The convention was one of the keenest and most intelligent that ever assembled for the fulfillment of a legislative responsibility. Six of the delegates had resided in California less than six months, while only twenty-one, exclusive of the seven native Californians, had resided here for more than three years. The average age of all the delegates was 36 years. The debates of that convention should be familiar to every citizen of this State. No Californian should be unfamiliar with the great debate on what was to constitute the eastern boundary of the State of California, a debate accompanied by an intensity of feeling which in the end almost wrecked the convention. The dramatic scenes wrought by the patriotism that saved the wrecking of the convention stand out in bold relief. The constitution adopted by this convention was ratified November 13, 1849, and, at the same election, an entire State and legislative ticket, with two representatives in Congress, was chosen. The senators and assemblymen elect met in San Jose on December 15, 1849. On December 20, 1849, the State government of California was established and Governor Peter H. Burnett was inaugurated as the first Governor of the State of California, and soon thereafter William M. Gwin and John C. Fremont were elected the first United States Senators of the State of California. Notwithstanding the fact that there had never been any territorial form of government, notwithstanding the fact that California had not yet been admitted into the Union, these men were all elected as members of the State government, and the United States Senators and members of Congress started for Washington to help get the State admitted.
Immediately upon the inauguration of Governor Burnett, General Riley issued this remarkable proclamation:
“To the People of California: A new executive having been elected and installed into office, in accordance with the provisions of the Constitution of the State, the undersigned hereby resigns his powers as Governor of California. In thus dissolving his official connection with the people of this country he would tender to them his heart-felt thanks for their many kind attentions and for the uniform support which they have given to the measures of his administration. The principal object of all his wishes is now accomplished — the people have a government of their own choice, and one which, under the favor of Divine Providence, will secure their own prosperity and happiness and the permanent welfare of the new State.”
No matter what the legal objections to this course might be, notwithstanding the fact that Congress had as yet passed no bill for the admission of California as a State into the Union, and might never pass one, California broke all precedents by declaring itself a State, and a free State at that, and sent its representatives to Washington to hurry up the passage of the bill which should admit it into the Union.


