Various were the feelings excited, and as various the opinions expressed in regard to these proclamations, but a large majority of the people of San Francisco were fully decided in the idea that Gen. Riley had assumed an authority, which, even if it was “in accordance with the instructions of the Secretary of War,” was one which he had no right to assume, and was in fact nothing more nor less than an unjust usurpation of power.

Trouble was again anticipated, and it was understood that, backed by Gen. Riley’s proclamation, the former alcalde, Mr. Leavenworth, would attempt the re-seizure of the town records. A few days after the publication of this document, a writ was served upon the town Register, calling for their delivery; he refused to give them up, and when an attempt was made to seize them, a force of about fifty of the most respectable citizens, gathered at the court-house, determined, if necessary, to resist vi et armis. The alcalde’s sheriff presented his writ, and was replied to by Wm. M. Stewart, presiding judge, that the records could not be removed, and seeing that a strong party was arrayed against him, he left without making any forcible attempt to take them. Gen. Riley refused to lend the alcalde the assistance of any military force, and matters were soon progressing again as before.

On the 12th of June, a large meeting was held in Portsmouth Square, for the purpose of taking steps towards the establishment of a state government for California. The call for this meeting had been signed by a large number of respectable citizens, and was issued before Gen. Riley’s proclamations were published, and could therefore have no connexion with them. This meeting was addressed by Hon. T. Butler King, Hon. Wm. M. Gwin, William A. Buffum, Esq., and other speakers, all of whom urged the propriety of the immediate formation of a state government for California.

In reply to the proclamations of Gen. Riley, an address was issued by the Legislative Assembly of San Francisco, written by Peter H. Burnett, the present governor of California, setting forth in a clear and succinct manner, the right of the people, in the absence of a territorial government established by Congress, to legislate for themselves, and justifying, in a masterly way, the course which had been pursued by the Legislative Assembly.

In order to avoid all difficulty and confusion, and arrive, by the shortest and most practicable mode, at the “consummation devoutly to be wished,” the establishment of a state government for California, the Assembly and their supporters united cordially with the other citizens of California, and on the first day of August an election was held in accordance with the proclamation of Gen. Riley, at which were chosen the various local officers, and members of convention, to meet at Monterey, on the first of September, for the purpose of forming a constitution.

The convention met, and a more sensible and dignified body of men never assembled in any portion of the world. After six weeks’ severe labour, a constitution was prepared and laid before the people of California for their ratification or rejection. It was a constitution of the most radically democratic character, and most admirably adapted to the wishes and wants of the people over whom it was to be extended.

On the 13th day of November an election was held, at which the state constitution received an almost unanimous ratification, and at the same time a governor, and the necessary state officers, members of the state legislature, and two members of Congress, were chosen. The choice for governor fell upon Peter H. Burnett, Esq., one of the early emigrants to Oregon, and who there received the appointment as judge of the Supreme Court, an enterprising citizen of California, and one of the first to declare the rights of her people. John M’Dougal, Esq., formerly of Kentucky, was elected lieutenant-governor, and George W. Wright, and Edward Gilbert, representatives to Congress. The first State Legislature met at the capital, the Pueblo de San José, on the 15th of December, and elected Hon. John C. Fremont, and Wm. M. Gwin, Senators to the Congress of the United States. The action of Congress is thus alone necessary to constitute California one of the sovereign states of the American Union, and it is earnestly to be hoped that that august body will no longer trifle with the interests or the demands of so great and powerful a people. The struggles of California have been arduous, her trials severe; she has been taxed for the support of the general government, while not even a shadow of protection has been extended over her; and has been ruled by a military power against her own wishes, till her people have risen in their might and demanded that they should have a voice and a representation in the councils of the nation.

In tracing the causes which have created California a state, it will be seen that that little body of men, the Legislative Assembly of San Francisco, were the first to set the ball in motion, and I cannot refrain from giving them the credit which is their due. The proclamation of General Riley would probably not have been issued to this day, had not the body of which I have spoken taken the preliminary steps, and although General Riley deserves gratitude from the people for what he did, and as a man, is one of “nature’s noblemen,” I shall ever look upon his assumption of power as Civil Governor of California as unwarranted and unjust.

CHAPTER X.

Growth of San Francisco—Number of Houses erected—Prices of Real Estate—Rents—Wages of Mechanics and Labourers—Gambling—Prices Current—Climate—Churches—Steamboats—Statistics of Shipping, &c., &c., &c.