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of debts. It cannot provide a law of descents or distributions. It cannot provide for the punishment of crimes, except such as are committed against the Revenue or Postal Laws, and, perhaps, trespasses upon the public lands of the Federal Government. It cannot punish murder, arson, burglary, larceny or assaults, nor any of the crimes committed against the laws of the State of California ; nor can the Federal Government, or any officer thereof, grant a reprieve from, or commute or pardon any offence against the law of this state.

The Federal Government was made by the States, and was made for the States (that it was made for the States, is expressly declared in the preamble to the Constitution of the United States, wbich is the same ibing), and they can destroy it. But by this it is by no means intended to imply that a State, or any given number of them can secede at pleasure; for it is perfectly clear that both the Constitution and the Union were intended to be everlasting, but upon the reasonable covenant and condition, nevertheless, that the Federal Government would rule and govern in its particular sphere, and enact and enforce statutes only for which it could find authority in the written grant hereinafter referred to.

The minority of your Committee further report that if in the coming Presidential contest-less than one year to come—an attempt should be made to count the Electoral votes of the Southern States and the result of the election should depend upon the count of the vote of those States, a more disastrous struggle may ensue than ever did on the continent. The result may be two Presidents, both claiming to be President of all the people and the United States, with their partizans and political adberents in every neighborhood and section of this vast country, equally sanguine, zealous and conscientious—botb claiming to be friends of the Constitution, Union and Government. Yea, more : your Congress and Legislatures may be divided, the partizans of each arrayed in deadly bostility one against the other, the President and leaders of each faction claiming to be the legally elected representatives of the Government, and both struggling for the control and management of the army and navy, the revenue and treasure of the people.

The liberties of the people of all the States, the perpetuation of our form of Government, the welfare and happiness of generations in the future, may depend upon the issue.

Of course the minority of your Committee cannot predict witb any degree of certainty that such a calamity will follow; but profoundly impressed with a belief that no warrant of authority can be found, either express or implied, in the written grant for the enactment or enforcement by Congress of the so-called Reconstruction Acts, beg, with great respect to the opinions of others, earnestly to assure the Senate and the country of its convictions of threatened prospective danger in the attempt to count the Electoral vote mentioned in the resolution.

Further, report that no crime or offense committed by others, nor feeling of resentment toward them, should induce us to violate or neglect our reasonable public duty or be guilty of a great wrong to ourselves, and therefore recommend the passage of the resolution.

For minority of the Committee.


Committee on Mines and Mining Interests



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March 10th, 1868.

} Mr. SPEAKER : The Committee on Mines and Mining Interests, who were instructed by a resolution of this House to visit the rooms of the State Geologist, at San Francisco, to inquire into the progress of the Geological Survey, to report upon the propriety of continuing the same, and the probable appropriation required therefor, beg leave to report:

That, in conjunction with the Senate Committee on Mines and Mining, they appeared before the State Geologist, at his rooms in San Francisco, on Monday, February twenty-fourth, eighteen hundred and sixty-eight. Your Committee made inquiry into the financial condition of the Survey, and from statements submitted by Prof. Whitney, and on examination of bis accounts are of the opinion that the appropriations made by a preceding Legislature were fairly and legitimately expended, within the provisions of the Act creating the office of State Geologist and authorizing tbe Survey.

Owing to a meagre and inadequate appropriation by the Legislature of cigbteen hundred and sixty-five and eighteen hundred and sixty-six, the progress of the Survey has been less rapid and not as satisfactory as was hoped for and expected.

To keep alive the Survey in its various branches, the appropriation was exbausted several months before the meeting of this Legislature, and the State Geologist bas advanced about ten thousand dollars; besides which, a small amount is due to others in the employ of the State, for services wbich have been and are being performed.

Your Committee examined the specimens on exhibition, carefully classified and labelled in the various rooms of the State Geologist, embracing the mineralogical, botanical, ornithological and zoological departments, said to number more than twenty thousand specimens.

The geological department proper was represented by a large collection of metals and minerals, among the most useful of which were to be found gold, silver, copper, iron and lead ores, and cinnabar, sulpbur, coal, etc.

The botanical department held in preservation an extensive and complete collection of every herb and flower to be found in tbe State.

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The specimens in ornithology were numerous and exhaustive, comprising birds and fowl both useful and beautiful.

The zoological cabinet contained the exhumed frames of animals of the present and medieval ages of the earth, including the megasthenic mammalia coupled with the piscine remains of a diluvian period.

The topographical feature of this great work is evidenced by a number of finely drawn maps completed, and many more in various stages of progress. These maps are bought with avidity in this State, in the Eastern States and in Europe, and the sale of them, when the set is complete, promises to be immense. By law, the sums derived from this sale are paid to the credit of tbe State School Fund, and give promise of aidiny materially in supporting our common schools. The different branches of science embraced within the scope of this survey are being wrought up under the care of eminent Eastern professors; and, when completed and published, will present an able and exbaustive treatise on the geology, zoology and botany of this State and a valuable auxiliary to the text books used in our common schools and State Universities of learning

Like all great public enterprises, this Survey has grown upon its projectors and patrons, in extent and importance, as the work progressed. The utilities, curiosities and wonders, the result of geological investigations in this State, bave been various and many, and bave opened a vast field for the researches of the merely practical, as well as for antiquarian and scientific investigation.

Scientific research, then, under the auspices of this State Survey, having developed in mineralogy the existence of metals and minerals hitherto unknown, and having thus added to the material and prospective wealth of the State and the individual, the eyes of all classes of citizens are looking with interest to the full, rapid and successful accomplishment of this survey.

This Legislature may fail to make proper appropriation for its continuance; but ultimately, and shortly too, this work will be resumed. Sball this work, now in some branches nearly completed, and in all others in a fair way of progression, be permitted to die, and the sum of one hun. dred and twenty five thousand dollars already expended be lost to the State and the citizens thereof, who deemed the survey a necessity, inaugurated it and sustained it thus far? The connecting links in the chain of our progressive development should not be broken, in the judg. ment of your Committee, by either apathy or antipathy on the part of the members of this Legislature to the granting of an appropriation ade. quate to and commensurate with the rapid and successful completion of this work—peculiar, distinctive and necessary to us as the greatest and richest of States for minerals known. Our State is about to establish, under the patronage and subsidies granted by and asked for from Congress, a College of Mines. This College should receive that further and appropriate endowment—the scientitic and practical knowledge to be gained only by the full completion of this State Survey.

Under the estimates of the State Geologist, the amount of money yet required to be expended to fully complete the work is one hundred and twenty thousand dollars-sixty thousand dollars of which are asked for at the present session. With the amount asked for, the State Geologist assures us this survey can and will be completed within four years from this time.

The want of proper information with regard to the progress and utilities of this work, and the necessary cost attending its prosecution, bas

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