into his seat as president of the senate, also made an address, which was, however, short and modest. He said that it was with diffidence and apprehension that he assumed the office to which he had been called by the sovereign will of the people. He was sensible of his want of experience in legislation and especially in presiding over a parliamentary body; but he would expect a full share of the indulgence usually extended to the presiding officer of a deliberative assembly and look with confidence to the experience and courtesy of senators for guidance and support. There was, he went on to say, a wide field presented and, in view of the magnificent future of the rising and promising state-advancing as it was by giant strides to destinies far beyond the reach of mortal eye-a powerful motive for the exercise of the purest and loftiest patriotism and most laudable ambition. No people on earth ever had greater reason to be proud of their country or were under a greater debt of gratitude to Providence for the abundance of blessings and means of happiness than the Californians. There was only one thing more necessary to make a truly happy and prosperous people, and that was a wise and economical government, which should provide judicious and wholesome laws, secure to honest and useful industry its legitimate reward, and relieve the public, as far as possible, from the oppressive burdens of taxation. It was the duty of the senate to set the example of economy; and he hoped it would at once address itself to the business before it and close the session at as early a day as practicable.'

But notwithstanding the meeting and organization of the legislature at Vallejo, it was evident from the first that there were no conveniences for its continuance and that it could not remain there. Mariano G. Vallejo had pledged himself, as has been seen, to furnish suitable buildings and rooms, to be ready by June 1, 1851; but his pledge was as unreliable as his pretended ownership of lands in that neighborhood and his pretended fortune of a million of dollars over and above liabilities. Under the circumstances, it being apparent that it was useless to attempt to remain and do business at Vallejo, the assembly on January 9, the day after the inauguration, by a vote of thirty-one ayes to 'Senate Journal, 1852, 31, 32.

twenty-six noes, adopted a joint resolution that the legislature should adjourn to meet at the city of Sacramento on Tuesday, January 13, 1852. This resolution was at once transmitted to the senate; but that body adjourned for the day without acting on it. The next day the assembly adopted another joint resolution to the effect that whereas the archives of the state were at San José, the treasurer should be required to suspend any further payments out of the general fund until the archives were brought to the place where the legislature was in session. This resolution, being transmitted to the senate, was at once concurred in. Upon this action Estell presented in the senate a petition of thirtyone inhabitants of Vallejo, praying the legislature not to adjourn to any other place and asking for one week to prepare suitable accommodations. But after some discussion this was laid upon the table; and the joint resolution for adjournment to Sacramento was called up. Estell moved to amend by a substitute that the houses should take a recess for ten days, which was lost by a vote of ten for to fourteen against it. The vote on the original resolution to adjourn to Sacramento, which was then put, resulted in a tie, whereupon Purdy, the lieutenant-governor, threw an adverse casting vote and defeated it.'

Immediately or very soon after its adoption of the resolution. in reference to the suspension of payments from the general fund, the assembly by a vote of forty ayes to eight noes adopted a concurrent resolution declaring Vallejo the legal and permanent seat of government. When this was transmitted to the senate. the vote, by which the joint resolution to adjourn to Sacramento had been lost in that body, was reconsidered. Motions were made to substitute Monterey, San José and Benicia respectively instead of Sacramento; but all were lost; when, on motion of Broderick, January 16 was inserted instead of January 13 and the resolution, as amended, was adopted by a vote of thirteen ayes to ten noes; and immediately afterwards, on motion of the same, the assembly resolution declaring Vallejo the legal and permanent seat of government was concurred in. The next move was a resolution of the senate requiring the superintendent of public buildings to deliver to the authorities of Sacramento

1

1 Assembly Journal, 1852, 37, 38; Senate Journal, 1852, 36–38,

such furniture as might be required there for the legislature, which together with the amendment to the former resolution being concurred in by the assembly, the legislature adjourned in accordance with them, to meet at Sacramento on Friday, January 16, 1852.1

