they had so often encamped. The roof of their cloth tenement admitted the rain. It was necessary to suspend an umbrella over their heads at night, in order to turn aside the rain from their faces. Every morning, for more than two weeks, the floor of their tent was flooded. Every morning, for that length of time, their little cooking stove was taken out and emptied of its liquid contents. Their bedstead was four forked sticks, driven into the ground, with two round willow poles forming the railing; short poles, extended crosswise, served as bedcords.

The first State Legislature convened at the capital, San José, on December 15th, 1849, to complete the organization of the State government. On December 12th, Mr. Bigler left Sacramento with his family for San José on a propeller, the steamer McKim. Arriving at San Francisco at night, in the midst of a tempest, they could not land till morning, when, they were put into small boats and taken ashore at a point on Clay street, between Montgomery and Sansome-the waters of the bay reaching to that point at that time.

The streets of the metropolis were almost impassable. Mr. Bigler had to wander for several hours in search of lodgings. Finally, in a despairing mood, he applied to the keeper of a restaurant, James Hagan, who allowed the little party to occupy an upper room, unfurnished, except with an old straw mattrass. The Governor asserts that never, in his life, was he more grateful for a favor than for the privilege of occupying this humble apartment. He afterwards remembered the circumstance to his benefactor's advantage, by inducing Gov. Burnett to bestow upon Hagan a lucrative office.

The next day, he took passage on the Mint, a little steamer bound for the "Embarcadero," five or six miles from San José. He soon found himself and family in the midst of unexpected peril, more fearful than any that had ever before encompassed them. About three hours after the frail craft had commenced her voyage, she was overtaken by a terrific storm. The captain, engineer and crew, being inexperienced, became panic-stricken and abandoned their posts. Their conduct added to the con

sternation of the passengers, most of whom were motionless with terror. On board of the threatened boat were a majority of the senators elect, ten or twelve assemblymen, and the Lieutenant Governor. Commander Selim Woodworth, a senator elect, was among the passengers. This gentleman, upon witnessing the pusillanimous conduct of the officers and crew, rushed to the wheel and ordered the engineer and fireman to resume their places. He stated to a friend standing near him, that there was room for hope unless the boat overturned in changing her course. In turning, the vessel shipped water, which flooded her cabin to the depth of ten or twelve inches. But the new captain's noble purpose was effected, and the prow of the Mint headed for San Francisco, where her passengers were soon landed. Most of them refused to take passage again upon the insecure vessel, and went overland to the capital; but Mr. Bigler had no choice-he had paid his fare, and for want of funds was compelled to run the chances of shipwreck. Fortunately, however, the next day beamed clear and bright; the broad, beautiful bay was in perfect repose; and the voyage was made without the recurrence of a single unpleasant incident.

The first Legislature of the State of California convened at San José, December 16th, 1849. The Lieutenant Governor elect, Hon. John McDougal, took the chair as President of the Senate, and Dr. Thos. J. White of Sacramento was chosen Speaker of the Assembly. On the 20th day of December, 1849, Peter H. Burnett was inaugurated first Governor of California. On the same day two United States Senators were elected-John C. Fremont on the first, and Wm. M. Gwin on the third ballot. December 22d, in joint convention of the two houses, Richard Roman was elected State Treasurer, John S. Houston, Comptroller, E. J. C. Kewen, Attorney General, Charles J. Whiting, Surveyor General, S. Č. Hastings, Chief Justice of the Supreme Court, and Henry A. Lyons and Nathaniel Bennett, Associate Justices. This being accomplished, the late Edmund Randolph and John Bigler were appointed a committee, on the part of the assembly, to wait on the Provisional Governor, Gen.

Riley, and inform him "that a State government, republican in form, had been fully organized for California; and that the representatives of the people would be pleased to hear and respectfully consider any and all suggestions which he might believe himself authorized to make."

The committee waited upon Gen. Riley and made their address. The General's reply was brief and significant. He trusted that the committee were as happy in being the chosen agents of the new State, as he was in being relieved from all cares and responsibilities connected therewith. The committee then interrogated Gen. Riley as to the "Civil Fund," and his willingness to pay into the State treasury the funds collected by officers of the United States army and navy on importations, without authority of law-an amount sufficient to defray the expenses of the new government until a revenue system could be matured, and the collection of government dues commenced in pursuance thereof. The prompt reply was, that, instead of acceding to the request of the committee, the Provisional Governor would pay every cent of the so-called Civil Fund into the national treasury. This response was as unexpected as it was unwelcome. Gen. Riley had previously paid the expenses of the Constitutional Convention, in full, out of the "Civil Fund."

