until April of the next year, when he was in California, and could not know it until after Fremont was fixed upon to be arrested for that mutiny of which the governorship was the point. It stands to reason, then, that this part of the journal was altered nearly a year after it purports to have been written, and after the arrest of Fremont had been resolved upon; and so, while absolutely proving an alteration of the journal, explains the omission of all mention, of all reference to the governorship, the ignoring of which was absolutely essential to the institution of the charge of mutiny. Long afterwards, and without knowing a word of what Captain Johnston had written, or Lieutenant Emory had suppressed, Carson gave his own statement of that meeting with General Kearney, the identity of which, with the statement of Captain Johnston, is the identity of truth with itself. Thus:

"I met General Kearney, with his troops, on the 6th of October, about miles below Santa Fé. I had heard of their coming, and when I met them, the first thing I told them was that they were "too late" that California was conquered, and the United States flag raised in all parts of the country. But General Kearney said he would go on, and said something about going to establish a civil government. I told him a civil government was already established, and Colonel Fremont appointed governor, to commence as soon as he returned from the north, some time in that very month (October). General Kearney said that made no difference that he was a friend of Colonel Fremont, and he would make him governor himself. He began from the first to insist. on my turning back to guide him into California. I told him I could not turn back-that I had pledged myself to Commodore Stockton and Colonel Fremont to take their dispatches through to Washington City, and to return with dispatches as far as New Mexico, where my family lived, and to carry them all the way back if I did not find some one at Santa Fé that I could trust as well as I could myself that I had promised them I would reach Washington in sixty days, and that they should have return dispatches from the government in 120 days. I had perform so much of the journey in

the appointed time, and in doing so had already worn out and killed thirty-four mules-that Stockton and Fremont had given me letters of credit to persons on the way to furnish me with all the animals I needed, and all the supplies to make the trip to Washington and back in 120 days; and that I was pledged to them, and could not disappoint them; and besides, that I was under more obligations to Colonel Fremont than to any other man alive. General Kearney would not hear of any such thing as my going on. He told me he was a friend to Colonel Fremont and Colonel Benton, and all the family, and would send on the dispatches by Mr. Fitzpatrick, who had been with Colonel Fremont in his exploring party, and was a good friend to him, and would take the dispatches through, and bring back dispatches as quick as I could. When he could not persuade me to turn back, he then told me that he had a right to make me go with him, and insisted on his right; and I did not consent to turn back till he had made me believe that he had a right to order me; and then, as Mr. Fitzpatrick was going on with the dispatches, and General Kearney seemed to be such a good friend of the colonel's, I let him take me back; and I guided him through, but went with great hesitation, and had prepared every thing to escape the night before they started, and made known my intention to Maxwell, who urged me not to do so. More than twenty times on the road, General Kearney told me about his being a friend of Colonel Benton and Colonel Fremont, and all their family, and that he intended to make Colonel Fremont the governor of California; and all this of his own accord, as we were travelling along, or in camp, and without my saying a word to him about it. I say, more than twenty times, for I cannot remember how many times, it was such a common thing for him to talk about it.'

"Such was the statement of Mr. Carson, made to Senator Benton; and who, although rejected for a lieutenancy in the United States army because he did not enter it through the gate of the military academy, is a man whose word will stand wherever he is known, and who is at the head, as a guide, of the principal military successes in New Mexico. But why back his word?

The very dispatches he was carrying conveyed to the government the same information that he gave to General Kearney, to wit, that California was conquered and Fremont to be governor. That information was communicated to Congress by the President, and also sworn to by Commodore Stockton before the court-martial; but without any effect upon the majority of the members.

"Colonel Fremont was found guilty of all the charges, and all the specifications; and in the secrecy which hides the proceedings of courts-martial, it cannot be told how, or whether the members divided in their opinions; but circumstances always leak out to authorize the formation of an opinion, and according to these leakings, on this occasion four members of the court were against the conviction: to wit, Brigadier-general Brooke, President; Lieutenant-colonel Hunt; Lieutenant-colonel Taylor, brother of the afterwards President; and Major Baker, of the Ordnance. The proceedings required to be approved, or disapproved, by the President; and he, although no military man, was a rational man, and common reason told him there was no mutiny in the case. He therefore disapproved that finding, and approved the rest, saying:

"Upon an inspection of the record, I am not satisfied that the facts proved in this case constitute the military. crime of mutiny.' I am of opinion that the second and third charges are sustained by the proof, and that the conviction upon these charges warrants the sentence of the court. The sentence of the court is therefore ap proved; but, in consideration of the peculiar circumstances of the case, of the previous meritorious and valu. able services of Lieutenant-colonel Fremont, and of the foregoing recommendations of a majority of the members of the court, the penalty of dismissal from the service is remitted.

"Lieutenant-colonel Fremont will accordingly be released from arrest, will resume his sword, and report for duty. "JAMES K. POLK.'

Upon receiving notice of the result of the trial, Colonel

Fremont addressed the following letter to the Adjutantgeneral:

""WASHINGTON CITY, C STREET,
"February 19, 1848.

"SIR-I have this moment received the General Order, No. 7 (dated the 17th instant), making known to me the final decision in the proceedings of the general court-martial, before which I have been tried; and hereby send in my resignation of lieutenant-colonel in the army of the United States.

"In doing this, I take occasion to say that my reason for resigning is, that I do not feel conscious of having done any thing to merit the finding of the court; and, this being the case, I cannot, by accepting the clemency of the President, admit the justice of the decision against me.

666

Very respectfully, your obedient servant,
"J. C. FREMONT.'

"General Kearney had two misfortunes in this courtmartial affair: he had to appear as a prosecutor of charges which he swore before the court were not his; and he had been attended by West Point officers, envious and jealous of Fremont, and the clandestine sources of poisonous publications against him, which inflamed animosities, and left the heats which they engendered upon the head of General Kearney. Major Cooke and Lieutenant Emory were the chief springs of these publications, and as such were questioned before the court, but shielded from open detection by the secret decisions of the majority of the members.

"The secret proceedings of courts-martial are out of harmony with the progress of the age. Such proceedings should be as open and public as any other, and all parties left to the responsibility which publicity involves."

CHAPTER VIII.

FOURTH EXPEDITION.

MR. FREMONT had passed through one of those ordeals which try patriotic souls. In a Republican nation, to be arraigned upon a charge that involves life, and honor (far dearer to Fremont than life), because he had not passed through an aristocratic military school, was one of those cruel persecutions, which authority places, almost, beyond endurance. But courts-martial, in the United States, do not constitute the public; and in favor of Fremont, public sentiment was strong, decided, and universal. Yet he had suffered. No sooner did his aged and respected mother-and she was nearly related to General Washington-hear of the dangers that beset her son, than she became hopelessly ill. Fremont, hearing of this, hastened to her side, and arrived only in time to pay her remains the last tribute of filial love, honor, and respect; for she expired one day previously to his arrival. The people of his native city of Charleston, among whom he now was, not concurring in the verdict of the court-martial that so basely condemned him, honored him by a public ovation; passed resolutions expressive of their appreciation of his great public services; and presented him with a beautifully and richly gold and silver mounted sword, bearing various devices, illustrating the arms of the Palmetto State, and of his own many glorious achievements; to all of which was added the following inscription: