As was resolved, the Convention met at Monterey on the date above named,
Robert Semple of Benicia, one of the delegates from the district of
Sonoma, being chosen president. The session lasted six weeks; and,
notwithstanding an awkward scarcity of books of reference and other
necessary aids, much labor was performed, while the debates exhibited a
marked degree of ability. In framing the original Constitution of
California, slavery was forever prohibited within the jurisdiction of
the State; the boundary question between Mexico and the United States
was set at rest; provision for the morals and education of the people
was made; a Seal of State was adopted with the motto Eureka,
and many other matters discussed.
In August General Riley issued
commissions to Stephen Cooper, appointing him Judge of First District,
and C. P. Wilkins Prefect of the district of Sonoma, while one of
General Riley's last appointments before the adoption of the
Constitution, was that of Richard A. Maupin, well remembered among
Sonoma's old resident's, to be Judge of the Superior Tribunal, in place
of Lewis Dent, resigned. Another well known pioneer who was at the
Convention from Sacramento County was Major Jacob R. Snyder, a resident
of Sonoma until his death.
We find that the "Superior Tribunal
of California" existed at Monterey in 1849; for, in September of that
year a "Tariff of fees for Judiciary Officers" was published, with the
following order of the Court: "That the several officers mentioned in
this order shall be entitled to receive for their services, in addition
to their regular salary, if any, the following fees, and services, in
addition to their regular salary, if any, the following fees, and none
others, until the further order of this Court." Here is added a list of
the fees to be appropriated by Judges of the First Instance, Alcaldes,
and Justices of the Peace, clerks of several courts, Sheriff or
Comisario, District Attorney, and Notaries Public.
We have already said that Stephen
Cooper was appointed Judge of First Instance for the District of Sonoma.
He commenced his labors in that office in October, 1849, as appears, in
the early record of the proceedings of that Court extant in the office
of the County Clerk of Solano County. The record of one of the cases
tried before Judge Cooper is reproduced as an instance of the quick
justice that obtained in 1849: -
"The people of California
Territory vs. George Palmer - And now comes the said people by right
their attorney, and the said defendant by Semple and O'Melveny, and the
prisoner having been arraigned on the indictment in this cause, plead
not guilty. Thereupon a jury was chosen, selected and sworn, when, after
hearing the evidence and arguments of counsel, returned into Court the
following verdict, to wit:
"The jury, in the case of Palmer,
defendant, and the State of California, plaintiff, have found a verdict
of guilty on both counts of the indictment, and sentenced him to receive
the following punishment, to wit:
"On Saturday, the 24th day of November,
to be conducted by the Sheriff to some public place, and there receive
on his bare back seventy-five lashes, with such a weapon as the Sheriff
may deem fit, on each count respectively, and to be banished from the
district of Sonoma within twelve hours after whipping, under the penalty
of receiving the same number of lashes for each and every day he remains
in the district after the first whipping.
"(Signed) ALEXANDER RIDDELL,
Foreman.
"It is therefore ordered by the
Court, in accordance with the above verdict, that the foregoing sentence
be carried into effect."
The Constitution was duly framed,
submitted to the people, and at the election held in the 13th November,
ratified by them, and adopted by a vote of twelve thousand and
sixty-four for it and eleven against it; there being, besides, over
twelve hundred ballots that were treated as blanks, because of
informality in the printing.
We here reproduce two of the tickets
which were voted at the time, and were distributed in and around
Sacramento and the upper portion of the State: -
PEOPLE'S
TICKET PEOPLE'S TICKET
___________________
______________________
FOR THE
CONSTITUTION FOR THE
CONSTITUTION
____________
__________
FOR
GOVERNOR FOR
GOVERNOR
JOHN A. SUTTER PETER
H. BURNETT
FOR Lieutenant
Governor FOR Lieutenant
Governor
JOHN McDOUGAL
JOHN McDOUGAL
FOR Representatives in
Congress FOR Representatives in Congress
WILLIAM E.
SHANNON EDWARD GILBERT
PET. HALSTED GEORGE
W. WRIGHT
FOR
State Senators
FOR State Senators
JOHN BIDWELL, Upper
Sacramento JOHN BIDWELL,
Upper Sacramento
MURRAY MORRISON, Sacramento
City MURRAY MORRISON, Sacramento
City
HARDING BIGELOW, Sacramento
City HARDING BIGELOW ,
Sacramento City
GILBERT A. GRANT,
Vernon GILBERT A.
GRANT, Vernon
FOR Assembly
FOR Assembly
H. C. CARDWELL, Sacramento
City H. C. CARDWELL,
Sacramento City
P. B. CORNWALL, Sacramento
City P. B. CORNWALL,
Sacramento City
JOHN S. FOWLER, Sacramento
City JOHN S. FOWLER,
Sacramento City
J.
SHERWOOD.
H. S. LORD, Upper Sacramento
ELISHA W. McKINSTRY,
MADISON WALTHAM, Coloma
MADISON WALTHAM,
Coloma W. B. DICKENSON,
Yuba
W. B. DICKENSON,
Yuba JAMES
QUEEN, South Fork
JAMES QUEEN, South
Fork ARBA K. BERRY,
Weaverville
W. L. JENKIN, Weaverville
The result of the election was:
Peter H. Burnett, Governor; John McDougal, Lieutenant - Governor; and
Edward Gilbert and George W. Wright sent to Congress. The District
of Sonoma polled at this election but five hundred and fifty-two votes,
four hundred and twenty-four of which were for Burnett. Of the
representatives sent from Sonoma, General Vallejo went to the Senate,
and J. S. Bradford and J. E. Brackett to the Assembly. Some
difficulty would appear to have arisen at this election, for M. R. A.
Thompson says: "General Vallejo's seat was first given to James Spect,
but on the 22d December, the committee reported that the official
return from Larkin's Ranch gave Spect but two votes instead of
twenty-eight, a total of but one hundred and eighty-one votes against
General Vallejo's one hundred and ninety-nine." Mr. Spect then gave up
his seat to General Vallejo.
We now produce the following interesting record of some of those who
formed the first California Legislature, not because it bears
specially on our subject, but as a matter of curiosity, interest and
reference:
The following is from the Colusa
Sun of April 26th: -
Hon. John S. Bradford, of
Springfield, Ill., who was a member of the first California
Legislature, procured from some of his colleagues a short
biographical sketch. Thinking it might be a matter of interest to
the people of California at the present time, he sends it to us. We
have the original document, with the sketches in the handwriting of
each member. Most of these gentlemen have figured conspicuously in
the history of the State since, but we believe there are but few now
living. Three of the sketches, Jose M. Covarrubias, M. G. Vallejo,
and Pablo de la Guerra, are written in Spanish, but we have had them
translated.
Senators. - David F.
Douglas - Born in Sumner County, Tennessee, the 8th of January,
1821. Went to Arkansas with Fulton, in 1836. On 17th March 1839, had
a fight with Dr. William Howell, in which H. was killed; imprisoned
14 months; returned home in 1842; immigrated to Mississippi; engaged
in the Choctaw speculation; moved with the Choctaws west as a clerk;
left there for Texas in winter 1845-46. War broke out; joined Hay's
regiment; from Mexico immigrated to California, and arrived here as
wagoner in December, 1848. ----------- M. G. Vallejo - Born in
Monterey, Upper California, July 7th, 1807. On the first of January,
1825, he commenced his military career in the capacity of cadet. He
served successfully in the capacity of Lieutenant, Captain of
Cavalry, Lieutenant-Colonel, and General Commandant of Upper
California. In 1835 he went to Sonoma County and founded the town of
Sonoma, giving land for the same. He was a member of Convention in
1849 and Senator in 1850. ------------- Elcan Heydenfelt - Born in
Charleston, South Carolina, September 15, 1821; immigrated to
Alabama in 1841; from thence to Louisiana in 1844; to California in
1849. Lawyer by profession. -----------------Pablo de la Guerra -
Born in Santa Barbara, Upper California, November 29, 1819. At the
age of nineteen he entered the public service. He was appointed
Administrator-General "de las rentas," which position he
held when California was taken by the American forces. From that
time he lived a private life until he was named a member of the
Convention which framed the Constitution of the State. Represents
the District of Santa Barbara and San Luis Obispo in the Senate.
--------------- S. E. Woodworth - Born in the city of New York,
November 15, 1815; commenced career as a sailor, A. D. 1832. Sailed
from New York March 9, 1834. Entered the Navy of the United States
June 14, 1838. Immigrated to California, via Rocky Mountains and
Oregon, April 1, 1846. Resignation accepted by Navy Department,
October 29, 1849. Elected to represent the District of Monterey in
the first Senate of the First Legislature of California for the term
of two years. ----------------- Thomas L. Vermule - Born in New
Jersey on the 11th of June, 1814; immigrated to California November
12, 1846. Did represent San Joaquin District in the Senate.
