The Delegates of 1849: Life Stories of the Originators of California's Reputation as a Bold and Independent State

Preface

Sometimes, a book chooses you.

On a bright afternoon in October 2013, I visited Monterey’s historic Colton Hall to peruse their archives for interesting tidbits I might use in writing my historical fiction short stories. Although I had an appointment to do research for an unrelated project, the docent, Jeff Landsman, kindly took me on a tour of the very room where the 1849 Constitutional Convention was held. I admit his talk was interesting, but my focus was not on men and politics.

When he finished, I did what most writers do and asked how many books had been written exclusively about California’s first Constitutional Convention. None, Jeff said. It has been overshadowed in literature by the wild and crazy Gold Rush, and the devastating Civil War.

Driving home, still determined to write my short stories about women during the late 1800s, I briefly considered writing a book about California’s strategy to overcome the chaos. Before committing to the project, I wanted to review available reference sources. Thanks to the Internet, that was easy.

Every Google query brought up an abundance of primary source information from renown authors and institutions. Especially interesting was the Report of the debates in the Convention of California, on the formation of the state constitution, in September and October 1849 by John Ross Browne, official reporter, published in 1850. (Browne received $10,000 to record each day’s proceedings, transcribe his shorthand into sufficient copies to be approved at the next morning’s session, and have the entire proceedings published in book form.) Archive.org offered a scanned version of that book in full text, Kindle and PDF, available to download for free. The text read like a screenplay.

I recalled standing in the very room where those debates took place over 164 years ago. I remembered Jeff’s stories, my fingertips touching the edge of the inkwell that held writing quills. I got the chills.

The decision was made, I would write a book, perhaps a historical fiction novel with the Convention as a backdrop.

After three years of methodical research, I realized there were no characters or fiction plots that could compete with the real-life stories of those 48 men who came to Monterey and spent six weeks debating and drafting the first Constitution.

This book is dedicated to my son, Geoffrey Davis, and grandsons, Dalton and Brennan. Thank-you, boys.

Laura Emerson

San Luis Obispo, California

June 2019

Introduction

California has 39.6 million residents, making it the most populous state in the U.S. If it were a sovereign nation, the $2.8 trillion economy (2017) would be the fifth largest in the world. Agricultural output exceeds all other states. According to Bloomberg’s 2019 United States Innovation Index, California ranks as the most innovative economy in the U.S.—in research and development intensity, productivity, technology companies, STEM jobs, populous with degrees in science and engineering disciplines and patent activity. When did this reputation for bold and independent action begin?

California’s reputation as a bold and independent state began in 1849—as self-preservation. Congress had failed through three sessions to decide how to admit California into the Union while anarchy prevailed from the Sierra Nevada to Los Angeles with the onslaught of thousands of desperate gold-seekers.

The following newspaper editorials provide the backstory.

January 4, 1849. Provisional Government. The recent, large and unanimous meetings in the Pueblo de San Jose and in this town [San Francisco], in favor of immediate action for the establishment of a Provisional Government, are believed to be a fair index of the feeling of the community throughout the Territory — That some steps should be taken to provide a Government for the country, in the event that the U. S. Congress fail to do so at the present session [while it debates whether California should be admitted as a free state or a slave state], is obvious;

It certainly is not necessary, in calling public attention to this matter, that we should point out the insecurity of our present position. Recent events have made that fact too sadly familiar. What, then, can we urge to induce action and exertion? If the dangers we all run be not enough to induce the staid, reputable and responsible people of the country to come forward and unite as one man to build up a form of Provisional Government which will preserve the rights of, and meet out justice to, all, we shall then be obliged to continue our present system of Lynch Law — a system that, in its best features, is only worthy of barbarians — a system that is without a controlling power — without a steadfast guide, and that is therefore liable to fluctuate as the public feeling that directs it changes — a system that, having no settled rule of action, is as likely to turn its destroying hands against the good as the bad.

