California's First Constitutional Convention (1849 at Colton Hall in Monterey)
In 1849, as California prepared for statehood, a Convention was held at Monterey to write the Constitution for the new state. Delegates were chosen at elections around the state, and met for about six weeks starting in September 1849. A major debate at the convention was whether it was appropriate for the Constitutional Convention to prohibit slavery, or whether that was a decision that would be better left to the first legislature. In the end, the Convention voted to settle the matter immediately, with Section 18 of Article I reading "Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State."

The 1849 Constitution guaranteed the right to vote to "every white male citizen of the United States, and every white male citizen of Mexico, who shall have elected to become a citizen of the United States" and who was at least twenty-one years old. It also set San Jose as the first state capitol, and required Assemblymembers to be elected annually (State Senators were elected every two years). The Constitution established both English and Spanish as the official languages for the state and prohibited both dueling and the establishment of a state lottery. Dueling is still illegal, although the state lottery was authorized by initiative in 1984.

[elected members who failed to attend the convention]

California's Second Constitutional Convention
(1879 at the Assembly Chambers in Sacramento)
After thirty years of statehood, Californians decided that it would make more sense to author a new constitution than to continue to make changes to the 1849 Constitution. A strong effort by the Workingmen’s Party led to a Convention being called in 1878-79. The Convention was held in the Assembly Chambers at the new State Capitol in Sacramento (the building was then just ten years old).

A number of new laws were created, including several restricting the rights of Asians and establishing English as the only official state language. The 1879 Constitution is still in effect today.

NOTE: Former Governor Henry H. Haight died at the beginning of the Convention and J. West Martin was elected to fill the vacancy.
NOTE: Bernard F. Kenny died shortly before the Convention began and his brother John J. Kenny was elected to fill the vacancy.
NOTE: G. M. Hardwick died and J.M. Strong was elected to fill the vacancy. Strong died quickly after joining the Convention and William J. Howard was elected to fill the vacancy.
NOTE: Thomas C. Morris resigned on the first day of the Convention and S. B. Thompson was elected to fill his vacancy.