USA > California > History of California, Volume XXII > Part 43
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· Here the negotiations were completed and a treaty drawn up in English and Spanish before night; and next morning. January 13th, it received the signa- tures of the respective commandants, Fremont and Pico, the document with a letter to General Kearny being presently carried by Russell to Los Angeles.26
en los Verdugos. Enero 11, 1847. José Ma Flores. Sr Mor Gral D. Ands Pico,' From the pencil original, in Olvera, Doc., MS., 78.
23 .To all, etc. In consequence of propositions of peace ... being sub- mitted to me as commandant of the Cal. battalion of U. S. forces, which has (sic) so far been acceded to by me as to cause me to appoint a board of com- missioners to consult with a similar board appointed by the Californians; and it requiring a little time to close the negotiations, it is agreed upon and or- dered by me that an entire cessation of hostilities shall take place until to- morrow afternoon (Jan. 13th:), and that the said Californians be permitted to bring in their wounded to the mission of San Fernandez, where also, if they choose, they can remove their camp, to facilitate said negotiations. Given, etc., Jan. 12, 1547. J. C. Fremont, Lieut-colonel U. S. A. and Mil. Com. Cal.' In Stockton's Mil. and Nav. Op., 21. This armistice was sent to the city and was received by Kearny from Stockton in the morning of the 13th. How it was sent to Stockton does not appear. See also on these and the fol- lowing negotiations, Pico, Acont., MIS., 73-5; Los Angeles Hist., 16-17.
26 4Articles of capitulation made and entered into at the ranch of C'o- wenga this 13th day of Jan., A. D. 1847, between, etc. Art. 1. The com- missioners on the part of the Californians agree that their entire force shall, on presentation of themselves to Lieut-Col. Fremont, deliver np their ar- tillery and public arms, and they shall return peaceably to their homes, con- forming to the laws and regulations of the U. S., and not again take up arms during the war between the U. S. and Mexico, but will assist and aid in placing the country in a state of peace and tranquillity. Art. 2. The com. on the part of Lient-col. Fremont agree and bind themselves, on the fulfilment of the Ist art. by the Californians, that they shall be guaranteed protection of life and property whether on parole or otherwise Art. 3. That until a treaty of peace be made and signed between the U. S. of N. America and the republic of Mexico, no Californian or other Mexican citizen shall be bound to take the oath of allegiance. Art. 4. That any Cal. or other citizen of
405
TREATY OF CAHUENGA.
Frémont also marched for the city, which, as we have seen, he entered with his battalion on the 14th, having been rejoined by Russell on the way.
By the terms of this capitulation, the original of which is in my possession, and the somewhat clumsy translation of which has been given in a note, the Cal- ifornians were pardoned for all past hostilities, and were free to go to their homes on giving up their public arms-two cannon and six muskets as it proved-and promising not to take up arms during the war. They were guaranteed protection, with all the privileges of American citizens, without being required to take an oath of allegiance; and they were free to depart if they so desired. There were no exceptions, and even
Mex. desiring, is permitted by this capitulation to leave the country without let or hindrance. Art. 5. That in virtue of the aforesaid articles, equal rights and privileges are vouchsafed to every citizen of Cal. as are enjoyed by the citizens of the U. S. of N. America. Art. 6. All officers, citizens, foreign- ers, or others shall receive the protection guaranteed by the 2d art. Art. 7. This capitulation is intended to be no bar on effecting such arrangements as may in future be in justice required by both parties. P. B. Reading, ma- jor C'al. Battalion; Wm H. Russell, ordnance officer Cal. Bat .; Louis Mc- Lane, Jr., com. artill. Cal. Bat .; José Antonio Carrillo, com. de esquadron; Agustin Olvera, diputado. Approved, J. C. Fremont, It-col. U. S. army, and mil. com. of Cal .; Andrés Pico, com. de esquadron y en gefe de las fuerzas nacionales en Cal. Additional article: That the paroles of all of- ficers, citizens, and others of the U. S., and of naturalized citizens of Mex- ico, are by this foregoing capitulation cancelled, and every condition of said paroles from and after this date are of no further force and effect, and all pris- oners of both parties are hereby released. (Same signatures as above.) Ciu- clad de Los Angeles, Jan. 16, 1847.' Official printed copies in Stockton's Mil. and Nar. Op., 22-3; War with Mex., 63-5, printed in Spanish and English in Monterey Californian, Feb. 13, 1847. Often reprinted in English. Original 7 articles of the 13th, with autograph signature, in Carrillo (D.), Doc., MS., 113-16. This is in the handwriting of J. A. Carrillo, and the signatures to the additional article are copied by him. In Olvera, Doc., MS., 76, I have a copy from the original, including all the articles. There are copies in various collections.