Some have asked Why put off the day of the assembling of the Convention until the first Monday in March? We answer, first, because that length of time will be necessary for enabling the largest part of the Territory to be represented; Second: by that time it is extremely probable we shall be in possession of information from Washington which will at once satisfy us whether there be or be not necessity for action on our part; and Third: the public mind is in want of time to digest and settle the various points that are likely to arise in so important a proceeding, in order that the delegates may come to the Convention prepared to carry out the wishes of their constituents.

The people of the different districts in making up their delegations should not forget that a Provisional Government, if forged, will be a government for all, and that consequently the Convention should be composed of men from all classes and nations. This fact is more particularly applicable to the Californians [native born of Spanish blood], and we would recommend as a highly proper course that measures be taken to engage them in the work, and that they be invited to unite in the cause by placing on the tickets the names of some one or more of the most intelligent and reputable Californians in the various parts of the country. Let all be made to understand that a Provisional Government is not a government for Americans alone, but that every bona fide resident in California is equally interested in, and should exert his influences for, the promotion of so good a cause. The delegates from the [ten] different districts should come prepared to give a full and fair expression to the wishes of those they represent,

Had there been no discovery of gold at Sutter’s Mill, there would be no desperate urgency for a government and laws.

January 25, 1849. Provisional Government. Meeting at Sacramento City. At a meeting held in Sacramento City, on the 6th day of January 1849, to take into consideration the necessity and propriety of organizing a Provisional Government for the Territory of California,

Whereas, the Territory of California, having by a treaty of peace, [referring to the Treaty of Guadalupe Hidalgo, February 2, 1848] been ceded to the United States; and the recommendation of the President to Congress to extend the laws of the United States over this Territory has not been acted upon by that body[ nearly one year later]; and the citizens of this territory are thus left without any laws for the protection of their lives and property; And whereas, the frequency and impunity with which robberies and murders have of late been committed, have deeply impressed us with the necessity of having some regular form of government, with laws and officers to enforce the observance of those laws;

And whereas, the discovery of large quantities of gold has attracted, and in all probability will continue to attract, an immense immigration from all parts of the world, as well as from the United States, thus adding to the present state of confusion, and presenting temptations to crime;

By recent intelligence from Washington and other parts of the United States, it appears that the probabilities are in favor of the passage at the present session of Congress of a bill establishing a Territorial Government over us. … As this session of Congress is a limited one by the Constitution, expiring on the fourth day of March 1849, it strikes us that the first day of May will be a sufficient postponement to allow information from Washington to reach us before the assembling of the Convention. The ocean steamers between this [San Francisco] Port and Panama, which are confidently expected to be in regular operation by that time, will bring us intelligence from Washington in thirty days. A postponement, therefore, until the first of May, will put it beyond the contingency of further change.

Congress, in the meantime, hastily presented a bill recognized as ultra vires, (beyond its authority), which nullified their effort. For the third time, a session of Congress adjourned without having decided California’s status.

March 29, 1849. Proceedings of Congress. — It was proposed on the opening of Congress, to admit [Alta] California and New Mexico into the Union immediately as one State. [The original Alta California included all of what is now California, Nevada and Utah, and parts of Arizona, Wyoming, and Colorado.] But it was soon discovered that Congress’s power extended to only receive States applying for admission into the Union — they had no authority to create a State. Senator Douglass, of Illinois, has therefore withdrawn his bill admitting California and New Mexico as a State, and has presented one to establish governments therein, and to provide for their organization into States whenever they shall have the requisite population. No action has yet been taken on the bill in either House. Interminable debates on the slavery question or other abstractions, continue the order of the day in Congress.

May 03, 1849. A Provisional Government. — It now becomes a matter of necessity with the people of California, to decide whether they will longer allow this country to remain without a Government. The present state of anarchy (for we can call it nothing less) is much to be deplored and is easily remedied, by united, vigorous and immediate action. We therefore recommend that public meetings be at once held in the various districts for the appointment of delegates to a Convention to form a state provisional government, and that such Convention be held at the earliest practicable day. What say you, citizens of San Francisco?

