The election was held on February 21, 1849 as planned. Wyden Norton, Heron R. Per Lee, and William M. Steuart were elected justices of the peace; and Stephen A. Wright, Alfred J. Ellis, Henry A. Harrison, George C. Hubbard, George Hyde, Isaac Montgomery, William M. Smith, Andrew J. Grayson, James Creighton, Robert A. Parker, Thomas J. Roach, William F. Swasey, Talbot H. Green, Francis J. Lippitt, and George Hawk Lemon were chosen members of the first legislature.1

The assembly held its first meeting at the Public Institute in San Francisco on Monday evening, March 5th. The oath of office was administered by Judge H. R. Per Lee, Hyde was appointed temporary chairman, and the members proceeded to the election of officers. Lippitt was elected speaker and J. Howard Ackerman clerk. J. Cade was appointed sergeant-at-arms and E. Gilbert printer. On motion a committee of three was appointed to act in connection with the judges of the district, whose duty should be to report a code of laws as soon as practicable. At a second meeting held on the following evening a committee was appointed to wait upon Major General Persifor F. Smith, who had superseded Mason as commander of the Pacific military division, on February 26th, and Commodore Thomas Catesby C. Jones of the naval forces on the Pacific. The committee was to inform these officers of the motives which had impelled the people of San Francisco to organize a government, and respectfully to solicit the support of the military and naval forces.2

1 California Message and Correspondence, 1850, 731.

2 Ibid., 732.

ee reported to General Smith on March 10th. the reasons given for organizing a local govhe following: (1) the extensive powers exercaldes were incompatible with the American ; and since the treaty of peace was signed, exercising not only greater powers but had abuse their authority; (2) the people had for Congress to organize a government for id since the ratification of the treaty of peace, believed, Governor Mason had withdrawn ection with the civic relations of the terri

h's reply was dated March 27th. He made answer the arguments made by the commitcould not support the government which the rancisco organized. His reason was that the stablished during the war had been recogesident as a de facto government, and must be ntil Congress should organize another. Any e existing government who was not doing › was abusing his power, the General promemoved and punished when proven guilty.2 n to the existing order of things was stronger co than elsewhere because the population erican. It is true that the majority of the mining section were also from the United were too completely absorbed in the search

for gold to take the same proportionate interest in governmental affairs as the people in the towns. The feeling of dissatisfaction was general, however, and became more so as immigration increased. Unable to secure the protection to which they believed themselves entitled in their local affairs, there seems to have been a tendency, more or less general in the northern towns, to assume such authority as the people of the communities deemed necessary for their own protection a tendency with which the military rulers did not always interfere.2 Gradually, as the local dissatisfaction became more widely known, the people in various parts of the territory began to think of some general method of organization which would relieve the territory of alcalde rule and provide for a more substantial system of government. Several towns held meetings and discussed the propriety of such an organization during the latter part of Mason's governorship. When Riley succeeded him on April 12, 1849, therefore, conditions were ripe for the establishment of a general government.

1 At Monterey, for instance, the people took matters into their own hands and quickly dispatched some American desperadoes who committed assaults on the native population. Roach, Statement of Historical Facts on California, ms., 5. San Francisco's summary disposal of the "Hounds" is well known. See Bancroft, History of California, VI, 211-12.

2 General Smith, in his reply to the San Francisco committee already referred to, said he believed that the people of each district "should have and exercise the free right to establish such interior regulations for police and security" as they might deem necessary, providing such regulations were in harmony with the existing laws. California Message and Correspondence, 1850, 737

CALL

As we h February

form a co

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furnished

renew the

came that territorial

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1The trag melancholy in bare us the Cifornia?"

A man by te gold-dust

Bancroft,

CHAPTER IV

D ORGANIZATION OF THE CONVENTION

1

seen already, the California Star as early as 1847 urged the calling of a convention to ution for a territory, but public sentiment y for such a move at that time. A murin the mining district in November, 1848, occasion for the Star and Californian to position. At about the same time news ngress had adjourned without providing a ernment, and several companies of immiin California, many of whom had assisted dependent governments in Oregon and A new impulse was given to the idea as a meetings were called December 11, 1848 at ember 21st at San Francisco; and at Sacraary 6th and 8th, 1849.3

late enacted in the mining district affords still another ce of outraged law. . . . In a word, it brings vividly mentous question-Shall we have a civil Government in and Californian for Dec. 2, 1848.

ame of Pomeroy and his companion had been killed for carried.

ory of California. VL. 260.

Public Meetings Recommending a General Convention

The people of San José assembled in the alcalde's office, appointed a committee to draw up resolutions, and recommended that a convention be held at that place on the second Monday of January for the purpose of organizing a civil government for the territory. K. H. Dimmick, Benjamin Cory and J. D. Hoppe were elected delegates to the convention.1 At San Francisco also resolutions were passed. These were to the effect that the "frequent murders and other daring outrages committed of late in different parts of the country, especially at the mines, while there was no proper legal protection for the lives and property of the citizens, had forced the people to conclude that Congress had been trifling with them in delaying the long proposed constitution-that there was no more time to wait-and therefore that instant steps should be taken to establish a form of government for themselves." 2 It was determined to send five delegates, these to be chosen at a subsequent public meeting, to represent the town and district in a general convention to be held at San José in March, 1849, "for the purpose of framing a form of constitution." A little later the

recent inte

that Cong

committee of correspondence of San Francisco recommended a postponement of the convention to the 6th of May. The very severe rainy season, which would make it difficult to communicate with the southern districts, together with

1 Bancroft, History of California, VI, 269 and note.

2 Annals of San Francisco, 208.

3 Ibid.

fore adjour

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and who h resolutions

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deeply imp some regu

to enforce a result of

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confidence would san indorsed t

and San F