states were admitted, and afforded ample precedents for the action of California.

This question settled, the Legislature should turn its attention to providing the state with necessary laws. The adoption of a civil and criminal code of some kind was imperative. It was the more important because the action of the first would hardly be disturbed by succeeding legislatures. California was in a position to adopt the most improved and enlightened code of laws to be found in any of the states. The Governor claimed to have given the matter serious study, and recommended the adoption of the following—at least in so far as they were applicable to conditions in California, and were not modified by the constitution or by the acts of the Legislature: (1) the definition of crimes and misdemeanors contained in the common law of England; (2) the English law of evidence; (3) the English commercial law; (4) the civil code of the state of Louisiana; and (5) the Louisiana code of practice.

Particular attention was called to the "grave and delicate subject of the revenue." The current expenses of state government for the first year would be $500,000 or more. This would have to be raised either by loan or by taxation. The exorbitant rate of interest which the state would have to pay together with the moral obligation which such an act would place on posterity rendered the first too objectionable for consideration. He therefore recommended the imposition of a poll tax, and a tax upon real and personal property in proportion to its value, and, further, that the revenue law be so framed as to require the collector to accompanır

sor. If this were not done "one-half the revenue, districts, would be lost, in consequence of the freange of residence."

ɔnable and sound system of taxation would operate neficially upon the agricultural resources of the in a very short time. "Most of the fine agriculds of California are now in the hands of a few pero suffer them to remain wild and uncultivated. A ths ago when the population was small, and the the community few and simple, the natural pasthe country, with a limited cultivation of the soil, e for all the purposes of life; but under the changed nces, when our country teems with people who fed, and when the population is so rapidly augit is unreasonable, if not impossible, that the hould remain in a state of nature."

the people who owned these rich, fertile lands were o pay taxes on the same in proportion to their ey would find it to their interest to sell a part to o would cultivate them. Thus the system of taxah he suggested would encourage the agricultural of the country, and at the same time greatly ine value of the land.

tive Californians might at first object to such a taxation, but they would soon become accustomed ey would also see that the Legislature had no power either to favor or to oppress any class of persons, ed to the property itself regardless of the owner.

Ilala laam that the como A.

upon which they are accustomed to pay such high duties, now come into our ports duty free, and that they are compensated for the direct taxes they pay in the increased value of their property, and the decreased prices of the merchandise they consume."

On the admission of free negroes into the state, the Governor spoke most urgently. He had no patience with that "weak and sickly sympathy-that misplaced mercy, that would hesitate to adopt salutary measures to-day, but would suffer all the inevitable consequences of to-morrow." There was but one of two consistent courses which could be taken with reference to free negroes: it was necessary either to admit them to the full and free enjoyment of all the privileges guaranteed by the constitution to others, or to exclude them from the state. If the first course were adopted they would be inevitably consigned to a subordinate and degraded position which in itself would be a species of slavery. This position would make them enemies to the society and government of the state and render them "fit teachers in all the schools of ignorance, vice, and idleness." He thought the time was rapidly approaching when the natural increase in population in the states east of the Rocky Mountains would render slave labor of little or no value. As a result of this, slaves would be manumitted in the slave states and contracts made with them to labor as hirelings for a given number of years in California, unless measures were taken to keep them out. As to the right of the state to do this, there was no question. The people had a perfect right to

prevent any class of population from settling in the stata

considered such people injurious to society. He : urged "most serious attention to this subject, it to be one of the first importance."

message called attention to the immediate need of ficials, and recommended that arrangements be

the election of judges of county courts, clerks of reme Court, district attorneys, sheriffs, coroners, collectors, justices of the peace, and other officers s possible.

distress and inconvenience had been experienced by the inhabitants of many towns because an effitem of city government had not been established. erefore recommended that some general enactments e to the organization of cities and incorporated hould be passed as soon as possible.

other things were recommended, such as the paslaw to prevent the desertion of seamen from merssels, "the establishment of an inspector for prot San Francisco," the division of the state into provision for the acknowledgment and registraeeds and the registration of separate property of and the protection from forced sale of a certain f the homestead and other property of all heads 5.1

- as the message was read in the Senate, a resolution ted to print one thousand copies in English and red in Spanish for the use of the Senate, and five

hundred additional copies in English for distribution among the senators and representatives of Congress. Copies were also to be forwarded to the President of the United States. Portions of the message were referred to the various standing committees for their consideration.1

The various subjects treated in the message were not considered by the Legislature in the order in which the Governor presented them, and will not be so treated here. The present chapter deals with finance 2 and will be followed by others on civil and criminal codes and the organization of courts; the organization of counties, cities, and towns; the failure of old line sectionalism; and the admission of California into the Union.

Finance

The state government that went into operation in December, 1849, was without funds to pay the ordinary expenses, or even to buy the little necessaries with which to begin active business. Naturally, therefore, one of the first subjects to be considered by the Legislature was that of finance. That part of the Governor's message dealing with

1 Journals of the California Legislature, 1850, 41-42. For the various committees to which different parts of the message were referred, see pp. 65 and 66. On the following day Governor Burnett transmitted to the Senate two proclamations from General Riley, one dated December 12th and the other December 20, 1849. Both were addressed to the people of California. In the first General Riley declared the constitution ratified on November 13th, to be ordained and established as the constitution of the state of California, and in the second he resigned his position as civil governor. Ibid., 45. 2 Ibid., 65.