Jan. 14th, Padre Ordaz, at S. Fernando, certifies that F. and party lived on the mission sheep and cattle, and carried off what horses they could find. This certificate to protect the lessee. Pico, Pap. Mis., MS., 157. Jan. 16th, Russell acknowledges receipt from Andres Pico of 2 pieces artillery with 6 charges of grape, and 6 muskets, according to the treaty. Olvera, Doc., MS., 76 7. Jan. 18th, Angeles blotter of 6 articles suggested by Carrillo and Ol- vera in accordance with art. 7 of the treaty, and said to be approved by Stock- ton; but without signatures, in Id., 79-SI. This document provided for the continuance of incumbents in office at their desire; popular elections; a recog- nition of the govt debt by the U. S .: payment of back salaries (!) ; protection of priests; and payment of damages for property destroyed by Americans! It is possible that these measures may have been favorably considered with a view to a subsequent treaty with Mexico.
406
THE CONQUEST COMPLETED.
Flores might have claimed protection. The wisdom of granting such liberal terms cannot be questioned; since a rigorous enforcement of military laws by inflict- ing due punishment on officers who had broken their paroles would have done great harm by transform- ing a large part of the native population into guerrilla bandits. That the Californians should have preferred to treat with Fremont rather than with Stockton, under the urging of Jesus Pico, is easily understood. That Fremont should have made a treaty at all, when the commander-in-chief was so near and there were no urgent reasons for haste, is more remarkable, Un- der ordinary circumstances, it might be plausibly sus- pected that he acted under secret instructions from Stockton, who desired an excuse for not carrying out his former threats; but such was probably not the fact. Frémont's motive was simply a desire to make himself prominent and to acquire popularity among the Californians, over whom he expected to rule as governor. It was better to adopt conciliatory methods late than never. True, his treaty might not be ap- proved; but even then he would appear as the natives' advocate; and it is not unlikely that he already fore- saw certain strong reasons why his acts were sure to be approved by one commander or another. Stockton was perhaps slightly offended at Fremont's assumption of responsibility, and he even pretended to disapprove the conditions of the treaty, though I have no doubt he would have granted the same conditions, especially now that Flores had escaped. At any rate, the rea- sons at which I have just hinted, and of which I shall have much to say in the next chapter, were amply sufficient to prevent any controversy between the com- modore and lieutenant-colonel. An additional article was annexed to the treaty by the commissioners and the original commandants on the 16th; and it was virtually approved by Stockton, though I find no evi- dence that he appended his signature to any copy of the document. In his report of the 15th to his gov-
407
FLORES AND CASTRO LEAVE CALIFORNIA.
ernment he wrote: "Not being able to negotiate with me, and having lost the battles of the 8th and 9th, the Californians met Colonel Fremont on the 12th instant on his way here, who, not knowing what had oc- curred, entered into the capitulation with them, which I now send to you; and although I refused to do it myself, still I have thought it best to approve it. "27 The conquest of California was completed. It only remained for the new rulers to preserve order, to regu- late details of civil and military administration, to quarrel among themselves, and to await the comple- tion of a national treaty.
