History of California, Volume XXII, Part 49

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

USA > California > History of California, Volume XXII > Part 49

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Commodore Stockton's course in the Californian controversy was never made the subject of official in- vestigation; but not having been allowed to testify as fully as he desired at the trial, on February 18th he addressed to the secretary of the navy a complete narrative defence of his conduct, a document which I have often had occasion to cite. Inheriting a large fortune, the commodore resigned his commission in 1849. In 1851-2 he represented his state, New Jer- sey, in the senate of the United States; and was sub- sequently an aspirant for the presidency. It was in support of this ambition that a eulogistic biography was published in 1856, a work largely devoted to Californian matters and fully utilized in these chap- ters.45 It would add materially to the dramatic in- terest of this comedy of errors could I say that the 'conquerors' were opposing candidates in the presi- dential contest of 1856; but only one could secure the nomination. Stockton died at his New Jersey home in 1866.

General Kearny did not aspire to the presidency or even to the senatorship; but he was nominated in July 1848 for the brevet of major-general for "gallant conduct at San Pascual, and for meritorious conduct in California and New Mexico." This roused

45 The full title of this anonymous work is: A Sketch of the Life of Com. Robt F. Stockton; with an appendix, comprising his correspondence with the naval department respecting his conquest of California; and extracts from the defence of Col. J. C. Fremont in relation to the same subject; together with his speeches in the senate of the United States, and his political letters. N. Y. 1856, Svo, 210, 131 p., portrait.

461

BENTON'S SPEECH.

afresh the wrath of Thomas H. Benton, who made in the senate a speech of thirteen days, the 'substance' of which filled over sixty quarto pages of fine type! In this most extraordinary discourse the senator took up, besides the details of the San Pascual campaign, every point brought out or hinted at in the late trial, repeating all that had been claimed in defence of Fré- mont and Stockton, and supplementing each step with a torrent of ingenious misrepresentation and bitter invective. In respect to San Pascual his general position that Kearny merited nothing but censure is fully supported by the facts; yet even here the speak- er's partisan spirit and unfairness are manifest. As to other phases of the subject, Benton aimed to prove not only that the general had been wrong in all the controversy, but that, with his rascally confederates Emory, Cooke, Mason, and Biddle, he had engaged in a deliberate and villanous plot, first to rob Stock- ton of the governorship, and then to crush the saintly Frémont for having dared to refuse cooperation. He avowed his purpose to hold up Kearny, and in hardly less degree his associates, as criminals meriting noth- ing but contempt. Space does not permit me to cite Benton's opinions and arguments, or to refute them, except as I have done so in presenting the general record. I have presented the controversy in a spirit of fairness, finding something to praise and blame in the conduct of the different parties, but little of saintly innocence or diabolic villany on either side. It is hard to account for Benton's vindictive bitterness after what had been virtually a victory for his son-in- law. I think that any reader of the speech familiar with the events and men involved, even if favoring the senator's general views, would at this day regard the tirade as a ludicrous overshooting of the mark. In temporary conclusion the senator said: "I must break off. The senate has no time to hear me fur- ther. The first division of the subject is not through; two other divisions remain to be taken up (1); but I

462

FREMONT'S CONTROVERSY WITH KEARNY.

must break off. A time will come in open session to finish what is only begun .. . . After the conspiracy of Catiline, Cicero had a theme for his life; since this conspiracy against Frémont, and these rewards and honors lavished upon all that plotted against his life and character, I have also a theme for my life."46 But it does not appear that Benton ever found an opportunity to resume this part of his life-work; in- deed, General Kearny died before the end of the year.

This seems to be the proper place for a connected view of the 'California claims,' often alluded to in this volume, though in most phases the subject is too com- plicated for detailed notice within the space at my command. The claims were debts incurred for gov- ernment expenses during the rule of Frémont and Stockton in 1846-8. So far as there were naval funds available, these current expenses to the extent of about $30,000 were paid; but for the rest property had to be taken from natives and foreigners in Cali- fornia, with or without their consent. At first the Bear Flag men seized the property of Californians north of the bay to supply their own needs and to weaken a so-called foe; and when the cause was nom- inally merged in that of the United States, certain remnants of the property were transferred with the battalion. Thus was founded the smallest and least definite portion of the claims. Next, after the rais- ing of the stars and stripes, and chiefly for the needs of the battalion in the autumn of 1846, both native and foreign residents were plundered indiscriminately in the north and central districts; though receipts for supplies taken, mainly horses and cattle, were gener- ally given to the victims, many of whom willingly parted with their property and all looked to the United States for payment. Then there were the debts in- curred in the spring of 1847 during Fremont's rule,

46 Benton's Speech in the U. S. Senate, July 1848, on the promotion of Gen- eral Kearny, in Cong. Globe, 1847-8, appen. 977-1040.

