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.
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