Transcript is about as ridiculous as the one first made by it. . . .
MAN DROWNED IN THE MIDDLE YUBA.--Wednesday, January 29th, Thomas Williams,
of the Miners' Exchange, North San Juan, while endeavoring to cross the
Yuba, just above that town, fell into the current and was lost. . . .
STILL STANDING.--The San Lorenzo paper mill, near Santa Cruz, reported
swept away by the flood, is still standing. A portion of the flume and
the dam were swept away, but the mill, building and machinery are unhurt.
COLD WEATHER.--At twelve o'clock last Monday night, at Skillman's Mill,
some fifteen miles above Nevada, the thermometer was down to with one
degree of zero. . . .
NOT AWARE OF IT.--The Nevada Transcript, in endeavoring to excuse
itself for giving currency to a statement that water was running over
the floors of the Senate and Assembly chambers, says it had the
intelligence from another paper. If this was the case, the intelligence
was no less false. It adds:
Yet the UNION, knowing we were in Sacramento at the time the extra was
published, would seem to like amazingly to convey the impression that we
are responsible for it.
The Transcript will please excuse us. We were not aware that so important
a personage as the editor of the Transcript was in our city. If we had
been, we should not probably have chronicled the fact, as it is not our
custom to do such things even in the case of still greater celebrities
than the aforesaid editor, provided any such exist. . . .
SACRAMENTO AND THE LEVEE QUESTION.--The San Francisco L'Union Franco
Americaine," [unmatched quote mark] of Monday, Jan. 27th, contains a
novel article upon the subject of Sacramento and its defenses, embracing
a project for the construction of a combined levee, promenade and rampart.
In introducing his scheme, the writer says : "It does not belong to us to
decide whether the city of Sacramento ought to be the Capital of the State;
but if we were consulted upon that point, we should answer in the
affirmative. The misfortunes which have befallen the inhabitants, and
the losses to which they, and persons elsewhere who have investments in
that city, have been subjected, demand that we shall afford Sacramento
a chance to revive." For the city itself, the writer proposes an inclosure
designed to serve, at the same time, as a protection against the invasion
of the water, a defense against a hostile army, a promenade and a drive.
The general idea of the plan is taken from the fortifications of Paris,
upon which the writer says he was employed. He proposes to make the
rampart--an earthwork, of course--at least three feet higher than the
highest water of 1862. On this rampart would be a promenade, sodded and
planted with trees, forming a pleasant shade. The following is a
tolerably fair hit at our too delicate legislators: "The promenade can,
in case of war, be mounted with cannon, so that if the Legislature should
be besieged in the city they might continue their deliberations without
fear of molestation." For the execution of the work, the writer proposes
to employ those able bodied men who have suffered by the flood and who
have need of work, under the direction of a Committee of Engineers and
other competent men named by the Legislature, who the writer thinks should
authorize the construction of a work at once useful and ornamental to the
Capital of the State. With such labor, it is contended, the city itself
could be handsomely and securely inclosed, at a cost of about one hundred
and seventy thousand dollars.
NAPA--On Tuesday morning, January 28th, a branch of the Napa river, which
has been running a current of five miles an hour, froze over so that cattle
crossed on the ice.
SNOW.--Snow fell at Petaluma on Tuesday night, January 28th, to the depth
of from one and a half to two inches. . . .
WHAT SHOULD THE LEGISLATURE DO?
EDITORS UNION: Allow me through your valuable paper to make a few
suggestions on the above subject. We have been visited with a most
devastating flood. It has ruined thousands, and swept away the fences
of the most valuable farming region in the State. Many of the farmers
owning these lands, having lost their all, will be utterly unable to
replace their fences; and many who are able will find it impossible to
do so in time to make a crop. Therefore, unless we would add the calamity
of a famine to that of a flood; let the Legislature at once pass a law
compelling all persons owning stock of any kind to herd the same on their
own or on public unoccupied lands, and let the punishment for a violation
of said law be summary. Unless this is done it will be impossible for
this State to raise a sufficient supply for its own consumption. This
law should be general, and not special. An abundance of provisions can
be raised in the mountain counties, but unless protection is extended
to them very little will be raised. Apply this law to the valley counties
alone and what will be the consequence? People owning stock in the
valleys will drive it to the mountains, and there suffer it to run at
large, to the great detriment of those who are trying to raise something.
I live in the lower or western part of El Dorado, and it is a notorious
fact that the people of Sacramento, where the hog law is in operation,
drive their hogs into El Dorado, and hire people to keep them on shares.
A hog is as great a nuisance in El Dorado as he is in Sacramento, and we
have petitioned our legislators to protect us against this imposition,
but they have not yet done so. It is to be hoped they will now act in
this matter. It is as difficult for those living in the western part
of El Dorado to make a hog fence as it is for the people of Sacramento.
I say, therefore, let this stock law be general in its application. It
appears to me that everything has been done in this State for the miner,
and little or nothing for the farmer--that the farming interest has been
held subordinate to that of the mining. Now let something be done for
the farmer. Protect him against the encroachments of the miner and stock
raiser. He is the sheet anchor of the State; he will remain with you and
uphold and support the State Government. The miner and stock raiser will
take wings and fly away. As soon as Spring opens the great body of the
mining population will make a stampede for Cariboo, Nez Perces and Salmon
river. Who then will be left to support the State? The farmer. Give him
then that protection which he needs, but has never yet received at the
hands of our Legislature.
A FARMER
DISASTER AT SANTA BARBARA.--Friday night, January 17th, a terrific
avalanche occurred at Curtis' Sulphur Springs, four miles behind Santa
Barbara, in the mountains. Three persons, who were sleeping in a tent
near the spring, were awakened by the falling of some trees, and in
their fright made desperate attempts to escape. They burst through the
canvas, the first man jumping into the flood breast deep. The second
and third followed suit, but were carried over a quarter of a mile by
the flood. Henry Miller, one of the latter, was found dead a few days
after, rocks of over a ton weight having passed over him, fracturing
his skull and mangling his body terribly. When found a rock of enormous
size was resting on one of his legs, and before the body could be moved
amputation was necessitated. Crawford, one of the three, was picked up
terribly bruised and maimed, but will recover. The third man, Mac by
name, escaped unhurt. The flood was so heavy that it was Sunday before
the neighbors could reach the scene of disaster. .Acres and acres of
land, rock and timber were carried off by the flood, opening an entirely
new branch of the mineral springs. The whole surrounding country suffered
terribly from the floods.--San Francisco Alta. . . .
p. 3
CITY INTELLIGENCE.
MITCHVILLE.--This is the name of a new town located on the American river,
about five miles from its mouth, and about a quarter of a mile above the
point at which Hoboken was situated in 1852. The town is named in honor
of McMitchell, one of the freight agents of the Steam Navigation Company,
and consists of a frame steamboat office, two whisky shops, and an
additional one for the storage of freight. It is to this point that
the steamer Sam Soule now makes trips, twice a day, carrying a large
amount of freight, which is taken by teams to the Sacramento Valley
Railroad, and thence distributed throughout the mining region supplied
from this portion of the State. The town presents a primitive appearance,
and the indications are that it will not, for a few years at least,
outrival Sacramento, to which it owes its origin. The artistic portion
of the town consists of two signs, on one of which is inscribed,
"Steamboat Office. N B.--No boarders taken here," and on the other the
name of the town, "Mitchville." On the latter are two not very elaborate
paintings, one of them representing two distressed looking gentlemen
partaking of foaming lager, and another depicting an entirely naked
hombre, whose appearance would excite sympathy from the most obdurate
of our species. The latter picture is supposed to be, in a measure,
indicative of the accommodations afforded by the newly created city.
We have no doubt, however, that the town will answer the temporary
purposes for which it was called into being, and trust that it will
prove profitable to all connected with it.
THE CREVASSE AT RABEL'S.--The waters of the American river are still
flowing into the city through the crevasse at Rebel's tannery,
although the river is nearly or quite down to the natural banks.
For a distance of perhaps eight hundred feet the current flows through,
the depth a short distance from the levee varying from one to two feet.
At some spots near the edge of the river deeper channels have been worn,
but they do not appear to extend any great distance from the levee.
An extensive sand bar is unfortunately forming on the north side of the
river below the crevasse, which runs out toward the southern bank at such
an angle as to tend to force the current into its new channel through
the city. This bar extends about half way across the river. Above the
crevasse and immediately in front of Rabel's premises, large deposits
of sand have collected. At the exact point in front of the tannery,
where the current was the most violent when the Rightmire bulkhead was
carried off, Rabel has recently planted a row of grape vines, on soil
deposited within the last two months. The channel has changed to the
west some eight hundred feet within two years. The entire north bank
of the river has been leveed up with a ridge of sand. We are informed
by T. K. Stewart that the sloughs among the willows on the north side
of the river have all been filled up during the past two months.
THE TRUE BOUNDARY.--In a communication from "An Engineer," with
reference to the boundaries of Swamp Land District No. 2, received
on Saturday, he says: "In speaking of the action of the Board of
Swamp Land Commissioners you say, in this morning's paper, 'Since
the late floods the Commissioners have extended the District to
the American river.' This is an inadvertence, snd is calculated
to injure a good cause. The Board have not extended the district.
The original boundary was the American river, on the north, and that
has never been altered (nor can it be), because it is the natural
boundary. But when the engineer made his survey, taking it for granted
the Sacramento levee was sufficient to guard the upper end of District
No. 2, he very properly began his work below it, and made his returns
accordingly. All the Board has done is to say to the engineer 'Go on
and finish the survey as originally contemplated.' This statement
should therefore be made, because the law contemplates that Nature
makes the districts, and the Board can neither enlarge nor diminish
them. Believing as I do, that the salvation of our city depends on
a permanent reclamation of District No. 2, I am anxious that it may
not even appear that it was an afterthought that brought the city
within the district."
POLICE COURT.--ln the case of Lawson and Langtree, previously tried on
a charge of the larceny of a boat belonging to J. A. Crocker, I. S. Brown,
the counsel for defense, on Saturday made a motion in arrest of judgment
and for a new trial. In support of the motion the counsel contended that
the complaint was defective and not in accordance with the requirements
of the law. The motion was granted and also a subsequent motion to dismiss
the defendants, the boat being awarded to J. A. Crocker. In the case of
Dorsey, Morgan and Rodifer, charged with stealing powder, J. C. Goods,
for the defense, moved for the discharge of the defendants on the ground
that the testimony was insufficient to hold them. After argument of the
motion by counsel, Judge Gilmer stated that he deemed the evidence before
him insufficient to hold the defendants, and he would therefore discharge
them. If there should be other evidence found there was nothing to prevent
the Grand Jnry from a further examination of the case. . . .
CORONER'S INQUEST.--Coroner Reeves held an inquest yesterday forenoon
over the body of an unknown Chinaman, found afloat in the American
river. The jury was composed of H. V. Curry, James Williams,
E. S. Curry, L. Traum, Henry Schwegar, and James Bradley. The only
witness examined was H. Koppikus, who testified that he found the body
floating in the water above English's ranch, about two o'clock P. M.
on Friday. The body was in a nude state, It was about five feet eight
inches in hight. There were some marks and bruises about the face and
head, which might have been caused by drift wood. The body appeared to
be that of a Chinaman. It had been in the water several weeks. The jury
returned a verdict to the effect that the deceased was a Chinaman whose
name, age and cause and time of death were unknown to the jury.
The body was interred by the Coroner on English's ranch.
REMOVAL OF THE GEM.--The agents of the Steam Navigation Company have
made arrangements with Edward Fell for the removal of the steamer Gem
from her present position, which is on Hopping's, and not Denn's land,
near Rebel's tannery, to the waters of the American river. The work will
be accomplished by means of Fell's hydraulic house raising apparatus.
The distance from the steamer to the river is about four hundred yards,
or a quarter of a mile. The steamer Governor Dana, on her return from
Marysville yesterday, towed up to the tannery a barge containing Fell's
apparatus. He had expected to commence work this morning and complete the
job in seven or eight days. As a lively rain set in last evening, it is
possible that the work may be impeded thereby. The Gem lay yesterday
almost entirely out of water, and in favorable condition for the work
of removal.
SUPPOSED TO BE DROWNED.--Two men, named William Becker and C. H. Gardiner,
in the employ of a man named Richard Fuller, in Placer county, came to
this city several days ago for provisions. On Wednesday, at one o'clock,
P. M., they left Fourth and I streets in a boat owned and rowed by
W. Ladbrook. The boat contained fifteen hundred pounds of provisions,
which were to be taken to Pitcher's, north of Lisle's Bridge, from which
point men and goods were to go by land to Fuller's place, on Auburn
Ravine, twenty-one miles from Sacramento. The boatman was expected to
return to the city on Wednesday evening. The boat containing the three
men is said to have been seen nearly swamped, under a strong gale of
wind, on Wednesday, on the way up, but neither of the men have been
heard from since. It is supposed that their boat filled and sunk,
and that they were drowned. . . .
DROWNED.--A man named Edward Gillan was drowned in the Sacramento
river, near the foot of J street, at about nine o'clock, on Friday
evening. He had been employed as a deck hand on board the steamer
Sam Soule, and fell accidentally from a barge moored alongside the
steamer. J. Baldwin, mate of the steamer, at once landed a boat and
used all exertion within his power to save him, but on account of the
prevailing darkness and the force of the current he was unable to
save him. The body has not been recovered. . . .
SERIOUS ACCIDENT.--At about sunset last evening, a man named Kelly,
while getting out of a boat at the north levee, near Ninth street,
accidentally discharged his gun. The contents entered the left arm
between the wrist and elbow, inflicting a serious wound.
MORE RAIN.--At dusk last evening a rain set in which continued
throughout the evening at a rate which will doubtless cause the
water in and around the city to rise again, though not so high,
it is to be hoped, as to again flood the city. . . .
LARGE BAR.--A large sand bar has been formed by the late flood on
the north side of the American river, opposite Seventh street, the
tendency of which is to force the channel toward the southern bank. . . .
NORTH SAN JUAN.--The Press of February 1st has the following
intelligence: . . .
Prices of a few of the leading articles may be set down as follows:
Flour, per hnndred pounds, $14; potatoes, per pound, 7 cents; butter,
per pound, 62-1/4 cents; sugar, crushed, per pound, 25 cents; candles,
per pound, from 37 to 50 cents; coffee, per pound, from 35 to 50 cents;
camphene (scarce), $3 per gallon; wood, per cord, from $3 to $5. . . .
Between Wednesday morning and Thursday morning, snow fell to the depth
of about fourteen inches.
HEAVY LOSS OF STOCK.--Hersperger, who lives on the Sacramento river,
in Sutter county, has experienced very severe losses in stock on account
of the late freshet. He had six thousand head of sheep and four hundred
head of cattle on his ranch, and the sudden rise of the waters made it
impossible for him to remove them. He has consequently been compelled
to keep them all on about two hundred acres of land, that being all
the dry land in his neighborhood. He has fed all the hay and grain
he had or could purchase, and as a last resort has been obliged to
charter the steamer Visalia, with barges, to transport them to this
place, where he can get access to the hill lands. Over one hundred
head of his cattle have already died from cold and want of fodder,
and the loss of sheep will be still greater in proportion.
--Knight's Landing News.
KNIGHT'S LANDING.--The News says:
It has been reported around the country that Knight's Landing was under
water and no dry land in town. The statement is entirely without
foundation. No water is, or has been, in our town this season, except
what rained in it; and we not only have plenty of dry land, but a good
dry road to the interior, where traveling has been going on all the
season.
OPPOSED THE REMOVAL.--Our Senator, Doll, and our Assemblyman, Thompson,
as well as the senator and Representative from Shasta voted steadily
and persistently against the temporary removal of the Legislature
from Sacramento to San Francisco, and their acts will receive the
approbation of their constituents.--Red Bluff Beacon.
LETTER FROM SAN FRANCISCO.
[FROM OUR SPECIAL CORRESPONDENT.]
SAN FRANCISCO, Feb. 1, 1862.
There was a great clamor for the SACRAMENTO UNION in the Senate yesterday.
Crane said he must have it earlier in the day. He had been compelled to
wait for it until near the time for the meeting of the Senate, and he
wanted the Postoffice affairs of the Senate so regulated that he could
have it on the night of its arrival. He expressed the opinion, that
the UNION was a good newspaper, and the Senators generally concurred.
Soule said he supposed Crane wanted the UNION because it abused him for
voting to adjourn the Legislature to San Francisco. To this the latter
replied that he was always in favor of free discussion. Dr. Hill said
he had not had his UNION since the removal, and wanted the fact
remembered. [No order was received from the Sergeant-at-Arms for the
UNION for Senator Hill until yesterday (Sunday) morning. The papers
ordered for members of the Legislature have been properly addressed
to members and regalarly dispatched to San Francisco, to the care of
the Sergeants-at-Arms of the Senate and Assembly.--EDS. UNION.] Watt,
of Nevada, said there would necessarily be some such little
irregularities until the Republicans got used to being in oflice.
In the Assembly yesterday morning, the Speaker opened the session by
a long speech in defense of his appointment of the Conference Committee
on the Removal Bill. He quoted from Cushing's Manual to show that a
bill is never to be referred to its enemies--i.e., those opposed to
the body of the bill and sought, under that rule, to defend his action
in appointine [sic]
none but enemies of the bill substituted by the Assembly
for the Senate bill, upon a Committee of Conference to whom both bills
were to be referred for compromise. Dogberry could not have mixed
matters up more thoroughly. Mr. Speaker Barstow says, in effect,
"The parliamentary law doth enjoin me to put no measure into the hands
of an avowed enemy; wherefore I must perforce send it to a Committee in
which it hath no friend." He evidently lost sight of the fact that there
was an Assembly substitute, and selected friends of the Senate bill as
though it was the only thing to be considered by the Conference Committee.
"None so blind as those who will not see." The authority read by him had
nothing to do with the question (further than that it gives a reason for
a rule, which reason is applicable as well to Conference Committees as
to Committees of one house) for the Manual from which he read has not
a word in regard to Committees of Conference. It is to be regretted that
no member has yet exhibited the knowledge of parliamentary usage, and
the tenacity of purpose which is necessary to the protection of the
House from the consequences of the incapacity of the presiding officer.
The Senate confirmed the report of the Conference Committee yesterday,
recommending the removal to San Francisco of nearly all the State
officers, although the Committee were not unanimous. This was a breach
of general usage, as Merritt admitted in moving the confirmation. If
the Committee on Conference is not unanimous, the effect is, as stated
by him, to kill the measure concerning which no compromise can be
effected. To-day the Assembly had the matter under consideration.
Kendall, of Tuolumne, made the point of order that a Committee of
Conference can only be allowed to report that they have or have not
agreed, and that the report must be unanimous. The Speaker declared
the point of order not well taken. The report having been read,
Shannon raised the point of order again, and was overruled. From the
decision of the Chair he appealed, when the Speaker informed him that
no such appeal conld then be taken. This decision was appealed from,
but the Speaker ruled the appeal out of order. The Speaker having
stated the question to be upon the adoption of the report, Shannon
made the point of order that the report could not be adopted because
made by a portion only of the Committee. The Chair ruled the point of
order not well taken. This decision was appealed from, and the Speaker
subsided for a moment. Shannon then spoke against the Speaker's ruling
a few seconds, when the two became involved in a discussion as to what
the point of order was. A long time was occupied in a general talk upon
the subject, the Speaker replying at length to most of those members
opposed to him on the removal question. Kendall, of Tuolumne, amidst
frequent interruptions by the Chair, read the joint rule requiring
Conference Committees, when unable to agree, to merely report that
fact. Ferguson, of Sacramento, made a very good argument in favor of
the position of Shannon. The Speaker replied in a vehement manner, from
his desk, saying that Ferguson did not understand what he had read from
Jefferson's Manual. The conduct of the Speaker throughout was
characterized by the same dogged obstinacy that has been exhibited by
him before, and of which we have made previous mention. Whoever opposed
his wishes was declared out of order. Several appeals were taken, but
he utterly refused to put any question of appeal to the House. Even the
appeal of Shannon, from the decision that the motion to adopt was in
order, was never put to a vote. The previous question upon this appeal
was obstinately and stupidly ruled to extend back to the report, but
was not in terms ruled to exclude the question of appeal; yet the
Speaker refused to allow a vote of the House to be taken upon what he
admitted to be a question properly before the House, viz: the appeal
taken by Shannon. Among other outrages committed, the Speaker ruled
that while the previous question was pending, the rule required him
to decide, not only all points of order but even an appeal which had
been taken by Mr. O'Brien, arbitrarily, without referring the question
to the House. He did so decide against an appeal taken by that
gentleman, from a decision made. That is to say, an appeal from the
Speaker's decision is, in certain cases, to be made to the Speaker
himself! But after all the efforts of the Speaker to carry his
point, without regard to the rights of members, the rules of public
bodies, or the common courtesy which should prevail in such places,
the motion to adopt the irregular report in favor of removal, was
defeated by a vote of thirty-two to twenty-five. A member changed his
vote to the negative and gave notice of a motion to reconsider. This
fruitless struggle of the Speaker against the House lasted about an
hour and a half.
As a specimen of the enlightened and amiable manner in which the Speaker
discharges the duties of his office, the fact may be mentioned that
there is at least one member of the House that has not been honored
by him by an appointment upon any Committee--either Standing or
Select--although he is the only member from a certain agricultural
connty.
In speaking upon a resolution offered by Hoag, of Yolo, requesting
occupants of inundated lands to make such marks upon trees as will
indicate the high water-line of 1862, Maclay, of Santa Clara, said
there were marks now eight or ten feet higher than the. floods of
the present year, and that those marks were "monuments of the folly
of trying to live upon the banks of the Sacramento and American
rivers," The excited individual was not kind enough to inform the
House where people could safely live within the limits of the State.
It is impossible definitely to fathom the motives which prompted
the introduction of the bill of Soule, of San Francisco, to suspend
all further work on the new Capitol until the next session, but it
looks like an opening wedge for an agitation of the question of
permanent removal. Hathaway's bill to extend the time for laying
the foundations of the building is undoubtedly offered in good faith
to relieve the contractor from any penalty for a failure to complete
his work within contract time, so far as the delay has been occasioned
by the freshets.
FROM MARIPOSA.--A correspondent of the Stockton Argus, writing
from Hornitas Jan. 30th, says:
I send you a few items relative to the flood and its effects in Tulare
county. From the 25th of December to January 25th, one month, nothing
was heard of either Millerton or Visalia. The memory of the oldest
inhabitants is "played out." That period designated "time whereof
the memory of man runneth not to the contrary," will begin again,
and date from January, 1862. Winslow, or Long Tom, as he is familiarly
called, arrived at Hornitas last Sunday, having, walked forty miles
to Mariposa creek, packing the mail sack the whole distance. He crossed
one stream in the novel craft known as a sluice box, and paddled over
another in a watering trough. From him we learn that the water at
Millerton was eight feet in the streets. The house and stable of
Wm. Hice, proprietor of the Visalia stage line, was swept away;
damage, so he says, $1,000. Grierson's storehouse was also carried
off; loss about the same as Hice. Goods in the store of Hughes
were damaged to the extent of $1,500. In Visalia the loss was much
greater. A man arrived at Princeton last night, who reports that
twenty six brick houses, including the Court House and jail, have
either been washed away or caved in. The Delta office was
but little injured. These last items I gleaned from Holmes, of the
Mariposa Gazette. The stage of water in the streets of this
town stood at the moderately low point of four feet. Smith's Ferry,
on King's river, is gone--and as Winslow remarks, "the whole country
is slum gullioned from Visalia to Mariposa creek."
MORE MUTTON.--Some two or three hundred sheep arrived in San Francisco
lately by the steamer Senator, it being impossible to drive them overland.
LATER FROM THE NORTH.
By the arrival of the Brother Jonathan at San Francisco we have dates
from Portland to January 15th:
No intelligence had been received from the Dalles or Cascades for a fortnight,
owing to the heavy rains. In Portland they were enjoying excellent sleighing. . . .
FLOOD AT UMPQUA.--A letter from Fort Umpqua, December 12th, says:
We have had the greatest freshet in the Umpqua river ever known.
As our mails have been entirely cut off, we do not know here how great
the damage is above a point about twelve miles beyond the town of
Scottsburg; but if floating houses, barns, rails, and produce of
every description are any indication; the entire conntry has been
devastated by the element. The water has been from ten to fifteen
feet higher, at Scottsburgh than the freshet of 1853, which was then
higher than ever before in the memory of the oldest Indians. As far
as we can learn, the farmers above Scottburgh have absolutely nothing
left. By the register kept at the hospital at Fort Umpqua there had been,
up to the 3d of December, twenty-five inches of continued rain; since
that period it has been augmented to over thirty inches. The river
rose rapidly from the 30th November to the 3d December, then subsided
for a day or two, and then rose again until the 9th of December.
December 14th.--The river is now falling, and has been for two days.
We still have no mail. The bridges and ferries are all gone.
Lord & Peters' store, at Scottsburgh, with many of the houses at
Upper Town, are gone. The new warehouse of Maury and Kruse, at
Lower Town, was swept (with all of the merchandise stored therein)
about twenty miles down the river, and, strange to relate, landed
"right side up with care," just below the wharf at Gardiner. Nearly
all of the contents are undamaged. Allan & MoKinlay's wharf and
store room, at Lower Town, are swept away.
LEVEE.--Eugene City, Oregon, is to be protected from future floods
by a levee.
The loss by the flood has been immense all along the river and valley
lands, but comparatively little loss of life. The damages to Oregon
City alone are estimated at $154,700.
SALMON RIVER MINES.--The Oregon State Republican, published
at Eugene City, says:
The news from the northern mines continues to be exciting. So many are
going from this portion of the valley that we fear there will hardly
be men left to supply the bread of life, and just now there is great
need of laborers to repair the damages occasioned by the high waters.
Sagacious tradesmen are predicting high prices for grain, corresponding
with the late elevation of the aqueous fluid.
THE SECRET OF REMOVAL.--The Republicans, in opposition, we believe, to
the wishes of four-fifths of the voters of California, have removed
the Legislature from Saoramento to San Francisco. They must have had
a potent reason for taking such an unpopular course--a course at once
uncalled for, unnecessary and expensive. What induced Governor Stanford,
whose sympathies were supposed to be with, and interest in, Sacramento,
to favor a removal? Certainly not the paltry inconvenience of the flood.
Before the question of removal was agitated, an up-country paper hinted
that an effort would be made to remove the Legislature to San Francisco
for the purpose of electing a Republican United States Senator in place
of M. S. Latham. It was a significant hint, but attracted little
attention at the time, probably because no one supposed the Republicans
would be guilty of such an outrage. The people of Sacramento felt no
apprehensions, because the Governor and Secretary of State were residents
of Sacramento, and presumed to be interested in her welfare. Singularly
enough, and to the astonishment of those not in the secret, they both
favored the removal. Other leading Republicans strongly urged it. Why?
Did the interest of the State demand it? Was it difficult to transact
the public business at Saoramento? Was it an economical. move? No. Here
is the secret of it. The Pacific Echo says:
Senatorial.--It is said, and an attempt will probably be made by
the Republicans to bring on the election of Senator a year in advance of
the regular time, and that Governor Sanford is figuring and itching for
the position. Latham has another year to serve, and the proper time to
elect his successor will be 1863. To bring on an election now will
require a deal of trafficking, swapping and trading, and perhaps money,
besides prolonging the session, which, on account of the State finances,
should be cut short.
Reader, the above is no joke, much as it may appear like it; it is a
serious fact! Governor Stanford aspires to fill Latham's place. Good
luck has upset his reason. San Francisco is the stronghold of
Republicanism. Wealthy Republicans and an army of Federal officials,
with patronage and funds at their disposal, reside there, and they will
use both freely to assist Stanford in his Senatorial aspirations. Easy
and lucrative positions in the Custom House, Mint, Post Office, Land
Office, etc., will be offered to members to influence them to vote for
Stanford. Stanford knew that his prospect of success would be greater
in San Francisco than Sacramento--leading Republicans were conscious of
the same fact, and, therefore, disregarding the wishes of the people,
and indifferent and reckless of expense, they removed the Legislature
to San Francisco. Not satisfied merely with the removal of the
Legislature, they have introduced a bill for the removal of the State
officers; and Governor Stanford, without waiting for the bill to pass,
and probably more openly to signify his wishes to his friends, has
already selected rooms for himself in the building rented by the
Legislature in San Francisco. With the city, State and Federal
patronage at his disposal, he may see his Senatorial aspirations
gratified. Let the people remember these facts, and mark the party
that squanders the money of the State for personal and political
ends.--Mountain Democrat.
THE FUTURE OF SACRAMENTO.--Many people suppose that because Sacramento
has again been flooded out, and to a greater extent than ever before,
that her citizens will get discouraged and despair of ever making that
city again the place of importance it was prior to those disasters.
To all such we would say, don't be too hasty at jumping at conclusions.
Now everything looks dark; disorder and confusion reigns everywhere, in
all parts of the State, as well as Sacramento; no locality has escaped
entirely--but Sacramento has undoubtedly experienced more than her share.
But let us have, as we very shortly will have, a good spell of dry
weather, and you will see everything change; cheerful countenances will
take the place of desponding ones, and every one will be hurrying about
to repair the damage they have sustained. This weather cannot last
always; and when the change does come Sacramento, true to her
proclivities, will rise again as of old. She must, in the nature of
things, always be a great point. If every man, woman and child who now
own property in that city were to abandon it, yet her natural position
is such that others would immediately come in and take their places
and do the business which must of necessity be done there. But her
citizens know too well their interests, and their will and energy is
too strong, to give up with trifles; and whoever visits that city next
Summer, after the waters have subsided, and then see the business and
confidence of her people, will scarcely believe that their condition
was as bad as it really appeared during her worst afflictions. We took
the ground, in a former number, that these overflows would prove in the
end a benefit to that city; and we firmly believe they will. Sacramento
can and will be put beyond the reach of another similar occurrence to
this. The wealth and all the material is there to do it; and next season
we will see a series of works progressing that the most skeptical need
fear no future calamity like the present. Therefore, we say don't fear
for Sacramento. We of the Sacramento valley can't do without her. She is
our market both to buy and sell in, to a great extent, and we naturally
feel an interest in her welfare. But rest assured these clouds will
soon blow over, and we will have the city, as of old, full of life,
the center of business--and, at the same time, the Capital of the
State.--Knight's Landing News.
ANAHEIM NOT DESTROYED.--San Francisco Alta of January 31st, says:
A gentleman who arrived by the late steamer direct from Anaheim, states
that the reports about the destruction of that place by the flood are
untrue. A couple of houses were injured, but no serious damage was done
to the town or the vineyards. The town is situated in the center of an
immense plain, on land as high as any in its vicinity, and is only ten
miles from the sea, to which there is an easy outlet many miles wide.
It is possible, though; not at all probable, that the town may have been
overflowed, but it is scarcely possible that much damage could be done;
for the water could not have current enough to wash away the soil or bring
much sand to the place, nor could it stand long enough to deposit other
sediment.
SNOW IN THE INTERIOR.--From our interior exchanges we learn that there
is snow on the foot hills generally; varying from two inches to a foot.
A heavy warm rain will precipitate it on the valleys so as to produce
a flood.
Sacramento Daily Union, Volume 22, Number 3386, 4 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION..]
[SENATE]
SATURDAY, February 1st, 1862.
The Senate met at eleven o'clock, the President In the Chair, . . .
BILLS INTRODUCED. The following were introduced and referred as indicated: . . .
By Mr. BANKS--An Act to authorize the State Librarian to have certain
books in the State Library repaired. Read twice and referred to the
Committee on Public Library. . . .
Mr. IRWIN presented the claim of Hosman & McManus for covering Battery
street, between Washington and Jackson, with sawdust, per agreement
with the Sergeant-at-Arms, amounting to $325. It was referred to the
Committee on Contingent Expenses. . . .
TRESPASSES.
The PRESIDENT introduced a bill to amend an Act to prevent
the trespassing of animals upon private property, approved March 31,
1853. [Adding the proviso, "on inclosed ground."] Also, an Act for the
punishment to prevent trespasses, which were referred to the Judiciary
Committee.
CLAIMS.
Mr. IRWIN, from the Committee on Contingent Expenses, reported a
long list of claims. He said, in relation to boat hire at Sacramento,
that the expenses were very large, but uuder the resolution authorizing
the Sergeant-at-Arms to hire boats, the Committee felt in duty bound
to allow these claims. . . .
Mr. BANKS said there was nothing to prevent the Committee from auditing
the claims for boat hire; he did not see the force of the gentleman's
remarks. He understood him to say that such a resolution having been
adopted, they must pay all that the boatmen asked. If they were
extortionate, he believed there was nothing in the resolution to prevent
the Committee from auditing the claims at a fair amount.
Mr. NIXON said he han [sic] been called in before the Committee on
Claims to give testimony in regard to boat hire. In his opiuion it
was about three times as much as it should have been. Even then it
would have remained a high price. But they had authorized the
Sergeant-at-Arms by resolution, and could not well repudiate the
contracts he had made. It amounted, be thought, to a contract:
Mr. IRWIN said they were informed by the Sergeant-at-Arms himself,
that he had called upon a great many boatmen in Sacramento, and many
asked as much as $50 a day, while $20 and $30 were the lowest prices
per day he could possibly get boats for. The accounts were very large,
Mr. Irwin admitted, but as a consequence of the resolution, must be
paid. It had cost the Senate much less than the Assembly. In the Senate
it amounted to $475; and in the Assembly to $1,400. The Sergeant-at-Arms
had said it was the best contract he could make, and that he had made
positive contracts.
The PRESIDENT read one man's bill of three days, at $30 per day, making
$90, and another's of five days, at $34 a day, making $170. Mr. Gallagher
inquired whether these items could not be cut down to something reasonable.
Mr. Irwin read the resolution:
Resolved, That the Sergeant-at-Arms be and is hereby empowered and
instructed to procure one or more boats, and to have the same in readiness
for the transportation of the members and attaches of this Senate through
the city of Sacramento during the prevalence of the present flood, prices
to be agreed upon before services are rendered.
Mr. GALLAGHER said if the Sergeant-at-Arms agreed to pay this money,
he had no desire to go back on it; but if not, the bills were exorbitant,
and should be cut down.
Mr. POWERS said he knew the the [sic] Sergeant-at-Arms had made special
contracts, and in some cases had paid bills out of his own pocket.
He was confident the contracts were the very best that could be made.
Mr. DOLL was not in favor of going behind the doings of the
Sergeant-at-Arms.
Mr IRWIN said they could not do it if they would.
Mr. WATT said he was only the agent of the Senate, and they were bound
to stand by him. . . .
The report of the Committee was adopted. . . .
CHATTEL MORTGAGES.
Mr. CRANE (on leave) introduced the following bill concerning chattel
mortgages, which was read twice and referred to the Judiciary Committee.
The intention was, he said, to benefit those who had been overwhelmed
and damaged by the flood:
An Act concerning Chattel Mortgages.
Section 1. Any person or persons lawfully possessed of any farming land
in this State, may, for a just indebtedness, make and execute a mortgage
upon all the product then planted, sown or growing, or thereafter,
within the next six months, sown or planted, or raised on such land.
Sec 2. Such mortgage shall set forth and state the amount of indebtedness
and the rate of interest thereon, which the same is intended to secure,
and when payable, and may be either upon crops then planted, or growing,
or standing matured, or: upon crops thereafter, within the next six months,
to be sown or planted, and in either case shall describe the land on
which said crops are, or are intended to be, with reasonable certainty.
Sec. 3. In such mortgage the residence of the mortgagor and mortgagee
shall be stated, and the said mortgagor shall make affidavit that the
mortgage is bona fide, and made without any design to defraud or delay
creditors, which affidavit shall be indorsed upon or attached to said
mortgage, and the mortgagor shall also acknowledge said mortgage before
some officer authorized to take the acknowledgment of deeds and conveyances
in the same manner as conveyances of real estate are required by law
to be acknowledged.
Sec. 4. All mortgages made in pursuance of this Act shall, with the
affidavit and certificate of acknowledgment indorsed or attached, be
filed in the county in which the land therein described is situated,
by the Recorder of said county, in the book or books already provided
and in use for recording chattel mortgages, and he shall index the
same in the same manner as now required by law, and for which said
Recorder shall receive the same fees as now provided
Sec. 5. Such chattel mortgage, when so made, executed and recorded,
shall be and become a valid lien and incumbrance upon the grain or
other crop therein sown, planted or growing, or thereafter within
the next six months to be sown, planted or growing upon the land in
said mortgage described, and such lien shall continue during the
harvesting of the same, and after the same is harvested, and during
the transitu of the same to the warehouse or other place where it
may be stored, or during its transitu to market; provided, however,
that in order to continue said lien upon grain or other produce in the
sack, the mortgagee shall, before such grain is removed from the farm
where the same is threshed and sacked, brand or cause to be branded
or marked upon one side, and nearly the middle of every such sack,
the letter M, which shall be at least two inches long, and in a circle
at least three inches in diameter.
Sec. 6. Any person altering, defacing or obliterating such brand or
mark while such mortgage or any. part thereof remains unpaid, shall
be deemed guilty of a misdemeanor, and on conviction thereof shall
be fined in a sum not leas than $100 or more than $500, and imprisonment
in the county jail for not less than one month nor more than three months.
Sec. 7. The mortgagee shall be fully authorized, without process of law,
to sell the property so mortgaged, and after retaining the principal and
interest due him, freight, commissions and other charges attending such
sale, shall pay the balance, if any, which shall remain, unto the
mortgagor, his heirs or assigns.
Sec. 8. Any mortgage made in pursuance of this Act shall remain and
be in force from and after the time the grain or other, produce covered
by the same shall have been harvested and sacked, and no longer.
Sec. 7. [sic] No property mortgaged in pursuance of this Act shall
be attached at the suit of any creditor of the mortgagor, unless such
creditor shall first pay or tender to such mortgagee the money then
due him on said mortgage, for principal and interest, and for such
other lawful charges for freight, storage or otherwise, as may have
attached thereto.
Sec. 10. When any such attaching creditor shall have redeemed, he may
hold said property, and upon final process and sale thereunder be shall
be entitled to receive: first, all moneys which he has paid to said
mortgagee, with interest thereon from the time of payment, at the rate
of one and a half per cent, per month; and, second, the remainder of
the proceeds, or so much thereof as may be necessary, shall be applied
upon or to the payment of such attaching creditor.
Sec. 11. The amount to be paid to such mortgagee upon redemption by
such attaching creditor shall be ascertained by a statement setting
forth the amount due on the mortgage, to be made out and signed by
said mortgagee or agent knowing the facts, and verified upon oath;
and any person making and verifying a wilfully false statement shall
be deemed guilty of perjury, and, upon conviction, suffer all the
pains and penalties attached thereto.
Sec. 12. All laws and parts of laws or Acts repugnant to the provisions
hereof are hereby repealed, and this Act shall take effect and be in
force from and after its passage.
On motion of Mr. PARKS, the usual number of copies were ordered printed.
At 1:15 P. M. the Senate adjourned.
ASSEMBLY.
SATURDAY, Feb. 1, 1862.
The House met at 11 o'clock. . . .
Leave of absence was granted to Mr. Warwick, who had gone to Sacramento
on business as a member of the State Library Committee. . . .
REMOVAL OF STATE OFFICERS.
Mr. AMES presented a report from a majority of the Committee of Free
Conference, to which was referred the disagreement of the two Houses on
Senate Bill No. 16--An Act fixing the temporary residence of State officers.
Mr. KENDALL--I rise to a point of order. This purports to be a majority
report from a Committee of Conference appointed to take into consideration
the dissenting votes upon Senate Bill No. 16, and my point of order is that
the Committee of Conference can only report a dissent when they fail to
agree, and that any report from a majority or a minority is not in order.
They can only report a disagreement, and no more, in case they disagree
The SPEAKER--The point of order is not well taken.
The CLERK read the report as follows:
Mr. Speaker: The undersigned, members of your Committee of Free Conference,
to whom was referred "the disagreement of the two Houses on Senate
substitute for Senate Bill No. 16," have had the same under consideration,
and report as follows:
Whenever a disagreement occurs between two Houses of Legislature, the
continuance of which is likely to embarrass their action, retard
legislation and operate to the prejudice and injury of the people,
whose representatives they are, it is customary, and certainly proper,
that such subject of dispute should be referred to a Committee of
Conference, with a view to its adjustment and a reconcilement of
difference of opinion upon a basis of mutual compromise and the best
interests of the State.
It was in this spirit that your Committee entered upon the performance
of their duties in this instance. The entire absence of any political
question, and the fact that this one was one purely of policy involving
only considerations of convenience, economy and dispatch in the
legislation of the session, would seem to have rendered the question
one of easy solution, when tested by the rules of ordinary business
common sense.
Whatever may be the opinion of any member as to the propriety of the
past action of the two Houses, we are now in this anomalous position
The seat of government is located at Sacramento, and the Legislature
is now in session at the city of San Francisco. It is found that
legislation under these circumstances is difficult, seemingly impossible,
and attended with many and serious embarrassments.
Your Committee are of the opinion that these difficulties and
embarrassments may all be removed by bringing certain of the State
officers temporarily to this city.
While your Committee sympathize with the calamities that have befallen
the citizens of nearly the whole State, and while our deepest
commiseration is excited for the citizens of Sacramento, who seem to
regard the temporary continuance of the State officers at their city
as of such vital importance to their interest, involving, in the
opinion of many, their municipal existence and the maintenance of
their municipal credit; we are not unmindful that as representatives
of the State at large, we cannot ignore our duty to the whole people,
and do not believe we are called upon by any considerations of pity,
sympathy or charity to sacrifice a State's welfare to the advancement
of any locality; nor can we deem this question of a temporary removal
of a portion only of the State officers to this city, as a question
of such importance as many would seem to consider.
In our opinion, it is absolutely essential that the Governor, the
Secretary of State, the State Treasurer, the State Controller, the
Attorney General the Adjutant and Surveyor General, should be in the
vicinity of the Legislature when in session.
We do not believe legislation can be honestly, intelligently and
properly conducted without having these officers within the reach
of the members of the Assembly for conference and consultation with
heads of Departments, and for inspection and examination of the books,
papers, records, vouchers and accounts of those Departments.
It is not only the privilege, but, in the opinion of your Committee, it
is the duty of every member of both Houses to make himself familiar with
the operations of our State Government in all its ramifications; and this
can only be done by a careful examination of the detailed workings of
Departments and a careful investigation of their archives.
It was proposed by the Senate to bring most of the State officers to
this city. It was proposed by the Assembly to bring none but the
Governor. In the opinion of your Committee, there exist such intimate
relations between these officers each with the other, and with the
Legislature, that all, as reported by your Joint Committee, should be
removed, or none.
Let us give a few examples to illustrate our meaning, and demonstrate
how intimately the duties of these officers are blended.
The Governor, Secretary of State and Attorney General comprise the Board
of Examiners, to examine the books of the Controller and Treasurer; to
count monthly the moneys in the Treasury, filing a monthly statement
thereof in the
office of the Secretary of State. This Board is required to approve all
claims and demands against the State (except salaries of officers), before
the Controller may draft his warrant on the Treasurer for the payment of
the same.
The Private Secretary of the Governor is the Clerk of the Board. If,
then, the views as expressed by a majority of the Assembly prevail, the
Chairman of the Board of Examiners, with its Clerk and all its records,
would be in San Francisco; while the majority of that Board--the
Secretary of State and the Attorney General--would remain at Sacramento;
and would there not be a legal question as to the validity of their acts,
even if the Board, thus divided, should agree to meet and act at either
city?
The Governor is authorized to issue land warrants for sale, to be
countersigned by the Controller, to be deposited in the State Treasurer's
office; the Controller to keep an account of the quantity disposed of.
The Governor, Treasurer and Attorney General compose the Board of Stamp
Commissioners. The Secretary of State keeps the stamps, seals, records,
devices, paper, parchment and material used, concerning the stamps, and
when stamps are executed they are delivered to the Controller, who keeps
a record as a countercheck, etc.
The Governor, Superintendent of Public Instruction and Surveyor General
constitutes a Board of Education. The accounts and money are kept with the
Controller and Treasurer.
The Controller is required, on the last Saturday of every month, to
report to the Stamp Commissioners, Governor, Attorney General and
Treasurer. He must report to the Governor a full and detailed statement
of all the affairs of his office. He is to inform the Legislature, when
required, of all the fiscal affairs of the State.
The Treasurer and Controller are each required to keep open books for
the inspection of all.
The Treasurer must exhibit to the Governor, on the 15th of each month,
an exhibit of all moneys received and paid out by him.
He must give information to either Honse of the Legislature and the
Committees thereof.
He is compelled to report to the Controller within the first three days
of each month, the complete operations of the Treasurer for the preceding
month.
The Surveyor General keeps in his offlce all the plots, surveys and
records of school, swamp and public lands, matters of continual inquiry
from all our constituents as to forfeiture, payments, issuance of
patents--information which cannot be acquired except by visiting the
Surveyor's office and personal conference with himself or his clerks.
Deeds of swamp lands issuing from the Surveyor's office must be signed by
the Governor.
The Adjutant General must make his report to the Governor; must keep
on file in his office, returns, reports, military correspondence, and
an account of all arms, accouterments, ammunition, ordnance stores,
and all military property, to whom issued, etc., etc.; the number,
strength and condition of the militia of the State, matters of deepest
importance at this time, and which our body may be referred to by
important legislation during this session.
All this confusion, embarrassment and difficulty may be obviated by
the temporary removal of certain State oflicers to San Francisco.
The cost is not to exceed $2,000 for coming and returning; to argue
against any possible extravagance of expenditure is simply to fight
a phantom conjured up by the opponents of this measure in want of
better reasons and more consistent excuse.
In conclusion, your Committee deem this measure of importance to the
interests of the whole State, think it calculated to expedite legislative
action, to curtail the length of the session, and necessary for the
convenience of members and intelligent, practical legislation. We also
regard it as a measure of economy, and if there be any political or
sinister movement in it it is without our knowledge, and belongs to the
lobby. We, therefore, recommend--
1st. That the Assembly recede from amendments to sections 1, 2, and 3,
marked respectively A, B and C.
2d. That the Senate concur in Assembly proviso to section 3, marked D.
3d. That the Assembly recede from amendment to title.
4th. Your Committee recommend that the Senate and Assembly amend
section 1 of the original bill by inserting the words Attorney
General after the word Adjutant General, in line three, section 1 of
the original bill.
A majority of your Committee deem it indispensable as a source of
information, to correct and speedy legislation, that the offices of
the State officers should be near and accessible to the Legislature.
The report was signed by Messrs. Ames and Maclay of the House, and
Porter, Shurtliff and Merritt of the Senate.
[During the reading a message was received from the Senate, announcing
the passage of several bills, and also that the Committee had adopted
the majority report of the Committee of Free Conference on the disagreeing
votes of the two Houses on Senate Bill No.16.]
Mr. AMES--I move the adoption of the majority report.
The SPEAKER--The question is on the adoption of the report.
Mr. KENDALL--I feel compelled, however reluctantly, to press the question
I have raised about the reception of that report. In the joint rules which
have been adopted I find this: "In every case of an amendment of a bill
agreed to in one House and dissented from in the other--"
The SPEAKER (interrupting}--The gentleman is not in order.
Mr. KENDALL--I rise to a point of order, and my point is that the report
is not in order.
The SPEAKER--The same point has been raised by the gentleman before, and
is already decided.
Mr. KENDALL--I shall be compelled to take an appeal.
The SPEAKER--Does the Chair understand the gentleman to raise a point of
order once before raised by him? That point of order having been raised
and decided, and no appeal taken, he cannot raise it again.
Mr. SHANNON--Does the Chair decide that it is in order to receive the
report of the Committee as read?
The SPEAKER--It is in order, if the House so determine, to adopt the
report of the Committee or reject the same.
Mr. SHANNON--I hold that the report of the Committee is equivalent to
readopting the original bill in this House. That would be the result.
The SPEAKER--Does the gentleman make that as a point of order?
Mr. SHANNON--No, sir; I understand the Chair to overrule the point of
order raised by the gentleman from Tuolumne (Mr. Kendall). I appeal from
that decision.
The SPEAKER--The appeal is not well taken. The point of order having
been decided, and other business having intervened, the right of appeal
is lost.
Mr. SHANNON--Why, Mr. Speaker, what is the question before the House?
The SPEAKER--The question is upon the adoption of the report.
Mr. SHANNON--The Speaker then holds that it is in order to receive the
report from the Committee?
The SPEAKER--The Chair holds that the report having been read, and it
having been moved and seconded that the report be adopted, the question
is on the adoption of the report.
Mr. SHANNON--I raise the point of order that it is not in order to
receive that report.
The SPEAKER--The report has been received and read, and the question is
upon the adoption of the report.
Mr. SHANNON--My point of order is this--we will probably get at it after
a while: That it is not in order for the majority of that Committee to
recommend any thing or bring a measure here.
The SPEAKER--The point of order is not well taken.
Mr. SHANNON--I appeal from that decision.
The SPEAKER--The point of order has been previously raised by the
gentleman from Tuolumne and Mono, and decided, and not appealed from,
and therefore the gentleman from Plumas cannot appeal.
Mr. SHANNON--No negligence on the part of the gentleman from Tuolumne
can cut me off from the right to appeal.
The SPEAKER--Nothing can cut the gentleman off from his right, but other
business having intervened, the appeal cannot be made.
Mr. SHANNON--I appeal from that decision.
The SPEAKER--There is no decision to appeal from.
Mr. SHANNON--The Speaker rules that I have no right to appeal; I appeal
from that decision.
The SPEAKER--Then the gentleman's position is that he has a right to appeal
from the decision.
Mr. SHANNON--Allow me a moment to explain my position. A question comes
before the House--no odds what it is--and the gentleman from Tuolumne
raise a point of order. The Speaker decides that that point of order is
not well taken. Now, does the Speaker pretend to hold that that debars
every other member from the right to raise the same question of order
upon the same issue?
The SPEAKER--Not at all; but the Chair will state to the gentleman
from Plumas precisely the question: The question raised by the gentleman
from Tuolumne and Mono was upon the reception of the petition [report?]
and the Chair understood the gentleman from Plumas, not using the word
reception, but to raise a point of order upon the right of the House to
entertain the report of the Committee, it not being made by the whole
Committee.
Mr. SAANNON [sic]--Let me correct the Speaker; it was upon the right
of a majority of the Committee to make a report recommending certain
things when the Committee had disagreed.
The SPEAKER--That is the question stated in other words. The Chair
ruled against the point of order then made against the gentleman
from Tuolumne and Mono, and the House then passed to the motion to
adopt the report. Up to that time there was no appeal.
Mr. SHANNON--Does the Speaker hold that the reading of that report was
other business?
The SPEAKER--The reading of the report was business. The reading of
the report, and after the reading came the motion to adopt the report.
There is nothing else before the House, and if the gentleman raises a
question of order upon the adoption of that report--
Mr. SHANNON--This is my point of order, that under our joint rules the
Committee of Free Conference had no right to make any report to this
House, except that they disagreed. Joint Rule No. 1 says: "In every
case of an amendment of a bill agreed to in one house, and dissented
from in the other, if either house shall request a conference, and
appoint a Committee to confer, the other house shall appoint a like
Committee, and such Committees shall meet at a convenient hour to be
agreed upon by their respective Chairmen, and shall confer upon the
differences between the two houses, and shall report as early as
convenient the result of their conference to their respective houses
for their action." They must report "the
result of their conference upon the differences between the two houses.
Now, instead of reporting the result, or anything relating to the
differences, they have adopted a report which is substantially a law
if agreed to by the House, for the Senate has adopted it. I appeal from
the decision of the Chair upon the right of the majority of the Committee
to make that report.
The SPEAKER--The gentleman can take no such ippeal. .The. report from
the majority of the Committee is always considered as the report of the
Committee.
Mr. SHANNON--Will the Chair rule whether or not it is in order to receive
that report?
The SPEAKER--No, the Chair will not rule that because it has already
been disposed of by the House. The report has been received and read;
it has not been adopted. .
Mr. SHANNON--Does the Speaker hold that it is in order to be brought
before the House?
The SPEAKER--The Chair holds that it is before the House, that it has
been read, that the adoption of the report has been moved and seconded,
and that that is the question now before the House.
Mr SHANNON--I appeal frem the decision of the Chair, on the ground
that the report is not in order, and that the adoption of the report
is therefore not in order.
The SPEAKER--That the adoption is not in order? That being the point,
the Chair rules it is not well taken.
Mr. SHANNON--I appeal from the decision of the Chair.
The SPEAKER--The question is, shall the decision of the Chair stand as
the decision of the House?
Mr. SHANNON--Now we have got it to a point where we can understand it.
I have read the whole of Joint Rule No. 1, and that rule, after stating
the preliminaries says the Committee shall report as early as convenient
the result of their conference to their respective Houses for their
action. Now I hold it to be parliamentary custom--first, that a Committee
of Free Conference, if they do not agree, can report simply that they
do not agree, as the result of their conference. They cannot make
majority and minority reports simply. And secondly, that a Committee
of Free Conference, if they unanimously agree on a measure, can
substitute all after the enacting clause, or do anything they deem
proper, and refer it back to their two Houses as the result of their
conference for their action. But if they disagree, they cannot report
the subject matter back in any other way than as a dissent or disagreement.
Then upon the report of the disagreement of a Committee of Free Conference
to the House, the question comes up--Shall the House adhere? And if the
House adheres, that ends the matter. If the House refuses to adhere, the
question then comes on receding; and if they recede, the question comes
up on the passage of the original measure. I deny the parliamentary rule,
or custom, or right of a Free Conference Committee to report in any other
way--
Mr. HOFFMAN--I rise to a point of order. The gentleman is discussing
a matter which has been decided.
Tho SPEAKER--The gentleman from Plumas, much to the surprise of the
Chair, has raised a question of order, that the adoption of the report
is not in order before the House. If the gentleman from San Diego makes
any point of order upon the position assumed by the gentleman from Plumas,
which he is now taking, after the appeal has been taken, the Chair does
not rightly comprehend the point of order.
Mr. HOFFMAN--I understand that he appeals from the decision that the
report is properly before the House.
The SPEAKER--The Chair rules that the motion for the adoption of the
report is before the House. The gentleman appeals from that ruling.
Mr. SHANNON--Perhaps the gentleman understands what he wants to get at.
If he does, it is more than I do.
Mr. HOFFMAN--I do not think you understand what you want to get at.
Mr. SHANNON--If the gentleman ever heard of a point of order upon
a point of order, it is more than I know of.
The SPEAKER--There is no objection to raising a point of order upon a
point of order.
Mr. SHANNON--There can be no such thing; but that is not now the question.
I am appealing from the decision of the Chair--not upon the question being
before the House as a matter of fact, but upon the right of the Committee
to make that report--
The SPEAKER--The gentleman is mistaken in what is his own point of order.
Mr. SHANNON--I understand that it is technically what the Speaker has
stated, but only in form.
The SPEAKER--The Chair apprehends not.
Mr. SHANNON--I was going on with my remarks that it is contrary to
parliamentary rules for the majority of a Committee of Conference to
bring forward a report, and contrary to the rules of the two Houses.
The SPEAKER--The Chair has no disposition to limit the gentleman in
his remarks, but it appears to the Chair that that is quite without
the range of the question he has himself raised.
Mr. SHANNON--I think not. I think the whole subject matter is the report.
It is not a question simply whether that report shall be adopted by
this House; the gist of the thing is the authority under these rules
by which the Committee has acted.
The SPEAKER--That is not the question before the House. The gentleman
from Plumas was precise in his statement of the point of order. The
Chair ruled that the adoption of the report having been moved and
seconded, that question was before the House, and the gentleman from
Plumas appealed from that decision of the Chair, to wit: that the
question of the adoption of the report is before the House. That was
the precise point decided, and the precise appeal, and that question
of appeal is the question now before the House.
Mr. SHANNON--I understand that is the fact. I understand that it is
a question of parliamentary law whether the Chair is right or wrong
in ruling that the report is before the House--
The SPEAKER--Not at all.
Mr. SHANNON (continuing)--whether that report is made properly,
legitimately and legally from the Committee of Conference.
The SPEAKER--There is no such question before the House. The House
has passed that question, the report has been read, and the adoption
of it has been moved and seconded. The gentleman cannot go back upon
matters decided by the House and passed.
Mr. SHANNON--I understand that the House has decided nothing; the
Chair has decided, and from that decision I appeal,
The SPEAKER--The gentleman misapprehends. The point made by the gentleman
from Tuolumne (Mr. Kendall) was ruled upon, and no appeal was taken, and
the matter passed by. The report was then read, and after it was read
the gentleman from Plumas raised the question of order that the Chair
had wrongly decided that the adoption of the report was the question
before the House.
Mr. O'BRIEN--I hold this view of the matter before the House. I think
that if it was out of order for the Committee to make a report of this
kind, of which I have some question, the time to raise the question
was when it was received. The report having been received, and no
appeal taken, I think the proper question now is upon the adoption
of the report. It has been received by the House as a proper report,
whether it was or not, and now the question comes upon its adoption.
I shall sustain the decision of the Chair.
Mr. DUDLEY, of Placer--I am like many others on this floor, unacquainted
with parliamentary usages, but it seems to me that this question stands
in this manner: Upon the commencement of the reading of the report the
gentleman from Tuolumne (Mr. Kendall) rose to a point of order, and stated
that a report could not be made except as a report of differences of
opinion. The point of order was ruled not well taken, and the reading
continued. Now no one could tell or judge of the nature of the contents
of that report till it was read, but at that time no appeal having been
taken, and the report read, accepted, and before the House, I cau see
no reason why the gentleman should raise an appeal upon that issue; and
that is the real issue. Therefore upon that issue I shall vote to sustain
the Chair.
Mr. MACLAY--I am perfectly astonished that this point should have
been raised at this moment. There was a perfect understanding in
the Committee that the majority should make a report, and that the
minority should also make a report. That is what we agreed upon in
the Committee, and I am astonished that the gentleman from Tuolumne
should raise the point of order.
Mr. KENDALL--The remarks of the gentleman from Santa Clara (Mr. Maclay)
call for some explanation from myself. With all due respect to that
gentleman, I claim that this question of the right and propriety of
a Committee of Conference making a majority or minority report was
freely, fully and thoroughly discussed in our Committee meeting--
The SPEAKER--The gentleman is not in order unless he speaks to the appeal.
Mr. KENDALL--I will come to that. As I was going to say this whole
question was discussed in Committee, and the ground I took there,
and wish to take upon this floor, Is this, that a Committee of
Conference, it seems to me by the plain rule of common sense--
The SPEAKER (interrupting)--The gentleman is not in order. The question
is upon the appeal of the gentleman from Plumas, and he is discussing
the right of the Committee to make the report.
Mr. KENDALL--I am endeavoring to confine myself to that point and I
think I understand it--the point of the appeal from the decision of
the Chair is that the reception of a majority report from the Committee
of Conference is in order.
The SPEAKER--There is no such question, and no such appeal.
Mr. KENDALL--It seems I am very dull to-day. Will the Speaker be so very
kind as to state the point?
The SPEAKER--It has been again and again stated by the Chair, and also
well stated by the gentleman from Plumas. The Chair ruled that the motion
made and seconded that the report be adopted, after the report had been
received and read, was in order; that the question before the House was
the adoption of the report; and the gentleman from Plumas appealed from
that decision, and that is the question now before the House. The question
being in form, Shall the decision of the Chair stand as the decision of
the House?
Mr.KENDALL--That is the very question I am trying to get at. I claim that
the adoption of the report is not in order, because the report itself is
not in order. The Speaker decided that it was in order, and the gentleman
from Plumas appealed, and I am trying to speak to that appeal. I claim
that the motion is not in order because the report is not in order. I
was remarking that a Committee of Conference could not make majority and
minority reports, under our rules. The general rule is that when a
Committee of Conference--
The SPEAKER--The gentleman from Tuolumne and Mono is not in order; he
is discussing a question which has been decided by the House, to wit,
the reception of the report. The report has been received and is before
the House. The gentleman,
although at liberty to discuss to the widest extent the question actually
before the House, is not in order to go back to what has been decided
by the House,
Mr. KENDALL--How am I to discuss the propriety of this appeal, unless I
am to discuss whether the motion itself is in order upon which the appeal
is taken? Now, if I show that the whole subject matter upon which this
motion is based, is not in order, it seems to me that I am talking to
the question. I am trying to show that the subject matter which the
motion is made to adopt, is not in order, and, therefore, the motion
to adopt it is not in order. I am trying to discuss that proposition.
Am I right?
The SPEAKER--So long as he confines himself anywhere within the range of
a question before the House, the gentleman's remarks are certainly in order.
Mr. LOVE--What disposition would have been made of this report had it been
a unanimous report?
Mr. KENDALL--lf it had been unanimously reported by both Committees,
both to this House and to the other, then the question would have been
upon its adoption. .
Mr. LOVE--Then is it not a report of the Committee coming from a majority
of the Committee?
Mr. KENDALL--Not from a Committee of Conference.
Mr DUDLEY of Placer--I desire to ask the gentleman a question. Do you
take advantage of your own wrong? You did not appeal at the time you
might have done so.
Mr. KENDALL--I do not see the point or the pertinency of the question,
and therefore I decline to answer it. Our rules are that when a Committee
of Free Conference cannot agree they shall report their difference.
That is the result of their conference, and the rule requires that they
report the result of their conference to their respective houses.
The SPEAKER--The gentleman misapprehends the rule. That is where the two
Committees agree--that is, where the Committee of Conference of the Senate
agrees with the Committee of Conference of the House.
Mr. KENDALL--I do not see it in that light. The rule requires them to
report the result of their conference. What is the result? They are to
report, not their conversations, not the various grounds upon which they
agreed or disagreed, as has been done by the majority of the Committee,
but they are to report the result, and the result is that they agree to
disagree.
Mr. AVERY--I am sorry to consume the time of the House on such a proposition,
and I am surprised that the gentleman from Tuolumne and Plumas should occupy
the time upon it if the gentleman from Tuolumne had appealed at the time
it was his right to do so, but the gentleman from Plumas now raises his
question of order, and upon that the gentleman from Tuolumne goes back
and questions the propriety of the report. I thought at the time it was
a wrong report--that they ought to report that they agreed or
disagreed--but I apprehend that it is wrong now for us to go back over
that action. Inasmuch as the House has equalized that which was perhaps
wrong, in receiving the report, I apprehend it is not proper for us to
go back. We have made it right by accepting and reading the report. I
shall vote to sustain the decision.
Mr. KENDALL--The reason I did not appeal from the decision of the Chair
in the first place was that after raising the point of order, upon
second thought I deemed an appeal premature. I thought the point of
order, and the appeal if the Chair decided adversely, would come up
more properly after the report had been read, because until it was
read, and we were officially made aware of its substance, there could
not be really any grounds of appeal
Mr. AMES--Being Chairman of the House Committee of Conference, I deem it
necessary to make a statement, which I should not otherwise feel called
upon to make, but without attempting to discuss the merits or the
reception of the report. I do not set myself up as a parliamentarian;
I presume the gentleman from Tuolumne is one; but I wish to say that
upon that Committee we had some of the best parliamentarians in the
Legislature, and they decided that the report would be in order; and
not only that, but the Committees did agree--
The SPEAKER--The Chair has endeavored to conflne gentlemen to the
question, and hopes the gentleman from Mendocino will keep within
the range of the question
Mr, AMES--I only wish to say that the Committee had agreed. A majority
of the Committee of the House, and the whole Committee of the Senate,
did agree to this report.
Mr. SHANNON--I hope the Speaker will allow this matter to take a wide
range. This is a very important matter as a parliamentary question,
and I hope the Chairman will indulge the gentlemen to the extent of
their remarks.
The SPEAKER--The Chair is disposed to indulge gentlemen in the utmost
range, so long as they confine themselves to the question.
Mr. FERGUSON--Mr. Speaker, I wish to ask, in the first place, if it is
the background of this large lobby here that prevents the Chair from
recognizing gentlemen.
The SPEAKER--The gentleman is not in order.
Mr. FERGUSON--I rose for another question. I understand the question
before the House to be, Shall the decision of the Chair stand as the
Judgment of the House? I understand, further, that the Chair has decided
that a motion made to adopt a majority report from a Conference Committee
is in order.
The SPEAKER--The Chair has not so ruled. The motion was not that the
majority report be adopted, but the motion was that the report be adopted.
Mr. FERGUSON--The Chair has ruled that that motion is in order, and
that report was a majority report. A motion was, made to adopt that
report being a majority report, and upon that a question of order was
raised that it was not in order to make that motion. The Chair decided
that the point of order was not well taken, and from that decision
the gentleman from Plumas appealed. Upon that appeal I shall sustain
the position of the gentleman from Plumas. The rule of this House in
regard to Committees of Conference is a rule founded upon that portion
of Jefferson's Manual which I will read: "At free conferences, managers
discuss viva voce and freely, and interchange propositions for such
modifications as may be made in a parliamentary way, and may bring
the sense of the two Houses together; and each party reports in
writing." I presume that means each Committee--"to their respective
Houses the substance of what is said on both sides, and it is entered
in their Journals." The only proposition, therefore, that we could
entertain would have been a report of what had been said, and that
report would have been spread upon the Journals. They might have said
they had a certain character of discussion, that they had raised certain
questions, aud the Committee of the Senate had disagreed with them, and
that report must have gone on the Journals. Now, I think that in the
appointment of that Committee origiginally [sic] the Chair committed an error,
in violation not only of this rule, but in violation of all parliamentary
usage.
Mr. AVERY--I rise to a point of order— that the remarks of the gentleman
are not relevant.
Mr. FERGUSON--Probably the obtuse intellect of the gentleman is not
able to see the point.
Mr. AVERY made a reply which was not heard above the confusion.
The SPEAKER--The gentleman from Sacramento (Mr. Ferguson) does not
evidently comprehend at all the rule he has read or the object of it. The
agreement or disagreement of a Committee of Conference consists in the
ability of a majority of one Committee to agree with a majority of the
other Committee; for there are, in fact, two Committees--one on the part
of the House, and the other on the part of the Senate. The Committee of
Conference, therefore, consists of six parsons, and if two of one body,
being a majority of that body, agree with two of the other body, being a
majority of that body, that is an agreement. The idea is not only novel,
but it is absurd, and the agreement of a Committee of Conference consists
in the unanimous consent of all the members. There is no such parliamentary
rule; there never was any; there is no such rule in Jefferson; none in
Cushmg, and it is an entire absurdity in itself considered. There is no
such parliamentary law, and to adopt such a rule would be to render useless
and put an end to all Committees of Conference.
Mr. FERGUSON--Had the Chair appointed a Committee expressing the will
of the House--that is expressing the will of the majority instead of
the minority, and had they met in council with the Senate's Committee,
and discussed the merits of the question, our Committee would have
returned and reported that they had agreed to adopt the amendment which
had previously been adopted by this House, or, on the other hand, they
would have reported to adopt the bill as passed by the Senate. Then what
course could the Chair adopt but to put the question, Will the House
recede from the amendment lt has adopted? Because the parliamentary
usage is, that if this House refuses to recede, the whole thing is at
an end, and the bill is defeated.
Mr. MEYERS--I think this matter is very simple indeed. I think there
is no use in wading back three or four days or a week and calling in
question what then had gone by. If these things were wrong, then was
the time to rectify them. The question is this morning upon the reception
of this report. The gentleman from Tuolume (Mr. Kendall) brings up a
question of order, that it is not in order to receive the report, and
that was overruled. At that particular point it was competent for him
or any other member to have appealed, but no one chose to avail himself
of that right. Now, the question before the House is, Is its adoption
in order? an appeal having been taken on that point. If we allow the
appeal to reach back through the day's proceeding, and nullify every
proceeding that has taken place before, that would create an interminable
confusion. The previous ruling may have been right or may have been
wrong, but right or wrong it has gone by, and another question is before
the House, namely, this appeal.
Mr. SEARS demanded the previous question, and several gentlemen seconded
the demand.
Mr. FERGUSON--The question now is, was it in order in the first place
to receive the report, and secondly, was it in order to move to adopt
it. If this rule was correct, if Jefferson was right, if the majority
of that Committee do not know more about parliamentary rules than
Jefferson, and if a majority of that Committee had been appointed to
speak the sentiments of the House, and not of a minority of the House,
such a report would have been made, and the Clerk would have entered it
upon the Journal. Then what would have been the question? It would have
been: Shall the House recede from its amendment? and if the House refused
to recede, then the whole matter would have been at an end. Suppose they
did recede then the next question would have been on agreeing to the
bill. The Chair should have appointed a Committee to represent the will
of the House, and not to represent a minority or the other House, our
Committee should have reported the state of the discusslons and the action
they had had, and that report should have been spread
upon the Journals. Then had the House sustained its amendment all
would have been at an end, and had the House agreed to recede then
the question would have been: Will the House adopt the bill as it came
from the Senate. Mr. Jefferson says this report cannot be amended or
altered, and immediately after hearing the report the Chair puts the
question on its adoption. I shall vote to sustain the point of order
raised, and I hope for the sake of our future proceedings that the Chair
will not be sustained.
Mr. HOAG--I rise for information ["Question. Question!"] I want to ask
the Speaker a question and upon his answer I'll base another question.
I want to ask the Speaker what was the duty of the Committee appointed
on the part of this House when it went into conference with the
Committee on the part of the Senate--whether it was the duty of
that Committee to represent the opinions of this House upon the
subject under consideration, or the opinions of the individual members
of that Committee?
The SPEAKER--The Chair will reply that if the gentleman from Yolo
(Mr. Hoag), and the gentleman from Sacramento (Mr. Ferguson), will
read their manuals they will find there answers to their questions.
I refer them to page 141 of Cushing's Manual, and with all respect I
will say they will employ their time better in studying their manuals
than in raising questions of order.
Mr. HOAG--Upon that answer I have another question to ask. [Cries of
"question" and confusion.]
The SPEAKER--The previous question has been demanded and seconded.
Shall the main question be now put?
One or two gentlemen demanded the ayes and noes, but the previous
question was declared sustained, and the ayes and noes were ordered
on the appeal, having been demanded by Messrs. Shannon, Hoag and Wilcoxon.
The vote on the question, Shall the decision of the Chair stand as the
judgment of the House, resulted thus:
Ayes--Amerige , Ames, Avery, Barton of San Bernardino, Battles, Bigelow,
Brown, Cunnard, Collins, Dana, Dore, Dow, Dudley of Placer, Dudley of Solano,
Eagar, Hillyer, Hoffman, Irwin, Jackson, Lane, Leach, Loewy, Love, Maclay,
McCullough, Myers, Moore, O'Brien, Reese, Reeve, Sargent, Sears, Seaton,
Smith of Sierra, Teegarden, Thompson of San Joaquin, Thornbury, Tilton of
San Francisco, Van Zandt, Werk, Woodman, Wright, Yule, Zuck--44.
Noes--Barton of Sacramento, Bell, Campbell, Davis, Dean, Dennis, Evey,
Ferguson, Frazier, Griswold, Hoag, Kendall, Machin, McAllister: Parker,
Saul, Shannon, Smith of Fresno, Waddell, Wilcoxon--20.
So the decision of the Chair was sustained.
Mr. TILTON of San Francisco, moved to make the report the special order
for Monday.
The SPEAKER said the motion was not in order, as the previous question
had been moved and sustained, and hastily put the question on adopting
the report, Messrs. O'Brien, Shannon, and other gentlemen meanwhile
standing in their places, and shouting "Mr. Speaker!" amid great confusion.
The Speaker recognlzed Mr. Shannon, at the same time stating that no
debate was in order, as the House was acting under the previous question.
Mr. SHANNON--No, sir; it only applies to the appeal.
The SPEAKER--If you refer to the rules you will find that it covers
all questions pending.
Mr. SHANNON--I hope the Speaker will not establish such a precedent.
I hold that when a question of order is raised pending any subject matter
pending before the House, the previous question raised upon that question
of order does not go to the question before the House; it only extends
to the question of order raised.
The SPEAKER--There has been a discussion before upon the effect of
that rule, and I hold as was once ruled when another gentleman was
in the chair that the previous question reached back to all of the
subject matter that is to come before the House.
Mr. BROWN--I supposed that I was voting to sustain the Chair in
holding that the main question was in order before the House. The
main question is the adoption of the report, and that I hold is the
question before the House, and it is not debatable.
Mr. O'BRIEN--Does the Chair decide the point of order not well taken.
The SPEAKER--The Chair so holds.
Mr. O'BRIEN--With all due deference I must appeal from that decision.
I consider that the main question was the decision of the appeal from
the ruling of the Chair.
Mr. BROWN called for the readlng of the rule in Jefferson's Manual.
The SPEAKER--It is not in order under the previous question.
Mr, LOVE--I have voted for the previous question under a misapprehension.
I sppposed [sic] the vote was on sustaining the decision of the Chair.
Mr. HOAG--I call for the reading of the report. Several Members--"Read!"
"Read!"
The SPEAKER--The Chair holds that it is not in order under the previous
question to read the report.
Mr. FAY--On that point I ask the privilege of reading a few lines from
Cushing's Manual.
The SPEAKER--It is not in order. The House understands that they are
acting under the previous question.
Mr. ZUCK--What is the question?
The SPEAKER--The question is upon the adoption of the report. The
previous question having been sustained the House is acting under
the previous question, and nothing can be entertained but the statement
of a point of order.
Mr. SAUL--I rise for information.
The SPEAKER--That is not in order.
Mr. IRWIN--I rise to a point of order. The main question was upon
sustaining the Chair, and that question has not been put. That question
exhausts the previous question.
The SPEAKER--A difference of opinion exists The Chair holds that the
question, so to speak consisted of two branches, and the previous
question runs back. It extends back through both branches.
Mr. O'BRIEN--On the Chair stating that the previous question extended
to the adoption of the report before the House, and not alone to the
appeal from his decision, I took an appeal which has not yet been decided.
I hold that the main question before the House was then on the decision of
the Chair that the adoption of the report of the Committee was in order.
The previous question has been moved, the question has been put on the
decision of the Chair, and the House has sustained it-----
The SPEAKER--The Chair has decided it. The gentleman took that point of
order before, and the Chair decided it.
Mr. O'BRIEN--I appealed from that decision.
The SPEAKER--The House cannot decide the appeal under the previous
question. The Chair is required by the rule to decide the appeal
peremptorily, without debate.
Mr. O'BRIEN--I shall have to appeal from that decision.
The SPEAKER--There can be no appeal.
Mr. SHANNON--I rise to a question of order.
The SPEAKER--The gentleman is out of order.
Mr. SHANNON--But I rise to a question of order.
The SPEAKER--The gentleman is not in order. The Clerk will call the roll.
Mr. SHANNON--Mr. Speaker--
The SPEAKER--The Clerk will call the roll.
Mr. SHANNON--Will the Speaker state the question before the House?
The SPEAKER--The gentleman is not in order.
Mr. SHANNON--Does the Speaker assume to decide an appeal for himself?
The SPEAKER--The gentleman will refer to his rules. The gentleman from
Calaveras takes an appeal, and the Chair must decide it peremptorily.
That is required by the rule.
Mr. SHANNON--I must appeal to the House. Allow me to read the rule.
The SPEAKER--It is not in order. The Clerk will call the roll.
The Clerk proceeded with the roll call.
Mr. HOAG (when his name was called)--I do not really understand what
I am called upon to vote about. I have risen to a question of order
and for information two or three times, and have been referred to
Cushing's Manual. Now, I have Jefferson's Manual here--
The SPEAKER--The gentleman is not in order. The Clerk will call the roll.
Mr. PORTER--My knowledge of the matters recommended in that report is
not sufficient to justify me in voting upon it, and the Chair has ruled
that it cannot read.
The SPEAKER--It is not in order; the Clerk will call the roll.
The Clerk called the roll through.
Mr. HOAG--Will the Clerk call my name? Now I honestly wish to be
informed [laughter]--
The SPEAKER--The gentleman is not in order.
Mr. HOAG--Will the Speaker tell me whether a vote--
The SPEAKER--The gentleman is not in order.
Mr. HOAG--I will take the chances then and vote no.
Mr. AMES--I will change my vote to no for the purpose of moving a
reconsideration.
The following was the result of the vote:
Ayes--Battles, Bigelow, Brown, Cunnard, Cot, Dana, Dore, Dow, Eagar, Hillyer, Hoffman, Jackson, Lane, Loewy, Maclay, Meyers, Moore, Reese, Sargent, Sears, Thompson of San Joaquin, Thornbury, Van Zandt, Wright, Yule--25.
Noes--Amerige, Ames, Avery, Barton of Sacramento, Barton of San Bernardino,
Bell, Campbell, Collins, Davis, Dean, Dennis, Dudley of Placer, Ferguson,
Frasier, Griswold, Hoag, Kendall, Machin, McAllister, Morrison, O'Brien,
Parker, Pemberton, Printy, Saul, Seaton, Shannon, Smith of Fresno, Smith of
Sierra, Thompson of Tehama, Waddell, Wilcoxon-32.
So the House refused to adopt the report of the Committee of Free
Conference.
Mr. Evey had paired with Mr. Reed, and Mr. Fay with Mr. Warwick.
Mr. AMES, immediately on the announcement of the vote, gave notice of a
motion to reconsider, which lies over under the rules until the following
day.
Mr. KENDALL--I ask the Chair whether it is in order now to present the
minority report of this Committee.
The SPEAKER--It is not in order; the report is disposed of. It would have
been in order to move the minority report as an amendment of the majority
report at the time.
Mr. O'BRIEN--I desire to read the rule under which I appealed.
The SPEAKER--It is not in order.
Mr. O'BRIEN--I rise to a question of privilege.
The SPEAKER--If there is no objection, the gentleman can proceed. ["Leave,
leave."]
Mr. O'BRIEN--I do not ask leave of the Honee, I have my rights on this
floor under the question of privilege. I am here in my place, and I
desire the Chair to recognize me. I read Rule 46: "All incidental
questions of order arising. after the motion is made for the previous
question, and pending such, shall be decided, whether on appeal or
otherwise, without debate." "Whether on appeal or otherwise." The
House shall de-
[CONCLUDED ON FOURTH PAGE.]
p. 2
NEWS OF THE MORNING.
. . . The communication under the caption, "Is the Sacramento Valley
Inhabitable?" embraces a very able argument in support of the proposition
that it is practicable to secure ample protection for the valley by a
system of levees, canals, etc. The facts contained in the communication,
particularly those relating to the rivers of the Old World, are of special
interest at this juncture.
Dr. Logan's meteorological report for the month of January will repay
perusal. The unprecedented weather of the past month was carefully
observed, and the record is worthy of attentive consideration and
preservation for future reference. . . .
Notwithstanding the rain of Sunday, the Sacramento and the American
remain about stationary. A considerable quantity of snow is reported
to have fallen in the upper country. At Placerville, last evening,
the weather was clear and cold.
FALSE ALARM.--The Sierra Democrat thus refers to the reports in
circulation in reference to an alleged scarcity of provisions since the
late floods:
A false alarm is that about scarcity of flour and other food. There is
more wheat and flour in the State, by all the accounts of the last
harvest, and allowing for reported losses and shipments, than can
possibly be consumed during the year. Does not everyone know that
the moment there is a prospect of making importation pay the least
profit at all a hundred orders for shipment of wheat and flour will
be telegraphed from San Francisco to the East, and sent to Valparaiso
and other Pacific ports?
That agriculture is to be in disuse in California, even temporarily,
is a mistake. The overflowed lands will produce more potatoes, beets,
and such vegetables, than last year. The deposits made by the floods
will insure this. Barley and wheat can be sown in the Spring and produce
good crops. For years, farmers in some of the Northwestern States raised
but little Winter wheat. The soil was loose, or they had not learned to
plow deep enough, or for some other reason wheat sown in the Fall was
raised out by the Winter frosts. Yet they did not suffer. Spring wheat
sufficed. The southern part of the State, where our fat cattle come from,
has been improved by the rains. Scarcely any stock lost by high water,
and the grazing is luxuriant. Cattle are in better condition than for
many a year before.
HIGH WATER.--The Nevada Democrat has the following:
From some information which we obtained as long ago as 1849, we are led
to believe that a deluge, nearly as great as that recorded in Scripture,
occurred on this coast in February, 1828. This is probably the great
flood referred to by General Vallejo, as having occurred in 1827. Our
informant was one of a party of trappers who were encamped on the
American river at the time of the overflow. After the water had subsided,
they went down to the Sacramento, near where the city now stands, and
examined the water marks on the trees, and from measurements which they
made they ascertained that the water had risen from sixteen to eighteen
feet above the banks. There was a great overflow in Oregon the same Winter,
and the Willamette was higher than it had been at any time since John
Jacob Astor's party settled at Astoria.
If the original banks of the Sacramento had remained during the late
floods, without having been raised or leveed, about the same hight of
water might have been indicated on the trees or other natural monuments.
THE ASSEMBLY.--Our correspondent at San Francisco, in his letter of
February 1st, says:
Several appeals were taken, but he [the Speaker] utterly refused to
put any question of appeal to the House. Even the appeal of Shannon,
from the decision that the motion to adopt was in order, was never put
to a vote.
Our correspondent informs us that this statement should be
corrected. He adds, that Shannon's question of appeal, February 1st,
was in the confusion finally put to vote, but no other one was put.
WEATHER IN THE INTERIOR.--A dispatch to the Marysville Express
gives the following indications of the weather in the towns named,
February 2d:
Chico--Raining here; weather cold; apparently snowing in the mountains.
Oroville--Commenced to rain hard at four P. M. to-day. and still continues.
Nevada--Snowing hard here.
Downieville--Snowing here.
Camptonville--Showing here.
Placervilie--Snowing hard here.
Auburn--Snowing hard here. . . .
REMOVAL OF THE LEGISLATURE.--This is as we expected it would be--our
legislators are generally as apt to seek their own comfort as any other
class of men we have. We think they should have remained at Sacramento,
even at great personal inconvenience, and should only have removed when
unable to discharge their duties as legislators. It seems strange that
while the whole State is sympathizing with the misfortunes of this devoted
city, our representatives are doing that which must injure its future
prosperity more than anything else in their power.--Sierra Citizen.
RISE.--Since the adjournment of the Legislature to San Francisco,
crackers and cheese have gone up to a high figure, owing to the fact
that members had become so accustomed to living on that article during
their short stay in Sacramento that they could not go "Frisco" grub.
Poor fellows! it is a wonder that they don't take to hard
drinking.--Auburn Advocate.
SNOW.--Snow fell at Mokelumne Hill during Monday night, January 27th, to
the depth of two inches. At Rich Gulch and West Point there was from six
to eight inches. On Tuesday night there was another snow storm, which
increased the depth to five inches.
CALVERAS.--Ferries have been established at Big Bar and Middle Bar on
the Mokelumne river, and the mail comes by Big Bar; at the Middle Bar
they have a ferry boat capable of transporting a horse and wagon. . . .
SWAMP LAND MATTERS.
In another column will be found a correspondence between Senator Parks,
Chairman of the Committee to whom the subject is committed in the Senate,
and A. M. Winn, the Chairman of the Board of Swamp Land Commissioners.
The question discussed is one which intimately concerns the people of
California who have cast their lot in the valleys of the State. By the
unexampled floods of 1862 many of them have lost all except their land,
and in numerous instances that has been rendered useless for the present
by the sand and gravel deposited upon it. No such event as a flood had
occurred for nine years, and people living on the rivers in the State
had pretty well satisfied themselves that all dangers from floods had
passed. From this dream of safety they have been rudely awakened by the
events of the past six weeks. The eager question they now ask is, can
the swamp and overflowed land in the State be reclaimed? Those who want
the money in the Swamp and Overflowed Land Fund decide at once that it
is useless to attempt a work so hopeless. But experience and science unite
in proclaiming that these valleys can be protected against higher floods
than those which have visited this valley this Winter, by means of levees.
Last season we had high water for weeks; the Sacramento was within a
couple of feet as high as it has been this season, yet it was kept from
overflowing the country from here to near the mouth of Steamboat slough,
by means of a narrow levee raised by the farmers along the river. A
levee broader and higher would have kept the water out this year. But
to build the character of levee needed, is beyond the resources of
the owners of the land, and they have for years past been appealing to
the State to have the money received for the sale of swamp and overflowed
land appropriated to that purpose, as was intended by Congress in making
the donation to the State.
Last year the first step was taken in that direction; a law was passed
creating a Board of Commissioners, and providing for a system of
reclamation and segregation for the State. Under the supervision of
the Board, the swamp and overflowed land has been segregated from that
which is public, and at the same time securing for the State thousands
of acres which had previously been surveyed by the United States
officers. The swamp lands have also been districted; from most of
them petitions for reclamation have been presented to the Board, and
the necessary surveys ordered. In most of the districts the reports of
the surveyors are in, and where the dollar per acre paid the State will
pay for reclaiming, the contracts will be ready to let so soon as the
water falls so as to enable the work to commence. It seems to us that
the course the Board has pursued is not only in accordance with the
State law, but exactly in accordance with the intentions of the Federal
Government in donating the land to the State. It is due the people
living in the valleys, who have purchased this land from the State,
to make an effort to reclaim it; and if the present law is permitted
to stand that effort will be fairly made. And until that effort is
honestly made by authority of the State, it would be a great outrage
upon the rights of those who have been overwhelmed by the floods, to
divert the money in the Swamp Land Fund to any other purpose.
The Legislature last year borrowed from the Swamp and Overflowed Land
Fund to pay members; but it had the grace to provide that the money
should be returned. That body also appropriated $200,000 from the
fund to reclaim swamp land, and placed it at the disposal of the
Board of Commissioners. Legally, we doubt whether that $200,000 can
be touched by the Legislature for its own purposes. It has, however,
begun the game of last year; it has passed one Act to rob the Swamp
Land Fund, to put money in the pockets of members and attaches. Last
year the fund was unappropriated, and provided it were returned no
great harm was done, except so far as the bad precedent went. But this
year the money in the fund has been appropriated to reclaim, and the
people will demand to know by what right the Legislature assumes to
reappropriate the money for the use of its members. The law should
stand as it is, undisturbed, until it has been fairly tested.
