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San Francisco county-Thomas Gray, Caleb Burbank, Jas. A. Banks and W. W. Shepard.

San Mateo county-S. B. Gordon.
San Joaquin county-A. G. Stakes and G. C. Holman.
San Luis Obispo county-Henry M. Osgood.
Santa Barbara county-Russel Heath.
Santa Clara county–w. W. McCoy and Solon S. Simons.
Santa Cruz county-J. C. Willson.
Shasta county-Chas. R. Street.
Sierra county–J. A. Clark and R. D. Hill.
Siskiyou county-A. B. Walker.
Sonoma and Mendocino counties-Uriah Edwards and J. S. Ormsby.
Solano county_N. H. Davis.
Sutter county-Jas. 0. Harris.
Trinity county-E. Neblett.
Tulare, Fresno and Buena Vista counties—A. H. Mitchell.

Tuolumne county-A. A. H. Tuttle, P. M. Haldeman, Wm. J. Markley and Thomas T. Hamlin.

Yuba county-Francis L. Aud, B. R. Spilman, Ben. E. S. Ely, C. E. De Long and N. E. Whitesides.

When the county of Sutter was called, Mr. Ferguson presented a protest on behalf of Z. Montgomery against the qualification of Mr. James 0. Harris, who presented the certificate of election.

On motion, the protest was laid on the table, to be referred, with the other papers in the case, after the appointment of the appropriate committee.

On motion of Mr. King of Amador, G. W. Montgomery was appointed doorkeeper pro tem.

The House then, on motion of Mr. Lewis, adjourned until 10 o'clock, A. M., to-morrow.

IN ASSEMBLY.

TUESDAY, January 5th, 1858. House met pursuant to adjournment. The speaker pro tem. in the chair. A quorum being present, the journal of yesterday was read and approved.

The following gentlemen presented their credentials, and were duly qualified as members of the Assembly, viz:

Messrs. Cyrus Palmer and John W. Cherry, of San Francisco county, and Geo. W. Thomas, of Stanislaus county:

The House then proceeded to elect a speaker.
Mr. Lewis nominated N. E. Whitesides, of Yuba.
Mr. Burbank put in nomination W. W. Shepard, of San Francisco.
The vote for speaker was then taken with the following result :

FOR N. E. WHITESIDES-Messrs. Anderson, Aud, Ballou, Briggs, Buel, Caldwell, Clark, Crane, Curtis, Davis, De Long, Edwards, Ely, Ferguson, Galbraith, Gordon, Graham, Groom, Haldeman, Hamlin, Hancock, Harris, Havens, Heath, Hill of Nevada, Hill of Sierra, Hitchens, Holman, Howell, Kabler, King, Lee, Lewis, Loof bourrow, Markley, Marshall, McCoy, Mitchell, Moses, Neblett, O'Brien, Ormsby, Osgood, Parker, Pico, Safford, Sheridan, Sherwin, Simons, Smith of Nevada, Smith of San Bernardino, Spilman, Stocker, Stout, Stratton, Street, Tatman, Thomas, Tipton, Tuttle, Walker, Ward, Warfield, Warmcastle, Willson and Young-66.

FOR W. W. SHEPARD—Messrs. Banks, Burbank, Cherry, Gray, Hobart and Palmer-6.

Mr. Whitesides, having received a majority of the votes, on motion of Mr. Safford, a committee, consisting of Messrs. Safford and Lewis, was appointed to inform Mr. Whitesides of his election as speaker.

After a short interval the committee returned, and having conducted Mr. Whitesides to the chair, the oath of office was administered by the Hon. Judge Barbour of Yuba, and the speaker addressed the Assembly as follows: GENTLEMEN OF THE ASSEMBLY :

-Having just been officially advised by your committee of the result of your choice in the election of speaker, I most respectfully beg leave, before entering upon the discharge of the duties that must necessarily devolve upon me on taking the position you have assigned me in the permanent organization of this Assembly, to return to you my most sincere and devout acknowledgments for the unanimity of sentiment with which you have been pleased to confer upon me this distinguished honor.

