History of the State of California / From the Period of the Conquest by Spain to Her Occupation by the United States of America

by John Frost

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 Constitution will be found in another part of this work, and we will not here recapitulate its provisions. It combines the best features of the Constitutions 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, passed 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 Constitution 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 principal 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, illustrating 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 Constitution. 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 Constitution 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 Constitution. 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.