ford a stream. Snow fell to the depth
of six inches last week at the coal mines. Enormous land slides have taken
place in the vicinity. The roads are more or less damaged by the storm,
that of the Black Diamond in particular is badly washed. A few days before
the floods of last week, Jacob Barnhisel was compelled to abandon his
wagon on account of the bad state of the road near the Fair Grounds. On
Thursday last, a house standing near by was floated from its location and
settled square on the wagon, the floor of the house giving way and admitting
the wagon inside--and there it is now.
LOSS IN SAN MATEO.--The San Jose Mercury is informed that within
three miles of Searsville no less than six sawmills have been swept away.
Simon Knight's house, about two miles from the former place, was
destroyed by a slide from the mountain, and one of his children killed.
Knight heard the coming avalanche, and with his wife caught up two of
his children and barely escaped with their lives. The third child, a
boy five or six years of age, jumped from the chamber window and started
to run, when he was crushed and buried by the earth. Every bridge between
Santa Clara and Pescadero has been swept away.
THE OVERFLOW IN STOCKTON.--The Independent of Jan. 21st says:
Now that the waters have receded, leaving the streets in the upper part
of the city comparatively dry, the effects of the overflow in the
destruction of property are more than ever visible. The actual damage
to our streets has been occasioned by the washing away of gravel and
the formation of deep cuts, principally at the intersections. Sidewalks
and fences, pieces of plank and empty barrels are scattered promiscuously,
occasionally gathered in piles where the strength of the current was
greatest and their passage impeded by bridges or buildings. On the Hunter
street and Weber Avenue bridge is lodged a piece of sidewalk upwards of
fifty feet in length, which is said to have floated down to its landing
place, a distance of several hundred yards. On many of the cross streets
not improved by graveling, a mixture of coarse sand and light gravel has
washed from the streets running diagonally, and accumulated in depth of
one to three feet. Weber Avenue, through its entire length, has suffered
most severely from the effects of the flood, on the south side there being
scarcely a foot walk remaining standing in its proper place. Months will
be required to set things properly to rights, replace the gravel, and
repair the damage occasioned to the city. The aggregate loss is, after
all, very trifling, and bears but a small comparison to the inconvenience
to public travel.
MAN MISSING.--A man named Barney Maguire, who has been recently in
Stockton, is supposed to have fallen overboard and been drowned. . . .
p. 4
HOW THE MOUNTAINS SLIDE.--Semblins says people who write pretty talk about
"mountain fastnesses," would get their eyes open and full of mud these
days, if they'd come picturesque-hunting amongst the mountain loosenesses.
The uncertainty of the "deep, deep blue sea," isn't a circumstance. If a
side hill doesn't like one township, it takes a slide, passes the line,
and lands the other side. The Tax Collector in Township Seven
missed fourteen Chinamen that way this week, and only three of them
killed--a live gain of $44 to the Collector in Township Nine, and a dead
loss of $56 to township Seven. The miners have ground-sluiced so long
about here that the ground's loose all around.--Sierra Democrat.
FALL IN STOCKTON.--A portion of the east wall of the brick store of
Charles Jones, saddler, on Main street, opposite the Court House, fell
January 20th. It was an old building.
Sacramento Daily Union, Volume 22, Number 3378, 25 January 1862, p. 1
. . . .
ROUTE OF THE MARIPOSA.--The Stockton Independent of January 20th says:
Gordon, who left Mariposa town on Wednesday morning with a horse express,
arrived at Stockton on Saturday night. He reports terrible scenes on the
route. At Snellingville a third of the town was washed away, including
the hotel and all the better buildings. Where the Snelling House stood
the main channel of the Merced river now runs. Chas. Bloodworth, a
resident at the Snelling House, had his safe, containing $2,000 in cash,
washed into the river and lost. All the bridges on the Merced river are
washed away. On the lower part of the stream, as far as heard from, all
the fences and many of the farmhouses are destroyed. At Mariposa town
the water rose much higher than it was ever seen by any of the Americans.
Bruce & Brothers lost their machine shop, valued at $2,000; the old
express building, valued at $1,200, Kerns & McDermott'a storehouse,
$900, and a large number of gardens, fences, etc., were all washed away.
Fisher, of the Stage Company, lost a lot of grain, washed from the stable,
which now hangs with one end partly suspended over the Merced river.
The stage horses were all saved. The stage roads along the Bear Valley
hill have both been washed away, and a great deal of labor will be
required to repair them. At Osborn's Ferry over the Tuolumne, the Stage
Company lost their grain and granary. The ferry boat and residence of
Osborn were saved. It will be several weeks, under most favorable
circumstances, before regular stage communication can be reumed between
this place and Mariposa. At Loving's bridge, over the Stanislaus, the
stage stables, grain and hay, were all saved, though the water came into
the stable. Gordon left this place yesterday with the mails and express
matter for Mariposa.
The town of Hornitos lost but one building; but had it not been for an
impromptu breakwater put up by some of the energetic citizens, the
whole village except a few houses on the hill side, had been washed
away. From the meager accounts collected by our informant as to the
country toward the head of the San Joaquin and around Tulare Lake, it
is conjectured that Visalia and the farmers in the Four Creek settlement
have been totally ruined.
FROM SAN JOSE.--L. H. Powell, of the old Overland Mail Company, came in
from San Jose yesterday morning, bringing the first mail which has come
in from that point for over a week. He left San Jose Sunday evening,
coming part of the way on horseback, and at one point packed the mail
five miles on his back. He stated that the Santa Clara Valley is all
under water, and that the road is in a worse condition than it has ever
been since 1849.when he commenced to travel it. At the first bridge this
side of San Jose, he found the boy who had been drowned at a point some
six miles above on Wednesday night last. There is no news from the
Visalia country, which is supposed to be all under water. A week ago
last Monday Powell was coming through from Gilroy with the mail, and
found three horses drowned in Jajas Creek. One of the horses has a
Spanish saddle, the other two had side saddles, and it was supposed
that a whole family had perished. He describes the whole route as
abounding in evidences of the ravages of the flood; fences swept away,
crops destroyed, cattle dead and roads washed away. One of the worst
points on the road was found near San Mateo, where a high ridge seems
to have been in a measure undermined, the horses breaking through at
every step.--San Francisco Call, January 22d.
CATTLE IN THE FOOT HILLS.--The loss of cattle in the foot hills has
not been near so great as it has been on and near the Sacramento
river. The Red Bluff Beacon says the grass in the foot hills,
on the head waters of Thomes', Elder and Red Bank creeks, is two weeks
in advance of the season in the valley. Stock is improving in that
section. . . .
LOSS IN MARYSVILLE.--The San Francisco Christian Advocate says:
Rev. G. R. Baker, a respected local preacher living in Marysville, has
lost his house, and all the improvements of his lately comfortable home,
by the flood, and the waters have made a deposit of some two feet of
sand on his land. . . .
p. 2
NEWS OF THE MORNING.
. . .
Governor Stanford left for San Francisco yesterday, following in the wake
of the members and attaches of the Legislature.
The UNION will continue to give full reports of Legislative proceedings,
as usual, having dispatched a corps of phonographic reporters to San
Francisco for that purpose.
Interesting communications on the subject of protecting the city will
be noticed in our columns. . . .
The water in the city fell yesterday ten inches, and the prospect is that
the business streets will soon be free from water. The Sacramento declined
about four inches, and the American is falling daily.
California Steam Navigation Company made an effort yesterday to move
the Gem from the place where it grounded on the day previous, but their
efforts were unsuccessful. The Company will send up the American today
two of its boats bound for Patterson, the water having fallen in the
river.
The opening in the levee at Rabel's tannery is about eight hundred feet wide.
At the Board of Supervisors, yesterday, a report was made by the District
Attorney, in which he states that the contract entered into with
G. W. Colby, for the erection of a bridge across the Slough, at the
head of J street, was valid. The applications of S. Norris, and Pearis
& Harris, for licenses to erect bridges on the American, were deferred
until February 3d. . . .
FOLLOWED SUIT.--We are informed that Governor Stanford left yesterday
for San Francisco, and that his furniture was seen headed in the same
direction. This would indicate that he has also abandoned the Capital
and followed the Legislature in its discreditable retreat to the Bay
City. The law requires the Governor and other State officers to reside
in Sacramento, where they certainly ought to remain until that law is
so far repealed as to enable them to leave legally. We do not like this
move of the Governor; it looks too much like a manifestation of the same
cowardly haste to leave a prostrated city, which was manifested by the
members of the Legislature. The reasons which induced his departure from
the Capital are not in our possession, and we are not able to advance any
which to our mind are a justification. He ought to have remained in the
Capital as long as there was a plank remaining. His example will probably
be followed by the other State officers.
NEWS FROM THE SAN JOAQUIN.--The Stockton Independent, of
January 22d, has the following intelligence from the upper San Joaquin:
Vanderburg, pony expressman, who came down last night on the Christina,
furnishes the following items: On the lower Merced--Forlorn Hope, six
miles below Snelling's, is all gone. Blair's, Eastman's, George Vivan's
and May's dwellings, on the west side of the San Joaquin, are all gone.
Graysonville Ferry, owned by Van Benschoten, is gone; Turner's house, in
the same neighborhood, is gone. Opposite the ferry were forty cattle
drowned in one place. Greenville's and Raft's houses, on the San
Joaquin, are gone. They lost all their stock. At Manley's ferry, the
house is three feet in water and the family living on the ferry boat.
Kennovan's barn is gone, and this gentleman also lost two hundred and
fifty head of sheep. Hamilton's house is under water. He lost two
hundred stands of bees and a horse. Temple's house is in a critical
condition.
On the lower Tuolumne, from La Grange downward, everything has been
swept away. A great deal of the loose stock has been drowned. On Sunday
night the Merced raised three feet. At Van Benschoten's Ferry the San
Joaquin yesterday was at the highest point it reached in in [sic] 1852.
The Stanislaus was at its highest point of this season yesterday, and
rising.
MORE FLOODING IN SAN JOAQUIN.--Our sister city, Stockton, has had some
more hard experience in the matter of floods. The Republican of
January 22d says:
The flood is over us again, and we have got all the water we can take
care of. Our principal difficulty this time seems to be from back water.
Parts of the city which have been previously overflowed have escaped a
serious visitation this time, the water not coming down with anything
like a rush. There was no rise of consequence in the part of the city
towards the mountains yesterday, but the rise in the opposite direction
was great--greater than was ever before known here. The western portion
of the city gets it the worst. At dark last night but a few inches would
have taken the water over the St. Charles bar-room and Colonel O'Neal's
residence. The rain was still falling last evening, and people looked
blue and discouraged. . . .
TO PROTECT THE CITY.
We have to-day another communication, suggesting a plan for protecting
the main portion of the city, which is worthy of consideration. The
writer, who is truly "a practical mechanic," submits a plan based
upon calculations and figures which appear reliable, practical and
not very expensive. His estimate for leveeing the fifty-four blocks
included within the boundaries he names is $79,200; from which he deducts
the cost of repairing the R street levee to Fourteenth street--leaving
the cost of the levee proposed, $53,000. The plan suggested for moving
the earth necessary to build the embankment is practicable, but in place
of hiring locomotives, the contractors would probably find it to their
interest to purchase such a locomotive and train of dirt cars as are
in use in San Francisco. With such an engine and train of cars a vast
amount of earth may be moved from the bar at the mouth of the American
river, and from other points on to the line of levee. The writer says
he would not insist upon the boundaries he names if good reasons are
offered for changing them. In consideration of the location of the
Agricultural Park Grounds, most persons would probably favor the
location of the east line of levee on Twenty-second instead of Fourteenth
street. We see no good reason either for not making use of the present
levee on the north side of the city as far as Twenty-second street.
Instead of fifty-four feet in width at the base, we would commence
by taking for a base the full width of a street, which is eighty feet,
and then raise the levee one foot higher than "A Practical Mechanic"
suggests. It should be elevated a given number of feet above high
water mark. Some think that three feet above the highest water on
the Sacramento would be amply sufficient, but five would be little
enough, and we would much prefer seeing the levee, say thirty feet
back from the river, raised at least seven feet above the highest
water line of this winter. On the American, the center of the wide
levee proposed should be elevated ten feet above the highest water
of 1862, if the object is to place the city in a perfectly protected
position. The same rule should be applied to any levee which may be
built on the east and south sides of a portion of the city as proposed.
Two weeks ago to-day we saw the water under the influence of a stiff
southeast wind, break over the top of the sections of the R street
levee left standing, to the depth of from one to three feet. So powerful
was the current running down, and the force of the waves driven up
by the wind, that most of the superstructure and iron rails of the
railroad were displaced. The conclusion, therefore, is legitimate
that, had the water been excluded from the city on the east side,
it would have been forced over the top of the R street levee during
the tremendous flood of the 10th and 11th of January. This fact
shows that the R street levee was neither high enough nor broad
enough.
But the plan proposed by "A Practical Mechanic," while it would protect
the business portion of the city, is open to serious objections. It
would leave the majority of the territory of the city unprotected,
and therefore it would be unjust to tax the property in the unprotected
section to build a levee to protect the favored portion. It would,
too, be selfish in the extreme, and in order to deal fairly, a special
law, taxing the property inside of the limits of the levee would have
to be passed, or the municipal territory of the city reduced to the
line of said levee. But even were this consummated, a serious obstacle
would still exist to the adoption of the plan. It is that it would be
impracticable with this plan to maintain land communication with the
country during a flood from the American river. The floods from that
river this Winter have demonstrated the folly of attempting to secure
a wagon road or a railroad from the city to the high land by building
it on an embankment, unless that river is mastered by a levee on its
south bank. A railroad or wagon road from the high ground east of the
city must be mainly built on trestle work, and not on embankments.
That kind of a structure is costly and perishable, and is always avoided,
if possible, by railroad and turnpike builders. Even with long lines of
trestle work, the embankments necessary would still form a barrier to
the floods of the American should they be permitted to break over east
of the city, which would tend to drive the water over any levee which
could be built. So far as we can see, any system of leveeing which may
be adopted must of necessity include one along the American from the
city to Brighton, and perhaps still higher up the river. A broad
levee along and near the river, raised in the center full ten feet
higher than any water the present generation has ever seen, would
secure to the city not only protection from the high water of the
river, but a broad and high thoroughfare to the high lands, which
could always be traveled by teams, stages, etc. A first rate road
would thus be insured which would always enable the city to maintain
her communications with the country. The levee, in this way, could be
made to answer a double purpose, and all necessity for building wagon
road embankments and bridges calculated to throw the floods into the
city would be done away with.
It could also be appropriated for railroad purposes, as it
unquestionably should be. It can be made sufficiently broad to
accommodate all the railroads which will ever enter Sacramento. An
arrangement can doubtless be made by the city authorities, under which
the Sacramento Valley Railroad would agree to bring their line of road
into the city on the north side and on the line of the levee. The
company is damaged very heavily by the floods; it is liable to similar
damage annually unless the American is securely leveed. The stockholders
of that road are, therefore, vitally interested in having such a levee
built, and in laying their track where it will not again be likely to be
so completely destroyed by high water. If it can be rendered safe anywhere
from the turbulent waters of the American it will be by laying the track
on the levee it is proposed to build. It can be made for the mutual
interest of all parties to have the railroad as well as carriage road
located on the levee to be erected on the south side of the river. The
consummation of such a plan would combine the interests of the city, the
railroad, the county, the swamp and overflowed land in District No. 1,
and last, though not least, the interests of the State, in building and
maintaining an immense levee on the south bank of the American. Whatever
may be determined upon as to an inside levee, as proposed by "A Practical
Mechanic," it seems to us that no scheme can prove successful for a
thorough protection of the city which does not include a levee up the
American, that may be used for a wagon road and for as many railroads
as may desire to enter the city.
HAS COME DOWN.--The Legislature, yesterday, after a stirring debate,
adjourned over to this city for the session. According to the report,
many of those opposed to the temporary removal were guilty of gross
violation of legislative decorum.--S. F. Call.
There is a slight mistake in the last sentence of the above. The
gross violation of legislative decorum was all on the other side. . . .
PROTECTION OF THE CITY.
EDITORS UNION: Allow me in your paper to make a few practical suggestions
in regard to a levee for our city. In order to bring me to the figures,
I will start at I and Front, from there to Sixth, thence to H, thence to
Seventh, thence to D, thence to Fourteenth, thence to R, thence to Front,
thence to the place of beginning, making 54 blocks in all. Now, suppose
we make a levee to average 9 feet high and 54 feet wide, or 3 yards high
and 18 wide, making on the section 54 yards. A block is say 134 yards long,
making say 7,250 cubic yards to a square. Now, estimate the cost at 25
cents per yard--a price at which, I think, it could easily be done,
including all incidentals--and we have a cost of say $1,800 per square.
Now, of these 54 squares there are, from Front and R to Sixth and H,
15 squares which would require but one-third of the above amount of
embankment, or 3 feet higher than it now is, by 54 feet wide, which
would make the total cost stands thus: 39 blocks, at $1,800 per block,
$70,200; 15 blocks, at $600 per block, $9,000; a total of $79,200. Now,
should the railroad succeed in coming in on R and Front
streets--notwithstanding the Board of Supervisors--of course it would
be necessary for them to come on trestle work from the Ridge to Fourteenth
street, and also to raise their grade to suit the above proposed hight
of embankment at that point. Then if they would--which I think they
should--make the levee from Fourteenth and R to Front and M, it would
further reduce the cost to the city to about $52,000. Now, Messrs. Editors,
I am not sure that I would advocate exactly the above line for a levee,
but it seems to me if we were to adopt about that length we could hire a
locomotive and train of dirt cars from the Railroad Company as soon as
they get their track repaired sufficiently to come in, and in a short
time bring from the Ridge or some other high ground, the earth to make
it. Such an embankment would satisfy the most skeptical on sight that
the water can be kept out, and while doing this I do not admit it
impracticable to maintain a levee up the American to high ground, but
it is too big a job I am afraid at present. It could be done, perhaps,
in three or five years, when we will have had time to unite our interests
with those of that part of the county which is overflowed by the same
water. After that, and the levee made to high ground, we would have two
lines of defense. As to the canal project, I am afraid of it. Suppose
a canal cut from the head of Burns' slough to Sutterville; the length
would be be little more than one-half the distance by the river;
consequently the water would run just that much swifter. Could that body
of water (which in times like the present would be immense, running as
it would) be controlled, or would it cut and shift its channel the same
as the river does now, and thereby cause trouble on both sides?
It seems to me what we want at this time is some mode of defense which
would be sure, cheap and quick. The first suggestions above, I think,
would meet these requirements, and nothing would be required for right
of way. Hoping these hurried suggestions will help to arrive at the
best plan, I close.
A PRACTICAL MECHANIC.
MATTERS ABOUT COLUMBIA.--A correspondent of the Bulletin,
writing from Columbia, January 23d, says:
People are beginning to look around for provisions, wood and camphene,
all of which are found to be growing very scarce. Flour was worth $20
per barrel last Friday, and I am informed that yesterday only one sack
could be bought at a time at $6 per sack. Camphene could be sold for $20
per can, if there were any in market. Potatoes are quoted at ten cents
a piece, and Starbeill & Turner find ready sale for stove wood at $2.50
per basket. There has been nothing done at mining for several weeks.
Main Gulch is full of water, and presents the appearance of a continuous
chain of lakes from the high flume on the Yankee Hill road to Springfield.
The ditches have suffered immensely, and it will take many weeks to repair
them after the rain is over, if a circumstance of that kind ever occurs.
The river at Abbey's Ferry rose to the eaves of the ferry house, carrying
everything before it. Wood's creek has been a river, washing away flumes,
wheels, whims and houses, besides all the bridges, so that the stage from
here to Sonora is stopped from making its usual trips. Main street has
been running from one to two feet deep, and it required the use of long
gum boots to navigate it. The brick buildings are nearly all leaking,
and some have been vacated for fear they will fall. . . .
[For the Union.]
THE CITY LEVEES.
MESSRS. EDITORS: There appears to be so much doubt and so great a
confusion of ideas among citizens who have large interests in Sacramento
as to the exact system and means that should be adopted for the future
permanent protection of the city against floods, that the fact appears
to have been forgotten that, under the law of the State, there is a Board
of Commissioners whose duty it is to cause surveys and estimates to be
made of the cost of the work of building levees, etc , who have authority
to condemn the land necessary, and who have the disbursement of the
money paid in by the purchasers of the land within the district of
which this city is a part. An examination of the maps, surveys and
reports of the engineers on file in the office of the Board of Swamp
Land Commissioners, shows that this city is included in District No. 2,
which is bounded on the north by the American river, on the west by the
Sacramento river, on the south by the Mokelumne river, and on the east
by Burton's slough and the high land west of the Cosumnes river; that
the surveys and estimates of the cost of levees, floodgates, etc., of
that portion of the district commencing at Sutterville, and extending
down the bank of the Sacramento and up the Mokelumne to the high land
north of Burton's slough, are finished, leaving to be completed the
survey and estimates of a levee from Sutterville up the Sacramento to
the American, and up the Amercan [sic] to the high land at Brighton.
In this district are 41,790 acres of swamp land which were the property
of the State, which, under the law, gives the Board of Commissioners
the control of $41,790 to be expended in reclaiming the district.
The engineer having originally acted upon the presumption that the
levee at Sutterville and the levees around this city were a sufficient
protection to the northern end of his district, commenced his survey
at Sutterville. The floods of the present Winter having demonstrated
that the principal work of reclamation must be performed on the bank
of the American, which is the natural boundary of the district, the
Engineer has made a supplemental report, advising the Board to extend
the levee from Sutterville up the Sacramento, and up the American,
to high land, and to place no dependence on any cross levee. If the
northern boundary of his district could have been at Sutterville, his
estimates show that there is sufficient money paid in by the purchasers of
the land and belonging to the district, to build the levees and complete
the reclamation from Sutterville south. Inasmuch as the city must now
be included, and as the city is on a grant which of course has paid no
money into the Swamp Land Fund, the money belonging to the district now
in the fund will not complete the work of building the levee from
Sutterville around the city to the high land at Brighton. Now as to
what should be done. Let the Swamp Land Commission go on with the work
they have in hand, (if they are not sound in their politics turn them out
and put in Republicans,) but let the work they have commenced go on as
soon as the water falls sufficiently. Mr. Leet, (the Engineer of the
District,) will be instructed by the Commissioners to complete the
survey, and make the estimates of the cost of a levee from the point
of his surveyed levee at Sutterville up the Sacramento, around the
city, and up the American to Brighton--a levee that shall be high
enough and wide enough to prevent the water from running over or
breaking through into the city.
Assuming that the cost of the additional levee will be $100,000, and
the estimates show that the cost of the levee from Sutterville south
will be $33,401.06, then the total cost for the district, including
this city, will be, say $134,000. The Commissioners can appropriate
toward this, under the law, $41,790. The Citizens' Committee have
remaining of their subscribed fund, say $40,000; the amount whatever
it may be should be paid into the treasury for the benefit of the
district. There would remain to be raised about $52,000, and this sum
should be raised in this manner: all of the land included in the
district will be protected and made valuable by this levee; consequently,
all of the land from Brighton, including the city and south of it to
the Mokelumne that is embraced within the district, should pay its
equal share in accordance with its value of this $52,000. If an Act
were passed by the Legislature authorizing the Board of Supervisors to
levy a tax on all land in the district, which tax in the aggregate
would equal this $52,000, or whatever amount will be necessary over
and above the sum now in the fund belonging to this district and the
sum held by the Citizens' Committee, there would be no reason why the
Swamp Land Commissioners could not, within thirty days after the surveys
are completed, let the contracts for building the levee, the contractors
to receive the money now in the fund and that held by the Citizens'
Committee when the work was completed, and the balance when the taxes
are paid next Autumn. Under the Swamp Land Law, as it stands, and with
the additional law to authorize the levying of a tax to be paid next
Autumn, there is no obstacle why the whole work could not be completed
by June next without raising at the present time one dollar more than
is now in the fund, and that in the hands of the Citizens' Committee.
Any other plan or system can only contemplate the appointment of agents
or Commissioners, the raising of money and building of levees--the
setting in motion of more machinery, at great expense, to do work which
is all now provided shall be done in a simple, inexpensive and expeditious
manner. R.
To the Board of Swamp Land Commissioners--Gentlemen: In accordance with
Section 4th of the law for the reclamation of the swamp lands, which
defines the duties of the Engineers, I herewith present you "A plat of
the Examination and Survey" of District No. 2, "showing the country
surveyed," and also the swamp land comprehended in my district. According
to the segregation of John Doherty, County Surveyor, also a profile
"exhibiting the levels of the country surveyed and showing the depth
and width of sloughs to be filled;" also an "Exhibit showing the average
depth of water in Winter and in Summer," and an "Exhibit showing the hight
and width of embankments necessary to prevent overflow." Also a particular
statement of each section and quarter section of swamp land in the said
district, together with an estimate of the total cost of the complete work
of permanent reclamation of said district as required by law.
The total length of levee required in my district Is 37 35-100 miles.
Of this distance the general elevation of the surface of ground for
about 53-100 miles is one-half foot below the surface of extreme high
water.
28-1/2 miles is about 1 foot below extreme high water.
4 miles is about 1-1/2 feet below extreme high water [elsewhere 3.9 miles].
1 13-100 miles is about 2 feet below extreme high water.
2 45-100 miles is about 3 feet below extreme high water.
3-10 mile is about 4 feet below extreme high water.
54-100 miles is 6 feet below extreme high water.
[= total 37.45 miles, or about .1 off, which would = if 3.9 miles above
were used]
I have fixed the grade for the proposed levee at about two feet above
extreme high water, and conforming the grade of levee to grade or slope
of rivers bounding my said District No. 2. the respectlve hights of
embankments necessary to prevent overflow become as follows, to wit:
2-1/2 feet for 53-100 miles,
3 feet for 28 50-100 miles,
3-1/2 feet for 3 9-10 miles,
4 feet for 1 13-100 miles,
5 feet for 2 45-100 miles,
6 feet for 30-100 miles,
8 feet for 54-100 miles--total 37 35-100 miles.
The total amount of earthwork required to make this levee is 267,976 [?]
cubic yards.
I estimate that to build this levee in the most thorough and careful
manner, where the elevation of the ground is well above the present
surface of water in the river, and the material to be moved a light
alluvial soil, with sand, as is the case, with the exception of
1 45-100 in the Mokelumne bottoms, from the mouth of the little
Snodgrass to the point where the south branch leaves the main Mokelumne
river, which said 1 45-100 is daily overflowed by high tide; will cost
for a levee:
2-1/2 feet high $375 00 per mile, 53-100 M. . . .$ 198.75
3 " " 500.00 " " 28 50-100 ". . . . 14,750.00
3-1/2 " " 635 00 " " 3 90-100 ". . . . 2,437.50
4 " " 781.25 " " 1 13-100 ". . . . 882.81
5 " " 1,162.50 " " 1 ". . . . 1,162.50
5 " " 3,750.00 " " 1 45-100 "* . . . 5,037.00
6 " " 1,625.00 " " 30-100 ". . . . 487.50
8 " " 2,750.00 " " 54-100 ". . . . 1,485.00
__________
Total cost of embankment $26,441.06
* Low tidal land.
By reference to the "Exhibit showing the hight of water in Winter and
in Summer," it will be seen that the water of the Snodgrass slough, at
the point where the line of levee (shown in red ink on plat) crosses it,
is the lowest drainage of the district, and the natural drainage for the
seepage water of the whole district to the north, west and east of it.
At this crossing a flood-gate will be required. I estimate--
Dam and flood-gate, ... $ 3,500.00
Engineering and contingencies ... 3,460.00
Cost of embankment, as above ... 26,441.06
__________
Total cost of complete work of permanent reclamation, ...$33,401.06
The segregation of swamp land in my district, as rereturned [sic] by John
Doherty, Esq., County Surveyor, amounts to 41,790 acres, which, at one
dollar per acre, would give this district an available capital of
$41,790 for the purpose of reclamation. Of this amount, 8,385 acres was
segregated by William J. Lewis, Esq., United States Deputy Surveyor, and
claimed for the United States; 41,790 less 8,385, leaves my district the
undisputed owner of 33,405 acres of swamp land, or an available capital
of $33,405 for the purpose of reclamation.
In addition to the above I may state that the Sutter grant, as at present
located, covers about 1,900 acres of swamp land in this district, and
inasmuch as that survey has been rejected and a new survey ordered, it
is possible that a relocation of said grant will leave the district in
full possession of that further amount of land, to wit: 1,900 acres--which,
together with the amount of land segregated and claimed on the Sacramento
river by Lewis for the United States Government, amounts to 10,285 acres,
of which there is little doubt that 8,385 acres will revert to the district,
and will constitute an ample fund for making any interior reclamation that
future developments may show to be necessary. So it may fairly be assumed
that the total cost of the complete works of permanent reclamation
is clearly within the aggregate of one dollar per acre for the swamp land
within this district.
The sources from which water flows in to flood this district are respectively
the Sacramento river, the
Mokelumne and Cosumnes rivers, and the rain water from the foot hills.
It is not proposed to divert any stream, as the Snodgrass slough has a
well defined channel, extending from the south boundary of this district
northward several miles; and, as the junction of the said Snodgrass and
Tyler sloughs is the lowest point in this district, and as low tide at
the mouth of the said Snodgrass slough is the lowest drainage of which
this district is susceptible, or admits--and it is believed that all of
the lakes and sloughs extending northward across the entire length of
this district can be connected by a series of canals of proper trades
or slopes, to drop all of the water from the foothills and all seepage
water from the northeast and west, to wit: from the Sacramento, Mokelumne
and Cosumnes rivers, into the channel of the Snodgrass and distribute it
through a floodgate into the Mokelumne river. This done, the most complete
reclamation of which this district is capable is accomplished.
I have commenced a topographical map in detail of my district on a scale
of ten chains per inch, on which every land owner's name, building, etc.,
will appear. The map will be seventeen feet long, and is in a good state
of forwardness.
In case the Commissioners adopt the plans hereby and with presented, or
any other not differing materially from these, then to let contracts in
this district. I can have the necessary duplicates for filing prepared
in three days, which the law requires to be filed with the County Clerk,
showing the estimated cost of levee on each landowner's front. I hereto
append a specification for building a levee.
Respectfully, B F. LEET, Engineer.
To the Board of Swamp Land Commissioners--Gentlemen: In the matter of
the northern or American river boundary of District No. 2, it has been
held to be safe to assume the southern boundary of the city of Sacramento
as a safe northern boundary of said district, for the reason that the
said city would in self-defense be compelled to oppose the necessary
protection to the periodical overflow of said river, but the recent
unusually high and disastrous floods that have swept over the country
have demonstrated that said city's protections on said American river
were insufficient to protect said city and said District No. 2 against
inundation from that source, and further, that said river overflows its
banks east of the high lands known as Oak or Poverty ridge and [? hole]
thereby floods said district. I therefore respectfully recommend that
your honorable body order a further survey or continuance of the survey
of said district, with a view to ascertain what is the natural and
necessary northern boundary for said district to maintain, as well as
what protection it is necessary to build and maintain against the
periodical floods of the said American river.
Respectfuily, B. F. LEET,
Engineer of District No. 2.
SACRAMENTO, January 8, 1862.
MATTERS ABOUT CACHEVILLE.--A correspondent of the UNION, writing from
Cacheville, January 22d, thus discourses about matters in that vicinity:
As this is emphatically a floody season, and as the floods here called
forth a deep and marked sensation throughout the State, it may perhaps
be of interest to some of your readers to learn something of the airy
doings of the old Storm King in our Cache Creek country. I learn from
reliable sources that many persons in your city are under the impression
that the waters of Cache creek, like those of almost every other stream
in the state, have completely deluged its farms far and near. This is
a mistake; and one, too, that has deterred many of our family acquaintances
in your city from seeking among us a safe retreat from the turbid waves
of California's muddy Nile. Whilst the Sacramento, with its now ocean-like
portentions, is sweeping all amain, our unpretending highland stream is
keeping quietly within its banks, and with one exception only has it this
Winter departed from its bounds, and then only for an hour, visiting one
or two farms with its squirrel-devouring element. The fact, however, of
Cache creek's keeping so submisively within bounds, is owing to a levee
formed by one bank of the Cacheville Agricultural Ditch, which runs
parallel with and immediately upon the bank of the creek. This ditch
forms a bank of some ten feet base and about five feet in hight,
securing at once to the farms upon the north side of the creek a
sure protection against the floods of Winter, and affording a sufficiency
of water to irrigate thousands of acres during Summer. Thus it will be
seen that our Cache creek country proper, so much deplored in the past
few years on account of its droughts, and causing many to turn from it
in despair to seek homes in the then more favored Sacramento valley, is
now verifying the trite saying, "that it is a long lane that has no
turn." Whilst the present rains promise to our farmers a rich reward in
the coming harvest, we cannot forget our neighbors in Sacramento city
and vicinity, whose sad misfortunes we fully appreciate, and in our
condolence would say, despair not. Our farmers have suffered much for
several years on account of drought, and consequently are illy
prepared to relieve the suffering districts pecuniarily, but such as
may come among us--though I speak for myself only--I am sure will
receive a hospitable welcome.
Snow fell in Cacheville and vicinity on the 5th instant seven inches
deep, and on the 15th instant two inches. In the latter instance the
flakes of snow falling were as large as the palm of your hand. Much
suffering is experienced among cattle, and it is supposed that not
one-half of the cattle running at large will survive the Winter. Our
stock men have been keeping their cattle in and about the tules during
the first Winter months, but the early overflow has forced them from
a watery grave, to seek it quite as surely in starvation upon the
hills.
Sloops cannot run to Yolo City, as reported to the UNION, but haul up
within about four miles of said city. M.
DROWNED.--James M. Scott, of Ione City, was drowned January 16th, while
attempting to cross Sutter Creek in a small boat in company with a man
named Hoyt and a Chinaman. The two latter succeeded in getting out.
Scott's body was not found.
TWO MEN DROWNED.--On Tuesday afternoon, January 21st, two men, named
Harry Roe and Frank Bally, were drowned near San Quentin. . . .
p. 3
CITY INTELLIGENCE.
DEPARTURE OF S. B. BELL.--There was considerable feeling manifested
yesterday in favor of S.B. Bell, Assemblyman from Alameda, on his
departure for San Francisco. His opposition in the Asssmbly to the
removal of the Capital has touched the hearts of our people, and calls
forth warm and earnest expressions of their gratitude. As he passsd
down K street in a boat to the steamer he was repeatedly cheered. After
his arrival and a few moments before th« steamer started, Dr. Powell,
on the landing, proposed "Three cheers for Assemblyman Bell of Alameda,
for his earnest and able opposition to the adjournment of the Legislature
to San Francisco." The proposition was heartily responded to by the
crowd, and Mr. Bell, who was on deck, came forward and responded briefly
to the compliment. He was grateful for their friendly expressions in
his behalf. He hoped yet, before the season was over, to meet them
again in Sacramento, and to engage once more in the work of legislation
within the walls of the Capitol as of yore. He had no especial claim to
their approbation, as he had done nothing more than the simple performance
of his duty as a member of the Assembly. At the close of his remarks
three more cheers were given for him, and three groans for "Frank Pixley
and his mule."
THE RABEL CREVASSE.--The crevasse at Rabel's, which on Wednesday, at
11 o'clock A. M., was about thirty feet, and at 3 o'clock P. M. a
hundred and fifty feet wide, is now about eight hundred feet in width
.and is said to be still extending, by the wearing away of the levees
Fortunately the American river is falling, and may possibly go below
the natural bank before many days. The quantity of water coming into
the city does not therefore increase in proportion to the growth of
the crevasse. We are informed that the water did not at first break
through the new portion of the levee, but through the old, close to its
junction with the new. The old levee was two feet lower than the new,
and had been impaired by gophers. The waves had at times been rolling
over the top of it, and at about 10 o'clock a.m. on Wednesday the first
break was made. Several men in trying to stop it came near being drowned.
As soon as the current was fairly started, the old levee on the west and
the new on the east commenced to wash away rapidly. About one-half of
the new portion is now gone, leaving the eastern end standing, which
protects all of Rabel's buildings. During the last year or two the main
current has been changing to the west, having shifted a hundred yards
within that time.
THE STEAMER GEM.--The steamer Gem still maintains her novel position
at Denn's ranch, and is doing "as well as could be expected under the
circumstances." She sits comfortable and firmly in the mud, and shows
no signs of having received the slightest injury by her extraordinary
trip through the Rabel crevasse. The water has fallen from around her
some ten or twelve inches, which renders it entirely impracticable to
remove her for the present. The Governor Dana went up the American
river yesterday morning for the purpose of making an effort to get the
Gem out of her dilemma. A line was gotten out from her, extending to
the river, but it was fouud that all effort at the present time must
prove fruitless. When the water falls so as to give an opportunity
to work around her, it is thought she may be floated by means of a
canal, or perhaps raised on ways and slid to the river.
SIXTH STREET METHODIST CHURCH.--There will be preaching to morrow at
eleven o'clock A, M , at the Sixth street Methodist church, by the
Rev. Mr. Peck. In a note from the pastor he says: "The undersigned,
pastor of the church, would address a few words to those who feel an
interest in its services. Appointed to the charge by authority which
I feel bound to respect, it is my intention to remain amongst you and
do what I can as a Christian minister in Sacramento. I feel the
embarrassments brought upon us by the flood, but I believe it to be
practicable to maintain at least one service each Sabbath. The church
is comfortable, and I ask you to come in boats so long as that is
the only way. Let us adopt this method promptly. Gentlemen and ladies
go out upon business or pleasure in boats, and it is fair to presume
that they can with equal ease find their way to the church." . . .
COLBY'S BRIDGE.--As the contract between G. W. Colby and the Board of
Supervisors has been made and approved for the erection of a bridge
on J street across Burns slough, and as the lumber for the same is
already in the city, it is to be hoped that the work will be pushed
forward as fast as possible as the water recedes. It is highly desirable
to have communication with the country established as early as possible.
The bridge is to be about one hundred and forty feet long and sixteen
feet wide. The lumber will be floated from the levee, near L street,
to the slough as fast as is practicable.
ABANDONED.--The prosecution of G. R. Hooker, who was arrested on a
charge of malicious mischief, in cutting the old levee at Rabel's some
ten days ago, has been abandoned and the charge dismissed. On an
examination of the circumstances of the case, the members of the
Committee of Safety were satisfied not only that no evil had been
designed, but that no injury had been done, and during the day on
which the arrest was made the Committee found it necessary to cut
away an additional portion of the levee adjoining that which Hooker
had removed. . . .
STATE PRINTER'S OFFICE REMOVED.--The type and other material of the
office of the State Printer was yesterday placed on board the steamer
for San Francisco. This officer is compelled of course, in order to
perform his work, to follow the Legislature. The presses put up in
this city by Foley & Co., on which to do the State work, have not yet
been removed, and will probably remain where they are. . . .
FOR PATTERSON AGAIN.--The steamers Sam Soule and Gov. Dana will both
leave the levee this morning with freight and passengers for Patterson,
for the purpose of connecting with the cars for Folsom. The American
river is falling gradually, and it is thought those steamers can pass
in safety the crevasse at the tannery. . . .
THE CONGREGATIONAL CHURCH.--There will be no service to-morrow at
Rev. Mr. Benton's Church, as the building is yet too damp to be used.
On and after the first Sunday of February, by leave of Providence,
regular services will be held morning and evening.
OUT OF PLACE.--A sucker about eight inches long was caught yesterday
afternoon in the office of the State Printer, in Read's Block. As fish
of his species are so rarely seen, and are so out of place about a
printing office, the event was one of general interest to the craft.
THE FLOOD.--The water in the city fell about ten inches yesterday,
and had receded so far as to make boating almost impracticable on J
street, and quite inconvenient in many places on K street.
THE DEFIANCE.--The steamer Defiance having left this city for Oroville
three or four days ago made the trip without difficulty, and is now
engaged in carrying freight from Marysville to that point. . . .
BOARD OF SUPERVISORS.
FRIDAY, January 24, 1861 [sic].
The Board met yesterday at ten o'clock a. m., pursuant to adjournment.
Present--President Shattuck and Supervisors Granger, Russell, Woods
and Waterman. . . .
A verbal report was received from District Attorney Upton, indorsing
the validity of the contract with G. W Colby for building a bridge
at J street, over Burns' slough. The report was received, and the
contract was thereupcn approved by the Board.
The matter of the petitions of S. Norris and Pearis & Harris were set
for the third Monday in February.
The Board then adjourned until the first Monday in February, at two
o'clock P. M.
UNDIGNIFIED HASTE.--The action of the Assembly in refusing to withhold
its adjourning resolution from transmission to the Senate, after a
member had given notice of a motion to reconsider, was rather undignified
and unfair, and in apparent contravention of a standing rule, which was
not even evaded decently, as it might have been, by a suspension.
Doubtless the notice of a motion to reconsider was given to gain a day's
time for Sacramento; but the right to give it was unquestionable, and
once given the adjourning resolution could not fairly be sent to the
Senate as the final action of the Assembly. The House was bound to go
below at the time set, and so it violated parliamentary usage in order
to be sure and get off. The case seems to have been one wherein one man
had a majority at an advantage, which could be overcome only by a coup
de main.--Marysville Appeal (Republican).
THE FLOOD AT IONE VALLEY.--The water in Ione city, at the time of the
late flood, was not over eighteen inches. " Martin's house" did not fall,
as was reported. Sutter Creek was, January 17th, still flowing over its
banks, though falling.
ENTERPRISE.--The SACRAMENTO UNION, in spite of all obstacles thrown
in the way by the flooding of that city, has not failed to print any
of its editions. Such enterprise deserves success.--Butte Record. . . .
FATAL ACCIDENT.--On Saturday evening, January 11th, a man named
B. F. Lockman, while engaged mining at Horsetown, was killed by the
caving of a bank upon him.
UPSET.--James Flannery, proprietor of the Ocean House on Front street,
and two companions in a boat were upset a few days since, six miles above
the city, while going to the relief of a family in distress. They saved
their lives, but received each a cold bath.
STABLES ON THE LEVEE.--Within the past week several frame stables have
been erected on the Front street levee. As it is necessarily occupied
by horses, they may as well be protected by buildings as exposed to the
storms.
TO SAN FRANCISCO.--Governor Stanford went to San Francisco yesterday.
Whether that city or this will be his place of residence for the balance
of the Winter we are not advised. . . .
THE CAPITAL QUESTION.--A number of the papers throughout the State are
still discussing the question of the removal of the State Capital. The
ink used up in writing upon this subject has been thrown away. Sacramento
will remain the seat of Government as long as California is a State.
She will rise Phoenix-like, not from the ashes, but from the floods,
and again assume her business and importance. The enterprise of her
inhabitants and her geographical position have given her advantages
which can never be forced to lie dormant from the mere effects of a
flood. A levee, substantial and safe will be built, and in fifteen
months from this time, she will be far ahead of what she would have
been had the high waters never affected her. The Legislature, on
constitutional grounds, wisely defeated the bill to remove the seat
of Government even temporarily to San Francisco.--Red Bluff Beacon.
HARD TIMES IN TRINITY.--The Douglas City Gazette has the following:
This is a high old place in which to publish a newspaper. No mails, no
SACRAMENTO UNIONS, no Trinity Journals--no nothing. Nobody gets
married, nobody dies--there is not even a mining item to fill up with.
Next week we shall commence printing the Old Testament, seriatim, which
we imagine will be something new to the most of our readers.
BRIDGE CARRIED AWAY.--A bridge over the Cottonwood, in Shasta county,
belonging to a man named Jackson, was lately carried away by the flood.
LOSS OF STOCK.--G. W. Trahern, in San Joaquin county, has lost two
thousand head of stock; Messrs. Miller, near him, have lost three thousand. . . .
Sacramento Daily Union, Volume 22, Number 3379, 27 January 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION]
SENATE
SAN FRANCISCO, January 24, 1862.
The Senate assembled at noon, to-day, in the old United States District
Court Room, Exchange Building, on Battery street, San Francisco, the
President pro tem. in the chair. . . .
REMOVAL OF STATE OFFICERS.
MR. CRANE rose to state that the Senate had recommitted to him on day
before yesterday, an Act fixing the temporary residence of State officers,
and repealing all laws in conflict therewith, for the purpose of making
amendments to meet several objections. He would now make his report in
the form of a bill, which he offered for their consideration. . . .
The SECRETARY then read Mr. Crane's bill, which provides, in the first
section, that the Governor, Secretary of State, Treasurer, Controller,
Adjutant General and Surveyor General, from and after the passage of the
Act until the first Mcnday in June next, shall reside and keep their
offices in the city of San Francisco, in such apartments as may be
provided; in the second section, that said officers shall return
thereafter and keep their offices in the city of Sacramento; in the
third section, that Samuel Soule and B. B. Hoffman be hereby appointed
a Commission to act in conjunction with the Controller and Treasurer,
to contract for and superintend the removal of the archives and necessary
furniture, with the proviso that such Commissioners shall receive no
compensation from the State for such services; and in the fourth section,
that all laws in conflict herewith be repealed; the Act to go into
immediate effect.
Mr. CRANE said it was extremely desirable that this bill should be put
upon its passege and finally disposed of, in order to transmit the result
to the Governor by the afternoon boat for Sacramento. He made a motion
to that effect.
Mr. DE LONG said he would have to object, until it had been ascertained
where the Senate would hold its session. He did not want them landed on
the wharf, and was also opposed to paying storage. It would not be
necessary for the Governor to come down here to sign a bill.
Mr. MERRITT thought there was no force in the remarks made by the gentleman
from Yuba.
Mr. PARKS moved to strike out the names of "Adjutant General and Surveyor
General."
Mr. OULTON saw no necessity for the State Treasurer to remove here.
Several Senators responded that it was more important to have him than
any of the rest.
Mr. PARKS said the Controller's office and Treasurer's office, in his
opinion, were inseparable, and should be convenient to each other--as
he could show, if necessary.
Mr. POWERS could see no necessity in keeping these offices until the
first of June. He hoped the Senate would not strike out the names, for
there was just as much occasion for their coming here as any of the rest
Mr. CRANE desired to waste as little time as possible in the consideration
of this bill. It seemed to him these officers might as well come down.
They had records which would be required casually in the course of
legislation, and if this building were procured for the use of the
Legislature and State officers, It would cost no more to have them than
if they were not here. There would be no additional rent. If, on the
contrary, rooms were engaged somewhere else, the case would be different.
Both these offices were material, particularly the Adjutant General.
He hoped the amendment would be laid aside.
Mr. DENVER said this was not the original bill, but rather a substitute
offered by the Senator from Alameda. It would be necessary to adopt it
as a substitute.
The PRESIDENT said it had been changed by adding the third and fourth
sections, which contained new matter. The original bill had been read
twice and committed to the Senator for amendment. The question would
now be to substitute the bill as reported.
The substitute was adopted.
Mr. PARKS urged his motion to strike out.
Mr. HOLDEN called for a division.
Mr. BAKER hoped the names of these officers would not be stricken out.
The PRESIDENT said the rules provided that the ayes and noes should
be taken as in Committee of the Whole. The question first was upon
striking out Adjutant General.
The motion was lost--ayes 14, noes 18. The Senate likewise refused to
strike out Surveyor General.
Mr. POWERS moved in the second section to strike out "first of June,"
and insert "first of August."
The amendment was lost.
Mr. HOLDEN suggested that the bill failed to provide who shall secure
these rooms, and moved to amend the third section so as to leave it to
a Commission hereafter to be appointed.
Mr. CRANE accepted the amendment.
Mr. SOULE moved to amend the same section by adding also the Secretary
of State, among the officers in conjunction with whom the Commissioners
were to act. All the amendments were approved, and the question came up
on the suspension of the rules for the third reading.
Mr. DE LONG objected to the suspension of the rules.
The PRESIDENT said its final reading in that case must be deferred to
to-morrow, unless two-thirds of the Senate voted to the contrary.
The rules were suspended by a vote of ayes 23 [?], noes 6,
The SECRETARY read the bill for the third time by its title, and it
was passed--ayes 24, noes not counted.
PLACE OF MEETING.
Mr. POWERS, from the Committee to whom was intrusted the removal of
the furniture of the Legislature, and the procuring of suitable
apartments, respectfully reported that they had examined various
localities suitable for the purpose in view, but were unable to
fully decide at the present time which it was best to cccupy; in
the meantime they had procured the use of the second floor of this
building free of charge, until they should finally determine. The
Committee asked an extension of their time until eleven o'clock
to-morrow.
The report was accepted and the additional time granted. . . .
Mr. IRWIN moved to adjourn until to-morrow at eleven o'clock.
Mr. CRANE said the bill just passed had gone to the other House, and
favored remaining in session until they had heard from the other House.
Mr. IRWIN saw no reason for the Senate to wait; the bill had no right
to go to the other House until engrossed.
The PRESIDENT said there was no question before the Senate whereupon
the motion to adjourn till tomorrow was renewed and carried.
ASSEMBLY.
SAN FRANCISCO, January 24, 1862.
The House was called to order at 12 o'clock by the SPEAKER, in the old
United States Circuit Court room, Exchange Buildings, Battery street.
The chairs of the members had not been brought in, but chairs were
provided, and the members were seated irregularly about the room,
inside the bar of the Court room. There was a large crowd of spectators
on the opposite side of the bar. . . .
THE REMOVAL.
Mr. HOFFMAN--I have a report to make from a Select Committee, and I
will have to report verbally as to the duty of the Joint Committee in
relation to selecting a building to meet in in San Francisco. We have
not been able after a pretty thorough examination of several dfferent
places this morning to decide upon the place to meet in, and we ask
further time to make that decision, and render a proper report to the
House. I would ask till to-morrow at 11 o'clock.
Mr. AMES--I second the motion.
Mr. BATTLES--I was going to move that further time be granted until
to-morrow at 11 o'olock.to report--
Mr. AMES--I move to amend by inserting 7 o'clock this evening.
Mr. BATTLES--The Committee only ask time till 11 o'clock to-morrow, and
I think it is short time enough, as they only arrived down here last
night. It is quite as short a time as I supposed would be asked, and
I hope it will be granted. I do not accept the amendment.
Mr. AMES--I withdraw it.
The motion to grant further time till 11 o'clock A. M.. to-morrow was carried. . . .
THE PLACE OF MEETING.
Mr. SHANNON (continuing his remarks) said: But I did not rise so much for
the purpose of calling the attention of the House to this particular
matter to-day. as I did for another purpose, and it is this: The Joint
Committee appointed by both Houses to select a room to meet in have not
accomplished the purposes for which they were appointed, and have asked
for further time. I am assured indirectly that they contemplate taking
this present building, and that they are desirous of having an opportunity
as soon as possible to meet and determine that matter, and if they select
this building to employ carpenters forthwith to arrange this room and the
room of the Senate, in order that this Home and the other branch of the
Legislature may tomorrow at eleven o'clock proceed to business. Therefore
I think we will accomplish more by adjourning now and giving the Committee
time than we can accomplish by any other means. I therefore move that this
House do now adjourn to meet in this place tomorrow at eleven o'clock.
Mr. FAY--I ask the gentleman to withdraw it for a moment.
Mr. SHANNON--I will withdraw it for an explanation from one of the
Committee, but will renew my motion as soon as he has explained.
Mr. FAY--I desire to have the resolution for adjournment read,
so that the power of the Committee may be distinctly understood.
The Committee desire to understand whether we have power or not to
make a comtract directly to engage the building and put it in complete
order. . .
The SPEAKER--The resolution is not here, but that power was embraced in
the resolution. The Chair is distinct in his recollection of that.
Mr. SHANNON--I think the Committee have that power.
Mr. CUNNARD--I believe it is not the understanding of this House that
the Committee have power to enter into a contract. I believe the
understanding is that it is first to be submitted to a vote of the House
whether we shall take this or the other building. .
Mr. O'BRIEN--As one of the Committee, I think we have the power.
Mr. WRIGHT read from the SACRAMENTO UNION of Thursday, the resolution for
adjournment to San Francisco, as follows:
Resolved, by the Assembly, the Senate concurring, That this
Legislature, when it adjourns to-day, do adjourn until Friday, the 24th
day of January instant, to meet in the city of San Franclsco, 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 Assembly, to act with a like Committee to be appointed on the part
of the Senate, whose duty it shall be to procure and cause to be fitted
up proper apartments for this Legislature and the attaches thereof, and
shall remove thereto all the property and appurtenances belonging to this
Legislature; and that the members of the Assembly and Senate do meet on
said 24th instant, at 12 o'clock noon of that day, in the hall of the
building on Battery street, between Washington and Jackson streets, known
as the Exchange Buildings, from thence to be conducted by their respective
presiding officers to the apartments prepared for them.
Mr. CUNNARD--It seems to be a foregone conclusion that this is the house
which is to be had for the Legislature. I understand that it is to be had
only at the rate of $1,000 per month, and I also understand that that is
a larger rent than has been paid for it heretofore. [Several voices,
"No, no!"] I also understand that we can get other buildings in this city
for nothing.
Mr. SHANNON--According to the resolution, the Committee have the power
to contract, and as they are gentlemen and men who are capable of
transacting business, I hope they will be allowed the courtesy of going
on and making their report.
The SPEAKER--The Chair will rule that the resolution embraces that power.
Mr. SHANNON renewed his motion to adjourn, which was carried, and
accordingly, at about 13 o'clock, the House adjourned.
SENATE.
SAN FRANCISCO, January 25, 1862.
The PRESIDENT called the Senate to order at eleven o'clock, and all the
members were recorded present excent Messrs. Vineyard, Thomas, Heacock
and Nixon. The minutes of Wednesday, the day of adjournment from
Sacramento, were read.
The PRESIDENT said the statement that several Senators had paired (on
the adjournment question) should be striken from the minutes, as true
parliamentary practice never recognized any such thing. It was merely
an excuse for not voting.
Mr. MERRITT said it had been the practice of the Senate. Several
others said it was customary to record the fact.
The PRESIDENT said if such had been the practice of the Senate and no
one objected thereto, the journal as read should stand approved.
Yesterday's minutes were also reod [sic] and approved.
REPORT ON PLACE OF MEETING..
Mr. PORTER, of the Select Comittee on procuring and fitting up
apartments for the use of the Legislature, submitted the following
majority report:
Mr. PRESIDENT: We, a majority of your Committee, appointed and authorized
to procure and cause to be fitted up proper apartments for this
Legislature and the attaches thereof, and to remove thereto all the
property and appurtenances thereunto belonging to the Legislature,
respectfully beg leave to report that they have visited and examined
the several places in this city where the Legislature could be convened,
and respectfully recommend the second story of the building now occupied
by this Legislature as the most safe and convenient location in the
city of San Francisco for the accommodation of this Legislature. The
apartments can be rented for one thousand dollars per month for the term.
Said apartments consist of Senate and Assembly chambers, of ample
dimensions for the accommodations of both branches; also two rooms
18-1/2x27; also twenty-one rooms 14x19, together wth commodious desks
for Speakers and Clerks; chairs, carpets and furniture for Committee
rooms; stoves, gas fixtures, water, etc.
The apartments are situated in a brick building, in a central location,
immediately in front of the Post Office, near the Express Office, and
city public and private libraries, and is in every respect well adapted
to the comfort and convenience of this Legislature, as well as the
dispatch of business. A majority of your Committee would further inform
you that they have been very generously tendered, by Mr. M. Hayes,
tae [sic] use of the building known as Hayes' Pavilion, and transit
for Legislators to and from the city, by railroad cars, free of charge.
But the said Pavilion being built entirely of wood, and situated remote
from the central part of the city and the conveniences necessary for
dispatch in legislation, a majority of your Committee deem it an
improper place to locate this Legislature; not only on account of
its remoteness from the city and deficiency of facilities for the
dispatch of business, but some days would be required to prepare
said building for the use of this Legislature. Whereas, the building
now occupied is in condition suitable for the continuance of business
without interruption. A majority of your Committee furthermore inform
you that in accordance with provisions of the resolution authorizing
them to remove the furniture and appurtenances of this Legislature
from Sacramento to this place, contracted with the California Steam
Navigation Company for the transmission of the same from the Capitol
in Sacramento to this place, for a sum not to exceed one thousand
dollars, which contract has been fulfilled and said furniture and
appurtenances are here at your disposal, excepting the portraits of
Generals Washington and Sutter, which are left at the Capital.
A majority of your Committee further report that they have made no
permanent arrangements, in consequence of a division of opinion
between members of your Committee as to the best locality. Your
Committee therefore await the instructions of the Senate and Assembly.
GEORGE K. PORTER,
Chairman.
D. B. HOFFMAN,
Chairman.
CALEB T. FAY
SAMUEL SOULE
MINORITY REPORT.
Mr. DE LONG--I have a minority report to offer. I will state that I did
not know that anything more than a verbal report would be made, and have
had very little time to draw up my report. In dissenting from the
majority report of your Committee, we wish briefly to state our
reasons. We have been offered for our use Hayes' Park building free
of charge for the session. That building is vastly larger than the
one now temporarily occupied, and in our opinion much better arranged
for our use, and for that of the State officers, if they should
remove to this place. All Cammittees could also there have the rooms
required by them in addition to this, the owner offers to run a train
of cars every ten minutes, from daylight until three o'clock A.M. each
day, from the Park to the city, for our accommodation, and free to all
the State officers and their attaches. He also offers to remove to the
Park all the furniture of the Legislature free of charge; to provide
safes of sufficient size and number to safely keep any and all archives
and documents; and further without expense to the State, in one day to
have the building fitted up and arranged as suggested by your Committee
for our reception.
It seems to us that it is better, and certainly far more economical,
for us to accept this offer than to keep the building now occupied at
a cost of one thousand dollars per month. It is urged as an objection
to Hayes Park building, and as a reason why we should remain in the
building temporarily provided, that the former is a wooden building,
and therefore more liable to be burned than the latter, which is of
brick. This we admit; but that building has arranged near its dome
tanks containing four thousand gallons of water, with which the
building can at any point be instantly deluged, and a fire, unless
too far advanced, easily extinguished; whilst the building now occupied,
by no means fire-proof, is, as we understand, otherwise insecure, having
been built upon piles years since, which are now in a decaying condition.
It is also urged as an objection to the Park building, that it is
remote and at an inconvenient distance from town. This inconvenlence
can be but little, with cars running to and from the place every ten
minutes, night and day; and such inconvenience, if it be any, we
consider far less than the inconvenience surrounding us in the building
now occupied, with its cramped chambers. And besides the inconvenience
of distance we consider far more than compensated by the quietude of
the place, as compared with the unceasing din surrounding our present
location, occasioned by the fact that it is surrounded on all sides by
paved streets, and being in the heart of the city is the center of
business.
For the following reasons, to wit: 1st. That it can be had free of
charge; 2d. That it is more commodious and better arranged; 3d. That
it is situated where there is far less noise; ard 4th. That is more
retired from lobby influence--we, a minority of your Committee,
recommend that the Hayes Park building be selected as the place in
which to hold the present session of the Legislature.
C. E. DE LONG, of the Senate,
THOS. O'BRIEN, of the Assembly.
PROPOSITION FROM MICHAEL HAYES.
To the Committee of the Senate and Assembly on Selecting
Proper Rooms for the Legislature of the State--Gentlemen:
I propose to give the use of my building, known as Hayes' Park Pavilion,
for the use of the Legislators and State officers, for the balance of
the present session, free of charge. I will also make any improvements
and alterations as may be required, and have the same ready for use in
twenty four hours notice. So as to insure perfect safety for the archives
of the State and Legislature I will either furnish fire-proof safes or
build fire-proof vaults, as your honorable body may direct. Each member
and attache of the Legislature and State officers will be furnished with
a free pass on the railroad. The cars will run every fifteen minutes
up to twelve o'clock P. M. Dimensions of the building are as follows,
viz: First floor--Main building is 120 feet by 120 feet; main hall is
80 feet by 120 feet; two rooms, 40 by 52-1/2 feet each, either of which
will be suitable for the Senate Chamber. Also three rooms suitable for
Sergeant-at-Arms, Paper Folders, and Post Office, etc. Second floor--two
rooms, 20 feet by 52-1/2 feet each, suitable for Treasurer, Secretary of
State and Controller, or other officers; also four rooms 15 feet by 15
feet each; two rooms 15-1/2 feet by 20 feet each; also a number of other
rooms suitable for Committee rooms, or other purposes. Third floor--one
large room 20 feet by 60 feet and one room 20 feet by 20 feet, suitable
for storerooms, etc. There are also attached to the building two large
water tanks, supplied from an artesian well, containing 4,000 gallons,
with connecting pipes throughout the entire building, with hose, etc.,
etc. I will also move the furniture, etc, of the Legislature on the cars
free of charge. All of which is respectfully submitted to your honorable
consideration.
MICHAEL HAYES, Proprietor.
Mr. DE LONG said he wished to make no fight, but leave the whole matter
to the Senate after stating his facts. He had no pride in the matter,
but it appeared to him as certainly better to go to Hayes' Park than to
remain here. In taking upon themselves the responsibility of removing
this Legislature from Sacramento to this city, they had incurred the
severe displeasure of various portions of the community, and it was now
the place of the Legislature to show no lack of a proper spirit of economy.
A sense of duty should call them to do that which is most economical,
upon all ocoasions when it was possible to get aloug as well. At Hayes'
Park the Legislature could get along quite as well and free of charge,
while here they would be obliged to pay one thousand dollars per month.
It was more economical, to say the least, and more commodious.
Mr. PORTER said the Committee had visited the apartments, and taken into
consideration all the facts connected therewith, and as far as economy
was concerned, had concluded that before getting to Hayes' Park, several
days would elapse, which. would cost the State more than the rent of
this building for several months. The statements handed to the Committee
yesterday morning, containing the terms of procuring Hayes' Park,
differed very much from those given by the gentleman from Yuba. There
was another very important consideration, at least it appeared so to
the Committee. This building contained rooms for the accommodation of
the various State officers, whereas the other had no accommodation, nor
space suitable for the purpose, at least as considered by the Committee.
And as they had incurred the displeasure, as mentioned by the gentleman
from Yuba, of various portions of this community, by coming down here,
he for one should dislike very much to place the various state offices
and the records of this State in an unsafe position. Before any suitable
place could be prepared, It was probable they would have done with their
legislative duties here.
Mr. DE LONG said as far as the question of delay was concerned, he would
reply that twemty-four hours delay must occur before they were properly
located in this building, and that was all they asked at the other place
to put the Legislature in running order.
Mr. PORTER said the Legislature could go on here without one minute's
interruption.
Mr. DE LONG said so they could there.
Mr. PORTER would state, if the gentleman did interrupt him, that
Mr. Parrott could arrange the galleries, and would do it free of expense,
in such a way as not to interrupt the Legislature at all.
Mr. DE LONG would not admit that they were any better off. If the
Legislature remained here, for the time being, they had to sit in a
room where they had no room to put their desks, and if they went to
Hayes' Park now, they could transact business just as well. They could
go there and set there. There were improvement to be made there, and so
there were here. The Legislature could meet in that building to-morrow,
without an hour a delay. As far as safety was concerned, in the first
place, the Legislature had with it no documents or archives but the
journals, or a few private papers in members' desks. For these they
could have safes carried to the building, so there could be no danger
from fire. It was a question yet to be decided whether the State officers
should be called here from Sacramento. His private opinion was, having
heard many members of the House express theirs, that the measure would
not pass that body. But, if it should pass, all the archives could be
properlv and safely secured in the manner indicated by Mr. Hayes, until
fire proof vaults could be built, which Mr. Hayes offered to do free of
charge. And as far as this building was concerned, Mr. Parrott offered
to do nothing more. It was brick, by no means fire proof, and originally
was built on piles. He would state at the same time that it made not the
least difference to him, he would as soon remain here as go there. But
the Senate was somewhat crowded and did find some fault. He thought
$1,000 a month was worth saving in a high flood.
Mr. CRANE did not believe, himself, in having these things free of
charge. The great State of California, with a taxable property worth
$150,000,000, ought to be able to pay for a place for its Legislature
to meet in. And, besides, the experience of the past had demonstrated
that these offers, gratuitously made to the State, had been the dearest
bargains they had made in the end. In Sacramento it was proposed to give
the Legislature a place to meet free of charge, until permanent quarters
could be found, and yet that Legislature had not even adjourned before
they were asked $12,000.
Mr. MERRITT--No, $7,500.
Mr. CRANE--No matter; it was a large sum. Mr. Hayes might not intend to
make a charge against the State; but for his own part, he would rather
make a bargain and pay for what the building was honestly worth to begin
with, and then know where they stood. The gentleman had stated that this
locality fronted on paved streets. The other Chamber was not so situated.
If the Senate would not sustain the majority report, or recommit it, or
adopt the minority report, what then? The same thing that had occurred
during the fore part of the week in Sacramento would have to be acted
over again. The Constitution provided that neither House should adjourn
for more than three days, nor to any other place than that in which they
may be sitting, without the concurrence of both branches. Now, they were
sitting in this house. But let the resolution go to the other house, where
there was a good deal more wind, and more wisdom, perhaps, than here God
knows what would become of it there. That would amount to four times as
much as the whole rent of the building. If he had had his own say so, he
believed he would have adjourned to Hayes' Park in the first place. He was
willing now to adopt the majority report.
Mr. VAN DYKE moved the report of the majority be adopted. He agreed with
the Senator from Alameda in reference to the question, that whenever a
proposition to furnish any thing gratuitously had been accepted, the
State had been the loser. It seemed to him one thousand dollars a month
would be a very small matter when they took into consideration another
removal to another part of the city. Here was another matter that had
not been noticed--the meeting of Committees in the evening. It was well
known that they must meet somewhere near where they assembled. It
appeared certainly inconvenient to come into town to get dinner, and
then go to Hayes' Park to transact Committee business, and then return
to town again. These objections must be apparent to every one who knows
the relative position of Hayes' Park and the business portion of San
Francisco. For one, he was decidedly in favor of remaining here. He
hoped the Legislature would oppose, as much as possible this migratory
spirit. No matter if they were compelled to submit to a few inconveniences.
This was a temporary movement. Let them go through with their business,
and adjourn.
The PRESIDENT said the report did not submit any action at all, but
merely submitted the question to the Senate.
Mr. DE LONG said if other Legislatures had not held people to their
bargains, they had neither acted wisely nor honestly, in his opinion.
The cars run every ten minutes. He was for economy. [Laughter.] He
would hold the Republicans right upon the rack. Economy and reform!
The Government must be taken out of the hands of the Democrats, who
had been hurrying them to ruin. We want reform and wise legislation.
Now give us a little dose of that, Messrs. Republicans. Save $1,000
a month right here, and you have that much more left in the treasury
when we adjourn. Economy and reform! Let us save $1,000 [Laughter]
Mr. GASKELL was perfectly satisfied with this building. It was roomy
and commodious. As far as the matter of economy was concerned, he
believed there was a hereafter yet pending should that proposition
be accepted. He believd in making our contracts so that they could be
understood, and paying for what they got. He did not come down here to
rely on the charities of San Francisco, but to work, and be under
obligations to no one. He thought the present was a good offer. There
was something behind the scenes, he thought, in the other movement
Mr. PORTER desired to say that the Committee did "recommend" the
renting of this building.