The Consistency of the Model Republic. — Among all the misdeeds committed by the United States Congress since the foundation of the Republic, there is not one that throws a darker shade upon our national history than the outrage they have committed on the rights of the people of California in passing a revenue act to tax them, without making the slightest return for such taxation in the establishment of a government. It is a burning disgrace that men should prate so loudly of patriotism, of liberty, and of the principles and glory of the revolution which separated us from the mother country, and yet by an act like this falsify the whole theory of a Republican Government. And it will be still worse, if the people of California do not rise as one man and express their indignation in tones not to be mistaken or unheeded by the next Congress nor by the people of the United States.

Enter Brevet Brigadier General Bennet C. Riley, who assumed command as California’s provincial governor on April 13, 1849. Less than two months later, with the assistance of his secretary of state and brilliant military strategist, Henry Halleck, he issued the following Proclamation calling for a Constitutional Convention.

PROCLAMATION

To the People of California. … As Congress has failed to organise a new Territorial Government it becomes our imperative duty to take some active measures to provide for the existing wants of the country. … [A] convention, in which all parts of the Territory are represented, shall meet and frame a State Constitution or a Territorial organization to be submitted to the people for their ratification and then proposed to Congress for its approval. Considerable time will necessarily elapse before any new government can be legitimately organised and put in operation; …

In order to complete this organization with the least possible delay, the undersigned, in virtue of power in him vested, does hereby appoint the first of August next as the day for holding a special election for Delegates to a general Convention, …

The general Convention for forming a State Constitution or a plan for Territorial government, will consist of thirty-seven Delegates who will meet in Monterey on the first day of September next. … The local Alcaldes and members of the Ayuntamientos or Town Councils will act as Judges and Inspectors of elections. … The polls will be open from 10 o’clock A.M. to 4 P.M., or until sun set if the Judges deem it necessary.

Every free male citizen of the United States and Upper California, twenty-one years of age, and actually resident in the district where the vote is offered, will be entitled to the right of suffrage. All citizens of Lower California who have been forced to come to this territory on account of having rendered assistance to the American troops during the recent war with Mexico, should also be allowed to vote in the district where they actually reside. Great care should be taken by the Inspectors that votes are received only from bona fide citizens actually resident in the country. These judges and Inspectors previous to entering upon the duties of their office, should take an oath faithfully and truly to perform these duties. The returns should state distinctly the number of votes received for each candidate, be signed by the Inspectors, sealed and immediately transmitted to the Secretary of State for file in his office. …

The method here indicated to attain what is desired by all, viz: a more perfect political organization, is deemed the most direct and safe that can be adopted, and one fully authorised by law. … It is therefore hoped that it will meet the approbation of the people of California, and that all good citizens will unite in carrying it into execution.

Given at Monterey, California, this third day of June, A. D. 1849. (Signed) B. RILEY, Brevet Brig Genl. USA, and Governor of California. Official—H. W. HALLECK, Bvt. Capt. and Secretary of State.

Governor Riley did not have the authority to call a constitutional convention—but he did it anyway. The delegates did not have the authority to declare California a state or draw its boundary—but they did it anyway.

The Territory was divided into ten districts with the number of delegates determined by population. Seventy-two men were elected, only 48 came to Monterey. They were lawyers, merchants, ranchers, military officers, printers, surveyors, bankers, and physicians. Not everyone spoke English. Many were strangers to each other while some had been business partners or friends—or adversaries—for years.

They worked diligently six days a week for six weeks to draft California’s first Constitution. Following the Convention, elections were held for governor, lieutenant governor, senators, and assemblymen to the first state legislature, proposed to meet two months later on December 15, 1849.

Only one other time in U.S. history has a body of dedicated representatives acted with such mature determination and self-reliance to form its own government. Philadelphia, 1787.

Each delegate’s life is a story worth telling.

