2.2: The Constitution of 1849

"All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." (Article 1 of the California Constitution)

The Origins of Our State Government

It was 1849. The Mexican War has ended, and American troops occupied California. Most people believed that the state would join the United States. The military governed California as temporary administrators using existing California laws originating from Mexico. General Bennett Riley, the military governor, called for a constitutional convention to meet in Monterey on September 1 (Saunders 450).

Figure \(\PageIndex{1}\): Colton Hall, now a museum, Monterey, California (CC BY-SA 3.0; McGhiever via Wikimedia)

At Colton Hall, forty-eight delegates debated a constitution that the California people would then ratify. Most delegates arrived in California recently, and only eight were Latino. Delegates wanted to write a constitution based on American law by following the example of other U.S. states. Any vestige of Mexican law would be an exception.

They began the California Constitution with a Declaration of Rights that closely followed the U.S. Bill of Rights and the declarations of rights of other state constitutions to protect civil liberties. Slavery was not allowed. There was little conflict about this. Abolitionist sentiment in California was high, and the Convention was dominated by miners who did not want to compete with southerners bringing enslaved people to the goldfields (Broussard).

The second Article of the Constitution discussed voting rights. There was agreement that all white males, Americans, and Californios (Mexicans that remained in California) should have the right to vote. Californio delegates wanted to follow Mexican customs and allow Native Americans the right to vote. However, the majority rejected this motion, so it was referred to the future state legislature, where it failed.

The following articles established a government of three branches—legislative, executive, and judicial—emulating other state governments. As in many other states, the governor and other executive officers are elected directly by the people. Additional articles mandated the creation of local school systems, reduced California's size dramatically by fixing California's eastern border near the Sierra Nevada Mountains instead of in present-day Utah, and created local elections for tax assessors. The delegates debated and agreed to retain the Mexican civil law of allowing women to retain sole ownership of property acquired before or during the marriage.

On October 12, 1849, the delegates signed the Constitution. California voters ratified it on November 13, 1849, albeit with a low turnout, with 12,061 in favor and 811 opposed (Saunders). The U.S. Congress accepted California into the union on September 9, 1850. The Declaration of Rights and the organization of the government into three branches remain the foundation for California government today.

Let us go beyond the organization of government established by the Constitution of 1849 and examine how the Constitution impacted Californians. Many prospered, but by the 1870s, economic turmoil led to calls for a new Constitution. Moreover, this era was marked by racial prejudices against Native Americans, African Americans, and Chinese Americans.