Mr. DE LONG moved to refer the report back, with instructions to secure
Hayes' Park.
Mr. De Long's amendment in favor of Hayes' Park was rejected by the
following test vote, the majority report, being then unanimously adopted.
Ayes--Bogart, Denver, De Long, Doll, Gallagher, Holden, Irwin, Lewis,
Merritt, Qulnt, Shurtleff, Williamson--12.
Noes--Baker, Banks, Burnell, Chambelain, Crane, Gaskell, Harvey, Harriman,
Hathaway, Hill, Kimball, Kutz, Oalton, Parks, Pacheco, Perkins, Porter,
Powers, Rhodes, Soule, Van Dyke, Warmcastle--22.
BOAT HIRE.
Mr. IRWIN, on behalf of the Sergeant-at-arms, presented the bills of
G. W. Hume, $30; M. B. Kendall, $30; and A. Mclntosh, $30, for boat hire
at Sacramento.
A MEMBER moved to refer It to the Committee on Commerce and
Navigation. [Laughter.]
They were referred to the Committee on Claims.
SEATS IN THE SENATE CHAMBER.
Mr. POWERS offered the following:
Resolved, That immediately upon the
arrangement of the desks in the Senate Chamber, the Sergeant-at-Arms
shall proceed to number them and assign to Senators by lot. It was
adopted. . . .
The Senate than adjourned to Monday at eleven o'clock.
ASSEMBLY.
SATURDAY, Jan 25, 1862.
The House was called to order at eleven o'clock by the Speaker. The
following members failed to respond to the roll call: . . .
THE PLACE OF MEETING,
Mr. HOFFMAN--The Committee on the part of the House, on the subject of
the removal of the Legislature, is prepared to report in regard to a
place of meeting in San Francisco, and I will ask leave to read the
report myself, as I am somewhat in the condition of the officer who
read his own communication upon the motion of the gentleman from Plumas.
The SPEAKER--Leave is granted, there being no objection.
Mr HOFFMAN read the majority report, for which see report of Senate
proceedings.
Mr. O'BRIEN--I ask that the House allow that report to lay on the
table temporarily for a few minutes. until I can get the minority
report, which is to be submitted in the Senate. We intended to
prepare a report for each House but were unable to do so for want
of time.
The SPEAKER--It can be laid over by unanimous consent without a
motion. The Chair hears no objection. . . .
THE PLACE OF MEETING AGAIN.
Mr. O'BRIEN submttted the minority report of the Joint Committee in
relation to the place of meeting recommending the meeting of the
Legislature at Hayes' Park during the balance of the session. The
report appears in the report of the Senate proceedings. The proposition
of Mr. Hayes was also read as a part of the report.
Mr. O'BRIEN--I move the adoption of the minority report.
The SPEAKER--Do you move it as an amendment ?
Mr. O'BRIEN--No, sir.
Mr. FAY--The gentleman from Calaveras and myself were both upon this
Committee, have both visited the various buildings offered, but unlike
him I have ccme to the conclusion that of all the rooms offered these
which we now occupy are the best. We are here now, and can continue our
labors without interruption. There is no occassion for our adjournment
for a single moment. All the improvements to be made can be made without
disturbing the Legislature at all in their deliberations, and probably
all the improvements necessary can be made between now and Monday next
at eleven o'clock A. M. Therefore if we stay here we save the expense
of the loss of even one day.which, at the rate of fifteen hundred dollars
a day which the Legislature costs the State, is quite a consideration.
The loss of one day would cost as as much as would pay the rent here a
month and a half; and with all due deferenoe to the opinion expressed
in that minority report, I undertake to say that any gentleman
investigating the thing thoroughly will come to the conclusion that
Hayes' Pavilion cannot be put in proper condition in one, two, or even
three days. Desks must be built there for the Speaker, the Clerks, etc.;
furniture must be removed and arranged, and a thousand conveniences must
be provided which we now have right here at hand. It certainly must, I
think, occupy a longer time than is specified in that minority report.
Again, there is the time spent in traveling to and fro between there and
the city. Even though the passage be free, the expense of time would be,
in my opinion more than $10,000--the absolute loss of time expended by the
Legislature in traveling, That also is quite a consideration. Though I am
as much in favor of rigid economy in every respect as the gentlemen
composing the minority, still I must adhere to the opinion that this
is the place in preference to all others. It is central as to libraries,
and everything else desirable for the dispatch of business. There is
another point that I wish to urge, and it is an important one. I am
inclined to think that my friend from Calaveras (Mr O'Brien) who has
steadily voted in favor of retaining the Legislature at Sacramento, and
in opposition to the removal to San Francisco---I am afraid at least that
he has fallen into an undercurrent which he little thinks of. I am afraid
that this attempt at removal to Hayes' Pavilion is the first step towards
the idea of a permanent location of the Capital in San Francisco, and
I say here, as I said at Sacramento, that the majority of the people
of San Francisco do not desire that thing--that we have come here simply
as a temporary place of rsort [?], as the result of positive necessity.
And I shall oppose any attempt to legislate in any direction that will
give permanency to the location of the Capital here. Upon that ground
alone I would oppose the removal to Hayes' Park. The proposition of
Mr. Hayes is a very liberal one, but think of it; what inducement can
there be for Mr. Hayes to give his pavilion free and transport members
free, simply for the little benefit which would result to the railroad
for a month or two. If we were going to select a location for a
permanent Capital, that would be a beautiful spot, there is no doubt
about that, but I would ask my friend if he does not feel that the
tendency of removing there is towards something else besides simply
the temporary accommodation of this Legislature. Another point I wish
to urge is this: the accommodations in the way of Committee rooms are
all here, in the same building. They are all in the center of business,
in the center of boarding houses, hotels, reading rooms, and all other
things desirable for the dispatch of business while if they were out
there, great loss of time must ensue. Another thing, there is no gas at
Hayes pavilion, and the facilities for lighting it are very bad. If we
desire to hold a night session of the Assembly there, it is questionable
in my mind whether it could be properly lighted so that members could
read well. It would be a very expensive hall to light--being, I think,
eighty by one hundred and twenty feet--much larger than we require.
There are many reasons why it is not a matter of economy to remove, and
more particularly this reason that, as I believe it is but an indication
of an inducement for the permanent removal of the Capital from Sacramento,
I desire to enter my protest against it. Sacramento is to-day the Capital,
and she is entitled to it until the people decide that that is not the
proper place. And if in the future it can be demonstrated to the people
of this State, by the building of levees and putting that city in a
proper condition, that that is the proper place for the Capital,
for one I am not going to raise my voice against it.
Mr. O'BRIEN--I have no desire to debate this matter at all, I was
appointed as one of the Committee to select
a place to meet in, and went on in the performance of that duty
in a conscientious manner. In my humble judgment, as a member of economy
to the State, and of personal convenience, I think Mr. Hayes' building
is best, and have so reported. As to the inducements the gentleman
referred to, I know nothing about them. I am here only to perform my
duty. On that point I have only to say that if the gentleman thinks,
because I have steadily voted against coming away from Sacramento, that
therefore I am in favor of the permanent removal of the Capital, I think
his argument has a very bad basis. I am a friend of Sacramento, and my
sympathies impelled me to stand by her in the hour of her peril. But as
we have come here to San Francisco I think the Pavilion is a better place
than this building for us to meet in. I have so reported and the matter is
in the hands of the House.
Mr. FAY--I have but a word to say, not in reply to the gentleman from
Calaveras, but because I am reminded by Mr. Morrison that I did not
allude to one point in the minority report, where it refers to the
foundations of this building. I beg leave to suggest that the signers
of that report have fallen into a grievous error. If I recollect right,
and I think I was here at the time, this building was not erected on
piles and furthermore, I will state for the information of gentlemen
that even if it was, if they know anything about the decaying of wood
after it has been driven so far into the ground, they ought to know that
it never decays; or if it does, it is at a very remote period. There is
no question about this being a good and substantial building in every
respect, although, like many others in this city. it may have sometime
settled a very little at some particular point. It is one of the most
substantial buildings in the city, and will stand against anything,
without it is an earthquake that shakes down the whole city.
Mr. AMES--In regard to the question of economy, most of us who know
anything in regard to the history of the State or the Legislature know
that if anything is given to either, it is for a consideration. I have
seen propositions made with a view to remove the State Capital to Vallejo.
Was that profitable? We have had the use of a building given in Sacramento,
and there have been other similar instances. We had better buy a thing and
pay for it at once, for this giving comes back to us for a larger amount.
If Mr. Hayes had proposed to rent the Pavilion, I rather think I would have
been in favor of it. But how long would it be that the cars would run
out there? I think it is but a short time since the water washed the road
away.
Mr. SHANNON insisted that the question should first be taken on the majority
report.
Mr. O'BRIEN said his motion was to adopt the minority report, and that would be first in order.
The SPEAKER decided that a motion to amend by substituting the minority
report would be first in order.
Mr. O'BRIEN said he supposed it made no difference which question was
taken first, and he would withdraw his motion.
After some further discussion as to the state of the question, the ayes
and noes were demanded on adopting the majority report--to remain in the
present building. The vote resulted as follows:
Ayes--Amerine, Ames, Avery, Barton of Sacramento, Battles, Bell, Benton,
Bigelow. Brown, Collins, Cot, Dean, Dennis, Dore, Dudley of Solano, Eagar,
Eliason, Evey, Fay, Frasier, Hillyer, Hoag, Irwin, Leach, Loewy, Matthews,
McAllister, McCullough, Meyers, Moore, Morrison, Parker, Porter, Printy,
Reed, Reeve, Sears, Shannon, Smith of Sierra, Thornbury, Tilton of San
Francisco, Tilton of San Mateo, Van Zandt, Wright. Yule--46.
Noes--Barton of San Bernardino, Cunnard, Davis, Dudley of Placer, Griswold,
Jackson, Kendall, Lane, Love, Machin, O'Brien, Pemberton, Seaton, Smith of
Fresno, Thompson of Tehama, Waddell, Watson--17.
So the report was adopted.
Mr. SHANNON moved that the House authorize the Committee, in conjunction
with the Committee of the Senate, to procure the use of the building for
the present session of the Legislature, and to make all the necessary
arrangements.
Mr. WATSON moved to amend, by limiting the price to be paid to $1,000 per
month.
Mr. SHANNON accepted the amendment.
Mr. PORTER inquired if it was not necessary that it should be done by
concurrent resolution.
The SPEAKER said he thought not.
Mr. SHANNON's motion prevailed. . . .
SACRAMENTO.--The Placer Courier thus refers to the calamities of the
"City of the Plains:"
But when the dark clouds of adversity have cleared away, and the beams
of the ever welcome sun shine upon the face of the now darkened and
dismal looking valley, the once beautiful city of Sacramento will again
rise up into prominence, as the central mart of trade in the State.
It is the place for a great city--it is the place for the Capital of
the State--it is the grand focus for political gatherings, If it should
remain under water for the next three months, and then "dry up," business
of all kinds will again take a start and flourish. Her present
population may be taken with a "big disgust." and sacrifice for trifling
sums what little may be left to them after the waters recede--but a new
population will step in, who will then take hold, and in time secure the
city against floods. The old city and county debt we consider virtually
repudiated--wiped or washed out--there is nothing left wherewith to pay;
and under the great misfortune which has befallen them, we do not believe
the debt holders could expect them to pay one dollar upon their former
indebtedness. It can't be done.
FROM BIG TREE GROVE.--The Stockton Argus of January 24th has the
following:
Ritchie brings news from Big Tree Grove and intermediate places. As
elsewhere, all the bridges have been carried away. The drain at Murphy's
Flat has been filled up with sediment; the dam at Mill creek has been
carried away; several hundred feet of the ditch north side of Stanislaus
river has been carried away by a land slide, and lesser injuries by
some causes sustained at other points in the same ditch. The snow at
Holden's Station, thirty five miles east of Big Tree Grove, had fallen
to the depth of eighteen feet, a snow storm having set in on the 23d ult
and continued uninterruptedly sixteen days; the last day's fall of snow
alone reaching on the level four and a half feet. The big tree in the
Grove, called "Hercules," has fallen from the softening of the earth by
the rains. At Murphy's, provisions were plenty, flour bringing $12 per
barrel. At Angel's, flour brings $22 per barrel, and at Knight's Ferry
and Copperopolis, $20 per barrel. The Stanislaus river has risen
seventy-two feet above high water mark!
p. 2
NEWS OF THE MORNING.
. . .
Telegraphic communication is once more open with Carson Valley and the East,
also with several polnts to the northward.
The American river is falling rapidly, while; the waters of the Sacramento
subside but slowly. In the city the water is gradually receding, leaving
the main business streets accessible to pedestrians.
THE LEGISLATURE.
The Legislature convened on Friday at San Francisco, pursuant to the
concurrent resolution of Wednesday last providing for such transfer.
The building formerly occupied by the United States Circuit and District
Courts was the place named in the resolution, and at noon the Senate
was called to order in the old District Court room, and the Assembly in
the old Circuit Court room. The Joint Committee appointed to provide
rooms for the two Houses were not ready to report any permanent
arrangement, and were by each House granted until eleven o'clock
Saturday morning to perform their duties and make a report. In the
Assembly some doubts were expressed as to the power of the Committee,
under the resolution, to make a final contract for a building without
further action of the House, but no further powers were conferred upon
them, as it seemed to be the general understanding that the concurrent
resolution to remove was sufficient authority in the premises. One
member said he understood the rent of the rooms they were then in would
be $1,000 a month, while suitable rooms elsewhere in the city could be
procured without any charge whatsoever.
The Senate passed a bill providing that the Governor, Secretary of
State, Treasurer, Controller, Adjutant General, and Surveyor General
shall immediately remove their offices to San Francisco, there to
remain until the first of June next; at the expiration of which time
they shall be removed again to Sacramento. Samuel Soule and B. B.
Hoffman are named in the bill as a Committee to superintend the removal
of the State property in the hands of the officers referred to. . . .
On Saturday both Houses, by a decided majority--22 to 12 in the Senate,
and 45 to 17 in the Assembly--decided to lease the rooms at the corner of
Washington and Battery streets, San Francisco, in which they assembled on
Friday. The proprietor of Hayes' Park offered his building, containing
ample rooms, free of charge, agreed to have the same in readiness in
twenty-four hours and to make such alterations as might be desired; and,
furthermore, to run free cars every fifteen minutes up to midnight during
the session, for members, State officers and State employes. The Committee
appointed to provide quarters for Government use were divided in opinion.
A majority recommended the action which was finally taken, while a
minority--Senator DeLong and Assemblyman O'Brien--reported in favor of
Hayes' Park.
The question of place being decided, there was but little disposition
to go on and perform a day's work. The Senate was in session one hour
and twenty minutes, and the Assembly only about twenty minutes longer. . . .
In the Assembly . . . The Committee on Agriculture was instructed to
report a bill concerning fences which would enable farmers to go on
with their planting in the Spring, without being obliged to replace
fences carried away by the floods. . . .
MORE ABOUT LEVEES.--We print to-day more communications about levees,
and the plan to be adopted in building them so as to insure the protection
of the city. It is gratifying to witness such a manifestation of interest
on the subject, though too great a diversity of opinion as to the plan
best calculated to protect the city may lead to some confusion and cause
delay. It is, however, eminently proper for our citizens to counsel
together on a matter to them of such vital interest, and after a plan
shall have been settled upon, let it have the cordial support of all.
No one man should insist that he is wiser than those around him, and
declare his opposition to all plans except his own.
"A Practical Mechanic" sends us another article, in which he explains
more fully some of the views he advanced in the first. He favors the
inside levee plan, because it is within our means, and can be done right
away. He would build those levees first, and then, if possible, continue
the levees outside. He concedes that certain means of communication with
the country is only second to a complete system of levees.
Another correspondent suggests a new and novel plan for building a levee
on the American river, He would charter a turnpike company, and let said
company build a toll road, which should answer the ends of a levee.
Provided the travel would justify, such a plan might be made to work
well, but would it be possible to attract travel enough on such a road
to pay interest even at six per cent, on the capital invested and the
expense of keeping it in repair?
The scheme suggested is ingenious; the author makes, or thinks he does,
provisions for almost any contingency which may happen; but it is so
complicated that we doubt whether it could be made to operate as smoothly
as he makes it on paper. If a company could be induced to accept a
charter on the terms proposed, the levee might thus be built; but if
our Winters should average as they have in the past ten years, the travel
on the toll road could not be very extensive; and then we doubt whether
it would answer to depend for protection on any private company. The
swamp land project, published Saturday morning, is in its general
features meeting with some favor, and has received the approval of
several of our leading citizens. They think it practicable to raise
the money necesssary to build the main levees on the Sacramento and
American on the general principle suggested. Others, again, object
to the proposition of mingling the funds raised for levee purposes in
the city with those raised for the same purpose in the country. They
think that the money to build a levee must be collected mainly from
the portion of the city within which its business is transacted, and
that the first thing to be done with it should be the leveeing in of
that portion in such a manner as to place it beyond contingency. Before
anything can effectually be done, these different views must be
harmonized and a general plan agreed upon.
We understand the Citizens' Committee is engaged in maturing a bill
to be paased [sic] by the Legislature, which will embody the views of
its members, and which, it is to be hoped, will be of such a character
as to meet the approbation of the citizens generally. No unnecessary
time should be wasted in determining what shall be done in the premises.
A MISREPRESENTATION.--We are unwilling to believe that the San Francisco
Call would intentionally misrepresent this paper, and therefore
conclude the Call has not been a careful reader of the UNION.
We so conclude because we do not see how any paper could so misrepresent
another as the Call does the UNION in the article from which the
following extract was taken, unless it was ignorant of its contents.
The Call said:
The SACRAMENTO UNION has been violent in.its abuse of those members of
the Legislature who voted to adjourn temporarily from Sacramento on
account of the flood, but we have not yet seen in that journal an
earnest expression of sympathy with or commiseration for the poor
people who have been made homeless and almost penniless by the flood.
Our readers will bear us witness that the above statements are gross
misstatements, made ignorantly or malignantly. Our comments upon the
proposal to adjourn temporarily to San Francisco were adverse to the
proposition. We condemned it in decided terms, and do still, as one
in which the comfort and convenience of members were more consulted
than the interests of the people of the State, but we said nothing
which could be construed into personal abuse of members.
But we shall not be surprised to learn that their constituents abuse
them soundly for the folly committed in leaving the Capital. . . .
EMERGING FROM THE WATERS.--The advent of a spell of bright, clear,
cold weather, and the rapid subsidence of the inundating waters,
give the people of Sacramento reason for believing that there will
be no repetition of serious disaster this season. We are emerging from
the waters that have carried ruin to many homes, and devastation through
many smiling valleys. We have a fair breathing space, at length, during
which we may take a calmer survey of the ruin that has been wrought,
form a clearer conception of the extent of the calamity, form a juster
estimate of our losses, and devise the way and means of recuperation.
The blow was a heavy one, but it hardly staggered the faith of true
Californians in their own indomitable energies, and the almost
inexhaustible wealth of their resources. Fortunes--the accumulations of
years and toil, enterprise and anxiety--have been swept into oblivion
by the disaster of a day, but that is nothing new to the history of the
Golden State, or to the annals of her Capital. There are men among us
who have made and lost three or four fortunes since they first set foot
upon our soil; yet they are not depressed, but hopeful and hard-working,
and as ready to undertake industrial or speculative enterprises as when
they first joined the throng of pushing and driving adventurers in the
early days of our history. This is the spirit that characterizes the
true Californian--the men who have built up and developed the wealth of
the State with such marvelous rapidity. Of this class of indomitable
characters, the city of Sacramento has quite her legitimate proportion.
In the eyes of envious rivals the "City of the Plains" has been "played
out," used up, abandoned to the flames, or hopelessly drowned, on various
occasions during her eventful history. According to their representations,
each of her calamities has been the culmination of a bad case. Yet here
she is, to-day, as she has been from the commencement of the race, the
second city in the State, in population, wealth and enterprise. Each
year has confirmed the superiority of her commercial position, attended,
as it may be, with occasional peril. Each year of progress or disaster
has only tended to confirm the judgment of those who selected the
junction of the American with the Sacramento as the proper site for a
city. We see now that much of the destruction that has overtaken us might
have been prevented by skillful engineering and a judicious expenditure
of the public money. And by rendering that fact clear to everybody else
in California, by the prompt repair of damages and the speedy adoption
of a suitable system of defenses against the waters, we trust to put an
end to all future predictions of our municipal annihilation, while we
inspire our own people with additional confidence.
These are some of the ideas suggested by the return of the brilliant
sunshine and the gradual subsidence of the waters. There are matters of
practical urgency which are now under consideration among the proper
persons, and which will, doubtless, lead to the device of a plan for
the improvement of our defenses, and the raising of the means for
their construction at an early day. It is only of the recuperative
spirit of Sacramento and those who have so persistently called it in
question, that we care to speak in the present article.
BOAT HIRE.--Some of the San Francisco papers are using the statement
that members had to pay several hundred dollars per day for boat hire
in Sacramento, as a justification for adjourning to that city. We are
assured that responsible parties in this city offered to provide all
the boats needed for the use of the members, free of charge, as long
as the water remained in the streets. . . .
THE FLOODS IN SUISUN VALLEY.--A correspondent of the UNION writes from
Suisun valley January 23d, as follows:
It has been pouring down in torrents for about thirty days and nights,
and some of our citizens have been almost tempted to resort to Noah's
mode of protection. But we are not, nor have we been, in as deplorable
a condition as the Alta's correspondent reported, for our portion
of the country has not all been inundated, nor have Suisun city and
Fairfield been under water. But a great portion of our farming land
has been greatly damaged by the streams overflowing and depositing an
extra coat of quicksand on some of our tillable land, ranging from eight
inches to three feet in depth, and that portion where these deposits of
sand have been made will, we fear, be rendered valueless for agricultural
purposes until it can be removed. Some few rods of fence have been
carried away; also bridges and other improvements, but we still live,
and are sanguine that this terrible deluge will abate sometime between
this and the first of April, and give us a chance to till our ground.
If any of our up country friends are in distress, just send them down
here and we will furnish them a dry place to sleep, and plenty of bacon
and beans to eat, for our swine are not all drowned yet. But to prove to
you that our portion of the country is somewhat saturated, I will tell
you that to-day I saw a large oak tree, on the farm of George Ellsworth,
which has sunk until the limbs, which were ten or twelve feet above the
ground, came in contact with terra firma and stopped its downward
progression. This is rather improbable, but you have my word for it,
and if that is not substantial you can come down and I will show you
that I have not exaggerated. Now, if those wise heads assembled at your
city are bound to set the Capital afloat again--which I think would be
a very unwise move--I hope they will run it aground at Fairfield, where
they can find solid ground and good whisky--or if it go to the Bay City
we fear that the city enticements will prolong the session, to the great
disadvantage of State finances.
NEVADA.--The Democrat says that a few days since the proprietor of the
Nevada Flouring Mill raised the price of flour to nine dollars per hundred.
This of course had a tendency to create alarm, and many would have laid
in a six months supply even at that price if they could have got it. As
soon as the price was raised a number of merchants sent orders to San
Francisco for flour, with the intention of packing it up from Eliza if
the roads were not passable for teams. . . .
RAPID RISE AND FALL.--On Saturday, January 11th, the waters of the
Mokelumne river, at the Big Bar bridge, were forty-four feet above low
water mark, and in about eighteen hours they fell at least thirty feet.
TRINITY RIVER.--Week before last. Trinity river rose to such a hight that
most of the ferry boats had to be removed. No mail arrived from Shasta
for five days. . . .
DROWNED.--A man known as "Red" was drowned in the Trinity, at Fitch's
Ferry, a few days since. . . .
LETTER FROM SAN FRANCISCO.
[FROM OUR SPECIAL CORRESPONDENT.]
SAN FRANCISCO, January 24, 1862.
The Legislature landed safe and sound from the Chrysopolis last evening,
the attaches and, as Bell calls them, the "would-be-attaches" all
following close in the wake. The San Franciscans seemed to be a little
surprised at the suddenness with which their city had become the State
Capital, the telegraph not being able to convey them the intelligence
that the Legislature was actually on the move.
The number of passengers by the Chrysopolis must have been from eight
to nine hundred, and the rushing for the supper table could not have been
greater had there been fifteen hundred. With all due respect to the
steward of the boat, many of us arrived at the conclusion that,
notwithstanding the condition of affairs at Sacramento, we had, so far
as eating arrangements were concerned, fared full as well there as on
the route hither.
The general topic of conversation at the hotels this morning was, of
course, the last removal of the California Legislature. Various opinions
are expressed as to the necessity and propriety of the measure. One
San Franciscan expressed the belief that the concern would move up the
river again within three days; another said he thought an Act making
the steamer Chrysopolis the Capitol would be both convenient and
economical. There is some talk of engaging the building at Hayes'
Park for the sessions, but that proposition will probably have but
few friends, the main objection being that boats as well as railroad
cars are in vogue in that region. The old United States Court rooms
will undoubtedly be engaged for the session. They are each about fifty
by sixty feet in size, and can be easily fitted to answer the purposes
required. The Assembly will be a little crowded if at any time the
members should be all present, but of this there is not the least danger.
The applications for leave of absence were quite numerous this morning,
and it may turn out that, with all the advantages of stone pavements
here, the "children of a larger growth " chosen to represent the people,
will stray off to play when they should be at work, quite as often as
when, in free boats, they sailed up to the corner of Seventh and I
streets in Sacramento.
The Senate bill to remove certain State offices to this city, does not
include in its provisions the Supreuae Court, the Clerk thereof, the
Attorney General, or the State Printer. The latter will necessarily be
where the Legislature is. This is a little hard on Pixley, when it is
considered that he not only wrote but read an official opinion on the
removal question, which was entirely satisfactory to the removers.
The city presents a very lively appearance, and the weather being as
fine as it was in Sacramento yesterday, the main thoroughfares
are are [sic] crowded with people. It is generally understood that
the Joint Committee to prepare rooms for the Legislature will not
agree as to the place. A majority report will probably be made
recommending the rooms in which they assembled to-day, while a
minority report will recommend the Hayes' Park building.
LAKE COUNTY.--A correspondent of the UNION, writing from Upper
Clear Lake recently, says:
Like nearly every other part of the State, Lake county, in some of her
parts, has also suffered severely. The present snowstorm will bring
the lake all over the entire Lake country. We have already the water
three feet higher than any of the earliest inhabitants have ever seen it.
There in no one but a very old, gray-headed (Bushika) Indian who has ever
seen the lake as high as it now is. That there is something still severer
to come we can see, as the Indians are moving on to very high ridges.
The greater portion of valuable farms is entirely inundated with the
backwater from the lake, which is still on the rise, and may not go
down for the next three or four months; so there will be but little
chance left to our farmers for raising much of a crop this season. . . .
p. 3
CITY INTELLIGENCE.
THE THREE STAGES.--At sunset last evening three men attempted to travel
along K street, near Front, under considerable difficulty. The first was
"drunk," the second "drunker," and the third "drunkest." "Drunkest" fell
down at the time, and "Drunker" followed suit whenever he attempted to
render assistance, while "Drunk" kept his feet and gave general orders.
When "Drunkest" was on his back in the mud, "Drunker" caught him by the
hair and tried to lift him up. A bystander remonstrated against the manner
of extending aid. "Drunker" considered the interference just cause for
war. He followed the bystander across the street, falling from the
crossing once or twice on the way. Seconded by "Drunk," he was about to
strike the man of whom he was in pursuit, when Deputy Sheriff Lansing
caught him. "Drunk" interfered to rescue him, but was seized by another
party. A big crowd collected, a general rush followed, but peace was
soon restored, and nobody was hurt.
ROBBERY.--The tailor shop of Henry McCann, on the south side of J street,
near Seventh, was burglariously entered on Friday night, and robbed of
some nine or ten hundred dollars' worth of property. The front doors were
forced open, the thieves having evidently tied their boat in front of
the adjoining building, while they overhauled the contents of McCann's
shop. Among the articles stolen, were twelve coats belonging to
Moore & Co., twelve to McCann, and a bolt of English pilot cloth,
belonging to Wells, Fargo & Co. Several silk vest patterns were picked
up the next morning in the water on the sidewalk, which had either been
dropped accidentally, or had been thrown away by the thieves. Many
robberies of the most audacious character have been perpetrated since
the flood. A summary example should be made of such thieves, if caught.. . .
ANNUAL MEETING.--The annual meeting of the State Agricultural Society
will, according to official notice, be held in this city, at Agricultural
Hall, on Wednesday of the present week, at 2-1/2 o'clock, P. M., for the
election of officers and the transaction of other business connected with
the Society. It is generally expected that the meeting, on organizing,
will adjourn until some time in the Spring, when members from other parts
of the State can attend. The office of the Secretary of the Society is
at present located in Jordan's building, J street, near Seventh. . . .
R. D. FERGUSON.--On Saturday afternoon, a few minutes before the
departure of the San Francisco steamer, three cheers were given by
the crowd on the landing for R. D. Ferguson, Assemblyman from this
city, for his advocacy of the city's interests in opposing the removal
of the Capital to San Francisco. He came forward and made a brief
response, stating that he had but performed his duty here as he should
in San Francisco, in defending the interests of his constituents.
He was again heartily cheered at the close of his remarks.
BUSY.--The water in the city is still falling, though not so rapidly
as might be desired. the business part of the city is so far free from
it that our merchants and business men have been actively engaged in
cleaning out their stores, washing off sidewalks and preparing goods
for exposure, and getting ready generally to resume business. A week
or two of fine weather will produce a vast change in the appearance
of the city.
THE WEATHER.--We have had in the region of Sacramento four consecutive
days of pleasant weather. The sky has been clear, the sun bright, the
air bracing, and the temperature cold. Our streets and sidewalks, where
they are out of water, are drying up rapidly, and are becoming quite
passable to pedestrians. There are occasional floating clouds to be
seen, which are regarded by many with suspicion, as indicating an early
return of rainy weather.
THE RIVERS.--The Sacramento river is still falling, though very slowly.
At sunset last evenirg it stood at twenty-one feet nine inches above low
water mark. It will probably rise a few inches in a day or two from the
high water of the Upper Sacramento; after which, if we have no more
rain, a decided decline may be anticipated. The American river at
Patterson's has fallen six or seven feet within the past five days.
STILL RUNNING.--The steamers Sam Soule and Gov. Dana are at present
making daily trips to Patterson's, with freight and passengers. As
the American has fallen some six or seven feet at that point within
the past four or five days, they experience much less difficulty in
getting up than they did at that time. They leave at about seven
o'clock in the morning and return early in the afternoon.
BOATING--SAILING CRAFT.--As yesterday presented a fine opportunity
for boating, it was embraced by many, who seemed to enjoy the privilege
afforded. Many boats, loaded with a fair proportion of ladies, were
out. In addition to those which were propelled by oars, many rigged
with mast and sail were to be seen. Several sloops of respectable
size came up as far as M and L street to see and to be seen.
THE VOLUNTEER.--A new and substantial boat, called the Volunteer, has
been built by George Goltman, for service between this city and Camp
Union, for the accommodation of the volunteers and others who travel
on the route. She is thirty-two feet long, and will carry from forty
to fifty passengers. She carries six oars, but runs under sail when
there is any wind.
CATTLE FOR THE MOUNTAINS.--Twenty-eight head of beef cattle were
brought yesterday on a flat boat from Cary's ranch, Yolo county, to
the city, and landed at Front and I streets. They are to be sent to
Coloma, El Dorado county, going to Patterson by steamer. . . .
HAY.--Hay is retailing in Sacramento at two and a half and three cents
per pound. There is but little of it consumed. . . .
PROTECTION OF THE CITY.
EDITORS UNION: In again trespassing on your space, allow me to rather
explain my former communication. Instead of there being but fifty-four
squares, as you say, contained within the lines of levee proposed by me,
there are more than one hundred and fifty, and the length of the levee a
little more than four miles--a respectable circumference, to say the
least. Yet I did not, nor do not, propose to stop building levee, and
thereby leave our friends on the outside of the proposed line unprotected;
but simply to take care of ourselves first--do that which we know we
can do, and that which will restore confidence in the city in sixty
days--that which will make our prosperity before six months worth more
than it was before the floods came--that which will satisfy even Mr. Fay
that this city can, so far as the Capitol is concerned, protect herself.
If the Fourteenth street and R street levees were not built, the city
outside would, of course, have to pay their portion of the expense of
the other levees. Therefore, the levees on those two streets is all
that would have to be paid for exclusively by those inside. I cannot see
any injustice to any one by this course. I would immediately prepare,
by legislation and otherwise, to continue the levee from Fourteenth and
D to the high ground--thus insure uninterrupted communication with the
country, which is second in importance only to a safe levee. The one
enables us to make money--the other will save that which we have already
made. The difficulties to be encountered at Rabel's Tannery with the
American have been largely increased since the break at that point, and
in my opinion the "high and wide" levee up C or D street will not be safe
for more than a year or two unless a bulkhead of rock at least eight
hundred feet long is put in at that point each season until the river is
thereby compelled to straighten itself and relieve its south bank. Some
say cut a canal across the point opposite. That would undoubtedly relieve
it to some extent, but to make it large enough to admit the whole river
would be an immense work, and how much of it the river could be depended
on to do itself, would be hard to determine safely. Hence, while all
these uncertainties and difficulties exist, as they certainly do at
that point, without enumerating those which exist at other points from
there to Burns' slough, which latter place has deluged the city more than
once and has deceived levee builders and levee guardians, who, no doubt,
thought they knew their business, as we think we know ours. Hence, I say,
why not make ourselves secure beyond and independent of these
uncertainties, if not actual dangers. When a shipbuilder builds a ship,
he makes the outside walls as secure as he can, but in addition to that,
he puts in bulkheads or water-tight partitions, so that in case, by an
unforeseen accident, a break is made in her, it will not thereby
necessarily damage her whole cargo. Look on the R and Fourteenth street
levees then, after all the other levees four miles up and ten miles down
have been made, as watertight compartments, and it seems to me the idea
is worthy of consideration. Then when, under the new ordinance, a street
is raised to the grade, raise it from Front to Fourteenth, plant trees
on both sides of the levee, make it a drive and promenade, and my word
for it no Chinaman or gopher will dig a hole in it. There is almost as
much, Messrs. Editors, in having a levee properly kept in repair after it
is built as in building it. Now, suppose the Swamp and Overflowed Land
Commissioners, in connection with the people in District No. 2--and
perhaps the State have a hand in it--build this long levee, which I
hope they may, who will take that care of it which is necessary for
us? If the Sacramento cuts it away within four miles of us may it not
fill up the district, and if our city is a part of it fill it up too?
Your suggestion to buy a locomotive and train of dirt cars is a good
one. Run a track to the bar in the American, and after the levee has
been made from the same place material enough can be had to fill up
what streets will be wanted raised, and the owner of the cars will
have a profitable business in filling up private property for years,
or until the American washes away the material.
A Practical Mechanic.
SACRAMENTO, January 26th.
DROWNED IN THE STANISLAUS.--On the afternoon of Jan.16th occurred at
Abby's Ferry, on the Stanislaus river, about two miles from Columbia,
another case of death by drowing [sic]. Wm. Wren, aged about 40 years, an
Englishman by birth, and a long resident of Columbia with the two
brothers Moore, were crossing the river in a little skiff. Wren was
steering with an oar, and the stream was rushing violently. By some
means the oar tripped and threw Wren overboard, but, being a good
swimmer, no alarm was felt, and he soon get hold of the stern of
the skiff and held on a little while. On shifting his hold to the side
of the craft he upset the boat and threw the voyagers out. The current
swept them down the river with great rapidity, into the eddies and out
repeatedly. Wren was observed to seize an oar and float down stream,
apparently perfectly self possessed, but getting into a deep hole in
the river, and clogged with heavy boots and clothing, he finally sunk
to rise no more. He leaves a widow and three children. The other two
voyagers, after sinking and rising several times, barely escaped with
their lives.--Tuolumne Courier. . . .
MORE FLOOD IN TRINITY.--The Journal of Jan. 18th says:
The heavy rains last week, together with the rapid melting of the snow,
rendered most of the roads leading from this place impassable for two or
three days. Canon creek lacked only four feet of being as high as at the
last flood. At North Fork the water rose high enough to cover the Brewery
floor. At Bates & Van Matre's place, on the upper North Fork, the water
came within a few feet of being as high as before. Swift creek and the
other streams in the northern part of the county were not passable.
EIGHT PERSONS AND FOURTEEN HORSES KILLED. We learn from two gentlemen
who arrived in Forest Hill on Friday evening, direct from Carson Valley,
by the Placerville route, that on Sunday morning last, at or near
Strawberry Valley, a dreadful avalanche occurred, which destroyed a
public house, barn and other buildings, besides killing eight persons
and fourteen horses. Our informants had left the tavern but a few
moments previous, and returned to witness the awful
spectacle.--Placer Courier, Jan. 18th.
We have reason to doubt the reliability of the above intelligence.
LOSSES ON THE MOKELUMNE.--The Stockton Independent of
January 24th has the following:
Brady & Green, on the Mokelumne, lost their mill and enough other
property to aggregate $9,000; beside their own losses, there were
forty tons of grain in the mill belonging to other parties, all of
which was washed away, and is a total loss. Athearn lost his bridge,
valued at $8,000; grain, valued at $1,500; fourteen thousand feet of
clear lumber, harness, wool, and enough other property to aggregate
$11,000. Montgomery, who lives next below Athearn's, lost two thousand
bushels of grain.
FROM STAPLES.--A gentleman from Staples, on the Mokelumne, reports
that Staples' house has had water covering the floor, five feet eight
inches is depth; his blacksmith shop, with bellows, etc., have been
washed away, as have the oak trees in front of the house. The trees
in the rear have prevented the dwelling house from being carried away,
as they checked the driftwood that came down in the tremendous current.
Immense loss in cattle had been sustained in that neighborhood, mired
as well as drowned. Many have fallen, and in their half starved and
exhausted condition they are unable to rise in the mud, and thus die
from exhaustion.--Stockton Argus.
PLACERVILLE.--The freshet which visited this place on Monday night is
described as being very severe and disastrous. A portion of Main street
was flooded, the foot bridge at Bedford avenue was destroyed, and much
damage was done to stores. Much injury to property in Upper Placerville
was also occasioned. . . .
THE NORTH LEVEE.
EDITORS UNION: That a levee must be built on the north side of the city,
from the foot of I street to the high lands in Brighton, is accepted by
the entire community as a fixed fact, the only mooted point being, how it
is to be accomplished.
Ex Governor Bigler suggests that the franchise of a toll road be granted
to a private company; "R"(Query--is he one of the Swamp Land
Commissioners?), through your columns, proposes a joint operation by
the Citizens' Committee, the Swamp Land Commissioners, and a levy of
a levee tax upon the land reclaimed. Others think the State should
assist, so far, at least as the extent of the $68,000 which she, a
great and wrathy [worthy?] sovereign, accepted as a gift from one of
her insolvent municipalities. Others still have different schemes,
and as it is an adage that there is wisdom and safety in a multitude
of counselors, the writer suggests another plan, differing materially
from either of the others, combining, in the superstructure, a portion
of each and some ideas of my own, all built upon the foundation of
Govornor Bigler's idea of forming a private company. I propose the
enactment or a law providing:
First--For the construction of a macadamized or gravelled road from
the foot of I street to the high lands in Brighton; such road to be
at least 80 feet at the base, 50 feet on top, and to have its surface
at every point at least six feet above the high water mark of 1861-2
at that point; and to be constructed upon such line as the Surveyor
General of the State, an engineer to be appointed by the city, and the
engineer of the company, shall determine to be best to protect the land
south of it from the waters of the American--the theory of their survey
being that the directness and utility of the work as a road must be kept
subordinate to its permanency and protection as a levee.
Second --The grant to a company of the right of way and a right to
collect tolls at rates not exceeding specific ones designated in the
Act, but which may from time to time be reduced by the city authorities.
The company to become incorporated under the general Incorporation Act,
but never to increase its capital or the number of shares of its stock
beyond the original sum--less the mortgage, if any--expended on the road.
Third--Power to mortgage the franchise for a sum not to exceed the amount
of capital stock actually paid in, and not exceeding one-half of the
estimated cost of the road.
Fourth--The levy of an annual special levee tax of twenty-five cents on
the one hundred dollars on all land and improvements within the city,
and also outside of the city and within Swamp Land District No. --.
Fifth--Provision for a Commission to condemn for public use the necessary
lands along the line of the levee--the increased valne, if any, caused
by the additional safety of the remaining property of any claimant, to
be considered as an element in estimating damages, and such increased
value, if any, to be deducted from the damages found for the property
taken.
Sixth--Stringent provisions that the company shall at all times keep
the levee and road in perfect repair; and a provision that if, on
the first of January in any year, the company shall, upon a complete
exhibit, under the oath of its officers, of every receipt and
expenditure, that during the preceding twelve months the company did
not realize a revenue sufficient, after paying its necessary
expenditures and the interest on the mortgage, if any, to pay six per
cent, upon its capital stock, then the city shall pay the company, out
of the Special Levee Fund, a sum which, together with the net earnings
of the company, shall equal six per cent on its stock.
Seventh--Most stringent provision for the summary conviction and
punishment of any person who, to facilitate the crossing or for any
other purpose, shall cut or in any way injure any levee in Swamp Land
District No. --; and provision that all such levees, excepting the
road, shall be kept in repair out of the Special Levee Fund; and that,
if on the first of May in any year, any money remains in said fund, it
shall be applied to paying off the mortgage, if any, on the road, in
the order of the issuance of the certificates; and if no such order is
made, or after it is all paid, then to the purchase of the stock of the
road from the best bidders not above par; and after payment of any part
of the mortgage, or purchase of stock, the interest or dividend that
would have accrued to the former holder, if it had not been paid or
purchased, to be paid into the Special Levee Fund; and if at the end
of twenty (query, ten or fifteen?) years, such mortgage and stock is
not all held by the city, then and at any time thereafter, the city
to have the right to pay or purchase all outstanding, at par.
Further thought and more general discussion may disclose other points
that may be added, or some that are supererogatory. As it is, I claim
for it that it is efficient and practicable--at least I think so,
because the money which cannot be obtained upon the city's credit can
be had. Although the tolls should be light, and people as a matter of
course during Summer and the due [?] Fall months will use the other
roads, yet during the rainy Winter and muddy Spring the travel will
be so improved as almost surely to yield six per cent, perhaps much
more, which will be the stockholder's gain; but if it falls below six
per cent, the tax is a sufficient guarantee. The power to mortgage
will obviate the necessity of raising more than one-half or two-thirds
of the sum necessary to build the levee, as with half or two-thirds
cash there will be no difficulty in finding able contractors who will
take the bonds for the remainder; and if the stock is issued in one
hundred dollar shares, almost every man in the city will subscribe
according to his ability. It will leave in the hands of the Citizens'
Committee sufficient money to repair the cross levees to make assurance
double sure; it will leave, according to their own showing, in the
hands of the Swramp Land Commissioners a sum sufficient to protect us
on the south from the Sacramento, Mokelumne, and Cosumnes. It will
provide for the continual good repair of all the levees. It will
provide at all seasons a good wagon road for the ingress and egress
of teams, the annual advantage of which will be double or triple the
amount of tax. The tax required is not exorbitant. It is one our
citizens can stand, and one which in fifteen or twenty years will make
them owners of the levee, whilst to issue bonds and construct the work
on the city's account would, if the money could be raised at all,
require an annual tax at least as great, if not greater, to meet the
interest, and then some provision to pay the bonds. It leaves the money
to be received from the State, if she chooses to return the $68,000
to be applied to the cancelation of our floating debt. There are other
arguments in its favor, and of course some against it, but the idea is
sufficiently elaborated above for general thought and discussion. T.
THE FLOOD AND DAMAGES AT MURPHY'S.--The annexed account is from the
Stockton Republican of January 23d:
All the bridges between Murphy's and the Big Tree Grove have been
carried away; the road is also badly damaged by currents of water
and land slides. It is estimated that over $2,000 will be required
to repair it. Great damage has been done to the mining claims on
Murphy's Flat, by the filling up of claims and the destruction of
flumes, etc. The deep cut made to drain the Flat, at an expense of
many thousands of dollars and years of labor, has been completely
filled up with sediment and slum. The works of the Union Water
Company have suffered severely. The dam on Mill Creek, between
Murphy's and the Big Tree Grove, has been swept away, together
with 300 or 400 feet of fluming at the same point. A land slide
occurred on the line of their works on the north side of the Stanislaus
river and south of the Big Trees. which carried away several hundred
feet of the ditch. The ditch has been damaged at several other points
by similar slides, but not to so great an extent as at the point above
stated. The people at Murphy's and vicinity have not seen a newspaper
of later date than January 6th, and are in entire ignorance of the
condition of the country. Fabulous prices were offered for copies
of late papers, but none could be procured. A number of gardens on
Washington flat have been entirely destroyed by the action of the
water. One house was carried away from the same flat.
Thompson, mail carrier, between Murphy's and Genoa, has made the
regular weekly trips through snow and rain the entire season. He
states that in five years' experience in the mountains of California,
he has never known such a quantity of snow and rain to fall as has the
present Winter.
At Murphy's, provisions of all kinds are plenty and
cheap. Traver is selling flour at twelve dollars per barrel, and
potatoes at four cents per pound, and rice at fifteen cents. He declared
his determination to adhere to the above prices until his stock on
hand was consumed. Camphene and coal oil are scarce and command four
dollars and fifty cents per gallon. . . .
LETTER FROM MARYSVILLE.
[CORRESPONDENCE OF THE UNION.]
The Removal of the Capital--Most insufficient reasons for the same.
MARYSVILLE, January 23, 1852.
About three years ago--three years last August--a nimble Morgan was
dragging my carriage and me over the road from Delafield to Waukesha,
two little places in Wisconsin. Seeing a number of carriages around the
door, and a number of bright colored bonnets at the window, I was induced
to enter the building, which proved to be a school house. The teacher
was "holding examination," and the bright colored bonnets contained the
heads (a small portion of the heads) of the mothers, sisters and female
friends of those then passing through the ordeal. I happened to enter
while a "class in Geography" was up, and, availing myself of the teacher's
invitation, asked some questions. They were generally well answered, but
"What is the Capital of California?" was a puzzle. Several answers were
given, each of which would have been correct at different times, but none
were in accordance with the fact. The discomfited pedagogue apologized;
said that several editions of the same work were in use in school and
the mistakes were all learned from the authority used. In fact, he said
he never asked them that question, because it would be impossible to keep
track of the changes! What farcical conduot is this continual moving of
the Capital! How ridiculous does it cause us to appear in the eyes of
the observant world! I have often seen, in the Eastern States,"Daguerrean
Room" on wheels, transported from village to village to please the
rustic belles and beaux; but in California is the only instance of a
State Capital moved around to fill the pockets of grog and grub dealers
in all the principal cities.
The present Legislature was chosen to meet at Sacramento; by the almost
unanimous voice of the people that city had been selected for the seat
of Government. If members desired a change, they should have referred
the matter to their constituents next Fall. " But," says one, "we don't
intend to remove the Capital; we only adjourned this session of the
Legislature." The removal of the Legislature--of the Government--is
a removal de facto of the seat of Government. Some, probably a
majority, will be willing to return to Sacramento when the levees are
built; but I venture the assertion that those who have been foremost
in advocacy of an adjournment will seek to make it permanent. They are
the very ones who, in previous sessions, have hastened to San Francisco
on Saturday afternoons and remained until Monday, thereby often delaying
legislation on that day. Some of those Senators who labored to effect
this adjournment were once chased by the Sergeant-at-Arms to prevent
their running away from their duties, to spend their Sabbaths amidst
revelries in San Francisco.
Admitting, for the sake of argument, that the change will only be
temporary, the question will be asked by those who have to stand the
expense, why move at all? "Well," says a member, "our hotel
accommodations were not so good as we can have in San Francisco!"
Was you, sir, sent to the Legislature to revel in luxuries, to spend
your time in hotels, to grow fat on high living? Were not the hotels
comfortable, and would'nt [sic] a few days have sufficed to have made
them good as ever? Were they not, when you voted to adjourn, better than
can be had in our mountain towns at any time? Would the fact of a coarse
diet for a few days--"bread and cheese," for instance--hurt your spice
laden stomachs? Even if it would, do your ideas of legislation spring
from the belly?
Another says, "There was so much water in the streets
that we had to use boats, and they cost so much." Boats and oarsmen
were so plenty that traveling was as convenient when you left as in
the middle of Summer. Would the expense of boats during the session
have been one-quarter the expense of adjournment?
And the diminutive Senator from Yuba county, C. E. De Long, was
seriously discommoded because he had to go in a boat to the Committee
room! He did'nt [sic] have to row there, but if he had been in
Marysville I venture to say he would have blistered his hands every
day to row a boat full of ladies up and down the slough. Yes, and he
would'nt [sic] have thought of the expense. And he, as well as the
Assemblyman from this city, would have been compelled to sail quite a
distance to have gone to their homes from town, or back. I don't believe
they will leave their houses for all that. But why particularly? The
only reason given by the removalists was the inconvenience of
members! I have seen no instance of a member's life in danger, and,
with a short session (long enough for all business), no one would have
lost his health. So the inconvenience of members will cost the
State a hundred thousand, or more dollars! The inconvenience of
some of our august legislators for a few days (or a few weeks possibly)
is to decide questions of State policy! How desperate was the cause that
was compelled to answer for such a move on the ground of
inconvenience to members! If l am not mistaken, the tax-payers
of this State will be very apt to inquire of their representatives, "Was
your convenience during the session worth this vast sum? And if
it was, why should the State--why should we, pay it? Why did not your
own enjoyments come out of your own pockets?"
The consequences of this removal will be far more serious than members
(who, in the confusion raised by the removalists, were forced to vote for
the concurrent resolution) supposed. This hasty, inconsiderate and
inexcusable action will create an idea of instability and unsettled
purpose among capitalists that will operate seriously against us.
But the worst effect will be with the tide of immigration now moving
across the continent. The thousands and thousands of hardy citizens
who have either started for California or were contemplating a start
in the Spring will think that the finest portion of this State--the
Sacramento valley--and the finest portion of the valley, is
uninhabitable; or, that the Legislature of California is a body met
for personal enjoyment, incapable of dignified legislation.
Publish it to the world, that in the one thousand, eight hundred and
sixty-second year of our Lord, the State of California was compelled
by her rulers to expend a vast sum of money--at least fifty thousand
dollars--to enable the white-fingered gentlemen of her Legislature to
take a pleasure trip. And that in the same year, those delicate
personages broke faith with the citizens of Sacramento, who had
invested thousands of dollara to accomodate those representatives (!)
I have thus written, not because I am capable of affecting the Legislature,
or of informing the people of the right or wrong doing of their
representatives, but that all may see that Sacramentans are not
the only ones who considered this notion of the Legislature unjust and
wroug. And I venture to say that if the question had been submitted to
the people of Marysville.they would have pronounced against it.
PUBLICOLA. . . .
FROM MOKELUMNE HILL.--The Stockton Republican of January 23d has
the annexed intelligence from Mokelumne Hill:
Cooper, a merchant of Mokelumne Hill, arrived in town yesterday. He
left that place on Tuesday and came horseback to the vicinity of Poland's,
where he fell in with Michael Cosgrove (who lives half way between Campo
Seco and the Spring Valley House) in a boat bound for Stockton, in which
he took passage. He reports much stock lost, and all those living, on the
plains, wading belly deep in water. All the fencing is swept away by the
floods, and most of the houses deserted. At Poverty Bar the town was
flooded, most of the first floors of the low buildings being covered
eight inches to a foot with slum and water; the rear of Cooper & Co.'s
saloon was washed away, the current undermining the foundation; their
bridge (across the Mokelumne to Lancha Plana) had fallen, and was covered
about eight feet with tailings. The fine orchard opposite is destroyed,
on the Mokelumne cutting a new channel through the island. At Campo Seco
the town was flooded by the reservoir of the Mokelunne Hill ditch, above
the camp, bursting, injuring Hopkins' brewery, and lifting his garden
en masse on the premises of his neighbor. At Mokelumne Hill all
kinds of goods were plentiful except provisions. Flour was selling at
$20 and $24 per barrel, and but little in store; potatoes, eight cents
per pound, and very scarce at that; rice, none to be had, and Chinamen
starving.. At Chile Gulch some stores and many buildings were temporarily
flooded. At West Point, and vicinity, provisions reported plenty, and
but little damage by the flood. On the north branch of the Calaveras,
Stevenson's and Medina's bridges are swept away, and in fact every bridge
on the stream except McDermott's.
STILL ANOTHER FLOOD.--The Stockton Republican of January 24th
thus speaks of another flood with which its citizens have been afflicted:
We have another flood upon us. It seems to have been specially sent to
cover up those who have not been before troubled. Though plenty who have
caught it all along have the flood again. It is all back water. It backs
up the sloughs everywhere and overflows the land near them. It backs up
especially in the western part of the city and in the western business
portion. The streets are quite navigable anywhere on El Dorado and west
of that street Ladies and gentlemen were sailing around yesterday in boats
upon streets where they recently walked dry-footed. There was, upon an
average, six inches upon the floor of the Weber House, and on every floor
thence to the levee on Center street. . . .
p. 4
CATHOLIC ITEMS.--From the Monitor we take the following items:
By direction of the Archbishop, the prayer for fair weather
(ad postulandam serenitatem), has been recited in masses since
the 10th inst. . . .
About fifty persons remain at St. Mary's Hospital, Stockton street,
receiving relief; one hundred and fifty is the number who were boarded
and lodged since the flood commenced. The children have been removed
to the Orphan Asylum, Market street, where they have been kindly received.
The Sisters of Charity are willing to take charge of all others from the
interior whose parents are not able to give them suitable protection. . . .
Rev. J. A. Gallagher, Pastor of Stockton, is on a visit to this city.
The flood has been severe in his district. The only church in Stockton
in which service was held last Sunday was St. Mary's. . . .
THE FLOOD ON THE TUOLUMNE.--A correspondent of the Stockton
Independent, writing from Morley's ranch, on the Tuolumne,
January 12th, says:
Last Thursday the Tuolumne showed signs of overflowing, and on Friday
there was a great flood, the river having run over its banks and swept
everything before it. Numerous families were compelled to remove their
effects to higher ground, in order to save them; all the fences that
were left from the flood of the 27th December were carried away, leaving
things in almost hopeless condition. The river was several feet higher
than on the 27th of last month, when it was within about two feet of
the flood of '52. It is now some four or five feet higher than on the
27th, and still raining. It is out of the question to fully paint to
you the losses that have been sustained in this part of the country.
Houses, barns, fences and all that stood at all exposed on the bottom
lands have gone. Danner, who lives about three miles above my place,
informs me that his house, barn, hay, fences and crop were all destroyed.
Danner says that the house of J. Pickler, at the mill, three and a half
miles above here, has given way. This was a new house, built on the
highest portion of the bottom. I am of opinion that Dr. Booth has lost
all--am told the waters are high up on the house of Geo. W. Branch, and
all the flat from his house to the bluff, is a flood of water. J. Barhem
and Jas. Covauad had to leave their houses, David Hartman's house is
entirely surrounded with water deep enough to float a steamboat; James
Browder is yet on dry land; C. W. Salter's house is in danger of being
floated away; C. Pettibone and family had to leave for the hills;
C. Osborn has lost one hay stack, and his brick barn stands in four
feet of water, as also his house; Summer's house is in four feet of
water; John F. Hinkson is on dry land; B. Davis has abandoned his school
house; the school house near H. B. Davis' has floated away. On the south
side of the river Mrs. Bands' place is submerged. This afternoon I was
down on the south bank of the river. The scene there is beyond description.
I was at the place of G. G. Dickinson, south of Osborn'a Ferry, and found
that the family had got away, but with great difficulty. Two of the
Dickinson boys were yet in the house, with two men, and had no chance
for escape. Dickinson had some five hundred or six hundred bushels of
grain submerged; his house stands a poor chance of being saved, although
it stands two feet above ground. My loss is numbered with my neighbors.
In the two last freshets I have lost not less than $2,000. . . .
Sacramento Daily Union, Volume 22, Number 3380, 28 January 1862, p. 1
DAMAGE IN GRASS VALLEY.--Speaking of the effects of the late storms at
Grass Valley, the Nevada National says:
Careful estimates show that there are about fifteen hundred quartz
miners now out of employment in Grass Valley! The earnings of these men
will reach about $4,000 per day, which is really equivalent to so much
money taken from the pockets of our laboring men. In addition to the
amount thus taken from the wages of our people, there is also a much
larger amount of profits and interest on investments, which accrues in
ordinary weather, but which is now daily lost to the income of our people.
It is safe to say that a loss of fully $10,000 is daily accruing to Grass
Valley, and will continue to do so until the floods of water now pouring
upon the hills shall cease their flow. There are not more than one or
two quartz mills running in Grass Valley, or vicinity. The mines are
nearly all filled with water--the appliances for draining being entirely
inadequate to work against the present unprecedented flow of water. Of
course other branches of business are more or less affected by the general
stagnation of our principal industry. The stores and streets are nearly
deserted of their usual throng, by reason of the inclemency of the weather
and everything around wears a dreary and desolate appearance.
THE WATERS RECEDING.--Yesterday the Yuba river fell rapidly, and gave
indications of a speedy removal of the immense swelling to which it has
been subject for some time past. Should the rains hold off but a little
while, it will soon subside to its usual diminutive size, and take its
humble course down the channel prescribed for its course towards the
ocean.--Marysville Express, January 27th, . . .
THE GREAT FLOOD.
[From the Placer Herald.]
The greatest calamity that has ever befallen our State is now upon
it. The Americans have been twelve years in the country without having
before witnessed anything approaching it in its terrors. True we have
heard traditionary rumors of inundations visiting the land years ago,
before we came to this region, but these rumors were so vague and
unspecific as not to amount to information upon which a people could
act. Aside from this we have had no warning, and without some specific
facts upon which to rely, the most reasonable thinker among us could
not have foreseen this disaster. It is now apparent that these vague
warnings were based upon facts. If we will look into the former history
of the country we shall find in the location of the Mexican villages
in the sites chosen for their missions by the intelligent and careful
priesthood, and in the habits, pursuits, etc., of the inhabitants,
evidences in support of the traditionary tales. These towns were all
built upon high ground, as also are the missions. This fact has
heretofore been rather a subject of speculation by Americans,
considering how beautful [sic] and prolific were the valleys. The
principal occupation of the inhabitants was that of grazing, leaving
the valleys vast uncultivated plains, upon which their herds roamed,
without fence or other obstacles to limit their wanderings. Experience
had taught them that these rich plains could not be relied upon for
the cultivation of the grains, and hence they ware ceded to the settlers
in extended tracts, as pasture lands when the floods should have
subsided. No fences marked the boundaries of these great farms; the
cattle fed in common, and each year the herds were collected and the
owners respectively claimed their cattle, separated and branded them.
Hence we have the "rodeo." these people had seventy years experience in
the land before the Americans came to occupy it, and these were their
customs. It is probable they were wise enough to learn something from
the warnings of the aboriginal tribes, of whom we have had but little.
Living eight or ten years in the country, we have assumed to know more
of the country than the Mexican or Indian. We have built cities and
villages in the valleys, divided valley and plain into smaller tracts,
carefully fencing our boundaries, and subdividing our farms, and
cultivating the cereals, as we did in the land of our ancestry. No one,
of course, could foresee that this would be the year of flood--very few
reflected that it was an incident possible. When the great Napoleon was
projecting his expedition into Russia, he caused the almanacs and all
other sources of statistics relating to the rains, etc., of that country
for the previous forty years to be carefully studied.
One would suppose that human foresight had accomplished all that was
necessary or possible; yet we know that the terrific snows were six
weeks earlier that year than any of these sources of information gave
any account of.
Many of us have [not] had the sources of information with reference to
California, to study, as the great Emperor did that of Russia, and
therefore it was much easier to be mistaken. Our valley cities have
been much injured, villages have been swept away, the great valley
farming region to a great extent inundated, houses and fences swept
off in the flood and the cattle in great numbers drowned, to say
nothing of the loss of human life. Human energy--and particularly
that of the pioneers of this State, can affect a great deal, but
whether it would be wise to enter into a regular warfare with the
elements, is a proposition that may well stagger the bravest heart
among us. How often is this to happen?--once in twenty or fifty years?
May it not occur next year or the year after? are questions the careful
man will ponder over before he goes back to rebuild his home.
We now know that it us an incident of the country, against which we
cannot guard, and whether it is not best to change somewhat to the
habits of our predecessors in our customs and in our uses of the
country, may well suggest itself. * * * *
Whilst upon the subject of horrors, we may as well refer to another
danger to which the country is incident, viz: that of earthquakes.
We have had earthquakes on several occasions--in some localities
quite severe; but old men speak of shocks having visited the country
so violent as to topple every brick house in San Francisco to the
ground. Although this fact is known we take no warning therefrom;
the result will probably be a disaster more terrible to some of our
cities than this flood has been to the country. But, "sufficient unto
the day is the evil thereof;" let us borrow nothing from earthquakes
whilst contending with the floods.
The mountain counties have suffered in loss of life and in property,
but less than the valleys, The destruction of bridges, flumes, aqueducts,
dams, the filling up of drain ditches, and destruction to mining machinery
is, of course, unprecedented, and will sum up among the millions in
loss. These are great misfortunes, but which may be overcome in the
future operations of the country. Many of the present occupants of
the mines will sink into bankruptcy under the present disaster, but
others will take their places, and the mines will still be worked.
In this aspect we are, in all human probability, better off than the
valleys.
The flood is not peculiar to this State. Our intelligence from Oregon
represents similar disasters there, and it is probable that Washington
Territory and the entire Pacific coast, for a great distance up and down
this continent, has been visited in a like manner.
THE REMOVAL QUESTION.--The San Francisco correspondent of the Marvsville
Express thus remarks upon the late Republican project of removing
the Capital to San Francisco.
The Republicans are in dire tribulation over the anticipation of being
held responsible as a party for the removal of the Legislature from
the Capital. How they can rationally hope to escape the responsibility
is more than I can understand. That they had the power to prevent it and
did not, fixes the responsibility of course. It will not do to plead the
fact that a few Democrats voted for removal, or that a few Republicans
voted against it. The Republicans who opposed the measure did so upon
local considerations alone, and they may deem themselves extremely
fortunate if they do not find themselves unceremoniously kicked out
of their party for their contumacious disregard of the behests of their
leaders. Indeed, of one of them is as good as overboard already, and
will be entirely and irretrievably so before the end of the session,
if he on any occasion, however slight, again kick out of the traces.
Notwithstanding the elaborate special pleading of the Attorney General
to show the legality of the adjournment of the Legislature to any place
other than the Capital, the opinion gains ground steadily that it was
a violation of the Constitution, that the body sitting here is divested
of all the powers and elements of the Legislature of the State, and all
their acts here will be null and void. The question will probably be
tested on the Act to remove the State offices, should it pass the Assembly,
it being understood that some one or all of the officers will refuse to
obey the Act, which will bring the question up on mandamus. For
myself, I am thoroughly satisfied that no Department of the Government
can perform its functions at any place other than the State Capital,
and that the Capital cannot be changed permanently or temporarily, except
by an Act passed and signed at the seat of government. But considerations
of law or equity do not obtain very marked weight in this Legislature,
I am sorry to say. On the contrary, they seem to prefer to do a thing
wrong when it is just as easy to do it right,
SACRAMENTO VS. SUTTERVILLE.--The Transcript attributes the
overflow at Sacramento to the sin of her people in building the city
upon a site known to be subject to terrible overflows when they might
have built upon the high ground at Sutterville. If it was a sin in
building the city on its present site, it cannot be laid to the present
inhabitants, for nearly all the original settlers are gone, and other
people have taken their places. There is one fact however, that may
not be generally known: Sutterville was laid out before Sacramento;
stores were first established there, and it had the start in every way.
In the Winter of 1848-9, it was considered a matter of doubt whether
the town would be built at Sutterville or at the Fort; but from some
cause the trade centered at what was then known as the embaroadero,
and there the city was built. The principal trading firms of that
day--Brannan & Co., Hensley, Reading & Co. and Priest, Lee & Co.--had
no particular partiality for the embarcadero, and did not go there
until they were compelled to in order to retain their trade. The
proprietors of Sutterville held out liberal offers to induce merchants
to locate there, but their exertions were of no avail; Sacramento grew
rapidly while the trading establishments at the Fort and at Sutterville
were discontinued. The gentlemen composing the firms above mentioned
were well aware that Sacramento was liable to deep overflows and some
of them, to our knowledge, had been told by a reliable gentleman that
he had seen the water eighteen feet deep on what is now Front street;
but it was not in their power to retain the trade at the Fort or carry
it to Sutterville. so they made a virtue of necessity and located where
they saw the trade was centering.--Nevada Democrat.
THE ROAD OVER THE MOUNTAINS.--The Placerville Democrat of January 25th
has the following: A gentleman who arrived in this place yesterday
morning from Virginia City informs us that it is difficult and dangerous
and extremely unpleasant to cross the mountains at this time. He came a
part of the way on horseback and part on foot. He says in a week, if the
weather keeps good, the road can be put in good traveling condition for
pack trains, and in a month for teams. There was but little snow on the
mountains; the weather was clear, cold and freezing. Goss, the
superintendent of the county road, is vigorously at work on it, and the
proprietors of public houses on it are rendering him every assistance.
They are filling up the gulleys, shoveling off the small stones,
clearing away the brush and removing the trees and bowlders, which cover
and obstruct it at many places. It will take a large force to remove some
of the trees and bowlders, and the superintendent is authorized to employ
a large number of hands when they can be worked advantageously. The
weather is too unsettled for him to do so at present. The freshet washed
away the walls on part of it, and it will take some time to put them up
as strongly as they were before the flood, but they can be temporarily
repaired so as to admit of traveling. The superintendent is energetic and
industrious, and will improve the road as rapidly as the weather will permit.
Since our last issue several more land slides have occurred on the Carson
valley road, between Brockliss' and the summit, but not so large or of
so dangerous a character as those noticed in our columns. They have not
injured the road to a great extent, and the little damage they did can
easily and speedily be repaired. So says our informant, who saw them.
A GLEAM OF SUNSHINE.--Under this head the Stockton Independent of
January 24th, thus discourses:
On the west side of the San Joaquin, though a great deal of property
has been swept away in the shape of fences, ferry boats, barns and
houses, it is now generally believed but little stock, comparatively
speaking has been drowned. A large cattle raiser from that part of
the country informed us yesterday that most of his neighbors had saved
nearly all their stock, which, on the first rise of the river fled
away to the foothills of the Diablo range where pasture is already
becoming good enough to subsist them, and where there is not the least
danger from floods. He is of opinion that only the weakest and poorest
of the herds have perished, and thinks that on his side of the river the
proportion of one in ten is a liberal allowance to make for loss. He
says at present, from the excited state of the public mind, every
statement is exaggerated, but as the waters sabside, it will be
gradually manifested that not enough stock has perished to affect the
prices of cattle and beef. We only hope his opinions may be well founded,
but it is to be feared that his section is an exception to the general rule.
