Mr. CARILLO complained of incompetency and disrespectful language on the part of the Interpreter's Clerk-whereupon

Mr. Borts moved the following:

Resolved, That on the complaint of Mr. Carillo, a member of this House, of indignity offered to him, in his seat, by the Interpreter's Clerk, the said Clerk be removed.

The resolution was adopted.

Or motion of Mr. HOPPE, Judge White was requested to act, temporarily, as Assistant Interpreter to the Convention..

On motion of Mr. SHANNON, the report of the Finance Committee was taken up, viz:

Report of the minority of the Committee of five on the payment of the expenses of the Convention, and the per diem or other allowance of its officers:

The Committee, to whom was referred the subject of the proper mode to be adopted to pay the expenses of the Convention, and who were directed to report the proper per diem or other allowance of its officers, have had the same under consideration and beg leave to report:

That the officers of this Convention are entitled to a per diem allowance, as follows:

Secretary, $28 00; Assistant Secretary, $23 00; Sergeant-at-Arms, $22 00; Copying Clerks, $18 00; Doorkeeper, $12 00; Page, $4 00; Reporter, $50 00; Chaplain, $16 00; Interpreter, $24 00; Interpreter's Clerk, $21 00.

And the Committee further report that, in the opinion of your Committee, the most feasible and proper mode of paying the expenses of the Convention is in the schedule to provide that the first Legislature that meets under this Constitution shall make early provision for it.

Mr. HALLECK moved that the report be recommitted, with instructions to report the daily pay of the Secretary and Translator at $16, and of the other officers of the Convention in proportion.

Mr. BorTs was opposed to the resolution. He thought it would only produce delay. He could not, for his own part, come to a correct conclusion as to what ought to be the per diem allowance of these officers, until he knew the source from whence their pay was to come, and the time at which it was to be paid. He thought it exceedingly important that that part of the report should be taken up first. The purpose of the minority report was to decide this question at once, so that there would be some ground to proceed upon in fixing the compensation of the officers. It was unnecessary to require the Committee to report again. The two reports fixed the same rate of pay; they were exactly similar in that respect. They arrived at this conclusion in the following manner. Each member put down the amount which he thought proper. The aggregate salary for each officer was written down, and divided by five-the number of members composing the Committee. The amount thus arrived at was adopted. He did not believe that when it was taken into consideration the manner in which labor is paid for in California, though the amount seemed very large, that it would be found extravagant, or at all out of proportion. He had enquired among merchants who employ clerks in San Francisco, and he found that this Convention was giving, at the rates fixed in the report, little more to a temporary Secretary or clerk, who was employed only for a few weeks, than was paid in San Francisco to clerks who were employed by the year. The Committee were of opinion that the State was entitled to be served with as good talent as any merchant. It was in consideration of these facts that the Committee went so far beyond the proposition of the gentleman from Monterey, (Mr. Halleck.) In justice to these gentlemen he thought the people of California should be required to pay them as liberally as they would be paid by private individuals. The Convention had no right to draw upon the patriotism of its officers; gentlemen might draw upon their own patriotism if they wished, and make their pay as low as they pleased; they could readily afford to do that when they had all the honor; but the case was different with the clerks, who had none of the honor and most of the labor.

Mr. JONES could not see what vast difference the lower estimate of the gentle. man from Monterey, (Mr. Halleck) would make. It would not amount to more than a hundred dollars a day at the most. Moreover, he thought this body should

remember that these gentlemen are not residents of Monterey. They have sacri. ficed their prospects elsewhere, and lost time in coming here, and it would be but simple justice to pay them liberally.

Mr. SNYDER addressed the Committee as follows:

There are many matters touched upon in that and the accompanying correspondence, which deeply interest us; and particularly that portion which relates to the collection of customs in this country, and the manner in which the money so collected has been appropriated.

I ask the indulgence of this Convention to make a few remarks, which, I think, will not be inappropriate at this time, relative to the financial affairs of this country, and the treatment received from the Government of the United States.

The question of the expenses of this Convention, referred to in the report of the Committee, very naturally suggests that it is high time the Government of the United States should awaken to a sense of its duty towards the distant Territory of California.

There was a time, Mr. President, when emigration to this country was encouraged by a certain power, if not directly, indirectly.

