As long as the war with Mexico continued, naturally California was under military Governors, but on the declaration of peace military government automatically ceased. Unfortunately, owing to strong controversies as to slavery or non-slavery, Congress passed no law organizing California as a territory; and the status of the newly-acquired possession was far from clear. The people held that, in the absence of congressional action, they had the right to provide for their own government. On the other hand, General Riley contended that the laws of California obtained until supplanted by act of Congress. He was under instructions as Governor to enforce this view, which was, indeed, sustained by judicial precedents. But for precedents the inhabitants cared little. They resolved to call a constitutional convention. After considerable negotiation and thought, Governor Riley resolved to accede to the wishes of the people. An election of delegates was called and the constitutional convention met at Monterey, September 1, 1849.
Parenthetically it is to be noticed that this event took place a considerable time after the first discovery of gold. It can in no sense be considered as a sequel to that fact. The numbers from the gold rush came in later. The constitutional convention was composed mainly of men who had previous interests in the country. They were representative of the time and place. The oldest delegate was fifty-three years and the youngest twenty-five years old. Fourteen were lawyers, fourteen were farmers, nine were merchants, five were soldiers, two were printers, one was a doctor, and one described himself as "a gentleman of elegant leisure."
The deliberations of this body are very interesting reading. Such a subject is usually dry in the extreme; but here we have men assembled from all over the world trying to piece together a form of government from the experiences of the different communities from which they originally came. Many Spanish Californians were represented on the floor. The different points brought up and discussed, in addition to those finally incorporated in the constitution, are both a valuable measure of the degree of intelligence at that time, and an indication of what men considered important in the problems of the day. The constitution itself was one of the best of the thirty-one state constitutions that then existed. Though almost every provision in it was copied from some other instrument, the choice was good. A provision prohibiting slavery was carried by a unanimous vote. When the convention adjourned, the new commonwealth was equipped with all the necessary machinery for regular government.[3]