PART I

Los Angeles District

1

Manuel Dominguez

On November 19, 1877, Don Manuel welcomed Thomas Savage into his home with the same gracious dignity he offered to all his visitors. He read the letters of introduction Thomas presented, encouraging him to allow Thomas to interview him for Hubert Howe Bancroft’s History of California. As former U.S. consul to Cuba, Thomas understood the fine art of diplomacy and was fluent in Spanish. What Thomas didn’t realize was that he was dealing with a man whose own grasp of diplomacy was far more skillful than his own. Don Manuel and his vast land holdings had survived and thrived through the Spanish, Mexican and American conquests.

The 74-year-old humbly insisted that his many years away from public life and a failing memory might cause him to provide incorrect and misleading information. He would not have his name associated with false assertions. Thomas then asked Don Manuel about the historical documents in his possession, asking outright for him to donate them to the Bancroft collection. Don Manuel’s polite response was that he had no records of a public nature.

Was Don Manuel genuinely fearful of giving false information, or was there another reason? Did he perhaps believe that talking about those early days would be disloyal to the memories of his family and friends? Loyalty and devotion were at the heart of Don Manuel’s life—loyalty to his family, his country, his religion, and his beloved Rancho San Pedro.

Born on January 26, 1803, at Mission San Juan Capistrano, Don Manuel was the third Dominquez to own Rancho San Pedro. His father, Cristóbal, inherited the land from his uncle, Juan José, a Spanish soldier with the Gaspar de Portola Expedition that escorted Friar Junipero Serra to Alta California. He retired from the military in 1784 and petitioned the provincial governor for vacant land south of the Pueblo de Los Angeles where he could raise cattle. The governor was Juan José’s former lieutenant. For his years of loyal military service, he received the first private land grant in Southern California. Rancho San Pedro was 75,000 acres or 120 square miles. (It included what is today the entire Port of Los Angeles, San Pedro, Harbor City, Wilmington, Carson, Compton, Dominguez Hills, Lomita, Palos Verdes Peninsula, Redondo Beach, Hermosa Beach, Manhattan Beach, and Torrance.)

Twenty-one years later, blind and with no family of his own, Juan José went to live with his nephew, Cristóbal. When Juan José died in 1809, Cristóbal inherited half of Rancho San Pedro. He was a career military officer who had no interest in ranching. Shortly before his death in 1822, Cristóbal made out a simple will, bequeathing the land to his children.

As the eldest surviving male child, 19-year-old Manuel was now head of the family. With no interest in pursuing a military career, he moved his mother and siblings, along with a small herd of cattle, to their new home at Rancho San Pedro. As a cattle rancher, Manuel came into frequent contact with American traders. He became fluent in English—speaking, reading and writing—skills which enabled him to excel as a rancher and a businessman.

When Alta California came under Mexican control, everyone who had received land grants under the previous Spanish rule was ordered to present proof of land ownership to the Mexican government if they were to keep their land. Don Manuel was one of the few who had such evidence. In 1826, the Dominguez family received confirmation that the Mexican government re-granted the Rancho to Cristóbal Dominguez and his heirs.

A year later, 24-year-old Manuel and 21-year-old Maria De Gracia Cota were joined in holy matrimony at the San Gabriel Mission. They would be married for 55 years, living all that time at Rancho San Pedro where they would raise their 10 children and remain devout followers of the teachings of the Roman Catholic Church.

Don Manuel’s plan to spend his life on his rancho was disrupted the following year when the community leaders asked him to join them in local government, a role that would last for 16 years. He first accepted a seat on the Town Council of Los Angeles. That same year he was appointed presidential elector representing the Pueblo de Los Angeles and the following year he was a delegate to the first Mexican legislature in Alta California.

He was elected to three separate terms as alcalde of Los Angeles in 1832, 1839 and 1842. From 1833 to 1836 he was auxiliary alcalde of the Pueblo. In 1834 he served as a member of the assembly of Alta California. In 1836, and again in 1843, he was elected justice of the peace, representing an area that included his own Rancho San Pedro. In 1843, he was also appointed prefect of the Second District of Los Angeles, the highest political office in the area because he reported directly to the governor. The position was abolished the following year, which