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shall ascertain in due course, and in conformity to law, to whom the seat in sai House from said County of right belongs.

(Signed,)

ASSEMBLY CHAMBER, January 7, 1856.

WALTER MURRY.

On motion of Mr. Farley, the protest was laid on the table.

The following members then took the oath of office :

Messrs. Andrews, Batchelder, Beatty, Bell, Blackburn, Boring, Borland, Bowe, Brent, Brunton, Brush, Bynum, Cartter, Castro, Callbreath, Cone, Coombs, Covarrubias, Curtis, Davis, Dick, Downey, Dustin, Ewalt, Farley, Gage, Gaston, George, Grap, Haile, Hawes, Heald, Heiskell, Holland, Hoover, Hunt, Hunter, Kendrick, Kelly, Lamon, Leihy. Lewis, Lippincott, Mathews, McDonald, McFarland, McGehee, Meloney, Moulthrop, Oliver, Oxley, Pearson, Peck, Pugh, Rathburn, Read, Reynolds, Rhodes, Ricks, Sellick, Shearer, Sherrard, Stevenson, Sterritt, Stout, Swan, Taliaferro, Taylor, Turner, Upton, Van Dusen, Wagner, Weir, Welch, White, Williams, Winsor, Winston, and Wohler.

Mr. Oxley moved to adjourn until to-morrow, at 10 o'clock, A. M.

Mr. Taliaferro moved to amend, so as to adjourn until the 9th, at 10 o'clock, A.M. Amendment lost.

The House then adjourned until 10 o'clock, A, M., to-morrow.

IN ASSEMBLY.

TUESDAY, January 8, 1856.

House met pursuant to adjournment.
Mr. Peck in the chair.

Roll was called.

Messrs. Coombs and Covarrubias absent.
Journal of yesterday read and approved.

Mr. Hunt offered the following resolution:

Resolved, That in honor of the ever-glorious battle of New Orleans, fought on the eighth of January, and in honor of the ever-memorable name of ANDREW JACKSON, the hero of that day, this House do now adjourn until 10 o'clock, A. M.,

to-morrow.

Mr. Upton moved a division of the question.
The Chair decided the motion out of order.

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The question then recurred upon the adoption of the resolution.

Upon which Messrs. George, Hunt, and Hawes, demanded the ayes and noes, with the following result:

AYES.

Messrs. Beatty, Boring, Brent, Brush, Bynum, Cartter, Callbreath, Downey, Ewalt, George, Gray, Hawes, Holland, Hunt, Kendrick, Lewis, Lippincott, Meloney, Moulthorp, Pearson, Sherrard, Swan, Taliaferro, and Wohler-24.

NOES.

Messrs. Andrews, Batchelder, Bell, Borland, Bowe, Brunton, Castro, Cone, Curtis, Davis, Dick, Dustin, Gage, Gaston, Haile, Heald, Hoover, Hunter, Kelly, Lamon, Leihy, Mathews, McDonald, McFarland, McGehee, Oliver, Oxley, Peck, Pugh, Rathburn, Read, Reynolds, Rhodes, Ricks, Sellick, Shearer, Stephenson, Sterritt, Stout, Taylor, Turner, Upton, Van Dusen, Wagner, Weir, Welch, White, Williams, Winsor, and Winston,-51.

Messrs. Sharp, Hoover and Dick, appeared, and were qualified.

Mr. Winston moved that the Assembly proceed to election of Speaker.
Adopted.

Mr. Winston nominated J. T. Farley, of Amador.

Mr. Brent nominated T. W. Taliaferro, of Calaveras.

The Assembly proceeded to vote with the following result:

Those who voted for Mr. Farley, were-

Messrs. Andrews, Batchelder, Bell, Borland, Bowe, Brunton, Brush, Cartter, Castro, Cone, Curtis, Davis, Dick, Dustin, Gage, Gaston, Haile, Heald, Heiskell, Hoover, Hunter, Kelly, Lamon, Leihy, Mathews, McDonald, McFarland, McGehee, Oliver, Oxley, Peck, Pugh, Rathburn, Read, Reynolds, Rhodes, Ricks, Selck, Shearer, Sherrard, Stephenson, Sterritt, Stout, Taylor, Turner, Upton, Van Dusen, Wagner, Weir, Welch, White, Williams, Winsor, Winston, Blackburn

-55.

Those who voted for Mr. Taliaferro were

Messrs. Beatty, Boring, Brent, Bynum, Callbreath, Downey, Ewalt, George, Gray, Hawes, Holland, Hunt, Kendrick, Lewis, Lippincott, Meloney, Moulthorp, Pearson, Sharp, Swan, and Wohler-21.

Mr. Farley voted for Mr. Peck.

Mr. Taliaferro voted for Mr. Hunt.

Mr. Farley was declared elected.

Mr. Taliaferro moved that a committee of two be appointed to wait on Mr. Farley, and conduct him to the chair.

Messrs. Taliaferro and Winston, were appointed.

