USA > California > History of California, Volume XXII > Part 44
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5 June 20th, Scott to Capt. Tompkins. He is not to be 'under the orders
415
INSTRUCTIONS FROM WASHINGTON.
tions already cited were sent to the naval commander, alluding to the possibility of having to establish a civil government before Kearny's arrival, but not im- plying that this was to affect the general's authority.6 And in September instructions to Colonel Stevenson, given after the reception of unofficial reports that Monterey had been occupied, were based on the idea that the New York volunteers would arrive before Kearny, that the latter would come later to take command, and that probably before his arrival not much would be accomplished in the interior."
strictly speaking of any naval officer,' but is to cooperate with the naval forces in the occupation of Cal. ports. 'You may find on the north-west coast an army officer with higher rank than your own, when of course you will report to him, and if ashore, come under his command. Cutts' Conq., 251.
6 See p. 413 for instructions of July 12th. If Kearny's instructions, en- closed with these, were to be disregarded, surely an order to that effect would have been given in clear language. In the instructions of Aug. 13th, 17th, to the naval commander, Sec. Bancroft says: 'A military force has been directed to proceed to Cal. for the purpose of cooperation with the navy' in taking and holding S. F., Monterey, S. Diego, and if possible 'San Pueblo de los Angeles.' 'A detachment. . . has sailed in the Lexington. A regiment ... will soon sail from N. Y., and a body of troops under Brig .- gen. Kearny may reach the coast over Sta Fé. Copies of so much of the instructions to Tompkins and Kearny as relates to objects requiring cooperation are here- with enclosed. The president expects and requires the most cordial and effectual cooperation between the officers of the two services, ... and will hold any commander of either branch to a strict responsibility for any fail- ure to preserve harmony and secure the objects proposed.' Cutts' Conq., 107, 256.
îSept. 11th, sec. war to Stevenson. 'Instructions have been given to the naval commander, .. . and you are directed to cooperate with him in car- rying out his plans. The regiment under your command, as well as the com- pany of Capt. Tompkins, is a part of Gen. Kearny's command; but it may be that he will not be in a situation to reach you, by his orders, immediately on your debarkation. Until that is the case, yours will be an independent command, except when engaged in joint operations with the naval force. It is not expected that you will be able to advance far into the country .. . In the event of hostile resistance, your operations must be governed by circum- stances, and you must use the means at your command to accomplish the object in view-the military occupation of the country. It is not, however, expected that much can be done, if preparations shall have been made to re- sist, until the forces under Gen. Kearny shall have entered the country .... Where a place is takeu by the joint action of the naval and land force, the naval officer in command, if superior in rank to yourself, will be entitled to make arrangements for the civil govt of it while it is held by the coopera- tion of both branches. All your powers in this respect will of course be devolved on Gen. Kearny, whenever he shall arrive." Cutts' Conq., 249-50. dept. 12th, sec. war to Kearny, enclosing the instructions to Stevenson. ' This force is to be part of your command; but as it may reach the place of its destination before you are in a condition to subject it to your orders, the colonel ... has been furnished with instructions for his conduct in the mean time.' Cal. and N. Mex., Mess, and Doc., 1850, p. 241.
410
STOCKTON'S CONTROVERSY WITH KEARNY.
The next orders, in November-issued after news had come of Sloat's operations, of Stockton's acces- sion to the naval command, and of his acceptance of Frémont's battalion of volunteers, but before the re- ception of the commodore's plans for civil government -were positive to the effect that Kearny on his arrival, and the ranking military officer before, was to be recognized as civil governor; and these orders were sent by Colonel Mason, who was to command atter Kearny's departure.8
Thus we see that Kearny by the original orders of June 1846 was required to conquer California in co- operation with the naval forces, to command all troops and to direct all land operations in the province, and to establish a temporary civil government, being gover- nor by virtue of his military command. The later orders cited, though not received till after the contro- versy began, confirm the apparent meaning of the first, and show that Kearny did not misinterpret them. They show that the administration anticipated the possibility-though not a probability-of the conquest being extended to the capital, and of a civil government being organized by the naval forces un- der Stockton, the regulars under Tompkins, and vol- unteers under Frémont and Stevenson, before Kearny's arrival and assumption of the command. They do not show that the general's authority was to be af-
8 Nov. 3, 1846, Gen. Scott to Kearny. 'It is desirable that the volunteers' (Frémont's men), 'if not originally mustered, should be caused by you to be regularly mustered into service retrospectively under the volunteer act of May 13th.' The appointment of collectors, etc., 'appertains to the eivil gov- ernor of the province, who will be, for the time, senior officer of the land forces in the country.' 'As a guide to the civil governor of Cal., in our hands, see the letter of June 3d last.' 'After occupying with our forces all necessary points in Upper Cal., and establishing a temporary eivil govt therein, as well as assuring yourself of its internal tranquillity, ... you may charge Col Mason, . .. or the land officer next in rank to your own, with your several duties, and return yourself' to St Louis, Fremont's Court-martial, 48- 50. Nov. 5th, sec. navy to Stockton. 'The president has deemed it best for the public interests to invest the military officer commanding with the direc- tion of the operations on land, and with the administrative functions of govt over the people and territory occupied by us. You will relinquish to Col Mason or to Gen. Kearny, if the latter shall arrive before you have done so, the entire control over these matters.' Id., 51-2.
