Mr. HALLECK suggested a slight alteration to the resolution. That this Com. mittee should report the names of the persons who had received the highest num. ber of votes from their respective districts according to the apportionment agreed upon by the House. If any person claiming a seat should not be included, the question would come up on his case, and be decided on its own merits.

Mr. Borts accepted the amendment. The question recurring on the resolu tion, as amended, it was adopted.

Mr. HALLECK stated that he had received a few moments since some additional election returns.

On motion, they were received, and ordered to be laid before a committee. The CHAIR appointed, as such Committee, Messrs. Shannon, Hoppe, and Dent. Mr. SEMPLE suggested that there was a good deal of business to transact, which might be done during the sitting of this Committee. It was important to determine what officers were necessary. This could be done while the Committee was preparing its report.

Mr. NORTON thought it hardly fair to go into any business whatever until it was first ascertained who were entitled to seats. It would then be time to go into the election of officers.

Mr. SEMPLE said, that if the House proceeded according to any established rules, it had no right to determine on the sitting of members until it was fully organized. It was necessary that there should be some members at least to proceed to business before this question could be determined. He did not mean to say that it was absolutely necessary for the House now to commence confining itself to rules before it was organized, but to facilitate business under present circumstances, having gone so far astray from all parliamentary custom, he thought it advisable to determine what officers were necessary, and to elect them without further delay.

Mr. GWIN believed the gentleman was entirely mistaken. It was well known that for weeks and weeks the Congress of the United States was in session under just such a temporary organization, on the famous Jersey question. He considered the present organization of the Convention perfectly legitimate. He hoped there would not be a solitary step taken, except on the admission of members, until every member entitled to a seat was admitted.

Mr. GILBERT read a portion of Cushing's Manual on this subject, [page 10, section 6,] which he thought settled the question.

On motion of Mr. GWIN, the House took a recess of one hour.

AFTERNOON SESSION, 2 O'CLOCK, P. M.

The Convention met pursuant to adjournment.

Mr. SHANNON, from the Special Committee appointed this morning, made a report, which, on motion of Mr. Gwin, was adopted; viz:

Your Committee has the honor of reporting the following as the "names of the persons who have received the highest number of votes in the several districts, equal to the apportionment adopted by the resolution of to day," and additional to those already returned as elected by the Governor, to this Convention, viz;—

Los Angeles-Hugo Reid, Luis Rubideaux, Manuel Requerra.

Santa Barbara-Manuel Imeno, Jacinto Rodriguez, Amitasio Carillo.

San Jose-Pedro Sansevaine, Julian Hanks.

San Francisco-W. D. M. Howard, Francis J. Lippitt, A. J. Ellis, R. M. Price.

Sonoma-Richard A. Mawpin, James Clyman.

Sacramento-L. W. Hastings, John Bidwell, John S. Fowler, M. M. McCarver, John McDougal, E. O. Crosby, W. Blackburn, Jas. Queen, R. M. Jones, W. Lacy, C. E. Pickett. San Joaquin-B. F. Lippincott, S. Haley, C. L. Peck, B. F. Moore, M. Fallon, B. Ogden, J. M. Jones, T. L. Vermuile, O. M. Wozencraft, George A. Pendleton, Jeremiah Ford, Colonel Jackson, B. L. Morgan, Walter Chipman.

Mr. GILBERT moved that the Convention now proceed to the election of a President.

Mr. SEMPLE suggested the propriety of first determining what officers were necessary to complete the preliminary organization of the Convention.

Mr. BOTTS said that the election of President was first in order.

Mr. McCARVER moved that the election be conducted by ballot.

Mr. HOBSON submitted the following:

1. In the election of officers of this Convention a majority of all the votes given shall be necessary to a choice.

2. In voting for the officers, where several candidates are presented, the lowest on the list shall be dropped until a selection is made.

3. In the election of officers of this Convention members shall vote by ballot.

Mr. McCARVER insisted on his motion.

Mr. Borrs hoped that it would not be the pleasure of the House to vote by ballot. He thought it a principle that should be observed here, that it was a representative body, and that those who were represented had a right to know the manner in which members disposed of their votes. They were not here casting their own votes, but the votes of others. He preferred calling by name the individual for whom he voted, when representing the will of others. He therefore proposed to amend the resolution by striking out the word ballot, and insert viva voce. Mr. SHERWOOD preferred the adoption of the original resolution. The remarks of the gentleman were true, as a general rule. But in the selection of officers where there was no principle involved, and where there might be personal feeling, it was usual to vote by ballot. He hoped the gentleman would withdraw his amendment.

Mr. BOTTS could not consent to withdraw the amendment. He did not believe there would be any personal feeling. As to the principal, he could tell gentlemen there was frequently a great deal of principle involved in the election of officers. His constituents had a right to know his vote, and he insisted upon his amend

ment.

The question was then taken, and the amendment was rejected.

