Malcolm Rivera
The California Constitution, which was first drafted in 1849, was written in both English and Spanish by American pioneers, European settlers, and Californios (Hispanics of California). The constitution was adopted at the 1849 Convention of Monterey, following the Mexican-American War and California's admission to the Union in 1850. The influence of previous Mexican civil law is considered one of the reasons why the California Constitution is one of the longest in the world. The Mexican government's decision to close all missions and nationalize church property after gaining independence in 1821 also had a significant impact on California's history. This action, along with the encouragement of grants for individual ranchos, shaped the state's economy and society, with cattle-raising and the marketing of beef and hides becoming central to economic life.
| Characteristics | Values |
|---|---|
| Year of the first California Constitution | 1849 |
| Who drafted it | American pioneers, European settlers, and Californios (Hispanics of California) |
| Who influenced it | Previous Mexican civil law |
| Who adopted it | The 1849 Constitutional Convention of Monterey |
| Who ratified it | The people of California, in a popular vote on November 13, 1849 |
| What did it ban | Slavery |
| What did it guarantee | The right to vote to "Every citizen of California, declared a legal voter by this Constitution, and every citizen of the United States, a resident of this State on the day of election" |
| What did it do | Applied for California's admission to the Union |
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What You'll Learn
Influence of Mexican civil law
The California Constitution is one of the longest in the world, and this is partly due to the influence of previous Mexican civil law. The Mexican government encouraged governors to make more grants for individual ranchos, and these grants were outright. This was a significant shift from the Spanish monarchy, where land grants to individuals were scarce and title to these lands remained in the hands of the crown.
The Mexican government was also determined to secularize the missions, removing the control of the Franciscan missionaries over the natives and mission property. This process began in California in 1834, and most of the missions' lands were disposed of in large grants to white Californians or well-connected immigrants from Mexico. The end of the missions also meant that most local attempts at manufacturing stopped, and California became increasingly dependent on foreign merchants.
In 1846, the Mexican-American War began, and in 1848, Mexico and the United States signed a treaty that ended the war and transferred a vast portion of the Southwest, including present-day California, to the United States. The California Gold Rush of 1848-1855 attracted hundreds of thousands of young people from around the world, leading to a rapid increase in California's population.
In 1849, California adopted a constitution banning slavery and applied for admission to the United States. The constitution was drafted in both English and Spanish by American pioneers, European settlers, and Californios (Hispanics of California). It guaranteed the right to vote to every citizen of California and every citizen of the United States residing in California at the time of the first general election. The California Constitution of 1849 also outlawed any form of slavery in the state, and California entered the Union as a free, non-slavery state in 1850.
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Secularization of missions
The Secularization of the Missions was a significant aspect of the Mexican government's policy in California, which had far-reaching consequences. The process, also known as "disestablishment", involved the transfer of power and ownership of the missions from the Franciscan Order of the Catholic Church to the Mexican authorities. This marked a shift from the previous system, where the missions were established and supported by the Spanish.
The Spanish law that covered the missions gave them approximately ten years to function as religious and military outposts for the purpose of spreading Christianity among the local Native Americans. After this period, the missions were supposed to be turned over to the secular clergy, and the common mission lands were to be distributed among the Native Americans. However, the missions in Alta California had extended their occupation well beyond this expected time frame, leading to concerns about the power held by the missionaries and their influence from the Papacy and the Spanish monarchy. This prompted calls for the secularization of the missions, with the argument that it was necessary to establish a freer system of government.
The newly independent Mexican government, which achieved independence from Spain in 1821, passed laws calling for an end to the mission system. This process of secularization began in California in 1834, with the Mexican Secularization Act of 1833, also known as the Decree for the Secularization of the Missions of California. The Act nationalized the missions and took away much of the California Mission land, which was then sold or given away in large grants called "ranchos". This resulted in the displacement of the Native Americans who had lived and worked on the mission lands, as only a minority received land grants. The secularization of the missions also led to the closure of the monjeríos and the emancipation of the Indigenous peoples of California from the missions.
The process of secularization was not without resistance. The missionaries, who had occupied a position of power and influence over the issuance of land grants and labour, believed that the Native Americans required more time to be educated and adapt to a new lifestyle. They resisted the changes, arguing that the Indians in their communities were not ready to be converted into towns. Despite this resistance, the Mexican government, under Governor José Figueroa, took action to implement the secularization enactment. This included replacing Spanish-born Franciscan padres with Mexican-born Franciscan priests at settlements north of Mission San Antonio de Padua.
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Foreign land ownership
California's first constitution was drafted in 1849, following the Mexican-American War and before California's admission to the Union as a state in 1850. The constitution was written in both English and Spanish by American pioneers, European settlers, and Californios (Hispanics of California). It was ratified by popular vote on November 13, 1849, and amended in 1879.
The 1848 Treaty of Guadalupe Hidalgo, which formally ended the Mexican-American War, resulted in Mexico relinquishing its claims to California and ceding a vast portion of the Southwest to the United States. This paved the way for California's transition from Mexican to U.S. rule and the subsequent development of its constitutional framework.
