The 1849 California Constitution provided for a Supreme Court to consist of a Chief Justice and two Associate Justices, any two of whom would constitute a quorum. (Constitution of 1849, Art. VI, Sec. 2.) The justices were to be elected at a general election for six year terms beginning January 1, 1850, provided, that the legislature shall, at its first meeting, elect a Chief Justice and two Associate Justices... by joint vote of both houses. (Art. VI, Sec. 3.) In accordance with this provision the legislature on December 22, 1850, elected S. C. Hastings as Chief Justice and Henry A. Lyons and Nathaniel Bennett as Associate Justices.

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