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an to hitch them in； when one of the mules turned his head； saw the wagon； and started。 We held on tight； but the beast did not stop until he had shivered the tongue…pole into a dozen fragments。 The fact was； that Seton had hitched the traces before he had put on the blind…bridle。 There was considerable swearing done； but that would not mend the pole。 There was no place nearer than Sutter's Fort to repair damages； so we were put to our wits' end。 We first sent back a mile or so； and bought a raw…hide。 Gathering up the fragments of the pole and cutting the hide into strips； we fished it in the rudest manner。 As long as the hide was green； the pole was very shaky； but gradually the sun dried the hide； tightened it； and the pole actually held for about a month。 This cost us nearly a day of delay； but； when damages were repaired； we harnessed up again； and reached the crossing of the Cosumnes； where our survey was to begin。 The expediente； or title…papers； of the ranch described it as containing nine or eleven leagues on the Cosumnes； south side； and between the San Joaquin River and Sierra Nevada Mountains。 We began at the place where the road crosses the Cosumnes； and laid down a line four miles south； perpendicular to the general direction of the stream； then； surveying up the stream； we marked each mile so as to admit of a subdivision of one mile by four。 The land was dry and very poor； with the exception of here and there some small pieces of bottom land； the great bulk of the bottom…land occurring on the north side of the stream。 We continued the survey up some twenty miles into the hills above the mill of Dailor and Sheldon。 It took about a month to make this survey； which； when finished； was duly plotted； and for it we received one…tenth of the land； or two subdivisions。 Ord and I took the land； and we paid Seton for his labor in cash。 By the sale of my share of the land； subsequently； I realized three thousand dollars。 After finishing Hartnell's survey； we crossed over to Dailor's； and did some work for him at five hundred dollars a day for the party。 Having finished our work on the Cosumnes； we proceeded to Sacramento； where Captain Sutter employed us to connect the survey of Sacramento City； made by Lieutenant Warner； and that of Sutterville； three miles below； which was then being surveyed by Lieutenant J。 W。 Davidson； of the First Dragoons。 At Sutterville； the plateau of the Sacramento approached quite near the river； and it would have made a better site for a town than the low； submerged land where the city now stands； but it seems to be a law of growth that all natural advantages are disregarded wherever once business chooses a location。 Old Sutter's embarcadero became Sacramento City； simply because it was the first point used for unloading boats for Sutter's Fort； just as the site for San Francisco was fixed by the use of Yerba Buena as the hide…landing for the Mission of 〃San Francisco de Asis。〃
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 m