LEVEES ANCIENT AND MODERN.--The subject of levees is just now one of
the most important for the consideration of this community, and hence
we publish with pleasure all such communications as the one we give
to-day, signed "J. & R." It was prepared by those who have devoted a
good deal of labor in the investigation of the levee question, and who
are professionally able to furnish in a readable form the results of
experience and scientific research and experiments for hundreds of
years. The article ought to be read with deep interest by those living
in the Sacramento Valley, for it enlarges upon a matter in which they
are vitally concerned. The scientific portion of the article is pretty
well popularized--it is so put that it can be readily understood by the
unscientific reader, though we wish the writer had gone a step further,
and given us a little more in detail the effect a levee of a certain hight
would produce upon the floods in the Sacramento. The parallel between the
river Po and the Sacramento might be given more in detail, and we hope
will be in a second article. That river is longer than the Sacramento
and somewhat wider. It drains a valley not unlike this, and its
tributaries head in mountains on each side, which answer to the Sierra
Nevada and the Coast Range. The Alps range of mountains is just about
the average hight of the Sierra Nevada, and the Appenines are probably
higher than the Coast Range. The snows and rains which fall upon those
mountains send down into the valley immense floods; which have for
hundreds of years been harmlessly conducted to the ocean by means of
levees raised on either side of the River Po. At some points on that
river the levees are thirty feet high, and the bed of the river has
been elevated by the deposits of centuries until the surface of large
tracts of country are below the bed of the river. At the point named
on the Po, where at low water the river is ten and a half feet in
depth, it rises, in high water, to thirty-one feet; at this city,
the depth of the Sacramento river, at low water, is more than ten and
a half feet, while it rose this year twenty-four feet.
As the Po has been confined within its banks for centuries, it would
seem to follow that the Sacramento and American, by the same means,
can be confined to their banks. It is evident, from the experience of
ages, that rivers like those in California can be leveed so as to confine
the water they discharge within certain bounds; and that without any
very great amount of difficulty.
A similar view is taken of the subject by Dr. Logan in his monthly
report. He refers for illustration, to the mighty Mississippi, which
is leveed more or less from the mouth of the Arkansas to the Gulf of
Mexico. Those levees, too, except where the river sometimes undermines
them, confine the water within them, and have done so since the
Government was formed. If such rivers as the Po and Mississippi can
be successfully leveed, so can the Sacramento and the American.
BY TELEGRAPH TO THE UNION.
Weather in Placerville.
PLACERVILLE, Feb. 3d--P. M.
The weather here is clear and cold. . . .
CAN'T STAND WATER.--In response to an expression of ours that the
proprietor of Hayes' Park displayed a most liberal spirit, in offering
his buildings, furnished, to the Legislature, free of charge, a sagacious
individual who had obtruded himself into our sanctum, said: "Not so
very d--- liberal after all! He knew the Pubs couldn't stand water no
how, and thought the exclusive right to keep a saloon on the grounds a
pretty good thing. Besides, he knew d--- well there was nothing more
profitable to a bar than a corps of bulkhead advocates."--Amador Ledger.
MICHIGAN BAR.--We learn that the ferry across the Cosumnes river, at this
place, is at last in running order. A number of teams have crossed. . . .
STANISLAUS INDEX.--This newspaper has been discontinued, owing to the
difficulty of making collections, and other embarrassments growing out
of the recent floods. [1860-1862 Knight's Ferry]. . .
SWAMP LAND CORRESPONDENCE.
SAN FRANCISCO, Jan 30, 1862.
Dear Sirs: Inclosed you will please find a copy of Senate Bill No. 2,
which you will perceive if passed will stop all further action in the
reclamation and segregation of the swamp lands. . This bill was
introduced upon the supposition that the Commissioners were about to
let many large contracts that would absorb all the money now on hand,
and thereby deprive the State from borrowing the money for other
purposes; and further, that as the plans and specifications were
adopted prior to the late flood, that they would prove ineffectual.
Now as Chairman of the Committee to whom the bill was referred, I
wish you to state to me whether or not the Commissioners are about
to let such contracts, and whether or not the plans and specifications
for any great number of districts have been adopted; and if so,
whether they were adopted. with a view of reclaiming against such
extraordinary floods as we have just experienced.
By forwarding the above information, together with such other as you
may think pertinent, you will much oblige Your obedient servant,
WM. H. PARKS.
To Swamp Land Commissioners, Sacramento City.
OFFICE SWAMP LAND COMMISSION, }
SACRAMENTO, January 31, 1862. }
HON WM. H. PARKS, Chairman Committee, etc.--Dear Sir: Your favor of
yesterday came to hand to-day, and I am directed by the Board to
answer your inquiries. The bill that you send inclosed, and which
was referred to a Committee of which you are Chairman, provides that
the Commissioners "are hereby prohibited making any contracts under
said Act, approved May 13, 1861, and any contract hereafter by them
made contrary to the provisions of this Act shall be ipso facto
void, and said Commissioners are prohibited making or incurring any
further expense or liability under said Act of May 13, 1861, until
hereafter directed by law." "This bill (your communication states)
was introduced upon the supposition that the Commissioners were about
to let many large contracts that would absorb all the money now on
hand, and thereby deprive the State from borrowing the money for other
purposes," and you, as chairman of the Committee, desire to be informed
whether we "are about to let such contracts." The introduction of this
bill would seem to imply that we intended, secretly, to violate the law,
for the law requires that after adopting a plan for the reclamation we
shall, in some newspaper published in the county in which the district
is situated, advertise thirty days for proposals. No plan had
been adopted, therefore we have not, nor were we about to let
any contract. This is a fact that could have been ascertained in five
minutes by walking from the Capitol to our office. Therefore the object
of its introduction could only have originated in a desire to give
publicity to the fact that the Legislature intended using the Swamp
Land Fund, and thereby destroy confidence in further acts of the Board.
Such a course has effected that object full as well as if the law had
been passed--for the people in this country, most unfortunately, have
but little faith in their officers, and much less in laws subject to
the pecuniary necessities of their representatives in the Legislature.
It was this feeling among the people that we had to contend against
from the beginning. The law provides that if it shall appear that the
aggregate of one dollar per acre of the swamp land in a district will
not reclaim it, individuals must pay the balance in cash, and then the
Board msy proceed to reclaim. Here, again, we were met with objections.
Owners of property say, "What security have we, when we have paid the
balance into the treasury, that the Legislature will not borrow the money
in the Swamp Land Fund, even including the amount of our extra payments,
and leave us again for another year at the mercy of the flood?" We have
invariably answered that we did not believe that the Legislature could
appropriate the same money twice, and that they had by law already
appropriated two hundred thousand dollars for reclaiming the district
where the people had availed themselves of its benefits by petitioning
us to reclaim their lands, according to that law. We called their
attention to the fact that the Act of Congress passed on the 28th day
of September, 1850, provided that the swamp lands were given to the
State "to enable her to construct the necessary levees and drains to
reclaim the swamp and overflowed lands therein," and that "the fee
simple shall vest in said State, subject to the disposal of the
Legislature;" "provided, however, that the proceeds of said lands"
"shall be applied exclusively, as far as necessary, to the purpose of
reclaiming said lands by means of the levees and drains aforesaid."
We told them "we did not believe the Supreme Court would permit a
diversion of the appropriation from its legitimate purpose--that the
Legislature was only the trustee of the people in disbursing that fund
for reclamation, and for no other purpose." We advised them to accept
the proposition made them by the State, in the Act of May 13, 1861,
assuring them that we did not believe the Legislature would violate
that solemn contract entered into by their predecessors.
The Legislature had borrowed about two hundred thousand dollars out
of the Swamp Land Fund at its last session; the people were afraid
that it would not be paid back, but in November last it was returned.
We pointed them to that act as the evidence of good faith on the part
of the State; they received it as such. The sales of swamp lands
increased for a while; but many of our citizens predicted that the
next Legislature, in consequence of pecuniary wants, would not be
satisfied with the law as it stands, and therefore would repeal it
and use the money. We endeavored to quiet the fears of our citizens,
but with little success.
On the 9ih of December, 1861, the floods came and laid waste our
beautiful well cultivated valleys. The rich were made poor in a day;
the poor were made poorer, they had nothing but their energy of
character left. They are willing to work, but no employment can be
had. We hoped that in about forty days we should be able to let some
contracts, and give our suffering citizens work to do, pay them in
money for their labor, and in this way to start them again in the
world. Those who had clothes and provisions to sell would have sold
on credit to our citizens, with such a prospect of getting work. We
had caused the survey of districts to be made, so that the calculations
and computations were divided into small sections, each of which
included one person's frontage, with the object, as the law contemplates,
of offering such person the privilege of building the levee or other work
on the front of his own land, and thus enable him to live upon the money
paid for reclamation, while he at the same time was building a levee to
save his own property, which he could afford to do cheaper and better
than any other person.
But the Legislature blasted our prospects of having the work done
cheaply and helping our suffering citizens in this their time of
need: first, by entertaining a bill for a law to stop the work;
second, by the threatenings of individual members to repeal the
Act, and third, by borrowing one hundred thousand dollars of the
Swamp Land fund. Now we are told that the Legislature is using this
money at the rate of two thousand dollars per day--enough to keep
one thousand of our citizens at work every day the Legislature is
in session, whereby their immediate wants might be supplied without
receiving charity meals at the hands of the noblehearted people of
San Francisco and other places. Charity cannot last always; the time
will soon come when our people will be roaming about from place to
place, hunting a day's work, to buy food for themselves, their wives
and their little children. You in heart are with them, and opposed
to the improper use of the Swamp Land Fund. You are right upon that
subject. The people who have purchased these lands are proud of you
as their representative, standing, as you do, their faithful sentinel,
proclaiming their wants and demanding their rights. You and these who
think with you may be overpowered at your posts; but leave your record
pure, and reward will surely follow.
You ask "whether our surveys are adapted with a view to reclaiming
against such extraordinary floods as we have just experienced." In
answer I can only say that our surveys are adapted to any size of
levee, and all we have to do is to make the estimates according to
the highest water. Only one engineer has recommended an increased
hight of levee in his district in consequence of the late floods,
the engineers of the other districts having calculated their levees
in expectation that at some time the streams would rise much higher
that any flood we have yet seen. You will see by our report that we
have established twenty-eight districts, containing three hundred and
eighty-one thousand and thirty-four acres, of which the State has sold
two hundred and eighty-seven thousand four hundred and ninety acres,
leaving vacant nine hundred and thirty-five thousand and forty acres,
on which has been paid into the Treasury one hundred and forty thousand
three hundred and nine-two [sic] dollars and ninety-two cents. On these
districts we have had seventeen engineers at work--most of them old
and experienced workmen. In the office we have their combined
information, and can call them together for the discussion and
settlement of scientific questions at pleasure, and we frequently
avail ourselves of their knowledge and experience. The lands in the
established districts are all easily reclaimed under the present system
with some little amendment to the law.
We understand that there are three general principles at work against
the Swamp Land Act. First, the holders of large grants see in the
reclamation of these lands a decrease in the demand for lands held
by them; second, speculators cannot contemplate with approval the
idea of lands being so cheaply reclaimed without a chance of making
fortunes by it; and third, the owners of claims against the General
Fund of the State, who desire to be paid out of the Swamp Land Fund
because it has cash in it. All of these parties can give good reasons
for their opinions, and are no doubt satisfied they are right.
We look to the ultimate reclamation of all the swamp lauds in this
State. A part of the information necessary to determine a general
system of reclamation is now in our possession, and every month we
are adding to that store of knowledge. We now have the scientific
information that satisfies us beyond a doubt, that we can reclaim
District No. 1, lying between the American, Sacramento, Feather and
Bear rivers; also, District No. 2, lying between the east bank of
Sacramento river and the high lands on the east of the Tule, and
between the American river on the north, and the Mokelumne river and
Burton's slough on the south. There are others which will appear in
our official report; but we cite these, they being the most important,
as an example of our hopes of success. The two districts embrace about
one hundred thousand acres of the finest land in the State. Sacramento
city is included in District No. 2, and must be reclaimed with the
district. Under the law we can appropriate forty thousand dollars out
of the Swamp Land Fund towards its reclamation, the balance necessary
can be raised within the city and district during the course of this
year. For details we refer you to our report.
We have no secrets in the discharge of our duty. .We cheerfully render
your Committee or the Legislature any information in our power. The
subject is an inexhaustible one; the more we investigate it the more
we find to investigate. To me it has become a most interesting study,
an interest which increases every day, while we look forward fondly
anticipating the time when we shall see this beautiful country protected
against floods, and its inhabitants secure and happy in their cheerful
homes. With sentiments of esteem,
I have the honor to be your obedient servant,
A. M. WINN,
President of Swamp Land Commissioners.
THE CALAVERAS BLOCKED UP.--The Stockton Independent of January
31st says:
Persons who live in that neighborhood inform us that the Calaveras
river has been choked up by large trees end brush, which are deeply
imbedded in the mud and debris of the old channel, near the head of
Mormon Slough, so that in high water the main body of the stream runs
over its south bank and enters this slough, leaving the lower part
of the river channel comparatively dry. It is quite clear that if
these obstructions are not removed the Calaveras will cut for itself
a new channel, and make its regular debouchement into Mormon Slough
hereafter, to the great danger of this city.
THE UNION.--The citizens of our community never so fully realized
the value of that excellent newspaper, the SACRAMENTO DAILY UNION,
until deprived of it by the recent storm. They unanimously vote
it one of the institutions of the country.--Amador Ledger.
BOARD OF SUPERVISORS.
SACRAMENTO, February 3, 1862
The Board met pursuant to adjournment at 2 P. M. Present--Supervisors
Granger, Hite, Russell, Dickerson, Waterman and President Shattuck. . . .
A communication was received from E. H. Miller, Jr. and Jno. Leavitt,
of Virginia Clty, Nevada Territory, setting forth that they are the
owners of lots and buildings on K and L streets, Sacramento, and that
the same had been badly damaged and much depreciated in value by the
recent floods, and asking permission to fill up the streets in front
of their lots on K street to the extent of two feet, and on L street
to the extent of one and a half feet above high water mark. Referred
to the Committee on Streets. . . .
The Board then adjourned to meet at 10 o'clock this morning.
THE LEGISLATURE.--The wise and sagacious members of the Legislature
have seen fit to adjourn, temporarily, to San Francisco, preferring
the horrible disasters of an earthquake to a pleasant and genial boat
excursion from their boarding houses (in Sacramento,) to the Capitol.
They have committed a great error, and one, too, that they will heartily
regret, if they ever appear before the people again for a similar
position. We are aware that things were not as pleasant and comfortable
as might be desired, or as they expected; but then, under the
circumstances, we cannot indorse their action, and neither will the
people, for many and various reasons; the most essential one of which
is, at this time, that of aiding and encouraging a woe stricken people,
by remaining at their posts and performing their duties. If ever a
community needed the sympathy of the people, and was justly entitled
to it, it is the inhabitants of Sacramento. Millions of dollars have
been invested in that city; public works that are an ornament to any
State, have been erected at a heavy expenditure; among which we can
mention the Pavilion, and added to this are the State Fair grounds,
which were in a good and proper fix, and intended for the benefit of
the State at large, and it behooves the members of the Legislature,
as servants of the people, to guard against their downfall. But are
they doing it! We think not.
Removing the Legislature from that city upon the grounds that it is
unsafe and liable to be overflowed by our heavy Winter floods, will
not only deter capitalists from settling there, but will be the means
of removing capital from there that would otherwise remain, though
its safety from overflow might not be the best. Take the wealth away,
what is to become of the poor class, which constitutes the major portion
of the population? The poor man is dependent upon the rich for his
little home and daily bread. Therefore, remove the Legislature from
Sacramento and the result is the removal of the wealth and the complete
ruin of the poor man. The members of the present Legislature may keep
their "machine" moving all Winter from earthquakes and floods, and
squander all the money within their power, and depress and starve the
poor, still there will be one thing that they cannot control, and that
is the voice of the people. The proud satisfaction of knowing that
they will have to remain at home in the future is a small morsel of
consolation to them.
We hardly think the Capital can be established at any other point
than Sacramento, for its geographical position demands that it should
remain where it is. Flood upon flood may come, and still the people
will not demand a change. The State is able and should appropriate
an amount sufficient to make that city secure in the future from all
such disasters as have befallen it this Winter.--Auburn Advocate.
THE LEGISLATURE.--Our State Legislature has finally adjourned to
San Francisco for the remainder of the session. That such action
would be decidedly unpopular, they were well aware, and it required
a week's adjournment to enable the members of this Republican
institution to fortify their courage sufficiently to dare the
public indignation. Thus does the first act of the great immaculate
Republican party illustrate the principles of retrenchment and reform
it has professed to advocate. The Bee estimates the expense
of removal at $100,000, and states that $30,000 of that sum have
already.been expended. Did the necessity of incurring this great
expense really exist? It is indeed true that the present condition
of Sacramento would for some time cause inconvenience to delicate
members, yet such a state of affairs cannot long exist, and the
people would have by far preferred an adjournment for a time than
that this enormous and needless expense should be thrust upon them;
and (with all due deference to the delicate sensibilities of those
gentlemen who have the public weal so much at heart, composing the
great model-reform party), we may with safety add that the tax-payers
of this State had rather do without Republican legislation for the
season, than to defray the expenses incurred by such unwarrantable
extravagance. If this is a fair sample of Republican legislation,
it is better that we cry for quarter at once, settle up for the damage
thus far committed without murmuring, and let these effeminate
Republicans return to their homes--if they are out of water--where
soft hands can swathe their delicate limbs in dry flannels, poultice
their heads and soak their crackers and cheese in catnip tea. [Very
good prescription.]
When the assembled dignity, with its train, arrived in San Francisco,
the proprietor of Hayes' Park offered most excellent accommodations
for the carrying on of their future operations in retrenchment and
reform, free of charge, but to accept would be too parsimonious an
act for the great Republican Legislature of California, and another
place was selected at a cost of $1,000 per month. Thus has it cost
the State of California about $100,000 to erect a monument over the
grave of defunct Republicanism.--Amador Ledger.
VOTE ON THE REMOVAL OF THE CAPITAL TO SAN FRANCISCO.--We notice that
our Senators, Messrs. Gallagher and Lewis, both voted against the bill
to remove the Capital. In the Assembly, Griswold voted for the removal,
Campbell was absent on leave, while O'Brien declined to vote.
We believe it would have been better policy for the Legislature to have
remained at Sacramento. When the servants of the people cannot endure
the natural inclemencies incident to the State they represent, it
would be well for them to resign, and we will venture to assert that
as good men will be easily found in the State as the honorable members,
who will agree to remain in the Capital and take their chances during
the rainy season. This making a migratory institution of the State
Capital on account of a little additional fresh water, does not speak
very well for the fortitude of our public oflicers. : While our friends
in the loyal States are braving fire and water, snow and sleet, in the
service of their country, exposed to all the rigors of a Northern Winter,
without any covering save army tents, our gallant and chivalrous
legislators dare not even expose their well polished boots to the
water of our inundated Capital. In '49 or '52, two-thirds of the
present members would have prayed for just such rainy days, in order
to make money enough to furnish them with victuals. Truly Californians
are retrograding fast in all that constitutes true
manhood.--Calaveras Chronicle.
A MARVELOUS STORY CONTRADICTED--THE FLOOD OF 1862.--A few weeks since
we stated on the authority of an ancient Mexican, that in the year 1828
there was a flood which laid the site of Stockton some fifteen feet under
water. The same informant averred that the ground on which Sacramento
stands was that Winter covered to the depth of twenty feet. At the time,
we only gave this story as the account of an old "native Californian,"
having but little faith in its truth. Captain Weber, who has lived in
this valley for the last twenty years, says he never saw the water as
high prior to 1852 as it was that year. There are still old attaches of
the Hudson Bay Company living in this part of the State, who trapped
and hunted in the valleys of the Sacramento and San Joaquin for fifteen
years before Captain Weber came to the country, or thirty-five years ago.
They confirm the Captain's statement, and add that for the fifteen years
prior residence of themselves, there was no flood equal to that of 1852.
This knocks away the underpinning of the Mexican's marvelous story, which
we think was a mere fabrication. The flood through which we have just
passed bears with it evidences of such a character as to denote an event
not likely to be repeated in another century.--Stockton Independent.
HOW THEY VOTED.--We are much gratified to learn that our Assemblymen,
Seaton and Waddell, voted against the removal of the Legislature from
Sacramento to San Francisco. Neither the little dash of cold water,
which for a short time would inconvenience them at the Capital, nor
the allurements of the Bay city, conld induce them to so far disregard
the wishes of their constituents as to vote for a measure so repugnant
to them.--Amador Ledger. . . .
NOTICE.
THE UNDERSIGNED HAVING taken the UNITED STATES HOTEL, corner of
Front and R streets, and the only high and dry Hotel in the city during
the late floods, hopes by strict attention to his business to merit a
share of custom from the traveling community in general and the city
community in particular, in case of another flood.
fe4-1m4thp J. J. DENNIS. . . .
p. 3
CITY INTELLIGENCE.
. . .
THE LEVEES.--While Committees, engineers, writers, theorists and
mechanics are busily engaged in discussing the various propositions
for the ultimate leveeing in of our city, considerable anxiety is
felt by many of our citizens on account of the present condition of
the existing levees and the necessity for additional work on them in
the way of repairs. The members of the Committee of Safety appear to
have come to the conclusion to do nothing further at present, but to
wait until the general plan is agreed upon, the proper authority
obtained from the Legislature and the new levees are started under
the control of those to whom such authority may be delegated.
Considerable time must of course elapse before this work can be got
under way. In the meantime the city is constantly exposed, if the rains
continue, to the destructive current of the American river through
the crevasse at the tannery. The evil and injury from this source,
on account of the washing of the new channel and the formation of the
bar across the bed of the old river, increase with each successive flood.
It is impossible to calculate what injury may be done between this and
Spring, if the levee at the tannery is permitted to remain in its
present condition. The Committee of Safety have spent, we understand,
about ten thousand of the sixty thousand intrusted to their charge. Is
it not their true policy, all things considered, to proceed at once and
repair once more the levee at the tannery.. . .
FUNERAL OF JOHN C. BARR.--The funeral of John C. Barr took place yesterday
afternoon, from his late residence at Seventh and I streets. It was
attended by members of Sacramento Commandery. No. 2. of Knights Templar;
of Washington Lodge, No. 20, of F. and A. M., and of Sacramento Chapter,
No. 3, of Royal Arch Masons. The funeral proceeded to Fourth and L streets,
at which point boats were taken for the City Cemetery. The funeral ceremony
was performed by the Rev. W. H. Hill.
THE WATER.--Neither the water in the Sacramento river or that in the
lower part of the city appeared to rise yesterday in consequence of the
rain which prevailed through Sunday night and yesterday. It is reported
by telegraph that throughout a great portion of the mountain district
snow fell instead of rain, from which fact we may fairly infer that we
shall not have another inundation of the business portions of the city
at the present time. . . .
PROGRESSING.--The work on Colby's bridge at Sutter's Fort is progressing
as fast as the weather and circumstances will permit. It will he
completed at least as soon as country teams can get to and from the
slough, on account of the prevailing mud and water.
RAIN.--The rain which commenced at dusk on Sunday evening continued
until about three o'clock P. M. yesterday. The entire amount which fell,
we learn from Doctor Logan, is 1.250 inches. . . .
LAST EVENING.--Moonlight, starlight, clear and cold. Wind in the northwest.
Hopeful promises of fair weather, to be broken probably today or to-morrow.
AT WORK.--Operations were commenced yesterday, by hands in the employ of
E. Fell, in preparing to raise the steamer Gem from the bed of sand in
which she rests. . . .
REPAIRED.--The opening in the north levee, at Seventh street, has been
repaired by the cooperation of the residents of the vicinity. . . .
LAND SLIDE.--On the morning of January 21st; a land slide occurred at
Fort John, Amador county, which carried away the cabin of Kaler, killing
the owner and a squaw, who were occupying it at the time. . . .
[For the Union.]
IS THE SACRAMENTO VALLEY INHABITABLE ?
MESSRS. EDITORS: No subject is of mere interest to the fifty thousand
people who have heretofore composed the population of this valley than
a correct answer to the question which heads this article. If nothing
can be done to retain the rivers within their natural or artificial
banks--if new and additional channels cannot be made--if the sbort curves
and bends of the streams cannot be lengthened, or other means found
within the range of human experience and human effort to cause the
water to pass to the ocean without spreading over the valley; then
the people who reside here must find for themselves some other place
on which to erect their homes. The same causes which combined to
produce the floods of last Winter, and of the present Winter, may
conspire again to produce a flood next year, or that which will follow.
What has occurred may, and probably will occur again. However great the
fertility of the soil, men will not again erect valuable houses,
construct costly improvements, and gather about them large flocks and
herds, unless satisfied that they can be protected from the devastations
of such a flood as that which so lately passed over them.
Persons born and educated in sections of the country which have no
topographical resemblance to the Sacramento Valley and its surrounding
mountaln ranges, and who have not been heretofore called upon to
investigate the subject, may, perhaps, naturally conclude that what
they have seen can have no parallel and is without remedy. Editors
of newspapers publish the wildest speculations and the most crude
fancies, one going so far as to assert "that it has been computed
that a levee one hundred feet high would not contain the river during
the late flood."
On this subject, we are not without the experience of other people
and of former periods. The civilized nations of the highest antiquity
were chiefly inhabitants of valleys and alluvial plains. When mankind
ceased to be hunters, and commenced the cultivation of the soil, they
sought the low valleys and margins of streams, because in these
situations the earth was more easily worked and yielded to the same
labor more abundantly than in the hilly districts. The oldest records
and earliest evidences of civilization are connected with the building
of levees or the confining of rivers between artificial embankments,
the diversion of streams and other means to prevent the inundation of
valleys by the sudden overflow from the rivers running through them.
The entire inhabited portion of ancient Egypt was a low, flat country,
liable to inundations from the Nile. Records kept through a series of
ages show that the mean of the rise of the river was thirty feet at
Thebes and twenty-five at Cairo, but it frequently exceeded this.
Levees were constructed to prevent overflow upon the basis of
twenty-eight feet rise at Cairo, and when it exceeded this it caused
great destruction throughout the valley. The levees and canals
constructed by the ancient Egyptians to regulate the overflow of
the Nile and distribute its surplus waters for purposes of irrigation
are among the most wonderful remains of the works of that people.
The country around Babylon was flat, and only prevented from being
frequently inundated by levees on the banks of the Euphrates. The
country on the west side of the river had been annually overflowed
from the earliest period, and tradition ascribed to Semiramis the
construction of the levees which, when Babylon was a city, retained
the river within artificial banks. This country, once so productive
by reason of its levees and canals that popular belief designates it
as the Paradise of the Bible, is now by the neglect of its present
inhabitants turned into a waste, annually overflowed, in which the
waters stagnate. Layard, in writing of the remains of the levees and
canals built by the Assyrians, says the remains exist of a system of
embankments and navigable canals for retaining the water within
artificial banks and the disposing of the surplus, that may excite
the admiration of even the modern engineer. These connected together
the Euphrates and the Tigris. With a skill showing no common knowledge
of the art of surveying and the principles of hydraulics, the Babylonians
took advantage of the different levels of the plains, and of the
periodical overflow of the rivers, to complete the water communication
between all parts of the valley, and to fertilize an otherwise
unproductive soil. A singular discovery of his is worthy of mention.
In making excavations in the mound which covers the remains of the
palace at Nineveh, Layard sunk a shaft to ascertain the manner in which
the foundations for their buildings were constructed, he found that they
were built directly upon the alluvial soil of the valley. In sinking
below this he found layers of pebbles and broken pottery, which were
evidently a portion of a levee built by some former people to prevent
overflow from the Tigris, which at one time flowed at the base of the
palace. The Romans embanked the Tiber, near Rome, and the levees on
each bank of the Thames, above London, which protect from floods and
Spring tides several thousand acres of the richest garden ground, were
constructed at so remote a period that they also are supposed to be the
work of the Romans. The commencement of modern embankments in England
took place about the middle of the seventeenth century, under Cromwell.
He gave the direction of the work to Vermuyden, a Flemish engineer,
who in a few years reclaimed 425,000 acres of swamp and overflowed land
in Lincolnshire, Cambridgeshire, Hampshire and Kent.
The subject of confining between artificial banks rivers flowing from
mountainous districts, and liable to sudden overflows, has engaged the
attention of Governments and engineers for a long period. It is not
something new which we are called upon to investigate for the first
time. A vast number of experiments have been made, and the laws which
govern large bodies of water in motion have been duly ascertained.
The topography of this valley, lying between two ranges of mountains,
and its system of drainage is not unlike that of the valley of Lombardy
lying between the Alps and the Appenines, and drained by the river Po
and its tributaries. The Po takes its rise in the Alps, receiving the
drainage of the southern declivities of this range of mountains. It
flows in an easterly direction for nearly five hundred miles, and
discharges its waters into the Adriatic, about thirty miles south of
Venice. Its waters are liable to sudden increase from the melting of
snows and heavy falls of rain, the rivers that flow into it being
almost all mountain streams. During its long course it receives a
great number of tributaries, its channel being the final receptacle
of almost every stream that rises on the eastern and southern declivity
of the Alps and the northern declivity of the Appenines. The flat
country on the lower part of its course was subject to annual inundation.
Levees were first constructed on its banks during the time of the Romans,
and during the past four hundred years those levees have been the constant
care of the Government. No other river in the world has had its motions
so much scrutinized by the scientific men and practical engineers of Europe.
The result of their investigations and experiments are the formulas which
guide engineers in the making of embankments to prevent the overflow of
rivers. It was the subject of one hundred years litigation between the
inhabitants of the Bolognese and Farnese whether the waters of the Rheno,
should be thrown into the Trenco de Venezeua or the Po Grande. This
occasioned many experiments to be made, and measures to be taken of
that section of the Po and its declivity, and the quantity of water
which it contains in the different stages of its fullness. The Po
receives no rivers from Stelletta to the sea, and its slope in that
interval is found uniformly six inches to the mile. Its breadth in its
greatest freshets is seven hundred and fifty-nine feet at Lago Scuro
with a very uniform depth of thirty-one feet. In its lowest state its
breadth is not less than seven hundred feet, and its depth about ten
feet and a half. Its velocity, as established by repeated observations
during great freshets, is fifty-five inches per second. Here is a river,
more rapid, larger, and twice as long as the Sacramento, receiving the
melting snow of two ranges of mountains, and the drainage of valleys
where the annual fall of rain exceeds forty-three inches, which for
hundreds of years has been successfully retained between artificial
banks, and it is but one of numerous instances that might be cited.
Our own "Father of Waters" ought not to be omitted. Much of the
Mississippi valley is below the surface of the water in the river, and
is only protected from annual inundation by levees varying from five
to thirty feet high, and extending with the banks of the river over
a distance of one hundred miles. What has been done in other countries,
under mere difficult circumstances than any we have to overcome, may be
accomplished here, and the more readily and cheaply because we have the
results of their experience and the history of their mistakes. No
engineer would dare hazard his reputation as to the details of how
the work is to be accomplished until after a survey and investigation
of the difficulties to be overcome. But having seen that works of
greater magnitude have been successfully accomplished, there is little
presumption in concluding that this may be done. The plan to be adopted
depends upon facts yet to be ascertained. Those facts, however, are all
within our reach. The course, the fall, the size of the channel, the
amount of water and the nature of the soil or earths over which it flows
all are readily found. The feet or gallons of water which at any stage
of the late flood were actually in the valley, may be measured with as
much accuracy as a grocer would gauge a cask, and everything else
pertinent to the case may be ascertained with certainty. Obtain that
knowledge and the plan readily follows. But though speculation, without
facts, is not only idle but dangerous, it may aid in confirming rational
conclusions to have in simple form a few of the leading principles
proven by the scientific investigations above referred to. These may
be briefly stated as follows: The principles governing water in motion
are not affected by quantity, but govern alike in a half inch tube or
in the broadest river. The amount of discharge through a channel or
aperture depends primarily on two things--size and form of aperture and
velocity of motion. As estimates of size and form depend on ordinary
rules, they may be dismissed by merely observing that the best form
for a channel, as shown by experiments. is a semicircle, and that nature,
in wearing channels for rivers, strives, as it were, to obtain that form.
The chief object of the rules, is to ascertain the effect of various
causes on the velocity with which waters move. These again may be
considered under two heads, viz: depth of channel, and slope or
inclination of source to mouth. Supposing the latter constant or to
remain the same, depth has two immediate effects; it decides mean
velocity where it is constant, and it accelerates it where it is
increased. Experiments have established these two important rules:
First--Owing to friction, the velocity desreases in regular order
from surface to bottom. The current being measured on the surface,
the velocity of the bottom is ascertained by the following rule:
"From the square root of the velocity of the surface subtract unity
and the square of the remainder is equal to the velocity of the
bottom." Half the sum of these two velocities is equal to the mean.
For example, suppose the current on the surface to run 25 feet per
minute, then the square root of 25, less one, equals 4, and the square
of 4 or 16 equals the velocity of the bottom. One-half the sum of 25
and 16, or 20-1/2, equals the mean velocity. This, through a foot
aperture, will discharge 20-1/2 cubic feet of water in a minute of
time. The rule is founded on experiments, and may vary if run to
ultimates, but within the limits of experience it must be observed.
But though the relation between bottom and top is not affected, the
actual motion is materially increased by the increase of depth on the
same declivity. That is, of two rivers or streams of any size having
the same slope, the deeper will run the faster. The rule or principle
observed in this relation is that the velocities are to each other as
the square root of their mean depths. That is, in the case supposed,
if one of the rivers be sixteen feet and the other twenty-five feet
deep, if the former runs four miles per hour the latter will run five
miles per hour, or in the ratio of the square root of sixteen to the
square root of twenty-five. This rule is also true of all cases, whether
the streams be large or small, deep or shallow. The only precaution
needed in applying it, is that the depth must arise, not by adding to
the fountain or source, for that would change the slope, but by
depressing the bottom from source to mouth. These two rules are
sufficient for nearly all purposes
where this inclination is constant, and if applied will obviate many
errors.
As however slope varies, as the floods are piled up at the fountain, it
is necessary to inquire what rules govern in changes of inclination.
As these are modified by circumstances the first step in the calculation
is to reduce the form of the channel to a given form before applying
the rule. As the velocity is so retarded by friction, the form adapted
is a regular one, which expresses the amount of friction to which the
water is exposed in the true channel. This is done by the following
rule: Divide the area of a cross section of the channel by the length
of the line across the bottom from side to side, from surface on one
side to surface on the other, including all inequalities. The quotient
is called the hydraulic depth, and is equal to the depth the water
would flow if the same amount passed through a channel with flat
bottom and perpendicular sides. Multiply the hydraulic depth thus
found by the fall in feet per mile, and extract the square root of
the product. Eleven-eighths of this root is equal to the mean
velocity of the current, in feet, per second. For example, suppose
the hydraulic depth of a river is ascertained to be sixteen feet,
and the fall per mile one foot; the square root of the product of
these two numbers equals four, and eleven-eighths of four equals five
and a half--the number of feet at which water under these circumstances
will flow in one second. The formula from which this last rule is
deduced is intricate and subject to various modifications. It is
given as an average of results. The tables are made for a great variety
of changes, including all that are likely to occur in practice. Actual
observations have shown that, for ordinary cases, the increase of slope
is followed by an increase in velocity in nearly an arithmetical ratio,
and is so used in preliminary calculations.
Applying the above rules to a supposed case not widely different from
the Sacramento. Suppose a channel 12 feet deep, 600 feet wide, is
raised by floods at its source to 36 feet in depth, and an embankment
on each side of 6 feet be added, giving a third depth of 42 feet, what
amount of water is discharged in each stage on the supposition that at
12 feet its mean velocity is 2 feet per second? The currents, according
to the second rule above given, would stand to each other in the relation
of the square roots of these different depths--say 3-1/2, 6 and 6-1/2.
The increase of velocity, owing to increase of slope, is say in proportion
to the depths--that is as 2, 6 and 7; and compounding these two
proportions, the velocity of discharge will be in the ratio of 14, 36 and
45-1/2. The area of the first aperture equals width multiplied by depth,
or 7,200 feet, which would void 14,400 cubic feet per second. At 36 feet
depth the area equals 21,600, and it would void 222,170 cubic feet per
second. Adding embankment, making depth 42 feet, and it would void 327,600
cubic feet per second. That is, an embankment of 6 feet would make a
difference of 105,430 cubic feet per second, increasing the capacity of
the channel nearly one-half. The effect of this increase may perhaps be
better illustrated in this way: in a square mile there are 27,875,400
square feet; the above surplus would cover it a foot deep in 264 seconds
of time. This difference can be greatly augmented by setting the levees
back from the bank and in other ways. But, as has been said, it is not
only idle but dangerous to speculate without data. Different curves in
the bank, different slopes on different bends, different materials over
which the waters flow, different data of any kind from what is here
supposed, it will be perceived by the above rules, have no given ratio
between estimated results. If what has been written above shall aid in
turning the public attention to a rational view of the subject, the
end proposed is accomplished, viz.: that we may rationally conclude
that the Sacramento valley may be protected against floods, and that
science and experience can be relied on to furnish the plans for
doing it. J. & R. . . .
REMOVAL OF THE LEGISLATURE.--The Legislature has again, so far as the
members thereof could do, made the seat of government a "floating
institution." The people of the State of California for themselves
decided the locality of the Capital, and it was reasonable to suppose
that the subject was finally settled, but we are told that a flood
came--destructive in character and remarkably unpleasant to the members
of the Legislature--and in order to subserve exclusively the
convenience, and to satisfy the whims of honorable Senators and noble
Representatives in their fancied ideas of pleasure and enjoyment at the
Bay, they resolved to take up their abode there, regardless of their
constituents, who have to foot the bill, or of the predicament incurred
should the Supreme Court hold that the laws passed at that place were
unconstitutional. If Sacramento city had been rendered by water, or
otherwise, untenable--no "very unpleasant "--while all the other portions
of the State were unaffected, why, the members could have been excused
for condemning her and repairing to some other place (even in that event
we hold that a law and not a resolution would have been required); but
such was not the case--the whole State, from San Diego to Siskiyou, was
suffering under the effects of the storms: the people of nearly every
locality subjected to loss, much inconvenience and any amount of discomforts.
They have to bear them as best they can, while their temporary agents,
because Sacramento could offer no inducements in way of theaters, sports
of pleasure, or fascinating scenes common to large cities, they must
adjourn to meet in San Francisco. How easy to vote aye on a proposition
which will cost the people one hundred thousand dollars. What need they
care? Many of them, after the Legislature adjourns, will never be heard
of again, unless, possibly, their names be recorded in the passenger list.
Human beings are strange beyond all other animals; many of them are
ruined, and that forever, by clothing them with a little brief authority.
See them "down below " making laws of course--many of them could not tell
you whether a Coroner held Court, or a District Judge convened a Grand
Jury, still they will stand up as large as life when a proposition has
been moved on the outside and call out, " Mr. Speaker, I vote aye," without
ever thinking of the cost. We repeat, what need they care for expenses,
they are working for party and it so happens just now, the Republican party.
Oh you Republican sticklers for purity, economy and reform, the people of
the State will hold you accountable for the unnecessary expense of moving
the Legislature to San Francisco, one hundred thousand dollars will be
placed to your reformed account. If Sacramento really was in such bad
condition, why did you not adjourn for four weeks, that would have given
time for the floods to be assuaged and no additional cost incurred thereby
to the State. We are pleased to learn that the members from El Dorado
county voted against the resolution to adjourn to San Francisco. In
doing so they reflected the will of their constituents--they knew the
right, and as worthy representatives, defended it--for which El Dorado
will kindly remember them. As to what Republicans may do, nothing would
surprise us unless they should perform some praiseworthy
act.--El Dorado Times. . . .
METEOROLOGY OF SACRAMENTO.
[PREPARED EXPRESSLY FOR THE SACRAMENTO DAILY UNION.]
Abstract of Meteorology of Sacramento, with remarks.
By Thomas M. Logan, M. D.
[METEOROLOGY table. . . excluding precipitation & inundation?] . . . .
REMARKS.--Again we have to record the most extraordinary meteorological
occurrences, with their resultant effects, ever experienced since the
American occupation of the country--putting to fault some of our theories
and calculations. During the entire month, all the great valleys of
the State have been more or less inundated in consequence of continuous
rains, which have amounted here in one month, as seen in the table above,
to more than three-fourths of our average annual supply. On the 10th, the
water rose in this city twenty inches higher than the flood of the 9th of
December last, reaching the level of the river, which had attained the
unprecedented hight of twenty-four feet above low water mark. This is
satisfactory evidence that, copious as the rains have been here, they
have been still more so at the sources of our rivers, and doubtless
have there measured three or four times as much as at this locality.
A reliable communication from W. A. Begoli of Nevada informs us that at
a given period we had only about two-fifths of the quantity which fell
in that locallty, and which, from the 26th of December to the 12th of
January inclusive, amounted to nearly twenty-six inches. Doubtless in
some other parts of our steep and rugged mountain chains, which are the
great condensers of the vapor borne from the tropics by the southeast
trade winds, the precipitation has been still more copious; but we are
not prepared to credit all the accounts that reach us of the most
marvelous pluvial deposits, exceeding that of the tropics in our
hemisphere, which is estimated at 115 inches for the whole year. In
England the amount of rain that falls in the mountainous districts is
only a little more than double that of the less elevated portions of the
country; and the effect of the Alps is, that while the annual amount of
rain in the valley of the middle Rhine, and on the plateau of Bavaria,
is only 21 inches, in Berne and Tegernsee, at the foot of the Alps, the
rain is nearly double, or 43 inches. Thus, although the amount of
precipitation varies greatly in different localities, even in the same
latitude, still the mean annual fall in the North Temperate zone is but
37 inches, and we do not think it can much exceed double this quantity
in any part of our State.
No person who has not investigated the subject can form an adequate
idea of the immense quantity of water a single inch of rain over a
large area produces. It has been calculated that one inch, falling
over a surface of 1,000 square miles, would, in being drained off by
a river two hundred yards wide, with a current of four miles an hour,
raise said river eight.feet and keep it at that hight for twenty-four
hours. Now, when we consider that the Sacramento drains about 80,000
square miles [no, 27,800 sq. mi. + San Joaquin Cosumnes to Grapevine,
31,800 s.m. more] before reaching the city, we find no difficulty in
accounting for its late overflows without accrediting all the
exaggerated accounts we read of rain admeasurements. In this connection
we would remark that the Mississippi drains 1,226,600 square miles
[1,151,000] of territory, and yet two-thirds or all the real estate
capital of Louisiana lies below high water mark. Now the regimen of
that river shows that the levees have lowered its level, and by
concentration of its waters vastly increased the discharging capacity of
its channel--so much so as to induce a general settlement of all the
alluvion of the Mississippi, even where the water marks are several
feet high. Reasoning from analogy, therefore, it is readily perceived
that, great as may appear the amount of water to be drained by the
Sacramento, it is altogether insignificant when compared to that of
the Mississippi, and that it is quite practicable to provide a
sufficient channel for its discharge as well as for that of its
tributary, the American, by a judicious system of levees.
Among the meteorological eccentricities of the month, at variance
with our theories and past experience, we have to record the occurrence,
on two different periods, of heavy continuous rains for twenty-four
hours, with a northerly wind. Heretofore, a striking peculiarity of
the rains of California has been their irregularity, falling almost
invariably in showers with southerly gusts of wind, and seldom continuing
with any uniformity. But on these occasions the rain was steady and
settled, measuring in the first instance, on the 6th, 2.690 inches,
and in the second, on the 16th, 3.150 inches. Besides this unusual
phenomenon, we also have to note the heaviest snow storm ever experienced
here, and which lasted about eighteen hours. On the morning of the 29th,
the earth was found covered with a white mantle to the depth of about
an inch and a half, and it continued snowing more or less all day. When
melted, the whole measured in the rain guage 0.250 inches, which is
equivalent to about three inches of snow. Since this the weather has
remained fair and very cold, as shown by the thermometrograph, and we
trust it will prove the breaking up of the long term of warm southerly
winds and rains which, acting on the mountain snows, have produced such
overwhelming diluvial effects. In fact, we have experienced no cold weather
prior to the 27th, and hence may reasonably calculate upon a cold and
late Spring, with a more gradual melting of the snows above us.
Throughout all the storms of the month, the barometer has ranged lower
than it has ever done before at this period of the year. On the afternoon
of the 17th it fell to the minimum recorded above, which is the lowest
reading ever made with our Smithsonian instrument. These extraordinary
depressions of the mercurial column were attended alike with high winds
as well as rain. The most violent of these storms was experienced on the
evening of the 19th, after a steady declension of the mercury for
thirty-six hours. As the gale did not last long here, and did not prove
as violent as we had reason to anticipate from the low range of the
mercury, it is probable that only the outer edge of the great gyratory
movement of the atmosphere reached us. We learn that at San Francisco
the barometer ranged, all through the month, two-tenths higher than here.
The extraordinary meteorological occurrences of the month have not
been peculiar to this State. Our intelligence from Oregon represents
a similar state of things there, and it is probable that Washington
Territory and the entire Pacific coast, for a great distance up and
down this continent, has been visited in like manner.
Our observations have as yet been of too short duration to enable us
to approximate to any conclusion as to our weather cycles. A long
series are required to be combined and analyzed, in such a manner
that general laws may be separated from accidental disturbances,
before a truth can be extracted or a fact established. Such a season
as the present may not occur but once in a quarter or half a century.
On the western coast of Europe a theory has been advanced that the
culminating points of bad Winters occur every twenty or twenty-two
years. Our stormiest Winters may run in short and long cycles. At all
events, the laws which govern them can be read as intelligibly here
as elsewhere, and in due time we trust that the progressive science
of meteorology will enable us to obtain results from our observations
that may admit of a theory in regard to them which will afford some
warning of such a season as we are now experiencing.
LEGISLATIVE.--The desks, chairs and other articles which have been
packed from San Jose to Sacramento, from Sacramento to Vallejo,
from Vallejo to Benicia, and from Benicia to Sacramento, have now
been taken from the Capitol at Sacramento to the old United States
Court house on Battery street, San Francisco, opposite the Custom
House, which has been properly fitted up.--San Joaquin Republican.
The next move none can now say. Why would not it be a good plan for
the Legislature to have a large structure, in which to assemble,
erected on wheels? When members became a little tired of a place,
they could hitch up and put out for another--the people would pay
for it, of course.--El Dorado Times.
[CONCLUDED FROM FIRST PAGE.]
cide sir, and not the Speaker. That is the rule of the House. . . .
HIGH WATER MARKS.
Mr, Hoag offered the following:
WHEREAS, It is a matter of great importance to this State, and particularly
to the swamp and overflowed land districts, and the farming sections
bordering thereon, that the high water marks of the late floods
throughout the districts, should be correctly, uniformly, and
permanently secured, as a valuable reference and guide in determining
the proper mode to be adopted, and the amount of labor required for
the reclamation of those lands; and, whereas, the people who have
invested their money in and who reside on or bordering the same, being
most interested and best situated, immediately, and while those marks
are fresh and of easy discernment, to secure the same; therefore,
Resolved, That all such persons throughout the State, be, and
they are hereby, urgently requested, without delay, each upon his own
premises, and at such other places as he may deem important and in
conspicuous places, upon permanent trees. buildings, fence posts, or
other durable monuments, plainly to designate said high water marks,
by cutting thereon horizontal lines at the exact hights reached by the
late high water, and immediately above said horizontal lines to cut the
figures '62; also, that all persons living near the boundary lines
between the swamp land districts and the higher lands adjoining, be
and are hereby requested to drive stakes with the figures '62 cut or
painted thereon, into the earth upon the lines reached by the late high
water, sufficiently near together that said lines, with their meanderings,
may be easily traced.
Resolved, That all newspapers throughout the State where persons
may be interested in securing the above object, be requested to publish
in their papers the above resolutions and to call the attention of
their patrons to the same.
Mr. Maclay moved that the resolutions be postponed indefinitely.
Mr. Hoag said this matter had been suggested to him by one of the
most eminent topographical engineers in the State, a man who had been
in the employment of the United States Government for many years past,
and was familiar with all the great valleys on both sides of the
continent. He thought it was of the utmost importance that the high
water mark of the recent disastrous flood should be ascertained and
definitely marked out, for the benefit of those occupying the overflowed
lands, and to assist engineers and others in determining the proper
mode to be adopted in reclaiming and preserving these lands. Rather
than dispose of the subject hastily he would prefer to postpone it
till Monday.
Mr. Maclay said he had observed a disposition to protract this session
by the introduction of propositions which had very little bearing upon
legitimate subjects of legislation. They might with quite as much
propriety appoint a Committee to go to the moon to ascertainn [sic]
whether that luminary had anything to do with the Sacramento flood.
There were marks on trees on the Sacramento river, showing the high
water of previous floods, which were twenty feet higher than the last
flood, and on the American river five or ten feet higher. There these
marks stood as monuments of the folly of living on the banks of those
rivers. He hoped the resolution would be laid on the table.
Mr Hoag stated the object of the resolutions, and said he did not believe
there was a man living on these swamp lands, but would readily comply
with the request made, and consider that the practical survey he was
thus helping to make amply repaid his trouble. The Swamp Land Commission
had spent thousands in surveying lands, but they all knew that nature
was a more accurate surveyor than man. The marks of nature's survey were
now plain to be seen, and the object was to fix them permanently while
they were fresh, so that they might go down to future generations. The
engineer to whom he referred had told him that he had sometimes crawled
up the inside of a hollow tree with a lighted candle, in order to observe
the works of floods.
Mr. Meyers said if the object of the resolution was to stimulate the
attention of those interested, he thought it was a good one, and would
go for it if it entailed no expense hereafter. There were parties
interested who would neglect to make those marks, unless their attention
was directly called to the subject.
Mr. Bell asked if there would be any expense involved.
Mr. Hoag--None at all.
Mr. Bell said it had been stated that there were high water marks on
trees along the Sacramento and American rivers, far above the recent
flood, but he supposed the trees grew upwards, and that consequently
marks upon trees were about as unsatisfactory as they would be upon
floating blocks of wood. It might therefore be that those celebrated
trees that rumor speaks about, like that sycamore to which Gen. Vallejo
was said to have tied his schooner, might have grown considerably since
then. In the happy little valley of Oakland he had noticed the growth
of the live oak trees, and probably there were not one of them there
over one hundred years old. Gen. Vallejo rnlght very well have tied
his boat, fifty years ago, to the very top of some of those magnificent
oaks, with a low tide at that. He thought the marks should be made in
some solid, stable place, and trusted that if the resolution passed,
it would be with an amendment to that effect. He was sorry to hear his
friend from Santa Clara (Mr. Maclay) proclaim that it was known to all
mankind that the valleys of the Sacramento and other rivers were
uninhabitable, but the basis of that statement being the marks upon
growing trees, was not a very reliable one, and until there was better
evidence, he hoped they would still conclude that those great valleys
were the garden of the Pacific slope.
Mr. Maclay said the floods to which he referred were those of 1847,
1849 and 1853, and he supposed the trees upon which marks had been
made could not have grown ten or twenty feet higher since those periods.
There were the most positive proofs of the hight of the flood in '47.
The remarks of the gentleman from Alameda, in regard to the growth of
trees, reminded him of the boy who heard a cow bell in the top of a
tree, and his father told him that he remembered planting the tree
there thirty years before, when he was a boy, and it had grown up to
its present great hight, carrying the bell with it, swinging to the
breeze and ringing, and there the bell hung and rung to this day.
(Laughter.) The late flood would leave its mark at least in the memory
of the present generation.
Mr.Tilton of San Francisco said the resolution merely requested
certain persons to perform certain acts, and he thought the better
way would be to pass a bill empowering the Board of Supervisors to
direct the County Surveyors to erect permanent monuments of the hight
of the flood, the expense to be paid by the.several counties interested.
He would move the reference of the resolution to the Committee on Swamp
and Overflowed Lands, for the purpose of making such a report.
Mr. Brown said he saw no reason why the resolution should not pass at
present. It would cost nothing, and they knew by the experience of the
last flood that the inhabitants would derive great benefit from such
marks. There was one individual in Stockton who, to his knowledge, would
have saved $7,000, at least, had there been marks put up of the flood
in 1847, which he believed, not withstanding Mr. Maclay's remarks, was
the only modern flood higher than that of 1862.
The Speaker directed Mr. Tilton to put his amendment in writing.
Mr. Hoag said that in conversation with the engineer to whom he had
referred, the question of having the marks made by the county surveyors
came up, but the engineer replied that the men living on those lands,
and directly interested, would make those marks more certainly than any
officials. They would do it the moment they saw the suggestion, and they
were already upon the ground. If the subject were referred to the county
surveyors, it would not be attended to until spring, when the rains would
have washed out the marks on trees, posts and buildings; besides, there
would be a large expense incurred. If the resolution were passed now, in
less than a week all the marks would be made throughout the State.
Mr. Meyers objected to the proposition of Mr. Tilton, because he
thought it would create an unequal tax.
Mr. Eliason advocated that proposition, stating that what was everybody's
business was nobody's business. One of the greatest interests of
California was involved, and whatever action was taken should be taken
officially and actively.
Mr. Hoag said he would have no objection to the reference provided
the Committee were not instructed.
Mr. Tilton of San Francisco submitted his motion in this form:
"That the resolution be referred to the Committee on Swamp and Overflowed
Lands,.with instructions to report a bill directing the Boards of County
Supervisors to direct the Surveyors of such counties as have been
overflowed to erect permanent monuments at such points as they may
direct, and in such manner showing the highest point reached by the
flood of 1862." He said he thought it was necessary that people should
know exactly how high the flood of 1862 reached; and if they left it
discretionary with every man to record the marks of the flood, some who
desired to sell their property well would place the mark so as to show
that it was very little, if any, under water. The resolution would
therefore amount to nothing, and the only way to accomplish the object
would be by law, directing the County Surveyors to make permanent
monuments that once accomplished, would prevent any man from cheating
by placing his water marks where he pleased.
Mr. Saul said he was in favor of the reference without positive
instructions and believed it would be better not to leave the matter
to parties interested.
Mr. Fay said the proposition would involve a large expense which was
unnecessary. Every man would have a mark of his own at any rate, and
he would vote for the original resolution if it was distinctly understood
that there were to be no relief bills hereafter for services rendered
under it.
Mr. Tilton of San Francisco said such a provision could be inserted
in the bill, and the expense would be paid by the counties interested.
Mr. Fay replied that that could make no difference; the people would
have to pay the expense all the same.
Mr. Ames said he had been in this country through several floods, and
had seen the Sacramento vally [sic] under water for forty days. He had
shown people the hight of the water in those floods, and some of those
who refused to credit his assertions he presumed had been drowned in
the very flood. It was better that this work should be done by authority,
for no business man would go into the valley, and take the word of any
man of whom he proposed to purchase, as to how high the water was.
Mr. Pemberton said the swamp land commission had under the Reclamation
Act caused a great deal of engineering to be done last Summer, and the
levels had been taken for hundreds of miles in the
aggregate with a view to building levees. Most of the engineers would
go over their work to estimate the additional hight required in view
of the late flood, and it would be useless to involve either, the
counties or the State in any expense in those sections, because those
high water marks were already being recorded by authority. In other
sections he thought Mr. Hoag's resolution would be all that was necessary.
Mr. Eliason expressed a doubt whether the matter would be attended to
at all unless it were required to be done by positive law.
Mr. O'Brien moved to amend Mr. Tilton's motion so as only to require
the Committee to consider the expediency of reporting a bill on the
subject.
The amendment prevailed, and the resolutions were referred; with
instructions to consider the expediency of reporting a bill.
BRIDGE AT FOLSOM.
The House proceeded to the consideration of Senate messages, and
Senate. Bill No. 40, an Act to grant the right to construct and
maintain a bridge across the American river, near Folsom, in the
county of Sacramento, was read twice.
Mr. Ferguson moved that the rules be suspended in order that the
bill might be read a third time, and said it only empowered the
parties interested to rebuild their bridge, which had been swept away
by the late flood. They had twice built a bridge there, and now
proposed to build it twenty feet higher than ever before. It was a
local bill upon which the Sacramento delegation all agreed, and it
was absolutely necessary that the bridge should be rebuilt immediately.
The old charter only granted the franchise from year to year, but the
new bridge would call for the investment of too much money to warrant
them in going on with a temporary charter only. They now asked for a
longer franchise to enable them to borrow money if necessary, and it
was desirable that the bill should pass at once.
Mr. Fay said he objected to suspending the rules as a matter of principle,
desiring that all bills should go through their regular course, and
intended to move the reference of the bill to the Sacramento delegation.
However, as the delegation were already agreed upon it, he would withdraw
his objection.
Mr. Collins said he objected.
Mr. Dudley of Placer said he could not understand why the bill should
come up in this shape, and he thought it ought to be referred to the
delegations of the several counties interested.
Mr. Saul said he saw nothing objectionable in the bill. The corporators
asked only for permanent franchise for twenty-flve years, which would
warrant them in making the necessary outlay. Their rates of toll would
still be under the control of the Sacramento Board of Supervisors.
Mr. O'Brien said this debate was not in order because there was one
objection, which was sufficient under the rule to prevent the bill
from taking its third reading.
Mr. Eagar said he objected, because the bill was a very important
one, and he would not withdraw his objection.
Mr. Ferguson said he knew it was important, but it was of very great
importance that the bridge should be rebuilt immediately. The roads
in that direction had all been rendered impassable by the late floods,
bridges had been broken up, etc., and he hoped gentlemen would withdraw
their objections.
The Speaker, while Mr. Ferguson was still speaking, recognized
Mr. Hillyer.
Mr. Ferguson--Have I or not the floor?
The Speaker--The gentleman has not.
Mr. Ferguson--How did I lose it, Mr. Speaker? I had not taken my seat.
The Speaker--The objection having been insisted upon, all debate ceases.
Mr. Ferguson--I am appealing to gentlemen to withdraw the objection.
The Speaker--The gentleman is not in order, and will take his seat.
Mr. Ferguson--I shall not yield the floor upon this dictation of
that Chair.
The Speaker--The gentleman is not in order.
Mr. Ferguson--The courtesy I owe to your position.
The Speaker--The gentleman is not in order.
Mr. Ferguson--If I am out of order the Chairman can give me a reason for it.
The Speaker--The gentleman is not in order, and will take his seat.
Mr. Hillyer has the floor.
Mr. Ferguson--The gentleman will not take his seat--
Mr. Hillyer said the counties of Placer and Sacramento were immediately
interested in the bill, and since it must be referred, he moved to
refer it to those delegations. A member suggested that El Dorado be
included.
Mr. Hillyer accepted the suggestion.
Mr. Avery moved to include Nevada also.
Mr. Dudley suggested that the bill be referred to the Committee
on Corporations, and then all interested could go before that
Committee.
Mr. Ames moved to refer it to the Cammittee on Corporations, with
instructions to report on Monday at 11 o'clock; and the other motions
to refer were withdrawn.
Mr. Ferguson--I rise to a question of privilege.
The Speaker--If the amendment is withdrawn. There is only the original
motion before the House.
Mr. Ferguson--I rise to a question of privilege.
The Speaker--There is a subject before the House, that being disposed
of, the gentleman can rise to a question of privilege. The resolution
now is to refer the bill to the Committee on Corporations, with
instructions to report on Monday.
The bill was referred accordingly. . . .
REMOVAL OF STATE OFFICERS AGAIN.
The Clerk read, as a part of the Senate messages, the title of Senate
Bill No. 16--An Act to fix the temporary residence of State officers,
etc.--with a statement that the Senate had agreed to a report from the
Committee of Free Conference upon that bill.
The Speaker said the question was on adopting the report.
Mr. Ames moved that the bill be made the special order for Tuesday, at
twelve o'clock.
Mr. Shannon--Do I understand the Chair that that bill is again before
the House, after having voted to reject the report of the Committee of
Conference? I move that it be laid on the table.
Mr. Ames--I think my motion takes precedence.
Mr. Shannon--I hope the Speaker will understand his business about
that matter.
Messrs. Ames, Maclay aud Frasier called for the ayes and noes on the
motion to lay on the table.
Mr. Eagar called for the reading of the bill for information, and it
was read without the amendments.
The Speaker--First reading of the bill. The question is upon laying
the bill upon the table. That motion takes precedence.
Mr. Saul--What will be the effect of not laying it on the table?
How would it stand then?
The Speaker--The motion in order before the House, is the motion of
the gentleman from Plumas, to lay the bill upon the table. The motion
of which that takes precedence, is the motion of Mr. Ames, to make it
the special order for Tuesday at twelve o'clock.
Mr. Tilton of San Francisco--It will require a two-third vote to get it
up again if it is laid on the table.
Mr. O'Brien--Not at all. Under motions and resolutions it can be taken
up by a majority vote.
The Speaker--Undoubtedly. The fact is as the gentleman from Calaveras
has stated. It can come up under resolutions and motions to morrow.
The vote resulted thus :
Ayes--Amerige, Avery, Barton of Sacramento, Bell, Campbell, Davis, Dean,
Dudley of Placer, Ferguson, Frasier, Griswold, Hoag, Kendall, Machin,
McAllister, Morrison, O'Brien, Parker, Porter, Printy, Saul, Seaton,
Shannon, Smith of Fresno, Smith of Sierra, Teegarden, Thompson of
Tehama, Waddell, Wilcoxon--29.
Noes--Ames, Barton of San Bernardino, Battles, Bigelow, Brown, Cunnard,
Collins, Cot, Dana, Dennis, Dore, Dow, Dudley of Solano, Eagar, Hillyer,
Hoffman, Jackson, Lane, Leach, Loewy, Love, Matthews, Maclay, McCullough,
Meyers, Moore, Reeve, Sears, Thompson of San Joaquin, Thornbury, Tilton
of San Francisco, Van Zandt, Werk, Woodman, Wright, Yule, Zuck--37.
So the Honse refused to lay the bill upon the table.
The Speaker--The question recurs upon the resolution making the bill the
special for Tuesday next at twelve o'clock.
Mr. Shannon--Does the Chair rule that it can be made the special order
for Tuesday?
The Speaker--The Chair sees no objection, though there may be some
doubt about it.
Mr. Shannon--I rise to a question of order. That bill has passed out
of the hands of the House until on Monday, when it may come up under
the motion of Mr. Ames to reconsider.
Mr. Ames--The bill was with the Senate. The action here to-day was
upon the report alone.
Mr. Shannon--My point of order is that until the House finally acts
upon that report, adopting or rejecting it, the bill cannot come before
the House.
The Speaker--The Chair suggests whether or not the adoption of the report
is the passage of the bill.
Mr. Shannon--The Committees report having been rejected--kicked out
of the House in other words, you cannot bring in the measure again
upon what it was based. That would be a stultification of the action
of the House.
The Speaker--The Chair is not able to comprehend the justice of the
principle stated by the gentlemen from Plumas.
Mr. Shannon--Mr. Speaker, I will state it again. The House disagreed
to the Senate bill. It came back again, and the House refused to
recede--in other words, adhered. A Committee of Conference was appointed.
That Committee brought in a report recommending the passage of the bill.
The House to-day refused to adopt that report, which is equivalent to
the rejection of the bill, being the rejection of the action of the
majority of the Committee. Is it not? Then I say the gentleman from
Mendocino (Mr. Ames) gave notice that he would move a reconsideration
of the vote by which the House refused to adopt the report, and until
final action is had on the reconsideration, the bill cannot come before
this House.
Mr. Avery--I think if the Chair reflects a moment he will see the
justice of the grounds stated.
The Speaker--I am inclined to the opinion that the motion to make
it the special order for Tuesday is not in order, and that those who
desire to press the bill must do so upon the reconsideration.
Mr. Shannon--That reconsideration would certainly bring it before the
Honse.
The Speaker--It is an extraordinary position for the bill to be in,
here among the Senate messages, and to me it is a new one.
Mr. O'Brien--I would ask if it is the understanding of the Chair that
this bill is the same in substance as the one which was in the hands of
the Committee.
The Clerk--It is the same bill.
Mr. O'Brien--Then there is a joint rule which I will read. It is
Rule 12. "When a bill or resolution, which has been passed in one
house, shall be rejected in the other, it shall not be brought in
during the same season without a notice of five days, and leave of
two-thirds of that house in which it shall be renewed."
The Speaker--I am satisfied that the joint rule does not obtain--
Mr. Avery--It does not obtain until after the vote upon reconsideration.
Mr. Bell--Mr. Speaker, have you decided the point in your own mind?
The Speaker--As this is to me a very extraordinary position for a bill
to be placed in, a position which I have never known before, the Chair
will be thankful for any suggestions upon the subject.
Mr. Bell--I do not imagine that there is any precise rule upon the
question, and therefore it must be decided upon the sense of justice.
We have for a long time discussed the merits of the subject upon the
report of the Joint Committee of Conference of these two Houses. That
report was not adopted by the House. If it had been adopted, it would
certainly have been impossible for.the House to act upon the bill again
coming from the Senate. and therefore, if the report was thrown out,
it would be equally impossible for the House to act. But the bill is
held before us by the notice of the motion to reconsider, and until
that is disposed of we shall be absolutely contradicting all our action
of the morning, if we consider the bill coming from the Senate.
Mr. Shannon--This is not at all an extraordinary circumstance; on the
contrary it is one of frequent occurrence. The Senate of course cannot
take cognizance of our action until notified, and there is no
notification of our rejection of the report. Meanwhile the Senate has
passed the measure and sent it in with a proper notification. Now our
action this morning in relation to that report holds that subject matter
in obeyance until the reconsideration shall be disposed of. When that
notification from the Senate came up, if the Chair had said it goes
over to await action of the House upon the report of the Committee,
that would have been a proper course. My point is that the House can
take no action upon the measure, and it goes over until the House acts
finally upon the report.
Mr. Ames--If that is the understanding I will withdraw my motion.
The Speaker--Then the bill will be passed upon the file. That is the
operation of withdrawing the motion. . . .
At half-past two o'clock, the House adjourned.
THE LEGISLATURE.
In the Senate yesterday, . . .
A resolution was offered by Williamson, requiring the Sergeant-at-Arms
to provide the hotel-keepers of San Francisco with coal, in order that
they might have fires at their houses to warm the Senators. The bill
to appropriate $25,000 for the relief of sufferers by the floods, the
same to be paid over to the Howard Benevolent Association of Sacramento,
was indefinitely postponed by a vote of 24 to 9. Perkins, Porter, Burnell,
Rhodes, Chamberlain, Shurtliff, Oulton, Baker and Van Dyke spoke as well
as voted for the indefinite postponement. Banks, Harvey, Watt, Heacock
and Quint spoke against such action.
In the Assembly, yesterday, . . .
Several local bills were passed, under a suspension of the rules,
among them, Senate bills authorizing A. G. Kinsay to construct a wire
suspension bridge across the American river near Folsom, . . .
The motion to reconsider the vote by which the Assembly rejected the
Conference Committee's majority report for removal of State offices,
was lost--ayes, 32; noes, 35. The removal project is therefore dead and
buried. . . .
Sacramento Daily Union, Volume 22, Number 3387, 5 February 1862, p. 1
LEGISLATIVE PROCEEDINGS OF TUESDAY.
In the Senate, on Tuesday, . . . Bills to prevent animals from
trespassing upon private property, and to prevent domestic animals
from running at large, were introduced, read twice, and referred to
the Committee on Agriculture. . . . The Senate, in Committee of the
Whole, considered the bill concerning chattel mortgages, introduced a
few days since by Senator Crane, and referred to the Committee on
Judiciary. This is the bill providing that liens may be created by
mortgage upon crops. The bill was recommitted to the Committee on
Judiciary, with instructions that the same be reported back with
sundry amendments. . . . The Senate adjourned at quarter past two
o'clock.
In the Assembly, . . . A resolution was offered for the appointment of
two messengers, at a per diem of eight dollars per day (the messengers
to pay their own traveling expenses), whose duty it shall be to carry
messages for the Assembly to and from the State officers at Sacramento.
A substitute was offered that a Committee be appointed to confer with
Wells, Fargo & Co., in regard to transmitting all necessary messages
and documents. A motion to lay the resolution on the table prevailed by
a vote of 42 to 20. Senate messages were taken up, and disposed of
as follows:. . . . a bill to make an appropriation for the payment of
boat hire at the State Capital;. . . . A bill to amend the law
concerning the herding of sheep, which had been made the special order
for one o'clock, was taken up and discussed at that hour. The present
law allows the herding of sheep upon all unoccupied lands of the State
or of the United States. The amendment confines the sheep owner to his
own lands, or to land in his possession, and repeals the provision just
named. The bill was, after half an hour's discussion, finally recommitted
to the Committee on Agriculture. A resolution was offered requiring the
Sergeant at-Arms to secure proper healthful ventilation of the Assembly
Chamber. Mr. Fay said the matter would fee arranged during the day.
The resolution was not acted upon. The Assembly adjourned at twenty
minutes before two. . . .
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION.]
SENATE.
MONDAY, February 3, 1862.
The Senate met at eleven o'clock, the President in the Chair, . . .
MISCELLANEOUS.
. . .Mr. Perkins, from the Committee on Finance, . . . He also reported back
the bill for the relief of sufferers by the flood, recommending its
indefinite postponement, . . .
THE HOTEL KEEPERS.
Mr Williamson offered the following:
Resolved, That the Sergeant-at-Arms be authorized to furnish
fuel to the hotel keepers of San Francisco, and that the expenses of
the same be paid out of the Contingent Fund of the Senate.
Mr. Williamson said he hoped that would pass. He found a great many of
the members had been rushing furiously around the city for fire, and
were unable to warm themselves. They had found plenty of stoves but
no fire.
Mr. Chamberlain inquired whether the gentle[man?] could not get his
coppers hot without an appropriation for fuel.
Mr. Williamson replied that he could internally but not externally.
The resolution was not acted upon. . . .
SUFFERERS BY THE FLOOD.
The bill for the relief of sufferers by the flood was announced for
final action.
Mr. Perkins said the Committee were fully aware of the extent of
suffering that exists in this State, growing out of these unprecedented
floods, but they did not feel at liberty to recommend an appropriation
of $25,000, in view of the financial condition of the State government.
A large sum of money will have to be raised this year in some way, to
meet the ordinary expenses of the government, and provide for the direct
tax apportioned to the State by the General Government, and we felt
that, under all the circumstances, the appropriation might work very
unequally and unjustly to some portions of the State. We considered
that some of the counties were remote, and would never, perhaps,
receive any of the benefits of this appropriation, although they had
suffered to quite as large an extent, if not more severely than the
counties nearer to us. In view of the whole subject--not lacking in any
degree of sympathy whatever for the community in consequence of these
disasters, and the sufferings of the parties who have been flooded out
and lost all their property, and all that sort of thing--we felt compelled
to report against the passage of the bill.
Mr. Banks--I would say that I introduced that bill at the request of
those who had the relief of sufferers in charge, and for the further
reason that there was a necessity for doing something in the case.
Here were the sufferers, imperatively requiring the necessaries of
life. To supply those, it becomes necessary to resort either to the
State Treasury or private subscription. Now efforts very commendable
and partially successful have been made in the way of subscription.
But private subscriptfon does not answer the end. That mode has been
exhausted. Those that can give are the very persons that will be applied
to in future, and it is not reasonable to expect they will give much
longer. I think the most equitable mode of raising this amount, which
is absolutely necessary, is by taxation, and we can only do it by
making an appropriation from the State Treasury. Now I am told there
is no money there for this or any other purpose; but I am also informed
by those fully competent to judge, that if this bill be passed, the fact
that the money will be on hand in a few months, certainly in the course
of a year, will enable them to raise the whole amount immediately. The
only question which presents itself for our consideration is, shall we
depend upon a few men, who have already given liberally, or shall we
require all to pay a portion of this amount that must be raised? I hope
we will decide in favor of the appropriation system instead of relying
upon private contributions.
Mr. Porter--Some time since I introduced a bill of the same character,
the only change in the present one being that it gives $5,000 more than
that proposed giving. But the circumstances are now different from what
they were then. At that time it was not known what extent of country
was deluged by the flood; but it was known that the vicinity about
Sacramento was entirely overflowed, and it occurred to me that there
were a great many people residing in those low lands that were in
danger of their lives, and to relieve them was the object I had in
view when I introduced the bill originally. But the necessity is now
removed, in consequence of the generosity of the people of San Francisco
who have sent boats to their relief, and we have further ascertained
that this calamity extended throughout the State. If we make this
appropriation now as suggested by the bill, the effect will only extend
to a small portion of country in want of aid, and it will fall short
of the objects intended. The Committee report the indefinite postponement
of the bill; as a member of the Committee, I would suggest that the
same course be now taken by the Senate.
Mr. Banks--The bill which the gentleman speaks of provided for the relief
of sufferers by flood in Sacramento and its vicinity. This makes no
reference to Sacramento, except that the Howard Benevolent Association
at Sacramento shall act as Commissioners to distribute this fund. I
inserted the name of that Society because I think they were in a
condition, by means of their organization and their connection with
this mode to distribute this fund throughout the State more
satisfactorily than any other party.
Mr. Powers-- I would like to ask one question: What means of
communication has that Society with several districts in this State
like Los Angeles and Siskiyou; for instance.
Mr. Banks--Undoubtedly, in any distribution that may be made, there
must be a great deal left to the discretion of those who distribute
the relief. I have no doubt the distribution of a fund of this kind
would be quite considerable. As I said before money for this purpose
must be distributed. It must be collected, and the only question before
us, is whether we shall depend upon a few charitable people or upon
people holding property throughout the whole State.
Mr. Burnell--I moved the reference of this bill at the time it was
introduced, and for that almost received the censure of some of the
Senators. It was very evident at that time it would fail to meet the
object for which it was introduced. It was very evident that a great
many throughout the whole State'had suffered to a great extent, and
that the people in reach of the Howard Benevolent Society were no more
needy than other portions. To put $25,000 into their hands and
distribute it, is an impossibility--was so then, as well as at the
present. I saw a statement in the newspapers that nearly all the people
in the Pavilion have been cared for, and in three weeks the duties of
the Society will have been accomplished. If so, this money could not
be distributed by them to any purpose.. It would cost more than $25,000
to distribute it throughout the State. I do not see why persons in
other portions, who have suffered also, should be taxed to take care
of the people in the immediate vicinity of Sacramento. I am decidedly
opposed to the appropriation of $25,000 for any such object. I do not
think it will be distributed; on the contrary, I think it will be badly
applied.
Mr. Harvey--Notwithstanding there may be many objectionable features
in that bill, yet I believe it is a duty of this Legislature to pass
upon this Act and to make an appropriation to meet the wants of the
emergency. This is not ordinary legislation, it rises above it, and
demands at our hands some action. Let us admit that there are objections
in the bill; that it will not accomplish all that it was intended for.
I hold that this is not for Sacramento alone, but for the whole State,
and the money will reach, in general, the purpose intended. We can
prepare and pass here, day by day, many a bill that will not be half
so commendable, and not so worthy of an appropriation. I hope this will
be referred again to the Committee, and perhaps some amendments made,
and that we may pass upon an appropriation. It is now said these people
are depending on the charity of the community. Such is the case, sir.
There are men in this city who have expended thousands of dollars, and
they have still to continue their appropriations to relieve the sufferings
of the people of this State. I say it is unjust on the part of the
Legislature of California, knowing these circumstances, to pass them
by unnoticed.
Mr. Watt--It seems the great objection to this bill is that the amount
is not large enough, and will not meet the case of all who have suffered
by the flood. Now, I think it is better to relieve some than to relieve
none. I think before this Senate adjourns it will find it necessary to
make an appropriation of $50,000 to $100,000 to enable those who have
had their homes swept away to procure seed. I think it is a very poor
argument to say it will not relieve those in the lower part of the State
as well as those in Sacramento. There is nothing at all said about miners.
Still. I say these $25,000 will do a great deal of good, and I hope the
bill will pass. It has never been denied but the Howard Association has
extended relief to every person who has come to it, whether they lived
in Sacramento or twenty-five miles out. I hope some gentleman will get
up another bill, including provision for seed to those farmers who have
lost everything. It will be a benefit to the whole country.
Mr. Chamberlain--The great objection is that it takes money from one
portion of the people that has suffered equally to the people of
Sacramento and gives it in the hands of those around Sacramento. All the
money to relieve sufferers thus far has gone to that city, and now you
ask us to tax our constituents in other portions, many of whom have
suffered as much, and many have suffered more, to relieve tose who
have received all the money. I will vote for a bill that shall distribute
the money equally throughout all portions of the State.
Mr. Shurtliff--Perhaps there is no county in the State that has
suffered more than the county of Trinity, and if this appropriation
is made, such is the organization of this Society, I believe that the
county named would not receive any benefit. The county of Trinity has lost
more lives than all of this district within the scope of this Society--from
the junction of the Sacramento and Feather rivers down to the confluence
of the San Joaquin and Sacramento. With all its losses, this appropriation
would afford it no benefit. Why, after the late floods on the principal
stream where snch extensive improvements had been made, there is not left
a bridge, a dam or a wall, from the mouth of the river to its sources.
This appropriation affects that portion of the State. The poor are always
with you, and wherever you go into any portion of the State, there you
will find them, and those who have can relieve them. I hope this
appropriation will not be granted. Not that I believe an appropriation
made as contemplated would not be well distributed--no better Society
could have this fund in charge than the Howard Benevolent Society--they
have come to the relief of many a starving family, they have sent their
messengers forth to search for the needy amidst the howling of the midnight
storm--still I cannot consent to make this appropriation, inasmuch as it
is a general appropriation for a local purpose. The interior country,
which is beyond the reach of this Society, is in want of the very staff
of life--where it costs eight cents a ponnd freight merely to lay it down
to be distributed--and will you take one shilling from them? I believe
you will not adopt any such measure. I believe it is far better to rely
on the benevolence of the community. If the State of California appropriates
$25,000 for local purposes, the interior counties will speak through
their Supervisors, and knock at the door for $2,000, and $3.000, and
$4,000---Siskiyou, Trinity, Shasta, El Dorado, and others will apply
to the Legislature, and will you refuse it? It is opening a door for
a greater amount than the State at this time can spare from the Treasury.
Mr. Heacock, representing the county named in the bill--I have felt
some degree of timidity in speaking with regard to the merits of the
bill. I have been through all the floods from the 9th of December, and
I know well the suffering of our people, and of the bordering counties.
I know they are in want; they were, sir, in abject starvation, as it
were. The people of San Francisco and several other counties of the
State have been very kind, have acted nobly. As soon as the news came
to this proud city, as soon as the first rush of water had rolled down,
and back rolled the tidal wave, so soon came succor to our people. They
are not only from Sacramento. They have drifted in the there [sic] with the
waves that rolled down from the mountain counties--not from one but from
all and every of the interior counties. The members of this Society
organized themselves together as a band, to shelter and to feed the
needy, and forsooth, because they could not during the floods go far
out into the county of Yolo, where
" The bending heavens kissed the rolling waves,"
they should fold their arms and go to sleep! because we cannot serve
all alike in every portion of the State, may we not be enabled to serve
a few where we have a perfect organization, a competent organization
of business men, not political men who seek political favors, but men
who had left their banks and their stores to attend to the wants of
their suffering fellow creatures. It is but due to them, due to your
own noble city of San Francisco and to other portions of the State
who have so long held open their purses, that credit should be given
them for what they have done. I hope the bill will pass.
Mr. Watt--I look upon this bill not as an appropriation to build bridges
and repair dams, and other losses. I myself have lost many thousands in
the flood, but I am able to get along without any help. Still, I am
willing to vote for this, and even a larger appropriation to feed the
hungry and clothe the naked. I believe there is not an individual in my
constituency however poor, but is willing to give his last dollar to
feed any man that is hungry, or clothe him who is naked, whether he
lives in the county of Sacramento or anywhere else. I believe the
people of the State of California would appropriate that amount with
a great degree of satisfaction.
Mr. Oulton--I fully concur with the gentlemen who are against the
recommendation of the Committee on Finance and in favor of the passage
of this bill, that it should be the policy of the Government to provide
and care for the destitute of their population; but, sir, I think in [?]
this case the bill is really impracticable. Were this calamity a local
matter, circumscribed by some limit, then I would be in favor of voting
for the retlief of that locality; but the visitation has taken a wider
range, while the Howard organization is limited in its sphere. I assume
it will cost more to distribute this money than the amount appropriated
in the bill. When the waters go down, these people in the valley will
still have their ranches, and many have driven their stock to the
mountains. The people in other portions, in mining counties in particular,
who have been damaged, have been damaged irreparably. Men who have spent
years in improving claims, and digging hundreds of feet into the earth,
have their improvements destroyed and their claims filled up. They have
not the power to do this work over again. This bill will tax equally
all persons, while they will not receive a single dollar. That is unjust.
This system of charity reminds me of the Irishman who undertook to make
a blanket by taking a piece off at one end and sewing it on the other.
The policy, if it is to make an equal distribution, is a bad policy; if
it is to make an unequal one at the expense of the many, it is an unjust
one, and should be voted down.
Mr. Baker--I should feel no disposition to say a word on this subject if
it were not for the apparent danger of the passage of this bill. We
should consider the condition of the State, and view the circumstances
surrounding us before we go headlong into the adoption of this measure.
The damage occasioned by this flood has been general; it has visited every
corner, every ravine in the mountains, and every agricultural valley in
the State. Let us take a survey of the Southern portions of the State.
When you go to the Stanislaus, the Tuolumne, the Merced, the San Joaquin
and Kings rivers, you will flnd that the inhabitants have settled all
along the bottoms; all their property and many lives have been lost in
this flood. I received news on Saturday last that a whole valley in that
region was submerged equal to the Sacramento Valley. There is no Howard
Association there, no one to administer to their wants, and they have to
rely upon their own resources. There is no San Francisco for them to go
to to get relief. There is no boat in the Valley to go in. They have no
Capital. They are not under the notice of the Legislature, and it would
be impossible for them to knock at the doors of this Society for relief,
because they are two or three hundred miles from this place. Now, why
should the Sacramento Valley be protected at the expense of other
portions of the State, where sufferings must be greater than in the
Sacramento Valley? Again: let us examine for a moment what would be the
effect of an appropriation to give relief to every portion of the State?
Why, the State is unable to do it. If you appropriate $50,000, or several
hundred thousand dollars, it would be impossible, unless you attach more
machinery to the whole measure for the taking of testimony to ascertain
the amount of suffering and make an equitable distribution, and that
would cost more than the whole thing would be worth. The machinery
itself would consume the whole thing. I am satisfied that my constituency
would not ask any such application. It would cost them more to get their
small portion than it would amount to. The southern portion of the State
is situated like the Northern, except that we labor under greater
disadvantages. You have your steamboats, and the inhabitants can get
to San Francisco and procure relief, but how is it with the population
south or north? Supposing the water in Tulare Valley to be like that
in the Sacramento Valley, the suffering must be great, immense, without
any facility for procuring relief. When we enter into this thing of
making special appropriations for one district, where will we stop?
I hope Senators will consult together on this subject and vote advisedly.
Mr. Rhodes--It seems to me the whole question resolves itself down
into this--first prefacing that no one in this body would be unwilling
to vote any amount of money that this State can control for the relief
of present suffering. It is stated that this amount cannot be drawn
for some weeks to come. Now are we authorized to appropriate money
to compensate those who have lost everything, under the great law
of necessity, to relieve present suffering.
Mr. Heacock--I would inquire whether they cannot get their warrants
from the Controller's office, and procure the money at a very small
discount?
Mr. Rhodes--The law is that no warrants shall be drawu unless there
is money in the Treasury to meet them. Although the money might be
raised, it would not be a legal proceeding. If it will take several
weeks, those who are suffering will be placed in the same position
as we are in when we cannot collect a debt, or a fire destroys our
property.
Mr. Banks--I wish to say in reply to the gentleman from Santa Clara
(Mr. Rhodes) that I am assured the entire amount can be realized
immediately upon the passage of the bill, and can be at once applied
to the wants of the sufferers. I have had that statement made to me
several times by responsible gentlemen on whose statements I would
rely under any circumstances. I do not know exactly the modus operandi,
but I suppose upon the good faith of the Howard Benevolent Society to
pay over the amount. At any rate, I have been assured that nearly the
entire amount would be realized at once for the uses intended. I want
to say one word about Sacramento in this connection. I introduced this
bill, not at the request of the Howard Benevolent Society; I think that
Society would much prefer that the Legislature should appoint some
Commissioners to secure the fair and equitable distribution of this
appropriation. I did not expect that every part of the State would
receive exactly its share, but I expected the money would be distributed
as well as that which has been contributed by the citizens of this State
in former subscriptions. Does any one doubt that the money raised in
San Francisco, amounting in the aggregate to some $70,000, has been
properly distributed? Will any one say that the Howard Benevolent
Society has been unable or unwilling to distribute that fund properly?
Does any one suppose that because the money comes from the State Treasury
they might be derelict in its use? I do not look upon this in the light
of an ordinary appropriation, but as a contribution, just as the Gas
Company of San Francisco and other corporations have sent money to the
Howard Benevolent Society. Now, no one doubts that there is a pressing
necessity--a necessity that must and will be met. I ask you in all
fairness, are you going still further to presume upon the generosity
of San Francisco, San Joaquin, and a few other counties in this State,
and
demand from them, on the ground of humanity, that they shall supply
all that is required. The money will be furnished by liberal minded
gentlemen and ladies, but it is much more fair and equitable that it
should be furnished by the tax payers of this State. If the Howard
Benevolent Society of Sacramento is in your estimation incapable of
doing this work, why substitute some other parties as Commissioners,
but I beg you do it promptly.
Mr. Oulton--The gentleman from San Francisco has entirely misapprehended
the remarks made in regard to the appropriation, so far as they relate
to the Howard Benevolent Association. It was not my intention to impugne
the honesty or even the wise discretion of that Society. We have all
confidence in them as a medium, still we have deeper reasons for opposing
this appropriation--it is upon the ground of injustice to those portions
of the State which cannot.be benefited by it, and which have suffered
equally.
. Mr. Van Dyke--It struck me that the propriety of the report of the
Finance Committee was so apparent that it would be sustained without
any discussion whatever. Now, sir, I conceive that this proposition
is not only impracticable, but that it is a dangerous piece of
legislation. That it is impracticable there can be no question, after
the discussion had upon the measure. It must be admitted that this
flood has afflicted with want and suffering the entire State. The sum
of $25,000, if it could be distributed, would only be a drop in bucket.
The gentleman from Nevada (Mr. Watt] seems to think the principal
objection to the bill is that the amount is not sufficient; we shall
have no difficulty as to that if we pass this bill as a precedent. Half
a million would not meet the wants of the people of this State, properly
distributed, and if we come to that, of course the Constitution would
interpose to prevent the appropriation. I certainly concur with the
remarks made by the Senators from Shasta and Siskiyou (Shurtliff and
Oulton) that the sufferings from this flood would wring sympathy from
the heart of a stone. It is unfair to say that those who may be opposed
to it are destitute of the noblest feelings of humanity. The danger of
this legislation, it seems to me, must be apparent to all. Are we here
to vote away money that belongs to us? Certainly not. Is there any wisdom
in taking the money of the people and paying it back to the people?
