The conquest of California and New Mexico, by the forces of the United States, in the years 1846 & 1847, Part 10

Author: Cutts, James Madison
Publication date: 1847
Publisher: Philadelphia : Carey & Hart
Number of Pages: 280


USA > California > The conquest of California and New Mexico, by the forces of the United States, in the years 1846 & 1847 > Part 10


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On the 9th, Com. Sloat despatched a letter, by courier, to Don Pio Pico, the governor at Santa Barbara, informing him of the summons to Gen. Castro to surrender the country-of the procla- mation-assuring him that not the least impropriety had been com- mitted in the town, its business and social intercourse remaining undisturbed, and invites Pico to come to Monterey to assure him- self, &c., so that he may be satisfied, and through him the people of California, that "although he comes in arms with a powerful force, he comes as the best friend of California ;" concluding with the assurance that he had "already employed all the means in his power to stop the sacrifice of human life in the north," and of his belief that he shall succeed, "provided there is no further opposi- tion." To this no answer is known to have been returned.


On the 6th of July, Com. Sloat wrote :


FLAG SHIP SAVANNAH, Monterey, July 6, 1846.


SIR : Since I wrote you last evening, I have determined to hoist the flag of the United States at this place to-morrow, as I would prefer being sacrificed for doing too much than too little.


If you consider you have sufficient force, or if Fremont will join you, you will hoist the flag of the United States at Yerba Buena, or any other proper place, and take possession, in the name of the United States, of the fort, and that portion of the country.


I send you a copy of my summons to the military commandant of Monterey to surrender the place, and also my proclamation to the people of California, which you will have translated into Spanish, and promulgate many copies in both languages. I have sent a similar letter to Gen. Castro, with an addition of an invita- tion for him to meet me at this place to enter into a capitulation. I will send you a duplicate copy of these documents to-morrow, which I hope will reach you before the boat can get up. You will secure the bay of San Francisco as soon as possible, at all events. It is my intention to go up to San Francisco as soon as I can leave this, which I hope will not be many days.


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SEIZURE OF YERBA BUENA.


Mr. Larkin advises that you should not send by courier any thing that would do harm to make public; and should you have any thing that you consider important for me to know, you can send the launch down again.


I am very anxious to know if Capt. Fremont will co-operate with us. Mr. Larkin is writing to him by the launch, and you will please put him in possession of his letter as soon as possible. I have not time to write more at present.


Very respectfully, your obedient servant, &c.,


JOHN D. SLOAT, Commander-in-chief, &c.


To Commander J. B. MONTGOMERY,


U. S. ship Portsmouth, San Francisco.


A duplicate of this order, sent by land, was received by Com- mander Montgomery on the Sth, who, in a few hours after its receipt, despatched Lieut. Revere to Capt. John Grigsby, at -So- noura, with Com. Sloat's letter, and flags for him and Sutter's fort, on the Sacramento. At eight o'clock next morning, Com. Mont- gomery landed at Yerba Buena with seventy seamen and marines- hoisted the American flag in the public square, with twenty-one guns from the sloop of war Portsmouth, amid cheers from all quar- ters-addressed the people, and posted the proclamation on the flag-staff. The seamen and a few of the marines returned to the ship, without a man having left the ranks. Lieut. H. B. Watson, of the marine corps, remained with part of his guard, and was formally installed as military occupant of the post. The male residents of Yerba Buena were then called together, and a volunteer guard of thirty-two men at once enrolled, and electing their own offi- cers, were fully organized for emergency, under the direction of Lieuts. Missroon, of the navy, and Watson. At one o'clock, Lieut. Missroon was, by order, on his way to the Presidio and fort, with an armed party of this volunteer guard to ascertain their condition, &c. ; and that day promptly reported he had found the Presidio abandoned-the fort, about seven miles from the town, in a dilapi- dated condition, with three old Spanish pieces, made in 1623,


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SEIZURE OF YERBA BUENA.