463

THE CALIFORNIA CLAIMS.

and mainly in the south, all duly certified, and a large portion consisting of money loaned on Fremont's drafts on the government cashed by the merchants. These advances were obtainable only at very high rates of interest; and the matter was complicated by the fact that part of the liabilities were incurred when government funds would have been available but for the political controversy ; and finally, pay due the vol- unteers formed also a considerable element of the in- debtedness.

That the government was morally bound to pay these claims of all four classes has never been se- riously questioned, though trouble was sure to arise in settling particular demands. Nor can Frémont and Stockton be blamed for their general policy in creating the debts, though wrongs were done and errors committed in individual cases. Payment was expected as soon as peace should be restored; and but for the quarrel between rulers, many of the claims would have been promptly settled with naval funds by Stockton. He made an effort in that direction, the success of which was prevented by Shubrick and Biddle; and he is said to have paid before his departure certain

claims for which he felt a peculiar personal responsi- bility.47 In the last days of Fremont's rule the fear that the debts of his administration would be repudi- ated, or that at the least long delays must be expected, caused muchi excitement, and not a little unfavorable feeling towards the ex-governor; but this was for the most part undeserved. He showed commendable zeal in doing the little in his power to protect the creditors and himself. Kearny and Biddle cannot be blamed, I think, for refusing, in view of technical irreg- ularities of the past, to pay the claims. The finan- cial muddle was the result of circumstances, for which Stockton more than any other man was responsible.

Yet the existence of these unpaid claims remained

47 Stockton's Life, 159. It is said that his drafts were all duly honored; but I find no official record of amounts or details.

464

FRÉMONT'S CONTROVERSY WITH KEARNY.

as the most serious obstacle to tranquillity in Califor- nia. Soon after the departure of Kearny and the rest, Governor Mason called the attention of the gov- ernment to the bad feeling excited by the claimants, expressing his opinion that "a speedy payment will do more toward reconciling the Californians to the change of flags, and be worth more to the United States, than ten times the money it will take to pay the debt;"48 and urging that a discreet and disinter- ested citizen be sent to investigate and settle the claims. Larkin also wrote to explain the matter and urge prompt payment. 49 The secretary of war recom- mended immediate action, Frémont having presented a memorial on the subject, and in February 1848 the matter was referred by the senate to the military com- mittee, whose report was dated the 23d, containing testimony on the value of the services rendered by Stockton and Frémont, with something respecting the necessity, nature, and amount of the indebtedness in- curred.50 On the 3d of March Mr Cass introduced a bill appropriating $700,000, and providing for a board of commissioners to consist of Fremont and two other officers of the battalion, whose adjudication was to be final. Many speeches were made, but the only dif- ference of opinion was respecting the constitutionality

48 June 18, 1847, Mason to adj .- gen. Cal. and N. Mex., Mess. and Doc., 1850, p. 312. Another object to be gained was to enable disbursing officers to sell their drafts at par, instead of at 20 per cent discount. Yet on the 21st, Id., 328-30, Mason sends a warning about the claim of Cot for money lent to Fremont; and also the govt claims received for customs dues by his order. Meanwhile, he advised individual claimants to collect evidence to substantiate their claims, which would doubtless be settled at an early date. Id., 327, 361. It was on Oct. 9th that he sent a warning and the documents respecting the Celis claim. Id., 363-73. Mar. 13th, M. Soberanes to Mason, complaining of the burning and plundering of Los Ojitos by Fremont, and enclosing certifi- cates. Unb. Doc., MS., 202-3.

49 June 30th, Aug. 23d, Larkin to sec. state. Larkin's Off. Corresp., MS., ii. 118-20. March 15th, L. to Stockton, urging him to do something. Says Capt. Hall has accepted and approved many of the claims, so as to strengthen confidence of the holders in Stockton's govt. Id., i. 120-1. See also article in S. F. Calif., June 12, 1847.

50 U. S. Govt Doc., 30th cong. Ist sess., Sen. Rept, 75, being the important document I have so often cited as Frémont's Cal. Claims. F.'s estimate of the amount needed was about $500,000, but he suggested an appropriation of $600,000. More attention was given, however, to the salvation of C'al. from falling into British possession than to the subject proper of the investigation.

