STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT,

To the Assembly of California:

Sacramento, January 18, 1858.

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I have been requested by Mr. Oliver Evans Woods, of Pennsylvania, to transmit the enclosed memorial to your honorable body.

Mr. Woods has been for several years laboring with great zeal to perfect a plan for the safe delivery of letters which reach this coast, through the United States mails. In my opinion, the adoption of his scheme would lessen, very materially, the number of dead letters which are now destroyed every quarter at San Francisco, and enable thousands, who are constantly changing their locations in the mining regions, to receive letters from their friends on the other side of the continent. The number of dead letters consumed every quarter at San Francisco amounts to some twenty-five thousand.

A "suspended list," such as Mr. Woods proposes, would certainly save a large proportion of these letters from destruction, and at a very small expense to the department.

You will perceive that his object is, to invoke your aid, through our senators and representatives in Congress. I commend the subject to your careful consideration.

JOHN B. WELLER.

The communication referred to in the above message, was referred to the Committee on Federal Relations.

Assembly bill No. 3, an act to legalize certain conveyances made by the commissioners of the sinking fund of the city of San Francisco, was taken up and ordered engrossed.

Assembly bill No. 7, an act to extend the term of office of the board of supervisors of Calaveras county, was taken from the general file, amended, and ordered engrossed.

Mr. Hill of Sierra, moved the reconsideration of the vote by which the Assembly, on Saturday, adopted the resolution relative to the employment of copying clerks.

Mr. Stakes moved to indefinitely postpone the motion to reconsider, and the previous question was called and sustained.

Messrs. Edwards, Sheridan and De Long demanded the ayes and noes, and the indefinite postponement was lost by the following vote:

AYES-Messrs. Anderson, Aud, Ballou, Buel, Clarke, Crane, Davis, Galbraith, Gordon, Gray, Graham, Haldeman, Hancock, Havens, Heath, Holladay, Howell, Lee, Lewis, Loof bourrow, Minis, Mitchell, Neblett, Osgood, Palmer, Parker, Pearis, Sherwin, Smith of San Bernardino, Stakes, Thomas, Tipton, Tuttle, Ward, Warfield, and Mr. Speaker-36.

NOES-Messrs. Banks, Burbank, Caldwell, Curtis, DeLong, Edwards, Ely, Ferguson, Harris, Hill of Nevada, Hill of Sierra, Hitchens, Hobart, Holman, Kabler, King, Markley, Marshall, McCoy, Moses, O'Brien, Ormsby, Safford, Shepard, Sheridan, Simons, Smith of Nevada, Spilman, Stocker, Stout, Stratton, Street, Tatman, Walker, Warmcastle, and Willson-36.

The House agreed to reconsider by the following vote-Messrs. Hancock, Buel, and Galbraith, demanding the ayes and noes:

AYES-Messrs. Burbank, Caldwell, Curtis, De Long, Edwards, Ely, Ferguson, Hill of Nevada, Hill of Sierra, Hitchens, Hobart, Holman, Hirst, Kabler, King, Markley, Marshall, McCoy, Moses, Neblett, O'Brien, Ormsby, Safford, Shepard,

Sheridan, Simons, Smith of Nevada, Spilman, Stocker, Stout, Stratton, Street, Tatman, Tipton, Walker, Warmcastle, and Willson-37.

NOES-Messrs. Anderson, Aud, Ballou, Banks, Buel, Crane, Davis, Galbraith, Gordon, Gray, Graham, Haldeman, Hancock, Harris, Havens, Heath, Holladay, Howell, Lee, Lewis, Loof bourrow, Minis, Mitchell, Osgood, Palmer, Parker, Pearis, Sherwin, Smith of San Bernardino, Stakes, Thomas, Tuttle, Ward, Warfield, Young, and Mr. Speaker-36.

Mr. Safford offered as a substitute, resolutions embodying the report of the original committee on copying, but fixing the rate at fourteen cents per folio, and demanded the previous question, which was sustained and the substitute lost. On the adoption of Mr. Holladay's resolution, Messrs. Buel, Tatman and Ormsby, demanded the ayes and noes, and it was adopted, as follows:

AYES-Messrs. Anderson, Aud, Ballou, Banks, Buel, Crane, Curtis, Davis Galbraith, Gordon, Gray, Grahom, Groom, Haldeman, Hancock, Harris, Havens, Heath, Holladay, Howell, Lee, Lewis, Marshall, Minis, Mitchell, Osgood, Palmer, Parker, Pearis, Sherwin, Smith of San Bernardino, Stakes, Street, Thomas, Tuttle, Ward, Warmcastle, and Young-38.

