USA > California > Los Angeles County > Los Angeles > Los Angeles from the mountains to the sea : with selected biography of actors and witnesses to the period of growth and achievement, Volume I > Part 16
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As we neared the thicket, we received the scattering fire of the enemy's sharp-shooters. At the same moment, we saw him place four pieces of artillery on the hill, so as to command the passage. A squadron of 250 cavalry just showed their heads above the hill, to the right of the battery, and the same number were seen to occupy a position on the left.
The 2d. battalion was ordered to deploy as skirmishers, and cross the river. As the line was about the middle of the river, the enemy opened his battery, and made the water fly with grape and round shot. Our artillery was now ordered to cross-it was unlimbered, pulled over by the men, and placed in counter battery on the enemy's side of the river. Our people, very brisk in firing, made the fire of the enemy wild and uncertain. Under this cover, the wagons and cattle were forced with great labor across the river, the bottom of which was quicksand.
Whilst this was going on, our rear was attacked by a very bold charge, and repulsed.
On the right bank of the river there was a natural ban- quette, breast high. Under this the line was deployed. To this accident of the ground is to be attributed the little loss we sustained from the enemy's artillery, which showered grape and round shot over our heads. In an hour and twenty
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minutes our baggage train had all crossed, the artillery of the enemy was silenced, and a charge made on the hill.
Half-way between the hill and river, the enemy made a furious charge on our left flank. At the same moment, our right was threatened. The 1st. and 2d. battalions were thrown into squares, and after firing one or two rounds, drove off the enemy. The right wing was ordered to form a square, but seeing the enemy hesitate, the order was countermanded; the 1st. battalion, which formed the right, was directed to rush for the hill, supposing that would be the contested point, but great was our surprise to find it abandoned.
The enemy pitched his camp in the hills in view, but when morning came, he was gone. We had no means of pursuit, and scarcely the power of locomotion, such was the wretched conditions of our wagon train. The latter it was still deemed necessary to drag along for the purpose of feeding the garri- son, intended to be left in the Ciudad de los Angeles, the report being that the enemy intended, if we reached that town, to burn and destroy every article of food. Distance 9.3 miles.
January 9 .- The grass was very short and young, and our cattle were not much recruited by the night's rest; we com- menced our march leisurely, at 9 o'clock, over the "Mesa," a wide plain between the Rio San Gabriel and the Rio San Fernando.
Scattering horsemen, and small reconnoitering parties, hung on our flanks. After marching five or six miles, we saw the enemy's line on our right, above the crest made by a deep indentation in the plain.
Here Flores addressed his men, and called on them to make one more charge; expressed his confidence in their ability to break our line; said that "yesterday he had been deceived in supposing that he was fighting soldiers."
We inclined a little to the left to avoid giving Flores the advantage of the ground to post his artillery; in other re- spects we continued our march on the Pueblo as if he were not in view.
When we were abreast of him, he opened his artillery at a long distance, and we continued our marchi without halt- ing, except for a moment, to put a wounded man in the cart,
SUNNY, BEAUTIFUL PASADENA OF TODAY Upper View : Orange Grove Avenue. Lower : Typical Pasadena Street
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and once to exchange a wounded mule, hitched to one of the guns.
As we advanced, Flores deployed his force, making a horse shoe in our front, and opened his nine-pounders on our right flank, and two smaller pieces on our front. The shot from the nine-pounders on our flank was so annoying that we halted to silence them. In about fifteen minutes this was done, and the order "forward" again given, when the enemy came down on our left flank in a scattering sort of charge; and notwith- standing the efforts of our officers to make their men hold their fire, they, as is usually the case under similar circum- stances, delivered it whilst the Californians were yet about a hundred yards distant. The fire knocked many out of their saddles and checked them. A round of grape was then fired upon them and they scattered. A charge was made simulta- neously with this as the beginning of the fight, but it was the end of it. The Californians, the most expert horsemen in the world, stripped the dead horses on the field, without dismount- ing, and carried off most of their saddles, bridles, and all their dead and wounded on horseback to the hills to the right.