The question then recurring on the original resolution,

• Mr. NORTON moved that three tellers be appointed to count the votes, which was agreed to.

Mr. CARILLO said there were certain members from below, who were entitled to seats under the resolution adopted by the House. He moved that they be sent for.

The CHAIR stated that there was no officer to send for them.

Mr. HALLECK moved that the Convention take a recess till 3 o'clock, in order that the absent members who were in town might be sent for. Adopted.

AFTERNOON SESSION, 3 O'CLOCK, P. M.

The roll was read. Messrs. Norton, Snyder and Jones were announced by the Chair as tellers appointed under the motion of Mr. Norton.

A discussion as to which resolution had precedence having arisen, The CHAIR stated that the question before the House was on the adoption of the amendment offered by Mr. Hobson to the resolution of Mr. McCarver.

Mr. McCARVER objected to the amendment on this ground: That it was fixing the rules of the House by resolution. It also prevented persons from becoming candidates, who might possibly be the ultimate choice of the Convention. The candidate having the least number of votes could never be reconsidered. This was forestalling all further action, and was different from any custom with which he was acquainted.

Mr. SEMPLE also objected to the amendment. He thought it was not customary to withdraw the hindmost candidate. The usual plan was to continue to ballot until some member received a majority of the votes.

Mr. BOTTS considered this objection unfounded. The member dropped would have a right to be renominated.

Mr. McCARVER was of opinion that in passing this resolution a rule of the House was adopted, and the candidate under that rule could not become a candidate again. Mr. HALLECK moved to strike out the second article of Mr. Hobson's proposition, which was agreed to.

The question recurring on the proposition as amended, it was adopted.
The Convention then proceeded to the election of a President.

On motion, Messrs. Norton, Snyder, and Jones were appointed tellers. Upon counting the ballots, it was announced to the Convention, by the tellers, that Robert Semple, of the district of Sonoma, was duly elected President. Messrs. Sutter and Vallejo were appointed a committee to escort the President to his seat.

PRESIDENT'S ADDRESS.

Fellow-citizens of the House of Delegates of California: While, with an open heart, I feel grateful for the honor conferred upon me, yet I must say that I feel a regret that it has not fallen into abler hands. I shall expect a due feeling of forbearance on your part. What services I am capable of rendering shall be rendered freely and impartially. So far as the duties of the President of this Convention shall devolve upon me, I shall use every effort to perform them with as much moderation as I can, and as nearly as practicable with justice and attention to the right. We are now, fellow citizens, occupying a position to which all eyes are turned. The eyes not only of our sister and parent States are upon us, but the eyes of all Europe are now directed toward California. This is the preliminary movement for the organization of a civil government, and the establishment of social institu tions. You are called upon, by your fellow-citizens, to exert all your influence and power to secure to them all the blessings that a good government can bestow upon a free people. It is important, then, that in your proceedings you should use all possible care, discretion, and judgment; and especially that a spirit of compromises should prevail in all your deliberations.

It is to be hoped that every feeling of harmony will be cherished to the utmost in this Convention. By this course, fellow-citizens, I am satisfied that we can prove to the world that California has not been settled entirely by unintelligent and unlettered men. I am sure that the present population of California is well calculated to strike the world with, at least, a degree of that admiration which our rapid progress in wealth and prosperity has done. Although the progress of California in point of wealth, has been beyond all previous anticipations, yet her progress in population has been still greater. So far from this population consisting of persons who had nothing to do at home, it has drained from the States many of the best families and most intelligent men in the country. The knowledge, enter prise and genius of the old world will reappear in the new, to guide it to its destined position among the nations of the earth.

Let us, then, go onward and upward, and let our motto be, "Justice, Industry, and Economy."

On motion of the PRESIDENT, an invitation was extended to Governor Riley to a seat on the floor of the House.

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

Resolved, That the Convention elect one Secretary, two Assistant Secretaries, a Reporter, a Sergeant at Arms, and a Doorkeeper.

Mr. PRICE moved that the rules of the House be suspended, and nominated Mr. Hartwell as Interpreter and Translator. Adopted, viva voce.

The House then proceeded to elect a Secretary and Assistant Secretaries; whereupon Wm. G. Marcy received a majority of votes, and was declared duly elected Secretary.

Caleb Lyon received a majority of votes as First Assistant Secretary, and was declared duly elected.

J. G. Field received a majority of votes as Second Assistant Secretary, and was declared duly elected.

On motion of Mr. GwIN, a committee of three were appointed to report upon the subject of a Reporter for the Convention. Messrs. Gwin, Dent, and Gilbert, were selected as such committee.

The House then proceeded to the election of a Sergeant-at-Arms; whereupon, Mr. Houston, having received a majority of the votes, was declared duly elected. On motion of Mr. GWIN, the rules were suspended, and Cornelius Sullivan was elected Doorkeeper, viva voce.

Mr. VALLEJO moved that a Clerk be appointed to assist the Interpreter and Translator.

