Portrait of two men standing at the monument commemorating the duel between Senator David Broderick and Judge David S. Terry on September 13, 1859. The man on the left is kneeling and holding a dueling pistol, another of which is still in the case. The man on the right is leaning against the monument. Caption reads: “Supposed spot near Lake Merced where the Broderick-Terry duel was fought. The duel resulted in the death of Senator David Broderick.” (Photo courtesy of California State Library)

Pistols, Gun Duels, Affairs and Even Murder: The Colorful History of California

In honor of California's 175th birthday, we look back on its eventful early days

Back Article Sep 9, 2025 By Alex Vassar

This story is part of our September 2025 issue. To subscribe, click here.

California politics in the first years after Congress approved statehood on September 9, 1850, were ever-changing and confusing — and occasionally violent to a degree that’s hard to imagine. In fact, the single word which best describes those days would be implausible. The driving forces behind this unlikely story were the massive influx of young arrivals from the East seeking gold and glory in the foothills. There was a sudden need for laws and civil government as military authorities turned over the administration of California almost before the state government was ready.

In the first weeks of the war between the United States and Mexico, California was captured by U.S. forces, with only small skirmishes in the south continuing for another six months. The next three years saw the occupation of California by the U.S. military, with the governing of the territory led by a rapidly changing series of generals. During this time, news of the discovery of gold had reached the eastern states and young men started heading west by every route possible.

By the end of summer 1849, the continued federal occupation of California had become untenable. General Bennet C. Riley, California’s seventh military governor in less than three years, knew that the few soldiers under his control were simply not sufficient to maintain law and order. Having seen enough, Riley issued a proclamation calling for Californians to elect representatives, who would travel to Monterey to write a constitution defining the boundaries of California and creating a minimal framework for the formation of a permanent government.

(Illustration courtesy of California State Library)

The convention lasted about six weeks and adjourned in mid-October with a proposed constitution to be submitted to the voters for their approval. A month later, Californians turned out in strong support of the new constitution, with nearly 94 percent voting to approve. In spite of some hesitation from Sacramento, where most of the votes against the constitution were cast, the constitution was approved and a civilian governor and legislature elected. Seeing his duty at an end, General Riley resigned as military governor on December 20, allowing California’s first elected government to begin.

The legislature that first convened at San Jose was unlike the modern institution we know today. In 1850, the average age of California’s lawmakers was 32 – 20 years younger than the legislators of today. Like the population of the state, most had come to California within the previous few months in pursuit of riches from the soil. Only two had been born in California while it was still part of the Spanish empire, and most of the rest were recent arrivals from the East Coast. Not counting the two native Californians, the farthest west birthplaces for the first lawmakers were Assemblymen John S. Bradford and William M. Shepherd from Illinois.

Stephen J. Field in 1890, when he was a Supreme Court Justice. During his earlier career on the California Supreme Court, he had a coat made with pockets large enough to carry a pistol in each. (Public domain photo via Wikimedia Commons)

What they did have in common was that they were a wild and fascinating group. Assemblyman Stephen J. Field of Marysville, later appointed to the U.S. Supreme Court by Pres. Abraham Lincoln, provided one of our most balanced insights into those days. In the 1890s, he described his colleagues in the legislature’s second session as:

“Of the thirty-six members of which the Assembly then consisted, over two-thirds never made their appearance without having knives or pistols upon their persons, and frequently both. It was a thing of everyday occurrence for a member, when he entered the House, before taking his seat, to take off his pistols and lay them in the drawer of his desk. He did it with as little concern and as much a matter of course, as he took off his hat and hung it up.”

One notable figure was state Sen. Thomas J. Green of Sacramento, a traveler who never stayed put for long. California was his fourth legislature. Green donated some of his own books to be part of the new collection at what would grow into the California State Library and introduced a bill to establish and endow a state university. However, with California’s government facing significant financial challenges, Green’s bill was seen as a bit premature and didn’t pass. In fact, it would be another decade before the state would approve funding for a humble “normal school” for training teachers that would eventually become the California State University.

Not all the early bills were so forward thinking. Assemblyman Isaac S. K. Ogier of San Joaquin, a native of Charleston, South Carolina, introduced a bill to “prevent the immigration of free Negroes and persons of color into this state.” Ogier’s bill passed the Assembly with a strong majority but was killed the next day in the state Senate on a motion by Sen. David C. Broderick of San Francisco.

A photograph of David C. Broderick taken between 1855-1859. (Public domain via Wikimedia Commons)

Sen. Broderick was one of the stars of those early years. He was born in Washington, D.C., while his father was working as a stonecutter building the United States Capitol, and even as a young man had a commanding presence. He moved to San Francisco and, in the aftermath of a series of devastating fires, led the creation of an early firefighting company in the city. San Francisco rewarded him with election to the state Senate in 1850, and the state Senate elevated him to acting lieutenant governor in 1851.

Broderick’s star continued to rise, and he was elected to the United States Senate in 1857. Given this national platform, Broderick continued along the lines of his earlier state Senate service, becoming a vocal member of the “Free Soilers” and strongly calling for an end to slavery. Broderick’s opposition to slavery brought him into conflict with David Terry, chief justice of the California Supreme Court, and after an exchange of harsh words, the two agreed to settle their differences in a pistol duel. Broderick was fatally injured in the exchange and died three days later.

Alexander P. Crittenden, right, with his daughters Laura Crittenden Sanchez (left) and Ann Churchill Crittenden (second from right) and Laura’s husband Ramon Sanchez. (Public domain photo via Wikimedia Commons)

Another early political force who met a similar fate was Assemblyman Alexander P. Crittenden of Los Angeles. Crittenden was a prolific legislator, authoring the state’s earliest laws about district attorneys, notaries public and the regulation of interest on loans. His most significant law established much of California’s system of crimes and punishments, including defining the crimes of murder, arson, perjury and bribery.

After the alleged suicide of state Sen. William D. Fair, who had served with Crittenden in the first legislature, Crittenden began an affair with his widow Laura. After nearly a decade-long entanglement between the two, Crittenden broke off his relationship with Laura Fair in favor of a renewed relationship with his wife. It was clearly not an amicable split, because Laura would soon after murder Crittenden in front of his wife and children.

The pace didn’t slow for more than a decade, and because there were far better opportunities to earn a living elsewhere, almost no legislators served more than a single term. By the end of the State of California’s first decade, more than 700 people had served in the legislature, approximately the same number that we’ve seen in the past 50.

It would be entirely reasonable to imagine that this sounds like an overly imaginative plot for a daytime drama. Indeed, to use a modern phrase, it would be entirely accurate to say that California politics “jumped the shark” during its first season and never looked back. We still do only rarely.

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