417
KEARNY'S ARRIVAL AND MISSION.
fected by such events; nor do they indicate that un- der any circumstances the position of civil governor could be held by any other than the ranking military officer. Kearny, as we have seen,9 started from Santa Fé in September, earlier than had been expected, with three hundred dragoons. Presently he met Carson, Stockton's messenger, with despatches for Washing- ton, and news that California had been conquered and a civil government organized by Stockton and Fré- mont. Nothing indicates that he questioned the ac- curacy of the report; neither did he find in it any- thing to modify his instructions or duties. He sent back two thirds of his dragoons, believing that the other troops provided for would suffice for holding the country, and continued his march across the con- tinent. Had he on arrival found Carson's report strictly true, all being tranquil, and civil affairs being quietly administered by the commodore or lieutenant- colonel, he would have been entitled, beyond question I think, to assume the military command, and with it the governorship.
But, as the reader knows, he found no such state of things. He learned that Stockton had not organ- ized but only planned a civil government, and that the conquest was yet to be effected before the plans could be carried out. The necessity for military ser- vice, instead of having disappeared, was much more urgent than had ever been anticipated at Washing- ton. But Kearny, after the disaster of San Pascual -- which reflected no credit on his ability as an officer -entered San Diego under peculiar circumstances, wounded like many of his men, deprived of his best officers who had been killed, his whole command per- haps saved from destruction by the commodore's aid. The delicacy of his position, courtesy due to the naval commander, and the fact that Stockton was actively engaged in organizing an expedition against the enemy prompted the general not only to abstain from de-
9 See chap. xiii. of this volume. HIST. CAL., VOL. V. 27
418
STOCKTON'S CONTROVERSY WITH KEARNY
manding the chief command, but to decline it when proffered by Stockton.1)
The two officers, however, had some correspond- ence, conversation, and even argument respecting their claims to the ultimate command. Kearny showed his instructions, expressed his opinion that under them he was entitled to the governorship, and prob- ably announced his intention to assume that position later. Stockton, on the other hand, showed copies of his earlier reports explaining his plans for a civil gov- ernment, and made an argument in support of his theory that the general's contingent instructions had been superseded by events, since he and Frémont had already done the things that Kearny was ordered to do.11
10 So Stockton states, offering a certificate of two of his aids who were pres- sent as witnesses. The point was not touched in Kearny's testimony in the court-martial, hut there is no contradictory evidence. Stockton says: 'After Gen. Kearny arrived, and in my quarters and in presence of two of my mili- tary family, I offered to make him commander-in-chief over all of us, and I offered to go as his aid-de-camp. He said no; that the force was mine, and that he would go as my aid-de-camp, or accompany me. A few days after this, and when Gen. K. had removed to other quarters, I made a formal call upon him ;.. . during that interview I made the same offer to him, pretty much in the same language, and received pretty much the same answer. My mo- tives for making this offer were two: the first was his high character as a sol- dier; the second was, I desired he should know that I was disposed, on his first arrival, to give all power into his hands, without making a question of rank at all.' Fremont's Court-martial, 189; and to same effect in Stockton's Report, Feb. 13, 1847, with more explanations that the offer was made, 'al- though it was my decided cpinion. . . that I was entitled to retain the posi- tion iu which I was placed of commander-in-chief.'
