Fellow Citizens of the Senate and House of Assembly:
You are permitted to assemble under circumstances calculated to awaken your gratitude to the Dispenser of all good, for the many blessings bestowed upon us, and to inspire us with increased confidence in the stability of our institutions. At no period, since the organization of our State Government, have we enjoyed such uninterrupted prosperity, – in health, in the development of our agricultural and mineral resources, – as during the past year.
The series of measures adopted by the last Congress, for the adjustment of the sectional differences unhappily existing in our Union, have realized, in a great measure, the objects of their beneficent purposes. Hostility to Slavery, and to its extension to the newly acquired Territories, has characterized the political action of one portion of our union; while, in another, an active element of party movements has been a determined resistance to the Compromise Measures, there regarded as an encroachment upon constitutional rights. Whatever may be these local views and prejudices, the admission of our State into the Union, as one unfettered by Slavery, has had the effect in a great measure, to quiet the agitation which has threatened the destruction of our Union, and to place it upon a more lasting and enduring basis. It is our duty, therefore, to adhere strictly to the measures enacted for the quieting of this vexed question of Slavery, until time and experience shall demonstrate the necessity of further action on the part of the people. I would, therefore, suggest that laws be passed to carry out effectually the provisions of the Compromise measures which relate to Fugitive Slaves.
A subject which has assumed a degree of importance not to be overlooked, by the Executive and Legislative branches of the State Government, is that arising from the operation of our system of taxation, in the alleged inequality with which it operates upon the different sections of the State. It is declared by citizens of the Southern counties, which are essentially agricultural and grazing, that under the present State organization and laws, they are overburdened with taxation for the support of the State Government, from which they derive little benefit, while the Northern mining counties more favored in this respect, bear but a small proportion of the burdens of taxation. They say, also, that while the taxes which they pay are double those paid by the mining counties, their representation in the Legislature is only one-third as numerous. From an examination of the taxes assessed upon real and personal property, and of those returned as delinquent, which will be seen by reference to the Report of the Comptroller of State, (See Appendix A,) the six Southern and grazing counties, with a population pf 6,367 souls, as taken from the census returns, have paid into the Treasury for the fiscal year ending the first of July last, the sum of $41,705 26, while the twelve mining counties, with a population of 119,917, have paid $21,253 66. The latter have a representation in the Legislature of forty-four, while the former have but twelve. The amount of capitation tax assess in the twelve mining counties is $51,495 00, and the amount returned as delinquent $47,915 00 while the amount assessed in the grazing counties is $7,205 00, and the amount delinquent $3,291 50, showing that the southern counties, with a population of 6,367, pay a capitation tax of $333 50 more than the twelve mining counties, which have a population of 119,917. It will be seen, also, by a reference to the same report, that the entire agricultural counties, with a population of 79,778, have paid into the Treasury during the last fiscal year, $246,247 71, while the mining counties, with a population as before stated, of 119,917, pay only $21,253 66.
The interests of the southern counties are in many respects inimical to those of the north. To remedy whatever evils exist, seems impossible under the present Constitution, for that instrument provides that there shall be no special legislation, declaring that “all laws of a general nature shall have a uniform operation.” It declares, also, that ‘taxation shall be equal and uniform throughout the State.” This equality now exists only in a legal sense; for while the southern counties, which are mostly covered by grants and in possession of individuals, pay a heavy tax upon every acre of the their land, which yields but a moderate dividend upon its valuation, the mining counties, exceedingly prolific in the returns they make to their occupants, being almost entirely the property of the Federal Government pay nothing, comparatively, into the State Treasury. Thus while a large portion of the public expenditures are for their benefit, they escape taxation upon the lands they occupy, and pay nothing for the treasures which they take from the soil.
The effects of this unequal taxation have already become apparent, not only in the necessity which has been forced upon many citizens of the southern counties, of alienating portions of their lands and sacrificing portions of their stock to meet what they consider an unjust burden, but the dissatisfaction consequent is fast snapping those cords of amity which should ever prevail between citizens of the same Commonwealth. This condition of things cannot long last without great danger to the peace and prosperity of the State. The dissatisfaction already felt, will increase, and local prejudices take the place of common fellowships. The Constitution, through its provisions, some of which have been referred to, prevents the Legislature from remedying the evil; but it gives it the power of calling a Convention. I would, therefore, most earnestly recommend, that a Convention of Delegates from the People, for the revision of the Constitution, be called at an early day, at some suitable place, in which body all inconveniences, of whatever nature arising from the imperfections of the present State Charter, may be discussed, understood, and, as far as possible, obviated.
