Sacramento Daily Union, Volume 22, Number 3363, 8 January 1862 — CALIFORNIA LEGISLATURE. [ARTICLE]

CALIFORNIA LEGISLATURE.

THIRTEENTH SESSION.

[R -.PORTED SPECIALLY FOB THE CHIOS.]

SE..ATF. __. ' ..day, Jan. 7, 15. 2. The Senate md. at 11 o'clock, President Del* Guekba In tbe Chair. Ail the members present yesterday answered to their names, lccladicg Mr. Holiien, of Napa. After the reading and adoption of the preceding lay's minutes, Mr. Hill moved that the oath of office" be administered to ail newly arrived membera. The Prealdent thereupon sent one of the Secretaries for a Notary Public. Mr. Lewis offered the following: Rrsolted, That the Senate now' proceed to the election of < ffioers In the following order : A President pro tern, a Secretary ar.d Assistant, a Sergeant-at-Arms. an slant Sergfant-at-Arms, & Minute Clerk an Enroling Clerk, an Eagroasing Clerk and two Copying Clerks. Mr. Parks— 3ifore going any farther, I think the present presiding officer Is not the President of the Senate, and lf an oath were administered by him, it would have no binding effect. I move that Judge Cope ba Invited to administer the oath. The Pr_kidrst— Chair will state that he suggested to the Secretary the propriety of Inviting some one, and haa sent word to a Notary Public. Judg a Cope presently arrived and attended to the ceremony. The resolution to elect officera was then passed, with a eicgle vote in the negative. ELECTION OF PRESIDENT PRO TEH. The Chair— election of a Presldeat pro tern. Is now Id order.

Mr Soule— nominate James McM. Shafter of San Pranclsco.

Mr. Is*, is— aomlnate WUUam G. Lewis. As no other candidates were offered, the Secretary called the namea of Senators In alphabetical order, and members responded with the nanus of their respective candidate. . The following waa the reault of the ballot : For Mr. Shafter— Backs, Burnell, Chamberlain, Crane, De Long, Oaskdl, Harvey, Harriman, Hathaway, Heacock, Hill, Kimball, Kuta, Lewis, Nixon, Oulton, Parks, Pac^eco, Perkins, Porter, Powers, Rhodes, Soule, Shurtllff, Vandyke— Mr. Lewis— Baker, Bogart, Denver, Gallagher, Hoidec, Irwln, Quint, Shafter, Vineyard, WUUamson— lo. Mr. Jricin — Warmcastle — 1. Mr. Parks— Soil— l.

The President— whole number of votos cast Is 37; necessary to a choice, 19. Mr. Shafter having received 25, Mr. Lewis 10, Mr. Irwln 1, and Mr. Parks 1, Mr. Bhafter Is declared duly elected President pro tern. of this Board. [Applause] Mr. Bhafteb t"ck the position of Mr. De 'a Guerra, behind the Preside.. t'.* desk, and spoke as follows: SPEECH of the PRESIDENT pro tern. Senators : My election to this, the chief plaoe la your Immediate gift, second ooly to that of the Executive officer, who Is the constltutlooal Prealdent ofthe Senate, especially when made by a vote; the spontaneity and universality of which is unprecedented In thin body I may well regard as a distinguished honor. lam lilt . ely the use of that often repeated, but sincerely uttered expression, I thank yon, and beg you to accept the assurances of my profound and grateful acknowledgement We are here, one of those bodies composing a separate department of the Government. Standlog near the source of power, It Is our duty to coUect and represent the enlightened judgment of the people, and to provide for their wants and necessities by the enactment of wise laws. It is the reault of aU expsrience that nothing conduces so much to that result as a strict adherence to those settled forms of procedure which have been devised to that end. It has never been my fortune to witness a departure from those forms, upon the pretexts by which such departure Is often Invoked, without feellag that justice and purity had received a wound, and that another ch&la waa thrown around the limbs of expedition. I Invoke your cooperation la the attempt to adhere strictly to tbaae rules. I may not be able to justify your partiality ; but of this be assured, superadded to what of abiUty I may poaess, shall be a vlgUaat and If need be, laborious attention . The parliamentary history of our country presents unfortunately many Instances where parliamentary law baa been administered with anything but accuracy and justice, where the object of settled rules, as stated by the old Speaker Osb.ow, has been disappointed, and they have not been " a shelter and protection to the minority against the attempts of power." Permit me to say that from all concurrence on my part with any attempt thus to subvert Uie law, If acy such is aupposaale, you will be exempt. 1 cannot consent to confine myself to a mere expression of good Intentions aa to personal demeanor toward you, but to assure you that you will not observe any exhibitions of fretfulnesa and impatience, sometimes occurring, which are so embarrasilcg to new members, so annoying to these of riper experience and bo offensive to all. But lf unfortunately such errors should occur, It Is your privilege and imperative duty to substitute your judgment for my error, and prevent the seeds of Incorrect opinion from ripening Into fruit It la a reproach to legislative bodies that the case la not unfrequent that. Buffering under palpable lrjuatlce, a man of spirit ia obliged to eat h's own heart with restrained rage or suffer in silence his wrongs, when redress Is hopeless and complaint is useless. Let us see to lt that no such reproach shall fall upon this body. When subsequent reflection shaU have satisfied me that I have fallen into error, believe me, I shall regard your acquiescence la It aa no friendly act, and It wiil but deepen my sense of my personal mlafortune that you have permitted my fault to deprive any member of this body of a right or to Inflict upon him an undeserved pale. It remains for me but to renew my expresslona of gratitude to you for the honor of your choice, and to assume the discharge of the duties lt Imposes. further organization. The President— next offlce in order Is that of Secretary of ihe Senate. Mr. Hatha I will put In nomination Thomas HilL

