at once, in the field, should the exigency demand it. The march and the camp duty would transform raw recruits into a disciplined corps.

I make these remarks with great diffidence, because I know but little of military affairs, and have no personal knowledge of the different overland routes which pass through the Indian settlements.

But after all, the federal government will never be able to give Americans residing on the Pacific coast, that protection to which they are justly entitled, until a railroad connection is given to us with our brethren on the other side of the continent; and I am glad to see that our excellent President, whose ability and patriotism are acknowledged by the whole country, has recommended this subject to the especial consideration of Congress. A war with any respectable maritime power would cut us off effectually from our sister states, and leave our trade, our commerce, our material wealth, if not our lives, at the mercy of the public enemy. The surveys which have been made during the past four years, have fully demonstrated its practicability; and its necessity for military and political purposes is no longer questioned.

It is quite probable that the events of the present year will show that economy would have been consulted by commencing a pioneer, or preliminary railroad, for the transportation of troops, munitions of war, etc., through our own territories long since. This would be followed, as soon as the commerce of the country demanded it, by a first-class railroad, over which the traffic between Europe and Asia and America could pass, and thus give California the place to which her natural position entitles her.

Civilization, the arts, and sciences, have for ages been making their way from the East to the West. In the meanwhile, the East has sunk into semi-barbarism, and, in the providence of God, the West is destined to send civilization and Christianity, with all their countless blessings, back to the East. California, situated on the extreme verge of the western hemisphere, through her trade and her commercial enterprise, will contribute largely towards re-establishing in the East that religion which was originally taught in Jerusalem, but which has, for centuries past, found its chief power and most salutary influence in this hemisphere. What a glorious destiny awaits us if we are only true to ourselves, and properly use the means at our command.

Although geographically separated from our sister states by uninhabited mountains and boisterous seas, we feel none the less interest in maintaining that Union which has made the name of an American honored and respected in every portion of the civilized world, and secured to us at home a degree of freedom and prosperity unparalleled in the history of man. Under that constitution which spoke the federal government into existence, we have built up a mighty empire which now attracts the wonder and admiration of the world. It is the bounden duty of every American to brighten, and strengthen, and extend that Union, and transmit it unimpaired to posterity. Different laws and different customs prevail in the respective states, and the only way to secure the peace and tranquillity of the republic, is for each to abstain from intermeddling with the affairs of its neighbor. That fraternal feeling which ought to exist among members of the same family requires more than this. We should avoid, as far as possible, the discussion and agitation of questions calculated to impair the constitutional rights of others. An honest man will not agitate a question, when the effect of that agitation is to infringe upon the rights and lessen the value of his neighbor's property, but leave him to the free and undisturbed enjoyment of it. The people of California, with great unanimity, decided that slavery should not exist in this state. No one denies our right so to decide, nor do any of our sister states attempt to interfere with this question. Other communities, in the exercise of their sovereignty, have seen proper to tolerate slavery. They have a right to enjoy their institutions without being disturbed by us. It is true, the freedom of speech and of the press are

guarantied by the constitution to the people, but is there not a moral as well as a political obligation resting upon us to exercise these privileges in such a manner as not to invade or trespass upon the rights of other states? The agitation of the slavery question in the Northern states, while it has in no degree benefited the African race, has engendered a feeling which is now threatening the permanency of the government. These states can never be kept together by force. The tie of affection can alone hold us. Destroy this, and it requires no prophet to foresee that disunion is inevitable. We must live together AS FRIENDS AND AS EQUALS IN ALL RESPECTS, or we cannot live together at all. We cannot live as friends unless we cease slandering and abusing each other. We cannot be equals unless territory acquired by our common blood and common treasure is left free to emigrants from the respective states, with their different species of property. When a state government is organized, then slavery may be sanctioned or prohibited, as the people may direct. If they have not intelligence enough to decide this question without the interference of Congress or any other power, republican institutions can no longer be sustained by Americans.

May He who controls the destinies of nations preserve and protect our national ship from the impending storm which threatens its destruction.

SENATORS AND GENTLEMEN OF THE ASSEMBLY:-Having, in accordance with the established usage, expressed my opinions briefly upon several questions of public interest, let us now proceed to the discharge of our respective duties, and with a fixed determination to consume no more time than is indispensable to the transaction of the public business.