Perhaps no other questions which may be discussed and acted upon during your present session, contains, within itself so many important considerations, as does that of Education. One of the most important objects to be aimed at, in California, should be the encouragement of immigration. Nothing could have a more powerful influence upon the minds and purposes of the public abroad, than a knowledge that here, in our young State, we had established, as we can do, the best system of education existing upon the continent, not only through Common Schools, but also by Academies, and a University. One of the great drawbacks upon the immigration that otherwise would have been ours, has been the want of goof Schools. Thousands of our resident population deprive themselves of the society, sympathies, and all the social endearments and protective influences of their families, simply because, prizing the education of their children more highly than their own domestic happiness, the prefer leaving them on the other side of the continent, in the midst of the means of education, to bringing them here, where their society would be enjoyed at the expense of their intellectual development. Let a good, active and effective system be established, and the fact known abroad, and at once one of the strongest objections to immigration and residence in this State, would be removed. The class which this would bring among us, would be the most valuable. It would induce the presence of families who would remain and grow up with the institutions of the country. Such a desirable result can be accomplished. We have the means within our reach of establishing, upon this western soil, the most magnificent system of education in the world. Perhaps it would not be saying too much in asserting that never was a finer opportunity presented for engrafting upon the institutions of a State, an educational system that should be an honor to the public and blessing to the people, than is now possessed by California. The framers of the Constitution seemed fully aware of the importance of this subject, and accordingly, in the second section of the ninth article, of that instrument, is found the following: “The Legislature shall encourage, by all suitable means, the promotion of intellectual, scientific, moral and agricultural improvements. The proceeds of all lands what may be granted by the United States to this State, for the support of Schools, which may be disposed of, and the five hundred thousand acres of land granted to the new States, under the act of Congress distributing the proceeds of the sales of the public lands among the States of this Union, approved A. D., 1841, and all estates of deceased person who may have died without leaving a will or heir, and also such percent as may be granted by Congress on the sale of lands in this State, shall be and remain a permanent fund, the interest of which, together with all the rents of the unsold land, and such other means as the Legislature may provide, shall be inviolably appropriated to the support of Common Schools throughout the State.” The funds which must inevitably accrue under this provision must be adequate fully, to the establishment and support of a system which should be a blessing to the community and an honor to the State. Not a dollar derived from the sources named, can be diverted from the specified object. To construct and establish such a system, we have to aid the experience of all the States of our Union, as well as that of Europe. Our difference of condition requires, or course, modifications of the systems which prevail elsewhere, to adapt them to our necessities. But the great principles involved being the same, no insuperable difficult need prevent the full accomplishment of the desired results.
I cannot, therefore, too earnestly urge upon the consideration of the Legislature this subject, upon the treatment of which is suspended so much of the future development of our State, in virtue and happiness.
In connection with the subject of Common Schools, comes linked that of a State University. The fourth section of the ninth article of the Constitution makes it the duty of the Legislature to “provide effectual means for the improvement and permanent security of the funds,” designated by the same section, for the support of a State University. There is reason to believe that the contemplated funds, appropriated for such purpose, will eventually prove amply sufficient for the endowment of such institution. Thus it seems within the power of the people of this State to adopt a system of education, in all its branches, which would make our Commonwealth a peculiar resort for the scholar – commanding the literary patronage of the Western Coast of North and South America, and entirely obviating the necessity of sending students across the Continent for collegiate advantages.
The adoption of some practical system for the disposal and government of the lands belonging to the State, which have been granted her by the several acts of Congress is a subject to which I most earnestly invite your attention. By an Act of Congress passed in September, 1850, all the swamp and overflowed lands lying within the several States, were given to those States respectively, for the purpose of reclamation. The quantity of land which the State of California will derive under this Act, amounts to from six to ten millions of acres, embracing almost the entire arable public lands in the State. For the purpose of enabling the State to avail herself of the benefits of this grant at the earliest moment, I communicated with the Secretary of the Interior, at Washington, early last spring. After waiting a sufficient length of time for a reply, without receiving any, I forwarded a second application, asking that the Surveyor-General of our State might be authorized to select the lands under that grant; but as yet I have received no reply. I presume, however, that no objection will be made to this course, as similar privileges have been granted to other States. Should my application be successful, I urgently suggest the passage of a law enabling the Surveyor-General to prosecute the duty of selecting the lands at the earliest practicable day. The character of the land granted under the Act alluded to, is such, that the interests of the State would be greatly subserved by the passage of a law securing to each settler, who may locate in good faith, a suitable quantity of land for a homestead. This I regard as for the present, the true policy of the State.
