and principles of procedure, betrayed an anomalous state of things too uncertain and unsatisfactory to be longer patiently borne. A general feeling therefore became evident that the sooner such partial legislation was put a stop to the better for the country; and that nothing less than a general constitution and complete civil government would be held satisfactory by the people.

Great meetings for these purposes were held at San José, San Francisco, Monterey, Sonoma, and other places, in the months of December and January, 1848-49. It was there resolved that such a civil organization was expedient, and that delegates should be chosen by popular election, from each district of the country, who should afterwards assemble at San José, though the place of meeting was subsequently changed to Monterey. The period of meeting was first fixed for the 8th of January, then extended to the 5th of March, next to the 1st of May, and finally, in order to give ample time to every district to make the necessary arrangements, to the first Monday in August. The delegates to meet at this convention were to frame the constitution desired. The resolutions adopted at these primary meetings were forwarded to and exchanged between the principal districts and towns of the country for their consideration and approval; by which places they were unanimously approved of. These initiatory movements were not dictated by political faction; but were the true and honest result of popular feeling on the subject. There were no partisans in the matter, where there was only one great party, and that included the whole thinking population.

While the people of California were thus working out for themselves the great problem of a State constitution, the military governor, General Riley, thought fit to interfere. On the 3d of June, 1849, he issued a proclamation, in which was fairly enough stated the anomalous and unsatisfactory position of the country, both in its local and general governments; and he thereupon ordained the inhabitants in certain specified districts to return delegates to a convention, which would meet at Monterey on the 1st of September, to frame a State Constitution, and which should afterwards be submitted to the people for their approval. In the same proclamation he likewise made provision for the election of certain district officials to complete the temporary

local organization. The people in many parts of the country considered the interference of the military authority to be unnecessary as it was uncalled for. As, however, matters could not be improved, the different districts were content to adopt the provisions of General Riley's proclamation, and chose their delegates accordingly.

These delegates were forty-eight in number, and while they nominally represented only different parts of California, they might have been taken as a fair representation of every State in the Union. They likewise included natives of various European countries. They were chiefly men of comparatively youthful years, many of them not much accustomed, at least of late, to the study of those abstract questions which might have been anticipated in devising the constitution of a State. But they were all fully impressed with the importance of their trust, and determined to do their duty in the best manner possible. Among the number were individuals of high talents, whose wisdom, despatch and aptitude for legislation were eminently displayed. As these delegates cannot be too well known, we give the following list of their names, and the districts they represented :

+

Monterey.

The delegates, at their first regular meeting on the 4th of September, chose, by a large majority of votes, Dr. Robert Semple as president of the convention; Captain William G. Marcy was then appointed secretary, and the other necessary offices were properly filled up. The house in which the delegates met was a large handsome two-story stone erection, called "Colton Hall," and was perhaps the best fitted for their purposes of any building in the country.

Without narrating the particular incidents and debates that occurred among the delegates, it may be sufficient to say, that, after rather more than a month's constant labor and discussion, the existing constitution of California was drafted and finally adopted by the convention. This noble document was formed after the model of the most approved State constitutions of the Union, and was framed in strict accordance with the most liberal and independent opinions of the age. Some indeed of its provisions may be open to cavil, as for instance, whether the judges -supreme ones particularly-should be chosen by direct election. of the people, and for only a limited period, and whether the free descendants of the black and red races should be excluded from the rights of suffrage and election. But, taking it as a whole, the constitution, which is essentially democratic in its

nature, must certainly be pronounced, in its declaration of rights and the various divisions regulating the election, powers and duties of the legislative, executive and judicial departments, as well as the portion respecting education, a wonderful advance and improvement in the modern art of government. Among other things, it expressly rejected slavery and "involuntary servitude," and declared the right of women to hold as their own separate property after marriage, the estates, both real and personal, which they possessed before it, or which they might afterwards acquire by gift, devise or descent. But it is unnecessary in our narrow limits to dwell on the peculiar features of this celebrated constitution. We refer our readers to the document itself, which should be in the hands of every Californian. It will bear keen criticism, and merits the close study of statesmen of every country.

On the 13th of October, the delegates signed the precious instrument; and so finished the labors they were appointed to perform. While the signatures were being affixed, shot after shot slowly boomed from the guns of the fort in honor of the Union, and as the thirty-first and last was heard, which was a little louder, the listeners thought, than those that had gone before, the suppressed feelings of the people broke forth, and all joyously exclaimed-" That's for California!"—and so it was.

Thus was completed the great duty of 1849. From this time forward, the history of the State demands a separate volume. In this, we have only aimed at giving a mere sketch of its previous history, as a proper introduction to the "Annals of San Francisco." Our next chapter will contain a short account of the physical geography, and of the commercial, agricultural, pastoral and mineral capabilities of the country, which will conclude PART FIRST of the present work,

CHAPTER XII.

Geographical limits of Upper California.-General description of the country.-Two great divisions of the northern part of the State.-Fertility of the soil.-Peculiarities of the climate. -Two seasons: wet and dry.-Products of the country.-Fogs and winds on the coast.-The harbors. -Country west of the Sierra Nevada.-The Sacramento and San Joaquin rivers, and their valleys. This region of country abounds in timber.-Excessive heat in the dry season.-Localities of the chief gold placers.-Immense size of trees.-Silver, lead, copper and coal mines.-Advantages to the immigrant.

In the "Constitution," the boundary of the State of California is declared to be as follows:

Commencing at the point of intersection of the 42d degree of north latitude with the 120th degree of longitude west from Greenwich, and running south on the line of said 120th degree of west longitude, until it intersects the 39th degree of north latitude; thence running in a straight line in a south-easterly direction to the River Colorado, at a point where it intersects the 35th degree of north latitude; thence down the middle of the channel of said river, to the boundary line between the United States and Mexico, as established by the treaty of May 30th, 1848; thence running west, and along said boundary line to the Pacific Ocean, and extending thereon three English miles ; thence running in a north-westerly direction, and following the direction of the Pacific coast to the 42d degree of north latitude; thence on the line of said 42d degree of north latitude to the place of beginning. Also, all the islands, harbors and bays, along and adjacent to the Pacific coast."

Within the above limits, California extends, from south-east to north-west, nearly seven hundred and fifty English miles in length, and, in average breadth, from east to west, about two hundred and fifty. Its superficies, therefore, may be estimated at about 187,500 square miles, or nearly twice the size of Great Britain. The south-eastern part of the country, excepting a