Resigned. ------------ W. D. Fair - Senator from the San Joaquin
District, California; native of Virginia; immigrated to California
from Mississippi in February, 1849, as "President of the Mississippi
Rangers;" settled in Stockton, San Joaquin District, as an attorney
at law. ------------- Elisha O. Crosby - Senator from Sacramento
District; born in Washington D. C., February 4, 1818; immigrated
from New York December 25, 1848; aged 34. ------------- D. C.
Broderick - Senator from San Francisco; born in Washington D. C.,
February 4, 1818; immigrated from Washington to New York City,
March, 1824; left New York for California, April 17, 1849.
---------------- E. Kirby Chamberlain, M.D. - President pro tem.
of the Senate, from the District of San Diego; born in Litchfield
county, Connecticut, April 24, 1805; immigrated from Connecticut to
Onondaga County, New York in 1815; thence to Beaver, Penn., in 1829;
thence to Cincinnati, Ohio, in 1842; served as Surgeon in the U.S.A.
during the war with Mexico; appointed Surgeon to the Boundary Line
Commission, February 10, 1840; embarked from Cincinnati, Ohio,
February 15; arrived in San Diego, June 1, 1849, and in San Jose,
December 12, 1849. ---------------- J. Bidwell. - Born in Chatauque
County, N. Y., 5th of August, 1819; immigrated to Pennsylvania;
thence to Ohio; thence to Missouri; thence in 1841 to California;
term in Senate one year. ----------- H. C. Robinson - Senator from
Sacramento; elected November 15, 1849; born in the State of
Connecticut; immigrated at an early age to Louisiana; educated as a
lawyer, but engaged in commercial pursuits; arrived at San
Francisco, February, 1849, per steamer "California," the first that
ever entered said port. ------------------ Benjamin S. Lippincott -
Senator from San Joaquin; born in New York; immigrated February,
1846, from New Jersey; by pursuit a merchant, and elected two years.
Assemblymen. - Elam
Brown - Born in the State of New York, in 1797; emigrated from
Massachusetts in 1805; to Illinois in 1818; to Missouri, 1837; and
from Platte County, in Missouri, 1846, to California.
------------------- J. S. K. Ogier - Born in Charleston, South
Carolina; immigrated to New Orleans, 1845, and from there to
California, December 18, 1848. ---------------- E. B. Bateman M.D. -
Emigrated from Missouri, April, 1847; residence, Stockton, Alta
California. ---------------------- Edmund Randolph - Born in
Richmond, Virginia; immigrated to New Orleans, 1843; thence to
California, 1849; residence, San Francisco.
---------------------------- E. P. Baldwin - Born in Alabama;
emigrated from thence in January, 1849; arrived in California, May
1, 1850; represents San Joaquin District; resides in Sonora,
Tuolumne County. ------------------- A. P. Crittenden - Born in
Lexington, Ky.; educated in Ohio, Alabama, New York, and
Pennsylvania; settled in Texas in 1839; came to California in 1849;
represents the county of Los Angeles. ------------- Alfred Wheeler -
Born in the city of New York, the 30th day of April, 1820; resided
in New York City until the 21st of May, 1849, when he left for
California. Citizen and resident of San Francisco, which district he
represents. ------------------ James A. Gray, Philadelphia -
Monterey, California; immigrated in 1846 in the first New York
Regiment of Volunteers; ------------ Joseph Aram - Native of State
of New York; immigrated to California, 1846; present residence, San
Jose, Santa Clara County. ------------------- Joseph C. Morehead -
Born in Kentucky; immigrated to California in 1846; resides at
present in the county of Calaveras, San Joaquin District.
----------------- Benjamin Cory M.D. - Born November 12, 1822;
immigrated to the Golden State in 1847; residence in the valley of
San Jose. ----------------- Thos. J. Henley - Born in Indiana;
family now reside in Charlestown, in that State; immigrated to
California in 1849, through the South Pass; residence at Sacramento.
------------- Jose M. Covarrubias - Native of France; came to
California in 1834; residence in Santa Barbara, and Representative
for that District. ------------------ Elisha W. McKinstry - Born in
Detroit, Michigan; immigrated to California in March, 1849;
residence in Sacramento District, city of Sutter.
------------------- George B. Tingley - Born August 15, 1815,
Clermont County, Ohio; immigrated to Rushville, Indiana, November 4,
1834; started to California April 4, 1849; reached there October
16th; was elected to the Assembly November 13th, from Sacramento
district; is now in Pueblo de San Jose. --------------- Mr.
Bradford, himself, represented our (Sonoma) district in the
Assembly.
On Saturday, December 15, 1849,
the first State Legislature met at San Jose, E. Kirby Chamberlain
being elected President pro tem. of the Senate, and Thomas
J. White, Speaker of the Assembly.
In the year 1850, Senator M. G.