465

THE CALIFORNIA CLAIMS.

and personnel of the board, the obligation to pay the debt being admitted. The bill passed the senate on April 28th ; but the house brought up Mason's recent charges against Frémont, amended the bill, and so de- layed it that it was left as unfinished business on adjournment in August. Nothing more was heard of the subject for four years.51

In 1852 the matter came up again in congress, the legislature of California having also taken some ac- tion in favor of a settlement.52 Without serious oppo- sition or extended debate, by act of August 31st the secretary of war was directed to appoint a board of three commissioners to investigate, at Washington, all claims connected with the service of the Califor- nia battalion, an appropriation of $168,000 being made for the purpose. 53 The board, appointed on

September 6th, consisted of Brevet-colonel Charles F. Smith, Lieutenant-colonel Charles Thomas, and Major Richard B. Lee. They made three reports, in accordance with which many of the claims were paid, in 1853-4; but these require no special notice, be- cause included in a later final report. 64

Meanwhile one of the claims presented itself in pe- culiar shape. On March 18, 1847, Frémont had by allowing a premium of $4,500 obtained $15,000 from F. Hüttmann for drafts on the government. These drafts, not being accepted by Secretary Buchanan,

51 Cong. Globe, 1847-8, p. 261, 284, 423, 558-71, 604-8, 627-31, 676-8, 685, 696-708, 1049, 1069; also Houston's Sen. Repts, 30th cong. Ist sess., passim. The matter being referred to a house committee, a substitute bill was reported on Aug. 18th, reducing the appropriation to $500,000, and appointing disin- terested members for the board. U. S. Gort Doc., 30th cong. Ist sess., H. Rept., 817. Frémont explains in this report the irregularities of the Celis claim. 52 Cal. Sen. Jour., 1852, p. 554-9, being a report of a committee made on Feb. 5th. Maj. Snyder was chairman, and devoted the report mainly to an inaccurate explanation of the causes that led to the acts of Frémont in June 1846.

53 Sec. 6 of army appropriation bill, U. S. Stat. at Large, x. 108. The sec- tion is repeated in many of the reports to be mentioned in the following notes.

5+ Fremont's Cal. Claims, Reports of Board of Commissioners, 1853-5. The report of Dec. 29, 1853, is not given, but alluded to in the next; Report of March 13, 1854, in U. S. Govt. Doc., 33d cong. Ist sess., Sen. Ex. Doc., 49; Report of Dec. 5, 1854, in Id., Sen. Ex. Doc., S, H. Ex. Doc., 13, 33d cong. 2d sess .; Report of April 18, 1855, in Id., 34th cong. Ist sess., Sen. Ex. Doc., 63.

HIST. CAL., VOL. V. 30

466

FRÉMONT'S CONTROVERSY WITH KEARNY.

were protested; suit was brought in London, where Frémont was arrested and put in jail, though soon released on bail; and judgment was obtained for the original $19,500, with interest and costs, all amount- ing to $48,814. A bill was accordingly introduced in congress for Frémont's relief, resulting in a long discussion, in which the story of the conquest and the claims was once more gone over. Finally, by act of March 3, 1854, it was decided to pay the $48,814, but to charge the original $15,000 to Frémont until he should prove that the money had been spent for the public service. This he had not proved in Au- gust of the same year, when the amount was deducted from the larger sum due him on accounts of later date than 1848; nor had the proof been furnished as late as 1856. I know nothing of the final settlement, or of the use originally made of the money obtained from Huttman. There was another similar draft of $1,000 in favor of William Wolfskill, about which nothing appears in later times; nor is anything known respect- ing the final disposition of the Celis claim for money and cattle. I suppose that Frémont settled these matters privately with the claimants, and probably very much to his own profit so far as the cattle were concerned.55

In the same congress there was much discussion respecting an item of the appropriation bill, devoting $31,000 to the claims, and $10,000 to the expense of sending a commissioner to California for additional information, but nothing seems to have been accom- plished in this direction.56 The reports of the com-

55 Discussion in congress on the bill for Fremont's relief, in Cong. Globe, 1852-3, p. 231, 254-5, 593-603, 649, 1010, 1012, 1019, 1033, 1036-7, appen. 370. Act of March 3d, in U. S. Stat. at Large, x. 759. Also a very full account of the Huttmann affair, including a curious itemized bill of the Loudon attorneys, filling 30 p. of print, in Fremont's Accounts, 1842-56, in U. S. Gort Doc., 34th cong. Ist sess., Sen. Ex Doc., 109, p. 40, SS-140. It appears that additional costs to the amount of $2,150 were passed to F.'s credit. The failure of F. down to 1856 to prove that the money had becu devoted to pub- lic uses suggests that it had not been so used, with curious complications respecting the interest and costs paid by the govt; but the details of these accounts are not entirely clear to me.