The lands to which she is entitled, under other laws of Congress, for school and other purposes, should receive your early attention, that they may be promptly applied to the purposes intended. It would probably be for the interest of the State to adopt, in regard to the lands designated as Tule, a system of grants to individuals, on the condition that the lands so granted shall be drained by them within a given time. By this course a large portion of the State no lying in a useless condition, would be made productive, contribute largely to the State Treasury, and induce a further immigration and settlement of the Chinese – one of the most worthy classes of our new adopted citizens – to whom the climate, and the character of these lands, are peculiarly suited. The draining of these lands would also add largely to the health of the country in their vicinity. When thus drained, the Tule lands, comprising the larger portion of the grant under the Act referred to, will become the most desirable lands in the State, and capable of producing, in the highest degree of perfection, rice, sugar cane, and other staple products, which cannot be grown in other portions of the State.
I beg leave to call your attention to the necessity and importance of a thorough revision of our judicial system. Its present complicated and incongruous character is calculated to defeat the very object of law – the prevention of controversy – and to burden the people with unnecessary expense and inconvenience. The simplicity and perspicuity of any system of law, constitutes its greatest value. The present system is so cumbrous and unwieldly, that only with difficulty can it be interpreted even by those who have the law to administer; and in a less degree, certainly, by the great body of the people, for whose benefit all laws should be enacted. In view, therefore, of the difficulties heretofore existing, in the formation of a proper judicial system, I would respectfully recommend the adoption of the suggestion made by the Attorney General, that a Commission, for the entire revision of our code of laws be authorized.
The number of our Judicial Districts should be curtailed at least one half. This would have the effect of diminishing, considerably, the expenses of the State, and of leading to another reform, of scarcely less importance, viz: the change of our District Attorney system. By enlarging our Judicial Districts, and having but one Attorney for each, there would be a wider field in which to reap the rewards of his labor, and he would thus be reconciled to receive, as compensation, the fees of office, instead of a salary out of the State Treasury. Under the present arrangement, there are eleven District Judges and thirty District Attorneys, all receiving pay from the State Treasury. The policy suggested would not only save a large expenditure, but would increase the usefulness of the office of District Attorney, and thereby attract the attention and secure the services of men of ability and experience.
By a reference to the reports of cases in the Courts, herewith transmitted, it will be seen that there are but few counties having any business of importance in the District Courts. The Counties of San Diego, San Luis Obispo, Los Angeles, Santa Barbara and Monterey, might well form one District. By the creation of a separate Criminal Court in the city of San Francisco, and the continuance of the present Superior Court of that city, other counties might be attached to San Francisco, to form a District.
