History of California, Volume XXII, Part 46

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 816

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432

STOCKTON'S CONTROVERSY WITH KEARNY.

that but for his own folly would have had no exist- ence. No more can be honestly said in praise of the commodore's acts and policy in California. Against Kearny's position in the dispute nothing can be urged, and against his conduet-his blunder at San Pascual affecting only himself and his men-nothing more serious than a savor of sharp practice in certain minor proceedings indicating a laek of confidence in the real strength of his position, or perhaps an excess of personal bitterness against his rival.

As far as Frémont is concerned, his action in dis- obeying Kearny's order, or rather in leaving the two chief's to settle their own quarrel, must I think be approved; that is, as compared with the only alterna- tive. Like Stockton, he merits no praise for earlier proceedings. He had perhaps done even more than the commodore to retard the conquest. His mishaps as a political adventurer call for no sympathy. But his cause was identified with that of Stockton, who had adopted his views, had saved him from a position that might have been dangerous, had given him his command, had approved his irregular acts at Ca- huenga, and depended upon his support in his own assumption of authority. There is, or should be, honor even among filibusters. For Frémont to have deserted his patron at the last, particularly when Kearny's offer of the governorship was sure to make the transaction appear a bargain, would have been dishonorable and treacherous. True, the colonel's act was declared later by a military court to be techni- cally mutinous disobedience of a superior's orders. This amounts to little, and is all that can be said against Frémont. Had there been no further devel- opments in the controversy, the verdict would possibly have been different; or rather it is probable that no charges would have been preferred.

Commissions to Frémont as governor and Russell as secretary of state were issued by Stockton on Jan-

433

GOVERNOR AND COUNCIL.

uary 16th, but their respective terms of office began on the 19th, when the commodore turned over the command on his departure from Los Angeles. It had been intended to make Gillespie secretary, but he pre- ferred to be major of the battalion, and his commission was dated the 18th.30 Besides a governor to succeed himself, Stockton also appointed on the 16th a legis- lative council of seven members, as follows: M. G. Vallejo, David Spence, J. B. Alvarado, Thomas O. Larkin, Eliab Grimes, Santiago Arguello, and Juan Bandini. The council was summoned, by Stockton's proclamation of the 18th, to convene at Los Angeles the 1st of March; but no meeting was ever held. Some members declined to serve; there was appar- ently a degree of sectional dissatisfaction; and finally no council was deemed necessary by a new adminis- tration.31 After the commodore's departure the bat- talion was paraded, the commissions were read by Secretary Russell, and the new government went into operation. On the 22d Governor Frémont issued

30 On these commissions, already recorded indirectly, see Frémont's Court- martial, 175-6, 194, 203, 252, 237-8, 384, 410.

31 Jan. 16, 1847, Vallejo's original commission signed by Stockton. J'a- llejo, Doc., MS., i. 20. I find no other appointments, and no official list of the members. Jan. 18th, Stockton's proclamation convening the council for March Ist. Id., xii. 260. Jan. 22d, Frémont to Vallejo, enclosing commis- sion, with much flattery. Id., i. 21. Jan. 22d, Larkin to V., enclosing F.'s letter. L. himself will not serve; will send a vessel for V. and Grimes. Id., i. 22. Jan. 29th, Bandini to V., urging him to accept and work for the good of his country, as he intends to do. Id., xii. 264. Jan. 29th, Lient Revere to V., urging him not to accept, since the peace will not be permanent, and Fré- mont's course can not be approved. Id., xii. 265. Jan. 31st, Semple, Colton, and Talbot H. Green urge V. to accept. Id., xii. 266-8. Feb. 15th, V. to F. Accepts the position. Id., xii. 277. Jan. 26th, Bandini to Stockton, de- clining on account of ill health. Bandini, Doc., MS., 103. Feb. 26th, at a public meeting at Sonoma it was resolved that the district north of the bay was entitled to one third of the council, and Gen. Kearny was asked to in- crease the number of members to 15, giving the district 5; and Vallejo, Boggs, Grigsby, Stephen Cooper, and W. A. Richardson were recommended. Unb. Doc., MS., 138-9. According to S. F. Cal. Star, March 6th, the citizens of Sonoma selected Vallejo, Boggs, and Cooper. Feb. 26th, a meeting also held at Sta Clara, and Elam Brown selected. Id. March 4th, Kearny to alcalde of S. F. 'I have not called any such council, nor do I at present contemplate doing so.' Cal. and N. Mex., Mess. and Doc., 1850, p. 289-91. April 13th, Larkin writes to Stockton that many blame him (L.) that the council did not meet. 'You kindly sent ns the Cyane, but Com. Sh. prevented her de- parture. The members could not go by land and get there in time.' Larkin's Off. Corresp., MS., i. 137.