Messrs. Randolph and Bigler, on behalf of the Assembly, claimed that this action of the General left his refusal to pay the balance of the "Civil Fund" into the State treasury without plausible excuse. Moreover, the members of the Constitutional Convention, before proceeding to the work of framing a State Constitution, had received assurances that the remainder of the funds, collected as stated, would be paid into the State treasury as soon as the State government was fully organized and that fact officially reported. It is not now definitely known whether or not Gen. Riley had promised directly to pay over the "Fund" to the State. It is certain, however, that prominent members of the Constitutional Convention informed the State authorities elect, that the General had assured them that he would do so. It is very

probable that Gen. Riley's action was based upon advices received by him from the authorities at Washington. However, he refused to pay over to the State the "Civil Fund," as expected, and his refusal left the new government in a very embarrassing and awkward plight. An empty treasury rendered immediate action necessary on the part of the Legislature.

Rashness and thoughtlessness have been attributed to the pioneers, in forming a State government without having first provided means for meeting, in part, accruing expenses; and their conduct has been imputed to the influence of ambitious men who looked to a State government for preferment and fortune. These charges are unjust. The necessities of the time forced the pioneers to take the action they did. Gov. Bigler publicly stated, in the address alluded to, that he knew the belief was general that the "Civil Fund"-over one million three hundred thousand dollars-would be passed to the State authorities; and that this belief induced hundreds to favor State organization who would otherwise have opposed it.

In addition to this, the course pursued by the pioneers finds vindication in the failure of Congress to establish a Territorial government for California-many believing that without a State government, anarchy would ensue. The Provisional government had been found inadequate. The people of the southern part of the State, as well as those of Napa, Sonoma, and Solano, regarded the movement to frame a State constitution as premature; and the vote upon the question must have been very close in the Constitutional Convention, but for the assurances before stated in regard to the "Civil Fund."

To provide means to sustain the State government, the Legislature, in its unpleasant and trying position, determined to authorize the issuance of bonds, bearing three per cent. per month interest. Mr. Bigler, while he freely admitted that the plan adopted by the Legislature was not without justification, yet warmly opposed it, believing its consequences would prove disastrous.

On the 10th day of January, 1850, Mr. Bigler was chosen speaker pro tem. of the Assembly; and on the 6th

day of February following, he was unanimously elected Speaker, Dr. White having resigned that position.

In the first Legislature, nearly every State in the Union was represented. Judge De La Guerra and Gen. Vallejo were the native Californian members. In this body, no senator or assemblymen possessed a white shirt or a fur hat; all wore "flop" hats and "hickory" shirts, as they were termed. An English artist took crayon sketches of all the members of both houses. They were creditable likenesses, and were seen a few years ago in one of the principal museums of London.

In January, 1850, Mr. Bigler introduced and procured the passage by the Legislature of joint resolutions favoring the construction of the Pacific Railroad. These resolutions are here inserted, as matter of historic interest. They read as follows:

"JOINT RESOLUTIONS in relation to a National Railroad from the Pacific Ocean to the Mississippi River.

"1st. Be it resolved by the Senate and Assembly of the State of California, that our senators in Congress be instructed, and our representatives requested, to urge upon Congress the importance of authorizing, as soon as practicable, the construction of a National Railroad from the Pacific Ocean to the Mississippi River.

"2d. Resolved, That they be further instructed to urge upon the national government, with a view to facilitate the great work contemplated in the first resolution, the immediate organization of an efficient engineer corps, to make complete surveys and explorations of the several routes which have been recommended to public notice as practicable for the line of said road.

"3d. Resolved, That his Excellency the Governor be requested to forward to each of our senators and representatives in Congress a certified copy of the foregoing joint resolutions.

JOHN BIGLER,

Speaker of the Assembly.

JOHN MCDOUGAL,

San José, March 11th, 1850."

President of the Senate.

Statutes of California, 1st session, (1850) page 465.