JOURNAL OF THE ASSEMBLY. MONDAY, January 7, 1856. According to the requirements of the Constitution, the Assembly was called to order at 12 o'clock, M., by the late Chief Clerk. On motion of Mr. Winston, Mr. Peck was chosen Speaker, pro tem. The roll was called, and the following members appeared, and were qualified : When the name of Mr. Castro was called, Mr. Walter Murry presented the following protest against Mr. Castro taking his seat as a member from the County of San Luis Obispo : Walter Murry, VS. Manuel Antonio Castro. Whereas, Manuel Antonio Castro has obtained a certificate of election from the County Clerk of San Luis Obispo to the office of Representative from said county, and has appeared to claim a seat in the present session of this Asembly And whereas, the said Manuel Antonio Castro was not legally elected to represent said county, not having received a majority of the legal votes polled at the late election held therein, and furthermore is entirely disqualified from holding said office, for the reason that he has never acquired a six months' residence in said county, as required by law: And whereas, the undersigned did, at such election, receive such majority of legal votes, and was, therefore, legally elected to fill the office of Representative from the said county of San Luis Obispo: And whereas, the undersigned has duly filed the necessary statement of the grounds of his contest, notice of which, with a copy thereof, has been duly served upon the said Manuel Antonio Castro, and evidence has been taken therein before a commission of Justices of the Peace of the said County, duly appointed for that purpose; the original documents in the said contested case being now on file in the office of the Secretary of State: Now, therefore, the undersigned most solemnly protests against the admission of the said Manuel Antonio Castro to take the oath of office, or to fulfil the duties of Representative from said County of San Luis Obispo, until this honorable House shall ascertain in due course, and in conformity to law, to whom the scat in sai House from said County of right belongs. (Signed,) ASSEMBLY CHAMBER, January 7, 1856. WALTER MURRY On motion of Mr. Farley, the protest was laid on the table. The following members then took the oath of office: Messrs. Andrews, Batchelder, Beatty, Bell, Blackburn, Boring, Borland, Bowe, Brent, Brunton, Brush, Bynum, Cartter, Castro, Callbreath, Cone, Coombs, Covarrubias, Curtis, Davis, Dick, Downey, Dustin, Ewalt, Farley, Gage, Gaston, George, Grap, Haile, Hawes, Heald, Heiskell, Holland, Hoover, Hunt, Hunter, Kendrick, Kelly, Lamon, Leihy. Lewis, Lippincott, Mathews, McDonald, McFarland, McGehee, Meloney, Moulthrop, Oliver, Oxley, Pearson, Peck, Pugh, Rathburn, Read, Reynolds, Rhodes, Ricks, Sellick, Shearer, Sherrard, Stevenson, Sterritt, Stout, Swan, Taliaferro, Taylor, Turner, Upton, Van Dusen, Wagner, Weir, Welch, White, Williams, Winsor, Winston, and Wohler. Mr. Oxley moved to adjourn until to-morrow, at 10 o'clock, A. M. Mr. Taliaferro moved to amend, so as to adjourn until the 9th, at 10 o'clock, A.M. Amendment lost. The House then adjourned until 10 o'clock, A, M., to-morrow. IN ASSEMBLY. TUESDAY, January 8, 1856. House met pursuant to adjournment. Roll was called. Messrs. Coombs and Covarrubias absent. Mr. Hunt offered the following resolution: Resolved, That in honor of the ever-glorious battle of New Orleans, fought on the eighth of January, and in honor of the ever-memorable name of ANDREW JACKSON, the hero of that day, this House do now adjourn until 10 o'clock, A. M., to-morrow. Mr. Upton moved a division of the question. 