NOES-Messrs. Burbank, Caldwell, De Long, Edwards, Ely, Ferguson, Hamlin, Hill of Nevada, Hill of Sierra, Hobart, Holman, Hitchens, Hirst, Kabler, King, Loof bourrow, Markley, McCoy, Moses, Neblett, O'Brien, Ormsby, Safford, Shepard, Sheridan, Simons, Smith of Nevada, Spilman, Stocker, Stout, Stratton, Tatman, Tipton, Walker, Warfield, Willson, and Mr. Speaker-36.

Concurrent resolution relative to mail route in Placer and Nevada counties was taken up and adopted.

The following message was received from the Senate:

SENATE CHAMBER,

January 18, 1858. (

MR. SPEAKER: I am directed to inform the Assembly that Messrs. Goodwin, Lewis, and Burton have this day been appointed by the Senate on the joint committee to visit the state prison.

THOS. N. CAZNEAU, Sec. Senate.

Mr. Gray moved to take from the table Assembly concurrent resolution relative to Kansas and Nebraska question.

Mr. Ballou moved the previous question.

Sustained.

The motion to take up was lost.

Mr. Havens offered concurrent resolution relative to the establishment of certain mail routes in the northern part of this state.

Adopted.

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

Resolved, That the Committee on State Hospitals be and they are hereby authorized, in conjunction with the hospital committee appointed on the part of the Senate, to visit the insane asylum at such time as they may think best.

Mr. Sheridan, pursuant to notice, offered the following additional standing rule, to be numbered seventy-four:

"On the call of the chairman of any committee, it shall be the duty of all the members of said committee promptly to attend when the roll shall be called; and

should members absent themselves from the meetings of said committee without a reasonable excuse, it shall be the duty of the chairman to report the facts to the House, which shall then take such action in the case as may be deemed necessary and proper."

Lost.

Mr. Ballou gave notice that he would, on to-morrow, offer a proviso to the sixty-fifth standing rule, so as to exempt the seventh rule from its operation, preventing thereby a suspension of said seventh rule, except by unanimous vote of the House.

Mr. Stakes gave notice of the introduction of a bill for an act concerning prac ticing physicians, to prevent mal-practice, and to regulate the sale of drugs and medicines; also, of amendments to the nineteenth standing rule, so as read, "the Committee on Claims to consist of seven members, and Committee on Public Expenditures and Accounts to consist of seven members."

Mr. Warfield offered concurrent resolution relative to daily mail route from Marysville to Forest City via North San Juan.

Adopted.

On motion of Mr. Stakes, at two o'clock P. M., the House adjourned.

IN ASSEMBLY.

TUESDAY, January 19, 1858.

House met pursuant to adjournment, the speaker in the chair.

Roll called.

Journal of yesterday read and approved.

On motion, the House reconsidered the vote by which Senate resolution No. 11, appointing a joint committee to visit the state prison was adopted, and the chair appointed to compose said committee on the part of the Assembly, Messrs. Lewis, Edwards, and Graham.

Mr. Parker, from Committee on Elections, made the following report, which was received and made the special order for Monday next, at 12 o'clock.

To the Honorable the Assembly of the State of California:

MR. SPEAKER:-Your Committee on Elections, to whom were referred the contested seat in this House from the 'county of Sutter, wherein Z. Montgomery was contestant, and James O. Harris respondent or sitting member, have the honor to respectfully make the following report to your honorable body:

Your committee have, with great care and attention, examined all the evidence that has been presented before them, which consisted of documentary evidence in the shape of depositions taken before a commision of justices of the peace of Sutter county. In view of protecting the sacredness of the elective franchise, the highest prerogative of American freemen, your committee have examined minutely and cautiously into all evidence adduced-and here, first, your committee would refer to one of the precincts in said county known as "Orear's Precinct;" there four men voted, who, upon direct examination, stated that they lived in Placer county. Upon cross-examination they stated that if the county boundary line was opposite a point known as "Camp Far West," then they resided in Placer county; but that if above that line then they resided in Sutter county. The only means that your committee had of examining into this boundary line was from the revised statute, where it stated that the boundary line spoken of was opposite this point known as "Camp Far West;" it seems also that these men had been in the habit of voting at this precinct for several years, but that

they paid their taxes, or some of them, in Placer county. Your committee consider it fair to presume that men would not pay taxes in a county where the law did not compel them so to do; and as these deponents did not state that they paid taxes in the county of Sutter, your committee think that they knew they were not residents of the county of Sutter, although for many years it seems it was their custom to enjoy the right of suffrage in that county. Because one has been in the custom of casting an illegal vote for several years at a certain precinct, your committee think does not guarantee to him the right to continue so voting, for in this mode of procedure the will of the people might at all times be destroyed, and fraud rewarded for its infamy.

