History of California

by Helen Elliott Bandini

The disappointment was great when it was found that nothing had been done except to pass the revenue laws, which meant taxation without representation. In the plaza and on the streets the crowds were loud in their disapproval. The excitement was almost as great as in Boston, so long before, when the news of the tax on tea arrived. A mass meeting was called.

“It is plain they expect us to settle the slavery question for ourselves,” said one. “We can do it in short order,” said another.

Monday, September 3, 1849, the constitutional convention met at Monterey.

“Recognizing the fact that there is need of more than human wisdom, in the work of founding a state under the unprecedented condition of the country,” says the minutes of that meeting, “the delegates voted to open the session with prayer.” It was decided to begin each morning’s work in this way, the Rev. S. H. Willey and Padre Ramirez officiating alternately.

There were present forty-eight delegates, seven of whom were Spanish Californians. Of these Carrillo of the south and General Vallejo of Sonoma were prominent. They were able men, who were used to governing and who understood fairly well the needs of the times. Later, in the United States Senate, Mr. Webster quoted Mr. Carrillo of “San Angeles,” as he called it. Another delegate, Dr. Gwin, was a Southern man who had recently come to California for the purpose of gaining the position of United States senator and of so planning things that even though the state should be admitted as free soil, it might later be divided and part be made slave territory.

He depended for this upon the boundaries. If the whole great section was admitted as California, he thought division would surely follow with the southern part for slavery. The people, however, showed themselves opposed to slavery in their new state, and Dr. Gwin soon found that he must either forego his hopes of becoming senator or give way on this point. The constitution finally adopted was that of a free state with its boundaries as they are to-day. The new legislature chose Colonel Fremont and Dr. Gwin senators, and they left in January, 1850, for Washington, taking the new constitution to offer it for the approval of Congress.

While the people of the Pacific coast had been making their constitution, Congress was in session, and the subject of California and slavery was still troubling the nation. The discussion grew so bitter that in January Clay brought forward his famous Omnibus Bill, so called because it was intended to accommodate different people and parties, and contained many measures which he thought would be so satisfactory to the senators that they would pass the whole bill, although part of it provided for the admission of California as a free state.

At once Southerners sprang forward to resist the measure. They realized keenly that slavery could not hold its own if the majority of the country became free soil. They must persist in their demand for more slave territory, or give up their bondmen. Calhoun, the great advocate of slavery, who was at that time ill and near his death, prepared a speech, the last utterance of that brilliant mind, which was delivered March 4th. He was too ill to read it, but sat, gaunt and haggard, with burning eyes, while his friend spoke for him. It closed with the declaration that the admission of California as a slave or a free state was the test which would prove whether the Union should continue to exist or be broken up by secession. If she came in free, then the South could do no less than secede.

Three days later, March 7th, Webster delivered one of the great speeches of his life. In it he said, “The law of nature, physical geography, and the formation of the earth settles forever that slavery cannot exist in California.”

Seward followed with a speech mighty in its eloquence. He said: “California, rich and populous, is here asking admission to the Union and finds us debating the dissolution of the Union itself. It seems to me that the perpetual unity of the empire hangs on this day and hour. Try not the temper and fidelity of California, nor will she abide delay. I shall vote for the admission of California directly, without conditions, without qualifications, and without compromise.”