Vallejo became convinced that the capital of California should be
established at a place which he desired to name Eureka, but which
his colleagues, out of compliment to himself, suggested should be
named Vallejo. To this end the General addressed a memorial to the
Senate, dated April 3, 1850, wherein he graphically pointed out the
advantages possessed by the proposed site over other places which
claimed the honor. In this remarkable document, remarkable alike for
its generosity of purpose as for its marvelous foresight, he
proposed to grant twenty acres to the State, free of cost, for a
State Capital and grounds, and one hundred and thirty-six acres more
for other State buildings, to be apportioned in the following
manner: Ten acres for the Governor's house and grounds; five acres
for the offices of the Treasurer, Comptroller, Secretary of State,
Surveyor General, and Attorney-General, should the Commissioners
determine that their offices should not be in the Capitol building;
one acre to State Library and Translator's office, should it be
determined to separate them from the State House building; twenty
acres for an Orphan Asylum; ten acres for a Male Charity Hospital;
ten acres for a Female Charity Hospital; four acres for an Asylum
for the Blind; four acres for a Deaf and Dumb Asylum; twenty acres
for a Lunatic Asylum; eight acres for four Common Schools; twenty
acres for a State University; four acres for a State Botanical
Garden; and twenty acres for a State Penitentiary.
But with a munificence casting
this already long list of grants into the shade, he further proposed
to donate and pay over to the State, within two years after the
acceptance of these propositions, the gigantic sum of three hundred
and seventy thousand dollars, to be apportioned in the following
manner: For the building of a State Capitol, one hundred and
twenty-five thousand dollars; for furnishing the same, ten thousand
dollars; for building of the Governor's house; ten thousand dollars;
for furnishing the same, five thousand dollars; for the building of
State Library, and Translator's Office, five thousand dollars; for a
State Library five thousand dollars; for the building of the offices
of the Secretary of State, Comptroller, Attorney-General,
Surveyor-General, and Treasurer, should the Commissioners deem it
proper to separate them from the State House, twenty thousand
dollars; for the building of an Orphan Asylum, twenty thousand
dollars; for the building of a Female Charity Hospital, twenty
thousand dollars; for the building of a Male Charity Hospital,
twenty thousand dollars; for the building of an Asylum for the
Blind, twenty thousand dollars; for the building of a Dead and Dumb
Asylum, twenty thousand dollars; for the building of a State
University, twenty thousand dollars; for University Library, five
thousand dollars; for scientific apparatus therefor, five thousand
dollars; for chemical laboratory therefor, three thousand dollars;
for a mineral cabinet therefor, three thousand dollars; for the
building of four common school edifices, ten thousand dollars; for
purchasing books for same, one thousand dollars; for the building of
a Lunatic Asylum, twenty thousand dollars; for a State Penitentiary,
twenty thousand dollars; for a State botanical collection, three
thousand dollars.
In his memorial, the General
states with much lucidity his reasons for claiming the proud
position for the place suggested as the proper site for the State
Capital. Mark the singleness of purpose with which he bases these
claims: -
"Your memorialist, with this
simple proposition (namely, that in the event of the government
declining to accept his terms it should be put to the popular vote
at the general election held in November of that year - 1850), might
stop here, did he not believe that his duty as a citizen of
California required him to say this much in addition - that he
believes the location indicated is the most suitable for a permanent
seat of government for the State of California, for the following
reasons: That it is the true center of the State, the true center of
commerce, the true center of population, and the true center of
travel; that, while the Bay of San Francisco is acknowledged to be
the first on the earth, in point of extent and navigable capacities,
already, throughout the length and breadth of the wide world it is
acknowledged to be the very center between Asiatic and European
commerce. The largest ship that sails upon the broad sea can, within
three hours, anchor at the wharves of the place which your
memorialist proposes as your permanent seat of government. From this
point, by steam navigation , there is a greater aggregate of mineral
wealth within eight hours' steaming, than exists in the Union
besides; from this point the great north and south rivers - San
Joaquin and Sacramento - cut the State longitudinally through the
center, fringing the immense gold deposits on the one hand, and
untold mercury and other mineral resources on the other; from this
point steam navigation extends along the Pacific coast south to San
Diego and north to the Oregon Line, affording the quickest possible
facilities for our sea-coast population to reach the State Capital
in the fewest number of hours. This age, as it has been truly
remarked, has merged distance into time. In the operations of
commerce and the intercourse of mankind, to measure miles by the rod
is a piece of vandalism of a by-gone age; and that point which can
be approached from all parts of the State in the fewest number of
hours, and at the cheapest cost, is the truest center.