I speak, sir, from personal knowledge in regard to this matter, for I was influenced by a gentleman in this country to come to California. Aye, sir, he is now in this very house. You well know, sir, we were here but little over one short year before it was understood that despatches had arrived for Capt. Fremont, then on his way to Oregon. Be that as it may, he returned after accomplishing half his journey, and in a very short time the American flag was seen floating within the walls of this town. I will not say, Mr. President, nor need I dwell upon the fact how the Government of the United States rewarded that young man-how he was placed between the jealous fire of older and more subtle officers.

I will only here assert that the action of the Home Government was, in his case, and in that of the country which he aided to annex to our confederation, in every respect consistent. They condemned the devoted soldier, and they no less showed their disregard of the rights of Americans, by a total refusal to provide means to pay the expenses incurred in bringing this territory into the line of our government limits.

Sir, California has been abused by the General Government. The citizens who cast themselves on the hostile shores of the Pacific, have been abused; and chief among them is that young man, who, perilling all for his country, stood shoulder to shoulder with the daring few who crossed the rocky ridges between this and the old States, to add another bright star to our already glorious Confederation.

How appropriate are the words of Byron to this case!

"He who ascends the mountain tops shall find
The loftiest peaks most wrapt in clouds and snow;
He who surpasses or subdues mankind,

Must look down upon the hate of those below;
Though high above the sun of glory glow,

And far beneath the earth and ocean spread,
Round him are icy rocks, and loudly blow,

Contending tempests on his naked head,

And thus reward the toils which to these summits led."

It is true, sir, that the great Government of the United States, of which we claim to be a part, should be rebuked by California! Not only the emigrants to their country, but the foreign residents and native Californians, have suffered from the negligence of the home Government. I do not make these remarks because I now love my country and her institutions less, but because I love that freedom of speech guarantied by our forefathers more. And I glory in the privilege which allows the poorest man in our Republic to condemn his rulers when they act unjustly, as they have done toward California.

Judging from its acts, it would indeed seem, sir, that Congress believed the assertion of the representative from the little State of Delaware, that there "were not five men in this territory capable of forming a Government for it," and, of course, that there was, in his opinion, as few capable of judging how far their rights were outraged by neglect. This, sir, is the voice from little Delaware, uttered in that august assembly to which we, the forty members of this Convention, are about to submit a petition for admittance into the Union. We hope that the distinguished mouthpiece of little Delaware did not entirely exhaust the wisdom of his State or its representative, by this sage remark. However insulting it may be to this great territory and its inhabitants, we can have no quarrel with the little State of Delaware, for we have here a country which could put both the little State and its wisdom in its pocket, and forget in its vastness that such small things were there.

Now then, Mr. President, I will come to the matter which is more immediately connected with what I most wish to say.

We have had the report of the Committee on Finance, and the letter of Gov. Riley relative to the means of paying the expenses of this Convention, and he feels a delicacy in giving a decisive answer to the inquiries of the Committee. This does not at all astonish me. I am too well acquainted with the liberal policy and generosity of Gov. Riley, to suppose for one moment that he would hesitate to pay the expenses of this Convention, were his instructions sufficiently full from his Government.

No sir! The niggardly policy adopted by the Government of the United States towards California, puts it out of her power to keep up such a civil government as this country should have, to say nothing about supporting the citizens of California in establishing a State Government after using the thousands they have collected from customs in California. I would ask, what has become of the revenue collected in California? although, sir, as we have not laws like our Territories at home, you may ask what right we have to make inquiries. It is an old saying, sir, "that he that dances must pay the fidler ;" and "it is a poor rule that will not work both ways." Have we not a right to make the fidler play that tune we like best? Has that revenue been appropriated in accordance with certain stipulations in the Constitution of the United States? Certainly, if they tax us, they should give us something in return. Sir, at this very time, there is an officer of the United States Navy surveying and bouying out the channels of San Pablo and Suisun Bays, and who pays for it? Sir, the people, by subscription. I handed a paper around among the citizens of Sacramento city for subscriptions: what did they say? We cannot pay out any more of our money for the Government until we get what they already owe us.

Still, sir, we must go on as we have done, paying the expenses of the Government ourselves, fighting on our own hook, for the honor of it! I beg pardon-for the honor of the Government of the United States.

Sir, in the Report of the Committee on Finance, in regard to the payment of the expenses of this Convention, the Governor refers to the very delicate situation in which he is placed. There is no person who sympathi-es with him more deeply than I do; and little do I care whether I receive one cent or not to defray my expenses.

