Interim government of California facts for kids

When California became a state in 1850, it was a big moment! But before that, from 1846 to 1850, California had an "interim government." This means it was a temporary government, kind of like a substitute teacher, while the United States decided what to do with this new land. This temporary government started during the Mexican–American War and lasted until California officially joined the U.S. as the 31st state.

There were three main parts to this temporary government:

• Phase 1: Military Rule (1846-1848)

This was during the war. The U.S. military took control of California, and the government was basically military law. This phase ended when the war finished in 1848 with the Treaty of Guadalupe Hidalgo.

• Phase 2: U.S. Territory (1848-1849)

After the war, California became a U.S. territory. The local governments that were already there mostly stayed in place. However, the military was still in charge, and military governors could overrule any local decisions.

• Phase 3: Towards Statehood (1849-1850)

This phase began when California created its own constitution in October 1849. Soon after, the first civilian (non-military) state government was elected. On December 20, 1849, the military handed over control to this new civilian government. Even then, California wasn't officially a state yet. It had to wait for the U.S. Congress to approve its request to join the country. This final phase ended on September 9, 1850, when Congress passed the California Statehood Act, making California a state!

Leaders of California's Interim Government

During this temporary period, California had several leaders. First, there were six military governors from 1846 to 1849. Then, the first elected civilian governor took over in late 1849.

• 1846, July 7–23: John D. Sloat, a Commodore in the United States Navy, was the first military governor. He commanded the U.S. Pacific Fleet.
• 1846, July 23: US Navy Commodore Robert F. Stockton took over from Sloat.
• 1847, January 16 – March 28: Captain John C. Frémont was appointed by Stockton to be governor.
• 1847, March 1: US Army General Stephen Kearny replaced Stockton. He immediately removed Stockton's appointments, including Frémont. Kearny ordered Colonel Richard Barnes Mason to take Frémont's place, which happened on March 28.
• 1847, May 31: Kearny appointed Mason to be the next commander and governor.
• 1849, February 28: General Percifor F. Smith arrived to take military command of the Pacific area, which included California. However, he did not replace Mason as military governor.
• 1849, April 13: Brigadier General Bennett Riley arrived to succeed Mason as military governor.
• 1849, December 20: Riley handed over the governorship to Peter H. Burnett. Burnett was California's first elected civilian governor and continued to serve after California became a state.

How Local Government Worked

The military governors mostly kept the local government system that Mexico had used.

• The main local leader was called an alcalde. This person handled both legal and administrative jobs.
• The ayuntamiento was an elected group that gave advice.
• The juez de pais (which means "justice of the peace") dealt with small legal issues and kept order in towns.
• The juez de campo (or "judge of the countryside") helped solve problems in rural areas, like who owned cattle.
• In some larger towns, the military governor appointed a prefecto. This person was a direct representative of the governor, similar to a prefect in modern France.

Commodore Stockton made some changes. He appointed William H. Russell as Secretary of State. He also tried to create a civilian legislative assembly in January 1846. This group was supposed to meet in Los Angeles, but it never did because Stockton left.

Stockton made it clear that he was in charge. On August 17, he announced that "military law will prevail, and the commander in chief will be the governor." He also set elections for local officials on September 15, but he appointed many people before that date. All of Stockton's choices were later confirmed by election. Stockton even wrote a state constitution, but it was never used because General Kearny was chosen to take over.

In September, Stockton divided California into three military districts. Each district had a commander who was in charge of that area. These commanders were Captain John B. Montgomery (north), Lt. William A. T. Maddox (central), and Captain Archibald H. Gillespie (south).

American alcaldes were appointed or confirmed to replace Mexican officials whose loyalty was questioned. Some of these appointed alcaldes included Jonathan Temple and Alexander Bell in Los Angeles, Thomas M. Robbins in Santa Barbara, and Walter Colton in Monterey.

Kearny Takes Command

On February 8, 1847, General Kearny arrived in Monterey. He met Commodore William Branford Shubrick, who was Stockton's replacement. After reading his orders, Shubrick recognized Kearny as the main commander on land in California. Shubrick took over as commander of naval forces and also managed customs and taxes at ports. On March 1, Shubrick and Kearny announced this new division of power.

Kearny also found much-needed army reinforcements in Monterey. An artillery unit had arrived from New York. Among its officers were Lt. William T. Sherman, Lt. Henry W. Halleck, and Lt. Edward Ord. These officers became important helpers for Kearny and the army leaders who came after him.

On March 1, 1847, General Kearny issued a "Proclamation to the People of California." In it, he stated his plan to "take charge of the civil government." Like the leaders before him, Kearny was a military commander who ran the government through direct orders, not through civilian processes. However, he mostly left local matters to the local officials who were already using the Mexican system.

