that had threatened the destruction of the Union. He believed that the compromise measures, which had accompanied it, were calculated to place the nation upon a more lasting and enduring basis than before. He therefore recommended a strict adherence to them, with a view to setting at rest the vexed question of slavery, and suggested that laws should be passed to effectually carry out those provisions of the compromise relating to fugitive slaves. He next called attention to the operation of the revenue laws and what he called the inequalities of taxation as compared with representation in different parts of the state. The six southern grazing counties, with a population of six thousand three hundred and sixty-seven persons, paid into the treasury as taxes on real and personal property for the last fiscal year nearly forty-two thousand dollars, while the twelve mining counties, with a population of one hundred and nineteen thousand nine. hundred and seventeen persons, paid only about twenty-one thousand dollars. The latter had a representation in the legislature of forty-four, while the former had but twelve. Again, taking all the agricultural counties together, as distinguished from the mining counties, the former, with a population of seventy-nine thousand seven hundred and seventy-eight, paid upwards of two hundred and forty-six thousand dollars, while the latter, as said before, with a population of nearly one hundred and twenty thousand, paid only about twenty-one thousand. It was true the capitation tax assessed in the twelve mining counties was fiftyone thousand four hundred and ninety-five dollars, while that assessed in the six southern grazing counties was only seven thousand two hundred and five; but the amount actually collected in the mining counties was only three thousand five hundred and eighty dollars, while that collected in the grazing counties was three thousand nine hundred and eighteen and a half, so that the six thousand three hundred and sixty-seven population of the grazing counties paid three hundred and thirty-three and a half dollars more than the one hundred and twenty thousand population of the mining counties. In view of these facts, and as it was plain that such a condition of things could not last long without great danger to the peace and prosperity of the state, and as it further appeared evident to his mind

that there was no remedy for the evil while the constitution provided, as it did, that “all laws of a general nature shall have a uniform operation" and that "taxation shall be equal and uniform throughout the state," he recommended the calling of a convention for a revision of the constitution and for the "discussion, understanding and, as far as possible, obviation of the inconveniences of whatever nature, arising from the imperfections of that instrument."

He next addressed himself to the subject of education and its importance not only in itself but particularly as a means of inducing immigration. If a good, active and effective system were once established and the fact made known abroad, one of the strongest objections to residence in the state would be removed. The class of people which it would bring would be most valuable. It would induce the presence of families who would remain and grow up with the institutions of the country. "Such a desirable result," he continued, "can be accomplished. We have the means within our reach of establishing upon this western soil the most magnificent system of education in the world. Perhaps it would not be saying too much to assert that there never was a finer opportunity presented for engrafting upon the institutions of a state an educational system that should be an honor to the public and a blessing to the people than is now possessed by California.” He next called attention to the public lands granted to the state by the several acts of congress upon that subject. By an act of September, 1850, all the swamp and overflowed lands lying within the several states had been given to those states respectively for the purpose of reclamation. The quantity of such land within the state of California amounted to from six to ten millions of acres. To enable the state to avail itself of the benefits of this grant at the earliest moment, he had communicated with the proper authorities of the general government, asking that the state surveyor-general might be authorized to select such lands; and, in view of the probability of the request being granted to this state as it had been to others, he suggested the passage of a law enabling the surveyor-general to make such selections. He also recommended a law securing to each settler, who might locate in good faith, a suitable quantity of such land for a home

stead. In reference to the large bodies of overflowed land, designated as tule swamps, he recommended a system of grants on condition of reclamation within a certain time. "By this course," he went on to say, "a large portion of the state, now lying in a useless condition, would be made productive, contribute largely to the state treasury and induce a further immigration and settlement of the Chinese-one of the most worthy classes of our newly adopted citizens-to whom the climate and the character of these lands are peculiarly suited. The draining of these lands would also add largely to the health of the country in their vicinity. When thus drained, the tule lands, comprising the larger portion of the grant under the act referred to, will become the most desirable lands in the state and capable of producing, in the highest degree of perfection, rice, sugar-cane and other staple products, which cannot be grown in other portions of the state.”

