Statewide County CA Archives History - Books .....Governmental 1891 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ca/cafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@gmail.com November 28, 2005, 10:09 pm Book Title: Memorial And Biographical History Of Northern California GOVERNMENTAL. From the nature of the case, governmental affairs in California have generally been at least interesting, and often complicated and exciting. The transition from the old Mexican system to that of the United States, complicated meanwhile by the local substitutes improvised by the miners, during their abnormal rush to this State in the absence of a well organized system under general law, was peculiarly perplexing even to the astutest statesmen. It was during this State of affairs, June 3, 1849, that General Bennett Riley, by virtue of his office as military commander of California under the authority of the United States, issued a proclamation for the election of delegates to a convention to form a State constitution. For the purpose of a fair representation in this convention, he divided the State into ten districts, the northern portion of the State being covered by the two districts of Sonoma and Sacramento. The Sonoma district included all that territory which was bounded by the sea, the bays of San Francisco and Suisun, the Sacramento River and Oregon; and the delegates elected from this district were M. G. Vallejo and J. P. Walker of Sonoma, and Robert Semple of Benicia. The Sacramento district embraced all the territory north of the Cosumnes River, and bounded on the west by the Sacramento River and east by the Sierra Nevada Mountains. Four delegates were allotted to this district, but the immigration was so rapid that according to the principle of apportionment it was entitled to many more. Under this call Jacob R. Snyder, W. E. Shannon, Winfield S. Sherwood and John A. Sutter were elected. When the convention met at Monterey, Saturday, September 1, 1849, there was not a quorum present, and an adjournment was made until the next Monday, at which it was organized. Discussion was at once commenced on the subject of representation, other districts also claiming seats for additional delegates, and the matter was difficult to settle satisfactorily. In the afternoon a report was made by the committee on privileges and elections recommending the admission of eight delegates from the Sacramento district, and naming for the additional four L. W. Hastings, J. S. Fowler, John Bidwell and M. M. McCarver. The report called forth considerable debate, ending the next day in the adoption of a report by a special committee allowing this district fifteen delegates, and for the remaining seven nominating John McDougal, Elisha O. Crosby, W. Blackburn, James Queen, R. M. Jones, W. Lacy and Charles E. Pickett. Of the fifteen but eight are recorded as having participated in the deliberations of the convention, namely:— Jacob R. Snyder, thirty-four years of age, born in Philadelphia, came here from Pennsylvania four years previously, surveyor by profession and postoffiee Sacramento. Winfield S. Sherwood, thirty-two years old, a native of Sandy Hill, New York, resided at Mormon Island, in this State four months, a lawyer. L. W. Hastings, lawyer from Knox County, Ohio, thirty years of age, in this State six years, postoffiee Sutter. John A. Sutter, farmer, a native of Switzerland, came to California in 1838 from Missouri, and forty-seven years old at the time of this convention. John McDougal, merchant at Sutter, thirty-two years old, a native of Ohio, came to this State from Indiana seven months previously. Elisha O. Crosby, lawyer, thirty-four years of age, from Tompkins County, New York, postoffice Vernon, and resident of this State seven months. M. M. McCarver, farmer, forty-two years old, born in Madison County, Kentucky, came from Oregon to this State one year previously, and a resident of Sacramento. W. E. Shannon, a lawyer, resident at Coloma three years, twenty-seven years of age, a native of County Mayo, Ireland, and came to this State from New York. The constitution framed, it was submitted to the people and voted upon November 13, 1849. The total vote in the State was for the constitution 12,064 and against the constitution 811. The population at that time in the different districts are computed as follows: San Diego, 346; Los Angeles, 643; Santa Barbara, 226; San Luis Obispo, 44; Monterey, 365; San Jose, 544; San Francisco. 