The state of things which induced the people of California to form a state government deserves to be fully set forth. Their condition was without precedent in history; and from a statement of that condition, it will be seen that the framing of a const.i.tution and the organization of a state government was the only resource of the Californians. The representations of the report of Thomas Butler King to the government of the United States will not be contradicted, and these we insert.

"The discovery of the gold mines had attracted a very large number of citizens of the United States to that territory, who had never been accustomed to any other than American law, administered by American courts. There they found their rights of property and person subject to the uncertain, and frequently most oppressive, operation of laws written in a language they did not understand, and founded on principles, in many respects, new to them. They complained that the alcaldes, or judges, most of whom had been appointed or elected before the immigration had commenced, were not lawyers by education or profession; and, being Americans, they were, of course, unacquainted with the laws of Mexico, or the principles of the civil law on which they are founded.

"As our own laws, except for the collection of revenue, the transmission of the mails, and establishment of postoffices, had not been extended over that territory, the laws of Mexico, as they existed at the conclusion of the treaty of Guadalupe Hidalgo, regulating the relations of the inhabitants of California with each other, necessarily remained in force;[11] yet, there was not a single volume containing those laws, as far as I know or believe, in the whole territory, except, perhaps, in the governor's office at Monterey.

"The magistrates, therefore, could not procure them, and the administration of justice was, necessarily, as unequal and fluctuating as the opinions of the judges were conflicting and variable.

"There were no fee-bills to regulate costs; and, consequently, the most cruel exactions, in many instances, were practised.

"The greatest confusion prevailed respecting t.i.tles to property, and the decision of suits involving the most important rights, and very large sums of money depended upon the dictum of the judge.

"The sale of the territory by Mexico to the United States had necessarily cut off or dissolved the laws regulating the granting or procuring t.i.tles to land; and, as our own land-laws had not been extended over it, the people were compelled to receive such t.i.tles as were offered to them, without the means of ascertaining whether they were valid or not.

"Litigation was so expensive and precarious that injustice and oppression were frequently endured, rather than resort to so uncertain a remedy.

"Towns and cities were springing into existence; many of them without charters or any legal right to organize munic.i.p.al authorities, or to tax property or the citizens for the establishment of a police, the erection of prisons, or providing any of those means for the protection of life and property which are so necessary in all civil communities, and especially among a people mostly strangers to each other.

"Nearly one million and a half of dollars had been paid into the custom-house, as duties on imported goods, before our revenue laws had been extended over the country; and the people complained bitterly that they were thus heavily taxed without being provided with a government for their protection, or laws which they could understand, or allowed the right to be represented in the councils of the nation.

"While anxiously waiting the action of Congress, oppressed and embarra.s.sed by this state of affairs, and feeling the pressing necessity of applying such remedies as were in their power, and circ.u.mstances seemed to justify, they resolved to subst.i.tute laws of their own for the existing system, and to establish tribunals for their proper and faithful administration.

"In obedience, therefore, to the extraordinary exigencies of their condition, the people of the city of San Francisco elected members to form a legislature, and clothed them with full powers to pa.s.s laws.

"The communities of Sonoma and of Sacramento city followed the example.

"Thus were three legislative bodies organized; the two most distant being only one hundred and thirty miles apart.

"Other movements of the kind were threatened, and doubtless would have followed, in other sections of the territory, had they not been arrested by the formation of a State government.

"While the people of California were looking to Congress for a territorial government, it was quite evident that such an organization was daily becoming less suited to their condition, which was entirely different from that of any of the territories out of which the new States of the Union had been formed.

"Those territories had been at first slowly and spa.r.s.ely peopled by a few hunters and farmers, who penetrated the wilderness, or traveled the prairies, in search of game or a new home; and, when thus gradually their population warranted it, a government was provided for them. They, however, had no foreign commerce, nor any thing beyond the ordinary pursuits of agriculture, and the various branches of business which usually accompany it, to induce immigration within their borders. Several years were required to give them sufficient population and wealth to place them in a condition to require, or enable them to support, a State government.

"Not so with California. The discovery of the vast metallic and mineral wealth in her mountains had already attracted to her, in the s.p.a.ce of twelve months, more than one hundred thousand people. An extensive commerce had sprung up with China, the ports of Mexico on the Pacific, Chili, and Australia.

