Mr. HASTINGS hoped the question would not be taken to-night, as several gentlemen were absent who desired to vote on it.

Mr. HALLECK explained that the question was on the amendment of the gentleman from San Francisco (Mr. Gwin) as amended by himself.

After some discussion it was decided that the question should be put, so as to test the sense of the Committee in regard to which proposition it preferred-the joint proposition of Messrs. Gwin and Halleck, or the amendment of Mr. McDougal, and it was decided in favor of the former by Ayes, 16; Noes, 13.

Mr. SHANNON moved as an amendment his propositon.

The CHAIR decided it to be out of order, inasmuch as the House had, by the vote just taken, determined to accept the proposition of Messrs. Gwin and Halleck.

Mr. Borts asked if the Chair was very sure of the correctness of this decision? Were they all substitutes for the report of the Committee? Was this body entitled to consider no other proposition than that of Messrs. Gwin and Halleck?

Some discussion took place on this point of order; an appeal was taken from the decision of the Chair, and the decision of the Chair was sustained.

Mr. MCDOUGAL. I am exceedingly anxious to get through this matter, and I hope it may be settled to-night. We have two propositions before the House-one from a committee, and one from a celebrated firm or co-partnership. There are some features in the report of the committee that I do not like, but still my objections are not insuperable. The committee agree in their report that they ought not to go beyond the Sierra Nevada, because it is an interminable barrier, and destroys any political relation between the two countries. But in the face of this argument they draw a line in fixing their boundary two hundred and fifty miles beyond the crest of the Sierra Nevada, taking in, according to the description of the Chairman, a most beautiful portion of the Territory of California. The chairman of the committee states that it is a fine agricultural country, and affords ample resources for a large population. If this be true, it will be at once filled up by the hardy yeomanry of our country. It will present a population of several thousand very soon. But the Sierra Nevada forms a barrier to the extension of our laws over them Then why adopt it? You leave them without any government. They must adopt a government for themselves. This is the line proposed by the committee. Their argument is good as far as the snowy ridge, beyond that it fails; but if we are to have the alternative left to vote for that line, or include the whole territory, I shall vote for the alternative proposed by the committee. In regard to the line of the firm (Messrs. Gwin and Halleck) I see many objections. It is very loosely and carelessly drawn up. They have no ocean line. They simply take the land line of the ocean. It is usual to have a water line to which the jurisdiction of the State shall extend. That is a material objection. They then, in the same amendment or substitute, define the eastern line as laid down in the official maps and the treaty of peace. I think by that construction we might run through Minesota, Missouri, and Lake Superior. We have no specific boundary. If we adopt this grand and indefinite line, running up northerly, perhaps to the Russian or British boundary, and easterly to Lake Superior, it is but reasonable to presume that both the North and South will reject us. They will send our Constitution back with this message—Gentlemen, define a modest boundary and we will admit you. It is said, Mr. Chairman, that we have had an emissary here-a political emissary, from the present Administration, the powers that be at Washington-to urge upon California to relieve them of the Wilmot proviso; and it seems that the only way we can relieve them, is by adopting the whole territory as one State. If the President of the United States does not wish to shoulder the responsibility of the Wilmot proviso, he ought certainly never to occupy the chair that he does; certainly he ought not to throw upon us the task of relieving him. All we want, is a reasonable extent of territory for a State. Leave the balance for legislation by Congress. If, in adopting the proper limits of our State, we do not relieve the subject of slavery for the territory beyond it, we are not to be held accountable for it. It is for the North and South to determine it in Congress. The territory embraced within the smallest proposed line is double the extent of any State in the Union. Why do we desire more? It will give us no additional power. There are some upon this floor, Mr. Chairman, who appear to think that the whole of this territory belongs to us; that Congress has nothing to say in relation to it; that we should dictate to them where our line shall be, and they shall not take from us one inch. I wonder if the confederacy of the United States did not pay her blood and treasure for every foot of this territory. We are assuming extraordinary powers when we say we have the exclusive control over the public property. Surely gentlemen forget that every State in the Union assisted in the purchase of this territoty. Now we all know what the Ameri