The Frémont Situation

One of the most talked-about events during this time was the disagreement over who was governor, involving Frémont. Because of slow communication, unclear command rules, and strong personalities, the situation was confusing for months. Stockton had appointed Frémont as governor on January 16, 1847. But when Kearny replaced Stockton in February, he quickly canceled Frémont's appointment.

Frémont met with Kearny on March 26 and agreed to give up the governorship. However, he then went back to his headquarters in Los Angeles. Frémont refused several times to meet with Colonel Mason, who Kearny had sent to take over military command in the area. After a near-duel, Frémont finally gave up his office to Mason. Kearny was angry about Frémont's disobedience and later had him arrested and put on trial by a military court. Frémont was found not guilty of mutiny (the most serious charge) but was convicted of other charges related to not following orders. He was dishonorably discharged from the army. However, President James K. Polk saved Frémont's career by reducing his punishment and reversing the discharge.

Historians still have different opinions about who was right or wrong in this situation. Some blame Frémont for not following orders, while others think Kearny was too harsh. Many agree that a mix of factors caused the problem. It's clear that Frémont was found guilty of not following orders by a military court. One historian, Theodore Grivas, wrote that it was unclear how Frémont, an army officer, thought a naval officer (Stockton) could protect him from not obeying his superior officer (Kearny). However, Grivas also noted that this conflict might have been avoided if communication methods were better back then.

Kearny and Mason's Leadership

To improve communication with the native Californian people, Kearny appointed Mariano G. Vallejo and John A. Sutter as Indian sub-agents on April 6. Their job was to talk directly with the native groups on behalf of the United States.

In April 1847, the 1st Regiment of New York Volunteers arrived as army reinforcements. They replaced the Mormon Battalion, whose members were finishing their one-year service. Kearny divided the New York regiment into three parts: two for district garrisons and one for newly occupied territory in Baja California. These volunteers replaced the Navy and Marine groups that Stockton had used. Colonel Jonathan D. Stevenson became the southern district commander in Los Angeles. Major James A. Hardie became the northern district commander in Sonoma. Lt. Col. Henry S. Burton went to Baja California.

On May 31, Kearny appointed Colonel Mason to take over as military governor. Kearny then traveled back to St. Louis, ordering Frémont to come with him part of the way. At Fort Leavenworth, Kearny had Frémont arrested and ordered him to report for his military trial in Washington.

One of Mason's first actions showed how much power the military governor had over civilian matters. In June 1847, Mason had to deal with a problem that Kearny hadn't solved. Kearny had ordered that a locally elected alcalde in Sonoma, John H. Nash, be replaced by Kearny's choice, Lilburn W. Boggs. Nash and the people of Sonoma refused, questioning the military governor's authority. Lt. William T. Sherman volunteered to go to Sonoma and bring Nash back to Monterey so Mason could explain the situation. Sherman succeeded, Nash resigned, and no further military action was needed.

Soon after, Mason appointed Lt. Sherman as Assistant Adjutant General and Lt. Henry W. Halleck as Secretary of State. Halleck focused on legal and land matters. During this time, when the limits of U.S. government power in California were still unclear, Halleck became an expert in international and maritime law.

California Joins the U.S.

On February 2, 1848, the Treaty of Guadalupe Hidalgo was signed, officially ending the Mexican-American War. This news wasn't announced in California until August 7. Before this, California was just occupied territory. Now, it officially became part of the lands given to the U.S. by the treaty. Because California was now officially part of the U.S., the laws made by the military government had to follow the U.S. Constitution. National laws, like tariffs (taxes on imported goods), automatically applied to California, but local laws stayed in place.

Another effect of the peace treaty was that most of the soldiers in California, who were volunteers, were discharged. This left only two companies of regular soldiers in all of California. In August 1848, Governor Mason reported that he only had "two companies of regulars." The first volunteer unit, the Mormon Battalion, had already left, as had many members of Frémont's California Battalion. Only the 1st Regiment of New York Volunteers remained close to full strength.

Keeping order became even harder when the California Gold Rush began. By the summer of 1848, news of gold had reached most of California, and soldiers even started leaving the army to search for gold. Colonel Mason inspected the gold fields and sent a report to Washington. When Mason's report was published on August 17, 1848, it announced the gold discovery to the world, which really kicked off the Gold Rush. With fewer troops and a rapidly growing population of gold seekers, Colonel Stevenson tried to recruit a volunteer militia in Los Angeles to replace his departed New York volunteers.

California's Government Before Statehood

By the time General Bennett Riley arrived to replace Mason on April 13, 1849, many larger settlements had held their own elections. The huge population growth from the Gold Rush made it very clear that California needed statewide laws and civilian government. In San Francisco, different groups claimed to be the elected leaders. This led Riley, on May 6, to suspend the San Francisco alcalde, Thaddeus Leavenworth, who was accused of bad management by a newly created "Legislative Assembly."

