fined, was found to be totally
insolvent. The _alcalde_ thereupon ordered the plaintiff to pay the fine
and costs for the reason that the court could not be expected to sit
without remuneration. Though this naive system worked out well enough in
the new and primitive community, nevertheless thinking men realized that
it could be for a short time only.

As long as the war with Mexico continued, naturally California was under
military Governors, but on the declaration of peace military government
automatically ceased. Unfortunately, owing to strong controversies as to
slavery or non-slavery, Congress passed no law organizing California as
a territory; and the status of the newly-acquired possession was far
from clear. The people held that, in the absence of congressional
action, they had the right to provide for their own government. On the
other hand, General Riley contended that the laws of California obtained
until supplanted by act of Congress. He was under instructions as
Governor to enforce this view, which was, indeed, sustained by judicial
precedents. But for precedents the inhabitants cared little. They
resolved to call a constitutional convention. After considerable
negotiation and thought, Governor Riley resolved to accede to the wishes
of the people. An election of delegates was called and the
constitutional convention met at Monterey, September 1, 1849.

Parenthetically it is to be noticed that this event took place a
considerable time after the first discovery of gold. It can in no sense
be considered as a sequel to that fact. The numbers from the gold rush
came in later. The constitutional convention was composed mainly of men
who had previous interests in the country. They were representative of
the time and place. The oldest delegate was fifty-three years and the
youngest twenty-five years old. Fourteen were lawyers, fourteen were
farmers, nine were merchants, five were soldiers, two were printers, one
was a doctor, and one described himself as "a gentleman of elegant
leisure."

The deliberations of this body are very interesting reading. Such a
subject is usually dry in the extreme; but here we have men assembled
from all over the world trying to piece together a form of government
from the experiences of the different communities from which they
originally came. Many Spanish Californians were represented on the
floor. The different points brought up and discussed, in addition to
those finally incorpo