HIST. CAL., VOL. V. 28

434

STOCKTON'S CONTROVERSY WITH KEARNY.

a proclamation or circular announcing the establish- ment of civil rule. "I do hereby proclaim order and peace restored to the country, and require the imme- diate release of all prisoners, the return of the civil officers to their appropriate duties, and as strict an obedience of the military to the civil authority as is consistent with the security of peace and the main- tenance of good order where troops are garrisoned."32

For a period of about fifty days Fremont was recognized in a sense throughout California as gov- ernor, though it does not appear that he had occasion to exercise his authority directly beyond the Los Angeles district.33 Nor were his duties as ruler onerous even at the capital. Part of the volunteers were discharged, and the rest were stationed at San Gabriel. Locally all was quiet, the Angelinos devot- ing themselves as in carlier times to social pleasures, and the governor, as all agree, winning many friends among the natives by joining in their festivities and adopting to some extent their ways of dress and life. The happenings of those days, however, are but meagrely recorded. Official orders were for the most part of a petty routine nature; and indeed, the only ones known are such as were subsequently included in charges against Frémont as supplementary acts of disobedience. 34

32 Jan. 22, 1847. Frémont's circular. Monterey Californian, Feh. 6th; Bryant's What I Saw, 414; Cutts' Conq., 164.

33 Lieut-col Cooke, Conq. Cal., 283, under date of March 12th, writes: . Gen. Kearny is supreme-somewhere up the coast; Col Fremont supreme at Pueblo de los Angeles, Com. Stockton is "commander-in-chief" at S. Diego; Com. Shubrick, the same at Monterey; and I, at San Luis Rey; and we are all supremely poor; the government having no money and no credit; and we hold the territory because Mexico is poorest of all.' Cooke, however, was a foe to Fremont. Feb. 20th, J. B. Hull, commandant of the northern district, proclaims that civil authority has taken place of the military; and revokes all past orders bearing on civil rights. But he says nothing of any governor. S. F. Cal. Stur, Feb. 20, 1847.

3. Jan. 24th-27th, orders in connection with courts-martial, by which Lieut Rock was cashiered for drunkenness and fighting with Private Geo. Smith. Jan. 25th, order to Capt. J. K. Wilson to recruit men for a 2d artillery co. at $25 a month for three months. Feb. 3th, order to Major Louis McLane to proceed northward for the purpose of obtaining recruits; also to examine the defences of Yerba Buena, and erect a fort on White Island. Feb. 13th, Accepts the resignation of captains Ford, Gibson, Finlay; and lieuts Bald-

435

FINANCIAL TROUBLES.

