John Ross Browne (1817-1875) of Kentucky, the official reporter for the California State Constitutional Convention of September-October 1849, came to California in 1849 as an employee of the government revenue service. He traveled widely in the next two decades before settling down in Oakland. Report of the debates of the Convention of California (1850) comprises the official records of the convention. Browne had been a shorthand reporter for the U.S. Senate before coming west, and he provides transcripts of the proclamation calling the convention, proceedings of the convention, text of the state constitution adopted by the delegates, and official correspondence regarding the convention and the institution of state government under that constitution.

A highly engaging account of the developments not only legal, but also socioeconomic, political, and cultural that gave rise to Americans distinctively lawyer-driven legal culture When Americans imagine their legal system, it is the adversarial trial dominated by dueling larger-than-life lawyers undertaking grand public performances that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and sources and by recovering neglected influences (including from Europe) the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity.

State constitutions are blueprints for government institutions, declarations of collective identity, statements of principle, values, and goals. It naturally follows, and this book demonstrates, that the founding documents and the conventions that produced them reflect the emerging dynamics of American democracy in the nineteenth century. Nowhere is this more clear, Amy Bridges tells us in Democratic Beginnings, than in the American West. A close study of the constitutional conventions that founded eleven Western states, and of the constitutions they wrote, Democratic Beginnings traces the arc of Western development. Spanning the sixty years from California's constitution of 1850 to those of Arizona and New Mexico in 1910—and including Colorado, Idaho, Montana, Nevada, and Wyoming—Bridges shows how delegates to these states' constitutional conventions, pragmatically and creatively devised law and policy for the unprecedented challenges they faced. Far from the "island communities" of conventional 19th-century American history, these delegates, and the territories they represented, were thoroughly engaged in the central issues of their times, at the local, regional, and national levels--mining and agriculture, labor law and corporate responsibilities, water rights and government obligations, education and judicial practice. Theirs was not the Founders' constitutional convention. With very different tasks, delegates more representative of the population, and the experience of living in a democratic republic that their forebears lacked, the Western delegates found unparalleled opportunities at the conventions for popular input into law and public policy. What they did with these opportunities, and how these in turn shaped the emerging American West, is the story Democratic Beginnings tells.

Reprint of the original, first published in 1872.