"Hundreds of vessels from the Atlantic ports of the Union, freighted with our manufactures and agricultural products, and filled with our fellow-citizens, had arrived, or were on their pa.s.sage round Cape Horn; so that, in the month of June last, (1849) there were more than three hundred sea-going vessels in the port of San Francisco.

"California has a border on the Pacific of ten degrees of lat.i.tude, and several important harbors which have never been surveyed; nor is there a buoy, a beacon, a lighthouse, or a fortification, on the whole coast.

"There are no docks for the repair of national or mercantile vessels nearer than New York, a distance of some twenty thousand miles round Cape Horn.

"All these things, together with the proper regulations for the gold region, the quicksilver mines, the survey and disposition of the public lands, the adjustment of land t.i.tles, the establishment of a mint and of marine hospitals, required the immediate formation of a more perfect civil government than California then had, and the fostering care of Congress and the Executive.

"California had, as it were by magic, become a State of great wealth and power. One short year had given her a commercial importance but little inferior to that of the most powerful of the old States. She had pa.s.sed her minority at a single bound, and might justly be regarded as fully ent.i.tled to take her place as an equal among her sisters of the Union.

"When, therefore, the reality became known to the people of that territory that the government had done nothing to relieve them from the evils and embarra.s.sments under which they were suffering, and seeing no probability of any change on the subject which divided Congress, they adopted, with most unexampled unanimity and prompt.i.tude, the only course which lay open to them--the immediate formation of a State government.

"They were induced to take this step not only for the reason that it promised the most speedy remedy for present difficulties, but because the great and rapidly growing interests of the territory demanded it; and all reflecting men saw, at a glance, that it ought not to be any longer, and could not, under any circ.u.mstances, be much longer postponed.

"They not only considered themselves best qualified, but that they had the right to decide, as far as they were concerned, the embarra.s.sing question which was shaking the Union to its centre, and had thus far deprived them of a regularly organized civil government. They believed that, in forming a const.i.tution, they had a right to establish or prohibit slavery, and that, in their action as a _State_, they would be sustained by the North and the South.

"In taking this step, they proceeded with all the regularity which has ever characterized the American people in discharging the great and important duties of self-government.

"The steamer in which I was a pa.s.senger did not stop at Monterey; I therefore did not see General Riley, nor had I any communication with him until about the middle of the month, when he came to San Francisco. A few days after my arrival, his proclamation calling a Convention to form a State const.i.tution, _dated the third of June_, was received.

"The people acted in compliance with what they believed to be the views of Congress, and conformably to the recommendations of the proclamation; and proceeded, on the day appointed, to elect members to a Convention for the purpose of forming a const.i.tution, to be regularly submitted to the people for their ratification or rejection, and, if approved, to be presented to Congress, with a prayer for the admission of California, as a State, into the Union."

According to the recommendation of General Riley, the civil governor of California, an election of delegates to form a Convention was held on the 1st of August, 1849. The number of delegates to be elected was thirty-seven. General Riley, General Smith, and Thomas Butler King, used every means to stimulate the people to hold the preparatory meetings, and they were generally successful. But in some districts scarcely any move was made until a few days before the election. In one or two instances, the election was not held upon the day appointed; but the Convention nevertheless admitted the delegates elected in such cases.

The Convention was to meet on the 1st of September, at Monterey; but it did not get regularly organized until the 4th of that month, when Dr. Robert Semple, of the Sonoma district, was chosen president. The proportion of the native Californian members to the American was about equal to that of the population. Among the members was Captain John Sutter, the pioneer settler of California, General Vallejo and Antonio Pico, who had both been distinguished men in California, before the conquest. The body, as a whole, commanded respect, as being dignified and intellectual.

The Declaration of Rights was the first measure adopted by the Convention. Its sections being general and liberal in their character, were nearly all adopted by a unanimous vote. The clause prohibiting the existence of slavery was the unanimous sentiment of the Convention. The Const.i.tution will be found in another part of this work, and we will not here recapitulate its provisions. It combines the best features of the Const.i.tutions of the States east of the Rocky Mountains, and is in most respects similar to that of the State of New York.

