equalling a little over one-sixth of the American population.1 Considering the shifting character of the people, the gold excitement, the intense interest in various commercial pursuits, and the increased difficulty of communication as a result of severe rains, the total vote polled was probably as large as could have been expected.2

3

Organizing the Machinery of Government

California's first Legislature met at Pueblo de San José on Saturday, December 15, 1849. There were present at noon on that day but five senators and fourteen assemblymen, an insufficient number in both cases to constitute a quorum, so that both Houses adjourned until the following Monday. In the meantime several additional members arrived. When the two Houses met on December 17th, there were fifteen in the Senate and thirty-two in the Assembly. The seat in the Upper House for the district of Sonoma was claimed by Jonas Spect and M. G. Vallejo. The dispute was placed in the hands of a committee on elections, and on December 19th, Crosby, chairman of the com

1 Bancroft, History of California, VI, 305.

2 In the mining camp where Taylor spent election day, 105, or about onehalf of those entitled to the franchise, exercised their privilege. Taylor, Eldorado, II, 7.

3 Journals of the California Legislature, 1850, 3 and 575.

4 Ibid., 8 and 576.

5 The state had not been divided into counties, of course; so the districts into which California had been divided by Governor Riley's proclamation

Vitical unita

recommended that Spect be admitted as Sonoma's tative until the election returns could be procured ommittee and the dispute satisfactorily settled.1 On er 22nd, after having examined the official returns, mittee through its chairman declared that the result lection for state senator in the Sonoma district was ws: M. G. Vallejo, 199 votes; Jonas Spect, 181.2 as therefore succeeded by Vallejo.

Upper House as finally organized contained a total ship of sixteen, the various districts being repreas follows: San Diego by E. Kirby Chamberlin, a of Connecticut; Los Angeles by A. W. Hoppe, a f Virginia; Santa Barbara and San Luis Obispo by e la Guerra, a native of California; Monterey by oodworth, a son of the author of the "Old Oaken ' and a native of New York; San José by W. R. 1, a native of Tennessee; San Francisco by Nathaniel 3 of New York and G. B. Post of New Jersey, both resigned a little later and were succeeded by D. C. k, a native of New York, and E. Hydenfeldt, a f South Carolina; Sonoma by Vallejo, a native of a; Sacramento by John Bidwell and E. O. Crosby, New York, H. E. Robinson of Connecticut and T. J. North Carolina; San Joaquin by D. F. Douglass of ee, B. S. Lippincott of New York, Nelson Taylor of Is of the California Legislature, 1850, 16.

98.

4

t was elected associate justice of the Supreme Court, DecemJournals of California Legislature, 1850, 620.

Connecticut (succeeded a little later by W. D. Fair of Virginia), and T. A. Vermeule of New Jersey.1

As originally organized, therefore, there were eleven men from northern states in the Senate, three from southern, and two natives. The proportion was changed by resignations so that there were nine northerners and five southerners. The mining districts had just half of the total representation.

In the Assembly 2 San Diego was represented by O. S. Witherby of Ohio; San Luis Obispo by H. A. Tefft of Wisconsin; Los Angeles by A. P. Crittenden of Kentucky and M. Martin, nativity unknown. Martin resigned January 28th, and his place remained vacant throughout the remainder of the session. Santa Barbara was represented by John Scott of Scotland and J. M. Covarrubias of France; Monterey by T. R. Per Lee of New York and J. S. Gray of Pennsylvania; Sonoma by J. E. Brackett of New York and J. T. Bradford of Illinois; San José by Joseph Aram of New York, Benjamin Corey of Ohio, and Elam Brown of New York; San Francisco by Edmund Randolph of Virginia, Alexander Patterson of New York, L. Stowell, probably of Washington, D. C., Samuel J. Clarke, probably of New York, and W. Van Voohies. The last named resigned to become secretary of state. A new member, John H. Watson,

1

The data for this was collected from various sources. See p. 258, note 5.

2 The names of thirty-two of the assemblymen are given in Journals of California Legislature, 1850, 576. There were other members who came in

later as will be seen

erner, entered December 18th, and was succeeded ch 7th by Alfred Wheeler of New York.1 The reprees from Sacramento were H. C. Cardwell of Ver. T. Hughes of Kentucky, E. W. McKinstry of MichiD. Dickinson, who was succeeded on December 18th Bidwell of New York, G. B. Tingley of Ohio, Madithall of Virginia, J. F. Williams of New York, John f Pennsylvania, who entered December 18th,2 and ed White as speaker of the Assembly later, P. B. ll of New York, and J. F. White, speaker, probably da. Cornwall and White resigned and were sucby Grove Deal of Pennsylvania and John Henley na respectively. From San Joaquin came B. F. f Florida; R. W. Heath of Maryland; D. P. Baldwin ama; C. M. Creaner of Pennsylvania (he had lived Hana so long that he had become a southerner in sym; J. S. K. Ogier of South Carolina; James C. MoreKentucky; and J. N. Van Benschoten of New York. schoten's name does not appear among those presDecember 17th, but he entered within three days at date. J. F. Stevens, nativity unknown, had entered by December 20th. San Joaquin thus had epresentation of eight members. On February 18th,

3

Is of California Legislature, 1850, 580 and 966.

82.

935 and 10IO. Deal entered March 2nd and Henley,

h.

reported by his daughter who at present works in the state library. Es of California Legislature, 1850, 594.

3

Van Benschoten and Heath resigned,1 and, on March 2nd and 30th respectively, Stevens and Creaner tendered their resignations, the latter to become district judge. E. B. Bateman of Missouri was elected to succeed Stevens and took his seat March 29th. John Cave of Kentucky and W. M. Shepherd, nativity unknown, entered March 26th.4 The first Legislature was thus composed of thirty-six members, of which number the mining districts, Sacramento and San Joaquin, had just half. Nineteen were men from northern states, ten from southern, the nativities of five are unknown, and two were foreigners. As a result of resignations and subsequent elections, the total number was reduced to thirty-four during the last half of the session. Nineteen of these, as formerly, were from northern, ten from southern states, three unknown, and two were foreigners.5

Journals of California Legislature, 1850, 869.

Ibid., 1093.

3 Ibid.

4 Ibid., 1078 and 1079.

5 The nativities of the members of the first Legislature are not given in any one place so far as the writer knows. Bancroft, History of California, VI, 309-10, notes 3 and 4 gives most of them. Thompson and West, History of San Joaquin County, 24, (Oakland, 1879), contains a complete table of the senators giving the names of the members from the various districts, the states in which they were born, the states from which they emigrated to California, and the date of their arrival. The Assembly list given there is practically the same as that given in Alley, Bowen & Company, Histories of Sonoma and Santa Clara Counties, pp. 136-38 and 153-55 respectively, and Slocum's History of Contra Costa County, 211-14. With the exception of the list of senators given in the history of San Joaquin County, the names and data given in these county histories were taken from the Sacramento "Society of California Pioneers" ms. This contains thirty-one autobiographies of members of the first Legislature written in their own hand writing.