FISHING FOR THE WELL.--Brastow--Wells, Fargo & Co.'s messenger--coming
from Shasta to Red Bluff, during the time of high water last week, saw
a woman on Cottonwood wading about in three feet of water with a tin
bucket in one hand and a long pole in the other, making sundry pokes
with the pole aforesaid in the water on the right and left and front
as she waded along. On inquiry what she was about, she informed our
indomitable expressman that "the children in the house were crying for
water, and she was out hunting for the well!"--Red Bluff
Independent.
THE MIDDLE FORK.--Maine Bar, which contained more houses, two to one,
than any village on the river, has been entirely carried away. The first
floods destroyed the one half of the place, and the high water of the
11th, January swept away all the balance. Paradise was not even excepted
from the destructive element--while its neighbor Wildcat fared equally
as bad. The river at the present writing--Sunday noon, January 19th--is
higher than it has been known for eight years, except during the recent
flood.--Placer Courier.
THE LEGISLATURE.--This august body has done nothing yet worthy of the
least notice, except, perhaps, to provide themselves with money from
the Swamp Land Fund, try to remove the Capital and adjourn for a week's
spree at San Francisco. The members seem to think that there has been
no storms except at Sacramento, and if they only get away from here they
will pass directly to dry land and sunshine,--Cor. [?] Placer Herald,
Jan. 16th.
p. 2
NEWS OF THE MORNING.
. . .
Yesterday was one of the coldest days ever experienced in Sacramento,
and there was a slight fall of snow in the morning. The river continues
to fall slowly, and the water continues to recede from our streets. . . . .
HOWARD ASSOCIATION.--The boat that went to the section between between [sic]
the upper and lower Stockton roads brought up two families, and relieved
others who were destitute. The San Francisco relief boats Volunteer and
Rescue were provisioned and started on Sunday to run down inland as far
as practicable, then strike the river, meet the down boat, and proceed
home. The generous boatmen have performed their labors with cheerfulness
and alacrity, and tendered their gratuitous services to the Society at
any time they might be called upon. About one hundred have left the
Pavilion for their homes, now free from water, and were fitted out as
the stores of the Society permitted. Two stations have been closed, and
there are now but three hundred at the remainder, as they return to their
own homes as fast as the receding waters will permit. The demands of
yesterday for fuel and clothing were numerous, and the severe cold weather
produces a new phase of distress and suffering. On Sunday, six packages
of clothing and one case of boots were received from the San Francisco
Relief Committee. Donations have been received from Mountain Forest
Lodge, F. and A. M., Eureka, Sierra county, $100; Citizens of Dutch Flat
(the third amount), $17 50; Citizens of Grass Valley, the princely sum of
$2,305, and from the Sacramento Rangers, Benicia, $260. The two latter
amounts and the sources deserve especial notice, and the donors will
receive the plaudits of the people of the entire State. Sickness prevails
at the Pavilion among the children, principally scarlet fever, and they
receive the best of nursing and medical treatment. The end of the labors
of this Association is not yet to be seen, and the dispensations are
curtailed so as to eke out the funds at disposal. The people in every
quarter seem willing and ready to strengthen the hands of the members of
the Society, and there is little doubt but that ample means will come
to hand.
THE MACADAMIZED ROAD AND LEVEE.
The elaborate plan prepared by our correspondent, T., and published
yesterday, for providing a levee by chartering a company to build a
macadamized road along the American to the high land by Brighton,
has doubtless attracted some attention. We remarked yesterday that
it appeared too complicated, and would be likely to cost so much that
the travel which would naturally be attracted to it would be insufficient
to enable the company to realize enough annually to pay interest and
expenses. But upon further reflection, we conclude that a condition
of things may arise which would place such a project in a position
so favorable as to justify its adoption.
Two plans have been advocated; one looking to an inside levee,
extending from I street to Twenty-second or Thirty-first street,
thence south to R, down R to Front, and up Front to I; the other to
build a levee up the American to the high land at or near Brighton.
The former is urged as the plan which should be adopted by some of
our most energetic citizens, and if it is decided upon by the
tax-payers of the city, the macadamized road project might be made
available. Should this levee around the city be built, a wagon road
to the interior, passable at all seasons, and so located as not to
prove a dam to turn the water upon the city, would be imperatively
demanded. To obviate all danger of its proving an obstruction to
the flow of water past the city, should it again break over east of
Thirty-first street, the elevated road should be located on the north
side of the city, and in a position where it would operate as a levee
to protect, instead of assisting to overflow it. But, in order to be
rendered available as a road, the company would find it necessary to
run their line as straight from I street to the high land as would be
consistent with the levee object. The more direct the line the better
for a road as well as for a levee, provided it were near enough to the
river to answer that purpose. Doubtless a road macadmized and kept free
from dust in the Summer and mud in the Winter, on which low tolls were
charged, would attract a great portion of the pleasure riding of the
city, as well as the stages, and a good share of the loaded wagons.
This would certainly be the case, provided the city made no effort to
build a road from any other point to the high land. But a macadamized
road ought to extend beyond the high land at Brighton. It should extend
east so as to strike the point where the roads to Jackson, Placerville,
Coloma and Folsom branch from a common trunk road after leaving the
city. It seems to us, however, that another object should also be kept
in view, and that is the bringing in of any railroad which may enter the
city on the same line upon which it is proposed to locate the macadamized
road. By uniting the embankments necessary for the two, it would form
a barrier against which the waters of the American would beat in vain.
It may be urged that the locomotive would render the macadamized road
useless for pleasure parties by frightening horses; but this difficulty
could be surmounted to a great extent by taking proper precaution.
Although the flood of January 10th demonstrated that it was high enough
to have come into the city had no railroad been in existence, still,
prudence dictates that no railroad or macadamized embankment should
be permitted to be built on a line running into the south side of the
city. In self defense the city should insist that no railroad nor wagon
road, on a high and solid embankment, shall be built so far south of
the American river as to dam the water up against any east levee which
may be raised, or which would have a tendency to turn the floods upon
Sacramento, if no east levee existed, should the water again burst its
bounds on that river. The December flood, in our judgment, would not
have entered the city to have done any material damage had not the
solid embankment of the railroad stood in its way, but that of the
tenth of January was high enough to have overtopped the Thirty-first
and R street levees had the railroad been out of the way.
However, all risks from obstructions by railroads or wagon road
embankments ought to be avoided, if possible, in the future. It
matters not how much trestle work is built upon either; the openings
thus left will prove insufficient as the embankments on each side
will obstruct the free flow of the water in a flood like that of
the 9th of December, to such an extent as to render it doubtful
whether it would not be forced in immense masses towards the city,
notwithstanding the trestle work openings. The safe policy, therefore,
is to have the coast entirely clear south and east of Thirty-first
street, from this time forward. In the event of the water breaking
over from the American another season as it did a few days since from
Patterson's down to Smith's, it should have an uninterrupted passage
past the city.
REMOVAL.--In the course of the debate in the Assembly upon the majority
and minority reports from the Committee appointed to procure a house
for the session, Mr. Fay, of San Francisco, who argued against going
to Hayes' Park from the former United States Court rooms, in which the
members were then sitting, in the course of his remarks, said:
There are many reasons why it is not a matter of economy to remove,
and more particularly this reason, that, as I believe, it is but an
indication of an inducement for the permanent removal of the Capital
from Sacramento. I desire to enter my protest against it. Sacramento
is to-day the Capital, and she is entitled to it until the people
decide that it is not the proper place. And if in the future it can
be demonstrated to the people of this State, by the building of
levees and putting that city in a proper condition, that that is
the proper place for the Capital, for one I am not going to raise
my voice against it.
The foregoing does not correspond with what a San Francisco member was
heard to say the day the resolution to adjourn was passed. He said:
"Let us get the Legislature to San Francisco, and then see if they
ever get it away again." Insincerity has been exhibited by somebody
connected with the delegation.
MISREPRESENTATION.--The San Juan Press of January 18th has the following:
There must, we think, be some mistake in the news from Sacramento which
states that the water was running over the floors of the Senate and
Assembly Chambers. The Capitol is located on high ground, and these
chambers are in the second story, at least fifteen feet above the
ground level. If the statement be true, many brick houses, located on
depressed spots, would be completely submerged, if not entirely destroyed.
The above was taken from an extra published by the Nevada Transcript,
which newspaper has published more misstatements about the flood
in Sacramento than any other journal in the State, not excepting the
San Francisco Call. Instead of the water running over the floors
of the Senate and Assembly Chambers, it did not come within twenty feet
of them. The members had, during all their session in Sacramento, dry
and carpeted floors, on which to legislate at their ease, and there was
no good reason why they should neglect the business of the State and
tramp off like a band of wandering gipsies to San Francisco.
PLACER COUNTY.--Two bridges have been saved from destruction in this
county. These are the suspension bridges at Murderer's bar, on the
middle fork of the American river, and Condemed bar, on the north
fork, above Folsom.
LEGALITY OF THE ADJOURNMENT.
The San Francisco correspondent of the Marysville Express says
there is a good deal of doubt still prevailing as to the
constitutionality of the adjournment of the Legislature from the
Capital to San Francisco by concurrent resolution. It is thought by
many that no Act passed in San Francisco will be held valid by the
Courts. If such should be the result, woe to those who voted for the
resolution. Whether legal or illegal, it is certainly setting up a
claim to a dangerous power; if the Legislature can by joint resolution
adjourn to San Francisco, the same vote will pass a resolution to
adjourn to Los Angeles. The next Legislature may conclude that neither
San Francisco, Los Angeles, nor the Capital will answer for holding
the session, and therefore the members determine by a majority vote
to adjourn from the Capital to Stockton or Marysville. The power
claimed is, that members may adjourn by joint resolution from the
Capital to any point the convenience, comfort or pleasure of members
dictated. If a flood, which has desolated the State, is advanced in
justification in one instance, a destructive hurricane, an earthquake,
the cholera, the small pox, or the yellow fever might be assigned as
a good reason for other adjournments from the Capital to some place
where the members would imagine themselves safe and comfortable.
The true policy, as well as the line of duty in all such cases, would
be to adjourn sine die, and let the Governor call the body
together under more favorable circumstances; and had Governor
Stanford boldly taken ground in favor of an adjournment until Spring,
we have faith to believe the proposition would have carried. The
condition of the State in consequence of the damage caused by floods,
would have presented a foundation broad enough and strong enough for
sending in a vigorous message, recommending the postponement of all
legislation except the passage of a few Acts until Spring. There is
a very general impression prevailing here that Governor Stanford was
not equal to the occasion when the concurrent resolution to adjourn
to San Francisco was under consideration. His administration and party
are likely to be held responsible for the unmanly and impolitic, if
not unconstitutional act.
It is probable that the opinion of the Attorney General had a good
deal of influence upon the vote, though individually he declared
his opposition to the temporary adjournment. But his legal opinion
is not law, and the Supreme Court may possibly take a different
view of the case. He expressed doubts as a to the policy of
adjourning, as there was, notwithstanding his opinion, doubts as
to the power of the Legislature to adjourn by concurrent resolution.
In closing his opinion, the Attorney General said:
The magnitude of the interests involved, the peculiar and most
unfortunate condition of the State, rendering it most probable
that legislative action will be required to relieve our people
from the embarrassments of the widespread calamity with which
the whole State seems to have been visited; the fact that very
important amendments to the Constitution will claim your consideration
at this session, impress me with the conviction that you should
act with great deliberation in this matter, and that no consideration
of mere personal convenience should weigh against the possibility
of the commission of an error fraught with such serious results
as would be a mistake in this matter.
I regret that an opinion cannot, in advance of the final disposition
of this question, be obtained from the Supreme Court of this State,
and it is a matter of personal concern to myself that I have had so
limited an opportunity for the investigation of a question so new to
me, and of so grave and important a character.
I have endeavored, however, to perform the duty required of me by
your resolution in fidelity to the duties of my office, and to the
law, and it is my opinion that, in view of the absence of any provision
of the Constitution inhibiting a legislative removal, or any law
declaring that the Legislature shall hold its session at the Capital,
with my understanding and interpretation of section 15, Article IV,
of the Constitution, in view of the absolute powers of the Legislature
to control and direct their own movements, knowing that in the history
of the past, Legislatures of several of the States have been temporarily
removed, and on one occasion the national Capital has been driven by
foreign invasion to seek safety for its members, and its archives;
reasoning from the philosophy and the principle involved in this
discussion, I can come to no other conclusion than that the Legislature
may, by concurrent resolution of a majority of both Houses, adjourn
for more than three days, and to any place within the boundaries of
this State other than the present established seat of government. And
that in the event of such adjournment, the fact would not affect the
validity of any laws which might be passed at such place of temporary
adjournment.
The Attorney General argues that the power of the Legislature to control
its own movements and the absence of any law or constitutional
provision requiring that body to convene at the Capital, leave it at
liberty to adjourn to any point it may select. Admit this reasoning
to be correct, and the Legislature may adjourn from place to place
during the session, and as it is absolute over its own movements, it
might adjourn to the Sandwich Islands. The Constitution does not
provide that the Legislature shall meet in the State, but would that
authorize it to hold its sessions in Nevada Territory? The Legislature
may not do everything which the Constitution does not prohibit. The
absence of a clause requiring the Legislature to meet in the State,
will not authorize that body to adjourn to meet in another State. It
is not a whit more logical to argue, because the Constitution does not
declare that the sessions shall be held at the Capital, that the
Legislature may adjourn to another place by a concurrent resolution.
The Constitution provided for a Capital as the seat of the State
Government. The Legislature is a co-ordinate branch of that Government,
and hence the Constitution intended that the sessions should be held at
the Capital. Where else can they be legally held? The Attorney General
says the Legislature, as it is the absolute master of its own movements,
may adjourn from the Capital to another place. The Supreme Court may not
agree with the Attorney General, and in that event all the Acts passed
in San Francisco would be null and void. The Legislature is making a
dangerous experiment. . . .
POTATOES.--Immense quantities of potatoes are constantly coming into
market from Bodega and the coast thereabouts. One house yesterday
received 1,800 sacks, and today California growth are dull at three
cents. Humboldt potatoes are scarce, and command nearly one cent more,
at which they will probably rule until the arrival of another steamer
from the northern ports.--S. F. Journal, Jan. 24th.
The above information is gratifying, as good potatoes are scarce, and
dealers in the interior, not excepting Sacramento, are asking great
prices for them. A few shipments to the interior towns will not operate
badly.
SUGGESTIONS.--The Sacramento correspondent of the Alta has
the following:
It has been proposed to cut a canal through Knight's Ferry above the
mouth of Feather river, through Yolo county, so as to let off the
superabundant water into Suisun Bay. This suggestion, if carried
out in connection with one already proposed, to wit, the cutting of
a ditch from the American above town, through to the low lands below
the R street levee, would effectually preclude any serious damage by
freshets in and around Sacramento.
ACCIDENT.--A miner named Robert Jeffries had his thigh fractured lately,
by the caving of a bank in the claims of Hiscox & Co., near Sweetland,
Nevada county.
CITY INTELLIGENCE.
POLICE COURT.--The following business was disposed of in the Police Court
yesterday by Judge Gilmer: A. Larouche, charged with the larceny of a boat,
was acquitted. . . . Sinclair and Halloway waving time, were fined $15
each. The parties had had a boat quarrel on Second street, near J, from
which the above charges arose. . . . The case of Rodifer, Dorsey, Morgan
and Green, charged with grand larceny, in stealing powder, was continued
until to-day. . . .
A COLD DAY.--Yesterday was one of the coldest days ever experienced
in Sacramento. The day set in with a light hail storm in the morning,
and during the entire day still water froze in the shade. The thermometer
at Dr. Logan's stood at seven o'clock in the morning, and the same hour
in the evening, at about thirty six degrees above zero. At nine o'clock
in the evening that of the Union office exposed at the third story
window, stood at thirty-four degrees. As thirty-two degrees is the
freezing point, and as ice was found before the thermometer fell to
that point, it would appear that either the thermometer don't know how
far to fall or the water don't know when to begin to freeze. Dr. Logan's
thermometer was partially sheltered at the rear of his store. It was
thought by many that yesterday was the coldest day ever experienced in
the city, but we are informed that Sutter slough was frozen over on the
6th of January, 1854, which was not the case yesterday.
THE POWDER LARCENY.--The case of William Dorsey, Charles Morgan,
Austin Rodifer and William Green, charged with grand larceny in stealing
powder, is set for examination in the Police Court this morning.
Massol & Merwin and J. & P. Carolan have a powder house near T and
fifteenth streets, divided by a wall, with a door at each end, and
R. M. Oppenheim has a separate house a few rods off. All the doors
were found broken open some two weeks ago, and a large quantity of
powder was found to be missing. Soon afterward large quantities of
powder were found afloat below the city, that which was not stolen
having floated off. Huntington & Hopkins have a powder house near
Third and V streets, which has not been broken open. Powder marked
with their brand had, however, been sold to the other dealers, and
has consequently been found afloat.
SEA VOYAGE FROM PLACER.--A resident of Virginia, Placer county,
named U. Mayo, and two companions, built and launched a boat at
that place last week, for the purpose of making a sea voyage to
Sacramento. They started on Friday and came down Auburn ravine to
where the waters of that stream empty into the inland sea which
extends to the northeast of the city some fifteen or twenty miles,
and thence to the city. They think they traveled some fifty miles
in all, and arrived here on Saturday, in about twelve hours traveling
time. Some two or three years ago one or two persons were drowned
in attempting to make a trip from the same point. . . .
THE WATER GAUGE.--The city water gauge, at the foot of N street, which
for five or six years has kept watch over the Sacramento, reporting
faithfully its rise and fall at all times and seasons, was carried away
yesterday, and will report no longer of the coming and the going of the
floods. The steamer Gem, the night before her excursion to Dunn's garden,
floated against the gauge and broke it so nearly off that it has been
extremely shaky ever since. Yesterday the current proved too strong for
it and it was carried off.
LOSS TO SACRAMENTANS.--J. F. Roberts, of this city, received a letter
yesterday from Grizzly Flat, El Dorado county, informing him that the
quartz mill of Roberts & Co., in which he was interested, had been
destroyed by the flood. The water wheel and one arastra of the mill
of J. D. Treat, of the Antelope Restaurant, had also been carried away.
The same letter stated that the mills of Knox and Morey, at the same
place, had been destroyed. The letter was dated January 10, 1862
DUST.--At the risk of rousing the ire of the weather clerk and bringing
another flood upon our city, as did our Stockton friends a few weeks
since, we unhesitatingly state the fact that the dust was flying on
J street and the levee yesterday, to the inconvenience of pedestrians.
Where it came from it is difficult to imagine, as the surface of the
streets was covered with frozen mud.
IMMENSE DEPOSITS.--An immense deposit of sand and sediment is being made
in the eastern portion of the city, by the stream of water which comes
in through the crevasse at the tannery. There is three or four feet in
depth of it already in the vicinity of Agricultural Park. In many other
places it is twice that depth. There will be no scarcity of material for
new levees in that vicinity.
THE CHANCES FOR SKATING.--Those who have amused themselves to their
heart's content in the exercise of boating during the past two weeks,
had better prepare themselves with skates, if we may judge of the
prospects by the temperature of yesterday. Although there was no ice
thick enough for that exercise, there was no time in the day at which
still water did not freeze in the shade. . . .
ARRESTS.--. . . James Lantree and Charles Lawson were arrested by officer
Yates, for petty larceny in stealing a boat belonging to the California
Steam Navigation Company. . . .
THE CITY FLEET.--There were no less than sixty-four boats moored on
Third street, between K and L streets, yesterday afternoon. As this is
but one of five or six embarcaderos, it is evident that we have a large
fleet of them.
HAIL.--A shower of hail fell in the region of Sacramento at about seven
o'clock yesterday morning. Wherever it fell upon dry ground it lay for
an hour or two without melting. . . .
DAMAGE ON BEAR RIVER.--From all accounts the several freshets have
caused incalculable damage to the splendid farming lands on Bear
river. Perhaps no stream in the State, of the same size, contained
so large a deposit of debris of the mines, it being the receptacle
of the tailings from extensive diggings in Placer and Nevada counties.
In places this deposit was thirty and forty feet in depth. Much of this
material has been washed to the valley, and spreading over the beautiful
bottom lands of Bear river, has in places left five and six feet of
sand and gravel We doubt if the loss of cattle, fencing, grain, etc.,
will compare with the damage caused by this filling in process. At
Johnson's crossing Bear river is said to have changed its channel, the
main stream being through the slough, a short distance south of the old
river. This diversion of the stream saved the bridge over Bear river, as
that structure has withstood all the floods in safety. The slough (or
river) is crossed by ferry.--Placer Herald. . . .
OWNERS WANTED.--A lot of powder at Clark's ranch, at Eleventh and X
streets, and another at Williams' ranch, below the Cemetery, picked up
adrift, await owners. . . .
RAINS IN CALIFORNIA.
MICHIGAN BLUFFS, January 8, 1862.
EDITORS UNION: After being confined to our cabins for weeks, patiently
waiting for the storm to cease, we naturally begin to wonder what the
past has been. I find the following, which I would like to see in the
Union. . . .
[In connection with the above, we add the following statistics.
--Eds. UNION.]
The San Francisco Bulletin has the annexed
The amount of rain that fell in this city during September last was 0.02
inches, in October none, in November 4.10 inches, in December 9.54, and
the present January 23.01--making a total for the season of 36.67 inches.
The last of the heavy rain was on the 17th instant. The record for the
past nine seasons now stands:
Total for the season of 1853 and 1854 28.81 inches.
Total for the season of 1854 and 1855 23.68 inches.
Total for the season of 1855 and 1856 21.66 inches.
Total for the season of 1856 and 1857 19.91 inches.
Total for the season of 1857 and 1858 21.81 inches.
Total for the season of 1853 and 1859 22.22 inches.
Total for the season of 1859 and 1860 22.27 inches.
Total for the season of 1860 and 1861 19.72 inches.
Total for the season of 1861 and 1862 so far 36.67 inches.
The following, says the Alta, is a correct transcript of the
meteorological record kept by Thomas Tennent, of this city, of the
rainy days, and amount of rain which fell each day during the present
season. The quantity is given in inches and hundredths:
1861. 1861.
September 2 0.02 December 26 2.02
November 10 0.27 December 27 0.28
November 12 0.74 December 28 0.17
November 13 0.29 December 29 0.70
November 14 0.05 December 30 1.25
November 15 0.08 December 31 0.25 [Dec tot 9.59?]
November 16 0.39 1862.
November 17 0.22 January 5 2.67
November 19 0.56 January 6 1.49
November 26 0.48 January 8 1.35
November 27 0.60 January 9 3.50
November 29 0.08 January 10 2.46
November 30 0.34 January 11 1.25
December 1 0 05 January 13 0.22
December 3 0.07 January 15 0.49
December 6 1.02 January 16 2.46
December 7 0.29 January 17 2.64
December 8 1.65 January 18 0.52
December 9 0.18 January 19 0.72
December 16 0.01 January 20 1.69
December 22 0.03 January 21 0.55
December 23 1.06 January 22 1.00
December 24 0.56
RECAPITULATION:
September 0.02
November 4.10
December 9.54
January 23.01
_____
Total 36.67
. . . .
FLOOD AND FATAL ACCIDENT IN SIERRA.--The following particulars are from
the Sierra Democrat of Jaruary 25th:
A distressing accident occurred at the Durgan crossing of the North Yuba,
in this place, at three P. M., Thursday. A boatswain's chair has been used
there since the flood took away the bridge. But a single passenger could
cross on that at a time, and other parties rigged a small flat boat a few
rods below, in which several persons at a time were ferried
across--propelled by the current. At the time of the accident here
mentioned, three men and three boys had started from this side for
Durgan Flat. The boat shipped a little water before reaching the center
of the current, and the men sprang for the ropes. That so disturbed the
balance of the craft that the water dashed over, and two men and two boys
fell overboard and went down the stream. The men made the eddy below
Norton's slaughter house, and swam out. The two boys, Willy Booth and
Henry McKinsey (son of our Postmaster), were drowned. Henry could not
swim much, if at all, and probably sank without a struggle. Willy was
a good swimmer, and made a desperate and almost successful effort to
reach the shore. A boy saw him swimming up to within six feet of the
shore, when he suddenly went down. The water was deep in the eddy, and
he could only have got out by swimming. Parties went on foot and horse
down as far as Goodyear's Bar, but nothing could be seen of the bodies
of the drowned boys. Both were smart, intelligent and active boys, well
known by everybody in town; and the report of the accident by which
they lost their lives had a marked effect on the community, Willy Booth
was about twelve years of age, and Henry McKinsey about ten.
A monster land slide is impending over the north side of town. At ten
o'clock Thursday morning a crack was discovered near the top of the
mountain, separating the upper side of about five acres of ground from
the main body of earth. The crack gradually widened, and many who climbed
up, expressed a fear that the mass would come with a rush and sweep
several buildings with it. A thorough reconnoiter, however, dissipated
these fears, and now nobody apprehends serious damage from the slide.
Unless a heavy rain shall come soon, the chance is the loose earth will
come so gradually down as scarcely to be noticed.
A water spout gushed out of the side of the mountain on Wednesday at
nine o'clock A. M. The water came in so large a volume as to flood
Retiker's stable and overflow Main street for a considerable distance,
filling up cellars and damaging some property. A large amount of flour
was brought up from cellars barely in time to save it.
Goodyear's Bar has been badly torn up by the flood. Jacob White lost
his house built last Summer, and also his barn, fences, etc.
CAUSE OF THE STORM.--The heavy fall of rain with which we are visited
is not without a cause. We shall attempt to give, briefly, the
circumstances which are supposed to be responsible for the annual
rainy season of our State.
California, by Lieutenant Maury, is regarded in the light of a condenser
of a grand steam machine, the boiler of which is in the southeast
trade winds. Our rainy season is the Summer of the southern
hemisphere, when the fervid sun is attracting to the clouds immense
quantities of water. In other words, the boiler is doing its best at
this season manufacturing vapor to be borne along by the southeast
trade winds till meeting with wind blowing upon the coast the
surcharged clouds are driven upon the mountains of California and
the vapor condensed and precipitated in the form of rain or snow.
While evaporation is going on rapidly in the regions of torrid heat,
and while the winds continue to bear moisture on their course, we may
expect our mountains to perform their appointed office of condensers
and the water sheds of the State to run with water, and the valleys to
overflow with its abundance. How long the storm will continue depends
upon the action of the sun in those regions subject at this time to
his powerful heat, and the continuance of the same winds that bear
vapors to our shores. The quantity of rain that has already fallen
is great--far above the average that annually falls in the northern
hemisphere. The mean annual fall on the earth is estimated at about
five feet, and in the north temperate zone thirty-seven inches. The
annual fall of rain in the tropics of the Old World is estimated at
seventy-seven inches, and in the trcpics of the New at one hundred
and fifteen inches. The amount of precipitation varies greatly in
different localities in the same latitude. Those countries that have
abrupt mountain chains near the ocean are in general visited with the
most copious discharges from the clouds.
California is undoubtedly regarded by many, especially since the
present rainy season commenced, as the best rain-visited country on
earth. But it is not so. We have seen no authoritative account of the
quantity of water that has fallen, but it is not probably more than
seven feet. This is a heavy fall, yet rain has fallen at Paramaribo,
in South America, in one season, to the depth of 229 inches or 19 feet,
23 feet in Brazil, and 25 feet on the western side of the Ghaut mountains
in South Bombay. In the latter, place twelve and fifteen inches have been
known to fall in a day. On the western coast of Patagonia 153 inches, or
near thirteen feet of water, have been known to fall in forty-one days.
This is probably more than double the amount that has ever fallen in
California in the same length of time, or at least since it has been
settled by Americans. As, however, the aqueous distillation still goes
on, it is barely possible California may yet take the premium before
the rainy season is over.--Nevada Transcript.
DAMAGE TO DITCH PROPERTY.--Considerable damage has been suffered by
the Feather River and Ophir Water Company dnring the late flood, by
the partial washing away of the head dam on the South Fork, above
Enterprise--the loss of several hundred feet of flume and the filling
up of the ditch by land slides. Preparations are already being made by
the Company to repair damages, and they confidently expect, weather
permitting, to have the water running again by the first of April.
We have heard no estimate made of the damages sustained, but they will
amount to several thousand dollars. The loss of water will be seriously
felt by the miners and the community generally.--Butte Record. . . .
Sacramento Daily Union, Volume 22, Number 3381, 29 January 1862, p. 1
THE TELEGRAPH O. K.
COMMUNICATION IS OPEN WITH
Carson Valley and the East. Also, with Folsom, El Dorado, Diamond Springs,
Placerville, Coloma, Auburn, Grass Valley, Nevada, North San Juan,
Camptonville, Forest City, Downieville, Timbuctoo, Volcano, Jackson
and Mokelumne Hill.
Dispatches are received at the office on Second street, and at the
Telegraph Station at Poverty Hill.
j27 JAMES GAMBLE, Superintendent,
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION]
ASSEMBLY
[The following is the conclusion of Saturday's proceedings in the Assembly:]
SAN FRANCISCO, January 24, 1862.
. . . .
PROPOSED REMOVAL OF STATE OFFICES.
The House proceeded to the consideration of Senate messages, and Senate
bill No. 16--an Act to fix the temporary resldence of State officers of
this State, and to repeal all laws in conflict therewith--was read twice.
Mr. SHANNON moved to refer the bill to the Committee of Ways and Means.
Mr. O'BRIEN said he thought there was a legal question involved, and
therefore he moved as an amendment that it be referred to the Judiciary
Committee.
Mr. PORTER--I desire to second that motion. It occurs to me that the
passage of an Act requiring the removal of the Governor and Heads of
Departments to a place which is not the Capital of the State, does
involve a legal question. The Constitution requires that those
officers shall reside at the seat of government, and it will be
necessary to so amend that bill as to declare the city of San
Francisco the temporary seat of government.
Mr. SHANNON--I beg leave to differ with the gentleman from Calaveras
(Mr. O Brien) in reference to this matter. As I understand it, there
is no question of law at all in the premises. The only question
involved is simply the propriety or necessity of this temporary removal,
and that is a question which comes properly before the Committee of Ways
and Means. If upon investigation the Committee discover that this
Legislature can be held in this city without removing those
officers--that money can be saved by doing without them--they will of
course report against removing them. I imagine that they may discover
that it will be easier and cheaper to transact the business by means
of one or two messengers, which would cost only a few hundreds during
the session, while it will cost thousands to remove those officers to
this city and back again. These are the questions involved, and there
are no legal questions about it. I think it can be shown that there is
no necessity for removing them; but I am willing the bill should go to
the Committee of Ways and Means to investigate the facts, and the cost,
and the necessity of removal.
Mr. AMES moved to add that the Committee report at eleven o'clock
A. M on Monday.
Mr. SHANNON accepted the amendment.
Mr. BELL said, as a member of the Committee on the Judiciary, he would
be happy to act upon this bill, but he had taken such positive and
decided ground against the removal, in any shape, that he wis afraid
it would hardly be considered fair to the friends of the bill to refer
it to a Committee where he must sit in judgment upon it. He supposed
he had already decided upon the merits of the bill, and could not be
looked upon as an impartial judge.
Mr. O'BRIEN said, with permission of the House, he would withdraw the
amendment, as he saw the Chairman of the Judiciary Committee had weakened.
Mr. BATTLES objected to withdrawing the amendment.
Mr. SHANNON insisted, as a question of order, that Mr. O'Brien's
amendment, naming another Standing Committee, could not take precedence
of his motion.
Mr. BENTON raised anrther question of order, that Mr. O'Brien had a
right to withdraw his amendment, as no vote had been taken upon it.
Some discussion of unimportant questions of order ensued, after which
the bill was referred to the Committee of Ways and Means, with
instructions to report on Monday.
Mr. SHANNON moved an adjournment, to enable the Committee to set
carpenters and others to work to prepare the Hall..
The SPEAKER said he was informed that there was no necessity of
adjournment on that account; the House could remain in session as
long as it was desirable.
Mr. SHANNON said then he had been misinformed, and would withdraw
the motion. . . .
At thirty six minutes past one o'clock P. M., the House adjourned to meet
at eleven o'clock A. M. on Monday. . . .
THE FLOOD IN SHASTA.--The Courier of Jan. 25th has the annexed:
During the past two weeks it has rained almost incessantly. The snow
fell to the depth of eight inches or more in Shasta, and was melted off
by drizzling rains. On Wednesday evening last the Sacramento river was
at its highest stage, three feet and a half higher than it has been at
any previous time this Winter. This freshet has done no material damage,
as all but three bridges in this county were swept away by the previous
floods. Swinford & Knox's sawmill, at the mouth of Spring creek, was
damaged by some of the framed timbers and wheels being carried off,
together with some of the saw logs; also the boarding house attached
to the mill. Waugh's ferry house, on the Sacramento river, was carried
away, together with the small boat belonging to the ferry. This freshet
was very extensive on all the streams in this county; but perhaps no
county in the State, except Tehama, has suffered less by actual loss
from overflow than Shasta. Temporary personal inconvenience and pecuniary
losses to a very limited extent, is the summing up of the damage caused
by the last great flood in Shasta county.
UNKIND AND IN BAD TASTE.--The editor of the Nevada Transcript, now on a
visit to Sacramento and the Bay, seems to harbor a most unkind and
illiberal feeling towards the suffering and submerged city of Sacramento.
As if in derision of the misfortunes of its citizens, he dates his letters
from that city, "Mudburg.' Such an exhibition of feeling is in exceeding
bad taste, to say the least, and we regret that any paper in Nevada county
should indulge in it.--Grass Valley National. . . .
REMOVAL OF THE LEGISLATURE.--The California Farmer says:
Better, far better, would it have been, if it was not convenient to
legislate, to have adjourned to the call of the Governor, or to April
or May (if the whole people did not need their aid), and to have refused
their pay, and not take the last dollar out of the treasury, or to have
donated it to restore the once beautiful "City of the Plains." How much
more like true legislators would this have been than to have retreated
from their dnty, and neglected to show an interest for a people so widely
and ruinously affected. What a spectacle does this act of our Legislature
present to the world, of a people of a whole State suffering a widespread
calamity, and the very guardians of that people (being then assembled)
leaving their posts without giving them relief, and leaving this great
work for spontaneous personal effort! As is the noble charity of San
Francisco to the people of Sacramento without a parallel, so is the
conduct of our legislators in their neglect of the people during these
times of distress and peril. And this, too, from those who have professed.
to be men of retrenchment and reform,
p. 2
NEWS OF THE MORNING.
. . .
THE LEGISLATURE.
. . .
In the Assembly on the same day, the Committee on Ways and Means asked for
another day in which to report upon the bill for removing certain State
offices.. . .
A Committee of three, to act in conjunction; with a Committee of the
Senate, was provided for to inquire into the damage by water to the
State Library, and to report necessary action in the premises. . . .
The Assembly was in session two hours and a half. . . .
WEATHER IN STOCKTON.--On the morning of January 26th (Sunday,) at
sunrise, the thermometer marked the freezing point in Stockton. . . .
THE SAN FRANCISCO MIRROR AND GOVERNOR STANFORD.
In an article headed "The UNION and Governor Stanford," the San
Francisco Mirror misrepresents the course and language of this
paper, volunteers a lame defense of the Governor and apologizes for his
not using his personal and political influence to prevent an adjournment
of the Legislature to San Francisco. Upon this point the Mirror--and we
presume it speaks by authority--says:
We need scarcely mention that Governor Stanford is one of the heaviest
sufferers by the flood in Sacramento. Pecuniarily, he is deeply
interested in retaining the Capital in that city. There he has lived
for many years--there reared his family altar--there planted the vine
and fig tree beside his own door. If he did not exert his personal and
political influence to prevent an adjournment of the Legislature to this
city, it is because he would not sacrifice public to private interest.
He saw that the business of the session could not be economically
transacted in the midst of ruin, want and inundation, and silently
acquiesced in the adoption of a measure effecting losses greater to
himself, perhaps, than the salary of his entire term of office. Such
an act speaks for itself. It tells us something of the character of
Governor Stanford, and will not be misinterpreted by the people. We
do not regret that the Governor did not exert his "personal and political
influence" in retaining the Legislature at Sacramento--nor will he
regret it in the future.
The Mirror in its defense admits that the Governor "did not
exert his personal and political influence in retaining the Legislature
at Sacramento." The fact is conceded, as charged, and an attempt is
made to justify his course on the ground that the Governor saw that the
business of legislation could not be transacted in Sacramento. Governor
Stanford, in our opinion, never admitted that "he saw that the business
of the session could not be economically transacted" in Sacramento. If
he did, he differs widely from other citizens, as well as from the
conclusions of people in the northern and eastern portions of the State.
The Mirror classes the Governor as one of the heaviest pecuniary
sufferers in Sacramento; this is a wide mistake, for he not long since
sold out his wholesale grocery business, and is only interested in the
oil and camphene business of Stanford Brothers, which firm could only
have been slightly injured. He is the owner of real estate here, and
interested, as are other citizens, in the prosperity of the city. But
we maintain that, as Governor, his private interest should not have
been permitted to intrude in the decision of a question before him in
which the good of the State was the question to be determined. Duty to
the people of the State required him to use all his personal and political
influence to prevent the Legislature from leaving the Capital for the
session. If he did not do it--and the Mirror considers that he
did not--we hold that he failed to discharge his duty to the public.
The plea that he is a personal sufferer by the flood, and that he thought
that the business of the State could not be done in Sacramento, will not
be accepted by the majority of the people of the State. To the people of
this city such a plea is a bitter sarcasm upon their misfortunes, uttered
by one they supposed to be a friend in need.
We are told his Excellency made a late trip to the Bay for the purpose
of exerting his influence to prevent the removal of the State offices
to San Francisco. If such were his mission, we hope he succeeded; it
is, however, a little singular that at the time he was there the name
of his Secretary of State should be used in debate as in favor of a
removal of the State officers. Secretary Weeks would, we think,
hesitate to advocate a policy in the premises not sanctioned by the
Governor. Other State officers are reported active in favor of a law
to transfer them to the Bay.
It is a fact worthy of note that we have been favored with clear and
pleasant weather from the day the Legislature voted to adjourn to San
Francisco, and that our business streets are in a condition favorable
for the transaction of business. A few days more of patience on the
part of members would have left them in a pleasanter condition for
transacting business than they occupy (judging from the accounts
received) in the Bay City.
LEGISLATIVE NOTICES.--The notices and references in the Legislators
since it convened in San Francisco, sound very like those which are
heard the first week of each session. They indicate to the people that
little or no progress has been made in legislation in the month which
has nearly passed since that body first met. in Sacramento. The work
of the session is yet to be done, and members seem to have settled
themselves in the Bay city for a long term, unless disturbed by an
earthquake. Considering the condition of the people of the State--the
immense losses they have sustained by the floods, and their consequent
inability to respond as usual when called upon for their taxes, it is
natural to suppose that members will feel called upon to reduce the
length of the session as much as possible. By reducing the length the
cost to the people is reduced in proportion. The cost of legislation
to California is much too great. It reached last session to near $300,000;
it ought to be curtailed at least one-half.
In legislation this year of floods and disasters the people should be
spared as much as possible. Indeed, judicious legislation will be needed
for their relief in various portions of the State. That part of
ex-Governor Downey's message relating to a law to compel the owners
of stock to take care of it, and to relieve farmers from the necessity
of fencing their crops was referred last week to a Committee, on motion
of Assembly Hoag of Yolo. The arguments of the Governor have been
strengthened by the wholesale destruction of fences in the valleys of
the State. If required to rebuild their fences after the water subsides,
the farmers in these valleys, who have lost everything but their land,
will be unable to raise a crop this season. To relieve them from this
dilemma a law as suggested by Governor Downey will be necessary, which
will protect crops from the encroachments of stock.
The experience of this season points out the necessity of a new system
of farming for the farmers living in the valleys of California. It
speaks in language not to be mistaken, of the impossibility of building
and securing fences in the Sacramento, San Joaqnin and other valleys,
against floods--at least until it is demonstrated that the rivers can be
successfully leveed. Therefore, the farmers in those valleys muat be
protected in making their crops, against trespass and damage by stock,
by law, instead of, as heretofore, by fences. One of the greatest items
of a farmer's experience in California is his fence account; relieve him
from that and his industry would be, as a general rule, much better
rewarded. Many farmers of experience argue that the stock of an ordinary
farm can be fed cheaper in a stable or yard, than by turning them into the
fields to graze. For large herds such a policy would not answer in
California, but the number which farmers generally own on the rivers,
could be fed or herded. Of course, where men own large tracts of land
and equally large numbers of cattle, they can afford to herd them in
the day, and corral them at night. This is a matter of deep interest
to the people of the overflowed valleys, and one which will be forced
upon the consideration of the Legislature. . . .
A PLAN TO EMPLOY CONVICTS.--Notice has been given by Mr. Morrison in
the Assembly of his intention to introduce a bill to authorize the cities
of Sacramento, Marysville and Stockton to hire from the State, at a
small compensation, a portion of the State convicts to work on levees.
That kind of labor might be advantageously employed for that purpose,
as the State would make a good bargain to hire convicts for a sum that
would barely pay the cost of feeding, clothing and safely keeping them.
But this year there will be so many men driven by the floods to seek
employment, that wages will probably be down to a low figure for
California. We hear that many of those who have lost pretty much
all by the flood below the city are ready and willing to take contracts
for building sections of the levee contemplated in District No. 2 at a
very low figure. An experiment has been tried as to the cost of making
the embankment per cubic yard, on the Sacramento, and it was found that
it could be done at twelve and a half cents. This is so low that but
little could be saved by hiring convicts at the cost of feeding them.
Of the bill of Morrison the Alta says:
As advantages for this plan, it is claimed that the State will be
relieved from the expense of maintaining the prisoners, amounting to
$120,000 annually; that the competition of the convict labor with the
mechanics will be at an end; that the work will be well done, Since
it will be necessary for each city to protect the population and
farming industry in its vicinity; and that the .State will be at
no expense and incur no risk. It is proposed further, that as an
encouragement to the convicts, those who labor faithfully for a
certain term shall have a credit for their labor, and that a
corresponding reduction shall be made in the term of imprisonment;
so that, for instance, two years of labor shall rednce the term of
imprisonment one year, or something upon that principle; and that
in cases where a prisoner shall have labored well for a long term,
he shall be entitled at his discharge to a warrant for one hundred
and sixty acres of land.
To show how great would be the advantage to the Sacramento valley,
the Alta submits this calculation:
The amount of land in the Sacramento basin overflowed of late, probably
does not exceed 6,000 square miles--a tract 200 miles long by 30 wide,
and of that area not more than one-eighth has been tilled. In 6,000
square miles, there are nearly 4.000,000 acres, and the entire number
of tilled acres in the State, is only about 1,000,000. There are,
therefore, 500,000 acres of tilled fields to be protected, and five
times as much pasture land. . . .
LETTER FROM SAN FRANCISCO.
[FROM OUR SPECIAL CORRESPONDENT.]
SAN FRANCISCO, January 27, 1862.
The old proverb that "two removes are as bad as a fire" might be
improved by adding "and one remove is as bad as a flood," for up to
this time the Legislature has about as many conveniences for doing
business as the head of a family has for getting dinner at home
during house-cleaning times. In both chambers this morning, the
hammers and planes of the carpenters filled the air with their din,
and when the time arrived for opening the session, the shavings and
sawdust were hastily brushed aside and the artisans temporarily
expelled, in order that for an hour or so the people's representatives
might go through the motions of doing some business. Governor Stanford
was in the lobby of the Senate Chamber this morning, looking blandly
at those around him, and bearing no marks upon his countenance of any
grief arising from the fact that in one House a bill has already passed
providing for the transplatantion [sic] of the majority of the State
officers to this city. Indeed, it could hardly be expected that his
Excellency would feel very sad over the prospect of the success of
a measure which was hurried through the Senate upon the representation
of a Senator that the Secretary of State was very desirous that the
same should not be delayed. Mr. Weeks was understood by Sacramentans
generally, I believe, to be opposed to the desertion of the Capital of
the State by the State authorities, and they will be surprised to see
his name invoked and his expressed wish made an argument in favor not
only of a general pulling up of stakes, but of the greatest possible
dispatch in connection therewith. The Secretary most undoubtedly
represented his superior officer, the Governor, in this business,
and the inference is that by some hook or crook, by some threat or
promise, the San Francisco Republican politicians have captured His
Excellency and prevailed upon him to aid them in whatever scheme may
be at the bottom of this removal business. There is a party here
favorable to the permanent location of the Capital in San Francisco, but
it is small and does not grow. While upon this subject, l am reminded
of a rumor which came to my ear yesterday, that one of your
Senators--Mr. Heacock--has ceased to be a Sacramentan, and that he had,
at a great sacrifice, sold his property in your county. I cannot vouch
for the truth of this, and as such a step would, if taken, be known
in Sacramento sooner than here, I only allude to it for the purpose of
saying that Sacramentans here with whom I have conversed seem very much
disposed to regret that they ever placed it in the power of Mr. Heacock
to treat them in such a manner, and some of them suggest that if he has,
as is reported, actually sold out (his property), he would best consult
good taste by resigning his position and ceasing to represent a community
of which he is no longer a member. . . .
The proposition in regard to a radical change in the law concerning
fences, will meet with some opposition. The stock raisers are as
unwilling to build fences as the small farmers are unable. One argument
used by the former is, that one man might harass a whole neighborhood
by putting in a little crop for the express purpose of being damaged
by the owners of stock, or compelling the erection of fences where the
same are unnecessary. There will, when the bill comes up for action,
be a struggle for and against exempting this or that county from its
provisions, and it is impossible now to form any opinion as to the
relative strength of the two conflicting interests in either branch
of the Legislature.
The Senate bill to remove certain State offices from Sacramento to
San Francisco was in the Assembly referred to a Committee, with
instructions to report upon the same this morning at eleven o'clock.
When this time arrived the Committee asked and were allowed another
day in which to report. The reason for the delay was stated to be
that the Chairman of the Committee would meanwhile return from
Sacramento, and be able to report the cost of the removal of the
State property. The members are exceedingly economical, and want
to know the price of tacks before a carpet is nailed down--a fact
which I am pleased to be able to communicate to those who thought
the late adjournment for a week, at an expense of $10,000 or $12,000,
was a piece of extravagance. Poor Richard's maxim--"Take care of
the pence, and the pounds will take care of themselves"--is evidently
believed in by the people's servants here. Members fight with
desperation against the appointment of a Porter at four dollars a
day, thereby taking care of the pence, while they let one hour go for
a day's work at $1,500 per day, thereby leaving the pounds to take
care of themselves.
A resolution to instruct the Committee on Swamp and Overflowed Lands
to inquire into the expediency of repealing the Swamp Land Act was
tabled in the Assembly by a very large vote. Saul, of Sacramento,
in speaking, upon the same made reference to the subject of reclamation
generally, and said in regard to the Capital city, that the energy
of her citizens would place her beyond the reach of all future
assaults from the torrents and from the insinuations of her enemies.
He was quite severe upon the members who made haste to run away from
temporary inconvenience at Sacramento. . . .
Passing through the hall, just now, I was somewhat surprised to see
cards posted upon the doors of two rocms, with the words "Controller's
Office" written upon each. One of the officers of the Senate informs
me that the State offices named in the Senate Migration Bill, which
Weeks so much desired should pass immediately, have all rushed hither
and selected rooms in the building, and the same officer pointed out
two rooms which Governor Stanford informed him he had selected for
himself. It seems that our State officials do as they please, and
trust to the passage of such laws as will accord with their movements.
Although the Assembly has as yet taken no action in the premises, it
is evident that the Governor and the other State officials are confident
that the bill can be pushed through. . . .
Last evening we ware visited by a squall of snow, hail and rain, and
to-day the weather is colder than I have ever before seen it at any
point in the State. Some of the removers are not particularly charmed
with the climate of San Francisco.
MOKELUMNE CITY.--A correspondent writing from Mokelumne City, Jan. 23d,
says of the flood there:
We are all under water. In my store the water is seven feet deep.
My stock is all ruined, most of it having been under water. The water
rose so rapidly that we had little time to prepare for it, and the few
goods that were raised up toppled and fell when the water rose a few
feet in the store. Yesterday the Ceylon, one of our regular packets,
sailed from here, taking a straight shoot across the tule for the San
Joaqain river. The water is yet rising, and I am fearfaul if we have
another flood tonight more houses must go.
IGNORANT SPECULATIONS.--We find the following in the Nevada Transcript
of a recent date:
It is a question whether the Sacramento valley can ever be defended
against floods to which it is occasionally subject by any system of
embankments by the river sides. We are impressed that no levees can
be constructed within the means of the present generation that will
offer a complete barrier against the waters of such a season as this.
It has been computed that had all the waters in the Sacramento valley
during the storm just over been confined to the Sacramento, or a channel
of equal breadth, a levee on each side a hundred feet high at least
would have been required at Sacramento City and below to convey those
waters to the sea.
The above is the veriest nonsense that was ever uttered. If the writer
of it would inform himself of the manner in which the great valleys of
Europe are protected from the floods of its largest rivers he would feel
ashamed of throwing out such ideas, which only tend to confuse the public
mind. Instead of a levee on the Sacramento of one hundred feet on each
side being required, one a few feet higher only than the present one
in front of this city would be necessary. All writers on the subject
agree in this, that confining a river within banks, natural or artificial,
the force of the current is proportionately increased, and a few feet
added to the hight of the levee or bank will serve to pass off rapidly
more than double the whole quantity of water that is wont to run
ordinarily in the channel of a stream in times of high water. We hope
in a few days to present some interesting statistics in this connection.
MATTERS IN EL DORADO.--A correspondent of the UNION, writing from Salmon
Falls, January 26th, says:
The late freshets have been very destructive to the people in these
parts. The new and splendid bridge erected one year ago by Richards,
at a cost of eleven thousand dollars, has been entirely carried away.
A fery boat is now being built, and it will not be long before teams
will be able to cross the river. On account of the scarcity of provisions
in the mines many articles have gone up to quite a high figure, but
it is supposed as soon as we can get into your city that prices will
recede. In addition to the loss of the bridge, much damage has been
done to the Natoma and Salmon Falls ditches. The entire dam has been
washed out and about one mile of flume and ditch has been destroyed.
It will cost a large sum to put them in order again. Many valuable
gardens have been destroyed. Col. Boyd, of this place, is a heavy
loser. But a great quantity of lumber has lodged on his premises--enough,
it is supposed, to build a hotel. Mining by those who take water from
the ditches is entirely suspended.
We learn with regret that the Legislature have left your city. If they
had adjourned and gone home the people would heartily rejoice. Such
an act would have saved the State a large sum of money. But now we
suppose they will remain in session until not a dollar is left in the
treasury.
The mails are very irregular at this time; therefore we do not get
your paper oftener than once in three days.
The weather is now very cold, and the river fast going down.
THE SUFFERERS IN PETALUMA.--Mrs. J. L. Sanders publishes a card in
the Petaluma Argus, by which we learn that the sufferers by the flood
in that county have all been relieved by the Ladies' Protection and
Relief Society, and the Society have a balance of two hundred dollars
on hand.
BODY FOUND.--The body of Dougherty, drowned in the Trinity river,
at Lewiston, in December last, was found recently, buried in the
sand, one of the feet being uncovered by a yoke of oxen hauling a
log across the place.
FATAL ACCIDENT.--James Winters, a miner at Selby Flat, Nevada county,
was fatally injured recently by the caving of a bank. . . .
HORSES LOST.--lt is reported that a lot of stage horses were in the
stable at Snellings and washed away with it on Thursday, January 23d. . . .
p. 3
CITY INTELLIGENCE.
. . .
RAILROAD REPAIRS.--The Sacramento Valley Railroad Company is making
active arrangements for the repair of the railroad between this city
and Brighton. A number of workmen have been engaged east of Poverty
Ridge for a few days past, and two pile-drivers will be started between
the ridge and Sacramento river in a short time, to operate upon that
section of the road. One of these machines has been constructed at
Front and R streets, and is attached to a car, which will commence work
at the western breach in the road. Piles will be driven and the track
laid, on which the car will travel as the work progresses. The other
pile-driver is of the aquatic species, and will commence work on the
water near Poverty ridge and work towards the west to meet the driver
first named. It has not yet arrived in the city, but is on board the
schooner Harriet K., and may be expected in a day or two. A portion
of the piles are in the city, and two thousand more are on the way.
The entire road from the ridge to Fifth street, where it requires
reconstruction, will be built of trestle work, for the purpose of
avoiding a repetition of the damming up of the water upon the city.
It is computed that the loss to the Railroad Company caused by the
floods, including a suspension of business until the road is repaired,
will amount to four or five hundred thousand dollars. About three
hundred tons of iron rails have been washed away. A considerable
portion of them may be ultimately recovered, but not in time for the
present repairs. A large portion of them have floated off in connection
with the ties, some of them as far south as the Cosumnes. The Company
will be able to furnish new rails from the shipment originally sent
out for the Lincoln and Gold Hill road, which fell into the hands of
the Sacramento Valley Company, and were to have been used on the new
branch running from Folsom to Auburn. The use of the iron for repairs
will suspend operations for the present on the branch referred to.
POLICE COURT.--There were no cases tried in the Police Court yesterday.
That of Dorsey and others, charged with the larceny of powder, was
continued until Saturday. . . The case of Luson and Lenigtree, charged
with the larceny of a boat, was continued until today. . . .
ICE AND ICICLES.--Ice on water which had not been disturbed for two days,
and had not been exposed to the sun, obtained a thickness yesterday in
many places of about an inch and a half. An icicle formed near the
Sacramento and Yolo bridge two and a half inches in thickness and
three feet long. W. T. Porter, of the yacht Lizzie, brought up from
near Sutterville a branch of oak which had hung near the water, each
twig of which had been chrystalized with ice, the whole resembling an
elaborate and artistic production from the hand of man, rather than the
work of Nature. These fruits of the extreme cold weather are so unusual
in the vicinity as to be worthy of note when they present themselves. . . .
REMOVAL OF THE SOAP FACTORY.--The building known as Bartlett & Co.'s
Soap Factory, on the Sacramento below R street, has been so far
affected by the flood as to settle down at one end some eighteen
inches. As it was feared that the building would be entirely washed
away, the proprietors caused all the machinery and apparatus of the
establishment to be removed, yesterday, up to the city for safe keeping.
AGRICULTURAL MEETING.--The annual meeting of the State Agricultural
Society will be held to-day, at 2-1/2 o'clock, P. M., at the office
of the Secretary, Jordan's building, J street, near Seventh, instead
of the Pavilion, as heretofore stated. The change of place is made
because the last named place is surrounded by water, and is therefore
difficult of access. . . .
THE WEATHER.--The temperature of yesterday continued to be as cold as
the day before. While the ice and mud were thawed by the heat of the
sun at noon-day, still water continued to freeze in the shade. The sky
in the evening assumed in the West a suspicious appearance indicating
the possibility of rain at no distant day. . . .
FALLING.--The water of the Sacramento river had fallen last evening to
twenty-one feet above low water mark.
THE NORTH LEVEE ROAD PROJECT.
EDITORS UNION: In discussing the practicability of the plan proposed by
me through your columns of the 27th instant, it is hardly fair to
consider whether or no such a road as I suggested would pay the company
either six per cent, or a greater rate of interest on the capital
invested. There are two axioms in the case on which all arguments
on the subject necessarily rest. First, the levee must be built;
second, our own citizens must furnish the means of building it. Then
the next proposition naturally is, how can this money--a loan forced
by the instinct of self preservation--be raised, so as to give us at
once the full benefit of accomplishing the object proposed--a perfectly
safe levee--and at the same time impose the least burden on our people?
If we resort to bonds the whole brunt falls directly upon ourselves; for
our municipal credit is at such an ebb that outside our own limits the
evidences of indebtedness issued could scarcely be negotiated at any
price, even if backed by a direct tax of two or three times the amount
suggested as necessary for perfect assurance under the company project.
Then, too, the whole sum necessary for the work would have to be raised
here; so that if it cost three hundred thousand dollars (I am totally
innocent of any idea how much it would cost, and only use the figures
to show the argument), our own citizens would have to put their hands
into their pockets and bring the whole of this sum out, because a public
work yielding no revenue is not a basis for a loan. But on the other hand,
a road half paid for, having a good travel and a pledge from the city
that the interest will be promptly paid, is abundant security to raise
the other $150,000 on from foreign capitalists, thus relieving our people
at the start from the burden of taking the additional $150,000 capital
from their business. Is not this at the present time a most important
item? Then suppose, as you fear, that the net revenues of the road do
not reach six per cent. The road will certainly yield something beyond
the cost of repairs and the pay of toll keepers. Remembering our axioms
that the levee must be built, and that our own citizens must furnish
the means, is not every dollar, whether it be but one, three or five
per cent., returned upon the amount expended, a relief? Suppose the road
only yields enough to pay the interest on the mortgage, and the Special
Levee Fund has to pay the interest on the capital stock, have we not
relieved ourselves from taxation to meet the interest on one-half the
cost of the work?
As to continuing the road beyond the high land in Brighton as you suggest,
that would be very proper in a commercial view, but is not necessary for
levee purposes, and the city should have no connection with it. T.
FROM THE MARIPOSA COUNTRY.--The Gazette of January 21st says
that provisions are becoming quite scarce at Mariposa. Pork and beans
are in brisk demand as a staple table delicacy. The Gazette has the
following items of interest concerning the devastations of the flood:
"A new house at Chinatown, half way between the Benton mills and Split
Rock, was taken off bodily. Also the large stone house formerly occupied
by Hammatt & Co. as a store, at Ridley's, near the Benton mills, was
totally destroyed. Chinatown went, and its moon-eyed population, tying
up their cues, left over the mountain. On Tuesday about 1,500 large
logs, belonging to Charbonelli & Co., came down in a confused mass.
Losses in some cases are very heavy. We are informed upon the best of
authority, that Flint, of the firm of Flint, Peabody & Co., of San
Francisco, stated that they had expended upon their works, at Johnson's
Flat, known as Chapin's mill, and upon those at Split Rock, known as
Johnson's mill, over $160,000. From what we can learn, not many
thousands of this expenditure are available in any form. Of the
probable logs at the Fremont mills, we are not informed, but it goes
into the tens of thousands, if damaged as reported.
"The Merced, so stated upon good authority, rose ten feet higher than
was ever before known, which produced its effect upon the Fremont works,
carrying off the dam and one of the mills. The shell of the other
remains, but to what extent damaged we are not informed. The ferry boat
at Smith & Hillman's went. Johnson's, or Flint & Peabody's mill at Split
Rock, went. A portion of the stamps were left, upon the top of which,
from forty to fifty feet above low water mark, a huge pine log, brought
down by the water, rested. All houses connected with the establishment
were carried off. The office and store of Wyatt, which stood at the end
of the former bridge, was taken. Everything is taken--the mountain
portion of the river is swept in fact. On the lower portion, the loss
of Nelson's flour mill and the foundry at Murray's crossing is confirmed.
"Despite storm, wind and high water, Smyth got to town Thursday with
a number of fine beef cattle.. Smyth states that thousands of cattle
have, at the approach of the overflow, fled to the lower foothills,
and that he thinks he saw, in coming by the mountain route from the
Chowchilla here, five thousand head of stock, which seem instinctively
to have left former ranges.
"Mountain slides have occurred in every direction; particularly about
the heads of the Chowchilla, where the mountains are high and very
steep, they are represented as being tremendous. In some instances
acres upon acres have been covered by the debris of one of these
breaks. One is said to have been of the area of forty acres, to the
depth, in places, of one hundred feet. Masses of trees, some of them
six and eight feet in diameter, went also.
"We hear of several miners making good and even extraordinary wages.
The upper parts of gulches are generally worked. Many more pieces or
quartz and gold hare been picked up the past week. One was shown us
Saturday about half as large as one's fist, containing over fifty
dollars, found by Keating, on Sunday last."
Gordon, the Expressman at Stockton, left Mariposa on Friday morning.
He reports two dwelling bouses washed away on Water street since the
21st. A Mexican woman, in a state of inebriety, committed suicide in
Bear Valley on Wednesday last, by blowing out her brains. She was
known by the name of Rosetta. At Snelling's, the rains of last week
raised the Merced higher than at any former flood, washing away
Fisher & Co's. stable with the greater part of the hay and grain it
contained.. The river cut a new channel here, washing back of the Court
House and leaving what remains of the town on an island. At Dickinson's,
on the Tuolumne, the water drove the people out of their houses to the
bluffs. At Osborn's, on the opposite bank of the same river, the people
had to take refuge in the hilis from the rising waters. The Tuolumne
reached its highest point on Wednesday last. Ingsby, on the Merced,
lost, in house, fencing and stock, $3,000. It is reported that five
white men were drowned on Thursday, at Don Pedro's Bar on the Tuolumne,
in attempting to cross that stream in a small boat.
THE FLOOD AT RED BLUFF.--This town escaped the watery visitation, but
its suburbs suffered, The Independent of January 24th says:
The river, which commenced rising gradually some daya ago, yesterday
morning attained a point higher than ever before known, being over a
foot higher than the great flood of December last--being some
thirty-four feet above low water mark. The southern portion of the
plains on the east side of the river was one vast sea of water, and
the upper portion about equallv divided between land and water.
Redington & Co.'s flour warehouse, situated on the lower ground near
the bank of the river partially flooded and the lower tiers of the
flour sacks wet, and damaged to some extent.
HOBOKEN AGAIN.--The steamers Gov. Dana and Sam Soule, in consequence
of the falling of the water of the American river, landed their freight
and passengers yesterday at Brighton, the old town of Hoboken. The
cars will hereafter run to Hull's ranch, opposite this point, and
freight will be hauled across by teams. . . .
FALLING.--The upper Sacramento is reported by the Red Bluff steamers
to be falling rapidly. The American has fallen so far that steamers
can no longer run up to Patterson's. These facts give strong assurance
that the water in this vicinity will decline rapidly if we have no
further rains to keep it up. . . .
BEEF FROM COLUSA.--The steamer Swan from Red Bluff, brought yesterday
from Walsh's ranch, four quarters of fine beef for the use of the
Howard Benevolent Society. . . .
THE FLOODS AND SONOMA COUNTY.--The workings of the Almighty in the past
few weeks, through the floods that have deluged the Sacramento valley
and other agricultural portions of our State, have taught the people
of those localities that their homes must be established elsewhere;
that no matter how great and many have been their improvements, or
how beautiful their surroundings, or how large their gains for a few
years, that those vicinities can no longer furnish homes which to the
dweller therein shall be a castle and a place of safety. That no fixed
habitation can be located there is apparent to all. Thus the future of
those districts must be a blank one, for the recent teachings have been
too devastating to permit the sufferer soon to forget that it was there
that the snug homestead was washed from the sand, fences swept from their
places, the fruit tree and the vine, and the old oak with its wide
spreading and protecting branches, all torn up by the roots, and carried
by that useful yet destructive element, water, beyond the reach or the
gaze of those who have spent years of toil and much of money in ther [sic]
production and improvement. Men seemingly independent, wanting but
another year of prosperous gains to release their hold of the plow and
all arduous labor, to retire to quiet and lie in ease upon the fruits
of their honest toil, have in a few hours been ruined. Thus they have
lost confidence in the safety of the places they had located for their
homes, and must necessarily look elsewhere to repair their broken fortunes.
So, too, none with capital and means not yet invested will be foolhardy
enough to select spots which have ruined others, and thus found their
houses upon the sand. Mankind profit by the bitter lessons of experience,
and in the future avoid the shoals and quicksands which have destroyed
others in the past. By reason of these things, and the safety of position
which Sonoma county occupies, and the known fertility of her soil, it
is evident to all that a large increase in her population will be
realized in the next few years. As rapid as has been our increase in
the past, it is but trifling compared with what it will be in the future.
Sonoma county is beyond a doubt to be the farming county of the State.
Everything points to this. Here the tiller of the soil and the stock
raiser will become rich. Even next year promises to yield large returns
to the farmer of this county, which more than any other year shall
make him grateful that destiny cast his lot in our midst. From the
unfortunate condition of the extensive agricultural region of the
Sacramento valley, it would be impossible next year, were there even
those disposed to try it, to raise any considerable amount of grain,
or other produce. Hence it is that large supplies that have found
their way to market from that vicinity in past times must this year
be wanting, and as a matter of course the demand will so largely exceed
the supply, that prices will greatly advance over those of the previous
year. The farmers of this county must see this, and seeing it, profit
by their knowledge. They should and will sow largely of wheat and barley,
if they desire to reap rich returns. None should be deterred by the
lateness of the season, for the earth is so saturated by the unusually
heavy rains of this Winter, that sufficient moisture will be retained
to keep the grain fields green and waving to a much later period than
in past times. Sow as soon as the ground is in order, not lightly and
sparingly, but liberally. Sow every acre suitable, in wheat and barley,
and when another Winter the producer looks at the figures for such
articles of consumption, he will thank us for the suggestions now
given. These heavy rains can do us no harm, but will rather prove
that they are just what the country has needed for a long time. It
is a theory of a scientific writer, whose name we cannot at this time
recall, that for the want of just such rains as we have lately had,
the earth each year becomes less and less moist, and vegetation of
course so much the sooner dries up. Rains like the present, that
completely saturate the ground, help to keep it moist and in good
working order for years. Although the surface may become dry, yet
hidden wells like boiling springs, send through the earth the moisture
for the root that invigorates and keeps green and growing the leaf
above. In all this there is much of truth. Fail not, then, to anticipate
the demands which will be made on all you who are agriculturists, to
take to market next Fall liberal supplies of the productions of your
land.--Petaluma Journal.
THE LEGISLATIVE REMOVAL.--The Legislature, it seems, has gone to San
Francisco for the session, a movement which is bad in every particular.
Were the members differently constructed from their constituents, were
they delicate and effeminate, clad in crinoline, and so soft and gentle
that they had to be fanned to sleep, like languishing ladies in Summer,
or wrapped in fine linen and placed before the fire, like new born
children, there might have been some reason for their guardian lovers
or protectors to order them to a different climate; but as it is, with
their bearded faces, heavy clothing, good constitutions for out door
service and late hours, we conceive the movement to be an outrage, and
one which should consign the Republicans to an early grave. Sacramento
City has been subjected to floods, but the State House itself is high
and dry, and the Senate and Assembly chambers and neighboring offices
are as comfortable and warm and safe as they ever were. There are beds
and good accommodations at the hotels, and all the other etceteras needed
and belonging to a good sized city. True, the streets are disagreeable,
but in what condition are many of those at the permanent homes of members?