One desire alone remains to heighten in future the recollection of the present moment, and that desire is, that I may be enabled to discharge the duties devolving upon me as presiding officer of this Assembly in such a manner as to merit through our more intimate acquaintance and down to the close of our labors here, a continuance and an increase of that confidence which you, as strangers, have, in the beginning, so generously reposed in me.

For the guidance, direction, and government of our deliberative action, there are certain well-settled, time-honored rules and usages, from which, under no circumstances, would it be wise or prudent to depart. These rules should be strictly adhered to, no less from a desire to promote the business of legislation than to protect minorities of the House in the enjoyment of their rights, to prevent them from being trampled upon by the too hasty and inconsiderate action of the majorities, which not unfrequently springs from party prejudices, exciting topics, or animated debates. It will not only be my pleasure, therefore, but my determination to square my conduct as your presiding officer according to my understanding of these rules; to show partiality or favor to none, but to mete out evenhanded justice to all, to the best of my feeble judgment and ability.

In our assembled capacity, great responsibilities await us; to be satisfied of this, I need only admonish you of the fact that you are legislators of the state of California, a state which, having just emerged from the incipient stages of governmental organization and before reaching the years of her puberty, has been constrained by a system of improvident and speculative legislation, to peril her political integrity before the people over the humiliating question of repudiation.

May I not, therefore, indulge the hope that we have here assembled as brothers, commissioned by the people for the accomplishment of a single purpose, and that purpose the dispatch of whatever business shall claim our consideration without delay, and with an eye single to the public weal. Should such a spirit as this, and I trust it

may,

characterize our deliberations, the time of our session will be shortened to a span, the burthen of taxation made lighter on the people, the name and nature of California legislation be redeemed, and at the close of our labors, we shall be enabled to depart this capital in peace, loving and respecting each other, and on returning to our respective homes, shall no less merit the respect and esteem of our fellow-citizens. in conclusion, once more allow me to renew the assurance of my

devout thanks for the distinction you have honored me with, and believe me, that the feelings of my heart in this, far outweigh the expression that falls from my

And now,

The House then proceeded to the election of chief clerk.
Mr. Safford nominated J. W. Scobey of Placer.
Mr. Hobart nominated Frank F. Fargo of San Francisco.
The nominations having closed, the Assembly voted, with the following result

:

For SCOBEY-Messrs. Anderson, Aud, Ballou, Briggs, Buel, Caldwell, Clark, Crane, Curtis, Davis, DeLong, Edwards, Ely, Ferguson, Galbraith, Gordon, Graham, Groom, Haldeman, Hamlin, Hancock, Harris, Havens, Heath, Hill of Nevada, Hill of Sierra, Hitchens, Holman, Howell, Kabler, King, Lee, Lewis, Loof bourrow, Markley, Marshall, McCoy, Minis, Mitchell, Moses, Neblett, O'Brien, Ormsby, Osgood, Parker, Pico, Safford, Sheridan, Sherwin, Simons, Smith of Nevada, Smith of San Bernardino, Spilman, Stocker, Stout, Stratton, Street, Tatman, Thomas, Tipton, Tuttle, Walker, Ward, Warfield, Warmcastle, Willson, Young and Mr. Speaker-68.

For Fargo-Messrs. Banks, Burbank, Cherry, Gray, Hobart, Palmer and Shepard—7.