It was now about three o'clock, and the town, known to contain great quantities of wine and aguardiente, was four miles distant. From previous experience of the difficulty of controlling men when entering towns, it was determined to cross the river San Fernando, halt there for the night, and enter the town in the morning with the whole day before us. The distance today is 6.2 miles.
After we had pitched our camp, the enemy came down from the hills and 400 horsemen, with the four pieces of artillery, drew off towards the town, in order and regularity, whilst about sixty made a movement down the river, on our rear and left flank. This led us to suppose they were not yet whipped, as we thought, and that we should have a night attack.
January 10 .- Just as we had raised our camp, a flag of truce, borne by Mr. Celis, a Castilian, Mr. Workman, an Eng- lishman, and Alvarado, the owner of the rancheria at the Alisos, was brought into camp. They proposed, on behalf of the Californians, to surrender their dear City of the Angels,
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provided we would respect property and persons. This was agreed to; but not altogether trusting to the honesty of Gen- eral Flores, who had once broken his parole, we moved into the town in the same order we should have done if expecting an attack.
It was a wise precaution, for the streets were full of des- perate and drunken fellows who brandished their arms and saluted us with every term of reproach. The crest, overlook- ing the town, in rifle range was covered with horsemen en- gaged in the same hospitable manner. One of them had on a dragoon's coat, stolen from the dead body of one of our soldiers after we had buried him at San Pasqual.
Our men marched steadily on until crossing the ravine leading into the public square, when a fight took place amongst the Californians on the hill; one became disarmed, and to avoid death rolled down the hill towards us, his adversary pursuing and lancing him in the most cold-blooded manner. The man tumbling down the hill was supposed to be one of our vaqueros, and the cry of "rescue him" was raised. The crew of the Cyane, nearest the scene, at once and without any or- ders, halted and gave the man that was lancing him a volley; strange to say, he did not fall. Almost at the same instant, but a little before it, the Californians from the hill did fire on the vaqueros. The rifles were then ordered to clear the hill, which a single fire effected, killing two of the enemy.
We were now in possession of the town; great silence and mystery was observed by the Califorians in regard to Flores; but were given to understand that he had gone to fight the force from the north, drive them back, and then starve us out of the town.
Towards the close of the day we learned very certainly that Flores, with 150 men, chiefly Sonorians and desperadoes of the country, had fled to Sonora, taking with him four or five hundred of the best horses and mules in the country, the property of his own friends. The silence of the Californians was now changed into deep and bitter curses upon Flores.
Some slight disorder took place among our men at night, from the facility of getting wine, but the vigilance of the offi- cers soon suppressed it.
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January 11 .- It rained torrents all day. I was ordered to select a site, and place a fort, capable of containing a hundred men; with this in view, a rapid reconnaissance of the town was made, and the plan of a fort sketched, so placed as to enable a small garrison to command the town and the prin- cipal avenues to it. The plan was approved. Many men came in during the day and surrendered themselves.
Jannary 12 .- I laid off the work, and, before night, broke the first ground. The population of the town, and its de- pendencies, is about 3,000; that of the town itself, about 1,500. It is the center of wealth and population of the Mexico-Cali- fornian people, and has heretofore been the seat of govern- ment. Close under the base of the mountains, commanding the passes to Sonora, cut off from the north by the pass at Santa Barbara, it is the center of the military power of the Califor- nians. Here all the revolutions have had their origin, and it is the point upon which any Mexican force from Sonora would be directed. It was therefore desirable to establish a fort, which, in case of trouble, should enable a small garrison to hold out till aid might come from San Diego, San Francisco, or Monterey, places which are destined to become centers of American settlements.
January 13 .- It rained steadily all day, and nothing was done on the work; at night I worked on the details of the fort.
Thursday 14 .- We drank today the wine of the country, manufactured by Don Luis Vigne, a Frenchman. It was truly delicious, resembling more the best description of Hock than any other wine.
Many bottles were drunk leaving no headache or acidity on the stomach. We obtained from the same gentleman a profusion of grapes and Inscious pears, the latter resembling in color and taste the Bergamot pears, but different in shape, being longer and larger.