As we have seen, General Flores started for Sonora in the night of January 11th, after turning over the command to Andres Pico. Both Flores and Castro believed that in view of their part in the late cam- paign their absence would aid the Californians in ob- taining favorable terms from the Americans; they had besides a degree of pride as Mexican officers that made surrender seem disagreeably humiliating; and it is doubtful if the former would have remained if he had been sure of unconditional pardon. The two leaders met and were joined by about 80 men in the San Bernardino region on the 12th or 13th; but after reflection on the hardships of the journey, for which they were but ill prepared, and on the not cheerful prospect of enforced military service in Mexico, more than half the fugitives, including Coronel and his party, wisely decided to stifle their Mexican pride and return to their homes. Some half a dozen officers and 30 privates resolved to accompany Flores and Castro, the former including Garfias, Juan and Tomás So- beranes, Francisco Limon, and perhaps Diego Sepúl-
27 Stockton to Bancroft, Jan. 15, 1847, in Stockton's Mil. and Nav. Op., 21. Kearny in his report of the 14th, Fremont's Court-martial, 80, says: 'The enemy capitulated with him yesterday near San Fernando, agreeing to lay down their arms, and we have now the prospect of having peace and quiet- ness in this country.'
408
THE CONQUEST COMPLETED.
veda and Segura.28 Most of the men were Sonorans or Mexicans, who followed their natural inclinations in quitting California; and it may be doubted that any besides the two leaders were influenced by either fear or pride.
The journey of the refugees over the desert was a tedious one, involving much suffering; and it is said that Alférez Limon died on the way. On the Gila, when for some time there had been no other food than the flesh of their horses, Flores with three offi- cers and a small guard took the best animals and pressed on in advance of the company.29 The route was through Papaguería by way of Sonoita; and from Zoni, where he arrived on February 2d, Flores sent back some provisions and horses for his companions.3) From Altar on the 5th Flores addressed to Govern- or Cuesta and Vice-governor Redondo brief reports of past occurrences in connection with the invasion by "los pérfidos Norte Americanos," and an appeal for aid. The reply from the governor at Ures contained expressions of sympathy for the exiles, and of indig- nation against "our implacable enemies," but gave no hope of material aid, though within a month or two the munificent sum of $15 was paid out of the treas- ury on this account.31 Castro soon arrived at Altar, and the two went on to Hermosillo, whence Don Manuel wrote on May 16th to Pio Pico a brief ac- count of the ills that had befallen California; and at
28 Statements of Coronel, Botello, and Larkin. Botello, the governor's secretary, says he wished to go, but was advised by Flores not to do so. He says he gave 8500 to Limon, presumably government funds. Lugo, l'ida, MS., 66-7. says he dissolved his party at Cucamonga, and was urged by F. to go with him, but declined. He also states that he was sent by Fremont in March to follow Flores' trail, picking up 60 abandoned horses.
29 Alvarado, Hist. Cal., MIS., 268-72, gives some details, apparently ob- tained from C'astro, who in his Relacion, MS., does not include a narrative of these events. Alvarado claims that Flores treacherously abandoned Castro and the company to save hinself, but I have no doubt that this is erroneous. 30 Feb. 3d, Flores to Castro from Zoni. Castro, Doc., MS., ii. 174. 'Paci- encia, amigos, y constancia, porque la república está perdida.'
31 Feb. 5th, Flores to C'nesta and Redondo; Feb. 12th, reply from Cuesta. Castro. Doc., MS., ii. 175. 181, 183; Sonorense, March 5, June 11, 1847; Fer- nandez, Doc., MIS .. IS-21; Bustamante, Nuevo Bernal Diaz, ii. 108-10; Id., Mem. Hist. Mex., MIS., vi. 167-9.
409
MEXICAN EFFORTS.
