at that time claimed their share of territory, out of that acquired by the common labors of all sections of the Union in the war with Mexico.  Still, in California there was little feeling on the subject.  I never heard General Smith, who was a Louisianian, express any opinion about it.  Nor did Butler King, of Georgia, ever manifest any particular interest in the matter.  A committee was named to draft a constitution, which in due time was reported, with the usual clause, then known as the Wilmot Proviso, excluding slavery; and during the debate which ensued very little opposition was made to this clause, which was finally adopted by a large majority, although the convention was made up in large part of men from our Southern States.  This matter of California being a free State, afterward, in the national Congress, gave rise to angry debates, which at one time threatened civil war.  The result of the convention was the election of State officers, and of the Legislature which sat in San Jose in October and November, 1849, and which elected Fremont and Gwin as the first United States Senators in Congress from the Pacific coast.

Shortly after returning from Monterey, I was sent by General Smith up to Sacramento City to instruct Lieutenants Warner and Williamson, of the Engineers, to push their surveys of the Sierra Nevada Mountains, for the purpose of ascertaining the possibility of passing that range by a railroad, a subject that then elicited universal interest.  It was generally assumed that such a road could not be made along any of the immigrant roads then in use, and Warner’s orders were to look farther north up the Feather River, or some one of its tributaries.  Warner was engaged in this survey during the summer and fall of 1849, and had explored, to the very end of Goose Lake, the source of Feather River.  Then, leaving Williamson with the baggage and part of the men, he took about ten men and a first-rate guide, crossed the summit to the east, and had turned south, having the range of mountains on his right hand, with the intention of regaining his camp by another pass in the mountain.  The party was strung out, single file, with wide spaces between, Warner ahead.  He had just crossed a small valley and ascended one of the spurs covered with sage-brush and rocks, when a band of Indians rose up and poured in a shower of arrows.  The mule turned and ran back to the valley, where Warner fell off dead, punctured by five arrows.  The mule also died.  The guide, who was near to Warner, was mortally wounded; and one or two men had arrows in their bodies, but recovered.  The party gathered about Warner’s body, in sight of the Indians, who whooped and yelled, but did not venture away from their cover of rocks.  This party of men remained there all day without burying the bodies, and at night, by a wide circuit, passed the mountain, and reached Williamson’s camp.  The news of Warner’s death cast a gloom over all the old Californians,