Sir, there are now gentlemen in this Convention who have travelled many miles to get here; and many of these gentlemen, who are now serving their country gratuitously, (as they have done before,) have accounts against the Government for supplies furnished during the war, to troops of the United States Government.

I can point to a gentleman now present, who holds claims against the Government of the United States to the amount of from twelve to fifteen thousand dollars; and there are many more of a similar character.

In this very town, sir, there is, to my certain knowledge, a large bundle of musty papers, claims against the Government of the United States to the amount of $100,000, which, in a few more years, will no doubt be interesting objects for antiquarian research.

All nations are reaping the benefits of the discovery of the gold; and first on the list stands out, in bold relief, the United States. To whom are they indebted for the discovery? To the pioneer veteran, Capt. J. A. Sutter, through whose generosity and benevolence, protection and assistance have been afforded to the travel worn emigrants who had toiled through many a weary day, and had passed many an anxious night upon the barren waste of a desolate country.

I need not say how they have been recompenseed for the toils and dangers they encountered in opening the road to the stores of wealth that are now drawn from the inexhaustible placers of California. Neglect, gross neglect, has been their reward.

What has been the sacrifice? Look upon the bleached bones of the starved emigrants which now lie scattered in the valley of the Sierra Nevada, where, hemmed in by mountains of impassable snow, they wasted from day to day, struggling with feeble hope against dark despair, until one by one, they drooped and died, leaving but few to tell the sad tale of their suffering.

O! let us draw a veil over the mournful picture, and hope, if nothing else, that a little sympathy may be created for the poor emigrant.

Sir, I hope the time is not far distant when the Government of the United States will cease to neglect a country from which her people, and all other nations, are draining such an immense amount of wealth.

Mr HALLECK said, as he offered the resolution, he supposed he was bound to defend it. The object of the resolution was to avoid the difficulties which gentlemen apprehended. If the expenses of this Convention were limited to a small amount, he had no doubt they would be paid; but it was necessary that the rate of salaries should be economical. If the expenses exceeded the proper bounds, he was certain they would not be paid, and the result would be, that it would have to be left to the next Legislature to provide for them. There would be great dif ficulty in obtaining the adjustment of back claims in this way. If the salaries of officers were to be fixed at twenty-two to twenty-eight dollars a day, what was the salary of the members to be fixed at? He had heard thirty dollars a day men

tioned. What would be said of members of this Convention when they went back to the people with a bill of seventy thousand dollars a month for making a Consti tution? A hall is furnished, together with stationery, lights, and all the minor articles necessary for the use of the House. For the officers and pay of members alone, we demand seventy thousand dollars. He was very confident it could not be paid in any other way than by a tax fixed by the next Legislature. He did not know what General Riley would do. He had not heard a word from him on the subject. But he knew this much, that if General Riley sent a bill with these rates of pay to Washington, it would be sent back, and he would have to pay it out of his own pocket. He had had something to do with public accounts for some time, and he knew that it was very difficult to get vouchers through the Treasury of the United States. Within the last ten days, he had had offers from five or six competent persons to do similar work at the rates fixed in the resolution. He found no difficulty in getting competent persons at that salary. Again if we fix the salaries of officers and members of this Convention at this price, can we fix the salaries of officers and members of the next Legislature at a less price? If we, with every thing furnished, expend seventy thousand dollars a month, what amount of money must be appropriated for the expenses of the Legislature? Can it be obtained in California by any system of taxation that may be adopted? No sir: we send the bill to the general Government, and ask Congress to make an appropriation for its payment. Congress will never grant such an expenditure. Let the expenses of this Convention, then, be fixed on moderate terms, so that they can be paid as we go along; let us set an example of economy to the Legislatures that may follow us. We are a new State; we have rich gold mines, and a growing commerce; we have abundant sources of wealth; but we have not facilities for collecting taxes. If an example of extravagance is to be followed by the next Legislature, there is no difficulty in predicting that the members of that Legislature will sit but one session. He (Mr. Halleck,) was of opinion that the salaries should be fixed now, and would therefore withdraw his resolution.