The chief difficulty experienced was to obtain funds and supplies for the battalion. Holders of claims for property taken in the past complained that payment was too long delayed, and these complaints, with a prevalent doubt that Frémont's authority to contract debts would be recognized by his successors, increased present financial troubles. Yet men were found will- ing in consideration of high prices to risk delays and losses. I shall have more to say of these 'California claims' a little later; only two need be. mentioned here. From Antonio J. Cot in February the gov- ernor obtained a loan of $3,000 at three and two per cent per month; and from Eulogio Célis in March another of $2,500 at two per cent after eight months. With Célis he also made a contract to furnish 600 head of beef-cattle for $6,000, payable in eight months; but the battalion was discharged, and Frémont's au- thority was gone, before any of the beef was eaten.35

ridge, Rheusaw, Blackburn, J. Scott, J. R. Barton, and J. M. Hudspeth. They are blamed for resigning at such a time by Adj. Loker in his order. March 2d, F. binds himself in name of U. S. to pay $5,000 to John Temple for White (or Bird) Island in S. F. Bay. Fremont's Court-martial, 7, 8, 12, 16, 17, 62, 63, 408.

33 Cal. and N. Mex., Mess. and Doc., 1850, p. 328-9, 363-73; Frémont's Cal. Claims (no. 75), p. 35-6; Id. (no. 817). These claims were presented for payment after F.'s departure, and without his having left any record of the transactions. The cattle contract was perhaps somewhat 'crooked.' On April 26th F. certified that Celis had delivered the cattle, and gave to C. a certificate that $6,975 (including the hides which C. was originally to have retained) was due him from the U. S. govt .; but in fact the cattle were not delivered by C. until May Ist and July 7th, and then to Abel Stearns to breed for three years on F.'s account for half the increase! F.'s defence was that he put the cattle in private hands to secure himself if the govt should not acknowledge the debt; and this is plausible if not regular, but it does not explain his certificate of delivery. Hensley testified that he received the cattle for the battalion; but this does not agree with Stearns' receipts.

CHAPTER XVII.

FRÉMONT'S CONTROVERSY WITH KEARNY.

MARCH-MAY, 1847.

NEW INSTRUCTIONS-CIRCULAR OF SHUBRICK AND KEARNY-THE LATTER ASSUMES THE GOVERNORSHIP-PROCLAMATION AND REPORT-COMMO- DORE BIDDLE-ORDERS TO FREMONT, GILLESPIE, AND COOKE-TURNER IN THE SOUTH- FREMONT'S DISOBEDIENCE, EXCUSES, AND HIS FAMOUS RIDE TO MONTEREY-QUARREL WITH KEARNY-COOKE AT LOS AN- GELES-MASON AND FREMONT-A CHALLENGE-RUMORS OF MEXICAN INVASION-KEARNY IN THE SOUTH-STEVENSON SUCCEEDS COOKE- JOURNEY OF KEARNY, FREMONT, AND COOKE OVERLAND TO THE STATES- STOCKTON GOES EAST-PETITION ON THE GOVERNORSHIP-FREMONT'S TRIAL BY COURT-MARTIAL-FOUND GUILTY AND PARDONED-THE POP- ULAR VERDICT-BENTON'S TIRADE IN THE SENATE-THE CALIFORNIA CLAIMS-EXPENSES OF THE CONQUEST.

Ar San Francisco Kearny found Colonel Richard B. Mason of the 1st dragoons and Lieutenant Watson of the navy, who had arrived the 12th of February, and with whom the general returned to Monterey by the Savannah on the 23d.1 Mason and Watson brought instructions, dated Washington November 3d and 5th, for both general and commodore, which were positive to the effect that the senior officer of the land forces was to be civil governor. They also required that the volunteers of the battalion should be mustered into the service regularly if it had not already been done, that Frémont should not be detained in Cali- fornia longer than the necessities of the service might require, and that the military and naval chiefs should

1 Kearny's Rept, Mar. 15th; S. F. Cal. Star, Feb. 27, 1847. About the 25th Lieut Beale left Cal. for the east. Fremont's Court-martial, 271.

