anybody else to comply with his agreement. This principle, which was
good sense, has since become good law.

The _alcalde_ refused to be bound by trivial concerns. A Mexican was
accused of stealing a pair of leggings. He was convicted and fined
three ounces for stealing, while the prosecuting witness was also fined
one ounce for bothering the court with such a complaint. On another
occasion the defendant, on being fined, was found to be totally
insolvent. The _alcalde_ thereupon ordered the plaintiff to pay the fine
and costs for the reason that the court could not be expected to sit
without remuneration. Though this naive system worked out well enough in
the new and primitive community, nevertheless thinking men realized that
it could be for a short time only.

As long as the war with Mexico continued, naturally California was under
military Governors, but on the declaration of peace military government
automatically ceased. Unfortunately, owing to strong controversies as to
slavery or non-slavery, Congress passed no law organizing California as
a territory; and the status of the newly-acquired possession was far
from clear. The people held that, in the absence of congressional
action, they had the right to provide for their own government. On the
other hand, General Riley contended that the laws of California obtained
until supplanted by act of Congress. He was under instructions as
Governor to enforce this view, which was, indeed, sustained by judicial
precedents. But for precedents the inhabitants cared little. They
resolved to call a constitutional convention. After considerable
negotiation and thought, Governor Riley resolved to accede to the wishes
of the people. An election of delegates was called and the
constitutional convention met at Monterey, September 1, 1849.