Because if we vote it away, where is the money that we shall need for
State purposes to come from? Why, from these same destitute people. The
gentleman (Mr. Shurtliff) has spoken of the flood in Trinity; I make the
same remarks in regard to Klamath, where the water rose over one hundred
feet, and there is not a vestige of property on the river from mouth to
source. The people there are in an infinitely worse condition than the
people of Sacramento or the central portion of the State. If we intend
to relieve suffering, the relief must be general throughout the State,
and I say it is utterly impossible for this State, in her present
financial condition, to meet the demands which will be made upon the
treasury if this bill shall pass.
Mr. Perkins--I do not desire to be placed in a false position by any
attempt to make a false issue in regard to this matter. It strikes me
that here is an effort to change the venue, to change this whole
argument, and instead of putting it on its true ground, gentlemen ask
whether we charge the Howard Benevolent Society with wrong. Why is this
inquiry made here? Has anybody made a charge to that effect, or is the
gentleman from San Francisco (Mr. Banks) the special guardian of the
Howard Benevolent Society of Sacramento? I desired in my remarks this
morning simply to state the reasons which induced the Committee to
postpone this bill. They were reasons of a financial character--the
utter impossibility and impracticability of making this appropriation
or of having it reach the desired object if made. How does Siskiyou
stand, and Humboldt, and Tuolumne? Why, if we make this appropriation
we levy a portion of a tax upon these very people who have suffered as
much as those who receive the benefit. No gentleman has alluded in the
most distant manner to any want of confidence in this Howard Benevolent
Society of Sacramento. We all know the days and nights they have spent
in their efforts to relieve the suffering in their immediate neighborhood,
and no one undertakes to impeach the good motives, charity and industry
of that society. No such statement should be made as that we refuse to
make this appropriation on account of having any doubts of that
Association. I protest against the attempt to turn the current of this
debate in that direction. I will vote against the measure because the
financial condition of the State will not allow it; because injustice
will be done to other portions of the State; and not because I have not
as much sympathy as any other human being with the sufferings, or am
not willing to do as much as I am able to relieve those sufferings.
Mr. Porter--I fully concur with the gentleman who has just spoken.
I represent a county which is favorably situated in regard to drainage,
but in that county one town has been swept away, and since this debate
commenced I have learned that Santa Cruz is in danger also of being swept
away. Now, I want to know whether they will receive any part of this
appropriation? They have not asked for it. I say it is unfair and unjust
to make such an appropriation. There is no one that admires more highly
the charity of the Howard Benevolent Society than I do.
Mr. Quint--I believe every member of this Senate is desirous of aiding
and assisting in the relief of sufferers. There never has been a time
when there was so heavy a call upon those who are able to give as at
the present time. Then the question proposed is this--is the State in
a condition to aid and assist to any considerable extent? if so, to what
extent--in relieving the sufferings now prevailing throughout the State?
I say that notwithstanding her financial condition, she is in a condition
to aid, and should do so to the utmost of her ability. Then what are the
arguments which are urged against the passage of this or some other bill?
In the first place, that it is impracticable, and in the second place,
that the bill is local in its nature. Now, if the bill is of that local
character, certainly there is reason to object to it. It is said it is
taking money out of one pocket and putting it into another. I say it is
an ill wind that blows no one any good. There are citizens, and many,
whose pecuniary interests have been advanced by this flood in every
portion of the State, and whose taxable property has been increased.
These should be taxed. If this bill is impracticable let us frame one
that will be practicable, one that will be general in its character, and
for that purpose I move that it be recommitted to a special Committee of
seven, to be selected by the President from the different sections of
the State for the purpose of taking into consideration the best and most
feasible mode of relieving the sufferers as far as they believe the
State is capable.
Mr. Baker--I hope the bill will not be recommitted, and that the whole
question will be disposed of now while the subject is fresh in the minds
of Senators. I can see no chance whatever of arriving at anything like
perfection in shaping any bill that will cover the case. For instance,
take the extreme northern and southern portions of the State, and it will
be impossible to pass any bill that will go into effect to afford them
relief, so far as their present suffering is concerned--which I understand
is the object of the bill. My hostility to the bill is not hostility
to Sacramento or any other portion of the country. In Tuolumne there was
no news received from Visalia and from Kings river for thirty days, and
it is impossible for us to tell what their sufferings may be. Will you
call upon the Treasurer of the State for $25,000 and then call upon the
pockets of these various sufferers to pay their proportion of it when they
cannot receive any benefit from it whatever. If you could levy a special
tax on San Francisco of $25,000 for the relief of the Sacramento Valley,
you would do justice. Every other portion of the State has suffered, while
San Francisco is the recipient of all advantages of other people's
misfortune. You have taken the Legislature away temporarily from
Sacramento in consequence of their misfortune, and a large population
has flown in here. The city of San Francisco has a large and wealthy
population, and perhaps the misfortunes of Sacramento may result in
permanently giving San Francisco the Capital of the State, by taking
advantage of circumstances and yet San Francisco calls upon the State
Legislature to make this appropriation general.
A member--Did not you vote in favor of removal to San Francisco?
Mr. Baker--I did; but not for a permanent removal.
Mr. Heacock--The gentleman seems to confine the object of this
appropriation to Sacramento. It is not Sacramento alone. The people
of Sacramento could as well get along alone as the people from the
county the honorable gentleman represents; but it is a well known fact
that the sufferers have been brought down by this Society into our midst.
I am willing now to have the taunt thrown back upon us that it is
Sacramento--Sacramento alone that asks for this application of $25,000.
Mr. Harvey--I hope this bill will have the reference suggested by the
gentleman from Tuolumne (Mr. Quint). It would be difficult to make a
bill to meet exactly the emergency; but let us act like men, and meet
it as well as we can. If the application be made, of course all the
unfortunate poor people of this State are entitled to its benefit. The
gentleman from Santa Clara (Mr. Rhodes) has stated, if the money can
be obtained directly, he is willing to vote for the appropriation.
That, I believe to be the sentiment of the House. I am not disposed to
look at this in a financial light--to measure human life with dollars
and cents. I call upon Senators to look the matter fairly in the face,
and let it be acted upon by those who have examined into the circumstances,
into the character of the Howard Benevolent Association, if you please.
I believe that noble institution is entitled to all that has been said of
it, and is the best medium of distributing this fund, the object of which
is simply to meet the urgent necessities of those whose homes have been
made desolate.
The ayes and noes were called, on the motion of Mr. Quint to refer to a
Select Committee, and resulted--ayes, 11; noes, 21. So the motion was lost. .
Mr. Burnell said gentlemen seemed to bring an accusation of want of
philanthrophy and generosity. He disavowed the charge, but believed
that a million of dollars would not meet the demands which would be
made. He had seen the distributions of relief, at Marysville, and was
certain that $1,000,000 must have already been expended .in that way.
An appropriation of $25,000 would be a burlesque; If they intended to
do anything let them vote a million instead of giving $25,000 to a
Society that had already distributed $150,000.
The vote was taken on the motion to indefinitely postpone the bill, and
resulted on postponement:
Ayes--Baker, Bogart, Burnell, Chamberlain, Crane, Denver, Doll, Gallagher,
Harriman, Hathaway, Hill, Holden, Irwin, Kimball, Kutz, Lewis, Oulton,
Parks, Perkins, Porter, Rhodes, Shurtleff, Van Dyke, Warmcastle--24.
Noes--Banks, Harvey, Heacock, Nixon, Pacheco, Quint, Shafter, Soule,
Watt--9. . . .
At 1:10 o'clock P. M. the Senate adjourned.
ASSEMBLY.
MONDAY, Feb. 3, 1862.
The Speaker, called the House to order at 11 o'clock. . . .
THE FOLSOM BRIDGE.
Mr. Machin, from the Committee on Corporations, reported in favor of
the passage of Senate Bill No. 46--An Act granting the right to construct
and maintain a bridge across the American river, near Folsom, in the
county of Sacramento.
On motion of Mr. Ferguson the bill was considered under suspension
of the rules, read a third time and passed. . . .
THE REMOVAL BILL.
The Speaker announced as the order of business messages from the Senate.
Mr. Wilcoxon (at 12-1/2 o'clock) moved that the House adjourn.
Mr. Ames--Pursuant to notice, I move to reconsider the vote by which the
House refused to adopt the report of the Conference Committee--
The Speaker (interruptlng)--The motion to adjourn having been made when
no gentleman had the floor, it is always in order.
On a division, the motion to adjourn was lost--ayes, 28; noes,34.
Mr. Ames--I now move a reconsideration, according to notice, of the
vote yesterday by which the House refused to adopt the report of the
Confereuce Committee on Senate Bill No. 16, and I call for the reading of
the report.
Mr. Shannon--I object.
Mr. Ferguson--I rise for an inquiry. What is the order of business before
the House?
The Speaker--Senate messages.
Mr. Ferguson--I hold, then, that the gentleman's motion is not in order.
On Saturday, the gentleman gave notice of a motion to reconsider, and
under the order of motions and resolutions he was entitled to make that
motion, but he did not avail himself of it, and now when the House has
passed to another order of business it is not in order.
The Speaker--The point of order is not well taken, because the motion
is a privileged motion
Mr. Eagar demanded the previous question, and several gentlemen seconded
the demand,
Mr. Saul--I hope gentlemen will not choke off discussion by the
previous question. I hope they will have some consideration for
other gentlemen, and not be eternally springing the previous question.
The Speaker--The Chair has no alternative; the question is shall the
main question be now put?
Mr. Tilton of San Francisco--I would like to have the main question
stated before voting, so that we may know what we are voting upon.
The Speaker--It is upon the reconsideration of the vote upon adopting
the report.
Mr. Saul--That is equivalent to passlng the bill, is it not?
The Speaker--It is, if the report is adopted.
Mr. Saul--I hope upon a question of such vital importance the previous
question will be voted down.
The ayes and noes were demanded upon the previous question.
Mr. Zack--I rise for information; I want to know if the adoption of
the previous question is equivalent to the passage of the bill; and
if so, before voting I ask if it is in order to have it read?
Mr. Brown--If the passage of the previous question is equivalent to the
adoption of the report, I certainly hope it will be read.
The Speaker--The Chair has no discretion in the matter. The previous
question, however, is not equivalent to the adoption of the report;
it simply cuts off debate. On the subject of debate it reaches back to
that question.
Mr. Campbell--I desire to know what is the main question.
The Speaker--The main question will didide [divide?] itself into
two branches; that is to say, first it applies to the reconsideration,
and if the reconsideration prevails, then the question will be upon
the adoption of the report, The effect of the previous question is
that it goes back, but only to cut off debate upon both branches of
the question, but not to decide upon either of them
Mr. Campbell--If after the previous question is sustained the motion
to reconsider, does the operation of the previous question extend back
to cut off debate upon the report?
The Speaker--It does so far as to cut off debate.
Mr. Shannon--Upon that point I ask the privilege of the House for but
a minute. ["Leave, leave!" and "object."]
The Speaker--The Chair has no discretion in the matter, that is the
trouble. The Chair must at once put the question--Shall the main question
be now put?
The vote was taken, and the previous question was sustained--ayes,
34; noes, 32.
The Speaker--The question now is upon reconsidering the vote upon
the adoption of the report of the Committee by which the House refused
to adopt the report.
Mr. Saul--If the previou question prevails whst is then the question?
The Speaker--Upon the adoption of the report.
Mr. Saul--Does the previous question extend to that?
The Speaker--It extends to the whole subject matter.
The vote was taken with the following result:
Ayes--Ames, Barton of San Bernardino, Battles, Bigelow, Brown, Cot, Dore,
Dow, Dudley of Solano, Eagar, Hoffman, Irwin, Jackson, Lane, Loewy,
Matthews, McClay, McCullough, Meyers, Moore, Sargent, Sears, Teegarden,
Thompson of San Joaquin, Thornbury, Tilton of San Francisco, Tilton of
San Mateo, Van Zandt, Watson, Werk, Wright, Zuck--32.
Noes--Avery, Barton of Sacramento, Bell, Campbell, Cunnard, Collins,
Davis, Dean, Dennis, Dudley of Placer, Ferguson, Frazier, Griswold,
Hillyer, Hoag, Kendall, Love, Machin, McAllister, Morrison, O'Brien,
Parker, Pemberton, Printy, Reeve, Saul, Seaton, Shannon, Smith of
Fresno, Smith of Sierra, Thompson of Tehama, Waddell, Woodman,
Wilcoxon, Yule--35.
So the House refused to reconsider the vote, and the report of the
Conference Committee is rejected.
Mr. Amerige was paired with Mr. Dana; Mr. Evey with Mr. Reed; Mr. Fay
with Mr. Warwick, and Mr. Eliason with some member whose name was not
announced. The Speaker declined to vote. . . .
[CONCLUDED ON FOURTH PAGE]. . . .
p. 2
NEWS OF THE MORNING.
. . . .
The weather yesterday was clear, bright and cool. The American had risen
about two feet at Rabel's Tannery, last evening; the Sacramento remained
stationary. The water on the plains appears to have fallen somewhat.
At a meeting of the Board of Supervisors, held yesterday morning, a
resolution was adopted instructing the Committee on Police and Levee
to draft an Act authorizing the condemnation of lands to public uses,
for the purpose of constructing new levees or turning the channel of
the American river--said Act to be presented to the Legislature for
enactment into a law.
STATE OFFICERS--The question of removing the State officers to San
Francisco was decided Saturday by the Assembly. The report of the
Committee of Conference was first rejected, and on Saturday a motion
to reconsider was defeated by the close vote of thirty-two to thirty-five.
This settles the question for the session. In our judgment the Legislature
will find by experience that this is a wise conclusion, as the
inconvenience of communication between the State offices and the
Legislature will not be found as great as has been anticipated. The
cost will prove much less than that of removing the offices. It is
now to be hoped that the Legislature will go forward and pass such
bills as are required for general purposes, and then adjourn sine
die. A short session is demanded by the condition of the people of
the State.
THE LEVEE QUESTION.--It is to be regretted that any division of
sentiment should manifest itself among our citizens as to the best
plan for locating and building a levee for the protection of the city.
As much as possible there should be a union of sentiment among those
so deeply interested. Probably the best plan to reconcile all
differences would be to submit the whole question to a board of
competent engineers, and then adopt the plan recommended. Before
fixing positively upon any plan, estimates of the cost of lines
suggessted [sic] should of course be submitted. Something must be done,
and the only object and aim of every Sacramentan should be to find
out what system will most certainly protect the city, and then adopt
it unanimously and enthusiastically. . . .
WASHED AWAY.--The amount of land washed away along the banks of
Russian river, by the recent floods, cannot be estimated at less
than one hundred and fifty or two hundred acres. Three farms alone
have been reduced about thirty acres.
THE VOTE TO ADJOURN.
By extracts which we have given day after day from interior papers,
our readers have doubtless perceived that the adjournment of the
Legislature to San Francisco, in search of personal comfort for its
members, is very generally and strongly condemned. It is looked upon
as a discreditable retreat from the Capital because, in common with
the State, it was suffering from the visitation of an inconvenient
excess of water. Country papers do not hesitate to declare that by
the vote to adjourn to San Francisco, the majority perpetrated an
outrage upon the people of the State for which those who voted in
that majority will be held responsible. There is, too, quite a general
conclusion that the Republicans as a party will be made to feel the
consequences of the act. It is correctly assumed that they could
have prevented the passage of the resoluion to adjourn. They did not
do so; and, as the dominant party in the Legislature, must be held to
account accordingly.
The vote, too, sustains the assumption that the leading men who moved
in the matter were Republicans, some of the most active being from San
Francisco. Indeed, but for the activity of a majority of that delegation,
the resolution to adjourn to the Bay City would most certainly have
failed. But let us analyze the vote upon that resolution. In the Senate
those who voted for it were: Republicans--Chamberlain of San Joaquin,
Crane of Alameda, Gaskell of Butte, Harriman of Placer; Hathaway,
Perkins and Soule of San Francisco; Kimball of Sierra, Kutz of Nevada,
Oulton of Siskiyou, Porter of Santa Cruz, Powers of Solano, and Rhodes
of Santa Clara. The Union Democrats who voted aye were: De Long of Yuba,
Hill of Sonoma, Irwin of Butte and Plumas, Pacheco of Santa Barbara, and
Watt of Nevada. Those voting aye of Breckinridge Democrats were: Baker of
Tulare, Bogart of San Diego, Warmcastle of Contra Costa, and Merritt of
Mariposa. Republicans, 13; Union Democrats, 5; Breckinridge Democrats,
4--aggregate majority vote, 22. Those in the Senate who voted in the
negative were: Republicans Banks of San Francisco, and Nixon of Sacramento.
Union Democrats--Burnell of Amador, Denver and Harvey of El Dorado, Doll
of Tehama, Gallagher and Lewis of Calaveras, Parks of Sutter, and
Shurtliff of Shasta. Breckinridge Democrats--Holden of Napa, Vineyard
of Los Angeles, and Williamson of Tuolumne. Republicans, 2; Union
Democrats, 8; Breckinridge Democrats, 3--aggregate in the negative, 13.
In the Assembly the ayes were: Republicans--Avery of Nevada, Battles,
Barstow, Bigelow, Dore, Fay, Loewy and Tilton of San Francisco, Brown
of Santa Clara, Cunnard of Butte, Dana of San Luis Obispo, Eager of
Santa Cruz, Leach and Sears of Nevada, Love of Sierra, Moore of Alameda,
Reed of Sonoma, Sargent of Yuba, Yule of Placer, and Zuck of Santa Clara;
Union Democrats who voted aye--Cot of Monterey, Dudley of Placer, Evey
of Napa and Lake, Griswold of Calaveras, Hoffman of San Diego, Irwin of
Siskiyou, Jackson and Teegarden of Yuba, Matthews of Trinity, McCullough
of Mariposa, Meyers of San Joaquin, Shannon of Plumas, Thornbury of
Siskiyou, Werk of Humboldt, Woodman of Shasta, Wright of Klamath and
Ames of Mendocino; Breckinridge Democrat--Barton of San Bernardino.
Republicans, 20; Union Democrats, 17; Breckinridge Democrat, 1; aggregate
majority vote, 38. Those who voted against the resolution in the Assembly
were: Republicans--Amerige, Rowe, and Van Zandt of San Francisco, Bell of
Alameda, Benton, Barton and Warwick of Sacramento, Collins of Nevada,
Eliason of Sonoma, Porter of Contra Costa and Machin of Tuolumne; Union
Democrats--Dennis, Frasier and Parker of El Dorado, Ferguson and Saul
of Sacramento, Hoag of Yolo, Kendall of Tuolumne, McAllister of Marin,
Seaton and Waddell of Amador; Breckinridge Democrats voting in the
negative--Davis of Tuolumne, Pemberton of Tulare, Smith of Fresno,
Thompson of Tehama, Watson of Los Angeles and Wilcoxon of Sutter;
Republicans 10; Union Democrats, 10; Breckinridge Democrats, 6--aggregate
26. Not voting in the two Houses on the resolution, Republicans, 12;
Union Democrats, 7; Breckinridge Democrats, 3. Of the fifty-four
Republicans--one vacancy--in the Legislature, thirty-three voted
for the resolution and twelve voted against it; of the forty-eight
Union Democrats, one Senator absent in that body, twenty-three voted
for the resolution and eighteen voted against it; of the Breckinridge
Democrats five voted aye on the resolution and nine voted no.
It thus appears that a majority of twelve of all the Republicans in the
Legislature voted for the resolution to adjourn to San Francisco, while
twelve voted no, and ten did not vote on the question. Of the forty-eight
Union Democrats twenty-three voted for the resolution, eighteen against
it and seven failed to vote; giving a majority of five of those who voted
for the resolution, but lacking two of a majority of all the Union
Democratic votes in the Legislature. Of the Breckinridge Democrats five
voted aye and nine no, a majority of four of those who voted against the
resolution, as well as a majority of their seventeen votes in the negative.
The analysis we have given of the political complexion of the vote,
it seems to us, places the full responsibility of the vote to adjourn
to San Francisco to promote the personal comfort of members, upon the
shoulders of the Republicans, and we shall be ready to acknowledge
ourselves greatly mistaken if the majority of the people of the State
do not arrive at the same conclusion.
SPEAKER BARSTOW.--Some of our cotemporaries in San Francisco are quite
exercised about the course of the UNION towards Speaker Barstow. They
wrongfully accuse it of assailing the Speaker personally. This is not
so. We have commented upon the acts of the Speaker as a public officer,
in the exercise of an undoubted right, but we have made no personal
attack upon him. We have, judging from his course in the Chair, said
that he was not fitted for the position, but this might be said of a
large majority of men who are as clever, and filled with as good
intentions as Mr. Speaker Barstow's friends claim he is. Had he
remained in the Chair when the question of adjournment was pending in
this city, and simply voted for the resolution, he would have escaped
remark. But he did not pursue that course; he called another member to
the chair and took the floor as the active leader of the adjournment
forces. This was considered unbecoming--particularly as he manifested
considerable feeling in the discussion--and was commented upon
accordingly. As a Speaker, his rulings in San Francisco, as shown by
the reports, have been of a character so extraordinary as to fully
justify the comments of the UNION.
BODY FOUND.--The body of James M. Scott; who was drowned in attempting
to cross Sutter Creek, at Ione City, on the 16th of January, was found
February 1st, about three miles down the creek, where it had floated on
the bank of the stream. His funeral was largely attended at Ione City. . . .
BY TELEGRAPH TO THE UNION.
The Weather In the Interior.
PLACERVILLE, Feb. 4th--9 P. M.
To-day was clear and pleasant. Business is reviving.
STRAWBERRY VALLEY, Feb. 4th.
It has been clear and cold, with a pleasant sun, through the day, melting
the snow very little. Sleighing over the mountain is splendid. . . .
p. 3
CITY INTELLIGENCE.
POLICE COURT.--. . . .
The case of Manoun and Gibson, charged with the larceny of powder,
was next called. The prosecution proved that the defendants had offered
powder for sale which was owned by J. & P. Carolan. The defense proved
that they were seen gathering up powder which was afloat below the
cemetery. The case, after argument, was taken under advisement by
Judge Gilmer until this morning.
THE SURVEY COMMENCED.--Several days ago the Swamp Land Commissioners
passed a resolution instructing the Engineer of District No. 2,
B. F. Leet, to complete the survey along the Sacramento river, from
Sutterville to the mouth of the American, and along the American to
the highlands at Brighton, and report the result as soon as practicable.
As there is a necessity for an early report, the Engineer has made
arrangements for pushing forward the work as rapidly as possible.
A. R. Jackson, with a corps of men, commenced work at Sutterville
yesterday, and will survey the line up to R street. Another company
commenced st R street and surveyed the city front. It is the intention
of the Engineer to start two additional surveying parties in a day or
two. A. R. Jackson reports that the levee between Sutterville and this
city is not so badly damaged as has been represented.
COMMUNICATION WITH THE MOUNTAINS.--On the 2d instant J.Gates & Brother
shipped a load of goods to Forest Hill and Michigan Bluffs, Placer
county, over a route not hitherto employed for the purpose of
transportation. They started in boats from Fourth aud I streets, and
went up the American and across the tule to Oakley's Ranch, on the
high knoll, about a mile east of Lisle's bridge. The goods were at
this point transferred to teams, by which they were taken through
Condemned Bar and Murderer's Bar, to their place of destination.
Oakley's ranch is on the old Nevada road, and teams will have no
trouble in getting to and from that point. It is not improbable that
Placer and Nevada counties will obtain a considerable portion of their
supplies through this source, for a short time, at least.
THE TELEGRAPH LINES.--The telegraph line between this city and San
Francisco is so nearly completed that it will probably be in operation
before evening. The agents of the company have had two boats engaged
in setting the poles acres the tules between Washington and Putah.
They will most likely complete their work today. The line which runs
by way of Stockton will also soon be ready for operation again. The
steamer Eureka has been employed for several days past in coming up
the lower Stockton road and resetting the poles. On Monday evening
another steamer of light draft took her place, and continues the work.
The road is found to be navigable and the boats find no obstructions in
the way to impede their progress. . . .
PROPOSITION TO CONDEMN LANDS.--The Police and Levee Committee was
yesterday instructed by the Board of Supervisors to prepare a bill
to be submitted to the Legislature to provide for condemning to public
use such lands as may be required either for building levees or in
turning the channel of the American river for the protection of the
city..
THE RIVERS.--The Sacramento river has not been swollen to any
perceptible extent by the last rain. The American has risen slightly,
but not sufficiently to subject our city to any inconvenience whatever.
The water in the lower portion of the city continued to fall slowly
throughout yesterday.
THE GEM.--Friend & Terry freighted a barge yesterday with heavy timber
to be employed in the removal of the steamer Gem. It is said that the
steamer will be raised so high as to launch her by a single set of ways
from her present position to the river. . . .
LETTER FROM SAN FRANCISCO.
[FROM OUR SPECIAL CORRESPONDENT.]
SAN FRANCISCO, Feb. 3, 1862.
The Governor and the Secretary of State were in the Assembly chamber
this morning before the opening of the session, and both declared
themselves opposed to the bill to remove State offices. The Governor's
opinion is that it is important that the State offices should be together,
and the Secretary of State says that business sent him from here can be
dispatched and returned by the next mail in all cases, and without any
extra cost to the State in the way of clerk hire. My statement in regard
to the position of Secretary Weeks upon this measure was based upon my
understanding of remarks made by Senator Crane. The Alta reported him
just as I understood him. He was speaking upon the Senate bill, and
said something in regard to the desire of Weeks that the bill should
be passed in time to go up on the boat that day. Senator Crane, in
reply to our inquiry, says that the Secretary never urged the passage
of the bill, but that he did so far interest himself as to ask that the
question of removal might be disposed of that day, one way or the other;
and that if the bill passed it might contain certain necessary provisions
suggested by him. At the time of writing, the motion to reconsider the
vote of the House on the removal question has not been made. It is to
be hoped that the counsels of the Governor may prevail among some of
his party friends who have steadily favored this unnecessary and
extravagant measure, and that the Assembly will stand by the action
it has taken up to this time, and that, too, by an increased vote. . . .
The motion to reconsider the vote whereby the report of a portion of
the Conference Committee on the removal question was rejected on
Saturday, has just been made [half-past twelve] by Ames, pursuant to
notice. The previous question was demanded and sustained by a vote of
34 to 32. The vote upon the motion .to reconsider the vote of Saturday
was lost, 32 voting in the affirmative and 35 in the negative. It is
to be hoped that no more time will be wasted by the enemies of the
Capital in fruitless attempts to dragoon the majority into their
foolish project for entering the wedge for a permanent removal. . . .
DAMAGES ON THE COSUMNES.--A private letter from the neighborhood of
Daylor's ranch, on the Cosumnes river, lately received by the Marysville
Express, reports a vast destruction of property along that stream.
Large numbers of stock near the river, which the owners failed to drive
to the uplands, perished in the flood of last month. Many orchards--and
the Cosumnes contains many of the finest in the State--have been
completely ruined by overflows. The destruction of fences, barns and
other buildings has also been greater than previously reported. Colonel
Lindsey, whose ranch is located about four miles below the Slough House,
is among the heavy sufferers by this Winter's inundations. The floods
destroyed a portion of his stock near the river, and surviving cattle
were driven to the plains, there to suffer from and die by starvation.
Colonel Lindsey's average loss of cattle is six per day, the poor
creatures expiring from starvation and cold within sight of their
owner's residence. . . .
CEASED TO RUN.--The steamer Henrietta which has been running from
Washington to J. C. Davis' ranch for two weeks past, has hauled off,
on account of the scarcity of water on the tules between the two points. . . .
BOARD OF SUPERVISORS.
TUESDAY, February 4, 1862.
The Board met this morning at ten o'clock. . . .
Supervisor Hite offered the following:
Resolved, That the Committee on Police and Levees prepare or cause
to be prepared the draft of an Act providing for condemning to public use
such lands as may be required in protecting the city from overflow, either
by constructing new levees or turning the channel of the American river,
and to transmit such bill to our delegation in the Legislature, requesting
them to have it enacted into a law.
Adopted.
There being no other business before the Board, on motion, the Supervisors
adjourned to meet to-morrow morning, at ten o'clock.
REMOVAL OF THE LEGISLATURE--The Sacramento correspondent of the Placer
Herald is quite severe upon those members of the Legislature who
voted to remove to San Francisco. The Herald thinks he is too severe.
He may be, but be is not more so than many of the interior journals:
The question, in a legal point, whether Sacramento or San Francisco is
the Capital, is yet to be settled.. That issue will no doubt be raised
if a law is passed removing the State officers to San Francisco.
Injunctions will issue, and the question be immediately carried to the
Supreme Court for a decision. If the Court say that Saoramento is still
the Capital, and the place where the Legislature shall hold its annual
sessions, then I apprehend that the removalists and stampeders will be
obliged to waddle their worthless bodies back to Sacramento and finish
the session. The question might have been raised by refusing by
injunction the taking of the furniture from the Capitol--but perhaps not,
as other desks and fixtures might have been obtained in lieu of those in
all. The removalists themselves begin to feel uneasy in their new seats
on Battery street--fearing that all their acts may prove illegal. This
is the legal opinion here, though allowance must be made for our local
prejudice. I understand that two of our Supreme Judges have expressed an
opinion that all Acts passed at this session will not be worth the paper
they were drafted on. As there will arise an immediate conflict between
the stock raisers and grain growers, on the passage of a law reversing
the customers of the part relating to fencing--i. e, fencing up cattle
and other stock, and letting grain fields roam at large--you see there
will be a chance, if other causes fail, to get this question before the
Courts at an early day. It will prove strange, indeed, if the Court
shall decide that a "concurrent resolution" of the Legislature works
virtually a repeal of the law fixing the Capital at Sacramento! If
this be good law, why not pass another concurrent resolution removing
the Governor and other State officers to the Bay! But the "Seceders" do
not adopt this mode, but go to work to effect the same by the passage of
an Act to this end, and repealing all conflicting laws. This is certainly
queer legislation, and the sequence is that the greater Act is embraced
in the smaller--or, in other words, the Capital of the State may be
removed, which is a major act, by a simple concurrent resolution, but
a State officer cannot be removed from the Capital (a minor act) without
the passage of a law. If San Francisco be the Capital by virtue of the
passage of the concurrent resolution, why does it not follow that the
State officers are compelled under the old Act to immediately open their
offices at San Francisco? "Oh," say the removalists, "this removal is
only temporary." Then I say, if only " temporary," it is no removal at
all. The distinction cannot be made sufficiently prominent to make the
concurrent removal a legal removal.
The low cunning exhibited in the means to carry a removal of the Capital,
irritates and stirs up the bile of the citizens of Sacramento. If by a
fair and square Act of the Legislature, and no hocus pocus resolution,
the Capital had been removed, not one word of censure would have passed
the lips of the people. Besides, we have a right to complain of the
occasion improved to jump the question. Had Sacramento been subject to
overflows at ordinary storms, which overflows were liable to be repeated,
perhaps this would have been a palliation in a measure for a temporary, or
even permanent removal. But to spring the issue when the whole State was
inundated from Shasta to San Diego, and thus make Sacramento and
Sacramentans responsible for the storms and floods, is piling on the
last hair which tends to break down the energy of a people who have
triumphed over many disasters. The people of the State will pronounce
the act one of the most niggardly and dishonorable exhibited by any
State in the Union. California Legislatures are somewhat noted for
stooping to mean acts, but the last act, the stealing of the Capital,
caps the climax. Hereafter anything can be done, and the people will
express no surprise. Floods like the present in comparison are only
freshets.
REMOVAL OF THE CAPITAL.--The Legislature have seen fit to adjourn to
San Francisco to finish the present session of the Legislature. The
personal comfort of the members who voted for this measure seems to
be the only cause given for this strange proceeding. That the people
of the State at large, or a large majority of them, will condemn the
act, is already apparent; and unless we are much mistaken the Republican
party will be held to an accountability before the people for the act.
Had that body adjourned to meet at the call of the Governor, or set the
time themselves--say May next--we believe it would have given general
satisfaction to the people. In fact, the Spring months are, as a
general thing, a much better time for the Legislature to meet than in
January, as at present. In any event, there is no good excuse for the
stampede of the members to the Bay City. The State is impoverished by
floods; one-third of the taxable property of the State is destroyed
thereby, and the two thirds that is left will have to be taxed enough
more in proportion to make up the deficit caused by this loss. Added
to this is the national war tax to be collected this year--half a
million of dollars; and in the face of all these embarrassments the
Legislature must saddle us with from one to two hundred thousand dollars
by vamosing to the Bay for the special comfort of its members. The
proceeding is an outrage on the people of the State, and will be so
considered by them and shown whenever another opportunity offers for
the expression of their opinion.--Knight's Landing News. . . .
THE FLOOD IN COLUSA.--The Colusa Sun says:
This flood has demonstrated the fact that the town of Colusa cannot
be overflowed. Such is the situation of the town that the waters of
the Sacramento overflow the banks above, and run around it, causing
the river itself at this point to raise comparatively but little.
While most of the towns along the river have suffered, Colusa has
been us [as?] safe and dry from the flood as any town in the State. . . .
AGAINST IT.--Both Senator Doll and Assemblyman Thompson voted steadily
to the last against removing the Legislature from Sacramento to San
Francisco. The sentiment in this county will sustain the
vote.--Colusa Sun. . . .
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. . . .
p. 4
[CONCLUDED FROM FIRST PAGE]
. . . .
Having gone through the regular order of business, at 1:40 o'clock the
House adjourned. . . . .
Sacramento Daily Union, Volume 22, Number 3388, 6 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION.]
SENATE.
San Francisco, February 4, 1862.
The Lieutenant Governor called the Senate to order at the usual hour. . . . .
INTRODUCTION OF BILLS. , , ,
By Mr. Pacheco--Act to amend an Act supplementary to an Act to prevent
the trespassing of animals on private property, approved March 31, 1855.
[Providing that the third section of said Act shall read: This Act shall
apply to the counties of Los Angeles, San Diego, Santa Barbara, San
Bernardino and San Luis Obispo.] To the Committee on Agriculture.
By Mr. Irwin--An Act preventing domestic animals from running at large
in certain places. . . . .
RESOLUTIONS. . . .
Mr. Heacock introduced the following, which took the same reference:
Resolved, That Wm. Wilson be allowed the sum of $60 for services
as boatman, as per bill herewith submitted, payable out of the Contingent
Fund of the Senate . . . .
THE CHATTEL MORTGAGE BILL.
The bill concerning chattel mortgages reported, with several amendments,
from the Judiciary Committee, was taken up; and the Senate went into
Committee of the Whole to consider it section by section.
A long debate ensued, in which various amendments were proposed, and
adopted or rejected. The principal subject of consultation was the
propriety of authorizing the mortgagee, without process of law, to
sell the property mortgaged, or retain certain amounts for freights,
commissions, and other charges attending the sale. Owing to the
difficulty of coming to any agreement as to the relations between the
mortgagor and mortgagee, in the details contemplated in the 7th, 8th,
9th, 10th and 11th sections. The [sic, punctuation] Senate finally
recommitted the whole subject to the Judiciary Committee. . . .
MISCELLANEOUS. . . .
Mr. Porter, from the Committee on Enrolled Bills, reported Senate Bill
No. 46--An Act to construct and maintain a bridge near Folsom, and
correctly enrolled and handed to the Governor on the 3d inst. . . .
At twenty minutes past two, the Senate adjourned.
ASSEMBLY.
SAN FRANCISCO, February 4, 1862.
The Speaker called the House to order at eleven o clock. . . .
MESSENGERS TO THE CAPITAL.
Mr. Dennis introduced the following:
Resolved, That Philip H. Patten and George T. Bolden be and
are hereby appointed Messengers of this House, at a per diem of $8;
said Messengers to pay their own travelling expenses, to travel daily
between this place and Sacramento, and to transact the business of
this House, its Committees and its members, with the various State
offices; and said Messengers before entering upon the discharge of
their duties shall be sworn to the faithful performance of said duties.
Mr. Van Zandt--In order that the House may consider this resolution
properly, and have time to consider the demands made upon the House,
I move that the resolution be laid on the table.
Mr. Dennis--I hope the gentleman will with draw his motion for an
explanation.
Mr. Van Zandt--I will do so, but with an understanding that I shall
renew it.
Mr. Reed--It occurs to me that the duties which are to be discharged
by these Messengers are rather responsible duties, and it appears to
me that the House ought to require of them something more than a simple
oath. These messengers are to be intrusted with important and valuable
communications, and perhaps even with money, and it appears to me that
this House ought to require them to give pretty heavy bonds for the
faithful performance of their duties. I throw it out as a suggestion
merely.
Mr. Eagar--I offer the following as a substitute:
Resolved, by the Assembly, the Senate concurring, That a
Committee of three from each House be appointed to confer with
Wells, Fargo & Co. in reference to carrying dispatches to and from
the Governor of the State, or other State officers.
Mr. Dennis--I trust that the substitute will not be adopted. It
strikes me that it must be evident to every member that officers of
the kind mentioned in that resolution are an absolute necessity to
the proper transaction of our business; and the idea of intrusting
such business to an express company, or anybody else except officers
of this House, it seems to me rather out of the usual order of business.
In regard to requiring the Messengers to give bonds, if the gentleman
from Sonoma desires to offer an amendment to that effect he can do so,
and they can give such bonds as may be required. They are gentleman who,
I think, will give entire satisfaction to the House, and I hope that the
resolution will be adopted.
Mr. Van Zandt--I rise to renew my motion to lay on the table. Gentlemen
seem to be in a great hurry about this matter, but I conceive that there
is no need of hurry. Let us consider it well and see what we need and
whom we are to appoint. I desire every member to have time to canvass
the merits of the proposition. I do not know the gentleman named, and
the resolution comes in here decidedly too sudden for me. I renew my
motion to lay the resolution on the table, and shall not withdraw it
again.
Mr. Watson--What does the Chair propose to do with the substitute if
the resolution goes on the table?
The Speaker--The substitute and the resolution go together upon the
table, if the resolution [motion] be adopted. I will inform the House
that if the resolution be laid on the table the substitute goes down
with the resolution. They will go down together.
On a division, the subject was laid on the table --ayes, 42; noes, 21. . . .
NOTICES.
Notice was given of intention to introduce bills as follows: . . .
By Mr. Ferguson---An Act making appropriations for the payment of boatmen
employed by the Sergeant-at-Arms of the Legislature during the flood at
the Capital. . . .
LOS ANGELES WATER WORKS.
Under the order of Third Reading of Bills, the House considered Assembly
Bill No. 41--An Act to authorize the Mayor and Common Council of the
city of Los Angeles to borrow money for municipal improvements. The bill
authorizes the city to borrow not exceeding $15 000, to be applied for
obtaining a supply of water for irrigation and domestic uses, and to
issue bonds at ten per cent. To meet the bonds, a tax of one quarter
of one per cent. is to be levied, three-fifths of which is to be set
aside as a Sinking and Interest Fund.
Mr. Morrison said since the bill had been drafted he had received
information that $10,000 worth of the improvements already made had
been swept away by the disastrous flood which had visited Los Angeles.
The delegation therefore proposed an amendment increasing the loan to
$25,000.
The amendment was adopted, and the bill read a third time and passed. . . .
. . .at 1:40 o'clock P. M. the House adjourned. . . .
LEGISLATIVE PROCEEDINGS OF WEDNESDAY.
In the Senate, on Wednesday, . . . .
The Senate was In session about an hour.
In the Assembly, . . .
The Committee on Roads and Highways reported back, without recommendation,
a bill authorizing the construction of a bridge across the Stanislaus river,
and suggested that its proper reference would be to the Committee on
Corporations. It was so referred. The Committee on Public Expenditures
reported in favor of the payment of certain bills for boat hire, etc.
The report was adopted. . . . . On a motion to take up the resolution for
the appointment of two Messengers to make daily trips to and from the
Capital of the State, which was tabled on Tuesday, a debate occurred,
the length of which was entirely disproportioned to the importance of
the subject. Some favored an arrangement with Wells, Fargo & Co. some
thought Messengers should be appointed, and some thought it unnecessary
to provide for doing business with the State officers until there was
some business to be done with them. Maclay of Santa Clara thought the
State officers would yet have to move to San Francisco. No one else seemed
to be of his opinion. The resolution and substitute were finally taken
from the table. The former named two persons who shall be Messengers;
the latter proposed a Committee to confer with Wells, Fargo & Co. upon
the subject. It was finally agreed to refer the whole subject to a
Committee of five. One hour of the day's session was consumed in arriving
at this important result. . . . Dudley, of Placer, gave notice of a bill
to authorize the Governor to reside at San Francisco during the
presdnt [sic] session of the Legislature. . . . Warwick, of the Select
Committee appointed to examine into and report upon the damage done by
the late inundations to the State Library, reported 1,046 volumes damaged,
and also reported a bill authorizing repairs under the superintendence of
the State Librarian, the cost of rebinding any given volume not to exceed
seventy five per cent. of the original cost of the book. The bill was
referred to the Committee on Ways and Means. . . . Ferguson of Sacramento,
on leave, introduced a bill to appropriate money for the payment of claims
for boat hire, which was referred to the Committee on Accounts and
Expenditures. The Assembly adjourned at twenty minntes past two o'clock. . . .
p. 2
NEWS OF THE MORNING.
. . . .
It appears that on the 10th of January, various counties in the northern
and southern portions of Utah Territory were visited by floods similar
to these from which California has suffered so heavily. At Ogden City
the Weber river rose three feet higher than the highest water ever known
there by the present inhabitants. All the bridges over the Weber and its
tributaries, except one or two, were swept away. The lower part of Ogden
City was overflowed, and the residents were compelled to seek safety upon
higher ground. There has been great destruction of property in various
parts of the Territory. . . .
At a meeting of the Board of Supervisors, held yesterday morning, a
resolution was adopted instructing an attorney, specially employed by
the Board, to commence a suit for an injunction forthwith, to prevent
the Sacramento Valley Railroad Company from laying their track and running
their cars west of Sixth street. The company have already begun to repair
their road within the limits of the city.
The recent rain failed to create any serious rise in the American. Both
rivers are now slowly falling, and the water in the city is gradually
receding. The weather continues clear and cool.
CHANGING AND DODGING.--There has been somewhat more changing and dodging
of votes on the question of removal of the State officers, by certain
Assemblymen, than is consistent with their professions of integrity,
or at all to their credit. Who they are it [sic] pretty well understood by
those who have watched the voting all through the contest on the matter,
and we can assure them they are gaining no enviable reputation by their
vasillating [sic] course. It is not easy to understand why the man who
votes for a temporary removal of the Legislature to this city should
refuse to vote for a like removal of the officers whose presence is
necessary to facilitate legislation.--San Francisco Call.
The above attack on members of the Legislature by a San Francisco paper
is very improper, and will be likely to create enemies for San Francisco
in the interior, and diminish the chances for retaining the Capital in
that city. We are surprised to see such an "abusive" or "vituperative"
article in any San Francisco paper. Surely, the members of the Legislature
are entitled to more respect, and we should not be surprised if they took
a vote to remove at once from the Bay City. Quoting the language of the
Call of the same date as the above extract (barring the italicised
words), we would add:
"O THAT MINE ENEMY WOULD WRITE A BOOK." The members of the Legislature
generally, are in a fair way to be written up into public favor, by the
insane abuse of the San Francisco newspapers. Bad tactics, bad tactics,
gentlemen of the Call. Men unjustly assailed will rise in public
estimation much faster than they could rise by their own merits. If you
have the interest of the people of San Francisco at heart, keep
quiet. You are hurting their cause; you are destroying their interests.
If you keep on in this way much longer, the members of the Legislature
may say, varying the words of the inspired author, "O that the
Call would write a book against us." . . .
FROM THE CALAVERAS.--It is stated that near the mouth of this river
a number of trees have toppled over, as if too heavy to stand straight
in the wet ground, and that many heavy trees have actually sank some
two or three feet deep, and still standing. The soil became so soft
by the quantity of water received, that the trees, roots and all,
settled down without falling over. . . .
A WET SPELL.--Grass Valley National says: Out of seventy-five
consecutive days, up to the 23d of January, only eleven were without
rain or snow; and during that time some six feet of water fell from
the clouds. . . .
AN EARLY ADJOURNMENT.--A resolution to adjourn sine die on the
1st of March has been laid on the table in the Assembly by a decided
majority. It is fair to conclude from this that the Assembly entertains
no hopes of being able to adjourn by the 1st of March. Will that body
be prepared for an adjournment on the 1st of April? Probably not.
We reiterate that this Legislature when it firet convened at the Capital
was in a position to have created for itself a greater popularity with
the people than had ever been achieved by either of its predecessors.
It could have resolved to enact a few general laws, which were recognized
as necessary to keep the wheels of government in motion, and then adjourn
sine die. The work could have been done in three weeks after the
Governor was inaugurated. Had this course been adopted by the Republicans
they would have laid a foundation to the confidence of the people which
could not have been shaken. But they failed to take the tide at its flood;
they waited for it to ebb, and were then carried by it from the Capital,
and confidence of the people, into the Bay of San Francisco.
OUR LEGISLATURE TRAVELING.--The California Legislature, by concurrent
resolution, adjourned on the 22d ultimo to meet in San Francisco on the
24th. Couldn't stand it any longer, so they said. Water raised up to the
bars, and the whisky became light grog, only fit for babies. 'Twas more
than human nature could bear--they adjourned instanter.
Seriously, we regret the action of the Legisture. Perhaps Attorney
General Pixley is correct in his opinion as to the right of the
Legislature to move to any point they may see fit in the State; Murray
gave an opposite opinion--said that all acts of a Legislature held
at any other place than the Capital of the State would be illegal,
null and void. But assuming that Pixley is right, still we regret
the adjournment to San Francisco, especially at this time.
We know that there was much inconvenience, and many annoyances
attending legislation at the Capital this Winter; but how many of
the members constituting the Legislature of '62 have for many Winters
in California worked in mud and water all day long, and at night gone
home to camp without even the luxury of a board floor, prepared their
suppers, and turned into a rude bunk with nothing but blankets for
bedding? We read among the "ayes" on the resolution several names that
we personally know to have done this--done it cheerfully, too. Gentlemen,
has a little temporary honor enervated and rendered you so effeminate
that a little water and mud between your boarding house and the Capitol
frightens you--made your nerves so delicate and sensitive that you shrink
with terror from an element in which you have almost lived for
years?--Trinity Journal.
SEVERE ON STOCK.--A private letter received in Sonoma, from a gentleman
residing at Hermitage, Mendocino county, dated January 8th, states that
the destruction of stock in that region by the late storm has been
immense. The writer thinks the first shipments from there will be
composed exclusively of hides and horns! . . .
ICE IN WASHOE.--The late cold weather in Washoe has frozen the lake
of that name to the depth of five inches. Skaters are amusing themselves
on it, and parties are cutting and storing it away. . . .
FLOOD IN UTAH.--The late rains seem to have extended to Utah Territory.
The Deseret News of January 15th says:
There has more water fallen in this part of the Territory since the 1st
of November last than ever before during the same length of time since
the settlement of the conntry by the Saints, but no material damage
has been done to property, excepting to wheat in the stack, which had
been put up, as is too often the case in this country, without proper
regard to security in the event of storms. In several of the northern
counties, as reported, no inconsiderable amount of grains in stacks,
and some that had been thrashed and not properly secured, has been
damaged by the heavy rains that have fallen within the last ten weeks.
Reports received from the northern counties of late represent that in
that part of the Territory large quantities of water have fallen within
the last few weeks, more than ever before witnessed by the inhabitants
at any season of the year since they have dwelt in the mountains.
John Murdock, who left Ogden City on Monday last, reports that the
northern counties have been visited by a great rain storm which
commenced on Friday, the 10th instant, and continued till Sunday,
causing an overflowing of the streams, doing much damage to roads,
bridges, mills, etc., and destroying much property on the bottoms,
which were inundated by the flood. The Weber at Ogden City rose some
three feet higher than it did either at the time of the freshet last
Spring or during the flood in November, overflowing the bottoms and
inundating the lower part of the city, compelling the people in those
localities to leave their habitations and retire to higher grounds
for safety. The full extent of the damage sustained by the unexpected
overflowing of the streams in Weber county had not been fully
ascertained when Murdock left, but at and in the vicinity of Ogden
it was great. All the bridges on the tributaries of the Weber, with
one or two exceptions, had been swept away. . . .
MAIL BAG FOUND.--Marysville Appeal of February 5th says:
One of the mail bags lost by the upsetting of the boat containing
the Nevada mails, while crossing the Yuba a few days since, was
picked up by E. A. Shepherd, on his ranch on Feather river, just
below town, yesterday. The bag was pretty much used up, and the
papers were pulp. The letters, however, were saved, and were fonnd
to contain packages for San Francisco, Sacramento, Oroville, Shasta,
La Porte, and twenty letters for this place, among which were two for
the Appeal, looking rather mildewed from their moist secession.
The rest of the packages were dried and duly forwarded.
BAD WATER.--By the following from the Bulletin it would seem
that the people of Sacramento are not the only parties who suffer from
muddy water:
Does the Bensley Company get its water from the Yellow Sea? Will its
supply of yellow ocher never give out? Must we drink puddle water all
our lives? A word from the Company as to what we may hope and expect
concerning its wretched supply would rejoice a patient community that
in these days of floods cannot get clean water to drink or wash in.
ANOTHER DONATION.--Mayor Teschemacher, of San Francisco, acknowledges the
receipt of $67.75 from sympathizing citizens in Sonoma, for the
destitution by the flood. . . .
p. 3
CITY INTELLIGENCE.
THE LEVEE SURVEY.--The work of surveying the Sacramento and American rivers,
around and near the city, under B. F. Leet, Engineer of the District, is
progressing rapidly. As the members of the Board of Land Commissioners
were anxious to obtain an early report, and as the work of surveying at
the present stage of the water is very difficult, he was compelled to
call in the assistance of several other engineers, several of them the
engineers of other districts, with whose assistance the work is now going
forward. A. R. Jackson, Engineer of Districts No. 4 and No. 8, is engaged
with his corps, as stated yesterday, in surveying the courses and distances,
and in taking the levels on the Sacramento, from Sutterville up to R street.
Reed Bigler, with his corps, commenced on Tuesday the transit line at R
street, on the: Sacramento, and up to last night had run the courses and
staked the.distances up to Seventh and D streets. He will be followed
without delay by an Engineer with the level. George H. Goddard, Engineer
of District No. 1, will, with his corps, engage in the survey--perhaps
to-day. C. C. Tracy, Engineer of District No. 13, is also ready to lend
his assistance. Reed Bigler is assisted by Thomas Reed, also a Civil
Engineer. It will be seen that there are some six experienced engineers
engaged in the work, who should together form a reliable Board. .
THE EXPLANATION.--It has been a matter of surprise and a source of
complaint with many that newspapers sent to and from the Eastern States
so often fail to reach their place of destination. The following extract
received in this city a day or two since, and dated Ruby Valley,
January 11th, 1862, will shed some light on the subject. It is written
by a member of the Second Regiment California Cavalry, in the company
of Captain McLeon, stationed at that point: "We have plenty of newspapers
here. The bad roads, and the want of horses and coaches to convey the
mail through to California, render it necessary for the Mail Company to
have almost all the newspaper mail stowed away in the different stations
between here and Salt Lake. All we have to do is to open a canvass mail
bag and help ourselves. The mail agents don't care, why should we? I have,
myself, for the last few days, been passing away the time in reading
papers published all over the Northern States. We take them by the half
bushel. The Overland Mail is a humbug so far as carrying papers and
letters through punctually in the Winter is concerned; at least it is
so with their present facilities."
POLICE COURT.--In the case of Manown and Gibson, who were tried on
Tuesday on a charge of stealing powder--the case being taken under
advisement--Judge Gilmer announced yesterday that he would hold the
defendants to answer to the charge of destroying marks on wrecked
property. The counsel for the defense intimated his intention to
apply for a writ of habeas corpus for the purpose of obtaining the
release of his clients. They were subsequently released on bail. . . .
A ROUGH WALK.--Dr. J. Edwards and G. W. Prior, of San Francisco,
arrived in the city yesterday from Nevada Territory. They walked
from the Johnson mining district, on Walker river to Folsom, and
were two weeks in making the trip. They represent the road over
the mountains as in bad condition--though not so much worse than
usual in the winter season, as is generally supposed. They were able
to make from seven to nineteen miles per day. They speak of their
journey across the mountains and back as "a very pleasant trip."
The stage agents on the eastern slope are said to use no exertion
to keep the road open, and the result is that foot passengers out
travel the stages with ease. Johnson mining district is located at
the east and west forks of Walker river, and is as yet but thinly
settled, the mines having been but recently discovered. It is said
to compare favorably as to mineral wealth with the more celebrated
districts of the Territory. . . . .
THE LINE COMPLETED.--The telegraph line between this city and San
Francisco was completed at about dusk laat evening. The work of
setting the posts and extending the wire across the tules of Yolo,
has been progressing, under the management of Superintendent Gamble,
during the past week. About four miles from the city a cable of about
one-third of a mile in length has been laid for the purpose of allowing
aail boats to pass and repass without interrupting the wire. Along this
section poles have been driven, on which the wire will ultimately be
extended. The Superintendent is confident that the line can now be kept
in repair, by means of which we shall be kept posted in San Francisco
affairs.
FINISHING UP.--But little has been done in our city, since the commencement
of the flood epoch, towards either erecting new buildings, or completing
buildings previously begun. An exception to this rule may be found in
the new building of Dr. Morse at the northeast corner of Second and K
streets. During the past ten days carpenters, plasterers, painters,
glaziers, etc., have been actively employed on it, and yesterday a stock
of drugs was exposed for the first time in the corner store. The upper
portion of the building is being fitted up as a place of residence. . . .
Sacramento Daily Union, Volume 22, Number 3389, 7 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION.]
. . . .
ASSEMBLY.
SAN FRANCISCO, February 5, 1862.
The Speaker called the House to order at eleven o'clock . . . .
REPORTS.
Mr. Porter, from the Committee on Roads and Highways, reported that
Assembly Bill No. 29--An Act to grant the right to construct a bridge
or bridges across the Stanislaus river to the Stanislaus Bridge and
Ferry Company, should be referred to the Committee on Corporations.
The bill was so referred.
Mr. Hillyer, from the Committee on Accounts and Expenditures, reported
favorably some additional accounts for boat hire, and certain other
accounts, which they had examined and corrected. For boat hire:
A. Clary, $147 claimed, $90 allowed; W. H. Watson. Jr., $60, allowed;
Boyington & Malone, $56, allowed; J. T. Enright, $100, allowed;
Boyle & Adams, $40, allowed; John Gallagher, $17.25 claimed, $15.50 allowed;
Henry Pierce, $20, allowed; A. Dallas, $20, allowed; Kirby, $5.50, allowed;
Thomas Crescent, $50, allowed; H. J. Clayton, $11, allowed;
A. E. Mead, $39, allowed; W. Williamson, $60 claimed, $10 allowed.
Total claimed, $675.25; allowed, $547. . . . Aggregate claims allowed,
$893 50. All of which the Committee recommend to be allowed and paid out
of the Treasury.
Mr. Matthews said the Committee had already allowed $1,104 for boat hire,
and inquired if these bills included any which were at that time rejected.
Mr. Hillyer replied in the negative, and said he believed the Committee
had allowed none but just claims.
The report was adopted. . . .
MESSENGERS TO AND FROM THE CAPITAL.
Mr. Dennis moved to take from the table the resolution introduced yesterday,
appointing two messengers, P. H. Patten and G. T: Bolden, at $8 per diem,
to travel daily between San Francisco and Sacramento, to transact
legislative business with the State officers. He said his object was to
refer the resolution to a select Committee of five. There seemed to be
an impression yesterday that there was a disposition to rush this thing
through; he had no such disposition, but believed the appointment was a
necessity, and desired to have the matter inquired into.
The Speaker, in reply to Mr. Hagar, said if the resolution was taken up
the substitute--the joint resolution for the appointment of a Committee
to confer with Wells, Fargo & Co. with reference to carrying dispatches
to and from the State officers--would be taken up with it.
Mr. Avery said he was sorry to see a disposition to create so many
useless offices. He hoped they would go on with legitimate business,
and allow
this matter to sleep the sleep of death on the teble.
Mr. Shannon said the Legislature having determined not to remove
the State officers to San Francisco, no one could deny but some
kind of arrangement was needed for the transaction of business
between here and Sacramento. It must either be done by messengers
or by Express, and he saw nothing wrong about the proposition to
refer to a select Committee of five, to inquire inte the necessity
of having messengers, and whether that would be cheaper than to do
the business by the Sergeant-at-Arms or by Express. The interests
of the State would not be jeopardized by such reference, and when
the Committee reported the House could take such action as it saw
fit.
Mr. Machin said be hoped the proposition would not prevail. It
appeared to be the disposition of the House, as it had been all
along, to do all the traveling, and whatever traveling was to be
done hereafter he trusted would be done by the members in person.
Mr. Dennis said there was an accumulation of business in the hands of
the Sergeant-at-Arms, which most members were not aware of, and it
would be the duty of the Committee to investigate that matter
thoroughly, and report what was best to be done.
Mr. Van Zandt said he moved yesterday to lay the resolution on the
table because he thought the members had a right to select the persons
to do business for them. He wanted a voice in that matter, and did not
want persons outside to be continually suggesting, arranging, and
calculating plans for the House. He did not object to appointing
messengers, but he wanted time to consider the proposition and the
fitness of the persons proposed. It would be a post of trust, and bonds
should be attached to it. He moved to postpone the matter till Friday,
and make it the special order for 12 o'clock on that day.
Mr. O' Brien urged the propriety of referring the matter to some
suitable Committee.
Mr. Van Zandt withdrew his motion to make it a special order.
Mr. O'Brien said he could not say whether messengers were necessary
or not, but he was willing to leave the matter in the hands of a
Committee, and if they reported in favor of a messenger or messengers
he would be willing, regardless of party, to vote for any proper
person, of good character and integrity, who would give proper bonds.
Mr. Reed said, if the resolution was allowed to lie on the table, they
would soon discover, in the course of business, whether or not there
was any necessity for messengers, and when that necessity became
apparent it would be time enough to take up the resolution. He was
connected with various Committees, but had not yet discovered any
such necessity, nor did he believe that others felt it.
Mr. Saul said he was glad to find, although rather late, that the
gentleman from Sonoma believed they could get along here without the
State officers. Yet they must have some communication, at least once
a week, to get their pay. Last week the Sergeant-at-Arms was gone three
days on that account, creating an expense for mileage, etc. He thought
the best way would be to refer the matter to a Select Committee, to
report when they got ready and according to the necessities of the
case. He was not tenacious in regerd to who should be appointed
messengers, if they were good and faithful men, and gave ample bonds.
Mr. Watson moved to amend the motion to take from the table, by adding
that the resolution be referred to a Special Committee of five, with
instructions to report on Friday, at 12 o'clock, and that the subject
be made the special order for that day.
Mr. Fay proposed a further amendment, that the Committee be instructed
to confer with Wells, Fargo & Co., and ascertain upon what terms they
would do the business for the Legislature. Mr. Ferguson said, if they
had a messenger, it would be necessary that he should be at all times
where he could be directed by the House. They would require a messenger
to send messages to the Express office, and it was not competent to use
the Sergeant at Arms for that purpose. He thought they had better take
up the resolution now, and go into Committee of the Whole, if necessary,
to discuss the qualifications of the persons proposed. Before Friday
they might have a dozen messages to send to the Governor, and they must
employ some messengers.
Mr. O'Brien called for a division of the question, so that the vote
should be first taken upon the motion to take the resolution from the table.
Mr. Reed asked if it was in order to move to lay the whole subject matter
on the table.
The Speaker said he thought not, as it was already on the table.
Mr. Meyers moved to postpone indefinitely the whole matter.
Mr. O'Brien said that was not in order, because the subject was not yet
before the House.
Mr. Maclay said he thought the resolution had better remain on the
table for the present. He was on the Committee on Claims, and some
of the members of that Committee would be obliged to go to Sacramento
in order to have access to the records. Claims were being presented,
and they could not tell without examining the records whether or not
they had ever before been paid, and for his part he would never vote
for claims until he had examined the records. Messengers could not
transact that business, and he did not know how they could legislate
intelligibly unless the Committees had free and full access to the
offices now in Sacramento.
Mr. Hoffman said until the necessity was shown he should be opposed
to allowig [sic] somebody a per diem for being ready to do something
which perhaps would never be required to he done. He hoped the
resolution would not be taken up, at least until there was business
enough to warrant it.
Mr. Battles asked if it did not require a two-thirds vote to take
up the resolution.
The Speaker replied that it required only a majority vote, the
resolution having lain one day on the table.
The following was the vote on taking the resolution from the table:
Ayes--Barton of San Bernardino, Benton, Campbell, Davis, Dean, Dennis,
Evey, Ferguson, Frasier, Griswold, Hoag, Irwin, Jackson, Kendall, Matthews,
McAllister, Morrison, O'Brien, Parker, Porter, Reeve, Sargent, Saul,
Seaton, Shannon, Smith of Fresno, Thompson of Tehama, Thornbury, Waddell,
Warwick, Watson, Werk, Woodman, Wright, Yule--35.
Noes--Amerige, Ames, Avery, Battles, Bell, Bigelow, Brown, Collins,
Cot, Cunnard, Dore, Dow, Dudley of Solano, Eagar, Fay, Hillyer, Hoffman,
Lane, Leach, Loewy, Love, Machin, Maclay, McCullough, Meyers, Moore,
Printy, Reed, Reese, Sears, Smith of Sierra, Thompson of San Joaquin,
Tilton of San Mateo, Van Zandt, Worthington, Zuck--36.
So the House refused to take the resolution from the table.
Mr. Irwin offered the following:
Resolved, That a Committee of five be appointed, whose duty
it shall be to inquire into the necessity to transact business between
the State House and Sacramento, and also to inquire whether the object
can be reached in any manner involving less expense, said Committee
to report to this House on Friday next.
Mr. Fay proposed the following as a substitute:
Resolved, That the Chair appoint a Committee of one to confer
with Wells, Fargo & Co., as to the terms upon which they will do the
messenger business between this place and Sacramento, and said Committee
report to this House forthwith.
Mr. Warwick said he sincerely hoped the matter would not be referred
to a Committee of one. That was narrowing it down to rather close
quarters, for the gentleman from San Francisco (Mr. Fay) might be
the Chairman and the whole of that Committee. He hoped the House
would make the Committee consist of at least five.
Mr. Irwin said since the Legislature had decided not to bring the
State offices here, it must be apparent that some means of communicating
with them was absolutely necessary. His resolution proposed a Committee
of five simply to inquire into the necessity of employing messengers,
and whether some less expensive method can not be adopted. It therefore
embraced everything contemplated in the substitute, leaving the whole
subject to the discretion of the Committee, which the Speaker would
appoint. He hoped the original resolution would be adopted.
Mr. Fay said he would be glad to see the House commence to do bnsiness
economically and in a business-like way, instead of going around Robin
Hood's barn to accomplish every little thing. A Committee of one to
confer with Wells, Fargo & Co., would be just as good as a larger
Committee, and then the House could act as it chose. He did not doubt
that a contract could be made with Wells, Fargo & Co. to do all that
was required for five dollars a day, which would save the expense of
special messengers. That Company was in the regular and legitimate
business of expressing letters, packages and treasure, and the business
would perhaps be safer in their hands than in the hands of other parties.
Mr. Avery advocated Mr. Irwin's resolution. Although he agreed with
the remarks of Mr. Fay as to Wells, Fargo & Co., still he thought
the better way was to refer the matter to a Committee of five, so
as to get it out of the way of the House, and go on with business.
Almost every day some resolution of this kind was brought in, creating
great delay of business.
Mr. Fay withdrew his amendment, and the resolution proposed by
Mr. Irwin was adopted.
BOOKS FROM STATE LIBRARY.
Mr. Machin introduced the following:
Resolved, That the Chairman of the Judiciary Committee be
hereby requested to procure from the State Library copies of all
the statutes and Supreme Court Reports of the State of California,
to be kept in the room of said Judiciary Committee, for the use of
the members of this House.
Mr. Bell said he was not aware of any intention to offer this
resolution, but he regarded it as an inspiration of the gentleman
introducing it, for these books were absolutely necessary to the
Judiciary Committee. They had not now in the Committee room a single
law book, State report, or even so much as a primmer [sic].
Mr. Kendall concurred with Mr. Bell as to the necessity of having
the books.
Mr. O'Brien suggested that it would be very expensive to get the books
here.
Mr. Machin said it was absolutely necessary for all the Committees
to have access to the laws.
Mr. Dudley, of Solano, said it would cost him six bits to get all the
statutes of the State since 1850 brought from Sacramento, and he
supposed it would cost as much more to get the Supreme Court Reports.
Mr. Eagar said the resolution was unnecessary, beosuse any member
could now get what books he wanted from the State Library.
Mr. Bigelow said he would agree to pay the expense out of his own
pocket.
Mr. Fay proposed to introduce gentlemen in want of books to the best
libraries in the city, where they could get books free of charge.
Mr. Dudley, of Placer, asked who would guarantee the protection of
the books while here. If the resolution passed they would next want
a temporary Librarian.
Mr. Bell said the Chairman of the Judiciary
Committee would undertake to be responsible for them.
Mr. Kendall said it was true they had access to certain libraries,
but they could not take the books to their Committee rooms, where they
were most needed. They could not remove the books from the Mercantile
Library rooms, and although the Young Men's Christian Association had
kindly invited them to take books, he supposed they were books upon
divinity rather than law.
Mr Watson moved to lay the resolution on the table. Lost, on a
division--ayes 24, noes 26.
Mr. O'Brien moved to amend; the resolution so as to read:
Resolved, That the Chairman of the Judiciary Committee be
directed to communicate with the State Librarian, and request him
to forward to the Assembly for its use, copies of all the statutes
and Supreme Court Reports of the State of California, to be kept in
the room of said Judiciary Committee, for the use of the members of
this House.
The amendment prevailed.
Mr. Battles insisted that the resolution was unnecessary, because
any member could now get books.
Mr. Dudley of Placer said the Judiciary Committee was a great institution,
having charge of all sorts of bills and almost everything else, and he
doubted the propriety of turning an institution of that enlarged
character into a library. He would sooner suggest that every bill be
referred to it, and that a pole be erected, with an inverted hat upon
it, to which every member should make obeisance as he went by. The
resolution amounted to nothing, and the House had the other day voted
down a similar one, when the great bugbear--the Banquo's ghost--was
raised, that it was an initiatory step toward the removal of the Capital.
There were plenty of books to be had in the public and private libraries
of San Francisco, which had been generously thrown open; and if they
turned the Judiciary Committee's room into a State library, the next
step would be to appoint as Librarian the person eulogized the other
day as having been born of poor but honest parents.
Mr. Bell said this resolution coming from an unexpected source,
showed the Judiciary Committee that their light that they wotted
not of had gone abroad, exciting the admiration, and even the envy
and jealousy of the gentleman from Placer (Mr. Dudley). There were
plenty of law libraries, and good ones, in San Francisco, but would
the gentleman from Calaveras (Mr. O'Brien) and others of the Committee
come to its meetings with ten or fifteen books under hia arm? The
Committee had been honored by a visit from the Chief Justice of the
Supreme Court, and that functionary had to bring in his hat or under
his arm the authorities he expected to appeal to on some great matter
before the Committee. He suspected that the gentleman who offered the
resolution had not so much the dignity and glory of the Judiciary
Committee in view as he had the comfort and convenience of members.
They would make the Judiciary Committee the custodian, and then members
of the Claims, Ways and Means and other Committees would come to the
Judiciary Committee room, smoke their cigars, drink their--cold
water (for they were all temperance men), borrow and lose their books,
and then make them responsible. Now the expense involved would not be
more than twice six bits, and the gentleman from San Fraucisco
(Mr. Battles) generously proposed, some Saturday, after he had seen
the Sergeant-at-Arms, to put his hand in his pocket and pay that
enormous sum out of his own per diem. The Judiciary Committee were
doubtless growing to be a learned, able and comprehensive body, but
they could not get along without books. It was the gentleman from
Placer alone who saw no need of books. Perhaps in future years, when
the gentleman from Placer, and other gentlemen who were in favor of
stealing trout from the limpid waters of Lake Bigler, had returned to
their constituents, been received with peans, and sent back year after
year to the Legialature, their wisdom would become so entirely equal
to all emergencies and exigencies of law and all else relating to State
and nation, that no books would be needed; but until that time, the
Judiciary Committee would ask to be allowed these two dozen books.
Mr. Dudley of Placer, said he thought books could not be of much
value when they had the radiating intelligence, the learning and
the sonorous, syren like voice of the Chairman of the Judiciary
Committee, who upon every important question rose and stated that
during some former period of his legislative career that measure
came up, and he approved or advocated it, whereupon a rabble follows
at his heels, crying out, "Oh! Bell! Oh! Bell, what have you done!"
as though the whole legislation of California was under his thumb.
What was the use of books when they had a man of character in their
midst? [Laughter.] He had been led to exclaim, many a time, "Upon
what meats doth this our Cesar feed, that he hath grown so
prodigious?"
Mr. Bell--Shakspeare. [Laughter.]
The resolution was adopted.
Mr. Frasier offered a resolution of thanks to the Young Men's
Christian Association for their generous offer of the free use
of their Library to the members of the House, which was adopted. . . .
STATE LIBRARY.
Mr. Warwick said he desired to introduce a bill, and preliminary to that
ask leave to read a report from the Committee on the State Library. The
report was read, stating that the Committee had visited Sacramento, and
found that the whole number of volumes injured more or less by the late
flood was 1,046, including some rare and valuable works, which could not
be easily replaced. Some of these works would scarcely pay the cost of
binding, but among them were many national and State documents which
could be replaced for little more than the cost of transportation. Among
the most valuable works were some dating back as far as A. D. 1500. With
regard to the unfortunate destruction of books, a list of which was
appended to the report, the Committee felt obliged to exonerate the
State Librarian from all blame. The first flood, occurring in December,
was supposed to have fixed the highest water mark which the water could
reach, and every reasonable precaution was taken before the second flood,
but the water rose two feet higher than before, wetting the lower shelf
of books, the swelling of which broke the upright so as to precipitate
the books into the water. The Committee therefore exonerate the Librarian,
and recommend that he be authorized to contract for binding such works
as are worth it, and to sell such as will not pay for binding. They
therefore recommend the passage of an Act to authorize the State Librarian
to have certain books in the State Library repaired.
The bill was read twice and referred to the Committee on Ways and Means. . . .
THIRD READING OF BILLS. . . .
Assembly Bill No. 34,--An Act concerning roads and streets in the town of
Auburn, was read a third time.
Mr. Dudley, of Placer, said he was opposed to the bill upon principle,
although, as it was urged by his colleague (Mr. Hillyer), whose district
alone was affected by it, he would not directly oppose it.
Mr. Hillyer defended the bill, stating that his constituents demanded
its passage. Auburn had suffered quite severely from the flood this
season, many culverts having been destroyed, which it would cost $700
or $800 to repair. The bill only provided for dividing the township
of Auburn into two road districts, one of which was to consist of the
village of Auburn, the trustees of which would expend all the money
raised for road purposes therein. They had a special road law in Placer
county, dividing the county into ten districts, each of which used
its own fund.
Mr. Dudley said his objection was, that about nine tenths of the
property in the township was owned in Auburn, while nine-tenths of
the road was outside.
Mr. Bell said he was bitter enemy of this bill, and thought they ought
not only to defeat it, but to repeal the special road law of the county.
Mr. Meyers also opposed the bill, stating that it was a wrong principle
to make by special legislation a few roads very good, at the expense
of making all the rest very bad.
After a protracted debate, a division was taken, and the bill was ordered
engrossed by a vote of--ayes, 31; noes, 17. . . .
SACRAMENTO BOATMEN.
Mr. Ferguson, on leave, introduced an Act making appropriations for the
payment of the boatmen employed by the Sergeant-at-Arms of the Legislature,
during the flood at the Capital, which was read twice.
Mr. Ferguson explained that under the resolution the boatmen could not
obtain their pay from the General Fund, as that fund was appropriated
exclusively to the payment of members and attaches of the Legislature.
He moved to suspend the rules in order to put the bill on its passage;
but objection being made, some discussion ensued, in the course of which
Mr. Hillyer stated that the Committee on Accounts and Expenditures would
allow no further claims of the boatmen.
The bill was finally referred to the Committee on Accounts and Expenditures.
At 2:20 P. M. the House adjourned. . . .
LEGISLATIVE PROCEEDINGS OF THURSDAY.
In the Senate, on Thursday, , , ,
A bill was passed amending the law authorizing the construction of a
free bridge across the Feather river at Yuba City. . . . A resolution
was adopted, calling upon the State Capitol Commissioners for information
concerning the condition of the Capitol building--what contracts had
been made in connection therewith, what materials are now on hand for
the construction of the same, and what amount of money has already ben [sic]
advanced by the State on account thereof. The Senate adjourned at twenty
minutes past two. . . .
In the Assembly on Thursday, . . . A concurrent resolution, that the
President of the Senate and the Speaker of the House :be empowered to
employ two messengers to facilitate communication between the Legislature
and the State officers at the Capital of the State, was referred to the
Special Committee on the subject, to be appointed under resolution of
Wednesday. . . . The bill making an appropriation for the payment of
certain claims for boat hire was considered in Committee of the Whole,
amended, and passed. The amount of the claim is about $1,650. The House
[adjourned?] at a quarter before two. . . .
LETTER FROM SAN FRANCISCO.
[FROM OUR SPECIAL CORRESPONDENT.]
SAN FRANCISCO, Feb. 6, 1862.
The removalists are constantly exerting themselves to make the removal
of State officers to San Francisco appear a necessity. To this end
they made a hard fight yesterday against taking from the table a
resolution offered on the previous day, for the appointment of messengers
to facilitate communication between the Legislature and the State
officials at the Capital. The vote as announced was--ayes 35, noes 36.
The resolution in itself was of no great importance, but the motive which
induced the opposition to it is evidenced by the fact that the friends
of the late effort to remove the State officers generally voted against
taking it from the table. Those who voted aye stand politically thus:
Republicans, 32; Union Democrats, 3 ; Secession, 1. The noes stood:
Republicans, 6; Union Democrats, 25; Secession, 4 [backwards?].
The removal clique
hope, by steadily opposing everything tending to facilitate the transaction
of business under the present arrangement, to force the transfer of
the State officers to San Francisco. Of course some voted with them
yesterday, under a misapprehension of the effect of their votes, or
because they thought messengers unnecessary. The subject was finally
referred to a Select Committee, who will report upon the necessity of
messengers or of a contract with the express company for the transmission
of business dispatches, etc. There are members who dare not vote at
once for a removal, who will aid the measure, nevertheless, in all side
motions intended to aid in the accomplishment of that object. If the
State offices could once be temporarily removed to this city,
it would not be ten days before a demand would be made for an extension
of the time for their remaining here. We have already a proposition
for suspending all work upon the new Capitol until the next session,
and a movement for removing and keeping the State offices here "until
the next session," would be in keeping with it. Those who say there
are no advocates in the Legislature of a permanent removal of the
Capital are either ignorant or untruthful. A high State official
assured me but a day or two ago that he was standing in the way of
active attempts toward the accomplishment of such a purpose. . . .
Although the Assembly yesterday ordered a Special Committee of five,
in reference to the appointment of messengers to carry communication
to and from Sacramento, the Speaker made no appointment then, and has
suffered the House to adjourn today again without discharging his duty
in the premises. Does he hope by delaying the matter to so inconvenience
the Legislature as to extort votes from members in favor of a removal of
the Sute officers? Any fair Committee will report means for communication,
which will prevent any trouble; but if the Speaker will not appoint the
Committee the public business must be delayed in consequence. . . .
EGYPT-CALIFORNIA
Editors Union: . . . .
The valley of California, like that of the Nile, is undoubtedly capable,
under proper management, of producing food for many millions of people.
There are, however, some characteristic differences which it may be well
to note:
1st. Egypt, being a rainless country. watered only by the Nile, all the
land above the reach of irrigation from the river is, of necessity, a
parched and arid desert; whereas, California being surrounded by high
mountains, which are abundantly supplied with perennial streams,
irrigation is rendered practicable, not only on the elevated portions
of the valley but far up the slopes of the mountains.
2d. The overflow of the Nile occurs in June, July and August the hottest
portion of the year, thereby rendering the growth of trees impossible
upon overflowed land. In California the overflow takes place when
vegetation is nearly dormant, and therefore many sorts of trees may be
safely grown where the land is occasionally submerged.
3d. The cereals and other annual vegetation can only be grown on the
overflowed lands of the Nile--all beyond the overflow and what may be
pumped up from the river is a barren waste. All the country susceptible
of cultivation is flat and nearly uniform in temperature, whereas in
this country we have by the elevation of our mountains, every variety
of climate, from semitropical to arctic, and can therefore successfuily
cultivate almoat every plant and tree found between the tropic of
Cancer and the arctic circle.
The recent disasters by floods will probably bring lands which are above
high water mark more into repute; but this overflow of land in Winter,
when vegetation is dormant, is, I believe, regarded in all countries
as a blessing. Some of the largest cities in the world have risen up
in countries subject to annual overflow, Baylon [sic], Ninevah, Memphis
and the modern capital of Russia may be cited as instances. These
ancient cities were for a long time seats of empire, and were in a
great measure supplied from countries subject to annual inundation.
It is true they have passed away, but so also have great cities built
upon the dry land.
The people of California have suffered greatly from the recent
terrible floods; but how much more terrible and destructive this
visitation must have been had it been delayed half a score of years
longer. Our people now know where and how to build in order to avoid
the next great flood. It will not do to abandon Sacramento. Every
citizen of the State has an interest in its success and prosperity.
Better tax the whole State a sufficient sum for its protection against
floods than abandon it now.
GEORGETOWN, January 30, 1862. E. H.
p. 2
NEWS OF THE MORNING.
. . . .
We publish a suggestive communication, over the signature of "Pioneer,"
urging upon the Legislature the appointment of engineers to examine the
Golden Gate, and ascertain whether that outlet is sufficient to discharge
the water of our valleys, and if not, whether it could not be widened?
At a meeting of the Board of Supervisors held yesterday, the draft of an
Act, providing for levying a special tax to pay the Rightmire claim, was
approved and recommended to the favorable consideration of the
Legislature. . . . The Superintendent of the City Cemetery reported the
number of deaths in the city during the month at thirty-seven. The cemetery
has not been seriously damaged by the inundation. The weather continues
clear and pleasant. The rivers are slowly subsiding, and the water in
the city continues to recede. The main thoroughfares are in almost as
good a condition as they have been this Winter.
Howard Association.--. . . . The station at the Fort will be closed
on Saturday, the families remaining having sick children. The families
at the Hall are daily being fitted out and placed in comfortable homes,
and it is intended to close the Hall this week, if practicable. The
number upon the hands of the Society yesterday was one hundred and
sixteen. Contributions have been received from John Leavitt, Virginia
City, Nevada Territory, $250; citizens of Greenwood, $200; balance of
funds at Grass Valley, per A. Delano, $30; H. S. Beck, Eureka, Sierra
county, $25; Dwight Hollister, Sacramento river, $10; J. Williamson,
proceeds of benefit concert, Nevada, $332. These contributions are
timely, and of great benefit to eke out the funds and enable the
Society to conclude its arduous labors. . . .
TELEGRAPHIC.--The Marysville Express is informed that the
telegraphic line between Marysville and Bear river, a distance of
twelve miles, is now in working order. The line is down between
Sacramento and the Twelve Mile House. The Northern Line is now in
working order from Marysville to Chico; and with Downieville there
is telegraphic communication. . . .
RAIN IN TUOLUMNE.--Dr. Snell, of Sonora, a gentleman who has the
reputation of making correct meteorological observations, reports
that from November 10, 1861; to January 23, 1862, 102 inches of
rain had fallen--equal to 8 feet 6 inches of water spread over the
entire country! During the period mentioned there were 69 rainy days. . . .
CITY AUTHORITIES AND BUSINESS.
Upon the. Board of Supervisors the Consolidation Bill devolved the
municipal power guaranteed to the city by that bill. But the provisions
of the law conferred only a limited power on the Board for municipal
purposes, and even have been so bunglingly administered as to present
to the people more of a caricature than a real government. In times
of trials and misfortunes caused by epidemics, or by fires and floods,
the people of a city, generally depend for aid upon their city
authorities. To those in power they look for plans of relief and for
the ways and means necessary to enable them to repair damages. In most
of the cities of the Union the reliance upon the authorities by the
people would be well founded; the municipal government would come to
the rescue with a vigor and power which would soon restore confidence
and reopen the channels of trade. Sacramento, however, is an exception
to the general rule; she has the shadow of a city government, but the
substance has departed. Was ever a city, amid such trials, tribulations
and destruction, so little aided and encouraged by her city government?
Can any citizen point to a single act of our city authorities which has
benefitted the city in the least since the first flood in December? The
Board authorized ferries to be established at the Fort slough, which
could only be used when the water was at a low stage; it has since
authorized a toll bridge to be built over the same slough. Beyond
these negative acts, what has the Board done for the city during the
past two months of floods? Absolutely nothing. It has not even pretended
to aid the city beyond the employment of the chain gang to lay down
crossings and bridges in a few instances, where the material was
furnished by individuals. So little confidence had the people in the
administrative ability of the Board, that when money was raised to repair
our levees, it was placed in the hands of a Citizens Committee to be
expended.
The Board of Supervisors--alias our city authorities--has not, however,
remained entirely idle. It has held its regular sessions, and it has
managed to get up a kind of side issue with the Railroad Company, for
the gratification of members and the ridicule of the people. One of
the latest acts in the farce is the employment of counsel and the
passage of a resolution ordering him to bring suit against the Railroad
Company to prevent said company from running its cars below Sixth
street. Verily, as one of the members suggested, the Board is making
itself "the laughing stock of the community." A lawsuit, though, in
which the city is sure to suffer a defeat, is no laughing matter, as
the people will be compelled to foot the bill. The community very well
knows that the city has no ground of action against the company until
after the six months notice has been given, as prescribed in the
ordinance. The community is also aware that the Board of Supervisors
possess no authority whatever to employ counsel for the city. For legal
advice and assistance the members by law are dependent upon the City
and County Attorney. But his legal opinion is understood to be adverse
to the course the Board has deemed it proper to pursue, and hence, said
Board takes the responsibility to employ counsel and order him to proceed
to bring suit without regard to the legal rights in the case. Why should
not the Board "become the laughing stock of the community?" But,
independent of all questions of right, we maintain that the present is
not the proper time to be raising issues with the Railroad Company.
If ever the railroad can be made beneficial to the city, the present
is the occasion when such an end can be accomplished.
It is known that for near two months the intercourse of this city with
the interior for the shipment of goods has been completely destroyed
by the high water. It is true that for a portion of this time the
roads outside of the city have also been impassable, but had means
of communication existed, so that goods could have been transported
to and from Sacramento, the condition of her citizens and her business
would have been vastly different from what it is now. The city has
suffered from the suspension of her legitimate business almost as
heavily as from the floods to which she has been subjected. After the
first flood, goods, for a few days, were hauled to the cars on the Upper
Stockton road, at rates ranging from six to ten dollars per ton. The
great flood on the 10th of January destroyed even that poor resource.
The plan was then adopted of sending goods by steamer to some point on
the American, at the rate of ten dollars per ton, thence to the station
at a further cost of four dollars per ton, and thence by railroad to
Folsom, we suppose, at the usual rate. This circuitous and expensive
mode of reaching the country, has forced all the wholesale grocers to
establish branches at Folsom, and goods which ought to be sold here,
are now furnished customers in that town to the injury of Sacramento.
The tax, too, upon country merchants is enormous. Were the railroad in
operation these oppressive expenses upon the trade and business of the
city would be at once reduced. Hundreds of dollars a day would now be
saved to the business of our merchants were the cars running into the city.
It is therefore of .vital interest to the business of the city to have the
railroad put in a running condition as early as possible, as there is
little probability of a road passable for heavily loaded wagons to the
high land being provided before Spring. But, like the dog in the manger,
the Board of Supervisors will neither provide for building a road nor
permit, if they can prevent it, the Railroad Company to repair its line
into the city. Let us hope that the Legislature will soon relieve us from
the incubus of such an apology of a city government. .
LEVEE REPAIRS.--It. is certainly a matter of very great importance to
this city to have her levees so far repaired as to keep out, if possible,
the Spring floods. The weather appears to be so much settled as to promise
us immunity from further floods during the Winter, and those we may
anticipate in the Spring are not likely to prove as high as those we
have experienced this Winter. To keep out the water will therefore not
prove a job so very difficult provided the work is begun immediately,
and is pursued with energy. That break at the tannery can be closed
without much difficulty in a couple of weeks, and then by repairing
the Thirty-first street, or building a new cross levee, the water which
comes in at Burns' slough would pass harmlessly by the city. . . .
NARROW ESCAPE.--We adverted some time since to the narrow escape of
McKean Buchanan and his troupe on the Merced, during the late floods,
and the fact that an iron safe containing $2,000 in gold pieces, was
floated from a cellar in Snelling's Hotel to the distance of a quarter
of a mile. The Stockton Republican adds:
The company, consisting of quite a large nnmber of persons, was at
the hotel at Snelling's, at the time of one of the floods. The house
is near a large oak tree, and a cable connected the two. J Buchanan sat
in the parlor of the hotel until the water was even with the window-sills.
The current was terrible. Suddenly there was a tremendous crack, and he
exclaimed, "Save yourselves! make for the tree." The ladies, Mrs. Buchanan,
Miss Buchanan, Mrs. Hall, Miss Woodcock, and three other ladies, were well
wrapped in blankets and lifted into the tree. Buchanan and two other men
followed them. Some articles of wardrobe and the drum was also with
difficulty got into the tree. The party remained a long time, though
the citizens of Snelling's went at once to work to rescue them. A boat
was finally got across, and fifty or more citizens stood prepared to
rescue the party should it overturn. They got safely over however, to
high land, though they crossed a slough lately made, which was raging
and roaring like a mountain torrent. The kind hearted and hospitable
people of Snelling's sheltered the unlucky travelers, and most of them
are still there. Mr., Mrs. and Miss Buchanan are at the house of Mr. Lake,
wagon maker. Miss Buchanan is represented as behaving with remarkable
courage and calmness through all the danger. The hotel and the tree were
both carried away within a few minutes after the party was rescued. . . .