can people are; they propagate very rapidly; and if we adopt this extreme line, we would soon present a phalanx that would rule all the States of the Union. They are not going to give us a club to break their own heads with; they would send back our Constitution, and say, gentlemen, adopt some reasonable bounds, and we will admit you.. What would be the consequence? We would have to call another Convention to define another boundary. It would take more than a year. In the mean time you have a vast multitude of people here from every portion of the world, without law or government. Already, and before I left the Sacramento, there were coming in from the slave States persons with their slaves to go to the mines. Doubtless by this time there are hun

dreds more. If we adopt this line, we will find the whole cotton plantations of the South depopulated of their negroes; they will work a few months in the mines, and then be told that they are free. It is an evil that California can never get rid of, if we have any delay in the reception of this Constitution by Congress. I speak this seriously. Mark my words, it will be the result, if this Constitution comes back for amendment. The gentlemen from San Francisco (Mr. Gwin) makes a great flourish here about something that Louisiana has done; then he quotes from Iowa and Michigan what they have done. I do not conceive that there is anything in the argument. Their history and condition are entirely different from ours. We stand here in a peculiar attitude, different from any other State ever admitted into the Union. If these States had any difficulty about the extent of their boundaries they did not mind waiting two or three years. Congress was near to them, and could come to some understanding with them in a short time. But we stand here, several thousand miles distant from the seat of Government, with an immense population from every part of the world. We have no laws to govern them. It is absolutely essential to our political existence that we have some substantial laws to govern this immense mass of beings who are within our borders-people who have lived under every variety of law and government, and many of them under no government at all. The protection of government is required to keep them from reverting to an absolute state of barbarism; and, sir, it is my earnest desire to secure it for them without delay. If ever there was a period when delay would be fatal to us, it is now. I trust the committee in its action on this question will take these facts into consideration.

The question was then taken on the amendment of Mr. Gwin, as amended by Mr. Halleck, to the original report of the committee, and it was adopted, by ayes 19, noes 4-as follows:

The boundaries of California shall be as follows: beginning at the point on the Pacific ocean south of San Diego, to be established by the Commissioners of the United States and Mexico, appointed under the treaty of 30th May, 1848, for running the boundary line between the territories of the United States and those of Mexico, and thence running in an easterly direction, on the line fixed by said Commissioners as the boundary, to the territory of New Mexico; thence northerly on the boundary line between New Mexico, the territory of the United States, and California, as laid down on the "Map of Oregon and Upper California, from the surveys of John Charles Fremont and other authorities, drawn by Charles Preuss, under the order of the Senate of the United States, Washington city, 1848," to the 42d degree north latitude; thence due west, on the boundary line between Oregon and California, to the Pacific ocean; thence southerly along the coast of the Pacific ocean, including the islands and bays belonging to California, to the place of beginning.

But the Legislature shall have power, by the votes of a majority of both houses, to accede to such propositions as may be made by the Congress of the, United States, upon the admission of California into the national confederacy and Union, (if they shall be deemed just and reasonable,) to limit the eastern boundary of the State to the Sierra Nevada, and a line drawn from some point in that range to some point on the Colorado or Gila river, or to limit such eastern boundary to a line running from some point on the 42d degree of north latitude, between the Great Salt Lake and the Sierra Nevada, to some point on the Colorado or Gila river, as aforesaid, and to organize by Congress a Territorial Government for that portion of California east of this boundary, or to admit it into the Union as a distinct and separate State, and the Legislature shall make declaration of such assent by law.

On motion, the committee then rose, and reported its action to the House, which report was received and laid upon the table.

On motion, the House then adjourned.

TUESDAY, SEPTEMBER 25, 1849.

