[p. 80, Hon. Wm. M. Gwin, 1908e, p. 80]
A committee had been appointed to receive propositions and designs for a state seal. But one design was received, presented by Caleb Lyon, but drawn by Robert S. Garnett. It contained a figure of Minerva; a grizzly bear feeding on a bunch of grapes; a miner with his gold rocker and pan; a view of the Goldern Gate with ships in the bay and peaks of the Sierra Nevada in the distance; thirty-one stars and above all the word "Eureka." The convention adopted the design as presented. The constitution was completed on October 10th and an election was called by Governor Riley for November 13th, to ratify the constitution, elect state officers, a legislature and members of Congress. At the election Peter H. Burnett was chosen governor; John McDougall, lieutenant-governor; George W. Wright and Edward Gilbert, members of congress. During the session of the legislature, Wm. M. Gwin and John C. Fremont were elected to the United States Senate.
San José had been designated as the state capital. On December 15th the state government was inaugurated there. The legislature consisted of sixteen senators and thirty-six assembly-men. On the 22nd the legislature elected the remaining state officers, viz.: Richard Roman, treasurer; John S. Houston, controller; E.J.C. Kewen, attorney-general; Charles J. Whiting, surveyor-general; S.C. Hastings, chief justice; Henry A. Lyons and Nathaniel Bennett, associate justices. The legislature continued in session until April 22nd, 1850. Although this law-making body was named the "Legislature of a thousand drinks", it did a vast amount of work and did most of it well. It divided the state into twenty-seven counties and provided for county government. It also provided for the [p. 81] incorporation of cities and towns; passed revenue and other necessary laws, both civil and criminal.
California was a self constituted state. It had organized a state government and put it into operation wihout the sanction of Congress. It had not been admitted into the union and it actually enjoyed the privileges of statehood for nine months before it was admitted. When the question of admission came before congress it evoked a bitter controversy. The senate was equally divided-thirty members from slave states and thirty from the free states. There were among the southern senators some broad-minded men, but there were many extremists on the subject of slavery-men who would sacrifice their country in order to extend and perpetuate that sum of all villainies-slavery. This faction resorted to every known parliamentary device to prevent the admission of California under a free state constitution. On August 13th the bill for admission finally came to a vote; it passed the senate-thirty-four ayes to eighteen nays. Even then the opposition did not cease. Ten of the southern extremists joined in a protest against the action of the majority. In the house the bill passed by a vote of one hundred and fifty to fifty-six. It was approved and signed by President Fillmore September 9th, 1850. On the 11th of September the California senators and congressmen presented themselves to be sworn in. The southern faction of the senate, headed by Jefferson Davis, who had been one of the most bitter opponents to admission, objected. But their protest came too late.
The news of the admission of California as a state reached San Francisco on the morning of October 18th, by the mail steamer Oregon. Business was at once suspended, courts adjourned and the people went wild with delight. Messengers mounted on fleet horses spread the news throughout the state. Everywhere there were rejoicing. For ten months the state government had been in full operation; its acts were now legalized and it continued in power without change or [p. 82] interruption under the officers elected in 1849 for two years. The first state election after admission was held in October, 1851. John Bigler was elected governor.