Interim government of California

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The interim government of California lasted from soon after the Mexican–American War began in mid-1846 until California became a U.S. state on September 9, 1850. It went through three phases.

Phase 1: Military rule (1846–1847)
California was governed by military authorities rather than a civilian government. There were several military governors during this time, including Stephen W. Kearny, Commodore Robert Stockton, Captain John C. Frémont, and others who led the territory until 1849. Local government in most towns kept the old Mexican system in place: alcaldes (mayors with judicial and administrative duties), an ayuntamiento (an elected advisory body), a juez de pais (justice of the peace), and a juez de campo (judge of the countryside). In larger settlements, the military commander sometimes appointed a prefecto to supervise local affairs.

Key actions during this phase:
- Stockton tried to set up a civilian legislative council, but the plan was dropped after he left, and the council never met.
- Kearny proclaimed that military law would prevail and that the commander in chief would run civil affairs, while still letting local officials handle daily matters under the old system.
- Frémont’s brief appointment as governor led to conflicts with Kearny, ending with Frémont being court-martialed and then discharged (later commuted by President Polk).
- Kearny appointed Indian sub-agents and brought in reinforcements, strengthening U.S. control.

Phase 2: Transition and early civilian governance (1847–1849)
As U.S. control solidified, the military government began making room for civilian administration. In 1847–1848, Lt. Col. Henry W. Halleck and Lt. William T. Sherman helped organize legal and administrative work, while Mason and then Riley took over as military governors. The Treaty of Guadalupe Hidalgo in February 1848 ended the war and added California to the United States. California’s laws still included many local Mexican rules, but national laws and tariffs from the United States extended into California, and the number of regular troops decreased.

The Gold Rush began in 1848, bringing a rapid population increase and new challenges for order and governance. By 1849, San Francisco and other settlements faced competing claims of legitimacy, and civil authority needed to grow.

Phase 3: A civilian government and statehood (1849–1850)
In 1849, California moved toward a constitutional government. Governor Bennett Riley and others helped lay the groundwork for a state government. Riley issued a proclamation calling for a Constitutional Convention. Delegates were elected on August 1, the convention met in Monterey on September 3, and elections on November 13 approved a new constitution, a civilian executive, and a bicameral legislature. Riley then ceded power to the new civilian leadership, and Peter H. Burnett became the first elected governor on December 20, 1849.

Although the new state government was in place, California was not yet a state. For several months it operated as a quasi-state, using a state constitution and elected officials while Congress had not yet formally recognized statehood.

Statehood: California joins the Union
In 1850, Congress approved California’s statehood as part of the Compromise of 1850. President Millard Fillmore signed the bill, making California the 31st state on September 9, 1850. The interim era ended, and California began its life as a full state within the United States.