1628, and 1693, besides three long iron forty-twos, and four smaller iron guns-all the iron guns lately spiked by Capt. Fremont, but that new vents might be drilled in the brass ones, &c. ; and that he had displayed the flag of the United States upon its ramparts. On the same day, Commander Montgomery ordered Purser Wat- mough to proceed to Santa Clara, and to the Pueblo, if necessary, to intercept Capt. Fremont, then on his march from the Sacra- mento, and deliver a notification of the change in the political con- dition of California-of the official notification of the existence of the war, and of Com. Sloat's request to see him in Monterey- " with a view to future arrangements and co-operation, at as early a period as possible." On the same day, Commander Montgo- mery issued a proclamation, calling upon "all the residents of the district, agreeably to the laws of the United States of America, regulating the militia, to enrol themselves into a military company, appoint their own officers, &c .- for the maintenance of order, and protection of property in Yerba Buena and its immediate neigh- bourhood ; and Henry B. Watson, Esq., was appointed military commandant pro tem. of all the marines and militia." On the 11th, Commander Montgomery informed Com. Sloat that the flag of the United States was then flying at Yerba Buena, at Sutter's fort, on the Sacramento, at Bodega, on the coast, and at Sonoura, and adds, "the protection of person and property which our flag promises to California and its inhabitants, seems to be generally hailed with satisfaction."


That day, says Commander Montgomery, the Juno, British 26 gun ship, arrived and anchored at Sausalita, &c. "On the appearance of that ship, the necessary preparation was made to defend our position, in the event of English opposition to our claims." It thus became necessary to withdraw the marines from the shore to the ship. Ashore the flag of the United States was committed, by Mr. Watson, to the care of the "Volunteer Guards of Yerba Buena, who " unanimously gave the strongest assurances that it should wave while a single man of the "Guards" lived to defend it.


A summons was sent, by Commander Montgomery, to the mili-


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CORPS OF DRAGOONS ORGANIZED.


tary commandant of that district, Don Francisco Sanchez, to deliver up arms, public property, &c., and to come in ; which he did, and stated that he possessed no public property, but indicated where several guns were buried.


Lieut. Missroon was ordered to the Mission of Dolores in search of arms, ammunition, &c., and the public documents of the district. No arms were found. A collection of public documents was made, carefully packed and sealed with the consulate seal, &c., and de- posited in the custom-house at Yerba Buena.


The details of gallant exploits and achievements in this quarter of the war are abundantly full of interest ; it is not, however, per- mitted in the plan of this work to do otherwise than sketch their outlines, hence the most concise official reports must be followed, however unwillingly.


At their request, on the 13th July, Com. Sloat furnished a flag to the foreigners of the Pueblo of San Jose, about seventy miles interior from Monterey, and appointed a justice of the peace, the, alcaldes declining to serve. On the 8th, Purser D. Fauntleroy, well qualified for such service, was ordered to organize a company of thirty-five dragoons, from volunteers from the ships and citi- zens, to reconnoitre the country, keep the communication open between Monterey and San Francisco, &c. Of this troop, passed Midshipman McLane was appointed first lieutenant. On the 17th, this command was ordered to reconnoitre as far as the mission of St. John's ; to take possession of that place, hoist the flag, and to recover ten brass guns, said to have been buried there when he retreated from that place. On his arrival there, Mr. Fauntleroy found the place had been taken possession of an hour or two pre- vious by Capt. Fremont, with whom he returned to Monterey on the 19th. Subsequently Mr. Fauntleroy garrisoned the mission of St. Johns-dug up and mounted the guns, and recovered a large quantity of powder and shot secreted there, and kept open the communication between St. Johns, the Pueblo of San Jose, and San Francisco.


From the return of Capt. Fremont with Mr. Fauntleroy resulted the first interview between the former and Com. Sloat.


119


COM. STOCKTON'S REPORT.


On the afternoon of the 15th, the frigate Congress arrived at Monterey, and Com. Stockton reported for duty.