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437

NEW INSTRUCTIONS.

hold frequent conferences, acting always in harmony. Colonel Mason was to be recognized as commander and governor in the absence of Kearny, who was per- mitted to retire as soon as tranquil possession should be insured and a temporary civil government organ- ized.2

Had Stockton been still in command of the squadron, he would probably have refused compliance with these orders, on the ground that they were issued before his report of August had been received; but Shubrick was impelled by inclination as well as duty to obey. Accordingly on the Ist of March the general and commodore issued a joint circular, in which the for- mer assumed the governorship, and Monterey was named as the capital.3 Kearny issued on the same day general orders and instructions to Cooke, Fré- mont, and Gillespie, which will be noticed presently, and bearing which Captain Turner started for the south next day. Also on the 2d there arrived Com-

2 Nov. 3, 1846, Scott to Kearny. Nov. 5th, Sec. of Navy Mason to Stock- ton, in Frémont's Court-martial, 48-53. See quotations from these instructions in note 8, chap. xvi. of this volume. They were written after Sloat's arrival at Washington with Monterey news of July 28, 1846. It was supposed that Mason might arrive and take command before Kearny.

3 March 1, 1847. 'To all whom it may concern, be it known: That the president of the U. S., desirous to give and secure to the people of Cal. a share of the good government and happy civil organization enjoyed by the people of the U. S., and to protect them at the same time from the attacks of foreign foes and from internal commotions, has invested the undersigned with separate and distinct powers, civil and military; a cordial cooperation in the exercise of which, it is hoped and believed, will have the happy results desired. To the commander-in-chief of the naval forces the president has as- signed the regulation of the import trade, the conditions on which vessels of all nations, our own as well as foreign, may be admitted into the ports of the territory, and the establishment of all port regulations. To the command- ing military officer the president has assigned the direction of the operations on land, and has invested him with administrative functions of government over the people and territory occupied by the forces of the U. S. Done at Monterey, capital of Cal., this Ist day of March, A. D. 1847. W. Branford Shubrick, Commander-in-chief of the naval forces. S. W. Kearny, Brig .- gen. U. S. Army, and Gov. of Cal.' The original, printed in English and Span- ish, of which I have several copies; also in Cal. and N. Mex., Mess. and Doc., 1850, p. 288; S. F. Cal. Star, March 6, 1847; and often reprinted elsewhere. It is to be noted that in Fremont's Court-martial, 12, is cited a letter of Feb. 23d, from Shubrick to Fremont, in which the former says: 'Gen. K., I am instructed, is the commanding mil. officer in Cal., and invested by the presi- dent with the administrative functions of govt over the people and territory.' I find no other mention of this document.

438

FRÉMONT'S CONTROVERSY WITH KEARNY.

modore James Biddle on the Columbus. He did not. however, disturb Shubrick in his command of the northern Pacific squadron;4 and he fully approved the position assumed by Kearny, who on the 4th, but antedating it to the 1st, issued to the people in Eng- lish and Spanish a proclamation in which he offered protection to all interests, and encouraged the natives to hope for all the rights and privileges pertaining to citizens of a United States territory. There was no allusion to the controversy except indirectly, in a kind of apology for irregularities in the past. While the (listinet civil government set up by Stockton was ig- nored, there was practically no radical change in pro- posed measures or policy. California was to be held as a conquered province, and ruled by the military commander, through the old officials as nearly as possi- ble in accordance with the old laws until the United States should provide a territorial government; for as before the permanence of possession was taken for granted. I append the proclamation in a note.5

+ Arrival of Biddle, March 2d. Kearny's Rept .; Monterey Calif., March 6, 1847. Biddle's decree of March 4th, raising the blockade on the west coast except at Mazatlan and Guaymas. Id., March 13th. March 6th, B. to Larkin on same subject. Larkin's Doc., MS., v. 34. March 15th, Larkin to Stockton on Biddle's arrival, with much flattery for St. Thinks B. and Sh. will work against St., though the latter has done more for the country than both com- bined are likely to do. Off. Corresp., MS., i. 120-1.