Álamos in June he issued a written appeal for con- tributions to enable him and his two companions to reach Mazatlan. The total contribution in sums from two reals to ten dollars was $59.32 It is not necessary here to follow the subsequent career of the two offi- cers. Both were somewhat prominent in annals of the Mexican north-west during the next few years, and Castro returned later to California, where he still re- sides as I write in 1884.33
In January General Bustamante, commanding the western department at Guadalajara, had received from Flores in California a report of his revolt and successes at Angeles, Chino, and San Pedro, with an appeal for aid to continue his victories over the invaders. Later Flores had sent a courier with reports of the triumphs at Natividad and San Pascual; but this man failed to reach his destination, and was found by the general on his way to Sonora. Bustamante promptly applied to the minister of war for troops to be sent to California; ordered the governor and comandante general of So- nora to sent immediate reënforcements to Flores to secure his triumph pending the arrival of the troops from Mexico; and congratulated Don José María and his patriotic associates for their brave and successful movement against the foreign invaders. It is toler- ably certain that all this would have resulted in noth- ing under any circumstances; but the governor's letter from Ures, congratulating the Californian hero, and regretting his inability to obey Bustamante's order, 34
$2 May 16th, Castro to Pico. Doc. Hist. Cal., MS., iii. 292. June 7th, Castro's original subscription paper, with 17 signers. Id., i. 504.
83 See biographical sketches of Castro and Flores. In June 1849, Flores, then sub-inspector de Colonias Militares de Occidente, proposed to go to Cal. for his family, but was not at that time permitted to do so. Doc. Hist. Cal., MS., iii. 300.
8+ Jan. 18th-19th, Bustamante to Flores and others; Feb. 4th, gov. to Flores. Castro, Doc., MS., ii. 164, 167-8, 173, 175, 182.
I make no attempt to name all the accounts of the conquest in 1846-7 that have been printed; but I have before me the following references, mostly ad- ditional to those given in other notes, some of them accurate enough, but none adding anything of value to the record that is before the reader: Arco, Iris, Aug. 1847-Jan. 1848, passim; Biglow's Mem. Fremont, 147 et seq .; Brack- ett's U. S. Cav., 64-77; Bustamante, Invasion, G5-6; county histories, see
410
THE CONQUEST COMPLETED.
was dated February 4th, the very day that Flores, no longer triumphant, made his appearance at Altar!
names of counties: Farnham's Life Cal., 419-26; Ferry, Cal., 17-43; Frost's Hist. Cal., 27-34; Id., Ilist. Mex., 435-56; Furber's 12 l'ol., 267-71; Good- rich's Hist. Amer .. 859-61; Guerra entre Mex., 353-61; Hittell's Hist. S. F .; I.l., editorials in Alta (cited by me on special points); Honolulu Friend, 1846- 7; Hughes' Doniphan's Exped., 23-42; Jay's Mer. War, 144-50; Jenkins' Hist. Mex. War, 125-35; Lancey's ('ruise, passim; Los Angeles Star, Mar. 16, 1872, and other dates; McKune, in Terr. Pion., Ist An., 40-2; Mcclellan's Golden State, 89-109; Mansfield's Mex. War; Mayer's Mex. Astec, i. 345-6; Mex. War Heroes, ii. 204-7; Niles' Register, 1846-7. See index; Oswald, Cal., 9-21; Oregon Spectator, 1846-7; Ripley's War Mer., i. 295-8; Robinson's Cal., 73-85; Ryan's Judges and ('rim., chap. xi .- xii .; S. F. Alta, Sept. 24, 1866: July 7th of dif. years, and many other dates: N. F. Bulletin, July 20, 1867, and many dates; S. F. Cal. Star, 1847-8; S. F. Post, July 21, 1877, etc .; S. F. Sun, Sept. 5, 1856; S. José Pioneer, passim; Sta Cruz Sentinel, Apr. 22, 1876; Soule's Annals S. F., 90-124; Sutter's Diary; Upham's Life Fremont, 235-51, Williams' Lecture, June 11, 1878, in S. F. papers.
