USA > California > History of California, Volume XXII > Part 45
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13 Testimony of Russell and Kearny in Fremont's Court-martial, 87-8, 243-5, 251-2, 262-5, 268, 321-4, 392. They agree on the points mentioned in my text. Russell states, however, that K. relied exclusively on his instruc- tions and admitted-against R.'s opinion-that Stockton outranked him. This is denied by K., and is very improbable. R. also says that Stockton claimed to be acting under written instructions not shown, which is not supported by any other evidence. And finally, Russell makes K.'s encouragement of F.'s hopes for the governorship amount almost to a promise, at least to a state ment that he intended soon to leave Cal., and proposed, if his authority was recognized, to make F. governor; but Kearny denies that he made any prom ise, announced any intention, or offered any other encouragement to F. than to speak of him in favorable terms. It is to be noted that in their testimony R. would naturally-and probably did-exaggerate and K. underrate the eu- couragement to F.'s hopes; that F. was at the time the ranking army officer in Cal. next to K., and would naturally be left in command on the latter's de- parture, though Lieut-col Cooke was expected soon to arrive; and that Fre- mont in his defence, p. 392, notes, as a very strong indication against K.'s testimony and in support of R., the fact that Capt. Turner, a witness for the prosecution, was not questioned about the conversation between R. and K., most of which was in his presence.
424
STOCKTON'S CONTROVERSY WITH KEARNY.
no call for a decision; the battalion marched into the city early on the 14th; and Fremont called on both chiefs, first on the commodore, no particulars being known about either interview. Indeed, so far as the controversy is concerned, no developments of this day or the next are recorded. Kearny reported to the government Frémont's arrival and capitulation, and alluding to the troops en route by land and sea, said : "On their arrival I will, agreeably to the instructions of the president, have the management of things in this country,"16 thus perhaps implying a doubt whether he would be able to obtain control before the coming of reenforcements. And Stockton, reporting the same matters, said: "The civil government formed by me is again in operation in the places where it was inter- rupted by the insurgents .. . I will immediately with- draw my sailors and marines, and sail for the coast of Mexico;"17 thus taking it for granted that there was to be no opposition to his authority. Yet while there is no definite record of what was being said and done in the matter, it was well known to Kearny and to many others at Los Angeles that Stockton intended to ignore the general's authority. Indeed, he had on the 14th tendered to Fremont and Russell their com- missions as governor and secretary of state.
On the 16th, therefore, Kearny ordered Stockton either to show his authority from the government or to take no further action in relation to a civil organi- zation. 19 The commodore in his reply of the same
16 Jan. 14, 1847, K. to adj .- gen., in Frémont's Court-martial, 80.
17 Jan. 15th, S, to Sec. Bancroft, in Stockton's Life, appen. 9-10. This was seut by Lient Gray, who left Los Angeles for the east on the 16th. Griffin's Diary, MS.
18 Jan. 16, 1847, Kearny to Stockton. 'Sir: I am informed that you are now engaged in organizing a civil govt, and appointing officers for it in this territory. As this duty has been specially assigned to myself by orders of the president, . .. in letters to me from the sec. war, of June 3 and 18, 1846, the originals of which I gave you on the 12th, and which you returned to me on the 13th'-there seems to be no other record of this corresp .- 'and copies of which I furnished you with the 26th of Dec., I have to ask if you have uny authority from the president, from the sec. navy, or from any other chan- nel of the president's, to form such a govt and make such appointments ? If you have such authority and will show it to me, or will furnish me with
425
GENERAL AND COMMODORE.
day declined to obey the general's order, on the ground that the conquest had been completed and the civil government put in operation before his arrival. He also suspended Kearny from the command of the troops conferred on him at San Diego, as he had a right to do so far as the sailors and marines were con- cerned.19
Thus in clear terms the general asserted his author- ity, which Stockton refused to recognize, and to en- force which the former's force was less than a hundred dragoons. The only source of possible increase at the time was the battalion; therefore Kearny sent to Frémont, through Emory, a test order to make no changes in the organization of the battalion.2º This order was delivered in the evening, and later Fre- mont called upon Stockton at the latter's request to receive his commission as governor, seeing at that
certified copies of it, I will cheerfully acquiesce in what you are doing. If you have not such authority, I then demand that you cease all further pro- ceedings relating to the formation of a civil govt for this territory, as I can- not recognize in you any right in assuming to perform duties confided to me by the president. Yours resp., S. W. Kearny, Brig .- gen. U. S. A. Com. R. F. Stockton, U. S. N., acting gov.' In Fremont's Court-martial, 90, and often repeated elsewhere.