5 March 1, 1847, 'Proclamation to the people of California. The presi- dent of the U. S. having instructed the undersigned to take charge of the civil government of Cal., he enters upon his duties with an ardent desire to promote, as far as he is able, the interests of the country and the welfare of its inhabitants. The undersigned has instructions from the president to re- spect and protect the religious institutions of Cal., and to sec that the reli- gious rights of the people are in the amplest manner preserved to them, the con- stitution of the U. S. allowing every man to worship his creator in such a manner as his own conscience may dictate to him. The undersigned is also instructed to protect the persons and property of the quiet and peaceable in- habitants of the country against all or any of their enemies, whether from abroad or at home; and when he now assures the Californians that it will be his duty and his pleasure to comply with those instructions, he calls upon them all to exert themselves in preserving order and tranquillity, in promoting har- mony and concord, and in maintaining the authority and efficacy of the laws. It is the wish and design of the U. S. to provide for Cal., with the least pos- sible delay, a free government similar to those in her other territories; and the people will soon be called upon to exercise their rights as freemen, in electing their own representatives to make such laws as may be deemed best for their interests and welfare. But until this can be done, the laws now in existence, and not in conflict with the constitution of the U. S., will be con-

439

GENERAL KEARNY'S REPORT.

About this time the first detachment of Colonel Stevenson's New York volunteers arrived at San Francisco, as is fully recorded in another chapter; and after issuing a few minor orders respecting these troops and local affairs in the north, General Kearny wrote a general report of his proceedings since leaving Los Angeles, which was dated the 15th of March and sent east by the Savannah. In this report he says: "The Californians are now quiet, and I shall endeavor to keep them so by mild and gentle treatment. Had they received such treatment from the time our flag was hoisted here in July last"-that is, if the policy of Sloat and Larkin had been continued instead of the filibusterism of Fremont and Stockton-"I believe there would have been but little or no resistance on their part. They have been most cruelly and shame- fully abused by our own people-by the volunteers

tinued until changed by competent authority; and those persons who hold office will continue in the same for the present, provided they swear to sup- port that constitution, and to faithfully perform their duty. The undersigned hereby absolves all the inhabitants of Cal. from any further allegiance to the re- public of Mexico, and will consider them as citizens of the U. S. Those who remain quiet and peaceable will be respected in their rights, and protected in them. Should any take up arms against or oppose the government of this territory, or instigate others to do so, they will be considered as enemies, and treated accordingly. When Mexico forced a war upon the U. S., time did not permit the latter to invite the Californians as friends to join her stand- ard, but compelled her to take possession of the country to prevent any European power from seizing upon it; and in doing so, some excesses and un- authorized acts were no doubt committed by persons employed in the service of the U. S., by which a few of the inhabitants have met with a loss of prop- erty. Such losses will be duly investigated, and those entitled to remuneration will receive it. California has for many years suffered greatly from domestic troubles; civil wars have been the poisoned fountains which have sent forth trouble and pestilence over her beautiful land. Now those fountains are dried up; the star-spangled banner floats over Cal .; and as long as the sun continues to shine upon her, so long will it float there over the natives of the land, as well as others who have found a home in her bosom; and under it agriculture must improve and the arts and sciences flourish, as seed in a rich and fertile soil. The Americans and Californians are now but one people: let us cherish oue wish, one hope, and let that be for the peace and quiet of our country. Let us as a band of brothers unite and emulate each other in our exertions to benefit and improve this our beautiful, and which soon must be our happy and prosperous, home. Done at Monterey, capital of Cal., this first day of March, A. D. 1847, and in the 71st year of the independence of the U. S. S. W. Kearny, Brig .- gen. U. S. A., and governor of California.' An original in MS., with K.'s autograph, in Vallejo, Doc., MS., xxxiv. 260; print, English and Span., in Bear Flag Pap., 30; also in S. F. Cal. Star, March 20, 1847; Cal. and N. Mex., Mess. and Doc., 1850, p. 205; and often reprinted.