11 Kearny's testimony: 'In that conversation'-that of Dec. 28th, and the only one held on the subject as he states-'I told Com. S. that he had seen. . . the instructions of the president to me relating to Cal .; that I had come to Cal. with but a small military force; that deference and respect for his situa- tion, he being then in command of the Pacific squadron and having a large force of sailors and marines, prevented me, at that time, from relieving him and taking charge of the civil govt; that as soon as my command was increaseil I would take charge of affairs in Cal. agreeably to my instructions. Com. S. said in reply that he had in Aug. reported the state of affairs in Cal. to Wash- ington, and that he could not permit himself to be interfered with until lie received an answer to that report.' Fremont's Court-martial, 79, 81-3. Stock- ton's testimony: 'About the time when Gen. K. was leaving my quarters, he landed me his instructions, and when I read them, I was simple enough to believe that he had handed them to me that I might be gratified by seeing low fully aud thoroughly I had anticipated the wishes of the govt. (!) When I returned the papers with a note of thanks. . . I sent him copies of some of my own despatches to the govt, that he as a friend might participate in the pleasure I felt. . . After this at S. Diego the general in a conversation with me introduced the subject of the governorship, and intimated that he thought
419
DISCUSSION AT SAN DIEGO.
Doubtless the commodore regarded Kearny's non- acceptance of the immediate command as indicating a probable yielding at the last. There would be time enough, however, to settle these matters after the taking of Los Angeles; and at San Diego there was no interruption of friendly relations. It would seem, however, that the general took at least one slight step to strengthen himself in a foreseen controversy;12 thus indicating, as also by certain later acts, that he did not fully appreciate the strength of his position. It had been understood that Kearny after declining the chief command would serve in the campaign as Stock- ton's aid; but just before marching from San Diego a new arrangement was made at the general's re- quest. All agree that Kearny accepted and exercised throughout the expedition the immediate command of the troops, and that Stockton reserved for himself, as publicly announced to the officers, the position of commander-in-chief and acting governor of California, his temporary authority as such being fully recognized by the general. Yet a little later there was much dispute about the relative positions of the two offi-
he ought to be governor under his instructions. This of course amazed me, because I had more than once voluntarily offered to place him at the head of affairs in Cal., which offer he had as often refused. We argued the matter, however, he relying upon his instructions.' Stockton in Id., 190, and to same effect elsewhere. Dec. 16th. Stockton to Kearny, returning with thanks despatches and sending copies of his own letters, etc., 'that you may see how far the wishes of the govt have been anticipated.' Stockton's Mil. and Nav. Op., 28.
12 It is difficult to attach any other meaning to K.'s letter of Dec. 22d, ad- vising S. to march as soon as possible on Los Angeles to form a junction with Frémont's force, and adding, 'I shall be happy, in such an expedition, to ac- company and to give you any aid either of head or hand of which I may be capable.' Frémont's Court-martial, 47. Next day Stockton replied in a note explaining that his purpose to march on Angeles at the earliest possible mo- ment had been made known to K. in conversation the morning before, and implying some surprise that K.'s advice had been deemed necessary. Id., 111. K. in his reply of the same date, alluding to the conversation, says, 'If I had so understood you, I certainly would not have written my letter to you of last evening.' Id., 112. It is possible that K. really misunderstood S. 's plans, but it seems unlikely; especially as in his report of Jan. 17, 1847, he says, 'The march of the troops from S. Diego to this place was reluctantly consented to by Com. Stockton on my urgent advice,' Id., 95; and in his later testimony that the expedition to Angeles ' was organized in consequence, as I believe, of a paper which I addressed to Com. S."-the one cited above. Id .. 47.
420
STOCKTON'S CONTROVERSY WITH KEARNY.
cers, Kearny denying that he had been in any sense under the commodore's orders. The evidence leaves no possible doubt, I think, that in this dispute Stock- ton was right and Kearny wrong, that the former did act as commander-in-chief of the forces, issuing in that capacity many routine orders, which were obeyed, some of them against the general's commands. So clearly is this established that I do not deem it neees- sary to present in detail the bulky testimony, es- pecially as the matter had no such importance in the general controversy as was imputed to it then and later. 13 Kearny had a right by his instructions and
13 Kearny admits that he recognized S. as acting governor, and even as commander-in-chief 'of California,' that is, of all forces except those at S. Diego, but claims that he retained no authority over K. or the troops over which K. was put in immediate command, and that his so-called 'orders' were regarded as mere 'suggestions.' In other words, K. elaims to have as- sumed the military command in accordance with his rank and instructions as far as was possible at S. Diego before absent portions.of the forces should re- port to him, or should be formally turned over by Stockton. The distinction is, however, a very fine one, hardly satisfactory to the mind not imbued with military technicalities; and as I have said, the testimony that Stockton acted practically as commander-in-chief is overwhelming.