19 Jan. 16, 1847, Stockton to Kearny, in Id., 118. 'Sir: in answer to your note received this afternoon, I need say but little more than that which I communicated to you in a conversation at S. Diego: that Cal. was con- quered and a govt put into successful operation; that a copy of the laws made for me for the govt of the territory, and the names of the officers selected to see them faithfully executed, were transmitted to the pres. of the U. S. be- fore your arrival in the territory. I will only add that I cannot do anything, nor desist from doing anything, or alter anything on your demand; which I will submit to the president and ask for your recall. In the mean time you will consider yourself suspended from the command of the U. S. forces in this place. Faithfully, your obed. serv., R. F. Stockton, com .- in-chief. To Brevet Brig .- gen. S. W. Kearny.'
20 ' Headquarters army of the west, ciudad de Los Angeles, Jan. 16, 1847. By direction of Brig .- gen. Kearny I send you a copy of a communication to him from the sec. of war, dated June 18, 1846, in which is the following: "These troops and such as may be organized in Cal. will be under your com- mand." The general directs that no change will be made in the organization of your battalion, or officers appointed in it, without his sanction or approval being first obtained. Very resp., W. H. Emory, Lieut and A. A. A. Gen. To Lieut-col J. C. Fremont, mounted riflemen, commanding battalion Cal. volunteers.' Court-martial, 5. Seealso Id., 78, 118, 163, 194, 395, 399, 401. The particular change anticipated was the appointment of Gillespie to command the battalion in Frémont's place. Kearny says the order to F. was written --- but perhaps not delivered-before he received S.'s letter, and even before he wrote to S.
426
STOCKTON'S CONTROVERSY WITH KEARNY.
interview the communications that had passed be- tween the general and commodore, and showing the latter Kearny's order to himself.21 Next morning, the 17th, Fremont wrote a reply, in which he declined to obey the general's order, on the ground that he had received his appointment from Stockton, and on ar- rival at Los Angeles had found that officer still rec- ognized as commander. "I feel myself, therefore, with great deference to your professional and personal character, constrained to say that until you and Com- modore Stockton adjust between yourselves the ques- tion of rank, where I respectfully think the difficulty belongs, I shall have to report and receive orders as heretofore from the commodore."22
Leaving this reply to be copied by the clerk, Fré- mont, in response to a note-"Dear Colonel: I wish to see you on business"-called at Kearny's quarters. During the interview the reply was brought in, and after being signed was given to the general, who earnestly advised the lieutenant-colonel, as a friend and senior officer, to take back and destroy the paper, offering to forget its contents. But Frémont declined to reconsider his refusal to obey, even when Kearny implied a willingness a make him governor in four or six weeks, on his own departure. There is some con- tradiction, more apparent than real, and resulting from the exaggerations of controversial prejudice, respect-
21 Stockton's testimony. Frémont's Court-martial, 196-7. F.'s com. as governor. Id., 175-6. Other commissions by S. bore the same date.
22 Jan. 17, 1847, Fremont to Kearny. 'Sir: I have the honor to be in re- ceipt of your favor of last night, in which I am directed to suspend the exe- cution of orders which, in my capacity of mil. com. of this territory, I had received from Com. Stockton, gov. and com .- in-chief in Cal. I avail myself of an early hour this morning to make such a reply as the brief time allowed for reflectiou will enable me. I found Com. S. in possession of the country, exercising the functions of mil. com. and civil gov., as early as July of last year; and shortly thereafter I received from him the commission of mil. com., the duties of which I immediately entered upon, and have continued to ex- ercise to the present moment. I found, also, on my arrival at this place some three or four days since, Com. S. still exercising the functions of civil and military gov., with the same apparent deference to his rank on the part of all officers (including yourself) as he maintained and required when he assumed in July last. I feel myself, etc. (as in text), with considerations, etc. J. C. Fremont, Lt-col U. S. A. and mil. com. of the ter. of Cal. To Brig. gen. S. W. Kearny, U. S. A.' Id., 6, 231.
427
THE GENERAL YIELDS.
ing this interview,23 but I have no doubt that, withi- out definite promises on either side, each believed the date of appointment to be the essential point at issue. Frémont certainly understood that by yielding he could have the governorship later; and Kearny prob- ably believed that by offering an immediate appoint- ment he could secure obedience.
