Mr. Kellogg made the following minority report from the committee to whom had been referred the removal question, which was read and on motion laid upon the table:

MR. SPEAKER :

The undersigned, a minority of the Select Committee, to whom was referred so much of the message of his Excellency, the Governor, as relates to the present condition of the State offices, together with a communication from the State Treasurer; also a proposition from certain citizens of Benicia, tendering the use of a secure building for State offices; also, propositions of the county of Sacramento, and preamble and resolutions of Common Council of the city of Sacramento, relative to the removal of the State Capital to that city; while they concur in that portion of the report of the majority of the committee which relates to the insecurity of the buildings in whieh are the offices of the Treasurer and Comptroller of State, and wherein the State archives are kept, and to the necessity of some prompt legislative action on the subject, are reluctantly compelled to differ from the opinions expressed and embodied in the remaining portion of said majority report, and submit the following report and recommend its adoption. All of which is respectfully submitted.

H. B. KELLOGG,
R. C. WHITMAN,

Of Select Committee.

REPORT.

The building offered by the citizens of Benicia for State offices, is a substantial brick building, thirty-two feet long by twenty-four feet in width, containing six fine rooms, sufficient for the accommodation of Secretary, Comptroller, and Treasurer of State. If accepted by the State for the purposes above named, it will be finished in a fire-proof manner, with iron doors and shutters, and a fire-proof vault, of the dimensions deemed requsite by the officers of State, erected in the basement, thus affording ample security for the treasury and archives of State.

The building tendered by the county of Sacramento for the present session of the Legislature, is the Court House, occupied by the Legislature of 1852, and in its present state does not offer convenient accommodations for the Legislature. By the removal of two partitions, two rooms of sufficient size would be obtained-one for the Assembly, thirty-six-feet wide by eighty feet long-one for the Senate twentyfour feet wide by eighty feet long. The fire-proof vault referred to in the report of the majority, is entirely too small to contain a sufficient safe for the use of the State Treasurer, and its lock is of the simplest make and entirely insecure.

The enterprise and dauntless energy of the citizens of Sacramento are worthy of all praise, but it is somewhat to be doubted if even the dauntless energy aforesaid could, in the course of human events, have created a population only the second in California, unless by some means of propagation not generally known or commonly understood. While the disasters by fire and flood to which Sacramento has been subjected are to be lamented, it may very properly be doubted whether the fact, as stated in the majority report of this committee, that Sacramento has within twelve months been at once a desert and a swamp, is the most cogent of arguments for the removal of the State Capital to that place at the present time. At least one winter should try the efficacy of the new levee. The old levee was deemed secure, but at the time of trial it failed, and the future only can tell whether the present one will be more efficient. The majority of mankind, unlike the majority of this committee, are not gifted with prophetic vision, or the faculty of second sight, and must there

fore wait for time to decide the question above stated. Time failed to examine in detail the several hundred brick buildings referred to in the report of the majority of this committee, and therefore the assertion that all of them are substantial, must be referred to the prophetic vision aforesaid. The magnificence of some is apparent, insomuch that one of them is styled, par excellence, the "Palace."

The uninformed have generally supposed that several lines of daily stages have afforded communication between Sacramento and the interior of the State; it would, however, be the height of folly and presumption to dispute the wisdom and accuracy of the statement of the majority of this committee that nine lines of "splendid stage companies" penetrate to every important point in the interior, although at first blush the operation would be rather difficult.

The statement made in the report of the majority of the committee, that Sacramento is already the centre of an extensive system of telegraphic communications, and is destined to be, at no distant day, the centre of an extensive system of railroads, is to be referred to the prophetic vision before mentioned, to which the minority of this committee lay no claims.

The State printing can, if necessary, be done at Benicia, but undoubtedly will be done wherever the State Printer may see fit.

The profound ignorance mentioned in the report of the majority of this committee can readily be obviated by an inspection of the daily proceedings of either House.

A few of the legal fraternity in Benicia had supposed that they possessed at least the germs of a law library, but they must yield to the fiat of a majority of this committee, and the minority thereof must suppose that the books in the State Library, some four thousand volumes in number, are like Peter Pindar's razors, "made for show and not for use."

The minority of this committee are unable to understand the logic which makes the high price of board in Benicia a heavier direct tax upon the people in one year than would the removal of the Capital to Sacramento, although the same is asserted in the report of the majority of this committee. The minority also believe that members of the Legislature were elected to serve the State, and not for the purpose of endeavoring to amass a competence from their per diem.