Mr. Irwin— l suppose, air, it will be hard for any Democrat to ba placed ln nomination for any position here and be elected. But, sir, a few of us wish to express our preference. I therefore nominate Harry R. M'gbels, a gentleman who has always acted true to his principles, his party and hia country. I hope the Democratic members will give him their vetes. Mr. Po\._R3— l desire to place In nomination the rate of A. A. De Long, of Sacramento. The vote web taken and Blood as follows : For Mr. mil— Banks, Burn. 1!, Chamberlain, Crane, De Long, Gasket), Harvey, Harrlman, HathawAy, Heacock, Hill, Kimball, Kutz, Oalton, Parks, Pacheco, Perk'os, Porter, Rhodes, 8 .after, Soul--, Van Dyke— For Mr. Mighels— Bogart, Decver, Doll, Gallagher, Holden. Irwin, Lewis, Quint, Shurtllff, Vineyard, Warmcastle, Williamson— For Mr. He Long— Nixon and Powers— 2. Total votes cast, 37 ; necessary to a choice, 19 ; Mr. Hill having received 22, Mr. Michael 18, Mr. De Long 2, Mr. Hill was declared elected. The PassiDENT-The Senate will now proceed te the election of an assistant Secretary. Mr. Banks— l nominate A. A. De Long. There being no other candidate, A. A. D Long received 27 vote . and wss unanimously elected. Mr. De Lono— nomltate Archibald Turner, of Yu.a, for the office of S.rgeant-at-Arms. I w:ll take occasion to remark that since Mr. Turner has been a candidate for that office stories have been circulated to the effecs that ha baa been ln prison, or Indicted f:r various crimes— that he Is a Secessionist, and guilty of all the balance of ciliroa that you can find In the calendar. I wish to say that he has never been arrested, charged or tiled for any crime. And if any person thinks he has evidence to the contrary, I desire him to state it In this place. I presume many gentlemen hava honestly connected hls came with another unfortunate gentleman of the same name, who has been tried in that county for murder. Mr. Irwin— Indorse every word that the Senator from Yuba haa said, with regard to Mr. Ta-cer. although I do not Indorse the amalgamation ticket on which he la to be elected, I regard Mr. Turner as a man perfectly competent, ne haa always been a Uoion Democrat. I believe Senators will never regret having cast their votea for Mr. Turner. Mr. Q.ist— l nominate I. F. Baker, of Tuolumne county. Mr. Nixon— nominate Hanry G. Whitmore of 8:---lano.

The vote having beea takea, the President announced the total cumber of votea cast aa 86 ; the number necessary to a choice, 19; Turner having recdved 27, Baker 6, and Whitmore 3, -Mr. Turner waa declared electee. Mr. Porter — I place ln nomination for Assistant Ser-geant-at-Arms, Ellaa Howe of Santa Crux. No other candidate being offered, tbe vote was taken, and the whole number of votes cast announced as 88, for Mr. Howe, who waa declared elected. j Mr. Socle — I nominate for Minute Clerk Charles Abbott. No other candidate waa offered. The number of votes caat In his favor was 27, and Mr. Abbott decUred duly elected. Mr. Van Dyke— l nominate for Journal Clerk Wilbur F. Heustia.