CHAPTER XVI.
STOCKTON'S CONTROVERSY WITH KEARNY.
JANUARY-FEBRUARY, 1847.
POLICY OF SLOAT AND STOCKTON-A RESUME OF THE CONQUEST-KEARNY'S INSTRUCTIONS FROM WASHINGTON-LATER ORDERS-STATE OF AFFAIRS ON THE GENERAL'S ARRIVAL-DISCUSSION AT SAN DIEGO-THE CAM- PAIGN-THE COMMODORE AS COMMANDER-IN-CHIEF-AT LOS ANGELES -KEARNY AND FREMONT-THE CONTROVERSY BEGUN-THE GENERAL'S AUTHORITY NOT RECOGNIZED-HE GOES TO SAN DIEGO AND MONTEREY- ARRIVAL OF COMMODORE SHUBRICK-A POLICY OF PEACE-STOCKTON'S LAST ACTS AS GOVERNOR-GENERAL CONCLUSIONS-KEARNY IN THE RIGHT-STOCKTON IN THE WRONG FREMONT'S ACTION JUSTIFIED- RULE OF FREMONT AS GOVERNOR-LEGISLATIVE COUNCIL-PROCLAMA- TION-FINANCIAL TROUBLES.
THE war in California was at an end, and the forces of the United States were in full possession. Who was to rule the country until an international treaty should fix its destiny? So accustomed had become the inhabitants to controversies between their civil and military chiefs that they would perhaps have questioned the legitimacy of an harmonious adminis- tration. Be this as it may, the old ways were not to be abruptly and radically broken up in this respect at least under the new régime. Under existing con- ditions, there were abundant opportunities, if few reasons, for a quarrel at Los Angeles.
In July 1846 Commodore Sloat, acting under in- structions from Washington to "at once possess your- self of the port of San Francisco, and blockade or occupy such other ports as your force may permit," had not only occupied Monterey and San Francisco,
(411 )
412
STOCKTON'S CONTROVERSY WITH KEARNY.
but, relying on presumed instructions to Frémont, had also raised the flag at different points of the northern interior, proclaiming a conciliatory policy, for his in- structions also required him "to preserve if possible the most friendly relations with the inhabitants," and "encourage them to adopt a course of neutrality." His policy, when he learned that Fremont had no additional orders, was to hold the ports and await further news and instructions, having some doubts whether war had really been declared. He was not in sympathy with the American revolutionists, and was not disposed to utilize their battalion for au aggressive warfare on the Californians. But he soon retired, and was succeeded in command of the naval squadron by Stockton. The latter had no orders of later date than Sloat's, but he decided promptly to extend the occupation to the southern ports and to Los Angeles, the capital. In this respect he acted wisely, but no more can be said in his favor. In utter disregard of his government's policy, as made known to a confidential agent, and without any good reason, he adopted the aggressive policy of the Bear Flag men and filibusters, issued an offensive and warlike proclamation, and on going south practically refused to receive the voluntary submission of the Californian leaders, thus disobeying the spirit of his instructions. Yet he was in a sense successful; the south was occupied without resistance. Then the commodore, deeming the conquest complete, resolved to organize a temporary civil government and to leave Frémont in charge as governor, reporting his inten- tion at the end of August, and making Fremont mil- itary commander early in September.1
Certain dishonorable and imprudent phases of these proceedings not being fully understood, there was no reason why they should not be approved at Washing- ton. Notwithstanding the blunders and braggadocio
! For details of what is briefly referred to here see chap. x-xi. of this volume.