Finding his authority and his instructions from the government thus ignored by Stockton and Frémont, and having no troops with which to enforce his orders, Kearny wrote to the commodore: "I must for the
-3 See testimony in Id., 38-9, 76, 78-81, 87, 91-2, 101, 164, 252-3, 380-96. Kearny says: 'Having finished the reading, I told F. that I was a much older man than himself, that I was a much older soldier than himself, that I had great regard for his wife and great friendship for. . . Col. Benton ;... that these considerations induced me to volunteer advice to him, and the advice was that he should take baek that letter and destroy it, that I was willing to for- get it. Lt-col. F. declined taking it baek, and told me that Com. S. would support him in the position he had taken. I told him that Com. S. could not support him in disobeying the orders of his senior officer, and that if he persisted in it he would unquestionably ruin himself. He told me that Com. S. was abont organizing a civil govt, and intended to appoint him as gov. I told him Com. S. had no such authority, that authority having been con- ferred on me by the president. He asked me if I would appoint him gover- nor. I told him I expected shortly to leave Cal., . . . that as soon as the country was quieted I should most probably organize a civil govt, and that I at that time knew of no objections to my appointing him as the gov. He then stated to me that he would see Com. S., and that unless he appointed him gov. at once, he would not obey his orders, and left me.' It would seem un- likely that F. should make this last statement, since both he and K. knew that S. would make him gov. at once; and F. in his defence makes several strong points against parts of K.'s testimony. This ' bargaining for the gov- ernorship' is what he deems most seriously to affect his honor, and he accuses K. of testifying falsely on the interview. It is to be noted, however, that K. does not state positively that F. offered obedience in return for an imine- diate appointment; that F., with all his righteous indignation on the charge of 'bargaining,' omits all details of the interview; and that the extract of a letter to Benton-'Both offered me the post of gov .; Com. S. to redeem his pledge immediately, and Gen. K. offering to give the commission in four or six weeks'-introduced by F. as his own testimony, seems to support K.'s testimony and the theory that 'time' was made the test. The matter, how- ever, is one that affects the personal veracity of the two officers more than it does the general controversy. It appears, also, that at this interview F. ex- pressed sorrow for the dissensions between S. and K., and perhaps tried to bring about an interview, which K. desired but would not ask for.
This reply of Fremont refusing obedience was made the foundation of the principal accusation against him before a military court. In defence, he inade the point that K., at the interview, by offering to permit the paper to be destroyed, to forget its contents, and to consider the matter of making F. governor, condoned the act of disobedience, or 'mutiny.' This is true to the extent that K. was technically at fault; but the dishonor in such cases always pertains not to the officer who shows such leniency, but to the recipient who uses it against him.
428
STOCKTON'S CONTROVERSY WITH KEARNY.
purpose of preventing collision between us, and pos- sibly a civil war in consequence of it, remain silent for the present, leaving with you the great responsi- bility of doing that for which you have no authority, and preventing me from complying with the presi- dent's orders." He also announced in writing his intention to withdraw with his dragoons; and reported the state of affairs to the adjutant-general at Wash- ington.24
On the 18th about 10 A. M. General Kearny marched from Los Angeles with his dragoons, having no fur- ther communication with Stockton or Fremont, and reaching San Diego on the 23d. He told Lieutenant Emory, sent east with despatches a few days later, that he would assume control as soon as his force should be sufficiently increased; but the arrival of the battalion of Mormon volunteers, over three hundred strong, under Lieutenant-colonel Cooke,25 who reported to the general at San Diego on the 29th, was not deemed to justify such a step. Cooke was ordered to station his men at San Luis Rey and await further develop- ments; and Kearny embarked on the Cyane January 31st, reaching Monterey on February 8th. Here he found Commodore W. Branford Shubrick, who had arrived the 22d of January in the Independence, to succeed Stockton in command of the Pacific squad- ron. On the 25th Shubrick had written a friendly letter to Frémont as the senior military officer in the
24 Jan. 17, 1847, Kearny to Stocktou. The quotation in my text is pre- ceded by a reference to preceding corresp. of the 16th, and a statement that by the battles of the 8th and 9th, and capitulation of the 13th, Cal. 'might now for the first time be considered as conquered.' Court-martial, 79-80. Jan. 17th, K. to S. 'I have to inform you that I intend to withdraw to-mor- row from this place with the small party which escorted me to this country,' addressed to S. as 'acting governor of Cal.' Id., 195. Jan. 17th, K. to adj .- gen., enclosing copies of corresp. with S. and F. 'It will be seen by the pres. aud sec. war that I am not recognized in my official capacity, either by Com. S. or Lieut-col F., both of whom refuse to obey my orders or the instructions of the pres. ; and as I have no troops in the country under my authority ex- cept a few dragoons, I have no power of enforcing them.' Id., 94-5.