Mr. Farley appeared, was qualified, and took his seat as Speaker of the Assembly. On motion, the House proceeded to the election of Chief Clerk.

Messrs. J. M. Anderson and Frank Hastings were placed in nomination.

The following vote was taken

For Anderson,

Hastings,

53

24

The Speaker announced the vote, and declared J. M. Anderson elected.

Messrs. A. M. Hayden and J. Betts were nominated for Assistant Clerk.

The vote was taken, with the following result:

For Hayden,
Betts,

Mr. Hayden was declared elected.

53

22

Messrs. E. Gates and J. Hawkins were put in nomination for Sergeant-at-Arms: Mr. Gates received 48 votes, and Mr. Hawkins, 22.

Mr. Gates was declared elected.

Messrs. Joseph Powell and William McNair were nominated for Enrolling Clerk: Mr. Powell received 51 votes, and Mr. McNair, 23.

Mr. Powell was declared elected.

Messrs. T. Moreland and B. D. Hyam were nominated for Engrossing Clerk: Mr. Moreland received 47 votes, and Mr. Hyam, 21.

Mr. Moreland was declared elected.

Messrs. J. D. G. Quirk and J Stockwell were nominated for Doorkeeper.
Mr. Quirk received 52 votes, and Mr. Stockwell, 20.

Mr. Quirk was declared elected.

Messrs. Anderson, Gates, Powell, Moreland, and Quirk, appeared, and were duly qualified.

The Speaker announced that the Assembly was fully organized.

Mr. Cartter presented the following resolution:

Resolved, As a testimonial of our respect and reverence for the name and deeds of ANDREW JACKSON, and those fearless few who have made for this day a page in our nation's history, that we will, in the future, as we have done in the past, ever preserve in our hearts an altar sacred to their memory, to which we will bring, as our annual offerings, admiration for their bravery, love for their patriotism, and blessings for the inheritance they nobly fought to defend.

Adopted.

Mr. Rhodes moved to adjourn until to-morrow, at 11 o'clock, A. M.
Mr. Lamon moved to adjourn until 10 o'clock.

Carried.

The House adjourned until to-morrow, at 10 o'clock, A.M.

IN ASSEMBLY.

WEDNESDAY, January 9, 1856.

House met pursuant to adjournment.

Speaker in the chair.

Roll called and following members were absent:

Messrs. Andrews, Batchelder, Beatty, Brent, Brunton, Brush, Bynum, Callbreath, Cone, Curtis, Downey, Gaston, Holland, Hoover, Hunter, Leihy, Lippincott, McDonald, McFarland, McGehee, Oliver, Oxley, Pearson, Pugh, Reynolds, Sellick, Sharp, Swan, Taliaferro, Taylor, Turner, Upton, Winsor.

Journal was read and approved.

Mr. McGehee moved that the standing rules of the last session be adopted. Mr. Stout moved to amend so as to except that portion of the rules relating to the number of officers, &c.

Adopted.

Mr. Stout moved that a committee of three be appointed to draft rules for the government of the House.

Adopted.

The Speaker appointed Messrs. Upton, Peck and Hawes, the committee.
Mr. Welch moved that the House go into election of Chaplain.

A division of the House was called for with the following result:

Ayes 26-Noes 24.

So the motion was carried.

Messrs. Shuck, Webb, J. L. Sanders, Jno Smith, Cummings, Diehl, and Wheeler were put in nomination.

The House then proceeded to vote, with the following result:

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Mr. Oliver moved that the two lowest candidates after each vote be dropped. Mr. Stout moved that only one be dropped after each vote.

Adopted.

The House then proceeded to the 2d ballot, with the following result:

Shuck,

Sanders,

60

Smith,

Cummings,

Diehl,

Wheeler,

Benton,

Whole number of votes,
Necessary to a choice 34.

No election.

24

4

9

14

12

3

1

67

Mr. Beatty moved the indefinite postponement of the whole subject. Messrs. Oxley, Taylor and Cartter, demanded the Ayes and Noes on the motion, with the following result:

AYES.

Messrs. Andrews, Beatty, Bell, Boring, Borland, Brent. Brunton, Brush, Castro, Callbreath, Downey, Dustin, Ewalt, Gray, Haile, Hunt, Kendrick, Lewis, Lippincott, Mathews, McDonald, McFarland, Meloney, Moulthorp, Pearson, Rathburn, Sherrard, Stephenson, Sterritt, Wagner, Weir-31.

NOES.

Messrs. Batchelder, Bowe, Cartter, Cone, Curtis, Davis, Dick, Gage, Gaston, George, Hawes, Heald, Heiskell, Holland, Hoover, Kelly, Lamon, Leihy, McGehee, Oliver, Oxley, Peck, Pugh, Read, Rhodes, Ricks, Sellick, Sharp, Shearer, Stout, Taylor, Upton, Van Dusen, Welch, White, Williams, Winsor, Winston, Wohler, and Mr. Speaker-40.

So the motion was lost, 31 to 40.

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