Fourth & Fifth Sacramento inundations, 01/20/1862 [press date] torrential warm rains,.1756194 bytes

(c) 2012, Mike Barkley


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.


. . . . 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] . . . .


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.


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.
Sacramento, Jan. 18, 1862. ja20-1t . . . .

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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

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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,

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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. . . .


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. . . .


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.]

. . . .

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.

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.


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?


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


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. . . .


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


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. . . .


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. . . .


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.


TUESDAY, Jan. 21, 1862.
The SPEAKER called the House to order at eleven o'clock, A. M. . . .


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


. . . .

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. . . .


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.


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.


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


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. . . .


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.
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


WEDNESDAY, January 22d, 1862.

The PRESIDENT pro tem, called the Senate to order at the usual hour, . . . .


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. . . .


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. . . .


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.


WEDNESDAY, Jan. 22, 1862.
The House met at eleven o'clock. . . .


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 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.]


Attorney General PIXLEY stood at the Clerk's reading desk, and read his opinion as follows:

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


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.


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. . . .


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.


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.


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.


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.

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


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.


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


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,


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 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.


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.

. . . .

p. 3


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. . . .


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


. . .

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. . . .


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. . . .


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.

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.]

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


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. . . .


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


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. . . .


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.


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.


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. . . .


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' 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. . . .


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.


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.


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.


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.


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.


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.


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.


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: . . .


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. . . .


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


. . . 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 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. . . .



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


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. . . .


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. . . .


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. . . .



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.

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, . . .


[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


. . . 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 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.


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.


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. . . .


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


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,


[The following is the conclusion of Saturday's proceedings in the Assembly:]

SAN FRANCISCO, January 24, 1862.

. . . .


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,

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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. . . .


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. . . .



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. . . .

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. . . 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.


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


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. . . .


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.


MONDAY, January 27, 1862.
The Speaker called the House to order at 11 o'clock. . . .


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. . . .


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 . . .


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.


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.

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. . .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.


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. . . .


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. . . .

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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. . . .


SAN FRANCISCO, January 28, 1862.

The Speaker called, the House to order at 11 o'clock. . . .


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. . . .


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 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


WEDNESDAY, Jan. 29, 1862.
The President called the Senate to order. . . .


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. . . .


Wednesday, January 29, 1861.
The House met at ten o'clock. . . .


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. . . .


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. . . .


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. . . .


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. . . .


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. . . .


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


. . . . 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 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.


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.


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. . . .

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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. . . .


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.
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.


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


THURSDAY, Jan. 30, 1862.
The Senate met at eleven o'clock, the President pro tem, in the Chair. . . .


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. . . .


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. . . .


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.


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.


THURSDAY, Jan. 30, 1862.

The House met at 11 o'clock. . . .


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 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, . . .


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. . . .


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


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 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. . . .


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.



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


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. . . .


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




SENATE. FRIDAY, January 31. 1862.
The Senate met at 11 o'clock, the President pro tem. in the chair, . . .


. . . . 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.


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. . . .


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. . . .


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. . . .


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.


FRIDAY, January 31, 1862.
The House met at 11 o'clock, . . .


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.


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. . . .


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.

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


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.



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.


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





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. . . .


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.


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. . . .


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.


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. . . .


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-


p. 2


. . . 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. . . .


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.


Weather in Placerville.

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]. . .


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,
To Swamp Land Commissioners, Sacramento City.

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,
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.


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. . . .

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


. . .

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.]

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. . . .


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.

cide sir, and not the Speaker. That is the rule of the House. . . .


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.


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. . . .


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,