410

FRÉMONT'S CONTROVERSY WITH KEARNY.

American emigrants] raised in this part of the coun- try and on the Sacramento. Had they not resisted, they would have been unworthy the name of men. If the people remain quiet and California continues under our flag, it will crelong be a bright star in our union."6

Kearny's orders of March Ist, carried south by Captain Turner, required the California battalion to be mustered into the service at once by Lieutenant- colonel Fremont, who was to bring to Yerba Buena by way of Monterey and there discharge all volunteers de- clining to continue in the service. Frémont was also directed to deliver in person at Monterey, with as little delay as possible, all publie documents under his control pertaining to the government of California. Lieutenant Gillespie of the marines was relieved from his duties as an officer of the battalion, and ordered to report to the commander of his corps at Washington. Lieutenant-colonel Cooke was made military com- mandant of the southern district, with instructions to post his command-consisting of the dragoon com- pany, the Mormon battalion, and the volunteers-at such places as he might deem most eligible for the preservation of peace. Los Angeles was suggested as headquarters, and a conciliatory policy toward the inhabitants."

6 Kearny's Report, March 15, 1847.

March 1, 1847, 'Headquarters 10th mil. department.' 'Orders no. 2.' Mnstering in the volunteers. ii. Relieving Gillespie. iii. Putting Cooke in command. iv. Cooke to name an officer to receive public property at S. Diego. v. Maj. Swords and Paymaster Cloud to report at Monterey. . By order of Brig .- gen. S. W. Kearny, H. S. Turner, captain, a. a. a. general.' In Frémont's Court-martial, 13, 33, 221. Same date, K. to F., referring to the general order, directing him to bring archives, and adding: 'I have direc- tions from the general-in-chief not to retain you in this country against your wishes a moment louger than the necessities of the service may require; and you will be at liberty to leave here after you have complied with these in- structions and those in the order referred to.' F. is addressed as 'Com'g bat. of Cal. volunteers.' Id., 32-3, 102, 424. Same date, K. to Cooke, general instructions, leaving details to his judgment. 'It is highly important that a very discreet officer should be in com. of the troops you may station at the city of the Angels, which has been for so long a time the capital, and the head- quarters of the Mexicans and Californians when in arms against us. Great discontent and animosity, on the part of the people there, toward the Amer- icans have existed, and in consequence of complaints made by them of the

441

TURNER, COOKE, AND OWENS.

Turner reached Los Angeles on March 11th, de- livering his orders and the joint circular to Frémont, who next day promised obedience, while the captain continued his journey to San Luis Rey, where he made known the orders to Cooke. Fremont's obedi- ence consisted in submitting the order for mustering to the volunteers, all of whom declined to be mustered, though the officers had no serious objections, as the change would not materially affect their pay; and this result was communicated to Cooke on the 16th in reply to that officer's note of the 14th inquiring how many of the volunteers had been mustered. In this letter, written by Russell as 'secretary of state,' Cooke is informed that "the governor considers it unsafe at this time, when rumor is rife with a threat- ened insurrection, to discharge the battalion, and will deeline doing so; and whilst they remain in service, he regards his force as quite sufficient for the protee- tion of the artillery and ordnance stores at San Ga- briel." Meanwhile, on the 15th, in view of a pros- peetive absence in the north-though he did not start for a week-Frémont issued to Captain Owens, act- ing commandant of the battalion, instructions not to leave San Gabriel, not to obey the orders of any other officer, and not to turn over to any one the pub- lie arms and munitions. On the 18th he drew bills of exchange against the government in favor of one F. Hüttmann for $19,500; and on the 21st, as governor, he authorized Collector Alexander at San Pedro to receive government orders in payment of duties.8

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History of California, Volume XXII, Part 46

Author: Bancroft, Hubert Howe Publication date: 1885-1890 Publisher: San Francisco, Calif. : The History Company, publishers Number of Pages: 816

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 816