The rest of the message was made up of various expressions of opinion and recommendations, which he seems to have supposed were reflections of public sentiment. He pronounced the judicial system of the state complicated, incongruous, calculated to defeat the very object of law-which in his opinion was the prevention of controversy-burdensome to the people, unnecessarily expensive and highly inconvenient. He therefore recommended the appointment of a commission for an entire revision of the laws. In the same connection he called attention to the fact that there were eleven judicial districts and thirty district attorneys; and he recommended that the judicial districts should be enlarged, so as to reduce the courts in number; that only one district attorney should be appointed in each district, and that he should receive his compensation in the way of fees and not as salary out of the treasury. He was opposed to any and every proposition to sell or lease the mines and declared that they should be left free; but it would be well, he said, to take some effective measures against the ingress of foreign criminals, who had for several years been flooding the state from the penal colonies of England and other countries. He charged that great injustice was done California by the general government by the imposition of onerous and exorbitant rates of postage and the neglect to supply its coasts and harbors with light-houses, buoys, dry-docks and other aids to

commercial and mercantile interests. He recommended the election of successors to the members of congress, whose terms were to expire the next year, and enlarged upon the neglect of congress to provide a branch mint, the want of a suitable building for the deposit of the arms and ammunition of the state, the necessity of providing for the insane in some other institution than the Sacramento hospital and the desirability of having a geological survey of the country. Another subject, towards which the large majority of the people of the entire country were looking with anxiety and interest, he said, was the commencement of some work that would insure rapid communication between the eastern and western portions of the Union. The undertaking had been started by a railway from the western part of Missouri; and it was to be hoped that congress would aid in forwarding the gigantic project to speedy completion. The advantage of such a work could scarcely be conceived. The government possessed immense bodies of fertile but waste and untenanted lands; and by appropriating those portions lying on the line of communication, the value of the remainder of the public domain would be increased and the national interests in general greatly advanced.

He stated the outstanding obligations of the state on June 30, 1851, the end of the fiscal year, to be eight hundred and seventyone thousand dollars, of which one hundred and sixty-five thousand represented state bonds, issued under the act of February 1, 1850, drawing interest at the rate of three per cent per month. He characterized such interest as onerous and ruinous and recommended the speedy and complete redemption of the bonds. And after a few further remarks, including something about the Bear Flag movement, of which he adopted an incorrect version, and something about the removal of the Indians out of the state and the payment of Indian war bonds, he wound up with stating that, in accordance with a law of the last session, he had placed Mariano G. Vallejo and James M. Estell in possession of the convicts sentenced to imprisonment in the state prison-at the same time advocating the erection of a suitable building for their better security. He recommended an appropriation for a state library, and in conclusion begged to be permitted to mingle his congratulations with those of the legislature upon the future

greatness and prosperity, which awaited the young and glorious state of California by a proper and judicious management of its affairs.'

Immediately after the reading of the above-mentioned document in the senate, a motion was made by Tingley and adopted to print five thousand copies of it in English and three thousand in Spanish; but the next day, on motion of the same, the vote was reconsidered and the whole subject laid on the table. The assembly, however, was more complaisant and, in ordering three thousand English and one thousand Spanish copies of the incoming governor's inaugural, provided for the same number of the outgoing governor's message. In the meanwhile, just before the installation of the new governor, McDougal, as a final communication to the legislature, deemed it proper to transmit a formal message resigning his office of governor. This action was one of the freaks, to which he was at almost any time liable. The senate at first, without paying much attention to the matter, received the message and ordered it to go into the journal, but the next day, on further consideration, struck it out; and with this his career as a factor of any importance in Californian. affairs closed."

Upon vacating his office McDougal passed, to a very great extent, out of public notice. He was still known as "I, John," and people talked about his peculiar doings and sayings, one of which was that he was afraid of no one except God Almighty and Mrs. McDougal, though the lady was by no means one to be afraid of; but otherwise nobody paid any great attention to him. He was never again taken up as a candidate; and he doubtless would have received very few votes if he had been. Though his natural abilities were good and though he was under ordinary circumstances a fair conversationalist and an affable and sociable companion, there was no steadiness in his character and he could not be relied on from one day to another. But while generally peaceably inclined, he was often quick-tempered. He fought at least one duel for trivial cause and was always ready, when at all excited, to get into personal difficulties. Unfortu

1 Senate Journal, 1852, 11-22.

'Senate Journal, 1852, 22-27; Assembly Journal, 1852, 32.