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