In Convention. Prayer by the Rev. Padre Antonio Ramirez. yesterday was read and approved.

Mr. HASTINGS offered the following resolution:

The journal of

Resolved, That this House adjourn sine die on or before 12 o'clock, M., on Saturday next.

He did this because it would give the Committee sufficient time to transact all the business before it, and he thought by having an understanding as to the exact time when it would adjourn, the business could be concluded, and the members return to their homes. He believed the principal business was finished; and that the Committee on the Constitution had concluded its labors, with the exception of the schedule.

Mr. JONES protested against the resolution. The Convention had not, by any means, decided the most important questions before it; and if it was tied down to a certain time, there might be haste in its action, which would be felt for some time to come.

Mr. DIMMICK believed that a majority of the members were ready to vote upon all questions that might come up hereafter. He trusted the resolution would be adopted; and that gentlemen would shape their debates accordingly. For one, he was anxious to get through the business and go home; and he believed the majority of the delegates shared the same anxiety. The most important question to be deded was the judiciary system. This would not require debate; it would only be necessary to consider it calmly and deliberately, and then vote upon it.

Mr. HALLECK moved to amend the resolution by saying Monday at 12 o'clock, so as to give the Convention Saturday night. By adjourning on that day the Southern members would still have time to go home in the steamer.

Mr. LIPPITT, for one, would be obliged to record his vote against the resolution. It was the first instance on record, he believed, of a Convention adjourning in this way. Such things were common in Legislative bodies; but the members of this Convention were not sent here to form acts which might be rescinded or repealed in a few months. They were sent here to form a permanent Constitution; to settle the great principles upon which legislation itself should be conducted in this State for all time to come. He thought that a few days more or less, upon questions of such momentous importance, not only to ourselves, but to the millions who are to occupy this country hereafter, was of no sort of consequence when compared with the importance of the object. He thought it clear that the tendency and necessary effect of the adoption of such a resolution fixing a day so near, must be to hurry measures of great importance through in an imperfect form, and prevent that deliberate exercise of judgment so necessary in forming a fundamental law of government. If there was any thing that should be deliberately done, it was the revision of the Constitution as partly adopted in Committee of the Whole. Much time had been spent in debate. Reason had not had full scope owing to the mists of excitement. Now was the time, after the excitement of debate, when reason should have its full sway, undisturbed by prejudice or feeling. For these reasons, he thought it inexpedient to fix a day of adjournment, and would therefore oppose the resolution.

Mr. HASTINGS accepted the amendment of the gentleman from Monterey, (Mr. Halleck,) fixing the time on Monday.

Mr. DIMMICK said that some of his friends wished him to make a suggestion. The business of the Convention could be finished by Monday, and then if any gentleman wished to make long speeches, they could do so after the adjournment.

Mr. LIPPITT reminded the House that the Schedule had yet to come up, and there were questions in it which would necessarily give rise to much debate.

Mr. JONES referred also to the fact that there was a rule of the House which could not be reconsidered without one day's notice, requiring an entire day for the final reading of the Constitution. Mr. GWIN gave notice of rescinding that rule.

Mr. JONES moved to lay the resolution on the table.

The motion was decided in the affirmative by ayes 18, noes 16.

Mr. DIMMICK gave notice that Mr. Pedro Sansevane, a delegate elect from San Jose, was present, and being entitled to take his seat under the report of the Committee on Elections, he asked that Mr. Sansevane be sworn and permitted to take his seat.

Mr. SANSEVANE was accordingly sworn, and took his seat.

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

Resolved, That the Committee on Finance be instructed to report on the compensation of members of this Convention.