We say nothing here as to Sacramento for a permanent Capital; we are
not writing especially for Sacramento but we are writing for the State
at large, for the pockets of the people, for those who sent the members
of the Legislature to Sacramento to do business for them, because they
could not go themselves. These people are paying very onerous taxes,
this Spring they will be subjected to another one to pay for the war;
they are now paying extra prices for tea and coffee and sugar and other
articles of consumption, on account of this same war; many of them have
lost largely by flood, and are out of house and "home," let alone ten
dollars a day and mileage for acting the legislator at Sacramento, or,
as now, at San Francisco; and they will hardly indorse an act like this
removal, which wilt cost them many extra thousands of dollars and perhaps
litigation and loss, and which has for its object, not the good of the
people, but a little more comfort or amusement or indolence for their
representatives. Some of these gentlemen have doubtless onoe domiciled
in log cabins, drank coffee without milk, from a tin cup, sat on a stool
or bench, with no floor but mother earth, and slept in bunk, or perhaps
as we used to do sometimes, wrapped in the arms of literature, with
newspapers for bed and newspapers for cover, and we can see no excuse
for their fleeing from a temporary inconvenience.--Napa Echo.
INCIDENTS OF THE FLOOD.--The Calaveras Chronicle of January 15th relates
the following:
A miner living on the north fork of the Mokelumne, some fifty feet above
low water mark, fearing that the rise of water might carry off his cabin,
commenced removing his household goods still further up the bank. After
making a few trips, he found, on returning, that his house and the land
on which it was located had slid off into the river; the last he saw of
the cabin it was floating down stream.
A miner at Middle Bar was cooking his dinner during the freshet, and
had just got ready to partake of the meal, when the house started down
stream, and he barely escaped with his life, leaving everything the
house contained. The fire in the stove was sending out volumes of
smoke at the time, and gave to his late domicil the appearance of
a small steamer.
Near the Poland Hotel, in San Joaquin county the Mokelumne carried off
Athearn's new bridge. The water surrounded Athearn's house, and the
family had to be conveyed to a place of shelter; the water at the time
was up to the bed of the wagon which carried the ladies. Athearn secured
some valuable sheep in the upper story of his house. Some boatmen went
off to his relief, but he refused to leave his premises. The house was
not carried away. A large tree swept through his garden destroying a fine
young orchard; Athearn also lost his barn, filled with hay and grain, and
his last year's clip of wool.
Judge Terry's family, living in the neighborhood, were removed from
their house in a boat which conveyed them to higher grounds. . . .
THEORY OF THE LATE FLOODS.--On this subject the Napa Reporter remarks:
High as the waters have been with us, there are indications that they
have twice been higher within the last thirty or forty years. If the
oldest inhabitants will now send in their chronicles of the years and
months of the highest floods, some reasonable approach may be had to
correctness in the length of term of our weather circles, In the absence
of such definite information on the subject, and taking the great flood
mentioned by M. G. Vallejo as having occurred in 1827 as the standing
point, twelve years would seem to be about the distance between the
extreme hard Winters. On the European coast a theory has found some
favor that the weather circles run from twenty to twenty-two years,
the culminating points of bad Winters having been marked with poor crops
and scarcity of bread for the last four hundred years. As on this coast
we have no warm gulf stream to create constant change in our climate,
doubtless the laws which govern it are more simple in their action, and
that meteorological observation will in time give us the results of such
investigations as may admit of a theory in regard to them, which will
give sufficient warning of such freshets and floods as we have to
chronicle the present Winter. If the largest portion of our agricultural
lands are to be more or less valuable in proportion to the extent of
this knowledge, the sooner it is acquired the better. There is some
reason to suppose the Indians foresaw this flood, and if such was the
case, the simple knowledge they have, the white men can acquire. With
that knowledge and the use of the same means employed in other countries
subjected to periodical overflow, that portion of our State will yet be
valuable for agricultural purposed.
MARIPOSA LOSSES.--The Gazette, reports the loss of Farnsworth's
barn, the barn of Frank Williams, a portion of Samuels & Co.'s house
and a large amount of other property, besides gardens, orchards, etc.
The adobe of Nichols in Mariposa, sank, being soaked down. Mormon Bar
is gone; also a large number of Chinese stores, and Captain Bennett's
butcher shop.
NEWS FROM VISALIA.--The Stockton Independent of January 27th has
the following:
We have had no news direct from Visalia, or from any point east or
south of Mariposa, for a month, until by the arrival here on Saturday
of the Mariposa and Stockton Expressman, Gordon, who handed us a
Mariposa Gazette of last Tuesday. From it we learn that a rumor had
reached Mariposa on Thursday, 16th instant, to the effect that the
building in which the Visalia Delta was printed and published, had
been completely washed away, and that the flood in and around Visalia
had been very destructive to property. The editor of the Mariposa
Gazette. who has resided for several months at Visalia, and who was
largely interested in the Delta property, seems to credit the rumor
of its loss. and adds that "if the building in which the Delta was
located has gone down, there is not much left of Visalia." The same
rumor says several brick buildings, including the Court house, were
totally destroyed. So much for the Gazette, which gives us only the
rumors up to the 16th, which of course have reference to the flood
of the 9th, 10th and 11th instant. Since then we have every reason
to believe, from the rises in the San Joaquin, and especially from
that of last Thursday, that the head waters of this valley, including
the Tule river and the Four Creeks, were all much higher than on the
10th and 11th. If this surmise be well founded, it is hardly to be
doubted that the people of Visalia and Tulare county have been the
greatest and most general sufferers by the flood.
NEWS FROM CALAVEERAS.--Walter Morris, the driver on Dooly & Co.'s line
of stages between this city and Murphys, arrived here last night. He
left Murphys on Thursday morning, passed through San Andreas on Friday,
forded the Calaveras at Stevenson's, and at the Twenty Mile House took
a boat for this city. He reports great land slides in southern Calaveras,
on the Stanislaus. At Greasertown the miners were losers of all their
machinery, as in fact they were all along the river bars. But few lives
were lost. The river has changed its bed in many localities. The Union
Water Company, at Murphys, are losers to a large amount. At that town
and Vallecito flour was selling at $12 per barrel on Thursday. The
Twenty Mite House has been made a depot for goods boated from Stockton,
to be hauled thence into the mining towns. All the bridges on the
Calaveras and its tributaries, save the one across the San Antonio
at Forman's old place, have been washed away. The roads are sadly
cut up and rendered almost impassable. Flour was selling at the Fifteen
Mile House on Saturday for $15 per barrel. On Friday the west end of
MacDermott's bridge over the Calaveras was swept off. A part of
MacDermott's buildings were also carried away. Thus we are without
bridges (but one) between Stockton and Murphys.--Stockton Independent,
Jan. 25th.
THE CAPITAL QUESTION.--Some discussion conducted with observable
asperity [?], has sprung up in certain quarters, over the proposition
to remove the Capital of the State from Sacramento. The reasons urged
against the fitness of Sacramento consist mostly in its susceptibility
to overflow. It has never been made evident to the mind of any legislator,
or any body else, that the citizens of the State desire that the Capital
should be carried anywhere from where it now is. Very likely there is
not a man in the State who does not believe that a large majority of
our citizens are opposed to any removal. Sacramento is the chosen seat
of government, and until it is conclusively shown that there is no way
to prevent inundations, it is most unwise and impolitic to agitate such
a question. If the Legislature cannot transact business there conveniently,
let it adjourn until the waters subside, or if that cannot be done, let
that body grant an indefinite leave of absence to all the hydrophobic
members, whose boots are continually soiled by the wet, and who cannot
digest their food in comfort, not to mention those who, like Perkins,
labor under an aggravation of the most peculiar embarrassments.--Shasta
Courier. . . .
DAMAGE IN CALAVERAS.--Speaking of the damage occasioned by the flood
in Calaveras, the Chronicle at Mokelumne Hill says, January 18th:
The destruction of property during the flood of last week on the
Mokelumne, was immense. There is but one bridge left standing on the
river, and that is the suspension bridge at Winters' bar. The South
Fork bridge, owned by M. G. Sawyer, was carried away during the former
storm. The Indian Ladder bridge on the North Fork, was supposed to be
beyond the reach of the highest water, being some sixty odd feet above
low water mark; but it was taken off last week. The bridge at Sandy Bar
went down during the former storm. Dr. Soher's bridge at Big Bar was
entirely removed on Saturday, the center portion gave away on Friday;
the river on Saturday was up to the timbers of the bridge, and made a
complete sweep of the whole. The bridge at Middle Bar went off early
on Friday, Cooper's suspension bridge at Poverty Bar was destroyed. . . .
Colusa.--The Colusa Sun of January 18th says:
The slough baok of the town of Colusa, and between it and the Coast range,
was sounded the other day by Hadley and others while crossing, and found
in some places sixteen feet deep. The water, at various depths, extended
over a country about two and a half miles wide, from Campbell's ranch
to the junction of Spring valley and Fresh creek roads.
MOKELUMNE HILL.--The last SACRAMENTO UNION received in town, up to the
time of going to press, was dated January 8th. Over one hundred DAILY
UNIONS are taken in Mokelumne Hill, and we venture to say our citizens
have felt no deprivation so keenly as the nonarrival of that excellent
newspaper.--Calaveras Chronicle, January 18th . . .
Sacramento Daily Union, Volume 22, Number 3382, 30 January 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION]
SENATE
SAN FRANCISCO, January 27, 1862.
The Senate assembled at eleven o'clock, when the Lieutenant Governor
took the Chair, and the Secretary called the roll. . . .
STATE LOAN ON BEHALF OF SUFFERERS BY THE FLOOD.
Mr. DE LONG presented the petition of Thomas Mooney of San Francisco,
containing a proposition to issue 10 per cent. bonds of the State, for
ten million dollars, payable in twenty-one years; the money raised on
the bonds to be loaned to sufferers by the flood, who can give proper
securities in farming lands, mining interests, etc., and no others, and
to be held in charge by a commission consisting of the late and present
Governor, Secretary of State, and Treasurer, to be denominated the State
Board of Works.
Mr. DE LONG--I have accepted and offered the petition merely as an act
of courtesy. I request that a Special Committee of five or seven be
appointed to take into consideration the propositions advanced, with
instructions to draw a bill deemed by them advisable, to be presented
to the Senate at an early day. The fact that business in our State has
been paralyzed by this wide spread calamity is known to all of us. That
we are threatened with an exodus next Spring from among the best portion
of our community, seems to cast a pall, a gloom, over this State which
may be the commencement of misfortunes even greater than we have
experienced thus far. If any step of this kind can be taken by which
we can cause our agricultural and mining interests to be improved, I
think we would be fully warranted. I would suggest to the President of
the Senate that the Committee be composed of Senators representing the
various interests in this body professionally. I therefore move that a
Special Committee of seven be appointed by the Chair.
Mr. OULTON--I fully concur with the gentleman as to the necessity of
recuperation from the misfortunes of our State. Still, I cannot see
that this Committee can accomplish anything. Without any intention
of discourtesy to the petition, I move as an amendment to the motion
of the Sentor from Yuba, that the petition be indefinitely postponed.
These, sir. are my reasons: The Constitution of the State of California
has an Article of this nature--that the Legislature [reading] shall
not in any manner create any debt or debts, liability or liabilities
which shall exceed the sum of $300,000, except to repel invasion or
suppress an insurrection, unless some object or work shall be specified,
etc. Now, Mr, President, I think that Article of the Constitution
directly prohibits us from incurring any such debt as the one
contemplated by the petition. On these grounds. I move an indefinite
postponement.
Mr. DE LONG--The Senator from Siskiyou will certainly not say that
the bill proposed is illegal on the ground that we are creating a
debt of §300,000. It is not creating any debt at all. The petition
does not merely glance at one idea, but glances at a set of ideas.
It would be a more proper time for the Senator to bring in these
objections when the bill comes up for adoption; then the motion to
postpone the Bill would be appropriate. At present there is no
intention to adopt it.
Mr. OULTON--I do not see any reason for violating these barriers
created in the Constitution.
Mr. VAN DYKE--I move that it be referred to the Judiciary Committee,
inasmuch as a constitutional question has been raised. If they think
the plan suggested in the petition is not prohibited by the Constitution,
they can report it back, and then it can be referred to any other
Committee. But at present, as the question has been raised, I hope it
will go to the Judiciary Committee.
Mr. DE LONG--I object on this ground, and I trust the Senator will
comprehend the reason I have for the objection: The Judiciary Committee
is composed of lawyers exclusively. Now, I wish this referred, in the
first instance, to a special Committee, which shall be composed of
Senators representing all the various interests of this State, mining,
agricultural, commercial, etc. Then, if they should frame a bill and
offer it to the Senate, and there should be any constitutional question
involved, then let us recommit that bill to the: Judiciary Committee,
and let that tribunal of lawyers determine whether it is constitutional or not.
Mr. OULTON--I withdraw my motion. I have no objection to this petition
having a full and fair investigation. If the Legislature comes to the
conclusion that they can incur this debt, I shall make no objection
to its coming before them at least.
Mr. VAN DYKE--Under the rules the Standing Committee has the preference,
in reply to the gentleman from Yuba I would say, my purpose was not to
send the bill upon its merits to a Committee composed of lawyers; but
that is the proper way of ascertaining the fact whether it is feasible
within the scope of the Constitution or not.
Mr. DE LONG--I would ask the Senator what does he propose to refer?
Mr. VAN DYKE--The petition.
Mr. DE LONG--Why, then we are referring nothing at all. I want it referred
to the various interests of the State. Let us first draw the bill, aud
then refer it to the Judiciary Committee.
The PRESIDENT--Does the gentleman withdraw his motion.
Mr. VAN DYKE--I do not intend to withdraw my motion, because I think it
is a proper one. The petition suggests action by the Legislature, and
if it suggests constitutional action, let us know it. I have yet to
learn that the Judiciary Committee, because it is composed of lawyers,
is not the proper Committee to whom to refer a constitutional question.
If it is possible under the Constitution, we can afterwards refer it to
a special Committee. But let us know whether we can entertain the project
at all.
The motion to refer to the Judiciary Committee was lost--ayes
14, noes 16. It was then referred to the special Committee of seven,
hereafter to be appointed by the Chair. . . .
At 12:40 P. M. the Senate adjourned.
ASSEMBLY.
MONDAY, January 27, 1862.
The Speaker called the House to order at 11 o'clock. . . .
THE REMOVAL OF STATE OFFICERS.
Mr. TILTON, of San Francisco, said in the absence of the Chairman of
the Committee of Ways and Means, he was instructed to make a verbal
report on the bill referred to that Committee on Saturday, providing
for the removal of the State officers from Sacramento to this place.
The Committee was not able to report any progress on account of the
necessity of making inquiries relative to the amount of expenditures,
and also on account of the absence of the Chairman, who had gone to
Sacramento, and while there would make the necessary inquiries so as
to enable them to report approximately the cost of removal. The
Committee therefore asked further time until tomorrow at 11 o'clock,
to make their report upon the bill.
The further time asked for was granted. . . .
THE BOAT BILLS.
Mr. EAGAR offered the following:
Resolved, That the Sergeant-at-Arms be and is hereby instructed
to transfer the bills in his possession for boat hire to the Committee
on Claims for examination.
Mr. O'BRIEN moved to amend the resolution by substituting the Committee
on Accounts.
Mr. EAGAR accepted the amendment, and the resolution as modified was adopted . . .
THE SWAMP LAND FUND.
Mr. TILTON of San Francisco offered the following:
Resolved, That so much of the Governor's Annual Message as
relates to swamp and overflowed lands be referred to the Committee
on Swamp and Overflowed Lands, with instructions to report at an
early day the expediency of repealing the law of 1861, providing for
the reclamation of such lands, and the enactment of a law enabling the
owners of such lands to draw from the State Treasury the amount of money
paid in by them for the purchase of the same, whenever satisfactory
evidence may be presented by them that they have reclaimed the same
by the construction of the necessary embankments to protect them from
overflow.
Mr. SAUL.--I move to lay that resolution on the table, and in making
that motion, I wish to state that last Saturday the gentleman from
Yolo (Mr. Hoag) introduced a resolution referring so much of the
Governor's message as relates to that subject to the Committee on
Swamp and Overflowed Lands, and that resolution was adopted. The
purport of this resolution is to inquire into the expediency of
repealing the Act of 1861, and providing further for taking measures
to pay back the purchase money to those who shall be able to prove
that they have thoroughly reclaimed their lands. I can see in it only
an attempt to destroy the bill of last year, leaving the owners of
swamp and overflowed lands unprotected. As one of those residing on
that kind of lands, I have to say that no one man can, as a general
thing, thoroughly reclaim his land. It requires a general system of
reclamation, to be thoroughly and systematically carried out, and
under the system inaugurated last year, the whole district in which
I reside can be reclaimed. I am speaking from personal knowledge and
experience, for I own a ranch which was as well protected as any one
man could protect his own land, but one-half of that ranch it was
beyond my power to protect, and no amount of money expended upon it
could thoroughly reclaim it. Yet, under the operation of the bill of
last year, the entire district in which I live, containing 144,000
acres, can be reclaimed at a much less cost than one dollar per acre.
I am willing to be taxed an additional dollar per acre, if necessary,
to carry out the spirit of that Act, and so is every man in my district.
The same is true in other districts that I know of. The gentleman from
Los Angles (Mr. Morrison) gave notice on Saturday of a bill for the
reclamation of those lands, which is intended to embrace the whole
of the State where swamp and overflowed lands exist. I suppose there
are a million of acres of the best lands in the State under water
to-day, valueless to the owners and valueless to the State.
The SPEAKER said if the gentleman had already made a motion to lay on
the table, it was not in order to debate.
Mr. SAUL said he would withdraw temporarily, then. He wanted no assault
made on the Act of last year until at least it had had a fair trial.
They had better wait at any rate to see what the measure proposed by
Mr. Morrison would be. It was high time that the State should pay
more attention to the protection of its agricultural lands. They
ought to protect not only the swamp and overflowed lands, but all
the other agricultural lands of the State. Thousands of acres bordering
on streams were annually destroyed or injured greatly by being covered
with sediment and sand, washed down from the hills and mountains. The
State could not afford to lose the revenue derived from such lands.
What was she to look to for revenue if the whole interior plains became
a waste, and nothing was left but the barren hills which the miners
were constantly washing down and sending into the valleys to destroy
the homes of thousands? If the law of last year could be improved,
he hoped that might be done, but let them not act prematnrely,
Mr. FERGUSON said he understood this resolution was intended to
instruct the Committee to report a bill to allow the purchasers of
swamp and overflowed lands to draw back the purchase money when they
had reclaimed their lands.
Mr. TILTON, of San Francisco, said his resolution did not contemplate
forcing the Committee to make such a report. It referred the subject to
them to report upon the expediency of repealing the Act of last year, and
enacting another instead, enabling the owners of such lands to withdraw
the purchase money upon proper showing.
Mr. FERGUSON said it was a very peculiarly worded resolution. The
tendency of it would be to deprive those who had been overwhelmed by
the elements in the late flood the means of deriving in the future
any benefit from that fund which they had helped to create. It might
be that the Legislature in its wisdom might hereafter determine that
the State is unable to reclaim the whole of those lands, and that
special provision should be made for those who are able to reclaim
their own land. But he was opposed to these special instructions,
which were compulsory in their effect, whatever the gentleman might
have intended. He hoped the resolution would not pass, but if it did
it should be so amended as to instruct the Committee to draw a bill
providing for the best mode of future reclamation. All knew that the
present bill was inadequate, and he thought it was the part of wisdom
to leave the Committee entirely free to modify it in such way as they
should think fit and just.
Mr. PORTER said he had no objection to the reference proposed, but
thought the resolution presented a policy unwise and inconsistent
with the trust of the State. Let the Committee take charge of the
subject, and make such report and recommendations as they should
deem expedient; but the House should keep in view the nature of the
State's trust. The State was bound to devote the proceeds of the Swamp
Land Fund to the reclamation of all those lands, as far as might be
necessary, and it would be unjust to allow certain persons to draw
from that fund, leaving the State no means for carrying out its trust.
Mr. AMES said he was opposed to instructing Committees, and compelling
them to work by rule and square. He proposed to amend the resolution
so as to instruct the Committee only to report the condition of the
fund and the best mode of reclamation to be pursued hereafter.
Mr. TILTON of San Francisco, said he did not propose to discuss the
merits and demerits of this resolution, or the policy of passing such
a law as was indicated by it. He merely wished to get the matter before
the Committee, and only desired to instruct the Committee to report upon
the expediency of such a course as was indicated, The Legislature of 1861
did pass a law, the working of which was not found to be satisfactory,
and the Governor said of that law, in his annual message:
"The law for the reclamation of these lands was passed at the last
session, and although it has now been in operation for some time, yet
up to this date there has not been an acre redeemed. The civil engineers,
appointed by the Commissioners of the Swamp and Overflowed Lands, have
not been able to report a single district, where the parties having
purchased and owning some of these lands, have been willing to make
up a sufficient sum of money, which, together with the price paid
to the State for the lands, would be adequate to redeem them. There
have already been expended thirty odd thousand dollars of the fund
derived from the sale of these lands, under the direction of the
Commissioners, for the purpose of reclamation. But I am yet unable
to determine any practical benefit resulting from the expenditure of
the money. The reclamation of these lands is eminently a practical
work, nor does it appear to me how any abstract question of science
can be involved in the matter. The farmers residing upon these lands
know precisely the hight and character of the ditch and embankment
required for their perfect protection from overflow. If this fund is
suffered to be frittered away in salaries of commissioners, civil
engineers, and an army of ax-men, rod-men, chain-bearers and
draughtsmen, there will be nothing left for the performance of the
only real object involved, that is, practical labor."
He (Mr. Tilton) did not pretend to be familiar with the manner of the
reclamation, and it might be that, as the gentleman from Sacramento
(Mr. Saul) had said there were tracts which it was impossible to
reclaim, but it was well known that under the Act of 1861 the entire
fund might be squandered away before any work would be done. He had
conversed with men who told him they did not wish to wait for the
action of the State under that Act, but were anxious to go on and
reclaim their own lands whenever the State by so doing could draw
the purchase money. All he wanted was to instruct the Committee to
inquire into the expediency of taking that course.
Mr. PORTER said the law of last year required the Commission to make
the report to this body, and he presumed that report had been made,
but was not yet in print. When that report should be before them,
they would be better able to judge of what had been accomplished,
than from any statement in Gov. Downey's message. Before anything
was done to the prejudice of that Commission, or to the prejudice
of a law which was satisfactory at the time of its passage to the
greater part of those interested in swamp lands, they ought to know
what that Commission had done, from their own report.
Mr. MEYERS said he believed in his county some parties had already
commenced to avail themselves of the benefits of the law of last
Winter. Though no land had yet been actually reclaimed, yet surveys
had been made, and he thought it would be unjust to those parties to
interfere with it at present. Possibly the law might well be amended,
so as to allow parties peculiarly located to have the benefit of their
labor in actually reclaiming their own lands, but those would be
exceptional cases. The great body of these lands could never be
reclaimed except by concert of action, reclaiming large tracts
together, and the expense of that would be too much for individual
enterprise. He thought the present law had better stand, with perhaps
some little amendment.
Mr. SHANNON said he thought the resolution as it read did not leave
the Committee proper discretionary power, and he moved to amend by
inserting after "at an early day," the words, "if in their judgment
they deem it expedient."
Mr. TILTON said he thought his resolution, as proposed, covered all
that ground. The Committee could report whether it was expedient or
inexpedient, but the amendment proposed would enable the Committee
to avoid reporting at all.
Mr. SHANNON said that was exactly what he wanted to get at. He did not
want the House to compel a Committee to report against its own judgment.
Mr. MEYERS said he was not certain that the words of the resolution
would convey absolute instructions to the Committee, yet the passage
of the resolution would imply instruction, so that the Committee would
feel that it was running counter to the sense of the House if they
reported adversely.
Mr. TILTON said if the Committee deemed the resolution compulsory
upon them, he would accept the modification proposed.
Mr. FERGUSON moved to amend by a substitute referring the subject to
the Committee, "with instructions to report at an early day a bill to
meet the prospective wants of that class of our fellow-citizens who
have purchased and settled upon those lands." That, he said, would
leave the matter entirely in the hands of the Committee to report
such a bill as they saw fit, and when that was reported, it would
be the property of the House, and every gentleman could be heard
upon it so as to determine whether it was the best calculated to
promote the interests involved.
Mr. TILTON of San Francisco said that would be instructing the
Committee as much as his resolution did, although the gentleman
had said he was adverse to instructing the Committee.
Mr. FERGUSON said the substitute did not specify the character of the
bill to be reported, and therefore did not tie the hands of the Committee.
Mr. SHANNON moved to amend Mr. Tilton's resolution by adding, "and they
be also instructed to investigate the practical working of the
Act of 1861."
The SPEAKER said the amendment was not then in order.
Mr. SHANNON said he hoped the substitute would not prevail, because it
was vague, and conveyed really no instruction at all. The Committee
ought to be instructed to ascertain the facts in the case.
Mr. BENTON said he should desire to say a word upon Mr. Shannon's
amendment, whenever it was offered in order.
Mr. SAUL said he regarded this whole matter as premature, although he
preferred the substitute proposed by his colleague (Mr. Ferguson.)
This subject was referred to the Committee by resolution on Saturday
last, although probably his colleague was not aware of it. As to the
resolution proposed by Mr. Tilton, there was no mistaking it; it was
aimed against the law of last Winter. The opinion of Governor Downey
on that matter was worth no more than any other man's, and he would
rather take the opinion of one of his hind men, because that at least
would be practical while Governor Downey's was only theoretical, and
the Governor was interested in lands of another description, and had
always been opposed to the plan of reclamation. The law of last year
was the best they had ever had, and they wanted to try it fairly. It
was premature to attempt to forestall the Commission before they had
received their report. That Commission had saved alroady [sic]
230,000 acres of land to the State that had been claimed by Uncle Sam,
because the United States Surveyors working in August had claimed it
as United States lands. They had gone within a mile of his own residence,
and all along that stream where the farmers had built their own levees,
stopped the mouths of sloughs, and reclaimed their lands, now entirely
under water. They had gone in and out, making step ladders on their
maps, and claimed all the cream of their lands for the United States.
But the Swamp Land Commission had properly represented the matter, and
had received assurances from the Secretary of the Interior that upon
the filling up of the proper blanks these Swamp and overflowed lands
would be given to the State of California. This had saved, the State
$230,000, which was nine or ten times as much as according to Governor
Downey's message the Commission had already expended. They had not
only created these evidences of title, but had made surveys in all the
districts, marked out the lines and hight of levees, and estimated
their cost so as to be ready now to go to work. His district did not
suffer from the Sacramento river; that would be easily kept out by
raising their present levees a foot or two; but the water in that
district came from the mad torrent of the American,. which swept
everything. Sacramento City had relied too long on the strength of
her levees, which every sensible man acquainted with them had long
known to be inadequate. He had lived on the American river for years,
and had predicted that the time would come when Sacramento City would
be inundated; and too truly had his prophecy been fulfilled! But that
would never happen again. Sacramento City would have a levee that would
defy the torrents, and all the machinations of her enemies. Sacramento
City would be leveed from the American to the islands. In District
No. 2, from Sacramento to the Mokelumne river, the owners would build
levees if the State did not, and then the city would be protected from
the back waters of the Sacramento and the Mokelumne. Then if the city
protected herself from the American river, that district would be
reclaimed. This resolution was premature; let them wait for more
information, and not strike in the dark when evidence would soon be
forthcoming that would enlighten them. He was interested in the law
of last Winter, and was one of the sufferers in consequence of that
law not having been fully carried out yet. But he was too much of a
Californian to run away from his home because the waters had taken
possession of it. He had a duty to perform to himself, and a still
higher duty to his country, and he intended to attend to both. He
moved to lay the whole subject on the table.
The SPEAKER said, as had been suggested, this part of the Governor's
message was on Saturday referred to the Committee, and the only effect
of the present resolution was to instruct the Committee.
The resolution was laid on the table by a large vote.
Mr. BENTON inquired if the Printing Committee had possession of the
report of the Swamp Land Commissioners, and whether it was included
in the documents accompanying the Governor's message.
Mr. THORNBURY replied that the Committee had never seen the report, nor
done anything about it; they had not yet had a meeting.
The SPEAKER said he was informed by the Clerk that no report from that
Commission had ever come into his hands.
Mr. PEMBERTON said the Commission he knew had made its report, and
communicated it, he thought, to the Governor; where it was then he
knew not.
Mr. BENTON said he was informed by the President of the Commission that
the report had been transmitted to the Governor, and should have been
among the documents. He would hereafter offer a resolution on the subject. . . .
THE STATE LIBRARY. Mr. Warwick offered a resolution to appoint a Select
Committee of three to act in concert with the Senate State Library
Committee to examine and report to the House in regard to recent damage,
and the wants of the Library. A number of exceedingly valuable works in
the library, he said, had been damaged by the recent flood, and it was
necessary that the Legislature should take some action on the subject
immediately, as neither the Librarian nor the Trustees felt that they
would be justified in doing what might be necessary to do.
The SPEAKER appointed as the Committee Messrs. Warwick, Tilton of
Sacramento, and Wright. . . .
Having no further business, at 1-1/2 o'clock the House adjourned.
DAMAGE TO CANALS IN CALAVERAS.--The Chronicle says:
The late rains have occasioned very serious damage to all the ditch and
canal companies in this vicinity, much more than we had heard of in our
last issue. The Mokelumne Hill Canal Company's flumes were very severely
damaged, and it will be felt for a long time in this district, as it will
take at least a month to repair the losses. At Campo Seco they lost all
the high flumes on French Hill, and a portion of the main flume near the
Flume House. Both the big acqueducts above here some two or three miles,
were blown down; they were constructed of very heavy timber, and from
fifty to seventy feet high. Two landslides occurred in the neighborhood
of Dr. Hoerchner's farm, carrying with them a large quantity of flume.
Their entire dam was also swept away by the rise in the river, and we
are informed cannot be replaced until the river falls; this will very
much retard mining operations, it being the only water to be obtained.
The loss to the company, both in time and expense, must be immense, as
these works are entirely of wood and these portions injured very expensive.
At Jenny Lind the long acqueduct was entirely destroyed. The Lancha Plana
Ditch Company we hear, lost their dam, besides having their ditch
considerably injured. Clark's ditch at Independence, and the Butte
Ditch, in Amador county, were more or less injured.
A VIOLENT CURRENT.--The violence of our river currents is inappreciable
by those who have never seen them at a season of high water. At Knight's
Ferry it was reported that a large iron safe and a pair of heavy
millstones had been washed away down the stream. At Snelling's the
iron safe phenomenon was again repeated; and yesterday we heard a
teamster tell a tale which sets even these stories in the baokground.
Some twenty miles east of Stockton, on the Mokelumne Hill road, two
heavy wagons were stopped last Thursday, on account of the rapidly
rising waters from the Calaveras, which had burst through and over
its banks in a perfect torrent, and found its way into the road. The
horses were hastily unhitched and driven to a place of shelter and
security, just in time to keep them from being washed away. In an
hour after, the current from the Calaveras, had increased so in volume
and force that both wagons, though heavily laden, were overturned,
the beds washed away, the wheels broken, the tongues and hounds twisted
off, the freight all swept out of sight, and everything reduced to
a perfect wreck. Among the articles of freight in one of the wagons
were several large casks of butter. some iron flasks filled with
quicksilver, and picks. The quicksilver flasks were carried a quarter
of a mile down the road and lodged in a sink hole: the picks and butter
casks have not yet been found.--Stockton Republican,
January 28th.
THE INDIAN PREDICTION.--We are informed that "Indian Jim," well known
all about this vicinity, told a family in town that there would be
several floods and much high water during the present Winter. Pointing
to the evening star, which has been exceedingly brilliant, he said:
"Star mucha wet; hold heap water;" and pointing to the trees, told
very nearly the depth of the snows here and of water in the
valleys--La Porte Messenger.
p. 2
. . . .
NEWS OF THE MORNING.
. . .The weather continues to be of a character to astonish even the
oldest residents of Sacramento. After a freezing spell, we were yesterday
visited by a genuine snow storm. At daybreak there was an inch and a
half of snow upon the ground, and there was a fall of mingled snow and
rain throughout the day. The rivers are still falling slowly, though
the fall in the Sacramento is hardly perceptible.
THE LEGISLATURE.
In the Assembly, . . . The Committee on Public Expenditures reported in
favor of the allowance of sundry bills for boat hire at Sacramento,
amounting in the aggregate to $1,100. The report was adopted after a
short and lively discussion. . . . From the Committee on Ways and Means
a majority and a minority report were made upon the Senate bill providing
for the removal of certain State offices to San Francisco. The majority
of the Committee reported two amendments--one requiring the removal of
the offices of the State Printer and Attorney General, and the other
providing that the cost incurred by the several removals shall net
exceed $2,000. The minority report was adverse to the bill, and gave
as reasons why it should not become a law, that the cost of removing
the office of the Secretary of State alone would not be less than
$5,000; and other offices in proportion, and that such removals were
by no means necessary. Shannon offered a substitute for the bill,
providing that the office of the Governor only be temporarily located
at San Francisco during the present session. This substitute was
adopted and passed the Assembly
"NONE SO BLIND AS THOSE," ETC--The San Francisco Mirror is
nearly as willfully blind to the condition of things in
Sacramento--and as persistent in its misrepresentations--as the
Nevada Transcript. In its issue of Tuesday it said:
In spite of the sunny view of the condition of Sacramento taken by
the UNION both of Saturday and yesterday, we are forced to come to
the conclusion that "the little unruffled sheet of water," lately
mentioned by the Bee, still remains in the streets. The UNION
of Saturday says that navigation on J street had become very much
impeded by the falling of the water, but in yesterday's issue it
gives an account of a burglarious entrance into a tailor's shop on
J street, near Seventh, in which it says the thieves "tied their boat
in front of an adjoining building," and we know well from former
experience of Sacramento floods, that if a boat laden with goods can
float on J street as low down as Seventh, the water must be of
considerable depth throughout the city. Sloops were sailing on M and
L streets on Sunday. The water is falling, but very slowly. The sun
is shining brightly, and drying the sidewalks from which the water
has receded. The water must still be two feet in depth around the
Capitol building.
There has been no water around the Capitol building since last week.
Boats could only reach J street on Seventh last Sunday by pulling them
there empty. There were sail boats on M and L streets on Sunday, but
no sloops. The actual condition of the city is bad enough without
being increased ten fold by those who, when they write about it,
draw on their imagination for their facts.
THE HOWARD ASSOCIATION.--The Pavilion received some accessions during
the past two days of families returning from San Francisco. A large
number have left for their homes, so that about two hundred only remain.
The intense cold has increased the outdoor labors to a large extent, in
providing adequate clothing, bedding and fuel. The dispensations for two
days past have been more numerous than at any time since the 10th of
January. What effect the melting of the snow will have to extend the
labors and duties of the members, remains to be seen. Families living
from ten to twenty miles from the city are sending in by every opportunity
for clothing, and the supply is again nearly exhausted. During the past
two days donations have been received from Heavy Dew, $10; R. J. Walsh,
Colusa, $20; Captain Foster, of the Red Bluff steamer, $50; Company K,
California Volunteers, Benicia, $140; Central Committee, San Francisco,
$1,000. The latter Committee also furnished twenty-five sacks of
potatoes. R. J. Walsh of Colusa donated four quarters of superior beef
and four sheep, all dressed. The number of men able and willing to work,
but who cannot find it, is very large; and if at any point in the State
such men are wanted, it would be a great benefit to the Association to
be so advised.
LOSS OF CATTLE.--A traveler from Sonora to Stockton, a few days since,
does not doubt that he saw at least five hundred head of dead cattle
between Burney's Ferry and French Camp, along the road [French Camp Rd.?
Mariposa Rd.?]. At places he observed as many as twenty-five head lying
dead in a space of forty feet. . . .
BY TELEGRAPH TO THE UNION.
Weather Reports.
CARSON CITY (N. T), Jan. 29th--10 P. M.
Weather clear and cold, with two inches of snow on the ground. River still
very high and streets flooded.
PLACERVILLE, Jan. 29th--10 P. M.
It has been snowing all day--about four inches on the ground--and now
raining slightly.
"CORRECT, NO DOUBT."--Under this head the San Francisco Mirror,
which seems to consider itself the defender of Governor Stanford,
on Tuesday last said:
The Sacramento Bee learns through its San Francisco correspondent
that Governor Stanford prepared a message in opposition to the removal of
the Legislature to this city, but was prevailed upon to withdrew it,
and the fatal resolution passed. "And," continues the Bee, "we may also
say more than this; that prominent men--men in position who are likely to
know--have assured us that if Governor Stanford had opposed the removal
as he might have done, no removal would have been had!" The Bee,
we doubt not, has been correctly "assured." Had Governor Stanford
extended the full weight of his "personal and political influence" in
retaining the Legislature at Sacramento--had he consulted his own
interests--had he listened to the counsel of friends--the resolution
of adjournment would probably have been defeated. But, to his credit
be it said, he lacked not the honesty to sacrifice personal consideration
to the public good. May the future Governors of California have nothing
worse to answer for.
Had the Goyernor listened to the counsel of friends, who advised him
to send in a message deprecating an adjournment to San Francisco, says
the Mirror, "the resolution of adjournment would probably have
been defeated." This is admitting precisely what is claimed here by men
who are personal and political friends of his Excellency. They express
the opinion confidently that had the Governor met the question of
adjournment with a vigorous opposition it would never have passed the
Legislature. This is conceded by the Mirror in its lame apology
for the Governor. It claims that he acted for the good of the State and
not from personal motives. Among the reasons for an adjournment the good
of the State was the last considered. Had the members and the Governor
been controlled by the public good, he would have advised them to pass
a few general bills which are needed, and then adjourn sine die, and
they would have followed his advice. The good of the State was not the
moving cause. Members complained that they were not comfortable, and
hence they were desirous to go where they could make themselves
comfortable. A large majority of the people of the State were suffering
ten times as much from unprecedented storms and floods, but still a
majority of their servants in the Legislature determined that they could
not transact the business of the State in Sacramento, because the storms
and high water rendered them so uncomfortable. They will be known
hereafter as the effeminate members of the comfort-seeking Legislature
of 1862. It is, too, the first Legislature in the State in which the
Republican party could claim a controlling power, and we are much
mistaken if the people do not look upon it as the party which, when
placed in power, sought to provide for the comfort of its members before
the business of the State could be looked after. His Excellency, too,
will escape wonderfully well if he is not classed as the Governor of
the personal-comfort-saeking [sic] party in the State. The adjournment
to San Francisco for personal comfort and convenience partakes too much
of the Miss Nancy, starched collars, polished boots, and silk stocking
class of professed public servants to suit the plain, common sense
notions of the majority of the people of California.
STATE OFFICERS.--Our San Francisco correspondent appears to have been
misinformed in reference to the course of the Secretary of State on
the removal question, and, as a consequence, we were misled. In the
report of the minority of the Committee of Ways and Means, upon the
expediency of moving the State offices to San Francisco, the members
say:
The Secretary of State authorizes the Committee to say that in his
opinion the cost of moving the appurtenances of his office to and
from the place designated in Senate Bill No. 16 would amount to but
little if anything under $5,000, while the expense attending the
transmission and execution of all business between the Legislature
and his office, for the entire session, would not exceed in the
aggregate the sum of $250, and he therefore recommends that no action
be taken in regard to the removal of his office, either on the ground
of economy or expediency.
This exonerates the Secretary of State from all accusations of having
favored and labored for the removal of his office to San Francisco.
His advice to the Committee was sound, as it leaned strongly to the
side of economy and legality. Advice of like character ought to have
been given by the Governor, for his duties, so far as legislation is
involved, might be performed as easily at the Capital as in San Francisco.
The new Controller thought his office, books, etc., could be removed
for $500, but ex-Controller Gillan gave it as his judgment that it
would cost $2,000, and that it would also take an expert from fifteen
to twenty days to rearrange the papers of the office for convenient
use and reference. The removal of the Surveyor General's office would
also prove troublesome and expensive, and not being particularly
necessary to legislation, the minority of the Committee thought that
office, as well as the Adjutant General's office, might as well remain
at the Capital. The vote of the Assembly, by which a substitute for
the Senate bill to remove all the State officers was adopted, the
provisions of which remove none but the Governor, will meet the decided
approval of the large majority of the people of the State. They were
sufficiently disgusted by the adjournment of the Legislature from the
Capital to San Francisco, to promote the personal comfort and convenience
of individual members, without adding the removal, for the further
convenience of members, of the State officers.
A SWEET LOCALITY.--In the vacant lot in front of the High School,
on Washington street, a dead hog has lain for several weeks, spreading
a rich peculiar aroma over the neighborhood. Under the sidewalk on
the east side of Mason street, just north of Washington street, a
defunct canine is doing the same healthful work; and on the north
side of the same block, opposite the French College, a goat, which
long since baaed its last, is gradually resolving itself into its
original elements.--S. F. Call
We would suggest that the whole matter be referred to that very
delicate member of the Legislature whose tender eyes were made sore
upon looking at a dead cow which lay within gunshot of the Capitol. . . .
LAND SLIDE.--Quite a large body of earth slid down from the mountain
on the west side of the ravine near the head of Rabbit creek, about
three-quarters of a mile from La Porte, recently. Considerable damage
was done the Feather River Ditch Company and the Dutchmen's claims. . . .
p. 3
CITY INTELLIGENCE.
EXTRAORDINARY SNOW STORM.--In addition to the other unusual and
extraordinary weather freaks of the season, Sacramento was visited
yesterday by a snow storm altogether unparalleled in the history of
the city. On two or three previous occasions snow had fallen sufficient
to whiten the ground, bnt never to lay any length of time, or to
accumulate in so large a quantity as was witnessed yesterday. At daylight
in the morning our streets and buildings were covered by snow an inch
and a half in depth, which commenced to fall about 2 o'clock A.M. During,
the entire day, with but little cessation, it continued to descend, though
the most of the time but slowly and accompanied occasionally with drizzling
rain. Through the day it melted as fast as it fell, and was nearly gone
by sunset. We learn from Doctor Logan that the amount which had fallen
by sunset was equal to a depth of about three inches in all, and that
reduced to rain it amounted to 0.200 or one fifth of an inch. Early in
the morning the snow was made available for the exercise of snowballing.
Men who had freely indulged in that exercise in years gone by, and in
lands remote, were tempted to lay aside their dignity and become boys
again, while our California boys, who had never seen a snow storm before,
took to the exercise as naturally as ducks to water. For a short time
in the morning, any one on our sidewalks required as much genius to keep
the top of his head--or at least his hat--from being knocked off, as did
a New Yorker, according to Mike Walsh, to keep from being run over by an
omnibus. Whenever the pedestrian on the sidewalk happened to be a Chinaman,
his chances of escape diminished in reciprocal proportion. Several
sleighs were improvised and made their appearance on the streets, drawn
by spans of horses. One of these was driven by J. Moore of the Jim Barton
stables, and one by Alexander Badlam, Jr. Had the quantity of snow
justified it we should doubtless have had as many sleigh builders at
work as we have had boat builders during the past month.
STATE AGRICULTURAL MEETING.--Pursuant to a call of the Board of Managers
of the State Agricultural Society, the annual meeting of the Society
convened at half-past two o'clock P. M. yesterday, at the office of
the Secretary, in Jordan's Building, J street, near Seventh. As had
generally been anticipated, in consequence of the stormy season, the
inundation of our valleys and the impracticability of traveling through
the State, the attendance was small. . . . Several other members thought
there would be danger in adjourning to an earlier date, as the city might
be inundated by the spring floods. The vote being taken on the motion of
A. K. Grim to adjourn to April 23d, was carried by ten ayes to three noes,
and the meeting was declared adjourned to that date.
TELEGRAPHIC REPAIRS.--For several days past the Telegraph Company has
kept a station open at Poverty Ridge, from which messages have been
dispatched to and received from such portions of the State as are
still in communication with the city. From the Ridge messages have
been brought in by boats. Yesterday the poles were set and wires adjusted
between the Ridge and the office on Second street, so that hereafter
messages will be dispatched from that point without interruption or
delay, as before the poles were washed down by the flood. The connection
between this city and San Francisco is not yet re-established, although
active efforts are in progress to effect that object. The line which
runs across Yolo county by way of Martinez and Oakland is complete from
the southern end to Jerome C. Davis' ranch, twelve miles from Sacramento.
Between that point and Sacramento the poles are gone. A piledriver
belonging to Davis has been engaged, and will to-morrow or next day
commence the work of driving piles in place of ordinary poles across
the tules, on which the wires will be placed. Small sized Oregon piles
will be used, about forty feet in length. They will be driven one
hundred and fifty yards apart, about twice the distance of the ordinary
poles. These piles will be driven through about five miles of tule,
beyond which the poles will be continued. It is presumed that the line
will be completed in ten days from the present time. It is found necessary
to adopt the piles in the tule as they cannot be uprooted by the water
as the poles have been.
RETURNED.--The San Francisco relief boat Volunteer, manned by Messrs.
Lovell, Hall, Kelly, Lathrop and Fisher, which left here on Sunday last,
returned yesterday noon. They left Mokelumne City about seven o'clock
in the morning and took a straight course across the plains. They say
the water has fallen on a level about three feet. At Mokelumne City
there was about five feet of water. Only about nine houses are standing
there, out of some thirty. At Richland there are only about five left.
This relief crew reports that there are large numbers of stock on the
route which they came, occupying elevated places, but have nothing to eat.
They think parties would do well to fit out water caft and supply the
farmers that way with grain. They are of opinion that a large amount
of stock must necessarily starve unless relieved soon. These boatmen
have done excellent service in their late expedition, and deserve much
credit. They report four inches of snow at Mokelumne City yesterday
morning.
THE CHANCES.--The chances of another inundation of the city will,
of course, be canvassed with considerable interest, so long as the
present rain continues. The Sacramento yesterday fell but little,
standing at sunset at about twenty-one feet ten inches above low
water mark. The snow in this city amounted to about three inches,
or the fifth of an inch of rain. At Placerville four inches of snow
fell. The snow in the valley and foothills will, therefore, amount
to but little in making up a flood. During the evening a steady,
though not violent, rain prevailed in this city and Placerville. Much
depends upon whether it was or was not sufficiently warm to melt the
deposits of snow in the mountain districts, which had fallen previous
to yesterday, which several days ago clothed the Sierras in a garb
of white.
POLICE COURT.--. . . The case of Lawson and Langtree, charged with stealing a boat, was continued until to-day. . . .
INHOSPITABLE.--The crew of the Howard relief boat "Volunteer" report
that they spent a night recently at the well stored residence of an
ex State Senator, on the Mokelumne river, in this county, but that they
were not invited, while there, to partake of a mouthful to eat or drink.
They also report that, during the late flood, a family without a boat,
in full view of the same residence, raised a flag of distress, but that
although the ex-Senator had an excellent boat, it was not sent near them
to proffer relief. . . .
NEW FLOUR MILLS.--Stockton & Coover have made a contract with parties
in Folsom for the erection of the building for their new mill, and are
in negotiation in this city for the construstion of the machinery. The
building will be constructed of stone, sixty feet by sixty feet square,
and four stories high. Provision will be made for running nine pairs
of stone. . . .
HOSE AND HYDRANTS.--The City Tapper cautions citizens against the
improper use of fire hose and hydrants, for the purpose of cleaning
sidewalks, stores, etc. Several hydrants have already been broken in
the above service.
WORK NEEDED.--The bridge across the ditch at Eighth and J streets is
in bad condition for the passage of teams. An hour's work on the part
of the chaingang would remedy the evil.
LATER FROM THE NORTH.--By the Cortes at San Francisco we have advices
from Victoria, V. I., to January 23d. The steamer Brother Jonathan and
barks Almatia and Industry were frozen in in the Columbia.
The British Colonist of January 23d says:
The steamer Cortes called at Astoria on her way up, with the intention of
proceeding to Portland, but, on finding the river frozen, she recrossed
the bar and came on to Victoria, where she arrived quite unexpectedly
last evening. At Astoria the officers learned that the Brother Jonathan
was frozen fast in the Columbia, about sixty miles above. The Jonathan
left Victoria on Sunday, the 12th January for San Francisco via Portland;
passed Astoria the next afternoon, and is supposed to have been frozen
in the same night. Considerable drift ice was coming down when the
Cortes left, and another attempt will be made to ascend on her down
trip. . . .
SACRAMENTO SUFFERERS.--A "man about town" is relating a pretty good joke.
It is in this wise: Wednesday evening, on the landing of the boat from
Sacramento, three members of the Legislature got into a hack. The driver
asked them where they wished to go: one answered, "Oh, somewhere on
Montgomery street; put us down at the Bank Exchange." The hack proceeded
to the place designated; the driver opened the door, politely assisted
his fare out to the sidewalk, and mounted his seat. One of the legislative
wisdom cried out, "Hallo! you've. forgotten your pay." With a bow the
hackman immediately replied, "That's nothing; I don't take any pay from
Sacramento sufferers!" and immediately drove off.--San Francisco Call.
DROWNED IN TRINITY.--Niel Cannon, who until lately has lived at Big Flat,
was drowned at Evans' Bar on January 1st. He was crossing, with two others,
in a small boat. . . .
REMOVAL OF THE CAPITAL.--The Legislature, since the inundations by the
late floods, has been very much exercised with resolutions to adjourn
to San Francisco and elsewhere. All these resolutions had but one
aim--the final and permanent removal of the Capital from Sacramento.
If these members who are anxious to once more get the Capital on wheels,
could have succeeded in carrying their resolution to adjourn temporarily
to San Francisco, they believed it would be quite an easy task to
convince the present Legislature, by contrast at this time, that the
Bay city was quite a superior place to Sacramento, to spend a Winter
in elegant leisure and indolent legislation, and that as a great favor,
and an act of justice to future legislators, they would vote to make the
Capital permanent at San Francisco. The scheme was well devised, and
very pretty sophistries urged, but fortunately for Sacramento, and
California at large, a sufficient number of sensible and honest
legislators were found to defeat the resolution in the Assembly, and
the State is saved not only thousands of dollars, but the disgrace of
having a traveling Capital.
Matthews.the representative from this county, and Senator Shurtliff, of
this District, both voted against the resolution, and in so doing,
expressed the views of nine-tenths of their reflective constituents
of Trinity.--Trinity Journal, January 25th.
The removal, however, was consummated subsequently.
SAN FRANCISCO.--Ice formed in San Francisco during the night of January
27th three-quarters of an inch in thickness. . . .
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION]
ASSEMBLY
SAN FRANCISCO, January 28, 1862.
The Speaker called, the House to order at 11 o'clock. . . .
REMOVAL OF STATE OFFICERS.
Mr. TILTON, of San Francisco, from the Committee of Ways and Means,
to which was referred the Senate bill No. 16--An Act to fix the temporary
residence of State officers of this State, and to repeal all laws in
conflict therewith, submitted a majority report, recommending the passage
of the bill with certain amendments agreed to by a majority of the
Committee.
Mr. DUDLEY of Placer, said he did not concur in recommending the passage
of the bill as amended by the Committee, though he might support the
bill with some amendments. He had not had time to prepare a minority
report, but when the bill came up he proposed to give his views at
some length.
Mr. BARTON, of Sacramento moved to lay the report on the table, and
that leave be granted the minority to make their report to-morrow.
Mr. TILTON of San Francisco (the motion to lay on the table having,
been temporarily withdrawn), said the Committee met at ten o'clock
this morning, all the members being present, and after discussing the
merits of the bill and the necessity of removal, a majority decided to
amend the bill as it now appeared and then recommend its passage. The
minority had had the same opportunity to prepare their report as the
majority had, and he was sorry to see them asking the House for an
unnecessary delay of another day. There was no necessity that they
should make a voluminous report, and a verbal report would be sufficient.
He therefore hoped the report would not be laid on the table.
Mr. WARWICK said he had supposed this question was laid at rest forever,
but he found there was more to-day in protecting the interests of his
constituents. Was it necessary that the offices of this State should
be removed from the Capital of the State? The principal communication
of the Legislature was with the Governor, and he had good reasons for
knowing that the Governor and the Secretary of the State were willing,
without any additional expense to the State, to have temporary offices
in San Francisco, which would be sufficient to conserve all the interests
of the Legislature. That being the case, would they be willing to vote
for the bill which would involve the State in far greater expense than
they had already incurred?
Mr. TILTON asked that the bill and proponed amendments .be read for the
information of the gentleman from Sacramento.
The bill was read as
amended. It provides that the Governor, Secretary of State, Treasurer,
Controller, Adjutant General. Surveyor General, Attorney General and State
Printer shall reside and keep their offices in San Francisco until the
first Monday in June, and should thereafter immediately return to and
keep their offices in Sacramento. Samuel Soule and D. B. Hoffman are
appointed Commissioners, without compensation, to act in conjunction
with the State Treasurer, to contract for and superintend the removal
and return to Sacramento of the property, archives, etc., provided that
the cost to the State of the removal of all the offices and appurtenances
shall not exceed $2,000. The closing section repeals all conflicting laws
and gives immediate effect. The amendments proposed by the Committee
were, first, to add the Attorney General and State Printer to those
whose offices were to be removed, and second, the proviso limiting expense
to the State of the removal to $2,000.
Mr. TILTON said the second amendment was intended to cover the removal
to San Francisco and back again; in other words, limiting the cost to
$1,000 each way.
Mr. WARWICK said that was what the bill specified; that was the bait
that was held out before the eyes of the Legislature, that they might
indorse the removal. Was there any man so forgetful of the past--was
there any man so blind to the future, as not to know that the moment
any of the contractors found themselves to be losers, they would come
before the Legislature with relief bills, and that those whose interests
were subserved by this measure would stand by them?
Mr. SHANNON (interrupting) said he had no objection to the gentleman
making his speech upon the merits of this bill when the proper time
came, but the question now whs simply upon accepting the report and
letting the bill go on file. The bill would subsequently come up in
its regular order, and then would be the proper time to discuss it.
The SPEAKER stated the question to be on accepting the report, and it
was accepted.
Mr. BARTON of Sacramento said the minority of the Committee of Ways
and Means had been able to propose a hastily drawn report on this bill,
which he would submit, and ask to have read.
The Clerk read the minority report. It sets forth--
That prompted by an anxious desire to obtain the most reliable data
upon which to estimate the expense of removing the archives and
furniture apperaining [sic] to the different State offices from the
Capital of the State at Sacramento to San Francisco, one of the members
of the Committee had visited Sacramento, and conferred in person with
each of the State officers in regard to the probable expense incident
upon such removal, and their statements, together with the opinion of
the ex-Controller, were respectfully submitted for the consideration of
the Assembly. The Secretary of State authorizes the Committee to say
that, in his opinion, the cost of moving the appurtenances of his office
to and from San Francisco would amount to little if anything under $5,000,
while the expense attending the transmission and execution of all business
between the Legislature and his office for the entire session would not
exceed, in the aggregate, $250. He, therefore, recommends that no action
be taken in regard to the removal of his office, either on the ground of
economy or expediency. The Controller, who was known to be in favor of
removal, gave it as his opinion that the expense of removing his office
would not exceed $500, while the Controller, Mr. Gilland, who had been
officially connected with the office for the past four years and a half,
thought the removal of the office to and from San Francisco would cost at
least $2,000, and that after the removal the services of an expert would
be required for fifteen or twenty days to arrange the contents of the
office so as to be accessible for Legislative reference. The Surveyor
General's office, from the most reliable data, would cost about $200 for
removal, and require at least a week to render it available. The Adjutant
General's office would cost about $150, but was of trifling importance
to the Legislature. The minority of the Committee, therefore, believed
that the entire expense of the removal to the State would amount
to $____ , without any corresponding benefit resulting therefrom.
They deem it unnecessary to remind the House of the financial
embarrassments of the State, and the late immense destruction of
property, which demonstrated the lamentable fact that the assessments
would fall short by approximately one third the assessments of the
past fiscal year. Independently of the existing State indebtedness,
the present Legislature would be required to impose additional taxation
for the support of the General Government. In view of the considerations
thus briefly alluded to, and the constitutionality of the bill being at
least questionable, they recommend that the bill be indefinitely postponed.
The report was signed by Messrs. Barton of Sacramento (Chairman),
Packer and Dudley of Placer.
Mr. FAY said he would simply suggest, as one of the Committee for
preparing rooms, etc., that the Committee rooms had not been assigned
yet for the reason that the Committee did not know whether the State
officers were coming or not and that would make a difference in the
assignment of rooms. The sooner, therefore, that this question was
settled the better, as it was important that the Committee of the
Senate and House should have their rooms assigned so as to go to work.
The SPEAKER said it was in the power of the House to suspend the rules
and act upon the report, otherwise the minority report would be received
and placed on file.
Mr. DUDLEY of Solano said the estimates made in the minority report were
something like the estimates made by the opponents of the removal of the
Legislature from Sacramento.
Mr. TILTON of San Francisco (interrupting) said he should be obliged to
call the gentleman to order. There had been no motion made to suspend
the rules, and consequently there was no question before the House.
The SPEAKER said he was waiting to see whether the gentleman was about
to terminate the remarks with a motion.
Mr. DUDLEY of Solano said he would move to take up the report.
Mr. SHANNON said he hoped not, for they would reach that order of
business in a short time.
Mr. REED said he knew of no more important business likely to come
before the House to-day, and he was in favor of reaching the matter
at once [b]y suspending the rules.
The House refused to suspend the rules by a vote, on a division, of
ayes 28, noes 29. . . .
THE SACRAMENTO BOAT BILLS.
Mr. HILLYER, from the Committee on Public Expenditures and Accounts,
to which was referred the accounts of the boatmen engaged by the
Sergeant-at-Arms during the flood at Sacramento, reported that the
Committee had examined accounts presented amounting in the aggregate
to $1,460.50, had made some reductions, allowing an aggregate of $1,104.
The Committee recommend the allowance and payment of the amount, and the
adoption of the following resolution:
Resolved, That the Controller of State be and he is hereby
authorized to draw his warrant in favor of J. H. Clayton,
Sergeant-at-Arms of the Assembly, for the sum of $1,104, payable out
of the contingent Fund of the Assembly, and that the Sergeant-at-Arms
be instructed, upon the receipt of the said sum, to pay each of the
above claimants the amounts allowed by the Committee.
Mr. FAY inquired why the amount had been reduced.
Mr. WARWICK said the amount allowed was $1,104, and the Citizens'
Committee had paid $500 or $600 more, making a total of about $1,700.
The actual time the Legislature was in session during which boats were
necessary did not certainly exceed six days, yet they were called upon
to pay about $275 a day for boat hire. He understood that the boatmen
received only $20 a day, and there was a great portion of the time that
he could not find a boat. He would like to know how many boatmen were
employed. He was not able to tell which of the boats belonged to the
House. Some, to be sure, were labelled "Legislative," but those were
provided by the citizens of Sacramento, and paid for out of their own
pockets, notwithstanding they had a few inches of water in some of their
cellars. Others were paid by private individuals, which would swell
the aggregate to nearly $2,000.
Mr. BATTLES said there were many of the bills which they could learn
nothing about. If the gentleman from Sacramento objected to the bills
he presumed the House would consent to allow the city of Sacramento
to pay them, but among the bills for boat hire were those of two of
the strongest opponents of the removal, one of whom was the gentleman
from Alameda (Mr. Bell.)
Mr. BELL--will you allow me a moment only to explain?
Mr. BATTLES--When I get through.
Mr. BELL--It is the first I have ever known of any bill presented by me,
sir.
Mr. BATTLES said the bills were allowed upon a basis of $20 a day for
a boat with two men, and four bits for a passage or single trip, although
he had himself paid all the way from $1 to $2.50 per trip. He thought
the allowance was fair for the labor done, and did not doubt that there
would be several more bills presented. If it was desired that Sacramento
should pay the bills he would be in favor of giving her the privilege.
Mr. BELL said he had never presented any bill for boat hire, or heard
of one before.
Mr. BATTLES said the bill was in the hands of the Committee.
Mr. DUDLEY, of Placer, said he did not desire to enter into much
discussion of those disagreeable aquatic scenes which they had gone
through in Sacramento. They had by resolution authorized the
Sergeant-at-Arms to hire these boats, and he hoped they would be
paid a fair price. Still the Committee should have ascertained exactly
what they were paying for, and not pay for pleasure excursions on
that one bright Sunday in Sacramento, or for conveying bands of sweet
music to cheer the drooping hearts of those who had been submerged.
Did the Committee get the names of those who had been transported or
rather conveyed in boats [laughter] to and from the Capitol? He was
required to enter his name on a ticket when he left the boat, and
the Committee should have had those tickets as vouchers. On the
pleasant Sunday referred to he had seen boats labelled Legislative
going up and down L and other streets, with distinguished members of
the Legislature at the stem and the stern, and ladies--God bless
them--he was glad to see them out, but did not believe it was the
place of the Legislature to pay for it. The ladies appeared at the
Capitol when the vote was taken on removal, and it was rung in their
ears that so long as the ladies could remain they ought to stay. But
if they refused to pay the just claims of these, they, the seceders
from Sacramento, would hear of it for years afterwards.
Mr. WARWICK said on that Sunday referred to the boats were paid for
by the citizens, and the Legislature was not called upon to pay a
dime. Nor were they called upon to pay for the bands which discoursed
the eloquent music that delighted the dreams of the gentleman from
Placer. Very possibly this bill was all correct, but he had laid down
a course of action in view of the enormous frauds of the past, and that
was that every time a bill was presented making an appropriation, to
sift the matter to the bottom, and if he was not fully satisfied of
its justice he would oppose it, no matter how many of his personal
friends or colleagues might have other bills to urge.
Mr. FERGUSON said this matter was consuming more time than was necessary.
It was a simple thing, and he was astonished to hear gentlemen sticklish
about paying the Sergeant-at-Arms for what the House had ordered done.
Did his colleague wish to cheat some poor boatmen, who had waded middle
deep to keep the gentlemen's boots dry in Sacramento? There might be
some inaccuracies in these bills, yet he did not think they were exorbitant.
The citizens of Sacramento had paid $600 It was true, and even more than
that. The Legislature employed ten boats at $20 each, making $200 a day;
and here was a bill for only $1,100, and those boatmen considered it a
harvest season for them. Many of them bought their boats at a large cost,
in order to make money, and the Legislature having employed them, ought
to be willing to pay them a fair compensation.
Mr. FAY agreed with the remarks of Mr. Ferguson, and inquired why it
was that the bills had been cut down. They did not appear to him
extravagant.
Mr. ZUCK inquired what other claims were likely to be presented.
Mr. HILLYER explained the report. The bills had come before them in
every conceivable shape, and they conferred with the Sergeant-at-Arms
and his Clerk as to who had been employed. Where a man had charged more
than twenty dollars a day for his boat, they cut down the charge; and
they had also cut down the charge for single passengers when it exceeded
fifty cents for each passage, and that was the only cutting down. The
boats were employed for about seven days--four days during the first
flood, and three during the second.
Mr. AMES said it would be repudiating their own action to reject these
claims. If they were going to censure any one it should be the
Sergeant-at-Arms, and not these boatmen. He thought they had got off
cheap by paying $1,100. As to the sunny Sabbath referred to, he paid
on that day $5 for riding in a boat to the walls of the proposed Capitol
building. On the whole, he thought the Sergeant-at-Arms was liable to
censure for not bringing in larger bills.
Mr. EAGAR called for the read of the report in detail, and it was read.
It consists of eighteen items, of which eight were reduced, the reduction
varying from 10 to 15 per cent. The largest item was that of J. E. McIntyre,
whose bill was $525, and reduced by the Committee to $420. Among the items
were claims of Wm. H. Barton and J. E. Benton for 50 cents each.
Mr. BENTON said he wished to explain that item, but was unable to get
the floor.
Mr. CUNNARD said he thought the Sergeant-at-Arms should be able to give
the names of those he had employed, and the amounts due them. Then there
could be no misapprehension in regard to the report.
Mr. AMES moved the previous question, which was sustained, and the
resolution reported by the Committee was adopted. . . .
THE REMOVAL OF STATE OFFICES.
The House proceeded to the consideration, in its regular order, of
Senate Bill No. 16--An Act to fix the temporary residence of the State
officers of this State--the question being first on the amendment of
the Committee to include the Attorney General and the State Printer
in the provisions of the bill.
Mr. COLLINS said that amendment would make the bill read awkwardly. If
that should pass it would become necessary for the Legislature to provide
an office for the State Printer, in accordance with the terms of the
bill--a thing which had never before been heard of. He was opposed to
the removing of the State officers at any rate, and saw no good in it
whatever. There was no use in bringing the Attorney General's or
Surveyor General's offices to San Francisco, and the same was true of
some others which it was proposed to remove. It was true that one of
the amendments limited the cost to $2,000 for removal both ways, yet
they all knew that if those offices were brought here it would be
impossible to get them back again for any such sum, and he doubted
whether they could be got back at all. If the contract were now made
to take them back the parties contracting might not be in existence
at that time, and they would have to make another contract, and the
Legislature at its next session would be called upon to foot a heavy
bill. He knew it would be a matter of convenience to members, and
perhaps to Committees, to have those officers here for the time being,
yet he believed that this was the place to show that they were resolved
to practice economy. He was determined to vote against all bills
removing State officers from Sacramento, yet he would concede that it
was due to the State Printer to make him some amends for the expense he
would be put to by the removal. His was not an office of the Government,
however, and he was at liberty to locate his office wherever he pleased.
Mr. AMES said the gentleman last up was liable to run mad upon questions
of economy, and he might regard him as a negative man. He had said that
the Attorney General need not be in San Francisco, but he (Ames) thought
that the law officer of the Legislature ought to reside where the
Legislature was. He had various duties to perform in connection with
the Legislature, and ought by all means to go with it. They needed to
consult with him, and they had already this session seen the benefit of
such consultation. They were told at Sacramento, when sitting silently
and listening to the arguments of the other side, that the State would
be bankrupted by the removal: they were told in the most solemn manner,
with hands raised and eyes uplifted, that if the legislature was removed
the State officers must inevitably come also; yet now these same men
were declaring that there was no necessity for it, although they had
used that argument of absolute necessity as a bugbear. Those men were
not working for economy, but for that old W--e Buncombe.
Mr. SAUL inquired if the gentleman was not one of those who used the
argument in Sacramento that if the Legislature adjourned to San Francisco
that would not create a necessity for removing the State officers.
Mr. AMES replied that he did not, and the gentleman would not be able
to find it on record. He did not claim that the removal was intended
to be temporary only, and this bill was worded so as to make it
temporary. The argument then was that the removal was an entering
wedge for the purpose of removing the Capital, but he had seen no
disposition on the part of the majority to carry out any such purpose.
There was less to be moved in the case of these State officers than in
the case of the Legislature, and the contract could be made at a low
rate. He did not believe it was possible to conduct the business between
the Legislature and the State offices by means of messengers. He did not
believe the Legislature would be willing to transmit its bills to the
Governor for his signature by the hands of any messenger. The bills
might be materially altered on their way, and they had had enough of
that sort of legislation to induce them to guard against it.
