Beyond Fort Hall, with the journey half done, came the worst perils. In the dust and heat of the Humboldt Valley, stock literally faded away, so that thousands had to turn back to refuge at Salt Lake, or were forced on foot to struggle with thirst and starvation.
The number of the overland emigrants can never be told with accuracy. Perhaps the truest estimate is that of the great California historian who counts it that, in 1849, 42,000 crossed the continent and reached the gold fields.
It was a mixed multitude that found itself in California after July, 1849, when the overland folk began to arrive. All countries and all stations in society had contributed to fill the ranks of the 100,000 or more whites who were there in the end of the year. The farmer, the amateur prospector, and the professional gambler mingled in the crowd. Loose women plied their trade without rebuke. Those who had come by sea contained an over-share of the undesirable element that proposed to live upon the recklessness and vices of the miners. The overland emigrants were largely of farmer stock; whether they had possessed frontier experience or not before the start, the 3000-mile journey toughened and seasoned all who reached California. Nearly all possessed the essential virtues of strength, boldness, and initiative.
The experience of Oregon might point to the future of California when its strenuous population arrived upon the unprepared community. The Mexican government had been ejected by war. A military government erected by the United States still held its temporary sway, but felt out of place as the controlling power over a civilian American population. The new inhabitants were much in need of law, and had the American dislike for military authority. Immediately Congress was petitioned to form a territorial government for the new El Dorado. But Congress was preoccupied with the relations of slavery and freedom in the Southwest during its session of 1848-1849. It adjourned with nothing done for California. The mining population was irritated but not deeply troubled by this neglect. It had already organized its miners' courts and begun to execute summary justice in emergencies. It was quite able and willing to act upon the suggestion of its administrative officers and erect its state government without the consent of Congress. The military governor called the popular convention; the constitution framed during September, 1849, was ratified by popular vote on November 13; a few days later Governor Riley surrendered his authority into the hands of the elected governor, Burnett, and the officials of the new state. All this was done spontaneously and easily. There was no sanction in law for California until Congress admitted it in September, 1850, receiving as one of its first senators, John C. Frémont.