mation, signing it as "Governor and Commander-in- ardent desire to promote, as far as he is able, the inChief of California." One day later Commodore W. terests of the country and the welfare of its inhabiB. Shubrick arrived at Monterey, and at once assumed tants. the title and duties of Commander-in-Chief, as his proclamation of February 1st, 1847, shows. But it lasted one full month before he and Kearney dared to show their joint complicity; they did so in the following circular order, practically intended to be a notice to Fremont that he had no right to the office of governor; but that he was a usurper, and that it would be at his own peril if he would do so any longer : CIRCULAR. To all Whom it May Concern, Be it known, that the President of the United States, desirous to give and secure to the people of California a share of the good government and happy civil organization enjoyed by the people of the United States, and to protect them at the same time from the attacks of foreign foes and from internal commotions, has invested the undersigned with separate and distinct powers, civil and military, a cordial co-operation in the service of which, it is hoped and believed, will have the happy result desired. To the commander-in-chief of the naval forces the President has assigned the regulations of the import trade the conditions on which the vessels of all nations, our own as well as foreign, may be admitted into the ports of the territory, and the establishment of all port regulations. To the commanding military officer the President has assigned the direction of the operations on land, and has invested him with administrative functions of government over the people and territory occupied by the forces of the United States. "The undersigned has instructions from the President to respect and protect the religious institutions of California, and to see the religious rights of the people are in the amplest manner preserved to them, the Constitution of the United States allowing every man to worship his Creator in such a manner as his conscience may dictate to him. "The undersigned is also instructed to protect the persons and property of the quiet and peaceable inhabitants of the country against any or all of their enemies, whether from abroad or at home; and when he now assures the Californians that it will be his duty and pleasure to comply with those instructions, he calls upon them all to exert themselves in preserving order and tranquility, in promoting harmony and concord, and in maintaining the authority and efficiency of the law. "It is the wish and design of the United States to provide for California, with the least possible delay, a free government similar to those in her other territories, and the people will soon be called upon to exercise their rights as freemen in electing their own representatives, to make such laws as may be deemed best for their interest and welfare; but, until this can be done, the laws now in existence, and not in conflict with the Constitution of the United States, will be continued until changed by competent authority, and those persons who hold office will continue in the same manner for the present, provided they swear to support the Constitution and faithfully perform their duty. "The undersigned hereby absolves all the inhabitants Done at Monterey, Capital of California, this first of California from any further allegiance to the Reday of March, 1847. W. BRADFORD SHUBRICK, Commander-in-Cheif of Naval Forces. S. W. KEARNEY, Brigadier-General U. S. A., and Governor of California. A proclamation by Kearney, as governor, was issued the same day. In this he entirely ignores the existence of the treaty of Couenga, notifying the Californians that they were citizens of the United States and were absolved from allegiance to Mexico. This was a breach of faith, and they were justified to doubt in the integrity of those into whose hands they had public of Mexico, and will consider them as citizens of the United States. Those who remain quiet and peaceable will be respected in their rights and protected in them. Should any take up arms against or oppose the government of this territory, or instigate others to do so, they will be considered as enemies and treated accordingly. "When Mexico forced war upon the United States, time did not permit the latter to invite the Californians as friends to join her standard, but compelled her to take possession of the country to prevent any European power from seizing upon it, and in doing so, some excesses and unauthorized acts were no doubt committed by persons employed in the service of the United States, by which a few of the inhabitants have "The President of the United States having instructed met with a loss of property. Such losses will be duly the undersigned to take charge of the civil govern-investigated and those entitled to