25 On the Mormon battalion, see chap. xviii., this volume. Record of K.'s departure from Los Angeles, also Emory's departure, in Fremont's Court-mar- tial, 87, 92-3, 165, 383. Griffin's Diary, MS., is authority for the arrival at N. Diego.
429
SHUBRICK'S ARRIVAL AND POLICY.
country, not knowing that Kearny had arrived, but three days later had written a similar letter to the general. On the 28th the Lexington had arrived with Captain Tompkins and an artillery company, as fully recorded in another chapter; and next day Shubrick had sent the Dale southward with the letter to Kearny and another to Stockton, requesting his pres- ence at Monterey. Kearny found the new commo- dore disposed to recognize his authority as military commander-in-chief, and to disapprove Stockton's act in organizing a civil government in opposition to the general's instructions, but also to favor a peaceful settlement of the dispute. He had, moreover, the instructions addressed to Sloat on July 12, 1846, as already cited, which authorized the naval officers to organize a civil government. The general agreed with Shubrick that it was best not to reopen the con- troversy, but to wait for more explicit instructions from Washington. Therefore he started for San Francisco, February 11th, on the Cyane; while the commodore reported the decision to Frémont and to the government. 26
26 Shubrick's Rept, Feb. 15th, is a narrative of events since his arrival. In it the only remark bearing on the controversy is, ' I have recognized in Gen. K. the senior officer of the army in Cal .; have consulted and shall cooperate with him as such; and I feel that I am particularly fortunate in having so gallant a soldier,' etc. Shubrick's letters of Jan. 25th and 28th to Fremont and Kearny are not extant, but are mentioned in Id., and Fremont's Court- martial, 9. The general's account of his arrival and consultation with Shu- brick is in Kearny's Rept, March 15, 1847. He says: 'On my showing to Com. Sh. my instruc. of June 3, 18, 1846, he was at once prepared to pay all proper respect to them; and being at that time com .- in-chief of the naval forces, he acknowledged me as the head and com. of the troops in Cal. .. He thenshowed me the instruc. to com. SI. of July 12th, .. . and as they contained directions for Com. Sl. to take charge of civil affairs, I immediately told Com. Sh. that I cheerfully acquiesced and was ready to afford him any assistance in my power. We agreed on our separate duties, and I then went to S. F.,' etc. Frémont's idea of this agreement, in Court-martial, 419-20, is that it was virtually an acknowledgment of the legitimacy of the position assumed by himself and Stockton. Shubrick's letter of Feb. 13th to F., Id., 417, in re- ply to F.'s of Feb. 7th, to be noticed later, was non-committal and friendly. 'While the gen. was here, we consulted fully as enjoined on me by my instruc., and on him by his, on the measures necessary to be taken by us for the security of Cal. I am looking daily for the arrival of Com. St., when I shall of course receive from him a full account, etc. It is to be hoped that the pleasure of the president on civil govt, etc., will soon be known.' Has no funds to spare for F. In his report of same date to the govt, Id., 296, Slı.
430
STOCKTON'S CONTROVERSY WITH KEARNY.
Meanwhile Commodore Stockton, still holding the position of governor down to the date of his depart- ure, left Los Angeles the 19th of January and marched with his marines and sailors to San Pedro, where all embarked on a man-of-war for San Diego. Here on the 22d he reported the civil government to be in suc- cessful operation. On February 4th he sent a longer report on the troubles with Kearny, demanding that officer's recall, "to prevent the evil consequences that may grow out of such a temper and such a head"! and next day he wrote a full report of the recent campaign, from which I have quoted extensively in the preceding chapter.27 Also in February and March the commodore and his naval officers took some pains to enlighten the public respecting his position as com- mander in the final campaign, as already recorded.23 As to his correspondence or conversation with Shu- brick, if he had any, nothing is known. From Fre- mont during January, February, and the first ten days of March, we have, so far as the controversy is
alludes to the 'unfortunate difference' between St., K., and F. ' I have ex- changed opinions with Gen. K., and shall continue to concert with him such measures as may seem best. . . With regard to the civil govt, . . . measures have been, in my opinion, prematurely taken by Com. St., and an appointment of gov. made of a gentleman who I am led to believe is not acceptable to the people of Cal.'; but Sh. intends to await further instructions and confine his efforts to keeping quiet possession of the territory. The despatch of the 13th was sent east by Lient Talbot, reaching Washington June 3d.