Mr. SHANNON proposed to amend the bill by a substitute, striking out
all after the enacting clause and inserting the following:
Section 1. The Governor of this State is hereby authorized and required
to reside and hold his office at the city of San Francisco during the
thirteenth session of the Legislature.
Sec. 2..All laws in conflict with this Act are hereby repealed.
Sec. 3. This Act shall take effect from and after its passage.
Mr. SHANNON said he thought all that was necessary was to authorize
the Governor to hold his office here, and in his opinion he would do
so without an enactment; he had been given to understand as much. It
would be better, however, to authorize him to do so by an Act, because
it might save some technical questions hereafter in matters of law.
This was all that the exigencies of the case demanded, and they could
get the sense of the House upon the substitute. If that was adopted,
it would of course dispose of the whole question. That was the whole
thing in a nutshell. The temporary inconvenience of the State officers
residing at Sacramento did not justify the expenditure and risk of
removing them, with all the archives and the money in the Treasury.
Their business with the Treasurer could be transacted at a very trifling
expense, and their business with the Secretary of State, whose office
was the one with which they had most to do, could also be done through
messages at a trifling expense. They had not sufficient connection
with the offices of the Controller, Surveyor General and other State
officers to justify their removal in any event. Therefore he was
opposed to the original bill. Suppose they removed the Treasury from
the safe vaults which it now occupied in Sacramento, it was
possible--he would not say probable--that while on the way some
accident might happen. The steamboat might blow up, or the money be
stolen, and in such an event the people would justly hold them
responsible for the loss, He did not wish to place himself in that
position. All their relations with those State officers would require
only now and then a messenger, at an expense of six or eight dollars
a day, while to move the offices down to San Fransisco and back would
cost, in his opinion, a great deal more thin two thousand dollars.
Though the bill limited the expense to that sum, yet he remembered
that relief bills were very fashionable in this State, and if it
actually cost ten thousand dollars, the amount would be paid by some
future Legislature.
Mr. CUNNARD said he wished to offer an amendment to the substitute,
by inserting the Secretary of State and the Controller.
The SPEAKER said it would not be in order until the substitute should
be adopted.
Mr. SHANNON concurred in that decision.
Mr. WATSON moved the previous question.
Mr. HOFFMAN said he hoped an opportunity would be allowed to members of
the Committee to give their views. Some proposals had been handed to him
which he would like to read for information.
The previous question was sustained.
Mr. MEYERS said there was no doubt that these State offices could be
brought here at an expense of only $1,000; that was a fixed fact. If
they could be brought for that, they would not under the bill proposed
be brought at all; so that all the talk about expense of removal was
mere moonshine. As to taking them back again, the expense might be an
open question. The parties now running steamers between here and
Sacramento might not be in existence then, but he presumed there would
be steamers running, and it was very likely that means could be found
for conveying them back, at the usual rates of fare at least. If the
Government had honest and faithful servants, there was no reason why
they should not get their business done as economically as other parties.
He thought there was some inconsistency shown on the part of those who had
urged the absolute necessity of removing the State offices as an argument
against the removal of the Legislature. Those who were in favor of the
adjournment to this place had said comparatively little in the argument.
The most of the time was occupied by those who opposed it. From the
beginning it had been the sentiment of both Houses to adjourn here, and
the opposition to that measure, by protracted debate and maneuvering,
had cost the State not less than $25,000. The same course was being
pursued now, and the debate upon this measure was likely to cost more
than the expense of bringing down the State officers and taking,
them back again. He urged the necessity of removing the Surveyor
General's office on the ground that documents in his possession were
very necessary to be examined by the Committee on Swamp and Overflowed
Lands, who would have important business to transaacct. He presumed that
there would also be questions of constitutional law arising in the
various Committees, which would render it necessary to consult the
Attorney General. If those offices were not brought here, the
Committees would have to go to Sacramento, at a great expense of
mileage and time, which would tend to extend the session. If they
could curtail the session only three days, it would save more than
the cost of removal.
Mr. SEARS said he thought there were other officers which it was
fully as necessary to have in San Francisco as the Governor. The
Governor was allowed ten days within which to sign bills, but some
of the other officers must do business within one day, for instance,
the law required the State Printer to furnish; when required, the
Journals of the preceding day, but that would be impossible if his
office remained in Sacramento. The adjournment of the Legislature
to San Francisco forced the Printer to remove with the
whole paraphernalia of his oflice. He hoped the substitute would
be voted down, and the bill panned in such a shape as to move the
officers, which were absolutely required.
Mr. DUDLEY of Placer, said he had dissented from the recommendation of
the majority of the
Committee in regard to th« removal some of these offices, but it was
necessary that the Governor at least should be authorized to keep his
office here, and perhaps some others. He was opposed, however, to the
amendment including the State Printer and Attorney General. There was
no law compelling the State Printer to keep his office at any particular
place, and he was informed that frequently since the seat of Government
had been in Sacramento, the printing had been done in San Francisco. It
was a fact, too. that the removal of the State Printer's office would
involve a greater expense than any of the others. Besides, his office
was already here. If they passed this bill as reported it would afford
a precedent for future action, and be the groundwork for importuning
the Legislature for relief bills. The Attorney General was not required
to keep his office in any particular place. His principal business was
with the Supreme Court, who had now adjourned to the 1st of March; and
the effect of including him would be to require him to have his office
and reside in San Francisco until the 1st of June, so that he would not
be able to attend the Supreme Court when it should meet in March next.
As to the removal of the Treasurer, with all the finances of the State,
he considered it a delicate matter. There were now in the Treasury
$300,000 or $400,000, and the Treasurer had given bonds for the safe
keeping of those funds. If they required him to remove, they would put
additional labor upon his hands, and give him duties which were not
imposed by law when he was elected. It would be a question whether his
bonds would cover the cases which might arise. He did not intend to
reflect upon the Treasurer or anybody else, but judging the future from
the past, he would suggest that they could not throw too many safeguards
around the Treasury. He had opposed the removal of the Legislature on
the ground that vexatious lawsuits might arise, bringing in question the
validity of their acts, passed at a place outside of the Capital of the
State, and he believed that now, in order to make assurance doubly sure,
they ought to pass a bill authorizing the Governor to remain here during
the session. Let them overlook the inconvenience of the absence of the
other State officers. He would be asked why he required those officers
to remain in Sacramento if he could not remain himself, and he would
frankly admit that that would be rather a knotty question for him to answer.
But Sacramento was a bad place for any one to live in at present, and
legislation could not have been carried on there in a proper manner.
Mr. REED said this bill proposed to do a specific thing for a specific
sum of money, and the question was, in the first place, was that
specific thing necessary; and in the second place, could it be
accomplished for that specific amount. He did not regard as very
statesmanlike the argument advanced upon the supposition that the
steamer might be blown up or sunk in the Bay, nor that on the 1st of
June the price of freight and transportation might rise, and the parties
contracting might not be able therefore to do their work for the amount
specified. These were contingencies against which no human sagacity or
legislation could provide. The possibility of relief bills being introduced
hereafter was another similar contingency. The minority report had presented
extravagant figures in regard to the expense of removal, but they were no
more extravagant than the estimates which had been given of the expense of
the removal of the Legislature and its furniture. Those estimates were
made by the same men, and were entitled to the same degree of credibility.
He had voted for the removal of the Legislature, not on the ground of
personal convenience, but for the public good. He regretted its necessity,
but believed it was demanded, as a matter of public economy, and on the
same ground he should vote for the removal of the State offices. It would
be more economical to expend $2,000 for that purpose than to endeavor to
get along with business without them, and thereby protract the session a
week or ten days. The swamp land question was likely to be one of great
magnitude and importance, and it would therefore be essential that the
Committee on that subject should be in intimate communication with the
Surveyor General's office. The matter of the School Fund, referred to
in the Governor's message, was also likely to be an important question,
and the Committee on that subject would need to have access to documents.
If the State offices were not removed, Committees might be obliged to
spend a week in investigating a single point.
Mr. COLLINS said he should vote for Mr. Shannon's substitute upon the
score of economy, and he wished to say to gentlemen that their bugbears
about buncombe would have no influence upon him. He had never been an
office-seeker, and had never solicited office or position, either from
National or State authorities, and if he held position at all, it was
the free offering of the people. He thought it necessary as a matter
of convenience that the Governor should have his office here during
the session, and did not doubt that it would also be convenient to
have the other offices, but that convenience would not outweigh the
expense. He was fully convinced that even if the State offices were
brought here for $1,000, they would never be got back again for that
sum. The question of the removal of the Legislature had been
unnecessarily dragged into the debate, and he would say that while the
opponents of that measure might have made a little the longest speeches,
its advocates occupied about as much time and caused the expenditure of
quite as much money. He did not understand the opponents of the measure
to argue that if the Legislature was brought to San Francisco the State
officers must of necessity follow them; but they did contend that that
would be the next step of the friends of removal on the score of
convenience, and upon that hypothesis they based the estimates of the
great cost of removal. They took into their calculations not only the
cost of the removal of the Legislature, but of the State offices also.
It was a novel argument, urged by the friends of the removal, that the
opposition to a measure ought to be silent because debate would consume
time, and let them have it all their own way. He did not see that they
curtailed their own speeches on that score, and he thought he had as
good a right to be heard as any other man. He would be in favor, as an
act of justice, of reimbursing the State Printer for the absolute expense
of his removal, because he was forced to move his office by the action
of the Legislature; but that should be done by relief bill, and not
by an Act which would render his office a State institution.
The SPEAKER called attention to the rule prohibiting members from passing
between the Chair and the person speaking.
Mr. WARWICK said he would state for the information of the House that
the Governor was willing to conserve the interests of the State and the
convenience of the Legislature, by having a temporary office in San
Francisco without any cost whatever to the State of California. What,
then, had the Legislature more to desire. He had been elected to the
Legislature upon the score of public economy, and an honest administration
of public affairs. He was expected to raise his voice against all
useless expenditures, and he felt it his duty to inquire what necessity
there was for the action proposed to be taken. Gentlemen said he might
as well give up the battle, that he was in the hands of the Philistines,
but he was not willing to yield yet, and most earnestly protested against
this removal. If gentlemen would look over the proceedings of the last
few years, they would see that hundreds of thousands of dollars had been
voted away to pay parties who had transacted business for government
beyond the amount of their contracts. Charles Clark, formerly Sheriff
of Calaveras county, brought in a bill a year ago for $5,000, for
arresting criminals in 1855, which was a case of a similar nature.
Let the Legislature pay one of these claims, and the next year or the
year after, as soon as a Legislature could be elected convenient for
the purpose, up would come relief bills of similar character for other
parties, and the claimants would have their friends ready to back them
up. He was afraid to speak of these matters lest he should be flying
in the face of some of his colleagues, one of whom had charged him
to-day with the desire to elect boatmen; and might in like manner
accuse him of trying to cheat the steamboats out of a good job. He
did not desire to cheat anybody, nor to allow the State to be cheated.
The question of the necessity of the removal of these officers was not
broached by the friends of removal at Sacramento, and if it was
contemplated, then the purpose was never disclosed. He considered it
as another step in the programme. They had a large State Library in
Sacramento, and he for one felt the want of it very severely, having
no access to any one of the public libraries in this town. and he
would not be surprised if some of these gentlemen should suggest next
to bring the State Library down. It would only load two or three sloops,
and a room could be hired for it at perhaps $1,000 a month; and they
could send it back again for $2,000 or $3,000 more; and so their expenses
would go on increasing until it reached an amount which no gentleman
contemplated in the beginning. There was no necessity for any action
of this kind, because the Governor and the Secretary of State had
signified their willingness to have their offices here without any
cost whatever. He did not think that gentlemen, fully believed that
a contract of removal from Sacramento and back again for $2,000, would
ever be literally fulfilled. The expense would be increased in various
ways. As to the State Printer, he did not see the slightest necessity
for his removal. There was a good office in the building which he
occupied in Sacramento, immediately over the old office, which would
have been amply sufficient; and the necessity for the removal of the
State Printer had only impressed itself upon that officer and his
friends. There was no more need of his moving to San Francisco than
of taking a moonlight excursion to the skies: and if, unfortunately,
he had involved himself in that expense, he ought to foot the hill.
Mr. SEARS inquired how the State Printer was going to furnish the
Journals of the preceding day if he remained in Sacramento.
Mr. WARWICK said he believed that never had been required. He for one
was not willing to go back as a cheat and a swindler to his constituents,
belying every action of his life and every promise made previous to the
recent election, and should, therefore, vote against the removal for the
sake of retrenching expenses,
Mr. MEYERS, said there was no use of indulging in these wild
suppositions. The Committee was by the terms of the Act, to contract
for the removal at a stated price, and he presumed the steamboat lines
were owned by responsible parties who would not contract unless they
knew what they were going to do. If afterwards they brought in relief
bills, he doubted very much whether they would be allowed. Looking at
it in a business point of view, he thought there was no danger of
enormous expenses being incurred. He, too, was elected under promises
of retrenchment and reform, and on that very ground he should vote for
this measure, because by having officers here they would be enabled to
shorten the session. When measures came up which really involved
retrenchment, he would be ready to go as far as any man.
Mr. SMITH of Sierra moved the previous question.
Mr. SAUL said he hoped they would give all a chance to express their views.
The demand for the previous question was seconded.
Mr. HOFFMAN said they might as well attempt to run a wagon with three
wheels as to legislate for the next three months without the State
offlces. If they were not here, they would have to communicate with
them by steamer, and the expense of sending messenger after messenger
to Sacramento, for the various Committees and the two Houses would
be greater than the expense of removal.
Mr. SHANNON said he desired to ask the gentleman, as a lawyer, whether
or not he believed the removal of the money from the vaults of the
treasury would affect the bonds of the Treasurer.
Mr. HOFFMAN said he would come to that in a
moment, and in the meantime would refer the gentlemen to the Committee
on the Judiciary. He was for voting down the amendment and passing the
bill as it came from the Senate, whose judgment they ought to respect
in this matter, and save the long discussion, which amounted to nothing.
He looked upon the Treasurer as the servant of the people, and the two
bodies assembled there were the people, and had power to do anything in
the name of the people, except where they were restricted by the
Constitution. As one of the Commissioners named in the bill, he would
state that he had received a proposal from a respectable source to bring
everything connected with all the offices moved from the State House in
Sacramento to the State House in San Francisco; and if necessary, bonds
would be given to that effect, which should go to the extent of covering
the amount of money now in the State Treasury. The expense of removing
the Legislature had been largely overestimated, as had also been the
case with regard to this measure, and various other factitious arguments
had been resorted to. Personal convenience had been rung in his ears
till it began to sound to him as Jacob Astor's trip hammer did, which
every time it fell made him richer. There would be no necessity for
removing the State Library because the people of San Francisco had
generously opened the doors and given the Legislature access to every
library, public or private. He considered this discussion as anything
but economical, and in conclusion arraigned the opponents of removal
for inconsistency.
Mr. SAUL said when the Legislature adjourned to San Francisco he had
supposed he would not again be called upon to protest as a representative
of Sacramento against the efforts which were being made to deprive her
of the State Capital. They made their fight in Sacramento, urging that
the proposed removal of the Legislature was but the first step toward
the permanent removal of the Capital, and he then predicted that the
next step would be just such a bill as the one now before them. There
was a lump of sugar in that bill in the section providing for the
return of the State offices in June, but the next step in the programme,
perhaps, would be to repeal that section, and then locate the Capital
at some other point. He knew there were members who had said the
Legislature never would meet again in Sacramento, and he could lay
his finger upon men who were opposed to ever allowing it to return there.
This bill was a part of their programme, and it was working magnificently.
Some who had voted for the removal of the Legislature did so honestly,
believing that they were voting for the best interest of Sacramento.
They came to the Sacramento delegation urging that they ought themselves
to introduce that measure, but the delegation replied that there was the
place to make the fight, for in reality it was a fight on the permanent
removal and not on the temporary adjournment. They had now reached the
second step in the programme. Reflections had been cast unjustly upon
the Sacramento delegation, and upon the noble, disinterested men who
stood by them and would not be driven from their convictions of right
and justice. He had no reproaches to make against those who had voted
honestly for the removal, for he knew that many of them would vote
against this proposition. It might be true that gentlemen were willing
to give bonds to remove those offices for $1,000, but if they did so,
there would be additional expense coming out of somebody's pocket.
The minority of the Committee of Ways and Means had carefully and
intelligently estimated the expense of removal, and he belived [sic] their
estimate was correct. The Secretary of State had repeatedly told him
that his office could not be removed for less than from $5,000 to
$10,000. It contained from six to ten tons of documents, the
accumulation of the last thirteen years, and much greater care would
be required to remove them than in removing mere furniture. Some of
the State officers were anxious to come down, being personally opposed
to the location of the Capital at Sacramento. Who was to pay the expense
of removing them back? It would ultimately come out of the State, and
would have to be paid for roundly. The removal of the State Printer did
not require an Act of the Legislature, and one of the proprietors had
assured him that the removal damaged them over $3,000. He presumed they
would come to the Legislature for relief, and he presumed that with the
same magnanimity that had been evinced by the gentleman from San Francisco
(Mr. Battles) towards the boatmen, that the relief would be granted.
They could appoint a couple of trustworthy messengers to communicate
with the State officers in Sacramento, and do all the business, and
if necessary they might be required to give bonds. .Responsible men
were willing to take the trouble of transacting all their business,
and even of transmitting the funds to pay the Legislature in San
Francisco, without its costing the State a dime. He trusted that
gentlemen would not be deluded by the men who were urging this scheme
of removing the State Capital piece by piece. The city of Sacramento
was not dependent upon the Capital, but there was a matter of pride
involved. A few men who had invested hundreds of thousands there to
accommodate the Legislature, would suffer by the removal, but Sacramento
contained a population as energetic and enterprising as any people upon
ths face of the earth. They had gone through fire and flood, and would
survive even the removal of the Capital. If they were to go through the
streets of Sacramento to-day, they would see no despondency in the faces
of her merchants. The citizens of Sacramento would next week, or as soon
as the waters should subside, go to work to repair the damage done, and
go on again with as much energy as ever. He did not envy those who would
place their foot upon the neck of a community when it was prostrate.
Mr. DUDLEY, of Solano, moved the previous question, which was sustained.
The ayes and noes were demanded upon the adoption of the substitute
proposed by Mr. Shannon, authorizing the Governor only to reside and keep
his office in San Francisco.
The vote resulted as follows:
Ayes--Amerige, Avery, Barton of Sacramento, Benton, Campbell, Collins,
Davis, Dean, Dennis, Dudley of Placer, Evey, Ferguson, Fraaier,
Griswold, Hoag, Irwin, Kendall, Love, Machin, Matthews, McAllister,
Morrison, O'Brien, Parker, Pemberton, Printy, Reeve, Saul, Seaton,
Shannon, Smith of Fresno, Smith of Sierra, Thompson of Tehama, Thornbury,
Waddell, Warwick, Werk, Wilcoxon--38.
Noes--Ames, Barton of San Bernardino, Battles, Bigelow, Brown, Cunnard,
Cot, Dana, Dore, Dow, Dudley of Solano, Eliason, Fay, Hillyer Hoffman,
Jackson, Lane, Leach, Loewy, Maclay, McCullough, Meyers, Moore, Porter,
Reed, Sargent, Sears, Teegarden, Thompson of San Joaquin, Tilton of San
Francisco, Tilton of San Mateo, Van Zandt, Woodman, Wright, Yule, Zuck,
Mr. Speaker--37.
So the substitute was adopted.
Mr. BELL declined to vote.
Mr. MATTHEWS, in explaining his vote, said he would vote for the original
bill but for the fact that it proposed to remove some officers which were
not at all necessary. The question recurred upon the passage of the bill
as amended by the substitute, and the ayes and noes were demanded.
Mr. BROWN moved that the House adjourn.
Mr. SHANNON raised a question of order, that the motion to adjourn was
not in order under the previous question.
The SPEAKER--The gentleman from Plumas is unquestionably right.
The vote on the passage of the bill was taken, as follows;
Ayes--Amerige, Avery, Barton of Sacramento, Benton, Campbell, Collins,
Davis, Dean, Dennis, Dudley of Placer. Evey, Ferguson, Frazier, Griswold,
Hoag, Irwin, Jackson, Kendall, Love, Machin, Matthews, McAllister,
Morrison, O'Brien, Parker, Pemberton, Porter, Printy, Reeve, Saul,
Seaton, Shannon, Smith of Fresno, Smith of Sierra, Thompson of Tehama,
Thornbury, Waddell, Warwick, Wilcoxon--39.
Noes--Ames, Barton of San Bernardino, Battles, Bigelow, Brown, Cunnard,
Dana, Dore, Dow, Dudley of Solano, Eliason, Fay, Hillyer, Hoffman, Lane,
Leach, Loewy, Maclay, McCullough, Meyers, Moore, Reed, Sargent, Sears,
Teegarden, Thompson of San Joaquin, Tilton of San Francisco, Tilton of
San Mateo, Van Zandt, Werk, Woodman, Wright, Yule, Zuck, Mr. Speaker--35.
So the bill was passed.
Mr. SHANNON moved to amend the title so as to read: An Act to fix the
temporary residence of the Governor of the State of California, and to
repeal all laws in conflict therewith. The title was so amended. . . .
At a quarter before three o'clock, the House adjourned. . . .
Sacramento Daily Union, Volume 22, Number 3383, 31 January 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION]
SENATE
WEDNESDAY, Jan. 29, 1862.
The President called the Senate to order. . . .
THE RESIDENCE OF STATE OFFICERS.
The Senate proceeded to the consideration of a message from the Assembly,
announcing the adoption of an amendment to Senate Bill No. 16, relative to
the residence of State officers, striking out State officers and inserting
Governor.
Mr. CHAMBERLAIN moved that the action of the Senate be adhered to, and
that a Committee of Conference be appointed.
The PRESIDENT said the question was upon concurring. If the Senate did
not choose to recede, a Committee of Conference could then be appointed.
Mr. CHAMBERLAIN withdrew hie motion.
The question being taken, the Senate refused to concur. . . .
ASSEMBLY.
Wednesday, January 29, 1861.
The House met at ten o'clock. . . .
THE STATE LIBRARY.
Mr. SHANNON proposed the following:
Resolved, By the Assembly, the Senate concurring, That the State
Librarian be authorized to furnish members with books from the State
Library, and that he be authorized to contract for transporting the
same to and from the Library the expense of which shall be paid one-half
out of the Contingent Fund of the Assembly and one-half out of the
Contingent Fund of the Senate.
Mr. CUNNARD moved to lay the resolution on the table, but withdrew the
motion to allow Mr Shannon to make an explanation.
Mr. SHANNON said members of both Houses would find it very convenient
to be able to draw books from the Library at Sacramento. They would
often have occasion for the books, and the cost of transportation would
not probably exceed $50. This was the only way for members to get books
from the State Library, unless they paid the expense out of their own
pockets.
Mr. EAGAR objected to the resolution because he believed that in the
course of the session the whole State Library might be brought to San
Francisco under the provisions of the resolution at a cost perhaps of
five or six thousand dollars.
Mr. HOAG said he stated in Sacramento that if the Legislature was
transported to San Francisco the next move would be to bring down
the State offices and the next the State Library. Both of these had
already been attempted; the first was disposed of yesterday, and the
second was then before the House. He agreed with Mr. Eagar that under
that resolution the whole Library might be brought to San Francisco
piecemeal, the expense coming out of the Contingent Fund of the
Legislature. He recollected that in reply to his prediction in
Sacramento, the gentleman from Plumas rose and said--
Mr. SHANNON (interrupting) asked the gentleman from Yolo to give way
for a moment, and said he had introduced the resolution solely for
the convenience of members, to enable them to procure such books as
would assist them in their legislative labors. He had no more idea
ef bringing the State Library down here than he had of moving the Sierra
Nevada to San Francisco, and he would now ask leave to withdraw the
resolution.
Objection being made, the Speaker put the question on granting leave
to withdraw the resolution and it was carried. So the resolution was
withdrawn. . . .
REMOVAL BY RESOLUTION.
Mr. CUNNARD offered the following, which on motion of Mr. EVEY was promptly
laid on the table :
Resolved, That a Committee of three be appointed by the Speaker,
to act in conjunction with a like Committee of the Senate, to report some
concurrent resolution in regard to the removal of the State officers from
Sacramento to San Francisco. . . .
REMOVAL OF STATE OFFICERS.
A message was read from the Senate, announcing that that branch had
refused to concur in Assembly amendment to Senate Bill No. 16--An Act to
fix the temporary residence of State officers of this State, etc., and
asked the Assembly to recede therefrom.
The SPEAKER said the question was: Should the House recede.
Mr. EAGAR moved that a Committee of Conference be appointed.
Mr. SHANNON said that was not in order; the question must first be
decided as to whether the House would recede. Ae [He?] moved that the
House adhere.
The ayes and noes were demanded on the motion to adhere. The roll having
been called,
Mr. PEMBERTON said the gentleman from Alameda (Mr. Bell) had not voted,
and he hoped he would be required to vote according to the rule.
Mr. BELL said that he thought they would hardly squeeze a vote out of him.
Mr. MEYERS moved that Mr. Bell be excused from voting. Lost on a
division--ayes 13, noes 43.
Mr. BELL asked leave to make an explanation. It was known to every
gentleman present that he had taken an active part in endeavoring
to keep the Legislature in Sacramento, but this bill presented itself
in such an extraordinary shape that he was absolutely unable to decide
which way he ought to vote to be consistent with the position he then
took. He found that other gentlemen were in a similar position; men
who voted on the one side or the other on the question of removing the
Legislature having exchanged places on this question. He still believed
that his action there was one of the most righteous acts of his
legislative experience. Besides, his immediate constituents in Oakland,
not perhaps fully understanding the honesty and integrity of his
intentions, had condemned him in their own minds for the action he
then took, and as he had due respect for those who voted for him, as
well as due respect for his previous action, he felt certain that the
House would not force him to record a vote on this question, when it
was really impossible. He hoped they would not undertake to squeeze
a vote out of a man who really had no vote to give.
Mr. SHANNON said as there was no hydraulic pressure by which they could
force a vote out of Mr. Bell, he hoped he would be excused.
Mr. MORRISON moved to reconsider the vote refusing to excuse Mr. Bell,
and the reconsideration prevailed, on a division-ayes 31, noes 28.
Mr. Bell was then excused from voting.
The vote on Mr. Shannon's motion to adhere resulted as follows:
Ayes--Amerige, Avery, Barton of Sacramento, Benton, Collins, Davis,
Dean, Dennis, Dudley of Placer, Evey, Ferguson, Frasier, Griswold,
Hoag, Irwin, Kendall, Leach, Love, Machin, Matthews, McAllister, O'Brien,
Parker, Pemberton, Porter, Printy, Reeve, Saul, Seaton. Shannon,
Smith of Fresno, Smith of Sierra, Thompson of Tehama, Thornbury,
Waddell, Warwick, Wilcoxon-40.
Noes--Ames, Barton of San Bernardino, Battles, Bigelow, Brown, Campbell,
Cunnard, Cot, Dana, Dore, Dow, Dudley of Solano, Eagar, Eliason, Fay,
Hillyer, Hoffman, Jackson, Lane, Loewy, Maclay, McCullough, Meyers,
Moore, Reed, Sargent, Sears, Teegarden, Thompson of San Joaquin,
Tilton of San Frncisco, Tilton of San Mateo, Van Zandt, Woodman,
Wright, Yule, Zuck, Mr. Speaker--35.
Mr. AMES moved that a Committee of Conference be appointed on the bill.
Agreed to.
The SPEAKER appointed Messrs. Ames, Maclay and Meyers (all of whom had
voted in the negative) to constitute the Committee. . . .
BILLS INTRODUCED.
The following bills were introduced, read twice, and referred as indicate : . . .
Mr. MOORE--An Act for the repeal of all Acts in relation to fences within
certain districts in this State. To the Committee on Agriculture. . . .
MILEAGE.
Mr. BROWN said, at the request of a person interested, he would ask
leave to introduce the following:
Resolved, That the Committee on Mileage be instructed to report
the names of members to whom mileage is due on account of the removal
of the Legislature to San Francisco, and the several amounts.
Mr. AVERY moved that the resolution be laid on the table, and said he
hoped there would not be a word of discussion upon it.
The Speaker stated the question, when
Mr. AVERY withdrew the motion, and moved instead that the resolution
be postponed indefinitely, upon which the ayes and noes were demanded.
Mr. FERGUSON said he should vote no, because he thought the Sacramento
delegation was as much entitled to mileage as other members.
Mr. AMES said he would be willing to vote for a resolution giving the
Sacramento delegation mileage.
Mr. HOAG said he had voted steadily against the removal upon the ground
of economy; he should vote to postpone this resolution from the same
motives. Having voted to remove, the legislators ought to foot their
own bills. He had not received a dollar for mileage, and did not desire
it.
The resolution was indeflnltely postponed--ayes, 49; noes, 13. . . .
REMOVAL OF STATE OFFiCERS--AGAIN
Mr. SHANNON rose to a question of privilege, and called attention to
the appointment by the speaker of a Committee of free conference on the
bill for the temporary removal of State officers. He had appointed on
that Committee three men who voted against the proposition adopted by
the House, and it was contrary to parliamentary usage to appoint a
Committee on the part of and to represent the House, all of whom were
opposed to the action that had been taken by the House. Jefferson,
Cushing, and all other writers on parliarnentary law would bear him
out in the assertion. Cushing said it was customary to appoint the
Committee from those who favored the measure, the mover and the seconder
being of course appointed. Although he was the mover of the measure,
however, he did not wish to be understood as desiring to be on the
Committee of Conference, nor would he accept the appointment; he only
desired to guard the Speaker against the error in the future of referring
a measure to its enemies.
The SPEAKER said it was impossible for the Chair to determine what was
the present feeling of any gentlemen as to the measure. The only evidence
would be the vote of yesterday.
Mr. SHANNON begged leave to say the Speaker was mistaken, because a vote
was taken by ayes and noes this morning on the proposition itself. It
was on his motion to adhere, which was equivalent to again adopting the
proposition, and all those gentlemen appointed on the Committee were on
the record against it.
The SPEAKER said that might be true, yet it was impossible for the Chair
to determine what would be the feeling of gentlemen when acting upon a
Committee of Conference. Mr. Ames, the mover of the Committee of Conference,
was appointed upon it as a matter of courtesy, and he had selected the
other two without any intention of referring the subject solely to those
entertaining any particular views.
Mr. BENTON said the Committee had all voted with the minority of the
House.
The SPEAKER--That makes no difference in the case.
Mr. SHANNON said the motion for a Conference Committee was premature, for
the Senate might still recede, and if not it would then be the place of
the Senate to ask for a conference. It was premature to appoint a Committee
of Conference when they did not know but the Senate would take such action
that there would be nothing to confer about.
The SPEAKER said he held the motion to appoint the Committee to have been
in order.
Mr. MEYERS asked to be excused from serving on the Committee, and was
excused.
The SPEAKER appointed Mr. Griswold to fill the vacancy.
Mr. AMES asked leave to make an explanation but objection was made.
Mr. BENTON gave notice that to-morrow he would move to reconsider the
vote by which the Committee of Conference was appointed
The SPEAKER said the motion was not in order. There was no rule under
which, after the House had appointed a Committee of Conference it could
undo what it had done.
Mr. BENTON referred the Speaker to Rule 57 giving the right to enter a
notice of reconsideration on any motion.
Mr. TILTON of San Francisco said he raised a question of order, that the
gentleman from Sacramento could not give notice of a motion to reconsider
at the present stage, other business having intervened.
The SPEAKER said he had already ruled the motion out of order.
Mr. BENTON claimed the indulgence of the House for a moment, but several
gentlemen objected. . . .
At 1:35 o'clock the House adjourned. . . .
p. 2
NEWS OF THE MORNING.
. . . .
We have weather reports from Carson City, Placerville and Strawberry under
date of last
evening. At Carson the ground was frozen hard, there were only four
inches of snow, and the weather was clear. At Placerville the weather
was foggy and the snow was melting rapidly. At Strawberry the weather
was clear and cold, but the snow obstructed travel on the summit.
The Sacramento Valley Railroad Company commenced driving piles yesterday,
as the beginning of the work of repairing the damage done by the flood
to that portion of the road which leads into the city.
THE LEGISLATURE.
The two Houses came to a lock, on Wednesday, upon Senate Bill No. 16,
providing for the removal to San Francisco of the principal State officers.
The House, it will be remembered, amended the Senate bill so as to require
only the removal of the Governor. The Senate refused to concur, and asked
the House to recede. The latter body, by a vote of 40 to 35, decided to
adhere. Upon this a Committee of Conference was appointed, consisting of
Porter, Shurtliff and Merritt on the part of the Senate, and Ames, Maclay
and Myers on the part of the Assembly. The conduct of Speaker Barstow in
appointing this Committee was both ridiculous and outrageous. The custom
is, in appointing a Committee of Conference, for each presiding officer
to see that his appointments accord with the will of the body over which
he presides. The Assembly in the present instance is represented by
three members, every one of whom voted in the minority, so that when the
two Houses, through their Committeemen, confer over the disputed question,
there will be no one to speak for the Assembly, Ames, Maclay and Myers
being opposed to the declared will of that body in the premises. Shannon
of Plumas brought this up before the House upon a question of privilege,
and one of the Committee declined. No one was appointed in his stead on
the same day. Barton of this county attempted to give notice of a motion
to reconsider the vote by which the Conference Committee was ordered, but
the Speaker ruled him out of order. Barstow cuts a very poor figure in the
chair. He is nervous, evidently inexperienced, desirous of appearing prompt
when he has no idea of the merits of what he is to decide upon, and is
altogether the poorest presiding officer ever called upon to officiate in
either branch of the California Legislature . . .
Those who have looked in upon the Legislature, in the new quarters
provided at San Francisco, represent it as being a scene of the greatest
confusion. The carpenters employed to fit up the two chambers seem to
be working by the day, and the progress made by them is entirely out
of proportion to the dust and din which accompany their labor. No real
work has as yet been done in either branch of the Legislature.
RETRENCHMENT AND REFORM.
From the pledges which have been made by the Republican leaders in the
State for several years past, the people were justified in anticipating
that a rigid system of reform and retrenchment would be entered upon so
soon as that party was elevated to power. While in the minority, the
leading speakers and writers of the Republicans were fierce in their
denunciations of the extravagance and frauds perpetrated upon the
treasury and the people by the Democratic party; and frequently eloquent
in their promises of retrenchment and reform if the people would place
the executive and legislative power of the State in their honest hands.
In the progress of political events, the Government of the State was
placed in the possession of the Republican party. A Republican Governor
was inaugurated early in January, 1862; a Legislature, in which that
party wields a controlling influence, convened on the seventh of the
same month, and before it was fairly organized for business the State
was visited by one of the greatest calamities by storm and flood ever
inflicted upon a civilized people. Within the limit of a few days fully
one quarter of the taxable property of the State was buried beneath the
torrents which were precipitated from the mountains into the valleys.
Thousands of the people of the State had lost either a portion or the
whole of their property, and hundreds of families been driven from their
homes by the remorseless floods. The cry of distress and the calls for
relief from suffering were heard from one end of the State to the other.
The prosperous branches of industry in which the people of the State were
engaged on the first of December, 1861, were for a time blotted from
existence. For nearly two months the active business of the State has
been paralyzed by storms, high water, a destruction of bridges, and
impassible roads. Merchants, miners, farmers and mechanics have been
driven for existence to rely upon supplies and resources on hand at
the beginning of the series of unparalleled storms, and no man, since
the first of December, in any portion of the State, has expected to
accomplish more than to provide for the daily subsistence of himself
and family. Beyond this men have been engaged solely in saving as much
of their property as was possible from the devouring floods. The idea
and expectation of making money was for a time abandoned. Even the
hundreds of families driven from their homes in the valleys to temporary
dependence upon their friends, or upon the generosity and charity of
more fortunate communities, have almost abandoned the hope of being
able to return to their farms in a condition and in time to raise
enough to support their wives and children through the year. Their
all has been swept away; their pleasant homes have been rendered
desolate. They must return, if at all, with feelings depressed, to
begin again the battle of life under circumstances which, in any other
country than California, would cast the shadow of discouragement over
the hearts of men of the most determined character.
In view of this terrible visitation of Providence upon the property
and prosperity of the State, and the deplorable condition of the
destitute and suffering people, the latter were justified in a
confident expectation of sympathy and relief, as far as practicable,
from a California Legislature. Particularly were such hopeful
expectations justified by the acknowledged fact that a new party
had been elected to power by the votes of the people. The Republican
party, with retrenchment and reform inscribed on its party banner,
was clothed with the insignia of office, and assumed the responsibility
of marking out a policy and administering the government of the State.
The times and the condition of the people demanded the redemption of
the pledge of retrenchment and reform they had so often made before
the people. The opportunity--and a glorious one it was, too--was
offered to the representatives of the Republican party to redeem their
recorded pledges; but they failed to improve it. Those in power permitted
it to pass, never to return.
Within one week after the Legislature convened, and the very day on which
Governor Stanford was inaugurated, it was known that the material
prosperity of the State had been prostrated by storms and floods. It
was demonstrated that the people were unable to pay the expenditures
incident to a long session of the Legislature. The Republicans had
just taken possession of the Government, and in the presence of their
pledges, what course ought the party to have adopted in order to
honestly redeem those pledges? Ought they not to have instantly
determined to pass the few general laws necessary and then adjourned?
Outside of the Legislature there is probably not a man in the State who
has no special bill for his own benefit that he wants passed, who will
not answer the above question in the affirmative. There was, under the
circumstances, no occasion for a session of over four weeks. Indeed,
the real legislation demanded for the State could have been accomplished
in three weeks. A general appropriation bill for carrying on the
Government; a bill to provide for the payment of the national war
tax; an Act relating to fences; a vote on the amendments to the
Constitution, and a bill providing for submitting those amendments
to the people, are about all the laws demanded by the interests of the
State. These Acts could have been matured and passed through both Houses
in three weeks after the inauguration of the new Governor. It was the
policy upon which the leaders of the Republican party should have planted
themselves. A policy recognized as so just to the people would have met
with no successful opposition. The members of no party in the Legislature
would have dared to oppose it. Had the Republicans resolved upon such
a line of policy and carried it out successfully to an adjournment by
the 1st of February they would not only have been voted the gratitude
of the people but they would have so commended themselves to the hearts
and confidence of Californians as to have established on a firm basis
their power as a party in California. But the leaders of that party
were unequal to the occasion. They permitted themselves to be led off
into a contest for an adjournment from the Capital to San Francisco,
in order to promote the personal comfort and convenience of members.
In the discussion over this proposition, and in consummating it, time
enough was sacrificed to have matured and passed all the Acts which we
have named as constituting the legislation needed by the State. For this
waste of time, and for the failure to redeem their pledges of retrenchment
and reform, made before the election, when so favorable an opportunity
was presented for their acceptance, the Republicans will be held
responsible by the people of the State.
FERRY BOAT AT SALMON FALLS.--In five days, we are informed, a ferry
boat will be completed to transport teams across the South Fork of
the American river at Salmon Fulls. It will be remembered that the
bridge at the point named was carried away by the late flood. The
ferry boat will be sixty feet long, and that length is amply sufficient
to take on a loaded team of eight animals.
BY TELEGRAPH TO THE UNION.
The Weather at Carson City, Placerville, and Strawberry.
CARSON CITY, Jan. 30th.
The weather is clear and cold. There are only four inches of snow.
The ground is frozen hard.
STRAWBERRY, Jan. 30th.
Snow fell to the depth of two feet at this point, and about three feet
on the Summit, yesterday and this morning. The snow being quite light
has drifted and filled up the road badly on the Kingsbury grade, at
Lake Valley, so as to prevent the passage of animals for the present.
Swan's road, as usual, is being kept open by constant travel of his teams.
The road will be opened to-morrow without doubt, as about one hundred pack
mules will attempt it in the morning. There have been no stages from
Carson for two days.
PLACERVILLE, January 30th.
The weather here to-night is mild and cloudy. There are four inches of
snow on the ground, but it is gradually melting. Business is dull, but
reviving.
LEVEES AND BONDS.--In this paper we give an article upon the kind of
levees needed to protect the city, and the plan to be adopted to raise
the money, which is written by "A Practical Engineer." Among a multitude
of counselors safety may be found, and hence we submit to our readers
all suggestions upon levee building which are sent to us. The writer in
this instance is not so polished in style as he is confident in tone. Some
of his suggestions are undoubtedly good, though it is not yet determined
whether a levee will be built up the American or not. The idea of
putting one around the main portion of the city seems just now to meet
with more favor; no idea of issuing bonds to pay for the work prevails;
the only plan thought of is to raise money by direct taxation. With the
cash the cost will be reduced a good deal below $275,000. Sacramento will
issue no more bonds for any purpose. . . .
p. 3
CITY INTELLIGENCE.
SUIT FOR RENT.--A suit for rent was tried yesterday afternoon in
Justice Coggins' Court. Mrs. Cook had occupied the house of B. B. Stansbury,
on L street, near Seventh, as a boarding house, at a rent of forty dollars
.per month. The terms of the lease required payment in advance, but the
month ending January 28th had not been paid. Mrs. Cook decided to leave
for San Francisco with her furniture, but the plaintiff sued for the
month's rent and attached the furniture. The defense rested on the
ground that the flood had rendered the lower part of the house useless,
and the imperfection of the roof greatly impaired the value of the upper
story. There was no lease presented in Court, but the plaintiff testified
that one existed, that it bound defendant to pay the rent above named
monthly in advance. He did not recollect distinctly the provisions of
the instrument, but knew that it was not a "cutthroat lease." It did
not contain a clause requiring the tenant if he should fail to pay the
rent for three days after the commencement of the month, to relinquish
possession of the house, and also pay the rent for the entire year.
Such provisions were frequently incorporated in leases, but not in the
one in question. After hearing the evidence in the case and argument
of counsel, the jury returned a verdict for plaintiff for $10 and costs.
COMMENCED WORK.--The work of driving piles for the reconstruction of
the R street railroad was commenced yesterday afternoon. Two lines will
be driven, fifteen feet apart--one under each rail of the track. The
pile driver employed is built upon an ordinary freight car, which is
moved forward on the track as fast as it is completed. Instead of the
engine usually used for the purpose, by which the hammer is raised by
winding up the rope, a locomotive is employed, which moves backward on
the track sufficiently far to draw it up, and after it has dropped,
returns for another start The point at which the work is commenced is
on R, between Fourth and Fifth streets. The pile driver from San
Francisco, which will commence work on the water near Poverty Ridge,
has not yet arrived.
THE CHAINGANG.--The chaingang, under the supervision of Overseers Long
and Dreman, laid down yesterday four or five street crossings. This
morning they will devote their attention to the adjustment of the
bridge at Eighth and J streets. There are several ditches dug across
both J and K streets which seriously impede the progress of vehicles
of any description. If the weather remains favorable there will be
work for a large number of teams, and all such drains should be bridged.
Wherever the material is furnished, the services of the chaingang can
be had for the performance of the work. Some three or four bridges are
required on J street east of Twelfth, before a team can get into or out
of the city. As Colby's bridge will soon be finished, the smaller bridges
should not be neglected.
POLICE COURT.--The only case tried in the Police Court yesterday was that
of Charles Lawson and James Langtree, charged with the larceny of a boat
belonging to J. A. Crocker. The boat had been lost from a wood barge some
six or seven weeks ago. The testimony tended to show that it was found in
the possession of the defendants, and that they refused to surrender it.
The defendants proved that on finding it they had posted notice of the
fact; had advertised it in the newspapers, etc. After hearing the argument
Judge Gilmer took the case under advisement. . . .
DROWNED IN YOLO.--R. B. McMillan was drowned at the Twenty Mile House,
on the Putah, in Yolo county, on the 27th inst. He had left his house
in the evening to visit a brother in-law, E. McGeary, and in so doing
attempted to cross a slough, in which, although but three feet deep,
he was drowned. His body was found the next morning. McMillan will be
remembered as the person who killed a man named Park, some two years
ago, in a dispute about cattle in Vaca valley. After several trials in
Solano county, in which the juries failed to agree, a change of venue
to Yolo county was granted. In August last he was tried in Washington
and acquitted on account of the case not being properly certified to
the Court. . . .
REPORT OF THE SWALLOW.--The steamer Swallow, on her return from Marysville
yesterday, reported that she was unable to get up the Yuba to her usual
landing at Marysville, and was compelled to discharge her freight on
the bank of Feather river. The channel of the Yuba has so far changed,
and such bars have formed at the mouth as to make this course necessary.
She went up the Feather to the bridge to obtain a landing. Passengers were
sent to the city up the Yuba by small boats.
THE DEFIANCE ASHORE.--Information was received in this city yesterday,
that the steamer Defiance, Captain Gibson, had run aground near Oroville,
and was hard and fast on the bank of the Feather river. During the past
ten days she has been plying between Marysville and Oroville. The main
channel of the river had become so filled up with sand that she left it
and made an unsuccessful attempt to reach Oroville over the flooded banks.
STREET CROSSINGS.--Complaint is made that the lumber of which street
crossings had been constructed, but which the floods have removed from
the proper position, is constantly being used by individuals for private
purposes. It is reported that the crossings at Seventh and I streets,
having floated off a short distance, are being chopped up for firewood.
Material of this character should be looked after by the police. . . .
STILL WIDENING.--The crevasse below R street continues to widen
through the action of the water. It is difficult to determine by a
view from the foot of R street where its southern boundary is. The
houses of Ellison, Billet and Cleal, immediately in front of it, still
stand, and will probably withstand the currant. . . .
DAMAGED GRAIN.--Large quantities of damaged grain are taken daily from
our warehouses for the purpose of feeding hogs, stock, etc., in the
country. It is of course transported from the city in boats, as all
land communication with the country is still cut off. . . .
THE RIVER.--The Sacramento river during yesterday maintained very nearly
its hight of the night before--twenty-two feet ten inches above low water
mark.
STILL RUNNING.--The steamer Henrietta continues to make daily trips from
Washington to Jerome Davis' ranch, or as near that point as the depth of
water will permit.
THE WEATHER.--A cloudy and drizzly morning, yesterday, was succeeded
by a clear sky and fine weather.
COLD.--A strong and piercing northerly wind prevailed at ten o'clock
last evening, giving promise of a cold. . . .
LEVEE SUGGESTIONS.
EDITORS UNION: As the subject of protecting Sacramento city from being
again inundated is being pretty well discussed, and being a property
holder in yonr city myself, I have a word to say. I will, however,
make this as short as possible, and in order to do so will first say
that I am an old contractor and practical engineer, and that I have had
many years experience--therefore can speak on certain things more
positively than many who have had less experience There have been many
suggestions made, and everybody has a plan, and all are right of
course; but I have only seen one suggestion, in all, that suits
me--and that is, do away with the eastern levee and run one from high
land on the north side of the city to the Sacramento river. We are
now satisfied that the American river must be kept off Sacramento city;
a war has to be commenced and you must strike at the roots of the enemy
at once, with a force sufficient to be effective. If you begin wrong,
and with few men and little money, you will surely have to beat a
retreat, and finally abandon your city. Now, it is evident that if you
put a stop to the current of the American river washing away the
southerly bank, and also arrange for the current to be kept in a
straight course, after the banks are overflowed, and away
from your levees, that any ordinary levee will stand. This will have
to be done or all the levees in Christendom will wash away; for, if
you were to put in a stone wall one hundred feet high and five hundred
feet wide it will be undermined in time by the floods of the American
river and swept away. Now, this is a fact no practical engineer will deny.
If such is the case you are compelled to protect the southerly bank of
the river first of all. It can be done at a comparatively small cost
and in a substantial manner, and in such a way as to save a great many
good and valuable lots to the city. After this is done you will have
to protect the city by leveeing, as raising the whole city is out of
the question, the cost being so great that the object can never be
attained.
The levee on the northerly line of the city should be made from high
land to the Sacramento river, and should be parallel to the general
course of the current of the American river after it is out of its
banks, for that current is the one most destructive to the city;
the current, while in its banks, doing no other harm than to cave them
in and steadily advance towards the city. This northern levee should
be located to suit this current, without any regard to persons or
property, and should be in a straight line, and not as it is now, in
the shape of a streak of lightning, or, as suggested by "Practical
Mechanic." Common sense ought to teach any one that such a system is
wrong. The levees on the north and south should be as wide as the streets
until you approach high land, and should be made the principal
thoroughfares to and from the city, which would insure their solidity.
I would also suggest that both sides of all the levees be planted with
willows, which would prove an ornament as well as protect the slopes
from being washed away by rain. The Front street levee should be raised,
as well at all the levees, to a line at least four feet above
the highest flood of this month.
The money to do this work with is, in my opinion, the first
consideration. You are in debt, but with all yonr bad credit you can
get the work done if you will act properly and in union, as citizens
ought to under such circumstances. Go to work, call your citizens
together, offer a fair compensation for the best plans, together with
all necessary surveys, details, drawings, estimates, bills of materials
and labor; adopt the best and most practical plan, without favor, by a
Board or Committee of practical engineers (not shoemakers), who
have no interest in the plans; issue bonds payable in ten years at
a fair rate of interest, and levy a special tax on your city property
to pay the debt; advertise first, and award the work to the lowest
responsible bidder, justifying in good and sufficient security; have
your bonds and especial tax legalized by Act of the present Legislature,
and you will pick up a contractor who will do your work well and save
your city. You must adopt a system and heave ahead. You want no convict
labor performed, or politicians about; give no shave to this or that man.
Your people have no time now to trifle with this matter; it will take all
this year to do the work, and it should be commenced and forwarded as fast
as possible. If this convict system was adopted, as recommended by one of
the honorable members of the present Legislature, it would relieve the
State of some expense, and saddle on to your poor city three times as
much; if the work was done in that way, it would require you to
support a host of politicians whose extravaganoe you could not bear;
for it is as much as yon can do to pay for your work, let alone such
bills as would be attached to the State Prison labor superintendents.
You need not, as "A Practical Mechanic " suggests, buy a railroad
locomotive, etc., as that is the contractor's own business. Give it
out and be done with it. You can appropriate the money now in the hands
of the Citizens' Committee to the work on the American river, which
would be a sufficient sum for the contractor until the work is nearly
finished.
I hope you will receive many plans and that you will make a good
selection. The work above referred to will cost about $275,000. The
special tax required to pay the above amount will not exceed forty-five
cents on the one hundred dollars per year on your city property at the
present valuation.
I have a survey of all the lines of the work in contemplation, but
not as good a one as I will have in a few days. Being well acquainted
with the location, the one I have is good enough to enable me to know
what l am doing. I hope you will comment upon this as well as all other
plans that may be suggested, and that through your influence you may be
enabled to draw out valuable suggestions from practical engineers who
are well posted on this kind of work, for if they cannot suggest a
suitable plan, certainly none others can.
The plans referred to for turning the current of the American river
will be fully explained, if desired, at any time you choose to see
them.
A PRACTICAL ENGINEER.
San Francisco, January 27, 1862.
THE FLOOD ON BUTTE CREEK.--The Marysville Express of January
29th gives some particulars of the late flood on Butte Creek:
E. O. Ledyard, of Ledyard's ranch, Butte county, who resides on
Butte creek, in company with Keppell, who resides on adjoining ranch,
came down yesterday, and have kindly furnished us some interesting
intelligence. They started on foot from their homes yesterday morning,
a distance of twenty-three miles from this city, and walked on the ice
on the creek about ten miles, and found the same about one and a half
inches thick. They say the whole country in their section has baen
under water, except about fifty acres around each of their houses.
Keppell lost five or six hundred hogs and many head of cattle. Ledyard
also lost ranch stock. A few days ago they turned out their sheep to
feed, and upon the water rising they proceeded to drive them back into
the corral, but before they could accomplish it. they lost about
twenty-five head. The cattle in Butte that were saved from the flood
are miring down, and Ledyard is of the opinion that seven-eighths of
those along Feather river will die of starvation and cold. . . .
TEHAMA COUNTY.--The Independent says:
From the vicinity of Thomes' creek we hear of considerable damage
being sustained by the farmers there. In several places the stream
hss made new channels, cutting in two the farms of Freeman and Miller,
and carrying off large quantities of fence. Newcomer, a farmer in that
neighborhood, seeing what was likely to happen, hitched his oxen to his
house and drew it upon high ground, and saved it; his smoke-bouse was
carried away, but not before it was emptied of its contents.
MARYSVILLE--Ice formed in this city to the depth of two inches on the
nights of January 26th and 27th.
SAN FRANCISCO.--At daybreak on the morning of the 29th, the hills about
San Francisco were covered with snow.
COLD IN SISTER CITIES.--The Alta of Jan. 29th says:
Yesterday was the coldest day ever experienced in San Francisco since
the settlement of the city by Americans. In 1858 the mercury onoe fell
to 27°. On Tuesday morning at daylight, according to Tennent's thermometer,
the mercury stood at 22°, which would be deemed decided cold in the same
latitude in the Atlantic States. Ice nearly an inch thick covered
exposed water, and in the shade did not melt during the day.
The Nevada Democrat of Jan. 28th has the following:
The past few days have been unusually cold, the ice forming of
considerable thickness during the night, and the mercury in the
thermometer scarcely rising above the freezing point during the
middle of the day. Last night was the coldest we have had this
season, and about as cold as we have ever experienced in Nevada.
At nine o'clock in the evening the thermometer stood at 20° above
zero, and at seven o'clock this morning at 16°. The unusual cold
weather, by freezing the sources of the streams must cause the
waters to fall very rapidly in the valleys.
LATE FROM WASHOE.
We have received copies of the Territorial Enterprise to
January 18th. We find the following intelligence in them:
THE FLOOD.--The Enterprise of January 14th says:
At Reed's Station, five mites below Dayton, the water surrounded the
house, and four men, who were occupying it, were obliged to take refuge
on th« roof. There were thirty hundred pound of mail matter in the
house at the time, but it was transferred to the roof and received no
damage. At Curley's Station, the Overland stage driver, together with
another man, took to the foothills, driving the stock before them. Near
Reed's station two men were reported on an island. Parties started
from Dayton in a boat, on Sunday morning, to rescue them, and there was
a rumor that the boat had been upset and one man drowned; such, however,
was not the fact, as they arrived safe on the opposite side of the river
below that town. The Succor mill, on the river, suffered severely; the
blacksmith shop, stable, corral and some hay were carried off; the
foundation to one end of the dwelling house had also been washed away.
Both the office and mill were still standing, with the horses tied to
the battery. At this point the Carson was at least two mites wide. . . .
Enterprise, Jan 15th. . . .
The same paper has the following items :
ANOTHER DISASTER AND LIFE LOST.--On Saturday last, a disaster occurred
on Evans' creek, one of the tributaries of the Truckee, which resulted
in the loss of a life. There had been a land slide towards the source
of the creek, which had dammed the stream till a great quantity of water
had collected. The water finally broke away, and about ten o'clock in
the forenoon came sweeping down the creek in a terrible torrent. Three
men, who were engaged in cutting a road to a timber tract on the
mountains, were living in a cabin near the bed of the stream. The
fearful torrent scarcely gave them any warning. Two of them, Washington
Wallin and Alexander Ward, managed to escape; but the other, Adam
Allbough, was caught by the flood, and no trace of him has since been
found. Allbough formerly lived in this city. . . .
A BIT OF SCANDAL.--We learn that the proprietor of a certain hotel
in Gold Hill, the other night, found a member of the bar where he
should not have been--or otherwise, in the chambermaid's room. He
ordered them both out of the house, although it was storming severely
at the time. The girl protested her innocence, the lawyer swore to
it, and all the boarders in the house said it was a shame to turn her
away for so trifling a cause. But the landlord's notions of decency
and propriety were not easily to be overcome, and he dismissed the
maid, lawyer, and all the boarders who objected to his proceedings.
DROWNED.--Stout, of Stout's Crossing, on the Truckee, and a man named
Evans, were drowned during the late storm.
SWEPT AWAY.--The dwelling and blacksmith shop of Saretman, situated at
the junction of Gold Canon and American Ravine, at the lower end of
Sliver City, were swept away by the late flood. The dwelling and part
of the corral of Fairseer, near by, shared the same fate.
THE YUBA RIVER.--The Marysville Appeal of January 29th, thus
refers to the condition of this river:
The extremely cold weather of the past few days has had the effect to
freeze up the upper tributaries of the Yuba, and the stream has
consequently gone down very rapidly, until it has nearly resumed
its ordinary channel. As the flood recedes, it is found that the
sand bars and shoals have greatly multiplied in the river bed, and
all sorts of changes have taken place in the location of the channel.
At the further end of the Yuba bridge, opposite town, a considerable
channel has been worn by the overflow, which took a straight course
across the angular spit of land made by the Yuba on one side and the
Feather, below the mouth of the Yuba on the other side. The earth at
the further end of the bridge has been all cut out by the stream which
soon spreads out over the land opposite town, effectually using it up
so far as its agricultural value is concerned. This cut-off from the
natural current makes the water of the Yuba very low below the bridge,
and, until it is stopped, will be likely to prove a stopper to any
steamboat navigation above the mouth of the stream, though it is not
likely that the new channel aoross lots will be permanent from the
effect of these last floods, but a few more such would make it so.
Sacramento Daily Union, Volume 22, Number 3384, 1 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION]
SENATE
THURSDAY, Jan. 30, 1862.
The Senate met at eleven o'clock, the President pro tem, in the Chair. . . .
SUSPENSION BRIDGE NEAR FOLSOM.
Mr. NIXON, from the Sacramento delegation, reported favorably on Senate
Bill No. 40--relative to the construction of a suspension bridge across
the American river near Folsom.
On motion, the rules were suspended, the bill was considered engrossed
and put upon its third reading.
The first section of the bill grants the right to construct and maintain
a public toll bridge near Folsom, in the county of Sacramento, to
A. G. Kinzey and associates.
The second section provides that the bridge shall be of wire suspension,
constructed of the best and most durable material, and to be completed
within six months from and after the passage of this Act.
The third section authorizes and empowers A. G. Kinzey and his associates
to charge and collect such rates of toll as the Board of Supervisors
of the city and county may fix, providing that the Legislature may at
all times regulate, modify or change the rate fixed by said Board of
Supervisors.
The fourth section enables the builders to determine the speed of travel,
riding or driving, over said bridge, the fine for violation of the notice to
be not less than $10 nor more than $50.
The fifth section provides that no ferry or toll bridge shall be
established within one mile immediately above or below said bridge,
unless required by public opinion, and the right be duly granted by
the Legislature.
The bill was passed. . . .
INTRODUCTION OF BILLS.
The following: bills were introduced and referred as indicated: . . .
By Mr. LEWIS--An Act granting the right to construct a bridge across
Mokelumne river at a point known as Big Bar, Calaveras county, and to
construct and maintain a road from Mokelumne Hill to the village of
Butte, in Amador county, by Lewis Soar and others. Read twice, and
referred to the Calaveras delegation. . . .
By Mr. HATHAWAY--An Act to extend the time for building the foundation
of the basement walls of the State Capitol building in the city of
Sacramento. Read twice, and referred to the Committee on Public Buildings. . . .
PAY OF MEMBERS.
Mr. OULTON offered the following:
Resolved, That the Sergeant-at-Arms of the Senate be authorized
to proceed to Sacramento tomorrow, January 31st, to receive from the
Controller of the State the warrant for the per diem of the members of
the Senate.
Mr. MERRITT said he wished first to hear the report from the Conference
Committee on the bill relating to the removal of State officers. He knew
that five of the Committee were in favor of removing these officers, while
the sixth was bitterly opposed to it. He expected that the report would
be made in a few minutes, and if that report should pass the two Houses
this resolution would be quit [sic] unnecessary. He understood the removal
of the State officers would cost only the two thousand dollars, and that
each branch would yield in some degree to the other. He asked that
Mr. Oulton would consent to allow his resolution to lie over until
tomorrow.
Mr. OULTON withdrew the resolution.
BILLS INTRODUCED. . . .
Mr. Soule introduced an Act to suspend until the ensuing session of
the Legislature the construction of the State Capitol, now in process
of construction in the city of Sacramento. Referred to the Committee
on Public Buildings.
At ten minutes past two o'clock the Senate adjourned.
ASSEMBLY.
THURSDAY, Jan. 30, 1862.
The House met at 11 o'clock. . . .
THE REMOVAL OF STATE OFFICERS.
Mr. Griswold asked to be excused from serving on the Committee of
Conference on the bill to fix the temporary residence of State officers.
The SPEAKER said it would not be in order.
Mr. AMES said he thought the gentleman might be excused by unanimous
consent, and another person appointed in his place.
The SPEAKER said if no gentleman objected at this stage he would be excused.
Mr. BROWN objected.
Mr. TILTON, of San Francisco, inquired if it was a fact that the
Committee had held a meeting and agreed upon a report. He had been so
informed, and in that case he saw no reason for excusing the gentleman.
Mr. GRISWOLD said the Committee had been in session, but had made no report
and had agreed upon none.
Mr. AMES said the Committee had met, but had deemed it necessary to come
to some conclusion unanimously, and consequently were unable to report.
Mr. Griuwold had expressed a desire to get off the Committee, and his
request that the House excuse him was made with the concurrence of the
Committee.
Mr. EAGAR moved that Mr. Griswold be excused, and the motion was carried.
The SPEAKER appointed Mr. Shannon in place of Mr. Griswold, but that
gentleman asked to be and was excused. Mr. Kendall was then appointed. . . .
AMENDMENT OF THE RULES. . . .
. . .amendment offered to Rule 38. . . .
The first amendment to the rules, as reported, was to increase the
Committee on Swamp, and Overflowed Lands from seven to eleven members.
Mr. CUNNARD asked the reason for the change.
Mr. LOVE suggested that it was because so large a portion of the State
was swamp and overflowed lands at this time. [Laughter.]
The amendment was adopted, . . .
BILLS INTRODUCED.
The following bills were introduced, read twice and referred as indicated: . . .
By Mr. LANE--An Act to grant the right to construct a bridge or bridges
across the Stanislaus river at any poiut or points on said river between
Big Canon, above Two Mile Bar, and Charles Jordan's garden, on the right
bank of said river to the Stanislaus Bridge and Ferry Company. To the
Committee on Roads and Highways. . . .
At two o'clock, the House adjourned. . . .
OVER THE MOUNTAiNS.--On Monday, a large number of persons left Placerville
on horseback for Washoe, passing over the mountains on a snowy but beaten
trail. The mail was also dispatched. . . .
LEGISLATIVE PROCEEDINGS OF FRIDAY.
In the Senate yesterday, . . .
A majority of the Committee of Conference on the bill to remove certain
State officers, made a report recommending that the Assembly recede from
its amendments generally, and that the original bill pass with two
amendments, one limiting the expense of the removal to $2,000, and the
other adding the Attorney General to the list of officers required to
remove. The Senate confirmed the report. . . .
The Senate adjourned at one o'clock.
In the Assembly, the Speaker attempted, in a lengthy and rather confused
speech, a defense of his action in appointing upon the Committee of
Conference none but friends of the original Senate bill, (on the removal
of State offices,) and opponent of the will of the Assembly, in relation
thereto. He read Cushing'a Manual in regard to the appointment of Special
Committees, but nothing of the custom in reference to Committees of
Conference. Mr. Shannon responded, adhering to the views previously
expressed by him. The Sneaker's defense is only additional proof of his
inability or disinclination to comprehend a plain rule of parliamentary
usage. . . .
At seven minutes before twelve o'clock, the House adjourned. . . .
REMAINS FOUND.--The body of Judge S. R. Campbell was found lately in
San Bernardino county. He got lost in a recent storm and perished.
p. 2
NEWS OF THE MORNING.
Our advices from Southern California show that devastating floods have
visited the flourishing counties of Los Angeles and San Bernardino,
and inflicted heavy losses upon the inhabitants. The German town of
Anaheim, which was the center of extensive vineyards, and which promised
to become noted for the production of wine, has been almost entirely
destroyed by the overflow of the small stream upon which it is situated.
The destruction of this vineyard property may greatly retard the
development of the grape culture in that section of the State. Los
Angeles has suffered severely. . . .
On Thursday evening a meeting of the Board of Swamp Land Commissioners
was held in this city. A resolution was adopted instructing B. F. Leet,
Engineer of the Second Swamp Land District, to extend his surreys from
Sutterville up the Sacramento to the American, and up the American as
far as Brighton, with the view of constructing new levee defenses. A
report may be expected from the engineer within twenty days.
The weather in the city yesterday was, in the main, clear and cold.
Last evening the Sacramento stood at twenty feet six inches above low
water mark. The American has at last retired within its legitimate
shores. The water continues to recede from our streets.
THE LEGISLATURE.
The Senate on Thursday passed a bill authorizing A. G. Kinsey and his
associates to construct a wire suspension bridge across the American
river near Folsom, within six months. . . . Hathaway, of San Francisco,
introduced a bill to extend the time for laying the foundations of the
new Capitol building at Sacramento. Soule, of the same county,
introduced a bill to suspend all work upon the building until the next
session of the Legislature. So the cloven foot begins to protrude. . . .
In the Assembly, on the same day, the Conference Committee on the bill
to remove State offices said they could make no report as yet. One
member resigned, and after several had declined to serve the Committee
was filled again. . . . The Senate adjourned at ten minutes past two,
and the Assembly at two.
FENCES IN THE VALLEYS.--The subject of fences in the valleys is
occupying a portion of the attention of the Legislature. A proposition
has been made to repeal all laws relating to fences in certain
localities, but this is too indefinite. Whatever legislation is to
be had in the premises should be specific and positive, or it will
make bad worse. Something for the protection of the farmers of the
valleys is demanded, though we think, in the end, they may find it
for their interest to resort to hedge fences. The willows which grow
with such vigor and with such tenacity of life on our rivers, could
be successfully grown into hedges. The osage orange can also be used,
and so can other productions of California than willows. The rich,
alluvial and moist soil on the river bottoms in the State would soon
produce hedges if once planted. Hedges will not wash away, and with
proper attention they can be rendered more effective for turning stock
than the plank and post fences. In the end they will prove vastly
more economical, as, with ordinary care, they may be made to last for
a generation, if not for a century. Upon this point the Stockton
Independent submits some sensible suggestions, which we copy below :
We think if farmers will change their methods of fencing and building,
they may secure the enjoyment of all the advantages of an overflow
without suffering more than a small fraction of its disasters for
the present year. At Los Angeles they have willow fences, which are
better in every way than the rail fence. We see no cause why they may
not generally be grown in our lowest lands. They would not wash away
or burn up, or need renewal every ten years. If houses and barns were
erected on graded ground and raised foundations, even at the highest
point attained by this flood, there would be no inconvenience, and
stock would be kept dry, secure and comfortable. It is not to be hoped
or very much desired that protection can be afforded to hundreds of
thousands of uncared for and unfed cattle that roam at large over the
country. The stock business must be remodeled, and farmers here must,
like as they do everywhere else, adopt their methods of culture to the
circumstances surrounding them. It is not the possession of large herds
of poor stock by the few, bet the retiring of small numbers of choice
breeds by the many, that will make us a State famous for the number and
quality of our stock.
