Butte record., 1854-11-25
COMMUNICATIONS.
SEAT OF GOVERNMENT. VS. THE
CAPITOL.

The eaestlon IS often asked, "Where
will the ! legislature meet at its next ses-
sion :" The truth is, that the Legisla
ture of the State has heretofore been
of so migratory nature, that none but the
fully initiated could keep trace of its
wanderings. As to where the next
Legislature will open its session-wheth-
er at San Jose, Vallejo, Benicia Or Sac
ramento-it is absolutely impossihl.,
even to '.guess" We might with some
labor, learn where they ought to meet.
but judging from past actions, this is a
poor criterion of where they will meet.
We can, therefore, only give kind of
approximate answer to the question OF
Where will the Legislature meet :" by
showing where they ought to meet.
The constitution, Article II, Sec. l ,
provides that sThe first session of the
Legislature shall be held at the Pueblo
de San Jose, which shall be the perma-
nent seat of government until removed
by law provided, however, that two
thirds of all the members elected to each
house of the Legislature shall concur in
the passage of such law''
Unless there has been such action by
the Legislature, there can be no doubt
that San Jose still remrins the Seat of
Government Has there ever been such
action' Let US see:
The Legislature of 1850, assembled
at San Jose in accordance with Sec. /
Art. II, Of the Constitution. During
this session that Legislature passed an
act, entitled "An act to take the sense
of the people of the people of the State
Of California upon the subject of the
permanent location of the Seat of Gov
ernment, approved April %, 1850, per-
hitting the people to vote for some place
or places as the future seat of govern
ment, Stat. 1880, P. 412.
This law, could in fact, have nothing
to do with the matter, and was entirely
useless, except as a method of instruc-
ton to the members of the Legislature
from their several constituencies, since
the Constitution gave to the Legislature
and TO them alone the power to change
the Seat Of Government
The next action on the subject is by
the Legislature Of 1858, in an act enti-
tied ''An act for The permanent location
of the Seat of Government, approved
February 4, 1851" which provides that
after the close Of the present session,
the city of Vallejo shall be the seat of
government, provided that NJ G. Vale
jo shall fully comply with certain condi-
tons specified in the act, otherwise the
act shall be void This law passed the
Senate by vote of eeven ayes to two
nays, being a constitutional majority,
(Sen. jour 1851, P. SD and the same
bill passed the Assembly by vote Of
twenty-six ayes to eight nays, being a
constitutional majority House jour 49,
81, ?. l066), and SO the City of Vallejo
became the permanent seat of Govern
ment Of the State, provided NJ. G.. Vale
jo complied with certain conditions,
otherwise the law removing it to Vallejo
was void and the seat osgovenment
still remained at San Jose, where it had
been placed by the Constitution.
The legislative session of 1852 open
ed at Vallejo, and the first proceeding Of
the Senate was to record the protest OF
the Hon G. b. Tingley, of Santa Clara
and the Hon FrankSoule, of San Fran
cisco. upon their Journal, against the or
ganization of the Legislature at Vallejo
These Senators alledged in their protest
six reasons against the organization at
that place, the principal of which are
contained in the first and third, that VI
G. Vallejo had entirely failed to comply
with the conditions of the law which were
conditions precedent, and consequently
the law by its own rerms was void, and
the Seat of government remained al
San Jose, see Sen. jour. 1852, p. g.
I Gov. McDougal also presents to the
Senate protest against the organization
of the Legislature at Vallejo, setting
forth in substance the reasons presented
by Messrs. Tingley and Soule. (Se,
Sen. jour. P. ~. In the Assembly al
so, the Hon. j. B. Wall of Monterey
presented petition signed by certain
members, protesting against the organi
cation of the Assembly at Vallejo" Fl
jour. 1852, p.3).
The only question as to the validity o
the law is this-Are the conditions i'm
posed upon NJ. G. Vallejo by the act 0
/ February A. 1851. conditions nreceden