Stockton's testimony iu Frémont's Court-martial, 191-4, 199, 201, and to same effect in other reports. 'I did not send my aid to Gen. K. to say to him that I ordered him to do this and that; but I sent all my messages to him in the most respectful and considerate manner. . . Most of the execution of details was confided to Gen. K. as second in command.' Testimony of Lieut Gray, as S.'s aid, in Id., 210-11; Lieut Minor, Id., 241-2. Certificate of Mosely and Speiden of the navy to K. 's original offer to go as S.'s aid. Id., 430. Russell's testimony on K.'s later admission that he had served under K. Id., 262. Kearny's testimony in Id., 47, 61, 70, 116-17, 322-5. He re- represents S. as saying at S. Diego, 'Gentlemen, Gen. K. has kindly con- sented to take com. of the troops on this exped. You will therefore look upon him as your commander. I shall go along as gov. and com .- in-chief in Cal.' 'I exercised no com. over Com. S., nor did he exercise any over me.' 'He was considered by me as com. - in-chief in Cal. until he had on Dec. 29th turned over a portion of that com. to me.' 'During the march many mes- sages were brought to me from Com. S .; these I looked upon as suggestions and as expressions of his orders.' Lieut Emory, Id., 161-3, 171-2, testifies that K. was iu command, but that 'my information is confined very much to the immediate com. of the troops.' 'Com. S. claimed to be gov. and com. - in-chief .. . On the march Com. S., I understood, did several acts iu that ca- pacity.' He mentions also an instance where he obeyed S.'s order on the location of a camp. In Id., 70, is Emory's report of casualties, dated Jau. lìth, and addressed to 'His Excell. R. F. Sockton, Gov. of Cal., etc .; ' and in Id., 108-9, K.'s advice and offer to march with part of the troops, addressed to .Com. R. F. Stockton, Gov. of Cal., com'd'g U. S. forces.' John Bidwell, Cal. 1841-8, MS., 204-7, says: 'I as quartermaster received orders from both, and obeyed both so far as I could. S. was determined to command. A con- flict was growing between the two. Sometimes I thought I could see K. bite his lips with rage.' Testimony of John Forster, Pioneer Data, MS., 45, and of B. D. Wilson, Observ., MS., 105-9, that S. was in command. See also
421
ON THE MARCH TO LOS ANGELES.
by his rank of brigadier-general-Stockton's assimi- lated rank being that of colonel-to assume when- ever he thought best the military command, involving the civil governorship. He deferred the act, as he had also a right to do. His subsequent efforts to ig- nore Stockton's real position in the campaign must be attributed to a wish to strengthen himself for a com- ing controversy, and later to the spirit aroused by that controversy.
During the campaign, as at San Diego, there was no interruption of friendly relations, apparently at least; and the same state of things continued for about a week at Los Angeles, though Bidwell and a few others thought that the general was angry at Stock- ton's attitude on the march, and Emory testified that Kearny forbade the reading of the commodore's con- gratulatory order to the troops. Meanwhile, how- ever, it is not unlikely that divers petty occurrences, not recorded, furnished fuel for the coming fire; at any rate, it became more and more evident to Kearny that Stockton did not intend voluntarily to surrender the command. He also began to foresee that the at- titude of Frémont and his battalion of volunteers would be a factor in the problem. He had deter- mined to assert his authority as soon as his force should be increased, and the nearest source of such in- crease was the battalion. He did not yet claim au-
narrative of the campaign in chap. xv. of this volume. In the Monterey Californian, Jan. 28, Feb. 13, 1847; S. F. Californian, June 26, July 17, 1847; reprinted as an appendix to Benton's speech of July 1848 in the Cong. Globe; and also as appen. D of Stockton's Life, 43-8-is a mass of correspond- ence on this subject. It contains not only Stockton's statement, but cer- tificates from some 15 naval officers affirming most positively that S. held the chief command, and that K., commanding the troops by S.'s appoint- ment, was considered by all the officers as second in command. I have no space for the bulky details.