HOWARD ASSOCIATION.--On Thursday two patients died--one at the Gas
Works, named Mary Mullen, of jaundice; and one at; the Pavilion,
William H. Grove (colored), of dropsy. The remains were interred in
the City Cemetery, Rev. Mr. Hill officiating. The sick at the various
stations and at the Pavilion, with one exception, are convalescing.
The number at all the stations kept in operation by the Society is
three hundred. Each day families are assisted to homes and provided
for comfortably. Yesterday all the men at the Hall were notified to
leave sine die, and to-day each family will be assisted as fast as
practicable to get into dry and suitable places, so that in ten days
the Hall of Refuge may be closed. The applicants from ranches and
other places within ten miles, that can reach here, are numerous,
and their situations, exposed to cold and suffering for food and fuel,
while they can watch and secure the stock remaining, is pitiable in
the extreme. The Society has received from Polar Star Lodge No. 56,
at Indian Diggings, $56; from John Leavitt and others, at Virginia City,
Nevada Territory, $150; and from the young ladies of Miss Atkins'
Seminary, Benicia, a trunk full of women's and children's garments,
made by them in their leisure hours. The next three weeks, if the
weather continues fair, will enable the officers and members of the
Society to close their extraordinary duties and resume the usual
routine of operations. . . .
TO SACRAMENTO FOR AID.--Notwithstanding the fact that Sacramento
has been several times pretty much under water, it is a fact that
a good many persons from above and below the city have been brought
here for protection and relief. The Howards in their humane missions,
north and south of the city, have conveyed sufferers to Sacramento for
the purpose of placing them in a place of comfort and safety, where
their wants could be supplied. While these sufferers by the floods
were being brought to the city by the noble and unselfish devotion of
the Howards, the members of the Legislature were hurrying to San
Francisco, in order that their personal enjoyments might be increased.
The contrast is striking. . . .
THE MAILS.
In a note to the Alta from the Postmaster at Placerville, dated
Jan. 26th, in reply to a suggestion that the Express might be
advantageously employed in preference to the mail, the writer says:
In regard .to sending overland via express, yon must have a better eye
than I have to see the advantage. The express and mail leave in the
same coach, arrive at St. Joseph by the same coach, arrive at New York,
Boston, Philadelphia and Chicago by the same trains of cars, and in no
case can the letter via express arrive one hour sooner than the letter
by mail. In regard to your article in this morning's paper, that no mail
had arrived at this office via overland for one month, if you had called
at the Post Office one week ago last Saturday evening, you would have
found that five Overland Mails arrived at that time, and you will see
that up to the 20th instant ninety-three lock bags and ninety-nine
newspaper bags had arrived the present month.
Such an unfavorable season for carrying the mails has never been
experienced since California was obtained from Mexico. The difficulties
of crossing the Sierra Nevada have been great, but, to a certain
extent, could be and have been overcome. But the Great Basin appears
to be filled with water. In the country east of the Sierra Nevada,
where rains were supposed never to fall, the land has been deluged.
The desert so much dreaded by emigrants, between the rivers Carson
and Humboldt, is this year covered with water and presents the
appearance of a vast lake. The waters of the Humboldt and the Carson
have united, and the points heretofore known as the Sinks have
disappeared under the mass of water which has been precipitated into
the basin where those rivers have heretofore disappeared. This waste
of water on the Carson and Humboldt has temporarily suspended the
Overland Mails. So says a dispatch from one of the agents, and his
statement is fully confirmed by the non-receipt of an Overbad Mail
for some two weeks. But the obstacles in the way will soon be removed,
and we may then anticipate the regular arrival again of the Eastern
mails. When the line was established and the contract let, the
Sierra Nevada mountains were supposed to present the greatest
difficulties to be surmounted in the Winter season in transporting
the mails. The wildest imagination never dreamed of the mails being
delayed by high water on the borders of the great desert. That
astounding result has followed, though it may not occur again for
half a century. The Sierra Nevada has proved less of an obstacle
in a time of terrible storms of snow, wind and hail than the waters
of the Carson and Humboldt rivers. But the mails will soon emerge
from under the difficulties which now overshadow them, and resume
their regular arrivals. Had the mail been on the southern route the
result would have been equally disastrous. That route runs down the
Tulare and San Joaqnin valleys, and the road it traveled has been
under water from one to twenty feet in depth, for a distance of
probably a hundred to a hundred and fifty miles. And we shall not
be surprised to hear that the whole Colorado desert, this side of
Fort Yuma, has been and is now covered by the swollen current of that
river. There is a large portion of that desert which is held to be
lower than the banks of the Colorado, and when that river overflows
its banks its waters must necessarily spread over the sandy desert by
which the river is bounded on the west. It is, however, a fact
calculated to excite wonder that the telegraph on the central route
should have been kept in working order through the storms and floods
it has encountered during the past six weeks. That it should have
stood so firmly and so long amid such a conflict of the elements seems
little short of the miraculous. Through all the visitations of rain,
hail and snow, wind and water, the telegraph has worked about as
regularly and steadily as if the elements were in repose. The fact
speaks well for the manner in which the line was built.
THE CAPITAL.--The Nevada Transcript contains a long article in which
sundry imaginary reasons are assigned why Sacramento should not remain
the Capital of the State. We copy a few of the opening sentences:
We are in favor of a removal of the Capital from Sacramento to some
more eligible spot. So is every man who has examined the matter, and
is honest to himself and his country. The press of the State, without
an exception so far as we know, is against us. But it matters not. We
have our strong convictions of the right touching the question of the
removal of the Capital, and we shall urge our reasons now, when the
evidences of the necessity of the step are prominent.
The editor declares himself in favor of removing the Capital from
Sacramento, and says that "so is every man who has examined the
matter, and is honest to himself and his country." He then very naively
adds: "The press of the State, without an exception, so far as we know,
is against us." We must, therefore, if we accept the logic of the
Transcript, conclude that those who conduct the press of the
State have not examined the matter, or if they have that they are
neither honest to themselves nor their country. This is rather a
sweeping declaration of the Transcript, but so reads its
language. The Transcript is very much in the position of
the juror, who insisted before the Judge that a verdict could be
agreed upon were it not for the eleven obstinate men with whom he
was associated. If the Transcript is right, "the press of the
State," that paper excepted, is wrong on the Capital question. But
unless we are greatly misinformed, it is not alone "the press of the
State" that disagrees with the Transcript; the people of Nevada,
or at least seven out of every ten, concur with the press of the State
in the opinion that the Capital should remain in Sacramento. The
Transcript is making a desperate but unsuccessful effort to
paddle its canoe against a strong current.
"A RAILROAD PROJECT SQUELCHED."--The Stockton Independent heads
an article "A Railroad Project Squelched," from which we take this
extract:
It has been pretty well settled since the 8th instant, that the
railroad project which originated wuh the enterprising men of San
Francisco and Placerville, looking to the mouth of the Mokelumne as
its western terminus, is a failure. The land opon which it was
proposed to build the new shipping town is now some fifteen feet
under water, and had the railroad been built, its line from the
starting point to Mokelomne City would have to be at least ten feet
above the land-level to be out of water.
The Independent, though, thinks that the floods have also
established the fact that Sacramento cannot be relied upon as a
starting point for railroads, and concludes that Stockton is exactly
the place for them all to concentrate. The floods have treated
Sacramento rather roughly this Winter, but before another year
rolls round she will demonstrate by her skill and energy that the
City of the Plains is, of all others, the best adapted, by location
and otherwise, for the center of a railway system in the Sacramento
Valley. Moreover, the only railroad in the State, for general business,
has its main terminus in this city; and the day is not distant when
other railways will also terminate in Sacramento. Whenever a railroad
is built from tide water to Placerville, its main terminus will be in
this city. The natural distributing point for the trade and travel of
El Dorado is Sacramento, and to attempt to change the current to some
other point will be found an unnatural and uphill business. The harmony
in views and in action of the people of Placerville and those of
Sacramento, which have prevailed in the past, will continue in the future.
LETTER FROM SAN FRANCISCO.
[FROM OUR SPECIAL CORRESPONDENT.]
SAN FRANCISCO, Jan. 30,1862.
The sun has been out at intervals this morning, after two days of the
coldest and most disagreeable storm ever experienced on this coast.
Yesterday morning the hills around the city were covered with snow.
During the day and last night we had a cold rain, which turned the
streets into creeks of considerable dimensions. Perhaps, however, we
should be grateful for these things, in view of the alarming prevalence
of the small pox in the city. Cold weather may check its ravages. The
papers are beseeching the people to rush for vaccine matter, and not
to rely upon previous vaccination. The number of cases is nowhere stated,
nor can I ascertain how many have died from this terrible disease. . . .
At the time of writing this no report has been made by the Committee
of Conference of the two Houses upon the Senate bill for removing
certain State offices to this city, and the Assembly substitute
therefor. The appointment of that Committee, so far as the Assembly
was concerned, was disgraceful, whether it was dictated by ignorance
or a disregard of parliamentary usage. The Senate bill provided for
the temporary removal of nearly all the State offices. The Assembly
amended by striking out all but the Governor. The Senate refused to
concur, and the Assembly refused to recede. And here the Speaker
exhibited a woful ignorance of parliamentary law, for the motion which
precedes the appointment of a Committee of Conference should be
"to insist." The motion made was "to adhere." When this latter prevails,
the legitimate effect is to kill the bill. It falls between the two
houses. The motion to adhere was, however, acted upon, as though it
had been simply a motion to insist, and a Conference Committee was
proposed by the Assembly, when such action should have been first
taken by the Senate. But although the Assembly voted never to
compromise--which it did not mean to vote, and would not have done
with a competent Speaker in the Chair, to call attention to the
error--all three of the Committee on the part of that body were
selected from the minority, and all three voted as did Mr. Speaker,
to back down entirely and let the Senate bill stand as it originally
passed that body. The effect of this will be seen at a glance. The
Senate and Assembly disagree upon a certain proposition, and Committees
are chosen to settle the difference, if practicable. The Speaker
happens to disagree with the House over which he presides, and to
agree with the other branch, and accordingly appoints friends of the
Senate, opposed to the will of the House, to confer with a Senate
Committee. In the Conference Committee the Assembly is deprived of
any representation, and the result must naturally be a one-sided
report, which the Assembly will not listen to. It is probably the
first instance of the kind on record. The invariable rule, when either
parliamentary usage or decency is consulted, is that the Committee of
each House shall represent the will of the body to which they belong
respectively. If the Speaker knew no better he is unfit for the
position he occupies; if he did know better, mild language is unsuited
to the occasion. The selection of Barstow for the Speakership was
undoubtedly a misfortune. He is unskilled, excitable and arbitrary.
His manner of putting every motion--in the tone of one making a atump
speech--is ludicrous in the extreme. He is acknowledged to be a very
good man, of education and ability; but his friends must admit that
in the Speaker's chair he is entirely out of place.
The general feeling here in regard to the removal was truly represented
by the leading city papers previous to such action. The statement which
Ferguson of your county made in regard to an indignation meeting being
held here upon the subject while the question was pending at Sacramento,
was no invention, as was charged in some quarters, but had a good
substantial foundation, as I will show. On Sunday, 12th inst., Platt's
Hall was crowded during the day, an organized consultation of citizens
being held there in regard to the disastrous inundations in Sacramento
and elsewhere. On that day Philip Stanford--the Governor's brother--stated
to the meeting that an effort would be, or had been made, to remove the
Legislature to San Francisco, and suggested that an indignation meeting
be held on the following day for the purpose of expressing the opposition
of the people of San Francisco to any such unnecessary and uncalled for
proceeding. The proposition was received with demonstrations of approbation,
and no dissenting voice was raised. On that very day Jacob Deeth, a well
known business man of this city, left for Sacramento as one of a Committee
to carry relief to the sufferers. Having heard Mr. Stanford's proposition
at Platt's Hall, and observed its cordial indorsement by those present,
he made no doubt that a meeting would be held on the day following, in
accordance with the general understanding, and stated at Sacramento what
I have here written in regard to the matter. For my statement I have the
authority of Mr. Deeth himself, whose veracity will not be questioned.
The Capitol arrangements are by no means comfortable as yet, nor can
they be made so in the building now occupied. The offices of the
Sergeants-at-Arms are not convenient to the respective chambers; the
lobbies are small and consequently noisy when crowded, as they generally
are; the location is a noisy one, and the narrow halls leading to the
various rooms of Committees and attaches are dark, dirty and so obstructed
by old furniture that the Secretary of State would find some difficulty
in moving about in them. Some who favored the stampede are much
dissatisfied, as the vote on removing the State offices plainly shows.
Senator De Long is one of the reformed. He voted against the bill to
remove the State offices, and labored to defeat it in the Assembly.
Indeed, I have heard him question the necessity of even the Governor's
removal. Senator Perkins adheres to his first position, but so far as
some arrangements about the temporary Capitol are concerned, in regard
to which he exhibited some anxiety at Sacramento, he might as well have
voted to stay at the latter place.
SACRAMENTO SUBMERGED.--From a private note, received by C. T. Kaulback,
from Marysville, we learn that Sacramento was five feet under water, and
no paper was published there for five days previous to the date of the
letter.--Plumas Standard, January 18th.
It is hardly necessary to state that the above item, so far as it refers
to no paper having been published in Sacramento for four days, is wholly
incorrect. No day has passed by, with the exception of Sundays, in which
a newspaper has not been published in this city, floods or no floods.
And yet newspapers which publish such erroneous statements accuse the
UNION of not giving "detailed and accurate accounts of the flood" in
Sacramento, merely because it has not attempted to make matters worse
than they were, which was needless, and has declined putting in
circulation foolish and absurd stories about the flood. Our own
citizens are the best judges of the truth of history in this regard,
and we have not yet heard of the first individual in this city who has
expressed the idea that the UNION has not published every material fact
touching the magnitude and incidents of the inundation. The Placerville
Republican is one of these very wise newspapers which affect to
believe that the UNION has not been truthful in setting forth the full
distresses of Saccramento [sic], and says this belief, in connection
with the handling which it has given some of the members of the
Legislature, "has lost it many subscribers." If such had been the fact
we should probably have known it, and as we have no such knowledge, the
conclusion is inevitable that the Republican has "falsified the
truth of history," and endeavored to make a little Republican capital
for the benetit of those Republican and very delicate members of the
Legislature whose tender toes have been trodden upon in the comments
which have been made upon the injudicious removal of the Capital. We
can assure the Republican that the subject is not exhausted,
and as it is a matter which vitally interests the people of the State,
we shall probably have a few words more to say about it at our leisure
and convenience.
BRIDGES.--The announcement that G. W. Colby will soon have a bridge over
the slough at the Fort, is gratifying to those who desire to have our
communication with the country opened. As suggested this morning, in
order to get to it bridges will be necessary on J street--particularly
if the crevasse this side the tannery remains open through the winter.
Indeed, it will require several bridges to pass the water which flows
in at that point when the river is high. But the eight hundred feet
break there we presume will be closed as soon as the water falls
sufficiently to enable the work to be accomplished.
We notice that a bill has passed the Senate to authorize certain parties
to build a bridge over the American, at or near Folsom. This is all
right enough, but we suggest that our delegation be a little cautious
about granting bridge franchises near this city, as it is possible
that in connection with building a macadamized road and levee, it may
be found necessary to connect therewith a bridge franchise. Should it
be determined to levee in the main portion of the city, the plan of
chartering a company to build a macadamized road and bridge connected,
may be adopted, in order to secure the desired levee. . . .
BRIDGES IN THE INTERIOR.--We learn that the owners of bridges in the
interior, which have been swept away by the late floods, are generally
making arrangements for the early erection of others in their places.
They will now put their structure above the highest water mark of the
late floods, with a broad, margin for future inundations. Knowing now
a little more of the eventful history of this novel country, and its
propensity to run to extremes in the way of dry and wet seasons, they
will take note of the past and keep a good lookout for the future.
LATE FROM WASHOE.--A correspondent of the UNION, writing from Gold Hill,
Nevada Territory, January 28th, gives us the following matters of interest;:
The waters occasioned by the last storm had no sooner commenced subsiding,
promising to give us commnnication with our Capital, Carson City, and
thereby with you also, for, be it known, we miss the UNION, than it
commenced snowing to a depth of from two to three feet, deeper than it
has been either this or last Winter. With that we might have got along;
but last night it changed to a steady, warm rain, and has continued without
the least intermission to the present, ten P. M., with every prospect of
continuing.
The damage sustained no one at present can for certainty say. With but
very few exceptions, all the mills have suffered more or less. In some
instances they have been entirely destroyed, leaving scarce a vestige
to point out the spot of their former existence. Many mill owners had
scores of tons of tailings from which they had great expectations. All,
all is gone! Mining consequently has nearly ceased --I mean among those
who were getting out paying rock. The evil does not rest here. there
are many teams and teamsters here, no less than forty, mostly with four
or six horses or mules. Hay today is worth and selling for $250 per ton;
barley from twelve and a half to fifteen cents per pound, and a very
limited supply at that. As the major part of the hay in the valleys has
either been wholly washed away or so badly damaged as to be nearly
useless, it muat fall very heavy on that portion of our community. In
short, it has check-mated every branch of business without exception.
The roads have suffered with everything else exposed to the storm's
ravages. Silver City road is all but destroyed. By that route there is
no communication, nor has there been for the last week. The only ingress
or egress either to this place or Virginia City is by Blanchett's road
via American Flat. Even that has suffered considerably.
Next to our own misfortunes and prospects, the chief inquiry is,
"I wonder how Sacramento will fare?" but it is uttered in such an
unmistakable tone as to leave no doubt of the speaker's anticipations.
I most sincerely hope that the majority of our fears may not be realized.
Keep the UNION afloat, if possible, for I assure you we miss her here
badly.
It continued to rain till 5 A. M. to-day, with every appearance of
commencing afresh. The waters are running in torrents.
HEAVY LOSS OF CATTLE.--Alvin Fisher, who had some five hundred head
of cattle in the neighborhood of Loving's bridge, on the Stanislaus,
has lost three hundred of them by drowning, starvation, and exposure,
during the late flood.
COLUMBIA.--The snow in this town on Monday, January 27th, was from
eight to ten inches deep. . . .
p. 3
CITY INTELLIGENCE.
THE BOAT LARCENY CASE.--About a week ago, two men, named James Langtree
and Charles Lawson, were arrested an a charge of petty larceny, in
stealing a boat belonging to J. A. Crocker. They were tried in the Police
Court on Thursday, and--the case being taken under advisement--were found
guilty yesterday morning. The main points in the history of the case are
as follows: About the middle of November, at about noon in the day, they
saw a boat floating down the Sacramento river, and went out and secured it.
They moored it at the levee, nearly fall of water--as it was when they
found it--where it remained for several days. Some acquaintance of theirs,
without their knowledge, loaned it temporarily to another party, and it
was out of their possession for several weeks. On obtaining control of
it again, they went to an attorney, L. S. Taylor, to consult him as to
their legal duty in the premises. In accordance with his advice, they
went before Justice Coggins, and Lawson made an affidavit stating the
fact of having found the boat, and telling where it could be obtained,
etc. They also inserted in the SACRAMENTO UNION, of December 30th, for
three days, the following: "Boat Found. Picked up in the Sacramento
river about six weeks ago, during the first rise, a flat bottomed skiff,
painted lead color. The owner can reclaim his boat by applying at the
Pacific Market, paying charges, etc." They also, in accordance with
the advice of their attorney, posted a written notice of the finding
of the boat at the foot of the stairway of Justice Coggins' office, in
Klay's building. Some three weeks passed and no owner applied for the
boat. In the meantime Lawson and Langtree were employed by the Howard
Benevolent Society. Sometimes they used the boat which they had found,
and sometimes others more commodious or efficient. The boat was kept in
use about the Pavilion. It had not been repainted, altered or changed
in appearance in any manner. It had not been sold, nor has any attempt
been made .to sell it. About a week ago, J. A. Crocker went to the
Pavilion in search of boats belonging to the California Steam Navigation
Company. Seeing the boat in question in possession of Lawson and
Langtree, he claimed it. They told him that they had made an affidavit
before -----, a Justice of the Peace, of having found the boat, and that
if he would go before the same Justice and swear to its ownership, he
could have it; and refused to surrender it until he should do so.
Warrants were obtained, and the parties were arrested. In the trial,
J. A. Crocker testified that the last time he had seen the boat previous
to finding it in the possession of defendants was about six months ago,
when it was sent on a barge to the wreck of the steamer James Blair,
which sank at that time in the Feather river, a few miles this side of
Marysville. Lawson and Longtree--who have lived in Sacramento about seven
years, and whose characters for honesty have never before been questioned.
were yesterday found guilty of petty larceny. They will, to-day, unless a
new trial is granted, be branded as thieves by being sentenced for the
crime. Our chief object in referring to the case is to illustrate how
close is the affinity and how indissoluble the bond which unites justice,
law and common sense.
POLICE COURT.--In the case of Charles Lawson and James Langtree,
tried on Thursday for the larceny of a boat, and taken under advisement,
Judge Gilmer rendered yesterday a verdict of guilty. The case of
Alexander Manown and William Gibson, charged with grand larceny in
stealing powder, was continued until Tuesday, the 4th instant. The
examination of Austin Rodifer, William Dorsey asd Charles Morgan, on
a charge of grand larceny in stealing powder belonging to Oppenheim,
was commenced. and after the examination of Oppenheim, Habersen, Turner
and Pearsons, as witnesses, was continued until to-day. The testimony,
so far as elicited, shows that two of the defendants at different times
offered powder to Oppenheim for sale, and when questioned as to where
they got it refused to answer. These facts aroused suspicion, and on
an examination of the powder house the doors were found to be open.
The walls of the building are twelve inches thick. The eyes in which
the doors were hung were built into the wall, being four inches from
one side and eight from the other. They were forced out along with the
four-inch portion of the wall. One of the defendants had applied to one
of the witnesses for the use of his boat to remove powder for the purpose
of saving it from the flood. Another witness had seen a boat near the
powder house, supposed to be that of one of the defendants. The case is
conducted by P J. Hopper for the prosecution, and J. C. Goods for the
defense. Oppenheim has lost about $6,000 worth of powder; J. & P. Carolan
and Massol & Merwin have also lost heavily.
CORONER'S INQUEST.--Coroner Reeves held an inquest yesterday afternoon
over the body of a Chinaman named Ong Kow, who was drowned in Sutter
slough. A. Caldwell, James Keech, W. D. Tranor, T. F. Denin, Jeremiah
Gafney and Wm. R. Gallup were impanneled as the jury. Wm. Holbech
testified that at half-past twelve o'clock yesterday, when passing
Fifth and I streets, he saw some Chinamen taking the body now before
the jury from the slough; witness presumed that deceased had been
drowned. Ah Shue testified that he knew the deceased; his name was Ong
Kow; he belonged to the See Yup Company; he was forty years of age and
a native of Canton; witness last saw deceased alive two days ago;
witness was searching for the body of the deceased with a hook and found
it in the water near the levee; he believed deceased was accidentally
drowned. (The witness don't explain why he thought, before finding the
body, that deceased was drowned, or how he was able to find the body
so readily) . Ah Own concurred in the testimony of Ah Shue. The jury
returned a verdict to the effect that the cause of death was unknown,
but that in their opinion the deceased was accidentally drowned.
LEVEE SURVEY ORDERED.--At a meeting of the Board of Swamp Land
Commissioners, held on Thursday evening, a resolution was passed
instructing B. F. Leet, Engineer of the Second Swamp Land District,
to proceed at once to make a survey of the Sacramento river from
Sutterville to the mouth of the American river, and the American
river to Brighton, and report the result of said surrey to the Board
as soon as practicable. It will be remembered that a survey was made
during the Summer, by Engineer Leet, of the Sacramento as far north
Sutterville, which was then the northern extremity of the district.
Since the late floods the Commissioners have extended the district to
the American river. The members of the Board favor the policy of
constructing a substantial levee along the bank of the American, to
high land, in connection with work of the same character on the
Sacramento. It is expected that a full report can be had within
twenty days, by which the entire cost of the work will be shown.
The result of the survey will be looked for with great interest.
SAFELY REMOVED.--The skeleton of Frank Kosta's new schooner, Sacramento,
was safely towed yesterday from the ways below Y street to the Half-way
House between this city and Sutterville. For two months past she has
been in a critical position, and at each succeeding flood it was feared
she would be carried away. Her owner had had attached to her a number
of empty casks, by which she was buoyed up, and yesterday, by the aid
of the steamer Visalia, she was towed off safely and without difficulty.
She was made secure among the willows near the Half-way House. As she
is the first schooner of her size ever built at Sacramento; and as she
has thus far withstood the perils and dangers of storm and flood, it is
to be hoped her future career may be prosperous and profitable.
THE DEFIANCE.--We are informed that our statemant, made yesterday, to
the effect that the steamer Defiance was stranded near Oroville, is
incorrect. She is not aground at present, and has not been at any time.
She was unable to reach Oroville, on her last trip up, on account of
the filling up of the channel at a point about nine miles south of the
town. She discharged her freight and is now lying in the river, while
her crew is engaged in making a road cut to the turnpike over which
merchandise can be hauled by teams. She will continue during the next
three months to discharge her freight and passengers from Marysville
at this point. Stages and wagons over the new road will connect with
Oroville.
TIME TO WORK.--The crevasse in the northern levee at Seventh street,
although partially stopped, emptied a large amount of water from the
slough into the city during the last ten days of flood. The water has
so far fallen now that none of consequence runs through this opening.
A few hands in half a day, at slight expense, could at present close
it up and make it safe, for the season. If left in its present condition
it will be the source of a great deal of trouble whenever the waters
rise again. We can rely more safely upon gunny sacks in such a case
than upon the weather.
LUMBER FOR BRIDGES.--The steamer Sam Soule, after making her regular
trip up the American river yesterday forenoon with freight and
passengers, took up in the afternoon a cargo of lumber. Great
difficulty has been experienced in transferring goods from the
landing on the river bank to the cars at Hull's ranch, on account
of the bad road over which they have to hauled. The lumber referred
to will be used in building bridges over the sloughs between the two
points.
THE RIVER.--The Sacramento river fell about four inches yesterday,
standing at sunset at about twenty feet six inches above low water
mark. Our report yesterday, which read twenty-two feet ten inches,
should have read twenty feet ten inches as the hight of the river.
An addition of two feet of water to a river already even full, is,
at the present season, a matter of so serious a character and of
such dangerous results, that we most gladly make the deduction. . . .
NOT FLOODED.--Yolo City, or Woodland, in Yolo county, has not, we
are informed, been flooded during the present season. An additional
rise of six feet above the highest flood would be necessary to reach
the town. . . .
FROM THE SOUTH.
By the arrival of the Senator at San Francisco we have received advices
from Los Angeles to January 25th. We condense the following from items
in the Star and News :
THE FLOOD.--The rain commenced falling on the 24th of December, and
continued until the morning of the 23d of January, with but two slight
interruptions. On Saturday last, torrents of water were precipitated on
the earth; it seemed as if the clouds had been broken through, and the
waters over the earth and the waters under the earth were coming into
conjunction. The result was that rivers were formed in every gulch and
arroyo, and streams poured down the hill sides. The Los Angeles river,
already brimful, overflowed its banks, and became a fierce and
destructive flood. The embankment lately made by the city for the
water works was swept away--melted before the force of the water. The
Arroyo Seco poured an immense volume of water down its course, which,
emptying into the river, fretting and boiling, drove the water beyond
all control. On Saturday night the work of destruction began. The
vineyard of Mrs. S. T. White was the first to suffer. Almost instantly,
5,000 vines were washed away, besides several acres of land used for
pasture. The destruction continued the next and following days, until
a great breadth of land was washed away which had been planted with
orange and all other kinds of the most valuable fruit trees. E. Moulton
sustained the loss of his entire property. Thirty acres of land were
washed away--nothing left of it; his house and all it contained; his
vineyard, orange orchard and everything he was possessed of, having
been carried down the stream. A vineyard of Wolfskill, adjoining
Moulton's, on the eastern side of the river, was next destroyed.
The current then crossed to the western bank, committing only slight
injury to the Sansevaine property, but making an almost total
destruction of the vineyard of Hammel & Messer. The dwelling house
and cellars were washed away; with difficulty the large tanks of
wine were saved, and acres of land planted in vines were annihilated.
The loss of these gentlemen is considerable. Huber's vineyard next
suffered, several acres having been destroyed.
The water overflowed the vineyards of Frohling and Coronel, but caused
no damage. In some places, as at Hammel & Messer's, large deposits of
sand were left on the ground, almost covering up the vines.
From information obtained through reliable sources, we are satisfied
that the losses, all told, in the city and vicinity, do not amount
to over $25,000. We have them rated an follows : Moulton $10,000,
Mrs. White $5,000, Wolfskill $2,500, Hammel & Messer $5,000,
Huber $1,000, other losses, say $1,500; total, $25,000.
The roads and rivers were, as a matter of course, impassable. The San
Gabriel river had overflowed its banks, preventing travel. It then
became dammed up where it enters the plain, but it forced a passage
for itself, making its way from the eastward to the westward of El
Monte, causing the inundation of those lands. The road from Tejon,
we hear, has been almost washed away. The San Fernando mountain cannot
be crossed except by the old trail, which winds round and passes over
the top of the mountain.
Merced rancho, the residence of F. P. F. Temple, was flooded. The
family effected their escape on a raft.
ANAHEIM.--We have heard that this flourishing little settlement has
been swept away and destroyed. But a few houses, and those on high
ground, hare been left standing. The great Anaheim vineyard, it is
said, has been washed away. The land on which it was situated being
all made land, the confirmation of this great disaster may be looked
for. The wall of the church in course of erection for Protestant
worship has sustained injury during the late rains, by the settling
of the southeast corner of the building.
GREAT DISTRESS AT JARUPA.--Rev. Mr. Borgatta, of Jarupa, arrived in
town from his pastorate on Thursday. The intelligence he brings is
of a most unfortunate character. The flood in the Santa Ana river
was so great as to pour into the town, washing away the houses,
leaving the people without shelter. The church, fortunately, withstood
the flood, and thither the people flocked. Everything, of provisions
and clothing, has been destroyed, and the people are left absolutely
in a state of starvation. There are now fully five hundred persons
in the church, without the means of subsistence or the ability to
procure them.
VISALIA--We were informed on Thursday, that the town of Visalia had
suffered greatly from the flood. Rumor makes the destruction of the
town complete, but we have no reliable information on the subject.
A gentleman who arrived in town heard of it, at or on his way to
Fort Tejon.
SAN BERNARDINO.--Reports from this city inform us, says the Star, that
almost the entire property in the valley has been destroyed. Another
report says, that the dead bodies of thirteen Indians had been
discovered, drowned by the flood. . . .
REPORTED DROWNED.--We have heard it rnmored that thirteen bodies of
Americans or Europeans had been found on the Santa Ana river. We have
no means at present of knowing the truth of this story. . . .
PERILS OF A TRAGEDIAN.--McKean Buchanan and his party were twenty-three
hours up a tree in the late flood, near Snelling's, on the Merced. A
correspondent says the suffering party were supplied with some excellent
brandy, which so revived Buchanan and his friends that they walked back
to Snelling's in double quick time. . . .
THE OVERLAND MAIL.--A dispatch from Frederick Cook, Assistant Treasurer of
the Overland Mail Company, dated at Carson, January 27th, says:
I arrived last night from San Francisco, having made all possible progress.
The mountains are impassable for some days for man or horse. Snow fifteen
feet deep on the Summit, and everywhere soft, under a thin crust, causing
man or animal to sink at every step. Will be so until packed down. No
stage has arrived here from the East since the 22d. A large region around
the Sink of Carson is inundated, and the course of the river changed, so
as to cut off our routes. Agent is building a boat to navigate the flood
and bring forward the mails. We are making every exertion to get the
mails through. . . .
TRAVEL IN PLACER.--A correspondent at Illinoistown, in Placer county,
Jan. 26th, says that Charles Rice has now a fine ferry boat at Mineral
Bar crossing, between Illinoistown and lowa Hill, which is in good
running order. . . .
WHAT THE STATE CAN DO.--It has become an important question in the minds
of legislators and others, as to what will be the best plan by which the
State can relieve those who have been heavy losers by the flood--especially
farmers who have not only lost their stock, but have lost their fences,
buildings, etc, have not the wherewith to replace them, and are besides
in debt. To meet the exigencies of the occasion two propositions have
been presented--one is a stay law, and the other a proposition that the
State shall go into the banking business on borrowed capital. This plan
contemplates that the State shall borrow $10,000,000 and then loan it
out in small sums to farmers and others; and it is so impracticable,
one would think, as to defeat .itself; but as grave Senators have taken
it into consideration, we devote some space in exhibiting the folly, so
to speak, in wasting time on it. In the first place, it contemplates
creating a State debt of $10,000,000 and therefore, to be effective,
must be voted for by the people at the next general election; those
needing the money could not receive it from this source until January
next, even if the people should be willing to create the debt for such
a purpose, and therefore, while waiting for the money, they would be
as good as ruined entirely. But supposing no constitutional difficulty
existed to mar the working of this singular plan, it would be heaping
a sort of double indebtedness on the part of the people--in fact would
entangle them in a maze of debts from which they could never extricate
themselves. It would also create a new set of officers, who would have
at their disposal a most dangerous corruption fund. The idea of getting
out of financial difficulties by getting over head and ears in debt,
and paying large rates of interest, is not a new one to individuals,
neither has it ever proven effectual. We hardly think it can be made
any more effective by applying it to communities, and have no doubt
that the Committee to whom the matter has been referred in the Senate,
will report unanimously in favor of giving it the go-by. Instead of
creating more debts, the better plan will be to relieve the people of
the pressure of present debts, Such a plan would allow sufferers by
the flood an opportunity to turn around and help themselves, so that
in time they could become financially as sound as ever. The true plan
of relief would be to enact a stay law, to be in effect say until the
1st of January, 1864. so as to give farmers a chance to get in and sell
their crops, and miners an opportunity to repair their ditches, mills,
flumes, etc., and get their claims again in working order. Such a law
should provide that debts, the collection of which is stayed, shall
constitute a lien on; the property of debtors; that debts in the shape
of notes and mortgages shall continue to bear the rate of interest
heretofore agreed upon, while all book accounts shall bear the legal
rate of interest. A law of this character, if carefully drawn, would
fully protect the rights and interests of creditors, and would at the
same time enable debtors to recover their lost ground. Ruin would not
stare them in the face. On the contrary, they would be eased of the
load which now bears heaviest upon them, and be enabled in good time
to pay their debts without trouble. A stay law may be said to be a
desperate remedy to resort to, but nothing else will avail under present
circumstances. Without such a measure one-half the State will be bankrupt
within six months; and worse still, nearly all the property of the State
will fall into the hands of a few heartless, speculating
sharpers.--San Francisco Call.
p. 4
FRENCH BENEVOLENCE.--On next Monday evening, February 3d, a dramatic
representation will be given in San Francisco, under the auspices of
a Committee of the French Benevolent Society, for the benefit of the
sufferers by the recent floods. The Committee promise an attractive
programme, and expect to realize a handsome sum.
WRECK OF THE FLYING DRAGON.--The Bulletin of January 30th gives the
following particulars of the wreck of this vessel:
The ship Flying Dragon of Boston, but last from Sydney,
Capt. Horace H. Watson, appeared off the Heads last evening, and was
boarded by Capt. Buckingham, pilot, at six o'clock. The wind at the
time was moderate from the southward. When inside the heads, at ten
o'clock, a squall from the southeast struck her. The sails were clewed
up and the ship brought to anchor, but before sufficient chain could
be got out to hold her, she had dragged down to and struck on Arch
Rook, or Bird Rock, which lies about midway between Alcatraz and Lime
and Cavallo Points. It was so thick, the rain pouring down in torrents,
that nothing could be seen. The flood tide kept the ship hard up against
the rock. By half-past eleven o'clock there were three feet of water in
the hold. The pumps were manned and worked with vigor A dozen guns were
fired and signal lights burned. From Alcatraz there came out boats with
soldiers to the rescue. The soldiers lay hold of the brakes and assisted
well at the pumping; but it was of no use. George T. Grimes, her
consignee, was on hand with a tug, for whose services be paid one
thousand dollars, vainly doing all in tug power to pull her off. The
ship, laden with one thousand tons of coal, kept settling lower in
the water. At eight o'clock this morning she was slewed around to
the east of the ledge, Bird rock over her stern, her prow pointing
towards Alcatrez, while several boats might be seen going to and from
the island. At half-past eight her bulwarks had disappeared; at ten
she fell over on her starboard side, and nothing below the gallant yards
was visible. She is a total wreck. Captain Watson and his men had time
to save their valuables and clothing. The wreck and cargo were sold
to-day at one o'clock for $825. She was insured. . . .
PLACERVILLE.--Flour was selling in Placerville, Jan. 29th, at eight
cents per pound, rice from tweive to sixteen cents, and potatoes at
eight cents.
Sacramento Daily Union, Volume 22, Number 3385, 3 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION.]
SENATE. FRIDAY, January 31. 1862.
The Senate met at 11 o'clock, the President pro tem. in the chair, . . .
BILLS.
. . . . Mr. LEWIS, from the Calaveras delegation, reported favorably
on Senate Bill No. 55, relative to the construction of a bridge across
Mokelumne river. The bill was sent to the general file.
SUFFERERS BY THE FLOOD.
Mr. BANKS inquired to what Committee had been referred the bill
appropriating $25,000 for the sufferers by the flood.
The SECRETARY stated the Committee on Finance.
Mr. BANKS said he desired that Committee to report it back immediately,
either with or without recommendation.
Mr. PERKINS said the Committee on Finance had had no room wherein to
meet and act upon matters before them. Consequently, business had
accumulated upon their hands. They undertook to meet in the Senate
Chamber one night, but found it all in confusion, and were obliged
to postpone several reports. They would attend to these matters at
the very first opportunity.
Mr. BANKS knew, that the Committee had not had conveniences, and he
made these inquiries in no spirit of discourtesy. He simply desired
that the House might come in possession of the bill in order that
action should be had upon it. In order to have a question before
the House, he moved that the Committee be instructed to report at
their earliest convenience, and went on to state the reasons why he
had not before urged the passage of the bill. He had introduced it at
the request of persons prominently connected with movements for the
relief of sufferers. It was provided in that bill that the Howard
Association of Sacramento should be a Commission to distribute that
money; and gentlemen connected with that Society had earnestly
requested him not to urge the passage of the bill at that time.
One of the last requests made to him on leaving Sacramento was that
he should not urge the passage of the bill, but let it sleep, in
the Committee. He had, therefore, not done anything to secure its
passage. He understood now that there was great necessity for the
passage of some measure of that kind, and therefore hoped the
instructions contained in the motion would be carried out by the
Committee.
Mr. DOLL said, as he was one of the members of the Finance Committee,
that he had not examined the bill, nor even heard it read. He would
give it a careful investigation as soon as circumstances possibly
permitted.
The motion was carried. . . .
TOLL BRIDGE.
The bill to grant the right of constructing a toll bridge across
Mokelumne river, at Big Bar, where the Big Bar bridge has been carried
away, connecting Calaveras and Amador counties, and the right of
maintaining a road commencing at a point one-half mile from Mokelumue
Hill, and running to Butte City, in Amador, to Lewis Soar and others,
was taken from the general file and discussed. The bill grants the usual
rights and immunities for a term of twenty years, provided that within
one year Messrs. Soar & Co. shall have completed a bridge, and thereafter
they shall keep the bridge and road in good repair. The fifth section
leaves it to the Board of Supervisors of Calaveras county to fix the
rates of toll as arranged by them on the first of October, 1861, before
the old bridge was swept away, which rates should not be changed during
the term specified in the bill.
Mr. WATT suggested some alteration in this section, so as to allow the
Supervisors in future to regulate the toll as they might see fit. The
provision that the same toll should remain fixed as stated in the bill,
might prove inconvenient in future.
Mr. LEWIS moved to amend by inserting "such rates of toll as may be
from time to time suggested by the Supervisors of Calaveras county."
Mr. MERRITT said the Courts had decided that when the rates were once
fixed, according to Webster's definition of the word, they could not
be altered. . Such a question had arisen in his (Mariposa) county.
Mr. GALLAGHER said the bill was wrong, and moved it be recommitted.
Mr. RHODES said the stream was not a navigable one; the Act was contrary
to the constitutional provision which established that corporations may
be formed by general law, but shall not be created by special Act. If
the corporation was created by special Act, and thereby stood contrary
to the general law, the effect of the Act would be destroyed and the
company would have no right or title to the privileges involved. This
was a serious consideration. The bill was recommitted. . . .
THE REMOVAL OF STATE OFFICERS.
Mr. PORTER, from the Committee of Conference, to whom was referred the
bill contemplating the removal of various State officers from Sacramento
to San Francisco, reported that five of the Joint Committee had agreed
upon an amendment embracing the same provisions as the original bill
passed by the Senate, except in relation to the office of Attorney
General, which it was proposed should be left at Sacramento, by striking
the name out of the bill.
Mr. Merritt said they had several meetings in Committee, and finally
had made a unanimous report from the Senate Committee and a majority
report from the Assembly Committee. They had agreed upon the unanimous
report at one time, but one of the Assembly members would not stick.
The Committee agreed that the Assembly should recede from their title,
and the Senate should recede so as to provide only for bringing down
the Governor, Secretary of State, Controller, Surveyor General and
Quartermaster General. The Senate was also recommended to concur from
the third section of the bill from Assembly, limiting that the total
expense of removal to and from Sacramento to $2,000, which was believed
to be quite sufficient. The Legislature had already paid $ 1,000 for
rent this year, and the Committe [sic] thought the building in which
they were now was amply sufficient to accommodate State officers,
Copying Clerks and all. It could be easily shown that the State would
save a larger sum in this way, leaving the question of convenience
entirely out, than would cover the whole cost of removal to and from
Sacramento. Constant reference, for speedy legislation, had to be made
to the offices of the Secretary of State, Controller, etc., and to the
records of the Board of State Examiners. If the Assembly bill were
adopted, some of the members of this Board would come down and others
remain; and there was a law requiring the Governor's Private Secretary
to be Clerk of the Board of officers, which would be regarded impracticable
by adopting the Assembly amendments. The cost of continuing the State
offices at Sacramento during four months had been variously estimated
at $3,200, while bringing them down would be limited to $2,000.
The Senate concurred in the amendments. . . . .
Mr. CRANE said . . . Almost every member on this floor takes a newspaper
known by the name of the SACRAMENTO UNION. We all knew that the boats
arrive here generally about nine o'clock in the evening, frequently
half-past eight o'clock. These newspapers are sold about the street, yet
no member is able to get one until the Senate goes into session next morning.
I am told they come regularly, and if some of these Postmasters or attaches
wouid take pains to get them when they come in the evening, and put them
into our boxes, almost every member could have the privilege of reading
that paper at any rate--a paper that is paid for; while at present we are
unable to get it until the news becomes old.
Mr. SOULE (sotto voce)--You want the Union because it abused the
Legislature for removing to San Francisco.
Mr. CRANE--O, yes! I go in for free discussion. . . .
Mr. NIXON moved to amend by requiring the Porters to do the duty stated
by the Senator from Alameda.
Mr. IRWIN said they had already a Postmaster whose business it was to
do that. The Porter could not get the newspapers at Wells, Fargo & Co.'s,
if he went there.
Mr. HILL said that since he arrived in the city of San Francisco he had
not had a single UNION put on his desk.
Mr. WATT suggested that Senators should not be too hard on the Postmaster.
It was the first time the Republicans were ever in office, and probably
they hadn't got used to it yet. [Laughter.]
The resolution was lost. . . .
BOOKS FROM SACRAMENTO.
Mr. HOLDEN offered the following:
Resolved, That the Sergeant-at-Arms of the Senate be authorized
to procure from the State Librarian such books as may be required or
ordered by the different Senators from the State Library, the expenses
to be paid out of the Contingent Fund.
Mr. PARKS inquired whether this simple resolution would free him from
the rules of the Library. Persons drawing books, he said, were always
charged with them, and if they lost them they would be obliged to pay
three times their value. The Sergeant at Arms had informed him of several
books that he had drawn for members, and he could not tell what had
become of them.
Mr. HOLDEN presumed the order of a Senator would make him responspible [sic].
He had a conversation last night with the State Librarian, who informed
him that arrangements could be made to send books down here at very small
expense. As there were books in the State Library that would be needed,
he hoped this means would be taken of procuring their use.
The resolution was loat.
At one o'clock the Senate adjourned.
ASSEMBLY.
FRIDAY, January 31, 1862.
The House met at 11 o'clock, . . .
QUESTION OF PRIVILEGE.
The SPEAKER--Gentlemen of the Assembly: Under privilege, I take occasion
to allude to a personal matter between the gentleman from Plumas
(Mr. Shannon) and myself, touching the original appointment of a
Committee of Conference day before yesterday. The gentleman from Plumas
saw fit to arraign the action of the Chair in that regard on the ground
that in appointing the Committee of Free Conference all composed of the
friends of the measure. [The objection was that the Committee was
composed of the enemies, not the friends of the measure.--Rep.] There
was a breach of the parliamentary law governing such a case. The
gentleman from Plumas is wholly in error in his opinion. I can readily
conceive that the error originated in his mind from hastily reading the
latter part of the page in Cushing's Manual, from which he quoted, and
by which he sought to fortify himself in his opinion and placing upon
it that misconstruction of which such rules are a prolific source; and also
from not reading at all the preceding section or page, in which the rule
is clearly stated--"In regard to the appointment of Committees, so far as
the selection of the members is concerned, it is a general rule in
legislative bodies when a bill is referred, that none who speak directly
against the body of it are to be of the Committee, for the reason that he
who would totally destroy will not amend; but that, for the opposite
reason, those who only take exceptions to some particulars in the bill,
are to be of the Committee." This rule supposes the purpose of the
commitment to be not the consideration of the general merits of the bill,
but the amendment of it in its particular provisions, so as to make it
acceptable to the Assembly. It is by no means matter of exultation to
me, but I regret rather to find that a gentleman so frequently right in
his opinions should be for once in error in a matter of that kind. I put
away from me at once all idea of ill intention in the arraignment he saw
fit to make, because any idea of ill intention would be wholly at war
with his well known and constant exhibition of candor, frankness and
manliness of character in this House. Yet, on the other hand, I have
a right to say that the manner of the arraignment was the manner of
complaint, and that it involved an imputation. It involved, in fact,
a serious accusation, so far as it can be serious touching a matter of
that kind. The rule is the reverse of what he stated, although I am
willing to be entirely frank and say, that when the gentleman from
Plumas suggested that the rule was as he stated it, I was of the same
opinion, and when the gentleman from San Joaquin (Mr. Meyers) asked to
be excused, I was glad to avail myself of that opportunity of acting upon
the suggestion of the gentleman from Plumas, thinking that it was right.
But as I found I had been arraigned, I thought it proper to investigate
carefully the whole law touching the matter, and upon that investigation
I find that even if the appointment had been entirely of the friends of
the measure, it would still have been made in accordance with parliamentary
law. I am aware that discussions upon points of order and personal
explanations are generally admitted to be about the most useless of any
which can take place in this body, but at the same time this whole matter
of removal being one of extreme delicacy, so far as relates to the San
Francisco delegation, I thought that it would not be amiss, and that
the House would be willing to indulge me in making a statement touching
this matter, because upon this floor the delegation from San Francisco
represent the feelings, the wishes, the opinions, and I will say the
magnanimity of the people of San Francisco, touching the whole subject
matter of the removal. In all that I have said, and in all that I think,
I do the gentleman from Plumas the justice to think and to believe that
as he has fallen into a slight error, the same into which I acknowledge
fell myself, that for it to be set entirely right it is only necessary
to make this appeal to his candor, to his magnanimity, and I will add
to his entire freedom for all narrow pride of opinion.
Mr. SHANNON--When I arose in my place the other day for the purpose
of calling the Speaker's attention to this subject, I certainly did
it with no ill personal feeling, nor any other motive, except that,
as I then stated, I believed the Speaker had committed unthinkingly
a parliamentary error. I called the attention of the Chair to it in
order that he might in the future avoid that error. I was of the
opinion, and I still entertain that opinion, that it is contrary to
parliamentary custom to appoint a Committee wholly for the enemies of
the measure, and the Speaker had appointed on the Committee three
gentlemen who had spoken and voted against the proposition adopted by
the House, and were therefore enemies of the measure. I called
attention to the fact simply to warn the Chair against such erroneous
action in the future, for I thought that a measure was entitled to have
the consideration of one friend at least.
The Speaker--In reply I will only say that it may be possible that
the gentleman from Plumas has confounded the rule with the American
practice of making up the Standing Committees of legislative bodies,
to be composed of the different parties represented in legislative
bodies. He may possibly have confounded, as I did, that rule or
practice with that other very different practice, touching the
appointment of a Committee to consider a special measure. The origin
and philosophy of this thing in the British Parliament was simply
this--that there the Committee appointed to consider a particular
measure was not only composed of the friends, but of the most ardent
and ablest advocates of the measure. Though the rule may have come down
to us from the British Parliament with some slight modifications, as I
think it has with certainly some modifications, still I think it is
found to be very different from the American practice of ours, which
is too well settled to be disturbed, and which gentlemen will bear
witness that I have not undertaken to disturb, I mean in the
appointment of the Standing Committees so as to represent the
different parties represented in the legislative body.
. . .at five minutes before twelve o'clock the House adjourned.
THE LEGISLATURE.--The model, comfort-seeking, money-spending Legislature,
after virtually resolving themselves into a body of excursionists at the
people's expense, have brought up in San Francisco, and are now enjoying
the pleasures and hospitalities of the Bay City. Nearly a month has
elapsed since the organization at Sacramento, and nothing worthy of
notice has been accomplished, beneficial to the people at large. For this
we can see no reasonable excuse, as there was no impediment to a speedy
organization and immediate attention to the legitimate business of the
session. But, instead of proceeding with the celerity and promptness
which the interests of the community and the condition of the treasury
demanded, they sacrificed all to their own selfish demands for comfort,
disregarded expense, delayed necessary legislation, and entailed upon
the people a long, and from present indications, profitless session--if
not an illegal one. Although the adjournment is accomplished and its
results for good or evil are yet to be known, we cannot refrain from
classing it as an act of gross injustice, unnecessary in fact, selfish
in purpose, accomplished without adequate reasons, and subversive of
the interests and wishes of the people of the State. Butte Record.
THE LEGISLATURE.
In the Senate, on Saturday, . . . A bill to prevent cattle from
trespassing on private property was introduced, and referred to the
Agriculture Committee. On leave, without notice, Crane introduced a
bill concerning chattel mortgages, the design of which is to enable
farmers to mortgage crops sown or to be sown on their lands, and
extending the lien through all stages of harvesting, transportation,
storage and sale, until the mortgage is paid. This bill, if it becomes
a law, will enable hundreds of farmers who have been overwhelmed by
the flood to obtain credit to enable them to raise a crop, who otherwise
would have no means. Its intention is to give to the person advancing
the means to raise a crop an absolute lien, over and beyond all other
claims, upon the crop raised--another effect will be to relieve the
farming community from the disastrous and unjust working of the attachment
law, as under this Act, every farmer can if he chooses, place his crop
entirely beyond such process. The bill was referred to the Judiciary
Committee. The Senate adjourned at quarter past one o'clock.
In the Assembly, the report of a majority of the Committee on Conference
on the bill to remove certain State offices to San Francisco was rejected
by a vote of 32 to 25. Hoag offered a resolution requesting occupants of
inundated lands to make such marks as will indicate the high water line
of 1862, for surveying purposes hereafter, which was referred to the
Committee on Swamp and Overflowed Lands. The murdered Removal Bill was
brought before the House again, toward the close of the session, under
the order of business of messages from the Senate. A motion to table it
was lost. A motion was made to make it the special order for Tuesday.
Shannon rose to a point of order, that the bill was dead, unless the
Assembly should reconsider the vote by which the report was rejected.
Avery, one of Barstow's friends, thought the point of order well taken,
whereupon the Speaker thought so too, for a moment, but after that wanted
further light. Then followed sundry speeches upon the subject, and the
motion to make it the special order was withdrawn. It was left to be
disposed of by or after the final vote upon a motion to reconsider the
vote rejecting the report of the Conference Committee.
A HIGH LEVEE.--We said it had been computed that a levee one hundred feet
high on each side of the Sacramento would be required to carry all the
water to the sea. We did not make the computation, but took the estimate
of another. The UNION calls the statement "nonsense." For the benefit of
those who desire to make the calculation for themselves, we will state
what we suppose the UNION will not deny, that the water ran with a strong
current over an extent of country not less than .fifteen miles wide and
to the depth of four feet on an average.--Nevada Transcript.
We do deny any such allegation. Instead of the water running with a
strong current over such an extent of country, it is nearly an inert
mass of water, except in the sloughs and creeks. This statement of
the Transcript is about as ridiculous as the one first made by it. . . .
MAN DROWNED IN THE MIDDLE YUBA.--Wednesday, January 29th, Thomas Williams,
of the Miners' Exchange, North San Juan, while endeavoring to cross the
Yuba, just above that town, fell into the current and was lost. . . .
STILL STANDING.--The San Lorenzo paper mill, near Santa Cruz, reported
swept away by the flood, is still standing. A portion of the flume and
the dam were swept away, but the mill, building and machinery are unhurt.
COLD WEATHER.--At twelve o'clock last Monday night, at Skillman's Mill,
some fifteen miles above Nevada, the thermometer was down to with one
degree of zero. . . .
NOT AWARE OF IT.--The Nevada Transcript, in endeavoring to excuse
itself for giving currency to a statement that water was running over
the floors of the Senate and Assembly chambers, says it had the
intelligence from another paper. If this was the case, the intelligence
was no less false. It adds:
Yet the UNION, knowing we were in Sacramento at the time the extra was
published, would seem to like amazingly to convey the impression that we
are responsible for it.
The Transcript will please excuse us. We were not aware that so important
a personage as the editor of the Transcript was in our city. If we had
been, we should not probably have chronicled the fact, as it is not our
custom to do such things even in the case of still greater celebrities
than the aforesaid editor, provided any such exist. . . .
SACRAMENTO AND THE LEVEE QUESTION.--The San Francisco L'Union Franco
Americaine," [unmatched quote mark] of Monday, Jan. 27th, contains a
novel article upon the subject of Sacramento and its defenses, embracing
a project for the construction of a combined levee, promenade and rampart.
In introducing his scheme, the writer says : "It does not belong to us to
decide whether the city of Sacramento ought to be the Capital of the State;
but if we were consulted upon that point, we should answer in the
affirmative. The misfortunes which have befallen the inhabitants, and
the losses to which they, and persons elsewhere who have investments in
that city, have been subjected, demand that we shall afford Sacramento
a chance to revive." For the city itself, the writer proposes an inclosure
designed to serve, at the same time, as a protection against the invasion
of the water, a defense against a hostile army, a promenade and a drive.
The general idea of the plan is taken from the fortifications of Paris,
upon which the writer says he was employed. He proposes to make the
rampart--an earthwork, of course--at least three feet higher than the
highest water of 1862. On this rampart would be a promenade, sodded and
planted with trees, forming a pleasant shade. The following is a
tolerably fair hit at our too delicate legislators: "The promenade can,
in case of war, be mounted with cannon, so that if the Legislature should
be besieged in the city they might continue their deliberations without
fear of molestation." For the execution of the work, the writer proposes
to employ those able bodied men who have suffered by the flood and who
have need of work, under the direction of a Committee of Engineers and
other competent men named by the Legislature, who the writer thinks should
authorize the construction of a work at once useful and ornamental to the
Capital of the State. With such labor, it is contended, the city itself
could be handsomely and securely inclosed, at a cost of about one hundred
and seventy thousand dollars.
NAPA--On Tuesday morning, January 28th, a branch of the Napa river, which
has been running a current of five miles an hour, froze over so that cattle
crossed on the ice.
SNOW.--Snow fell at Petaluma on Tuesday night, January 28th, to the depth
of from one and a half to two inches. . . .
WHAT SHOULD THE LEGISLATURE DO?
EDITORS UNION: Allow me through your valuable paper to make a few
suggestions on the above subject. We have been visited with a most
devastating flood. It has ruined thousands, and swept away the fences
of the most valuable farming region in the State. Many of the farmers
owning these lands, having lost their all, will be utterly unable to
replace their fences; and many who are able will find it impossible to
do so in time to make a crop. Therefore, unless we would add the calamity
of a famine to that of a flood; let the Legislature at once pass a law
compelling all persons owning stock of any kind to herd the same on their
own or on public unoccupied lands, and let the punishment for a violation
of said law be summary. Unless this is done it will be impossible for
this State to raise a sufficient supply for its own consumption. This
law should be general, and not special. An abundance of provisions can
be raised in the mountain counties, but unless protection is extended
to them very little will be raised. Apply this law to the valley counties
alone and what will be the consequence? People owning stock in the
valleys will drive it to the mountains, and there suffer it to run at
large, to the great detriment of those who are trying to raise something.
I live in the lower or western part of El Dorado, and it is a notorious
fact that the people of Sacramento, where the hog law is in operation,
drive their hogs into El Dorado, and hire people to keep them on shares.
A hog is as great a nuisance in El Dorado as he is in Sacramento, and we
have petitioned our legislators to protect us against this imposition,
but they have not yet done so. It is to be hoped they will now act in
this matter. It is as difficult for those living in the western part
of El Dorado to make a hog fence as it is for the people of Sacramento.
I say, therefore, let this stock law be general in its application. It
appears to me that everything has been done in this State for the miner,
and little or nothing for the farmer--that the farming interest has been
held subordinate to that of the mining. Now let something be done for
the farmer. Protect him against the encroachments of the miner and stock
raiser. He is the sheet anchor of the State; he will remain with you and
uphold and support the State Government. The miner and stock raiser will
take wings and fly away. As soon as Spring opens the great body of the
mining population will make a stampede for Cariboo, Nez Perces and Salmon
river. Who then will be left to support the State? The farmer. Give him
then that protection which he needs, but has never yet received at the
hands of our Legislature.
A FARMER
DISASTER AT SANTA BARBARA.--Friday night, January 17th, a terrific
avalanche occurred at Curtis' Sulphur Springs, four miles behind Santa
Barbara, in the mountains. Three persons, who were sleeping in a tent
near the spring, were awakened by the falling of some trees, and in
their fright made desperate attempts to escape. They burst through the
canvas, the first man jumping into the flood breast deep. The second
and third followed suit, but were carried over a quarter of a mile by
the flood. Henry Miller, one of the latter, was found dead a few days
after, rocks of over a ton weight having passed over him, fracturing
his skull and mangling his body terribly. When found a rock of enormous
size was resting on one of his legs, and before the body could be moved
amputation was necessitated. Crawford, one of the three, was picked up
terribly bruised and maimed, but will recover. The third man, Mac by
name, escaped unhurt. The flood was so heavy that it was Sunday before
the neighbors could reach the scene of disaster. .Acres and acres of
land, rock and timber were carried off by the flood, opening an entirely
new branch of the mineral springs. The whole surrounding country suffered
terribly from the floods.--San Francisco Alta. . . .
p. 3
CITY INTELLIGENCE.
MITCHVILLE.--This is the name of a new town located on the American river,
about five miles from its mouth, and about a quarter of a mile above the
point at which Hoboken was situated in 1852. The town is named in honor
of McMitchell, one of the freight agents of the Steam Navigation Company,
and consists of a frame steamboat office, two whisky shops, and an
additional one for the storage of freight. It is to this point that
the steamer Sam Soule now makes trips, twice a day, carrying a large
amount of freight, which is taken by teams to the Sacramento Valley
Railroad, and thence distributed throughout the mining region supplied
from this portion of the State. The town presents a primitive appearance,
and the indications are that it will not, for a few years at least,
outrival Sacramento, to which it owes its origin. The artistic portion
of the town consists of two signs, on one of which is inscribed,
"Steamboat Office. N B.--No boarders taken here," and on the other the
name of the town, "Mitchville." On the latter are two not very elaborate
paintings, one of them representing two distressed looking gentlemen
partaking of foaming lager, and another depicting an entirely naked
hombre, whose appearance would excite sympathy from the most obdurate
of our species. The latter picture is supposed to be, in a measure,
indicative of the accommodations afforded by the newly created city.
We have no doubt, however, that the town will answer the temporary
purposes for which it was called into being, and trust that it will
prove profitable to all connected with it.
THE CREVASSE AT RABEL'S.--The waters of the American river are still
flowing into the city through the crevasse at Rebel's tannery,
although the river is nearly or quite down to the natural banks.
For a distance of perhaps eight hundred feet the current flows through,
the depth a short distance from the levee varying from one to two feet.
At some spots near the edge of the river deeper channels have been worn,
but they do not appear to extend any great distance from the levee.
An extensive sand bar is unfortunately forming on the north side of the
river below the crevasse, which runs out toward the southern bank at such
an angle as to tend to force the current into its new channel through
the city. This bar extends about half way across the river. Above the
crevasse and immediately in front of Rabel's premises, large deposits
of sand have collected. At the exact point in front of the tannery,
where the current was the most violent when the Rightmire bulkhead was
carried off, Rabel has recently planted a row of grape vines, on soil
deposited within the last two months. The channel has changed to the
west some eight hundred feet within two years. The entire north bank
of the river has been leveed up with a ridge of sand. We are informed
by T. K. Stewart that the sloughs among the willows on the north side
of the river have all been filled up during the past two months.
THE TRUE BOUNDARY.--In a communication from "An Engineer," with
reference to the boundaries of Swamp Land District No. 2, received
on Saturday, he says: "In speaking of the action of the Board of
Swamp Land Commissioners you say, in this morning's paper, 'Since
the late floods the Commissioners have extended the District to
the American river.' This is an inadvertence, snd is calculated
to injure a good cause. The Board have not extended the district.
The original boundary was the American river, on the north, and that
has never been altered (nor can it be), because it is the natural
boundary. But when the engineer made his survey, taking it for granted
the Sacramento levee was sufficient to guard the upper end of District
No. 2, he very properly began his work below it, and made his returns
accordingly. All the Board has done is to say to the engineer 'Go on
and finish the survey as originally contemplated.' This statement
should therefore be made, because the law contemplates that Nature
makes the districts, and the Board can neither enlarge nor diminish
them. Believing as I do, that the salvation of our city depends on
a permanent reclamation of District No. 2, I am anxious that it may
not even appear that it was an afterthought that brought the city
within the district."
POLICE COURT.--ln the case of Lawson and Langtree, previously tried on
a charge of the larceny of a boat belonging to J. A. Crocker, I. S. Brown,
the counsel for defense, on Saturday made a motion in arrest of judgment
and for a new trial. In support of the motion the counsel contended that
the complaint was defective and not in accordance with the requirements
of the law. The motion was granted and also a subsequent motion to dismiss
the defendants, the boat being awarded to J. A. Crocker. In the case of
Dorsey, Morgan and Rodifer, charged with stealing powder, J. C. Goods,
for the defense, moved for the discharge of the defendants on the ground
that the testimony was insufficient to hold them. After argument of the
motion by counsel, Judge Gilmer stated that he deemed the evidence before
him insufficient to hold the defendants, and he would therefore discharge
them. If there should be other evidence found there was nothing to prevent
the Grand Jnry from a further examination of the case. . . .
CORONER'S INQUEST.--Coroner Reeves held an inquest yesterday forenoon
over the body of an unknown Chinaman, found afloat in the American
river. The jury was composed of H. V. Curry, James Williams,
E. S. Curry, L. Traum, Henry Schwegar, and James Bradley. The only
witness examined was H. Koppikus, who testified that he found the body
floating in the water above English's ranch, about two o'clock P. M.
on Friday. The body was in a nude state, It was about five feet eight
inches in hight. There were some marks and bruises about the face and
head, which might have been caused by drift wood. The body appeared to
be that of a Chinaman. It had been in the water several weeks. The jury
returned a verdict to the effect that the deceased was a Chinaman whose
name, age and cause and time of death were unknown to the jury.
The body was interred by the Coroner on English's ranch.
REMOVAL OF THE GEM.--The agents of the Steam Navigation Company have
made arrangements with Edward Fell for the removal of the steamer Gem
from her present position, which is on Hopping's, and not Denn's land,
near Rebel's tannery, to the waters of the American river. The work will
be accomplished by means of Fell's hydraulic house raising apparatus.
The distance from the steamer to the river is about four hundred yards,
or a quarter of a mile. The steamer Governor Dana, on her return from
Marysville yesterday, towed up to the tannery a barge containing Fell's
apparatus. He had expected to commence work this morning and complete the
job in seven or eight days. As a lively rain set in last evening, it is
possible that the work may be impeded thereby. The Gem lay yesterday
almost entirely out of water, and in favorable condition for the work
of removal.
SUPPOSED TO BE DROWNED.--Two men, named William Becker and C. H. Gardiner,
in the employ of a man named Richard Fuller, in Placer county, came to
this city several days ago for provisions. On Wednesday, at one o'clock,
P. M., they left Fourth and I streets in a boat owned and rowed by
W. Ladbrook. The boat contained fifteen hundred pounds of provisions,
which were to be taken to Pitcher's, north of Lisle's Bridge, from which
point men and goods were to go by land to Fuller's place, on Auburn
Ravine, twenty-one miles from Sacramento. The boatman was expected to
return to the city on Wednesday evening. The boat containing the three
men is said to have been seen nearly swamped, under a strong gale of
wind, on Wednesday, on the way up, but neither of the men have been
heard from since. It is supposed that their boat filled and sunk,
and that they were drowned. . . .
DROWNED.--A man named Edward Gillan was drowned in the Sacramento
river, near the foot of J street, at about nine o'clock, on Friday
evening. He had been employed as a deck hand on board the steamer
Sam Soule, and fell accidentally from a barge moored alongside the
steamer. J. Baldwin, mate of the steamer, at once landed a boat and
used all exertion within his power to save him, but on account of the
prevailing darkness and the force of the current he was unable to
save him. The body has not been recovered. . . .
SERIOUS ACCIDENT.--At about sunset last evening, a man named Kelly,
while getting out of a boat at the north levee, near Ninth street,
accidentally discharged his gun. The contents entered the left arm
between the wrist and elbow, inflicting a serious wound.
MORE RAIN.--At dusk last evening a rain set in which continued
throughout the evening at a rate which will doubtless cause the
water in and around the city to rise again, though not so high,
it is to be hoped, as to again flood the city. . . .
LARGE BAR.--A large sand bar has been formed by the late flood on
the north side of the American river, opposite Seventh street, the
tendency of which is to force the channel toward the southern bank. . . .
NORTH SAN JUAN.--The Press of February 1st has the following
intelligence: . . .