On the 16th, the British admiral, Sir George Seymour, arrived in the Collingwood, 80. An officer was immediately sent to tender him the usual courtesies, &c., of the port. He was subsequently furnished with spars for his ship. On the 23d, Com. Stockton was ordered to the command on shore ; and on the 29th of July Com. Sloat found his infirm health so enfeebled by his arduous duties, that he determined to avail himself of a permission which had been given him, in his discretion, to assign the command to Com. Stockton, and sailed for Panama on his return home. "After encountering much peril and hardship, this gallant and meritorious officer arrived at the seat of government early in No- vember, 1846."*


The operations of Com. Stockton are rapidly sketched, by him- self, down to the 28th of August, in the following despatch :


CUIDAD DE LOS ANGELES,


August 28, 1846.


SIR : You have already been informed of my having, on the 23d of July, assumed the command of the United States forces on the west coast of Mexico. I have now the honour to inform you that the flag of the United States is flying from every commanding position in the territory of California, and that this rich and beauti- ful country belongs to the United States, and is for ever free from Mexican dominion.


On the day after I took this command I organized the "Cali- fornia battalion of mounted riflemen," by the appointment, of all the necessary officers, and received them as volunteers into the service of the United States. Capt. Fremont was appointed major, and Lieut. Gillespie captain of the battalion.


The next day they were embarked on board the sloop of war Cyane, Commander Dupont, and sailed from Monterey for San Diego, that they might be landed to the southward of the Mexican forces, amounting to 500 men, under Gen. Castro and Governor


* Secretary Mason's Report, 5th Dec. 1846. .


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COM. STOCKTON'S REPORT.


Pico, and who were well fortified at the "Camp of the Mesa," three miles from this city.


A few days after the Cyane left, I sailed in the Congress for San Pedro, the port of entry for this department, and thirty miles from this place, where I landed with my gallant sailor army, and marched directly for the redoubtable "Camp of the Mesa."


But when we arrived within twelve miles of the camp, General Castro broke ground and run for the city of Mexico. The go- vernor of the territory, and the other principal officers, separated in different parties, and ran away in different directions.


Unfortunately, the mounted riflemen did not get up in time to head them off. We have since, however, taken most of the principal officers : the rest will be permitted to remain quiet at home, under the restrictions contained in my proclamation of the 17th.


On the 13th of August, having been joined by Major Fremont with about eighty riflemen, and M. Larkin, late American consul, we entered this famous "City of the Angels," the capital of the Californias, and took unmolested possession of the government house.


Thus, in less than a month after I assumed the command of the United States force in California, we have chased the Mexican army more than three hundred miles along the coast ; pursued them thirty miles in the interior of their own country ; routed and dispersed them, and secured the territory to the United States ; ended the war; restored peace and harmony among the people ; and put a civil government into successful operation.


The Warren and Cyane sailed a few days since to blockade the west coast of Mexico, south of San Diego; and having almost finished my work here, I will sail in the Congress as soon as the store-ship arrives, and I can get supplied with provisions, on a cruise for the protection of our commerce; and dispose of the other vessels as most effectually to attain that object, and at the same time to keep the southern coast strictly blockaded.


When I leave the Territory, I will appoint Major Fremont to be governor, and Lieut. Gillespie to be secretary.


121


COM. STOCKTON'S PROCLAMATION.


I enclose you several papers, marked from 1 to 14 inclusive, including this letter, and the first number of the "Californian," by which you will see what sort of a government I have esta- blished, and how I am proceeding.


I have not time to specify individual merit ; but I cannot omit to say, that I do not think that ardent patriotism and indomitable courage have ever been more evident than amongst the officers and men, 360 in number, from the frigate Congress, who accom- panied me on this trying and hazardous march-a longer march, perhaps, than has ever been made in the interior of a country by sailors, after an enemy. I would likewise say, that the conduct of the officers and men of the whole squadron has been praise- worthy.


I have received your despatch of the 13th of May, and at the same time a Mexican account of the proceedings of Congress, and the President's proclamation, by the United States ship Warren, from Mazatlan.


Faithfully, your obedient servant,


R. F. STOCKTON.


To the Hon. GEORGE BANCROFT,


Secretary of the Navy, Washington, D. C.


The despatch had been sent overland from Chagres, and arrived on the 19th of August. It will thus be seen, at what distant time the President's proclamation reached the distant scene, where vic- tory had already crowned the arms of the republic. The instruc- tions of a subsequent date were, of course, still on the way.