56 Cong. Globe, 1852-3, p. 795-6, 1034, 1056. Aug. 5, 1834; it was ordered

467

SETTLEMENT OF THE CLAIMS.

mission in 1854 showed progress in settling the claims; on April 3, 1855, the secretary of war issued an order dissolving the board; and its final report was made on April 19th. By this report it appears that 363 claims had been presented, amounting to $989,185. Of this the amount allowed and recommended for payment- provision being made by congress for all but $8,129 before the date of the report-was $157,365; disal- lowed, chiefly reductions in the amount of claims allowed, $157,317; suspended for lack of sufficient evi- dence, $307,927; ruled out as not within the jurisdic- tion of the board, including $3,695 payable without its action, and some claims for destruction of property by American or Mexican troops recommended for consideration, $186,509; withdrawn, and in some cases resubmitted at lower rates, $147,800; registered too late for investigation before April 19th, 828,570. Of the whole number only four claims were entirely dis- allowed, while 180 were allowed without reduction. The largest allowance was $48,700 to General Va- llejo, and the smallest $2.50 to Nathan Barbour for a pair of shoes. A notable reduction was that in the case of Captain Phelps, who claimed $10,000 for the use of his boat by Fremont in crossing the bay to spike the guns at San Francisco in 1846, but was obliged to be content with $50157 The commissioners seem to have accepted the certificates and testimony of Fremont and his officers as sufficient to establish the claims; but they reduced the amounts by fixing a schedule of prices for horses, cattle, grain, arms, saddles, and other supplies much lower than the rates charged by the claimants.

The pay of the volunteers seems not to have been

that the battalion muster-rolls be put on file and made to correspond to Read- ing's pay-rolls. U. S. Stat., x. 582.

57 M. G. Vallejo received 848,700 out of a claim for $117,875; S. Vallejo, $11,700 of $53,100; Sutter, $9,832, his entire claim; Argüello, $6,800 of $21,688; T. II. Green, $6,425 of $11,205; C. A. Carrillo, $4,035 of $14,010; Leese, $3,934 of $6,189; A. J. Cot, $3,435, his full claim; Julio Carrillo, $2,670 of $17,500; John Temple, $2,144 of $15,766. Part of the reductions were, however, among the suspended claims. The records of the commission were not published; but sample cases are given in Frémont's Accounts.

46S

FREMONT'S CONTROVERSY WITH KEARNY.

included in the claims thus disposed of; and I am not able to say when or how these men got their arrears of wages, if at all. Nor can I find any record of further investigation or final settlement of the sus- pended or unconsidered claims left by the board to the amount of about $335,500. In August 1856 the senate called for and obtained a statement of Fre- mont's accounts running back to 1842, and including many transactions of later date than 1848; but this report throws no light on our present subject, except as already noted.58 The court of claims succeeded to the functions of the board, but so far as I can learn never considered any of the suspended claims. Two other claims were, however, taken up, that of Blas P. Alviso for the horses taken at the beginning of the Bear Flag revolt, and that of Vallejo for the use of his buildings at Sonoma for seven years. The court decided against Alviso's claim for $2,050, and mainly on the ground that the government was not responsible for property taken before the U. S. flag was raised, thus reversing the position impliedly taken before; and in favor of Vallejo's claim of $20,600, re- duced to $12,600.59 In April 1860 a senate com- mittee reported against taking further action on a number of claims, with few exceptions new, on the grounds that one-that of Alviso-had been rejected by the court, and that no reasons were given why the claims had not been submitted at the proper time to the board of commissioners.60 It is probable that most of the suspended claims were spurious, having been sent before the board as experiments, and others rested on so slight a basis that not even the battalion officers had the assurance to certify them. That many were never repaid for property actually taken by Frémont's men is certain; and there is no reason to doubt that others were paid for articles never lost.

58 Frémont's Accounts, 1842-56, Svo, 144 p. Report of sec. treas. Aug. 16, 1856, in U. N. Govt Doc., 36th cong. Ist sess., Sen. Ex. Doc., 109. 59 Id., Rept Court Claims, 204, 229; Id., H. Rept. 7.