To help Americans understand the Mexican local government system (which was still in use), Riley ordered an English translation of the Mexican laws that were in effect before the war.

When Riley learned that Congress had again gone on break without deciding on California's statehood, he took action. On his own authority, he issued a proclamation calling for a Constitutional Convention. This proclamation explained how the process would work. Delegates were elected on August 1. The Constitutional Convention met in Monterey on September 3. Then, on November 13, elections approved the new constitution, a civilian executive (governor), and legislators.

General Riley officially handed over the governorship to Peter H. Burnett in his final proclamation on December 20. He stated: "A new executive having been elected and installed into office... the undersigned hereby resigns his power as governor of California..." With Riley's proclamation, California had its own constitution, a state government, and a state governor, but it was not yet an official state. For the next eight months, the elected government tried to act like a state. Even though there had been rumors of people wanting California to be an independent republic (like Texas had briefly been), these elections seemed to stop those ideas. Governor Burnett said: "There was not the slightest ground for the charge that the people of California desired to establish an independent government."

Finally, in 1850, Congress approved California's statehood as part of what was called the "Compromise of 1850." President Millard Fillmore signed the bill into law on September 9, 1850.

Timeline of Interim Years

• 1846, April 24: The Mexican–American War began with a Mexican attack across the Rio Grande.
• 1846, June 14: The Bear Flag Revolt started when U.S. immigrant settlers captured Sonoma Barracks.
• 1846, July 5: Captain John C. Frémont arrived at Sonoma and added the rebels to his California Battalion volunteers.
• 1846, July 7: Commodore Sloat landed marines to occupy Monterey and raise the U.S. flag. He became the head of government in the occupied territory. In the next few days, Sloat appointed naval officers to command the occupation of Yerba Buena (later San Francisco), Sonoma, and San Jose.
• 1846, July 15: Navy Commodore Robert F. Stockton arrived at Monterey. He took over command of occupation forces from Sloat on July 23.
• 1846, July 19: Frémont arrived in Monterey to talk with Sloat, who dismissed Frémont and his troops. Sloat refused to make them part of the U.S. occupation forces. However, Stockton reversed Sloat's decision and brought Frémont back as the California Battalion leader under his Navy command.
• 1846, August 13: Stockton's navy and marine forces took control of Los Angeles, after Frémont had taken San Diego.
• 1846, August 17: Stockton issued his proclamation about military law.
• 1846, September 15: This was the date Stockton set for local elections.
• 1846, September 27: Southern Californians revolted against Gillespie while Stockton and Frémont were in the north. General Stephen Kearny arrived from Santa Fe but, not knowing about the revolt, brought only about 100 soldiers. Kearny's force was defeated by the Californians at the Battle of San Pasqual, east of San Diego.
• 1847, January 10: The revolt mostly ended with the Battle of Rio San Gabriel. Californian commander Andres Pico withdrew and stopped fighting. Stockton and Kearny's forces re-entered Los Angeles. When Stockton refused to give up command, Kearny pulled his troops back to San Diego to wait for more soldiers.
• 1847, January 16: Stockton appointed Frémont as "civilian" governor.
• 1847, January 29: The 300+ man Mormon Battalion of volunteers arrived in San Diego, coming overland from Santa Fe. These reinforcements allowed Kearny to move to Monterey.
• 1847, January 22: Commodore Shubrick arrived in Monterey by ship.
• 1847, February 12: Colonel Richard Barnes Mason arrived at Monterey to become Kearny's second-in-command. He brought orders from Washington confirming Kearny's authority.
• 1847, March 1: Kearny issued his "Proclamation to the People of California."
• 1847, March 26: Frémont met with Kearny in Monterey and finally agreed to obey the March 1 Proclamation.
• 1847, March 28: Kearny sent Mason to Los Angeles to relieve Frémont. Frémont's 50-day time as governor ended.

View of San Francisco in 1847, when the 1st Regiment of New York Volunteers arrived

• 1847, April: The 1st Regiment of New York Volunteers, led by Colonel Stevenson, arrived in San Francisco by sea.
• 1847, May 31: Kearny appointed Colonel Mason to succeed him as military governor.
• 1848, January 24: Gold was discovered at Sutter's Mill, starting the California Gold Rush.
• 1848, February 2: The Treaty of Guadalupe Hidalgo ended the war. California was given to the U.S.
• 1849, February 28: General Percifor F. Smith arrived in San Francisco to take overall military command in the Pacific area, including California. However, Smith did not replace Mason as military governor of California.
• 1849, April 13: Brigadier General Bennett Riley arrived to succeed Mason as military governor.
• 1849, June 3: General Riley called for a Constitutional Convention.
• 1849, November 13: Elections approved the new constitution, a civilian governor, legislators, and various local officials.
• 1849, December 20: General Riley handed over the California governorship to Peter H. Burnett.
• 1850, September 9: California became a state, ending the interim government period.