Meanwhile, the proclamation, indicated in the above letter, had been issued, as follows :-


TO THE PEOPLE OF CALIFORNIA !


On my approach to this place with the forces under my com- mand, José Castro, the commandant-general of California, buried his artillery, and abandoned his fortified camp " of the Mesa," and fled, it is believed, towards Mexico.


With the sailors, the marines, and the California battalion of mounted Riflemen, we entered the "City of the Angels," the


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COM. STOCKTON'S PROCLAMATION.


capital of California, on the 13th of August, and hoisted the North American flag.


The flag of the United States is now flying from every com- manding position in the territory, and California is entirely free from Mexican dominion.


The Territory of California now belongs to the United States, and will be governed, as soon as circumstances will permit, by officers and laws similar to those by which the other Territories of the United States are regulated and protected.


But, until the governor, the secretary, and council are ap- pointed, and the various civil departments of the government are arranged, military law will prevail, and the commander-in-chief will be the governor and protector of the Territory.


In the mean time the people will be permitted, and are now re- quested, to meet in their several towns and departments, at such time and place as they may see fit, to elect civil officers to fill the places of those who decline to continue in office, and to adminis- ter the laws according to the former usages of the Territory. In all cases where the people fail to elect, the commander-in-chief and governor will make the appointments himself.


All persons of whatever religion or nation, who faithfully ad- › here to the new government, will be considered as citizens of the Territory, and will be zealously and thoroughly protected in the liberty of conscience, their persons, and property.


No persons will be permitted to remain in the Territory who do not agree to support the existing government ; and all military men who desire to remain, are required to take an oath that they will not take up arms against it, or do or say any thing to disturb its peace.


Nor will any persons, come from where they may, be permitted to settle in the Territory, who do not pledge themselves to be, in all respects, obedient to the laws which may be from time to time enacted by the proper authorities of the Territory.


All persons who, without special permission, are found with arms outside of their own houses, will be considered as enemies, and will be shipped out of the country.


123


FORM OF GOVERNMENT.


All thieves will be put to hard labour on the public works, and there kept until compensation is made for the property stolen.


The California battalion of mounted Riflemen will be kept in the service of the Territory, and constantly on duty, to prevent and punish any aggressions by the Indians, or any other persons, upon the property of individuals, or the peace of the Territory ; and California shall hereafter be so governed and defended as to give security to the inhabitants, and to defy the power of Mexico.


All persons are required, as long as the Territory is under mar- tial law, to be within their houses from ten o'clock at night, until sunrise in the morning.


R. F. STOCKTON,


Commander-in-chief and Governor of the Territory of California. CUIDAD DE LOS ANGELES, August 17, 1846.


The form of government established, was announced as fol- lows :-


"I, Robert F. Stockton, commander-in-chief of the United States forces in the Pacific ocean, and governor of the Territory of Cali- fornia, and commander-in-chief of the army of the same, do here- by make known to all men, that, having by right of conquest taken possession of that territory known by the name of Upper and Lower California, do now declare it to be a Territory of the United States, under the name of the Territory of California.


" And I do by these presents further order and decree, that the government of the said Territory of California shall be, until al- tered by the proper authority of the United States, constituted in manner and form as follows; that is to say :


"The executive power and authority in and over the said Ter- ritory shall be vested in a governor, who shall hold his office for four years, unless sooner removed by the President of the United States. The governor shall reside within the said Territory ; shall be commander-in-chief of the army thereof; shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve of all laws passed by the legislative council before they shall take effect. He may grant pardons for


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FORM OF GOVERNMENT.


offences against the laws of the said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon : he shall commis- sion all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed.


"There shall be a secretary of the said Territory, who shall re- side therein, and hold his office for four years, unless sooner re- moved by the President of the United States. He shall record and preserve all the laws and proceedings of the legislative coun- cil hereinafter constituted, and all the acts and proceedings of the governor in his executive department. He shall transmit one copy of the laws, and one copy of the executive proceedings, on or before the first Monday in December in each year, to the Pre- sident of the United States; and, at the same time, two copies of the laws to the Speaker of the House of Representatives, for the use of Congress. And, in case of the death, removal, resignation, or necessary absence of the governor from the Territory, the se- cretary shall have, and he is hereby authorized and required to execute and perform all the powers and duties of the governor dur- ing such vacancy or necessary absence.