60 Id., Sen. Rept, 198.

CHAPTER XVIII.

THE MORMON BATTALION. 1846-1848.

WESTWARD MIGRATION OF THE MORMONS BY SEA AND LAND-THE PLAN TO OCCUPY CALIFORNIA-ELDER LITTLE APPLIES TO THE GOVERNMENT FOR AID-TIMELY WAR-POLK'S PROMISES-KEARNY'S INSTRUCTIONS- COLONEL ALLEN'S CALL-THEORY OF THE SAINTS-A TEST OF LOYALTY AND A SACRIFICE-RECRUITING THE BATTALION-LIST OF OFFICERS-TY- LER'S HISTORY AND BIGLER'S DIARY-MARCH TO SANTA FE-DEATH OF COLONEL ALLEN-SMITH IN COMMAND-DOCTOR SANDERSON-CAL- OMEL AND ARSENIC-COOKE IN COMMAND-HIS JOURNAL-MARCH ACROSS THE CONTINENT-FIGHT WITH WILD CATTLE-ARRIVAL AT SAN DIEGO-IN GARRISON AT SAN LUIS REY AND LOS ANGELES-MUSTERED OUT-RE-ENLISTMENT OF ONE COMPANY-HOMEWARD MARCH TO SALT LAKE IN SEVERAL DETACHMENTS AND BY DIFFERENT ROUTES-A FES- TIVAL OF 1855-A RAM IN THE THICKET.

IT was in the spring of 1846 that the Mormons began their westward migration from Nauvoo, Illinois, and at the same time a ship-load of them went from New York to California. By midsummer the ad- vance of the overland line had been extended to Council Bluffs on the Missouri River, and the Brook- lyn had landed over two hundred of the saints at San Francisco. The annals of this people, including all the eircumstances leading to their exodus, pertain to the History of Utah, as presented in another work of this series. In a later chapter of this volume Brannan's immigrant company will be noticed with others of the year. Here only a few brief remarks are called for. The Mormons had not definitely de- termined where in the far west they would choose their new home. Wherever beyond the Rocky Moun-

( 419 )

470

THE MORMON BATTALION.

tains natural advantages of soil and climate might appear best supplemented by isolation and prospective non-interference, there should be established the new Zion. Apparently it was deemed likely that experi- mental settlements in several different regions might be maintained for some years before the final choice could be made. Yet there can be no doubt that Cal- ifornia was the spot on which Brigham Young and his followers had fixed their chief attention as proba- bly best adapted to their purpose. But there is nothing whatever to support the theory, more or less current among their enemies, that they intended to occupy the land in opposition to the United States, joining hands with Mexico or England if their own strength should not suffice. Existing and prospective international complications might for years be ex- pected to aid them in establishing themselves on the Pacific; later their policy would be dictated by their interests as limited by the possibilities; but the Mor- mons were always loyal to the republic, to the extent at least of preferring it to any other government than their own theocratic system. The settlers' revolt at Sonoma, the early occupation of the coast province by the United States, the rapid influx of gentile im- migrants, favorable prospects in the Salt Lake region, and the peculiar conditions resulting from the discov- ery of gold were the leading factors that fixed the Mormon realm in Utah rather than in California.

The Latter-day Saints believed they had just cause of complaint that the national government had refused to protect them against the oppressions which forced them to quit their homes in Missouri and Illinois, and they did not hesitate to apply at Washington for aid in their enforced exodus. There were roads to be opened, forts to be built along the transcontinental highway to Oregon, military and naval stores to be transported to the interior and to the western coast; in fact, there was work to be done for the government which the exiles could do as cheaply as anybody, and

471

PLAN TO OCCUPY CALIFORNIA.

the compensation would be of the greatest assistance to the migrating families. Application was also made for more direct aid. Elder Samuel Brannan's device seems to have been to share the profits with certain influential men at the national capital in return for aid, or at least for non-interference; though his con- traet was not approved by the church eouneil. But more on this matter elsewhere. Elder Jesse C. Little represented Mormon interests in the east, and in the letter of appointment and instructions to him, dated January 26, 1846, was the following suggestion: "If our government should offer facilities for emigrating to the western coast, embrace those facilities if pos- sible. As a wise and faithful man, take every honor- able advantage of the times you can." Armed with letters of introduction to prominent men, Little went to Washington, where with the aid of Amos Ken- dall, Thomas L. Kane, and others, he soon seeured the attention of President Polk, with whose plans respecting California the reader is familiar.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of California, Volume XXII, Part 49

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