remuneration will ment of California, he enters upon his duties with an receive it. fallen. PROCLAMATION TO THE PEOPLE OF CALIFORNIA. “California has for many years suffered greatly from domestic troubles. Civil wars have been the poison fountains which have sent forth trouble and pestilence over her beautiful land. Now those fountains are dried up, the star spangled banner floats over California, and as long as the sun continues to shine upon her, so long will it float there, over the natives of the land as well as others who have found a home in her bosom; and under it agriculture must improve and the arts and sciences flourish as seed in a rich and fertile soil. "The Americans and Californians are now one people. Let us cherish one wish, one hope, and let that be for the peace and quiet of our country. Let us, as a band of brothers, unite and emulate each other in our exertions to benefit and improve this beautiful land which soon must be our happy and prosperous home. "Done at Monterey, capital of California, this 1st day of March, A. D. 1847, and in the seventy-first year of the Independence of the United States. S. W. KEARNEY, and Fremont, after suffering all such outrageous treatment only in consequence of the quarrel between his superiors and the jealousy of one of them, declined to profit of the executive benevolence and quitted the military service. After Fremont's departure, May 31st, Colonel R. B. Mason, of the first United States dragoons, by means of his rank, took up the office of governor, with W. T. Sherman as his adjutant-general, and H. W. Halleck as secretary of state, and as his term lasted until April 13, 1849; it was during his administration that the great events of the year 1848 occurred; but while these events, as far as the old world is concerned, were dressed in revolution and painted in the color of war-blood, the contemporary events in this world were devoted to peace and peaceable discoveries, which resulted in gaining of the national wealth and the opening of a great field for immigration. Gold was discovered at Coloma on January 19, 1848. At the same time, and unaware of the wealth of the country they were discussing about, the peace Brig. Gen., U. S. A., and Gov. of California." commissioners met to stipulate the articles for a treaty Fremont thus being ousted from the governorship, between the United States and Mexico, which was got orders on March 11th, which without a doubt sat- made and signed on February 2d, to be ratified by the isfied him that neither Commodore Stockton nor him- government of the United States on March 10th, and self would be sustained by the home government; he by that of the Republic of Mexico on May 24th, and furthermore was ordered to either disband the Cali- the official news of peace between the United States fornia battalion or muster it into the United States and Mexico arrived at Governor Mason's head quarters service. This the whole force refused to do, but wanted in September. The news of the discovery of gold, their pay, and when Fremont addressed himself to sent officially by Governor Mason to the President at Kearney to get this transaction settled, he received Washington, arrived there in time to be taken up in orders from Monterey to send those under his com- the President's regular message of 1848. After the mand that would not muster, by water to Monterey, aforementioned treaty, California as well as New and report at the same place within twelve days. This Mexico remained to be a part of the United States, he failed to do, and when he saw that one man's strength could stand such pressure no longer, he yielded; Col. P. St. George Cook, of the Mormon battalion had between the time demanded possession of his artillery and Colonel R. B. Mason came from Monterey to Los Angeles to muster the California battalion into the United States service. Kearney, however, refused him permission to join his regiment, but sold bis horses, disposed of his other outfit and ordered him to repair to Monterey. And when Kearney was ready to go East, on May 31, 1847, Fremont was compelled to accompany him to Fort Leavenworth, where he was arrested for insubordination, thence conveyed to Fortress Monroe, tried by Courtmartial, found guilty of mutiny, disobedience and disorderly conduct, and was sentenced to forfeit his commission in the army, but was recommended to the benevolence of the President. The latter approved the sentence of the court, but ordered him on duty again; for which the latter government paid to Mexico the amount of $15,000,000, and assumed an indemnity debt of $3,500,000, owed by the Mexican government to citizens of the United States. The population of California, on January 1, 1849, on an estimate amounted to 13,000 Californians, 8,000 Americans 5,000 foreigners; a total of 26,000. During the year 1848, the news of the discovery of gold in