Prices of a few of the leading articles may be set down as follows:
Flour, per hnndred pounds, $14; potatoes, per pound, 7 cents; butter,
per pound, 62-1/4 cents; sugar, crushed, per pound, 25 cents; candles,
per pound, from 37 to 50 cents; coffee, per pound, from 35 to 50 cents;
camphene (scarce), $3 per gallon; wood, per cord, from $3 to $5. . . .
Between Wednesday morning and Thursday morning, snow fell to the depth
of about fourteen inches.
HEAVY LOSS OF STOCK.--Hersperger, who lives on the Sacramento river,
in Sutter county, has experienced very severe losses in stock on account
of the late freshet. He had six thousand head of sheep and four hundred
head of cattle on his ranch, and the sudden rise of the waters made it
impossible for him to remove them. He has consequently been compelled
to keep them all on about two hundred acres of land, that being all
the dry land in his neighborhood. He has fed all the hay and grain
he had or could purchase, and as a last resort has been obliged to
charter the steamer Visalia, with barges, to transport them to this
place, where he can get access to the hill lands. Over one hundred
head of his cattle have already died from cold and want of fodder,
and the loss of sheep will be still greater in proportion.
--Knight's Landing News.
KNIGHT'S LANDING.--The News says:
It has been reported around the country that Knight's Landing was under
water and no dry land in town. The statement is entirely without
foundation. No water is, or has been, in our town this season, except
what rained in it; and we not only have plenty of dry land, but a good
dry road to the interior, where traveling has been going on all the
season.
OPPOSED THE REMOVAL.--Our Senator, Doll, and our Assemblyman, Thompson,
as well as the senator and Representative from Shasta voted steadily
and persistently against the temporary removal of the Legislature
from Sacramento to San Francisco, and their acts will receive the
approbation of their constituents.--Red Bluff Beacon.
LETTER FROM SAN FRANCISCO.
[FROM OUR SPECIAL CORRESPONDENT.]
SAN FRANCISCO, Feb. 1, 1862.
There was a great clamor for the SACRAMENTO UNION in the Senate yesterday.
Crane said he must have it earlier in the day. He had been compelled to
wait for it until near the time for the meeting of the Senate, and he
wanted the Postoffice affairs of the Senate so regulated that he could
have it on the night of its arrival. He expressed the opinion, that
the UNION was a good newspaper, and the Senators generally concurred.
Soule said he supposed Crane wanted the UNION because it abused him for
voting to adjourn the Legislature to San Francisco. To this the latter
replied that he was always in favor of free discussion. Dr. Hill said
he had not had his UNION since the removal, and wanted the fact
remembered. [No order was received from the Sergeant-at-Arms for the
UNION for Senator Hill until yesterday (Sunday) morning. The papers
ordered for members of the Legislature have been properly addressed
to members and regalarly dispatched to San Francisco, to the care of
the Sergeants-at-Arms of the Senate and Assembly.--EDS. UNION.] Watt,
of Nevada, said there would necessarily be some such little
irregularities until the Republicans got used to being in oflice.
In the Assembly yesterday morning, the Speaker opened the session by
a long speech in defense of his appointment of the Conference Committee
on the Removal Bill. He quoted from Cushing's Manual to show that a
bill is never to be referred to its enemies--i.e., those opposed to
the body of the bill and sought, under that rule, to defend his action
in appointine [sic]
none but enemies of the bill substituted by the Assembly
for the Senate bill, upon a Committee of Conference to whom both bills
were to be referred for compromise. Dogberry could not have mixed
matters up more thoroughly. Mr. Speaker Barstow says, in effect,
"The parliamentary law doth enjoin me to put no measure into the hands
of an avowed enemy; wherefore I must perforce send it to a Committee in
which it hath no friend." He evidently lost sight of the fact that there
was an Assembly substitute, and selected friends of the Senate bill as
though it was the only thing to be considered by the Conference Committee.
"None so blind as those who will not see." The authority read by him had
nothing to do with the question (further than that it gives a reason for
a rule, which reason is applicable as well to Conference Committees as
to Committees of one house) for the Manual from which he read has not
a word in regard to Committees of Conference. It is to be regretted that
no member has yet exhibited the knowledge of parliamentary usage, and
the tenacity of purpose which is necessary to the protection of the
House from the consequences of the incapacity of the presiding officer.
The Senate confirmed the report of the Conference Committee yesterday,
recommending the removal to San Francisco of nearly all the State
officers, although the Committee were not unanimous. This was a breach
of general usage, as Merritt admitted in moving the confirmation. If
the Committee on Conference is not unanimous, the effect is, as stated
by him, to kill the measure concerning which no compromise can be
effected. To-day the Assembly had the matter under consideration.
Kendall, of Tuolumne, made the point of order that a Committee of
Conference can only be allowed to report that they have or have not
agreed, and that the report must be unanimous. The Speaker declared
the point of order not well taken. The report having been read,
Shannon raised the point of order again, and was overruled. From the
decision of the Chair he appealed, when the Speaker informed him that
no such appeal conld then be taken. This decision was appealed from,
but the Speaker ruled the appeal out of order. The Speaker having
stated the question to be upon the adoption of the report, Shannon
made the point of order that the report could not be adopted because
made by a portion only of the Committee. The Chair ruled the point of
order not well taken. This decision was appealed from, and the Speaker
subsided for a moment. Shannon then spoke against the Speaker's ruling
a few seconds, when the two became involved in a discussion as to what
the point of order was. A long time was occupied in a general talk upon
the subject, the Speaker replying at length to most of those members
opposed to him on the removal question. Kendall, of Tuolumne, amidst
frequent interruptions by the Chair, read the joint rule requiring
Conference Committees, when unable to agree, to merely report that
fact. Ferguson, of Sacramento, made a very good argument in favor of
the position of Shannon. The Speaker replied in a vehement manner, from
his desk, saying that Ferguson did not understand what he had read from
Jefferson's Manual. The conduct of the Speaker throughout was
characterized by the same dogged obstinacy that has been exhibited by
him before, and of which we have made previous mention. Whoever opposed
his wishes was declared out of order. Several appeals were taken, but
he utterly refused to put any question of appeal to the House. Even the
appeal of Shannon, from the decision that the motion to adopt was in
order, was never put to a vote. The previous question upon this appeal
was obstinately and stupidly ruled to extend back to the report, but
was not in terms ruled to exclude the question of appeal; yet the
Speaker refused to allow a vote of the House to be taken upon what he
admitted to be a question properly before the House, viz: the appeal
taken by Shannon. Among other outrages committed, the Speaker ruled
that while the previous question was pending, the rule required him
to decide, not only all points of order but even an appeal which had
been taken by Mr. O'Brien, arbitrarily, without referring the question
to the House. He did so decide against an appeal taken by that
gentleman, from a decision made. That is to say, an appeal from the
Speaker's decision is, in certain cases, to be made to the Speaker
himself! But after all the efforts of the Speaker to carry his
point, without regard to the rights of members, the rules of public
bodies, or the common courtesy which should prevail in such places,
the motion to adopt the irregular report in favor of removal, was
defeated by a vote of thirty-two to twenty-five. A member changed his
vote to the negative and gave notice of a motion to reconsider. This
fruitless struggle of the Speaker against the House lasted about an
hour and a half.
As a specimen of the enlightened and amiable manner in which the Speaker
discharges the duties of his office, the fact may be mentioned that
there is at least one member of the House that has not been honored
by him by an appointment upon any Committee--either Standing or
Select--although he is the only member from a certain agricultural
connty.
In speaking upon a resolution offered by Hoag, of Yolo, requesting
occupants of inundated lands to make such marks upon trees as will
indicate the high water-line of 1862, Maclay, of Santa Clara, said
there were marks now eight or ten feet higher than the. floods of
the present year, and that those marks were "monuments of the folly
of trying to live upon the banks of the Sacramento and American
rivers," The excited individual was not kind enough to inform the
House where people could safely live within the limits of the State.
It is impossible definitely to fathom the motives which prompted
the introduction of the bill of Soule, of San Francisco, to suspend
all further work on the new Capitol until the next session, but it
looks like an opening wedge for an agitation of the question of
permanent removal. Hathaway's bill to extend the time for laying
the foundations of the building is undoubtedly offered in good faith
to relieve the contractor from any penalty for a failure to complete
his work within contract time, so far as the delay has been occasioned
by the freshets.
FROM MARIPOSA.--A correspondent of the Stockton Argus, writing
from Hornitas Jan. 30th, says:
I send you a few items relative to the flood and its effects in Tulare
county. From the 25th of December to January 25th, one month, nothing
was heard of either Millerton or Visalia. The memory of the oldest
inhabitants is "played out." That period designated "time whereof
the memory of man runneth not to the contrary," will begin again,
and date from January, 1862. Winslow, or Long Tom, as he is familiarly
called, arrived at Hornitas last Sunday, having, walked forty miles
to Mariposa creek, packing the mail sack the whole distance. He crossed
one stream in the novel craft known as a sluice box, and paddled over
another in a watering trough. From him we learn that the water at
Millerton was eight feet in the streets. The house and stable of
Wm. Hice, proprietor of the Visalia stage line, was swept away;
damage, so he says, $1,000. Grierson's storehouse was also carried
off; loss about the same as Hice. Goods in the store of Hughes
were damaged to the extent of $1,500. In Visalia the loss was much
greater. A man arrived at Princeton last night, who reports that
twenty six brick houses, including the Court House and jail, have
either been washed away or caved in. The Delta office was
but little injured. These last items I gleaned from Holmes, of the
Mariposa Gazette. The stage of water in the streets of this
town stood at the moderately low point of four feet. Smith's Ferry,
on King's river, is gone--and as Winslow remarks, "the whole country
is slum gullioned from Visalia to Mariposa creek."
MORE MUTTON.--Some two or three hundred sheep arrived in San Francisco
lately by the steamer Senator, it being impossible to drive them overland.
LATER FROM THE NORTH.
By the arrival of the Brother Jonathan at San Francisco we have dates
from Portland to January 15th:
No intelligence had been received from the Dalles or Cascades for a fortnight,
owing to the heavy rains. In Portland they were enjoying excellent sleighing. . . .
FLOOD AT UMPQUA.--A letter from Fort Umpqua, December 12th, says:
We have had the greatest freshet in the Umpqua river ever known.
As our mails have been entirely cut off, we do not know here how great
the damage is above a point about twelve miles beyond the town of
Scottsburg; but if floating houses, barns, rails, and produce of
every description are any indication; the entire conntry has been
devastated by the element. The water has been from ten to fifteen
feet higher, at Scottsburgh than the freshet of 1853, which was then
higher than ever before in the memory of the oldest Indians. As far
as we can learn, the farmers above Scottburgh have absolutely nothing
left. By the register kept at the hospital at Fort Umpqua there had been,
up to the 3d of December, twenty-five inches of continued rain; since
that period it has been augmented to over thirty inches. The river
rose rapidly from the 30th November to the 3d December, then subsided
for a day or two, and then rose again until the 9th of December.
December 14th.--The river is now falling, and has been for two days.
We still have no mail. The bridges and ferries are all gone.
Lord & Peters' store, at Scottsburgh, with many of the houses at
Upper Town, are gone. The new warehouse of Maury and Kruse, at
Lower Town, was swept (with all of the merchandise stored therein)
about twenty miles down the river, and, strange to relate, landed
"right side up with care," just below the wharf at Gardiner. Nearly
all of the contents are undamaged. Allan & MoKinlay's wharf and
store room, at Lower Town, are swept away.
LEVEE.--Eugene City, Oregon, is to be protected from future floods
by a levee.
The loss by the flood has been immense all along the river and valley
lands, but comparatively little loss of life. The damages to Oregon
City alone are estimated at $154,700.
SALMON RIVER MINES.--The Oregon State Republican, published
at Eugene City, says:
The news from the northern mines continues to be exciting. So many are
going from this portion of the valley that we fear there will hardly
be men left to supply the bread of life, and just now there is great
need of laborers to repair the damages occasioned by the high waters.
Sagacious tradesmen are predicting high prices for grain, corresponding
with the late elevation of the aqueous fluid.
THE SECRET OF REMOVAL.--The Republicans, in opposition, we believe, to
the wishes of four-fifths of the voters of California, have removed
the Legislature from Saoramento to San Francisco. They must have had
a potent reason for taking such an unpopular course--a course at once
uncalled for, unnecessary and expensive. What induced Governor Stanford,
whose sympathies were supposed to be with, and interest in, Sacramento,
to favor a removal? Certainly not the paltry inconvenience of the flood.
Before the question of removal was agitated, an up-country paper hinted
that an effort would be made to remove the Legislature to San Francisco
for the purpose of electing a Republican United States Senator in place
of M. S. Latham. It was a significant hint, but attracted little
attention at the time, probably because no one supposed the Republicans
would be guilty of such an outrage. The people of Sacramento felt no
apprehensions, because the Governor and Secretary of State were residents
of Sacramento, and presumed to be interested in her welfare. Singularly
enough, and to the astonishment of those not in the secret, they both
favored the removal. Other leading Republicans strongly urged it. Why?
Did the interest of the State demand it? Was it difficult to transact
the public business at Saoramento? Was it an economical. move? No. Here
is the secret of it. The Pacific Echo says:
Senatorial.--It is said, and an attempt will probably be made by
the Republicans to bring on the election of Senator a year in advance of
the regular time, and that Governor Sanford is figuring and itching for
the position. Latham has another year to serve, and the proper time to
elect his successor will be 1863. To bring on an election now will
require a deal of trafficking, swapping and trading, and perhaps money,
besides prolonging the session, which, on account of the State finances,
should be cut short.
Reader, the above is no joke, much as it may appear like it; it is a
serious fact! Governor Stanford aspires to fill Latham's place. Good
luck has upset his reason. San Francisco is the stronghold of
Republicanism. Wealthy Republicans and an army of Federal officials,
with patronage and funds at their disposal, reside there, and they will
use both freely to assist Stanford in his Senatorial aspirations. Easy
and lucrative positions in the Custom House, Mint, Post Office, Land
Office, etc., will be offered to members to influence them to vote for
Stanford. Stanford knew that his prospect of success would be greater
in San Francisco than Sacramento--leading Republicans were conscious of
the same fact, and, therefore, disregarding the wishes of the people,
and indifferent and reckless of expense, they removed the Legislature
to San Francisco. Not satisfied merely with the removal of the
Legislature, they have introduced a bill for the removal of the State
officers; and Governor Stanford, without waiting for the bill to pass,
and probably more openly to signify his wishes to his friends, has
already selected rooms for himself in the building rented by the
Legislature in San Francisco. With the city, State and Federal
patronage at his disposal, he may see his Senatorial aspirations
gratified. Let the people remember these facts, and mark the party
that squanders the money of the State for personal and political
ends.--Mountain Democrat.
THE FUTURE OF SACRAMENTO.--Many people suppose that because Sacramento
has again been flooded out, and to a greater extent than ever before,
that her citizens will get discouraged and despair of ever making that
city again the place of importance it was prior to those disasters.
To all such we would say, don't be too hasty at jumping at conclusions.
Now everything looks dark; disorder and confusion reigns everywhere, in
all parts of the State, as well as Sacramento; no locality has escaped
entirely--but Sacramento has undoubtedly experienced more than her share.
But let us have, as we very shortly will have, a good spell of dry
weather, and you will see everything change; cheerful countenances will
take the place of desponding ones, and every one will be hurrying about
to repair the damage they have sustained. This weather cannot last
always; and when the change does come Sacramento, true to her
proclivities, will rise again as of old. She must, in the nature of
things, always be a great point. If every man, woman and child who now
own property in that city were to abandon it, yet her natural position
is such that others would immediately come in and take their places
and do the business which must of necessity be done there. But her
citizens know too well their interests, and their will and energy is
too strong, to give up with trifles; and whoever visits that city next
Summer, after the waters have subsided, and then see the business and
confidence of her people, will scarcely believe that their condition
was as bad as it really appeared during her worst afflictions. We took
the ground, in a former number, that these overflows would prove in the
end a benefit to that city; and we firmly believe they will. Sacramento
can and will be put beyond the reach of another similar occurrence to
this. The wealth and all the material is there to do it; and next season
we will see a series of works progressing that the most skeptical need
fear no future calamity like the present. Therefore, we say don't fear
for Sacramento. We of the Sacramento valley can't do without her. She is
our market both to buy and sell in, to a great extent, and we naturally
feel an interest in her welfare. But rest assured these clouds will
soon blow over, and we will have the city, as of old, full of life,
the center of business--and, at the same time, the Capital of the
State.--Knight's Landing News.
ANAHEIM NOT DESTROYED.--San Francisco Alta of January 31st, says:
A gentleman who arrived by the late steamer direct from Anaheim, states
that the reports about the destruction of that place by the flood are
untrue. A couple of houses were injured, but no serious damage was done
to the town or the vineyards. The town is situated in the center of an
immense plain, on land as high as any in its vicinity, and is only ten
miles from the sea, to which there is an easy outlet many miles wide.
It is possible, though; not at all probable, that the town may have been
overflowed, but it is scarcely possible that much damage could be done;
for the water could not have current enough to wash away the soil or bring
much sand to the place, nor could it stand long enough to deposit other
sediment.
SNOW IN THE INTERIOR.--From our interior exchanges we learn that there
is snow on the foot hills generally; varying from two inches to a foot.
A heavy warm rain will precipitate it on the valleys so as to produce
a flood.
Sacramento Daily Union, Volume 22, Number 3386, 4 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION..]
[SENATE]
SATURDAY, February 1st, 1862.
The Senate met at eleven o'clock, the President In the Chair, . . .
BILLS INTRODUCED. The following were introduced and referred as indicated: . . .
By Mr. BANKS--An Act to authorize the State Librarian to have certain
books in the State Library repaired. Read twice and referred to the
Committee on Public Library. . . .
Mr. IRWIN presented the claim of Hosman & McManus for covering Battery
street, between Washington and Jackson, with sawdust, per agreement
with the Sergeant-at-Arms, amounting to $325. It was referred to the
Committee on Contingent Expenses. . . .
TRESPASSES.
The PRESIDENT introduced a bill to amend an Act to prevent
the trespassing of animals upon private property, approved March 31,
1853. [Adding the proviso, "on inclosed ground."] Also, an Act for the
punishment to prevent trespasses, which were referred to the Judiciary
Committee.
CLAIMS.
Mr. IRWIN, from the Committee on Contingent Expenses, reported a
long list of claims. He said, in relation to boat hire at Sacramento,
that the expenses were very large, but uuder the resolution authorizing
the Sergeant-at-Arms to hire boats, the Committee felt in duty bound
to allow these claims. . . .
Mr. BANKS said there was nothing to prevent the Committee from auditing
the claims for boat hire; he did not see the force of the gentleman's
remarks. He understood him to say that such a resolution having been
adopted, they must pay all that the boatmen asked. If they were
extortionate, he believed there was nothing in the resolution to prevent
the Committee from auditing the claims at a fair amount.
Mr. NIXON said he han [sic] been called in before the Committee on
Claims to give testimony in regard to boat hire. In his opiuion it
was about three times as much as it should have been. Even then it
would have remained a high price. But they had authorized the
Sergeant-at-Arms by resolution, and could not well repudiate the
contracts he had made. It amounted, be thought, to a contract:
Mr. IRWIN said they were informed by the Sergeant-at-Arms himself,
that he had called upon a great many boatmen in Sacramento, and many
asked as much as $50 a day, while $20 and $30 were the lowest prices
per day he could possibly get boats for. The accounts were very large,
Mr. Irwin admitted, but as a consequence of the resolution, must be
paid. It had cost the Senate much less than the Assembly. In the Senate
it amounted to $475; and in the Assembly to $1,400. The Sergeant-at-Arms
had said it was the best contract he could make, and that he had made
positive contracts.
The PRESIDENT read one man's bill of three days, at $30 per day, making
$90, and another's of five days, at $34 a day, making $170. Mr. Gallagher
inquired whether these items could not be cut down to something reasonable.
Mr. Irwin read the resolution:
Resolved, That the Sergeant-at-Arms be and is hereby empowered and
instructed to procure one or more boats, and to have the same in readiness
for the transportation of the members and attaches of this Senate through
the city of Sacramento during the prevalence of the present flood, prices
to be agreed upon before services are rendered.
Mr. GALLAGHER said if the Sergeant-at-Arms agreed to pay this money,
he had no desire to go back on it; but if not, the bills were exorbitant,
and should be cut down.
Mr. POWERS said he knew the the [sic] Sergeant-at-Arms had made special
contracts, and in some cases had paid bills out of his own pocket.
He was confident the contracts were the very best that could be made.
Mr. DOLL was not in favor of going behind the doings of the
Sergeant-at-Arms.
Mr IRWIN said they could not do it if they would.
Mr. WATT said he was only the agent of the Senate, and they were bound
to stand by him. . . .
The report of the Committee was adopted. . . .
CHATTEL MORTGAGES.
Mr. CRANE (on leave) introduced the following bill concerning chattel
mortgages, which was read twice and referred to the Judiciary Committee.
The intention was, he said, to benefit those who had been overwhelmed
and damaged by the flood:
An Act concerning Chattel Mortgages.
Section 1. Any person or persons lawfully possessed of any farming land
in this State, may, for a just indebtedness, make and execute a mortgage
upon all the product then planted, sown or growing, or thereafter,
within the next six months, sown or planted, or raised on such land.
Sec 2. Such mortgage shall set forth and state the amount of indebtedness
and the rate of interest thereon, which the same is intended to secure,
and when payable, and may be either upon crops then planted, or growing,
or standing matured, or: upon crops thereafter, within the next six months,
to be sown or planted, and in either case shall describe the land on
which said crops are, or are intended to be, with reasonable certainty.
Sec. 3. In such mortgage the residence of the mortgagor and mortgagee
shall be stated, and the said mortgagor shall make affidavit that the
mortgage is bona fide, and made without any design to defraud or delay
creditors, which affidavit shall be indorsed upon or attached to said
mortgage, and the mortgagor shall also acknowledge said mortgage before
some officer authorized to take the acknowledgment of deeds and conveyances
in the same manner as conveyances of real estate are required by law
to be acknowledged.
Sec. 4. All mortgages made in pursuance of this Act shall, with the
affidavit and certificate of acknowledgment indorsed or attached, be
filed in the county in which the land therein described is situated,
by the Recorder of said county, in the book or books already provided
and in use for recording chattel mortgages, and he shall index the
same in the same manner as now required by law, and for which said
Recorder shall receive the same fees as now provided
Sec. 5. Such chattel mortgage, when so made, executed and recorded,
shall be and become a valid lien and incumbrance upon the grain or
other crop therein sown, planted or growing, or thereafter within
the next six months to be sown, planted or growing upon the land in
said mortgage described, and such lien shall continue during the
harvesting of the same, and after the same is harvested, and during
the transitu of the same to the warehouse or other place where it
may be stored, or during its transitu to market; provided, however,
that in order to continue said lien upon grain or other produce in the
sack, the mortgagee shall, before such grain is removed from the farm
where the same is threshed and sacked, brand or cause to be branded
or marked upon one side, and nearly the middle of every such sack,
the letter M, which shall be at least two inches long, and in a circle
at least three inches in diameter.
Sec. 6. Any person altering, defacing or obliterating such brand or
mark while such mortgage or any. part thereof remains unpaid, shall
be deemed guilty of a misdemeanor, and on conviction thereof shall
be fined in a sum not leas than $100 or more than $500, and imprisonment
in the county jail for not less than one month nor more than three months.
Sec. 7. The mortgagee shall be fully authorized, without process of law,
to sell the property so mortgaged, and after retaining the principal and
interest due him, freight, commissions and other charges attending such
sale, shall pay the balance, if any, which shall remain, unto the
mortgagor, his heirs or assigns.
Sec. 8. Any mortgage made in pursuance of this Act shall remain and
be in force from and after the time the grain or other, produce covered
by the same shall have been harvested and sacked, and no longer.
Sec. 7. [sic] No property mortgaged in pursuance of this Act shall
be attached at the suit of any creditor of the mortgagor, unless such
creditor shall first pay or tender to such mortgagee the money then
due him on said mortgage, for principal and interest, and for such
other lawful charges for freight, storage or otherwise, as may have
attached thereto.
Sec. 10. When any such attaching creditor shall have redeemed, he may
hold said property, and upon final process and sale thereunder be shall
be entitled to receive: first, all moneys which he has paid to said
mortgagee, with interest thereon from the time of payment, at the rate
of one and a half per cent, per month; and, second, the remainder of
the proceeds, or so much thereof as may be necessary, shall be applied
upon or to the payment of such attaching creditor.
Sec. 11. The amount to be paid to such mortgagee upon redemption by
such attaching creditor shall be ascertained by a statement setting
forth the amount due on the mortgage, to be made out and signed by
said mortgagee or agent knowing the facts, and verified upon oath;
and any person making and verifying a wilfully false statement shall
be deemed guilty of perjury, and, upon conviction, suffer all the
pains and penalties attached thereto.
Sec. 12. All laws and parts of laws or Acts repugnant to the provisions
hereof are hereby repealed, and this Act shall take effect and be in
force from and after its passage.
On motion of Mr. PARKS, the usual number of copies were ordered printed.
At 1:15 P. M. the Senate adjourned.
ASSEMBLY.
SATURDAY, Feb. 1, 1862.
The House met at 11 o'clock. . . .
Leave of absence was granted to Mr. Warwick, who had gone to Sacramento
on business as a member of the State Library Committee. . . .
REMOVAL OF STATE OFFICERS.
Mr. AMES presented a report from a majority of the Committee of Free
Conference, to which was referred the disagreement of the two Houses on
Senate Bill No. 16--An Act fixing the temporary residence of State officers.
Mr. KENDALL--I rise to a point of order. This purports to be a majority
report from a Committee of Conference appointed to take into consideration
the dissenting votes upon Senate Bill No. 16, and my point of order is that
the Committee of Conference can only report a dissent when they fail to
agree, and that any report from a majority or a minority is not in order.
They can only report a disagreement, and no more, in case they disagree
The SPEAKER--The point of order is not well taken.
The CLERK read the report as follows:
Mr. Speaker: The undersigned, members of your Committee of Free Conference,
to whom was referred "the disagreement of the two Houses on Senate
substitute for Senate Bill No. 16," have had the same under consideration,
and report as follows:
Whenever a disagreement occurs between two Houses of Legislature, the
continuance of which is likely to embarrass their action, retard
legislation and operate to the prejudice and injury of the people,
whose representatives they are, it is customary, and certainly proper,
that such subject of dispute should be referred to a Committee of
Conference, with a view to its adjustment and a reconcilement of
difference of opinion upon a basis of mutual compromise and the best
interests of the State.
It was in this spirit that your Committee entered upon the performance
of their duties in this instance. The entire absence of any political
question, and the fact that this one was one purely of policy involving
only considerations of convenience, economy and dispatch in the
legislation of the session, would seem to have rendered the question
one of easy solution, when tested by the rules of ordinary business
common sense.
Whatever may be the opinion of any member as to the propriety of the
past action of the two Houses, we are now in this anomalous position
The seat of government is located at Sacramento, and the Legislature
is now in session at the city of San Francisco. It is found that
legislation under these circumstances is difficult, seemingly impossible,
and attended with many and serious embarrassments.
Your Committee are of the opinion that these difficulties and
embarrassments may all be removed by bringing certain of the State
officers temporarily to this city.
While your Committee sympathize with the calamities that have befallen
the citizens of nearly the whole State, and while our deepest
commiseration is excited for the citizens of Sacramento, who seem to
regard the temporary continuance of the State officers at their city
as of such vital importance to their interest, involving, in the
opinion of many, their municipal existence and the maintenance of
their municipal credit; we are not unmindful that as representatives
of the State at large, we cannot ignore our duty to the whole people,
and do not believe we are called upon by any considerations of pity,
sympathy or charity to sacrifice a State's welfare to the advancement
of any locality; nor can we deem this question of a temporary removal
of a portion only of the State officers to this city, as a question
of such importance as many would seem to consider.
In our opinion, it is absolutely essential that the Governor, the
Secretary of State, the State Treasurer, the State Controller, the
Attorney General the Adjutant and Surveyor General, should be in the
vicinity of the Legislature when in session.
We do not believe legislation can be honestly, intelligently and
properly conducted without having these officers within the reach
of the members of the Assembly for conference and consultation with
heads of Departments, and for inspection and examination of the books,
papers, records, vouchers and accounts of those Departments.
It is not only the privilege, but, in the opinion of your Committee, it
is the duty of every member of both Houses to make himself familiar with
the operations of our State Government in all its ramifications; and this
can only be done by a careful examination of the detailed workings of
Departments and a careful investigation of their archives.
It was proposed by the Senate to bring most of the State officers to
this city. It was proposed by the Assembly to bring none but the
Governor. In the opinion of your Committee, there exist such intimate
relations between these officers each with the other, and with the
Legislature, that all, as reported by your Joint Committee, should be
removed, or none.
Let us give a few examples to illustrate our meaning, and demonstrate
how intimately the duties of these officers are blended.
The Governor, Secretary of State and Attorney General comprise the Board
of Examiners, to examine the books of the Controller and Treasurer; to
count monthly the moneys in the Treasury, filing a monthly statement
thereof in the
office of the Secretary of State. This Board is required to approve all
claims and demands against the State (except salaries of officers), before
the Controller may draft his warrant on the Treasurer for the payment of
the same.
The Private Secretary of the Governor is the Clerk of the Board. If,
then, the views as expressed by a majority of the Assembly prevail, the
Chairman of the Board of Examiners, with its Clerk and all its records,
would be in San Francisco; while the majority of that Board--the
Secretary of State and the Attorney General--would remain at Sacramento;
and would there not be a legal question as to the validity of their acts,
even if the Board, thus divided, should agree to meet and act at either
city?
The Governor is authorized to issue land warrants for sale, to be
countersigned by the Controller, to be deposited in the State Treasurer's
office; the Controller to keep an account of the quantity disposed of.
The Governor, Treasurer and Attorney General compose the Board of Stamp
Commissioners. The Secretary of State keeps the stamps, seals, records,
devices, paper, parchment and material used, concerning the stamps, and
when stamps are executed they are delivered to the Controller, who keeps
a record as a countercheck, etc.
The Governor, Superintendent of Public Instruction and Surveyor General
constitutes a Board of Education. The accounts and money are kept with the
Controller and Treasurer.
The Controller is required, on the last Saturday of every month, to
report to the Stamp Commissioners, Governor, Attorney General and
Treasurer. He must report to the Governor a full and detailed statement
of all the affairs of his office. He is to inform the Legislature, when
required, of all the fiscal affairs of the State.
The Treasurer and Controller are each required to keep open books for
the inspection of all.
The Treasurer must exhibit to the Governor, on the 15th of each month,
an exhibit of all moneys received and paid out by him.
He must give information to either Honse of the Legislature and the
Committees thereof.
He is compelled to report to the Controller within the first three days
of each month, the complete operations of the Treasurer for the preceding
month.
The Surveyor General keeps in his offlce all the plots, surveys and
records of school, swamp and public lands, matters of continual inquiry
from all our constituents as to forfeiture, payments, issuance of
patents--information which cannot be acquired except by visiting the
Surveyor's office and personal conference with himself or his clerks.
Deeds of swamp lands issuing from the Surveyor's office must be signed by
the Governor.
The Adjutant General must make his report to the Governor; must keep
on file in his office, returns, reports, military correspondence, and
an account of all arms, accouterments, ammunition, ordnance stores,
and all military property, to whom issued, etc., etc.; the number,
strength and condition of the militia of the State, matters of deepest
importance at this time, and which our body may be referred to by
important legislation during this session.
All this confusion, embarrassment and difficulty may be obviated by
the temporary removal of certain State oflicers to San Francisco.
The cost is not to exceed $2,000 for coming and returning; to argue
against any possible extravagance of expenditure is simply to fight
a phantom conjured up by the opponents of this measure in want of
better reasons and more consistent excuse.
In conclusion, your Committee deem this measure of importance to the
interests of the whole State, think it calculated to expedite legislative
action, to curtail the length of the session, and necessary for the
convenience of members and intelligent, practical legislation. We also
regard it as a measure of economy, and if there be any political or
sinister movement in it it is without our knowledge, and belongs to the
lobby. We, therefore, recommend--
1st. That the Assembly recede from amendments to sections 1, 2, and 3,
marked respectively A, B and C.
2d. That the Senate concur in Assembly proviso to section 3, marked D.
3d. That the Assembly recede from amendment to title.
4th. Your Committee recommend that the Senate and Assembly amend
section 1 of the original bill by inserting the words Attorney
General after the word Adjutant General, in line three, section 1 of
the original bill.
A majority of your Committee deem it indispensable as a source of
information, to correct and speedy legislation, that the offices of
the State officers should be near and accessible to the Legislature.
The report was signed by Messrs. Ames and Maclay of the House, and
Porter, Shurtliff and Merritt of the Senate.
[During the reading a message was received from the Senate, announcing
the passage of several bills, and also that the Committee had adopted
the majority report of the Committee of Free Conference on the disagreeing
votes of the two Houses on Senate Bill No.16.]
Mr. AMES--I move the adoption of the majority report.
The SPEAKER--The question is on the adoption of the report.
Mr. KENDALL--I feel compelled, however reluctantly, to press the question
I have raised about the reception of that report. In the joint rules which
have been adopted I find this: "In every case of an amendment of a bill
agreed to in one House and dissented from in the other--"
The SPEAKER (interrupting}--The gentleman is not in order.
Mr. KENDALL--I rise to a point of order, and my point is that the report
is not in order.
The SPEAKER--The same point has been raised by the gentleman before, and
is already decided.
Mr. KENDALL--I shall be compelled to take an appeal.
The SPEAKER--Does the Chair understand the gentleman to raise a point of
order once before raised by him? That point of order having been raised
and decided, and no appeal taken, he cannot raise it again.
Mr. SHANNON--Does the Chair decide that it is in order to receive the
report of the Committee as read?
The SPEAKER--It is in order, if the House so determine, to adopt the
report of the Committee or reject the same.
Mr. SHANNON--I hold that the report of the Committee is equivalent to
readopting the original bill in this House. That would be the result.
The SPEAKER--Does the gentleman make that as a point of order?
Mr. SHANNON--No, sir; I understand the Chair to overrule the point of
order raised by the gentleman from Tuolumne (Mr. Kendall). I appeal from
that decision.
The SPEAKER--The appeal is not well taken. The point of order having
been decided, and other business having intervened, the right of appeal
is lost.
Mr. SHANNON--Why, Mr. Speaker, what is the question before the House?
The SPEAKER--The question is upon the adoption of the report.
Mr. SHANNON--The Speaker then holds that it is in order to receive the
report from the Committee?
The SPEAKER--The Chair holds that the report having been read, and it
having been moved and seconded that the report be adopted, the question
is on the adoption of the report.
Mr. SHANNON--I raise the point of order that it is not in order to
receive that report.
The SPEAKER--The report has been received and read, and the question is
upon the adoption of the report.
Mr. SHANNON--My point of order is this--we will probably get at it after
a while: That it is not in order for the majority of that Committee to
recommend any thing or bring a measure here.
The SPEAKER--The point of order is not well taken.
Mr. SHANNON--I appeal from that decision.
The SPEAKER--The point of order has been previously raised by the
gentleman from Tuolumne and Mono, and decided, and not appealed from,
and therefore the gentleman from Plumas cannot appeal.
Mr. SHANNON--No negligence on the part of the gentleman from Tuolumne
can cut me off from the right to appeal.
The SPEAKER--Nothing can cut the gentleman off from his right, but other
business having intervened, the appeal cannot be made.
Mr. SHANNON--I appeal from that decision.
The SPEAKER--There is no decision to appeal from.
Mr. SHANNON--The Speaker rules that I have no right to appeal; I appeal
from that decision.
The SPEAKER--Then the gentleman's position is that he has a right to appeal
from the decision.
Mr. SHANNON--Allow me a moment to explain my position. A question comes
before the House--no odds what it is--and the gentleman from Tuolumne
raise a point of order. The Speaker decides that that point of order is
not well taken. Now, does the Speaker pretend to hold that that debars
every other member from the right to raise the same question of order
upon the same issue?
The SPEAKER--Not at all; but the Chair will state to the gentleman
from Plumas precisely the question: The question raised by the gentleman
from Tuolumne and Mono was upon the reception of the petition [report?]
and the Chair understood the gentleman from Plumas, not using the word
reception, but to raise a point of order upon the right of the House to
entertain the report of the Committee, it not being made by the whole
Committee.
Mr. SAANNON [sic]--Let me correct the Speaker; it was upon the right
of a majority of the Committee to make a report recommending certain
things when the Committee had disagreed.
The SPEAKER--That is the question stated in other words. The Chair
ruled against the point of order then made against the gentleman
from Tuolumne and Mono, and the House then passed to the motion to
adopt the report. Up to that time there was no appeal.
Mr. SHANNON--Does the Speaker hold that the reading of that report was
other business?
The SPEAKER--The reading of the report was business. The reading of
the report, and after the reading came the motion to adopt the report.
There is nothing else before the House, and if the gentleman raises a
question of order upon the adoption of that report--
Mr. SHANNON--This is my point of order, that under our joint rules the
Committee of Free Conference had no right to make any report to this
House, except that they disagreed. Joint Rule No. 1 says: "In every
case of an amendment of a bill agreed to in one house, and dissented
from in the other, if either house shall request a conference, and
appoint a Committee to confer, the other house shall appoint a like
Committee, and such Committees shall meet at a convenient hour to be
agreed upon by their respective Chairmen, and shall confer upon the
differences between the two houses, and shall report as early as
convenient the result of their conference to their respective houses
for their action." They must report "the
result of their conference upon the differences between the two houses.
Now, instead of reporting the result, or anything relating to the
differences, they have adopted a report which is substantially a law
if agreed to by the House, for the Senate has adopted it. I appeal from
the decision of the Chair upon the right of the majority of the Committee
to make that report.
The SPEAKER--The gentleman can take no such ippeal. .The. report from
the majority of the Committee is always considered as the report of the
Committee.
Mr. SHANNON--Will the Chair rule whether or not it is in order to receive
that report?
The SPEAKER--No, the Chair will not rule that because it has already
been disposed of by the House. The report has been received and read;
it has not been adopted. .
Mr. SHANNON--Does the Speaker hold that it is in order to be brought
before the House?
The SPEAKER--The Chair holds that it is before the House, that it has
been read, that the adoption of the report has been moved and seconded,
and that that is the question now before the House.
Mr SHANNON--I appeal frem the decision of the Chair, on the ground
that the report is not in order, and that the adoption of the report
is therefore not in order.
The SPEAKER--That the adoption is not in order? That being the point,
the Chair rules it is not well taken.
Mr. SHANNON--I appeal from the decision of the Chair.
The SPEAKER--The question is, shall the decision of the Chair stand as
the decision of the House?
Mr. SHANNON--Now we have got it to a point where we can understand it.
I have read the whole of Joint Rule No. 1, and that rule, after stating
the preliminaries says the Committee shall report as early as convenient
the result of their conference to their respective Houses for their
action. Now I hold it to be parliamentary custom--first, that a Committee
of Free Conference, if they do not agree, can report simply that they
do not agree, as the result of their conference. They cannot make
majority and minority reports simply. And secondly, that a Committee
of Free Conference, if they unanimously agree on a measure, can
substitute all after the enacting clause, or do anything they deem
proper, and refer it back to their two Houses as the result of their
conference for their action. But if they disagree, they cannot report
the subject matter back in any other way than as a dissent or disagreement.
Then upon the report of the disagreement of a Committee of Free Conference
to the House, the question comes up--Shall the House adhere? And if the
House adheres, that ends the matter. If the House refuses to adhere, the
question then comes on receding; and if they recede, the question comes
up on the passage of the original measure. I deny the parliamentary rule,
or custom, or right of a Free Conference Committee to report in any other
way--
Mr. HOFFMAN--I rise to a point of order. The gentleman is discussing
a matter which has been decided.
Tho SPEAKER--The gentleman from Plumas, much to the surprise of the
Chair, has raised a question of order, that the adoption of the report
is not in order before the House. If the gentleman from San Diego makes
any point of order upon the position assumed by the gentleman from Plumas,
which he is now taking, after the appeal has been taken, the Chair does
not rightly comprehend the point of order.
Mr. HOFFMAN--I understand that he appeals from the decision that the
report is properly before the House.
The SPEAKER--The Chair rules that the motion for the adoption of the
report is before the House. The gentleman appeals from that ruling.
Mr. SHANNON--Perhaps the gentleman understands what he wants to get at.
If he does, it is more than I do.
Mr. HOFFMAN--I do not think you understand what you want to get at.
Mr. SHANNON--If the gentleman ever heard of a point of order upon
a point of order, it is more than I know of.
The SPEAKER--There is no objection to raising a point of order upon a
point of order.
Mr. SHANNON--There can be no such thing; but that is not now the question.
I am appealing from the decision of the Chair--not upon the question being
before the House as a matter of fact, but upon the right of the Committee
to make that report--
The SPEAKER--The gentleman is mistaken in what is his own point of order.
Mr. SHANNON--I understand that it is technically what the Speaker has
stated, but only in form.
The SPEAKER--The Chair apprehends not.
Mr. SHANNON--I was going on with my remarks that it is contrary to
parliamentary rules for the majority of a Committee of Conference to
bring forward a report, and contrary to the rules of the two Houses.
The SPEAKER--The Chair has no disposition to limit the gentleman in
his remarks, but it appears to the Chair that that is quite without
the range of the question he has himself raised.
Mr. SHANNON--I think not. I think the whole subject matter is the report.
It is not a question simply whether that report shall be adopted by
this House; the gist of the thing is the authority under these rules
by which the Committee has acted.
The SPEAKER--That is not the question before the House. The gentleman
from Plumas was precise in his statement of the point of order. The
Chair ruled that the adoption of the report having been moved and
seconded, that question was before the House, and the gentleman from
Plumas appealed from that decision of the Chair, to wit: that the
question of the adoption of the report is before the House. That was
the precise point decided, and the precise appeal, and that question
of appeal is the question now before the House.
Mr. SHANNON--I understand that is the fact. I understand that it is
a question of parliamentary law whether the Chair is right or wrong
in ruling that the report is before the House--
The SPEAKER--Not at all.
Mr. SHANNON (continuing)--whether that report is made properly,
legitimately and legally from the Committee of Conference.
The SPEAKER--There is no such question before the House. The House
has passed that question, the report has been read, and the adoption
of it has been moved and seconded. The gentleman cannot go back upon
matters decided by the House and passed.
Mr. SHANNON--I understand that the House has decided nothing; the
Chair has decided, and from that decision I appeal,
The SPEAKER--The gentleman misapprehends. The point made by the gentleman
from Tuolumne (Mr. Kendall) was ruled upon, and no appeal was taken, and
the matter passed by. The report was then read, and after it was read
the gentleman from Plumas raised the question of order that the Chair
had wrongly decided that the adoption of the report was the question
before the House.
Mr. O'BRIEN--I hold this view of the matter before the House. I think
that if it was out of order for the Committee to make a report of this
kind, of which I have some question, the time to raise the question
was when it was received. The report having been received, and no
appeal taken, I think the proper question now is upon the adoption
of the report. It has been received by the House as a proper report,
whether it was or not, and now the question comes upon its adoption.
I shall sustain the decision of the Chair.
Mr. DUDLEY, of Placer--I am like many others on this floor, unacquainted
with parliamentary usages, but it seems to me that this question stands
in this manner: Upon the commencement of the reading of the report the
gentleman from Tuolumne (Mr. Kendall) rose to a point of order, and stated
that a report could not be made except as a report of differences of
opinion. The point of order was ruled not well taken, and the reading
continued. Now no one could tell or judge of the nature of the contents
of that report till it was read, but at that time no appeal having been
taken, and the report read, accepted, and before the House, I cau see
no reason why the gentleman should raise an appeal upon that issue; and
that is the real issue. Therefore upon that issue I shall vote to sustain
the Chair.
Mr. MACLAY--I am perfectly astonished that this point should have
been raised at this moment. There was a perfect understanding in
the Committee that the majority should make a report, and that the
minority should also make a report. That is what we agreed upon in
the Committee, and I am astonished that the gentleman from Tuolumne
should raise the point of order.
Mr. KENDALL--The remarks of the gentleman from Santa Clara (Mr. Maclay)
call for some explanation from myself. With all due respect to that
gentleman, I claim that this question of the right and propriety of
a Committee of Conference making a majority or minority report was
freely, fully and thoroughly discussed in our Committee meeting--
The SPEAKER--The gentleman is not in order unless he speaks to the appeal.
Mr. KENDALL--I will come to that. As I was going to say this whole
question was discussed in Committee, and the ground I took there,
and wish to take upon this floor, Is this, that a Committee of
Conference, it seems to me by the plain rule of common sense--
The SPEAKER (interrupting)--The gentleman is not in order. The question
is upon the appeal of the gentleman from Plumas, and he is discussing
the right of the Committee to make the report.
Mr. KENDALL--I am endeavoring to confine myself to that point and I
think I understand it--the point of the appeal from the decision of
the Chair is that the reception of a majority report from the Committee
of Conference is in order.
The SPEAKER--There is no such question, and no such appeal.
Mr. KENDALL--It seems I am very dull to-day. Will the Speaker be so very
kind as to state the point?
The SPEAKER--It has been again and again stated by the Chair, and also
well stated by the gentleman from Plumas. The Chair ruled that the motion
made and seconded that the report be adopted, after the report had been
received and read, was in order; that the question before the House was
the adoption of the report; and the gentleman from Plumas appealed from
that decision, and that is the question now before the House. The question
being in form, Shall the decision of the Chair stand as the decision of
the House?
Mr.KENDALL--That is the very question I am trying to get at. I claim that
the adoption of the report is not in order, because the report itself is
not in order. The Speaker decided that it was in order, and the gentleman
from Plumas appealed, and I am trying to speak to that appeal. I claim
that the motion is not in order because the report is not in order. I
was remarking that a Committee of Conference could not make majority and
minority reports, under our rules. The general rule is that when a
Committee of Conference--
The SPEAKER--The gentleman from Tuolumne and Mono is not in order; he
is discussing a question which has been decided by the House, to wit,
the reception of the report. The report has been received and is before
the House. The gentleman,
although at liberty to discuss to the widest extent the question actually
before the House, is not in order to go back to what has been decided
by the House,
Mr. KENDALL--How am I to discuss the propriety of this appeal, unless I
am to discuss whether the motion itself is in order upon which the appeal
is taken? Now, if I show that the whole subject matter upon which this
motion is based, is not in order, it seems to me that I am talking to
the question. I am trying to show that the subject matter which the
motion is made to adopt, is not in order, and, therefore, the motion
to adopt it is not in order. I am trying to discuss that proposition.
Am I right?
The SPEAKER--So long as he confines himself anywhere within the range of
a question before the House, the gentleman's remarks are certainly in order.
Mr. LOVE--What disposition would have been made of this report had it been
a unanimous report?
Mr. KENDALL--lf it had been unanimously reported by both Committees,
both to this House and to the other, then the question would have been
upon its adoption. .
Mr. LOVE--Then is it not a report of the Committee coming from a majority
of the Committee?
Mr. KENDALL--Not from a Committee of Conference.
Mr DUDLEY of Placer--I desire to ask the gentleman a question. Do you
take advantage of your own wrong? You did not appeal at the time you
might have done so.
Mr. KENDALL--I do not see the point or the pertinency of the question,
and therefore I decline to answer it. Our rules are that when a Committee
of Free Conference cannot agree they shall report their difference.
That is the result of their conference, and the rule requires that they
report the result of their conference to their respective houses.
The SPEAKER--The gentleman misapprehends the rule. That is where the two
Committees agree--that is, where the Committee of Conference of the Senate
agrees with the Committee of Conference of the House.
Mr. KENDALL--I do not see it in that light. The rule requires them to
report the result of their conference. What is the result? They are to
report, not their conversations, not the various grounds upon which they
agreed or disagreed, as has been done by the majority of the Committee,
but they are to report the result, and the result is that they agree to
disagree.
Mr. AVERY--I am sorry to consume the time of the House on such a proposition,
and I am surprised that the gentleman from Tuolumne and Plumas should occupy
the time upon it if the gentleman from Tuolumne had appealed at the time
it was his right to do so, but the gentleman from Plumas now raises his
question of order, and upon that the gentleman from Tuolumne goes back
and questions the propriety of the report. I thought at the time it was
a wrong report--that they ought to report that they agreed or
disagreed--but I apprehend that it is wrong now for us to go back over
that action. Inasmuch as the House has equalized that which was perhaps
wrong, in receiving the report, I apprehend it is not proper for us to
go back. We have made it right by accepting and reading the report. I
shall vote to sustain the decision.
Mr. KENDALL--The reason I did not appeal from the decision of the Chair
in the first place was that after raising the point of order, upon
second thought I deemed an appeal premature. I thought the point of
order, and the appeal if the Chair decided adversely, would come up
more properly after the report had been read, because until it was
read, and we were officially made aware of its substance, there could
not be really any grounds of appeal
Mr. AMES--Being Chairman of the House Committee of Conference, I deem it
necessary to make a statement, which I should not otherwise feel called
upon to make, but without attempting to discuss the merits or the
reception of the report. I do not set myself up as a parliamentarian;
I presume the gentleman from Tuolumne is one; but I wish to say that
upon that Committee we had some of the best parliamentarians in the
Legislature, and they decided that the report would be in order; and
not only that, but the Committees did agree--
The SPEAKER--The Chair has endeavored to conflne gentlemen to the
question, and hopes the gentleman from Mendocino will keep within
the range of the question
Mr, AMES--I only wish to say that the Committee had agreed. A majority
of the Committee of the House, and the whole Committee of the Senate,
did agree to this report.
Mr. SHANNON--I hope the Speaker will allow this matter to take a wide
range. This is a very important matter as a parliamentary question,
and I hope the Chairman will indulge the gentlemen to the extent of
their remarks.
The SPEAKER--The Chair is disposed to indulge gentlemen in the utmost
range, so long as they confine themselves to the question.
Mr. FERGUSON--Mr. Speaker, I wish to ask, in the first place, if it is
the background of this large lobby here that prevents the Chair from
recognizing gentlemen.
The SPEAKER--The gentleman is not in order.
Mr. FERGUSON--I rose for another question. I understand the question
before the House to be, Shall the decision of the Chair stand as the
Judgment of the House? I understand, further, that the Chair has decided
that a motion made to adopt a majority report from a Conference Committee
is in order.
The SPEAKER--The Chair has not so ruled. The motion was not that the
majority report be adopted, but the motion was that the report be adopted.
Mr. FERGUSON--The Chair has ruled that that motion is in order, and
that report was a majority report. A motion was, made to adopt that
report being a majority report, and upon that a question of order was
raised that it was not in order to make that motion. The Chair decided
that the point of order was not well taken, and from that decision
the gentleman from Plumas appealed. Upon that appeal I shall sustain
the position of the gentleman from Plumas. The rule of this House in
regard to Committees of Conference is a rule founded upon that portion
of Jefferson's Manual which I will read: "At free conferences, managers
discuss viva voce and freely, and interchange propositions for such
modifications as may be made in a parliamentary way, and may bring
the sense of the two Houses together; and each party reports in
writing." I presume that means each Committee--"to their respective
Houses the substance of what is said on both sides, and it is entered
in their Journals." The only proposition, therefore, that we could
entertain would have been a report of what had been said, and that
report would have been spread upon the Journals. They might have said
they had a certain character of discussion, that they had raised certain
questions, aud the Committee of the Senate had disagreed with them, and
that report must have gone on the Journals. Now, I think that in the
appointment of that Committee origiginally [sic] the Chair committed an error,
in violation not only of this rule, but in violation of all parliamentary
usage.
Mr. AVERY--I rise to a point of order— that the remarks of the gentleman
are not relevant.
Mr. FERGUSON--Probably the obtuse intellect of the gentleman is not
able to see the point.
Mr. AVERY made a reply which was not heard above the confusion.
The SPEAKER--The gentleman from Sacramento (Mr. Ferguson) does not
evidently comprehend at all the rule he has read or the object of it. The
agreement or disagreement of a Committee of Conference consists in the
ability of a majority of one Committee to agree with a majority of the
other Committee; for there are, in fact, two Committees--one on the part
of the House, and the other on the part of the Senate. The Committee of
Conference, therefore, consists of six parsons, and if two of one body,
being a majority of that body, agree with two of the other body, being a
majority of that body, that is an agreement. The idea is not only novel,
but it is absurd, and the agreement of a Committee of Conference consists
in the unanimous consent of all the members. There is no such parliamentary
rule; there never was any; there is no such rule in Jefferson; none in
Cushmg, and it is an entire absurdity in itself considered. There is no
such parliamentary law, and to adopt such a rule would be to render useless
and put an end to all Committees of Conference.
Mr. FERGUSON--Had the Chair appointed a Committee expressing the will
of the House--that is expressing the will of the majority instead of
the minority, and had they met in council with the Senate's Committee,
and discussed the merits of the question, our Committee would have
returned and reported that they had agreed to adopt the amendment which
had previously been adopted by this House, or, on the other hand, they
would have reported to adopt the bill as passed by the Senate. Then what
course could the Chair adopt but to put the question, Will the House
recede from the amendment lt has adopted? Because the parliamentary
usage is, that if this House refuses to recede, the whole thing is at
an end, and the bill is defeated.
Mr. MEYERS--I think this matter is very simple indeed. I think there
is no use in wading back three or four days or a week and calling in
question what then had gone by. If these things were wrong, then was
the time to rectify them. The question is this morning upon the reception
of this report. The gentleman from Tuolume (Mr. Kendall) brings up a
question of order, that it is not in order to receive the report, and
that was overruled. At that particular point it was competent for him
or any other member to have appealed, but no one chose to avail himself
of that right. Now, the question before the House is, Is its adoption
in order? an appeal having been taken on that point. If we allow the
appeal to reach back through the day's proceeding, and nullify every
proceeding that has taken place before, that would create an interminable
confusion. The previous ruling may have been right or may have been
wrong, but right or wrong it has gone by, and another question is before
the House, namely, this appeal.
Mr. SEARS demanded the previous question, and several gentlemen seconded
the demand.
Mr. FERGUSON--The question now is, was it in order in the first place
to receive the report, and secondly, was it in order to move to adopt
it. If this rule was correct, if Jefferson was right, if the majority
of that Committee do not know more about parliamentary rules than
Jefferson, and if a majority of that Committee had been appointed to
speak the sentiments of the House, and not of a minority of the House,
such a report would have been made, and the Clerk would have entered it
upon the Journal. Then what would have been the question? It would have
been: Shall the House recede from its amendment? and if the House refused
to recede, then the whole matter would have been at an end. Suppose they
did recede then the next question would have been on agreeing to the
bill. The Chair should have appointed a Committee to represent the will
of the House, and not to represent a minority or the other House, our
Committee should have reported the state of the discusslons and the action
they had had, and that report should have been spread
upon the Journals. Then had the House sustained its amendment all
would have been at an end, and had the House agreed to recede then
the question would have been: Will the House adopt the bill as it came
from the Senate. Mr. Jefferson says this report cannot be amended or
altered, and immediately after hearing the report the Chair puts the
question on its adoption. I shall vote to sustain the point of order
raised, and I hope for the sake of our future proceedings that the Chair
will not be sustained.
Mr. HOAG--I rise for information ["Question. Question!"] I want to ask
the Speaker a question and upon his answer I'll base another question.
I want to ask the Speaker what was the duty of the Committee appointed
on the part of this House when it went into conference with the
Committee on the part of the Senate--whether it was the duty of
that Committee to represent the opinions of this House upon the
subject under consideration, or the opinions of the individual members
of that Committee?
The SPEAKER--The Chair will reply that if the gentleman from Yolo
(Mr. Hoag), and the gentleman from Sacramento (Mr. Ferguson), will
read their manuals they will find there answers to their questions.
I refer them to page 141 of Cushing's Manual, and with all respect I
will say they will employ their time better in studying their manuals
than in raising questions of order.
Mr. HOAG--Upon that answer I have another question to ask. [Cries of
"question" and confusion.]
The SPEAKER--The previous question has been demanded and seconded.
Shall the main question be now put?
One or two gentlemen demanded the ayes and noes, but the previous
question was declared sustained, and the ayes and noes were ordered
on the appeal, having been demanded by Messrs. Shannon, Hoag and Wilcoxon.
The vote on the question, Shall the decision of the Chair stand as the
judgment of the House, resulted thus:
Ayes--Amerige , Ames, Avery, Barton of San Bernardino, Battles, Bigelow,
Brown, Cunnard, Collins, Dana, Dore, Dow, Dudley of Placer, Dudley of Solano,
Eagar, Hillyer, Hoffman, Irwin, Jackson, Lane, Leach, Loewy, Love, Maclay,
McCullough, Myers, Moore, O'Brien, Reese, Reeve, Sargent, Sears, Seaton,
Smith of Sierra, Teegarden, Thompson of San Joaquin, Thornbury, Tilton of
San Francisco, Van Zandt, Werk, Woodman, Wright, Yule, Zuck--44.
Noes--Barton of Sacramento, Bell, Campbell, Davis, Dean, Dennis, Evey,
Ferguson, Frazier, Griswold, Hoag, Kendall, Machin, McAllister: Parker,
Saul, Shannon, Smith of Fresno, Waddell, Wilcoxon--20.
So the decision of the Chair was sustained.
Mr. TILTON of San Francisco, moved to make the report the special order
for Monday.
The SPEAKER said the motion was not in order, as the previous question
had been moved and sustained, and hastily put the question on adopting
the report, Messrs. O'Brien, Shannon, and other gentlemen meanwhile
standing in their places, and shouting "Mr. Speaker!" amid great confusion.
The Speaker recognlzed Mr. Shannon, at the same time stating that no
debate was in order, as the House was acting under the previous question.
Mr. SHANNON--No, sir; it only applies to the appeal.
The SPEAKER--If you refer to the rules you will find that it covers
all questions pending.
Mr. SHANNON--I hope the Speaker will not establish such a precedent.
I hold that when a question of order is raised pending any subject matter
pending before the House, the previous question raised upon that question
of order does not go to the question before the House; it only extends
to the question of order raised.
The SPEAKER--There has been a discussion before upon the effect of
that rule, and I hold as was once ruled when another gentleman was
in the chair that the previous question reached back to all of the
subject matter that is to come before the House.
Mr. BROWN--I supposed that I was voting to sustain the Chair in
holding that the main question was in order before the House. The
main question is the adoption of the report, and that I hold is the
question before the House, and it is not debatable.
Mr. O'BRIEN--Does the Chair decide the point of order not well taken.
The SPEAKER--The Chair so holds.
Mr. O'BRIEN--With all due deference I must appeal from that decision.
I consider that the main question was the decision of the appeal from
the ruling of the Chair.
Mr. BROWN called for the readlng of the rule in Jefferson's Manual.
The SPEAKER--It is not in order under the previous question.
Mr, LOVE--I have voted for the previous question under a misapprehension.
I sppposed [sic] the vote was on sustaining the decision of the Chair.
Mr. HOAG--I call for the reading of the report. Several Members--"Read!"
"Read!"
The SPEAKER--The Chair holds that it is not in order under the previous
question to read the report.
Mr. FAY--On that point I ask the privilege of reading a few lines from
Cushing's Manual.
The SPEAKER--It is not in order. The House understands that they are
acting under the previous question.
Mr. ZUCK--What is the question?
The SPEAKER--The question is upon the adoption of the report. The
previous question having been sustained the House is acting under
the previous question, and nothing can be entertained but the statement
of a point of order.
Mr. SAUL--I rise for information.
The SPEAKER--That is not in order.
Mr. IRWIN--I rise to a point of order. The main question was upon
sustaining the Chair, and that question has not been put. That question
exhausts the previous question.
The SPEAKER--A difference of opinion exists The Chair holds that the
question, so to speak consisted of two branches, and the previous
question runs back. It extends back through both branches.
Mr. O'BRIEN--On the Chair stating that the previous question extended
to the adoption of the report before the House, and not alone to the
appeal from his decision, I took an appeal which has not yet been decided.
I hold that the main question before the House was then on the decision of
the Chair that the adoption of the report of the Committee was in order.
The previous question has been moved, the question has been put on the
decision of the Chair, and the House has sustained it-----
The SPEAKER--The Chair has decided it. The gentleman took that point of
order before, and the Chair decided it.
Mr. O'BRIEN--I appealed from that decision.
The SPEAKER--The House cannot decide the appeal under the previous
question. The Chair is required by the rule to decide the appeal
peremptorily, without debate.
Mr. O'BRIEN--I shall have to appeal from that decision.
The SPEAKER--There can be no appeal.
Mr. SHANNON--I rise to a question of order.
The SPEAKER--The gentleman is out of order.
Mr. SHANNON--But I rise to a question of order.
The SPEAKER--The gentleman is not in order. The Clerk will call the roll.
Mr. SHANNON--Mr. Speaker--
The SPEAKER--The Clerk will call the roll.
Mr. SHANNON--Will the Speaker state the question before the House?
The SPEAKER--The gentleman is not in order.
Mr. SHANNON--Does the Speaker assume to decide an appeal for himself?
The SPEAKER--The gentleman will refer to his rules. The gentleman from
Calaveras takes an appeal, and the Chair must decide it peremptorily.
That is required by the rule.
Mr. SHANNON--I must appeal to the House. Allow me to read the rule.
The SPEAKER--It is not in order. The Clerk will call the roll.
The Clerk proceeded with the roll call.
Mr. HOAG (when his name was called)--I do not really understand what
I am called upon to vote about. I have risen to a question of order
and for information two or three times, and have been referred to
Cushing's Manual. Now, I have Jefferson's Manual here--
The SPEAKER--The gentleman is not in order. The Clerk will call the roll.
Mr. PORTER--My knowledge of the matters recommended in that report is
not sufficient to justify me in voting upon it, and the Chair has ruled
that it cannot read.
The SPEAKER--It is not in order; the Clerk will call the roll.
The Clerk called the roll through.
Mr. HOAG--Will the Clerk call my name? Now I honestly wish to be
informed [laughter]--
The SPEAKER--The gentleman is not in order.
Mr. HOAG--Will the Speaker tell me whether a vote--
The SPEAKER--The gentleman is not in order.
Mr. HOAG--I will take the chances then and vote no.
Mr. AMES--I will change my vote to no for the purpose of moving a
reconsideration.
The following was the result of the vote:
Ayes--Battles, Bigelow, Brown, Cunnard, Cot, Dana, Dore, Dow, Eagar, Hillyer, Hoffman, Jackson, Lane, Loewy, Maclay, Meyers, Moore, Reese, Sargent, Sears, Thompson of San Joaquin, Thornbury, Van Zandt, Wright, Yule--25.
Noes--Amerige, Ames, Avery, Barton of Sacramento, Barton of San Bernardino,
Bell, Campbell, Collins, Davis, Dean, Dennis, Dudley of Placer, Ferguson,
Frasier, Griswold, Hoag, Kendall, Machin, McAllister, Morrison, O'Brien,
Parker, Pemberton, Printy, Saul, Seaton, Shannon, Smith of Fresno, Smith of
Sierra, Thompson of Tehama, Waddell, Wilcoxon-32.
So the House refused to adopt the report of the Committee of Free
Conference.
Mr. Evey had paired with Mr. Reed, and Mr. Fay with Mr. Warwick.
Mr. AMES, immediately on the announcement of the vote, gave notice of a
motion to reconsider, which lies over under the rules until the following
day.
Mr. KENDALL--I ask the Chair whether it is in order now to present the
minority report of this Committee.
The SPEAKER--It is not in order; the report is disposed of. It would have
been in order to move the minority report as an amendment of the majority
report at the time.
Mr. O'BRIEN--I desire to read the rule under which I appealed.
The SPEAKER--It is not in order.
Mr. O'BRIEN--I rise to a question of privilege.
The SPEAKER--If there is no objection, the gentleman can proceed. ["Leave,
leave."]
Mr. O'BRIEN--I do not ask leave of the Honee, I have my rights on this
floor under the question of privilege. I am here in my place, and I
desire the Chair to recognize me. I read Rule 46: "All incidental
questions of order arising. after the motion is made for the previous
question, and pending such, shall be decided, whether on appeal or
otherwise, without debate." "Whether on appeal or otherwise." The
House shall de-
[CONCLUDED ON FOURTH PAGE.]
p. 2
NEWS OF THE MORNING.
. . . The communication under the caption, "Is the Sacramento Valley
Inhabitable?" embraces a very able argument in support of the proposition
that it is practicable to secure ample protection for the valley by a
system of levees, canals, etc. The facts contained in the communication,
particularly those relating to the rivers of the Old World, are of special
interest at this juncture.
Dr. Logan's meteorological report for the month of January will repay
perusal. The unprecedented weather of the past month was carefully
observed, and the record is worthy of attentive consideration and
preservation for future reference. . . .
Notwithstanding the rain of Sunday, the Sacramento and the American
remain about stationary. A considerable quantity of snow is reported
to have fallen in the upper country. At Placerville, last evening,
the weather was clear and cold.
FALSE ALARM.--The Sierra Democrat thus refers to the reports in
circulation in reference to an alleged scarcity of provisions since the
late floods:
A false alarm is that about scarcity of flour and other food. There is
more wheat and flour in the State, by all the accounts of the last
harvest, and allowing for reported losses and shipments, than can
possibly be consumed during the year. Does not everyone know that
the moment there is a prospect of making importation pay the least
profit at all a hundred orders for shipment of wheat and flour will
be telegraphed from San Francisco to the East, and sent to Valparaiso
and other Pacific ports?
That agriculture is to be in disuse in California, even temporarily,
is a mistake. The overflowed lands will produce more potatoes, beets,
and such vegetables, than last year. The deposits made by the floods
will insure this. Barley and wheat can be sown in the Spring and produce
good crops. For years, farmers in some of the Northwestern States raised
but little Winter wheat. The soil was loose, or they had not learned to
plow deep enough, or for some other reason wheat sown in the Fall was
raised out by the Winter frosts. Yet they did not suffer. Spring wheat
sufficed. The southern part of the State, where our fat cattle come from,
has been improved by the rains. Scarcely any stock lost by high water,
and the grazing is luxuriant. Cattle are in better condition than for
many a year before.
HIGH WATER.--The Nevada Democrat has the following:
From some information which we obtained as long ago as 1849, we are led
to believe that a deluge, nearly as great as that recorded in Scripture,
occurred on this coast in February, 1828. This is probably the great
flood referred to by General Vallejo, as having occurred in 1827. Our
informant was one of a party of trappers who were encamped on the
American river at the time of the overflow. After the water had subsided,
they went down to the Sacramento, near where the city now stands, and
examined the water marks on the trees, and from measurements which they
made they ascertained that the water had risen from sixteen to eighteen
feet above the banks. There was a great overflow in Oregon the same Winter,
and the Willamette was higher than it had been at any time since John
Jacob Astor's party settled at Astoria.
If the original banks of the Sacramento had remained during the late
floods, without having been raised or leveed, about the same hight of
water might have been indicated on the trees or other natural monuments.