In his report to the govt of Jan. 12th, Kearny wrote: 'At the request of Com. S., who in Sept. last assumed the title of Gov. of Cal., I consented to take com. of an exped. to this place ... Com. S. accompanied us,' etc. Then follows an account of the battle, etc. U. S. Govt Doc., 30th cony. Ist sess., Sen. Ex. Doc., 1, p. 516-17. Stockton, in his report of Jan. 11th, rep- resented himself as having been 'aided by Gen. Kearny.' Stockton's Life, appen. S. In his four notes to Fremont, dated Jau. 10th, 12th, 13th, Court- martial, 73-4, Kearny did not name Stockton at all, and in one of them he said, 'I am here in possession of this place.'
STOCKTON'S CONTROVERSY WITH KEARNY.
thority over the volunteers; to assume it by a general order, and require compliance from Stockton and Fre- mont, would be to precipitate the controversy; and he chose rather to gain his end by more indirect methods. His notes to Fremont, and his proposition to join him, on January 10th-13th, were due in part to the motive alleged, anxiety for the safety of his force; but also, and chiefly, to a desire for friendly relations with Fremont, and to the hope of obtaining from that officer at least a technical 'report' to him- self as commander. In this last respect his crafty plan was successful, for on the evening of the 13th, Major Russell arrived from the battalion's eamp with the required report. 14
Russell had been sent by Fremont to deliver the letter, to learn who was in actual command, and to report to that officer the capitulation of Cahuenga. Having called on Kearny and learned that he recog- nized Stockton as commander-in-chief, the major pro- ceeded to report the treaty to the commodore. That evening he had at least two interviews with each of the chiefs, and finally passed the night with Kearny and Turner at their quarters, engaging in long con- versations on current events. As to the general pur- port of results, there is no essential discrepancy in testimony. Russell learned that Kearny, while yet recognizing Stockton as commander-in-chief, claimed
14 'On the march, Jau. 13, 1847. Dear Sir: I have the honor to report to you my arrival at this place, with 400 mounted riflemen and six pieces of ar- tillery, including among the latter two pieces lately in the possession of the Californians. Their entire force, under the command of D. Andrés Pico, have this day laid down their arms and surrendered to my command. Very re- spectfully, your obedient servant, J. C. Fremout, Lt-col. U. S. A., and mili- tary commandant of the territory of Cal. Brig. - gen. S. W. Kearny, com- manding U. S. forces, Puebla de los Angeles.' In Fremont's Court-martial, 37, and elsewhere. It was later claimed by Frémont and his friends that this letter-drawn out by friendly notes addressed to 'Dear F.,' etc., and asking for information as to his whereabouts-did not constitute a 'report' of his command to Gen. K. in a military seuse; but a military court decided otherwise. Another point made by the same party with some force was, that in the immediate controversy at Los Angeles, K. did not urge this report as the foundation for his authority over the battalion, but reserved it as the foundation of later charges. This document was really the basis of the ver- dict in one of the two principal phases of the court-martial.
423
FREMONT AND THE BATTALION
the right, under his instructions, to assume the com- mand and organize the civil government; that he was friendly to Frémont and disposed to encourage his hopes for the governorship; and that he fully approved the treaty of Cahuenga. He also learned that Stock- ton still maintained his authority to hold the civil and military command as unimpaired by Kearny's arrival and instructions; that he disapproved the capitulation; but that he changed his mind in this latter respect after listening to arguments.15 There is no doubt that both the general's and commodore's approval of Frémont's recent acts was founded mainly on their own immediate interests, as the making of the treaty had been an irregular proceeding.
Russell left town in the morning of the 14th, met Frémont five or six miles out, and reported the state of affairs at the capital. This report was to the effect that the lieutenant-colonel would have to choose between the general and commodore, since each claimed a right to organize a civil government, either would probably make Frémont governor, and both approved the treaty of Cahuenga. A controversy was clearly foreseen; Russell believed that Kearny was more friendly than Stockton; and Frémont appar- ently agreed with him. There was, however, as yet
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