The most exciting questions discussed were, a clause prohibiting the entrance of free people of color into the State, the boundary line, and the great seal of the State. The first, the clause prohibiting the entrance of free people of color into the State, pa.s.sed first reading, but was subsequently rejected by a large majority. The question of suffrage occasioned some discussion, widely differing opinions being entertained by the members. An article was adopted by the Convention, excluding Indians and negroes, with their descendants, from the privilege of voting; but it was subsequently modified by a proviso, which gave the Legislature power of admitting Indians, or the descendants of Indians to the right of suffrage by a two-thirds concurrent vote. Under this provision, some of the most wealthy and influential Californians are excluded from voting until permitted by the Legislature.

The boundary question, which came up towards the close of the Convention, was the most exciting theme. The point of dispute was the eastern boundary line. The Pacific formed the natural boundary on the west; the parallel of 42 degrees, the boundary on the north, and the Mexican line, run in conformity with the treaty of Guadalupe Hidalgo, the boundary on the south. The discussion, reconsideration and voting upon the various propositions occupied nearly two days. Finally, the line detailed in the Const.i.tution was adopted.

The discussion upon the adoption of the Great Seal for the State was amusing. Eight or ten designs were offered, and the members from the different districts were all anxious to have their particular district represented. The choice finally fell upon one offered by a Major Garnett. The princ.i.p.al figure is Minerva, with spear and shield, emblematic of the manner in which California was born, full-grown, into the confederacy. At her feet crouches the grizzly bear. Before him is the wheat-sheaf and vine, ill.u.s.trating the agricultural products of the country. Near them is the miner, with his implements.

In the distance is the Bay of San Francisco, and beyond that, the Sierra Nevada, over which appears the word "Eureka." The closing scenes of the Convention are described in graphic and vivid colors by one who was an eye-witness to them, and recorded them upon the spot.[12]

"The members met this morning at the usual hour, to perform the last duty that remained to them--that of signing the Const.i.tution. They were all in the happiest humor, and the morning was so bright and balmy that no one seemed disposed to call an organization. Mr. Semple was sick, and Mr. Steuart, of San Francisco, therefore called the meeting to order by moving Captain Sutter's appointment in his place.

The chair was taken by the old pioneer, and the members took their seats around the sides of the hall, which still retained the pine-trees and banners, left from last night's decorations. The windows and doors were open, and a delightful breeze came in from the bay, whose blue waters sparkled in the distance. The view from the balcony in front was bright and inspiring. The town below--the shipping in the harbor--the pine-covered hills behind--were mellowed by the blue October haze, but there was no cloud in the sky, and I could plainly see, on the northern horizon, the mountains of Santa Cruz and the Sierra de Gavilan.

"After the minutes had been read, the Committee appointed to draw up an Address to the people of California, was called upon to report, and Mr. Steuart, Chairman, read the Address. Its tone and sentiment met with universal approval, and it was adopted without a dissenting voice. A resolution was then offered to pay Lieutenant Hamilton, who is now engaged in engrossing the Const.i.tution upon parchment, the sum of $500 for his labor. This magnificent price, probably the highest ever paid for a similar service, is on a par with all things else in California. As this was their last session, the members were not disposed to find fault with it, especially when it was stated by one of them that Lieutenant Hamilton had written day and night to have it ready, and was still working upon it, though with a lame and swollen hand. The sheet for the signer's names was ready, and the Convention decided to adjourn for half an hour and then meet for the purpose of signing.

"I amused myself during the interval by walking about the town. Every body knew that the Convention was about closing, and it was generally understood that Captain Burton had loaded the guns at the fort, and would fire a salute of thirty-one guns at the proper moment. The citizens, therefore, as well as the members, were in an excited mood.

Monterey never before looked so bright, so happy, so full of pleasant expectation.

"About one o'clock the Convention met again; few of the members, indeed, had left the hall. Mr. Semple, though in feeble health, called them to order, and, after having voted General Riley a salary of $10,000, and Mr. Halleck, Secretary of State, $6000 a year, from the commencement of their respective offices, they proceeded to affix their names to the completed Const.i.tution. At this moment a signal was given; the American colors ran up the flag-staff in front of the government buildings, and streamed out on the air. A second afterward the first gun boomed from the fort, and its stirring echoes came back from one hill after another, till they were lost in the distance.