" The legislative power shall be vested in the governor and le- gislative council. The legislative council shall consist of seven persons, who shall be appointed by the governor for two years ; after which they shall be annually elected by the people.


"The power of the legislative council of the Territory shall extend to all rightful subjects of legislation; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the land or property of non-residents be taxed higher than the lands or other property of residents.


" All the laws of the legislative council shall be submitted to, and if disapproved by the governor, the same shall be null and of no effect.


" The municipal officers of cities, towns, departments, or dis- tricts, heretofore existing in the Territory, shall continue to exist.


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FORM OF GOVERNMENT.


and all their proceedings be regulated and controlled by the laws of Mexico, until otherwise provided for by the governor and legis- lative council.


" All officers of cities, towns, departments, or districts, shall be elected every year by the people, in such a manner as may be provided by the governor and legislative council.


"The legislative council of the Territory of California shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct ; and at said session, or as soon thereafter as may by them be deemed expedient, the said governor and legislative council shall proceed to locate and establish the seat of government for said territory, at such place as they may deem eligible ; which place, however, shall thereafter be subject to be changed by the said governor and legislative coun- cil, and the time and place of the annual commencement of the session of the said legislative council thereafter shall be on such day and place as the governor and council may appoint."


. On the 15th of August, 1846, Com. Stockton adopted a tariff of duties on all goods imported from foreign ports of fifteen per cent. ad valorem, and a tonnage duty of fifty cents per ton on all foreign vessels.


On the 22d of August, the elections were ordered to be held on the 15th of the following month, when Walter Colton, Esq., the chaplain of the frigate Congress, was declared duly elected Al- calde of Monterey. There were seven competitors for this office, and 338 votes, out of which Mr. Colton received sixty-eight. In San Juan, Mathew Felon was elected alcalde, and the councillors chosen were Messrs. Hartnall, Spence, Dias, &c.


Meanwhile, Messrs. Colton and Semple had established a news- paper, and on the 5th of August was published the first number of "The Californian."


In this situation of affairs was issued the following order :-


CUIDAD DE LOS ANGELES, August 24, 1846.


SIR :- By the Mexican newspapers, I see that war has been declared both by the United States and Mexico, and the most L 2


126


COL. FREMONT MADE GOVERNOR.


vigorous measures have been adopted by Congress to carry it to a speedy conclusion.


Privateers will, no doubt be fitted out to prey upon our com- merce ; and the immense value of that commerce in the Pacific ocean, and the number of valuable men engaged in it, require immediately all the protection that can be given to them by the ships under my command.


I must, therefore, withdraw my forces from California as soon as it can be safely done, and as soon as you can enlist men enough to garrison this city, Monterey, San Francisco, Santa Barbara, and San Diego, and to have a sufficient force besides to watch the Indians and other enemies.


For these purposes, you are authorized and required to increase your present force to 300 men.


Fifty for San Francisco, fifty for Monterey, twenty-five for Santa Barbara, fifty for this city, and twenty-five for San Diego, and 100 to be kept together, with whom, those in the several garrisons can, at a short notice, be called upon at any time, in case of neces- sity, to act.


I propose, before I leave the territory, to appoint you to be the governor, and Captain Gillespie the secretary thereof; and to ap- point also the council of state, and all the necessary officers.


You will, therefore, proceed without delay to do all you can to further my views and intentions thus frankly manifested. Sup- posing that by the 25th of October, you will have accomplished your part of these preparations, I will meet you at San Francisco on that day, to complete the whole arrangement, and to place you as governor over California.


You will dispose of your present force in the following man- ner, which may be hereafter altered as occasion may require :-


Capt. Gillespie to be stationed at this city, with fifty men and officers in the neighbourhood ; twenty-five men, with an officer, at Santa Barbara ; fifty men and officers at Monterey, and fifty at San Francisco.




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