January 15 .- The details to work on the fort were by companies. I sent to Captain Tilghman who commanded on the hill, to detach one of the companies under his command to commence the work. He furnished, on the 16th, a com- pany of artillery (seamen from the Congress) for the day's
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work, which they performed bravely, and gave me great hopes of success.
January 18, 19 and 20 .- I received special orders which separated me from the command, and the party of topo- graphical engineers that had been so long under my orders.
The battles of the 6th, December, and the 8th and 9th, January, had forever broken the Mexican authority in Cali- fornia, and they were daily coming in, in large parties, to sue for peace, and every move indicated a sincere desire on the part of the more respectable portion of the Californians to yield without further struggle to the United States authorities; yet small parties of the more desperate and revengeful hung about the mountains and roads; refusing or hesitating to yield obedience to their leaders, who now, with great unanimity, determined to lay down their arms. General Flores, with a small force, was known to have taken the road to Sonora, and it was believed he was on his way to that province, never to return to California.
So much for Captain Emory's diary. I have gone over these old matters in years past and have set forth in my book "California" the aftermath of that unrestful and somewhat distressful time. And perhaps I can do no better here than to repeat what I said in my former work. This is the way the situation appeared to me as the incidents of it came to a close :
With Stockton and Kearney in full possession of Los Angeles, and Fremont encamped in the old Mission San Fer- nando, a few miles away, the Californians gave up all hope and tried to make the best terms they could with the con- querors. They seemed to think they would fare better with Fremont and, accordingly, they sent a delegation to him from their hiding places in the hills. Fremont received the mes- sengers courteously and gave them to understand that he would accept their surrender. He moved his forces south- ward through the Cahuenga Pass to a point which was prob- ably the outskirts of Hollywood, and there on January 13, 1847, the famous treaty of capitulation was signed, bearing the signatures of Col. John C. Fremont as Commander of the American forces on the ground, and of Andres Pico, Com-
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mandante of the Californian forces. Flores, the Californian Commander-in-Chief, was not present, he having turned over the command to Andres Pico just before this meeting and, taking to his heels, had fled to the far-away haven of Sonora.
The treaty was drawn up in both Spanish and English and stipulated that the Californians should deliver up their artillery and public arms, return peaceably to their homes, conform to the laws and regulations of the United States and aid and assist in placing the country in a state of peace and tranquillity. Colonel Fremont on his part guaranteed the Californians protection of life and property whether on pa- role or otherwise.
Colonel Fremont sent the document to General Kearney at Los Angeles and the next day proceeded with his forces to that city. The war was at an end.
Many bitter controversies and wretched quarrels grew out of the conflicting claims of the various military and naval officers who participated in the conquest of California, and out of the maze of testimony, pro and con, it is difficult to determine who was right and who was wrong. Indeed, in the light of the evidence furnished from many sources, it appears that there was a measure of justice in the claims of both the military and naval authorities in California. Kear- ney and Stockton, Fremont and Mason, were all men of ac- tion and ambition. California was a long way from the seat of government. Instructions had been issued from both the War and Navy Departments at Washington to respective officers. Had there been greater unity of action at Washing- ton, and clearer expression of the President's wishes with respect to the occupation of California, it is probable that much of the friction which sprung up on the Pacific Coast might have been avoided.
It appears clear that Kearney, whose instructions have been heretofore quoted, made known to Stockton at San Diego that he felt himself authorized to assume supreme authority in California. Stockton later testified that he offered to relinquish authority at San Diego and that Kear- ney declined or neglected to assume it. Kearney was then suffering from wounds inflicted at San Pasqual, and he had
Vol. 1-12
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lost several of his officers and men who had marched across the plains with him, and to whom he must have been deeply attached. Doubtless the physical and mental conditions pro- duced by these experiences, and his realization that Stockton had a large naval force and had really made considerable headway in the occupation of California, led Kearney to defer the assumption of the authority with which his instruc- tions vested him. In any event, Stockton assumed full com- mand of the forces in the march to Los Angeles and con- tinued the extension of his claims as governor. Kearney, on reaching Los Angeles, began to resent Stockton's assump- tion of authority, and with this attitude on his part came a more determined position on the part of Stockton.