Mr. Scobey was declared elected and was duly qualified.
For assistant clerk, Mr. Parker nominated J. W. Bingay of Calaveras.
Mr. Gray nominated R. L. Robertson of San Francisco.
The vote was taken with the following result :

FOR BINGAY-Messrs. Anderson, Aud, Ballou, Buel, Caldwell, Clark, Crane, Curtis, Davis, DeLong, Edwards, Ely, Ferguson, Galbraith, Gordon, Graham, Groom, Haldeman, Hamlin, Hancock, Harris, Havens, Heath, Hill of Nevada, Hill of Sierra, Hitchens, Holman, Howell, Kabler, King, Lee, Lewis, Loof bourrow, Markley, Marshall, McCoy, Minis, Mitchell, Moses, Neblett, O'Brien, Ormsby, Osgood, Parker, Pearis, Pico, Safford, Sheridan, Sherwin, Simons, Smith of Nevada, Smith of San Bernardino, Spilman, Stocker, Stout, Stratton, Street, Tatman, Thomas, Tipton, Tuttle, Walker, Ward, Warfield, Warmcastle, Willson, Young and Mr. Speaker-68.

For ROBERTSON-Messrs. Banks, Burbank, Cherry, Gray, Hobart and Shepard—6.

The speaker declared Mr. Bingay elected, and administered to him the oath of office.

Mr. Lewis nominated for the position of sergeant-at-arms, James F. Quin, of San Francisco. Mr.

nominated Wm. Campbell. The result of the vote was as follows:

For Quin-Messrs. Anderson, Aud, Ballou, Briggs, Buel, Caldwell, Clark. Crane, Curtis, Davis, DeLong, Edwards, Ely, Ferguson, Galbraith, Gordon, Graham, Groom, Haldeman, Hamlin, Hancock, Harris, Havens, Heath, Hill of Nevada, Hill of Sierra, Hitchens, Holman, Howell, Kabler, King, Lee, Lewis, Loof bourrow, Markley, Marshall, McCoy, Minis, Mitchell, Moses, Neblett, O'Brien, Ormsby, Osgood, Parker, Pearis, Pico, Safford, Sheridan, Sherwin, Simons, Smith of Nevada, Smith of San Bernardino, Spilman, Stocker, Stout, Stratton, Street, Tatman, Thomas, Tipton, Tuttle, Walker, Ward, Warfield, Warmcastle, Willson, Young and Mr. Speaker—69.

For CAMPBELL-Messrs. Banks, Burbank, Cherry, Gray, Hobart, Palmer and Shepard—7.

Mr. Quin was declared elected, and was duly qualified.
The following message was received from the Senate :

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SENATE CHAMBER,

January 5th, 1858 MR. SPEAKER :-I am directed to inform the Assembly the Senate are now fully organized and ready to proceed to business.

GEORGE S. EVANS,

Secretary of Senate.

The House then proceeded to the election of an enrolling clerk.
Mr. Buel nominated T. J. Mitchell of Sacramento.
Mr. Shepard nominated John Ollinger.

The result was announced, and Mr. Mitchell's election declared by the following vote :

For MITCHELL–Messrs. Anderson, Aud, Ballou, Briggs, Buel, Caldwell, Clark, Crane, Curtis, Davis, DeLong, Edwards, Ely, Ferguson, Galbraith, Gordon, Graham, Groom, Haldeman, Hamlin, Hancock, Ilarris, Havens, Heath, Hill of Nevada, Hill of Sierra, Hitchens, Holman, Howell, Kabler, King, Lee, Lewis, Loof bourrow, Markley, Marshall, McCoy, Minis, Mitchell, Moore, Moses, Neblett, O'Brien, Ormsby, Osgood, Parker, Pearis, Pico, Safford, Sheridan, Sherwin, Simons, Smith of Nevada, Smith of San Bernardino, Spilman, Stakes, Stocker, Stout, Stratton, Street, Tatman, Thomas, Tipton, Tuttle, Walker, Ward, Warfield, Warmcastle, Willson, Young and Mr. Speaker-71.

For OLLINGER—Messrs. Banks, Burbank, Cherry, Gray, Hobart, Palmer and Shepard—7.

After the oath had been administered to Mr. Mitchell, the Assembly procceded to elect an engrossing clerk.

Mr. Buel nominated W. McConnell, of Sacramento.
Mr. Cherry nominated A. A. Hill, of San Francisco.