During the Mexican era, California's land ownership policies underwent significant changes. Under Spanish rule, land grants to individuals were scarce, and titles remained under the crown's control. In contrast, the new Mexican republic encouraged governors to grant more individual ranchos outright, allowing foreigners to own land in the province once they were naturalized and converted to Catholicism. This policy shift led to an increase in foreign landownership in California, with grants being made to both white Californians and recently arrived, well-connected immigrants from Mexico.
The end of the missions and the secularization process initiated by the Mexican government in 1834 further impacted land ownership patterns. As a result, most of the mission lands were disposed of in large grants, contributing to the emergence of a new culture centered around cattle-raising and the marketing of beef and hides. This economic shift made California increasingly dependent on foreign merchants and traders, further influencing the state's demographics and social dynamics.
California's 1849 Constitution addressed land ownership and property rights, guaranteeing the rights of citizens to sue in civil court to uphold property rights (Article I, Sec. 16). It also established the state's original 29 counties (Article I, Sec. 4) and set up a court system with a supreme court (Article VI). Additionally, the constitution granted the right to vote to citizens of California and the United States residing in the state at the time of the first general election (Article XII, Sec. 5).
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Trade with foreigners
Following Mexico's independence in 1821, the newly independent nation's colonial policies differed from those of the Spanish monarchy. One of the most significant changes was that Californians were now allowed to trade with foreigners. This marked a shift from the previous Spanish policies, which restricted land grants to individuals and kept title to these lands under the crown's control.
The Mexican government, in contrast, encouraged its governors to grant individual ranchos outright, and foreigners could now own land in the province if they met certain requirements. Specifically, they had to be naturalized and convert to Catholicism. This policy change had a profound impact on the economy and society of California, as cattle-raising and the marketing of beef and hides became central to economic life.
The influx of foreign merchants in search of hides and the goods they brought with them contributed to this shift. As a result, California ranchers, particularly those located near the southern California coast, became increasingly dependent on trade with foreigners. This dynamic was further influenced by the arrival of British, Canadian, and American settlers in Oregon and the subsequent encroachment of non-Mexicans into northern California.
Additionally, the period following Mexican independence saw the rise of the legendary ranchero culture in California. This era was defined by a society centred around cattle-raising and the trade of beef and hides. The impact of these policies extended beyond economics, as the increase in trade and economic opportunities attracted ambitious young people from around the world, contributing to a diverse and dynamic population in California.
In 1848, Mexico and the United States signed the Treaty of Guadalupe Hidalgo, ending the Mexican-American War and ceding a significant portion of the Southwest, including present-day California, to the United States. This transfer of control marked a turning point in California's history, as it transitioned from being under Mexican influence to becoming an integral part of the United States. The California Constitution of 1849, drafted in both English and Spanish, played a pivotal role in shaping the state's future. It outlawed slavery and laid the foundation for California's admission to the Union as a free state in 1850.
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Californios' role in drafting
The Californios, or Hispanics of California, played a significant role in drafting California's first constitution in 1849. This constitution was adopted at the 1849 Constitutional Convention of Monterey, following the American Conquest of California and the Mexican-American War. It is worth noting that this constitution was drafted in both English and Spanish, reflecting the cultural and linguistic diversity of the state's population at the time.
The Californios' influence on the constitution can be seen in several key areas. Firstly, they helped shape the individual rights clauses, which have been interpreted as providing broader protections than the United States Bill of Rights. For example, the California Constitution of 1849 explicitly banned slavery in the state, a provision that was ahead of its time and reflected the values of both the Californios and the American pioneers and European settlers who also contributed to the constitution's drafting.
Secondly, the Californios' cultural and historical context influenced the constitution's content. For example, the constitution likely addressed land ownership and the role of the Catholic Church, which had been significant issues in California's history under Mexican rule. The Mexican government had encouraged grants of individual ranchos, and the constitution likely reflected the Californios' interest in securing their land rights.
Additionally, the Californios' experience under Mexican rule, which included the influence of Mexican civil law, may have contributed to the length and complexity of California's constitution. The California Constitution is known for its length, with numerous amendments and revisions over the years. While some have attributed this length solely to the influence of ballot propositions, the influence of Mexican civil law and the desire to protect the rights of all Californians, including the Californios, likely also played a role.
Lastly, the Californios' representation at the Constitutional Convention of Monterey is worth noting. Eight out of 48 delegates chosen to participate in the convention were native-born Californios, even though they required interpreters. This representation ensured that the Californios' perspectives and interests were considered in the drafting of the constitution.
In conclusion, the Californios played a significant and influential role in drafting California's first constitution. Their contributions reflected their cultural and historical context, and their participation helped shape the rights and protections afforded to all Californians under the state's constitution.
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Frequently asked questions
The first California Constitution was drafted in 1849, following the Mexican-American War and the American Conquest of California. It was written in both English and Spanish and banned slavery in the state.
The first California Constitution was written by American pioneers, European settlers, and Californios (Hispanics of California).
The influence of Mexicans on the first California Constitution was significant. The length of the California Constitution has been partly attributed to the influence of previous Mexican civil law. Additionally, the Mexican government's secularization policies led to the closure of missions and the nationalization of church property, which had a lasting impact on the state's economy and society.
The 1849 California Constitution guaranteed the right to vote to every citizen of California and ensured that the state would enter the Union as a free, non-slavery state. It also set up the state's original 29 counties, established a court system with a supreme court, and created a legislature of two houses.