LETTER FROM MARYSVILLE.
[CORRESPONDENCE OF THE UNION.]
MARYSVILLE, Feb. 5, 1862.
Under the auspices of Charles E. De Long, who represents Yuba county in
the State Senate, a meeting of "the citizens of Marysvllle" was held at
the City Hall last night. The object of the meeting was to take steps to
secure the seat of State Government. The meeting, although not largely
attended (there being at no time one hundred persons in the hail), will
probably become magnified by the memorialists, and deserves a passing
notice. J. A. Paxton was called to the chair, and William B. Latham chosen
Secretary, when the proceedings commenced. As an old gentleman up this
way remarked, Charley De Long is troubled with a verbal looseness, and
is never present at any pubic meeting without suffering a passage. On
the evening referred to, he was compelled to do all of the talking.
Charley said that the Legislature has adourned [sic] to San Franisco for the
session, and will probably stay there during the next; and if by that
time Marysville can accommodate the Legislature, he believes this city
would be declared the Capital. De Long says that Sacramento will not
remain the Capital unless soon protected by levees, and as that is
impossible (!) he concludes that he will remove the thing. He further
stated that Sacramento was "a mere swamp," and, having violated those
promises made to obtain the Capital, has no right to that wished-for
boon. He furthermore stated that members generally spent their per diem
and considerable more during the session, so that our hotels, etc., would
be much benefitted by his proposed change. Having thus eased himself of
this burden of ideas, forth came the Senator's " plan." He "suggests"
that the capitalists of this city subscribe between one and two hundred
thousand dollars, erect a building suitable for a Capitol on Cortez
Square [This land was twice flooded during the Winter] and offer it to
the State. Generous Charley! Of course all the money in the city
will be immediately transmuted, with more than a magician's skill, into
a Capitol building!
But what do you suppose our wise and august Senator told those cautious
gentlemen of means who wanted to know what they could do with this
immense building if Sacramento should succeed with the levees, and the
Legislature should refuse to "walk into our parlor?" Why, says our ready
representative (and his face was all aglow with a radiance like unto that
of Mr. Pickwick when he had performed some great act), why. if the
Legislature shouldn't come up here, why you don't lose
anything; you have your building just as much as if the Legislature wss
holding daily sessions in it! Of course, all doubts were dispelled!
Who would dare to say "elephant!" Mr. De Long's plan must work
(although I don't think it will), and the greedy capitalists will
"all speak at once!" After appointing a Committee to further De Long's
objects, the meeting adjourned to meet again. Charley "expects the UNION
(which he considers the biggest part of Sacramento) will howl against
this move." Messrs. Editors, don't howl; be not afraid. The
"little giant of Yuba" is harmless. He never was known to bite.
And now I have a very few words to say to the people of Sacramento.
Mr. De Long admits that there would not be any hope of getting the
Capital away from your city, if your levees were all built and there
was no danger of an inundation. His arguments and hopes are founded
upon the expectation (as he declared) that Sacramento cannot be
protected. I know, and you know, that it can. The question of
whether it shall, rests with you, Sacramentans. Act promptly,
unitedly, energetically, and you can erect breastworks, long
enough, and high enough, and strong enough, to defy the ravages of the
two rivers which assail you. Act in the future as you have always acted
in the past, when you have given satisfaction to the State, and even
little C E. De Long cannot injure you. PUBLICOLA.
INQUIRY OF WHOM IT MAY CONCERN.
EDITORS UNION: The property holders on Eighth street, between J and K,
ask for some information regarding the following points : First, why
the Board of Supervisors should not authorize to have substantial
bridges laid across the ditch on Eighth street, since it seems they
had the power to dig and tear said street to pieces, although the
said property holders paid formerly for the filling up out of their
own pockets? Second, if it would not be more proper, and of more
importance, and better for said Board of Supervisors, to adopt measures
towards improving the streets, which are at present in the most
deplorable condition, whereas it seems said officers idle away the
public time by passing ordinances about "swinging signs," which might
have been done last Fall or the coming Spring?
THE PROPERTY HOLDLERS.
WHAT ARE THEY DOING?
EDITORS UNION: It is understood that the Citizens' Committee have on
hand about twenty-flve thousand dollars. As every flood damages this
city actually and constructively fifty thousand dollars, and as the
Legislature would probably return to Sacramento were the levees properly
secured, how is it that the Committee exhibit no energy in the premises?
The amount of trade directed into other channels by each succeeding
flood, would probably far exceed the amount in the hands of the
Committee, which amount is said to be equal to the sum required to
protect the city from the usual inundation in March or April. INQUIRER.
SAN FRANCISCO LADIES SAMARITAN SOCIETY.--This Society has published a
brief report of its doings since January 9th:
Total of applicants registered, 1,583; men, 461; women, 437; children, 685;
total number of families in the foregoing, 307; total number of persons
in these families, 1,210. Of these families 150 applied for only partial
relief, wood, blankets, etc. The remainder (157) have been wholly provided
with homes, in rented houses, with stoves, bedding, and provisions for
two or three weeks. Of these 157 families, there have been sent to other
places to resume business, 21. There have been finally supplied and
discharged, 34. Leaving dependent for continued supplies, for at least
one month, in whole or in part, 102 families. To which we must add of
applicants from the class first named, for partial supply, say 25. Making
a total of 127 families, and of persons, 508, who require organized
charitable aid to keep them from actual want. These persons are mostly
wives and children of men who have returned to save what they can from
the wreck by flood, and prepare for the return of their families. They
are thus truly strangers in our midst, destitute of all save that which
they have received at the hands of onr citizens. Having secured the
continuance of the services of gentleman who are familiar with the relief
already afforded the sufferers, we shall be able to reach them promptly,
and thus prevent their becoming destitute. . . .
LOSS OF STOCK IN SHASTA.--Referring to the disastrous effects of the
late storms and flood on cattle, the Shasta Courier of February 3d says:
At Piety Hill nearly all the cows have died. A. Prior has suffered quite
a heavy loss; some twenty head of his stock have died this Winter.
D. Frank has lost some fine stock brought across the Plains last year,
some twelve head of his cows having perished. A drove of six hundred
head of cattle from Oregon was driven to Winter in the hills between
South Cow creek and Bear creek, and from the cold and starvation the
owner has lost three hundred head. He has taken the hides off all these
dead cattle, and perhaps they may bring him two or three dollars a
piece at the tannery. The dead carcasses of these animals have attracted
thither all the coyotes and wolves for miles around, and during the
night the howls of these wild animals can be beard a long distance off. . . .
p. 3
CITY INTELLIGENCE.
TRADE ON THE AMERICAN.--The steamer Sam Soule is at present making but
one trip per day up the American river. The water is becoming so low
that she touches a bar a short distance below Lisle'e bridge. As the
bar is composed of freshly deposited sand, the current cuts it away
very quickly under the boat, and she is soon set afloat again. At
Mitchville business continues to be lively. In addition to those
previously established, Daly & Rust have opened a grocery store. Some
two or three open bars are doing a large business. A teamster of the
town having relieved a companion who had suffered under Job's affliction,
awoke yesterday morning and discovered himself to be a practicing
physician, as announced by a sign put up in the night, running "Dr. West
Evans, Physician and Surgeon. Particular attention paid to the removal
of boils, etc., etc. N. B.--American fives taken at par." Some forty
teams were in the town yesterday, geared up and ready for service, when
the steamer should arrive. As she approached the landing she blew her
steam whistle. The horses took fright, and a general stampede commenced.
The teams became entangled among each other, and the drivers came
promptly to the rescue. Order was restored out of chaos before any
great amount of damage was done. The shipment of freight to Mitchville,
though still lively, is not so heavy as when the steamers first began
to run. . . .
COUNTY SEAT OF YOLO.--A delegation from Yolo county left the city
yesterday for San Francisco, for the purpose of obtaining from the
Legislature the passage of an Act to change the county seat from
Washington to Woodland, formerly known as Yolo City. It is said
that a majority of the voters of the county have already signed
petitions for the above change, the flood rendering it a matter of
convenience to nearly the entire agricultural region. Woodland is
twelve miles this side of Cacheville, and is centrally located in a
geographical point of view. . . .
RAILROAD REPAIRS.--The work of repairing the R street railroad is
progressing more rapidly within the last few days than heretofore.
Piles have been driven at a distance of fifteen feet apart from the
starting point, between Four and Fifth streets, to the west line of
Sixth street. Heavy girders are adjusted on the piles. The track is
laid as the work progresses. The pile driver from San Francisco has
not yet arrived, but is expected daily on the schooner Harriet K.
THE ANTI-RAILROAD COMMITTEE.--In accordance with a resolution adopted
by the Board of Supervisors yesterday, Supervisors Granger, Hansbrow
and Russell were appointed a Committee to confer with F. Hereford,
the counsel previously employed by the Board to enforce by by [xic] legal
means the removal of the railroad from Front street and from R street
west of Sixth. The Committee and the attorney had a meeting of conference
yesterday afternoon. . . .
THE RIGHTMIRE CLAIM.--A bill was approved by the Board of Supervisors
yesterday to be submitted. to the Legislature, providing for a special
tax on city property to pay off the claim of A. D. Rightmire of
$1,002.25 for making preparation to build a bulkhead at Rabel's tannery
during last fall.
SATISFACTORY.--The style of weather with which we were favored yesterday
gave general satisfaction. If the weather clerk shall continue in like
manner to meet the popular demand, he will not be legislated out of
office by the Citizens' Committee.
DRAINAGE.--The chain gang has been at work for the past two days in
digging a drain through the alley, between Front and Second streets,
from J street to M. Property on J street, near the upper end of the
ditch, has been considerably benefited thereby.
THE GEM.--About thirty-five men have been engaged at work on the
steamer Gem for several days past. A large quantity of timber has
been landed on the ground. The work advances successfully and will
probably be completed within a week. . . . .
[For the Union.]
THE LEVEE SYSTEM--IMPORTANT SUGGESTIONS.
MESSRS. EDITORS: Having noticed the article in your issue of the
4th instant--"Is the Sacramento Valley Inhabitable?"--I should like to
propound or suggest what seems, in the comparison and analogy drawn
between certain valleys in Europe and that of the Sacramento and other
valleys, to have escaped their attention, and that is, what is the
proportionate area of the outlet through which this immense quantity
of water is discharged? It appears to me, from what slight knowledge
I have of the outlet or entrance at San Francisco, better known as the
"Golden Gate," and which if it continued to hold back the water and
submerge us, as it has done the past ninety days, may prove anything
but a "Golden Gate,") [no ( ?] that a very vital point, in our troubles
may there be found, also, as some other party has to the "UNION" of a
few days since suggested, at "Carquinez Sraits." It is a well known
fact, that the entire basin formed by the area of our several valleys
and the mountain sides, contiguous thereto, has no other discharge
than the "Golden Gate," and that most of the water passing through that
outlet must also pass through the Straits of Carquinez; and the further
fact, that such a small outlet discharges so much water fully
demonstrates that any enlargement, no matter how small, would be
proportionately cheaper than building such high and extensive levees
along the entire river banks. Another strongly demonstrative fact of
the disproportionate size of the outlet is that in the recent floods
the current running out of the Bay of San Francisco is said to have
acquired a speed of eleven miles per hour, the water being backed up
to attain such a velocity.
In view of these facts, would it not be an economical and practical
investigation or operation for our Legislature to appoint and empower
a competent Board of Engineers, familiar with such matters, to
investigate and examine the above mentioned localities--Golden Gate
and Carquinez Straits--in reference to the widening and deepening of
the channel and removing such rocks, reefs and other obstacles as now
interfere with our safety and prosperity. The result to San Francisco
harbor might also be very beneficial, by making a less deposit of
and carrying off more sediment--the present filling up being occasioned
largely by the indirectness of the channel and the incapacity of the
discharge. I submit these ideas, hoping it may induce those of
experience in such matters to investigate and establish whether there
may be any validity in the suggestions herein contained, and whether
or not the proportionate expense of enlarging the outlets would not
be much less than such an extensive system of high levees.
PIONEER.
MARYSVILLE, February 5th. . . .
THE RIVER.--The Sacramento river has fallen to about nineteen feet
six inches above low water mark. The water in the lower part of the
city recedes at about the same rate as that of the river--two or three
inches per day. . . .
BOARD OF SUPERVISORS.
Thursday, Feb. 6 1862.
The Board met at ten o'clock this morning. Present--Supervisors Granger,
Hill, Hansbrow, Hite, Russell, Dickerson, Waterman, and President
Shattuck. . . . .
The report of R. F. Jacobs, Superintendent of the City Cemetery, for the
month of January, was received and filed. . . . Due the Cemetery for
permits, $65; due the Cemetery for lots, $248: none of which had been
collected in consequence of the temporary absence of parties from the
city and the scarcity of money during the flood. The Cemetery is stated
to have been but little damaged by the inundation.
Supervisor HANSBROW moved that the following Act be presented to the
Sacramento delegation in the Legislature, with a request to have it
enacted into a law:
An Act to allow the Board of Supervisors of Sacramento county to levy
a special tax.
The People of the State of California, represented in Senate and Assembly,
do enact as follows:
Section 1. The Board of Supervisors of the city and county of Sacramento,
shall have power to levy a special tax, which shall be collected in the
manner now prescribed by law for the collection of taxes, sufficient to
pay the claim of A..D. Rightmire, arising out of a contract entered into
by said Board of Supervisors and said Rightmire, not exceeding the sum
of one thousand and two dollars and twenty-five cents.
Sec. 2. The tax to be levied and collected under this Act shall be paid
into the County Treasury, and be constituted as a separate fund to pay
the claim of said Rightmire.
Sec. 3 This Act shall take effect immediately after its passage.
The motion was agreed to. . . .
Supervisor HANSBROW moved that a Committee of three be appointed to
confer with Mr. Hereford, the attorney employed by the Board in the
proposed suit against the Sacramento Valley Railroad Company. Agreed
to.
Supervisors Hansbrow, Granger and Russell were appointed to act as the
Committee.
On motion, the Board adjourned to meet on Monday, Feb. 17th, at two P. M. . . .
p. 4
OUR LEGISLATURE--ITS DUTIES.
[From the Shasta Courier.]
We say, without the fear of successful contradiction, that the people
demand a short session.. We further hold, that since the removal of the
Legislature to San Francisco, it would be unwise to pass any laws to which
the people would not yield a ready assent, for the reason that there are
doubts, and grave ones too, as to the constitutionality of the present
removal, and, consequently, doubts as to whether any laws passed in San
Francisco can be enforced by judicial action. We hold further, that the
only laws which are deemed of vital or immediate importance are such as
would secure the adoption and assumption of the Federal war tax, and its
payment, which of course would require an amendment to the Revenue Law.
There are other laws which we would like to see passed, in ordinary times,
but for the present we would prefer that the statutes remain unchanged,
and that our already afflicted and tax-ridden people should be no further
taxed for an unconstitutional Legislature. We believe that an Act for
the assumption of the Federal war tax, whether constitutionally passed
or not, would be readily obeyed by the people of the State, for a large
proportion of our population are disposed to aid the Federal Government
to their last dollar in the prosecution of the war; and those who are
so disposed would be deterred by an overpowering public sentiment from
resisting its enforcement; hence, it matters but little where this law
is passed. But in regard to other laws, no such argument can be urged.
There is nothing to prevent a resistance to the Fence Law, for instance,
or to the law altering or amending the present Constitution--there is no
moral obligation resting upon any one not to test their constitutionality,
so that in the absence of a decision of the Supreme Court to the effeot
that the place of making the law is not an essential element in its
validity, we think the Legislature would be acting very unwisely in
holding a protracted session. For our own part, in the face of the
decision of the Supreme Court, in the case of the People at the relation
of Vermeule vs. Bigler, we cannot see how the Legislature was removed
at all, for it is difficult to imagine how much stronger language can
be used than the following from the above cited case:
Chief Justice Murray says, "That unless the Act removing the Capital
(Feb. 4, 1851) was constitutional, 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 to correct
legislation, as much so as it is to a proper administration of justice;
and if a decision wonld 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."
We have always advocated the calling of a Convention to amend the
Constitution. We believe that most of the changes proposed by the
Legislature would work well; but we also know that the loss in
legislating on the subject for one week would cost more than the
salaries of the present incumbents for the next year, or during their
present terms, and besides, the same reasons for changing the number
of Supreme Judges (the most important of the proposed changes) do not
now exist with the same force as formerly.
We might urge argument after argument against a long session, but our
chief ones are, that the people are suffering from heavy calamities--that
most of the counties in the State are insolvent--that our Federal Union
is in danger and needs the substance of her citizens to support her--it
is better to bear laws that are not exactly what they should be, than in
times like these to call new men and measures into existence--and that it
is the universal wish of all classes that the Legislature should adjourn
without delay.
There are, however, bipeds (we will not oall them men) who,
for the sake of securing to themselves a paltry advantage--the sake of
their ten dollars per day and San Francisco society--will advocate much
legislation. To such we have no word of advice ; they are beyond the
depths to which our pen can sink; they are Neros, who would fiddle while
their country was in flames. We are assured that our representatives have
only to be convinced of what is the popular will, to have them use every
effort to carry it out: and it is with this view that we have penned
this artiole, feeling that in so doing we are acting the part of an
honest journalist.
When the dangers which now threaten our very hearthstones are dispersed,
wben peace shall have been won, when as brothers we can sit down under
our own vine and fig tree, then we will be ready to go with him who goes
the farthest in trying, by legislation if need be, to provide for every
imaginary want of our people.
THE SWAMP LAND SUBJECT.--The underadded sensible article on the Swamp
Land question, we clip from the San Francisco Journal:
We donbt the policy of abolishing the Swamp Land Commission, now
attempted in the Legislature. The reclamation of lands under that
system is entirely practicable, and we see no earthly reason why it
may not be made economical. The objection to the system by Governor
Downey and others opposed, seems to be that the fund accruing from
the sales of the lands will be consumed in the payment of engineers
and other officers. Such has certainly not been so far the result,
and why it should be so in the future is known only to those who are
peculiarly gifted with the powers of prophecy. But suppose that it
were indeed the case, even then it is much better to reclaim the lands
than to let them lie idle. The principal objeot of the reclamation
is not so much to create a big fund in the treasury as to throw hitherto
useless acres into cultivation, and thus to increase the taxable property
of the State. A wise statesmanship looks to the remote, far more than
the immediate results.
Besides, if the margin for expenditures under the existing statute is
too large, it can easily be cut down by judicious amendment. It is
poor policy to overthrow the entire system on account of a single defect,
and one which may be so readily remedied.
Furthermore, the citizens of various swamp land districts have paid
their money into the fund, $138,000 of which is now in the treasury,
with the pledge of the State that it was to be appropriated to the
reclamation of their land. To break up the system in the summary manner
proposed would be an act of great injustice to them, and the delay
occasioned, at this time of present urgent necessity, would force many
of them to abandon their homes and property. The State Government must
keep its faith with these people.
We haye advocated the employment of convict labor in the process of
reclamation and the harmonious conjunction of the two plans of
operation--under the Swamp Land Commission and that under the cities
or counties directing convict labor--produce speedy and great results
for the general good of the country. There is no reason why the two
should conflict, and no necessity whatever that one should supersede
the other.
THE WINTER OF FLOODS.--The Winter of 1861-2 will be pointed at in
future years as a memorable Winter of great and devastating floods.
The loss of life and property will afford eventful details in the
annals: of California. Withont the imagination of looking back from
the future, we can already realize the precautions that will be taken
to guard against like destruction of property. We can almost observe
the desolate farms along the banks of the rivers, apparently as rude
and wild as though never disturbed by the agriculturist. The effects
of the flood will be felt all over the State. Provisions, clothing,
mining and farming implements, and all other necessaries will advance
to prices of old times. Channels of rivers will be cleaned ont,
facilitating navigation, and mining creeks, gulches, etc., will be
rendered almost new again for mining operations. New placers will be
opened by the washing away of banks and excavations of earth. As time
rolls on the steamers and teams will be rapidly replacing what has been
destroyed, giving employ to thousands of industrious persons. Levees
must be built and new buildings erected at Sacramento and other places,
and the public highways, bridges, etc., need considerable repair
and rebuilding. The destruction of this Winter will bring immigration
of working men who can have safe assurance of day labor, in order to
get a small capital to start in the more ambitious business of life.
W
ith all the misfortune of the present Winter, we feel certain of
greater prosperity than ever in our thriving Pacific State, which will
render her more than ever worthy the motto, "Eureka."--Yreka Journal.
Sacramento Daily Union, Volume 22, Number 3390, 8 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION.]
SENATE.
SAN FRANCISCO, Feb. 6, 1861. [sic]
The Senate met at eleven o'clock, . . .
REPORTS.
Mr. RHODES, from the Judiciary Committee, to whom was referred Senate
Bill No. 70--An Act concerning chattel mortgages, reported the same back
with a substitute, recommending its adoption.
Some discussion took place as to whether the bill could be considered
at the same stage when the report was made. The bill was placed on
the general file. . . .
BILLS INTRODUCED.
The following bills were introduced, read twice and referred as indicated:
By Mr. PARKS.--An Act to amend an Act authorizing the Board of Supervisors
of Sutter county to construct a bridge across Feather river, approved
April 11, 1859, and to repeal section nine of an Act amendatory thereof
and supplemental thereto. [Section nine of the Act alluded to is made to
read that the Board of Supervisors may collect such amount as they may
deem proper, and cause the same to be set apart as a special fund for
the purpose of repairing said bridge and keeping in repair the road at
each end of said bridge, and that they be authorized to draw their warrant
on the State Special Fund for the above mentioned purpose.
Mr. PARKS explained that the Board of Supervisors were authorized some
few years since to build a bridge across that river, which extended into
two counties and they had no right to make any repairs. This was simply
authorizing them to collect a toll to repair the bridge.
The rules were suspended, the bill read a third time and passed.
By Mr. VAN DYKE--An Act for the relief of John T. Cary, Treasurer of
Klamath county. [The amount of mileage and commission forfeited under
the Revenue Act, by not being present at the office on the precise day
required by the Act.] To the Committee on Claims. . . .
RESOLUTIONS. . . .
On motion of Mr. PORTER,
Resolved, by the Senate, the Assembly concurring, That the Board
of Commissioners appointed to superintend the erection of a State Capitol,
by provision of an Act entitled an Act to provide for the construction of
a State Capitol in the city of Sacramento, approved March 29, 1860, be
requested to report forthwith to this Legislature--1st, the present
condition of the Capitol building; 2d, the contracts that have been
made by them relative to the same; 3d, the amount of money expended,
and for what expended; 4th, the amount and condition of the material
now on hand for the erection of the building paid for by the State,
or upon which the State has advanced money, if any. . . .
CHATTEL MORTGAGES.
The bill concerning chattel mortgages, being a substitute from the
Judiciary Committee, embracing various amendments suggested on Tuesday
in Committee of the Whole, was considered in its order. Mr. Crane said
the Committee was extremely desirous that this Chattel Mortgage Act
should be passed upon to-day. If the bill was to become a law, so as
to afford the relief contemplated, it was high time it should be passed
and the fact known throughout the State.
The bill was read by sections as amended:
Section 1. Any person or persons possessed of any farming land in this
State, may, for a just indebtedness, make and execute a mortgage upon
all his or their interest or any part thereof in the produce there
planted, sown or growing, or thereafter, within the next six months,
to be sown or planted or raised upon 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 and growing, or standing, or upon crops thereafter
within the next six months to be sown, or planted, or standing,
including all volunteer crops, as well as crops of grass or hay,
and also fruit growing or to be grown, and in all cases 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 and mortgagee 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 by law to take acknowledgment
of deeds or 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
recorded in the county in which the land therein described is situate,
by the Recorder of said county, in the book or books already provided
and in use for recording chattel mortgages, and to widen the same in
the same manner as now required by law, and for which said Recorder
shall receive the same fees as now provided; provided, that in every
county in which the Recorder is compensated by salary said fees shall
be paid into the treasury by such Recorder.
Sec. 5. Such chattel mortgage, when so made, executed and recorded,
shall be and become a valid lien and encumbrance upon the grain, grass,
fruit or other crop then 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 transit
of the same to the warehouse, or other place where it may be stored,
and during its transit to market; provided, however, that in order to
continue the said lien upon grain or other produce in the sack, ball [bale?]
or package, the holder of the mortgage shall, before such grain or
other produce is removed from the farm where the same is threshed,
sacked, boxed, baled or packed, brand or cause to be branded or marked,
upon one side, and near the middle of every such box, sack, bale or
package, the letter M, in a plain, legible manner, which shall be
surrounded by a circle.
Sec. 6. Any person preventing the making or branding of any such produce
as mentioned in the preceding section, or altering or defacing such
brand or mark with intent to defraud the holder of such mortgage while
such mortgage or any part thereof remains unpaid, or placing such brand
or mark on any such bale, box, sack or package when the same is not
mortgaged with intent to defraud, delay or hinder the creditors of the
owner thereof, shall be guilty of misdemeanor, and on conviction thereof
shall be fined in any sum not less than $100 nor more than $500, or
imprisoned in the county jail not less than one month nor more than
three months, or by both such fine and imprisonment.
The holder of the mortgage or his agent may at all times lawfully enter
upon the premises covered by such mortgage, take possession of the
mortgaged property, mark all sacks, bales, boxes or packages, and in
case the mortgagor or his executors, administrators or assigns shall
fail to properly harvest and secure said crop, may harvest, pack, sack
or box the same, the actual cost whereof shall attach to said property,
to he collected as a part of said mortgage in the same manner as freight
or commission or storage.
Sec. 7. The holder of the mortgage shall be fully authorized, after
the debt shall have become due, without process of law, at any time
after he has given five days notice to the mortgagor of his intention
so to do, to proceed and sell the property so mortgaged, and not less
than the usual market rates, or so much thereof as may be necessary to
satisfy the principal and interest due him, together with the freight,
commission and other charges attending such sale, and shall pay the
balance of the money arising from such sale or sales, if any may remain,
and on demand, deliver all such property which may remain unsold unto
the mortgagor, his executors, administrators or assigns, or to the
Sheriff or other officer who may have given notice and levied process
thereof as provided in the sixth section of this Act.
Sec. 8. Any mortgage made in pursuance of this Act may remain and be in
force for one year, from and after the time when the grain or other
produce covered by the same shall have been harvested, and no longer.
Sec. 9. If any property mortgaged in pursuance of this Act, shall be
attached or levied upon at the suit of any creditor of the mortgagor
or his assigns, such creditor shall have no right to take possession
of said property, but his levy shall only operate as a lien upon the
surplus which may remain after the mortgage, commission, freight and
other lawful charges shall have been fully satisfied, as provided in
the seventh section of this Act. And a certified copy of the process
levied shall be served upon the mortgagee and mortgagor, his or their
assigns or agents, and being so served, shall operate as a levy npon
such surplus.
Sec. 10. Upon such levy being made, the holder of the mortgage, or his
agent, shall, on demand, make a statement setting forth the number of
sacks, bales, boxes or packages which he holds under the mortgage, and
the kind and quantity, and also the amount due him, which statement shall
be verified by his oath. And ahall at all reasonable times thereafter
make a statement of the same, upon request of any creditor interested,
and any surplus of such produce, or of money arising from the sale
thereof, which may remain after fully paying such mortgage, and freight,
commission and other charges, shall be paid and delivered over to the
officer making such levy, as provided in the seventh section of this Act.
Provided, however, that such creditor so so [sic] levying process, may,
at his option, pay or tender to such mortgagee, his agent or assigns,
the money then due him on such mortgage for principal, interest, and
other charges, such as freight and storage, which may have attached
to the same, and in such case such creditor shall be entitled to the
immediate possession of such property, and on sale to satisfy his
judgment, shall retain, first, the amount which he paid to redeem the
same from said mortgage, and the rate of one and a half per cent. a
month from the time of such payment; second, all charges for the care
and keeping of such property, and third, the amount due him on his
judgment, or so much as may be paid thereby, the surplus, if any,
which may remain, to be returned to said mortgagor, his administrators,
executors or assigns; and provided further, that in all cases the wages
of laborers engaged in harvesting, hauling, threshing, sacking, boxing
or baling any such crops, shall be and become a lien thereon prior to
all other liens whatever, such claim, however, not to exceed $50 to any
one person, and be sued for within thirty days from the time that the
labor was performed.
Sec. 11. 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.
Mr. BAKER said, so far as the merits of the bill
were concerned, he believed Senators were well advised. The bill ought
to be on the statute book, under the circumstances calling for it. We
had a Homestead Law exempting $5,000 worth of real estate in the shape
of a farm, which would be useless without .some enactment wherby [sic]
the honest farmer could secure his creditors. As his constituents were
concerned in the matter, he felt considerable anxiety that the bill
should pass.
Mr. CRANE said he believed the bill to be one of the most important
measures of the session that would afford relief to a large portion of
our community, who had been overwhelmed by the flood, and who had nothing
left but the soil they live on and a few tools and farming utensils. The
design of the law was to give to capitalists who might advance money to
raise crops, a lien upon that crop over and above all other creditors
until his advances had been satisfied. As a principle of abstract
equity, it was right, and no one would dispute it. Two-thirds of the
farmers would not be eble [sic] to do anything without such a law under
the circumstances existing throughout the Sacramento and San Joaquin
Valleys, and a crop would not be raised this year in California.
This was a State of great reverses. Men who were poor this year would
be rich next, and vice versa. Those who had lost their all by this
flood might be worth $12,000 in six months, as he had seen in the case
of a farmer with only a few acres of land. This flood would greatly add
to the fertility of the soil; it would make this country like the valley
of the Nile, yielding two-thirds more than in ordinary seasons. Next
year the farmer would obtain large prices, owing to the fact that on the
other side of the continent vast armies had been withdrawn from labor.
Was not this a wise and better measure than it would be to borrow millions,
and lend millions to the people? Was it not better to enable the people
to help themselves than to help them? There had been great complaint
that the Attachment Law was a curse to the community, an the Judiciary
Committee had before them more than one proposition to abolish that
law. This bill would enable the farmer to shelter himself from the unjust
operation of that law. Another advantage would be the reduction of the
rate of interest, by giving the money lender absolute and unquestionable
security and furnishing abundance of capital at quarter of one per
cent. a month, thus saving from two to two and one-half per cent.
There was no country in the world where so much capital was congregated
in proportion to the number of capitalists as in California. He could
conceive of no valid objections to this measure. He denied that the
bill would promote frauds, for under existing laws the debtor could
already put his property out of its control. Besides the bill made all
possible provision for the security of creditors, while it enabled
farmers to negotiate loans on favorable terms, in a simple and
expeditious way, each man acting as his own Commissioner. He did not
believe the farmers were such rascals as to take advantage of a good
law enacted for their benefit, and appealed to the representatives of
the mining counties to lend their aid in establishing the law.
Mr. BURNELL concurred with Mr. Crane as to the importance of the bill,
and as to the honesty of the farmers, and said credit was as a general
thing more dependent upon the integrity of the party than on any
security. This bill would in his opinion help the farmers out of
their present difficulties by relieving them of the little property
left. It would enable the farmers to mortgage not only all his property,
but all he expected to have, giving his property into the control of
his creditor. Of all men, the farmer should himself control and attend
to his own business. Men could not afford to farm on the credit system.
He had been interested in farming ever since he lived in the State, now
represented a farming district, and knew all about the profits of farming.
Farmers could not obtain help if it was understood that their property,
present and prospective, was mortgaged; and he thought the terms of the
bill were such as would invite the perpetration of frauds of every
description. The thresher generally took his pay out of the farmer's
grain, but the mortgage proposed would prevent it and subject the farmer
to great inconvenience. In the hands of the money lender and speculator,
the farms would be badly couducted, and the farmers would fare very hard
indeed. The whole system of mortgages was, in his judgment, all wrong.
The bill provided for the mortgage of first vegetables, etc, and the
result would be that that sort of produce could not be sold at all.
The whole thing was wrong, and could only operate against the farmer.
The trouble was that all these relief bills for the farmer were
favorable to the money lender, and if they would only let the farmer
alone, he would work out his own salvation. It would demoralize the
honest yeomanry to give them unrestricted credit, and lead to ruinous
habits of extravagance. In a few instances the bill might be of some
benefit, but on the whole the country would be much better off without
it. The bill would only tend to introduce a reckless system of farming,
which was by all means to be deprecated. The farmers were now guileless
and ignorant of all shenanigan, and if they did not fall into the hands
of sharpers and money lenders, they would come out all right another year.
Mr. RHODES said, after the remarks of Mr. Burnell he did not feel like
undertaking to pronounce a eulogy upon farmers, but he thought that that
gentlemen had entirely mistaken the scope and object of the bill. The
gentleman ignored the fact that under the present laws the farmer could
mortgage all his growing crops, his barns, and everything else. The
gentleman had made a good argument against getting in debt generally,
but he had really advanced nothing against this bill. The alternative
of the farmer now was that either he must put in no crop this year,
or he must as a general thing mortgage his property, either lands or
crops, to raise the means of putting in crops. The advantage of this
bill was that it protected the farmer better than the present chattel
mortgage law. It gave him an opportunity of doing in advance that which
he might now do afterwards. It was certainly better for the farmer to
control his own property, but this bill would not interfere with such
control. It was inconvenient for a man to fall into the hands of money
sharks, but the poor devil who had nothing but his hands must perforce
seek aid somewhere. He disliked so much machinery as this bill proposed,
but nevertheless he believed it was an improvement on the old chattel
mortgage law. If fruit or vegetables were mortgaged the contract between
the parties might arrange as to the time of sale, and no difficulty need
be apprehended on that score.
Mr. PORTER said he represented an agricultural district, and had
intended to move an amendment, excluding his district from the operations
of the bill, if he had had an opportunity. He fully agreed with the
views advanced by Mr. Burnell, and thought the bill would work
injuriously to both farmers and merchants in his district. It looked
like enabling farmers to defraud their present creditors for the benefit
of their future ones. In his section the trouble with most of the farmers
was, that they had too much credit.
Mr. BAKER said he admitted the honesty of the farmers, and it was that
class of men that ought to be protected. The farmers were intelligent
enough to guard their own interests, and would not avail themselves of
this law unless their circumstances required it. He thougqt [sic] the
opposition to the bill arose almost entirely from a misconception of
its objects.
Mr. BURNELL. said he was aware that farmers could now mortgage their
growing crops, but it was a simpler and more comprehensible process
than under the paraphernalia of this bill. He wanted this bill to
stand entirely upon its own merits. He thought it was better for a
farmer to mortgage his land half a dozen times than his crops once.
A man need not sell his lands if they are mortgaged, but his crops he
must sell. He did not believe that the bill would reduce the present
rates of interest, which were not from two to two and a half per cent.,
and no farmer could live by borrowing mouey at such a rate. He had not
intended to intimate that farmers were an ignorant class, but he did say
they were not so well posted as others in the tricks of trade. They
would take care of themselves very well if they were not legislated
into limbo.
Mr. RHODES suggested that if they had so much intelligence, the farmers
could be trusted to decide when they would or would not mortgage their
crops.
Mr. BURNELL replied that any one could get rich if he could raise the
money to do it with. The business of legislation should be to prevent
holding out inducements to unwholesome credit. Farmers depended
peculiarly on individual enterprise, and should be especially well
guarded therefore in that particular. He would prefer that the bill
should not apply to his county. The present law amply protected the
money lenders, and this bill would only tie up the produce of the
farmer for the benefit of speculators in market. He believed abundant
crops would be raised the coming season for all the wants of the State
without the aid of any such bill.
Mr. PORTER, referring to some of the details of the bill, said he
thought it placed rather dangerous power in the hands of merchants.
By selling produce on five days' notice it might bring not more than
half its real value.
Mr. RHODES replied that they might give thirty or forty days' notice if
they chose. The time might be agreed upon between the parties.
Mr. CHAMBERLAIN said he regarded every farmer, including himself, as an
honest man, but merchants, nevertheless, would insist upon having
security. The greatest necessity for the bill was in the harvesting
of the crop, which involved the largest expense. The speculators
would manage generally to throw the crops into the market all at
once so as to bring down the price, and combinations would be formed
which it would be impossible to resist. In his county there had been
little suffering from the flood, but he thought there were individual
instances where it would be of benefit. If he thought, like Mr. Burnell,
that the law would compel farmers to mortgage their crops, he would
vote against it.
Mr. BURNELL said if snch a system were generally adopted, men would
be compelled to resort to it.
Mr. LEWIS asked what would be the effect of the law on the little
homestead farms in the mining districts? Their owners' credit would
not be good under this law unless they first abandoned their homesteads
in order. Homesteads might be relinquished, but a man would be very
foolish to do it.
Mr. VAN DYKE said he was still in favor of the leading features of
the bill, although he thought some of the details might be improved.
In his district men considered their farms as a sort of sacred heritage,
and were very reluctant to hazard them by mortgage. That was in
accordance with the spirit of the Constitution, and he thought it was
the duty of the Legislature to legislate in such a manner as to protect
the homestead as much as possible. Such would be the tendency of this
law. It was well enough to extol the farmer, but such eulogy did not
meet this practical question. He contended that the law would tend to
reduce the rate of interest by enhancing or increasing the security.
Mr, GASKELL asked that the bill be postponed
in order to give him and others an opportunity of examining it further.
Mr. CRANE said he thought the bill had been long enough under
consideration, and the Senate was as well prepared to act to-day as
it was likely to be.
The Senate refused to postpone the bill.
The ayes and noes were ordered, and the bill was passed by the following
vote:
Ayes--Baker, Banks, Chamberlain, Crane, Doll, Hathaway, Heacock, Kimball, Kutz,
Lewis, Nixon, Oulton, Perkins, Powers, Quint, Rhodes, Shafter, Soule,
Van Dyke, Warmcastle--20.
Noes--Bogart, Burnell, Denver, Gaskell, Harvey, Harriman, Holden, Parks,
Porter, Shurtliff, Williamson--11.
STATE LIBRARY.
Mr. CRANE offered the following:
Resolved, That the Committee on the State Library be allowed
two days absence, to proceed to Sacramento and examine the State
Library.
Mr. BANKS said the Committee of the House had already been there and
made an elaborate report, and presented facts which he supposed were
sufficient.
Mr. CRANE said the State Library was partially under water, and it
was absolutely necessary to make that examination; not less than
$3,000 worth of books had been under water.
The resolution was adopted--ayes, 12; noes, 10.
Mr. PARKS, from a special Committee, reported back Senate Bill
No. 2, relating to swamp lands, with a recommendation that it be
referred to the Swamp Land Committee. The bill was referred accordingly. . . .
At twenty minutes past two o'clock P. M. the Senate adjourned.
ASSEMBLY.
SAN FRANCISCO, February 6, 1862.
The SPEAKER called the House to order at eleven o'clock. . . .
REPORTS OF COMMITTEES.
Mr. HILLYER, from the Committee on Accounts Expenditures, reported back
with a slight amendment Assembly Bill No. 61--An Act making appropriations
for the payment of boatmen employed by the Sergeant-at-Arms of the
Legislature during the flood at the Capital.
Mr. MACHIN, from the Committee on Corporations, . . . Also reported back
Assembly Bill No. 29--An Act to grant the right to construct a bridge or
bridges across the Stanislaus river to the Stanislaus Bridge and Ferry
Company, with a substitute, and a recommendation in favor of the passage
of the substitute, as the Committee do not find the original bill
consistent with the general laws governing corporations. . . .
LEGISLATIVE MESSENGERS.
Mr. DORE offered the following resolution, which on his motion was
referred to the Select Committee ordered to be appointed yesterday
in relation to messengers:
Resolved, by the
Assembly, the Senate concurring, That the Speaker of this House and
the President of the Senate be and they are hereby authorized (whenever
in their opinion the same is necessary) to appoint two messengers at
a per diem of $8 each, to travel between this city and Sacramento, and
transact the business of the Assembly and Senate, their Committees and
members, with the various State officers. And before entering upon the
discharge of said duties, said messengers shall take an oath to faithfully
perform the said duties, and give bonds in the sum of $20,000 each;
such bond, when deemed sufficient for the purposes of this resolution,
shall be approved by the Joint Judiciary Committee of the two Houses. . . .
SENATE BILLS.
The House proceeded to the consideration of messages from the Senate. . . .
Senate Bill No 95--An Act to amend an Act to authorize the Board of
Supervisors of Sutter county to construct a bridge across Feather river,
and to repeal section two of a supplementary Act, was read twice.
Mr. SHANNON explained that the bill was intended only to authorize a
portion of the money received from tolls on the bridge between Marysville
and Yuba City, to be applied to repairing the road leading to the bridge
at either end. The late high water had washed away the banks so that
there was danger in case of another flood that the bridge would be
carried away. It was important that the work should be done immediately;
and he asked a suspension of the rules to allow the bill to pass
immediately.
Mr. PRINTY objected, and the bill was placed on file. . . .
THE SACRAMENTO BOATMEN.
On motion of Mr. FERGUSON, Assembly Bill No. 61--An Act making
appropriations for the payment of boatmen employed by the
Sergeant-at-Arms of the Legislature during the flood at the Capital,
was taken from the general file. It makes appropriations from the
General Fund for the payment of the various boatmen, whose accounts
have heretofore been allowed, amounting in the aggregate to $1,651.50.
The bill was considered in Committee of the Whole (Mr. SHANNON Chairman),
reported back to the House, and the ayes and noes demanded on the passage
of the bill.
Mr. YULE said he voted no on this bill as a friend of Sacramento, not
wishing to have it go out to the world that it cost so much per day for
the Legislature to remain in Sacramento.
Mr. CUNNARD said he voted aye for the reason that he wanted it known
what it cost the Legislature to remain in that delectable city, and
that when the SACRAMENTO UNION came to make out its final account
against this Legislature for that removal it might have the data to
make it up from.
The vote resulted--ayes, 56; noes, 3--Messrs., Dudley, of Placer, Maclay
and Yule giving the negative votes. So the bill was passed.
At 1:40 o'clock P, M. the House adjourned.
LEGISLATIVE PROCEEDINGS OF FRIDAY.
. . . .
In the Assembly, . . . A bill by Saul for the protection of farmers and
to regulate herding of stock. Referred to the Committee on Agriculture. . . .
House adjourned at three o'clock.
p. 2
NEWS OF THE MORNING.
. . . .This clear and bright weather is having a most favorable influence
upon the city. While the rivers are slowly subsiding, the water in the
lower part of the city is rapidly receding. The main thoroughfares are
in as good a condition as we have ever seen them.
A correspondence between the President of the Board of Swamp Land
Commissioners and Clement B. Ellis, engineer, will be found in our columns.
A NOVEL PROPOSITION.--Among the many propositions made to raise the
grade of Sacramento and levee the bank of the American river is one
of a very singular character, which a correspondent at Dutch Flat has
forwarded to us. In order to show in what various forms genius in
California will manifest itself, we give his idea of what might be
done in the premises. He says:
A great many deep and rich cuts in various mining sections of the
country have been caved out by the late remarkable freshets. Not only
the ordinary pay dirt has been washed out, but great quantities of
gold, and also bowlders of extraordinary size--say twenty to thirty
tons each, though the latter were considered immovable. It is, therefore,
my opinion that a good deal of the precious metal has found its way down
the American river as far as Sacramento. I would then advocate the
formation of a Mining and Grading Company to run water and dirt in a
large size sluice box for a number of miles from the American river
into Sacramento. It might pay a large amount of money, in gold, and
also grade a road, beginning on high land with a short sluice box,
then letting the rock and sand out, and setting new boxes on it to
lengthen it until it reached the Sacramento river. The water could
be let out of the city in drains. I venture to say miners with capital
would undertake the job if an inducement was offered them. They could
fill the streets six or eight feet, and build a road which would operate
as a levee, say 100 feet at the base and 80 feet at the top. I submit
the plan for your consideration.
All that we have to say is, that if any miners wish to work the American
river bed in this way and turn the current so as to carry a portion of
it away from this city, and use the balance for sluicing, now is the
time to pitch in, or as soon as the water falls somewhat. It would be
about as extensive a mining operation as ever came to our knowledge.
THE FLOOD IN WASHOE.--A correspondent of the UNION, J. R. Sproul, writing
from Dayton, February 1st, says, in reference to the loss of life there,
and the incorrectness of former accounts:
In the first place, we were like all others, thinking that Carson river
did not rise so high, until it was too late. On January 11th, the waters
came up so fast, by evening we had to leave our house, cross the race
to the mill and blacksmith shop; and I made two trips to the house from
the blacksmith shop. I had taken my bread and one sack of flour, and sent
over what bread was on hand, and some of the hands crossed the two ladies,
Mrs Mary A. Landon and Mrs. Andrews, with nineteen men, leaving four men
in the house, George Landon, O. Crandall, J. L. Forbs and N. Davis, who
had a boat tied to the door of the house, which we had caught adrift in
the evening. Just at daylight the house went off, and the parties
started for us, but the water was too strong, and the boat steered down
stream until they made a safe place to land. On Saturday morning,
January 12th, eight persons started from our place in our own boat,
Mrs. Landon, Mrs. Andrews, William.Dayton, William Brumer, Henry Miller,
Jesse Andrews and G. W. Brett. Brett is the only one who came out safe.
Henry Miller stood in the water up to his waist five hours before being
rescued, and has not got over his injuries as yet. I saved myself by not
going in the boat; I stopped on the island with fourteen other men
sixty-five hours before we were rescued. When our entire island was
about to be overflowed, my men took the only lumber left and built a
raft. We owe our rescue to the Barton Brothers and a few friends on
shore, who built a boat for our relief. Our loss was about $16,000.
NEVADA COUNTY.--As, one of the straws which show the sentiments of
the people of Nevada county on the adjournment to San Francisco, we
publish the subjoined extract from a private letter received in this
city from a prominent citizen of that county referring to the matter,
he said: "The Legislature by adjourning to San Francisco has done an
act which does not meet with the approval of the people of this
county. There is no justifiable reason for it. Those of our members
who voted for the removal, I think, will yet regret that they voted
to sacrifice the public interest for their own convenience.
SALMON FALLS.--The ferry of A. H. Richards, at Salmon Falls, El Dorado
county; is finished, and teams are crossing. A communication is now
open between the south and middle forks of the American river.
It was suggested yesterday that, for this Winter a dam built of lumber
might be put in at the break this side of the tannery, which would keep
out the water at that point this Winter and Spring. The lumber would not
be very expensive, as an elevation of five feet would probably be
sufficient. Plenty of drift lumber to answer the purpose, can probably
be obtained above and floated to the spot. The suggestion is worthy of
consideration, as that is an ugly opening to remain there until next Spring.
VISALIA SAFE.--The Stockton Republican is informed that but few
places of business have been injured in Visalia. Jacobs & Berger is
perhaps the only store damaged. The buildings which have been lost are
mostly brick dwelling houses which were put up with the aid of clay
instead of lime. The water in town was fully as high as represented.
Seven houses were washed away in Millerton. All the mining apparatus
on King's river was swept away. At Sccttsburg, McCrae's store stood
and the goods were saved from Hill & Royal's. The water was seven feet
higher in that locality than in 1852. . . .
AN ACT.
In relation to Swamp Land District No. 2, as established by the Board
of Swamp Land Commissioners, and to amend an Act entitled an Act to
provide for.the reclamation and segregation of swamp and overflowed,
and salt marsh and tide lands, donated to the State of California by
Act of Congress, approved May 18, 1861.
The People of the State of California, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the completion of the survey and estimates of the cost
of reclamation of Swamp Land District No. 2, as established by the Board
of Swamp Land Commissioners, it shall be the duty of the Secretary of
said Board of Commissioners to certify the boundaries of said District
to the Board of Supervisors of Sacramento city and county, together with
a statement of the total cost of the permanent reclamation of said district
as estimated and returned by the Engineer of said District, and a statement
of the amount of money to which said district is entitled of the moneys
now in the Swamp Land Fund.
Sec. 2. After the receipt of said certified statements, and at the time
provided by law for the assessment of State and county taxes, the Board
of Supervisors of Sacramento city and county is hereby authorized to
cause to be levied on all property within the boundaries of said District,
a tax which, in the aggregate, when added to the amount in the Swamp Land
Fund to the credit of said district, shall equal the cost of the permanent
reclamation of said district as estimated and reported in the plan to be
adopted by the Board of Swamp Land Commissioners.
Sec. 3. The assessment thus levied shall be collected as other taxes are
collected, and be paid into the State Treasury for the benefit of said
District No. 2, as hereinafter provided, to be applied in the work of
reclamation, as is provided in the Act entitled an Act to provide for
the reclamation and segregation of swamp and overflowed, and salt marsh
and tide lands, donated to the State of California by Act of Congress,
approved May 13,1861.
Sec. 4. The money thus authorized to be collected shall be received
by the State Treasurer and be credited by the Treasurer and Controller
to Swamp Land District No. 2, and upon the completion of the survey
of said District No. 2, it shall be the duty of the Board of Swamp
Land Commissioners to certify to the Controller and Treasurer of
State the number of acres of swamp and overflowed land in said District
claimed as the property of the State, whereupon the Controller and
Treasurer shall set apart from the Swamp Land Fund one dollar for each
acre thus certified, and credit the same to the fund of Swamp Land
District No. 2, which is hereby established, and which, with the tax
authorized to be levied and collected by the provisions of this Act,
shall constitute a Special Fund for the reclamation of said district,
under the provisions of the Act of which this Act is amendatory.
Sec. 5. Upon the completion of the work of the reclamation of said
District, the Board of Swamp Land Commissioners shall deliver the
levees, and other work of reclamation, to the control and custody
of ------, who are hereby appointed Levee District Commissioners,
the first two of whom shall hold oflice for one year, and until the
general election thereafter; the other three shall hold office for
two years, and until the general election thereafter; their successors
shall be elected by the people of the District, and they shall hold
office for two years from the time of election.
Sec. 6. The Levee District Commissioners shall have power to hire labor,
purchase material, and let contracts for the keeping of the levees and
other work of reclamation of said District in repair, and may certify
accounts to the Board of Supervisors for the same, payable out of the
fund in the County Treasury hereinafter authorized to be collected.
Sec. 7. The said Levee District Commissioners shall, annually, on or
before the first Monday of March, of each year, certify to the Board
of Supervisors the estimated cost of the keeping of the levees and other
works of said district in repair, and the Board of Supervisors shall
thereupon levy a tax upon all property in the district, which, in the
aggregate, shall equal the amount thus estimated. The tax thus authorized
to be levied shall be collected as other taxes are collected, and be paid
into the County Treasury as a Levee Fund, and be paid out on the warrant
of the Auditor, upon accounts certified by the Levee District Commissioners,
and approved by the Board of Supervisors.
Sec 8. The Board of Supervisors of Sacramento city and county shall pass
orders or ordinances providing a punishment by fine or imprisonment, or
both, to persons convicted of cutting the levees, or injuring other work
constructed for the reclamation of the district. . . .
THE OSAGE ORANGE HEDGE.--The wholesale destruction of fences by the
recent floods has again directed the attention of farmers to the
expediency of substituting hedges. A resident of Illinois gives the
following as his experience in raising an Osage Orange hedge:
In the year 1858 I purchased hedge plants to the amount of ten dollars,
which I set out, making one hundred rods of hedge. The first year the
setting and cultivating cost me six dollars. The second year, cultivating
and trimming cost two dollars; the third year, trimming, two dollars.
I plowed a large land on the side of the field on which I set my hedge,
so I had neither the ridge nor the dead furrow for my hedge row, but
level ground; then with a common plow I made a furrow in which I set
my hedge, placing the plants about four inches apart, and covered them,
so as to leave the ground perfectly level. I took a double shovel-plow,
and as often as the weeds sprang up or the ground became baked I plowed
it up, keeping the ground level. I did no trimming the fint year. The
second year I trimmed once, which I did about the first of April, cutting
the hedge about three inches above the ground. The third year I trimmed
twice; first, about the first of April, cutting the hedge about one foot
from the ground; second, the first of July, cutting about three feet
above ground; after which, my hedge has been completely adequate to turn
all my stock. . . .
REMOVAL OF THE LEGISLATURE.--The Placerville Republican says it
has no word of justification for those who voted to adjourn to San
Francisco. The Republican is very different from most of its
Republican cotemporaries, which defend the act on principle. For instance,
the Appeal is very angry because the press generally of the
State condemn the movement. . . .
p. 3
CITY INTELLIGENCE.
BUSINESS REVIVING.--With the continuance of fine weather each succeeding
day tends to the revival of business in our city, and to the restoration
of the ordinary and usual routine of life in our midst. Our stores are
all open, and many of them are doing an active, though not a heavy trade.
Teams, drays, express wagons, etc., are kept stirring upon the streets.
The steamers to Red Bluff, to Marysville, and to Brighton, are carrying
off freight, and the hundreds of small boats, which come to the city from
various point in our own county and in Yolo, continue to carry out supplies
for the surrounding population. As the water recedes, the chances of
getting into the city with teams increase. Ranchmen who reside on the
upper and lower Stockton roads, and who have heretofore been entirely
cut off by the water, now come up to Poverty Ridge with their teams.
Colby's bridge at the Fort will soon be finished, when farmers from the
portion of the county lying east of the city will have free access to
our midst. In the farming districts the plows are in motion wherever
the .ground is dry enough, and grain will be sown and seed planted
wherever practicable, with a fair prospect of remuneration. If we have
no further visitation in the way of storm and flood, our city will very
soon be the theater of activity and industry. . . .
INSOLVENCY.--Frank Leibling filed a .petition yesterday in the District
Court, asking for a discharge from his debts and liabilities. The
petitioner is a resident of Sacramento, and on account of losses by
floods, bad debts, heavy expenses, etc., has become hopelessly insolvent.
He commenced the business of peddling fancy goods in the fall of 1858,
with a cash capital of $14, and continued in that business until the
flood of the 9th of December, 1861. Those who were indebted to him at
that time, both in the city and county, lost all or nearly all the
property they possessed, and have moved to places unknown. His own
household furniture, worth $800, was also destroyed. His losses are
given at $1,650; total liabilities, $1,053.42; total assets, $397.50. . . .
WINDBOUND.--The steamer Goodman Castle was dispatched down the river
yesterday morning for the purpose of towing up some of the schooners
which have been wind bound below for several days. The Harriet K,
having on board the pile driver for the use of the Railroad Company,
was among the number. She had not returned at seven o'clock in the evening. . . .
IDLE.--The pile-driver at the R street railroad was unoccupied
yesterday on account of a scarcity of raw material. A supply of
piles is on the way up from San Francisco.
WATER GAUGE.--A temporary water gauge has been put up at the foot
of N street, as a substitute for.the city gauge, which was carried
away a few weeks ago. . . .
FALLING.--The water in the lower portion of the city during yesterday
and the night before fell four or five inches.
A BENEFIT.--The benefit for the sufferers by the floods, given at
the American Theater, under the auspices of the French Benevolent
Society, on Monday evening, February 3d, will probably net about
one thousand dollars. . . .
CONDITION OF THE CROPS.--The Stockton Independent has the following
on the prospect of grain crops:
We learn that the late flood has caused no perceptible damage to the
growing grain in the neighborhood of Mokelumne City, except in such
places as were subjected to a full sweep of the current. Where the
water quietly flowed over volunteer grain, or grain newly sown but
far enough advanced previous to the overflow to have formed a healthy
root, it is said the appearance of the crops was never better, and
farmers are in good spirits over the cheering prospects of a successful
harvest. The deposit of sediment over the fields of grain has been
so distributed that it has rather benefitted than otherwise the
volunteer grain. A considerable portion of the land had been but
recently sown when the heavy rains made their appearance; the ground,
being mellowed by the harrow, the slightest flow of water washed away
the grain. These fields will be resown as early as the weather will
permit, and should they escape another overflow it is highly probable
they will yield a heavy crop. Such is the opinion of the oldest farmers
on the low lands along the Mokelumne. If, then, this is the extent to
which the crops have been injured in a portion of our county where
nothing but their utter ruin was expected, we may reasonably entertain
hopes that in other portions of the country not visited by the flood to
the same extent, the crops will prove abundant and.remunerative to the
farmers who in so many ways have been sufferers. Good crops the coming
year will more than make up the losses occasioned by the destruction of
houses, fences and stock by the late flood. . . .
DESTITUTION.--The San Francisco Call says:
"At no time for many
years has there been so many unemployed men in San Francisco as today.
Many common laborers are willing to work for anything which will keep
body and soul together while the flood compels them to remain in the
city, and numbers who generally earn a comfortable living, now seek
the station house for gratuitous lodgings nightly." . . .
Sacramento Daily Union, Volume 22, Number 3391, 10 February 1862, p. 2
RAINY DAYS OF 1849-50.--A gentleman, resident, we believe, of Sonoma county,
remarked in our hearing yesterday, that he had never experienced, during
his long residence in California, a season at all comparable with the
present for severe storms. There was something unmistakable in his manner
and appearance that led us at once to surmise that he was indeed a
patriarch. Accordingly, after apologizing for our inquisitiveness, we
ventured the query as to the length of time he had lived in California.
He replied, that he came out here in 1829, and had resided since that
period continuously in the country west of the Rocky Mountains. There
had been four years prior to his arrival, i. e. , the winter of 1825,
a rainy season, surpassing in severity any ever before experienced by
the then oldest inhabitant. But our informant gave us to understand that
he had never witnessed in the course of his thirty-three years'
experience of California winters such a cold and wet season as that we
are now passing through.
In this connection it may be appropriate, as well as interesting, to
give a record of the rainy days of the entire wet season of I849-50.
Some time ago a Marysville journal gave an incomplete list, but the
subjoined is the only full record of the rainy days of that memorable
season. It is extracted from a journal kept by a gentleman then living
at Bidwell's Bar, Butte county: . . . .[table of precip. days, not amounts]
,--San Francisco Alta. . . .
SACRAMENTO HOWARD BENEVOLENT ASSOCIATION.
Supplement to Report for December, 1861.
Our last monthly report promised another, supplementary, in a few days,
which was prevented by the returning flood.
In the report of transactions for December the sums of $10,395.60 from
Messrs. Castle & Kittle, Committee, was acknowledged.
We append a list of the donors, merchants of San Francisco, as a record
of their liberality and practical sympathy.
DeWitt, Kittle & Co. $500.00 Bro't forward $6,073.00
Donohoe, Ralston & Castle & Freeborn 250.00
Co.. .... 500.00 Moses Ellis & Co. 250.00
W.T. Coleman & Co. 500.00 Jas. Patrick & Co. 250.00
Stanford Bros..... . 500.00 Dickson, DeWolf &
Mark Brumagim & Co...... 250.00
Co . . . . . . . . . 500.00 Abel Guy.. . . 250.00
Macondray & Co..... 500.00 B. C. Horn & Co. . 250.00
W. R. Garrison. .... 100.00 Janson, Bond & Co. 100.00
C. Adolph Low & Co. 150.00 Main & Winchester 100.00
W. C. Talbot & Co.. 150.00 Redington & Co... 100.00
A. S. Rosenbaum & Tubbs & Co........ 100.00
Co.. ... . . . 125.00 Snyder & Reed .. 100.00
Loning Feuerstein 100.00 E. F. Griffin & Bro 100.00
C. W. Brooke & Co. . 100.00 R. G. Sneath .... 100.00
Ross, Dempster & Co. 100.00 J. H. Coghill & Co.. 100.00
Frank Baker & Co.. 100.00 Turner Bros.. ... 100.00
S. H. Meeker & Co.. 100.00 J. B.Thomas.... 100.00
Sarah Chase Cargo. 100.00 Randall & Jones.... 100.00
George Gordon 100.00 Blackman, Howard
Falkner, Bell & Co. 100.00 & Co.............. 100.00
Fargo & Co. ...... 100.00 A. B. McCreery.... 100.00
Jones & Bendixen 100.00 Holliday & Flint 100.00
C. O. Turner & Co.. 100.00 Flint, Peabody & Co. 100.00
Geo. Howes & Co. ... 100.00 Tobin Bros. & Co.... 100.00
Weil & Co. . .. .. ..... 100.00 R. E. Brewster & Co. 50 00
Stevens, Baker & Co. 100.00 McRuer & Merrill.. 50.00
Tay, Brooks & Backus 50.00 M. Frisius.... ...... 50.00
Dodge & Shaw..... 50.00 Geo. F. Hooper..... 50.00
H. Webster & Co..... 50.00 J. D. P. Teller .... 50.00
Crane & Brigham . . . 50.00 Hodge & Wood . . . . 50.00
E. T. Pease & Co. .... 50.00 Adams, Blinn & Co.. 50.00
Steinhart Bros.. ... . . 50.00 Murphy, Grout & Co. 50.00
James Phelan 50.00 C. P. Lolor.. 50.00
George T. Grimes.. . 50.00 Jno. B. Newton & Co. 50.00
Sullivan & Cashman 50.00 Liverpool and Lon-.
V. Marziou & Co.... . 50.00 don Insurance Co. 50.00
Irvine & Co. . . . . . . 50.00 A. T. Lawton ..... 50.00
Eggers Co ... 50.00 E. H. Parker...... 50.00
J. W. Brittan 50.00 H. Gerstung ...... 50.00
Janes & Lake 50.00 S. D. Farwell . . . . 50.00
Fonda & Gray...... 25.00 Verplanck & McMul-
Rountree Bros...... 25.00 lin....... 40.00
Fordham & Jennings 25.00 C. K. Smith. . . 50.00
Voisin, Ris & Webster 25 00 Neuhaus & Tillmann 25.00
H. Levi Co 25.00 R. B. Swain & Co... 25.00
Marden & Folger. . . 25.00 Breed & Chase...... 25.00
Locke & Montague. 25.00 C. H. Strybing. . . . 25.00
Hunter & Co.. ....... 25.00 W. Langerman & Co. 25.00
B. Eugene Auger... 25.00 Wm. Horn 25.00
R. Hockofler 25.00 Riley & Mullen 25.00
D. McDaniel. 20.00 Wegener & Shoenbar 25.00
Geo. B. Gammons & C. H. Livingston.... 20.00
Co............... 20.00 Stephen Smith .. 20.00
Cameron, Whittier & Shattuck & Hendley 20.00
Co 20.00 Nathaniel Page ..... 20.00
J. O. Eldridge 20.00 Amos Phinney & Co. 20.00
J. C. Horan & Co.... 20.00 Kruse & Euler 20.00
Alfred H. Cohen... . 20.00 F. Saulnier & Co... ..10.00
D. R. Provost .. 20,00 W. H.Stowell....... 10.00
J. Frank & Co....... 20.00 A. J. Coghill 10.00
A. L. Edwards & Co. 10.00 Elam & Howes..... 10.00
Cash..... 10.00 J. L. Taggard & Co. 10.00
Emil Grisar........ 10.00 J. Barbier 5.00
J. D. Callahan...... 5.00 A. M. Ebbets 5.00
John Winter........ 3.00 John Carroll 2.60
--------- ---------
$6,073.00 Total $10,395.60
In addition to those mentioned in our report for December, we acknowledge
our indebtedness to the following parties for sundry articles.
Kelly, Byrne & Co., San Francisco, dry goods.
Polack Bros., San Francisco, clothing.
Heller & Morganthan, San Francisco, clothing.
Ladies of San Francisco, per Austin Schmidt, 50 packages and trunk clothing.
Uhfelder & Kahn, San Francisco, clothing.
J. Scriber & Co., San Francisco, bedding.
Kelly, Mott & Co., Sacramento, tinware, etc.
Messrs. Mellvlle, Sprague & Hoyt, Sacramento, milk.
Wm. Parker, Sacramento, sausage meat.
With the above, closes our report of transactions for December, and up
to January 6th, 1862, when the Society was again operating in its
customary manner, the families and destitute it had cared for all
provided and settled in comfortable homes.
Report for January, 1862.
The flood of Friday, January 10th, was anticipated, and provision
made for the care of city suferers [sic] by opening the Pavilion on Friday,
at 7 o'clock, A. M. Boats were sent in every direction throughout the
city to rescue those in peril, and at 3 P. M. dinner was served to 350.
At night there were in the Hall 550 persons, and on Saturday four
additional Stations were established, and arranged with a view to comfort
and economy. Saturday night was one of severe trial, as the inundation
was then known to have extended in every direction. Hundreds had fled
to the first two story house at hand, and were without cooked food,
clothing, bedding, or means of procuring either. Adequate relief from
the stores on hand was impracticable, and when at 12 o'clock, P. M.,
the steamer Nevada arrived with intelligence that the steamer Cornelia
would soon reach the dock with additional supplies of cooked and other
food, and clothing, we were impressed with deep gratitude to Him who
had inspired the entire population of San Francisco with the noble and
prompt spirit to forward so bountiful and appropriate a supply. The
contents of the packages showed that families had taken their ready
cooked meats from the table, clothing from their wardrobes, and stores
from their larders; all of which were speedily distributed to families
in and out of the city.
On Sunday and Monday three additional Stations were established at
remote points below the city, and for two weeks four were continued;
two were closed in three weeks, and the last one at the Fort will be
closed on Saturday the 8th instant, at which time it is hoped the
Pavilion may be again closed, and this time finally for such a purpose.
Upwards of 1500 persons were dally fed and provided for ten days, and
the number at this date remaining upon our hands is 212.
The dispensations for the last month will exceed 3000, and the number
of persons relieved will exceed 10,000!
Our operations have extended from Fremont to Rio Vista, and from the
Coast Range on the West to the foot hills on the East.
In this department of our labors we acknowledge the eminent services
of volunteer boatmen from San Francisco, who with cheerfulness and
alacrity have undertaken and discharged laborious duties to our
entire satisfaction. Had we the names of all, it would afford us
pleasure to make mention of them--those so far as given us, have
been already mentioned in the daily papers.
The United States Revenue Cutter "Shubric," Capt. Pease, made two
trips up the river, rescuing a large number of persons from danger.
Captain James S. Lawson, of the U. S. brig Fauntleroy, generously
loaned a whale-boat and fixtures, which has enabled us to relieve
a large number of sufferers inland.
The California Steam Navigation Company, through their President,
R. M. Jessup, Esq., tendered any and all of their boats to the Society
on Sunday, the 12th, to convey sufferers up or down the river.
The number that availed themselves of this most liberal offer, as
well as the large number rescued by the humane efforts of the officers
of the various steamers, who stopped at every place on the river where
a house was to be found, entitle them to the lasting gratitude of the
people of the entire valley. The amount in passage money thus donated
we estimate at $10,000. We further acknowledge their kindness in
furnishing the steamer Sam Soule to the Society for rescue of families,
without further expense than cost of the wood. All the freight shipped
to the Society has been delivered without any expense.
The proprietors of the steamers Nevada and Sacramento have likewise
delivered all freight free of expense.
Our hearty thanks are also due and given to Mrs. Lawson, at Sutter's
Fort, who has had charge of that station, and by her excellent
management and care not only relieved the large number under her
protection, but economized and saved our property from waste.
The Central Relief Committee of San Francisco, H. P. Teschemacher,
Esq., Chairman, are entitled to our warmest thanks, for their arduous
and untiring efforts to render us assistance since the flood of
December 9th. All of our orders and requests for aid have been promptly
and fully met, and their labors in San Francisco for relief of those
who fled from this city and valley will never be forgotten by the
recipients of their bounty. We have, since January 6th, received from
this Committee provisions, clothing and bedding, to the amount of
$3,000, and cash $2,000, as will be seen by the Treasurer's report.
By the steamers Nevada and Cornelia we received 94 boxes, barrels
and packages of cooked meats, 29 packages of clothing, 91 sacks of
coal, and 248 boxes, barrels and packages of breadstuff and provision
of all kinds, in all 462, contributed or collected by South Park Market,
Deeth & Starr, J. L. Sanford, Mr. Williams, A. P. Bessey, Swain & Brown,
Mr .Shelland, C. D. Elliott, Mr. Brockwood, from Howard street, between
Third and Fourth, Mr. Simpton, J. J. Haley, C. J. Halley & Co.,
Crane and Allen, Third Ward Committee; Dodge and Austin,
Fifth and Sixth Ward Committee; Masten and Smiley, Second Ward Committee;
Nash and Taylor, Pacific Bakery, Fourth Ward Committee;
J. M. McDonald & Co., International Hotel; C. J. Dempster,
Hildebrand & Shultz, Wheeler & Martin, Platt's Hall Committee, Pierce & Co.,
Marks & Gove, Mr. Fell, C. A. Hunt, W. K. Brown, personally and for
Committee; American Exchange, Ninth District Committee, Butler and Chenery,
Committee; William M. Blossom, O. B. Crary, R. G. Sneath and Hayton, Tenth
District Committee, Mr. Sather, Zum, Cerf & Stein, and James Donahue.
Since which we have received from
J. T. Pennell, San Francisco, provisions.
Cutting & Co., San Francisco, pickles and vinegar.
Pollack & Brothers, San Francisco, clothing.
Ladles' Relief Committee, Petaluma, 1,000 pounds of flour, 8 packages
of provisions, and 8 cases of clothing [?].
Unknown person, Benicia, sack of clothing.
Pupils of Miss Atkins Seminary, Benicia, women and children's garments,
made by themselves.
R. J. Walsh, Colusa, fresh beef and mutton.
This spontaneous and truly Californian response to the wants of the
sufferers of this valley imposed most onerous labor upon the Society,
which has been performed with cheerful zeal, and none have been refused
aid unless we had undoubted proof of their ability to provide for
themselves. For fifty-eight days, with the short interval of two days,
the energies and resources of the Society have been taxed to the utmost
to reach all cases that might exist, far or near, of want or distress.
Our success is a matter of gratulation; and the people who, from all
sections of the State have sent us donations of money and food, are
assured that they have been applied with impartiality, a strict regard
to justice and the demands of humanity. It is proper to state that
neither officer nor member can receive compensation for labors performed
under any circumstances.
We have buried twelve persons since the flood of December 9th.
The smallpox has been in our midst, having had twenty-four cases in all,
of which number four died, one is still in a confluent state, and all
the others now indoor care convalescing. By great effort the spread of
this disease has been effectually checked, and at an expense altogether
of $950.
We have been made the almoner of all the public contributions sent to
the city with the exception of the donations from the Catholics of San
Francisco, which was sent for disbursement to the Pastor of St. Rose
Catholic Church.
The stage proprietors, Sacramento Valley Railroad, Telegraph and Express
Companies, and the medical fraternity have all rendered us gratuitous
services.
Our estimate for the closing up of all cases dependent upon us, to
March 1st, is $6,000, of which we have $1,500 on hand.
Large numbers of farmers and persons living at a distance have been
aided, and will hereafter need temporary help, and at least one-half
we have received the past month has been expended upon those living
outside the city limits.
Should no other floods visit us, our poor can be sustained by the regular
income of the Society after March 1st.
The Society has been regularly incorporated under the State Law, and
will ever be ready to aid in furtherance of charitable objects.
It aims only to aid the destitute and sick poor within the city limits,
but will always in time of general calamity, extend its benevolent
designs wherever its means and ability will permit.
We are aware of the feebleness of language to express the thanks that
are due to the persons who have directly and indirectly strengthened
our hands and filled our purse and store, and as agents selected to
disburse the abundance of others, we, in behalf of all the sufferers
befriended, invoke the choicest blessings of Heaven upon each and all
the donors.
The following is the Treasurer's report:
Balance on hand January 6, 1862 ........... $8,810.62
Received from P. L. Weaver, San
Francisco ..... .. ......... . $100.00
Cutting & Co., San Francisco. 25.00
R. Cooper, San Francisco .......... 5.00
L. L. Robinson, San Francisco ...... 100.00
Miss C. A. Larkin, San Francisco .. 25.00
Ed. A. Morse & Co., San Francisco . . 25.00
San Francisco Delegation, steamer
Nevada, San Francisco. .. ... .... 33.50
Lady visitor from San Francisco . .. . 50 00
San Francisco Gas Co.............. 1,000.00
Central Relief Co., San Francisco .. . 2,000.00
S. P. Dewey & Son, San Francisco. . . 200.00
Mr. Green, San Francisco........... 10.00
Ira P. Rankin, "soldiers' fund," San
Francisco .... ............ 300.00
H. Woodleaf, San Francisco.. 20.00
Heavy Dew, San Francisco ....... 10.00
Mrs. S. S. Bryant, San Francisco.... 20.00
---------- 8,928.50
Grace Church, by W. H. Hill, Sacra-
mento ..... 60.00
James W. Brown, Sacramento 5.00
W. C. Felch, Odd Fellows' contribu-
tion for Mr. Gemmill, Sacramento. 15.00
Lieut. Hale, Co. F, 4th Regt. C. V.,
Sacramento .. ......... 5.00
J. M. Ball, Co. F, 4th Regt. C. V.,
Sacramento ......... 5.00
T. S. Naylor, Sacramento ........... 6.50
J. F. H. Forbes, Sacramento 25.00
Mrs. Daly, Sacramento... 1.00
Captain Littleton, Sacramento . ... 5.00
Miss R. E. Doyle, Sacramento ....... 5.00
H. Greenbaum, Sacramento......... 10.00
Captain Foster, Sacramento 50.00
B. Morgan, Sacramento..... ....... . 10.00
Unknown parties, Sacramento 7 50
---------- 210 00
A. G. Richardson, Initiation fee 5.00
Miss Mary Atkins, Benicia ..... 20.00
Citizens of Stockton, per B. W. Owens, bal-
ance of relief fund.. ................... 288.20
Clay Lodge 101, F. & A. M., Dutch Flat 100.00
Citizens' Committee, Dutch Flat 786.50
Citizens' Committee, Dutch Flat 46.00
Citizens' Committee, Dutch Flat 17.50
Attaches Navy Yard, Mare Island 475.00
Passengers per steamer Nevada........ .... 17.25
Sundry persons, Mountain View, Santa Clara. 100.00
Hon. William Watt, Nevada . . . 50.00
Ladies' Relief Committee, Petaluma. ...... 487.00
Sacramento Rangers, C. V., Benicia 260.00
Citizens of Grass Valley......... . . 2,305.00
Mountain Forest Lodge, F. A. M., per U. S.
Beck, Eureka, Sierra county........ 100.00
R. J. Walsh, Colusa......... . ... 20.00
Company K, 3d Infantry, C. V., Benicia.. . . 140.00
Polar Star Lodge, I. O. O. F., Indian Dig-
gings 50.00
John Leavitt and others, Virginia City, Ne-
vada Territory.......... .......... 150.00
----------
Total [foots to $14,555.95, can't find the diff.] $13,311.47
EXPENDITURES
For provisions ............... $3,119.30
For clothing 1,012.37
For furniture, mattresses and blan-
kets. ........................... 954.60
For dry goods 775.11
For boots and shoes ........... 636.50
For hardware and stores...... .... 216.58
For boats, boatmen and steamer... 1,946.50
For donations to persons leaving
the city, and board.. ..... ...... 732.05
For rents...... ....... ...... 393.00
For smallpox nurses and expenses. 413.50
For medicines 182.41
For salaries of stewards and depu-
ties. 210.00
For wood, hauling, etc....... 358.15
For nurses..... 179.88
For cooks. 144.50
For labor, cleaning houses, etc. ... 386.60
For advertising, milk, meal, etc.... 94.03
---------- 11,755 08
----------
Balance February 4, 1862 $1,556.39
RECAPITULATION.
Received since December 9,1861,
from San Francisco, in cash . . . $24,513.40
In merchandise, etc 15,000.00
---------- 39,513 40
Received from all other sources in
cash..... 8,307 40
In merchandise, etc. ............. 3,000 00
---------- 11,307.40
----------
Total $50,820.80
In the above is included only that received by the Society at Sacramento,
from all sources.
The amount disbursed by the Central Relief Committee at Platt'a Hall,
and otherwise in San Francisco, we have no means of estimating.
On behalf of the Society.
GEORGE W. MOWE, President.
R. T. Brown, Secretary.
Sacramento, February 4, 1862. . . .
p. 3
NOT A BAD SHOW FOR GRAIN.--The San Joaquin Republican has the
following statement, which is at once curious and gratifying:
We learn from Hamilton, of the Sonora road, that there is not so bad a
show for farmers as many wonld suppose. He has carefully examined his
grain, which was put into the ground before the floods, and found it
not injured in the slightest degree, but on the contrary, doing well.
The current passed over his place at a furious rate, the water having
been from one to three feet deep at times. He lost three miles of fence.
The grain of his neighbors is in equally good condition. There is no doubt
that there is plenty of time for those to put grain in the ground who have
had theirs injured, and that good crops can be realized. . . .
THE OVERLAND MAIL.--The Postmaster of San Francisco has received the
following dispatches: . . .
CARSON CITY, February 7--4:15 P. M.
S. H. PARKER, Postmaster: Mails arrive and depart regularly between here
and Salt Lake, and running regularly for the last ten days. No mails
detained here. Mails that were detained at Sand Springs have all been
brought forward and sent over the mountains. The Overland road has been
changed so as to avoid the mud at Sink of Carson. Cook, the Treasurer of
the Overland Mail Company is out on the road. VANDERBERGH. Agent O T. Co. . . .
p. 4
NEWS OF THE MORNING.
. . .
The Sacramento river stands at nineteen feet, three inches above low
water mark. The American runs over the bank at Rebel's tannery very
slightly, and the effect is a considerable decline in the hight of
the water in the lowar section of the city.
It is expected that the steamer Gem, which lies high and dry between
the Agricultural grounds and Rabel's tannery, will be moved this
afternoon towards the American river.
Owing to the San Francisco wires being out of order, during the
latter part of last evening, we are without our usual dispatch. . . .
LEGISLATIVE PROCEEDINGS OF SATURDAY,
In the Senate, on Saturday, . . . .
A bill was passed authorizing Adam Denzler to construct a bridge across
the Mokelume river at Middle Bar. . . . A message was received from the
Governor announcing his approval of the bill to authorize the construction
of a bridge across the American river at Folsom. . . .
In the Assembly, on Saturday, the Speaker announced the following
Committees: . . . Select Committee in relation to communication between
San Francisco and the State Capital, Irwin, Dennis, Campbell, Sargent
and Tilton of San Francisco, . . . The bill concerning fences was made
the special order for Thursday next, at one o'clock, and ordered
printed. . . . The Senate concurrent resolution calling for information
in regard to the condition of the new State Capitol, the amount of money
advanced by the State thereon, etc., was referred to the Committee on
Public Buildings. . . . The House adjourned at ten minutes before two
o'clock.
The Marysville Appeal is generally a fair, truthful and
courteous paper, but the adjournment to San Francisco seems to have
caused it to forfeit a portion of its character. In speaking of this
paper and its course its language is almost vituperative--it is certainly
not courteous--and its statements are not of the most exact order. For
instance, it says:
We should be sorry to believe that a majority of the people
of Sacramento share in the malignant and bitter feeling manifested by
the UNION, in its personal abuse and selfish persecution of those members
of the Legislature who were for an adjournment.
We have never manifested bitter nor malignant feeling about the adjournment,
because we have felt none. The act we have condemned as detrimental to the
interest of the State, and we have pointed to the debate as being barren
of all reasons in justification of it--except the personal comfort and
convenience of members. This was not personal abuse of members--except
so far as publishing truth is personal. But here is a statement which
is untrue. The Water Works were in operation during the high water as
usual, and in all the hotels they had an abundance of hydrant water.
Here is the statement to which we refer:
Those who remained in the drowned city were forced to live in damp and
crowded hotels whose lower stories were under water, and were forced to
sustain life on unwholesome diet, the only drinking water being dipped
from the streets, the washings from stables and privies.
THE LEGISLATIVE REMOVAL.--Some of the papers rather childishly allege
that the Legislature removed to San Francisco because the SACRAMENTO
UNION ridiculed some of the friends of removal. Such an excuse is or
should be insulting to the members. It is presnmed, though it may be
a violent presumption, that they are men of intelligence, principle and
firmness. If the plea of their apologists be correct it proves them to
be weak, petulant, egotistical and childish--easily offended, indifferent
to the interests of the State, and unfitted for legislative duties.
Because they were ridiculed by the UNION is no justification for their
precipitate removal from Sacramento. Better offer no excuse than one
so weak and insufferably stupid.--Mountain Democrat.
We commend the above and the following, from the same paper, to the
Marysville Appeal and other Republican journals, which appear
to be rather out of temper about these times:
It was a piece of reckless extravagance to remove the Legislature to San
Francisco, and the Bee justly holds the Republican party
responsible for it, and so will the people. Of fifty-eight votes given
for removal, thirty-two were cast by Republicans ; and of forty given
against the measure, but thirteen were cast by members of that party.
If Governor Stanford had advised against it, it would have been defeated.
The Speaker, by his unparliamentary and arbitrary rulings, gave every
advantage to the friends of removal, and clearly indicated that it was
a party measure. . . .
NOT PUBLISHED.--The Nevada Transcript, referring to its editor
being in Sacramento at the time of a late flood, says he met writers
for the UNION while in that city. Very likely; we have several. The
trouble is, that they did not think the arrival of the editor of the
Transcript important enough to mention the fact, either publicly or
in the editorial room.
RAIN THIS YEAR.--Thomas Tennent [Benicia? San Francisco?] furnishes
the Bulletin the following statistical information regarding
the quantity of rain which has fallen during the present season:
Rain up to January 31st 38.02
Rain up to February 3d .79
------
Total 38.81
. . .
COTTON, TOBACCO, SUGAR.
. . .There is another point from which legislation may encourage
agricultural productions. It is to secure, as far as practicable, the
protection of farmers on our river bottoms from the destructive effects
of such floods as have overwhelmed them this Winter. The alluvial lands
in the valleys are those which can alone be relied upon for the extensive
production of cotton, tobacco and sugar, in the future, and those lands
cannot be depended upon for cultivation unless the rivers of the State
can be confined within their channels by means of embankments. To build
those embankments or levees, will require a large sum of money which
can only be obtained from the Swamp and Overflowed Land Fund, as now
provided by law. The greatest protection, therefore, which the
Legislature can extend to the farming interest of the State, is to hold
the Swamp and Overflowed Land Fund as sacredly devoted to the reclamation
of that land by the Act passed by the last session of the Legislature.
That Act provided a system for the reclamation of the swamp and overflowed
land of the State, in exact accordance with the provisions and intention
of the law of Congress under which the donation was received.
[For the Union.]
A QUESTION OF VERACITY.
MARYSVILLE, Feb. 8, 1862.
MESSRS. EDITORS: The Appeal of this morning having questioned
the truth of a statement made by me through the columns of the UNION, it
is due to you as well as to myself to verify what I stated. In my last
letter to you I informed you of De Long's proposition to build a State
House upon a public park in this city. Not considering the site proposed
as any improvement upon Sacramento, I stated that "this land was twice
flooded during the Winter." To this the Appeal (continually
exercised for fear the UNION will say something harsh about somebody)
replies that my statement is "simply false." This is so much at variance
with the Appeal's usual manner of disposing of matters that I
am at a loss to conceive why the editor allowed a paragraph like the
one mentioned to go into his paper.
I now reiterate my statement. I know that it is true, because I
saw the water two feet deep on the land. If this should not
convince the editor, I refer him to Mr. Cass, the gardener of Cortes
Square, who lives in a building situated where the proposed State House
is to be. From a conversation with him to-day, I am quite certain he will
verify my statement.
I will not imitate the peculiarly courteous style of the Appeal editor,
and say that he lies, but I insist that he is seriously mistaken. The
heading of the article I am correcting was very proper. The word "Silly"
was a correct index. PUBLICOLA..
LATE FROM TULARE AND MARIPOSA.--An expressman from Mariposa furnishes
the Stockton Independent with the following intelligence:
. . . .The roads between this place and the mountains have been
rendered almost impassable by the late snows. Land slides are complained
of everywhere in the districts east of the low foot-hills. At Visalia
some eighty houses and buildings of all sorts hare been destroyed by
the flood. In the grazing and farming regions of Tulare county
grest [sic] losses have been sustained. Nearly all the fencing has
been swept away, and it is reported that the stock has almost wholly
perished. The whole country at the head of the San Joaquin has been
covered with water. Many farm houses, stables and storehouses have
been swept away, and when the full details of disaster reach us. it
may be expected that Tulare will be found to have suffered more in
proportion to her wealth and population than any county in the State. . . .
p. 5
CITY INTELLIGENCE.
. . . .
CORONER'S INQUEST.--Coroner Reeves held an inquest, yesterday, in
American Township, on the body of an unknown Chinaman, found afloat
near Norris' Bridge, on Saturday afternoon. S. Baley, George Warren
James, ----- Muldrow, A. J. Kimby, W. H. Armstrong and T. Rose served
upon the jury. Ira L. Beamis and J. H. Witherspoon were examined as
witnesses. The body had been found by Beamis, and appeared to have been
in the water over a month. The deceased had on a belt containing three
dollars in coin and about twenty in gold dust. The name, age and cause
of death of deceased were unknown. The jury rendered a verdict according
to the facts.
CANARIES IN DANGER.--A day or two ago a fine canary belonging to
Mrs. Siddons, near Front and I streets, was taken from a cage by a
hawk. Some four other canaries have been lost in the same manner in
the same neighborhood. Cages have been left exposed out doors, the
hawk makes a dart at his prey, the bird becomes terrified and clings
to the side of the cage, and the hawk by inserting its talons draws
it out betwetn the wires, frequently mangling it in the operation.
The scarcity of small birds on account of the flood doubtless makes
these birds of prey more daring aud desperate than usual. . . .
RECREATION.--While many of our residents of both sexes and all ages
were engaged yesterday in boating in and below the city, many others
enjoyed the afternoon by a promenade upon the levees. The crevasse
below R street and the site of the repairs on the railroad were visited
by large numbers, while the northern levee, as far out as Twentieth
street, presented an animated appearance. In the exercise of boating
considerable difficulty is experienced, on account of the decrease of
water and the numerous bars below the railroad. The day was pleasant,
and it was by many pleasantly occupied.
THE AMERICAN.--The water is now so low in the American river that it
has almost ceased to run from the river into the city through the
crevasse at Rabel's tannery. If it were not for the openings in the
levees on the Sacramento below R street the city would very soon be
dry again. We shall unfortunately be annoyed with back water from that
source so long as the Sacramento keeps up. . . .
THE SACRAMENTO.--The water in the Sacramento last evening stood at
nineteen feet three inches above low water mark. . . .
