Isabella Carter
California's first constitution was signed in Monterey, California, on October 13, 1849. The constitution was drafted in both English and Spanish and was signed following the American Conquest of California and the Mexican-American War. The document was signed by 48 delegates, including prominent figures such as pioneer John Sutter and California's second governor, John McDougal. The constitution guaranteed white male suffrage, forbade slavery, and allowed married women to own separate property. It served as the state's basis of government until 1879, when a new constitution was adopted.
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California's first constitution was signed in Monterey, CA, in 1849
California's first constitution was signed in Monterey, California, on October 13, 1849. The signing of the document was the culmination of a six-week constitutional convention, during which 48 delegates worked to create the constitution. The convention was held in Colton Hall, Monterey, and the delegates met in the small schoolrooms on the first floor before coming together in the large second-story hall to debate and vote.
The delegates came from a range of backgrounds, with thirty-six born in the United States, six native-born Californios, and the rest from Spain, Ireland, Scotland, France, and Switzerland. The group included lawyers, ranchers, and merchants, with a mix of ages, and varying lengths of residence in California. Notably, the delegates had diverse political views and perspectives, and not all of them spoke English. This meant that the proceedings had to be translated into Spanish by an English merchant from Monterey, William Hartnell.
The 1849 constitution was drafted in both English and Spanish and was influenced by the constitutions of New York and Iowa. It guaranteed white male suffrage, forbade slavery, and allowed married women to own separate property. These rights and freedoms were important to the new state, and the constitution was a significant step towards California's statehood.
The constitution was voted on and approved by the people of California, and it served as the basis of the state's government until 1879, when a new constitution was adopted. The 1849 constitution was then amended and ratified in 1879, following the Sacramento Convention of 1878-79. This process of amending and revising the constitution has continued over the years, with the document undergoing numerous changes since its original drafting.
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The constitution was drafted in English and Spanish
The California Constitutional Convention of 1849, also known as the Monterey Convention, was the first of two constitutional conventions in California in the nineteenth century. The convention was held in Colton Hall, Monterey, from 1 September to 13 October 1849. The convention was called by Governor Riley to draft California's first constitution, following the American Conquest of California and the Mexican-American War.
The convention was attended by 48 delegates from ten districts, with diverse backgrounds. Thirty-six of the men were born in the United States, six were native-born Californios, and the rest came from various countries, including Spain, Ireland, Scotland, France, and Switzerland. Their professions varied, but law, ranching, and merchandising predominated.
Because not all the delegates spoke English, the proceedings were translated into Spanish by William Hartnell, an English merchant from Monterey. The delegates met in separate schoolrooms on the first floor of Colton Hall to discuss specific issues, and then they came together in the large second-story hall to debate and vote. The final constitution was drafted in both English and Spanish and was signed on 13 October 1849.
The constitution was then sent to the United States government for approval. On 9 September 1850, President Millard Fillmore signed the documents, admitting California as the 31st state of the Union. The 1849 constitution served as the basis of California's government until 1879, when a new constitution was adopted following the Sacramento Convention of 1878-79. The current California Constitution, ratified in 1879, still references the original boundaries stated in the 1849 Constitution.
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48 delegates from diverse backgrounds attended the convention
The signing of California's first constitution in 1849 was preceded by a convention of 48 delegates from diverse backgrounds. The convention was held in Colton Hall, Monterey, California, and was convened by Governor Riley to draft the state's constitution. The delegates were elected from ten districts, and their task was to debate and decide on complicated issues such as the location of the eastern boundary line—the Sierra Nevada Mountains or the Rocky Mountains.
The delegates' backgrounds were varied, with law, ranching, and merchandising being the most common professions among them. Thirty-six of the delegates were born in the United States, six were native-born Californios (California-born, Spanish-speaking residents), and the remaining six came from various countries, including Spain, Ireland, Scotland, France, and Switzerland. The presence of delegates from different regions and backgrounds reflects the diverse population of California at the time.