I cannot allow the present opportunity to pass without bringing to your consideration a subject closely connected with the honor and interest, alike of California and the General Government. I refer to the claim of the Fremont Battalion on the Government of th4e Unites States, for remuneration for their losses and service in the cause of our common country. On the fifth day of July, 1846, at the town of Sonoma, a little band of pioneers, under the lead of Lieut. Col. Fremont, raised the flag, and made a declaration of independence, and the whole country south of Sonoma was in a short time freed from the Mexican power. In the prosecution of these glorious and praiseworthy objects, property, money and time were sacrificed – hardships and perils were endured – and, as a the result of these sacrifices, this inestimable country was secured, with all its benefits and blessings, to the United States. The General Government has reaped the fruits of these exertions, and is in possession of all the advantages of this infant struggle for independence. They have received the prize, and it is but justice that they should bear the burdens of its acquisition. This claim was discussed in Congress in 1848, and a bill for the relief of the applicants passed the Senate, but was defeated by the House. The ground of opposition passed the House, seems, from the Report of the committee on Military Affairs, to have been, that a state of war did not exist, at the time, between the United States and Mexico. But even on the supposition that did not actually exist at the time, it was well understood throughout the country, and confidently expected, that war would be unavoidable. It was also well known that the English Government was anxious to seize this country, and thus anticipate the action of the United States. Had England obtained a firm foothold in this State, as was her evident purpose, the large claims which she holds against Mexico, would have rendered its acquisition by us extremely doubtful. And contemporaneous history exhibits the fact, that had the Americans in this country waited until they receive a formal notification of the existence of was with Mexico, California would have fallen into the hands of the English. To their timely and efficient action, may we now attribute our possession of this great and invaluable territory. Under such circumstances, for our country to set the example of reprobating the conduct of her most worthy citizens, actuated by the purest devotion to her rights, merely because the formalities of law were observed, would be to inflict a serious injury upon the future maintenance of her rights, and place her completely within the power of less scrupulous nations. Claims of this nature should be regarded through the medium of the largest and most liberal equity, and not of strict and rigid law. Inasmuch as these services proved ultimately to be of the greatest benefit to the Government, and as the Government has adopted the results of that service, it would display a spirit unbecoming a great and magnanimous nation, to withhold the just reward of merit, merely because those benefits were conferred unasked. I respectfully recommend that the Legislature present this subject, in its true light before Congress, by means of a memorial, setting forth the character and grounds of the claim.
Much has been said respecting the action necessary for the government of the Mineral Lands. After a careful consideration of the duties of government and the new and anomalous situation of our Mining Districts, I am clearly of the opinion that it would be impolite in Congress to adopt or create, for the present, any laws respecting them. The system of working the Mineral Lands at present adopted, is the only one which will meet with support from that body of industrious and enterprising citizens engaged in mining operations. The Mines should be left free. No proposition to sell or lease them by the General Government should be for a moment entertained. Such policy would be calculated to rear up monopolies amongst us, which are at all times inimical to the interests of the State.
Your attention is respectfully directed to the importance and necessity of some law to check the influx of foreign criminals to our soil. Within the past two years, some thousands of these, from the penal colonies of England, and from other countries, have emigrated hither; and unless some preventive means be adopted, we can expect but little diminution of crime, which has so disgraced our State. I would suggest the policy, therefore, of creating an espionage over the ingress of foreigners into our State; of designation some particular officer at Port of Entry to keep a watch over this matter, and require, before the landing of emigrants from foreign ports, that they present a certificate of good character from the Consul or other Agent of the United States in the country from which they come, or some evidence of good character which shall be satisfactory to the officer having charge of the subject – imposing a penalty upon such officer for neglect of duty.
The burdens inflicted upon us in Postal matters, by the present as well as previous laws of Congress, regulating postage and the transmission of the mails, deserve your serious attention. While laws should be uniform in their nature and operation, this State is made an exception, and for very bad postal privileges, we are taxed double what the citizens of other States are required to pay upon letters, while the onerous, unjust and exorbitant rates fixed as postage upon newspapers, almost amount to a prohibition against their introduction from other States, and to an embargo upon those published in our own. This subject, in all its glaring inconsistencies and crippling influence upon the spread of useful information, should be pressed home upon the consideration of Congress.
The wants of commerce imperiously demand immediate attention from the Federal Government. The tedious tardiness it has evinced, in reference to this, as well as other subjects of great importance to the interests of this State, should give place to an active, just and liberal policy. Our coast and harbors should long since have been supplied with Light-houses, Buoys, Dry Docks, and other assistants and preservatives of commercial and mercantile interest. But as yet we have next to none. A policy so deleterious to the progress of the State, so illiberal and unjustly partial, is unworthy of the nation, inconsistent with its general administration, and deserves the remonstrance of our people and authorities.
It is believed, also, that some of our State Laws affecting commercial interests, are burthensome, unjust, and probably unconstitutional. There can be but one opinion concerning laws which fetter commerce. The State has, undeniably, the right to levy a tax upon the tonnage of its own citizens. But the law imposing a per centum tax upon vessels which have been taxed also in the ports of other States, where they belong, is impolitic, and has been pronounced unconstitutional by the Courts of other States. A careful revision of all our Statutes affecting commerce, the repeal or amendment of such as restrict instead of protecting it, and of such as are deemed unconstitutional, and the enactment of such as the necessities of this great interest require, seems demanded of those to whose keeping is entrusted much of the future of this Commonwealth. Every question touching commerce and navigation, cannot be too earnestly considered.