CATTLE IN SUISUN BAY.--A person writing from Grizzly Island, Suisun Bay,
says:
I was out on the island recently, traveled most all day, and, to my
surprise, I never saw one dead animal on our place. I crossed and went
on to Hooper's ranch, on the Montezuma; the cattle are dying very fast
there. I would not put our cattle on the hills, if anybody would take
them off and put them back for nothing. I was over about one thousand
acres of dry land on the back of the island; the cattle can lie on dry
ground, in good shelter, and look first rate. I would hardly believe
we could produce fat cattle now, but if I did not see some amongst our
yesterday, I am no judge. Some of our cows are fat; I am surprised to
see them looking so well. There is plenty of feed for them, and that is
more than you can say of the hills. The cattle are dying there every day
for want of feed. . . .
FOR THE RAILROAD.--The sloop America and schooner Harriet K arrived on
Saturday morning from San Francisco in tow of the steamer Goodman
Castle. They bring to the railroad company a pile driver and a large
number of piles to be used in repairing the road. The pile driver has
not yet been brought into service, but will be as soon as practicable.
THE GEM.--The work on the steamer Gem is so far advanced that it is
expected she will make a forward movement this afternoon. She will not
be raised and launched, as at first reported, but will be moved
horizontally to the river by means of Fell's apparatus. . . . .
THE FLOOD IN SANTA CRUZ.--The Sentinel of January 30th has a general
article on the damages done by the flood in its county, from which we
extract the following:
The river San Lorenzo reached its highest point on the morning of the
11th, the current being very rapid and pressing heavily against its
western bank. During the two weeks which followed, the great quantity
of rain which fell kept the river well up, and fears were entertained
that the town would sustain material damage, owing to a new channel being
formed, bearing close against the east side of Main street A ditch was
cut through a narrow neck of land on the opposite side of the river,
and a little above town, around which the river doubled, with a view
to straighten the channel, but the banks fell in on the approach of the
water, rendering the work done of no avail. Efforts were made to dam
the new channel, and thereby turn the water, but owing to the heavy
body of water coming down, this attempt also proved futile, and now
that the water is low the river opposite here runs several hundred
feet nearer town than it did previous to the freshet. As a consequence
of this change, much property has been destroyed which would have
otherwise been safe. The current undermined a lot of land belonging
to J. B. Arcan, carrying away the house formerly occupied by
O. K. Stampley. Mrs Cathcart lost a part of her orchard. A portion of
Willow street leading to the beach is gone. Cooper & Co. lost some
fencing, W. C. Greenleaf two barns, J. Robertson's wagon shop is much
injured, J. Q. Russell and Wm. Davis sustained some damage, R. E. Vestal's
buildings are much injured, A. M. Peterson lost a barn, and his remaining
property damaged, the buildings of John Daubenbiss. Harry Hovey,
Peter Wilkinson and Antonio Morceal were more or less damaged. Patterson
and Winterhalder lost their slaughter house and some other out buildings,
Samuel Drennan lost a barn and some fencing, the rear end of Wm. Moore's
livery stable was considerably injured, Wm Elliott lost some hogs and was
otherwise loser, Elihu Anthony sustained considerable damage, the house
occupied by J. G. Bobbitt was carried away, and much other damage
sustained in the immediate vicinity of the town which we cannot at
present call to mind. On the river above town damage to a large amount
was done. Duncan & Warren's tannery is a total loss, and cannot be set
down at a less figure than $20,000. The paper mill, in the loss of dam,
flume and outbuildings, and the material injury to the mill and machinery,
will be $10,000 or 15,000. Graham's, Hicks', Love's and Bryant's saw
mills were all swept off, as well as every dam on the river. Miller's
saw mill was damaged. McPherson's saw mill and dam were injured to a
considerable extent. Some idea of the aggregate loss can be imagined
from the above list.
At Pescadero the river overflowed its banks and flooded the whole of
the bottom lands. About fifteen hundred sacks of potatoes were washed
off, aside from which no material damage was done. Dr. Goodspeed,
who came down from that place last week reports the bridges on the
road leading to Santa Crux all gone, and the roads in a very bad
condition. The Soquel creek not to be behind hand, has done much
damage to the town. The lots and buildings belonging to
J. F. J. Bennett and Mr. Eldridge have disappeared; so also has the
Town Hall and other buildings. All the dams on the creek were washed
out, but the mills are safe. The bridge over the Aptos creek, on the
road leading to Watsonville, was carried away by the drifts of
floodwood. On the Corralitos the saw mills belonging to Eagar & Co.,
May & Co., Brown & Sanborn, and Pruett Sinclair were almost entirely
destroyed. The flume of Hame's grist mill was carried away. In Pajaro
less damage was done than was at first reported. The bulk of the damage
done in that vicinity was in the washing away of fences, from the
overflow of the low lands. Judge Peckham and a few others lost a few
acres of valuable soil. We learn that the Salinas plains are all
inundated, and that a large amount of stock were drowned, but we
have nothing reliable from that quarter . . .
SYMPATHETIC IMITATION.--If we understand the UNION's reasoning, in
relation to the Legislature going away from Sacramento, this conclusion
is arrived at: "If a man finds his neighbor sticking knee deep in the
mud, it is the moral duty of the discoverer to immediately look for a
corresponding mud hole, and jump into it, over his
boots.--Placerville News.
It may be. Nevertheless, we should remember that Sacramento has had
her feelings sorely tried, and did not find sympathy where they had
the most reason to expect it. The impudence and gross ingratitude of
the Yuba delegation in voting against Sacramento because it was a mud
hole, was quite sufficient to upset the philosophy of any city or paper.
They put on airs, and voted with the higher class who represent land
instead of mud and water. --Butte Record. . . .
[For the Unlon.]
AN INSIDE LEVEE ARGUMENT.
MESSRS. EDITORS: I presume no apology is necessary for desiring to occupy
a small space in speaking of the condition of our city, and the steps
proper first to be taken. All of our citizens bear evidence to the
prosperity, in an unusual degree, of Sacramento for the year just past,
dovrn to the memorable and disastrous flood of November [sic] 9th. More
buildings had been erected than in any other year since 1855. Not a half
dozen vacant dwelling houses could be found within our whole limits.
Property was steadily increasing in value, the upward tendency having
been evident for several years previous. Upon the average, property,
whether stores or dwellings, paid to the owner a larger per centage upon
the market value than similar property did in our larger sister city.
Now why should any one feel disheartened at the future prospects of
our city? Has the population of our State decreased? Have the mines
which underlie the prosperity of our whole people become suddenly
exhausted? On the contrary, have not the discoveries in Washoe and
Esmeralda given new employment to thousands of busy miners, whose
very bread, as well as every implement and wheel, must be furnished
from this side the mountains, and in good part, especially the machinery
and breadstuffs, from Sacramento--to say nothing of all the wagons and
draft animals and general teaming outfit.
The State has been flooded. Nearly every community has suffered.
The great Sacramento valley has been made an ocean of swift running
waters. We have not escaped. Three times has the liquid element buried
our thoroughfares. Perhaps for twelve days during the Winter our main
streets have been inundated. Is this any reason for discouragement?
Why, in seven years we have not put seven cartloads of dirt upon all
the levees about the city. We have worn them down and cut them open,
and left them down and open, and even choked up a passage for water
that should have been left quite unobstructed. If these great floods
have taught us anything, it is that, unless California can afford to
throw away and abandon as uninhabitable this great valley of the
Sacramento, there must be some central rallying place, some place of
refuge, where in time of like diaster [sic] all may flee for safety
and protection. Why, but for Sacramento, how many lives do you suppese
would have been swallowed up by the insatiate floods this very Winter?
Hundreds, if not thousands, owe their lives this minute to the refuge
they could only find in our struggling but gallant city; and to the
strong arms and brave hearts of her unselfish people will the tribute
of gratitude be ever extended by untold numbers who were rescued from
certain death by flood or famine by their timely aid.
I say if there can be such dreadful inundations in this valley, there
exists, more than ever, a necessity for one place that shall be
entirely fortified against the floods. That we can do it, do it readily,
do it thoroughly, do it securely, do it for all time almost, no one
doubts. Then how? Here, of course, begins a diversity of opinion. The
first man says, build your levee long, strong and high--go from
Patterson's to Sutterville at least. Let us look at this before we
go farther. If orders came from Washington to General Wright, the
military commander of this Department, to protect Sacramento by
earthworks against an enemy that might approach from any direction,
in other words, wall in the town with such material as the soil readily
afforded, what do you think he would do? Would he look at the chart
of Sacramento to see where were its paper limits? Would he begin one
end of his defenses at Brighton, the other at Sutterville ? On the
contrary, would not common sense dictate that he lay out his line
around the real city, not the farm land and pasture lots adjacent.
He would see that a short line could be more quickly built, consequently
cheaper. Because it was shorter, it would also be more easily defended
in time of danger. For the same reason the annual repairs would be
less. When the treasury was low, and an attack might reasonably be
expected with the first storms of the next Winter, after which no
work on the line, however much needed, could be done, would not the
reasons thicken for adopting a plan which could be accomplished within
a limited time, and for a sum obtainable under such circumstances?
If we had time and money to build it this year, both of which we have
not, the long line of levee would be comparatively secure. The short
line which we can pay for, and build within a single Summer, would
be absolutely secure so far as human efforts can be relied upon.
For example, take the I street levee as a pattern, and say begin your
work at its intersection with Front--raise it perhaps five feet; follow
it in its turn up Sixth to H, thence to Seventh, thence north to the
firm high land near Willow Lake, not far from or on D street, but not
approaching near enough to endanger the structure by washing of the water
thence easterly on the best ground to such cross street as will include
the new Capitol with one or two blocks to spare, thence to R; thence
to Front and place of beginning. Suppose a levee upon that route
eighty feet wide at base, 40 feet wide at top, to be ever open as a
carriage way, beaten and packed down: the elevation everywhere to be
at least five feet above the high water of this Winter. No man living
will say that such a levee wonld be insecure. Ah, but you say that
defends the city--that it don't defend the country nor even all the
suburbs. Very true; my idea of the matter is, that the city has the
first claim upon us. After the State, county and seven millions of
private property are made secure, if the territory beyond can't be
protected by the property interested, then we will come to your rescue
to any amount deemed reasonable within our means. But until the city
is really and truly defended by the best means at our command, I will
prophesy that capital and population come no more to us. The best word
in our language is "confidence," and unless by our acts we can inspire
that at home and abroad, it is in vain that we toil and try to build
a city, however much the demands of commerce appear to require it.
The Commissioners of Swamp and Overflowed Lands have kindly offered to
take us under their wing, tax us and let us go. Therefor, they propose
to build or repair a levee upon two sides, or along our exposure to the
two rivers; the money not thus expended, of course, to be applied
elsewhere. In other words, the money to be raised in the city, as
compared with that raised outside, is as seven to one; and to be
expended for the direct and real benefit of the city, as one to seven!
True, these Commissioners, having leveed District No. 1, which coming
up the Sacramento terminates at Sutterville. find they will have the
magnificent sum of five thousand dollars to spare, which they freely
throw in as a sort of an inducement for us to consent to a direct tax
to raise sufficient money to build a levee from Sutterville to Patterson's.
This, they tall us, is "Swamp Land District No. 2." In their extreme
modesty they have even drafted a bill designed to become a law to "take
us in" nolens volens. I have only further to say upon this
subject, if we raise money by taxation for any such purpose, it would
be only fair that it should be disbursed by our own authorities.
If it is urged that the style of levee herein indicated is
unnecessarily heavy and massive, I reply that it ought to be not
only secure but "beyond suspicion." Steam cars could bring the earth
from the ridge or that vicinity--plenty of parties stand ready to
donate blocks or ten acre tracts for excavation.
You may divide the business world into two sorts of men--one ready
and confident, willing to take things upon half proof and go ahead;
the other more slow and careful, timid even in financial matters, and
not taking any unnecesary risks. For our purpose it unfortunately
happens that the latter class have the most means as a general thing.
Whether the difference is constitutional or only the result of
experience matters not. Now, for this class of people who have the
money to invest, we wish to make our city seem to them and really
be as secure a place in which to own a block or a homestead as any
city or town in the United States.
I have freely but hurriedly expressed my views upon one or two
important points as they come up in our history. The majority may
disagree with me. They are certainly the views of ONE MAN.
p. 8
[CONCLUDED FROM FIRST PAGE.]
. . . .BILLS INTRODUCED. . . .
Mr. Saul introduced an Act for the better protectton of farmers, and
for regulating the herding of stock, which was read twice by title and
referred to the Committee on Agriculture, with instructions to report
as early as possible. . . .
Accordingly, at ten minutes past three o'clock, the House adjourned. . . .
ASSEMBLY.
SAN FRANCISCO, Feb. 8, 1862.
The SPEAKER called the House to order at 11 o'clock, . . .
REPORTS. . . .
Mr. MOORE, from the Committee on Agriculture, reported back, with
amendments, Assembly Bill No. 58--An Act for the better protection of
farms, and for regulating the herding of stock. The following is a copy
of the bill:
Section 1. Owners of cattle, horses, mules, sheep, goats and hogs are
required to keep the same under fence or under the charge of a herder
or herders.
Sec. 2. Stock of the above description found trespassing on the lands
of others, whether inclosed or not, may be taken up, and beirg placed
in a safe inclosure shall be held liable to a fine on each head of
such stock, at the discretion of the Court before which the case may
be tried, and for damages and costs of feeding and caring the same.
Sec. 3. All persons taking up stock of the above description for
trespass shall immediately thereafter post notices in three public
places in the township in which such persons reside, containing a
description of brands, ear. and other marks, whereby owners may identify
them as their property.
Sec. 4. If the owner, owners or agents of such stock come forward
within five days after the time such notices were posted, and prove
them to be their property, the persons taking them up shall deliver
them to such owners or agents upon their paying all costs, charges,
and damages sustained by reason of their trespassing.
Sec. 5. If, however, the owner or owners, or agents, do not come forward
within five days, then the persons taking up such stock shall immeditely
notify the nearest Justice of the Peace for the township wherein the
trespass has been committed, and said Justice of the Peace, after having
had the same posted in three public places in the township for the space
of five days, shall then proceed in legal form, and cause the said stock
to be sold at public auction; provided, however, that the owner or owners,
or agents, may at any time before such sale takes place prove their
propert[y and?] receive the same by paying all fines, costs, charges,
and damages.
Sec. 6. If the parties cannot agree on the amount of damages and
charges, then each party may choose one disinterested person, and if
they two cannot determine the amount of damages and charges, the
Justice of the Peace shall be the third party to the arbitration,
and the majority shall fix the amount of said damages and charges.
Should the owner, owners or agents of such stock not come forward,
then the person taking up such stock shall select one person, the
Justice of the Peace being the second party, and they two shall
select a third party and they shall form the arbitration, and shall
proceed to determine the amount of damages and charges.
Sec. 7. The arbitrators shall receive a fee of one dollar each, and
the Justice shall receive a fee of one dollar for each notice, and for
all service performed by the Justice under this Act, and for all services
performed by other officers, the same fees as are allowed to civil
officers in similar cases.
Sec. 8. If, after paying all fines, costs, charges and damages, there
should be any surplus money, the Justice of the Peace shall pay the
same to the owner, owners or agents of the stock, provided they
prove they are entitled to it, within ten days after the sale, and
when the money is not claimed then the Justice of the Peace shall pay
the same to the County Treasurer, and if not claimed within one year,
then said moneys shall become a part of the County School fund.
Sec. 9. Any Justice of the Peace refusing or neglecting to pay the owner
or agents of the stock, or to the County Treasurer, as provided in
section 8, shall be liable for the same on his official bond, and shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punished by fine not to exceed two hundred and fifty dollars.
Sec. 10. The provisions of this Act shall not apply to stock being
driven in transit on the public highways, but the owners or drivers
of such stock in transit, shall not be permitted to graze their stock
along the way on the possessions of other parties without their consent,
and for any infraction of this provision they shall be liable for the
trespass and damages, and the parties so injured may recover damages
and costs before any Court having jurisdiction of the same.
Sec. 11. All laws and parts of laws, so far as the same conflict with
the provisions of this Act, are hereby repealed.
Sec. 12. This Act shall take effect and be in force from and after
its passage.
Mr. BENTON said there was great necessity for the immmediate passage of
the bill, as the fences throughout the Sacramento valley had nearly all been
swept away by the late flood, exposing orchards and gardens to the inroads
of the cattle that are left. He was informed, on good authority, that
the people of that valley were desirous that the bill should pass
immediately.
Mr. PORTER said his impression was that the bill virtually abolishes all
the fence laws of the State, making
all animals liable for trespass, whether upon inclosed or uninclosed
lands. A bill of that character, he thought, should receive full
consideration, and he hoped the bill would be printed.
Mr. MEYERS said this was an important subject, and no doubt a law of
the kind ought to be in force in some counties immediately. The State
was generally interested in the subject; and there were conflicting
interests to be consulted. Quite a number, if not a majority of the
counties of the State would not desire such a law to extend to them,
and he thought the bill had better be printed, so they all could examine
it. He was in favor of the speedy passage of the bill.
Mr. AMES said the bill was a very important one, for it not only changed
the fence law in certain counties, but it was a general Act applying
to the whole State.
The bill was ordered printed, and on motion of Mr. O'BRIEN made the
special order for Thursday next at one o'clock. . . .
SENATE MESSAGES. . . .
Senate Concurrent Resolution No. 25, relating to the erection of the
Capitol (calling for certain information) was, on motion of Mr. Reed,
referred to the Committee on Public Buildings.
Senate Bill No. 110, an Act to grant the right to construct a bridge
across the Mokelumne river, at Middle Bar, to Adam Denzler was read
twice and referred to the delegations from Amador and Calaveras, with
instructions to report on Monday, if possible, . . .
THIRD READING OF BILLS.
The House took up business on the general file, and the third reading of
Bills.
Assembly Bill No. 29--An Act to grant the right to construct a bridge
or bridges across the Stanislaus river to the Stanislaus Bridge and
Ferry Company was after brief discussion, referred to the delegations
from Calaveras, Stanislaus, Tuolumne and San Joaquin. . . .
Senate Bill No 95--An Act to amend an Act to authorize the Board of
Supervisors of Sutter county to construct a bridge across Feather
river, and to repeal section 2 of a supplementary Act, were discussed
at some length, Mr. Printy objecting that he apprehended the bill would
interfere with the navigation of Feather river. The bill was finally
referred to the Committee on Commerce and Navigation with instructions
to report on Monday. . . .
. . .at ten minutes before two o'clock P. M. the House adjourned.
WASHOE ITEMS.--The Territorial Enterprise has the annexed:
On Sunday afternoon, January 26th, a company of five started from Dayton
in a boat, for the purpose of reaching the opposite shore. After gaining
the center of the stream, by some means or other, the boat was capsized,
and two men, named Henry and Joe Winters were drowned. The rest of the
party reached the shore in safety. Henry was an Engineer in Sutro & Co.
mill, and Winters was a laborer for Keller & Co. Up to yesterday evening,
the bodies of the unfortunate men had not been recovered. . . . .
Sacramento Daily Union, Volume 22, Number 3392, 11 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION.]
SENATE.
SAN FRANCISCO, February 8, 1862.
The Senate met at 11 o'clock, . . .
By MR. LEWIS.--An Act to grant the right to construct a bridge across
the Mokelumne river at Middle Bar to Adam Denzler and associates. To
the Amador and Calaveras delegation. . . .
A message was received from the Governor, through his Private Secretary,
announcing his approval of Senate Bill No. 46--An Act granting the right
to construct and maintain a bridge across the American river, near Folsom. . . .
Mr. LEWIS, from the Calaveras and Amador delegation, to whom was referred
Senate Bill No. 110, an act to grant the right to construct a bridge
across Mokelumne river at Middle Bar, reported favorably thereon, and
the bill was sent to the general file. . . .
THE NATIONAL WAR TAX.
Senate Bill No. 99, an act to provide for the
payment of the direct tax apportioned to California by an act of
Congress, was taken up, with the following substitute, recommended
from the Committee on Finance:. . .
Mr. OULTON said there was no necessity for passing the bill immediately,
while to his mind there were many objections to it. It had been estimated
by those who were competent that the depreciation of property in the State
from last year would not be less than $40,000,000. Last year it was
$147,000,000, and this year about $100,000,000. . . .
Mr. PERKINS said he had no idea that property in the State had been
reduced $40,000,0000. Everybody knew that property had increased millions
of dollars within the last year. Nearly one half of the entire tax would
be paid by San Francisco. . . .
BILLS PASSED.
The bill granting to Adam Denzler and associates the right
to construct a bridge across Mokelumne river at Middle Bar, the old one
having been carried away by the flood, was considered engrossed, read
a third time and passed, under a suspension of the rules. . . . .
BILLS, ETC.
Mr. QUINT introduced a bill to grant to certain parties the right to
construct a bridge at Burns' Ferry, on the Stanislaus, which was
referred to Committee on Roads and Highways. . . .
At 2:40 P. M. the Senate adjourned. . . .
In the Legislature on Monday but little business of general interest was
done. . . .
In the Assembly, . . .
The bill to authorize the construction of a bridge across the Mokelumne
river at Middle Bar, was reported back with an amendment, and placed
on the general file. The Committee on Agriculture were granted leave
to withdraw, for correction, their report upon the fence bill. The
report contained a recommendation for the passage of the bill, which
had been placed there by mistake, the Committee not having agreed upon
any recommendation. The Committee on Public Buildings, reported back
and recommended the immediate adoption of the Senate resolution of
inquiry in relation to work done upon the new State Capitol building. . . .
p. 2
NEWS OF THE MORNING.
. . .We learn that considerable progress has been made in the matter of
a plan for protecting our city. A joint Committee, appointed by the
Citizens' Committee and the Committee of Safety, have agreed upon the
main features of a bill which will be forwarded to the Legislature as
soon as the survey of the line of the levee on the Sacramento and American
rivers shall have been completed. Farther particulars will be noticed
in our local column. . . .
The Sacramento fell yesterday about three inches, and the level of the
water in the city decreased to even a greater extent, owing to the fall
of both rivers. . . .
DOINGS OF THE LEGISLATURE.--The Calaveras Chronicle of February
8th thus speaks of the present Legislature: . . .
The bill to remove the State offices to San Francisco, was defeated in
the House. With a part of the Government in Sacramento, the Capital of
the State, and the balance at the Bay, the wheels of legislation will
be very apt to be clogged quite often during the session. Very serious
doubts are expressed by many citizens as to the legality of laws passed
at this session while away from the Capital. If ever any litigation
arises from laws made this Winter, the cases will be carried to the
Supreme Court, and in the opinion of eminent lawyers, the enactments
will be declared void, as being done contrary to the Constitution of
this State. If, in addition to the cost of this Legislature, which bids
fair to exceed that of previous years, their proceedings are decided to
be unconstitutional, the tax payers will hold all those who participated
in the removal, to strict accountability.
It is time for the people to become aroused to the full importance of
sending their most intelligent men to legislate for them. Let each
political party present its best candidates, and then if the people do
not choose the most honest and capable, they certainly cannot find fault
with the men they have elected. It is not the legislators who are to
blame if inefficient, but the voters who elect them.
IN SEARCH OF MATRIMONY.-- The Calaveras Chronicle of
February 8th relates the following case of seeking for a wedding under
difficulties:
A friend of ours, whose marriage we chronicle this week, had quite
a number of mishaps by flood, before he was enabled to enter into
the blissful state of matrimony. Accompanied by a friend and lady,
the would be groom and bride crossed the Stanislaus on Thursday
evening, the 9th of last month, on the ferry boat at O'Byrne's
ferry. During the night the water rose rapidly, and carried away
the boat, cutting them off from all communication with this side.
The Justice of the Peace, who was to have made the twain one flesh,
could not get over the river, and as the distance precluded the idea
of hearing the responses, he gave up the job. The water, in the
meantime, rose some forty feet and carried off the house in which the
wedding party were stopping. Here was a dilemma; the ladies were
placed in an out-house for protection against the storm, as there was
no dwelling within several miles. Having no carriage to take them
away, they were obliged to go on foot through the mud and rain, to an
Italian ranch some five miles distant; the whole party remained there
for two days, with such accommodations as a goat ranch furnished. They
got a team at last which took them that day four miles, to another
ranch, where they stopped over night. The next day they traveled about
seven miles through the pitiless storm, when they arrived at Montezuma
Flat, where the silken cord was tied. We have never heard of a more
uncomfortable journey on the broad road which leads to matrimony.
ACCIDENTAL DROWNING.--The Calaveras Chronicle of Feb. 8th
relates the following particulars of a sad occurrence:
On Sunday, the 2d of February, two men were drowned while crossing
the Mokelumne river at Big Bar. Three men started from the Amador
side in one of the small skiffs used on the river, to come over the
stream; one of them, Lawrence Martin, was somewhat inebriated, and
it is supposed, as they were passing through a heavy current, he
swayed with the motion of the boat, causing it to fill with water
and sink. Charles Kilton struck out for the shore he had just left,
and being a good swimmer, got safely to land. One of the two men was
seen several times to stand for a moment on his feet, with the water
about up to his waist, but the force of the current took him along,
and the last seen of him he was going over the falls below. The other
man was swept along with the stream, and soon lost from sight. The name
of the passenger was Lawrence Martin, who leaves a wife and three
children in Oxford. Warren county, New Jersey; he came to California
in December last. A. J. Peterson, a native of Sweden, was the name of
the other man lost; he has been for some time employed as a ferryman
at Big Bar. The bodies of the drowned men have not been recovered. . . .
PROSPECTS FOR WORK.
A few days since a San Francisco paper remarked that there never had
been, at any one time, so many men in that city out of employment.
We may add that there are many in this city who are seeking work, in
order to enable them to support their families, without being able to
find it. The accounts received from the interior of mining claims
filled up, milis destroyed, flumes and dams carried away, ditches
and canals rendered useless, justify the conclusion that thousands
of men in the State are temporarily deprived of work. A large portion
of the mining in the State, for several years past, has been carried
on by means of water taken from creeks and rivers and distributed
among the miners in different localities. How many of these ditches
and canals have been rendered for a time useless by the floods we are
unable to determine--though we think but few in the State have escaped
without more or less injury. Those highest up in the mountains, where
the canons are steep and the water rolls down their sides in torrents,
have been subjected to the heaviest trials and have been most seriously
damaged. A ditch in Trinity in which ex-Governor Johnson was interested
in 1859, and which cost over one hundred thousand dollars, we are assured
by a citizen of Trinity has been completely swept away. So thorough is
the destruction that it will never be rebuilt. This is only one case among
the hundreds in the State. Unquestionably the torrents have developed
rich diggings heretofore unknown to miners, but they have yet to be
discovered, and when located it may be found impossible to work them
for the want of the water which can alone be furnished by ditches in
good repair. A prosperous Summer for mining may very likely follow
the floods of Winter, which have cut new channels and filled up old;
which have removed the tailings in ravines, creeks and rivers, and
replaced them by the auriferous deposits of the surrounding hills and
mountains. Ground which was considered worked out will be found to pay
again, while discoveries of new and rich diggings are likely to be
announced in various sections of the State. But it will require a year
of prosperous mining to replace that which has been lost in the mines
by the snow slides, land slides and floods of 1861-2. Among the canals
in which this county is interested, the Natoma stands first, and is
probably most seriously damaged. Its dam in the American has been
carried away, and it will be some time before it can be repaired. In
the meantime, the hundreds of miners who depended upon the Natoma Canal
for water must remain idle, unless they can find temporary employment
elsewhere. How much the North Fork Canal, which comes down on the west
side of the American river, has been injured we are not advised. The dam
of this company may also have been swept away. The ditches at Michigan
Bar, on the Cosumnes, have not been definitely heard from. From the
numerous ditches and canals in El Dorado county, we have no report,
except from the Eureka Canal, which runs from the head waters of the
Cosumnes, by Diamond Springs, El Dorado, and down to Clarksville,
which is near the eastern line of this county. This canal is so
located that it has escaped serious damage by the late storms. We
are informed that the company is now able to run their main canal
and branch ditches full of water to the several localities they supply.
No interruption of mining has been experienced on the line of this
canal, and it is one of the few in the State to which the same remark
will apply. The company not long since completed an extension of their
line to Clarksville, near which town they have built an immense reservoir,
which enables them to supply mines on ravines and gulches leading into
the American river on one side, and Deer creek and the Cosumnes on the
other. The district supplied for the first time with water is a large
one, and known to be rich in surface diggings. This mining district is
from eighteen to thirty miles from Sacramento, and is therefore
accessible to those who need work residing here and in San Francisco.
Miners in other localities, who are temporarily out of work, can
probably find claims in the district which will pay them good wages. . . .
WILL REBUILD.--Sawyer will bnild a wire suspension bridge across the
South Fork of the Mokelumne, near the site of his old bridge, which
was carried off by the flood in December last. . . .
THE WEATHER ON THE SUMMIT.--S. R. Dunham, who resides at Webber's Station,
one mile east from the Summit, on the Henness Pass, has kept a rain
gauge and a thermometer during the present Winter, and has also carefully
measured the depth of snow that fell on the summit. Lammon, while on his
way over, obtained from him the following statistics. Up to February 1st
42 inches of rain and about 50 feet of snow had fallen since the Winter
set in. The 50 feet of snow, if reduced to water, would probably equal
about 60 inches--making a total of about 102 inches of rain and snow on
the summit up to the first of this month. The following figures from
Dunham's thermometrical table shows that there has been some very cold
weather on the Summit: November 24th, 10 degrees below zero; December
12th, 12 degrees below zero; January 4th, 28 degrees below zero;
January 10th, 15 degrees below zero; January 24th, 12 degrees below zero;
January 25th, 13 degrees below zero; January 26th, 10 degrees below zero;
January 27th, 4 degrees below zero; January 28th, 20 degrees below zero;
January 29th, 10 degrees below zero; January 30th, zero; January 31st,
30 degrees below zero; February 1st, zero. We think there must be some
mistake in the figures for January 4th and 31st, more likely the former
should have been 18 and the latter 3 degrees below zero. The mistake might
have been made in transcribing the figares. January 28th was the coldest
day we have had this year at Nevada, the thermometer, early in the morning,
standing at 12 degrees above zero. At Skillman's mill, about fourteen miles
below here, the mercury fell to about zero, and it is not improbable that
it was 20 degrees below zero at the Summit.--Nevada Democrat. . . .
[For the Union.]
THE FRONT LEVEE.
MSESRS. [sic] EDITORS: . . . It is with confidence that we bring before
your attention, and will receive your due consideration, a law now in
existence, but has not been attended to, and one which interests us
materially, viz: To keep the levee clear of wood and merchandise. We are
the few ladies who have remained by our homes during the disastrous floods,
amid all the troubles and privations, and now, on the receding of the
waters, our energies are employed in washing, scrubbing and drying, which
will occupy some time, and as there is only one part of the city available
for recreation by walking, viz: from your office Hotel Opera D'Eau down
the levee on the banks of the swift-rolling Sacramento, and along the
railroad to the crevasse, which walk is enhanced by the repairs
progressing there, we are completely prevented enjoying our
perambulations during this fine weather, from the present state of
the levee. Nor would we be so importunate were it caused by the flood,
but it has been so for years, and there are plenty vacant lots to place
the obstructions, instead of rendering impassable the only walk in the
city. We trust that you will be enabled to have the obstacles removed
by next Sunday, and have no doubt the act will redound with honor and
praise to yourself, as it will confer a lasting obligation on
THE LADIES..
SACRAMENTO, Feb. 10, 1862.
COPPEROPOLIS.--A correspondent of the Calaveras Chronicle, writing
from Sait Lake Valley, January 27th, says:
I am told that Copperopolis is extremely dull. The inhabitants have mostly
gone. In the absence of other employment, the few that are left amuse
themselves by buying and selling copper claims, on paper, of course, no
money being used in the transactions.
CHANGED ITS CHANNEL.--The Amador Ledger is informed that the Mokelumne
river changed its channel about two miles below Put's Bar, destroying
the most valuable portion of the fine ranch of J. W. D. Palmer, and
doing incalculable mischief to the other ranches in the immediate
vicinity, . . .
THE RELIEF COMMITTEE CHARGED WITH ASKING QUESTIONS.--In the Monitor of
Feb. 8th appears the following grave charge against the members of the
Sacramento Sufferers' Relief Committee:
"The number of persons now receiving relief at St. Mary's Hospital,
Stockton street, is seventy-five. Every one sent by the Relief Committee
was received without question, and no means spared to promote their
personal comfort. According to statements of reliable persons, the
same impartial and charitable conduct has not been followed by the
parties representing the Committee, at their offioe in this city.
Qaestions have been asked concerning the nationality and religion of
persons seeking relief; and in one instance, in addition to refusing
aid, insulting and false statements were made affecting members of
the Catholic Church and their conduct during the recent flood. They
were charged with not contributing for the relief of the sufferers
like other classes; and that if they needed assistance they should
look to their own Church. The fact is, without claiming any greater
liberality for Catholics than for members of Protestant denominations,
they did their duty and responded to the appeal made, generally and
generously. It is not necessary to dwell upon this point--the public
know full well the charge is unfounded, and will, we believe properly
estimate the man or men who could both refuse assistance and insult
people who were forced to seek food and shelter, under circumstances
where words of encouragement should only be spoken and charitable deeds
performed. The provocation, it must be recollected, was, that the
applicant, when called upon, stated she was a Catholic."
We are informed by a member of the Committee that no such distinction
was ever made, and that no questions were ever asked of any applicant
regarding their religion or birth, but that all those who were destitute
were provided for alike. The person to whom the Monitor refers
as authority, he says, is the keeper of a boarding house, where a number
of families have been provided with accommodations at the expense of
the Committee. One family, however, the Committee refused to provide for,
as the husband was in the employ of the city of Sacramento and had scrip
at the time, and wrote to his wife that he should sell his scrip and
provide for them. Upon presenting the bill to the Committee for the
board of this family, they refused to pay it. Hence this breeze. Catholic
or Protestant, Jew or Gentile, whoever is destitute by means of the
flood only, applying to the Relief Committee will be cared
for--Bulletin. . . .
BODY FOUND.--The body of Henry Fresh, son of A. J. McKinsey, was found
in the river at Bullard's bar, Sierra county, recently. . . .
MARRIED.
At the Montezuma House, Tuolumne county, Jan. 14th, John Gilliland
to Isabella Tapaan. . . .
Stop That Break In the Levee, or
go to BEALS and get your Likeness taken before another flood. Unless
the citizens of Sacramento go to work and try to stop the water from
coming into the city you will not have one dollar to pay for a Likeness.
So Perkins says--Barstow Speaker.
BEALS' ROOMS--115 J STREET, between Fourth and Fifth.
Pictures, damaged by the Flood, cleaned, fe11-1m . . . .
WILLIAM BECKER LEFT SAC-
ramento on the 29th day of January, in a boat with two other men, for
the Six Mile House. His hight is five feet ten inches; dark hair and
whiskers; very heavy mustache. He had on two flannel knit undershirts,
one white and the other gray, a hook [?] overshirt, black cloth coat and
gray pants, black India rubber leggins and black rubber coat. He had
two letters with him that Mr. Fuller took out of the office and gave
him--one addressed to Jacob Bitner, and the other to himself, William
Becker. He had a purse in his pocket with a ten dollar gold piece in
it. Any word concerning him left at the Mineral Point Hotel, or at the
UNION office, will be very gratefully received.
fe11-2; HATTIE BECKER. . . .
p. 3
CITY INTELLIGENCE.
COMMITTEES AND LEVEES.--A Joint Committee from the Committee of Safety
and the New Charter Ccmmittee, has been engaged for several days past
in preparing a bill to be presented to the Legislature, to provide for
the construction of a levee on the west and north of the city. The main
features of the bill have been agreed upon, and the Committee awaits the
report of Engineer Leet to perfect it and send it to San Francisco for
legislative action. It provides for the appointment of three Commissioners,
who shall have control of the work, and grants the right of way from the
foot of either Y or R street on the Sacramento to the high land at
Brighton. It is proposed to build the levee about sixty feet in width
at the base. The details of the route, manner of construction, etc.,
will depend upon the report of the survey now being made. It is thought
that the bill can be enacted into a law within a week from the time of
its leaving the hands of the Committee. The greater portion of the
Committee of Safety are in favor of commencing wvrk at the tannery--to
repair the crevasse as soon as it is ascertained from Leet's report where
the new levee should run. Their view of the matter is that a section of
levee may be built so as to shut out the water at present, and yet form
a portion of the new levee, so that no work rnay be thrown away. A
portion of the Committee, however, oppose any further action on the
part of the Committee of Safety, and favor the policy of waiting until
the law is passed and the Commissioners are appointed, and then
surrendering into their hands the balance of funds now in their
hands--about $50,000. The Committee of Safety during the last eight
weeks experienced considerable difficulty from property owners in
the prosecution of the work of repairing levees. One would object
to too much earth being taken from the street inclosed in his garden,
because his neighbor, a a [sic] block further off, had a portion of the street
also inclosed, and had had no earth whatever taken from it. Another
would object to willows being cut from his ground. Another would shoot
any one who would touch his lumber for use on the work, and still
another would not loan his ax to the Committee, because they ought to
buy their own axes. But, while this class of men were very niggardly
on the above named points, they were exceedingly liberal in giving
advice and instruction. The Committee man who happened to have charge
of any job of work would receive from this source more orders in an
hour than he could obey in a week. The members generally appear to
think that this phase of levee improvements is about "played out,"
and that when the work is resumed those who have control over it
should have the right of way granted by the Legislature. . . .
A SUGGESTION.--Everybody is anxious to have the crevasse at the tannery
repaired before we have any more rain. The Committee of Safety are
anxious to spend no more money if they can avoid it until the general
plan is agreed upon. It has been suggested by several citizens that the
Committee make arrangements to commence the work and call for volunteers,
and that there are hundreds who would meet and do one, two, three or four
days work free of charge. It is said; also, that teams in abundance can
be had in the same manner. It would be desirable as a preliminary step,
that the experiment might not prove a failure, to open a roll in advance
for the signatures of those who are willing to respond to the call.
POLICE COURT.--The case of Shellers, Jesus and Julien, charged with
grand larceny in stealing oil and camphene during the flood, was examined
and taken under advisement. . . .
THE GEM.--At two o'clock yesterday afternoon it was thought that the
Gem would not be started on her way to the American river until this
morning. Active preparations were being made to that end. Those who
were engaged at work about her remained in the vicinity over night. . . . .
TRADE ON THE AMERICAN.--In addition to the Sam. Soule, on the American
river, the steamer Gipsy makes daily trips to Brighton, stopping at
the new landing of Washington & Co., on the north bank of the river,
near Norris' bridge. A lively trade is being done at that point. . . .
DROWNED.--On Saturday, February 8th, John, a little son of Nicholas
Schawb, was drowned in the Yuba river, at Marysrille. . . .
p. 4
LEGISLATION IN SAN FRANCISCO.--The San Francisco correspondent of the
I>Sierra Democrat (Union) writing February 2d, thus speaks:
Well, here we are in the fourth week of the session of the Legislature,
and not anything. of importance has been transacted by either House.
In the early part of the session, days and weeks were suffered to pass
away in idleness; growing out of the struggle to adjourn the session
to San Francisco; and when that unnecessary step was accomplished,
still further time was wasted in making needed preparations for proper
legislation: and thus it is that the State has been mulcted in a sum
not less than fifty thousand dollars and not one dollar's benefit
received in return therefor. Much of this bad management is
attributable to the Republican party, who went into power with
retrenchment and reform, and abandoned it when opportunities for
economy were presented to them. Considering how that party went into
power on the very tide of popularity--when the hopes of the entire
people were centered in them, to save the State from extravagance and
useless expenditures--they have made a failure much more lamentable
thau that of the old Know Nothing party, with Neely Johnson at its
head. The Republicans appear be deficient in that kind of management
which tends to render a powerful party like theirs permanently popular
and successful. Not that they have not leaders sufficient (because
the great difficulty is.that they have too many in their ranks who
aspire to be leaders); but the difficulty is, they lack not only the
suaviter in modo but the fortiter in re, and a total
ignorance in men and things. Had they had the proper kind of a
leader--one capable of shaping the policy of a great party--he never
would have sanctioned the prominent part taken by Republicans in
adjourning the session of the Legislature from Sacramento to this
city. A worse stroke of party policy there could not have been,
because the Republican party is thoroughly identified with that
movement and the entire responsibility, whether for good or for evil
must be borne by them; and there is no loophole for them to escape
through, because Ashley the State Treasurer, Warren the State Controller,
Pixley the Attorney General, and their subordinates, worked with all
their strength to accomplish the adjournment in question ; and it was
even said that Governor Stanford gave a tacit consent to the removal
in the hope of gaining power and influence, tending toward his election
as United States Senator in the place of M. S. Latham. Be that as it may,
one fact is self-evident: he did not use the slightest influence to
prevent the removal, but on the contrary worked for it. The change
from Sacramento to San Francisco will not cost the State less than
twenty five thousand dollars, and it would not be surprising if the
amount reached forty thousand dollars, at a time when the tax-payers
of the State are groaning under the burdens heaped upon them. There
was no more necessity nor justice in the adjournment of the Legislature
from Sacramento than there would have been for yourself to have
abandoned Downieville on account of the loss of your office by the
flood. . . .
Sacramento Daily Union, Volume 22, Number 3393, 12 February 1862. p. 1
THE DAWN OF REASON.--The Legislature has done one good and sensible
thing in refusing to pass an Act removing the State officers from
Sacramento to the Bay. This indicates, in a degree, a return to reason
on the part of our legislators. We hope they will not break down in
their efforts to remove the stigma now resting on them for the hasty
and uncalled for removal of themselves; but as the weather is now
settled and the streams running down, repair their injured reputations
by returning and doing their legislation at the legitimate Capital
of the State. We might have said, finished their legislation--but
having examined both sides of this question, we have grave doubts
whether anything they have done as far as it affects others than
themselves and their own organisation, is legal. If the law makes a
certain point the Capital of the State, no concurrent resolution can
annul that Act. Nothing but another Act repealing the one in force can
be legal; hence the necessity of an immediate return to Sacramento, and
a renewal of all general business, and a prompt completion of all
business yet to be done; and let us have a short session. There can
be no excuse now for that body remaining longer at San Francisco.
Their excuse was, they could not get to the Capitol from their hotels,
except in boats; this is no longer the case. The principal thoroughfares
of Sacramento are now dry and passable, and every indication of a
continuance of good weather; and if the members who voted for the
removal were sincere in their motives, when the cause is removed they
should prove their sincerity by an immediate return.
Knight's Landing News. . . .
LEGISLATIVE--THE CHINESE.--There seems to be a prospect of a lone
session of the Legislature, judging from the number of bills which
have been announced. Indeed, from private advices we learn that many
believe San Francisco will be honored by the presence of the "assembled
wisdom" until the "glorious Fourth of July," thus taking one-half of
the year legislating for the other half. It may be all right--we may
be wrong--the people's wants [?] may be better known to their servants
than their masters---but to our finite judgment it does seem that all
needful laws might be passed in a very few weeks. Up to the present
time, however, nothing has been, done except to remove the Solons from
Sacramento, the Capital of the State, to San Francieco, the commercial
metropolis. At last advices they were not comfortably located, but
were making themselves so as fast as they could. The San Franciscans
were placing saw dust on the street, probably preparatory to throwing
dust in the eyes of our law makers . . . .
p. 2
NEWS OF THE MORNING.
. . .
It is expected that a large Overland letter mail will be received
at the Post Office in this city to-day, including such matter as has been
delayed by the late storms. . . .
The steamer Gem was moved yesterday about two hundred feet from the place
where she landed during the late flood. . . .
HOWARD ASSOCIATION.--The Pavilion was closed on Saturday last, all but
two families having been placed in good houses, rents paid, and provided
with everything necessary to comfort. The majority had lost houses, stores,
furniture and all else, so that they required settting [?] out from
bed-rock.
The two families remaining had sick members, whom it was not prudent to remove.
The station at the Fort will not be closed until Saturday next remaining
families having sick children.
The Society buried, on Sunday, two children of Mr. Spinner, and
Mr. Stagner, deceased from small pox, the one reported in the January
report as in a confluent state. This is the last case known to exist
in the city, all others having recovered.
Persons from ranches still apply daily, and the number of dispensations,
though decreasing, is now required by those who have thus far failed to
get labor sufficient to support themselves and families. In a few days,
if the present weather continues, the usual avocations can be resumed.
Donations have been received from Jno. Leavitt, Virginia City, $33;
employes of Gould & Curry, Silver mining claim, Virginia City, $260,
and from the mine, $100; Campo Seco Lodge No. 100, F. & A. M., $100;
Sierra Lodge No. 24, I. O. O. F., Downieville, $75; General Relief
Committee I. O. O. F, Sacramento, $110.
These amounts will help to pay the accounts for this month, and prevent
the stoppage of supplies to ranchmen and others, which by the custom of
the Society would be done when out of funds. Thus far, since the 4th inst.,
when there was $1,500 on hand, we notice the receipts from all sources
amount to $1,600--making a total of $3,100; while the expenses for the
month, at the Society's estimate, will be $6,000.
The silent operations of the Association prevented hundreds from knowing
the extent or completeness of their arrangements and operations. An
hour's converse with either of the officers will be sufficient to impress
any heart with lasting regard for the society, and secure his constant
ffort to foster and build it up, so that it may always have a
superabundance of means at command.
POSTAL NEGLIGENCE.--The Postmaster at Indian Springs, Nevada county,
under date of February 10th, inquires why the mails are not received at
that office, He says:
We have had no mails for seven days. The stage passes each way every
day, and carries the mail for offices above. When the roads were
impassable, and the stages could not run, we did not complain; but
now that the roads have improved, and they are running regularly and
carrying the mails, it is not very pleasant to be deprived of our UNION
until it is a week old, and sometimes it has arrived eighteen days after
date. We think there is unpardonable neglect somewhere, and should like
to know where it is.
We hope the Postmaster here will institute some inquiries in the premises.
ADMISSIONS.--The Marysville Appeal, having been temporarily deprived
of its usual editorial oversight, has been making some very random
charges. Having made some late statements of an unfounded character,
it has commenced retracting them. It now admits that Cortez Square was
flooded once, and that the citizens of Sacramento had access to clear
and wholesome water. It will, by and by, take back its other
misrepresentations when it has time to reflect upon their extreme
silliness. . . .
NARROW ESCAPE.--The old adobe wall of a building in Sonora lately caved
in just as the mother of a family of four young children had got them
out of their beds, over which the walls tumbled, where they must have
been crushed to death but for the providential removal.
SNOW IN MARIN COUNTY.--"Tamalpais," or the high peak--2,500 feet above
the sea--was, on the third of February, covered with snow down to nearly
its base, and has remained so for about a week.
LOSS OF SHEEP.--Senator Parks, of Sutter county, has lost out of 3,000
sheep all but 1,300, they having suffered from the flood, cold and hunger. . . .
SHOULD THE LEVEES BE REPAIRED?
It is pretty certain that no general system of rebuilding and
strengthening our levees can be adopted in time to protect the city
from the floods of the Spring months. The repairing of the old
levees, therefore, becomes a question which concerns deeply every
citizen of Sacramento. If the levee is left open this side of the
tannery, as shown by a correspondent, any rise of five or six feet
will pretty well fill the city with water. It might not cover the
streets north of L, but it would interrupt all communication by land
with the country, and leave the new bridge over the slough alone in
its glory. Whatever plan for building a permanent levee may finally
be decided upon, the interests of Sacramento seem to point to repairing
the break this side of the tannery. A correspondent who has examined
the ground, and who ought to be a competent judge, as he was educated
for a civil engineer, expresses the deliberate opinion that the break
at that point can be filled and made secure for two thousand dollars.
This we think an under estimate, but suppose it cost four or five
thousand dollars, will not the object to be accomplished justify
the expense? This is the real question to be answered. To us it
appears very clearly that it would. The argument which "G. R. M."
makes in favor of trees and brush to prevent the effects of the
current in washing down the bank and levee, and in causing deposits
to be made, we fully indorse. The sand deposited in the peach trees
which were piled along the levee on the outside, forms a bank which
is fully as high as the water rose along the front of the levee at
that point, and completely defends it. We do not see why a similar
effect would not follow if trees and brash were piled in, as suggested,
on the outside of a new levee built this side the tannery. We learn
that one reason why the Committee is hesitating, is that the members
are anxious to place the work on the line, which is recommended by
the engineers, and thus secure what they build as a part of the
permanent levee. This is proper, but to lose such fine weather for
work as we have experienced for the past ten days, may prove a public
misfortune, as the river may rise before the work can be completed.
For fifteen hundred or two thousand dollars "G. R. M." estimates the
Thirty-first street levee may be repaired from the American to R street.
If this estimate is reliable, there can be no question about the propriety
of repairing that line at the same time the work is going on at the
tannery, provided the Committee determine to fill that crevasse. To
keep out our ordinary Spring floods is not a very difficult matter.
Even the low narrow levees we had have always done that. It required
the most tremendous flood of a century to demonstrate to us that our
old levees, which had not been touched for some eight or nine years,
were not sufficient to turn any flood which was likely to be
precipitated upon us. Against such an extraordinary flood as that of
January 10th ordinary levees will not answer, but they will turn such
floods as we have experienced in the Spring months during the past ten
years. It is, therefore, reasonable to calculate that the levee this
side the tannery, and that on Thirty-first street, may be repaired in
three weeks so as to secure us against high water for the balance of
this season.
There is, too, a considerable work which ought to be done on the levee
between Sixth street and Twentieth. The American river, north of Sixth,
Seventh and Eighth, has so changed its currents that it sweeps down
within a short distance of Willow lake, and within a hundred yards of
the angle made in the levee between D and E streets. It has during the
Winter formed a bar nearly opposite Sixth, Seventh and Eighth streets,
which covers acres, and unless the current is changed, two years will
not pass before the bed of the river will be forced into the lake, and
against the levee as direct and in fully as threatening a manner as at
Rabel's tannery for the past two years. To prevent this the river will
have to be straightened. When the river was at its height in January,
the current ran directly against the levee along the streets named, and
forced the water over it into the city, making several breaks in it.
These breaks have been temporarily closed by the labor of the Committee
and by the efforts of a public spirited citizen who raised a subscription
to pay for the labor and superintended the work himself. But those breaks
are closed in an unsubstantial manner, and need more work before the water
again rises, in order to make them secure. There is quite a serious break
at Twentieth street, where the road crossed, and where the levee was cut
down to nearly the level of the surface, which might be filled in a couple
of days.
We have said that we thought $2,000 a small estimate for stopping
the crevasse this side the tannery, and we may add that we think a week
is a very short time within which to do the work unless more than
seventy-five men are employed. :However, the expense may be brought
within $2,000 if the Committee will call for volunteers to help do the
work. We are greatly mistaken if men enough to do the work do not
volunteer if the appeal is made. Large numbers of our citizens feel
more able to give work than money for levee building. No harm will
follow a zealous effort to raise volunteers enough to do the work
necessary at the tannery and to repair the Thirty-first street levee
to R street. Repairing the latter and closing the crevasse at the
tannery will secure the city against everything but back water, which
under no circumstances will rise higher than L street. Said work, too,
would secure communication between the city and the country for the
remaining portion of the Winter and during the Spring. . . .
FALLING.--The Yuba river, it is stated, is falling rapidly. . . . .
THE FLOODS OF 1862.--A friend remarked to us a few days since that the
floods of this Winter were higher and more destructive than any which,
so far as evidence went, had occurred for two hundred years. We thought
him extravagant, but find that his opinion is sustained by others and by
facts which bear directly upon that point. The Humboldt Times in giving
the reasons why the Klamath Indian Reservation had been abandoned, states
that it had been five times overflowed, and in each instance to a depth
never before known among the Indian traditions. On the Klamath the Times
says: "Every Indian ranch, for a distance of twenty-five miles from the
mouth of the river up, was carried away; bottom lands that were covered
with trees of two centuries growth, were swept bare of timber, root and
branch." The conclusion, therefore, on the Klamath, is that no such flood
has been experienced for two hundred years.
The same character of evidence applies to the Russian River valley. A
gentleman, who had the statement from men who have been on the ground
since the freshet, informs us that an old adobe house, built by Russian
hunters in 1808 on Russian River, had never been disturbed by the water
until this year. The water, in January, was fifteen feet in depth where
it stood, and left not a sign of it remaining. The water in the valley
of that river was from six to ten feet in depth over an immense surface
of country never before overflowed. The destruction of property was so
great as to almost depopulate that valley. The loss of stock was fearful,
one man stating to our informant that the water drowned for him twelve
hundred head of beef cattle. . . .
MORMON ISLAND.--A correspondent of the UNION at Mormon Island writes,
February 10th:
The roads between this place and the Valley Home, on the Coloma road,
have been impassable since the flood. Our Road Overseer, however, has
been at work with a posse of men and has improved the roads, so much
so, that in two days teams will be able to pass as usual. . . .
THE FLOOD SOUTH.--The Visalia Delta of January 30th says:
On Kern river the flood proved even more disastrous than we anticipated
last week. Every mill and dam on the river is gone, save one. Above
the Forks, Caldwell's water wheel and gearing for arastras were
completely cleaned out. A little lower down, March & Co.'s mill,
together with the two others, erected by Lightner and Keys, were
washed off, as was also the dam and flume which supplied the water
power to the three mills mentioned. These were 4-stamper mills, and
cost in the aggregate gome $12,000. Still further down, Erskine
Brothers' mill, which cost in the neighborhood of $30,000, was swept
away, and only the shaft and a portion of the large wheel saved.
Some expensive metal gearing for amalgamating purposes is supposed
to be safe, though it cannot be ascertained until the water subsides.
A couple of miles below Erskine's mill stood the dam and mill of the
Mammoth Lead Company, a 12 stamper mill, which cost $60,000. The dam
and flume are gone, leaving the mill standing. The water wheel and
gearing of the Messrs. Redfield, on the same bar with the Mammoth,
was carried away, and the arastras buried "fathoms deep" in sand and
drift. The only bridge across the river is also gone. The water rose
some fifty feet.
The same paper adds:
When the flood first came down, we, with others, wondered where the
water came from; but after learning of the fearful torrents which
descended the mountains, we are more inclined to wonder where it all
went to--for certainly Visalia got but little of it. Had this valley
been but twenty or thirty miles wide, the water would certainly have
been ten or fifteen feet deep. The Kaweah, Tule River, and Deer Creek,
were fnll enough to bring down pine trees 100 feet in length, roots,
branches and all.
Snow was still on the ground at Bear Valley and Mariposa, and on the
morning of February 5th it was snowing at the first mentioned place.
CORONER'S INQUEST.--The body of an unknown Indian was found yesterday
morning floating in the Sacramento river near the foot of I street, by
a Mexican. Coroner Reeves held an inquest on the body, George Young,
C. L. Huntington, J. Dame, James Pollitt, H. L. Fisher and R. Galligan
acting as Jurors. Chief Watson and officer McClory, who had aided in
securing the body, were examined as witnesses. No information concerning
the deceased was elicited. The body was well dressed and appeared to
have been in the water about two weeks. There were no marks of violence
visible. The jury returned a verdict in accordance with the facts.
PREPARING A PASSAGE.--A number of the boatmen of the city were engaged
yesterday in opening a channel across some of the sand bars this side of
Poverty Ridge. They want the right of way secured and safe by the time
the cars commence to run to Poverty Ridge.
p. 3
CITY INTELLIGENCE.
. . . .
WORK ON THE GEM.--The work on the steamer Gem, for the purpose of
replacing her in the river, is progressing rapidly. E. Fell, the
contractor, has about twenty men employed in the undertaking. At
sunset last evening she had been moved about two hundred feet. A
solid track of heavy timber, fourteen by sixteen inches square, is
laid down, and she is moved over it by means of iron rollers. She is
drawn forward by block and tackle. In order to bring her bow toward
the river, it is necessary to lay a circuitous track on which she will
make about half a circle. Two to three more days will be required before
she reaches the water's edge. As a matter of economy in time, she is
being calked and painted as she progresses on her journey to the river.
The entire weight of the steamer is about one hundred and fifty tons.
FERRY RUNNING.--The ferry at the Fort, on K street, has been running
for the past two days. Teams with empty wagons, or with very light
loads, pass in and out of town by way of J street. The traveling would
be good, except for the six or seven cuts across the street, which are
so deep as to cause great difficulty in getting over with loads. A
little labor and expense would remedy the evil. There are many, teamsters
and others, interested in having the street repaired. If the President
of the Board of Supervisors would call for volunteer labor among the
teamsters and stablemen of the eastern part of the city, and fix upon
a day for the purpose, there could no doubt be force enough got together
to finish up the work in a day. . . .
NOT HEARD FROM.--Nothing has yet been heard concerning the bodies of
the three men who are supposed to have been drowned on the 29th of
January, a few miles north of the American river. Mrs. Becker, who
with others spent a day or two in search of the body of her husband,
advertises a description of his person and clothing. J. Knaggs [?] and
others were out all of yesterday with boats in search of the bodies,
but failed to find them or gain any information concerning them. . . .
TRAVELING FACILITIES.--It is expected that on and after Friday next the
cars from Folsom will come to Poverty Ridge, instead of stopping, as at
present, at Brighton. At about the same time Colby's bridge, at the
Fort, will be completed.
THE TRADE IN HIDES.--The shipment of hides to San Francisco has been
very lively since the commencement of the rainy season, resulting from
the large number of cattle drowned by the floods. Several thousand from
Red Bluff were sent below by yesterday's steamer. . . .
[For the Union]
CITY PROTECTION.
MESSRS. EDITORS: I desire to say a word or two, through your paper to
our Safety Committee, and to the public generally, in reference to our
levees and the protection of the city. The water in the American river,
at this time, is about two feet below the natural banks, and yet the water
runs into the city through the channel cut by the current of the river
to the depth of say eighteen inches. If nothing is to be done, to repair
the breaks in the levee, a rise of five or six feet in the river would
overflow the city once or twice more this Spring, and the confidence that
our brave and devoted citizens have in our permanency will be totally
destroyed. That the river will rise to the extent just indicated is
inevitable. Now these breaks can be permanently repaired in one week's
time, and at a cost of not more than two thousand dollars. One hundred
men, and twenty five teams would do the work in six days. Twenty-five
teams, including teamsters, at four dollars per day will be one hundred
dollars. Seventy-five men at two dollars per day will be one hundred and
fifty dollars. This makes two hundred and fifty dollars per day, or
fifteen hundred dollars for six days. The way to make the levee is to
get trees and brush from the opposite side of the river which can be done
by a flat boat conducted by a rope drawn diagonally across, and deposit
them in the embankment. These trees and brush should be placed in the
levee from the lowest point in the bed of the river attainable, to
prevent the current from undermining the embankment, with the tops
ranging up the river at an angle of about forty-five degrees. This brush,
placed in the levee as here indicated, will not only prevent the bank
from being washed away, but will catch and retain sand and sediment
enough to make a levee two or three times as wide, and as high as the
old one. A small lot of peach trees, just below the present break, were
dng up last Fall and deposited in the deep ditch caused by the earth being
taken out for the levee. Where these trees are the sand and sediment
have filled up the ditch and formed an embankment as high as the levee.
Above this the levee is entirely gone, and below much damaged. This is
positive evidence of the effect of brush along the levee. If more
evidence upon this point is wanted, it can be furnished by going just
above the tannery, among the willows and cottonwoods. In these thickets
the sediment deposited by the last floods is not less than from eight
to ten feet on an average, and in places where the trees are gone the
old surface remains almost uncovered. The breaks above Twentieth
street can be repaired for say two thousand dollars, and the levee
along Thirty-first street, to the R street levee, for from fifteen
hundred to two thousand more, and all this can be done by two hundred
men and fifty teams in one week. It is said that nothing can be done
until a bill is passed by the Legislature condemning the land along
the line of the repairs, and the right of way obtained. This is a
mistake; the consent of all parties interested can be obtained in one
hour, for the Committee to take all the materials necessary for this
work. If we must go through the Legislature and through the slow forms
of law before we can commence work, the stable door will not be locked
before the horse is stolen. This won't do. Get the right of way at once,
and commence the work withont delay, and our city will be saved. It
only requires an examination to demonstrate that this work can be done
at or below the figues indicated; and when in the vicinity, the evidence
is abundant to show that trees and brush must be used to prevent a
recurrence of the disaster which has almost swept us from existence.
Our Committee of Safety, and the public generally, must awake to the
dangers that threaten us, and work while they can. Here we have had
two weeks of the finest weather, and nothing has been done. The Spring
freshets will raise the river to some extent, under any circumstances,
and when the water raises an inch we get the benefit of it.
G. R. M.
FROM THE NORTH.
By the Columbia, at San Francisco, we have intelligence from Humboldt
to February 7th. We append the following news:
THE KLAMATH INDIAN RESERVATION.--It is the intention of Superintending
Agent Hanson to recommend the abandonment of the Klamath Indian Reservation,
and establish one in its place in Smith River Valley, fifteen miles north
of Crescent City. He has purchased, for Government, the large farm of
Col. Buel, situated centrally in that valley, and has had the Indians
who were sent from this country a year ago to the Klamath, removed
thither. The reason for the proposed change, says the Humboldt Times,
is that the freshets of this Winter not only swept off nearly all the
improvements on the Klamath Reservation and the bountiful crop of last
year, but the soil itself. What were cultivated fields of choice land
previous to the floods, are now barren sand bars and flats covered with
bowlders.
There was no place on this coast better adapted to the purposes of
an Indian Reservation than the lower Klamath previous to the disastrous
floods of last month, when it was completely isolated. There are no
inducements for white people to settle within fifteen miles on either
side; a sufficient amount of good land on the bottoms, and a never
failing supply of fish in the river. If it is true, however, that
the rich soil of the bottom lands has been washed away, it is now unfit
for the purpose. The Reservation has been inundated five several
[sic, syntax] times since the first of last month, and at each overflow
the Klamath rose higher by many feet than any Indian tradition gives in
account of. Every Indian ranch, for a distance of twenty-five miles from
the mouth of the river up, was carried away; bottom lands that were thickly
covered with trees of two centuries growth, were swept bare of timber,
root and branch.
HUMBOLDT COUNTY.--The coldest and most severe storm ever known in this
region by white men occurred on Sunday and Monday, January 26th and
27th. There was quite a gale from the northward, with rain, sleet, and
snow. At daylight on Monday morning the mercury was down to
23° Fahrenheit; being several degrees colder than the "oldest
inhabitant" ever experienced before. Large numbers of cattle and horses
perished from the inclemency of the weather and the grazing lands being
covered with snow and ice in the southern portion of the county.
HOOPA VALLEY.--Rich gold diggings have been discovered in Hoopa Valley,
developed by the flood and land slides. Near the lower end of the valley
it is reported that somewhat extensive diggings have been found that pay
ten cents to the bucket, while higher up the valley forty cents to the
bucket is obtained. . . .
PHOTOGRAPHS.--Some six or eight photographs of the steamer Gem, and
views in the vicinity, were taken yesterday afternoon by Dickman. . . .
LETTER FROM SALT LAKE.
[FROM OUR SPECIAL CORRESPONDENT.]
Great Salt Lake City, Jan. 19,1862. . . .
THE MAILS.
The first mails from the East for six or seven days, passed through
here this afternoon, and another heavy load of mail matter is expected
to-morrow. There has been no mail from the West for several days, but
the Company's agent is going to keep sending on all that arrives as far
West as it can get. The contractors on the eastern line report terrible
damage to the roads through the mountain passes. Bromley tells me that
the stage yesterday was upset about twenty times coming through; it
brought nothing but paper mail, and no bones were broken.
LIBERAL.
LETTER FROM SIERRA.
[CORRESPONDENCE OF THE UNION.]
The Storms in Sierra--Prospects of California--Sacramento--Legislative Removal--Salmon Rlver and Cariboo.
Howland Flat, Feb. 9, 1862.
After more than two months of almost incessant storms it has again
cleared away, and the bright, beautiful sky is once more visible. The
wild cataracts which have so long sounded in our ears have ceased their
roaring, rolling and tumbling down the deep canons, and the bright,
beautiful, welcome moon to-night sends her rays dancing through the ice
covered branches of the surrounding forest in silence. How changed the
scene; how pleasant the change. The last two months have, indeed, been
dreary ones to the dwellers in the mountains. While we sat in our homes
amid the rugged cliffs--while the wild storm was raging without--while
the roaring cataracts were rushing rudely in their onward course to the
beautiful valleys below, carrying with them the loss of life and immense
destruction of property, a thrill of sympathy went through our souls with
every pulsation of life. Sierra county has, perhaps, suffered as little
as any county in the State by the disastrous flood which has just visited
California. Yet there has been a great deal of damage done to ditches,
flumes and mining claims. There are thousands who have lost their all,
and the State's prosperity has been checked for a time, but it is no use
to get discouraged, for we have within the borders of California more rich
treasures than are contained in any similar space in the known world--a
climate, as a general thing, unsurpassed upon the habitable globe. With
these, combined with the indomitable spirit of our people, California
will come forth again brighter and more prosperous than before. The
year 1862 may be a dreary one to many, but in a few years the disasters
of 1862 will almost be forgotten. Levees will be built for the protection
of the low lands and cities in the valleys, for, be it known, a country
as rich in soil as those valleys, backed by the inexhaustible mines of
the Sierras, will not be allowed to go to waste. The present disasters
will be a theme for the enemies of California to harp upon. It will be
said by those persons that the valleys of this State have proved a failure
for agricultural purposes, but this will amount to nothing. The rich
deposits beneath these mountains will reclaim all those rich lands, and
there will yet be one of the richest farming countries under the dominion
of the Stars and Stripes. We must not expect prosperity all the time.
We have had scarcely an event to mar our onward course since the settlement
of the State. The merchant had almost come to the conclusion that he had
but to sit in his counting room, and wealth would flow into his lap; and
the farmer, beneath the shade of his vine and fig tree, and wealth would
certainly be his portion. Was there ever a country where the pioneers
went swimmingly along without any misfortune? Was there ever a country
in her onward march which has surpassed California in prosperity and
greatness in the same length of time? Never! Then why should we be
discouraged or murmur? Send our present misfortunes on down the stream
of time, and let them pass on into the oblivion of forgetfulness, and
look not behind but forward to the day star of prosperity which will
again come forth full of smiles, crowned with wealth and luxury.
You have many sympathizers in your city's disasters through the mountains.
Your people do not appear to be discouraged. Long may Sacramento survive
and outlive all her enemies, is the wish of the writer.
There is scarcely but one opinion in regard to the removal of the
Legislature from your city, and that is of condemnation of the act.
The people expected better things in the way of economy of the present
party in power, from the promises made upon the stump and through their
papers. The removal seems to have been made more in spite, regardless
of the expenditures, than to suit the fastidious taste of some of those
nice members who were so horrified at the sight of a little water in the
streets. We do not think it would have seriously injured the intellect
of our two Sierra members, who voted for the removal, if they had
remained, and got their feet a little dampened in attending to the
arduous duties of legislating for the dear people. They will be kindly
remembered for the act in future by the people of Sierra. It is an old
saying, if a man starts down hill, every one must have a kick at him;
so we presume the Legislature thought Sacramento was going down, and they
must give her a kick at the expense of the State by removing to
San Francisco. The people could have stood the removal better most
any other time than the present. We have a heavy tax to pay to assist
in putting down an unholy rebellion which is threatening the dissolution
of our glorious Union. Combined with the destruction of millions of
property by the flood, it is an unpardonable act, one which the people
will remember. . . .
W. B. S. . . .
LATER FROM FORT YUMA.--A correspondent of the Alta, residing at
Colorado City, writes under date of January 27th, as follows:
Our desert country has been the scene of the largest flood within
the knowledge of the oldest inhabitant. On the 22d the Colorado
and Gila rivers commenced rising simultaneously. The greater body of
water coming from the Colorado caused the Gila to back and overflow
the whole country. Before word could be sent to the Fort, the water
was four feet high, and rising rapidly.
Major Rigg immediately detailed twenty men to render assistance to the
sufferers. They crested the Colorado in a scow, but before they could
reach the scene of destrnction, Mr. Hooper's fine adobe warehouse, one
hundred and forty feet long, was entirely destroyed, together with all
the fine buildings belonging to the Colorado Navigation Company. Captain
George A. Johnson's elegant dwelling was nearly destroyed. The principal
sufferers are Messrs. Hooper, Samuel Welles, B. F. Gage and the Colorado
Navigation Company. The loss will probably exceed $30,000. . . .
Gila City was entirely destroyed by the flood.
POWER OF THE FLOOD.--A correspondent of the San Francisco Journal,
at Michigan Bluffs, relates the following of the power of the late
flood near that locality:
If I were to tell you that at Junction Bar, a pile of stones, one
hundred feet long, fifty feet wide, and from fifteen to twenty feet
high, many of them as large as could be lifted with a derrick, and
weighing, hundreds of pounds, was entirely carried away, far down
the stream, by the waters, you would think it hardly credible, yet
I have the testimony of W. Cusick, a man of unquestioned veracity,
that such is the fact. He says no one who did not witness it can
have an idea of the sublimity of the scene. When, under the pressure
of the powerful current, the rooks commenced moving, they made a noise
like that of distant thunder, or an approaching earthquake. Trees,
four feet in diameter, and of great length, were carried, root and
branch, down the impetuous stream, seething in the muddy waters and
crashing against the rocky bluffs. Waterwheels, derricks, flumes,
dwelling houses, and, I am sorry to add, several human beings shared
the common fate, and were borne off by the turbulent waters. . . .
LETTER FROM A VOLUNTEER.
[CORRESPONDENCE OF THE UNION.]
Camp Latham, near Los Angeles, }
Headquarters First Cal. Volunteers, Feb., 1862 }
There has been little change worthy of note in our camp since my last.
The same companies of infantry and cavalry are here. There have been
great rains here as well as with you, and we have seen very little
sunshine since the 21st of December. The rains are not over yet, as
at this present time it is raining, with every prospect of continuing
for some time to come.
We have stood the rough weather very well in our "Sibley" tents, though
we have not been entirely comfortable, but if the great cause of
Constitutional Government can be advanced by our lying here we are
content. To add to other annoyances we have been deprived for about
a month, of news from any quarter, as the "Overland Mail" to Los
Angeles mired down in the mud and quit until better times should arrive. . . .
Five companies have been ordered here from San Pedro, that have been
lying there for some time; they were to leave on the 1st instant, but
I judge were prevented by bad roads and weather. . . .
SOLDIER..
p. 3
. . .
FLOODS IN SAN BERNARDINO VALLEY.--A correspondent of the Bulletin,
writing from San Bernardino, Jan. 29th, says:
From about the middle of Decamber to the middle of this month it rained
almost uninterruptedly, but the rain fell gently and did no damage; on
the contrary, was a blessing long wished for. The hearts of the farmers
and stock raisers grew large and their faces cheerful at the prospect
of a glorious season. But on the 16th, 17th and 18th the rain came down
more violently than I have ever before seen it in this or any other place,
and the consequence was terrible. The valley of San Bernardino is a
perfect basin in the bosom of mountains, watered by numerous small
streams which have their source in the hills, and after flowing through
the valley till they join the Santa Ana river, thence flow down towards
the seacoast. As the Summer advances, many of these little streams dry
up or sink in the land, and the Santa Ana itself can be crossed in many
places with shoes on, without wetting the feet. But on the days that I
have stated, such was the torrent of rain which fell that every creek
became a river, and when they united all their forces with the Santa
Ana, and rushed howling through the valley, bearing everything before
them, the sight was terrible. For miles the country was under
water--the stream rushing along at the rate of fiftsen or twenty miles
an hour. Whole farms have been swept off and thriving villages are seen
no more. The remnants of fine houses, beds, clothing, grain and cattle
are scattered down the river for miles.
On Warm creek, which had a number of dams for the purpose of raising
the water for irrigation, every dam was swent away, and one or two
houses destroyed. The ranch of F. Von Leuvin is covered up four or
five feet in sand. The house of Parish, one of the finest in the valley,
was swept away, together with every other house on that street. Both the
flouring mills of Conn & Allen and Weeks are either swept away or so much
damaged as to be unfit for use. Right opposite the town, which stands on
high ground, and for a mile below, the water was over a mile in width.
Families were awakened by the water rushing into their houses, and had
only time to get out when they were swept away. But for the gallantry of
the soldiers encamped on the banks of the Santa Ana, at a high bluff, many
lives would have undoubtedly been lost. One gallant fellow forded the
torrent, and swam where it was too deep to ford, with a babe in his
arms and a boy of five years old hanging to his whiskers, and brought
them safe to camp, where the matron of the hospital took care of the
little ones till the mother could be got, which was not for 24 hours
afterwards. Soon the camp was filled with women and children. The
officers gave up their tents and did everything in their power to
relieve their distress. Finally, a large tent was erected outside of
the lines for the accommodation of the unfortunate ones.
The village of Aqua Mousa [Agua Mansa], lower down the river, was
entirely swept away, and where it stood the sand is piled up five or
six feet high. Hundreds are homeless and destitute, for everything they
had was also carried off by the raging waters. On the Woppa not a
farm was left. Whole flocks of sheep were lying dead in the bed of the
river. A large portion of Roubidoux's ranch is destroyed, also his mill
on Lydell creek. The farm of Lord is destroyed and his house swept away.
Waite, formerly editor of our paper, lost his house and a portion of
his land. It is impossible to estimate the amount of damage done.
In the town not a bridge or dam has been left, and almost every house
is more or less damaged by the rain. The Court House is gone.
Our citizens turned out nobly for the benefit of the sufferers, almost
every one who could afford it subscribing liberally.
It has now cleared off, the skies have become clear again, and the river
has gone down. It will be some time before our valley recovers from the
blow it has received.
INTELLIGENCE FROM MARIPOSA--PHENOMENA.--
A correspondent of the UNION writing from Princeton, Mariposa county,
February 2d, favors us with the following interesting items:
While on the banks of the Merced river I saw on last Wednesday,
January 29th, two of the strangest sights ever witnessed, perhaps,
and not knowing that they have been noticed elsewhere, I will take
the liberty here of describing them. The first is simply that of a
fall of snow, covering the San Joaquin valley to the depth of one or
two inches. A sight flurry of snow had occurred but a day or two
previously, and that had been pronounced without precedent in the
experience of the oldest white inhabitant of the plains. This last
snow storm fairly made the habitues shudder with dread at the triumph
of such extreme northern principles. The weather moderated, however,
and the snow disappeared during the day; a south wind blowing up heavy
clouds towards the east, when at 4 P. M. the second phenomenon appeared,
viz: a seven-ribbed rainbow in the eastern clouds; seven concentric and
distinct series of prismatic colors, besides the secondary bow which
appeared outside as usual. The main or primary bow was widest and
brightest, the others being within and apparently partly behind the
first, receding and diminishing in brilliance to the seventh, which
was barely visible. Near the top of the arch where it was dimmer three
or four ribs only could be seen. The total width of the bow was perhaps
three times that of the ordinary rainbow, or some eight degrees. It
appeared like an arcade of rainbows seen in perspective, like Bayard
Taylor's hasheeish-eating visions. I have never seen any account of such
a phenomenon before, and would like to see it accounted for on optical
principles. Colored rings may be produced by pressing two pieces of plate
glass together, but then that isn't exactly a rainbow. [We would call
the particular attention of Dr. Logan to this phenomenon and hope he
will report.--EDS. UNION].
A cold blustering storm of rain and snow has again set in here,
(Princeton), but does not prevent the working of the mill and mine,
which have not been stopped since the rains commenced, a most fortunate
thing for "Las Mariposas."
About half half the Benton dam was carried away and part of the race-way
or flume. The mills were scarcely injured at all.
RAIN STORMS IN CALIFORNIA.--Alexander S. Taylor, in a recent article
on the rainy seasons in California, says that these immense rain storms
seem to return about every twenty-five or twenty-seven years, with
storms of only a medium severity at the expiration of every ten years,
by way of compromise. The first wet Winter in California, of which we
have authentic account, is that mentioned in Cabrillo'a voyage--1548-49.
In 1802-3 occurred another tremendous rain storm, and again in 1812.
In 1824-25, 1832-33, and 1842, there were still greater floods, and in
1848-49 very heavy falls of rain and snow. In 1852, the rains v»re heavy,
since when they have been comparatively light until the recent freshet,
which seems to have renewed the pluvial glories of the bygone time.
Sacramento Daily Union, Volume 22, Number 3394, 13 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION.
SENATE.
SAN FRANCISCO, February 10, 1862.
The Senate met at 11 o'clock, the Lieutenant Governor in the chair. . . .
INTRODUCTION OF BILLS. The following bills were introduced, read twice
and referred as indicated:
By Mr. CRANE.--An Act concerning roads and
highways in the county of Alameda. He moved that the rules be suspended
and the bill considered now for the reason that it was one of a local
character entirely, the object being to enable the Board of Supervisors
of Alameda county to repair roads and highways which had been rendered
impassable by the flood. The people of his county had been unable, until
within a few days, to reach this city except by small boats, and now that
the flood had subsided, the roads were left quite impassable, unfortunately,
the general law failed to meet the exigency of the case.
The Senate refused to suspend the rules--ayes, 14; noes not counted.
The bill was referred to the delegation from that district. . . .
BILLS.
Mr. QUINT, from the Tuolumne delegation, reported a substitute to Senate
Bill No. 111, relative to granting the right to construct a bridge across
the Stanislaus, at Burns' ferry. . . .
At 1:30 P. M. the Senate adjourned.
ASSEMBLY.
SAN FRANCISCO, February 10, 1862.
The SPEAKER called the House to order at 11 o'clock. . . .
REPORTS.
Mr. FAY, from the Committee on Commerce and Navigation, reported back
Senate Bill No. 95 --An Act to amend an Act to authorize the Board of
Supervisors of Sutter county to construct a bridge across Feather
river, etc.
Mr. KENDALL, from the delegations from Calaveras. Tuolumne, Mono,
Stanislaus, Merced and San Joaquin, reported back Assembly Bill No. 29
(a substitute)--An Act to grant the right to construct a bridge or
bridges across the Stanislaus river to the Stanislaus Bridge and Ferry
Company, with a favorable recommendation from all except the Calaveras
delegation.
Mr. O'BRIEN, in behalf of the Calaveras delegation, made a minority
report on the same bill, recommending its passage with certain
amendments.
Mr. GRISWOLD, from the Calaveras and Amador delegations, reported back
with amendments, Senate Bill No. 110--An Act to grant the right to
construct a bridge across the Mokelumne river at Middle Bar, to Adam
Denzler and associates. . . .
Mr. LOVE, from the Committtee [sic] on Public Buildings and Grounds,
to which was referred Senate Concurrent Resolution No. 25--relating to
the erection of a State Capitol [calling for certain information],
reported in favor of the immediate passage of the resolution. Placed
on file.
On motion of Mr. TILTON; of San Francisco, the
Committee on Agriculture had leave to withdraw the report made on Saturday
in favor of the passage of Assembly Bill No. 68--An Act for the better
protection of farmers, and for regulating the herding of stock. [The
Committee had agreed to report the bill without recommendation, but
through a misapprehension it was reported favorably by Mr. Moore.]
BILLS INTRODUCED.
. . . .
By Mr. MORRISON--An Act to provide for the reclamation of the swamp
and overflowed lands of this State, by the construction of levees,
canals, floodgates, etc. and to provide for the employment of convict
labor. To the Committee on Swamp and Overflowed Lands, and ordered printed.
Mr. MORRISON said he had labored carefully in drawing up this bill,
with the aid of scientific men, but he did not think it was perfect.
It contained some novel features, and related to a subject of the greatest
magnitude, since about six millions of acres of the best portion of
the State were now submerged. Unless a proper system of reclamation of
those lands was adopted, the State was in danger of becoming a barren
waste. He hoped, therefore, the bill would receive proper attention. . . .
By Mr. WILCOXON --An Act to authorize the Board of Supervisors of
Sutter county to levy a special tax for the repair of the Court House
in said county. Placed on file. . . .
THIRD READING OF BILLS. . . .
Senate Bill No. 95--An Act to amend an Act to authorize the Board of
Supervisors to construct a bridge across Feather river, etc.--was passed. . . .
At 3:15 o'clock the House adjourned.
SACRAMENTO, Thursday--3 A. M.
The San Francisco boat has not yet arrived, and we are therefore without
the Legislative proceedings of yesterday. . . .
p. 2
NEWS OF THE MORNING.
. . . .
Legislative proceedings of two days will be noticed in our issue today,
the steamer not having arrived yesterday morning from San Francisco in
season to have the legislative reports in the issue of that day. . . .
Our dispatch from San Francisco speaks of a flood which has visited a
section of that city. . . .
LEGISLATIVE PROCEEDINGS OF TUESDAY.
In the Assembly, on Tuesday, . . . .
The Special Committee appointed to report some plan for facilitating
communication between the Legislature and the State officers, made
their report, stating that Wells, Fargo & Co. would carry all messages
and other matter for one or both Houses for S350 per month, but
recommending that the Assembly appoint two Messengers at $8 each per
day, to be in the constant service of the House. After some debate,
the report was rejected, only nineteen voting for its adoption. Members
had found communication by mail and express convenient and reliable,
and no .messengers seemed necessary.. . . .
The bill to authorize the construction of a bridge across the Mokelumne
river and Middle Bar, was under consideration during the most of the
day's session.
RABEL'S TANNERY.--The following statement signed by James Beardslee,
F. Rabel, and W. C. Hopping, residing in the neighborhood of the tannery,
has been placed in onr hands. We understand from one of the signers that
they make no objection to their earth being used for repairs in the levee.
Our publication was predicated on information obtained from the Committee:
In the Bee of a late date it is given as a reason why the
Committee decline to repair the levee break on the American river, that
the owners of the land refuse to let their earth be used. Now, we who
own most of the river front in the vicinity of the crevasse, desire it
understood that the assertion is entirely incorrect and unfounded,
inasmuch as they have not been applied to or conversed with on the
subject by the Committee.
In the UNION of the 11th, also, the editor gives a list of acts of
annoyances to the Committee, which justifies them in declining to
repair the breach. We regret that the editor, in making charges so
disreputable, had not given names instead of slurring a whole
neighborhood. We profess to be no less patriotic and public-spirited
than our fellow citizens of the community. . . .
BY TELEGRAPH TO THE UNION
A Small Flood--Late from China--Rebel Success--American Vessels--Land Surveys--Accident--The Sacramento--Racing Match.
SAN FRANCISCO, Feb. 12th.
A large pond of water accumulated above the intersection of Turk and
Jones streets broke over Jones street at two o'clock this morning,
pouring a torrent into St. Ann's valley, flooding the basements of
all the houses therein. One person has been arrested charged with
digging the outlet. The space bounded by Mason, Turk, Taylor and Eddy
streets is submerged by water five feet deep in some places. Crowds of
people have visited the place to-day. . . .
p. 3
CITY INTELLIGENCE.
VOLUNTEER WORK ON THE LEVEES.--The members of the Committee of Safety
have decided to commence work to-morrow morning at Rabel's tannery
with such Volunteer force as shall be on hand and ready to aid in
closing up the crevasse at that point. Any who are ready to labor
themselves or to furnish teams are requested to leave their names at
Figg's store, J street, below Third, or with any member of the Committee,
or to be on the ground ready for work at an early hour to-morrow morning.
The property holders in the neighborhood stats that there will be no
difficulty in procuring material with which to build the levee, and the
Committee will be prepared to furnish food and implements to all who
will work. If the right spirit is shown, it is believed that the tannery
and Burns slough may both be made safe from any moderate flood by voluntary
labor. In the manner proposed, all who are in earnest in their desire to
make the city secure can contribute, practically, to that end. Men ought
to do a few days hard work, and those will, no doubt, who do not rely
upon physical labor for a living. It is not the intention of the members
of the Committee to spend the money now in their hands for the repairs
referred to, so that if this experiment shall fail the work will not be
done until the Legislature has settled upon and legalized a plan for its
accomplishment. . . . .
CLOSED UP AND OPENED.--Some two or three days ago the drain on Eighth
street, which crosses J, was closed up at the alley near Protection
engine house, by parties in the neighborhood, for the purpose of making
a passage for wagons along Eighth street. The result was a rise in the
water of the flooded portion of the town north of J street, of eight or
ten inches. Yesterday several men from the St. Louis Stable and Illinois
Stable on the plaza, and one or two blacksmith shops in the neighborhood,
repaired to the spot and reopened the drain and build a bridge across it.
All parties are thereby accommodated; teams are no longer obstructed on
the street by water in the canal.
NARROW ESCAPE.--At about 4 o'clock on Wednesday forenoon an accident
happened at the ferry near the fort, which came near resulting fatally
to those concerned. Mrs. Holmes, wife of Jack Holmes of the Lake House,
with a hired man were coming into the city with a two-horse buggy.
As they approached the slough the horses became frightened, and rushed
on to and entirely over the ferry boat, plunging with buggy and passengers
into the water. Mrs. Holmes fell between the two horses and was carried
under several times. A small boat was quickly manned, and she and the
driver were extricated from their critical position. One of the horses
was drowned and the other was saved. . . .
INSOLVENCY.-- . . . . J.W.Richmond also filed a similar petition. He has
been engaged in this city and county for several years in the broom making
business; and more recently in the milk and dairy business. He met
with heavy losses during the late flood by the drowning of cows, etc.,
and from other causes. His losses are given at about $7,300; his
liabilities at about $6,000, and his assets, chiefly exempt from
execution, at about $1,600. . . .
CAN'T USE IT.--The agents of the railroad company are unable to use
the pile driver brought up from San Francisco in the work of repairing
the road, on account of the water having become so shallow along the
line of: Q street that it cannot float. The piles will all probably be
driven by the apparatus already at work. . . .
PICKED UP.--A trunk was picked up during the late flood by J. S.
Harbison, at his ranch below Sutterville, which contained ladies'
clothing. Letters in the trunk were addressed to "Mrs. Leman," which
it is supposed is the name of the owner.
THE RIVER.--The Sacramento had fallen last evening to about 18 feet
7 inches above low water mark. It is falling so low that there is good
room to hope that we shall have no Spring storms sufficiently heavy to
swell it again above the level of our streets.
NEW FERRY STARTED.--A new ferry boat, at Live Oak City, has been started
within a few days. It takes the place of Putnam's bridge, which was
carried off by the late flood. . . .
STILL WEARING AWAY.--The Sacramento levee, above R street, continues
to wash away with considerable rapidity, notwithstanding the falling
of the river. Before another rise takes place it should receive attention. . . .
CHAIN GANG.--The chain gang, under overseers Dreman and Long, has been
at work for several days in repairing First street, above the Gas Works.
The work will be finished to-day. . . .