California had not benefitted many more than the residents of the country, but the news was running all over the globe, and where it arrived there was caused more or less excitement, and everywhere some daring fellows would be found anxious to test the news. On the 31st of August a vessel from the Sandwich Islands sailing up the Columbia, brought the first news of the discovery into Oregon, and soon a company was made up to start with twenty wagons overland to California; this was the first trial to take wagons from Oregon to California; while about an between that part of the population that came from equal number took passage with whatever vessel was accessible to start direct or indirect for San Francisco, and San Francisco became the motto of the day. The name of Yerba Buena disappearing entirely, first in common use, and soon followed by the official authorities. other parts of the United States, and as they were the majority of new comers this feeling was rather growing than diminishing. Immediately after the news of the conclusion of the treaty of Queretaro, sometime in the Spring of 1848, reached the coast, California made great efforts to throw off the control that the military branch of the United States government unlawfully continued; but three bills introduced in Congress for new territory were defeated, after a series of accrimonious debates, by the Congress in session. On the first day of the following session Stephen A. Douglas gave notice of a bill for the admission of California as a State, and introduced it seven days thereafter. The short session of the 30th Congress, however, having The first vessel from abroad, laden with gold seekers, arrived in the port of San Francisco early in the Spring of 1849, introducing the rapid succession the organization of a territorial government for the of vessels of all nations that came, for many years, sailing or steaming into this port like being thrown together by a tidal wave. During the ten and a half months, from April 12th, 1849, to February 28th, 1850, there arrived in San Francisco 43,824 passengers; 31,725 of them were American men, 951 American women, 10,394 foreign men, 754 foreign women; distinguished itself by sectional strife over this and and a stream of emigrant trains equal to the former was moving continually over the plains, creeping up and down the mountains, fording rivers with all possible difficulties, and under continuous danger of being attacked by hostile Indians; but they arrived one after another, opening the great emigrant roads over the Sierra Nevada into California, and swelling the population up to never before thought of figures. The population of California: January 1st, 1849, (estimated). CENSUS -INCREASE 26,000 107,069 81,069 264,435 171,838 379,994 115,559 560,247 180,253 864,836 304,589 kindred measures, adjourned on the 4th of March, 1849, and when Governor Bennett Riley, who succeeded R. B. Mason, or rather General Persifer Smith, on April 13th, 1849, declared in his proclamation that the same laws that had been executed in the country since Sloat hoisted the American flag at Monterey, and the country was kept under the conquest, would remain in force within the territory provided they were not contrary to the Constitution of the United States, until changed by competent authority; it did not result in an increase of popularity in regard to those laws. On the contrary, the understanding more that there was no law in grew more and existence under which the military branch of the United States government could continue to control the country, as she actually did, after peace was made and the treaty had been ratified by both parties; and General Riley, upon an official hint from Washington, although not authorized by law, in response to the vox populi, on June 3d, by proclamation prescribing election districts, the number of delegates and the for Admittance of California as a State-General Riley Is- mode of their election, recommended a Constitutional suing a Call for a Constitutional Convention-Number of Convention, to meet at Monterey on the 1st of SepDelegates the Sacramento District is entitled to-Delegates Chosen Constitutional Convention Organized Sept. 3d, 1849-Officers of the Convention-The Slavery Clause 66 1850,.. 66 1852, . 