Mr. GWIN said he made a report some days since, from the Committee of Ways and Means. He now moved that it be taken up and read, which was agreed to, and the report was read by the Secretary as follows:

The Committee appointed to report on the ways and means of defraying the expenses of the State Goverment to be adopted by this Convention, beg leave to submit the following report:

That the position of California is anomalous and different from that which any portion of the United States ever occupied. Like Louisiana and Florida, it is a purchase; but while they had the benefits of Territorial Governments, California has been left without any. A question of exciting interest and importance in the United States has so divided Congress that all attempts to establish a government for this country have failed, and the necessity is forced upon California of forming a State Government in her present unprovided state. This is no fault of the people of California, nor should they be oppressed by it. The United States, up to the present time, have always provided governments for their Territories, and paid from the national treasury the expenses incident to the building up of a State in an unsettled country. Why should this be denied California? No portion of the territory of the United States ever more needed the paternal care of a Territorial Government. We are without public buildings, court houses, jails, roads, bridges, or any works of internal improvement. The prices of building materials and labor of every class

are excessively high; we are without a dollar belonging to the people, nor can we raise one but by levying taxes, which no population were ever in a worse condition to bear. In the lower portions of the Territory, commencing partially in the District of San Jose, and extending to the Mexican boundary, the laborers have abandoned their ranches and gone to the mines. Hence the owners of property in this section of the Territory are nearly ruined, by having to abandon their farms for want of laborers, and are losing their herds for want of persons to attend them.

Ranches that yielded an income equal to six per cent., or $100,000, three years ago, now produce nothing. The discovery of the gold mines has inflicted the deepest injury on this portion of the "Territory, where but two years since were concentrated its wealth and population. The smallest amount of taxes that would justify the appointment of an assessor and collector would be oppressive to these people, already reduced to poverty, and their ranches going to ruin for want of laborers, and no one can state the time when a different result may be realized.

In the upper and more recently populated districts the vast majority of the people have no property to be taxed, except the gold they dig out of the earth, and which would be difficult, if not impracticable, to reach by taxation. In the towns that have sprung up, something might be collected; but like all new communities they make the most of their limited capital, and taxes would be severely felt by them. It is difficult to raise by taxation in these towns where is concentrated most of the active capital of the country, an amount sufficient to support a municipal government, the expenses are so great to get competent persons to hold the offices, administer justice, and collect the revenue. When laborers and mechanics can command for their services from ten to twenty dollars per day, competent persons to collect and disburse the revenue must be well paid. These, in a Territorial Government, would be dispensed with, which is one of the great advanta ges which would accrue to the people of California under such a form of government.

The Committee have not access to the proper statistics, to lay before you a general statement of the amount each of the States, who have had a Territorial Government, received in support of such form of government from the Treasury of the United States. This is much to be regretted, as it would be an irresistible argument in favor of the plan the Committee feel called upon to propose to the Convention to provide ways and means to support the Government we are about to form.

The Committee have attached to their report a statement of the number of years that each of said States, fourteen in number, had the benefit and protection of a Territorial form of Government, in some cases extending to more than thirty years.

Without having time to go further into the subject, the Committee recommend that a memorial be prepared to be laid before Congress, with the Constitution we may adopt, showing the necessity we are under of calling on that body to provide for the support of a State Government, by the donation of a portion of the public domain, or by appropriating from the moneys collected in California from the customs and sale of the public lands such amount as may be necessary for that object.

This proposition, in the opinion of the Committee, for reasons herein stated, is based upon a principle of right, and should be insisted upon as such.

In the opinion of the Committee, any system of taxation at present might fail in the object of revenue, and they believe that, when the necessity or policy for adopting this measure may arise, the Legislature will be the proper authority to provide for the case.

All of which is respectfully submitted.

W. M. GWIN.

The undersigned, a member of the Committee, finds great difficulty in organizing the "ways and means" best adapted to the present peculiar and unprecedented circumstances in which the State is placed, but would recommend as the most eligible plan, that the Legislature be empowered to raise the proper revenue for defraying the State expenses by levying an Income Land Property Tax, which shall not exceed one quarter per cent.; as likewise a Poll Tax, which shall be left to the Legislature to decide upon, both in relation to the amount as well as the manner of carrying out the same. A. STEARNS.