One important duty which will rest upon the present Legislature, is that of enacting a law to divide the State into Congressional Districts, in accordance with the requisitions of a law of Congress. The necessities for such enactments are so obvious as to render unnecessary their enumeration. In this connection, I would re3commend the enactment of a law providing for the election of two members of the Thirty-Third Congress, at the same time with the election of the Presidential Electors. Under the system which now prevails, the terms of our present members will expire with the third of March, 1853. The election for their successors, under the present law, will not occur until the ensuing September. Consequently, should national policy require the President to call an extra session of Congress between those periods, 9a term of six months,) our State would be unrepresented in that body, or be subjected to the expense, trouble and delay of an election ordered by the Executive for this special purpose. And even this method would probably fail to remedy the evil; for our distance from Washington City is so great, that the time consumed in receiving the President’s proclamation, and that necessary to give the order due publication, to receive the returns of the election, and to enable the successful candidates to reach Washington, would likely, in most cases, deprive the State of all voice, vote and influence, in any such extra session. The practice which now prevails in many States, of electing successors to Congressional incumbents before their term has expired, is founded in wisdom and necessity, and is peculiarly adapted to our isolated condition.
One of the most injurious neglects of Congress regarding our State, has been that of refusing to provide a Branch Mint. Over two hundred millions of gold dust have been carried away from our shores; not an inconsiderable portion of which has been taken to foreign countries, to be coined into foreign currency. Had we been provided with the proper means and authority, this gold would have borne the stamp of our Government, and carried the emblem of our nationality where even our language is not spoken, and our history is unknown. The American coin would have circulated all along the Pacific coast, in South America, the Sandwich Islands, the South Sea Islands, in China and Japan: indeed, it would have found its way to every part of the world. For the want of such an institution, private individuals, and more especially the laboring classes, have suffered severe losses. Every branch of trade and industry has experienced in a greater or lesser degree, the injurious effects of this neglect on the part of Congress. The necessity of coin for ordinary purposes of trade, induced irresponsible issues of private coinage, which, from being deficient in value, or bearing a false representation, or losing the confidence of the community, has, in most instances, fallen so far beneath their pretended value, as to inflict heavy losses upon the community. A Mint here would obviate many difficulties, and lighten the burthens that now weigh heavily upon our commercial interests. I would, therefore, recommend such action on the part of the Legislature, as will bring to the attention of Congress the necessity of providing for such an institution.
The Report of the Quartermaster-General, which is here submitted – (see appendix B) – presents the amount and condition of the arms and ammunition belonging to the State. I would respectfully suggest the necessity of providing some safe and suitable building at San Francisco, for the deposit of the arms and ammunition which we now have, and such as we may receive from the General Government; and the employment of a competent Armorer.
No report has been received from the Surveyor-General. The law imposes upon that officer the duty of making such Report, and his attention has been called to the fact.
I take great pleasure in transmitting for your consideration, the Report and views of Dr. Wake Bryerly, the Visiting Physician to the State Hospital at Sacramento city, upon condition of the insane inmates of that institution. (See appendix 2.) Humanity suggests that some immediate provisions should be made for this unfortunate class of our citizens. The present system of placing together, indiscriminately, the insane and other patients of the Hospital, is one fraught with many serious consequences, and to remedy this evil I would earnestly recommend the establishment of a separate institution for the insane.
Our State is peculiarly remarkable for her mineral resources, and whatever will conduce to their development will serve to advance us yet more rapidly in the career of greatness, and the wealth, which, it can hardly be questioned, is open before us. Heretofore we have advanced irregularly in developing the riches which lie concealed in the rocky bosoms of our hills and mountains, and whatever progress we have made, has been rather the results of blind accident than of intelligent design. To promote the desirable end here suggested, I would recommend that provisions be made for the establishment of a Geological Survey of the State.