Fremont, who was approaching Los Angeles, reported to Kearney on learning that Kearney was at Los Angeles, but upon the signing of the treaty at Cahuenga (Hollywood), perhaps, suspicioning that there might be a clash of author- ity, he sent an officer to Los Angeles with the treaty, instead of immediately going himself. Kearney at last formally requested Stockton to exhibit his authority for the proposed organization of a civil government, stating that if he was without such authority he must demand that Stockton cease his activities in that line. Stockton replied that a civil gov- ernment had been established before the arrival of Kearney, and that he would not yield to Kearney's request. He at once suspended, or attempted to suspend Kearney from command of the forces at Los Angeles.
So far as the order related to sailors and marines Stock- ton probably was within his powers. Kearney then exhibited his authority from the War Department to Fremont and issued certain instructions regarding the management of troops under Fremont's command. Fremont refused to obey on the grounds that he had accepted his instructions from Stockton, had been appointed Governor of California by Stockton, and that he recognized Stockton as having superior authority. Finding himself without power to enforce his in- structions and commands, Kearney at once marched with his dragoons back to San Diego, four days after the signing of the treaty at Cahuenga.
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A battalion of Mormon volunteers, 300 strong, had now arrived at San Diego, and these troops were left at San Luis Rey while Kearney sailed for Monterey. At Monterey Kear- ney found Commodore W. Branford Shubrick, who had ar- rived on January 22, to succeed Stockton. Commodore Shub- rick had already addressed a communication to Fremont, not knowing of General Kearney's presence in California. Stock- ton, on January 19, left Fremont in charge at Los Angeles, having commissioned him Governor, and sailed north. Stock- ton had also appointed a Legislative Council on the sixteenth, but no session of that body was ever held, due principally to the unwillingness of those selected to serve. For a period of about fifty days Fremont was recognized by a portion of the population of California, at least, as Governor.
On February 12, Col. Richard B. Mason arrived in San Francisco with instructions from Washington which clearly indicated that the senior officer of the land forces was to be Civil Governor. Mason was sent to succeed Kearney, as soon as Kearney could shape matters to leave. Commodore Shubrick, who had succeeded Stockton and who had already recognized Kearney's authority, now joined Mason in a pub- lic statement wherein Mason was declared to be governor, and Monterey the capital. On March 2d, Commodore Biddle arrived to succeed Shubrick. All officers, naval and military, with the exception of Stockton and Fremont, were acting in harmony. About this time there arrived in San Francisco the first detachment of a regiment sent out under Colonel Stevenson from New York.
General Kearney, now having adequate moral and mili- tary support, sent instructions to Fremont and other officers in command in the south. Among other things, Fremont was directed to report at Monterey.
After instructing Captain Owens, in command of the bat- talion at San Gabriel, to refuse to obey any instructions that might reach him from any source save himself, Fremont left for Monterey, arriving there on March 25th. On the same evening in the company of Thos. O. Larkin he paid a formal call on Kearney. The next day an interview was arranged between Kearney and Fremont. Fremont objected to the
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presence of Colonel Mason. At this point Kearney demanded that Fremont state whether he intended to obey his orders or not. Fremont left Kearney's presence without commit- ting himself, but later in the day expressed a willingness to obey instructions, having first tendered his resignation from the army, which was refused.
Fremont then returned to Los Angeles. Mason followed early in April and called on Fremont for a list of appoint- ments made by him and for all records, civil and military, in his possession. Before leaving Los Angeles, Colonel Mason became involved in a quarrel with Fremont which led to a challenge for a duel which was never fought, though both parties doubtless had the spirit and courage to end their dif- ficulties in that manner.
After much friction between Fremont and the officers in the north, General Kearney, on May 31st, with an escort, left Monterey for Washington by a northern route. Under or- ders of Kearney, Fremont was required to accompany him. Fort Leavenworth was reached on August 22, and here Fre- mont was placed under arrest and ordered to report to the Adjutant General at Washington.