Mr. BoTTS referred to the report of the Committee as proving that instead of being an extravagant estimate, these gentlemen receive probably less than was ever paid in similar offices in the United States. Terms are altogether relative. When a Secretary receives $28 in one place, and $8 in another, we are to look at what can be purchased with these sums where they are paid. It should be borne in mind that, when his c cook costs him $10 a month in the one place, and $100 in the other, the highest price is paid to the Secretary in the United States. As to the impossibility of collecting taxes-these taxes are to be paid by the farmers, shoemakers, carpenters, lawyers, and doctors. Now, a blacksmith at home, is very well content to make $2 a day. In this country he makes $20, and he is just as well able to pay a dollar tax here as twenty cents in the United States. The rates of pay fixed in the report are not out of proportion with the usual rate of wages. Gentlemen should not be alarmed at the high sound these amounts have. They should refer to the rate of wages here in other departments of labor. But he would say nothing more on that subject. He hoped it would be the pleasure of the House to determine the pay of the officers. He thought it proper, however, that the House should first take up that part of the report relating to the manner of obtaining the means. It is necessary to determine whether this fund with which General Riley proposed to pay the expenses of the Convention is tangible or not. By an examination of the official correspondence, it would be found that General Riley studiously reserves the right which he (Mr. Botts,) could not for one, accord to him, in effect to decide what are the necessary expenses of this Convention. In other words, if you apply to him to pay these expenses, he holds the right to veto the rate of salary which you may deem proper to adopt, by say ing that is unnecessary. General Riley is an old soldier and a gallant one; and he (Mr. Botts,) would sever his right arm from his body before he would bring the blush of anger to his cheek. It was not to him personally he applied his remarks,

but to a higher and greater authority. He found, upon glancing at the correspondence, that the President of the United States had dared to give orders for the dis posal of the civil fund. Every feeling prompted him to repel any proposition founded upon this state of things. Could any man doubt the illegality of such an order? Is there not a clause in the Constitution of the United States providing that no monies shall be drawn out of the public treasury, except in consequence of appropriations made by law? With such a clause staring them in the face, were gentlemen willing to ask any individual to do an act so clearly illegal? He was told expressly that these are the civil funds of the United States. Every member of this House was well aware that Congress has made no appropriation by which this money can be paid out of the Treasury of the United States for this purpose. It was a violation of the Constitution on the part of the President of the United States to give such an order. Will you aid or abet in this act? Will you have any hand in receiving or disposing of this money, which you can only get by a violation of the Constitution? The alien and sedition law was nothing to this. In the whole history of our Government, there never has been such a flagrant violation of the Constution, as that which is brought to your knowledge in this correspondence. That fund is, and must of necessity be, in the Treasury of the United States; it cannot be otherwise. He hoped it would not be urged upon him that it had never been in the Treasury. From the moment that money belonging to the United States comes into the hands of a collecting officer, it is in the Treasury. Deny it, and the people's money is at the disposition of every receiving and disbursing officer in the country. There never comes a dollar but comes through their hands. General Riley does undoubtedly what he was ordered to do; but that order was illegal, and you are aiding and abetting in an illegal act when you consent, much more propose to receive any portion of this fund. In the first place, he (Mr. Botts,) could not admit for one moment, that this Convention should appear at the footstool of any individual, and humbly ask that he should dole out to them such expenses as he deemed necessary. In the next place, he considered this whole affair an unclean thing; that the Executive of the United States had violated every obligation he had given to support the Constitution, and that this Convention would be equally culpable in accepting any portion of this fund. He designed to take no part in the difficulties which had arisen between General Riley and General Smith upon this subject; he had not a word to say about it; but whether it came from General Riley, or General Smith, or the President of the United States, he could not consent to touch cne cent of this money. As to the pay of members of this House, it would be more decorous and consistent with the dignity of the Convention, in his opinion, to leave others to fix that matter. It was just and proper that the pay of the officers should be fixed; but with regard to the members, he proposed to introduce in the schedule a clause providing that the first Legislature shall fix the rate and provide for the pay of members of this House. He thought there was no other mode of paying the officers than that usually adopted by similar bodies in the States-to refer it to the first Legislature. If it was the opinion of the House that, in consequence of the delay and inconvenience to which they would necessaraily be subjected, their salaries should be increased, he was prepared to allow them more.

Mr. JONES remarked that such was the discursive character of this debate, that he apprehended the original resolution had been forgotten. There was one great objection he had to the course of the majority of this Committee in getting the money from the hands of the civil government here. He thought it a greater objection than that argued by his friend from Monterey, (Mr. Botts.) The objection was this that it does not appear to be known whether there is any money there or not. We are told that if you give the officers of this Convention about what they could dig with their picks at the mines, they may in all probability be paid. He (Mr. Jones) did not suppose that an officer representing the Government of the United States here-an officer high in command-and whose reputation was