Mr. PRICE moved the following resolution, which was adopted:

Resolved, That the President appoint a Committee of three to call upon the clergy of Monterey, and request them to open this Convention each day with prayer.

Committee-Messrs. Price, Larkin, and Norton.

Mr. GWIN then offered the following resolution :

Resolved, That a select committee, composed of two delegates from each district, be appointed by the President, to report the plan or any portion of the plan of a State Constitution for the action of this body.

On motion of Mr. PRICE, the above resolution was made the special order of the day for to-morrow.

A motion for adjournment was made and lost.

Mr. PRICE offered the following resolution:

Resolved, That a Clerk be appointed to the Interpreter and Translator.

Adopted.

On motion of Mr. GWIN, the rules of the House were suspended, and Mr. W.' H. Henrie elected (viva voce) to the office of Clerk to the Interpreter and Translator.

Mr. GWIN then submitted the following resolution, which was adopted:

Resolved, That the parliamentary law as laid down in Jefferson's Manual, so far as applicable, be the law of the Convention, until otherwise ordered.

The Convention then adjourned until 10 o'clock, A. M. to-morrow.

WEDNESDAY, SEPTEMBER 5, 1849.

The Convention met pursuant to adjournment. Prayer by the Rev. Padre Antonio Ramirez.

Mr. GWIN inquired whether there was a quorum present.

The CHAIR stated that, by a resolution passed yesterday settling the ratio of representation in the several districts, the whole number of members who should be here was fixed at sixty-nine. It would then require thirty-six to form a quorum for the transaction of business, which was about the whole number present. In all regularly organised legislative bodies, it would be beyond their reach to change this order of things; but the Convention was an original meeting of the people, through their representatives, to form a system of laws, and its organization was legitimately under its own control. He thought some provision should be made to facilitate business. It would now require too much time to send emissaries throughout the country to compel the attendance of the members elected.

Mr. GWIN said it was for that very reason that he made the inquiry. He was perfectly confident that no instance could be given of any deliberative body transacting business without a quorum of its own members. The report of the Committee named the persons elected. It would be impossible to get over the difficulty by requiring the attendance of these members. There was but one

remedy that he could see-to give the power to those present to represent the absent members of their respective districts. Then the House could always have a quorum.

Mr. HALLECK was opposed to any proceeding of this kind. Although the House might give the votes of a whole district to two or three members of that district, it would be altogether improper, if not impracticable, to make those members serve for fifteen person in forming a quorum. This difficulty he anticipated at the outset, and had mentioned it to the members, when the committee fixed the number for each district. To adopt the plan suggested would only get the House into still greater difficulty. There would be several additional members present in a few days, and with them he thought a quorum could be formed.

Mr. GWIN said if the gentleman would suggest a remedy he would cheerfully agree to it. He was not personally in favor of the plan which he had thrown out, but it occurred to him as the only alternative within their reach.

Mr. DIMMICK observed that there was a quorum now present, and he hoped the House would proceed to business.

Mr. CROSBY moved that the officers and members of the Convention first take the oath to support the Constitution of the United States.

Mr. BOTTS moved to postpone the order of the day for that purpose.

Mr. GWIN was willing to waive, but not postpone the order.

The CHAIR deemed it necessary that the body should first be organized. It was for the House to determine whether or not that course should be adopted. It was either organized, or not organized. The question would be whether the members should take the oath before proceeding to business as an organized body. Which was put and determined in the affirmative.

Mr. GWIN suggested that the President be sworn by some legal officer of the city. He thought the Judge of the Supreme Court, who was present, could do it, and then swear in all the other members. The Judge or Alcade should perform this duty.

The CHAIR said if it was the will of the House, the Secretary of State could swear in the President, and the President could then administer the oaths to the members as a body.

Which was adopted; and the President of the Convention was duly sworn by the Secretary of State; after which the President administered the oath to the

members.

ORDER OF THE DAY.

Mr. GWIN's resolution being the order of the day, was then taken up and read. Mr. HALLECK wished to propose a substitute, for the purpose of getting an expression of the sense of the House on two points. He had very little doubt as to the result; nevertheless, as many wished their views to be known on that subject, he desired to make the two points separate and distinct. It was with res pect to a State or a Territorial form of government. He therefore moved that the resolution be so worded as to give a direct expression of opinion on each point, whether the plan of a State Government was desired, or whether the Convention should propose to Congress a plan of a Territorial Government.

Mr. McCARVER said, that if the question was whether any other than a State Government should be considered, he was willing the vote of this House should be taken to decide it, but he was not willing to sit here and take any other plan into consideration.

The CHAIR stated that the question was on the amendment of Mr. Halleck. Mr. GWIN could not agree to accept this amendment as a substitute for his reso. lution, because it embodied precisely the same thing. The resolution submitted by him was open to discussion. If there be any objection to a State Constitution, the questien of a Territorial Government is thrown open.