The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-21

Charon. Speaking of barks, what would
have been the consequences II the
steamer Mint, forty tons burthen, had
gone down in the gale off Islay bay,
on the 14th day of December, 1919? she
carried the whole State government.
My own opinion is that the interregnum
would have been short, since there nave
always been statesmen enough in Call
fornia to fill the vacant offices.
THE FIRST LEGISLATURE.
It was the task of the new govern
ment to bring order out Of the appar-
ent chaos Of conflicting ideas and ma
tionalities to which I have alluded.
Upon the Legislature of a Ihousano
Drinks" so called, was imposed the
duty Of selecting asa basis either tne
civil" or the common law, anu "a
erecting upon that basis a superstruc-
ture of statutes such as would protece
the personal and proprietary rignts ol
a cosmopolitan community, scattered
over an immense extent OF territory'
broken by chains of mountains, ana oi-
vided by vast rivers into separate dlS-
tricts.
The first Legislature adopted the
common law of England as the rule OF
decision in our courts, except where
it was modified by the Constitution,
Federal or State. or by express statutes.
No doubt the report Of a committee
of the Senate, singularly able though
somewhat partial, Influenced the action
of both houses. If in that report there
are historical errors, or inaccuracies IN
the analysis of the Roman law; II IN
deed the committee was mistaken IN
supposing that prior to the later ana
more corrupt days of the empire the
maxim, 1.-The will of the prince IS the
highest law" was part of the Roman
jurisprudence; or mistaken in the
meaning of the maxim itself; still the
fact remains that one controlling reason
why the committee, and, presumably,
the Legislature, gave the preference u
the common rather than to the civil law
was the belief that the former Woulo
more certainly secure the preservation
and further the development OF the
great principles of civil and polltlcal
freedom Here again is evidence OF the
attachment of the pioneers to the prin-
ciples of liberty which they sought to
render perpetual by transmitting them
to this and future generations
I do not think the law makers who
have since distinguished themselves IN
California can afford to despise the first
Senate and Assembly. 1t is sad to re-
member that the work of the pioneer
Legislature was accomplished amidst
the distractions of monte, faro and
lansquenet; of practical jokes, mostly
of the sham duel order; of quarter
races and bull fights. billiard matches
and fandangoes. But the charitable in
ference said to have been drawn by a
reverend gentleman ca late arrivaD
that because there We're opportunities
to drink and play, all were drunkards
and gamblers, is hardly fair one.
SOCIAL LIFE.
I shall not detain you long in re-
touching the picture so often painted
of the social life of those days.
There were retired washerwomen in
diamonds. Some of these afterward re-
turned to the suds, and some died in the
purple. Some were foolish virgins-re-
naming silly to the last-and some wise
women, who tried to supply the want
of schooling. There were elegant la
dies who cooked their own dinners.
None of them died of it; and some, hav-
ing learned how, cooked for other peo-
pie and so-husband failing-laid the
foundation for fortunes for their chill
dren. There were runaway sailors and
butcher boys and other low persons Gall
of them of course, inferior to us) who
struck 1t rich," or otherwise became
well to do very suddenly. The rapid
accumulation of wealth by one pre-