66 CHAPTER XI. LAWS AND ORGANIZATIONS OF CALIFORNIA. The Laws Executed in the Territory-Three Bills for Territorial Government in California Defeated by Congress-Bill tember, 1849. The 1st af August was set for the election of delegates to the proposed convention, and for filling any vacancies existing in office. The dis-G. J. Carpenter's Opinion-Size of the State-Mining tricts of Sonoma, Sacramento and San Joaquin were and Cow Counties-San Jose first Capital-Peoples' vote for and against the Constitution-Vote for Governor and to vote for one Judge for the Superior Court also, and other Officers-State Senators and Congressmen of Sacra- the persons chosen, if qualified, were to be appointed mento District-Military Government Renounced-Califor- by the governor. The district of Sacramento, includnia asks for Admission again-First California Legislature, United States Senators elected--Subdividing the State into Counties-Authorizing County Elections-List of Original Counties-State of California Admitted into the Union The news Arrived in San Francisco-List of Governors Table of Population. ing that part of the State east of the Sacramento river and north of the Cosumnes, was entitled to four delegates, but Gen. Riley, in his proclamation had given permission for any district to elect supernumeraries, if the district thought itself entitled to more repBut the uncertainty of the laws executed in the resentatives,, and left the question of admitting these Territory seemed to create much discontentedness gentlemen to the decision of the Convention. The delegates thus chosen from the district were: John nishing the model. The lines of the State were A. Sutter, Jacob R. Snyder, Winfield Scott Sherwood and W. E. Shannon; and the supernumeraries: John S. Fowler, L. W Hastings, John McDougal, E. O. Crosby, M. M. McCarver, John Bidwell, W. Blackburn, James Queen, R. M. Jones, W. Lacy and C. E. Pickett. This drawn around one hundred and eighty-seven thou- At the appointed time the Constitutional Convention met at Monterey, on Sept. 1st, but it being a Saturday, and no quorum being present, an adjournment was made until Monday, Sept. 3d, 1849. On Monday the convention was organized; the total number of members was forty-seven, representing seventeen states of the Union, and five foreign countries, as well as all political parties. Of the fifteen delegates elected only preventing the exemption of any property not proeight were present and partook of the duties and honors of framing the constitution. The meetings of the Convention were held in Colton Hall, at Monterey. Table showing the representation of Sacramento District in the Constitutional Convention at Monterey, September, 1849: tected from taxation by the Constitution and laws of the United States. San Jose was made the capital. "The constitution was regarded as one of the best of the United States at that time, but the judicial system was cumbersome and expensive, and it allowed great latitude to the legislature, which it was afterwards found, generally went to the extreme of their constitutional permits, and a more binding instrument was demanded." The constitution was submitted to a vote of the people on November 13, 1849, together with the general election of state officers, and the vote was almost solid in favor of the constitution; 12,065 being for, and only 811 against it. The following votes were cast for the five nominated candidates for governor : Peter H. Burnett.... John A. Sutter... Total..... . 6,716. 3,188. 1,475. 2,201. 619. 14,199. Dr. Robert Semple, the editor of The Californian, and founder of Benicia, was elected President; William G. Marcy, Secretary and designor of seal; Caleb Lyons, of Lyonsdale, Assistant Secretary and Designor of Seal; and J. Ross Browne was short-hand reporter. After an industrious and harmonious session of six weeks the Convention had completed its labors and adjourned on the 13th of October. On the John McDougal was elected Lieutenant-Governor ; tenth day of the session the following clause, prohibit- William Van Voorhies, Secretary of State; Richard ing slavery in the new State, was adopted unanimously Roman, Treasurer; J. S. Houston, Comptroller; Ed. and without a debate, notwithstanding a majority of J. C. Kewen, Attorney-General; Charles J. Whiting, the members of the Convention were from the South, Surveyor-General, S. C. Hastings, Chief-Justice. A. or slave-holding states: "Neither slavery nor involun- Lyon and Nathaniel Bennett, Assistant-Justices. Edtary servitude, unless for the punishment of crime, ward Gilbert and George W. Wright, were elected to shall ever be tolerated in this State."-"Thus did the represent the territory in congress. Convention rebuke congressional agitation and intervention, and show how much better and wiser it is to manage and control local affairs at home than to intrust them to incapables at a distance." (G. J. Carpenter, Centennial oration.) The constitution was to a great extent made up by selections from the constitutions of other States; that of the recently organized State of Iowa fur Sacramento district elected the following senators : John Bidwell, Elisha O. Crosby, Thomas J. Green and Henry E. Robinson; and the following to the assembly: John Bigler, P. B. Cornwall, (resigned January 28, 1850), Thomas J. Henley (chosen in his stead), E. W. McKinstry, Madison Walthall, John F. Williams, H. C. Cardwell, John T. Hughes, George B Tingley, Thomas J. White and W. G. Deal. |