The Nevada journal., 1854-03-31
The Capital---Where is it ?

But few weeks since our Legislature
with the concurrence Of the executive re-
moved to Sacramento This was in accor
dance with the expressed opinion OF the
neople of the State. The Legislature re-
ouired the Supreme Court TO assemble al
the Capital, who, after having the ma,'er
,,,5ar consideration, have determined tnat
San lose is the rightful Capital and have
made the necessary arrangements lor 'he.r
removal to that place. The precise grounds
u,on which this decision was based is not
vet known. And as our Supreme Court,
has manifested good deal of the spirit of
;odependence of law and right, they may
not take much pains to enlighten us II,
however. there be such deficiency IN the
manner of the numerous removals, as to
Justify this decision, it would be well Tor
the legislature at their present session, to
remove these imperfections, and refer the
permanent location of the Capital to dl-
rect vote of the people at the next general
election. So strong have been the oeJec'
t;ons to San Jose, and so unsatisfactory its
location there, that it looks like madness
so 10 leave the matter as to admit doubt,
or TO let that place remain as the place to
which the state archives must revert at each
adjournment Of the Legislature. 1t is SAID
Chief Justice Murray dissents from the de.
cision.
Interference to these removals, and show
ing plainly that San, Jose is quite an I'M
proper place for the Capiatl, we copy the
following summary of removals from the
Transcript of the 2Sth -
On the thirtieth day of November, l049,
the people declared at the ballot-box that
the Pueblo of San Jose should be the per-
manent capital, unless two-thlrds OF all the
members elect of each branch of the Legls-
lature should agree to remove the same 10
some other place. During the FIRST session
of the Legislature, which convened at San
Jose in December 1849, the removal of
the capital was agitated, and a law was
passed submitting the question again to
the people The next Legislature, in 1851,
bv Constitutional vote removed the seat
Of Government to Vale jo where it remain
ed few weeks, when the Executive OF the
State, apprehensive tnat the government
from inactivity might corrode, returned to
San Jose. In January, 1852, the Execu-
tive removed the capital once more to Val
leio, from which place the Legislature, IN
he same month removed to Sacramento,
ant. on its adjournment left the Executive
once more to remove from Sacramento city
to Va 'elo.
In1,e winter of 1853 the seat Of gov
ernme It was again taken up by the Leg
islat' and carried to Benicia. There 1t
ras., .ined the present session, 1854, when
ne Legislative and Executive departments
united and fattered themselves that they
had agreed upon the city of Sacramento as
the permanent capital of the sovereign and
independent state of California. Two OF
the departments of the government hav-
ing coalesced, it was only required that the
Courts should convene at the Levee city
TO congreeate the different branches of gov
ernment within the walls OF one city. 1t
was accordingly enacted by the Leglsia-
tive and Executive departments, that the
Judiciary should convene at the capital
But as the Legislative and Executive
branches had enjoyed the pleasure ana
benefits derived from travelling to and fro
the Judiciary, being not only coordinate
branch Of the government. but the lnterpre-
ter Of the acts of both its co-ordinates, has
resolved that their department does not be-
lieyc in travelling after and following the
law makers, but that they are by virtue of
their office author lied to travel in differ
ent direction, viz. to San Jose, and that the
Executive and Legislative, if they wish to
meet the Judiciary department, will lind
it at the capital of the State, which by ylr-
tue of the powers appertalnfng to the Ju-
dietary, has been established at San Jose.
Thus we see that so soon as two OF the
three branches Of government unite, the
third vetoes the act, steps out OF the ring,
and declares itself Independent. I'VE will
now sum up the different removals accor-
ding to the power authorizing the same
From San Jose to Vallejo From Vallejo
to Benicia; From Benicia to Sacrameto
making four Legislative removals. BY
the Executive; From Vallejo to San Jose;
From San Jose to Vallejo; From Sacra-
ment to Valejo-three removals. And
last but not least, from Sacramento to San
Jose, by the judiciary. Making in all eight
removals since the first of May 1851, a Pc
riod of less than three years. When we
read the decree of the Superior Court ma
king San Jose the capitol, and ordering the
removal of the court to that place, we
thought that the court were perhaps hasty
in their decision foreseeing that the Leg
islative and Executive branches might pass
a supplementary and explanatory act de-
claring that the word capital in the law re-
specting the sessions of the Supreme Court,
was meant to read, and should be under>