If the sum of fifty thousand dollars was lost to the State during the last session of the Legislature for want of a quorum, the members were derelict in their duty; but to suppose a similar occurrence in the present Legislature, is to impute to them a wilful neglect of duty not yet apparent.

At a small estimate the removal of the capital would not cost the State less than fifty thousand dollars, and the minority of this committee do not venture confidently to predict that more than double that amount would be saved the State before the close of the Session, for the reason that they are guided by facts and not by fancy. The building poffered by the citizens of Benicia, for the State officers are as secure as any other offered, and would be sufficient for years, should none other be proffered.

The minority of this Committee, not conceiving that it falls within their province to decide a question which requires close and minute investigation, do not offer an opinion on the subject of the division of the State

Not having definite information as to the precise point where the dividing line will be drawn, they are unable to determine upon the relative claims of Benicia and Sacramento, in reference to their proper locality for the future Capital of one of the States, that is to be; and are further inclined to think, that perhaps neither would possess the desired requisites. They believe that the bold prominence claimed for the city of Sacramento, as the future Capital of the future northern State, is an assumption which may be well disputed by her sister city Marysville, whose claims are equal if not superior. But as your Committee were elected as Representatives

of the People of the State of California, as it now exists, they do not feel competent to legislate for the people of an embryo State.

The people have justly complained of the frequency and expense of removals, and are now opposed to any agitation of this question. The minority of this Com mittee believe that the voice of the people should be heard and obeyed.

The Capital has already been removed seven times, and the expenses of the several removals, are at a low estimate as follows:

The above statistics, with the exception of the last two items, are compiled from the reports of the Comptroller, and a careful estimate of the per diem of members and officers during the adjournments, for the purposes of removal, and the extra mileage to the new Capitals. Various other items of expenditures, well known to persons attached to the Legislatures at the times of the several removals, cannot be accurately ascertained, and therefore are not stated, which would probably swell the amount to at least $150,000. Such reckless and profuse expenditures have justly rendered the removal of the Capital a by-word and reproach.

It is now propsed to remove the Capital for the eighth time; the cost of which will be as follows:

The State gives up the present State House, worth

Per diem of Members and Officers during the adjournment of seven

$27,000 00

14,000 00

4,472 00

1,000 00

$46,472 00

The propositions of the citizens of the county and city of Sacramento, as referred to this committee, are exceedingly meagre. They proffer to the State a building to be used for the present session of the Legislature only; thereby leaving the State officers at the close of the session, without accommodations, and the place of assembling for the next Legislature, a matter of indefinite conjecture. The State already possesses a State House sufficiently commodious, donated to her by the city of Benicia, so long as it may be used for State purposes; and may have if she choose to accept the proposition of the citizens of Benicia, referred to this committe, secure and comfortable offices for the officers of State, so long as they may choose to occupy the same. The minority of this committee deem it impolitic to relinquish such substantial advantages, even for the proffered freedom and hospitality of the city of Sacramento.

In conclusion, the minority of this committee would recommend that the propositions of the citizens of Benicia, referred to this committee, be accepted.

H. B. KELLOGG,

B. C. WHITMAN,
Of the Select Committee.

Mr. Ballou presented a proposition from the City Council of Sacramento, proposing to donate to the State the public square between I and J and Ninth and Tenth streets, upon condition that Sacramento be made the permanent Seat of Government.

Proposition read and on motion laid upon the table.

Mr. O'Neil, Chairman, made the following report:

The committee on engrossed bills have examined and find correctly engrossed, at Joint Resolution relative to settlers on public land in California.

The folllowing message was received from the Senate:

MR. SPEAKER :

I am instructed to inform the Assembly that the Senate have concurred in their resolution that the committee appointed to fix the compensation of their respective officers should act jointly; also,

That the Senate yesterday passed the accompanying bill for an Act to amend an Act entitled an Act concerning Jurors, approved May 3, 1852; and also,

Have adopted the resolution herewith transmitted, in which their concurrence is respectfully requested.

JOHN Y. LIND, Secretary.

Senate bill for an Act to amend an Act entitled an Act concerning Jurors, approved May 3, 1852. Read first and second time and referred to Judiciary Committee.