"All the native enthusiasm of Captain Sutter's Swiss blood was aroused; he was the old soldier again. He sprang from his seat, and, waving his hand around his head, as if swinging a sword, exclaimed; 'Gentlemen, this is the happiest day of my life. It makes me glad to hear those cannon: they remind me of the time when I was a soldier.

Yes, I am glad to hear them--this is a great day for California!'

Then, recollecting himself, he sat down, the tears streaming from his eyes. The members with one accord, gave three tumultuous cheers, which were heard from one end of the town to the other. As the signing went on, gun followed gun from the fort, the echoes reverberating grandly around the bay, till finally, as the loud ring of the _thirty-first_ was heard, there was a shout: 'That's for California!' and every one joined in giving three times three for the new star added to our Confederation.

"There was one handsome act I must not omit to mention. The captain of the English bark Volunteer, of Sidney, Australia, lying in the harbor, sent on sh.o.r.e in the morning for an American flag. When the first gun was heard, a line of colors ran fluttering up to the spars, the stars and stripes flying triumphantly from the main-top. The compliment was the more marked, as some of the American vessels neglected to give any token of recognition to the event of the day.

"The Const.i.tution having been signed and the Convention dissolved, the members proceeded in a body to the house of General Riley. The visit was evidently unexpected by the old veteran. When he made his appearance, Captain Sutter stepped forward, and having shaken him by the hand, drew himself into an erect att.i.tude, raised one hand to his breast as if he were making a report to his commanding officer on the field of battle, and addressed him as follows:

"'GENERAL: I have been appointed by the delegates, elected by the people of California to form a Const.i.tution, to address you in their names and in behalf of the whole people of California, and express the thanks of the Convention for the aid and cooperation they have received from you in the discharge of the responsible duty of creating a State government. And, sir, the Convention, as you will perceive from the official records, duly appreciates the great and important services you have rendered to our common country, and especially to the people of California, and entertains the confident belief that you will receive from the whole of the people of the United States, when you retire from your official duties here, that verdict so grateful to the heart of the patriot: 'Well done, thou good and faithful servant.'

"General Riley was visibly affected by this mark of respect, no less appropriate than well deserved on his part. The tears in his eyes, and the plain, blunt sincerity of his voice and manner, went to the heart of every one present. 'Gentlemen,' he said, 'I never made a speech in my life. I am a soldier--but I can _feel_; and I do feel deeply the honor you have this day conferred upon me. Gentlemen, this is a prouder day to me than that on which my soldiers cheered me on the field of Contreras. I thank you all from my heart. I am satisfied now that the people have done right in selecting delegates to frame a Const.i.tution. They have chosen a body of men upon whom our country may look with pride; you have framed a Const.i.tution worthy of California.

And I have no fear for California while her people choose their representatives so wisely. Gentlemen, I congratulate you upon the successful conclusion of your arduous labors; and I wish you all happiness and prosperity.'

"The General was here interrupted with three hearty cheers which the members gave him, as Governor of California, followed by three more, 'as a gallant soldier, and worthy of his country's glory.' He then concluded in the following words: 'I have but one thing to add, gentlemen, and that is, that my success in the affairs of California is mainly owing to the efficient aid rendered me by Captain Halleck, the Secretary of State. He has stood by me in all emergencies. To him I have always appealed when at a loss myself; and he has never failed me.'

[Ill.u.s.tration: RANCHE--UPPER CALIFORNIA.]

"This recognition of Captain Halleck's talents and the signal service he has rendered to our authorities here, since the conquest, was peculiarly just and appropriate. It was so felt by the members, and they responded with equal warmth of feeling by giving three enthusiastic cheers for the Secretary of State. They then took their leave, many of them being anxious to start this afternoon for their various places of residence. All were in a happy and satisfied mood, and none less so than the native members. Pedrorena declared that this was the most fortunate day in the history of California. Even Carillo, in the beginning one of our most zealous opponents, displayed a genuine zeal for the Const.i.tution, which he helped to frame under the laws of our republic."