SAN FRANCISCO RELIEF COMMITTEE.--During the past week some twenty
families have been provided with comfortable quarters, and all the
single men who have applied for relief have been furnished with work
by the Committee. Arrangements are nearly perfected by which sufferers
can be accommodated to better advantage to themselves and at less expense
to the Committee. All male sufferers by the flood can find work
immediately, we are told by calling at the Committee's rooms. The
contributions continue to come in, but not as rapidly as could be
wished, as there is much yet to be
done.--Bulletin, Feb. 10th. . . .
Sacramento Daily Union, Volume 22, Number 3395, 14 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION. .
SENATE.
SAN FRANCISCO, Feb. 11, 1862.
The Senate met at the usual hour, . . .
REPORTS . . .
Mr. CHAMBERLAIN, from the Committee on Agriculture, to whom was
referred Senate Bill No. 84--An Act to amend an Act preventing the
trespassing of animals upon private property--reported back an amendment
including the county of Monterey, at the request of the delegation
of that county. The bill was referred to the Committee on Judiciary. . . .
Mr. CRANE, from the Committee to whom was referred Senate Bill
No. 118--An Act concerning roads and highways in Alameda county--reported
that the roads in said county were in a ruinous condition, having been
washed away by the flood, and the bridges destroyed; and it was not
possible to repair the roads and rebuild the bridges without taking
the action contemplated by this Act. . . .
GENERAL FILE.
The Senate proceeded to consider bills on the general file. . . .
Senate Bill No. 111--An Act to grant the right to construct a bridge
across Stanislaus river, at Burns' Ferry, was also ordered to its
third reading. . . .
At 3:15 P. M. the Senate adjourned.
ASSEMBLY.
SAN FRANCISCO, February 11, 1862.
The Speaker called the House to order at eleven o'clock. . . .
LEGISLATIVE MESSENGERS.
Mr. IRWIN, from the Select Committee on the subject of messengers to
transact the business of the House with the State officers in Sacramento,
etc., submitted the report of the Committee. The Committee say they cannot
recommend the adoption of the resolution authorizing the Speaker of the
House and President of the Senate to appoint messengers whenever business
shall demand their services, but state no ground of objection to that
resolution. The Committee received a proposition from Wells, Fargo
& Co. to transact all the business of the House, its Committees and
members with the public officers and State Library for $350 per month,
their messengers to be placed under oath whenever desired; and also
considered the proposition that the House appoint two messengers. They
are of opinion that the latter plan has advantages over the proposition
of Wells, Fargo & Co. which more than compensate for the additional cost
of $130 per month. Two messengers at $8 per day, would cost $480 per
month, but they could give superior attention to their business; having
nothing else to attend to, and being able to spend their whole time while
in the city in the building where the Assembly meets, and where members
can have access to them at all times. The Committee therefore recommend
the appointment of two messengers for the Assembly, and that they be
required to give bonds in $10,000 each for the faithful performance of
their duties the bonds to be approved by the Speaker.
The question was stated on the adoption of the report.
Mr. COLLINS asked what would be the effect of its adoption.
The SPEAKER said the House would thereby vote to appoint two messengers,
but the time and manner of appointment would remain open.
Mr. TILTON of San Francisco, made an explanation of the report, in which
be said the Express Company would only hang up a letter bag, while if
the House appointed its own messengers they could have a room in the
building, and the members could be in constant communication with them.
The Committee reported in favor of employing two at once, rather than to
waste time in debate about the other.
Mr. HOAG inquired if the messengers could not do the business of both
Houses just as well as of one.
Mr. TILTON replied that the Committee was unanimously of the opinion
that the House should do its own business independently of the Senate.
M. HOAG insisted that it would be a pecuniary advantage to have but one
set of messengers for both Houses.
Mr. CUNNARD said there was no necessity for having more than one
messenger, but it seemed that it was deemed necessary to appoint two
so as to satisfy both parties. He thought it was time to stop business
if it had come to that pass that they must appoint more attaches than
they wanted for the sake of pacifying parties.
Mr. REED said he was in favor of the proposition of Wells, Fargo & Co.
They could transact the business with as much facility as special
messengers, and at a less cost. The only objection was the anxiety
of some members to get places for their friends, and he was down on
the zeal manifested by some members in hunting up places and pettifogging
friends into place.
Mr. DENNIS said as he was the introducer ef the original resolution,
he supposed the geatieman's remarks must be aimed directly or indirectly
at him. but if so the gentleman was entirely mistaken. He had no
acquaintance with one of those gentlemen named in his resolution till
about a week ago, although he was a resident of his (Dennis) county.
He thought it would be a great convenience to employ special messengers.
Mr. AVERY said he had seen no necessity for the office of messenger thus
far, and believed members got books or whatever else they wanted from
the Capital, by Wells, Fargo & Co. or by mail without any difficulty.
Mr. BROWN opposed the report, and said it was time all attempts of this
kind to get men into places was stopped. He therefore moved to postpone
the report indefinitely.
Mr. O'BRIEN said, inasmuch as a respectable Committee of five intelligent
members appointed to investigate this vexed question, had reported that
messengers were necessary, he was willing to abide by thelr judgment.
Mr. WATSON demanded the previous question, which was sustained, but the
Speaker decided that the previous question only applied to the motion
to postpone indefinitely.
The ayes and noes were demanded, and the motion to postpone was
lost--ayes 32, noes--36.
Mr. FAY moved to recommit the report, with instructions to the Committee
to arrange with Wells, Fargo & Co. for the transaction of the mesenger
business for the Legislature.
Mr. BELL moved to amend by instructing the Committee to report in
favor of the appointment of one messenger by the presiding officer
of each House.
Mr. HOAG said, in the course of further discussion, that he was informed
that messengers would have to pay their passage by steamer, and the
usual rate for whatever freight they carried. If Wells, Fargo & Co.
were employed, there would be no such charge against the House.
Mr. FAY suggested that if the fare was raised the messengers would bring
in relief bills.
Mr. DENNIS said he understood Wells, Fargo & Co. proposed to do the
business for both houses for the price named by them.
Mr. TILTON of San Francisco assented.
Mr. BELL's amendment was rejected.
Mr. MEYERS advocated Mr. Fay's proposition, which, after further talk,
was also rejected.
The vote was taken under the operation of the previous question on the
adoption of the report, and resulted thus:
Ayes--Campbell, Dean, Dennis, Frasier, Griswold, Kendall, McAllister,
O'Brien, Parker, Reeve, Sargent, Shannon, Smith of Sierra, Teegarden,
Thornbury, Waddell, Wilcoxon, Woodman, Worthington--19.
Noes--Amerige, Ames, Avery, Barton of Sacramento, Barton of San
Bernardino, Battles, Bigelow, Brown, Collins, Cot, Cunnard, Dow, Dudley
of Placer, Dudley of Solano, Eagar, Fay, Hillyer, Hoag, Hoffman, Jackson,
Loewy, Love, Maclay, Meyers, Moore, Morrison, Porter, Printy, Reed,
Reese, Seaton, Smith of Fresno, Thompson of Tehama, Thompson of San
Joaquin, Van Zandt, Watson, Wright, Yule, Zuck--39.
So the report was rejected. . . .
BILLS INTRODUCED.
Bills of the following titles were introduced, read twice and referred
as indicated: . . .
By Mr. DUDLEY of Placer--Act to authorize the Governor of the State
to reside and keep his office in the city of San Francisco during
the. thirteenth session of the Legislature, in the year 1862, and to
fix his place of residence and office thereafter [at Sarcamento]. To
the Committee on Ways and Means.
Mr. DUDLEY, in introducing the bill, said he really hoped that all
asperities that had arisen on account of the unfortunate condition
of Sacramento, which had caused the removal of the Legislature to
San Francisco, would be laid aside, and they would pass this very
necessary bill authorizing the Governor to reside in San Francisco
without opposition. It struck him as a very remarkable fact that since
this body had been here it had not received a single Act. word or deed
of recognition from the Chief Magistrate of the State. He hoped there
was nothing behind that fact, but at all events a bill of this character
could do no harm, as it would tend to legalize and strengthen their Acts,
and would be an accommodation to the Governor.
Mr. WARWICK attempted to address the House on the subject, but
Mr. Tilton of San Francisco called him to order, on the ground that
no question was before the House, and the point of order was sustained. . . .
DENZLER'S BRIDGE.
The House took up Senate Bill No. 110--An Act to grant the right to
construct a bridge across the Mokelumne river at Middle Bar to Adam
Denzler and his associates.
Several slight amendments were adopted.
Mr. HOAG proposed further amendments, and the amendments being rejected,
strenuously opposed the bill as granting too many privileges to the bridge
company at the expense of the traveling public.
Mr. O'BRIEN replied, contending that the bill was carefully guarded in
its provisions, placing the bridge under the operation of the general
law and giving the county the right to purchase it at the end of five
years.
After a protracted discussion, in which several others participated,
the bill was passed. . . .
Assembly Bill No. 66--An Act to grant the right to construct a bridge
or bridges across the Stanislaus river to the Stanislaus Bridge and
Ferry Company--was taken up, and pending a motion to make it the special
order for to-morrow at one o'clock--
The House, at five minutes before three o'clock, adjourned. . . .
SAN BUENAVENTURA.--A private letter from San Buenaventura, February 7th,
to the Alta, states that two persons, named Baxter and Hewitt met with
difficulty in crossing the Santa Clara river, the latter being drowned
and the former having a narrow escape. The whole of San Buenaventura
was destroyed by the flood, the town being under water, from one to four
feet deep. It rose with great rapidity, attaining a hight of forty inches
in as many minutes. Every adobe wall in town went down with a crash:
houses fell in all directions, and a general stampede ensued. The canon
became a whirlpool with the waters, driftwood, etc. At the copper mine,
adjacent to the San Buenaventura, nearly everything was destroyed--wood,
tools, ore and earth, are mixed up in inextricable confusion. . . .
p. 2
NEWS OF THE MORNING.
. . .The Howard Society of this city has received for the flood sufferers
$300 from the benefit given by the French Benevolent Society.
The Committee of Safety will commence operations in repairing the break
at Rabel's tannery to-day. It is expected that a large force will be in
readiness to engage in this much needed work.
Colby's bridge, on J street, will be opened today for travel.
LEGISLATIVE PROCEEDINGS OF WEDNESDAY.
The most important business transacted in the Legislature on Wednesday
was the adoption by both houses of the following concurrent resolutions:
WHEREAS, It is reported that the Finance Committee of the House of
Representatives have stricken out the appropriation for the California
Overland Mail service for inefficiency of service and for economy;
therefore
Resolved by the Senate, the Assembly concuring, That the Daily
Overland Mail is of vital importance to the people of the Pacific coast;
that in the event of a war with a European power (which is not improbable)
the overland would be our only secure route for the transportation of
mails, passengers and treasure; that the late interruption occasioned
by floods of unprecedented severity should not operate to the prejudice
of the present route.
Resolved, That the Dally Overland Mail Company's numerous stations are
a necessity to the continuance of the Overland Telegraph, which cannot
be kept in order through a long stretch of uninhabited country without
the aid rendered by the Overland Mail Company.
Resolved, That our Senators be instructed and our Representatives be
requested to use their strongest exertions to induce the Federal
Government to transfer from the Overland route all printed postal
matter, other than the letter mail, to a steamship by way of the
isthmus of Panama, And that the schedule time for the letter mail
across the continent be reduced to sixteen days, from the 1st of
May to the 1st of November, and twenty-three days from the 1st of
November to the 1st of May, and in addition to this service that the
Pony Express be restored.
The Mail Agent for this State desired to take with him to Washington
an expression of the Legislature upon this most important subject.
The Republicans of California should labor hard to prevent the National
Administration from repeating the offenses committed by Cotton State
politicians for so many years, in this matter of communication between
California and her sister States. If the party now in power refuses
to continue the Overland mail service, its supporters in this State
will have some up-hill fights to make hereafter. . . .
In the Assembly, on the same day, . . .
A long debate over a bill granting a bridge franchise in Tuoiumne county,
consumed most of the day. . . .
ADVANCING SLOWLY.
It may be possible that the Legislature is preparing in Committee the
business of the session, but, so far, the evidence of labor performed
is very limited. Not a single Act of a general nature has been passed;
we believe that about the only bill presented to the Governor for his
approval is the one authorizing a bridge to be built at Folsom. . . .
Somebody, too, will be called upon to answer for adjourning from the
Capital to San Francisco when the business of the people could have
been much more economically transacted in Sacramento. It is time for
members who claim to be in favor of reform to manifest their faith by
their works. . . .
The adjournment has added considerably to the legislative expenditures,
and we remember no instance in which a retrenchment has been effected.
Situated as the people now are, they demand a short and an economical
session, and they will be satisfied with no other. They will not accept
as an apology for a long and costly one that the business of the State
could not be transacted in a short time. They know that such is not the
fact; they know that had the members determined to finish the business
of the State and adjourn, that it could have been done as easily in sixty
days as in a hundred and twenty. All the Acts demanded by the public
interest could have been perfected and enacted into laws had the
Legislature remained at the Capital, before the first of February--in
truth the work might have been done in four weeks from the day the
Legislature convened. But unless there is a great improvement in the
progress of doing business the session must extend into May. . . .
DAMAGE AT EL DORADO.--A correspondent of the UNION at El Dorado,
county of El Dorado, February 11th, says:
Things are looking better up this way. Every one is at work. The plow
is turning over the soil, trees are being planted, and miners are doing
better than they hare been for some time. Money will soon be more
plenty, judging from the amount of dust shipped from here during the
last ten days. . . .
Cigar Speculation--Overland Letters--The Flood--Benefit for the Flood
Sufferers--The Price Surrender.
SAN FRANCISCO, Feb. 13th. . . .
The water is gradually falling in St. Ann's valley. The damage to walls
and furniture by the flood has been considerable.
The late benefit given for the flood sufferers at the American Theater
by the French Benevolent Society netted $1,000--$700 of which was
paid over to the Samaritan Society, and $300 sent to the Howard
Society at Sacramento.
LEVEE REPAIRS.--Every man in this city, and every man in the section
of country south of this, is interested deeply in having the Spring
floods of the American kept from passing through or east of the city.
The closing immediately of the breaks in the levee on the American is,
therefore, an undertaking which should receive the universal support of
the community. The Committee of citizens has determined to go forward
with the job, provided men will volunteer to do the work. The Committee
will furnish board and tools for all who may volunteer, though where men
have tools, they may or will use their own. Owners of teams, too, can do
their country a service by having them on the ground. In two weeks the
American can be shut out permanently, and who is there in this community
who would not give two weeks work to accomplish an end so desirable?
We heard a man in his seventieth year say, a few days since, that he had
been driven from his home twice by water--that he had no property of
consequence to be protected; but that he felt interest enough in
Sacramento to give one month's work toward building the levee, and if
he did not do as much work as any of the young men, he would give two
months time. This was manifesting the right spirit, and we expect to
see hundreds exhibit a similar spirit to-day, and present themselves on
the field of labor designated by the Committee. The farmers, too, living
below the city, should come up and put in a few days' work to save their
farms from a Spring overflow. High water in April and May will be vastly
more destructive to vegetation, fruit trees and crops than high water in
December and January. Where fruit trees have not been destroyed by
deposits of sand and mud, they are not yet seriously injured by the
water. Those who cannot go themselves should send a man. We heard quite
a number of citizens, yesterday, pledge themselves to be on hand this
morning, or send a substitute. With a strong force, the break at Rabel's
can be repaired in a week, and the city insured against water from that
source for the remainder of the season, Another week would suffice for
closing Burns' slough, and the people would then be prepared for grappling
with the crevasse below R street No better season nor better weather can
be asked for putting up good levees. That levee this side of the Tivoli,
which has stood so well, was built in midwinter in 1853. If we had such a
levee around the city we might consider ourselves pretty safe, though it
is not as high as it should be, as the water came within a foot of the
top during the high flood. It has not been touched in the way of
repairing it since the year it was built.
We repeat that it is the duty of every Sacramentan to lend a hand to
complete this necessary work of repairing the levee on the American.
Self-protection is said to be the first law of nature, and in obedience
to this law, let the people of this city and surrounding country turn
out and render their assistance to rebuild the levees. . . .
[For the Union.]
THE FLOODING OF CORTES SQUARE.
MARYSVILLE, February 12, 1862.
MESSRS. EDITORS: I again crave a space in your columns to defend my
veracity, and to reply to the "malignant and bitter " abuse of the
Marysville Daily Appeal. I should care very little for anything
it might say about me, if it had not pronounced a statement in the
UNION, written by me, untrue. I said that Cortes Square in this city
"was twice flooded during the Winter." The Appeal replied,
"it is simply false."
I leave it to any candid reader, does not the Appeal thereby
convey the impression that the Square was not flooded at all? It denies,
in toto, my statement, and does not explain that the land was flooded
once. In the UNION, I then said, "I now reiterate my statement. I know
that it is true, because I saw," etc., etc. The Appeal, with
extraordinary perception, discovers that I have backed down, because I
did not use the word "twice" in my reiteration! No one questions the fact
that the Square was flooded in January, and the Appeal admits
that "on the December flood the water stood in some of the low alleys and
little paths," etc. If this were so, the flower beds would also have
been flooded, for in many places they are lower than the paths that
border them. With a bold attempt at misrepresentation, the Appeal
adds: "One could walk from C street into the main entrance [of the
Pavilion, situated in the center --COR.] dry shod," during the December
flood. To the members of the Legislature (to influence whom the articles
in the Appeal were probably written), this would seem convincing.
But here again, a knowledge of the facts is of some avail to explain
matters. The walk leading to the main entrance of the Pavilion is of
brick--the only brick walk in the Square--and is nearly a foot higher
than the ground it crosses. The ground adjoining it might have been
completely covered with water (as it was, twice), and still the walk
be high and dry. When reading the articles in the Appeal, I can
truthfully exclaim . "Faith, here's an equivocator;" and I am led to
ask, "What trick, what device, what startling hole, canst thou now find
out to hide thee from this open and apparent shame"--for it is a shame
in a public journal, to equivocate facts in order to create a false
impression.
The gardener of Cortes Square has said to me that during the flood of
January the water was two feet deep all over it, and three feet in
some places. He also says that the water was seven inches higher then
than in December. This would leave quite a depth for the first flood.
As I sailed along a street bordering on Cortes square during both floods,
and had an opportunity to see for myself, I have no hesitation in saying
that I believe the statement of Mr. Cass to be mainly correct.
The water entered Cortes Square from the east, and entirely crossed it
so as to touch the sidewalk on the west. As the sidewalks are about six
inches higher than the sqaare, and as water will find its level, it is
fair to presume that the water was at least six inches deep during the
first flood. I have no doubt the articles in the Appeal were
written by the local of that journal. If my supposition is correct, it
only proves what many have before thought: his particular kind of
talents are much better fitted for making low puns and conundrums than
for writing editorials for a leading public journal.
A gentleman--an
educated, accomplished, scientific gentleman, but who, much to his
disgust, was beaten for County Surveyor at our last election by an
inexperienced young man--of this city, ventilates himself upon this
question in this morning's papers. Not a word says he of the December
flood, while the inferences from his observations all prove that Cortes
Square was flooded by it, yet the Appeal publishes it. I had
scarcely expected such frankness on their part; they do not often let
both sides of the controversy be heard through their columns. This
gentleman is desirous of knowing how my property would be damaged by
having the Capital here. That is the argument. Never mind the interests
of the State; never mind the expense; never mind the right or justice
of the matter; we must hare the Capital, it would benefit our
property so much! Thus reason the removalists, but I cannot agree with
them. It has been agreed that Sacramento is the best place for the
Capital, and the misfortunes of the past Winter have not altered the
case. If it was decided to remove the Capital there would be no warmer
advocate of the claims and advantages of Marysville than myself; but
the attempt to take advantage of the crippled condition of Sacramento
to injure that city is unworthy of honorable men. It is too much like
striking a man when he is down, to win my support, or the support of
the majority of her citizens. I deny having misrepresented this city.
My home is here and my interests are here; but the welfare of the State
is of more concern to me than what little property I own.
For shame upon the conductors of that journal, who, while continually
professing friendship for sufferers by the floods, are secretly striving
to strike a fatal blow at a city which has suffered more than any other.
PUBLICOLA.
SUFFERERS BY THE FLOODS
should call and buy their Groceries and Provisions at 94 K street, corner of Fourth, of
fel4-1m1stp FELTER.
p. 3
CITY INTELLIGENCE.
CORONER'S INQUEST.--At about noon yesterday, John F. Lynch and R. Ross,
discovered a dead body in the water near the lower point of the ridge of
land on which the City Cemetery is located. During the afternoon Coroner
Reeves held an inquest over the body, Isaac Brown, C. Harvey, Napoleon
Rochon, Frank Leibling, George Jarvis, and B. H. Shumacher acting as
jurors. J. F. Lynch testified to the finding of the body, but knew nothing
as to the cause of death. The deceased had about his person a Bible,
bound in morocco, with a gilt cross on both sides; a four bladed white
handled knife; a buckskin purse and clasp; a five cent piece; a Chinese
coin; a locket with the figures "72" engraved on the inside, a teaspoon
and two pipes. The deceased was about 5 feet 8 inches high, rather heavy
built, with black hair and sandy whiskers. He appeared to have been of
Irish birth, between thirty and forty years of age, and was dressed in
coarse dark cloth coat, dark pants and vest, and gray woollen shirt and
drawers. The body had been in the water several weeks. R Ross confirmed
the testimony of the above named witness. The jury returned a verdict to
the effect that the body was that of a white man, between thirty and forty
years of age--the name, time and cause of death being unknown to the jury.
Probable cause of death, drowning. . . .
NEW BOAT CLUB.--A meeting of boatmen was held last evening at Mack's
Saloon, Sixth and M streets, for the purpose of forming a boat club, for
the better regulation of boat charges between the city and Poverty Ridge.
The club was organized, and the following officers were elected: President,
D. McLaughlin; Secretary, J. T. Enright; Treasurer, H. Pierce. The club
fixed upon one dollur as the price of passage to or from the Ridge, and
selected Fifth and L and Sixth and M as the starting points from the city.
In consequence of the sand bars between the city and the Ridge, passengers
will be compelled to leave the boat several times and walk a block or more,
and then take another boat. By the arrangement of the club, through tickets
will be given at each end of the route. The cars from Folsom are expected
to come in with passengers as far as Poverty Ridge to-day, and until the
road is completed.
ODD FELLOWS' RELIEF.--Donations have been received by.the General Relief
Committee, I. O. O. F., of this city, from the following named Lodges of
the Order: California No. 1, San Francisco, $100; Harmony No. 13, San
Francisco, $100; Templar No. 17, San Francisco, $100; Bay City No. 71,
San Francisco, $150; Magnolia No. 29, San Francisco; $25; Charity No. 6,
Stockton, $200; Mountain Rose No. 26, Rough and Ready, $50; Placer No. 38,
lowa Hill, $220; San Juan No. 67, San Juan, $50; Franklin No. 74,
Placerville, $75; Olive No. 81, Dutch Flat, $100; Olive Branch Encampment
No. 9, $25--total, $1,195. From Lodges in this city: Sacramento No. 2,
$300; Eureka No. 4, $150; El Dorado No 8, $150; Capital No. 87, $200--total,
$800. Whole amount received, $1,995. . . .
EARTH IN DEMAND.--Several men, with a team, commenced on Wednesday to
load up for the purpose of hauling off earth from the embankment near
the site of Wilson's mill, at the mouth of the American. The property
holders in the vicinity, who believe the safety of their property to
be endangered by cutting away the bank, objected. The workmen claimed
to have been sent there by the Committee of Safety, but finally desisted.
In the eastern portion of the city, where there are sand bars three, four
and five feet deep, there is an abundant supply of earth for all the
immediate demands of the community. . . .
RAILROAD REPAIRS.--The pile-driver on the R street Railroad had progressed
yesterday afternoon as far east as Seventh street. There was but little
work to do between that point and Tenth street. From Tenth to Sixteenth
street the embankment requires filling up before the track can be laid
down. Some thirty men were engaged yesterday at this portion of the work,
taking the earth from the side of the bank. The work, it is thought, will
be complete to Poverty Ridge in about ten days.
COLBY'S BRIDGE.--Colby's bridge across the slough at the Fort will be open
for travel today. The proprietor has purchased the lumber for constructing
bridges over each of the cuts across J street near Fourteenth and Fifteenth
streets. There are seven or eight of these cuts, and when bridged the
street will be passable for heavily loaded teams.
THE VOLUNTEER WORK.--The volunteer work of repairing the levee at the
tannery is expected to commence this morning. A number of names were
enrolled at Figg's store yesterday, and many who have not given in their
names have expresssed [sic] their intention to be present and "participate
in the proceedings of the meeting." . . .
THE WATER.--A lively current of water at the present time comes into the
city at the openings through R Street near Fifth and creates a channel
running to the east, and passing out again at Tenth street. The only
water which comes into the city at present enters from the Sacramento
through the crevasse below R street. . . .
Sacramento Daily Union, Volume 22, Number 3396, 15 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION.
SENATE.
SAN FRANCISCO, February 12, 1862.
The LIEUTENANT GOVERNOR called the Senate to order at 11 o'clock, . . .
OVERLAND MAIL.
Mr. MERRITT asked leave to make a motion. He observed by the telegraphic
dispatches from the East that the Finance Committee of the House of
Representatives had stricken out the appropriation for the Overland
Mail, upon the score of inefficiency of service and as a matter of
economy. Some resolutions on the subject had passed the House. A
gentleman connected with the line informed him that he would leave
for the Eastern States to-morrow, and desired that the interests of
California should be indicated by the passage of such resolutions as
might be deemed proper. He moved that the resolutions from the Assembly
be taken up and considered now.
The motion was agreed to, but the resolutions had strayed away from
the Clerk's desk.
Mr. MERRITT then offered the following:
WHEREAS, It is reported that the Finance Committee of the House of
Representatives have stricken out the appropriation for the Overland
Mail service, for inefficiency of service and for economy: therefore,
Resolved, by the Senate, the Assembly concurring, That the Daily
Overland Mail is of vital importance to the people of the Pacific coast;
that in the event of a war with a European Power (which is not improbable)
would be our only secure route for the transportation of mails, passengers
and treasure; that the late interruption occasioned by floods of
uninterrupted severity, should not operate to the prejudice of the present
route.
Resolved, That the Daily Overland Mail Company's numerous stations
are a necessity to the continuance of the Overland Telegraph, which cannot
be kept in order through a long stretch of uninhabited country without
the aid rendered by the Overland Mail Company.
Resolved, That our Senators be instructed, and our Representatives
requested, to use their strongest exertions to induce the Federal
Government to transfer from the Overland route all printed postal
matter, other than the letter mail, to a steamship line by way of
the Isthmus of Panama, and that the schedule time for the latter mail
across the continent be reduced to sixteen days from the 1st of May to
the 1st of November, and twentv-three days from the 1st of November to
the 1st of May--and in addition to this service that the Pony Express be
restored.
Mr. MERRITT said the latter resolution, relating to the change of schedule
time, he understood from good authority, the Overland Mail Company were
willing to accede to. The storms of the season had been very great along
the route, but the mail had nevertheless been tolerably regular. He
predicted that we should probably not have another such a Winter in
ten years. The telegraph would probably be inefficient at some time when
it was needed, unless protected by a regiment or so of troops--judging from
the way they did things in military affairs now--which would cost a million
dollars or more. He understood the Company were willing to reduce the
expense to the sum of $250,000, if the printed matter were put on the Pony
Express. It was superfluous to talk about the necessity of this Overland
Mail.
Mr. SHURTLIFF thought the resolutions were a little too sweeping in
relation. He suggested that daily papers, or merchants, might desire
to have printed matter come by the letter mail. He offered several slight
amendments which were accepted by Mr. Merritt.
[ Mr. MERRITT in the Chair.]
Mr. PORTER moved to strikeout so much as related to the transportation
of mail by the steamship line, and also that portion which relates to
the Pony Express. He thought it unfair that the people of California
should request the General Government to spend the amount of money they
had been spending for this mail service. It far exceeded the amount of
the Federal tax we had
to pay for the support of the war. California had been a standing
expense to the Government, and been petted too much. With the conveniences
afforded by the Overland Mail, he would cheerfully refrain from asking
anything further.
As the amendment failed to reach the President's desk, the resolutions
were adopted in the shape that they were offered. . . .
BILLS INTRODUCED. . . .
Mr. LEWIS (on leave) reported from the Amador and Calaveras delegation
a substitute to Senate Bill No 55--An Act granting the right to construct
a bridge across the Mokeiumne river at Big Bar, to Lewis Soyer and others,
which was placed on file. . . .
By Mr. DE LONG--An Act for the relief of certain persons who have suffered
by the late flood. To the Special Committee, to whom was referred the petition of Thomas Mooney. . . .
At five minutes before four o'clock, the Senate adjourned.
ASSEMBLY.
SAN FRANCISCO. February 12, 1862.
The Speaker called the House to order at eleven o'clock. . . .
REPORTS.
Mr. MOORE, from the Committee on Agriculture, reported back Senate Bill
No. 62--An Act for the better protection of farmers, etc. . . .
GENERAL FILE AND THIRD READING OF BILLS.
Assembly Bill No. 88--An Act to authorize the Board of Supervisors of
Sutter county to levy a special tax for repairing the Court House, was
ordered engrossed. . . .
OVERLAND MAIL ROUTES.
Mr. PORTER said a concurrent resolution, adopted by the Senate to-day
had come in from the Senate, relating to the subject of the Overland
Mail service. He had been told that the Mail Agent had been ordered
to Washington to communicate with the Department there, and would leave
to-morrow. He desired to have the resolution acted upon before his
departure, and if in order, he would move to take up the resolution
immediately.
The motion prevailed, and the Senate concurrent resolution relating to
the Overland Mail service was taken up, read and adopted, in concurrence. . . .
STANISLAUS BRIDGE.
Under the order of unfinished business, the House took up Assembly Bill
No. 66--An Act to grant the right to construct a bridge or bridges across
the Stanislaus river to the Stanislaus Bridge and Ferry Company.
The amendments reported by Mr. O'Brien in behalf of the minority of the
delegations were read. They reduce the term or the franchise from
twenty-five to twenty years, require the Company to build a bridge at
Two Mile Bar within two years, gives the Board of Supervisors power to
regulate tolls annually, etc, and bring the bridge Company under the
operation of the general law.
Mr. O'BRIEN moved the adoption of the amendments, and said be only
desired to see the bill properly guarded. The bill now gave the
Company the bridge franchise at Middle Bar, without requiring them ever
to build that bridge, and he thought it looked like a huge
monopyly [sic]. They would build their bridge at Knight's Ferry and
prevent any one from building the one at Two Mile Bar, which might
compete with them. He was opposed to monopolies.
Mr. KENDALL opposed the amendments and said it was remarkable that the
bill was only opposed by persons living this side of the Stanislaus
river, who were hardly at all interested while all on the other side
were unanimously in favor of it. The fact was that for want of
communication the people in Tuolumne and all the region beyond the
Stanislaus were in about as bad a condition as they were in 1852-3, when
the people were in distress for the means of subsistence. They wanted
the bridge immediately, and in order to give them a good permanent
bridge it was necessary to grant the Company a good franchise, which
would warrant the investment of capital. The effect of the amendments
would be to kill the bill, and he hoped they would be rejected. The
bridge at Two Mile Bar had been swept away and was really of no use,
so long as there was a bridge at Knight's Ferry.
Mr. MACLAY said he wanted light on the subject. He wanted to know if
the parties asking this franchise were loyal men, for he was resolved
never to vote to grant a franchise to any man unless he was loyal to
the Union [applause], and ready to sacrifice all they had, bridges and
everything else, to sustain the Government. He wanted to know whether
any of the parties interested were Secessionists at heart.
Several gentlemen assured Mr. Maclay that the parties concerned were
Union men.
Mr. MACHIN advocated the bill and opposed the amendments. He thought
the counties interested should be allowed to decide what sort of
franchise should be granted. They wanted to give the Company a good
monopoly so as to induce them to build a good bridge.
After further discussion, the amendments reported by Mr. O'Brien were
severally rejected.
Mr. HOAG proposed an amendment fixing a license to the bridge of from
three dollars to twelve dollars per month, one-half to go to the County
Treasury and the other half to the State. He advocated the measure at
great length, being frequently interrupted by questions of order and
interrogations.
The amendment was finally rejected, and the bill was passed by a vote
of--ayes 38, noes 10. Those who voted no were Messrs. Bigelow, Collins,
Dean, Dow, Hoag, O'Brien, Parker, Printy, Sargent and Seaton.
At ten minutes before four o'clock the House adjourned. . . .
p. 2
NEWS OF THE MORNING.
. . .Work was commenced yesterday on the levee at Rabel's tannery,
and quite a volunter [sic] delegation was present. There will be a
still larger attendance, it is thought, to day. . . .
THE GOVERNOR ON ADJOURNMENT.
Under the above head the San Francisco correspondent of the Marysville
Appeal--who is understood to be the State Printer and editor of
that paper--makes the following labored defense of the Governor's course
on the adjournment question. Such a defense or apology for his Excellency
was hardly called for at this time, unless somebody's corns are sore from
the pinching of the shoes of public opinion. The UNION felt no disposition
to pursue the subject beyond laying the case before the people. At some
future day we may have something more to say about the manner in which
the adjournment was carried, and the indifference on the question exhibited
by the Governor. We expressed the opinion that Governor Stanford could
have prevented the adjournment, and in defending his course, the San
Francisco Mirror admitted that he might have done so, but that
his devotion to the interests of the State, in preference to those of
a local character, governed his action in the premises. He may have
concluded that the interests of the State demanded that the people
should be subjected to the expense of an adjournment to San Francisco;
if he did, his judgment and ours differ widely on that point; in our
opinion, leaving Sacramento out of the calculation, the good of the
people of the State demanded that the Legislature should have remained
at the Capital, and that it was the public duty of the Governor to
prevent an adjournment, if in his power. The Sacramento papers are
the last in the State who would intentionally do an injustice to the
Governor. They have known him long and intimately, and would greatly
prefer, in commenting upon his public acts, to praise rather than
censure. But they could not close their eyes and ears to that which was
passing before them in relation to the adjournment. If Governor
Stanford had labored earnestly with his party to prevent the passage
of that resolution, the conductors of the Sacramento papers would have
been fully advised of the fact. But their information was of the opposite
character, and they reflected the sentiment of a very large majority
of this community when they alleged that the Governor did not exert
himself as he might have done to prevent the passage of that resolution.
His motives have been canvassed by others--not by us. We have been content
to place the issue upon public grounds, and on those grounds to hold him
and the party he represents responsible for the flight of the Legislature
from the Capital. It is doubtless time that the Governor expressed the
opinion that it would be bad policy to adjourn to San Francisco; he could
not have done otherwise, but there is a vast difference between a simple
expression of opinion and a vigorous opposition to a measure before the
Legislature. It was a matter which concerned the people of the State, and
they will be slow to accept the apology that the Governor hesitated to use
his influence in their behalf for fear somebody would say he was interfering
with legislation.
We are accused of having "misrepresented" his Excellency; we enter the
plea of not guilty, and ask for the proof. Where and when have we done
so? The Appeal insists that the vote to adjourn was not a party
one; has any one insisted that it was a strict party vote? We have said,
and we reiterate the declaration that a majority of the Republicans voted
to adjourn; that a majority of that party could have defeated the
resolution and did not--and therefore the party would be rightfully held
responsible before the people. And we add, that it was the Republican
influence from and in San Francisco that set in motion the adjournmemt
ball. But we should not have referred to the matter for the present,
had not the Appeal gone so for out of its way to apologize for
the Governor, and arraign the Press of Sacramento. We quote from that
paper:
It is well known that the Executive himself opposed the removal scheme,
as costly, of doubtful legality, and not pressingly necessary. The
Sacramento papers have been very unjust to him in regard to his position
on this subject, as well as with reference to the adjournment. They
have charged him with failing to use his influence against adjournment,
and still seek to hold him personally responsible on that score,
arraigning him and the party which elected him, as though both had
committed a heinous crime against popular rights and interests. Even
falsehood has been resorted to in this spiteful warfare. Governor
Stanford and the Republican party can stand the assaults of the UNION
and Bee, which find no journals to reecho their outcry but such
as lack loyalty or respectability, and would fain, like themselves, make
of this adjournment question a lever to hoist an unsound party back into
the power it has for so many years abused. The Appeal has shown
that if any blame can be rightly attached to adjournment, it must be
shared by all parties; but no portion of it belongs to the Governor.
Your correspondent happens to know that this officer steadily and
earnestly opposed adjournment from the very first day that it was
suggested as a possible contingency until it was accomplished, using
every proper means to acquaint legislators with his opinions on the
subject. He did not, it is true, forget his station so far as to lobby
and buttonhole, coax and threaten, as the UNION would have had him do;
but the writer of this knows that he privately protested against the
movement as likely to protract the session and embarrass the new
Administration, and as ungenerous and impolitic, taking in view simply
the interests of so heavy a taxpayer as Sacramento. Being himself
largely interested in the welfare of the city, having his home and
business there, having lived there for many years, built himself up
there, and, with his brothers been among the most liberal in promoting
the welfare of the place, it would have been most singular if he had
taken any other course. The citizens of Sacramento know he was faithful
to them, and I have heard some of the best of them declare that the
UNION's injustice and misrepresentation have not decreased but
strengthened the esteem in which he is justly held. So it will be
throughout the State. The people will not think less highly of their
popular Chief Magistrate, whom they carried into office on such a mighty
wave of loyalty, because he is assailed and falsified by a malignant
local interest. They will esteem it just as much a duty to encourage
and sustain the State as the Federal Administration, and will indignantly
frown upon the efforts making to use the comparatively unimportant
adjournment question as a means for building up an opposition party
tainted with all the covert treason that rallied around McConnell and
Downey. They will lend themselves to no such mean, unpatriotic scheme. . . .
PROSPECTS IN TEHAMA.--The Red Bluff Independent prophesies that
a good time is coming. It says:
After so long a time of dismal rain and floods, we can appreciate the
beautiful weather with which we have been blessed the past week. Should
this weather continue, farmers will have sufficient time to put in their
crops, and a bountiful harvest may be expected. The ground is so
thoroughly soaked that the dry Summer will affect the moisture of the
earth but very little. It will probably be the best grass year that the
country has been favored with since '54, and we bespeak good times for
the farming community. . . .
BY TELEGRAPH TO THE UNION.
The Sacramento and Nevada--The Chrysopolis at Mare Island--City
Observatory--Case of Outrage--Conviction of Forgery
SAN FRANCISCO, Feb. 14th . . . .
Four thousand letters by the Overland Mail arrived here last night. . . .
THE NEW CITY CHARTER . . . .
The next thing should be an Act providing for a levee system adapted
to the wants of the city. . . .
{For the Union.]
THE WAR TAX AND THE SWAMP LAND FUND. . . .
The depreciation of property by floods is a further reason why the tax
for State purposes should be put up to three-fourths of one per cent.,
and any further running in debt avoided. . . .
REPUBLICAN.
THE FLOOD IN SAN FRANCISCO.--In reference to the flow of water into
St. Ann's valley and the damage occasioned thereby, the San Francisco
Herald of January 13th says:
Taylor street is five feet lower than Jones street, there being a grade
of five feet to the block, and the water consequently rushed down to
Taylor street, and the lots on the north and east sides of the block
being all filled except twenty-five feet in the middle of the front
on Taylor street, the flood took its course down that lot, and then
swept across Taylor street and down the lot opposite, on which a house
is erected, now occupied by Mrs. McLaughlin, into the block bounded
by Taylor, Turk, Mason and Eddy streets. On the first block where the
water ran there are but four houses, one on the north side occupied by
Wetherbee, of Wetherbee & Cook, and three on the southeast corner, one
occupied by Nightingall, but none of these houses suffered the slightest
injury, all being above grade, and the lots filled. On the second block,
however, there are a number of valuable improvements, and not one escaped
some injury. Facing the vacant unfilled lot, through which the water made
its way, were Englander's stable and Mrs. McLaughlin's and Mrs. Lee's
houses, and these narrowly escaped being washed away. The water did wash
away a large quantity of soil, outhouses, chickens, etc. From here it
burst down and swept away fences and outhouses so as to make its way into
Judge Campbell's (of the Twelfth District Court), on Turk street, and
C. V. Grey's, on Eddy street. The basements and outbuildings of these
houses were speedily submerged to the depth of from four to five feet.
Judge Campbell has suffered a loss of several hundred dollars, and
furniture, clothing, etc., to the value of about a thousand dollars,
are destroyed in Grey's, some being very valuable pieces which had been
saved from the fire which devastated this gentleman's property in the
same locality some three years ago. Grey's daughter and Miss Herrick
(daughter of H. P. Herrick) narrowly escaped with their lives. They were
sleeping in the lower story, and Grey, who had been awakened by the noise
of the rushing torrent, only just succeeded in saving them from being
carried away with the rush into the lower part of the block, where the
water was from eight to ten feet deep. Next, eastwardly to Judge Campbell's,
on Turk street, are two houses which are on the grade, but the stables in
the rear were slightly flooded. Then comes a house belonging to Donovan,
the lower story of which is submerged, and the occupants had a narrow
escape; and next is a new house not quite finished, the basement of
which is also submerged. B. Geraghty's brick store, on the corner of
Mason and Turk streets, has the basement full of water. Next north of
this, on Mason street, is a frame house, the lower story of which was
submerged, the occupants narrowly escaping with their lives and losing
everything else. Next to this are two handsome frame houses belonging
to Silverberg, and occupied by Messrs. F. Tillman and W. Horr, the
basements of which were flooded to the depth of some four feet, and
considerable loss occasioned. Next to these is a house the basement
of which had just been finished, and which is also flooded. Thomas had
just erected a home on Eddy street, near Grey's, which was fortunately
just high enough to escape being flooded, but his fences and out houses
are nearly all carried away. The loss on this block is, it will be
perceived, quite serious to the parties concerned; and this, in addition
to the injuries to Taylor and Jones streets, all resulted from an
unpardonable malicious act of vandalism. . . .
[For the Union.]
HO FOR LEVEE VOLUNTEERS--SELF ACTION FOR SELF PROTECTION.
MESSRS. EDITORS:--"God helps those who help themselves," is a maxim
both old and true. There is no use in wasting words or time in idle
talk. Unless the break in the levee near the tannery is soon stopped,
we shall be in continual apprehension of various successive floods from
now to the first of May. Kind nature has given us a bountiful supply
of sunshine once more, and if it will only continue for ten days, we
can, by our own energy, be comparatively safe again. Therefore let the
suggestions of many citizens during the last few days be considered
immediately, and carried out accordingly.
As near as I can learn, this is something like the plan, viz: Let all
our citizens who are capable of working, give one, two or six days work
towards repairing the levee. Some can bring more than one hand;
those who can't leave their business can send a substitute. I have heard
the neighboring farmers say that "if we would only give them a chance
they would instantly bring both men and teams to our aid." A force of
five hundred men would repair the crevasse within six days; and
the occasion would be one of excitement, and afford more actual enjoyment
in the consciousness that we were protecting ourselves, than discomfort.
Not one man to whom the proposition has been made, but what indorses
it most cordially. The article in this morning's UNION will give a
more elaborate explanation of the feasibility of the plan. All the
trees and brush on the opposite bank of the river, (which is now
narrow) can be had freely, and a rope can be stretched across and
a ferry boat at once established for bringing all the material for
a "bulkhead " we need, for the present.
Those having the necessary implements for working, such as shovels,
spades, etc, conld bring them; and to those who do not have them, they
will be furnished. It is said there is no reason why we should not have
a jolly time while about it, and for that purpose an ox, roasted whole,
is offered, and will be something of a novelty. And last, but oh! not
least, numbers of fair ladies, who have an experimental knowledge of
the effects produced by the invasion of the clear and sparkling waters
of the American river on the "sacred soil" of their lovely homesteads,
will be there to enliven the scene and cheer us by their presence.
Without trying, nothing can be done--with it, possibly
everything. Send notice to the country, and, witdout doubt, we
will have ample accession to our own force.
Since writing the foregoing, the movement has commenced. About forty
of our citizens appeared on the theater of operations to-day, and
made good progress. Although the force was manifestly inadequate to
the completion of the task, yet they worked joyously and with fine
spirits, confident that the great mass of our citizens would not
shrink from affording an equal proportion of assistance in rapidly
pressing the matter forward. A painful apprehension seems to prevail
generally by those interested therein that unless we are protected
from the Spring freshets large quantities of shrubbery will inevitably
be destroyed. Æsop relates the story of a traveler, whose wagon had
become fast imbedded in the mad. Seeing the great Hercules standing by,
he implored his assistance; to which he replied: "First put your own
shoulder to the wheel, and if you do not succeed, it will then be time
to ask for aid." Therefore, if we do not immediately go to work--"pitch
in"--put our own shoulder to the wheel--we not only shall be without
protection, but have the poor consolation that we don't even deserve it.
FRANK.
FEBRUARY 14th.
STOCKTON MUD.--The Stockton Independent says, in reference to the
"sea of mud" with which Stockton is troubled:
A gloomy picture presented as the result of the recent flood, is that
which meets the eye of the visitor to the southwest portion of the city.
The depth of mud and sediment has here completely crushed out all sign
of vegetation. The force of the current westwardly through Sonora
street is seen in the deem [sic] channels formed partly by artificial
means, but principally by the water, carrying with it and depositing
such a depth of mud as would now require a subsoil plow to bring to light
the former surface of the earth. It will be found to be difficult foot
traveling in this part of the town until the natural process of drying
up shall have been fully completed. Since the water has receded and left
in its place a sea of mud, boats are out of use for the purposes of
navigation. Many of them can be seen securely tied to the fences as
they were when the water fell and left them upon dry land. . . .
SNOW IN OREGON.--Eugene City Republican, of January 25th, says:
The snow disappeared from the valley last Tuesday, having remained on
the ground twenty-five days. Snow showers are falling again. . . .
p. 3
CITY INTELLIGENCE.
THE VOLUNTEER WORK ON THE LEVEE.--In accordance with previous
announcement, the work of repairing the levee at Rabel's tannery,
by the voluntary labor of our citizens, was commenced yesterday
morning. Some fifty persons were on hand and put in either the whole
or a portion of the day, in the exercise of the manly art of shoveling
dirt. At an early hour in the morning it was thought by W. T. Knox
of the Committee of Safety, and superintendents Turpin and O'Brien,
that nothing more could be done through the day than drain off the
water, which stood in pools on the street, and prepare the ground for
more active operations today. Two teams brought on to the ground--one
a single team, belonging to N. Currier, from Avery's lumber yard, and
the other a span of mules, were discharged for the day; and some of
those who were on the ground for the purpose of working went away again
under the impression that but little would be done until this morning.
On further reflection, and as the volunteers increased in numbers, it
was decided to start the work at once on such ground as was sufficiently
dry to admit of a commencement. The survey of Engineer Leet will bring
the new levee at this point on B street, which runs south of the river
from one hundred to three hundred feet. It is the design of the Committee
to construct at present about three blocks of the new levee running
along B street, from Twenty-fourth to Twenty-seventh streets. A cross
levee will therefore be necessary at each end to connect with the river.
The upper one will be about one hundred and the lower three hundred feet
long. The work was commenced yesterday on the lower cross levee on
Twenty-fourth street. It was laid out sixty feet wide at the base, and
will be built from four to five feet high. After the work commenced it
went on in spirited style. There were at no one time more than forty men
at work together, but some worked for a few hours only, making the
aggregate number, as already stated, about fifty. Among the number were
one lawyer, an editor, several boss mechanics and a number of tax payers
who have accumulated property by hard work, and who mean to keep it by
the same means. There were, in addition, a number of others who do not
own a dollar's worth of real estate in the city, but who desire its
prosperity and are willing to give a tew days labor to secure that end.
A portion of those employed were sent as substitutes by those who were
unable or unwilling to go and work themselves. We noticed some two or
three colored men actively engaged who were there not as substitutes for
anybody else, but to bear their own share of the burthen in the
protection of the city. All things considered, there was a very fair
start made for the accomplishment in contemplation. There should have
been, and there will doubtless be to-day, a much larger number present.
A large number of those who cannot go themselves made arrangements
yesterday to send substitutes, for three, four, five and six days. The
old saying that "many hands make light work" is as true of levee building
as of any kindred enterprise. The work begun may easily be completed
before the rivers rise again, and from the spirit manifested yesterday,
we have no doubt it will. Tools for all will be furnished by the
Committee. Meals are furnished, also, and sleeping apartments for those
who desire to remain there over night. For eating and sleeping purposes
the Tivoli House has been engaged by the Committee. A number of ladies
visited the locality yesterday afternoon, some going up the American
in boats and others walking up the levees.
FLAG PRESENTATION.--An elegant regimental flag has been provided by
ladies of Sacramento, designed for the Fifth Regiment California
Volunteers, Colonel Bowie's. Arrangements have been made for its
presentation at Camp Union on Monday next, at about noon. The ladies
instrumental in its preparation, have selected Mrs. G W. Chesley to
make the presentation. It will be received hy Colonel Bowie. The flag
was prepared by Norcross, of San Francisco, and is an admirable specimen
of workmanship in its line. The flag was nearly prepared at the time
of the first flood, it being the intention at the time to make the
presentation in the presence of the entire regiment. The continued
storms have caused unintentional delay. One company only of the
regiment remains at camp at the present time. . . .
INSOLVENCY.--Francis Colegrove filed a petition in insolvency yesterday
in the District Court, setting forth therein the following facts: The
petitioner is a resident of Sacramento county, and has met with heavy
losses in stock, lumber, fencing, teams, hay, grain, etc., by the late
floods; also, in farming operations and in sickness and death in his
family. The petitioner came to this State from New York in 1852, and
with a capital of $2,200 commenced farming on the Cosumnes river. In
many of his farming operations he was quite successful, but met with
subsequent losses, which render him insolvent. His liabilities are
given at $4,937.35, and assets at $672.50. . . .
THE GEM.--It was fonnd to be impracticable to remove the steamer Gem
by the route at first selected, from the fact that the ground was too
soft to afford sufficient purchase for the apparatus used in drawing
her forward. Some two days have been spent in turning her partially
around to start her on a different line. She is moved by means of a
windlass turned by a span of horses, the windlass connecting by block
and tackle with the boat.
MAIL MATTERS.--There were nearly ten thousand letters received in San
Francisco a few days since by the Overland Mail, which was the largest
number ever received there in one day from the same source. At the same
time, ten thousand seven hundred were received in this city. Sixty-nine
bags of papers were received at the Sacramento office yesterday. . . .
STILL CAVING.--The Sacramento levee, a short distance above R street,
continues to cave in on account of the action of an eddy in the river
in front of it. It will be a very dangerous point if we have another
rise in the river. . . .
NORRIS' FERRY.--The new ferry-boat was started yesterday across the
American at Norrie' bridge. The roads north of the river are said to
be in good condition. . . .
THE CHAIN GANG.--The chain gang was engaged yesterday in repairing J street, between Fourteenth street and the Fort. . . .
NOTICE.
THE UNDERSIGNED HAVING
taken the HIGH AND DRY 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. The Bar will be furnished at all times with
choice Wines, Liquors and Cigars, Lager Beer, Scotch and English Ales.
fe4-1m4thp J. J. DENNIS.
Sacramento Daily Union, Volume 22, Number 3397, 17 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION.]
SENATE.
SAN FRANCISCO, Feb. 13, 1862.
The Senate met at 11 o'clock, Lieutenant Governor CHELLIS presiding, . . .
LAND FOR LEVEE PURPOSES.
An Act for the condemnation of certain lands in the city and county
of Sacramento for public use.
Section 1. If the municipal authorities of the city and county of
Sacramento shall at any time deem it necessary for the protection of
the city from overflow to construct levees or to turn the channel of
the American river either in whole or in part, the lands necessary and
proper for such purpose or purposes may be condemned to public use as
in this Act provided.
Sec. 2. Whenever it shall be determined to construct, or widen, or
raise a levee, or to turn the channel of the American river, the city
shall cause a survey to be made, and a map to be prepared, showing the
lands that will be required as well as those necessary and proper for
the location of the work as such as may be proper to furnish material
therefor, and also showing the sections and subdivisions of sections,
United States survey, in which so much of said lands as are outside the
city are situated, and the blocks, lots and fractions of lots of so
much thereof as are in the city. Upon the completion of such map, in
such manner that the land required can be ascertained and segregated
thereby, it shall be delivered to the District Attorney, who shall file
it, together with a petition to condemn for public use the lands
designated thereon, in the District Court. Upon receipt of such map,
the Clerk shall hang it in a conspicuous place, and the Judge receiving
the petition shall direct publication to be made at least twenty days
in two newspapers published in the city, giving notice to parties
interested that the petition has been filed, that the maps designating
the land sought to be condemned can be seen in the Clerk's office, and
that the application for compensation for such land will be heard at a
time and place specified; which time shall not be less than twenty nor
more than thirty days from the issuance of the order.
Sec. 3. At any time after the filing of such petition, and before the
expiration of twenty days therefrom, the District Judge, either in
chambers or in open Court, shall appoint three Commissioners to ascertain
the compensation to be made for the persons entitled thereto for the
land designated on the map as being required; each of which Commissioners
shall take the oath of office, and shall be compensated out of the City
Treasury, in a sum to be fixed by the Judge, and either of such
Commissioners may administer oaths to witnesses, and may issue subpenas,
and any contempt of such subpenas, or of the rule on witnesses hereinafter
provided for, or contempt committed before the Commissioners whilst in
the discharge of their official duties, shall be punished by the District
Judge in the same manner as though the offense had occurred in his Court.
Sec. 4. At the time and place mentioned in the notice given, the
Commissioners shall meet, a majority of them being sufficient to
transact business, and may adjourn from day to day, and fix the time
for hearing the several cases, and may continue any case for a period
not longer than two days, unless the District Attorney, or the claimant
or his attorney consent to a longer continuance; and they shall subpena
such witnesses as are required by the District Attorney, who shall appear
before them for the city, or by any claimant, or who they or either of
them may themselves wish to be examined; and any witness having once
appeared may be put under rule for his future appearance without subpena
either in that particular case or in any other in which either party or
the Commissioners may wish to examine him; and having heard the allegations
and proofs of the parties, visited and examined the ground, if they deem
proper, and gathered all the information they can obtain, the Commissioners
shall proceed to determine the compensation, if any, to which, in the
opinion of the majority the several claimants are entitled; provided,
that in ascertaining such damages they shall take into consideration the
improved value, if any, which, in their opinion the work about being
undertaken will, when finished, cause by protection or otherwise to other
property of the claimant. The subpena of the Commissioners shall be
served by the Sheriff, who shall be allowed no compensation therefor,
except such mileage as is allowed in criminal cases, which shall be paid
him out of the City Treasury.
Sec. 5. The Commissioners shall keep a journal of their proceedings,
and as soon as the labors are completed shall file that and all papers
connected with their duties with the County Clerk, and shall certify to
the District Court a statement of the several cases before them, the
conclusions arrived at, and the award, if any made in each; and if any
of the land designated on the map as being required for the work had no
claimant before them, stating that fact and the compensation, if any,
that should be made for it.
Sec. 6. At any time within ten days after the filing of their awards
by the Commissioners, any party feeling aggrieved may, upon two days'
notice to the District Attorney and the filing of a statement of the
fact relied on, supported by proper affidavits, move the District Court
that so much of the proceedings of the Commissioners as affect him be
inquired into; whereupon, if the proceedings of the Commissioners have
been irregular, or their duties seem to have been performed in bad faith,
the District Judge shall make such order as may be just and proper in
the premises, either for a rehearing before the Commissioners or for a
trial of the facts before himself, but otherwise the proceedings of the
Commissioners shall be confirmed. And if no motion for such inquiry is
made within the time specified, or if such notice is made, then as soon
as the time is determined an order shall be entered at large in the
District Court, confirming the valuations found or finally determined;
and then the map filed, and a copy of the order of the District Court
shall be recorded in the County Recorder's office, and thereafter, upon
the filing for record of the receipt of the County Clerk for the
aggregate sum found to be due by said order for the whole property
required, the land designated and described on the map as being,
required, shall vest in fee simple in the city of Sacramento.
Sec. 7. In case any compensation is awarded for any land for which
there is no claimant before the Commissioners, the party entitled
thereto may file his claim and prove his right in the District Court
at any time within a year from the date of filing of the findings of
the Commissioners. And if any money awarded under this Act, either to
a party named or to an unknown owner, remain unclaimed in the Clerk's
hands for the space of one year, it shall be deemed to be abandoned
for public use, and shall be, by the Clerk, paid into the treasury
for the use of the City School Fund.
Sec. 8. This Act shall take effect from and after its passage.
Referred to the Sacramento delegation. . . .
GENERAL FILE, AGAIN. . . .
Senate bill--An Act to authorize the Board of Supervisors of San Joaquin
county to issue certain bonds, and to provide for the payment of the
principal and interest thereof--was considered.
Mr. CHAMBERLAIN urged in favor of the immediate passage of the bill,
the bad condition of the roads leading to the Southern mines and the
general destruction of bridges.
The bill was considered engrossed, under suspension of the rules, and passed. . . .
. . .at half past one the Senate adjourned. . . .
SENATE.
SAN FRANCISCO, Feb. 14, 1862.
The Senate met at 11 o'clock, the President in the chair. . . .
[CONCLUDED ON EIGHTH PAGE.]
p. 2
MOVING THE LEGISLATIVE SESSION.--The Yreka Union, referring to
the conduct of members in voting for the removal of the Capital, says:
We expect that the water was not the very best for drinking purposes;
no doubt nicely polished boots ran some little danger of getting soiled
if their owners wore them to and from the Capitol, and it may have been
that the food furnished, under the circumstances, was not of the daintiest
kind. But we will venture to say thst [sic] many of the honorable gentlemen
who so magnified these little inconveniences, have seen the time when
muddy water from a prospect hole was thought very good; when a pair of
leaky, pot-metal boots were the sole, and perhaps soleless, article of
the kind they possessed, and when tough beef steaks and tougher flapjacks
constituted their standing bill of fare. . . .
[For the Union.]
CALIFORNIA FLOODS.
Their Causes and Suggested Remedies.
BY T. ROWLANDSON, SAN FRANCISCO.
INTRODUCTORY.
As it is probable that some explanation will be looked forward to by
many of the readers of the UNION for the reasons and motives which have
induced the writer of the following article to address its readers on
the above subject, I may at once explain as follows:
On calling at the San Francisco Post Office on Saturday last, amongst
other matter which I received was a copy of the UNION of the 4th instant.
I am not aware to whom I am indebted for this favor; whoever it may be
I take this means of tendering to the party or parties who forwarded the
same my best thanks. The number of the UNION alluded to contained several
articles of great general as well as personal interest, amongst which
I will only specially point out three, namely: The able article signed
J. & R., the letter of A. M. Winn, and the valuable paper on "the
Meteorology of Sacramento," by Thomas M. Logan, M. D. In the course of
the following paper I shall have occasion to allude frequently, to each
and all of the papers described, differing in opinion on some points,
but agreeing with all on general principles; it is possible, however, I
may differ with each on special details; in such cases it will be my care
to employ language void of offense. In the ardor of controversy it is,
however, always possible that in the earnest advocacy of even modified
opinions, the form of expression may sometimes, from ambiguity or other
cause, be such as unintentionally to the writer convey an obscure or
double meaning. Should any such occur in the course of the topics which
may hereafter be dwelled upon, I hope such will be overlooked and not
commented upon until the entire of this paper is concluded, as it may
happen that anything which might be deemed offensive or erroneous will
be adequately and satisfactorily explained in some succeeding leading
head. I therefore respectfully request that such as may feel a difference
of opinion as to my views, or may think that I have in any way been
uncourteous in their expression, will oblige me by reserving any comment
until the series are completed, after which, if it is found requisite
to explain away ambiguity or offense, I shall be happy when called upon
to explain or make the amende.
I have used the term series as the most apt expression for the form
of division into which this article is intended to be divided. I have
adopted the mode which will be followed under the impression that it
was the best manner by which I could convey popular information on a
recondite and extraordinarily comprehensive subject, one little studied
and still less understood than any other branch of civil engineering,
and one on which more mistakes have been made even by eminent engineers
in their respective periods, than could be summed up in all the other
branches of that diversified profession.
A few words in explanation are probably dne from me in order to account
for my thus addressing the readers of the UNION. I have already mentioned
the fact of my receiving a copy of the UNION from some strange hand.
I can only account for it having been forwarded to me in consequence of
there having apeared in the San Francisco Bulletin of Monday last
an article by me headed, "Science and the Storm," in the course of which,
amongst other matters, I pointed out one of the means by which the
destructive effects of floods arising from sudden heavy rain falls or
melted snows might be mitigated, perhaps prevented, most assuredly their
evil consequences could be arrested if combined with other and practicable
aids. At the time of writing the article alluded to, I had not the
slightest conception it would draw forth any other observation than
that of possibly attracting the attention of scientific individuals
and societies throughout California to many incidents connected with
the late storm of which it was desirable that note should be made whilst
the memory of the events is fresh or the data existing. Whilst doing so,
I could not resist the opportunity of throwing out some crude hints as
to one of the palliatives that could be adopted in more ways than one
very advantageously. In this connection I may add that that the opinion
there given, as well as others that I am about to give, are not the
result of a sudden inception consequent upon the attention drawn thereto
by the late floods, but are the oft times and carefully poised reflections
on observations made during my first journey through the mountains and
mining districts which snrround the low lands of the Sacramento, San
Joaquin, etc., made nearly six years ago, which have acquired additional
strength from the information derived at every subsequent journey.
They are not, therefore, like the speculations of the recent crop of
pseudo metallurgists that sprung up on the discovery of the Washoe
mines as rapidly as mushrooms and "as plentiful as blackberries," who,
because they, by a few weeks or months study, taken up for the occasion,
learned something that they did not know before, wholly ignored the fact
that others deeper versed and better informed had long been acquainted
with the inapplicability of their pseudo-improevd [sic] processes. The
general principles which I am now induced to lay before the readers of
the Union are of old conception, and as such, therefore, merit greater
attention than if they had only originated out of the pressure of the
occasion. Should any serious errors be discovered I am willing to incur
the opprobrium arising from the attempted dissemination of mistaken
views, which might be justly deemed only a venial offense if they had
been merely hastily considered, but which would display an ignorant
impertinence when published after undergoing the mature deliberation
of years. Fairly open, therefore, to just censure, if censure is
deserved on my part; I hope, on the contrary, if I make my positions
in a reasonable manner, so that they will meet with approval, and, if
practicable, with adoption. I shall at once proceed to the consideration
of the sübject under a series of divisions, commencing with that of
ON LEVEES.
I am induced to notice the subject of levees in the first instance
because it naturally comes uppermost in ordinary minds, or those who
may not have paid any attention to the subject that if a river rises
twenty feet from extreme low water mark it is only requisite to form
the levees two feet higher to be safe; or if the extreme rise is twenty
two feet, the levees must be twenty-four feet, and so on, increasing
perpetually. In fact nothing is more common than to hear, especially
from parties who have resided on the lower Mississippi, that it is
the easiest thing imaginable to control or keep within bounds the floods
of the Sacramento which may occur during the periodic rain storms of
California; one of the chief objects of this paper will be to show that
such persons take only a very superficial view of the subject; the
problem to be solved is one by no means capable of so easy a solution.
On account of its importance and its being perhaps the most prominent
of proposed palliatives or preventives as yet brought before the public
view, and intrinsically being one of the highest interest, I have deemed
it most pertinent, and will probably prove more effectively instructive
to take the matter of levees into consideration first rather than leave
it to be treated in what may be termed its naturally scientific sequence.
One considerable advantage will be derived from doing so, namely, the
dispersion of error, and thus make way for the reception of truth, for
it is always easier to implant an entirely new fact on the unbiased
mind than to do so where an error has at the same time to be uprooted.
It is justly observed in the able article of J. & R. that for all
practicable economic purposes by appealing to science, the waters
that inundated the Sacramento valley can be be [sic] gauged as
accurately as the contents of an ordinary cask, and illustrative
formulae are given to show how their destructive effects may be
alleviated or corrected. It is one thing, however, to be scientifically
correct in principle and another to make it availably practicable in an
economic and pecuniary point of view. As remarked by J. & R., nothing
will be easier for parties acquainted with ordinary engineering than
to calculate the size and kind of channel best adapted to carry off
the surplus flow of water and the hight of levee necessary in such
case to protect great centers and depositories of valuable property,
such as Sacramento. While the valuable article of J. & R. is marked
with considerable perspicuity, it does not indicate whether the
remedial measure which they candidly admit is only a crude suggestion,
as it necessarily must be on the data yet known, is intended only so
far as to meet the case of Sacramento, or the whole Sacramento valley.
From the general tenor of the paper. I should suspect the former, from
the title of the article--"Is the Sacramento Valley Inhabitable"--I would
almost suspect the latter, to be the meaning. I shall endeavor briefly
to show that if the intention was merely to indicate how the city and
immediate locality around Sacramento is to be preserved, that the gain
would not equal the cost, and that if it is contemplated to embrace in
the improvement the entire Sacramento valley liable to inundation, that
mere levees, unassisted by other precautionary measures, will prove
wholly ineffective. It is due to J. & R. to state that I look upon
their paper as one only roughly suggestive, and not at all as an
elaborated idea. It will consequently be seen that not the slightest
intention exists on
my part to detract the smallest degree from their scientific acquirements.
These observations are made in no carping or fault finding spirit, but
are merely taken as a text on which to pend a theme respecting a
generally erroneous popular impression.
RAIN FALL.
Comparisons have been made between the cases of the valleys of the Po
and Mississippi and the Sacramento valley. Although there may exist a
general parallelism, when the details have to be worked out and
elaborated for practical purposes the resemblance will be found
to fail.
If my memory is not defective, on two occasions during the
late rain storm four inches of rain fell in the course of. twenty-four
hours, certainly on one occasion it did so, or approximated so closely
upon that amount as to render it perfectly admissible aa a basis of
calculation. Reasons will be given hereafter, when treating on the
meteorology of the district which I am about to review, that the rain
fall must frequently have been more than the four inches taken as a
basis of estimate in the following calculation:
If a line is drawn from the mouth of the American river, thence along
its southern water shed up to the point where the watershed of its
south fork terminates, on the western flank of the Sierra Nevada, and
thence northerly, along the western watershed of that sierra, until it
meets the range above the Big Meadows, from which the waters diverge
into southerly and northerly courses, then drawing the line to the head
of the navigation of the Sacramento, and thence along the Sacramento to
the mouth of the American river, it encircles an area considerably above
one hundred square miles, or 278,784,000,000 square feet. Estimating the
rain fall at four inches in twenty-four hours, it will only be required
to divide the area by three in order to obtain the number of cubic feet
of water which would have fallen in that time. The quotient so derived
will amount to 92,928,000,000 cubic feet. If we again divide this by
86,400, the number of seconds in a day of twenty-four hours, we will
find the quotient to be 1,075,000 cubic feet of rain per second. Let
ns compare this with the heaviest floods of the Mississippi.
The following is extracted from the report of Charles Ellett, Jr., to
whom was intrusted the survey of the Mississippi, under order of Congress,
who estimated the total discharge of water during the high flood of 1851,
for every second to be 1,134.500 cubic feet. Mr. E., however, further
observes this amount only expresses the discharge through the channel,
to which had to be added the volume carried off by the Atchafalaya,
which was estimated to be, below the mouth of the Bayou de Glaiser,
April 26, 1851, per second, 122,700 cubic feet. Add for diminution of
discharge, owing to reduction of surface, 12,800 cubic feet. Aggregate
discharge per second of the Mississippi and Atchafalaya, at high water
of 1851, 1.270.000 cubic feet.
As, however, the flood. of 1851 was three inches iower than that of 1850,
immediately below the mouth of the Red River, Mr. Ellett calculated that
the high water discharge of the Atchafalaya and Mississippi combined
could not at the top of the flood of 1850 have been less than 1,280,000
cubic feet per second, or about one sixth more than would fall in the
same period on a part of the left bank of the Sacramento between the
mouth of the American river and the head of the navigation of the
Sacramento. For reasons which will hereafter be adduced, I am convinced
that for more than two consecutive days during the late storm the rain
fall on the left bank of the Sacramento was upwards of four inches each
twenty-four hours, and that at a time when the soil was saturated and
overflowing with previous rains and evaporation stationary; consequently
at such a time the rain immediately as it fell would at once either
commence its descent to augment the waters of the lower Sacramento or
replace the preceding deposited waters already coursing onward. In snch
a flood it is not unreasonable to calculate that were its overflow
confined by levees, it would require their capacity to be equal at
least to the conveyance of the volume of the Mississippi at its highest
floods, descending at the rate of seven miles per hour; for the difference
of volume between 1,280,000 cubic feet per second discharged by the
Mississippi, and 1,075,000 cubic feet per second supplied, as represented,
to the Sacramento (or 205,000 cubic feet), will be more than compensated
by the waters furnished by the Sacramento itself above the head of its
navigation and the tributaries along its right bank. Before grappling
with, it is well to form an estimate of the enormously gigantic character
of the power possessed by the monster it is proposed to subdue; the
preceding calculations and comparisons have been made in order to convey
in some measure to the unprofessional reader a popular conception of
the magnitude of the enterprise proposed to be undertaken--of confining
the Sacramento within levees during heavy rain storms.
It is well that the reader should here be informed that the immediately
preceding remarks, pointing out the obstacles incident to the plan of
controlling the waters of the Sacramento by mere levees, does not touch
on probably one-third of the actual difficulties which exist, or that
it is proposed to bring into operation, which will be noticed in due
course hereafter. The residents and parties most directly interested
in the reclamation of the lands running through the center of the
State need not fear, however, but remedial measures will be adopted;
it will be the ultimate object of this series of papers to point out
some of the most prominent. It will be the endeavor of the writer to
fairly describe all the advantages and disadvantages which exist, or
that may be brought into being, for converting the Sacramento Valley
into a secure and habitable condition and to control the flood-waters,
so that in future they may not become destructive. As will be shown
hereafter, the physical geography of central California is fortunately
extraordinarily favorable for carrying out the requisite preventative
constructions. In fact, it will be shown hereafter that many seemingly
natural and daily increasing artificial obstacles may, by a proper
exercise of ingenuity, be made to contribute their part towards the
ends desiderated, thus converting evils into sources of good. . . .
p. 3
LETTER FROM THE HUMBOLDT MINES.
[CORRESPONDENCE OF THE UNION.]
Santa Clara, Humboldt Co , N. T., }
January 2, 1862. }
Progress and Development of the Country--Humbolt [sic] County
Organized--Candidates for Office--Population or the Mines--Location of
the County Seat--United States Fort on the Humboldt--Mining Operations
In Progress--The Rise of the Humboldt, etc.
Hoping that the waters of the mighty flood have dried up and subsided,
and that delightful portion of mother earth known as Sacramento valley
is again visible, and that this may reach its destination in safety,
I will endeavor to inform you of the stirring events transpiring in
this new and prosperous country. . . .
Our Winter has been very agreeable thus far; we have had but one storm
to speak of, which came on about the tenth of November, and lasted about
ten days. Snow fell in the mean time to the depth of one foot; but warm
rains caused it soon to disappear and the Humboldt river to rise two
inches above low water mark . . .
WYOMING. . . .
REMOVAL OF THE LEGISLATURE.--The Legislature has gone and went and done
it at last. The whole body, tail and all, has adjourned to San Francisco.
The resolution to adjourn was passed on the 22d of January. We do not
believe the act will meet the approbation of the people, or receive the
sanction of even a considerable portion of them. The determination to
adjourn seems to have taken possession of the members, and adjourn they
would, whether the act was right or wrong. We have not been at Sacramento
since the flood, and cannot therefore speak from observation, but we do
expect that getting about the city, when the water was at the highest,
was attended with some difficulty, and doubtless at that time, next to
impossible for the Legislature to transact business. But it is barely
possible that our present Legislature will do anything towards improving
the laws of the State, even if it should continue in session from now
until next December; and it is not within the scope of human power for
this, or any other body of men, to make them worse. Taking this view
of the matter, and it is the opinion of a majority of the people of the
State, we think, had the gentlemen composing the Legislative body really
been as anxious to guard against a useless expenditure of the people's
money, as many of them professed to be in their debates npon the removal
question, they would have devoted the time consumed .in wrangling about
adjourning and where they should adjourn to, to creating the few really
necessary laws the State requires, and then adjourned sine die. Had
the members of the Legislature adopted this course, all the legislating
needed for the present year would now be completed, and the gentlemen would
have been at home among their constituents, with their chance of becoming
returned to the next Legislature, much better than it will be, we fear,
at the close of the San Francisco session.--Yreka Union.
p. 4
NEWS OF THE MORNING.
. . .The work on the levee, at Rebel's tannery, is progressing finely.
The Sacramento river stands now at seventeen feet seven inches above low water. . . .
THE LEGISLATURE. . . .
In the Assembly on Friday, . . . A petition from the Wool Growers'
Association of California, remonstrating against the passage of the
bill concerning the herding of sheep (confining sheep owners to their
own lands), was read and referred to the Committee on Agricullture.
The Special Committee intrusted with the business of removing the
legislative paraphernalia to San Francisco, reported to the Assembly
the cost of the same, viz.: $1,330. . . . The Committee on Ways and
Means were instructed to report tomorrow upon the bill providing for
the removal of the Governor's office to San Francisco. The Senate bill
concerning chattel mortgages was taken up among the Senate messages,
and referred to the Judiciary Committee. . . .
LEVEES FOR PROTECTION.
In another column we give quite an elaborate article, written by a
civil engineer of reputation, upon the practicability of protecting
the valleys of the Sacramento and San Joaquin by a system of levees.
The writer approaches the subject by rather a circuitous route, but
exhibits evidence of having reflected carefully upon the question
discussed, and of scientific acquirements. His extensive calculations
of the quantity of water which fell upon a given surface in a given
time, the quantity discharged in a second by the Mississippi, and the
discharging capacity required in the Sacramento to enable it to carry
off the water falling in a storm, at the rate of four inches in
twenty-four hours, upon the water shed described, we turn over to our
correspondents J. & R. It appears from the reasoning and facts of
Rowlandson that he considers the Sacramento as being differently
situated from that of any river in Europe, as he concludes it cannot
be leveed so as to control its waters, without the aid of other agencies;
those other agencies he proposes to describe in another article. If the
water of the Sacramento rises twenty-four feet when no levees are in
existence, we hardly suppose that any one who has reflected upon the
matter would assume that a levee two feet above high water on each side
of the river would be sufficient. In ordinary seasons such a levee
might answer, but in extraordinary floods like those to which the
people of California have been subjected this Winter, the water would
overtop and carry them away. In no instance during the high water we
have had was the levee at any point broken and carried away by the
pressure of the water against it; in every case of break the water
ran over the top, and the levee was then cut away by the force of the
current. The levee over which the water of the American poured in such
torrents had not been repaired or strengthened in nine years. It had
been worn down by travel, by the rains and winds; had settled by its
own weight, and in some places been reduced by cultivation, and still
for nine years it turned the torrents of that turbulent river from the
city. Had it been properly cared for, and raised even two feet higher,
it would have successfully resisted the extraordinary high floods of
the river this Winter. But we had rested so long in safety that people
became confident and in a proportionate degree indifferent as to the
condition of the levee.
The condition of things at the tannery on the American is one case in
point, and the break below R street on the Sacramento is another. The
river there, in consequence of a large bar which has formed on the
opposite side, cut into the east bank last year so as to seriously
threaten the levee. To resist the encroachment of the water the Board
of Supervisors expended a thousand or two last spring. After being so
admonished we should naturally suppose that advantage would have been
taken of the low water to strengthen and protect the levee at that point.
But nothing of the kind was done. The Summer and Fall were permitted to
pass without the first step being taken to prepare the levee at that
point for the high water of this Winter. Even the Railroad Company,
which was deeply interested in the permanency of the levee, made no
effort to strengthen it. Early in the Fall we called the attention of
the Board of Supervisors to the necessity of doing something to prevent
the current of the Sacramento from encroaching on the levee at the foot
of R street; if nothing else could be done it was suggested that the
Navigation Company might be induced to haul their steamers from the
Yolo side and moor them along the bank of the river at that point.
Had that been done, or a boom of logs, timber or driftwood been fastened
along the front, the R street crevasse might have been prevented. The
boats or the logs would have protected the bank against the force of
the current, and the effect of the waves caused by the wind and by the
San Francisco boats. But indifference reigned, and we now have a crevasse
there which will be difficult and costly to fill; another one is threatened
above R street, and unless the cutting of the current is stopped it will
work through before a month passes. It looks to us as if the boom of
logs which is fastened to the bank above where the current is so
steadily wearing away the levee above R street, had something to do
with turning it upon that particular point. Right well are we satisfied
that if the logs were removed to where the cut in the bank has been
made, they would prevent its further progress. A people as careless
of their safety, or as neglectful in providing means to protect
themselves as those of Sacramento have been for the past eight
years, merited a severe chastisement, and they have received it.
If it teaches them to provide effectually for the future, and the
wisdom of giving prompt and energetic attention to the preservation
of their levees after they are built, the losses and sufferings to
which they have been subjected will prove a lasting benefit. . . .
BRIDGES.--The citizens of Nelson Point, Soda Bar, Indian Valley and
other places in Plumas county, have commenced the erection of bridges
to replace those swept away by the freshet. . . .
LETTER FROM MARYSVILLE.
[CORRESPONDENCE OF THE UNION.]
MARYSVILLE, February 15, 1862. . . .
The question of removing the State Capital is about settled as far
as Marysville is concerned. An adjourned meeting of about thirty
citizens was held last night, but amounted to but little. Those
extremely sensitive persons (C. E.'s and others) who think that in
my correspondence to the Union exposing the fallacies of this agitation
I have sought to deride Marysville, are entirely mistaken. I say it
not to the derision, but to the credit of our citizens, that the scheme
to make Marysville the seat of Government by robbing another city of
its advantages has failed. It was characteristic of the gentleman who
introduced a resolution (which was passed) instructing our
representatives in the Legislature to obtain authority for the city
of Marysville to issue bonds to the amount of one hundred thousand
dollars for the purpose of erecting a Capitol, to preface his remarks
by saying that, as "very few of our citizens had taken a part in the
matter," he would, etc., etc. . . . .
PUBLICOLA. . . .
LETTER FROM SAN FRANCISCO.
[FROM OUR SPECIAL CORRESPONDENT.]
SAN FRANCISCO, Feb. 15, 1862:
This day ends the sixth week of the thirteenth session of the Legislature.
In the Senate, one hundred and fifty-eight bills have been introduced,
and in the Assembly, one hundred and seventeen, making a total of two
hundred and sixty five. Of these, eleven have become laws, to wit: . . .
an Act authorizing the construction of a bridge across the American
at Folsom; . . . These startling measures all originated in the Senate.
They form the total of the work thus far completed by the Legislature, so
far as law-making is concerned. It will be seen that they are all special
or local bills, and trifling in their nature. There is reason to believe
that some general Acts will be passed before the final adjournment. In
addition to the eleven Acts named, five Senate bills and six Assembly
bills are enrolled and ready for the Governor's signature. They are all
special or local, except one . . . The five Senate bills referred to are: . . .
an Act to amend the Sutter county free bridge law; . . . and a bill
authorizing the construction of a bridge across the Mokelumne river.
No Assembly bill has yet been presented to the Governor for his approval,
although six, as above stated, have been enrolled, . . . So you see the
Assembly has been at work. The six Acts above recited are important ones,
i.e. they are importent to somebody, or they would never have passed. They
make an average of one bill a week, and although three of them were for
the benefit of the little city of Los Angeles, and two of them had more
reference to the dead than the living, they must nevertheless be regarded
as so mnch work done, and taken as proof that the wheels of government do
revolve, so far as the legislative department is concerned. The reason
they have not yet been presented to the Governor for his approval is that
His Excellency signified to the Enrolling Committee of the Assembly his
intention of very soon making arrangements for spending as much time in
San Francisco as the public business may require. I think the general
opinion among members is that no law is necessary to enable the Governor
to be in San Francisco whenever he may think his presence here necessary,
and that he may legally sign bills in whatever locality they may be
presented to him. . . .
p. 5
CITY INTELLIGENCE.
THE VOLUNTEER WORK.--The volunteer work on the levee at the tannery
was resumed on Saturday morning. There were about sixty men engaged
on the work during the day. There ought to have been at least four
times that number. Those who were there made their work tell; and
considering the wet condition of the earth, and the small number of
men employed, a formidable embankment hes been thrown up. It is evident
from the work already accomplished that the entire crevasse can be
closed up in a week if the proper spirit is shown. It is an easy
matter for those who are too busily engaged to go and work themselves
to authorize the Committee to hire substitutes at a dollar per day.
The time is now peculiarly favorable for the work, and as we know not
when we may have additional rains, there should be no time lost. The
work will be resumed this morning by, it is presumed, a greatly
increased force.
THE FALLING WATER.--It is a matter of congratulation with all
concerned that the water in our rivers and elsewhere is falling
steadily and fully as fast as could be anticipated. The gauge in
the Sacramento last evening indicated seventeen feet seven inches
above low water mark. The lower part of the city is becoming daily
more and more free from the inundating element. The supply is entirely
cut off from all points on the American river, and that which enters
from the Sacramento below R street is greatly diminished. Along the
long line from which the levee south of R street is washed entirely
away, the natural ground. is now above water. There are several
channels worn in the ground, through which the current continues
to run. These are encouraging facts to the residents of both city
and country, and justify energetic action in the work of renovation
and repair.
TELEGRAPHIC ARRANGEMENT.--The telegraphic wires between this city and
San Francisco, by way of Yolo county, have heretofore been connected
at the Sacramento and Yolo bridge by a cable sunk across the bed of
the river. It has been, on various occasions, disturbed by drift wood,
etc., and a new arrangement has been adopted, to avoid such interruption.
An upright staff has been erected on the center of the draw, about
ninety-seven feet high, on which the wire is supported. As the draw is
frequently turned, a swivel has been adjusted on the top of the staff,
on which the wire rests, obviating all straining of the wire, by opening
the draw. At the west end of the bridge the wire is supported by another
staff, seventy feet high, and at the east end by the limb of a sycamore
tree.
BOAT RACING.--At about four o'clock yesterday afternoon a boat race came
off below R street, between Parker's Whitehall boat, manned by C. Johnson
and J. Peeler, and Mooney's boat, manned by W. Johnson and H. Small.
The boats started from a point below the City Cemetery and came to a
stake near the railroad and returned, distance about two miles. Parker's
boat won the race, making the trip in about fourteen minutes. A second
race then took place--J. Peeler alone rowing Mooney's boat, and a man
named Brown rowing Parker's. Brown won the race, making the trip in twelve
minutes. Another match has been made up for $100 a side, to come off on
Sunday next. There were a large number of spectators on the railroad
yesterday to witness the exhibition.
RAILROAD REPAIRS.--The work of repairing the R street railroad has
advanced as far east as Fifteenth street, at which point the pile
driver is at work. But about three blocks are unfinished, lying
between Fifteenth and Eighteenth streets, over the principal portion
of which piles will have to be driven. A considerable portion of the
railroad track--sills and rails--is found to lay alongside the
embankment. As the water falls, it is exposed to view. A locomotive
was engaged yesterday in removing such as could be gotten out of the
mud to Fifteenth street to be relaid.
HAD A HAND IN IT.--On Friday last, when the volunteer workmen at
the levee, at Rabel's tannery, were at dinner, two ladies who had
visited the ground, took a shovel each and worked some ten minutes
in shoveling dirt. oae of them remarked, as they laid down their
shovels, "there, they can't say that we didn't have a hand in
building the levee." We commend their example to some two or three
thousand men of the city. . . .
WILL MEET TO-DAY.--The Joint Committee from the Committee of Safety
and the new Charter Committee will, we understand, meet at one
o'clock to-day, for the further consideration of the bill to provide
for the construction of the new levee on the west and north of the
city. . . .
NOT AT WORK.--The work on the levee at Rebel's tannery was suspended
yesterday. There was some talk of continuing it through the day, but
it was finally decided to adjourn over from Saturday evening until
this morning. . . .
THE MOUNTAIN ROADS.--The Placerville Democrat of February 15th says:
We learn that the roads in the mountains have been greatly improved
during the last week, and that they are in excellent condition for
pack trains. Much work has been done upon them, and the worst parts
were first attended to. Trees and bowlders have been removed, gullies
filled up, walls built, and snow beaten down
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION.]
SENATE.
SAN FRANCISCO, Feb. 15, 1862.
The Senate met at 11 o'clock, the Lieutenant Governor in the Chair, . . .
PETITIONS AND REPORTS. . . .
Also, Senate Bill No. 144, for the relief in T. McLaughlin [for services
as boatman to the Controller's office], recommending its indefinite
postponement. . . .
Mr. Lewis from the Calaveras and other delegations, reported favorably
on the Stanislaus bridge bill. . . .
At 2:30 p. m. the Senate adjourned.
ASSEMBLY.
SAN FRANCISCO, Feb. 15, 1862.
The SPEAKER called the House to order at 11 o'clock. . . .
SENATE MESSAGES. . . .
Senate Bill No 55--An Act to grant the right to construct a bridge
across the Mokelumne river, etc., to Lewis Soher [?] and others, was
read twice and referred to the Calaveras and Amador delegations. . . .
. . .at ten minutes before three o'clock, the Honse adjourned.
SACRAMENTO.--We visited this city on Thursday, and much to our
surprise found dust blowing in the streets. The sidewalks and
crossings are in better condition than they were last Winter, and
in a week or two the city will present a good appearanoe. It is the
intention to build a levee extending as far out as Thirty-first street.
This is as it should be. The idea of leveeing in the entire county
is an obsolete one. If any one supposes for a moment that the
Sacramentans are cast down on account of their misfortune, or that
the city will not be improved and rendered secure, they may as well
disabuse their minds of the idea. Sacramento is and will be all
right.--San Francisco Spirit of the Times.
LETTER FROM WASHINGTON.
[FROM OUR OWN CORRESPONDENT.]
WASHINGTON, Jan. 11,1862. . . .
The Union is greatly in demand among returned Californians, the copies
received by the delegation passing from hand to hand after they have
finished reading them, and finally bringing up in the mail bag en route
for some distant friend. They usually reach us from California in
twenty-eight and thirty days. The energy and public spirit evinced by
the people of Sacramento in the recent struggle against their ancient
foe are themes upon which your citizens here exchange congratulations
as often as they meet. No city in the United States ever exhibited such
recuperative powers, nor rose superior to such dire disasters. That you
may again roll back the flood, and your future pathway over Jordan be
dry land, must be the prayer of every Californian. . . .