27 A letter of Jan. 19th signed by 12 citizens of Los Angeles, and presum- ably recognizing the legitimacy of S.'s proceedings, was offered as evidence, but not allowed to be read. Fremont's Court-martial, 195. Jan. 22d, St. to Bancroft. A brief report, sent by Lieut Gray, containing an allusion to K.'s 'perilous condition after his defeat at S. Pascual.' S. was somewhat too fond ot these sly hits. Stockton's Life, appen. 10. Feb. 4th, Id. to Id. 'As the guardian of the honor and services of the navy, I take leave to send you the following narrative. This case requires no argument; nor will I make a sin- le remark in relation to the extraordinary conduct of Gen. K. or the inde- fensible language of his notes: "demands," "personal collision," "civil war," and the bold assertion that the country was not conquered until the 8th and 9th of Jan. by the troops under his command, speak for themselves.' Id., 10-12. Stockton's rept of Feb. 5th, in Id., 12-16; Id., Mil. and Nav. Oper., 30. This was sent by Lient Beale, and reached Washington May 31st. Fre- mont's Court-martial, 366.
28 See note 13 of this chapter. Feb. 5th, certificate of Spieden and Mosely at S. Diego, in Fremont's Court-martial, 430. March 9th, Capt Zielin to cap- tains Pedroreua and Arguello, asking for their reports of the battles, and particularly for their testimony as to who was in command. Savage. Doc., MS., iii. 72.
431
GENERAL CONCLUSIONS.
concerned, only three letters, addressed to Benton, to Shubriek, and to W. P. Hall, all written to defend his position and that of the commodore who had ap- pointed him. 29
Thus the annals of the controversy have been brought down in a sense to the end so far as Stoek- ton was concerned, and to the end of its first phase in Frémont's ease. And here I may say, as has been implied in what precedes and as the facts fully justify me in saying, that on the merits of the dispute, Kearny was in the right and Stockton in the wrong. General Kearny, in obedience to instructions from Washington, had marehed to California, had cooperated with the naval officers in conquering the country, and was en- titled to the chief command. Stockton's elaim to have effeeted the conquest and organized a eivil gov- ernment before the general's arrival was unfounded; but had it been supported by faets, it would by no means have justified his disobedience. His position was untenable, and popular sympathy for him as a eon- queror unfairly deprived of the glory of his achieve- ment has been misplaced through a misconception of the faets. He had shown a ereditable degree of energy and skill in overcoming obstacles for the most part of his own ereation, in putting down a revolt
29 Feb. 3, 1847, F. to Benton, only a brief fragment on K.'s offer of the gov- ernorship, quoted in note 23. A longer extract of perhaps the same letter is found in Bigelow's Mem., 197-8. Feb. 7th, F. to Shubrick, in reply to note of Jan. 25th, explaining his reasons for having refused to recognize K.'s authority-that is, that K.'s contingent instructions had been superseded by events. 'I trust the foregoing explanation will fully satisfy you that the position I take is an incident of the extraordinary circumstances surrounding ine, and is borne out by a rigid adherence to the line of duty.' He also ex- plains that he is financially hard pressed, and hopes Sh. can advance money for govt expenses. Fremont's Court-martial, 9-10. Feb. 11th, F. to Hon. Wil- lard P. Hall. 'I learn with surprise and mortification that Gen. K., in obedi- ence to what I cannot but regard as obsolete instructions, means to questiou my right, and. . . I cannot ... yield or permit myself to be interfered with by any other until directed to do so by the proper authorities.' 'Intimations .. . have reached me that you were using your talents and high character as a member of the American congress, in your intercourse with citizens of this place and the troops under my command, to raise doubts, if not questioning altogether the legitimacy or validity, of my tenure of office;' therefore wants to know if the intimations are founded in fact. Id., 10-11; Hall's testim. Id., 208-9.
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