The San Francisco call., 1903-09-09

never was the innate American genius
for self-government better shown as in
the action which was taken by the set
tiers TO effect for themselves what Con-
gress neglected to provide for them.
When IN May, 1s49, General Riley sue
ceeded Colonel Mason as military gov
ernor Of the Territory of California he
found a people clamoring for some form
Of civil government. They maintained
that he was merely an usurper since the
close Of the Mexican war had deprived
the military governor Of his legal pow
ers. They declared that under the Con-
stitution they had a right to meet and
legislate for themselves since Congress
had provided no Territorial form of gov
ernment. Governor Riley held that the
old Mexican laws of California, such as
they were, must be enforced until action
by Congress and that no initiative the
part of the people was possible.
The secret of the trouble lay in the
great question, then agitating Congress,
Of whether or not the vast extent Of terri
tory wrested from Mexico should be free
or open to slavery. President Polk in
giving instructions of one character to
Governor Riley and expressing different
sentiments in his message, was but fol-
lowing the precedent of the time, which
was one Of hesitancy and indecision. The
slavery and anti-slavery parties in Con-
gress were fighting a death struggle IN
which both factions were so evenly
matched that a deadlock ensued and Cali
fornia was the sufferer thereby Such
master minds as those of Webster, Cal
houn and Clay were engaged in the strug-
gle. California was the balance weight
which would swing the scale either one
way or the other.
When President Taylor took his seat in
March, 1s4e. things took turn. BY spe-
cial orders of the President, Governor
Riley announced on June 3 that a conven-
ton would be called to draft and adopt
a State constitution. So delegates were
elected and they met at Monterey
September 3, 1S49. to put into motion ma
chinery for the government which had
been so earnestly desired. The delegates
were divided among three parties: those
of the anti-argonautic regime, representa-
lives of the old native Californian gov
ernment and a strong Southern faction,
advocating slavery.
The convention drew up constitution
modelled on the plan of that of Iowa and
submitted it to the vote of the people on
November 13, 1S49, by whom it was rati-
fed. At the first election, Burnett was
elected Governor, General Fremont and
W. NJ. Gwinn being chosen as delegates
to Congress. On February 3D. 1885, Presi-
dent Fillmore presented California g
petition for Statehood to Congress. This
occasioned a great deal more hesitation
and sparring on the part of the two fac
tions until at last Henry Clay's famous
Omnibus BILL" which included among
its compromises the admission of Califor-
MIA, passed through Congress on Septem-
Der and was signed by the President two
days afterward. Thus on September 9,
1850, did California become the thirty-first
star on the escutcheon of the Union.
The Monterey convention, which draft
ed the first constitution of California, also
selected the great seal Of the State. The
story Of the selection contains some odd
features and deserves mention.
During the time that the convention
was in session, Major Robert S. Garnett,
then stationed temporarily in the little