The constitution confers upon the Executive the veto power. I shall regret very much to differ with the Legislature in any case; but if an act should unfortunately be passed which I may regard in conflict with the constitution, or in derogation of the rights and interests of our common constituency, I could not hesitate to exercise this power. The practice of leaving the most important bills to the last days of the session is, in my opinion, a very bad one, and should be abandoned.

Ample time should be given to the Executive to examine every bill passed by the Legislature, for it cannot be expected that I will attach my signature to any until I understand its contents.

In conclusion, gentlemen, let me say, I will cordially co-operate with you in all measures calculated to advance the interests of the state and promote the prosperity of the people.

IN ASSEMBLY

JOHN B. WELLER.

Having re-assembled, on motion of Mr. Safford, at half past two o'clock, P. M., the House adjourned.

IN ASSEMBLY.

SATURDAY, January 9, 1858.

House met at 11 o'clock, A. M., the speaker in the chair.

Roll called.

The journal of yesterday was read and approved.

Leave of absence was granted Mr. Stocker till Tuesday, Mr. Warmcastle for

one week, and Mr. Thomas till Thursday next.

Notices of bills to be introduced were given as follows-by:

Mr. Heath, of a bill for an act amendatory of an act to amend an act to establish an asylum for the insane of the State of California, approved May 17, 1853, passed May 1, 1854.

Mr. Lewis, of a bill for an act to amend an act concerning the office of public administrator.

Mr. Street, of a bill for an act to separate the offices of county recorder, county auditor, clerk of the board of supervisors and of the board of equalization from the office of county clerk in the county of Shasta.

Mr. Warmcastle had leave to introduce a bill for an act to regulate the fees of certain county officers of Contra Costa county.

Read first and second time, and laid over under the rules.

Mr. Ballou introduced a bill for an act to repeal an act entitled an act concerning the county judge of Plumas county.

Read first time, and laid over under the rules.

The report of the Joint Special Committee on printing the Governor's message was taken up.

Mr. De Long moved to strike out "five thousand" and insert "two thousand." Carried.

On motion of Mr. Safford, the House went into Committee of the Whole, Mr. Ferguson in the chair, to consider the report.

Committee rose, recommended the adoption of the report and were discharged. The report was then adopted.

On motion of Mr. Buel, the committee appointed to wait upon the Governor and Lieutenant Governor and make arrangements for the inauguration, were discharged.

Mr. Lewis offered the following resolution, which, on motion of Mr. Buel, was laid on the table:

Resolved, That the sergeant-at-arms be authorized to appoint two additional porters, if necessary.

Mr. De Long offered the following resolution, which was tabled, on motion of Mr. Hill of Nevada:

Resolved, That this House now go into an election of speaker pro tem.

On motion of Mr. Hill of Nevada, at quarter past twelve o'clock the House adjourned till Monday morning next.

IN ASSEMBLY.

House met pursuant to adjournment.

MONDAY, January 11, 1858.

The speaker in the chair.

Roll called.

All present but those absent on leave.

Journal of Saturday was read and approved.

Leave of absence was granted Mr. Lee for one day.

The Chair announced the following standing committees:

JUDICIARY.

Messrs. Stakes, Lee, Havens, Aud, Clark, Briggs, Parker, Shepard, Warmcas

tle, Heath, and Davis.

ELECTIONS.

Messrs. Parker, Edwards, Clark, Lewis, Mitchell, De Long and McCoy.

MILEAGE.

Messrs. O'Brien, Galbraith, Palmer, Hitchens, and Minis.

ENGROSSMENT.

Messrs. Moses, Neblett, Hirst, Osgood, and Cherry.

ENROLLMENT. `

Messrs. Young, Pearis, and Moore.

Mr. Shepard presented a petition, signed by numerous citizens of San Francisco, praying for the passage of a "Sunday law."

Mr. Tuttle presented similar petitions from Sonora, Tuolumne county.

Mr. McCoy presented a similar petition from Gilroy, in Santa Clara county. The several petitions were tabled, until the appointment of appropriate standing committees.

Mr. Lewis presented a petition from Thomas J. Henley, Superintendent of Indian Affairs in California, praying the appointment of a joint committee to examine into and report upon the management and condition of the Indians at the different reservations in this state.

The petition was tabled, for same reason as above.