Senate Concurrent Resolution to appoint a Joint Committee to examine the returns and other facts connected with the election of Gov. Bigler in 1851; upon which Mr. Irwin demanded the ayes and noes:

Those who were in favor of the committee were:

Messrs. Anderson, Aylett, Bagley, Ballou, Bradford. Briggs, Carr, Carrillo, Clingan, Conness, Dannels, Davidson, Dawley, Fairfield, Gilbert, Godard, Gordon, Greene, Hastings, Hoff, Hollister, Hoyt, Hubbard, Hubert, Hunter, Irwin, James, Jones, Kellogg, Letcher, Mandeville, Musser, McBrayer, McDonald, McDuffie, Nichols, Noel, O'Neil, F. A. Park, J. W. Park, Pratt, Purdy, Ring, Rowan, Spencer, Springer, Stemmons, Stevenson, Stowe, Sweazey, Tallmadge, Tivy, Van Cleft, Watkins-54.

Those who were opposed to creating a Joint Committee were:

Messrs. Ashley, Bennett, Bostwick, Bowie, Burton, Cornwall, Ewer, French, Hagan, Henry, Herbert, Horr, Houghtaling, Hunt, Koll, Lindsey, McGee, McKinney, Sweetland, Warmcastle, Whipple, Whitman-22.

So the House determined to appoint a committee, and Messrs. Tallmadge, Watkins and Horr were appointed.

Mr. Herbert gave notice that he would on to-morrow introduce a bill requiring the Comptroller to audit certain bills of the members of the present Legislature. Mr. Bradford gave notice that he would at an early day introduce a bill for an Act to establish a State University and provide for its support;

A bill for an Act to provide for the better protection of Settlers; also,

A bill for an Act to protect the rights of persons not parties to executions and

other processes.

Mr. Hunter gave notice that at an early day he would introduce a bill granting townships in the agricultural portions of the State the right to regulate water courses and ditches within their limits.

Mr. Stowe offered the following, which was adopted:

Resolved, That the committee appointed to inquire relative to the codifying and publication of the laws of this State be, and they hereby are instructed to report to this House promptly.

Mr. Ballou gave notice that he would at an early day introduce a bill legalizing certain acts of the County Recorder of El Dorado county.

Mr. Tallmadge gave notice that he would at an early day introduce a bill for an Act to secure a uniform system of practice in the courts of this State.

Mr. Bostwick gave notice that he would at an early period of the session introduce a bill to submit to the legally qualified voters of California, at the next gencral election, the permanent location of the Capital of the State.

Mr. James gave notice that he would at an early day introduce a bill for an Act to authortze the Comptroller of State to draw a duplicate warrant on the Treasurer of State in favor of Samuel W. Langton for the sum of seventy-five dollars.

Mr. McKinney gave notice that he would at some future day introduce a bill for an Act to amend an Act entitled an Act to fix the compensation of County Judges and Associate Justices of the Court of Sessions, and to repeal a like Act, passed April 22, 1850.

Mr. Dawley gave notice that he would at an early day introduce a bill to repeal an Act to provide for the measurement of lumber, passed April 30, 1853.

Mr. Hubert gave notice that at an early day he would introduce a bill to regulate fees in office, and repeal a like Act passed May 1, 1851.

Mr. Hunt gave notice that on some future day he would introduce a bill for the better protection and government of the Indians.

Also, a bill for the relief of Paul Weaver.

On motion, Mr. James was added to Committee on Roads and Highways, ard Mr. Carrillo was added to the Committee on Education.

Mr. Spencer gave notice that at an early day he would introduce a bill to amend an Act defining the duties of County Clerks, passed April 18, 1850.

Mr. Hoyt introduced the following:

Resolved, That one thousand copies of the Governor's Inaugural Address be printed for the use of this House.

And Mr. Tallmadge demanded the ayes and nays.

Those who voted to print were

Messrs. Aylett, Bostwick, Bowie, Bradford, Carr, Carrillo, Clingan, Dawley, Fairfield, French, Gilbert, Godard, Greene, Henry, Herbert, Hoff, Horr, Houghtaling, Hoyt, Hubbard, Hunt, Irwin, Koll, Musser, McBrayer, McDuffie, Nichols, O'Neil, J. W. Park, Ring, Rowan, Spencer, Stemmons, Stowe, Sweetland, Tivy, Warmcastle, and Whitman-38.

Those who were opposed to printing, were—