6,159; Sonoma, 623; Sacramento, 18,390; San Joaquin, 10,582. At the time the constitution was ratified and State officers elected, the members of the Legislature were also elected. The Senators were Elisha O. Crosby, John Bidwell and H. C. Robinson; and the Representatives to the Assembly were Thomas J. Henly, Elisha W. McKinstry and George B. Tingly. The members of the second constitutional convention in 1879, from Northern California, were as follows: Andrews, A. R. Shasta City. Barry, Edmund Nevada City. Barton, James N. Ferndale. Belcher, Isaac S. Marysville. Berry, J. Yreka. Biggs, Marion Biggs Station. Boggs, H. C. Lakeport. Boucher, Josiah Dayton. Burt, Samuel B. Bath. Caples, James Folsom. Chapman, Augustus H. Chico. Charles, J. M. Vallejo Tp. Cowden, D. H. Marysville. Cross, C. W. Nevada City. Crouch, Robert Napa. Davis, Hamlet Truckee. Dean, J. E. Placerville. Dudley, J. M. Dixon. Dunlap, Presley Sacramento. Eagon, John A. Jackson. Edgerton, Henry Sacramento. Estey, Thomas H. San Antonio. Filcher, J. A. Auburn. Freeman, Abraham C. Sacramento. Glascock, B. B. Spring Valley. Hale, James E. Auburn. Harvey, Joel A. Vallejo. Hilborn, S. G. Vallejo. Huestis, W. P. Eureka. Hunter, G. W. Greenwood. Johnson, G. A. Santa Rosa. Kelley, John M. Woodland. Keyes, James H. Kempton's Crossing. Larkin, Henry Diamond Spring. La Rue, Hugh M. Sacramento. McDonnell, Thomas Elk Grove. McCoy, John Grass Valley. McFarland, T. B. Sacramento. McNutt, John F. Rose Bar. Mills, Hiram Martinez. Moreland, W. W. Healdsburg. Murphy, James E. Crescent City. Noel, Alonzo E. Lakeport. Ohleyer, George Yuba City. Overton, A. P. Santa Rosa. Porter, J. M. Jackson. Prouty, William H. Ione Valley. Pulliam, M. R. C. Cherokee. Reed, Charles F. Knight's Landing. Rhodes, John M. Woodland. Shoemaker, Rufus Grass Valley. Shurtleff, Benj. Napa. Soule, Ezra P. Susanville. Stevenson, D. C. Millville. Stuart, C. V. Glen Ellen. Sweasey, W. J. Eureka. Tinnin, W. J. Weaverville. Townsend, F. O. Ukiah. Turner, Henry K. Sierra Valley. Walker, Hugh Olema. Wickes, John T. Grass Valley. Wilson, H. C. Tehama City. At the time of the American conquest the courts existed, in the Mexican laws of 1837, as follows: The highest court, having an appellate jurisdiction and corresponding in character to our present Supreme Court, was the Superior Court, consisting of four judges and an attorney general. If was divided into the first and second benches, the three senior judges composing the first and the junior the second. The first bench was called the "Court of the Third Instance," and its decisions were final. Appeals lay to this court from the second bench, or "Court of the Second Instance." The latter court had jurisdiction of appeals from the "Court of the First Instance," the highest local tribunal then existing, and corresponding very closely with our present Superior Court. The inferior magistrates were the "first" and "second alcaldes," having authority similar to that of justices of the peace. In some districts the duties of the judge of a court of the first instance were discharged by the first alcalde. The Mexican laws remained in force and justice was administered through the tribunals established by them until the courts were organized under the State constitution in 1850. After the conquest, and especially after the discovery of gold had led to the wild rush of men from all over the world and people a country before almost unknown save to the naked and barbarous natives, the courts became seriously disorganized, or rather failed to be organized at all. Additional Comments: Extracted from Memorial and Biographical History of Northern California. Illustrated, Containing a History of this Important Section of the Pacific Coast from the Earliest Period of its Occupancy to the Present Time, together with Glimpses of its Prospective Future; Full-Page Steel Portraits of its most Eminent Men, and Biographical Mention of many of its Pioneers and also of Prominent Citizens of To-day. "A people that takes no pride in the noble achievements of remote ancestors will never achieve anything worthy to be remembered with pride by remote descendents." – Macauley. CHICAGO THE LEWIS PUBLISHING COMPANY 1891. File at: http://files.usgwarchives.net/ca/statewide/history/1891/memorial/governme116ms.txt This file has been created by a form at http://www.poppet.org/cafiles/ File size: 10.1 Kb