7 Mr. McFarland moved the previous question. Sustained. The question then recurred upon the adoption of the resolution. Upon which Messrs. George, Hunt, and Hawes, demanded the ayes and noes, with the following result: AYES. Messrs. Beatty, Boring, Brent, Brush, Bynum, Cartter, Callbreath, Downey, Ewalt, George, Gray, Hawes, Holland, Hunt, Kendrick, Lewis, Lippincott, Meloney, Moulthorp, Pearson, Sherrard, Swan, Taliaferro, and Wohler-24. NOES. Messrs. Andrews, Batchelder, Bell, Borland, Bowe, Brunton, Castro, Cone, Curtis, Davis, Dick, Dustin, Gage, Gaston, Haile, Heald, Hoover, Hunter, Kelly, Lamon, Leihy, Mathews, McDonald, McFarland, McGehee, Oliver, Oxley, Peck, Pugh, Rathburn, Read, Reynolds, Rhodes, Ricks, Sellick, Shearer, Stephenson, Sterritt, Stout, Taylor, Turner, Upton, Van Dusen, Wagner, Weir, Welch, White, Williams, Winsor, and Winston,-51. Messrs. Sharp, Hoover and Dick, appeared, and were qualified. Mr. Winston moved that the Assembly proceed to election of Speaker. Mr. Winston nominated J. T. Farley, of Amador. Mr. Brent nominated T. W. Taliaferro, of Calaveras. The Assembly proceeded to vote with the following result: Those who voted for Mr. Farley, were Messrs. Andrews, Batchelder, Bell, Borland, Bowe, Brunton, Brush, Cartter, Castro, Cone, Curtis, Davis, Dick, Dustin, Gage, Gaston, Haile, Heald, Heiskell, Hoover, Hunter, Kelly, Lamon, Leihy, Mathews, McDonald, McFarland, McGehee, Oliver, Oxley, Peck, Pugh, Rathburn, Read, Reynolds, Rhodes, Ricks, Selck, Shearer, Sherrard, Stephenson, Sterritt, Stout, Taylor, Turner, Upton, Van Dusen, Wagner, Weir, Welch, White, Williams, Winsor, Winston, Blackburn -55. Those who voted for Mr. Taliaferro were Messrs. Beatty, Boring, Brent, Bynum, Callbreath, Downey, Ewalt, George, Gray, Hawes, Holland, Hunt, Kendrick, Lewis, Lippincott, Meloney, Moulthorp, Pearson, Sharp, Swan, and Wohler-21. Mr. Farley voted for Mr. Peck. Mr. Taliaferro voted for Mr. Hunt. Mr. Farley was declared elected. Mr. Taliaferro moved that a committee of two be appointed to wait on Mr. Farley, and conduct him to the chair. Messrs. Taliaferro and Winston were appointed. Mr. Farley appeared, was qualified, and took his seat as Speaker of the Assembly. On motion, the House proceeded to the election of Chief Clerk. Messrs. J. M. Anderson and Frank Hastings were placed in nomination. The following vote was taken For Anderson, Hastings, 53 24 The Speaker announced the vote, and declared J. M. Anderson elected. Messrs. A. M. Hayden and J. Betts were nominated for Assistant Clerk. The vote was taken, with the following result : For Hayden, Mr. Hayden was declared elected. 53 22 Messrs. E. Gates and J. Hawkins were put in nomination for Sergeant-at-Arms: Mr. Gates received 48 votes, and Mr. Hawkins, 22. Mr. Gates was declared elected. Messrs. Joseph Powell and William McNair were nominated for Enrolling Clerk: Mr. Powell received 51 votes, and Mr. McNair, 23. Mr. Powell was declared elected. Messrs. T. Moreland and B. D. Hyam were nominated for Engrossing Clerk : Mr. Moreland received 47 votes, and Mr. Hyam, 21. Mr. Moreland was declared elected. Messrs. J. D. G. Quirk and J Stockwell were nominated for Doorkeeper. Mr. Quirk was declared elected. Messrs. Anderson, Gates, Powell, Moreland, and Quirk, appeared, and were duly qualified. The Speaker announced that the Assembly was fully organized. Mr. Cartter presented the following resolution: Resolved, As a testimonial of our respect and reverence for the name and deeds of ANDREW JACKSON, and those fearless few who have made for this day a page in our nation's history, that we will, in the future, as we have done in the past, ever preserve in our hearts an altar sacred to their memory, to which we will bring, as our annual offerings, admiration for their bravery, love for their patriotism, and blessings for the inheritance they nobly fought to defend. Adopted. |