THE ASSEMBLY.--Our correspondent at San Francisco, in his letter of
February 1st, says:
Several appeals were taken, but he [the Speaker] utterly refused to
put any question of appeal to the House. Even the appeal of Shannon,
from the decision that the motion to adopt was in order, was never put
to a vote.
Our correspondent informs us that this statement should be
corrected. He adds, that Shannon's question of appeal, February 1st,
was in the confusion finally put to vote, but no other one was put.
WEATHER IN THE INTERIOR.--A dispatch to the Marysville Express
gives the following indications of the weather in the towns named,
February 2d:
Chico--Raining here; weather cold; apparently snowing in the mountains.
Oroville--Commenced to rain hard at four P. M. to-day. and still continues.
Nevada--Snowing hard here.
Downieville--Snowing here.
Camptonville--Showing here.
Placervilie--Snowing hard here.
Auburn--Snowing hard here. . . .
REMOVAL OF THE LEGISLATURE.--This is as we expected it would be--our
legislators are generally as apt to seek their own comfort as any other
class of men we have. We think they should have remained at Sacramento,
even at great personal inconvenience, and should only have removed when
unable to discharge their duties as legislators. It seems strange that
while the whole State is sympathizing with the misfortunes of this devoted
city, our representatives are doing that which must injure its future
prosperity more than anything else in their power.--Sierra Citizen.
RISE.--Since the adjournment of the Legislature to San Francisco,
crackers and cheese have gone up to a high figure, owing to the fact
that members had become so accustomed to living on that article during
their short stay in Sacramento that they could not go "Frisco" grub.
Poor fellows! it is a wonder that they don't take to hard
drinking.--Auburn Advocate.
SNOW.--Snow fell at Mokelumne Hill during Monday night, January 27th, to
the depth of two inches. At Rich Gulch and West Point there was from six
to eight inches. On Tuesday night there was another snow storm, which
increased the depth to five inches.
CALVERAS.--Ferries have been established at Big Bar and Middle Bar on
the Mokelumne river, and the mail comes by Big Bar; at the Middle Bar
they have a ferry boat capable of transporting a horse and wagon. . . .
SWAMP LAND MATTERS.
In another column will be found a correspondence between Senator Parks,
Chairman of the Committee to whom the subject is committed in the Senate,
and A. M. Winn, the Chairman of the Board of Swamp Land Commissioners.
The question discussed is one which intimately concerns the people of
California who have cast their lot in the valleys of the State. By the
unexampled floods of 1862 many of them have lost all except their land,
and in numerous instances that has been rendered useless for the present
by the sand and gravel deposited upon it. No such event as a flood had
occurred for nine years, and people living on the rivers in the State
had pretty well satisfied themselves that all dangers from floods had
passed. From this dream of safety they have been rudely awakened by the
events of the past six weeks. The eager question they now ask is, can
the swamp and overflowed land in the State be reclaimed? Those who want
the money in the Swamp and Overflowed Land Fund decide at once that it
is useless to attempt a work so hopeless. But experience and science unite
in proclaiming that these valleys can be protected against higher floods
than those which have visited this valley this Winter, by means of levees.
Last season we had high water for weeks; the Sacramento was within a
couple of feet as high as it has been this season, yet it was kept from
overflowing the country from here to near the mouth of Steamboat slough,
by means of a narrow levee raised by the farmers along the river. A
levee broader and higher would have kept the water out this year. But
to build the character of levee needed, is beyond the resources of
the owners of the land, and they have for years past been appealing to
the State to have the money received for the sale of swamp and overflowed
land appropriated to that purpose, as was intended by Congress in making
the donation to the State.
Last year the first step was taken in that direction; a law was passed
creating a Board of Commissioners, and providing for a system of
reclamation and segregation for the State. Under the supervision of
the Board, the swamp and overflowed land has been segregated from that
which is public, and at the same time securing for the State thousands
of acres which had previously been surveyed by the United States
officers. The swamp lands have also been districted; from most of
them petitions for reclamation have been presented to the Board, and
the necessary surveys ordered. In most of the districts the reports of
the surveyors are in, and where the dollar per acre paid the State will
pay for reclaiming, the contracts will be ready to let so soon as the
water falls so as to enable the work to commence. It seems to us that
the course the Board has pursued is not only in accordance with the
State law, but exactly in accordance with the intentions of the Federal
Government in donating the land to the State. It is due the people
living in the valleys, who have purchased this land from the State,
to make an effort to reclaim it; and if the present law is permitted
to stand that effort will be fairly made. And until that effort is
honestly made by authority of the State, it would be a great outrage
upon the rights of those who have been overwhelmed by the floods, to
divert the money in the Swamp Land Fund to any other purpose.
The Legislature last year borrowed from the Swamp and Overflowed Land
Fund to pay members; but it had the grace to provide that the money
should be returned. That body also appropriated $200,000 from the
fund to reclaim swamp land, and placed it at the disposal of the
Board of Commissioners. Legally, we doubt whether that $200,000 can
be touched by the Legislature for its own purposes. It has, however,
begun the game of last year; it has passed one Act to rob the Swamp
Land Fund, to put money in the pockets of members and attaches. Last
year the fund was unappropriated, and provided it were returned no
great harm was done, except so far as the bad precedent went. But this
year the money in the fund has been appropriated to reclaim, and the
people will demand to know by what right the Legislature assumes to
reappropriate the money for the use of its members. The law should
stand as it is, undisturbed, until it has been fairly tested.
LEVEES ANCIENT AND MODERN.--The subject of levees is just now one of
the most important for the consideration of this community, and hence
we publish with pleasure all such communications as the one we give
to-day, signed "J. & R." It was prepared by those who have devoted a
good deal of labor in the investigation of the levee question, and who
are professionally able to furnish in a readable form the results of
experience and scientific research and experiments for hundreds of
years. The article ought to be read with deep interest by those living
in the Sacramento Valley, for it enlarges upon a matter in which they
are vitally concerned. The scientific portion of the article is pretty
well popularized--it is so put that it can be readily understood by the
unscientific reader, though we wish the writer had gone a step further,
and given us a little more in detail the effect a levee of a certain hight
would produce upon the floods in the Sacramento. The parallel between the
river Po and the Sacramento might be given more in detail, and we hope
will be in a second article. That river is longer than the Sacramento
and somewhat wider. It drains a valley not unlike this, and its
tributaries head in mountains on each side, which answer to the Sierra
Nevada and the Coast Range. The Alps range of mountains is just about
the average hight of the Sierra Nevada, and the Appenines are probably
higher than the Coast Range. The snows and rains which fall upon those
mountains send down into the valley immense floods; which have for
hundreds of years been harmlessly conducted to the ocean by means of
levees raised on either side of the River Po. At some points on that
river the levees are thirty feet high, and the bed of the river has
been elevated by the deposits of centuries until the surface of large
tracts of country are below the bed of the river. At the point named
on the Po, where at low water the river is ten and a half feet in
depth, it rises, in high water, to thirty-one feet; at this city,
the depth of the Sacramento river, at low water, is more than ten and
a half feet, while it rose this year twenty-four feet.
As the Po has been confined within its banks for centuries, it would
seem to follow that the Sacramento and American, by the same means,
can be confined to their banks. It is evident, from the experience of
ages, that rivers like those in California can be leveed so as to confine
the water they discharge within certain bounds; and that without any
very great amount of difficulty.
A similar view is taken of the subject by Dr. Logan in his monthly
report. He refers for illustration, to the mighty Mississippi, which
is leveed more or less from the mouth of the Arkansas to the Gulf of
Mexico. Those levees, too, except where the river sometimes undermines
them, confine the water within them, and have done so since the
Government was formed. If such rivers as the Po and Mississippi can
be successfully leveed, so can the Sacramento and the American.
BY TELEGRAPH TO THE UNION.
Weather in Placerville.
PLACERVILLE, Feb. 3d--P. M.
The weather here is clear and cold. . . .
CAN'T STAND WATER.--In response to an expression of ours that the
proprietor of Hayes' Park displayed a most liberal spirit, in offering
his buildings, furnished, to the Legislature, free of charge, a sagacious
individual who had obtruded himself into our sanctum, said: "Not so
very d--- liberal after all! He knew the Pubs couldn't stand water no
how, and thought the exclusive right to keep a saloon on the grounds a
pretty good thing. Besides, he knew d--- well there was nothing more
profitable to a bar than a corps of bulkhead advocates."--Amador Ledger.
MICHIGAN BAR.--We learn that the ferry across the Cosumnes river, at this
place, is at last in running order. A number of teams have crossed. . . .
STANISLAUS INDEX.--This newspaper has been discontinued, owing to the
difficulty of making collections, and other embarrassments growing out
of the recent floods. [1860-1862 Knight's Ferry]. . .
SWAMP LAND CORRESPONDENCE.
SAN FRANCISCO, Jan 30, 1862.
Dear Sirs: Inclosed you will please find a copy of Senate Bill No. 2,
which you will perceive if passed will stop all further action in the
reclamation and segregation of the swamp lands. . This bill was
introduced upon the supposition that the Commissioners were about to
let many large contracts that would absorb all the money now on hand,
and thereby deprive the State from borrowing the money for other
purposes; and further, that as the plans and specifications were
adopted prior to the late flood, that they would prove ineffectual.
Now as Chairman of the Committee to whom the bill was referred, I
wish you to state to me whether or not the Commissioners are about
to let such contracts, and whether or not the plans and specifications
for any great number of districts have been adopted; and if so,
whether they were adopted. with a view of reclaiming against such
extraordinary floods as we have just experienced.
By forwarding the above information, together with such other as you
may think pertinent, you will much oblige Your obedient servant,
WM. H. PARKS.
To Swamp Land Commissioners, Sacramento City.
OFFICE SWAMP LAND COMMISSION, }
SACRAMENTO, January 31, 1862. }
HON WM. H. PARKS, Chairman Committee, etc.--Dear Sir: Your favor of
yesterday came to hand to-day, and I am directed by the Board to
answer your inquiries. The bill that you send inclosed, and which
was referred to a Committee of which you are Chairman, provides that
the Commissioners "are hereby prohibited making any contracts under
said Act, approved May 13, 1861, and any contract hereafter by them
made contrary to the provisions of this Act shall be ipso facto
void, and said Commissioners are prohibited making or incurring any
further expense or liability under said Act of May 13, 1861, until
hereafter directed by law." "This bill (your communication states)
was introduced upon the supposition that the Commissioners were about
to let many large contracts that would absorb all the money now on
hand, and thereby deprive the State from borrowing the money for other
purposes," and you, as chairman of the Committee, desire to be informed
whether we "are about to let such contracts." The introduction of this
bill would seem to imply that we intended, secretly, to violate the law,
for the law requires that after adopting a plan for the reclamation we
shall, in some newspaper published in the county in which the district
is situated, advertise thirty days for proposals. No plan had
been adopted, therefore we have not, nor were we about to let
any contract. This is a fact that could have been ascertained in five
minutes by walking from the Capitol to our office. Therefore the object
of its introduction could only have originated in a desire to give
publicity to the fact that the Legislature intended using the Swamp
Land Fund, and thereby destroy confidence in further acts of the Board.
Such a course has effected that object full as well as if the law had
been passed--for the people in this country, most unfortunately, have
but little faith in their officers, and much less in laws subject to
the pecuniary necessities of their representatives in the Legislature.
It was this feeling among the people that we had to contend against
from the beginning. The law provides that if it shall appear that the
aggregate of one dollar per acre of the swamp land in a district will
not reclaim it, individuals must pay the balance in cash, and then the
Board msy proceed to reclaim. Here, again, we were met with objections.
Owners of property say, "What security have we, when we have paid the
balance into the treasury, that the Legislature will not borrow the money
in the Swamp Land Fund, even including the amount of our extra payments,
and leave us again for another year at the mercy of the flood?" We have
invariably answered that we did not believe that the Legislature could
appropriate the same money twice, and that they had by law already
appropriated two hundred thousand dollars for reclaiming the district
where the people had availed themselves of its benefits by petitioning
us to reclaim their lands, according to that law. We called their
attention to the fact that the Act of Congress passed on the 28th day
of September, 1850, provided that the swamp lands were given to the
State "to enable her to construct the necessary levees and drains to
reclaim the swamp and overflowed lands therein," and that "the fee
simple shall vest in said State, subject to the disposal of the
Legislature;" "provided, however, that the proceeds of said lands"
"shall be applied exclusively, as far as necessary, to the purpose of
reclaiming said lands by means of the levees and drains aforesaid."
We told them "we did not believe the Supreme Court would permit a
diversion of the appropriation from its legitimate purpose--that the
Legislature was only the trustee of the people in disbursing that fund
for reclamation, and for no other purpose." We advised them to accept
the proposition made them by the State, in the Act of May 13, 1861,
assuring them that we did not believe the Legislature would violate
that solemn contract entered into by their predecessors.
The Legislature had borrowed about two hundred thousand dollars out
of the Swamp Land Fund at its last session; the people were afraid
that it would not be paid back, but in November last it was returned.
We pointed them to that act as the evidence of good faith on the part
of the State; they received it as such. The sales of swamp lands
increased for a while; but many of our citizens predicted that the
next Legislature, in consequence of pecuniary wants, would not be
satisfied with the law as it stands, and therefore would repeal it
and use the money. We endeavored to quiet the fears of our citizens,
but with little success.
On the 9ih of December, 1861, the floods came and laid waste our
beautiful well cultivated valleys. The rich were made poor in a day;
the poor were made poorer, they had nothing but their energy of
character left. They are willing to work, but no employment can be
had. We hoped that in about forty days we should be able to let some
contracts, and give our suffering citizens work to do, pay them in
money for their labor, and in this way to start them again in the
world. Those who had clothes and provisions to sell would have sold
on credit to our citizens, with such a prospect of getting work. We
had caused the survey of districts to be made, so that the calculations
and computations were divided into small sections, each of which
included one person's frontage, with the object, as the law contemplates,
of offering such person the privilege of building the levee or other work
on the front of his own land, and thus enable him to live upon the money
paid for reclamation, while he at the same time was building a levee to
save his own property, which he could afford to do cheaper and better
than any other person.
But the Legislature blasted our prospects of having the work done
cheaply and helping our suffering citizens in this their time of
need: first, by entertaining a bill for a law to stop the work;
second, by the threatenings of individual members to repeal the
Act, and third, by borrowing one hundred thousand dollars of the
Swamp Land fund. Now we are told that the Legislature is using this
money at the rate of two thousand dollars per day--enough to keep
one thousand of our citizens at work every day the Legislature is
in session, whereby their immediate wants might be supplied without
receiving charity meals at the hands of the noblehearted people of
San Francisco and other places. Charity cannot last always; the time
will soon come when our people will be roaming about from place to
place, hunting a day's work, to buy food for themselves, their wives
and their little children. You in heart are with them, and opposed
to the improper use of the Swamp Land Fund. You are right upon that
subject. The people who have purchased these lands are proud of you
as their representative, standing, as you do, their faithful sentinel,
proclaiming their wants and demanding their rights. You and these who
think with you may be overpowered at your posts; but leave your record
pure, and reward will surely follow.
You ask "whether our surveys are adapted with a view to reclaiming
against such extraordinary floods as we have just experienced." In
answer I can only say that our surveys are adapted to any size of
levee, and all we have to do is to make the estimates according to
the highest water. Only one engineer has recommended an increased
hight of levee in his district in consequence of the late floods,
the engineers of the other districts having calculated their levees
in expectation that at some time the streams would rise much higher
that any flood we have yet seen. You will see by our report that we
have established twenty-eight districts, containing three hundred and
eighty-one thousand and thirty-four acres, of which the State has sold
two hundred and eighty-seven thousand four hundred and ninety acres,
leaving vacant nine hundred and thirty-five thousand and forty acres,
on which has been paid into the Treasury one hundred and forty thousand
three hundred and nine-two [sic] dollars and ninety-two cents. On these
districts we have had seventeen engineers at work--most of them old
and experienced workmen. In the office we have their combined
information, and can call them together for the discussion and
settlement of scientific questions at pleasure, and we frequently
avail ourselves of their knowledge and experience. The lands in the
established districts are all easily reclaimed under the present system
with some little amendment to the law.
We understand that there are three general principles at work against
the Swamp Land Act. First, the holders of large grants see in the
reclamation of these lands a decrease in the demand for lands held
by them; second, speculators cannot contemplate with approval the
idea of lands being so cheaply reclaimed without a chance of making
fortunes by it; and third, the owners of claims against the General
Fund of the State, who desire to be paid out of the Swamp Land Fund
because it has cash in it. All of these parties can give good reasons
for their opinions, and are no doubt satisfied they are right.
We look to the ultimate reclamation of all the swamp lauds in this
State. A part of the information necessary to determine a general
system of reclamation is now in our possession, and every month we
are adding to that store of knowledge. We now have the scientific
information that satisfies us beyond a doubt, that we can reclaim
District No. 1, lying between the American, Sacramento, Feather and
Bear rivers; also, District No. 2, lying between the east bank of
Sacramento river and the high lands on the east of the Tule, and
between the American river on the north, and the Mokelumne river and
Burton's slough on the south. There are others which will appear in
our official report; but we cite these, they being the most important,
as an example of our hopes of success. The two districts embrace about
one hundred thousand acres of the finest land in the State. Sacramento
city is included in District No. 2, and must be reclaimed with the
district. Under the law we can appropriate forty thousand dollars out
of the Swamp Land Fund towards its reclamation, the balance necessary
can be raised within the city and district during the course of this
year. For details we refer you to our report.
We have no secrets in the discharge of our duty. .We cheerfully render
your Committee or the Legislature any information in our power. The
subject is an inexhaustible one; the more we investigate it the more
we find to investigate. To me it has become a most interesting study,
an interest which increases every day, while we look forward fondly
anticipating the time when we shall see this beautiful country protected
against floods, and its inhabitants secure and happy in their cheerful
homes. With sentiments of esteem,
I have the honor to be your obedient servant,
A. M. WINN,
President of Swamp Land Commissioners.
THE CALAVERAS BLOCKED UP.--The Stockton Independent of January
31st says:
Persons who live in that neighborhood inform us that the Calaveras
river has been choked up by large trees end brush, which are deeply
imbedded in the mud and debris of the old channel, near the head of
Mormon Slough, so that in high water the main body of the stream runs
over its south bank and enters this slough, leaving the lower part
of the river channel comparatively dry. It is quite clear that if
these obstructions are not removed the Calaveras will cut for itself
a new channel, and make its regular debouchement into Mormon Slough
hereafter, to the great danger of this city.
THE UNION.--The citizens of our community never so fully realized
the value of that excellent newspaper, the SACRAMENTO DAILY UNION,
until deprived of it by the recent storm. They unanimously vote
it one of the institutions of the country.--Amador Ledger.
BOARD OF SUPERVISORS.
SACRAMENTO, February 3, 1862
The Board met pursuant to adjournment at 2 P. M. Present--Supervisors
Granger, Hite, Russell, Dickerson, Waterman and President Shattuck. . . .
A communication was received from E. H. Miller, Jr. and Jno. Leavitt,
of Virginia Clty, Nevada Territory, setting forth that they are the
owners of lots and buildings on K and L streets, Sacramento, and that
the same had been badly damaged and much depreciated in value by the
recent floods, and asking permission to fill up the streets in front
of their lots on K street to the extent of two feet, and on L street
to the extent of one and a half feet above high water mark. Referred
to the Committee on Streets. . . .
The Board then adjourned to meet at 10 o'clock this morning.
THE LEGISLATURE.--The wise and sagacious members of the Legislature
have seen fit to adjourn, temporarily, to San Francisco, preferring
the horrible disasters of an earthquake to a pleasant and genial boat
excursion from their boarding houses (in Sacramento,) to the Capitol.
They have committed a great error, and one, too, that they will heartily
regret, if they ever appear before the people again for a similar
position. We are aware that things were not as pleasant and comfortable
as might be desired, or as they expected; but then, under the
circumstances, we cannot indorse their action, and neither will the
people, for many and various reasons; the most essential one of which
is, at this time, that of aiding and encouraging a woe stricken people,
by remaining at their posts and performing their duties. If ever a
community needed the sympathy of the people, and was justly entitled
to it, it is the inhabitants of Sacramento. Millions of dollars have
been invested in that city; public works that are an ornament to any
State, have been erected at a heavy expenditure; among which we can
mention the Pavilion, and added to this are the State Fair grounds,
which were in a good and proper fix, and intended for the benefit of
the State at large, and it behooves the members of the Legislature,
as servants of the people, to guard against their downfall. But are
they doing it! We think not.
Removing the Legislature from that city upon the grounds that it is
unsafe and liable to be overflowed by our heavy Winter floods, will
not only deter capitalists from settling there, but will be the means
of removing capital from there that would otherwise remain, though
its safety from overflow might not be the best. Take the wealth away,
what is to become of the poor class, which constitutes the major portion
of the population? The poor man is dependent upon the rich for his
little home and daily bread. Therefore, remove the Legislature from
Sacramento and the result is the removal of the wealth and the complete
ruin of the poor man. The members of the present Legislature may keep
their "machine" moving all Winter from earthquakes and floods, and
squander all the money within their power, and depress and starve the
poor, still there will be one thing that they cannot control, and that
is the voice of the people. The proud satisfaction of knowing that
they will have to remain at home in the future is a small morsel of
consolation to them.
We hardly think the Capital can be established at any other point
than Sacramento, for its geographical position demands that it should
remain where it is. Flood upon flood may come, and still the people
will not demand a change. The State is able and should appropriate
an amount sufficient to make that city secure in the future from all
such disasters as have befallen it this Winter.--Auburn Advocate.
THE LEGISLATURE.--Our State Legislature has finally adjourned to
San Francisco for the remainder of the session. That such action
would be decidedly unpopular, they were well aware, and it required
a week's adjournment to enable the members of this Republican
institution to fortify their courage sufficiently to dare the
public indignation. Thus does the first act of the great immaculate
Republican party illustrate the principles of retrenchment and reform
it has professed to advocate. The Bee estimates the expense
of removal at $100,000, and states that $30,000 of that sum have
already.been expended. Did the necessity of incurring this great
expense really exist? It is indeed true that the present condition
of Sacramento would for some time cause inconvenience to delicate
members, yet such a state of affairs cannot long exist, and the
people would have by far preferred an adjournment for a time than
that this enormous and needless expense should be thrust upon them;
and (with all due deference to the delicate sensibilities of those
gentlemen who have the public weal so much at heart, composing the
great model-reform party), we may with safety add that the tax-payers
of this State had rather do without Republican legislation for the
season, than to defray the expenses incurred by such unwarrantable
extravagance. If this is a fair sample of Republican legislation,
it is better that we cry for quarter at once, settle up for the damage
thus far committed without murmuring, and let these effeminate
Republicans return to their homes--if they are out of water--where
soft hands can swathe their delicate limbs in dry flannels, poultice
their heads and soak their crackers and cheese in catnip tea. [Very
good prescription.]
When the assembled dignity, with its train, arrived in San Francisco,
the proprietor of Hayes' Park offered most excellent accommodations
for the carrying on of their future operations in retrenchment and
reform, free of charge, but to accept would be too parsimonious an
act for the great Republican Legislature of California, and another
place was selected at a cost of $1,000 per month. Thus has it cost
the State of California about $100,000 to erect a monument over the
grave of defunct Republicanism.--Amador Ledger.
VOTE ON THE REMOVAL OF THE CAPITAL TO SAN FRANCISCO.--We notice that
our Senators, Messrs. Gallagher and Lewis, both voted against the bill
to remove the Capital. In the Assembly, Griswold voted for the removal,
Campbell was absent on leave, while O'Brien declined to vote.
We believe it would have been better policy for the Legislature to have
remained at Sacramento. When the servants of the people cannot endure
the natural inclemencies incident to the State they represent, it
would be well for them to resign, and we will venture to assert that
as good men will be easily found in the State as the honorable members,
who will agree to remain in the Capital and take their chances during
the rainy season. This making a migratory institution of the State
Capital on account of a little additional fresh water, does not speak
very well for the fortitude of our public oflicers. : While our friends
in the loyal States are braving fire and water, snow and sleet, in the
service of their country, exposed to all the rigors of a Northern Winter,
without any covering save army tents, our gallant and chivalrous
legislators dare not even expose their well polished boots to the
water of our inundated Capital. In '49 or '52, two-thirds of the
present members would have prayed for just such rainy days, in order
to make money enough to furnish them with victuals. Truly Californians
are retrograding fast in all that constitutes true
manhood.--Calaveras Chronicle.
A MARVELOUS STORY CONTRADICTED--THE FLOOD OF 1862.--A few weeks since
we stated on the authority of an ancient Mexican, that in the year 1828
there was a flood which laid the site of Stockton some fifteen feet under
water. The same informant averred that the ground on which Sacramento
stands was that Winter covered to the depth of twenty feet. At the time,
we only gave this story as the account of an old "native Californian,"
having but little faith in its truth. Captain Weber, who has lived in
this valley for the last twenty years, says he never saw the water as
high prior to 1852 as it was that year. There are still old attaches of
the Hudson Bay Company living in this part of the State, who trapped
and hunted in the valleys of the Sacramento and San Joaquin for fifteen
years before Captain Weber came to the country, or thirty-five years ago.
They confirm the Captain's statement, and add that for the fifteen years
prior residence of themselves, there was no flood equal to that of 1852.
This knocks away the underpinning of the Mexican's marvelous story, which
we think was a mere fabrication. The flood through which we have just
passed bears with it evidences of such a character as to denote an event
not likely to be repeated in another century.--Stockton Independent.
HOW THEY VOTED.--We are much gratified to learn that our Assemblymen,
Seaton and Waddell, voted against the removal of the Legislature from
Sacramento to San Francisco. Neither the little dash of cold water,
which for a short time would inconvenience them at the Capital, nor
the allurements of the Bay city, conld induce them to so far disregard
the wishes of their constituents as to vote for a measure so repugnant
to them.--Amador Ledger. . . .
NOTICE.
THE UNDERSIGNED HAVING taken the UNITED STATES HOTEL, corner of
Front and R streets, and the only high and dry Hotel in the city during
the late floods, hopes by strict attention to his business to merit a
share of custom from the traveling community in general and the city
community in particular, in case of another flood.
fe4-1m4thp J. J. DENNIS. . . .
p. 3
CITY INTELLIGENCE.
. . .
THE LEVEES.--While Committees, engineers, writers, theorists and
mechanics are busily engaged in discussing the various propositions
for the ultimate leveeing in of our city, considerable anxiety is
felt by many of our citizens on account of the present condition of
the existing levees and the necessity for additional work on them in
the way of repairs. The members of the Committee of Safety appear to
have come to the conclusion to do nothing further at present, but to
wait until the general plan is agreed upon, the proper authority
obtained from the Legislature and the new levees are started under
the control of those to whom such authority may be delegated.
Considerable time must of course elapse before this work can be got
under way. In the meantime the city is constantly exposed, if the rains
continue, to the destructive current of the American river through
the crevasse at the tannery. The evil and injury from this source,
on account of the washing of the new channel and the formation of the
bar across the bed of the old river, increase with each successive flood.
It is impossible to calculate what injury may be done between this and
Spring, if the levee at the tannery is permitted to remain in its
present condition. The Committee of Safety have spent, we understand,
about ten thousand of the sixty thousand intrusted to their charge. Is
it not their true policy, all things considered, to proceed at once and
repair once more the levee at the tannery.. . .
FUNERAL OF JOHN C. BARR.--The funeral of John C. Barr took place yesterday
afternoon, from his late residence at Seventh and I streets. It was
attended by members of Sacramento Commandery. No. 2. of Knights Templar;
of Washington Lodge, No. 20, of F. and A. M., and of Sacramento Chapter,
No. 3, of Royal Arch Masons. The funeral proceeded to Fourth and L streets,
at which point boats were taken for the City Cemetery. The funeral ceremony
was performed by the Rev. W. H. Hill.
THE WATER.--Neither the water in the Sacramento river or that in the
lower part of the city appeared to rise yesterday in consequence of the
rain which prevailed through Sunday night and yesterday. It is reported
by telegraph that throughout a great portion of the mountain district
snow fell instead of rain, from which fact we may fairly infer that we
shall not have another inundation of the business portions of the city
at the present time. . . .
PROGRESSING.--The work on Colby's bridge at Sutter's Fort is progressing
as fast as the weather and circumstances will permit. It will he
completed at least as soon as country teams can get to and from the
slough, on account of the prevailing mud and water.
RAIN.--The rain which commenced at dusk on Sunday evening continued
until about three o'clock P. M. yesterday. The entire amount which fell,
we learn from Doctor Logan, is 1.250 inches. . . .
LAST EVENING.--Moonlight, starlight, clear and cold. Wind in the northwest.
Hopeful promises of fair weather, to be broken probably today or to-morrow.
AT WORK.--Operations were commenced yesterday, by hands in the employ of
E. Fell, in preparing to raise the steamer Gem from the bed of sand in
which she rests. . . .
REPAIRED.--The opening in the north levee, at Seventh street, has been
repaired by the cooperation of the residents of the vicinity. . . .
LAND SLIDE.--On the morning of January 21st; a land slide occurred at
Fort John, Amador county, which carried away the cabin of Kaler, killing
the owner and a squaw, who were occupying it at the time. . . .
[For the Union.]
IS THE SACRAMENTO VALLEY INHABITABLE ?
MESSRS. EDITORS: No subject is of mere interest to the fifty thousand
people who have heretofore composed the population of this valley than
a correct answer to the question which heads this article. If nothing
can be done to retain the rivers within their natural or artificial
banks--if new and additional channels cannot be made--if the sbort curves
and bends of the streams cannot be lengthened, or other means found
within the range of human experience and human effort to cause the
water to pass to the ocean without spreading over the valley; then
the people who reside here must find for themselves some other place
on which to erect their homes. The same causes which combined to
produce the floods of last Winter, and of the present Winter, may
conspire again to produce a flood next year, or that which will follow.
What has occurred may, and probably will occur again. However great the
fertility of the soil, men will not again erect valuable houses,
construct costly improvements, and gather about them large flocks and
herds, unless satisfied that they can be protected from the devastations
of such a flood as that which so lately passed over them.
Persons born and educated in sections of the country which have no
topographical resemblance to the Sacramento Valley and its surrounding
mountaln ranges, and who have not been heretofore called upon to
investigate the subject, may, perhaps, naturally conclude that what
they have seen can have no parallel and is without remedy. Editors
of newspapers publish the wildest speculations and the most crude
fancies, one going so far as to assert "that it has been computed
that a levee one hundred feet high would not contain the river during
the late flood."
On this subject, we are not without the experience of other people
and of former periods. The civilized nations of the highest antiquity
were chiefly inhabitants of valleys and alluvial plains. When mankind
ceased to be hunters, and commenced the cultivation of the soil, they
sought the low valleys and margins of streams, because in these
situations the earth was more easily worked and yielded to the same
labor more abundantly than in the hilly districts. The oldest records
and earliest evidences of civilization are connected with the building
of levees or the confining of rivers between artificial embankments,
the diversion of streams and other means to prevent the inundation of
valleys by the sudden overflow from the rivers running through them.
The entire inhabited portion of ancient Egypt was a low, flat country,
liable to inundations from the Nile. Records kept through a series of
ages show that the mean of the rise of the river was thirty feet at
Thebes and twenty-five at Cairo, but it frequently exceeded this.
Levees were constructed to prevent overflow upon the basis of
twenty-eight feet rise at Cairo, and when it exceeded this it caused
great destruction throughout the valley. The levees and canals
constructed by the ancient Egyptians to regulate the overflow of
the Nile and distribute its surplus waters for purposes of irrigation
are among the most wonderful remains of the works of that people.
The country around Babylon was flat, and only prevented from being
frequently inundated by levees on the banks of the Euphrates. The
country on the west side of the river had been annually overflowed
from the earliest period, and tradition ascribed to Semiramis the
construction of the levees which, when Babylon was a city, retained
the river within artificial banks. This country, once so productive
by reason of its levees and canals that popular belief designates it
as the Paradise of the Bible, is now by the neglect of its present
inhabitants turned into a waste, annually overflowed, in which the
waters stagnate. Layard, in writing of the remains of the levees and
canals built by the Assyrians, says the remains exist of a system of
embankments and navigable canals for retaining the water within
artificial banks and the disposing of the surplus, that may excite
the admiration of even the modern engineer. These connected together
the Euphrates and the Tigris. With a skill showing no common knowledge
of the art of surveying and the principles of hydraulics, the Babylonians
took advantage of the different levels of the plains, and of the
periodical overflow of the rivers, to complete the water communication
between all parts of the valley, and to fertilize an otherwise
unproductive soil. A singular discovery of his is worthy of mention.
In making excavations in the mound which covers the remains of the
palace at Nineveh, Layard sunk a shaft to ascertain the manner in which
the foundations for their buildings were constructed, he found that they
were built directly upon the alluvial soil of the valley. In sinking
below this he found layers of pebbles and broken pottery, which were
evidently a portion of a levee built by some former people to prevent
overflow from the Tigris, which at one time flowed at the base of the
palace. The Romans embanked the Tiber, near Rome, and the levees on
each bank of the Thames, above London, which protect from floods and
Spring tides several thousand acres of the richest garden ground, were
constructed at so remote a period that they also are supposed to be the
work of the Romans. The commencement of modern embankments in England
took place about the middle of the seventeenth century, under Cromwell.
He gave the direction of the work to Vermuyden, a Flemish engineer,
who in a few years reclaimed 425,000 acres of swamp and overflowed land
in Lincolnshire, Cambridgeshire, Hampshire and Kent.
The subject of confining between artificial banks rivers flowing from
mountainous districts, and liable to sudden overflows, has engaged the
attention of Governments and engineers for a long period. It is not
something new which we are called upon to investigate for the first
time. A vast number of experiments have been made, and the laws which
govern large bodies of water in motion have been duly ascertained.
The topography of this valley, lying between two ranges of mountains,
and its system of drainage is not unlike that of the valley of Lombardy
lying between the Alps and the Appenines, and drained by the river Po
and its tributaries. The Po takes its rise in the Alps, receiving the
drainage of the southern declivities of this range of mountains. It
flows in an easterly direction for nearly five hundred miles, and
discharges its waters into the Adriatic, about thirty miles south of
Venice. Its waters are liable to sudden increase from the melting of
snows and heavy falls of rain, the rivers that flow into it being
almost all mountain streams. During its long course it receives a
great number of tributaries, its channel being the final receptacle
of almost every stream that rises on the eastern and southern declivity
of the Alps and the northern declivity of the Appenines. The flat
country on the lower part of its course was subject to annual inundation.
Levees were first constructed on its banks during the time of the Romans,
and during the past four hundred years those levees have been the constant
care of the Government. No other river in the world has had its motions
so much scrutinized by the scientific men and practical engineers of Europe.
The result of their investigations and experiments are the formulas which
guide engineers in the making of embankments to prevent the overflow of
rivers. It was the subject of one hundred years litigation between the
inhabitants of the Bolognese and Farnese whether the waters of the Rheno,
should be thrown into the Trenco de Venezeua or the Po Grande. This
occasioned many experiments to be made, and measures to be taken of
that section of the Po and its declivity, and the quantity of water
which it contains in the different stages of its fullness. The Po
receives no rivers from Stelletta to the sea, and its slope in that
interval is found uniformly six inches to the mile. Its breadth in its
greatest freshets is seven hundred and fifty-nine feet at Lago Scuro
with a very uniform depth of thirty-one feet. In its lowest state its
breadth is not less than seven hundred feet, and its depth about ten
feet and a half. Its velocity, as established by repeated observations
during great freshets, is fifty-five inches per second. Here is a river,
more rapid, larger, and twice as long as the Sacramento, receiving the
melting snow of two ranges of mountains, and the drainage of valleys
where the annual fall of rain exceeds forty-three inches, which for
hundreds of years has been successfully retained between artificial
banks, and it is but one of numerous instances that might be cited.
Our own "Father of Waters" ought not to be omitted. Much of the
Mississippi valley is below the surface of the water in the river, and
is only protected from annual inundation by levees varying from five
to thirty feet high, and extending with the banks of the river over
a distance of one hundred miles. What has been done in other countries,
under mere difficult circumstances than any we have to overcome, may be
accomplished here, and the more readily and cheaply because we have the
results of their experience and the history of their mistakes. No
engineer would dare hazard his reputation as to the details of how
the work is to be accomplished until after a survey and investigation
of the difficulties to be overcome. But having seen that works of
greater magnitude have been successfully accomplished, there is little
presumption in concluding that this may be done. The plan to be adopted
depends upon facts yet to be ascertained. Those facts, however, are all
within our reach. The course, the fall, the size of the channel, the
amount of water and the nature of the soil or earths over which it flows
all are readily found. The feet or gallons of water which at any stage
of the late flood were actually in the valley, may be measured with as
much accuracy as a grocer would gauge a cask, and everything else
pertinent to the case may be ascertained with certainty. Obtain that
knowledge and the plan readily follows. But though speculation, without
facts, is not only idle but dangerous, it may aid in confirming rational
conclusions to have in simple form a few of the leading principles
proven by the scientific investigations above referred to. These may
be briefly stated as follows: The principles governing water in motion
are not affected by quantity, but govern alike in a half inch tube or
in the broadest river. The amount of discharge through a channel or
aperture depends primarily on two things--size and form of aperture and
velocity of motion. As estimates of size and form depend on ordinary
rules, they may be dismissed by merely observing that the best form
for a channel, as shown by experiments. is a semicircle, and that nature,
in wearing channels for rivers, strives, as it were, to obtain that form.
The chief object of the rules, is to ascertain the effect of various
causes on the velocity with which waters move. These again may be
considered under two heads, viz: depth of channel, and slope or
inclination of source to mouth. Supposing the latter constant or to
remain the same, depth has two immediate effects; it decides mean
velocity where it is constant, and it accelerates it where it is
increased. Experiments have established these two important rules:
First--Owing to friction, the velocity desreases in regular order
from surface to bottom. The current being measured on the surface,
the velocity of the bottom is ascertained by the following rule:
"From the square root of the velocity of the surface subtract unity
and the square of the remainder is equal to the velocity of the
bottom." Half the sum of these two velocities is equal to the mean.
For example, suppose the current on the surface to run 25 feet per
minute, then the square root of 25, less one, equals 4, and the square
of 4 or 16 equals the velocity of the bottom. One-half the sum of 25
and 16, or 20-1/2, equals the mean velocity. This, through a foot
aperture, will discharge 20-1/2 cubic feet of water in a minute of
time. The rule is founded on experiments, and may vary if run to
ultimates, but within the limits of experience it must be observed.
But though the relation between bottom and top is not affected, the
actual motion is materially increased by the increase of depth on the
same declivity. That is, of two rivers or streams of any size having
the same slope, the deeper will run the faster. The rule or principle
observed in this relation is that the velocities are to each other as
the square root of their mean depths. That is, in the case supposed,
if one of the rivers be sixteen feet and the other twenty-five feet
deep, if the former runs four miles per hour the latter will run five
miles per hour, or in the ratio of the square root of sixteen to the
square root of twenty-five. This rule is also true of all cases, whether
the streams be large or small, deep or shallow. The only precaution
needed in applying it, is that the depth must arise, not by adding to
the fountain or source, for that would change the slope, but by
depressing the bottom from source to mouth. These two rules are
sufficient for nearly all purposes
where this inclination is constant, and if applied will obviate many
errors.
As however slope varies, as the floods are piled up at the fountain, it
is necessary to inquire what rules govern in changes of inclination.
As these are modified by circumstances the first step in the calculation
is to reduce the form of the channel to a given form before applying
the rule. As the velocity is so retarded by friction, the form adapted
is a regular one, which expresses the amount of friction to which the
water is exposed in the true channel. This is done by the following
rule: Divide the area of a cross section of the channel by the length
of the line across the bottom from side to side, from surface on one
side to surface on the other, including all inequalities. The quotient
is called the hydraulic depth, and is equal to the depth the water
would flow if the same amount passed through a channel with flat
bottom and perpendicular sides. Multiply the hydraulic depth thus
found by the fall in feet per mile, and extract the square root of
the product. Eleven-eighths of this root is equal to the mean
velocity of the current, in feet, per second. For example, suppose
the hydraulic depth of a river is ascertained to be sixteen feet,
and the fall per mile one foot; the square root of the product of
these two numbers equals four, and eleven-eighths of four equals five
and a half--the number of feet at which water under these circumstances
will flow in one second. The formula from which this last rule is
deduced is intricate and subject to various modifications. It is
given as an average of results. The tables are made for a great variety
of changes, including all that are likely to occur in practice. Actual
observations have shown that, for ordinary cases, the increase of slope
is followed by an increase in velocity in nearly an arithmetical ratio,
and is so used in preliminary calculations.
Applying the above rules to a supposed case not widely different from
the Sacramento. Suppose a channel 12 feet deep, 600 feet wide, is
raised by floods at its source to 36 feet in depth, and an embankment
on each side of 6 feet be added, giving a third depth of 42 feet, what
amount of water is discharged in each stage on the supposition that at
12 feet its mean velocity is 2 feet per second? The currents, according
to the second rule above given, would stand to each other in the relation
of the square roots of these different depths--say 3-1/2, 6 and 6-1/2.
The increase of velocity, owing to increase of slope, is say in proportion
to the depths--that is as 2, 6 and 7; and compounding these two
proportions, the velocity of discharge will be in the ratio of 14, 36 and
45-1/2. The area of the first aperture equals width multiplied by depth,
or 7,200 feet, which would void 14,400 cubic feet per second. At 36 feet
depth the area equals 21,600, and it would void 222,170 cubic feet per
second. Adding embankment, making depth 42 feet, and it would void 327,600
cubic feet per second. That is, an embankment of 6 feet would make a
difference of 105,430 cubic feet per second, increasing the capacity of
the channel nearly one-half. The effect of this increase may perhaps be
better illustrated in this way: in a square mile there are 27,875,400
square feet; the above surplus would cover it a foot deep in 264 seconds
of time. This difference can be greatly augmented by setting the levees
back from the bank and in other ways. But, as has been said, it is not
only idle but dangerous to speculate without data. Different curves in
the bank, different slopes on different bends, different materials over
which the waters flow, different data of any kind from what is here
supposed, it will be perceived by the above rules, have no given ratio
between estimated results. If what has been written above shall aid in
turning the public attention to a rational view of the subject, the
end proposed is accomplished, viz.: that we may rationally conclude
that the Sacramento valley may be protected against floods, and that
science and experience can be relied on to furnish the plans for
doing it. J. & R. . . .
REMOVAL OF THE LEGISLATURE.--The Legislature has again, so far as the
members thereof could do, made the seat of government a "floating
institution." The people of the State of California for themselves
decided the locality of the Capital, and it was reasonable to suppose
that the subject was finally settled, but we are told that a flood
came--destructive in character and remarkably unpleasant to the members
of the Legislature--and in order to subserve exclusively the
convenience, and to satisfy the whims of honorable Senators and noble
Representatives in their fancied ideas of pleasure and enjoyment at the
Bay, they resolved to take up their abode there, regardless of their
constituents, who have to foot the bill, or of the predicament incurred
should the Supreme Court hold that the laws passed at that place were
unconstitutional. If Sacramento city had been rendered by water, or
otherwise, untenable--no "very unpleasant "--while all the other portions
of the State were unaffected, why, the members could have been excused
for condemning her and repairing to some other place (even in that event
we hold that a law and not a resolution would have been required); but
such was not the case--the whole State, from San Diego to Siskiyou, was
suffering under the effects of the storms: the people of nearly every
locality subjected to loss, much inconvenience and any amount of discomforts.
They have to bear them as best they can, while their temporary agents,
because Sacramento could offer no inducements in way of theaters, sports
of pleasure, or fascinating scenes common to large cities, they must
adjourn to meet in San Francisco. How easy to vote aye on a proposition
which will cost the people one hundred thousand dollars. What need they
care? Many of them, after the Legislature adjourns, will never be heard
of again, unless, possibly, their names be recorded in the passenger list.
Human beings are strange beyond all other animals; many of them are
ruined, and that forever, by clothing them with a little brief authority.
See them "down below " making laws of course--many of them could not tell
you whether a Coroner held Court, or a District Judge convened a Grand
Jury, still they will stand up as large as life when a proposition has
been moved on the outside and call out, " Mr. Speaker, I vote aye," without
ever thinking of the cost. We repeat, what need they care for expenses,
they are working for party and it so happens just now, the Republican party.
Oh you Republican sticklers for purity, economy and reform, the people of
the State will hold you accountable for the unnecessary expense of moving
the Legislature to San Francisco, one hundred thousand dollars will be
placed to your reformed account. If Sacramento really was in such bad
condition, why did you not adjourn for four weeks, that would have given
time for the floods to be assuaged and no additional cost incurred thereby
to the State. We are pleased to learn that the members from El Dorado
county voted against the resolution to adjourn to San Francisco. In
doing so they reflected the will of their constituents--they knew the
right, and as worthy representatives, defended it--for which El Dorado
will kindly remember them. As to what Republicans may do, nothing would
surprise us unless they should perform some praiseworthy
act.--El Dorado Times. . . .
METEOROLOGY OF SACRAMENTO.
[PREPARED EXPRESSLY FOR THE SACRAMENTO DAILY UNION.]
Abstract of Meteorology of Sacramento, with remarks.
By Thomas M. Logan, M. D.
[METEOROLOGY table. . . excluding precipitation & inundation?] . . . .
REMARKS.--Again we have to record the most extraordinary meteorological
occurrences, with their resultant effects, ever experienced since the
American occupation of the country--putting to fault some of our theories
and calculations. During the entire month, all the great valleys of
the State have been more or less inundated in consequence of continuous
rains, which have amounted here in one month, as seen in the table above,
to more than three-fourths of our average annual supply. On the 10th, the
water rose in this city twenty inches higher than the flood of the 9th of
December last, reaching the level of the river, which had attained the
unprecedented hight of twenty-four feet above low water mark. This is
satisfactory evidence that, copious as the rains have been here, they
have been still more so at the sources of our rivers, and doubtless
have there measured three or four times as much as at this locality.
A reliable communication from W. A. Begoli of Nevada informs us that at
a given period we had only about two-fifths of the quantity which fell
in that locallty, and which, from the 26th of December to the 12th of
January inclusive, amounted to nearly twenty-six inches. Doubtless in
some other parts of our steep and rugged mountain chains, which are the
great condensers of the vapor borne from the tropics by the southeast
trade winds, the precipitation has been still more copious; but we are
not prepared to credit all the accounts that reach us of the most
marvelous pluvial deposits, exceeding that of the tropics in our
hemisphere, which is estimated at 115 inches for the whole year. In
England the amount of rain that falls in the mountainous districts is
only a little more than double that of the less elevated portions of the
country; and the effect of the Alps is, that while the annual amount of
rain in the valley of the middle Rhine, and on the plateau of Bavaria,
is only 21 inches, in Berne and Tegernsee, at the foot of the Alps, the
rain is nearly double, or 43 inches. Thus, although the amount of
precipitation varies greatly in different localities, even in the same
latitude, still the mean annual fall in the North Temperate zone is but
37 inches, and we do not think it can much exceed double this quantity
in any part of our State.
No person who has not investigated the subject can form an adequate
idea of the immense quantity of water a single inch of rain over a
large area produces. It has been calculated that one inch, falling
over a surface of 1,000 square miles, would, in being drained off by
a river two hundred yards wide, with a current of four miles an hour,
raise said river eight.feet and keep it at that hight for twenty-four
hours. Now, when we consider that the Sacramento drains about 80,000
square miles [no, 27,800 sq. mi. + San Joaquin Cosumnes to Grapevine,
31,800 s.m. more] before reaching the city, we find no difficulty in
accounting for its late overflows without accrediting all the
exaggerated accounts we read of rain admeasurements. In this connection
we would remark that the Mississippi drains 1,226,600 square miles
[1,151,000] of territory, and yet two-thirds or all the real estate
capital of Louisiana lies below high water mark. Now the regimen of
that river shows that the levees have lowered its level, and by
concentration of its waters vastly increased the discharging capacity of
its channel--so much so as to induce a general settlement of all the
alluvion of the Mississippi, even where the water marks are several
feet high. Reasoning from analogy, therefore, it is readily perceived
that, great as may appear the amount of water to be drained by the
Sacramento, it is altogether insignificant when compared to that of
the Mississippi, and that it is quite practicable to provide a
sufficient channel for its discharge as well as for that of its
tributary, the American, by a judicious system of levees.
Among the meteorological eccentricities of the month, at variance
with our theories and past experience, we have to record the occurrence,
on two different periods, of heavy continuous rains for twenty-four
hours, with a northerly wind. Heretofore, a striking peculiarity of
the rains of California has been their irregularity, falling almost
invariably in showers with southerly gusts of wind, and seldom continuing
with any uniformity. But on these occasions the rain was steady and
settled, measuring in the first instance, on the 6th, 2.690 inches,
and in the second, on the 16th, 3.150 inches. Besides this unusual
phenomenon, we also have to note the heaviest snow storm ever experienced
here, and which lasted about eighteen hours. On the morning of the 29th,
the earth was found covered with a white mantle to the depth of about
an inch and a half, and it continued snowing more or less all day. When
melted, the whole measured in the rain guage 0.250 inches, which is
equivalent to about three inches of snow. Since this the weather has
remained fair and very cold, as shown by the thermometrograph, and we
trust it will prove the breaking up of the long term of warm southerly
winds and rains which, acting on the mountain snows, have produced such
overwhelming diluvial effects. In fact, we have experienced no cold weather
prior to the 27th, and hence may reasonably calculate upon a cold and
late Spring, with a more gradual melting of the snows above us.
Throughout all the storms of the month, the barometer has ranged lower
than it has ever done before at this period of the year. On the afternoon
of the 17th it fell to the minimum recorded above, which is the lowest
reading ever made with our Smithsonian instrument. These extraordinary
depressions of the mercurial column were attended alike with high winds
as well as rain. The most violent of these storms was experienced on the
evening of the 19th, after a steady declension of the mercury for
thirty-six hours. As the gale did not last long here, and did not prove
as violent as we had reason to anticipate from the low range of the
mercury, it is probable that only the outer edge of the great gyratory
movement of the atmosphere reached us. We learn that at San Francisco
the barometer ranged, all through the month, two-tenths higher than here.
The extraordinary meteorological occurrences of the month have not
been peculiar to this State. Our intelligence from Oregon represents
a similar state of things there, and it is probable that Washington
Territory and the entire Pacific coast, for a great distance up and
down this continent, has been visited in like manner.
Our observations have as yet been of too short duration to enable us
to approximate to any conclusion as to our weather cycles. A long
series are required to be combined and analyzed, in such a manner
that general laws may be separated from accidental disturbances,
before a truth can be extracted or a fact established. Such a season
as the present may not occur but once in a quarter or half a century.
On the western coast of Europe a theory has been advanced that the
culminating points of bad Winters occur every twenty or twenty-two
years. Our stormiest Winters may run in short and long cycles. At all
events, the laws which govern them can be read as intelligibly here
as elsewhere, and in due time we trust that the progressive science
of meteorology will enable us to obtain results from our observations
that may admit of a theory in regard to them which will afford some
warning of such a season as we are now experiencing.
LEGISLATIVE.--The desks, chairs and other articles which have been
packed from San Jose to Sacramento, from Sacramento to Vallejo,
from Vallejo to Benicia, and from Benicia to Sacramento, have now
been taken from the Capitol at Sacramento to the old United States
Court house on Battery street, San Francisco, opposite the Custom
House, which has been properly fitted up.--San Joaquin Republican.
The next move none can now say. Why would not it be a good plan for
the Legislature to have a large structure, in which to assemble,
erected on wheels? When members became a little tired of a place,
they could hitch up and put out for another--the people would pay
for it, of course.--El Dorado Times.
[CONCLUDED FROM FIRST PAGE.]
cide sir, and not the Speaker. That is the rule of the House. . . .
HIGH WATER MARKS.
Mr, Hoag offered the following:
WHEREAS, It is a matter of great importance to this State, and particularly
to the swamp and overflowed land districts, and the farming sections
bordering thereon, that the high water marks of the late floods
throughout the districts, should be correctly, uniformly, and
permanently secured, as a valuable reference and guide in determining
the proper mode to be adopted, and the amount of labor required for
the reclamation of those lands; and, whereas, the people who have
invested their money in and who reside on or bordering the same, being
most interested and best situated, immediately, and while those marks
are fresh and of easy discernment, to secure the same; therefore,
Resolved, That all such persons throughout the State, be, and
they are hereby, urgently requested, without delay, each upon his own
premises, and at such other places as he may deem important and in
conspicuous places, upon permanent trees. buildings, fence posts, or
other durable monuments, plainly to designate said high water marks,
by cutting thereon horizontal lines at the exact hights reached by the
late high water, and immediately above said horizontal lines to cut the
figures '62; also, that all persons living near the boundary lines
between the swamp land districts and the higher lands adjoining, be
and are hereby requested to drive stakes with the figures '62 cut or
painted thereon, into the earth upon the lines reached by the late high
water, sufficiently near together that said lines, with their meanderings,
may be easily traced.
Resolved, That all newspapers throughout the State where persons
may be interested in securing the above object, be requested to publish
in their papers the above resolutions and to call the attention of
their patrons to the same.
Mr. Maclay moved that the resolutions be postponed indefinitely.
Mr. Hoag said this matter had been suggested to him by one of the
most eminent topographical engineers in the State, a man who had been
in the employment of the United States Government for many years past,
and was familiar with all the great valleys on both sides of the
continent. He thought it was of the utmost importance that the high
water mark of the recent disastrous flood should be ascertained and
definitely marked out, for the benefit of those occupying the overflowed
lands, and to assist engineers and others in determining the proper
mode to be adopted in reclaiming and preserving these lands. Rather
than dispose of the subject hastily he would prefer to postpone it
till Monday.
Mr. Maclay said he had observed a disposition to protract this session
by the introduction of propositions which had very little bearing upon
legitimate subjects of legislation. They might with quite as much
propriety appoint a Committee to go to the moon to ascertainn [sic]
whether that luminary had anything to do with the Sacramento flood.
There were marks on trees on the Sacramento river, showing the high
water of previous floods, which were twenty feet higher than the last
flood, and on the American river five or ten feet higher. There these
marks stood as monuments of the folly of living on the banks of those
rivers. He hoped the resolution would be laid on the table.
Mr Hoag stated the object of the resolutions, and said he did not believe
there was a man living on these swamp lands, but would readily comply
with the request made, and consider that the practical survey he was
thus helping to make amply repaid his trouble. The Swamp Land Commission
had spent thousands in surveying lands, but they all knew that nature
was a more accurate surveyor than man. The marks of nature's survey were
now plain to be seen, and the object was to fix them permanently while
they were fresh, so that they might go down to future generations. The
engineer to whom he referred had told him that he had sometimes crawled
up the inside of a hollow tree with a lighted candle, in order to observe
the works of floods.
Mr. Meyers said if the object of the resolution was to stimulate the
attention of those interested, he thought it was a good one, and would
go for it if it entailed no expense hereafter. There were parties
interested who would neglect to make those marks, unless their attention
was directly called to the subject.
Mr. Bell asked if there would be any expense involved.
Mr. Hoag--None at all.
Mr. Bell said it had been stated that there were high water marks on
trees along the Sacramento and American rivers, far above the recent
flood, but he supposed the trees grew upwards, and that consequently
marks upon trees were about as unsatisfactory as they would be upon
floating blocks of wood. It might therefore be that those celebrated
trees that rumor speaks about, like that sycamore to which Gen. Vallejo
was said to have tied his schooner, might have grown considerably since
then. In the happy little valley of Oakland he had noticed the growth
of the live oak trees, and probably there were not one of them there
over one hundred years old. Gen. Vallejo rnlght very well have tied
his boat, fifty years ago, to the very top of some of those magnificent
oaks, with a low tide at that. He thought the marks should be made in
some solid, stable place, and trusted that if the resolution passed,
it would be with an amendment to that effect. He was sorry to hear his
friend from Santa Clara (Mr. Maclay) proclaim that it was known to all
mankind that the valleys of the Sacramento and other rivers were
uninhabitable, but the basis of that statement being the marks upon
growing trees, was not a very reliable one, and until there was better
evidence, he hoped they would still conclude that those great valleys
were the garden of the Pacific slope.
Mr. Maclay said the floods to which he referred were those of 1847,
1849 and 1853, and he supposed the trees upon which marks had been
made could not have grown ten or twenty feet higher since those periods.
There were the most positive proofs of the hight of the flood in '47.
The remarks of the gentleman from Alameda, in regard to the growth of
trees, reminded him of the boy who heard a cow bell in the top of a
tree, and his father told him that he remembered planting the tree
there thirty years before, when he was a boy, and it had grown up to
its present great hight, carrying the bell with it, swinging to the
breeze and ringing, and there the bell hung and rung to this day.
(Laughter.) The late flood would leave its mark at least in the memory
of the present generation.
Mr.Tilton of San Francisco said the resolution merely requested
certain persons to perform certain acts, and he thought the better
way would be to pass a bill empowering the Board of Supervisors to
direct the County Surveyors to erect permanent monuments of the hight
of the flood, the expense to be paid by the.several counties interested.
He would move the reference of the resolution to the Committee on Swamp
and Overflowed Lands, for the purpose of making such a report.
Mr. Brown said he saw no reason why the resolution should not pass at
present. It would cost nothing, and they knew by the experience of the
last flood that the inhabitants would derive great benefit from such
marks. There was one individual in Stockton who, to his knowledge, would
have saved $7,000, at least, had there been marks put up of the flood
in 1847, which he believed, not withstanding Mr. Maclay's remarks, was
the only modern flood higher than that of 1862.
The Speaker directed Mr. Tilton to put his amendment in writing.
Mr. Hoag said that in conversation with the engineer to whom he had
referred, the question of having the marks made by the county surveyors
came up, but the engineer replied that the men living on those lands,
and directly interested, would make those marks more certainly than any
officials. They would do it the moment they saw the suggestion, and they
were already upon the ground. If the subject were referred to the county
surveyors, it would not be attended to until spring, when the rains would
have washed out the marks on trees, posts and buildings; besides, there
would be a large expense incurred. If the resolution were passed now, in
less than a week all the marks would be made throughout the State.
Mr. Meyers objected to the proposition of Mr. Tilton, because he
thought it would create an unequal tax.
Mr. Eliason advocated that proposition, stating that what was everybody's
business was nobody's business. One of the greatest interests of
California was involved, and whatever action was taken should be taken
officially and actively.
Mr. Hoag said he would have no objection to the reference provided
the Committee were not instructed.
Mr. Tilton of San Francisco submitted his motion in this form:
"That the resolution be referred to the Committee on Swamp and Overflowed
Lands,.with instructions to report a bill directing the Boards of County
Supervisors to direct the Surveyors of such counties as have been
overflowed to erect permanent monuments at such points as they may
direct, and in such manner showing the highest point reached by the
flood of 1862." He said he thought it was necessary that people should
know exactly how high the flood of 1862 reached; and if they left it
discretionary with every man to record the marks of the flood, some who
desired to sell their property well would place the mark so as to show
that it was very little, if any, under water. The resolution would
therefore amount to nothing, and the only way to accomplish the object
would be by law, directing the County Surveyors to make permanent
monuments that once accomplished, would prevent any man from cheating
by placing his water marks where he pleased.
Mr. Saul said he was in favor of the reference without positive
instructions and believed it would be better not to leave the matter
to parties interested.
Mr. Fay said the proposition would involve a large expense which was
unnecessary. Every man would have a mark of his own at any rate, and
he would vote for the original resolution if it was distinctly understood
that there were to be no relief bills hereafter for services rendered
under it.
Mr. Tilton of San Francisco said such a provision could be inserted
in the bill, and the expense would be paid by the counties interested.
Mr. Fay replied that that could make no difference; the people would
have to pay the expense all the same.
Mr. Ames said he had been in this country through several floods, and
had seen the Sacramento vally [sic] under water for forty days. He had
shown people the hight of the water in those floods, and some of those
who refused to credit his assertions he presumed had been drowned in
the very flood. It was better that this work should be done by authority,
for no business man would go into the valley, and take the word of any
man of whom he proposed to purchase, as to how high the water was.
Mr. Pemberton said the swamp land commission had under the Reclamation
Act caused a great deal of engineering to be done last Summer, and the
levels had been taken for hundreds of miles in the
aggregate with a view to building levees. Most of the engineers would
go over their work to estimate the additional hight required in view
of the late flood, and it would be useless to involve either, the
counties or the State in any expense in those sections, because those
high water marks were already being recorded by authority. In other
sections he thought Mr. Hoag's resolution would be all that was necessary.
Mr. Eliason expressed a doubt whether the matter would be attended to
at all unless it were required to be done by positive law.
Mr. O'Brien moved to amend Mr. Tilton's motion so as only to require
the Committee to consider the expediency of reporting a bill on the
subject.
The amendment prevailed, and the resolutions were referred; with
instructions to consider the expediency of reporting a bill.
BRIDGE AT FOLSOM.
The House proceeded to the consideration of Senate messages, and
Senate. Bill No. 40, an Act to grant the right to construct and
maintain a bridge across the American river, near Folsom, in the
county of Sacramento, was read twice.
Mr. Ferguson moved that the rules be suspended in order that the
bill might be read a third time, and said it only empowered the
parties interested to rebuild their bridge, which had been swept away
by the late flood. They had twice built a bridge there, and now
proposed to build it twenty feet higher than ever before. It was a
local bill upon which the Sacramento delegation all agreed, and it
was absolutely necessary that the bridge should be rebuilt immediately.
The old charter only granted the franchise from year to year, but the
new bridge would call for the investment of too much money to warrant
them in going on with a temporary charter only. They now asked for a
longer franchise to enable them to borrow money if necessary, and it
was desirable that the bill should pass at once.
Mr. Fay said he objected to suspending the rules as a matter of principle,
desiring that all bills should go through their regular course, and
intended to move the reference of the bill to the Sacramento delegation.
However, as the delegation were already agreed upon it, he would withdraw
his objection.
Mr. Collins said he objected.
Mr. Dudley of Placer said he could not understand why the bill should
come up in this shape, and he thought it ought to be referred to the
delegations of the several counties interested.
Mr. Saul said he saw nothing objectionable in the bill. The corporators
asked only for permanent franchise for twenty-flve years, which would
warrant them in making the necessary outlay. Their rates of toll would
still be under the control of the Sacramento Board of Supervisors.
Mr. O'Brien said this debate was not in order because there was one
objection, which was sufficient under the rule to prevent the bill
from taking its third reading.
Mr. Eagar said he objected, because the bill was a very important
one, and he would not withdraw his objection.
Mr. Ferguson said he knew it was important, but it was of very great
importance that the bridge should be rebuilt immediately. The roads
in that direction had all been rendered impassable by the late floods,
bridges had been broken up, etc., and he hoped gentlemen would withdraw
their objections.
The Speaker, while Mr. Ferguson was still speaking, recognized
Mr. Hillyer.
Mr. Ferguson--Have I or not the floor?
The Speaker--The gentleman has not.
Mr. Ferguson--How did I lose it, Mr. Speaker? I had not taken my seat.
The Speaker--The objection having been insisted upon, all debate ceases.
Mr. Ferguson--I am appealing to gentlemen to withdraw the objection.
The Speaker--The gentleman is not in order, and will take his seat.
Mr. Ferguson--I shall not yield the floor upon this dictation of
that Chair.
The Speaker--The gentleman is not in order.
Mr. Ferguson--The courtesy I owe to your position.
The Speaker--The gentleman is not in order.
Mr. Ferguson--If I am out of order the Chairman can give me a reason for it.
The Speaker--The gentleman is not in order, and will take his seat.
Mr. Hillyer has the floor.
Mr. Ferguson--The gentleman will not take his seat--
Mr. Hillyer said the counties of Placer and Sacramento were immediately
interested in the bill, and since it must be referred, he moved to
refer it to those delegations. A member suggested that El Dorado be
included.
Mr. Hillyer accepted the suggestion.
Mr. Avery moved to include Nevada also.
Mr. Dudley suggested that the bill be referred to the Committee
on Corporations, and then all interested could go before that
Committee.
Mr. Ames moved to refer it to the Cammittee on Corporations, with
instructions to report on Monday at 11 o'clock; and the other motions
to refer were withdrawn.
Mr. Ferguson--I rise to a question of privilege.
The Speaker--If the amendment is withdrawn. There is only the original
motion before the House.
Mr. Ferguson--I rise to a question of privilege.
The Speaker--There is a subject before the House, that being disposed
of, the gentleman can rise to a question of privilege. The resolution
now is to refer the bill to the Committee on Corporations, with
instructions to report on Monday.
The bill was referred accordingly. . . .
REMOVAL OF STATE OFFICERS AGAIN.
The Clerk read, as a part of the Senate messages, the title of Senate
Bill No. 16--An Act to fix the temporary residence of State officers,
etc.--with a statement that the Senate had agreed to a report from the
Committee of Free Conference upon that bill.
The Speaker said the question was on adopting the report.
Mr. Ames moved that the bill be made the special order for Tuesday, at
twelve o'clock.
Mr. Shannon--Do I understand the Chair that that bill is again before
the House, after having voted to reject the report of the Committee of
Conference? I move that it be laid on the table.
Mr. Ames--I think my motion takes precedence.
Mr. Shannon--I hope the Speaker will understand his business about
that matter.
Messrs. Ames, Maclay aud Frasier called for the ayes and noes on the
motion to lay on the table.
Mr. Eagar called for the reading of the bill for information, and it
was read without the amendments.
The Speaker--First reading of the bill. The question is upon laying
the bill upon the table. That motion takes precedence.
Mr. Saul--What will be the effect of not laying it on the table?
How would it stand then?
The Speaker--The motion in order before the House, is the motion of
the gentleman from Plumas, to lay the bill upon the table. The motion
of which that takes precedence, is the motion of Mr. Ames, to make it
the special order for Tuesday at twelve o'clock.
Mr. Tilton of San Francisco--It will require a two-third vote to get it
up again if it is laid on the table.
Mr. O'Brien--Not at all. Under motions and resolutions it can be taken
up by a majority vote.
The Speaker--Undoubtedly. The fact is as the gentleman from Calaveras
has stated. It can come up under resolutions and motions to morrow.
The vote resulted thus :
Ayes--Amerige, Avery, Barton of Sacramento, Bell, Campbell, Davis, Dean,
Dudley of Placer, Ferguson, Frasier, Griswold, Hoag, Kendall, Machin,
McAllister, Morrison, O'Brien, Parker, Porter, Printy, Saul, Seaton,
Shannon, Smith of Fresno, Smith of Sierra, Teegarden, Thompson of
Tehama, Waddell, Wilcoxon--29.
Noes--Ames, Barton of San Bernardino, Battles, Bigelow, Brown, Cunnard,
Collins, Cot, Dana, Dennis, Dore, Dow, Dudley of Solano, Eagar, Hillyer,
Hoffman, Jackson, Lane,