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