As a means of facilitating intercourse between the Atlantic and Pacific coasts, and thereby promoting more intimate relations between the different and distant quarters of our widely extended Union; and as an additional bond to bind in closer connection the varying interest of our country, a very large majority of the people of our Union are looking with anxiety and interest to the commencement of some work ensuring more rapid communication between the Eastern and Western portions of our Union. I learn that the laudable undertaking has been commenced by a railway from the western part of Missouri, and it is to be hoped that Congress will lend the aid of the General Government in forwarding this gigantic undertaking to a speedy completion. The great results and advantages which we would enjoy from a work of this character, could scarcely be conceived. It would therefore seem to be your special duty to bring the attention of Congress to this important matter. The Government possesses immense bodies of fertile lands now waste and untenanted. By appropriating a portion of that lying on the line of communication, it would enhance the value of the other portions of the public domain, and, at the same time, greatly contribute to the general national advancement.
Your attention is respectfully called to the necessity of providing the necessary ways and means to defray the expenses of the Government for the ensuing fiscal year, and to discharge the indebtedness which has heretofore accrued. No State can flourish while embarrassed in her fiscal operations, and amongst her chief objects of those entrusted with the management and direction of her interests should be that of removing and guarding against such embarrassments. The suggestions upon this subject contained in the accompanying Report of the Comptroller, (See Appendix A) meet with my entire concurrence, and they are generally, therefore, commended to your earnest consideration. I would, however, call you particular attention to one or two points in this connection, which seem to be of paramount importance. The first is the propriety of providing for the early payment of the outstanding three per cent bonds. The accruing interest upon these bonds is onerous and ruinous, and our financial interest, therefore, imperiously requires their speed and complete redemption. Second, -- that steps be taken to secure at the hands of the General Government the return of the moneys collected of our people by order of the Military Government existing before our admission to the Union. The equity and justice of this claim cannot fail to be recognized by the General Government. Before its laws and institutions had been extended over us, with no system of revenue in force in the territory, we were required to submit to heavy taxation, the burdens of which are yet pressing upon us, and instead of receiving support, as extended to our sister territories, we were required to minister to the support of the parent Government, from whose laws and civil policy we derived no benefit. This important matter has been already too long delayed, and justice to our citizens now requires that it be promptly and urgently pressed upon the General Government.
The Indian tribes within our borders have been the source of much annoyance, and this must continue to be the case so long as they reside in proximity to the whites. The policy which it is the duty of Government to pursue in relation to this unfortunate race of beings, is one which should be well considered. The last effort which was made by our Government, was the policy strongly recommended by President Jackson of removing them to some isolated position, distant from all contact with the whites. The number within our limits has been estimated at two hundred thousand. Our best policy, and perhaps that of the General Government, would be to remove them beyond the confines of the State. Much expense has been already incurred, and we may reasonably apprehend, until some effectual means of separation are adopted, that constant difficulties with them, involving the State and General Government in great expense, will continue to occur. I would call you attention to the fact, that since the last adjournment of the Legislature, several expeditions for the suppression of Indian hostilities, have been called out, under the authority of the State Government; and under an Act passed at you last session, the bonds of the State, to defray the expenses thereby incurred, have been issued. This debt should be discharged by the General Government, whose duty it is, and was, to afford us that protection which, under the circumstances, we were compelled to provide for ourselves. No adequate means has been heretofore afforded us for that purpose, and the State has been, therefore, constrained to take the matter into her own hands, or submit, while awaiting the inefficient action of the General Government, to the hostile incursions of these savage tribes, and the indiscriminate murder of her exposed frontier citizens. This subject should be promptly and earnestly urged upon Congress, and the payment of this indebtedness insisted upon.
I refer you to the Report of the Treasurer of State for a detailed statement of the Finances of the State. (See appendix, C.)
In compliance with a law passed at the last session of the Legislature, I placed M. G. Vallejo and J. M. Estill in possession of the convicts under sentence of imprisonment of the State Prison. Your attention is directed to the necessity of providing a building for the better security of the convicts. One of the several islands in the Bay of San Francisco presents the best point for the establishment of a Prison Building for the State; and I would recommend that provision be made immediately for such purpose.
An appropriation for the State Library is respectfully recommended.
There are many other important and necessary matters which will doubtless suggest themselves to you for legislative action. Coming, as you do, from the immediate voice of your constituents, and knowing their wants, you will be able, I trust, to do all that is necessary for their protection, comfort and happiness; and, in bringing this communication to a close, permit me to mingle my congratulations with you upon the future greatness and prosperity which awaits our young and glorious State, by a proper and judicious management of her affairs.