413
RÉSUMÉ OF THE CONQUEST.
and filibusterism of Frémont and Stockton, really the greatest obstacles to the conquest, these officers might plausibly elaim to be the conquerors. The purpose to organize a civil government, if not altogether regu- lar and commendable, was in accordance with orders then on the way to the naval commander.2 Had the conquest proved permanent and complete as reported, had Stockton organized his government as intended, making Frémont governor, and had reports of such action reached Washington before other measures had been adopted, doubtless all would have been approved and the governor's appointment confirmed. But a serious revolt occurred, which involved both in the south and north all the fighting and bloodshed that attended the war in California; and the commodore and colonel were forced to postpone all thought of civil organization and give all their energies to the military task of putting down a revolt that was largely due to their own errors. Stockton with his naval force proceeded to San Diego to renew opera- tions against Los Angeles; Frémont as military com- mandant hastily ransacked the country for recruits and supplies for his battalion, and marched south to cooperate with the commodore, after some of his men had engaged in a fight at Natividad; and garrisons of marines and volunteers were left to protect the north- ern posts, and, as it proved, to engage in some slight warlike service. Details and results have been re- corded in preceding chapters. But before the con- quest was really accomplished, and the leaders were ready to think again of civil affairs, several things had happened to affect their plans.3
2 July 12th, Sec. Bancroft to Sloat. The sending of an artillery company, and of the N. Y. volunteers soon to start, is announced; and Sloat is in- structed to extend his possession to S. Diego, and if possible to Los Angeles. 'This will bring with it the necessity of a civil administration. Such a gov- ernment should be established under your protection; and in selecting per- sons to hold office, due respect should be had to the wishes of the people of Cal.' News of Kearny's appointment and a copy of his instructions are enclosed. 'The govt relies on the land and naval forces to cooperate with each other in the most friendly and effective manner.' Doc. in Fremont's Court-martial, 59-60; Stockton's Life, 30.
3 The later theory of Stockton and Fremont, that the revolt was a mere
414
STOCKTON'S CONTROVERSY WITH KEARNY.
The administration at Washington on the outbreak of the Mexican war, taking it for granted that the naval forces would occupy the ports, but not antici- pating that they would be able to do much more, resolved to send a military force by land and sea to cooperate in the conquest or occupation. General Kearny was selected to take command, and in June was ordered-as soon as he should have completed the conquest of New Mexico-to march across the continent. His instructions were to take possession of California, to assume command not only of the troops that accompanied him, but of those to be sent after him by sea and land, and of such volunteers as might be organized among the settlers, and to estab- lish a temporary civil government.4 It was hoped, but not confidently believed, that Kearny might reach California in the winter of 1846-7.
There were as yet no definite instructions on the course to be followed if the things the general was sent to do should be done before his arrival by others, for no such emergency was foreseen; but there were later orders throwing light on the government's in- tention. In July the artillery company was despatched by sea, with orders dated in June,5 and the instruc-
local and insignificant matter, not interfering at all with the conquest previ- ously effected or the civil govi already organized, merits no consideration what- ever; but it is fair to notice that the revolt was put down mainly by their efforts, their energy deserving some commendation.
$ See chap. xiii. of this volume for details of Kearny's instructions and operations. The essential points of the former were as follows: June 3, 1846. 'It has been decided by the president to be of the greatest importance in the pending war to take the earliest possession of Upper California. An expedition with that view is hereby ordered, and you are designated to com- mand it. . . You are authorized to organize and receive into the service of the U. S. snch portion of these citizens as you may think useful to aid you to hold the possession of the country . .. It is expected that the naval forces of the U. S .. . will be in possession of all the towns on the sea-coast, and will cooperate with you in the conquest of Cal. . . Should you conquer and take pos- session of N. Mex. and Upper Cal., or considerable places in eitlier, you will establish temporary civil governments therein. . . It is foreseen that what re- lates to the civil govt will be a difficult and unpleasant part of your duty, and much must necessarily be left to your own discretion.' June 18. Au- nouncement of the proposed sending of troops by sea, artillery and N. Y. vol- unteers; 'these troops and such as may be organized in Cal. will be under your command.' Cal. and N. Mex., Mess. and Doc., 1850, p. 236, 240.
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