At Sacramento, when the houses convened there pursuant to adjournment, they adopted a joint resolution authorizing the governor to remove the archives to, and requiring the state officers to reside at, Sacramento during the session; and they then adjourned for several days. On January 24 a resolution, which had been adopted by the assembly for a committee of three from each house to confer with Mariano G. Vallejo in regard to removing the seat of government from the town of Vallejo was concurred in by the senate; and two days afterwards Vallejo addressed to the committee appointed under this resolution a remarkable communication, asking that the bond which he had given for the performance of his contract should be canceled and annulled. He said that many difficulties had interfered to embarrass him in the execution of the obligations imposed upon him by the act of February 4, 1851. He had formed an association with some of the most enterprising citizens of the state to develop the resources dedicated by him for the fulfilment of his obligations. That association, however, after much fruitless effort, had gradually ceased to have any practical life or vigor; and he had therefore himself proceeded to provide a temporary state house and offices to be in readiness for the meeting of the legislature at the beginning of the month. Having done so, he submitted that his obligations had been fully and faithfully performed; but, owing to circumstances over which he had no control and arising directly or indirectly from the action of the executive and legislative departments of the government, the credit and resources dedicated by him to the further prosecution of the enterprise and fulfilment of the obligations imposed upon him by his bond had been shattered and destroyed. In other words, the communication was a virtual declaration by Vallejo that his speculation to make the capital was a failure and that he wanted to be released Assembly Journal, 1852, 42, 43; Senate Journal, 1852, 39–43. 2 Annals of San Francisco, 394-396.

from his bargain. But the legislature, being fixed for the time at Sacramento, paid no further attention to the subject during the session; and it was not until the next session, when it met again at Vallejo, that the capital was finally and for good removed from that place.

The first important subject, which came up in the legislature after it met at Sacramento was the election of a United States senator in place of John C. Fremont, whose term had expired on March 3, 1851. The reason of this was that when Fremont and Gwin were admitted to their seats in the United States senate on September 10, 1850, the day after the admission of the state, they were required, in accordance with the federal constitution and laws, to draw lots as to their respective terms. Three ballots were prepared and put into a box-the first for a term ending with the thirty-first congress on March 3, 1851; the second for a term ending March 3, 1853, and the third for one ending March 3, 1855-and on the drawing Fremont drew the first and Gwin the third. On this account Fremont enjoyed his office less than six months. An attempt had been made in the legislature of 1851 to fill the vacancy, but without a choice. The candidates on that occasion, besides Fremont, were Solomon Heydenfeldt, Thomas Butler King, John W. Geary, John B. Weller and James A. Collier. At the end of the one hundred and forty-second ballot, which stood twenty for King, eighteen for Weller, nine for Fremont and one for Geary-Heydenfeldt and Collier having been withdrawn-it being then apparent that no choice could be made, the senatorial convention adjourned. On January 28, 1852, in accordance with concurrent resolution of both houses, a new convention met. The whole number of votes in 1851 had been forty-nine; in this convention it was eighty-nine. On this occasion David C. Broderick, who had been nominated by James M. Estell, made his first appearance as a candidate for the United States senate and was the chief opponent of John B. Weller, the only one of the previous candidates who had any strength. But on January 30, an agreement having apparently been arrived at between the two, Weller was elected for a term

1 Congressional Globe, 31 Con. 1 Sess., P. 2, 1792. "Journals of Legislature, 1851, 155-274.

of six years from March 4, 1851, by seventy votes over seventeen, which were thrown for Pearson B. Reading.1

Among other interesting matters which came before the legislature of 1852 was a bill, introduced into the senate by James H. Ralston, to distrain for rent and to sell the property distrained. But this English method of enforcing the contract of lease did not suit the genius of the people; and the bill was indefinitely postponed. Philip A. Roach introduced into the senate a bill to authorize married women to transact business as sole traders, which became a law. A bill to suppress gambling came before the senate and resulted in a tie vote of thirteen to thirteen, when Purdy with his casting vote rejected it and left licensed gaming to go on for a few years more.* A bill to authorize the common council of San Francisco to purchase or erect a city hall was introduced into the assembly by Herman Wohler and passed that body. In the senate it was referred to a committee consisting of Broderick, Snyder and Soulé; and a few days afterwards it passed the senate and became a law. This statute, and the proposed purchase of the Jenny Lind theater by the common council under its provisions, gave rise to the greatest degree of indignation among the citizens of San Francisco; and they denounced the purchase and everybody connected with it in unmeasured terms of condemnation. It was called, as has already been shown, the "Jenny Lind Swindle," and Broderick especially was charged with corruption and fraud in connection with it. But, notwithstanding the imprecations of the better classes of citizens and denunciations of the better part of the press, the so-called swindle was consummated; and the common council of the time, instead of being any longer known as "city fathers," acquired the name of "city step-fathers."

On January 24, 1852, Henry A. Crabb introduced into the assembly a bill respecting fugitives from labor and slaves brought into the state prior to its admission. It was no better and no

Assembly Journal, 1852, 441; Senate Journal, 1852, 232; Stats. 1852, 201. 6 Annals of San Francisco, 395, 396.

7 VOL. IV.