DROWNED.--Mike Walch; brother-in-law of Sweeney, who was killed near
Indian Diggings on Thursday, February 13th, started with the Coroner
for that place and was drowned in attempting to cross the Cosumnes,
at Buck's Bar.
p. 8
[CONCLUDED FROM FIRST PAGE.]. . .
THIRD READINGS AND GENERAL FILE.. . . .
Senate Bill No. 84--An Act to amend an Act preventing the trespassing
of animals on private property, approved April 28, 1855 [adding the
connty of Monterey to those included under its provisions], was taken
up and ordered to a third reading.
Senate Bill No. 111--An Act granting the right to construct a bridge
across Stanislaus river at a place known as Burns' Ferry, to certain
persons therein named, was amended in accordance with several suggestions
from the Judiciary Committee, and by substituting six months in the
place of one year, to commence operations, and of one year instead of
two, to complete them.
Mr. Holden moved, as a separate section, that the provisions of the Act
shall not be deemed as exempting the holders of the franchise from the
requirements of the general law in reference to licensing.
The motion was lost, and the bill ordered to a third reading. . . .
COUNTY AND STATE PERMITS.
Senate Bill No. 95--An Act to grant the right to construct a bridge
across the Mokelumne river, at Big Bar, Calaveras county, and to
construct and maintain a road from Mokelumne Hill to the village of
Butte, Amador county--was amended in accordance with the report of
the Judiciary Committee.
Messrs. Porter, Banks and Crane opposed the bill on the ground that
a general law existed under which parties could be licensed by any
county Board of Supervisors, who were required to renew the license
every half year.
Mr. De Long said men were unwilling to invest $40,000 or $50,000, and
trust to the generosity and fairness of a Board of Supervisors, which
might pounce upon any little accidental fault connected with the bridge
or road, from difference in politics or some other reason of the same
sort, and stop the franchise.
Mr. Burnell said, in order to obtain a franchise, a number of rules
must be attended to. The whole thing was lumbered down and tied up
with such a vast amount of machinery that nobody would have anything
to do with it. It depended entirely upon the will of the Board of
Supervisors.
Mr. Crane quoted section 5 article 4 of the Constitution, to show that
the Legislature had no right to create corporations by special Act,
except for municipal purposes.
Mr. Porter submitted the question whether the Legislature was willing
to pass three or four hundred special road and toll bridge laws, when
a general law existed covering the whole question. He considered it
injustice to the people to sit here at their expense and legislate for
private interests.
Mr. De Long said we should never have the bridges now needed throughout
the State unless something more than six months licenses were granted,
which might be stopped from political favoritism.
Mr. Crane suggested remedying the evils of the general law, and limiting
the power of Supervisors.
Mr. De Long said in the absence of any other system he preferred this.
The bill was passed.
FROM THE ASSEMBLY. . . .
Assembly Bill No. 66--An Act to grant the Stanislaus Bridge and Ferry
Company the right to construct and maintain a bridge or bridges across
Stanislaus river--was read twice and referred to the Stanislaus and
Tuolumne delegations. . . .
THE REMOVAL COMMITTEE.
Mr. Porter, from the Joint Special Committee on Removal of the Capitol,
reported a list of expenses incurred for transportation, porters' wages
and laying down carpets, amounting to a total of $1,330, and the
assignment of Committee rooms in the Exchange Building, as agreed on by the Joint Committee. [See Assembly]
A wrangling debate of a quarter of an hour ensued, in which members found
fault with the work of the Committee in the matter of assigning rooms,
and several unsuccessful motions were made to adjourn.
Mr. Powers moved to strike out that part assigning rooms to the Governor
and his Secretary, for the reason that there was a Contingent Fund
providing for expenses of the Executive. He had no right to sponge
upon the Legislature. He had no right to be down here anyhow.
Mr. Banks thought it a small piece of business to make such an objection.
Mr. Watt said he had nothing to say about the rooms, but he objected to
applying the word "sponged" to the Governor.
Mr. Parks said he had left the Capital for the convenience of the
Legislature.
The amendment was rejected.
Mr. Van Dyke said the expenses were not so large as anticipated when
the resolution was passed to come down here. The Senate had been the
first to move in the matter, and the principal objection was the
expense it would incur. He confessed himself agreeably surprised, and
thought the Porters' bills (a total of $116) quite reasonable.
That portion of the report relating to room was finally adopted, with
several amendments; and the balance, relating to expenses, was referred
to the Committee on Claims.
At three o'clock P. M. the Senate adjourned.
ASSEMBLY.
SAN FRANCISCO, Feb. 14, 1862.
The Speaker called the House to order at eleven o'clock. . . .
PETITIONS. . . .
Mr. Warwick presented a remonstrance, signed by James E. Parker, Secretary
of the California Wool Growers' Association, protesting against the
passage of an Act before the Assembly to restrict the herding of sheep,
as extraordinarily oppressive, and discriminating against the industrial
pursuits of the Association. He says, in behalf of the Association,
that the sheep interest has received no aid from the State; and they
hope the State will not interfere with it unjustly; that the wool product
of the State for 1861 was 16,914 bales, or 4,000,000, pounds, besides
which 600,000 pounds were consumed in the State. This wool was sold at
twelve cents per pound, but the shippers received twenty-four cents per
pound, making the value of the product of that year $1,104,000. The
exports for four years are stated as follows: In 1858, 6,464 bales;
1859, 10.570 bales; 1860, 12,082 bales; 1861, 16,914 bales. During the
past few months there have been lost by flood, of full grown sheep,
about 100.000; lambs, about 500,000--total, 600,000, so that the
current year will hardly, therefore, exhibit any increase; but setting
aside the results of this year, the annual increase of sheep averages
forty-five per cent., and the improvement in grades of sheep, quantity
and quality of wool is about the same. Great attention has been paid
to the introduction of high grades. More money has been paid within
the last three years for this purpose than in any other State of the
Union for ten years. California presents to the sheep farmer natural
advantages unsurpassed by any State or country. The increase of this
interest has been marked, although it has received no State encouragement.
Competent parties estimate that the annual clip of 1872 will be
30,000.000 pounds. They say that a law like that proposed will seriously
embarrass the wool interest, which, before many years, will occupy a
leading place in the productions of the State. Mr. Warwick asked the
reference of the paper to a Special Committee, but on motion of Mr. Ames,
it was referred to the Committee on Agriculture.
REPORTS. . . .
Mr. Hoffman, from the Committee appointed to procure and cause to be
fitted up proper apartments for the Legislature and its attaches, and
to remove thereto the property and appurtenances of the Legislature,
submitted a final report. They recommend the payment of the following
bills: California Steam Navigation Company, for transporting property
and appurtenances, $1,000: Kennedy & Bell, for furnishing and laying down
carpeting and matting for the Senate and Assembly, $214; three porters'
services for seven days, $28 each; two porters for four days, $16 each;
total, $1,330. The Committee report the assignment of rooms in the
Exchange building, used as a Capitol, as follows: Room No. 1, to the
Governor; No. 2, Governor's Private Secretary; No. 3. Assembly Committee
on Ways and Means; No. 5, Committees on Military Affairs, of both
Houses; No. 6, Assembly Judiciary Committee; No. 7, Committee on
Claims of both Houses; No. 9, Special Committees; No 12, Committees
on Federal Relations and Public Morals of both Houses; Nos. 13 and
15, Sergeant-at-Arms of the Assembly; No. 16. Committee on the Judiciary
of the Senate; No. 17, Committees on Elections of both Houses, and
Finance Committee of the Senate; No. 18, Enrolling Clerk of the Senate;
No. 19, Copying Clerk of the Senate; No. 39. Enrolling Clerk of the
Assembly No. 38, Engrossing Clerk of the Assembly; No 40, Copying Clerk
of the Assembly; No. 37, Engrossing Clerk of the Senate. The Committee
report that the whole cost of removal from Sacramento, and fitting up
apartments, etc., is $1,330, and conclude by asking to be discharged.
Mr. Hoffman said a bill had been drawn, and would be presented in the
Senate, making the necessary appropriations.
The Speaker said if there was no objection, the report would be received
and placed on file and the Committee discharged. . . .
THE REMOVAL OF THE GOVERNOR.
Mr. Dean proposed the following, which was adopted:
Resolved, That the Committee upon Ways and Means be and are hereby
instructed to report tomorrow upon the bill now in their possession,
entitled an Act to authorize the Governor of this State to reside and
keep his office in the city of San Francisco during the present session
of the Legislature. . . .
THE FENCE BILL.
After several postponements of other business, the House at a quarter
to two o'clock took up as the special order Assembly Bill No. 68--An
Act for the better protection of farmers, and for regulating the herding
of stock, and considered the bill in Committee of the Whole
(Mr. Tilton of San Francisco in the chair.)
Mr. Irwin moved to amend the bill so as not to apply to Siskiyou county.
Mr. Avery moved to add Nevada county to the amendment.
Mr. Wright said he proposed to offer a section at the proper place, which
could be made to cover all the counties.
Several other members asked to have their counties excluded.
Mr. Meyers said he supposed not more than half a dozen counties desired
such a law, including Alameda, San Joaquin, Yuba, and perhaps two or three
others, and he thought the bill had better be amended so as to name them,
and exclude all others.
Mr. Wright called for the reading of his amendment.
Sec 12. This Act shall not apply to the counties of Del Norte, Klamath,
Humboldt and Calaveras.
Other members asked to have added the counties of Napa, Marin, Sonoma,
Lake, Trinity, El Dorado, San Diego, San Mateo, Los Angeles, Contra Costa,
Santa Clara, Shasta, Amador, Nevada, Placer, Colusa, Tehama, Tuolumne,
Mono and Santa Barbara.
Mr. Ferguson said if members would allow the bill to be read through
perhaps they would find it was not so objectionable. He would move,
after it was read, to refer it to the Sacramento delegation, and have
it amended so as to include only Sacramento, and then gentlemen who
desired it coald have their counties added.
Mr. Meyers said it would be unjust to refer the bill to only one
delegation, when others were equally interested.
Mr. Saul said he had desired to present the bill only as a local bill
for Sacramento, but had consented, at the urgent request of other
gentlemen, to make it a general bill. He proposed to offer a section
that the Act should apply only to Sacramento, and then members who
desired could add their counties.
Mr. Ferguson moved that the Committee rise and report the bill back
without recommendation, with a view to referring it for amendment.
Mr. Bell said nothing was to be gained by referring the bill. A great
deal of the wisdom of the Agricultural Committee had already been
expended upon it. He was in favor of the bill for his counties, and
thought that those who did not want it ought to be satisfied with
exempting their counties.
The motion that the Committee rise was carried--ayes, 40; noes, 16,
and the Speaker resumed the chair.
Mr. Ferguson moved to refer the bill to the Sacramento delegation and
such other delegations as desired to be added.
Mr. Bell opposed the motion and expressed regret that representatives
of the mining counties should object to allowing the agricultural
counties to have such a fence law as they desired. There was no measure
before the Legislature in which so many people exhibited so deep an
interest. He had been button-holed, waylaid, overwhelmed, surrounded
and prayed to, by men from Alameda county, who said, for God's sake,
let us have that bill through.
The Speaker called Mr. Bell to order for speaking upon the merits of
the bill upon a motion to refer, and addressed the House at some length
in reprehension of the practice of making eloquent and profound speeches
on that motion, which he considered a waste of time.
Mr. Ferguson said he wanted the bill referred in order that it might be
maturely deliberated upon. He knew that it was not applicable to some
portions of Sacramento county.
Mr. Bell insisted that in the existing state of the country, the bill
ought to pass at once without any reference.
Mr. Tilton of San Francisco, moved that the bill be postponed
indefinitely.
Mr. Ferguson objected that that would prevent the subject matter of
the bill from being introduced again daring the session.
Mr. Tilton said he thought it did not. The bill could be introduced
as a bill applying to their counties.
Mr. Shannon said he believed the motion to commit took precedence.
Mr. Ferguson said his motion was to refer to the Sacramento, Yolo,
Alameda, San Joaquin and Yuba delegations.
The Speaker said a motion to postpone indefinitely had the precedence.
Mr. Warwick said, then he hoped the motion would not prevail, for this
was a matter of the most vital importance to Sacramento county in
particular.
Mr. Hoag said he understood a motion to commit took precedence of a
motion to postpone.
The Speaker said the motion was not to commit, but to refer.
Mr. Hoag--I will use the term "commit." I move to commit the bill
to those delegations.
The Speaker--Then that motion has precedence.
Mr. Ferguson and some others inquired whether the indefinite postponement
of the bill would not prevent the introduction of the substance of the
bill.
The Speaker said the indefinite postponement did not prevent bringing
in another bill. It only prevented bringing in this identical bill.
Mr. Collins moved to amend the motion to commit, by instructing the
delegations to insert a provision applying the bill only to such
counties as might be designated by their respective delegations.
Mr. Hoag said he would accept the amendment.
The Speaker said, then the motion was, in effect, to refer the bill
to a new Committee.
Mr. McCullough said he was requested by one of the members from San
Joaquin to ask that that county be stricken from the list, and the
member said that although most of the fences in his portion of the
county had been washed away, still they preferred to fence in their
agricultural lands and their grain rather than their stock.
Mr. Meyers said, as one of the delegation from that county, he hoped
it would be included.
The bill was referred to the Sacramento, Yuba, San Joaquin, Yolo,
Alameda and Amador delegations, with the instructions by Mr. Collins. . . .
GENERAL FILE. . . .
Assembly Bill s [?] No. 88--Act to authorize the Board of Supervisors
of Sutter county to levy a special tax for the repair of the Court House
in said county; . . .
Assembly Bill No. 56--An Act for the relief of the taxpayers of
Mendocino county--was debated.
Mr. Avery urged that there was no necessity for the bill, since under
the general revenue law the District Attorney was already authorized
to suspend executions.
Messrs. Ames and Hoffman controverted that view.
Mr. Ames urged the passage of the bill as an act of humanity to about
two hundred persons in the county who had been destroyed by the flood.
On a motion by Mr. Shannon to postpone the bill indefinitely, the ayes
and noes were demanded, and the motion was lost--ayes,16; noes, 39.
The bill was ordered engrossed, on a division--ayes, 36; noes. 11. . . .
Assembly Bill No 7--An Act to extend the time
for collecting deiinquent taxes in the county of San Diego--was taken up.
Mr. Hoffman said it was true his county had not been ovewhelmed by
floods, but they had suffered a worse disaster in the removal of the
Overland mail. The delinquents wanted till Spring to enable them to
sell their stock, and then they would be able te pay their taxes.
Mr. Eagar moved to postpone the bill indefinitely.
Mr. Shannon moved to make this bill, together with the bill for the
relief of the taxpayers of Mendocino county, the special order for
Monday at one o'clock.
Mr. Ames called for a division of the question, and the Speaker put
the vote--"Shall the question be divided," which was carried.
The bill in relation to San Diego county was postponed till Monday.
Mr. Ames raised a question of order, that the bill relating to Mendocino
county was not in possession of the House, having been ordered engrossed,
and in the hands of the Engrossing Clerk.
The Speaker said the bill had not passed out of the possession of the
House so far but that the House could make it a special order.
It was then postponed till Monday.
At forty minutes past three o'clock, the House adjourned.
THE LEGISLATURE.--The people of the State had reason to hope that the
present Legislature would confine itself to business, and make this an
exception to former California Legislatures, by doing what was necessary
to be done, and adjourning sine die. But the present prospect is
not very encouraging for a short session; the Legislature is dragging
itself slowly along, just as if the State had not been laid waste by
floods and the people impoverished. Will some member urge a short
session, and save the State a few thousands, at least; will gassy
members please make short speeches? . . . Will the present Legislature .
. .pass a law to relieve farmers from fencing in their crops, for the
present year especially; . . .--Red Bluff Independent.
Sacramento Daily Union, Volume 22, Number 3398, 18 February 1862, p. 2
NEWS OF THE MORNING.
. . . .
Another communication from T. Rowlandson, on the subject of protecting
our valleys from inundation, will be noticed. . . .
The levee line at Rabel's tannery was occupied yesterday by some ninety
enterprising citizens, who were engaged in throwing up intrenchments
to protect the city against invasion by water. It is understood there
will be on the ground a still larger number to-day. A contribution was
taken up yesterday, and raised sufficient to employ one hundred men for
five days on the above mentioned works. . . .
ANOTHER PROJECT.--A correspondent of the Marysville Appeal,
referring to statements that Cortes Square, which was proposed as a
site for the State Capitol, had been under water, proposes to give a
heavy tract of land of which he has control, for the object. It
measures 240 feet, fronting on D street "and extending one hundred
and sixty feet back to Maiden Lane, on ground that never was under
water since Noah's time." . . .
TO STRAIGHTEN THE AMERICAN.--Senator Heacock has, as per our report,
introduced a bill into the Senate, which provides for condemning land
on the American river for the purpose of straightening it, which was
referred to the Sacramento delegation. A bill of this character is very
much needed, and one should be passed at an early day. We would, however,
suggest that the bill may be simplified to some extent without impairing
its efficiency. Under the provisions of the bill, as published, it will
require a pretty long time to obtain an order of condemnation; the process
is too long, and can be shortened without imperiling the rights of the
parties interested. It is of vital concern to this city to have the power
conferred upon its authorities to straighten, or, if need be to protect
the city, to turn the American into a new channel. This power should be
conferred upon the city in language which cannot be misunderstood or
misconstrued, and which will fully provide for the exercise of said power.
For a few thousand dollars we are assured that the whole river may be
turned through a slough known as Hoyt's, about a half mile above Rabel's
tannery. Such a change of the channel would relieve the city of the
danger from the current in the bend at Rabel's, and many years would pass
before the river would again threaten the city at that point. It is
there where the large crevasse has been opened, and through which the Gem
was carried by the current It is also claimed that turning the river at
that point would remove the danger from the bend which is steadily cutting
its way into Willow Lake, and thus approaching the city at the locality
where the present levee crosses Sixth and Seventh streets. But we are
inclined to think that it will be necessary to send the river through
Maulden's slough into the Sacramento, some distance above its present
mouth, in order to relieve the city of all danger from the bend which
is advancing through Willow Lake. But to straighten the river, or to
divide its waters by canals, it is necessary for the city to be clothed
with authority to condemn property for that purpose. The manner, and
points where it shall be done, are matters to be decided by engineers
after having thoroughly examined the river and its channel.
The new city charter makes no provisions for building and repairing
levees; it is proposed, as we understand the matter, to have a separate
law paased creating a Board of Levee Commissioners, whose authority
shall only extend to the levees within the city limits; but within
the city their power to be absolute on the levee subject. This will
prove a good plan if the right kind of men are selected for
Commissioners. But a bill to create a Board of Levee Commissioners
should contain the provisions for condemning land for straightening
the river, which are included in the bill of Senator Heacock.
There is another matter which may need consideration. In the levee
plan pretty much agreed upon by the Committee of Safety, the city
will be called upon to pay a portion of the cost of a levee from
Thirty-first street to Burns' slough. If this is done, authority
should be conferred on the city Levee Commissioners to act in
concert with the Swamp Land Commissioners in building a levee and
keeping it in repair between those points. In providing for levees,
a general system should be adopted which will answer to work upon
for years. It is conceded that we must collect in the city an annual
levee tax, and when collected, a body should be in existence authorized
to expend it The utmost vigilance hereafter will be demanded on the
part of those who have control of the levees.
We are glad to know that the Committee are pushing ahead with the work
of rebuilding the levee at the tannery. The time to make hay is while
the sun shines, and while this favorable weather lasts not a minute
should be lost. It is gratifying, too, to see how cheerfully and
energetically our citizens respond to the call for volunteers to
work on the levee. The number of volunteers has increased every day
since the work was begun, and we hope will continue to increase daily
until it is completed.
ON THE INSUFFICIENCY OF LEVEES.--In this number we give another article
from T. Rowlandson on the insufficiency of levees alone to protect
Sacramento and Sacramento Valley. He seems to think that the Straits
of Carquinez have much to do in piling up the water in this valley,
and that the water of the San Joaquin also added to the quantity in
consequence of the inability of those straits to pass off the mass
of water which accumulates in the two valleys. There may be something
in the reasoning, though we confess that we are not engineer enough to
discover it. The water in the straits, as well as in the bay this side,
is salt; the level is the same as the sea outside the Golden Gate; it
is influenced by the tides to the same extent, and therefore we do not
see how the width of the outlet at Benicia affects the level of the
water above, more than the rise of the tide would, were the bay ten
times as large. But this may be a common error, which Rowlandson's
arguments and facts may correct. He appears to ignore all the experience
of Europeans, for the past few hundred years, in leveeing, to keep
rivers within their banks, so far as this valley is concerned. His
views are worthy of consideration, and will call forth articles in
response. The discussion will prove beneficial in instructing the public
on the important subject.
p. 3
CITY INTELLIGENCE.. . .
COLLECTING COMMITTEES.--During the greater portion of yesterday and
a portion of Saturday, Committees were actively engaged in obtaining
subscriptions for the levee repairs at the tannery. B. C. Whiting and
C. Coffin canvassed one portion of the city and Frank F. Taylor and
W. P. Coleman another. They received either subscriptions in cash or
the names of those who are willing to send workmen to labor in their
own stead. They were very successful. The Committee will be prepared
this morning, it is said, to hire a hundred hands for one week without
touching a dollar of the original fund in their hands. . . .
BODY FOUND.--The body of a man was found on Saturday last about three
miles below Washington, on the Yolo side, near the edge of the tules.
An inquest was held by Justice Willmer of Washington. The jury brought
in a verdict that deceased was a white man, about thirty years of age,
name unknown, that he came to his death by drowning. . . .
A CHANCE FOR WORK.--Superintendents of the levee work at the tannery
will probably employ to-day from seventy-five to one hundred workmen
to push forward the work of closing up the crevasse. They pay a dollar
per day and board. . . .
THE WORK AT THE TANNERY.--There were some seventy or eighty men at work
at the levee at the tannery yesterday. There will probably be more to-day,
as the Committee is authorized to hire a larger number than heretofore,
to be paid from private funds. . . .
FLAG PRESENTATION AT CAMP UNION.
The presentation of the regimental flag to the Fifth Regiment,
announced a few days since, took place at about 1 o'clock P. M.
yesterday at Camp Union. The flag was prepared.by D.Norcross of
San Francisco, several weeks ago, at a cost of between two and three
hundred dollars, at the instance of the following named ladies of
this city: Mrs. W. C. Kibbe, Mrs. R. Beck, Mrs. E. P. Figg,
Mrs. W. S. Mesick, Mrs. J. G. Downey, Mrs. G. Cushing, Mrs. J. P. Robinson,
Mrs. L. Williams, Mrs. John Arnold, Mrs. D. W. Earl, Mrs. J. H. Carroll,
and Mrs. G. W. Chesley. At about 12 o'clock M. yesterday, a company of
about twenty-five ladies, including most of the above, and a number of
gentlemen, started from Sixth and N streets, in boats for Camp Union.
At a previous hour, R. Robinson, Judge, and P. Robinson, Associate Judge
of the Court of Sessions, with the members of the Grand Jury, had left
the city on the invitation of Colonel Forman, for the camp. . . .
After the dismissal of the battalion the ladies returned to the boats,
escorted by the band of the Fifth Regiment and by Captain Smith's company.
The company arrived in the city, after a rather rough boat ride, at about
seven o'clock in the evening, evidently greatly pleased with their visit
to Camp Union.
THE FUTURE OF SACRAMENTO.--Under the above head, the San Francisco
Herald and Mirror publishes the following encouraging, as well
as kindly and handsomely expressed editorial upon Sacramento--her citizens
and her future:
The calamity which has befallen Sacramento--the late beautiful City of
the Plains--is a matter of history. It stands a wreck, but still clings
together with an inherent vitality that gives promise that it may once
more--not in a year, perhaps--but with cumulative progress, regain its
fair proportions and wonted vigor, and resume and retain its rank as the
second city of the State. Its future is a matter of deep interest not
only to its own citizens but to us of San Francisco and the people of
the State at large. Those of its citizens with whom we have conversed
speak hopefully of the future, and give us assurance that during the
present year the city will be guarded against a recurrence of a calamity
similar to the one from which it has just suffered. There is certainly
every inducement to extra exertion in this respect on the part of its
citizens. Its admitted superior location in a commercial point of view,
as the center of the State, and the large amount of property involved
should not and cannot be yielded up without a desperate struggle. But
when the matter is looked at calmly, the security sought for can be
attained with comparative ease and at little cost.
If the municipal finances are not in a condition to effect the rebuilding
of the levees on a wider and firmer basis, and of an adequate hight, let
the entire able-bodied male citizens give their individual services to
the good work, or furnish substitutes, and without doubt the desired
defensive embankment will soon be erected. The contemplation of the
work to be done, while the city is still partially submerged, naturally
magnifies its extent to herculean proportions, which will assuredly
dwindle away when the waters have abated, and its citizens find indeed
that there is dry land beneath them. The history of the past--truly
wonderful energy and elasticity exhibited by its people, under repeated
and scarcely less severe visitations by fire and flood--assures us that
the apparent withered flower will revive and bloom again with increased
beauty and vigor.
That there has already been a happy change in the feelings of
Sacramentans in regard to the future, we may cite the fact of so
many of their families returning, who have been resident here since
the inundation of their city. Their homes have been made comfortable,
and with the lapse of time and the springing grass, a new spirit will be
infused in the community. The work to be done will be accomplished, the
vestiges of the flood be hidden from view under the pleasing garb of
general prosperity.
Such is the hope of its people. And such we know to be the earnest
desire of San Franciscans, despite the futile attempts of the leading
journal of Sacramento to prejudice us in the esteem of its readers.
The liberality with which San Francisco has responded to the claims
in their behalf, give proof of our brotherly feeling, and community
of interest will secure its continuance without abatement.
If Sacramento proves to be but true to itself its recuperative energies
will enable it again to triumph over adversity, and again take rank as
one of the fairest cities on the continent. Never say die!
BOARD OF SUPERVISORS.
MONDAY, Feb. 17, 1862.
The Board met, pursuant to adjournment, at two o'clock P. M. yesterday. . . .
The petition of Hoyt and others, for the right to rebuild a bridge
across the slough north of Lisle's bridge, was referred to the
Committee on Roads and Bridges, with instructions to report on the
same tomorrow. . . .
The following petition of Samuel Norris was read by the Clerk:
Your petitioner, Samnel Norris, respectfully represents that he is the
owner and in the possession of the land on both sides of the American
river at the place known as "Lisle & Hereford's Ferry;" that the public
convenience requires that a ferry should be established and maintained
at said place; that he is now the owner of the ferry franchise at said
place, having purchased the same of the former proprietors of said
"Lisle & Hereford's Ferry;" that he is well acquainted with the business
of running ferries, having kept and maintained ferries over said river
at various points for many years; that he has the proper boats and tackle
to properly keep and maintain said ferry in good order; that he has
given the proper notice of this application for a license to run a ferry
at said place, as will appear by the affidavits herewith filed; wherefore,
he prays your honorable body to grant him a license to keep and maintain
a ferry at said place, or some convenient place in that vicinity, according
to the statute in such case made and provided.
The petition was accompanied by an affidavit showing that proper notices
had been posted at various points by the petitioner of his intention to
make the application.
E. B. Crocker appeared before the Board as counsel for the petitioner,
and J. W. Winans for Pearis & Harris, the owners of Lisle's bridge.
E. B. Crocker desired the Board, if there was no opposition to the
petition, to grant the prayer thereof.
J. W. Winans said there was opposition, and had been all the time; that
as the petitioners asked for the right to locate a ferry within a mile
of the bridge of his clients, and indeed at the same locality, it was
their duty to prove by evidence that the public interest required snch
ferry. It was, however, their duty to serve a notice of their intention
to apply for the franchise on the proprietors of the bridge. He denied
that any such notice had been served, and the first point for the
petitioners to prove was the service of such notice, or they could not
properly be heard.
Supervisor GRANGER thought the subject matter at issue would doubtless
be carried to the higher Courts, and it would be best to postpone
action until the proper notice had been given.
Supervisor HANSBROW thought the Board should act upon the case, doing
justice to the parties, and allowing the Courts to settle all law points
connected with it.
E. B. Crocker was willing to proceed with the introduction of testimony.
The presence of. the opposite party rendered a service of notice
unnecessary. He did not desire to consume time, but would prefer to
submit the evidence, and then the opposite side could argue the matter
as long as they chose. He did not design to consume time uselessly.
J. W. Winans did not like the harmlessness of the opposite counsel. It
was like the foot of a cat. At first you could feel but the velvet paw;
but confide in it too far and you would feel the claws. He, for one,
should not trust to it. He demanded the regular and formal notice.
On motion of Supervisor GRANGER, the consideration of the petition
was postponed until the first meeting of the Board in next month--the
petitioner to give the usual notice.
The petition of Pearis & Harris for the right to run a ferry at the
same place was, on motion, continued until the same day.
[For the Union.]
CALIFORNIA FLOODS.
Their Causes and Suggested Remedies.--No. 2.
BY T. ROWLANDSON, SAN FRANCISCO.
PROPOSED ABSURD AND OBNOXIOUS LEGISLATION.
Immediately after forwarding my former communication, I observed in
the Alta of Thursday an article detailing the provisions of a
measure either introduced or about to be introduced into the Legislature,
with the object of what is called reclaiming the swamp lands, and
applying convict labor to the purpose. Both objects appear no doubt
to the superficial observer highly praiseworthy, and provided the
convict labor so directed would eventually possess an unalloyed
beneficial tendency, there can be no reasonable objection to its
being so engaged. In fact, whatever plan may finally be adopted,
the public thanks are due to the gentleman who made the proposition,
for pointing out a mode of usefully employing labor which has hitherto
been very expensive, and almost useless to the State, which possesses
at the same time the advantage of having a punitive character beyond
that of simple improvement.
I may here explain that I make no objection to the construction of
levees as part of a comprehensive system of reclamation and mitigation
or prevention of the injurious or destructive effects of future floods.
I merely wish to be understood as opposing the idea that levees alone
will effect any permanent advantage; on the contrary, their construction
will greatly aggravate the evil. This will be best seen by pursuing
the analysis to its extreme limits, by which it will be perceived that
the danger to such places as are situated like Sacramento from future
floods will increase precisely in proportion as reclamation of what
are called the swamp lauds proceeds by means of levees, unaccompanied
by other preventives.
COMMON ERRORS RESPECTING THE SACRAMENTO VALLEY.
It is an ordinary error with the bulk of mankind to mistake names for
things, and also to contemplate with an undue interest that which
immediately surrounds their own local position and interest. It has,
perhaps, occurred to few residents of Sacramento, that their late
misfortunes have been quite as much attributable to the rain which
fell south of the American, as to that which fell during the same
period to the north and west of Sacramento. Without insisting that such
is the case I deem it more than probable that the disaster which lately
visited Sacramento would never have occurred had it not been for the
indirect influence of the reflux occasioned by the rain which fell south
of that city. Parties observing the floods pouring through the
Sacramento; and the American rivers past their houses, very naturally
but unthinkingly suppose that the rise of their waters are solely due
to the mass of waters supplied within a given time from above; there
being no return stream from the south, the prejudicial effect of the
water falling in that direction is unnoticed. If, however, as I believe
will be found to be the case, on close investigation, the volume of
water which passes through the Straits of Carquinez is chiefly derived
from the country south of Sacramento, it will be at once obvious to the
observer how important an object to the present inquiry is the hydrography
of that part of the basin which lies to the south of Sacramento, the only
outlet to the entire valley being the Straits of Carquinez. Owing to the
chief centers of intercourse being differently placed--one in which the
trade is chiefly confined to the district whose surplus waters are
drained by the Sacramento, the current of which descends from the north
to the South; and the other Stockton, on the San Joaquin, the chief
trading center of what commonly receives the name of the Southern
mines; the waters of the San Joaquin pursue a course from south to
north, the reverse of the Sacramento. The waters of both, however,
combine and afterwards jointly pursue a westerly course to the ocean
through the Straits of Carquinez. If, therefore, as I believe to be
the case, the amount of water furnished by that part of the basin south
of Sacramento during the extensive rain storms like that with which we
have been lately visited, is beyond the capacity of those straits for
discharging the whole rain-fall of the southern water shed, as it
accumulates in the intervening valley, the surplus must necessarily
accumulate and add to the volume poured down by the Sacramento and
its eastern and western affluents. Had it not been for the fact just
stated, it is highly probable that no flood would have occurred at
Sacramento. I am inclined to believe that had the Straits of Carquinez
possessed a capacity equal to the discharge of the waters coming from
the south, and in addition thereto of only one-half or one-third of
that of the Sacramento, as it passes the city to which it has given
a name, its late disasters would not have occurred. In giving this
opinion, however, it presupposes that the unreclaimed marsh or tule
land on the right bank of the Sacramento is to continue in its present
unimproved condition, as a receptacle or safety valve for the surplus
waters of that river, on the occasion of sudden floods. If the river
Sacramento received or combined with no material accession of waters
below the city of Sacramento before it arrived at the Straits of
Carquinez, the danger of that city, from that river, being overflowed,
could probably be wholly obviated by a slight elevation and
strengthening of the levees. If not it certainly could be accomplished
by some very simple improvements in addition thereto on the river below
Sacramento. To prevent all future damage arising from the American
river some additional arrangement, easily practicable and comparatively
inexpensive, will have to be made, in any case. The remedy to be
employed should be a comprehensive one; if it is not comprehensive,
disaster and disappointment will follow as an inevitable consequence.
As ordinarily recognized geographic divisions, it is customary to speak
of the Sacramento and San Joaquin valleys; as convenient forms of common
expression they are excusable. It would, however, be difficult to assign
any good reason for drawing a separation so far as physical geography is
concerned, and none whatever for its hydrography. It consequently follows
that in any speculation having for its object the reclamation of the
central valley of California or the maintenance within its bounds of
its storm-floods, all the circumstances connected with the entire area
of these valleys must be constantly kept in view
WIDENING THE STRAITS OF CARQUINEZ.
It is intended to reserve for a future occasion the estimate, in
figures, of the capacity or incapacity of the Straits of Carquinez
for discharging the volume of water which finds its way to that
outlet from the central valley of California. The writer intends to
merely assert for the present that it is incapable of carrying away,
during extraordinary floods, the waters as they accumulate. This will
be perceived to be a self-evident proposition when it is reflected that
if they had a sufficient capacity for that purpose no overflow would
exist nor waters accumulate in the central or lowest parts of the
valley. The idea has consequently been suggested that a large part
if not the entire evil would be prevented by excavating and widening
the Straits of Carquinez. It will be shown, when we come to figures,
that so far as practical economy is concerned, this could not be
accomplished. When, however, all the data are collected (if that
should ever be), and proper estimates based thereon, it is possible
in such an event that it may be fonnd that some works of the character
under notice ought to be made in order to make a perfect whole.
The Straits of Carquinez must always form one important base of
calculations, whatever may be the course eventually followed. No
axiom in hydraulics is so well understood and unhesitatingly admitted
as that the capacity of discharge of a stream at any given velocity
is that of its smallest sectional area; this exists in the Straits
of Carquinez.
DESTRUCTIVE CONSEQUENCES TO BE ANTICIPATED FROM DAMMING BACK THE
WATERS FROM THE SWAMP LANDS UNLESS OTHER PALLIATIVE ARE SIMULTANEOUSLY
ADOPTED.
It has already been shown that the sectional area of the Straits
of Carquinez at its narrowest part is unequal to the discharge of the
waters of heavy rain storms, which find their outlet through that
passage, and derived solely from the water shed of the great central
valley of California. Owing to this inadequate outlet it is computed
that for a longer or shorter period something like 6,000,000 acres of
land are annually inundated to a depth more or less, according to
circumstances of position. This is the effect in ordinary years;
occasionally, as in the late instance, the area covered by water is
more extensive, and the floods become so high as to either overtop
their banks, or form crevasses in the neighboring levees, in either
case to the great destruction of property, and occasionally of life,
that had relied for security on those ofttimes frail and delusive
barriers. If such is the case in the present condition of things,
when perhaps no space so extensive as Sacramento has as yet been
inclosed with levees, what must the consequences be when as it is
proposed, the swamp lands are leveed by millions of acres? We already
know what has occurred while the floods are at liberty to spread
themselves over a district extending 300 miles in length, and from
20 to 50 miles in breadth, covering an area of more than 10,000
square miles, upwards, most probably, of 7,000,000 acres; without
such an open space, what would have been the destructive character
of the torrent which must otherwise have torn its way throngh the
lower part of the central valley of California? The ravage which must
have occurred is too vast to contemplate, and the magnitude of the
power too great for human comprehension; had it been confined within
narrow bounds and put into destructive motion. As popular but weakly
illustrative examples may be pointed out what has been described as
having occurred on the rivers in Northern California and Oregon: the
Klamath and others, for example, it has been stated; rose respectively,
forty, fifty and seventy feet and upwards above their ordinary level
of high floods. On looking at a map it will at once be seen how much
smaller an extent of country is drained by the Klamath as compared with
the area of the entire water shed of the central California Valley.
The disadvantage of the latter, however, does not stop here; the head
waters of the Klamath comprise some very considerable lakes, which
have the effect of greatly retarding the arrival of the upper waters
into the lower portions of the river, probably to the extent of
preventing the former mingling with the latter until after the first
force of the flood in the lower portions of the stream has been expended.
On the other hand, the waters which we have now under consideration
have only to travel a short distance before they reach a large inland
sea, possessing, for the ordinary purposes of estimation a common
level--on reaching the margin of which the roaring torrents become
absorbed and their destructive strength neutralized in the placid and
almost currentless waters of an extensive sheet of water.
The examples and comparisons given will serve to show the immense
conservant influence exercised over the dangerous consequences of
th [sic] angry flood through the agency of the lakes and morasses of
the valley drained by the Sacramento and San Joaquin. Whether wisely
or unwisely, in the thoughtlessness of inexperience, and further
prompted, no doubt, by a too eager thirst of gain, what so frequently
deadens the faculties of mankind to ulterior consequences; a great
city with large surrounding interests has been located in a position
liable to occasional inundation, unless the flood waters of the
surrounding country can be by some means or other lowered during
future heavy floods, or if this cannot be effected, its outward
barriers will have to be strengthen and elevated. It is the opinion
of the writer that the former can be accomplished without having
recourse to the latter; to attain this object, however, it will be
requisite to carry on some additional works as antidotes to the evils
which otherwise would arise if the swamp lands are to be inclosed
as proposed by the mere formation of levees, and no counteracting
agency put in operation to counteract this dangerous tendency--the
illustration of which will not now occupy muoh space.
It has already been shown that the straits of Carquinez are inadequate
to maintain the interior waters at their normal level. The
widening of them, to the extent requisite for this purpose, would be
a much greater undertaking than most persons suppose, and if
accomplished would not be altogether an unmixed good. If, therefore,
these straits are inadequate now for the purpose of maintaining the
interior waters at a level sufficiently low as to prevent their
overflowing, and damaging places where large existing interests and
properties are located, how much must that danger be increased, and
how much oftener will such damages occur, when a part of the low lands
are inclosed, and the waters leveed out therefrom? At present the
overflowed lands form a part of the large area whose conservative
agency is at this moment so effective in reducing the level of the
flood waters, and thus practically curbing their destructive agency
within bounds. Diminish the area over which these waters now spread
themselves, and an intensely destructive force must accumulate, already
found occasionally unmanageable, without the aid of any such extra
assistance.
What is true of the whole is true of a part; if we reason this way
or the reverse it will become self-evident to the most unreflecting
mind that the proposed mode of reclaiming the swamp lands by levees,
erected to prevent t he incursion of flood water where it is now free
to do so, can only have the effect of increasing the mean level of the
water not so leveed. Levee 10,000 acres out of 6,000,000 acres, and
the increased depth would scarcely become perceptible. Levee 100,000
aores, the increased depth would sensibly manifest itself; inclose
1,000,000 acres, and probably the floods of any ordinary Winter, as
well as the usual Spring floods, consequent on the melting of the snows,
would become uncontrollable; to inclose 5,000,000, unless works are
contemporaneously constructed for the purpose of concentrating the
injurious effects of more leveeing, I hold to be out of the power of
man, with the materials at the engineer's command. In a theoretical
sense, the word impossible is almost excluded from the modern
engineer's vocabulary, but when cost and the balance of advantages
and disadvantages have to be carefully weighed, the balance, be it
favorable or unfavorable, is justly deemed, in a worldly point of
view, the true test of possibility and practicability.
CAPITAL MEETING IN MARYSVILLE.--The Appeal, of Febrnary 15th
has the following notice of this affair:
At a special meeting of the Common Council last night, the Committee
to whom was referred the proposition to quitclaim the interest of
the city in Cortes Square made a minority report in favor of such
action. Some discussion ensued, and the Council refused to adopt
the report of the Committee by a vote of 4 to 3. After some unimportant
business, the Council adjourned, and an adjourned meeting of citizens
was convened to hear the report of the Committee upon the Capital
question. They reported progress, though their progress does not
amount to much. A resolution was adopted authorizing the Committee
having the matter in charge to draft an Act to be offered in the
Legislature authorizing the city of Marysville to issue her bonds
in the amount of $100,000 for the purpose of creating a fund for a
Capitol building. The meeting was then adjourned, subject to the
call of the Chairman of the Capital Committee.
ACCIDENTS IN INDIAN VALLEY, PLUMAS COUNTY.--The Standard of
February 8th, has the following:
We learn that while Ben. Hunsinger, a resident of Indian Valley,
was attempting to drive a team loaded with flour through one of the
streams which abound there, his horses became entangled and were both
drowned. His wagon; also, was. upset, and its contents lost. Hunsinger
barely escaped by clinging to a willow until succor arrived.
Another accident occurred about a week since, at the same place, which
came near having a fatal termination. Peck, in company with another
man whose name we did not learn, while attempting to cross the river
in a boat, by some carelessness upset it. Peck's companion was unable
to swim, but succeeded in holding on to the boat, and drifted to a
place of safety. Peck swam to some willows, where he stood up to his
armpits in water until rescued. When taken ashore he was found unable
to stand, so thoroughly was he chilled.
DID HE LOSE BY IT?--The Nevada Transcript, we notice, is bent
on moving the Capital from Sacramento to some other point, it does
not care much where. A "casual observer" would naturally suppose
that the editor of that paper was, in 1848 and 1849, really an owner
of the land where Sutterville now is, and that he had made an
unsuccessful attempt to get the town of Sacramento located on his
property. He "pitches" heavy into Sacramento, now that she is in
distress. For shame, Mr. Transcript! Should you succeed in your
endeavors, you can exclaim, "Solitary and alone we set this ball
in motion."--Red Bluff Beacon.
Sacramento Daily Union, Volume 22, Number 3399, 19 February 1862, p. 1
[For the Union.]
CALIFORNIA FLOODS.
Their Causes and Suggested Remedies.--No. 3.
BY T. ROWLANDSON, SAN FRANCISCO.
ROBBING PETER TO ENRICH PAUL.
It does not appear to have occurred to the advocates of reclaiming the
swamp lands by the mere aid of levees, that the same levees that would
keep out ordinary floods would be the means also of retaining within
their limits a great mass of what is commonly called back water.
Self-acting flood gates could no doubt be constructed that would permit
the outflow of this back water, when the main body of water had receded
a level below that of the inclosed back water, but in extreme cases like
that which has continued from November last until the present time, or
say ten weeks in all, the lands inside of the levees must continue
inundated to an extent not much less than they are at present. This
fact is merely stated for the purpose of showing that in order to
secure immunity from the damaging effects of floods it is as essential
even for those lands which it is proposed to reclaim by mere leveeing;
to devise means in addition thereto as will be effective in reducing
the level of the main body of flood waters.
There is, however, another consideration of even greater importance
than the one just noticed: supposing any given quantity of acres is so
effectively leveed in as to exclude the flood waters from that particular
area, it must in such case become self evident that the mass of water
so excluded must add to, and, according to its volume must increase
the height of the outside flood, and consequently the necessity, of
constructing the levees proportionally higher. If the lands so leveed
only inclose 10,000 acres, the increase in depth so caused would not
be perceptible: if 100,000 acres, it might possibly be manifest; if
1,000,000 acres, the effect would net only become apparent in the
increased depth of the excluded waters, but would also make its
inflaence apparent in another and more serious manner. The rise of
the waters exterior to the levees proposed to be constructed would
not, however, be proportional to the volume excluded by their means,
because the pent out waters would, in the first place, diffuse themselves
over the unflooded low lands forming its margin, for it must always
be kept in view, when studying this question, that the dry lands
surrounding the main waters to a very considerable extent are only
very slightly elevated above the extreme hight of the late flood.
The swamp lands are ordinarily estimated to cover more than 6,000,000
acres, of which, probably, 1,000,000 will be always so much under water
as to be unfit for anything but rice culture. If this is a tolerably
correct approximative estimate there will remain a balance of
4,000 000 acres on which ingenuity and labor may profitably be expended
in their improvement; unless, however, such improvements are carried
out on a comprehensive system so as to afford every acre of this area
its due proportion of levee protection, it must become self evident
that partial reclamation of detached portions can only have the effect
of aggravating the injury on the remaining part and progressively
increasing the cost of leveeing the balance, whilst as the works
proceeded the pent out waters would gradually extend themselves over
the rich border level lands that had never previously been subjected
to inundation, until a point would be arrived at where every acre of
indifferent land that would be reclaimed would be at the expense of
submerging an equal area of the best lands in the State. It will be
made evident hereafter that, so far as practical economy is concerned,
the reclamation of the swamp lands is an impossibility, to any
considerable extent, by means of mere leveeing.
LEGAL RESPONSIBILITY OF BACKING OUT THE WATER FROM EXISTING SWAMPS
AND THROWING IT INTO EXISTING NON-OVERFLOWED LANDS.
It must be perfectly clear to the meanest capacity that unless means
can be devised to carry off the water excluded by levees as rapidly
as they add to the accumulation of the main waters, they must diffuse
themselves over the bordering sound lands. Hereafter I will demonstrate
that the discharge of the flood waters as they flow into the valley is
an impossibility in any case, whilst by diminishing the area for their
reception to any considerable extent, by attempting to reclaim the
swamps by means of levees, would necessitate the construction of
levees so elevated; as to be highly dangerous, especially when it is
considered how ill adapted for the purposes is the material at hand
for their erection. If, therefore, no means of a practical character
can be devised to carry off the pent back waters leveed out, and
prevent them from spreading over the sound lands not now overflowed,
and as it could be demonstrated in such an event that the reason of
the latter being inundated would be in direct consequence of the
leveeing out of the waters from the swamps heretofore submerged,
it would follow as a natural judicial sequence that the proprietors
of the so reclaimed swamp lands, with the promoters of their construction,
would be liable for all pecuniary losses and damages consequent on the
construction of such levees and thus preventing the flood waters from
disseminating themselves over areas wbich they otherwise naturally
would do, according to their relative levels. This is a view of the
case which appears to have been wholly overlooked. As you have in
Sacramento the supreme judicial Court of appeal, perhaps you could
easily ascertain from its members whether the above statement is
based on sound equity and law.
LOW ESTIMATE OF THE ABILITY REQUIRED TO DEVISE MEASURES AND
SUPERINTEND THE NECESSARY CONSTRUCTIONS TO OBVIATE THE DAMAGE WHICH
MAY ARISE FROM FUTURE FLOODS.
A glance at that part of Mr. Morrison's bill recently introduced into
the Legislature, having for its object the reclamation of swamp lands,
and which appropriates the magnificent (?) sum of $3,000 dollars for
plans, is perhaps the strongest evidence that could be produced of the
extremely low estimate put upon the ability required to devise remedial
measures for the prevention of the destructive effects which may arise
from future floods. Perhaps I may be wrong in supposing that so
comprehensive a plan was contemplated for such an insignificant reward;
it is probable that the $3,000 which it was proposed to offer as one
douceur, or a series of douceurs, was merely intended for a plan or
plans of constructing a mound or similar barrier for inclosing a
particular section of the swamp lands; if so, it is almost as excessive
a premium as in the former case it would be underrated.
To draw a plan and make an estimate for a levee of any given hight
across a flat marsh, is what may be accomplished by an ordinary
macbanic, or land surveyor. The skill required is not much beyond
that of being acquainted with the common rules of arithmetic. To
devise means to balance the inflow and outflow of water for the district
under consideration, and keep the water courses free, especially under
the existing deficiency of data--to control the water fiend within
harmless bounds, at the same time not to interfere with, but to make
the various operations required coincident with the perfect reclamation
of five-sixths of existing swamp lands, without in the least endangering
the immunity from overflow of the low marginal lands not hitherto
subjected to inundation, is an object worthy of the earnest attention
of the greatest engineer that ever existed, for it requires talents
not only of the highest order, but further, that those talents should
be fairly equipoised, otherwise it may be, as it often has occurred
during inquiries of a similar character, that too much value is given
to one phase of the subject and too little to others. In the present
case, I am firmly convinced that it is only by the most exact adjustment
of the different forces which perform their various functions that
immunity from future danger can be securely effected, and at the same
time be accompanied by the correlative advantages of reclaiming four
or five millions of at present worse than useless swamps.
With every respect for the ability and integrity of the various Boards
of Supervisors, County Surveyors, and other officers, which it is
proposed to form into local Courts of direction and superintendence,
I will put it to the plain common sense of the readers of the UNION,
are such parties fitted to select or adjudicate on what, if it is to
be a real benefit, must be a comprehensive plan, divested of all leaning
to mere local interests? Are they not, on the contrary, convinced, as
all experience has shown, that they are much more likely to countenance
objects of local rather than a generally beneficial character? It might
be considered that public surveying officers wonld form the fittest
quorum with whom to leave the adjustment of measures having for their
object the prevention of damage from future floods; It must, however,
be kept in mind that the parties usually filling such offices are
generally only land surveyors and draughtsmen, who, unless through
a natural taste and predilection have made the subject of hydraulics
in all its branches a special study, are nearly as unfitted to
propose remedies for the evil as an equal number of any other educated
branch of the community. A party may be a most excellent topographical
surveyor, may be able to execute with the most admirable skill and
beauty of outline and shading, a section or plat; yet, from not having
given adequate attention previously to this subject, may be almost
completely disqualified from throwing out any useful remedial
suggestions.
p. 2
NEWS OF THE MORNING.
. . .
Another contribution from T. Rowlandson, on the subject of levees and
other appliances as a protection against water, is published.
Over one hundred persons were engaged on the levee at Rabel's tannery
yesterday.
J street is now passable for teams, and the bridge over the slough will
be in order early to-day. . . .
LEGISLATIVE PROCEEDINGS--MONDAY. . . .
In the Assembly. . . .
The bill to authorize the Governor to reside at San Francisco during
the session came up, and pending its consideration the House adjourned
at half-past two o'clock. . . .
LEVEE BUILDING.--The work of rebuilding the levee this side the tannery
goes on encouragingly. Some hundred or more men were at work yesterday,
and were making good progress, considering the wet condition of the earth
which had to be handled. Most of the work so far has been done with
shovels, though it was the intention of the superintendents to put wagons
to work in the afternoon. The Committee ought to push the work to the
utmost extent now it is begun, so as to secure the levee against the
next rise. The earlier it is completed the more time it will have to
settle before it is tested, and the more time will be at command for
lining it thoroughly with brush. From the manner in which the water
will strike the levee, a heavy defense of brush and bags of sand will
be necessary in order to protect the levee from the action of the
current. If the good weather continues, the work of repairing the
levees should be pushed forward with all the energy which money can
infuse into men. Five hundred men would close all the breaks up to
Burns' slough in a little over a week's time. If they were closed we
might rest secure from the Spring floods. The work below R street, on
the Sacramento, ought also to be grappled with. The money in the hands
of the Committee was subscribed for the purpose of protecting the city,
and why not expend it in accordance with the intention of those who
volunteered to loan it to the city. In favorable weather the work ought
to be pushed day and night . . .
BY TELEGRAPH TO THE UNION. . . .
CARSON CITY, Feb. 18th. . . .
Weather very cold and dry. . . .
CATTLE AND SHEEP IN COLUSA.--The Colusa Sun of Feb. 15th says:
We learn from J. D. Tarleton, from the northwest corner of the county,
that the loss of stock was not so great there as was anticipated. The
snow was not a great deal deeper near the mountains than it was here.
He represents the grass as being much better than on the river. That
in the foothills about Wilson's is good. Stony creek was four feet
higher in the hills that it was ever known before, doing a great deal
of damage to fencing. Some on the plains have lost many cattle.
Coffee, at the Black Butte, says that out of nine hundred head of
cattle, he does not think he will be able to find more than three
hundred. Searce has also lost many cattle. Sheep seem to have done
better on Stony creek than about here, as it is stated that Walker
lost but very few out of his flock of several thousands. . . .
p. 3
CITY INTELLIGENCE.. . .
ROADS IN THE COUNTY.--Windsor A. Keefer, Overseer of Road District No. 6
of this county, in a late report to the Board of Supervisors, gives the
following description: of the roads within his district: "Placerville
and Coloma road destroyed from Keefer's to Oak Hill, 150 yards, from two
to five feet deep; from Oak Hill to McWilliams', 125 yards, from two to
five feet deep; from McWilliams' to Colby's Lane, bridge destroyed and
forty-five feet washed away; from bridge to Brighton, 250 yards, from
two to four feet deep; from Brighton, Five Mile House and C. L. Conner's
house, whole road destroyed, for the distance of 200 yards, to the depth
of eight feet (opposite C. L. Conner's orchard); from Conner's house to
J. S. Bowles' road, 470 yards, to the depth of from twelve to twenty feet;
from Bowles' to Riley's, 165 yards, to the depth of from sixteen to
eighteen feet; from Riley's to Manlove's, 440 yards, to the depth of
from twelve to twenty feet; from Manlove's to Rooney's, 440 yards, to
the depth of from eight to ten feet; from Rooney's to Lowell's, 330 yards,
to the depth of from eight to ten feet; from Lowell's to Stephens', 150
yards, to the depth of from eight to twelve feet; from Stephens' to
Patterson's, about 400 yards, in depth from one to four feet; the lane
dividing the Five Mile House from Conner's, totally impassable for 250
yards and covered with water. The Jackson and Drytown road, from Hull's
ranch to McWilliams' is impassable for 200 yards; from McWilliams' to
Whiteside's, destroyed for 100 yards from one to two feet; from Whiteside's
to Nelson's, swampy for a distance of 400 yards." It strikes us from the
above description--if not overdrawn--that the roads in that district need
repairing.
RAILROAD REPAIRS.--A.corps of workmen was engaged yesterday afternoon,
on the Front street railroad, in cleaning the earth and rubbish from the
track, to prepare the way for the cars. The repairs between Poverty Ridge
and Sixteenth street are not yet complete, but on and after to-day an
engine will be run on each side of the break, and passengers will be
carried through by walking a few blocks from one train to the other.
The trains will leave Front and K, and run as far out as the track
extends. Planking has been laid down across the water wherever any
break exists on the line of the road, so that passengers will experience
no difficulty in making the trip. The piling will be completed and the
track laid within eight or ten days at the furthest, when the cars will
run without interruption from one end of the route to the other. . . .
CARPENTER'S BUILDING.--An additional portion of the rear wall of
Carpenter's building fell a day or two ago. The portion still
standing, together with the timbers inside, etc., are in a very
unsafe condition. The matter of the removal of the walls was
introduced by a member of the Board of Supervisors on Tuesday,
and the President said he would confer with the Chief Engineer
of the Fire Department on the subject. That officer, however,
does not consider that he has any authority to act in the premises,
as the building has not been impaired by fire. The property is owned
by C. K. Garrison, of San Francisco.
COLBY'S BRIDGE.--Colby's bridge, at J street, near the Fort, will
be open for the transit of teams to-day. It was nearly completed
last week, but it was deemed impolitic by the builder to finish it
and throw it open for travel until the openings across J street should
be repaired and made passable. Several days have therefore been spent
in filling up and bridging them. The traveling is now good, both this
side and beyond the Fort, for vehicles of all descriptions. . . .
THE STOCK LAW.--A resolution was adopted yesterday by the Board of
Supervisors requesting our Senators and Assemblymen to oppose the
passage of the bill of Assemblyman Saul, which requires the herding
or fencing of stock. By the provisions of the bill, stock, upon
trespassing upon the lands of others than the owner, may be taken,
up and after notice, etc., may be sold in twenty days from the time
of trespass. . . .
NEEDS ATTENTION.--The large cistern at the corner of Tenth and K
streets remains open and exposed day and night, without a cover of
any character. It is large enough to receive a span of horses, driver
and wagon, and drown at least three-fourths of them. It should be
either fenced in or covered over. . . .
THE GEM.--The steamer Gem had, at sunset last evening, been removed
to within twenty-five or thirty yards of the water's edge at the
tannery. She will probably not be launched until to-morrow, as she
will need caulking, etc., before she returns to her native element. . . .
FERRY AT WILSON'S.--A ferry has been established by W.D. Wilson at
the old crossing of the Cosumnes, at Daylor's Ranch, in place of the
wire bridge carried away by the late freshet.
AT WORK AGAIN.--Workmen have been engaged for a day or two past on
the Capitol grounds, in clearing the way for the resumption of the
mechanical portion of the work.
FALLING--The Sacramento river had fallen last evening to a point
16 feet 9 inches above low water mark.
SUSPICIOUS.--Floating clouds and a southeasterly wind last evening
before sunset were regarded by many as ominous of rain. . . .
BOARD OF SUPERVISORS.
TUESDAY, February 18, 1862.
The Bosrd met yesterday pursuant to adjournment. . . .
Supervisor RUSSELL gave notice that he would offer an ordinance to
provide for the setting up of monuments to regulate the grade of streets.
Supervisor GRANGER, from the Fire and Water Committee, to whom had been
referred the petition of W. Sutherland for permission to erect a frame
house on the block between Sixth and Seventh, and K and L streets, reported
in favor of granting the prayer of the petition. In making the report
he stated that the locality named was within the fire limits, and under
ordinary circumstances he should report against the petition. The flood,
however, had been so destructive, and reduced to poverty so many of our
citizens, that it was impracticable to erect, in many instances, fireproof
buddings. He therefore reported contrary to the rule heretofore followed.
The report was adopted.
Supervisor WOODS stated that be wished to offer a preamble and resolution
in relation to the bill to provide for the herding of stock, offered in
the Legislature by J. B. Saul of this county. After reading a copy of
the bill referred to, he offered the following:
Whereas, we have seen the provisions of Assembly Bill No. 63, introduced
by Mr. Saul, and entitled "An Act for the better protection of farmers,
and for requiring the herding of stock," and whereas we are satisfied
that the provisions of such bill, if it should become a law, would,
instead of affording protection to said class of the community, prove
a serious detriment to them, and would, further, drive from our county
a large portion if not all of the stock raisers, who pay a large
proportion of our county taxes ; Therefore, be it
Resolved, That our Senators and Assemblymen be requested to use
all possible means to have the passage of said bill defeated.
Supervisor HITE was opposed to the adoption of the resolution, and
thought a large portion of the residents of the lower part of the
county desired the bill to become a law.
Supervisor WATERMAN was satisfied that but few of his constituents
were in favor of the law. On the contrary, it would drive stock owners
from the county.
Supervisor GRANGER desired the resolution to lay over for a day.
Supervisor WOODS was in favor of immediate action, as he believed
the bill would come up for further action in the Assembly in a few days.
On the question of adopting the preamble and resolution the ayes and
noes were called, with the following result: Ayes--Granger, Russell,
Woods and Waterman--4. Noes--Hite--1.
Supervisor HITE, frem the Committee on Roads and Bridges, reported that
the bridge for the building of which a contract had been made with
G. W. Colby, near the Fort, was completed and would be thrown open for
travel to-morrow morning; that J street was in good travelling order;
that the contractor had encountered many obstacles in completing the
work, but had surmounted them all. The report was received and placed
on file.
The Board then adjourned until ten o'clock, A.M.. to-day. . . .
FROM THE SOUTH.--The Los Angeles News of February 12th has the following:
The late flood damaged nearly all the mills on Kern river, five works
being swept away. The damage, including loss of dams, etc., is set at
about $20,000. The toll-bridge across the river was swept away, and in
one instance twenty feet of sand deposited in an arastra mill.
Marsh & Co.'s mill, on Greenburn mountain, was damaged to the amount
of $2,000. The Lion Valley Flouring Mill was covered with thirty feet
of sand, and nearly all the farms in the same locality were injured.
D. W. Alexander, of the Soledad Ranch, whilst on his way to Kern river,
was overtaken by the rising water, and obliged to cut his horses loose
from the carriage and escape to a tree, but the night being cold he
was compelled to descend and exercise to keep from freezing. After
being in the water all night, he succeeded in reaching a house about
daylight, some six miles from where he left his carriage.
From the 24th of Deoember to the 6th of February there were but ten
days of clear pleasant weather in Los Angeles.
DAMAGE TO THE KLAMATH RESERVATION.--In reference to the damage
occasioned by the flood to this reservation, already referred to
in the UNION, the Appeal says:
We learn from Hanson, Superintendent of Indian Affairs for the Northern
District, that the whole amount of damage to the Indian Reservation
at Klamath river, will amount to $50,000. Every vestige of the
improvements was swept off, even to small cabins which were perched
upon the bluffs, one hundred feet above the ordinary level of the
river. The soil was stripped off by the tremendous current, laying
bare the bowlders and cobble stones below, and where the current was
less rapid, the flood swept in the sand, which now lies on what was
once arable land in a stratum of five or six feet in depth. This
wholesale destruction has had the effect to necessitate the abandonment
of the reservation, and a new reserve has been formed at Smith's
Valley and in a location secure from floods.
THE LEVEE WORK.--Over a hundred hands were employed on the levee
at the tannery yesterday. The earth is still too wet; to shovel to
advantage, but rapid progress is made, notwithstanding the fact.
More men, it is expected, will be act to work to-day. Teams are also
in demand. Those that can spare them gratuitously can find work
without pay, and those who cannot, can find both work and pay. . . .
[For the Union]
THE CHINESE QUESTION.
As Connected with Our Material Interests.
MESSRS. EDITORS: Our citizens have been so much occupied with the damage
the flood has brought to their doors, that a scheme to deprive our city
of a portion of our present, and more of our prospective business, has
seemingly escaped their attention.
The project to sweep the Chinese entirely from our State . . . .
Next, in regard to the future of our city. In a series of articles
written before the flood, I endeavored to show the necessity that
existed that we should encourage home manufactures to make business
and capital for our city, and give the diversity of culture to the
surrounding country that should be more profitable to our formers
than grain raising exclusively had been. . . .
CALIFORNIA. . . .
Sacramento Daily Union, Volume 22, Number 3400, 20 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION..]
SENATE.
SAN FRANCISCO, February 17, 1862. The Lieutenant Governor called the
Senate to order at 11 o'clock, . . .
BILLS ENROLLED. . . .
Mr. Porter reported correctly enrolled Senate Bills No. 95--An Act to amend
an Act authorizing the Board of Supervisors of Sutter county to construct
a bridge across Feather river; . . . No. 110--An Act granting the right
to construct a bridge across Mokelumne river to Adam Densler and
others; . . .
At 3:10 P. M. the Senate adjourned. . . .
ASSEMBLY.
SAN FRANCISCO, February 17, 1862.
The Speaker called the House to order at eleven o'clock. . . .
SPEAKER BARSTOW ON ROOSTERS.
The special order for one o'clock was taken up, being Assembly Bill
No. 3--An Act to extend the time of collecting delinquent taxes in the
county of San Diego.
Messrs. Porter and McCullough opposed the bill on the ground that it was,
in effect, repealing the provisions of the Revenue Law in that county,
so far as the collection of taxes was concerned, and would be followed by
similar bills for other counties.
Mr. BARSTOW (the Speaker) said: I agree fully with the suggestions of
the gentleman from Mariposa (Mr. McCullough). There is a flood of bills
before us, the object of which is to nullify the Revenue Law at this
crisis in our affairs. This appeal comes from a county which has not
suffered by the late flood. Whatever may have been said to the contrary,
I am not the enemy of the people of Sacramento; on the contrary, I admire
those brave sufferers. The heroic people of Sacramento, San Joaquin and
the mining counties, all of whom have been injured and suffered greatly
by the floods, do not come here with any such petition. I have never felt
any hostility to that brave people who have gone to work nobly to remedy
their own disasters, instead of coming to us with petitions of this kind,
and I think if anybody ought to be favored here it should be the much
injured but heroic people of Sacramento. And yet none of these much
injured persons of the State are asking such a thing. The claim coming
from this county is absurd and ridiculous. In order to show you how
ridiculous it would become if this bill were passed as a precedent, let
me suppose a case. I will suppose a division of a county, if you please,
and there comes into the Legislature a representative of that new county.
I will say it is Mr. Jones of Rideout Slough, if you please, or Catfish
Bar, if you please. Now, the people of his unfortunate locality have
been deprived of all their roosters, if you please, by the depredations
of the Mongolian races, if you please, all except one solitary rooster,
and he was swept away by the flood. And the last that was seen of him he
was soaring aloft on a chip, clapping his wings like Napoleon chained to
a solitary rock, and saying, in the language of Gallileo, "Othello's
occupation is gone." Wherefore, resolved, that all of Mr. Jones'
constituents of Catfish Bar who have lost their roosters by the predatory
Chinese or the floods don't pay no taxes no how. [continues, somewhat
humorously. . . .]. . . .
REMOVAL OF THE GOVERNOR.
Assembly Bill No. 96--An Act to authorize the Governor of the State
to reside and keep his office in the city of San Francisco--was taken
up, the Committee on Ways and Means having recommended its indefinite
postponement.
Mr. Dudley of Placer said he had introduced the bill,
and was a member of the Committee of Ways and Means, which reported it.
It appeared from the Journal of the House and the newspapers that that
Committee had, as a Committee, reported in favor of indefinite
postponement; yet at the time action was taken in the Committee, it
was agreed that the report should be made only as a report of the
majority of the Committee. The Clerk and the Chairman of the Committee
both plainly understood so; and though he had no inclination to submit
a minority report, he thought it was unfair to represent it as a unanimous
report, which would, of course, include him. As to the propriety of the
bill, he would not detain the House long. It was true, as the majority
of the Committee said in their report, that the Governor had given it
as his opinion that he could sign the bills in San Diego, Klamath or any
other part of the State. He was glad to find the sentiment gaining ground
that legislation could be carried on elsewhere than at the Capital.
He had been unalterably, persistently opposed to bringing down the State
officers, but had thought it was a matter of policy merely to authorize
the Governor to keep his office here in San Francisco during the session
to prevent the Banquo's ghost of the Capital removal from being raised.
At the end of the session, he proposed to fix the Governor a residence
at the Capital again, as now fixed by law. He intended this bill merely
as an enabling Act. He did not profess to understand the motives of
gentlemen, but be had remarked that those strongest in favor of the
removal of State officers were bitterly opposed to this bill. He had
heard that there was a "vaulting ambition that o'erleaps itself," and
so when men could not grasp all, they would sometimes reject part. He
had no feeling in the matter, and would leave the bill in the hands of
the House.
Mr. Tilton, of San Francisco, said he had at first favored
the bill, but finding that the Governor did not deem it necessary he
was willing to let the Governor take the responsibility.
Mr. Warwick said it had been asked why the Governor had not yet signed
any bills of the Assembly. The only reason was, that no bills of the
Assembly had yet been presented to him. He hoped the report of the
Committee on Ways and Means would be adopted.
Mr. Avery moved that the bill be indefinitely postponed.
Messrs. Dudley of Placer, Ames and Matthews, demanded the ayes and
noes, and the following was the result:
Ayes--Amerige, Avery, Bell, Dore, Eliason, Evey, Ferguson, Hillyer,
Hoag, Irwin, Kendall, Lane, Loewy, Love, Maclay, Meyers, Orr, Tilton
of San Francisco, Warwick, Woodman--20.
Noes--Ames, Battles, Collins, Dennis, Dudley of Placer, Dudley of
Solano, Eagar, Griswold, Leach, Machin, Matthews, O'Brien, Parker,
Pemberton, Porter, Reese, Sears, Shannon, Smith of Fresno, Thompson
of Tehama, Thompson of San Joaquin, Van Zandt, Werk, Wilcoxon,
Yule--25.
So the House refused to postpone the bill.
Mr. O'Brien said he hoped the bill would pass so as to prevent any
question in the future as to the legality of the Governor's signature
to bills. It was a matter which involved no expense.
Mr. Meyers said the same argument would apply to all the State officers
as well as to the Governor:
Mr. O Brien said the law required the Governor to reside at the Capital;
there was no such law in regard to the Capital.
Mr. Ames--I move to amend the bill by inserting after "Governor" the words
"Controller and State Treasurer."
The ayes and noes were demanded on the amendment.
Mr. Warwick inquired if this matter had been sprung because of the
absence of three members of the Sacramento delegtion. Was it fair
because gentlemen found that delegation weak to press the vote
to-day? The time of the House had been sufficiently consumed on this
useless question and why not put it off till to-morrow, when the House
would be full. Sacamento members were absent on Committee duty, and
it was unfair to spring the question then.
Mr. Eagar said there had been no springing of the question; the bill
came up in its regular order.
Mr. Fay moved to postpone the bill till two o'clock to-morrow.
Mr. Shannon moved to strike out the enacting clause.
Mr. Yule moved to postone the amendments indefinitely.
Mr. Eagar moved that the House adjourn, which was carried--ayes 25, noes 15.
Accordingly, at 2:25, the House adjourned.
SENATE.
SAN FRANCISCO, Feb. 18, 1862.
The Senate met at the usual hour, the President pro tern. (Mr. Shafter)
in the Chair. . . .
ASSEMBLY BILLS. . . .
Assembly Bill No. 66--An Act to grant to the Stanislaus Bridge and
Ferry Company the right to construct and maintain a bridge across
Stanislaus river, was read a third time and passed.
BOAT HIRE FOR THE ASSEMBLY.
Assembly Bill No, 61--An Act to make appropriations for the pay of
boatmen employed by the Sergeant at Arms of the Assembly, for services
rendered in conveying members to and from the Capitol during the flood,
which was reported without recommendation from the Committee on Claims,
was taken from the general file.
Mr. De Long asked what reason was assigned for taking the money out of
the General Fund.
Mr. Parks moved to strike out the last two sections, repealing all
Acts in conflict with this, and providing for immediate operation,
which was carried. He said the vouchers were mere accounts, amounting
to $1,600, and not sworn to, although the Sergeant-at-Arms certified
as to their correctness.
Mr. Powers moved to strike out General Fund and insert Contingent Fund.
He did not understand why they passed a resolution to take out of the
Contingent Fund, and now proposed to take it from the General Fund.
Mr. Parks said that would make preferred creditors of the boatmen, and
as the Assembly would draw from the General Fund whenever they needed
more money, it amounted to the same thing.
Mr. Watt moved to indefinitely postpone the bill; it was a thing they
had nothing to do with.
Mr. Van Dyke thought the bill enormous, and desired to see it referred
to the Committee on claims, with power to examine persons.
Mr. Gallagher opposed that reference. He said the Committee were startled
at the enormous amount of the bill, and did not feel like acting upon it.
Mr. Nixon said he was in favor of indefinite postponement. The Senate
had enough to answer for in the payment of its own infamously high boat
hire. He had just returned from Sacramento, and heard it rumored in a
playful manner that the Sergeant-at-Arms of the Assembly, Mr. Clayton,
had it "played upon him " by the boys, in this way: One boatman would
come to his room and tell him he had a flne boat he wanted to hire and
would take him out to see the boat. The Sergeant-at-Arms would take his
name down. Then another would come and show him the same boat at a
different place, and his name would be taken down. The Senate had nothing
to do with the matter, and he hoped they would wash their hands clean.
Mr. Gaskell thought the responsibility of contracting this enormous
debt should rest with the House, because they detained the Legislature
at Sacramento, and had caused this expense.
Mr. Van Dyke said there appeared to be a disposition to punish the
Assembly, and make them appear odious instead of protecting the
interests of the people. There would be no use in postponing.
The money in the Contingent Fund came from the people, in the same
way as that in the General Fund.
Mr. Merritt favored the postponement. He said the Contingent Fund
was supposed to be administered with economy, while $1,600 was an
enormous sum for boat hire in these days of economy and reform,
inaugurated by a new party. In old Democratic times, in 1850, members
hired their own boats, and would as soon have thought of half-soling
their boots, or hiring carriages at the expense of the people, as to
have hired boats. He called on his reform frienda to follow their
example, as the Democrats would do if they ever got into power again.
Mr. Chamberlain asked how Mr. Merritt voted on the Senate resolution.
Mr. Merritt said he was absent.
Mr. Oulton charged the Sergeant-at-Arms of the Assembly with
recklessness and extravagance.
The question was taken, and the motion to postpone indefinitely carried. . . .
[CONCLUDED ON FOURTH PAGE.] . . .
p. 2
NEWS OF THE MORNING.
. . . .
The Citizens' Committee on collecting funds and procuring labor for repairing
the levee, have received about $600 in money and work. The labor was
progressing yesterday on the levee until the rain came. It will be resumed
to-day.
LEGISLATIVE PROCEEDINGS--TUESDAY. . . .
The Senate, . . .
Assembly Bill appropriating $1,650 for boat hire at Sacramento was
indefinitely postponed.
In the Assembly the bill to authorize the Governor to have his office
at San Francisco during the present session of the Legislature came up,
and was killed by a vote to strike out the enacting clause, upon motion of
Shannon. . . .
BEAR RIVER BRIDGE.--We understand that English's bridge, over Bear
river, is nearly completed, and will soon be ready for teams to cross.
The bridge was carried off by the flood of December 9th, since which time
there have been no facilities for crossing the stream.--Nevada Democrat.
BY TELEGRAPH TO THE UNION. . . .
Stabbing Affair--Reported Resignation of Judge McAllister--Death of
Belle Cora--Legislative Proceedings.
San Francisco, Feb. 19th. . . .
In the Senate, the State Library Committee reported five hundred volumes
damaged by the flood, one-half of which are duplicate documents, and
that three hundred dollars will repair the other half.
A bill for a bridge across the Stanislaus river, at Burns' ferry, passed. . . .
p. 3
CITY INTELLIGENCE. . . .
THE COLLECTING COMMITTEES--The citizens who have been engaged, for
several days past, in collecting funds and promises of labor for
repairing the levee at the tannery, report that they have received
in cash about $400, and in promises of cash and labor about $200--total,
$600. B. C. Whiting, of the Committee, called on a number of the Chinese
merchants on I street, and each one who was asked contributed promptly
and cheerfully. In one or two instances they said that if it was
necessary they would contribute again, if called on. When one of the
Committee was soliciting contributions in a barber shop, a non-resident
of the city, who had not been applied to, volunteered a donation of
$5. The gift was received, and his name recorded as J. W. Kaull, of
Amador county. In some instances parties amply able to contribute would
refuse to give a dollar. . . .
THE LEVEE WORK.--About one hundred and thirty men commenced work
yesterday morning at the new levee at the tannery, but were compelled
to desist on account of the rain. The earth, which was already too wet
to handle to advantage, became more so early in the day, increasing the
difficulty of shoveling it. It is the design to resume work this morning,
if practicable.
RAIN.--A moderate rain prevailed yesterday in the region of Sacramento.
The amount which had fallen at nine o'clock last evening was four-tenths
of an inch, as reported by Dr. Logan. The entire rain of the season
foots up as follows: November, 2.170; December, 8.637; January, 15.036;
February to date, 1.660. Total, 27.503.
THE CARS RUNNING.--The cars ran to and from Front and K streets at the
usual hours yesterday. On reaching Fifteenth and R streets, passengers
were compelled, of course, in the unfinished state of the road, to walk
several blocks, and then take other cars for Folsom, the same interruption
occurring with the down trains. . . .
THE RIVER.--The Sacramento having fallen three inches within twenty-four
hours, stood last evening at about sixteen feet six inches above low
water mark. The rain of yesterday, of course, produced no perceptible
change. . . .
THE GEM.--The work of removing the Gem was temporarily suspended yesterday
on account of the rain. She is still within sixty or seventy feet of the
edge of the water. . . .
BOARD OF SUPERVISORS.
WEDNESDAY, February 19, 1862.
The Board met yesterday, pursuant to adjournment, at 10 o'clock A. M. . . .
Supervisor HITE, from the Committee to whom was referred the preparation
of a bill to provide for condemning lands along the American river, for
the building of levees or turning the channel of the river, reported
that a bill had been prepared and submitted to the Legislature by our
county delegation.
Supervisors HITE and WATERMAN. from the Committee on Roads and Bridges,
reported in favor of appropriating $75 towards the repair of the bridge
across the slough north of Lisle's Bridge. Supervisor HITE stated that
H. M. Hoyt, the Overseer of the district, in his application, had
designated the above named sum for the work, but he had since petitioned
for over five thousand feet of lumber, and money enough to pay for the
work of building the bridge. The Committee were willing to grant the sum
named for lumber, and no more.
Supervisor WATERMAN thought that if the lumber was furnished, the
Overseer ought to do the work by the labor of those who owe road
tax, of which several hundred dollars were due. There were bridges
to repair all over the county, and it would not answer to spend too
much in one place.
Supervisor WOODS stated that lumber of all descriptions could be had
at the bridge cheaper than any where else in the county, as there was
a large amount of drift wood in the vicinity. He was in favor of
granting §75 and no more.
The report of the Committee was adopted. . . .
Supervisor WOODS moved that Supervisor Dickerson be allowed to record
his vote on the resolution adopted yesterday taking ground against the
stock-herding bill of Assemblyman Saul.
Supervisor DICKERSON stated that he was unavoidably absent the day
before, at the time the resolution was offered. Had he been present,
he should have voted in favor of the resolution, as he was opposed to
the bill. The vote was so recorded.
The Board then adjourned until ten o'clock A. M, to-morrow. . . .
LETTER FROM SALT LAKE.
[FROM OUR SPECIAL CORRESPONDENT.]
GREAT SALT LAKE CITY, Feb. 5, 1862.
The Mails.
We have had no California mail since the first week in January. A Union
of the 6th got in a week ago, imbedded in a ball of frozen papers and
letters, like a fossil of the pre-Adamite ages. "Providence" is an
excellent assistant to mail contractors--of course nobody would ever
think of being so profane as to grumble at the dispensations of
Providence, and, therefore, must we be silent if not content. We are
looking to-day for a mail, but our faith is not very robust.
Loss of California Mail Matter.
In addition to the general pounding together of soaked and frozen mail
matter from the West, I have to notice the entire loss of a considerable
quantity of mail, in a creek aboat forty-five miles to the east of this
place. It is ever dangerous to credit first rumors in this great country,
for email events not unfrequently assume colossal proportions. I have
therefore waited for a glance at the affidavit of the "Conductor"
accompanying the reported lost mail. The statement of Ely, the gentleman
alluded to, when simmered down to decent proportions, is that a small
stream, ordinarily no impediment in crossing, became so suddenly swollen
at the time of the passage of the mail stage that, though the leaders
went over without difficulty, the current struck the wheel mules and
coach, before the wheel mules crossed the stream, and within one minute
from the time the leaders crossed, the stream had swollen some six feet,
which forced the leaders back into the stream and against the wheel mules,
and the current became so strong while in this condition, that by its
force the coach was upset and the mail sacks lost." [no opening " ?]
There were fifteen sacks in all, ten of that number were recovered,
the letter and two paper sacks were therefore lost. I do not know that
Ely includes two sacks of Wells, Fargo & Co., in the three lock [sic]
sacks; but it is certain these were lost. The remainder of the affidavit
is but details about caution, efforts to save, difficulties, etc. This
occurred on the evening of the 11th ultimo, and as far as I can learn
from an examination of Post bills received here at that date, the
unfortunate mail must have been that from Sacramento, January 1st,
and from San Francisco of the previous day. Business men, of course,
will call into requisition duplicates, for though much may have been
recovered from the water, as stated, that element is exceedingly
destructive to the impressions of the pen.
It is fair to accept the affidavit of Ely; but there is no grounds for
hope that the loss has been any less than that at which he states it.
The rush of water at the time swept every loose thing before it, nearly
drowned the mules, buried the stage in the sand and seriously injured
one of the employes. The Eastern company has had a vast amount of labor
thrown upon its extra expense account, for making roads, bridges, etc.,
and apparently have toed the responsibility handsomely. Of the West I
can report nothing, only Cook is still hemmed in at Carson, and his
presence there is sufficient assurance here that everything that can be
moved in the direction of opening up communication with the East will be
attended to. . . .
[For the Union.]
THE CHARTER--CITY BONDS.
MESSRS. EDITORS: As it has been settled by the Committee that our bonds
are not to be paid, and as our people generally have determined that
repudiation of some kind--either open, bold and defiant, as was advocated
during the December flood, or covert and circumlocutory, as proposed in
the new charter--must be accomplished, it is well to consider whether
the end aimed at cannot be accomplished and we at the same time satisfy
our creditors and escape the opprobrium of repudiation. Ere this the
disasters and losses of Sacramento are known wherever there is the
possibility of a bond being held, and the holder feels assured that a
city overwhelmed as we have been cannot promptly meet her obligations,
and therefore he expects some sort of composition, but he does not
anticipate that we will meet him with legal chicanery, and the
unmercantile, undignified, and unmunicipal-like speech--"Mr. Dutchman:
Long yeais ago some of our authorities exceeded their powers, and issued
scrip they had no right to issue. We knew it at the time, but as it was
issued to our own citizens to build levees and keep the wheels of
government in motion, we didn't say anything about it then, but now we
wish to tell you that five dollars of that scrip is a component part of
that one thousand dollar bond you hold, therefore we won't pay you until
that five dollars is segregated, and as we're going to take a long time,
two or three years probably, in determining whether that illegal five
dollars is really in yoar one thousand dollars, or in the one we sold
to your neighbor, the Frenchman, and as we are a long way off, and intend
to have divers forms and official ceremonies to be gone through before
we can examine your bond at all, you might as well look upon it as lost,
and make us a present of it, but as you've been pretty clever when we
needed money, and as we shall want some more from you soon to build our
railroads and ditches, etc., we'll give you $300 for your bond after
awhile, say ten or twelve years, if we can't find anybody that will take
less. There, you needn't talk about our impudence, and want of faith and
honesty, and tell us you had made up your mind to compromise with us on
a fair showing of our condtion. We know all about it. We know that even
if the contract was originally illegal, a consideration was given for
it, and that it has since been ratified and confirmed time and again
by parties both legislative and municipal, having the ability to contract,
and that if you choose to insist we must eventually pay, but as we've
made up our minds to wrong you to the utmost we'll law you to the end."
Is not this, in effect, the exact speech the charter makes to our
creditors? Now, if, with a less amount of money than we propose to
expend upon this bravado, we can retire our debt, and at the same time
give satisfaction to our creditors, it should be done. And I think
it caa. Every capitalist in Europe, great and small, is acquainted with
the system of falling annuities. It is the plan adopted by their own
Governments, local authorities, and great corporations, when bankruptcy
seems approaching. A six per cent, falling annuity should, and as soon
as holders were satisfied of the certainty of the payments being promptly
made, would be worth about seventy cents, but if it is only worth fifty
cents, it certainly is a great deal better for the bond holders than
the complicated proposition whereby they are eventually to receive
thirty cents or less; and it only requires a slate and pencil to show
that this system will, without subjecting ourselves to the charge of
chicanery and subterfuge with our creditors, cancel the whole of our
debt with less money than it will take to redeem three-quarters of it,
if that much is found to be legal, uuder the bill; and that too without
taking into consideration the fact that under the proposed plan there
is a point--that where a prorata division of the interest money would
give the outstanding bonds more than ten per cent on the assumed value
of $30--where all further redemption must cease, excepting at greatly
increased prices. Will our financiers study the question of "Falling
Annuities" before finally deciding on the plan of getting rid of our
city debt? . . .
p. 4
[CONCLUDED FROM FIRST PAGE.] . . .
Senate Bill No. 144--Act for the relief of T. McLaughlin, for services
as boatman, was indefinitely postponed. . . .
ASSEMBLY.
SAN FRANCISCO, February 18, 1862. . . .
PROPOSED REMOVAL OF THE GOVERNOR.
Mr. Tilton, of San Francisco, in the chair.
The House took up under the order of unfinished business, Assembly Bill
No. 96--An Act to authorize the Governor of the State to reside and keep
his office in the city of San Francisco.
Mr. Warwick moved that the bill be made the special order for Thursday
next, at one o'clock.
Mr. Shannon said he understood that the Governor had stated to the
Committee having charge of this bill, that it was unnecessary to pass
any such bill, because he would remain in San Francisco anyhow, for the
convenience of the Legislature. Such being the case, he moved, in order,
to test the sense of the House, to strike out the enacting clause of the
bill.
Mr. Warwick and others seconded the motion, which was carried. So the bill,
having been beheaded, was lost. . . .
THE WAR TAX--AGAIN. . . .
Mr. Reed approved of the idea, and said he would heartily concur in the
proposition if it was finally determined to raise the money by direct
taxation. But he doubted the practicability of raising the money in time
by taxation, on account of the late great destruction of taxable property
by flood, and the consequent depression of business. . . .
At five minutes before two o'clock P.M. the House adjourned. . . .
Sacramento Daily Union, Volume 22, Number 3401, 21 February 1862, p. 1
. . .
AGRICULTURAL MATTERS.
SOWING WHEAT.--It is the opinion of many farmers that, in consequence
of the late floods, as much wheat as is possible should be sown as
early as it can be put into the ground. Owing to a variety of causes
Sacramento valley, which has always produced largely this article,
will not be able to come up to its usual standard of quantity; but
it will fall back on potatoes and such other crops, which are not
so necessary to be put into the ground early. While this will be
the case in many localities which have been flooded, other sections
which have been wont to pay little or no attention to the raising of
wheat, but have been busy in raising other crops, will exchange work
with Sacramento valley and, put in a heavy wheat crop this season.
In this connection the Petaluma Journal says:
Our farmers can hardly sow too much wheat this season. There must
necessarily be a great demand for it, at remunerative prices.
Sacramento valley, as we have before intimated, cannot this year
raise much of a supply of this product. Therefore the large amounts
which in times past have been grown there, must this year be grown
elsewhere. Sonoma county, in its salubrity of climate, the fertility
of its soil, and its freedom from the heavy deposit of sand, which
in the Sacramento valley are now lying on the richest farms, affords
opportunities of the finest kind to supply the demand. Our farmers
must see this, we think, as we do, and they will therefore act
accordingly. The raising of potatoes last year proved profitable,
and undoubtedly will this year; but we doubt if they can be raised
as profitably this season as wheat and other grains. While there is
no disputing the statement that the Sacramento valley cannot produce
largely of wheat, yet it is undoubtedly true that of potatoes, which
may be planted quite late in the season, it can produce abundantly.