With the end of all these troubles Los Angeles settled down to its fate and its undreamed-of destiny as an Ameri- can city. The Act of Incorporation as passed by the State Legislature was approved by California's first American Governor, Honorable Peter H. Burnett, April 4, 1850, and was as follows:
An Act to incorporate the City of Los Angeles.
The people of the State of California represented in Sen- ate and Assembly, do enact as follows:
Section 1. All that tract of land included within the limits of the Pueblo de Los Angeles, as heretofore known and acknowledged, shall henceforth be known as the City of Los Angeles; and the said City is hereby declared to be incor- porated according to the provisions of the act, entitled "An act to provide for the incorporation of cities," approved March 18, 1850 :
Provided, however, that if such limits include more than four square miles, the Council shall within three months
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after they are elected and qualified, fix by ordinance the limits of the city, not to include more than said quantity of land, and the boundaries so determined shall henceforth be the boundaries of the city.
Sec. 2. The number of Councilmen shall be seven. The first election of city officers shall be on the second Monday of May next.
Sec. 3. The corporation created by this act, shall suc- ceed to all the rights, claims and powers of the Pueblo de Los Angeles in regard to property, and shall be subject to all the liabilities incurred and obligations created by the Ayunta- miento of said Pueblo.
JOHN BIGLER, Speaker of House of Assembly. E. KIRBY CHAMBERLAIN,
President pro tem of the Senate.
A map of the city on which boundary lines were estab- lished as a basis for the above-mentioned Act of Incorporation had been made the year before, namely, in 1849, by Lieutenant Ord. The incident is famous in history as "Ord's Survey," and the circumstances which brought the survey about are both quaint and interesting. Fortunately, we have an authentic record of the same taken from the minutes of the Town Council of Los Angeles for June 9, 1849. This is the record of the minutes:
"In view of a note received from the superior territorial Government, ordering the making of a city map to serve as a basis for granting vacant city lots out of the unappropriated lands belonging to the municipality, Council resolved :
"1st. That the said Superior Government be assured of the committee's desire to give prompt and due compliance to its order, and to inform the same that there is no city map in existence whereby concessions of land may be made, and, furthermore that there is no surveyor in this town who could get up such a map.
"2nd. That this Honorable body desiring to have this done, requests the territorial government to send down a sur- veyor to do this work, for which he will receive pay out of the municipal funds, and should they not suffice, by reason of
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other demands having to be met, then he can be paid with unappropriated lands should the government give its consent.
"Your committee charged by your Honorable body with the duty of conferring with Lientenant Ord, the surveyor who is to get out a map of this city, has had a conference with that gentleman and he offers to make a map of the city, demarking thereon in a clear and exact manner, the boundary lines and points of the municipal lands, for which work he demands a compensation of fifteen hundred dollars in coin, ten lots se- lected from among those demarked on the map and vacant lands to the extent of one thousand varas, in sections of 200 varas each, and wheresoever he may choose to select the same, or in case this proposition is refused, then he wants to be paid the sum of three thousand dollars in cash. Your committee finds the first proposition very disadvantageous to the city, because conceding to the surveyor the right to select not only the said ten lots, but also the thousand varas of vacant land, the city would deprive itself of the most desirable lands and lots which some future day may bring more than three thou- sand dollars.
"The City funds cannot now defray this expense, but should your Honorable body deem it indispensable a loan of that amount may be negotiated, pledging the credit of the City Council and paying an interest of one per cent a month; this loan could be repaid with the proceeds of the sale of the first lots disposed of."
"The same day the president was authorized to negotiate a loan of three thousand dollars and provision was made for the sale of lots from the proceeds of which the loan was to be paid.
"On the 19th day of September the syndic, Juan Temple, submitted to the Council the 'Finished city map, as well as a receipt showing that he had paid the surveyor the sum of three thousand dollars, this amount being a loan made by him to the city, to enable it to pay for the map."
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