The nominations here closed, and the vote was taken, with the following result :

For McCONNELL-Messrs. Anderson, Aud, Ballou, Buel, Caldwell, Clark, Crane, Curtis, Davis, DeLong, Edwards, Ely, Ferguson, Galbraith, Gordon, Graham, Groom, Haldeman, Ilamlin, Hancock, Harris, Havens, Heath, Hill of Nevada, Hill of Sierra, Hitchens, Holman, Howell, Kabler, King, Lee, Lewis, Loofbourrow, Markley, Marshall, McCoy, Minis, Mitchell, Moses, Neblett, O'Brien, Ormsby, Osgood, Parker, Pearis, Pico, Safford, Sheridan, Sherwin, Simons, Smith of San Bernardino, Spilman, Stakes, Stocker, Stout, Stratton, Street, Tatman, Thomas, Tipton, Tuttle, Walker, Ward, Warfield, Warmcastle, Willson, Young, Mr. Speaker-68.

For Hill-Messrs. Banks, Burbank, Cherry, Gray, Hobart, Palmer, Shepard -7.

Mr. McConnell having received a majority of the votes cast, was declared eleeted, and was duly qualified.

For door-keeper, Mr. Young nominated A. F. Wagner, of Nevada.
Mr. Banks nominated John Cook, of Santa Clara.

Mr. Wagner was elected by the following vote, took the oath of office, and entered on the discharge of his duties as door-keeper:

For WAGNER—Messrs. Anderson, Aud, Ballou, Briggs, Buel, Caldwell, Clark, Crane, Curtis, Davis, DeLong, Edwards, Ely, Ferguson, Galbraith, Gordon, Graham, Groom, Haldeman, Hamlin, Hancock, Harris, Havens, Heath, Hill of Nevada, Hill of Sierra, Hitchens, Holman, Howell, Kabler, King, Lee, Lewis, Loofbourrow, Markley, Marshall, McCoy, Minis, Mitchell, Moses, Neblett, O'Brien, Ormsby, Osgood, Parker, Pearis, Pico, Safford, Sheridan, Sherwin, Simons, Smith of Nevada, Smith of San Bernardino, Spilman, Stakes, Stocker, Stout, Stratton, Street, Tatman, Thomas, Tipton, Tuttle, Walker, Ward, Warfield, Warmcastle, Willson, Young, Mr. Speaker-70.

For Cook-Messrs. Banks, Burbank, Cherry, Gray, Hobart, Palmer, Shepard -7.

Mr. Ballou offered the following resolution, which was adopted :

Resolved, That the clerk be directed to inform the Senate that the Assembly has organized, by the election of the following officers :

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And that the Assembly is now ready to proceed with the business of the session.

The following resolution, offered by Mr. Safford, was adopted :

Resolved, That the standing rules adopted at the last session be, and they are hereby, declared the rules by which the present House will be governed, until otherwise ordered; and that a select committee of five be appointed, by the chair, to draft and report a code of rules for the government of the House, and that such committee act with the committee of the Senate

upon the joint rules.

In conformity with the above resolution, the Chair appointed, to compose the committee

Messrs. Safford, Anderson, Lee, Havens and Stakes.
Mr. Crane offered the following resolution, which was adopted :

Resolved, By the Assembly (the Senate concurring,) that a committee of three from each house be appointed, to wait upon the Governor and inform him of the organization of the two Houses, and that they are ready to receive any communieations he may be pleased to make.

Messrs. Crane, Briggs and Curtis were appointed said committee, on the part of the House.

Mr. O'Brien offered the following resolution :

Resolved, That the speaker be, and he is hereby, authorized to appoint the necessary number of pages and porters for the Assembly.

Mr. Smith of Nevada moved to strike out “necessary number of," and insert “three pages and two porters.”

Lost.
Mr. Ballou moved to add to resolution, and to dismiss them at pleasure."
Agreed to.
The resolution was then adopted.
The following resolution, offered by Mr. Ferguson, was lost :

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