The production of roots this year may be the extent of its operations,
and confined to this branch of farming, it will send such a supply to
market as will greatly interfere with the calculations of the producers
of these articles elsewhere. Of course, we are liable to err in our
judgment, and therefore would have no farmer act solely on our advice.
Let all, however, consider these suggestions treating them as hints
that may serve to put them on the right track. Let all be upon their
guard and not act blindly, and governed alone by the success or failure
of the past, but consider that deluging floods which have laid in waste
the farms of prolific valleys, must very materially change the operations
of this year from those of the past . . .
p. 2
NEWS OF THE MORNING.
. . .
Several communications are published in our columns to-day. . . . one in
regard to floods and their action in connection with the waters of Suisun
Bay and Carquinez Straits, . . .
There has been collected in this city within two or three days the sum
of $1,126 for the protection of the city by repairing our levees. The
largest portion was paid in cash, and the balance in work at one dollar
per day. The work at the tannery is progressing rapidly.
The steamer Gem, which has been ashore some days near the Agricultural
Grounds, will be launched into her proper element about ten A. M. to-day.
ROAD OVER THE MOUNTAIN.--By a private letter we learn that the heavy
rains on the mountain seriously injured the wagon road built by the
counties of Sacramento and El Dorado, from Brockliss' bridge to "Dick's
Station"--a distance of about twenty miles. A number of the small bridges
were carried away; in some places the walls on the lower side had slid
down the mountain, and at other points slides have occurred, filling up
the road with large rocks and trees. The writer thought when he examined
it about two weeks since that it would cost some three or four thousand
dollars to repair it. But since then a considerable work must have been
done by those living on the road, and by the mail contractors, towards
opening it.
The Board of Supervisors of El Dorado have legal control of the road
so far only as to appropriate the tolls received in keeping it in repair,
but in the Winter they are insufficient to pay for such extensive repairs
as are demanded, and the Supervisors are at a loss as to the best course
to pursue. The Ogelsby road, on the south side of the river, and which
took most of the paying travel last Fall, is closed, the bridge gone,
and the writer thinks will not be open for a mouth or more. Some change
in the law seems to be required which will give the Board of Supervisors
of El Dorado control of the road, so that they may have it repaired
without waiting for tolls. An offer has been made the Supervisors to
take the road with the present rate of tolls, and keep it in repair for
five years. If responsible men will take it on these terms, and give bonds
for the faithful performance of contract, it is the best disposition
the county can make of it. No mountain road can be kept in repair except
by tolls, and as there is a rival road those who leased it would be
compelled to keep it in good repair or lose the travel.
PROPOSED IMPROVEMENT OF THE AMERICAN.--Owing to ill health, T. Rowlandson
of San Francisco informs us that he is obliged to defer for the present
the continuation of his articles on the subject of "California Floods."
In the mean time, however, he sends us the following:
I was glad to see in your publication of Tuesday, received by me this
morning that one measure is proposed for the future relief of Sacramento
from the disastrous effects of future floods--that the serious attention
of its citizens is being attracted to the straightening or turning of
the American. For the relief of Sacramento I hold one or the other of
the above named plans to be indispensably requisite, whatever other
plans may be adopted in connection therewith. As a matter of personal
opinion, however, I believe that to turn the river will be the most
inexpensive mode, taking efficiency into consideration. From calculations
made by me since my previous communications were forwarded to the
Union, I find that the difficulty of devising means of neutralizing
the destructive effects to which the lower lands are liable after
heavy rain storms, are even beyond my original anticipation, and will
consequently render it the more requisite that the utmost amount of
fall within the shortest length is the plan which should be adopted,
if at all compatible with expense, as compared with others. . . .
CITY INDEBTEDNESS . . .
Dealers in bonds and stocks in Wall street are well informed as to the
ability of Sacramento to pay her large indebtedness, and their estimate
of that ability is expressed in the twenty-five or thirty cents they offer
for them in that market. They perceive that whatever may be the disposition
of the people to meet their obligations, that since they have been
subjected to such heavy losses by high water, they are unable to pay in
full, and must sooner or later offer a compromise to creditors or fail to
pay even the interest. The day for that compromise has come, and the
question which the Committee has been considering, and which the community
is reflecting upon, is in what form shall it be presented? . . .
FACTS CONNECTED WITH THE FLOODS.
EDITORS UNION: Will you be kind enough to ask of your country friends
to send you, or to our address through the postoffice, statements,
1st, Of the effect of the late floods on the tides in Suisun Bay,
especially at or near the Straits of Carquinez. 2d, Of the east and
west boundaries of the late overflow. This can be done by stating at
or about what point it reached on the north or south side of a section,
giving the township and range in which it is located. Any other
information concerning the flood, as depth, course and character of
current, time of rising and falling, etc., etc., would be thankfully
received by all interested in the welfare of our valley, and especially
by J. & R. . . .
BY TELEGRAPH TO THE UNION.
Suit and Judgment against Sureties of Beverly C. Saunders--Ranch
Patent--Influx of Gold.
SAN FRANCISCO, Feb. 20th. . . .
Mount Diablo is covered with snow. . . .
p. 3
CITY INTELLIGENCE. . . .
THE GEM.--It was expected that the steamer Gem would have been launched
yesterday afternoon, but arrangements were not quite completed. She
occupies a position at the water's edge a short distance below Rabel's
buildings, with her stern at the edge of the water and her bow elevated
about six feet. She rested last evening upon a large number of jack-screws.
Heavy timbers were being adjusted under her, greased with tallow, to make
her transit into the water an easy and harmless operation. Additional
timbers were sent up yesterday afternoon, and it is expected that by ten
or eleven o'clock to-day she will again be afloat and in a more appropriate
location than a peach orchard.
THE COLLECTING COMMITTEE.--Collecting Committees have succeeded in
raising for levee repairs the sum of $1,126, including $100 in the
hands of E. P. Figg. Of this amount, $777 are in cash, and $549 payable
in work at one dollar per day. The Committees have canvassed nearly the
whole city, and have generally met with a liberal spirit among all
classes. There are some five or six firms, however, quite able to
contribute, who have not yet done so, but who probably will to-day.
The largest contribution--$30--came from A. Lamott. One teamster, who
said everything he had owned was destroyed by the flood except his team
and five dollars, gave the five dollars to the Committee. . . .
THE LEVEE WORK.--There were about a hundred and twenty hands at work
yesterday on the levee at the tannery. The work is commenced along the
entire line which is to be constructed at present. The greater portion
of the ground is still too soft to work teams to advantage. A large
number of wheelbarrows are kept going, and the work advances as rapidly
as could be anticipated. Seven teams were employed yesterday in hauling
from the upper end of the levee the sandy deposit which may be had in
abundance in the adjoining gardens and orchards. A larger number of teams
will be set to work to-day. . . .
ON THE AMERICAN.--Although navigation on the American river has been
suspended so far as the Brighton trade is concerned, the steamer Gipsey
still runs to the landing of Washington & Co., near Norris' bridge.
One of the Company's boats went up last evening to the tannery with
additional lumber to be used in getting off the steamer Gem.
BUSINESS REVIVING.--Our business men say that within the past few
days business has become quite active. The cars are running to Folsom,
and teams get out to all parts of the mines freighted with such goods
as are in demand on account of the exhaustion of the supplies during
the flooded period. . . .
BOARD OF SUPERVISORS.
THURSDAY, Feb: 20, 1862.
The Board met, pursuant to adjournment, at ten o'clock A. M.
Present--President Shattuck and Supervisors Granger, Russell, Woods,
Dickerson and Waterman.
The minutes of the last two meetings were read and approved.
Supervisor WATERMAN stated that a petition had been presented some
two months ago by W. Hicks for license to run a ferry at the Cosumnes,
but had never been acted upon. The agent of the petitioner was now
present and desired to be heard on the petition.
The agent referred to stated that on account of the damage done by the
late floods, they were compelled to run two ferries across sloughs in
connection with the main ferry, and were therefore under a great deal
of extra expense. They desired therefore to have license, heretofore
$200 per year, reduced, and the rate of fare, heretofore eight cents
per head for stock, increased to a bit a head, and for foot passengers
heretofore free, to two bits each.
The license was, on motion, renewed, and bond fixed at $2,000.
Sapervisor WATERMAN moved that the license be reduced from $200 to $100
per annum.
Supervisor GRANGER moved to amend by making the amount $150.
Supervisor WOODS thought there should be no reduction of license.
The question on Granger's amendment was carried, and the license fixed
at $150 per year.
Supervisor Granger moved that the old rates of toll be adopted except
as to foot passengers, and that ten cents each be the rate of toll for
them. In making the motion, he stated that the Sacramento and Yolo
bridge had cost three times as much money ($72,000) as any other bridge
in the county; that its rates of toll were lower than those proposed in
the present case, and yet that they were high enough, and no change would
be deemed desirable by the proprietors.
The question being taken, the motion of Supervisor GRANGER was adopted. . . .
Supervisor RUSSELL informed the Board that he would defer until next
meeting offering the ordinance of which he had given notice, for the
erection of monuments to regulate the grade of streets.
The Board then adjourned until the first Monday in March, at two
o'clock. P. M. . . .
[For the Union.]
COUNTY SEAT OF YOLO.
MESSRS. EDITORS: . . . The objections to the present location at all
seasons of the year become doubly forcible and urgent on account of the
inundation of the eastern portion of the county. It has been entirely
impracticable to reach Washington except by water, and by that means
frequently with the greatest difficulty, aud through innumerable
annoyances and great loss of time. Petitions to the Legislature, asking
for the removal of the county seat to Woodland, have been circulated
and signed. There were 1,800 votes polled in the county at the last
election. So many have been driven off by the flood that it is fair
to estimate that there are not now more than 1,500 voters in the county. . . .
A YOLO VOTER.
YOLO COUNTY, February 17, 1862. . . .
Sacramento Daily Union, Volume 22, Number 3402, 22 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[REPORTED SPECIALLY FOR THE UNION..]
SENATE.
SAN FRANCISCO, February 19, 1862.
The Senate met at 11 o'clock, the Lieutenant Governor in the chair.
The Journal was read and approved.
REPORTS. . . .
Mr. Crane, from the Committee on State Library, to whom was referred
Senate Bill No. 68--An Act to authorize the State Librarian to have
certain books repaired--reported that the Committee had made a personal
examination and found 1,000 volumes more or less damaged; only one-half,
however, sustaining any material damage, the others being slightly
wetted so as to spoil the labels, which could easily be glued on again.
Not over 250 needed to be rebound, and it would not cost over $300.
About 500 were public documents, and could be duplicated. . . .
INTRODUCTION OF BILLS. . . .
Senate Bill No. 111--An Act to grant the right to construct a bridge
across Stanislaus river, at Byrnes' Ferry--was taken from the general
file, read a third time aud passed. . . .
At two o'clock P. M. the Senate sdjourned. . . .
SENATE.
SAN FRANCISCO, Feb. 20, 1862.
The Senate met at 11 o'clock, Lieutenant Governor Chellis presiding. . . .
GENERAL FILE. . . .
A message was received from the Governor announcing the approval of
Senate Bill No. 95--An Act to amend an Act authorizing the Board of
Supervisors of Sutter county to construct a bridge; also, Senate Bill
No. 110--an Act granting the right to construct a bridge across Mokelumne
river at Middle Bar, to Adam Densler and others; . . .
INTRODUCTION OF BILLS. . . .
By Mr. Harvey--An Act for the relief of purchasers of swamp lands
[providing for the suspension of the ten per cent. interest where
cash has not been paid, the object being to enable them to recover
from the misfortunes of the flood. To the Committee on Swamp Lands. . . .
At half-past two P.M.. the Senate adjourned. . . .
ASSEMBLY.
SAN FRANCISCO, Feb. 20, 1862.
The Speaker called the House to order at eleven o'clock. . . .
[CONCLUDED ON FOURTH PAGE.]
p. 2
NEWS OF THE MORNING.
We learn by telegraph that snow fell generally throughout the interior
yesterday. . . .
The steamer Gem was successfully launched on the American river yesterday. .
AMENDMENTS TO THE CONSTITUTION. . . .
Our legislative sessions ought to be held in the Fall, when communications
are open, free and rapid between all portions of the State. In the Winter
season nearly one-half the State is either beyond the reach of the mails,
or reached with great difficulty, in consequence of rain-storms,
snow-storms, high water and impassable roads--in ordinary seasons, and
in extraordinary seasons like the present, communication with a large
portion of the interior becomes simply impossible.
There are no good reasons which can be offered why the sessions of
the California Legislature should be held in the Winter season, except
that it is the season when Congress meets, and when most of the
Legislatures North and South hold their sessions. . . .
FLOODS AND THE OUTLET AT CARQUINEZ.--We find the following communication
on this subject in the Alta:
The recent floods have directed the attention of many scientific and
practical men to the consideration of the means to be employed for the
protection of the central valley of our State from the disasters of such
overflows, and it is presumed to be the object of all to reach the best
remedy, rather than to sustain any assumed or preconceived theory. Upon
this presumption I take it that not even the most proficient and assured
advocate of any theory or plan will object to having his attention called
to facts which have been observed by others, while they may have been
overlooked by him.
The SACRAMENTO UNION has published two articles, written by Mr. Rowlandson,
of San Francisco, wherein it seems to be assumed that the great cause of
the extensive overflow of the valleys has been, and will be, the
insufficiency of the channel afforded by the Carquinez Straits for the
discharge of such a quantity of water. Now, I do not know Mr. Rowlandson,
but he is apparently a man of fine scientific attainments--he may,
nevertheless, have overlooked a fact which seems to me fatal to his theory.
I have the assurance of a number of persons living above the Straits that
though they have had extraordinary high tides during most of the period of
the greatest floods, still, at low tide the water ran out to as low a
point as it ordinarily does, showing that Suisun bay was not materially
affected by the vast flood poured into it from the central valleys.
It appears to me that the accumulation of water has been, to a great extent,
occasioned by the numerous cross currents, and other obstructions to the
direct flow of the waters from the valleys. Most persons traveling the
Sacramento river during the prevalence of the floods, will have observed
that while in one reach of the river the water would be pouring into it
with great force from the right bank, in the next reach it would be found
coming in with equal force from the left bank, and the consequence is
that the passage of the current in the river is checked, and the floods
held back which might readily pass through the Straits after they once
get into the Suisun bay.
My sole object being to direct attention to these facts, which appear
to me to have been overlooked by Mr. Rowlandson, I will not presume
further upon your space at present.
In this connection we publish the following note from Mr. Rowlandson to
the UNION:
I would be very much obliged if any of your correspondents or readers
could afford me a tolerably approximative estimate of the area of
land overflowed when the Sacramento river stands at ten feet low water
mark.
I wish also to inquire whether the low water mark referred to
is an accepted standard level for convenience of reference, but below
which the river may occasionally fall, or does it mean the lowest level
to which the waters of the Sacramento opposite the city were ever known
to fall, and thus be a fluctuating or plan of a fixed datum? In ordinary
cases, it is usual to have the datum or fixed point founded upon averages.
If any of your readers could also afford information upon other points I
should be much obliged, such as the season at which, on the average of
years, the highest and lowest water marks have been reached, and their
relative differences in each year, and the rain fall of each year, etc.
All the data pointed out are of the utmost importance to a satisfactory
elucidation of the difficult problem which it is sought to have solved,
namely: the future safety of Sacramento from the dangerous consequences
of floods, combined with the reclamation of the lands at present overflowed
without throwing the burthen of the excluded waters on other districts
now free from their incursion.
BY TELEGRAPH TO THE UNION.
Observance of Washington's Birthday--Departure of the Golden Age--Samaritan
Society--Arrival--Rain.
SAN FRANCISCO, Feb. 21st. . . . .
There has been a light but steady rain all day. . . .
A substitute for bill providing for binding damaged books in the
State Library was adopted and read a third time. . . .
p. 3
CITY INTELLIGENCE. . . .
RAIN AND THE LEVEES.--The region of Sacramento was visited yesterday by
additional rains, which set in in the morning, continued quite moderately
during the day, but increased to quite a storm during the evening. We have
had several weeks of good weather with slight exceptions, but the indications
of yesterday seemed to promise a renewal of the storms of the early period
of the Winter. Fortunately the rivers are down so low that considerable
rain will be necessary to fill them to the natural banks. The Sacramento
stood last evening fifteen feet above low water mark, or more than eight
feet below the highest point of the present season. The levee on the north
of the city, west of Twentieth street, is about as good as it has been
during the season. At that point there is an opening thirty or forty feet
wide, which will admit water on a level with the natural ground. At the
tannery the late repairs had progressed so far that by close watching and
hard work a rise of two or three feet above the natural bunk may possibly
be kept out of the city. Two or three days more of work, or twice the
number of hands at the commencement, would have made it much more safe
than it is at present. Burns' slough and all points between it and the
tannery are entirely exposed, as they were when the rains ceased a month
ago. The Sacramento levee above R street is in such a condition that a
high rise will be pretty sure to bring the water through opposite Crump's
house. Energetic measures should be resorted to to prevent such a result.
LAUNCH OF THE STEAMER GEM.--The steamer Gem was launched into the waters
of the American river, at Rabel's tannery, at about three o'clock yesterday
afternoon. All things had been prepared, including a full head of steam
in her boilers, and by means of a line connected with a windlass across
the river, she was started from her repose and smoothly and naturally
glided into the stream. An hour or so was occupied before she started
to the city, when she put on steam and came down in fine style. At she
made her appearange from the mouth of the American she received a warm
welcome from her sister steamers. On both sides of the river their bells
rang and their whistles pealed out their notes of joy at her safe return
from so perilous and extraordinary a journey. The Gem was carried through
the crevasse on the 23d of January, about four weeks ago. The cost of
getting her into the water again, by the aid of Fell's apparatus, has
been but about $3,000. . . .
DEAD BODY FOUND.--Information was brought to Coroner Reeves yesterday
afternoon, that a dead body, supposed to be that of a Chinaman, had
been found on the American, near Patterson's, at the ranch of John
Studevas. The Coroner will visit the locality this morning and hold
an inquest. . . .
MORRISON'S LAND BILL.
EDITORS UNION: I have just read Morrison's Land Bill (published in the
Union of the 14th instant) for the employment of the convict labor of
the State upon works for the reclamation and protection of lands inundated
by this Winter's floods.
Sections three and four, as I understand them, are mandatory,
and restrict the Board of Control to the acceptance of such plans,
specifications, estimates, etc., only as may be based upon the mode
of reclamation and improvement prescribed by the bill. To my mind
there are several objections to these sections. They give no scope to
engineers to suggest, and the Board to adopt, a better plan (if there
be any), than that now present to the minds of the Committee on Swamp
Lands. They call for plans, specifications and estimates, without
providing the means of making the proper examinations upon which to
base them; for no engineer, whose opinion is worth anything, will make
plans and estimates for works so important without examining the country,
and looking into the causes and effects of the overflow, as means of
coming to his conclusions. The small sum of $3,000 provided, will scarcely
pay the expenses, even if he be successful in obtaining the prize.
Instead of restricting them, then, as the bill does, let it be so amended
as to authorize the Board of Control to invite reports from engineers
suggesting the outlines of the best and most practicable plans which
occur to them, for preventing or abating the effects of a like flood,
from which the Board can select, and will have a distinct object in
view, and can order the necessary surveys and examinations, and present
plans, specifications and estimates to the next Legislature. The subject
is one of great importance, and time should be taken to consider it;
the consequences of adopting a bad or imperfect plan will tell by
millions against the prosperity of the State. A Civil Engineer.
YOLO COUNTY, Feb. 19th. . . .
BALL AT MICHIGAN BAR.--In consequence of the prevalence of storm and
flood during the Winter we have had no balls and dancing in Sacramento
as usual at this season of the year. A Washington's Birthday Ball was
announced to tske place last evening at Crouch's Hall, Michigan Bar.
The weather was not very favorable, unless it was more agreeable there
than here. . . .
BAD CROSSINGS.--We have been requested to call attention to the bad
crossings on the south and west sides of the junction of Fourth and
K streets, but as there are no crossings there, we have but a poor
foundation for an item. The location is central, the travel extensive,
and the necessity for good crossings, urgent. . . .
FINANCIAL SUGGESTIONS.
Messrs. Winans and others, Committee--Gentlemen: In the Union of this
morning I observed some remarks upon the "City Indebtedness," and
suggesting a mode of paying it. In every particular it should meet
with your indorsement, and the bill you have submitted be altered
to meet this very evident requirement. I have heard many interested
parties, both debtors and creditors, express their approbation of the
proposed scheme. It possesses this unqualified merit, that the parties
with whom we have to deal in the settlement are those who are familiar
with the system of capitalizing principal and interest and paying in
annual instalments, and will readily understand that they will receive
a benefit by this proposed capitalization. The condition of your city
by reason of flood is world known ere this, and your creditor is
wondering what effect such will have upon his bills receivable from
Sacramento. Introduce this and you take him at a time when he will
compromise in the sale of the commodity he holds as quickly as your
merchants disposed of barley that was injured by the flood. Delay the
matter until your city shall be reclaimed by new and stronger levees,
and the floods of '61 and '62 be forgotten, or another class of
citizens, who were not here in the times just passed through by us,
and everything resumes its flourishing condition, and your taxes are
levied and interest paid as usual, through fear of public clamor against
repudiation, and you know as well as any of us that your financial
condition will be worse than ever, for the money you propose to raise
for purposes of redemption cannot possibly succeed after three years
of redemption shall have passed, at the rate you stipulate--i.e.,
thirty cents; hence, the money raised for that purpose goes into the
General Fund, to be frittered away as money in the hands ot a corporation
always is when not directed by stringent law. Remember, if we could
always have you gentlemen to appoint to places of trust our agents,
we would not fear the result in the disbursement of our funds, but the
bill as submitted provides for the usual republican form of election by
the "dear people," and who can tell whether when the next new Board shall
assume power, we may not have our Redemption Fund continued (in the hope
of being able to redeem) that through such a tempting net money may be
procured for other purposes than those you now propose to use it for.
It may be said that the bonds cannot be called in for exchange into
"annuities." In reply I would say that our creditors have heretofore
exhibited their doubt as to our ability to pay, or the validity of
their bonds, virtually acknowledging that we could do with them as
we chose, or else they were magnanimous to a fault, for they cheerfully
surrendered ten per cent, for a new issue :of six per cent, which,
upon undoubted security, would have been equivalent to a gift to us
of about $700,000, or four-tenths of our debt; for a six per cent. bond
is worth but six-tenths of a ten per cent debt. But much further and
stronger is the argument, that by the plan proposed, our creditors are
absolutely improved in their pecuniary condition. To illustrate:
The best evidences of the value of our bonds is the price you propose
to redeem at, and the price you might purchase for if you had money in
hand. The first is thirty cents as a maximum, the latter twenty cents
as a maximum. Now you take $30 and invest and you do not have as much
money at the expiration of fifteen years as $7 will produce invested
at the same rate of interest per annum, adding annually your $7 under
the annuity system. If such be a fact (and compute it for yourselves),
will your creditor not jump at the chance of getting the most money he
can out of a bad debt?
The citizens have confidence in you as a Committee, yet possessing
equal intelligence would expect you to listen to argument to show you
might err, and if you found you had, in any matter as important as this,
believe you would cheerfully correct it. I submit, then, that you
carefully investigate the subject and determine whether or not a law
authorizing the appropriation of sufficient funds to meet seven per
cent. per annum upon your principal debt, and no provision for
appropriation to Interest Fund, and authorizing the payment of what
may be proper as commissions to bankers or others, for the trouble of
negotiating for their correspondents abroad, in making this exchange
of bonds into annuities, will not cover the whole ground of our
difficulty, financially. If it will not I cheerfully submit, and am
a . . . MUGGINS.
SACRAMENTO, Feb. 21, 1862. . . .
p. 4
[CONTINUED FROM FIRST PAGE.] . . .
REPORTS. . . .
Mr. O'Brien, from the Calaveras and Amador delegations, reported back Senate
Bill No. 55--An Act to grant to Lewis Soher and others the right to construct
a bridge across the Mokelumne river at Big Bar, with amendments. . . .
Mr. Eagar, from the Committee on Ways and Means, reported back Assembly
Bill No. 16--An Act to appropriate money for the benefit of the Ladies'
Seamens' Friend Society of the Port of Sau Francisco, with an amendment
reducing the appropriation from $10,000 to $3,000.
Mr. Barton of Sacramento, from the same Committee, submitted a minority report
on the same bill, signed by himself and Messrs. Parker, Teegarden and Dudley
of Placer, recommending that the bill be postponed indefinitely, on account of
the condition of the Treasury and the recent disasters by floods. . . .
Sacramento Daily Union, Volume 22, Number 3403, 24 February 1862, p. 1
CALIFORNIA LEGISLATURE.
THIRTEENTH SESSION.
[For some reason which has not been explained to us, the proceedings of the Legislature for Friday did not reach us yesterday. We are indebted to the Bulletin and Alta for the following report:]
ASSEMBLY.
FRIDAY, February 21st
House met at eleven o'clock A. M.--Speaker Barstow in the cbalr. . . .
Pending the arrival of counsel in the case, the Enrolling Committee
reported as correctly enrolled:
Assembly Bill No. 67 granting to certain parties the
right to build bridges on the Stanislaus river. . . .
Assembly Bill No. 88, authorizing the Sutter couuty
Board of Supervisors to levy a special tax for repairing
the County Couurt House. . . .
House adjourned at four o'clock.
p. 3
[For the Union.]
CALIFORNIA FLOODS.
Their Causes and Suggested Remedies.--No. 4.
BY T. ROWLANDSON, SAN FRANCISCO.
EXISTING EVIDENCES OF RECENT FLOODS.
Among other interesting considerations connected with this inquiry, there
is one which at the present moment occupies a considerable share of public
attention, namely: How often may the occurrence of floods such as have
been witnessed during the present season be anticipated? As also the
collateral inquiries: Are there evidences of higher floods having
occurred? may such be anticipated in future? Upon the correct solution
of these questions the character of any proposed remedies ought to be
based. For the present I shall not enter into any elaborate details as
to why I believe that storms, more or less similar to that of the present
year, may be anticipated at least about once in twelve years, or about
eight times in the course of a century. This opinion is, however, given
on the presumption that we are correct in assuming the past twelve years
as the normal climatic condition of Upper California. Whether this opinion
is correct or not, I shall defer noticing it until I come to consider the
general and special meteorology of the State and its subdivisions. I must,
however, here state that from the direct oral testimony of native
Californians, confirmed in a large degree by several natural evidences
which had previously been noticed by me, I am strongly inclined to believe
that instead of rain storms and great amounts of rain failing during the
rainy season, taking place what may be termed spasmodically, light and
heavy wet seasons occur irregularly in cycles of a more or less number
of years. As regards the personal evidence if it is to be depended on,
I should infer that the number of very wet years would preponderate over
the comparatively light rainy seasons. Taking the experience of the past
twelve years, as a standard of reference for comparison with the years
occurring antecedent to the occupation of California by the United States,
this last period being one in the course of which the annual downfall has
been light. If this opinion should be at all well founded, it the more
essentially behooves those interested in property subjected to inundation
by flood and freshet to at once see that they have it properly and
permanently secured from the injurious influences of flood, for it is
possible that the present season may only be the commencement of a wet
cycle. Dismissing this episode for the present, I shall proceed to detail
what have appeared to me evidences conclusive that the river Sacramento
and several of its chief affluents, on its laft bank, had within very
recent periods risen much higher than the hitherto recognised highest
floods, as well as some other natural phenomena, illustrative of the
probability that heavier and more continuous rain-falls rnust have
occurred in this State prior to its occupation by the United States.
Among the most singular characteristics of the arborescent growth
(chiefly coniferae) amidst the canons and high lands composing the water
shed which supplies the upper waters of the three forks of the American
river, none appeared to me so strikingly curious on my first, nor was
this feeling ever lessened by later visits, than the numerous small
areas occupied in many cases by solitary, in others by sparsely
distributed dwarfed members of coniferae of different ages and
relative hights, but all presenting the appearance of much greater
age than would be indicated by their size. To a non-observing person
these appearances would probably have been get down to what is
indefinitely understood by that still more indefinite expression,
"a freak of nature," or perhaps to the circumstance of uncongeniality
of soil. In some cases, the latter idea might be correct; but a careful
examination of several such patches, and comparing the condition with
adjoining places, where trees of similar species were growing in
comparative luxuriance, I have quite as frequently as otherwise
discovered that so far as circumstances of soil are concerned, any
variation was imperceptible. I was, consequently, forced to the
conclusion that this difference of stunted and healthy growth in spaces
contiguous to each other was owing to the fact that the healthy had
sprung into life during what to them were favorable or wet seasons,
whilst the stunted and slow growing were ushered into and passed the
earlier years of their existence during unfavorable or dry years. The
phenomena just noticed can be observed ir many parts of the mountain
districts, but I am not aware of it forming so very marked a feature
of the landscape as around the upper waters of the American river.
It is within the capacity of the simplest intellect to believe that
if two sets of coniferous seeds, planted in a given situation, the
first sown during a very wet cycle of from five to ten years, and
the other at the commencement of a dry one of similar length, that in
an arid, rocky soil, the former might get sufficiently started and
their roots penetrate to a depth where they would always find moisture
during the dryest season, and thus maintain an uninterrupted growth;
whilst the other might become stunted, owing to the aridity of the
soil and to the droughty character of the season immediately succeeding
the development, and thus partially or permanently check their
development as plants. I do not know how far these opinions may be
shared by other observers who may reside within the district alluded
to. If the phenomena can be accounted for on any other ground than
that to which I have adverted, I shall be very thankful to any one
who will give the correct explanation or expose my error.
There are other means of deducing information on this point, by
searching such evidences as are afforded by sections of the detritus
and alluvion which chiefly compose our placers, as also by the
examination in many places of the upper or ordinary surface soil.
It is a general opinion, though far from proved, that the bulk of
California placers accumulated while submerged. As a general fact,
although not giving an adherence to it as a whole, it may pass without
dispute, so far as the discussion of the present question is concerned.
There exist however, many sections of placers which show that the drift
has baen accumulated at two, three or more times, and not unfrequently
with the fine gold distributed in thin horizontal lines separated from
each other by bands of detritus, the lowest series composed of heavy
cobble stones on rounded or angular lumps of quartz, diminishing to
gravel up to impalpable alluvion, superimposed in the order of their
size and consequent facility of sinking in water. Wherever such
appearances are to be seen the inference may be fairly drawn that
such deposits have been the result of local rather than wide spread
oceanic agencies. The limited attention which I have been abie to pay
to this subject whilst traveling through the mining districts, has led
me to infer that the major part of the placers have been formed by agencies,
not greatly differing from those which have been witnessed during the
present season. If this opinion should be corroborated, or found to be
correct by future investigations, it will greatly strengthen the testimony
in favor of the probability that on prior occasions, and very recently,
with reference to geological time, much heavier floods have existed in
California than any respecting which we possess authentic information.
The difference between geologic and historical is, however, so great,
that it would be unsafe to reason upon the former unless we could
fairly bring it within the scope of the latter, the ratio between the
two being probably proportionate, as centuries are to minutes. There
are some points in reference to this part of the inquiry on which we
may form hypotheses with pretty nearly perfect safety, namely: That all
the evidences derivable from physical geography and geology point to the
inevitable conclusion that up to a time long anterior to the generally
recognised period of five thousand years, the physical outline of
California has not greatly differed from what it is seen at present;
changes there may have been, but such as are only of a minor character,
and would not at all influence this inquiry. It is true that in many
places there are tolerably indubitable appearances that since the placer
drift was deposited more or less of an upheaval has taken place. Assuming
such to be the case, it would only go to establish the fact that California
would be more liable to suffer from floods subsequent to, in place of,
prior to, such presumed upheaval. The only way in which it.could at all
be assumed that any variation in the physical features of California might
probably in time past have caused greater quantities of rain to fall and
larger floods to occur, would be on the hypotheses that the western water
shed of the Sierra Nevada at one time extended some hundred miles back
into the country now known as the great basin but then assumed to be
occupied by mountains overtopping the existing Sierra. But all geological
evidence on both sides the Sierra contradict such an assumption; we are
consequently drawn to the necessity of concluding that the superficial
covering which overlies the foothills and vales to the east of the
Sacramento and the San Joaquin have been brought down by and deposited
in their present position through existing agencies, and that what has
occurred may occur again, for there is not the slighteat shred of an
argument that can be adduced to satisfactorily show that, durirg the
latest epoch of the world's history, meteoric agencies have in the
smallest degree changed, so far as to diminish the tendency of heavy
rain falls. On the contrary, if the whole State has undergone a slow
but general upheaval, it would in such an event be safe to conclude
that this tendency has rather been aggravated than lessened.
I am about to relate a matter which will greatly serve to illustrate
the species of information which may be derived from observant miners.
I believe it was on my first introduction to the California Academy of
Sciences, early in 1856, that there was brought before the notice of
the meeting some pieces of charcoal that had been discovered in digging
near Columbia, Tuolumne county, and were found at a depth of thirty or
forty feet from the present surface--the exact depth I cannot now
remember, but it was possibly several feet more; the charcoal had a
freshness of appearance as though it had only been buried the week
prevously. I am quite aware of the almost practical indestructibility
of charcoal when buried in the earth, or remaining under water. I have
seen the charred stakes taken from the banks of the Thames, when tradition
relates that the Britons rallied behind wooden forts constructed to defend
themselves against the Romans under Julius Caesar, which defenses were
fired and burned by that celebrated invader. I have also seen charred
wood and charcoal taken from the Foggdike, Lincolnshire (constructed by
the Romans), as well as found in the vicinity of extinct iron furnaces
in the hematite district of North Lancashire, and the green sand of
Surrey, etc.; in all such and numerous other like cases, wherever there
has existed indubitable evidence of the charcoal or charred timber being
buried three centuries, the exterior parts of the charred matters become
of a dull, in place of a shining metallic, black appearance. On these
grounds, therefore, I inferred that the pieces of charcoal obtained from
Columbia must hare been placed there since the discovery of America by
Columbus, and aa a consequence, also, the whole of the superincumbent
detrital matter must also have subsequently accumulated.
When the matter was brought before the notice of the Academy I was, like,
I believe, the whole of the members present, sceptical as to the truth of
the charcoal having been found as asserted, nor was that scepticism
converted into belief until on visiting Columbia about two months
afterward and calling on a gentleman who had been a fellow passenger
with me from New York, I observed mixed amongst other curiosities
arranged on the mantel piece, a small basket filled with pieces of
charcoal; this at once led to inquiries respecting the charcoal alleged
to have been found in the vicinity; to my great surprise I was informed
that it had been found by the gentleman himself, his father-in-law and
some others, and that it had been derived from diggings which I had just
come from inspecting. The gentleman I allude to is a man of veracity and
education, and there can be no reasonable cause for doubting his statement
made to me and confirmed as it was by his father-in-law and others who
were present at the discovery. The party alluded to is Mr. Landor, who
is now the local manager and largely interested in the most successful
of the Mount Diablo coal claims. Such apparently small matters ought not
to be over-looked by intelligent miners, for they are like the canoe
paddle and pieces of wood which were observed by Columbus to be cast
upon the shores of the western isles, and first directed his mighty mind
towards another continent; impressions of leaves, pieces of twigs may all
form links of important evidence; such should be recorded and verified,
as they ought to be, if possible, soon after their discovery.
At the time alluded to above, the diggings around Columbia had not
proceeded to any considerable depth excepting in a few places, and
those not exposing any remarkable features. At that time the surface
soil about Columbia was plentifully furnished with what appeared to
me to be limestone, or rather coarse marble bowlders. Little had been
dug around these blocks at that time, nor could I obtain any definite
information, either from Landor or others whether they were the outcropping
rocks in situ or blocks removed from any distance. I could not obtain
any information at that time whether a similar kind of rock could be
found in the neighborhood--indeed the general impression was a negatve
one to such an assunption. This unsatisfactory condition of the inquiry
necessarily had to remain until further discoveries could be made. I held,
myself, a very strong opinion that the limestone rock would be found below.
I was led to this conclusion from observing that although many of the
bowlders had their angles somewhat round, others were nearly sub-angular.
and others that had the lower portions brought into view by recent
digging possessed tolerably sharp angles in the lower parts that had
not been exposed to the plow but certain decomposing action of the
moisture and carbonic acid of the atmosphere. The correctness of the
theory thus formed by me was fully exemplified. On a second visit some
time afterwards, if I recollect right it was the Fall of 1857, by which
period very extensive excavations had been made or the line of road
from Sonora through Shaw's Flat and Springfield to Columbia, tall
pyramidal, steeple like and fantastic forms of water worn limestone
rock projected upwards from the main rock, affording the most
indisputable evidence of having at one period, and over an immense
space of time, been subjected to the slow but certain abrading
influences arising from the joint action of the atmosphere and running
water. It would occupy too much space to describe to the reader the
mingled feelings with which I viewed these mute but perfect evidences
of the state of things which had existed prior to the valley having
been filled up with the existing gold bearing debris. That a stream
had flowed in this place through a limestone valley, having for its
bed the limestone rock, until the whole became filled up by one or
more heavy floods loaded with detrital matter, was perfectly evident.
The place under notice presented all the appearences which are to be
seen in the limestone district of Craven in Yorkshire, and Dove Dale,
in Derbyshire, England. One particular rock near Shaw's Flat reminded
me very much of Pike's Pool, on the Dove, so graphically described by
old lsaak Walton. The evidence to be derived from these facts goes far
to show that if any change at all has taken place in the climate of
California, it is that destructive floods may be anticipated during the
present and future years to be more frequent than in times long past. It
is true that the filling up the hollows or canons with drift, as in the
case noticed, might be caused or aided by other extraneous circumstances
not now taken into account. Fully admitting this, such admission would
not at all remove the pretty certain fact that if the climate of that
part of California differed at all from what we see at present, it could
not have been by being more humid. The inference, if any is to be drawn
from the circumstances related, favor the conclusion that the meteorology
of California was probably less humid then than at the present moment.
I have previously drawn npon such natural evidences as are open to and
patent to every one to examine; there are others of a personal character.
What I am about to relate took place during the Summer of 1859, and
occurred under circumstances where there could not exist the shadow of
a suspicion for the statements made being other than in the most perfect
good faith.
At the time alluded to, I paid a visit to General Vallejo, at his
residence at Sonoma. I possessed a letter of introduction from a
gentleman residing at San Francisco. My visit was one purely relating
to agricultural matters, in connection with which the subject of climate
must ever be a prominent one. On my making some remarks respecting the
climate of California, General Vallejo very emphatically observod that,
owing to the character of the seasons which have occurred since the
occupation of the country by the United States, those who have immigrated
here have no conception of the very heavy rains and floods which
sometimes occur, several instances of which he then detailed. At this
conversation several other parties were present, and if called opon,
wonld confirm its substance. It made a great impression on me, and I
have ever since waited with interest to observe the development which
time would make in elucidating the truth or error of the General's
observations.
p. 4
NEWS OF THE MORNING.
. . .The proposed Act of the Committee of Citizens for building and
repairing levees in Sacramento county, will be noticed in our pages.
It will be read with interest by our citizens.
A warm rain set in yesterday, which, it was thougtt by some, would have
the effect of precipitating another flood upon the Sacramento valley.
The low state of the river may prevent such a calamity. . . .
THE LEVEE BILL.--After considering the subject from every point of view,
the Commitee having the subject in charge have agreed upon a bill, which
we publish to-day. It proposes a compromise, by which Sacramento may be
located in Swamp Land District No. 2, and still her own levees be under
the absolute control of the City Board of Levee Commissioners. But it
conforms to the general system established by the State law last year,
and which the Board of Swamp Land Commissioners are engaged in reducing
to practice. It establishes a Board for levee purposes independent of the
city government, and places the responsibility of building and repairing
levees upon men of substance and character, who are to undertake to
discharge the duties pertaining thereto without compensation. The bill
confers upon them no patronage, and leaves them in a position independent
of everything but the public good.
There has, from the first agitation of the question, been manifested a
strong determination to have the money raised in the city for levee
purposes expended under the supervision of the city authorities. This
bill provides fully for that object, while at the same time it harmonizes
in its provisions with the general law for reclaiming swamp and overflowed
lands. It is, as it ought to be, stringent in its provisions for levying
and collecting taxes, for unless the money is forthcoming the work of
thoroughly protecting the city cannot be executed. The six dollars poll
levee tax is pretty strong, and will be likely to be objected to, though
we presume there are but few men in the city who will not cheerfully pay
six dollars to aid in building levees around it which the water will never
overtop. The right to sell franchises for toll roads in and out of the
city, to be located on the levees, may be advantageously used by the
Board of Commissioners. The levees will make the best road in the county,
but the use of them for roads will reduce them annually in hight, and
unless the Commissioners provide that they shall be kept at a certain
elevation they may be worn down a foot or two in a few years. The city,
under this bill, is to pay one-half the cost of building a levee from
Thirty-first street to above Burns' Slough, the work to be done by
contracts let by the State Board of Swamp Land Commissioners. It will
be well, too, while we are about it, to authorize the Commissioners to
build a cross levee back of the city, if one is pronounced necessary.
After the outside levee is built, we are quite confident a cross levee
will be decided necessary as a kind of double protection.
COLD.--Tuesday night, February 11th, says the Mariposa Gazette,
was the coldest ever experienced here by white men. The thermometer
showed the temperature to be 12 degrees below the freezing point.
Ice was formed in many places about the town to the thickness of an
inch. In this office, water in buckets froze to the thickness of
five-eighths of an inch. . . .
FALL OF RAIN AND SNOW.--It is stated that S. R. Durham, who resides
one mile east of the summit of the Sierras, on the Henness Pass route,
has kept a record of the fall of rain and snow there. Up to February
1st, forty-two inches of rain and about fifty feet of snow had [piece
torn out]...t in. . . .
BODY FOUND.--The body of J. A. Peterson, one of the men drowned on Sunday,
February 2d, was fourd in the vicinity of Boston Bar, Calaveras county,
some five or six miles below the ferry where he lost his life. The body of
the other man has not been recovered. . . .
THE EL DORADO MOUNTAIN WAGON ROAD.
PLACERVILLE, Feb. 22, 1862
EDITORS UNION: Having occasion to pass over the "County Mountain Wagon
Road" between Brockliss' bridge and Strawberry station, the past week,
I gave particular attention to the same with reference to its condition
and state of repairs going on. From Placerville to the bridge the public
road is passable for teams, and for a few miles up the river, where in
consequence of the late violent storms the road is carried away by the
land slides in numerous instances, and in every ravine the bridges and
culverts are all gone to Dick's Station, thus closing the road for teams.
Horses, men and pack animals pass without difficulty. I found about a
dozon men employed by the County Superintendent, doing all that they are
able to do with the means at his command, to open the road, for general
travel, as also the Overland Mail coaches, now suspended. As near as
I can judge it will cost to put this road in a passable condition for
teams, at least three thousand dollars, and one month of time. Under
the present law the Superintendent can only expend the receipts of tolls
on the bridge in keeping this twenty miles of road in repair, all of
which has been applied, and now that a large outlay is demanded the fund
is in debt at least twenty-five hmdred dollars, and next to no receipts
accruing.
The very great necessity for the immediate opening and keeping in repair
this important route over the mountains to Washoe, and across the
continent, renders some additional legislation indispensable, that
the Board of Supervisors may adopt such means by additional tolls or
otherwise that the travel may sustain the road. It is understood that
prominent men doing business on the route are willing to put the road
in gocd condition, and keep such bridge in repair for the tolls to be
collected thereon, without further compensation. This would seem to be
the best arrangement that could be made for the teamsters as also the
traveling public, when it is seen that the fund is largely in debt, and
the road closed without a still larger expenditure, which they ars not
authorized to make. And lengthy experience has taught that in California
no good roads are to be found unless it be those buiIt by private
enterprise, and sustained by much greater tolls upon the travel to
support tham. And further, no class of persons are more willing to pay
the tax than teamsters, over the Sierra Nevada mountains.
The main turnpike road from Strawberry to the summit is in excellent
order, and the Kingsbury grade, eastern summit, is being rapidly repaired,
and will be good condition for teams within a month. The Oglesby road,
south side of the American river, is closed with snow.
Yours, B. R. N. . . .
FROM RIO VISTA.--A correspondent of the UNION, writing from Chapman's
Mound, February 21st, expresses the opinion that the settlement of what
was originally Rio Vista is not altogether extinct. He says:
The town of Rio Vista has scattered down the river about two miles,
leaving considerable dispute in regard to the proper site, which I think
is pretty well settled by the grant now in progress in the Legislature,
giving the franchise to J. McWorthy and J. Briminy for a wharf. If the
parties should comply immediately, it will be a great benefit to the
community, but otherwise the citizens will be under the necessity of
looking further for aid. According to the present franchise, the town
will be located one mile and a half below the former town of Rio Vista,
which will be some twenty feet above high water mark, making it safe from
high water, if nothing more. There are a number of persons awaiting the
wharf franchise to begin their buildings, which will ba more extensive
than ever were thought of on the old site. The water has fallen so that
the old site is pretty well out, but those that have had buildings there
will never build more there. There is plenty to eat at the new location,
but chances for bedding are scarce. Parties coming to this place would do
well to bring their blankets with them. There have been several hundred
head of cattle landed here by different steamers, a great many of which
have died, and many more will die unless fed. There are about one hundred
tons of hay here, which will last but a short time for the amount of
stock here which must be fed to save them. , , ,
CASUALTY.--On Thursday, February 13th, a son of William S. Hughes, of San
Rafael, fell into the creek running near the residence of his parents, and
was drowned. He was discovered shortly afterwards, but life was extinct. , , ,
[For the Union.]
PROTECTION OF OVERFLOWED LANDS.
MESSRS. EDITORS: The review of Thomas Rowlandson, in your numbers of
February 18th and 19th, of the bill introduced in the Assembly by Murray
Morrison of Los Angeles, does not examine fully the means by which
Morrison seeks to prevent future overflows of the Sacramento and
San Joaquin rivers.
The articles in question are limited to show that a "mere" system of
levees will not answer, but in the opinion of Rowlandson the evil would
thereby be aggravated. The means proposed by the Assembly bill are, that
the rivers shall be straightened in certain places where engineering
science shall show its practicability, by making proper cut-offs;
that the rivers shall be dredged to some practicable average depth,
and that levees of proper solidity and hight shall be erected on their
banks. Such works, planned by intelligent engineers, executed by the
labor of four or five hundred men engaged therein for a term of five
years or more, ought fully accomplish the objects contemplated by
Morrison. For this work the State has at its disposal some six hundred
convicts, a portion of whom are temporarily leased at thirty cents per
diem to work sewing machines, to the Ioss of a great number of respectable
females who formerly earned a living by similar means. The State shonld
lease its convict labor in the manner suggested in Morrison's bill, and
in the course of a few years the increased taxable value of reclaimed
land would repay the State many fold the cost of its maintenance.
The State should not seek to make prison labor self-sustaining by
creating a competition with private individuals, by leasing convicts
to contractors at merely nominal wages. The cost of maintaining
penitentiaries is a grievous burden to all classes; but the State in
selecting the industry of any particular class acts both unwisely and
unjustly.
The feasibility of executing the works contemplated by Mr. Morrison
with the labor of convicts, cannot be measured by the principles
governing joint stock or speculative companies. Under any system the
cost of maintaining the prisoners will be an expense to the State, and
the question for our legislators to determine is, shall its cost fall
on certain classes of artizans, or shall it be devoted to further the
great interests of the commonwealth. The labor, if employed as suggested,
really costs nothing. It stops a leak in the treasury. The bill provides
for an allowance from the State to the different districts for the care
and maintenance of the convicts, which will save the State one-half its
usual outay for the same object, even where the prisoners have been farmed
out. With labor at such rates, employed in objects worthy of the policy
of a State, and under conditions that offer hope to the criminal, the
financial question which often prevents the execution of engineering
projects exists not.
Mr. Rowlandson fears that the Straits of Carquinez are not adequate to
the discharge of the waters which have caused our present disasters. The
narrowest point of those straits is nine hundred yards, and their depth
at that point is one hundred and twenty feet, a greater area than discharges
the mighty Mississippi.
The rapid discharge of the waters of the Sacramento has been prevented,
it is true, by an impediment, but not one existing at the Straits of
Carquinez. The real cause will be found at what may be called
" Dams"--namely, the Hog's Back, at which point the depth is but six
feet, and at various other points of the river there are obstructions
of but little greater depth. These "dams" have prevented the flowing of
the water, and it will be found that the damage has occurred above those
points.
The removal of these obstacles will not require great labor nor expense.
Proper dredging machines would soon form a channel of sufficient depth,
and the material raised could be discharged on either bank, as required.
The effect of this would be to make the swamp and overflowed land back
of these levees immense reservoirs or lakes; and the rivers would thus
be freed, at a critical period, from the rain-shed of that immense
area---the waters of which would be gradually drained as the rivers fell.
Morrison's bill also contemplates a system of drainage of the overflowed
lands by canals, which may be of sufficient width and depth to answer
for purposes of transportion.
The Mississippi, below its junction with the Missouri, runs an immense
distance with a width not greater than three fourths of a mile, and
a depth not any greater than that of the Straits of Carquinez The
average width of the river is about one mile--with a depth at Nachez,
four hundred miles above its mouth, of one hundrad and thirty feet, and
at New Orleans, one hundred and twenty miles from its mouth, its depth
is estimated at fifty fathoms: and all this water flows over bars not
deeper than fourteen feet; whereas at the Golden Gate we never have less
than thirty-six feet at dead low water, and the opening of the Golden
Gate is far greater in delivery than all the mouths of the Mississippi.
From the sources of the Mississippi to the Missouri the medial rise is
about fitteen feet; between the mouths of the Missouri and Ohio, the rise
is twenty-five feet; end for a greater distanoe below this part it is
fifty feet, thence subsiding to Baton Rogue [sic], one hundred and eighty
miles above New Orleans, to thirty feet. Mere levees have protected all
these low lands from annual inundation--the levee serving as a splendid
road.
The Coast Survey of the United States furnishes much valuable information
on this subject, and referring to it, I remain your obedient servant, JOHN
ROACH.
SAN FRANCISCO, Feb. 21. 1862. . . .
LOSS OF STOCK IN OREGON.--The Portland Advertiser of February 15th has
the annexed in reference to the loss of stock in Oregon:
The loss of cattle east of the Cascades is frightful: During a
residence of several years in that section, we can form a tolerable
estimate of the losses sustained by stock raisers in that neighborhood,
which are said to be about 3,000. On Hood river we learn that Benton
has lost the whole of his stock. We set dswn the loss of cattle at
1,200 head between the Cascades and the Dalles. On the Umatilla we
also fear a loss of about 1,500 head. Wallace Cushman is said to have
lost 300 head at John Day's River. At Walla Waila, in Oregon, Walter
Davis, U. Jerrold, Preston and Brunton are supposed to have lost
1,000 head. . . .
p. 5
CITY INTELLIGENCE.
THE TWENTY-SECOND.--Washington's birthday was not celebrated in this
city by any general or concerted demonstration on the part of our citizens,
but they were nevertheless not unmindful of the character of the day.
The Courts and banks were closed. While the prevailing storm rendered
impracticable the display of many of our larger flags, others of medium
size were thrown to the breeze, among which were those of Confidence,
Protection, Sacramento and Eureka engine companies. Appropriate salutes
were fired in the forenoon by members of Protection and Eureka Engine
Compunies, and another by the last named company in the evening. The bells
of Protection and Young America Engine Company were rung in the evening
in commemoration of the day.
RENOVATION.--George Schmeizer, on J street, aear Eighth, has fitted up
an apparatus for the purpose of renovating damaged nails. It consiats of
a wooden cylinder, into which the nails are placed, and which is turned by
steam until they scour the rust from each other and become again fit for
use. The vast quantity of nails which have been wet and damaged by the
floods render this operation necessary. They are too valuable to throw
away, and too rusty to use to advantage in their present condition.
The new process renders them fit for use, though not quite so good as
new. Emery wheels and buff wheels are being fitted up, at the same
establishment, for polishing damaged cutlery of which there is also a
large amount in the city.
THE RIVER AND THE CHANGES.--The water in the Sacramento had fallen on
Saturday to a point fourteen feet six inches above low water mark--lowest
point attained since the first flood. Between Saturday evening and last
evening it had risen twenty-one inches, standing at sixteen feet three
inches above low water mark. On the night before the flood of December
9th the river stood at about nineteen feet. We have, therefore, an
advantage of about three feet above the stage of the river at that
time. This difference will tend to carry off more rapidly the waters of
the American as they descend, and possibly avert entirely the danger of
another inundation.
THE CALIFORNIA.--The steam fire engine brought to this city last
Summer by P. Donahue, of San Francisco, and exhibited at the State
Fair, has spent the past Winter in the basement story of the Pavilion.
Sometimes she was submerged by water, sometimes the floor floated and
kept her up and sometimes broke beneath her weight and let her down.
She now looks considerably worse of the wear, but is to be brought out
and brushed up, and we are informed by parties who have chartered it,
for the purpose of pumping out cellars. She can dispose of a large
quantity of water in the course of an hour or two when the steam is
up. . . .
INQUEST AT BRIGHTON.--Coroner Reeves held an inquest on Saturday morning
at Brighton township, on the body of an unknown Chinaman found afloat
in the American river at the ranch of John Studeras. The jurors impanneled
were J. Routier, Andrew Bell, N. Routier, J. L. Clearly, C. B. Church and
George Deitz. The witnesses examined were J. Studeras and W. Arrison. The
jury returned a verdict to the effect that the deceased probably came to
his death by drowning, but that the name and age of deceased were
unknown. . . .
RAIN.--Dr. Logan reports as follows on the late rains: That which fell
on Friday amounted to 0.365 of one inch; that of Friday night and
Saturday to nine o'clock P.M., 1.155; that of yesterday to nine o'clock
P.M. to 0.180--total, 1.700. The rain of the season amounts to nearly
thirty inches, as follows: November, 2.170; December, 8.637; January,
15.036 ; February to date, 3.360--total, 29.203.
THE LEVEE BILL.--The bill prepared by the Committee of Conference to
provide for the construction of a new levee, will be found in another
column. The Commissioners named in it for carrying on the work, are
L. B. Harris, Charles Crocker, W. F. Knox, J. D. Lord and E. P. Figg
of the city, and A Runyon, Josiah Johnson and Washington Fern of the
county. . . .
THE NEVADA.--According to the last reports from the steamer Nevada she
was being raised by the aid of schooners, chains, etc., at the rate of
four inches per day. The pump was likely to be set in motion within a day
or two to free her hold from water. . . .
THE RAILROAD.--The repairs on the railroad are so far advanced that it
is thought the track will be connected by this evening or tomorrow
morning, and the trains run to and from Folsom, with freight and
passengers, without interruption.
CHURCH REFITTED.--The Fourth street Baptist Chnrch--Rev. F. Charlton--has
been refitted and newly furnished since the last flood, and will soon be
opened for religious services. . . .
[For the Union.]
SWAMP LAND.
MESSRS. EDITORS: On the 28th day of September, 1850, Congress passed the
following Act:
An Act to enable the State of Arkansas and other States to Reclaim the
Swamp Lands within their limits.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That to enable the State of
Arkansas to construct the necessary levees and drains to reclaim the
swamp and overflowed lands therein, the whole of those swamp and
overflowed lands made unfit thereby for cultivation, which shall remain
unsold at the passage of this Act, shall be and the same are hereby
granted to said State.
Sec. 2. And be it further enacted, That it shall be the duty of the
Secretary of the Interior, as soon as may be practicable after the
passage of this Act, to make out an accurate list and plats of the
lands described aforesaid, and to transmit the same to the Governor
of Arkansas, and at the request of said Governor cause a patent to
be issued to the State therefor, and on that patent the fee simple
to said lands shall vest in the said State of Arkansas, subject to
the disposal of the Legislature thereof: Provided, however, That the
proceeds of said lands, whether from sale or direct appropriation in
kind. shall be applied exclusively, as far as necessary, to the purpose
of reclaiming said lands by means of the levees and drains aforesaid.
Sec. 3. Be it further enacted, That in making out a list and plats of
the land aforesaid, all legal subdivisions, the greater part of which is
wet and unfit for cultivation, shall be included in said list and plats,
but when a greater part of a subdivision is not of that character, the
whole of it shall be excluded therefrom.
Sec 4. And be it further enacted, That the provisions of this Act be
extended to, and their benefits be conferred upon, each of the other
States of the Union in which such swamp and overflowed land, known and
designated as aforesaid, may be situated.
If language has not lost its power, the plain intent and meaning of this
Act is simply that Congress has made the Legislature the Trustee to sell
the swamp land in this State, and reclaim it with the money it brings.
The members of Congress were pretty good judges of human nature when they
passed the Act. They saw that it might become, as it has, a "corruption
fund;" therefore, they provide distinctly that the lands shall be subject
to the disposal of the Legislature, provided they shall apply the money
it brings "exclusively to the purpose of reclaiming said lands, by means
of the levees and drains aforesaid." The whole Act seems to anticipate
that unfaithful trustees might be found in some of the States at
least--little thinking, perhaps, that the high-minded citizens of the
Golden State would so far sink their honor by a cruel, heartless violation
of their sacred trust. Had those now acting as members of the Legislature
taken the School Fund, and robbed our children of two years education,
it would have been nothing compared to the annual destruction of our
property, the unsafe condition of our families, and total wreck of our
faith in public men.
The whole line of the Sacramento vailey presents one vast scene of
desolation. Men with their families had settled along the banks of the
river, and labored for years to gather around them the comforts of
life--their cattle, hogs, sheep and poultry had increased, until they
were in comfortable circumstances--they had their beef, their butter,
their eggs, and indeed everything that was necessary to render them
happy--they looked forward to the time when the State would reclaim
the swamp land and render their homes secure. When the Legislature
provided a Board of Commissloners to reclaim their lands, hope
increased, the people talked favorably of the enterprise--they bought
swamp land with a hope of its being reclaimed--they looked forward to
the time when they could cultivate the soil and become rich by its
products and increased value of their farms. The Democrats had borrowed
the money out of the Swamp Land Fund, they had promised to pay it
back--the people thought they had no right to touch it and were afraid
it would not be returned. The Republicans promised to be more honest
if the people would elect them. They had faith in their promises and
placed them in power. November came; the two hundred thousand dollars
was honestly paid back into the treasury by the Democrats; confidence
was restored. The law provides that we may make our own levees, and pay
for them at the contract price, if they can be used as a part of a general
system of reclamation. The people went to work, having full confidence
in the honesty of their new party; the floods came and destroyed our
property; we looked forward wlth hope to the time when the Commissioners
would let some contracts, that we might get work at some price that wouid
enable us to improve our own property and get money enough to buy bread
and meat while we were at it. But how do we stand new? "Man's inhumanity
to man makes countless thousands mourn." Our honest party has thrown
cold water upon our hopes--again they have borrowed a part of the Swamp
Land Fund, and now propose to repeal the law passed for reclamation, so
that they may get the balarce. Not long since the honor of Sacramento
city hung in the balance of public opinion, but honor prevailed, and
now, in the midst of unparalleled suffering, the people of Sacramento
stand a head and shoulders above our honest Legislature. They had money
in their treasury, and were actually struggling for existence for want
of it; but it had been otherwise appropriated--honor forbade their
touching it, and they would not do it. How different with the
Legislature--our honest Republlcan Legislature! They find an
appropriation of two hundred thousand dollars to reclaim the swamp
land--they care not that it is thus appropriated. They find the Swamp
Land Commissioners trying to relieve the people by letting contracts
under the laws, thereby giving employment to thousands of our sufferlng
fellow citizens. They see ths shining double eagles lying in the Treasury,
and cannot resist the temptation to pay themselves ten dollars a day for
doing no good, but harm to the ccuntry. What do they care about the
thousands of suffering people who would work hard for one dollar per
day in making the necessary "levees and drains" required by the donating
Act of Congress? What care they for the tears of ths weeplrg wife and
the famishing cries of children that might be legitimately relieved by
the use of the Swamp Land fund? If they wanted money, they could, like
individuals, have borrowed it--they could have issued their bonds,
payable next Fall out of the first of the "General Fund," and let
the Swamp Land Fund alone. Now they have destroyed confidence. The
faith the people had in their new party is gone--they, on the stump,
loud of reform before the people, and now they turn their backs upon
them and deprive them of money that they have no more right to touch
than they have to take our money out of onr pockets, or sell our wives
and children into slavery, to raise news to pay themselves ten dollars
per day to "revel in the halls" of San Francisco. Would the members of
the Legislature now go home and attempt to justify themselves in this
inexcusable act? No; they never expect to go back with honor to
themselves--their fault is recorded upon the pages of our legislative
records, as a blot, a stain, never to be expunged, and only to be read
by future generations as we now read the records of any other faithful
representatives. LET THERE BE LIGHT. . . .
THE PROPOSED LEVEE LAW.
An Act concerning the Construction and Repair of Levees in the County of Sacramento, and the Mode of raising Revenue therefor.
The peop!e of the State of California, represented in Senate and Assembly, do enact as follows:
Section 1. A Board of City Levee Commissioners, with the powers and duties
hereinafter provided, is hereby created for the city of Sacramento, which
said Board shall, until its members are elected and qualified as hereinafter
provided, consist of Lewis B. Harris, Charles Crocker, Wm. F. Knox,
J. D. Lord, and E. P. Figg; three of whom shall hold office for two, one
for three, and one for four years, from the first Monday of the month next
succeeding the next general election--thelr respective terms of office to
be determined by lot at the first meeting of the Board. At the general
election in 1864, and at the general election annually thereafter, the
qualified electors of the city of Sacramento shall elect one Levee
Commissioner, who shall take his seat in the Board on the first Monday
of the month next succeeding his election, and hold office for three years
and until his successor is elected and qualified. If from any cause a
vacancy shall occur in the Board it shall be filled by the remaining members
of the Board.
Sec. 2. A Board of County Levee Commissioners for Land District No. 2,
with the powers and duties hereinafter provided, is hereby created, which
said Board shall, until its members are elected and qualified as hereinafter
provided, consist of A. Runyon, Josiah Johnson, and Washington Farn,
who shall, at their first meeting, determine by lot which of them
respectively shall hold office for two, three and four years from the
first Monday in October next, and until their respective successors are
elected and qualified; and at the general election in 1864, and at each
general election thereafter, the votes of the county outside of the city,
and within Swamp Land District No. 2, shall elect one Levee Commissioner,
wto shall take his seat in the Board on the first Monday in the month next
succeeding his election, and shall hold office for three years, and until
his successor is elected and qualified. If from any cause a vacancy shall
occur in the Board, it shall be filled by the remaining members of the
Board.
Sec. 3. No person shall act as a Levee Commissioner until he has taken
the constitutional oath of oiffice; nor shall any Commissioner receive
pay for his services; and if any Conmissioner shall in any manner,
either directly or indirectly, be interested in any contract for
constructing or repairing any levee, or for furnlshing any materials
therefor, he shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not exceeding five hundred dollars,
or by imprisonment for no more than six months, or by both such fine
and imprisonment.
Sec. 4. As soon as the Board of Swamp and Overflowed Land Commissioners
have finally adopted a plan for the reclamation of Swamp Land District
No. 2, they shall certify so much of the plan specifications and
estimates as relate to the work adjacent to the American river, and as
relate to the work adjacent to the Sacramento river, and north of the
south line of Y street in the city of Sacramento, to the Board of City
Levee Commissioners; and said Board, as soon as possible after
receiving such plans, specifications and estimates, shall, if they
approve the same, proceed to cause so much of the levee required by
said plans as lies within the city to be constructed on the line and
in exact accordance with the plans and specifications certified to
them; provided, however, that they may cause such levee to be made
broader and higher than the width and hight designated; and provided,
further, that if the Board of City Levee Commissioners do not approve
the plans certified to them, or disapprove of any part, thereof, or of
any part of the specifications and estimates therefor, they shall notify
the State Commissioners of the fact, whereupon a joint meeting of the
two Boards shall be held, and the determination arrived at by such
joint meeting or meetings shall be final of the matters in controversy.
Sec. 5 Before proceeding to construct the levee within the city, the
Commissioners shall divide it into two or more convenient sections, and
shall then advertise for at least ten days in two city papers for bids
for each separate section, or for the whole work; which bids, at the
time and place appointed, shall be opened in public; and, as soon as
convenient after the bids have been opened, the Commissioners shall let
the work either in sections or as a whole, to such bidder or bidders as
they shall deem most advantageous--not being limited to the lowest bldder;
or they may reject all the bids and then either re-advertise, or proceed
to procure materials, employ labor, and construct the work.
Sec. 6. The Board of City Levee Commissioners, their agents and employees,
may enter upon and take possesslon of any land that may be necessary for
the levee within the city, or any land either in the city or in the county
outside the city, that may be neoessary or proper to furnish materials for
its construction, and may have the same condemned for public use in
accordance with section sixteen of the Act of May 18 1861, entitled "An
Act to provide for the reclamation and segregation of Swamp and Overflowed,
and Salt Marsh and Tide Lands, donated to the State of California by Act
of Congress," or under the provisions of any law that has been or may be
passed authorizing the condemnatton of lands for levee purpeses in the
city and county of Sacramento; provided, however, that no award of damages
shall be made for the use, occupation, excavation or embankment of any
street or alley or other city property, or for any damages claimed in
consequence of such use, occupation, excavation or enbankment; nor shall
any damages be awarded to any party when the levee to be constructed will
occupy the line of a levee heretofore constructed; and provided, further,
that in estimating the damages to be awarded in any case, the Ccmmissioners
appointed by the District Court shall take into consideration the benefit,
if any, that will accrue to the claimant by reason of the increased
protection to his other property, if any he has,
Sec. 7. All the levees outside the limits of the city of Sacramento
required for the reclamation and protection of Swamp Land District
No. 2 shall, as soon as possible, be let out, by the Board of Swamp
Land Commisioners for construction, as is now provided by law; provided,
however, that as soon as the work required on the American river, outside
the city limits, is let out, the City Levee Commissioners, or some one
for them, shall pay one-half the estimated cost of the construction of
said levee from Thirty-flrst street up to and including Burns' slough,
into the Swamp and Overflowed Land Fund of District No. 2, provided the
amount required has been received in the City Levee Fund, hereinafter
created, but if not so received, then out of the first moneys that are
received in it.
Sec. 8. As soon as the levees north of a point to be fixed at or near
Sutterville (by the Board of Swamp Land Commisioners, as the dividing
line between those thereafter to be controlled by the City, and those
to be controlled by the County Levee Commissioners), are finished, the
Swamp Land Commlssioners shall deliver them to the City Levee
Commistioners, whereupon the title to said levees and their appurtenances
shall vest absolutely in the city of Sacramento, and thenceforward the
City Levee Commissioners shall have the charge, care and control of all
levees in the csty [sic] of Sacramento, and also of all levees in Swamp
Land District No. 2, north of the point to be fixed as in this section
before mentioned; and said Commissioners may raise, widen and strengthen
them at their pleasure, but shall not alter their line, or in any way
diminish thelr hight, size or strength; and said Commissioners may, with
the consent of the city authorities, cause the levee on the American river
side to be turnpiked and used as a road, and may collect tolls thereon for
the Levee Fund; or they may, with the consent of the city anthorities,
contract with any person or persons for raising, enlarging and
strengthening said levee, such work to be paid for by a lease, with
the right to collect tolls for a period not longer than ten years, and
the rate of tolls be fixed from time to time by the city authorities;
provided, however, that no such lease shall be made unless the franchise
is put up for public competition after at least thirty days notice in two
city papers. And all the levees in Swamp Land District No. 2, south of the
aforesaid point, shall, as soon as they are finished, be delivered to the
County Levee Commissioners for District No. 2, whereupon the title to
said levees and their appurtenances shall vest absolutely in the county
of Sacramento, and thenceforward the County Levee Commissioners for
District No. 2 shall have the charge, care and control of all of said
levees, and may raise, widen and strengthen them at their pleasure,
but shall not alter their lioe [sic], or in any manner diminish their
hight, size or strength.
Sec. 9. Both the City and County Boards of Levee Commisioners herein
created, shall, from personal inspection and examination, annually make
and certify to the proper authorities--city or county as the case may
require--on or before the first Monday in March, an estimate of the
amount of money that will be necessary to put the levees under their
control in perfect repair, and keep them so during the year. And upon
receiving such statemeut, the city authorities shall levy upon all
taxable property within the city and within the lines of said levees,
a tax sufficient to raise the whole amount of money so estimated to be
required, less the sum, if any, then in the City Levee Fund, and not
required for expenditures then already incurred. And upon receivirg such
statement the Board of Supervisors shall levy upon all taxable property,
outside the city, in Swamp Land Distrlct No. 2, a tax sufficient to raise
the whole amount of money so estimated to be required, less the sum,
if any, then in the County Levee Fund, District 2, and not required for
expenditures then already incurred. The taxes levied under this section
shall be collected as other city or county taxes; and the city tax shall
be paid into a special fund entitled "the City Levee Fund," and the
county tax into a special fund entitled "the County Levee
Fund--District 2;" and the money shall only be drawn out of said funds
upon warrants for claims for levee pnrposes allowed by a majority of
the proper Levee Commissiones, and approved by the proper city or county
authorities.
Sec. 10. During the session of the Board of Equalization hereinafter
provided for, the City Levee Commissioners shall file with it a
statement of the whole sum of money necessary to construct the levee
within the city, to pay one-half of the estimated cost of that portion
on the American river east of the city up to and including Burns'
Slough, and to repay the amount expended by the Citizens' Levee
Committee for repairs; and the Board of Equalization shall, after
the whole value of the taxable property within the city and within
the lines of the levees has been ascertained, make an estimate (by
first deducting from such whole amount fifteen per cent, for anticipated
delinquencies, and then by dividing the sum required by the Commissioners
into the remainder) of the rate of taxation upon each one hundred dollars
value of property that will be required to raise the sum needed; and
the rate so found, using, however, a full cent in place of any fraction
of a cent, shall be and it is hereby levied as an ad valorem tax upon
all taxable property within the city of Sacramento, and within the lines
of the levees proposed to be constructed; and a poll tax of six dollars
is hereby levied upon each able-bodied man within the city, and between
the ages of twenty and fifty years, and said poll tax shall be collected
in the same manner as other poll taxes; and all taxes levied by this
section shall be paid into and be drawn out of the City Levee Fund in
the manner prescribed in section nine.
Sec. 11. As soon as possible after the passage of this Act, the Assessor
shall make a copy of ths names of persons and descriptions of real estate
and improvments assessed in the city and within the lines of levee as
aforesaid, in the year 1861; and then using the equalized assessment
roll of 1861 as a basis for making his estimates, he shall proceed and
make an assessment of all taxable property within the city and within
the levee lines as aforesaid, keeping, during the time he is so engaged,
an advertisement in each paper published in the city, stating the fact
that he is making an assessment, and requesting parties interested to
call at his office and deliver him a statement of their properrty; and
as soon as such amusement is comp!eted, the Assessor shall deliver it
to the Auditor, who shall forthwith give notice, by publication in each
paper published in the city, that the special levee assessment roll has
been completed and is in his possession, open fcr examination, and that
the Board of Equalization will, upon a day named in the notice (which
day shall not be less than five nor more than twelve days from the first
publication of the notice); meet to hear and determine complaints in
regard to valuations and assessments therein.
Sec. 12. Upon the day specified in the notice required by section eleven
for its meeting, the Board cf Equalization shall meet, and continue in
session from day to day so long as may be necessary, not exceeding twelve
days, exclusive of Sundays, to hear and determine such objections to the
assessments and valuations as may come before them; and the Board may
change the valuations as may be just, and may cite any person to appear
before them and answer concerning his property, and may assess any person
or property omitted by the Assessor and liable to taxation. The Assessor
shall be present during the sessions of the Board, and shall act as its
clerk, and shall note all alterations in value, changes in the descriptions
or subdivisions of real estate, and in the owners thereof, or changes in
the value of the improvements therein, and additions to the assessment
made by the Board; and within ten days after the close of the session
he shall have the total values, as finally equalized by the Board,
extended into columns and added up, so that the total value of the
taxable property within the city may be known; provided, however, that
neither the Assessor nor Board of Equalization shall assess any titular
interest in any land other than either the whole fee or an ascertained
undivided portion thereof; and upon the tenth day (or sooner, if the
Assessor has the roll completed) from the close of its session aforesaid,
the Board of Equalization shall again meet and determine the rate of
taxation, as provided in section ten, and shall certify the rate to the
Auditor, Tax Collector, Treasurer and District Attorney; and the said
Board, or a majority of its members, and the Assessor shall then certify
to the aasessment roll as finally equalized and determined, and the
Assessor shall deliver it to the Tax Collector, who shall, during the
sixty days next following, collect thereon the amount of taxes levied,
extending the sums received in figures as they are paid; and as soon as
possible, not exceeding ten days, after the expiration of the sixty days,
the Tax Collector shall deliver said roll to the auditor and make a final
settlement with him, and the Tax Collector shall at the same time deliver
to the District Attorney a duplicate of so much of said roll as remains
unpaid, which duplicate shall be known as the "Delinquent List;" and the
District Attorney, upon receiving such delinquent list, shall forthwith
commence actions in the name of "The People of the State of California"
for the amount of tax hereinbefore levied and unpaid; and all the
provisions, excepting such as are hereinafter modified or rendered
nugatory, of the Act of May 17, 1861, entitled "An Act to legalize and
provide for the collection of delinquent taxes in the counties of this
State," are hereby extended to and made applicable to all taxes levied
under this Act, and delinquent; provided, hovever, that when any real
estate is assessed to unknown owners, or, being aseessed to some person,
the true owner is unknown, the District Attorney may employ some competent
person to search the title and ascertain the owner, for which the party
makirg the search may be allowed two dollars and fifty cents in each
suit, to be charged and collected as costs; and provided, further, that
when any real estate is assessed to unknown owners, or, being assessed
to some person, the true owner is unknown, and the District Attorney
uses a fictitious name to represent such true owner or owners, and
joins therewith the names of real parties, it shall not be necessary
to serve summons on any such real parties personally when summons is
served by publication as hereinafter provided; and provided, further,
that in case of estates of deceased persons, it shall not be necessary
to present the claim to the executor or administrator, or Probate Court
or Judge, but by reason of the non-payment of the taxes it shall be taken
and deemed, in both law and equity, that the claims have been presented
and rejected, and that the Probate Court has directed the issue to be
joined in the Court where the suit is brought, which Court is hereby
given jurisdiction for that purpose, and execution is hereby authorized
to issue and be levied upon the interest of the estate in the property
described in the complaint, in the same manner as against other judgment
debtors in civil actions; ard provided, further, that when any real
estate is assessed to unknown owners, or, being assessed to any person,
the true owner it unknown, any number of complaints may be included in
one general summons, giving (in place of the names of the parties and
thing in action in an ordinary summons) the amount claimed, a description
of the property, the fictitious name used to represent the true owner
or owners, and the real party or parties, if any, joined as defendants
to that particular claim--substantially as follows: "To recover $-- from
[John Doe], representing the true owners, and [John Brown, John Smith and
John Jones], supposed to be parties interested, for taxes levied on [the
east half of lot 8 between H and I and Fourth and Fifth streets, in the
city of Sacramento;" [sic, no close "]"] and so on with a similar
condensation for each complaint wished to be embodied in the summons;
and upon publication of such summons as hereinafter provided, service
shall be complete upon all persons and parties whomsoever, whether
named by their real names or preserved by the fictitious name, owning,
claiming, or having any interest in or on any land or improvements
described in such general summons; every such general summons issued
shall be returnable in not less than thirty nor more than forty days
from its issuance, and shall be published one time per week four weeks
in some newspaper published in the city of Sacramento; and provided
further, to obviate an unnecessary multiplicity of action, for the
recovery of delinquent taxes, that when any person or property delinquent
for taxes levied under this Act is also delinquent for any taxes levied
either in 1858, 1859, 1860, 1861, or State Capitol taxes levied under
the Act of April 21, 1861, all the taxes due from any such person or
property may be included in one complaint, and all the provisions of
this section shall apply, and they are hereby made applicable, thereto,
and the proceedings shall be had in the same manner and with the same
force and effect, as though only the taxes levied under this Act were
sued for; and, provided further, that a certificate by the officer
having the custody of any delinquent tax roll, of any entry therein,
shall be prima facia proof in any Court, of the person or property, or
both, assesed, of the delinquency, of the amount due and unpaid, and
that all the forms and requirements of law in relation to the levy and
assessment have been complied with; and provided, further, that no
redemption shall be made from a sale under this Act excepting in accordance
with the provisions of the Act of May 17, 1861, entitled "An Act to
provide revenue for the support of the government of this State," but.
provided, further, that no person shall redeem unless he first pay to
the purchaser the amount, if any, of all taxes and costs thereon, paid,
on the same property, by the purchaser after his purchase, together with
legal interest on the amount; and provided, that any person holding any
certificate of any tax sale for the same property, may at any time redeem
any other outstanding tax certificate the time for the redemption of
which has not expired; and that in case of such redemption any subsequent
redemption shall be required to redeem as well the original purchase,
as all redemptions subsequently made, provided, however, that in redeeming
redemptions he shall only be required to pay legal interest on the amount
of redemption paid.
Sec. 13 The directions in this Act given in regard to the manner of
assessing, equaling and levying the taxes, shall be deemed directory
only; and the assessments, valuations, assesment roll, and delinquent
list, in this Act provided for, are hereby made valid and binding, both
law and equity against the persons and property assessed; and the taxes
levied shall become a lien upon the property assessed, upon the
determination of the rate of taxation as herein provided, which lien
shall not be in any manner whatever discharged until said taxes and
costs, if any accrue, are paid; and all officers who are required to
render any service in assessing or collecting any taxes levied under
this Act shall have and receive for thelr own use such fees and
compensation as are now allowed by law for similar services.
Sec 14. Upon the presentation to him of any certificate signed by
J H. Warwick, Charles Crocker and Alexander Boyd, or any two of them,
of the amount of money advanced by the holder or his assignor to the
Citizens' Committee for levee purposes, the Auditor shall draw his
warrant therefor on the City Levee Fund; provided, that when any
certificate presented exceeds one hundred dollars the Auditor shall
draw his warrant therefor in such sums not less than fifty dollars
each, as the holder may demand, and such warrants shall be receivable
for any taxes levied under this Act.
Sec. 15 As soon as the City Levee Commissioners shall certify to the
Treasurer that all the cost of constructing the levee within the city,
and one-half the estimated coat of constructing the portions on the
American, east of the city, up to and including Burns' slough, has
been paid, the Treasurer shall proceed to pay out of the City Levee
Fund, and in the order in which they were drawn, the warrants issued
under the provisions of section fourteen.
Sec. 16. If any money shall remain in the City Levee Fund after paying
the warrants as provided in section fifteen, or shall thereafter come
into said fund from any of the taxes levied by section ten, the City
Levee Commissioners may use it in constructing inner or cross levees,
or they may use it in macadamizing or otherwise improving one or more
outlets of travel to and from the city; and if no such money comes
into the City Levee Fund, or it is insufficient, and the Commissioners
deem any inner or cross levee necessary, they may cause the same to be
built, and the money therefor shall be levied and collected upon their
estimate in accordance with the provisions of section nine; provided,
that the tax necessary to pay for such inside or cross levee shall only
be levied upon the real estate and improvements inclosed thereby.
Sec. 17. In case the Swamp and Overflowed Land Commissioners shall,
from a legislative diversion of the Swamp Land Fund and consequent want
of money, be unable to let out the constructing the levees for Swamp
Land District No. 2, so as to be completed on or before the first day
of October, 1862, the City Levee Commissioners may construct so much
of such levees as they may deem necessary for the protection of the
city; and the cost of such construction (excepting the one-half
hereinbefore provided for, from Thirty-first street to Burns slough),
shall be paid into the City Levee Fund out of the first moneys that
come into the State Treasury applicable, to Swamp Land District No. 2;
or said City Levee Commissioners may advance the amount of money
required for such construction, and the money so advanced shall be
returned into the Levee Fund out of the first moneys that come into
the State Treasury applicable to Swamp Land District No. 2
Sec. 18. If any person stall cut, or dig away, or in any manner lessen
the width, or diminish the hight or strength of any levees within the
county of Sacramento, he shall be guilty of a misdemeanor, and, upon
conviction thereof; shall be punished by a fine of not less than
twenty-five nor more than five hundred dollars, or by imprisonment
for not less than ten days nor more than six months, or by both such
fine and imprisonment
Sec. 19. This Act shall go into effect on and after its passage, and
all Acts and parts of Acts inconsistent or conflicting with this Act,
are hereby repealed, so far as to exempt the county of Sacramento from
their operation.
p. 8
SUBSTANTIAL RELIEF.--A woman with five children came down from
Stockton on Wednesday and applied to the Samaritan Society for
relief. It seems from her story that they resided on the Stanislaus
river, about eight miles from Knight's Ferry; that during the late
freshet her husband, having placed their clothing, etc. on the fence
surrounding their residence, took them in a boat to a point of safety,
and on returning found the house, fence, clothing--everything gone--swept
away in the flood. They desired to procure lumber to erect them a
shelter. On the authority of a note addressed by members of the Executive
Committee of the Society, lumber dealers on California ard Steuart
Street, yesterday, in less than two hours, had contributed between
3,000 and 4,000 feet of suitable lumber for the object in question.
We regret that we are not advised of the names of the generous
contributors.-- San Francisco Herald, Feb. 21st.. . . .
THE BEEF AND SHEEP TRADE.
The following, from the Bulletin, contains some statistics in the
above connection, and also some remarks on the estimated losses of cattle
and sheep by the late floods:
We notice at Steamboat Point, foot of Third street, an extensive melting
and packing establishment, called the "New York Steam Tallow Works," of
which Cornwell & Co. are the proprietors. These gentlemen are understood
to be associated with one of the largest soap and tallow manufactories
in New York city. They commenced their operations down the coast a year
ago or more, but on trial were satisfied that the business could be carried
on more advantageously in this city, and accordingly removed to the above
locality in October last, since which time they have rendered upwards
of 175,000 pounds of tallow, all of which has been packed in large casks,
holding 1,000 to 1,200 pounds, and shipped direct to Nev York and Liverpool,
on owners' account. In future, it is proposed to ship the greater part to
Liverpool. These parties buy droves of cattle and sheep upon contract,
sending to the retail markets all the choice pieces of beef, and then
rendering the balance of the carcass and the entire sheep into tallow
by means of steam. They inform us that just prior to the late flood they
ware offered a contract of six thousand head of beef cattle (from three
to ten years old) at six dollars per head, delivered in this city, beginning
1st of April next, and so on, as fast as required. Or, rather, they were
to have all the fat cattle out of a drove of eighteen thousand, at the
price named. This contract they would have accepted and closed, but
before signing, and while waiting for one of the principals to arrive
in the city, the rain came on and the contract was suspended. These
cattle are now in the southern part of the State, or in the vicinity
of Monterey and San Luis Obispo. At the same time they were offered by
other parties one thousand head of fat cattle, all four years old, at
four dollars per head. These cattle are twenty miles below the last named
place. During the past week owners of the cattle in question have been
in town, endeavoring to perfect their contracts, which it is more than
probable will yet be done, at about the same figures.
Yesterday a drove of 6,000 sheep was offered to this company at
$1.12-1/2 per head, to be delivered as wanted--500 to 1,000 per week.
These were quarter bred and Mexican. A week ago a drove of 12,000 sheep,
ha!f bred and some American, were offered to them at $1 per head, which
were to be delivered across the bay, where the [sic] are now grazing.
Our informant gives it to us as his impression that the loss of beef
cattle and sheep by the late floods is largely over estimated. He
says, however, that in Santa Cruz county a single party (resident
in this city) has lost this Winter one-half of his flock of 12,000
sheep for want of proper care and attention--starved to death; the
sheep were allowed to run wild without shepherds to care for them.
The entire drove of sheep, more or less surviving, are offered for
sale, as a lot, "at the buyer's owrn price "--say 75 cents a head,
or $3,000 as a round sum for tbe drove, to be delivered at the ranch.
These sheep have died wholly from disease growing out of neglect, not
by floods.
It is the impression of our informant that no sheep or cattle have been
lost by drowning below San Juan, Monterey county, and that in his opinion
50,000 sheep is a large estimate for the total loss throughout the State.
As for lambs, the loss in this State, is always large from exposure, and
the per centage this year over previous seasons does not, he thinks,
exceed 7-1/2 to 10 per cent.
The best sheep growers in Morterey county, and below, say that the
increase is usually 80 per cent, though, in the northern counties of
the State the increase is diminished by cold, etc. Col. Hollister,
one of the largest sheep growers in the State, as we are informed,
says he raises in Monterey county, year by year, from 75 to 80 per
cent. increase, and that this year promises no exception to the rules.
Further, all large cattle dealers with whom our informant has conversed
say that feed was better this Winter before the flood than usual,
and consequently the herds were in a better condition to withstand the
subsequent cold and rains, and that their losses by the flood are not
very much in excess of their usual average in past years. In the San
Jorquin valley the whole loss is said to be not over 7 to 10 per cent,
of the whole, while in the Mount Diablo districts from 8 to 12 per cent,
is an outside estimate.
Since writing the foregoing we have had an interview with one of the
largest sheep owners in the State, residing in San Juan, Monterey county.
He says that his loss of lambs, from a flock of ten thousand sheep, by
exposure, will not exceed three hundred, and no sheep. From another flock
of eight thousand, belonging to the same party, the lambs were not dropped
until after the flood, and he does not know of any loss in that flock
this Winter. A neighbor of his, to whom we have before made reference
in this article, states his loss of limbs by exposure from four to
five hundred out of a flock of eight thousand sheep. Another says thet
his loss of lambs is only one out of twenty. Another says he has had not
over five per cent. loss. Another, in Sasta Barbara county, lost eight
hundred lambs out of three thousand.
These reports are all from the southern counties, where the lambs this
season were dropped earlier than usual. Our information shows that the
great reported loss of sheep and lambs in the State is from Mexican
flocks; it being far greater in them than in the case of American flocks. . . .
[flooding matters go on for months, plus follow-up articles for years to come]
--Mike Barkley, 167 N. Sheridan Ave., Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com
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