Assembly bill No. 2, an act to repeal an act concerning the county judge of Plumas county, was read a second time, and referred to the Judiciary Committee. Notices of bills to be introduced were given, as follows:

By Mr. Anderson, of a bill for an act for the construction of a wharf at Suscol ferry, east side of Napa river;

By Mr. Willson, of a bill for an act to amend an act entitled an act to re-organize the county of San Mateo, passed April 18th, 1857;

By Mr. Gordon, of a bill for an act to locate the county seat of San Mateo county;

By Mr. Heath, of a bill for an act for the relief of the county of Santa Barbara;

By Mr. Havens, of a bill for an act for the incorporation of the town of Union, in Humboldt county;

By Mr. Hitchens, of a bill for an act providing for the payment of witness fees in criminal cases;

By Mr. Stakes, of a bill for an act entitled an act to provide for the graduation and sale of the sixteenth and thirty-sixth sections of land donated to this state, and for the selection of other lands in lieu of said sections, where the same have been pre-empted, in accordance with existing laws;

Also, of a bill for an act to provide for the selection of the lands donated to this state for the use of a seminary of learning.

Also, of a bill for an act to provide for the selection of the lands donated to this state for the purpose of erecting public buildings.

Mr. Ballou gave notice that at an early day he would introduce a memorial and joint resolution praying Congress for the relinquishment of the title to lands in certain certain counties in this state, and the donation of the same to the counties in which such lands are located.

The following communication was received from the late State Treasurer, James L. English:

SACRAMENTO, January 11th, 1858.

To the Honorable the Assembly of the State of California :

I have the honor to transmit you, herewith, a statement of the manner in which the contingent fund of the State Treasurer was expended by me during my continuance in office.

Your obedient servant,

JAMES L. ENGLISH.

The statement was, on motion, laid on the table.

Mr. Ely offered joint resolutions in relation to a Pacific railroad, which were read a first and second times, the rules suspended, considered engrossed, read third time, and passed.

The ayes and noes being demanded by Messrs. Crane, Hamlin and Sherwin,

were taken as follows:

AYES-Messrs. Anderson, Aud, Ballou, Banks, Briggs, Buel, Burbank, Caldwell, Cherry, Clark, Crane, Curtis, Davis, De Long, Edwards, Ely, Ferguson, Galbraith, Gordon, Gray, Graham, Groom, Haldeman, Hamlin, Harris, Havens, Heath, Hill of Nevada, Hill of Sierra, Hitchens, Holladay, Holman, Hirst, Kabler, King, Lewis, Loofbourrow, Markley, Marshall, McCoy, Minis, Mitchell, Moore, Moses, Neblett, O'Brien, Ormsby, Osgood, Palmer, Parker, Pearis, Pico, Safford, Shepard, Sheridan, Sherwin, Simons, Smith of Nevada, Smith of San Bernardino, Spilman, Stakes, Stout, Street, Tatman, Thomas, Tipton, Tuttle, Walker, Ward, Warfield, Willson, Young and Mr. Speaker-73. NOES-None.

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

Resolved, That the sergeant-at-arms be and he is hereby instructed to place a tin boiler on the top of each stove in the Assembly room and keep them filled with water.

Mr. Hitchens offered the following resolution:

Resolved, That the speaker be authorized to appoint a paper folder for this House, to act as such during the session.

Mr. Graham moved an amendment, making one of the pages already appointed paper folder.

Lost.

Mr. Holladay moved to lay the resolution on the table.

Lost.

Mr. Young offered a substitute, making all the pages paper folders.

Mr. Ely moved the previous question, which was sustained.

The substitute was lost.

The original resolution was then adopted, Messrs. Safford, Sheridan and Stratton demanding the ayes and noes, by the following vote:

AYES-Messrs. Anderson, Aud, Briggs, Clark, Crane, Davis, De Long, Edwards, Ely, Gordon, Gray, Groom, Haldeman, Hancock, Harris, Havens, Heath, Hill of Nevada, Hitchens, Kabler, King, Lewis, Marshall, Minis, Mitchell, Moses, O'Brien, Palmer, Pearis, Safford, Shepard, Simons, Smith of Nevada, Smith of San Bernardino, Spilman, Tatman, Tipton, Ward, Willson, Mr. Speaker-40.