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I invested my earnings in this survey in three lots in Sacramento City; on which I made a fair profit by a sale to one McNulty; of Mansfield; Ohio。 I only had a two months' leave of absence; during which General Smith; his staff; and a retinue of civil friends; were making a tour of the gold…mines; and hearing that he was en route back to his headquarters at Sonoma; I knocked off my work; sold my instruments; and left my wagon and mules with my cousin Charley Hoyt; who had a store in Sacramento; and was on the point of moving up to a ranch; for which he had bargained; on Bear Creek; on which was afterward established Camp 〃Far West。〃 He afterward sold the mules; wagon; etc。; for me; and on the whole I think I cleared; by those two months' work; about six thousand dollars。 I then returned to headquarters at Sonoma; in time to attend my fellow aide…de…camp Gibbs through a long and dangerous sickness; during which he was on board a store…ship; guarded by Captain George Johnson; who now resides in San Francisco。 General Smith had agreed that on the first good opportunity he would send me to the United States as a bearer of dispatches; but this he could not do until he had made the examination of Oregon; which was also in his command。 During the summer of 1849 there continued to pour into California a perfect stream of people。 Steamers came; and a line was established from San Francisco to Sacramento; of which the Senator was the pioneer; charging sixteen dollars a passage; and actually coining money。 Other boats were built; out of materials which had either come around Cape Horn or were brought from the Sandwich Islands。 Wharves were built; houses were。 springing up as if by magic; and the Bay of San Francisco presented as busy a scene of life as any part of the world。 Major Allen; of the Quartermaster's Department; who had come out as chief…quartermaster of the division; was building a large warehouse at Benicia; with a row of quarters; out of lumber at one hundred dollars per thousand feet; and the work was done by men at sixteen dollars a day。 I have seen a detailed soldier; who got only his monthly pay of eight dollars a month; and twenty cents a day for extra duty; nailing on weather…boards and shingles; alongside a citizen who was paid sixteen dollars a day。 This was a real injustice; made the soldiers discontented; and it was hardly to be wondered at that so many deserted。
While the mass of people were busy at gold and in mammoth speculations; a set of busy politicians were at work to secure the prizes of civil government。 Gwin and Fremont were there; and T。 Butler King; of Georgia; had come out from the East; scheming for office。 He staid with us at Sonoma; and was generally regarded as the Government candidate for United States Senator。 General Riley as Governor; and Captain Halleck as Secretary of State; had issued a proclamation for the election of a convention to frame a State constitution。 In due time the elections were held; and the convention was assembled at Monterey。 Dr。 Semple was elected president; and Gwin; Sutter; Halleck; Butler King; Sherwood; Gilbert; Shannon; and others; were members。 General Smith took no part in this convention; but sent me down to watch the proceedings; and report to him。 The only subject of interest was the slavery question。 There were no slaves then in California; save a few who had come out as servants; but the Southern people 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; who knew him well。 He was a careful; prudent; and honest officer; well qualified for his business; and extremely accurate in all his work。 He and I had been intimately associated during our four years together in California; and I felt his loss deeply。 The season was then too far advanced to attempt to avenge his death; and it was not until the next spring that a party was sent out to gather up and bury his scattered bones。
As winter approached; the immigrants overland came pouring into California; dusty and worn with their two thousand miles of weary travel across the plains and mountains。 Those who arrived in October and November reported thousands still behind them; with oxen perishing; and short of food。 Appeals were made for help; and General Smith resolved to attempt relief。 Major Rucker; who had