"Officialdom": California state government, 1849-1879

California History, Wntr, 2003 by Judson A. Grenier

An overview of California government in the three decades between the first and second constitutional conventions reveals clear patterns of change. At the outset (including the first two legislative sessions), government was creative and generally responsible; relationships between the branches were relatively harmonious. However, as the decade of the 1850s progressed, the legislative and executive branches increasingly were caught up in the partisan bickering that accompanied the rise of political parties and rancor over the spoils of office. The period of the Civil War was a clear watershed for government, as the founding fathers were ushered out and a new breed of official emerged, ready to use the mechanisms of state to encourage the growth of industry, corporations, and large-scale agriculture. Excesses in all of these areas created a political backlash in the 1870s, as the voting public came to view jobholders and especially legislators as captives of special interests, thus fomenting the disillusionmen t with government that led to the second constitutional convention. Yet during all of these years, serving as a state officer often meant relinquishing a more lucrative career. Given the acquisitive culture of the time, California probably was fortunate that most of its officials were responsible men. (1)

In the state's first election, on November 13, 1849, although the state had not yet been admitted to the Union and its government was extralegal, voters approved the new constitution, elected Peter H. Burnett governor and John McDougal lieutenant governor, and chose the members of the legislature and congressional representatives. The other state officers were chosen by the legislature after it convened in San Jose, the first state capital, on December 17, 1849. On December 20, Governor Burnett took the oath of office, and that afternoon the legislature in joint session elected United States senators. Two days later they met in convention to cast ballots for state treasurer, controller, attorney general, surveyor general, and three justices of the state Supreme Court, and to approve the governors nominee for secretary of state. (Future holders of these offices would be elected by the public.) During the following month, legislative committees defined the duties of the executive officers. By the end of January 1850, the structure of California government was in place. (2)

The basic elements of state government, with some additions, remained stable throughout the subsequent thirty years, and even thereafter, for the constitutional convention of 1878-79 did little to alter the structure, except for the judicial branch. In spite of the radical rhetoric of some of the members, most delegates at the second convention, according to Carl Swisher, "looked on them as matters which were settled." What follows may be considered the state's "officialdom":

LEGISLATURE: The bicameral body consisted of a Senate and an Assembly, elected by district throughout the state for two- and one-year terms, respectively. At first, the legislature met annually for about four months (early January to the end of April). These sessions put the capital in the public spotlight, as the press dispatched correspondents to cover debates over new legislation. However, the sessions easily were the greatest drain on the annual state budget, for legislators received travel and per diem pay that were excessive in comparison with that paid in other states. In part to reduce expenses, in 1862 voters approved amendments to the state constitution that established biennial sessions and increased the terms of assemblymen to two years and senators to four. (3)

GOVERNOR: The chief magistrate of the state's original term was two years, but it was increased to four by an 1862 constitutional amendment. Chief of the executive branch, he made all formal appointments, supervised civil and military officers, headed the state militia, pardoned prisoners, addressed or forwarded messages to the legislature, approved or vetoed legislation, and served on a variety of boards. ("Too many" was a frequent complaint.)

LIEUTENANT GOVERNOR: Terms were the same as those for governor, and if the governor left office, he assumed that role, as did John McDougal in 185 1, John G. Downey in 1860, and Romualdo Pacheco in 1875. As president of the Senate, he could vote on legislation to break a tie. During these years he served on various state boards, such as the Prison Commission and Trustees of the Burial Grounds.

SECRETARY OF STATE: Originally appointed by the governor with the consent of the Senate, his office was made elective and the term fixed as the same as that of the governor by constitutional amendment in 1862. His duties included keeping records of the executive and legislative branches; in essence, he was chief archivist, as spelled out in the 1850 legislature's first act, which created the state's public archives. But over the years he was assigned special tasks, some of which required agencies to fulfill them, such as head of the State Library and sealer of weights and measures. Another 1850 law required him to recor d and issue certificates of incorporation, so he was also involved in the growth of business.