In another precinct, Mokelumne, the polls were closed before sunset, and the votes commenced to be counted; before the counting was finished, two persons came in and voted. This procedure, your committee certainly consider was illegal, while at the same time, if no fraud is shown, your committee do not think that a voter could be prevented from exercising the elective franchise, because of the informality of the judges of election in opening the ballot-box before the time prescribed by law, for in that instance, again, the high prerogative of the people might be destroyed by the willful act of corrupt officers of an election.

Your committee would also state that they find two foreigners voted for respondent; one a Frenchman, the other a German, who had not their naturalization papers, but only their declaratory papers of intention, which are on file among the depositions presented to your committee. There were, also, at Nicolaus precinct, persons who were called up by appellant, who refused to give evidence because of the fear of exposing themselves to a criminal prosecution. It is not shown that their votes were sworn in at the election, and your committee do not think that by giving in evidence of having voted for either contestant or respondent, they would thereby subject themselves to a criminal prosecution; and when a witness, placed upon the stand by a party, refuses or is backward in giving evidence for that party, your committee think that it is fair to presume that the evidence he would adduce would be against the party so offering him in evidence. But they say they were advised not to swear by respondent's attorney, Mr. Ryan, which places the matter in an opposite light. At another precinct, Knight's Landing, where respondent had a majority, it seems that the returns were not properly endorsed. From this precinct they were sent by private hand, and the person delivering them did not endorse on the same that they were not altered, erased, or out of his hand after he received them from the inspectors. Although your committee consider it mandatory on the part of the person so delivering returns, if delivered by private hand, to endorse as above, nevertheless, if there is no cause or reason to suspect that improper conduct has been used in reference to the returns so delivered, your committee think it fair to presume that they are correct. A mere technicality of that kind, unless improper conduct is shown, should not invali date the returns, and as no such evidence was adduced, or offered to be adduced, your committee consider those returns correct. Also, at Orear's precinct, a boy of sixteen years of age voted for respondent, which was denied by respondent's counsel. Your committee would here state that all the evidence they have of illegal votes having been cast for Montgomery is entirely hearsay that is that A heard B say that he voted for Montgomery, and your committee do not think it proper to consider such evidence.

Now, by way of recapitulation, so that your honorable body may more fully and completely draw a conclusion in this matter of the contested seat, the following statement is made:

That the four votes first spoken of, at Orear's precinct, for respondent, should be thrown out. Also, the two foreigners, who had only their declaratory papers. Also, the boy of sixteen; making a total of seven illegal votes cast for James O. Harris, the respondent, thus giving Mr. Montgomery a majority of three votes.

In conclusion, your committee would say that they have examined the adjudged cases of former contested seats in this Legislature, and find nothing therein to cause them to draw a different conclusion than that they here arrive at. Therefore, be it

Resolved, That the seat in this House, now occupied by James O. Harris, be declared vacant, and that Z. Montgomery be declared the duly elected representative to the Assembly of California from Sutter county.

PARKER, Chairman.
E. J. LEWIS,
W. W. McCOY,

J. A. CLARKE,
A. H. MITCHELL,
URIAH EDWARDS,
C. E. DE LONG.

Mr. Sheridan made the following report:

MR. SPEAKER:-The Joint Committee on Printing, having considered the concurrent resolution for the printing of the reports of the several state officers, respectfully represent that no other reports of the said officers have been submitted than those named in your committee's report to concurrent resolution No. 4, so that the reports of said officers have been acted upon by your committee, who therefore pray to be discharged from the further consideration of the subject.

J. E. SHERIDAN,

Chairman of House Committee. D. S. GREGORY,

Chairman of Senate Committee.

On motion of Mr. McCoy, the matter was recommitted, with instructions to include in their report to this House the reports of all the state officers which should accompany the Governor's message and be included therewith.

The following communication was received from the Attorney General:

ATTORNEY GENERAL'S OFFICE,
Sacramento, Jan. 16, 1858.

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Hon. N. E. Whitesides, Speaker of the Assembly: DEAR SIR-I received to-day a copy of a resolution, adopted by the House over which you have the honor to preside, requesting my opinion upon the legality, under the present revenue law, of taxing possessory rights to lands in this state, where the title is vested in the general government. In answer, permit me to say, that after a careful examination of our revenue laws, I am unable to discover any provision authorizing the taxation of the species of rights spoken of in the resolution quoted.

Improvements upon public lands in the possession of private persons are taxed, and very properly.

Official engagements prevent my giving, at present, the reasons for the foregoing conclusions; but should the Assembly desire it, I will do so in future, with pleasure.

Respectfully, etc.,

THOS. H. WILLIAMS, Attorney General.

Assembly bill No. 22, an act to make county warrants receivable in payment for county taxes, was read a second time, and referred to Committee on Ways and Means.

Assembly bill No. 23, an act to authorize Peter Davidson to convey certain real estate, was taken up, considered engrossed, read a third time, and passed.