The convention lasted for six weeks, and the delegates met in the small schoolrooms on the first floor of Colton Hall to discuss specific issues. They then gathered in the large second-story hall to debate and vote on the issues. The proceedings were translated into Spanish by William Hartnell, an English merchant from Monterey, as not all delegates spoke English. This accommodation ensured that all delegates could actively participate in the discussions and that the final constitution would represent the interests of California's diverse population.
The delegates' ages also varied, with half being under 35 and four being over 50. Fourteen of the delegates were lawyers, twelve were ranchers, and nine were merchants. The presence of legal professionals, such as lawyers, likely contributed to the thoroughness and legality of the constitution. The ranchers and merchants, on the other hand, brought practical and economic perspectives to the discussions, ensuring that the constitution considered the realities of the time.
The diverse backgrounds and perspectives of the 48 delegates played a crucial role in shaping California's first constitution. Their debates and discussions laid the foundation for a document that would govern the state and protect the rights of its citizens. The delegates' ability to work together despite their differences is a testament to their commitment to creating a strong and inclusive framework for the state of California.
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The constitution was amended and ratified in 1879
California's first constitution was drafted in both English and Spanish and was signed on October 13, 1849, in Colton Hall, Monterey. The 1849 constitution was the state's basis of government until 1879 when a new constitution was adopted.
The constitution was amended and ratified on May 7, 1879, following the Sacramento Convention of 1878-79. The Sacramento Convention was composed of 152 delegates, with a series of districts apportioned 88 delegates. The convention took a full year to finalize, from March 1878 to March 1879. The new constitution was voted for and adopted by a vote of 77,959 to 67,134.
The 1879 constitution has been described as "the perfect example of what a constitution ought not to be". It was the result of Progressive mistrust of elected officials. The constitution has been amended an average of five times each year since its enactment. As of 2023, a constitutional amendment in California may be placed on the ballot by either a two-thirds vote in the state legislature or by signatures equal to 8% of the votes cast in the last gubernatorial election through the initiative power by the voters. This signature requirement is among the lowest thresholds for similar measures of any U.S. state.
The procedures for amending the California constitution have been criticized by politicians and political scientists as being too lax. This has resulted in a state constitution filled with irrelevant detail and incoherent policies created by conflicting majorities attempting to impose their will through the ballot process. There have been multiple calls for a third state constitutional convention, but none have gained widespread political momentum.
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California's constitution is among the longest in the world
California's first constitution was drafted in 1849 in Colton Hall, Monterey, and was written in both English and Spanish. The drafting of this constitution was prompted by the discovery of gold in California, which attracted a large population to the state. The 1849 constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878–79. The current California Constitution, adopted in 1879, has been amended 524 times and is among the longest in the world.
The constitution has been described as "filled with irrelevant detail and incoherent policies". This is due to the ease with which it can be amended—a simple majority vote in a referendum is all that is required. As a result, it has been amended an average of five times per year since its enactment. If California were a sovereign state, its constitution would be the second or third-longest in the world by word count.
The California Constitution has 35 articles, including "State of California", "Legislative", and "Taxation". The constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers. It also gives charter cities supreme authority over municipal affairs, allowing their local laws to override state law. The constitution also mentions two universities: the public state-run University of California and the private Stanford University.
The ease of amending the California Constitution has been a source of contention, with politicians and political scientists arguing that the procedures are too lax. This has led to efforts to revise the constitution, such as the creation of a California Constitution Revision Commission in 1962. The Commission worked on a comprehensive revision of the constitution from 1964 to 1976, and their revisions were ratified by the electorate in 1966, 1970, 1972, and 1974. The Commission ultimately removed about 40,000 words from the constitution.
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Frequently asked questions
The first Constitution of California was signed in Monterey, CA, in 1849.
The 1849 Constitution was the state's basis of government until 1879 when a new constitution was adopted. It guaranteed white male suffrage, forbade slavery, and allowed married women to own separate property.
The 1849 Constitution was significant as it paved the way for California to become a state in 1850. It also set the foundation for the state's government and legal system, which have evolved over time through various amendments and revisions.