There wss no opposition candidate. Mr. Heuatls waa declared elected by 28 votes. - • . Mr. burnell —l nominate for Enrolling Clerk, Hecry O. Kibbe. In this connection I would state that he has been Enrolling Olerk of the other House. He is In every way capable and worthy of the position. Toe camber of votes cast was 27— a1l being In favor of Mr. Kibbs. He was declared duly elected. Mr. Hill— Engrossing Clerk I nominate George GUlesple. Mr. Gillespie served the Senate at the last session to the entire tatls.actlon of every Senator. He Is competent, and will make a faithful officer. Mr. Crane— l propose the name of George Mcreland of P.acer, who, I am told, is In every way capable. Mr. Br Loso— Being one of the S.-natora holding over, I can aafely say that we aU will Indorse Mr. Gillespie. The total vote for Gillespie was 10, for Mordand 17. Mr. Gillespie was declared elected. AU that now remained to complete the organization was the election of two copying Clerks. Mr. Harvey nominated Chas. D. Bocestel, who was elected by 21 votes. George C. Harriman was elected by 88 . M There waa no opposing candidate ln either use. - --'w»atf_*g»*_B-_- - - I Mr. Da Long— move that the Senate adjourn. Mr. Irwin— l move that the officers elec.ed come forward and be sworn In. Tne President— The officers elected will plea*e present themselves at the bar of the Senate. They appeared as their namea were called by the Secretary, and took the oath to support the State and United B ates Constitutions, and to discharge faithfully tbe duties of their respective offices. The organization of the Senate therefore stands aa foUowa: President pro tern— James McM. Shafter, of San Prendre o. -v - .'■ Secretary —Thomas Hill, of Saa Fraaclsco. Assistant Sacretary— A. A. De Long, of Sacramento. Sergeant at-Arme— Turner, of Yuba. Assistant Sergeaat-aVArma— EUaa Howe, of Sinta Crux. Minute Olerk— Chaa. Abbott, of Sacramento. Journal Clerk— Wm. F. Heuatls, of Sacramento. EarolUng Cleik— Henry O. Kibbe, of Bacramento. Eagrosilng Olerk— George GUlesple, of Bolano. Copy Clerks— George 0. Harrlman sad Charles D. Boneatah

RB_tOLCTIOS3, ETC. The Prfsidest— Chair has recdved a communication from the outgoing Treasurer of the State, Thomas Findley, which will be laid on the Secretary's table to be disposed of according to the pleasure of the Senate, [The document merely statea the expense Incurred in the Treasurer's office during the year past for various small Items. The total is f 317 45] Mr. I&wrs offered the following: ReS'tlvt d, Tnat the Sergeant-at-Arms be directed to farnUh each member with five daUy papers published la this State, or their equivalent In we ekllea. The resolution was adopted without a negative voice. Mr. Heacock offered the following, which waa also adopted. Resolved, That the Secretary of thn Senate he directed to inform the Assembly that the Senate baa organized by the election of the foUowing permanent officers [naming the whole Uat], and la ready to proceed with legislative bualness. The Presidest appointed Measra. Burnell and Lewis a Committee to wait upon the lower House and Inform them of the organization of the Senate.

the chaplaincy. * Mr. Basks offered the fallowing: Resolved, That the Staate bow proceed to elect a Chaplain. Mr Baker— l call for the ayea and noes oa that question.

Mr. Merritt— l move that the reaolutloa be laid on the table.

A number of Senatora asconded .Mr. Merrltt'a motion.

Mr. Parks— What Is the object of laying the resolu- _ _** on the table ? If -*-- 8 b.dy -■ -° -Ject a Chaplain, I do not know why we may not as well proceed to the election new as at any llme.'and complete the organization of the Senate, I hope the resolution wIU not be laid on the table without aome good reason. On the question to lay on the table the majority voted In tbe negative. Mr. Ehodes— l move that the reaolution be Indefinitely postponed. The ay sa and noea bdag ca'l'd for, resulted— Ayes — Baker, Bogart, Gallagher, Hclden, Irw'n, Ruts, Merritt, Park*, Rhodes, Boule, ShurUlff, Warmcastle, Willamion. Denver — 14. Noes— Backs, Obaßberlalc, Crane, Da Long, Gaskell, Harvey, Harrlman, Hathaway, Pachaco, Perkins Porter. Powers, Shafter, Van Dyke. Heacock, Burnell— l« The _f resident— The Senate refuses to Indefinitely postpone the resolution. The queation recurs upon Its adoption. " Mr. Denver— move the resolution be lad aeon the table.

Mr. Van Dyke— l move to substitute "that the President ba authorised aad requested to Invite the clergy* men of Sacramento to open the Senate dally with prayer— to arrange the order among themeelves." Mr. Denver— withdraw my resolution, in order that that question may be considered. Mr. Hill— l move that the Senate now adjourn. A major. appeared to be la favor of at'journlng, but a division being called for, the motion was lost — ayes, 1.. ; noes, 18. The question, therefore, recurred upon Mr. Van Dyke's resolution. The President— l has been a custom of the Seaate to entertain a substitute of thla sort, although I cannot find any warraat outside of the practice of the Seaate. The question upoa the substitute as a distinct resolution was put and the reaoluilou adopted— l 9to IC. On motion of Mr. Denver the Senate then— half-past twelve adjourned untU to morrow at eleven o'clock.