On motion, the House then resolved itself into Committee of the Whole, Mr. Lippitt in the chair, on Article VIII, on Education, as reported by the Select Committee on the Constitution.

-COMMITTEE OF THE WHOLE.

The first section was read as follows:

SEC. 1. The Legislature shall provide for the election by the people of a superintendant of public instruction, who shall hold his office for three years, and whose duties shall be prescribed by law, and who shall receive such compensation as the Legislature may direct.

Mr. SEMPLE had an addition which he wished to append to the report.

Mr. MCDOUGAL thought this a proper subject for legislative action. He would therefore move an amendment, that it be left to the Legislature to elect these superintendants.

Mr. McCARVER was decidedly in favor of placing every thing in the hands of the people, and particularly the subject of School Commissioners.

Mr. MCDOUGAL withdrew his amendment, and the question being on the 1st section as reported, it was adopted.

The 2d section then coming up, as follows, viz:

2. The Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvements. The proceeds of all lands that may be granted by the United States to this State for the support of schools which may be disposed of; and the 500,000 acres of land granted to the new States under an act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. 1841; and all estates of deceased persons who may die without leaving a will or heir; and also such per cent. as may be granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the Legislature may provide, shall be inviolably appropriated for the support of public schools throughout the State: Provided, That the Legislature may, if the exigencies of the State require it, appropriate to other purposes the revenue derived from the 500,000 acres of land granted by Congress to new States, A. D. 1841; and also the rents and profits of all other unsold lands not granted by Congress for the support of education.

Mr. BOTTS. I move to strike out the proviso. It seems to me to be inconsis tent with the previous portion of the section. In one part you say that the proceeds of these lands shall be inviolably appropriated to the support of public schools. Yet, then turn round and say, provided the Legislature shall not enact laws to the contrary. Either the first clause or the last should be stricken out. It is an absurdity in its present shape. The exigencies of the State, you say, may require it. You leave the Legislature to judge of what are the exigencies of the State. The main object of the provision, I presume, is to prohibit the Legislature from appropriating this fund to any thing else. I cannot see how a friend of this school fund could vote for this proviso.

Mr. SHERWOOD. The object of the Committee in putting in this proviso was not to prevent the formation of a munificent fund for the support of education, but in case the terms of the act of Congress of 1841, granting five hundred thousand acres of land to the new States, shall not be altered by Congress, that the State should have the power to locate these lands where they please. If that location covered half a mile or a mile on each side of every river in California, it would give to the State the title to all the principal mining portions of the territory. This being the case, it is evident that the State Government would have to make some use of these lands on the rivers for the purpose of contributing to the support of the State, from which they would derive some revenue. This proviso does not touch all thelands that are granted by Congress for the purpose of schools. Sections of lands are located in each township by Congress, for the support of schools. It barely refers to the rents and profits that may be derived from any lands. The Committee thought that 'his should be left open to the Legislature, because if you devote it all to the support of education, it might make too large a fund for the support of education. At any rate, it might deprive the State of the means of supporting it. self without too onerous a taxation, because the rent from the gold mines might be conceived to be all that is necessary to impose on the persons engaged in dig. ging the gold.

Mr. McCARVER. The Congress of the United States will never admit a State into the Union, nor never has, since the origin of the territorial system, when Ohio came into the Union, without making it a condition that the 16th section should be reserved and set apart for school purposes. I do not recollect the amount that is set aside for the benefit of a State when it comes into the Union. Some few of the States, Iowa the first, I believe, determined that this fund should be placed in the hands of a School Commissioner and held sacred for the purposes of education. The General Government acquiesced in it, and allowed them this privilege. Now, sir, if we can locate in the gold mines and procure a fund sufficient to educate our children without calling upon the parents to do so, we should do it. I am deciedly in favor of placing every farthing that we can, and secure it