by any force then on the Pacific coast, without the aid of the California battalion; and that, had it not been consummated by the Treaty of Couenga, a 'bloody, vexatious, and predatory warfare,' would surely have been protracted for an indefinite length of time. The whole western slope of the Sierra Nevada would have afforded safe retreats, inaccessible to naval and even regular military forces, from which ravaging parties would have rushed down upon the plains, and where insurrectionary movements would have been fomented perpetually. Fremont terrified the Californians and the Indians by the celerity and boldness of his movements, and he conquered their hearts by the good conduct of his men, and the moderation and clemency of his policy."

In a dispatch from General Kearney, to the War Department at Washington, dated Ciudad de los Angeles, January, 14th, 1847, he says:

"This morning, Lieutenant-Colonel Fremont, of the regiment of mounted riflemen, reached here with four hundred volunteers from the Sacramento; the enemy capitulated with him yesterday, near San Fernando, agreeing to lay down their arms, and we have now the prospect of having peace and quietness in this country, which I hope may not be interrupted again."

CHAPTER IX.

ORIGIN OF THE CONTROVERSY BETWEEN COLONEL FREMONT KEARNEY-IS ORDERED BY GENERAL

AND GENERAL

KEARNEY NOT TO RE-ORGANIZE THE CALIFORNIA BATTALION-HIS REPLY-GENERAL KEARNEY CLAIMS THE COMMAND OF THE CALIFORNIAN ARMY COMMODORE STOCKTON REFUSES ΤΟ YIELD IT-THEIR CORRESPONDENCE-NEW INSTRUCTIONS FROM WASHINGTON-KEARNEY TAKES THE COMMAND FREMONT IS ORDERED HOME HOSTILE CORRESPONDENCE WITH COL. MASON—ARRESTED AT FORT LEAVENWORTH-INVITED TO A PUBLIC DINNER AT ST. LOUIS-LETTER DECLINING THE INVITATIONARRIVES AT WASHINGTON.

THE differences between General Kearney and Commodore Stockton, alluded to in the foregoing dispatch, originated primarily in the indefiniteness of the instructions which were issued from the seat of government. Those addressed to the naval commanders on the Pacific, in their judgment justified the organization of a military force and a civil government in California, and under those instructions Commodore Stockton authorized Fremont to organize the California battalion and take its command with the title of Major. By virtue of those, he likewise took the necessary steps for the organization of a civil govern

ment for California and invested Fremont with the title and responsibilities of Governor.

As soon as these results were consummated, Kit Carson was sent with an escort of fifteen men to bear the intelligence overland to Washington, as soon as possible. Just as he had crossed the desert and was approaching the American frontier, he was met by General Kearney with a small force of dragoons marching westward, under instructions from his government to conquer California and organize a civil government in the territory, a work which had already been successfully accomplished.

Upon learning what had occurred, Kearney insisted upon Carson's returning with him as his guide to California, having forwarded the dispatches to Washington by another messenger of his own selection. Upon the general's arrival at Los Angeles, the capital of California, and the seat of the new government, the contest soon rose between himself and Commodore Stockton, which is referred to in the commodore's dispatch. The process by which Colonel Fremont became involved in this controversy is obvious. He held a commission in the army as lieutenant of topographical engineers, and as such was primarily subject to the orders of his superior general officer of the army. He had since yielded to the exigencies of the occasion, and from motives and for reasons which cannot be impeached, waived any privileges he might have claimed, as the real conqueror of North California, and in point of rank, the superior representative of the army on the Pacific coast, and with his men, volunteered to serve under Commodore Stockton in the farther prosecution of the war in South California, the subjugation of which could

not be so successfully effected without the aid of a fleet. By accepting the governorship of California, a vacancy had been created in the command of the California battalion and other changes had become necessary. The first intimation which Colonel Fremont received of General Kearney's intention to test the validity of Commodore Stockton's acts through him, was conveyed in the following note.

"HEADQUARTERS, ARMY OF THE WEST, "CIUDAD DE LOS ANGELES, January 16, 1847.

"By direction of Brigadier General Kearney, I send you a copy of a communication to him from the Secretary of War, dated June 18, 1846, in which is the following, 'These troops and such as may be organized in California will be under your command.' The general directs that no change will be made in the organization of your battalion of volunteers or officers appointed in it, without his sanction or approval being first obtained.

"WM. F. EMORY.

"Lieutenant and Acting Assistant Adjutant General."

This note at once raised the question whether he was to obey General Kearney, and thereby, so far as his example could go, invalidate the acts of Commodore Stockton, in which he had co-operated, or obey Commodore Stockton, and so far as his decision would go, sustain the validity of those proceedings which he believed to be both legal and patriotic. If he took the former course he incurred the liability to be arraigned and, in his judgment, justly disgraced for disobeying an officer whose rank and authority he had deliberately recognized; and he further incurred the charge of base ingratitude towards an officer whose courtesy and confidence

he had shared, whose conduct he had approved, and who unexpectedly found himself in a situation to need the support of his friends. Fremont was incapable of deserting either a friend or what he deemed his post of duty; he accordingly addressed to General Kearney the following reply on the following day:

COL. FREMONT TO GENERAL KEARNEY.

"CIUDAD DE LOS ANGELES, Jan. 17, 1847.

"SIR: I have the honor to be in receipt of your favor of last night, in which I am directed to suspend the execution of orders which, in my capacity of military commandant of this territory, I had received from Commodore Stockton, governor and commander-in-chief, in California. I avail myself of an early hour this morning to make such a reply as the brief time allowed for reflection, will enable me.

"I found Commodore Stockton in possession of the country, exercising the functions of military commandant and civil governor, as early as July of last year; and shortly thereafter I received from him the commission of military commandant, the duties of which I immediately entered upon, and have continued to exercise to the present moment.

"I found also, on my arrival at this place, some three or four days ince, Commodore Stockton still exercising the functions of civil and military governor, with the same appparent deference to his rank on the part of all officers (including yourself), as he maintained and required when he assumed them in July last.

"I learned, also, in conversation with you, that on the march from San Diego, recently, to this place, you entered upon, and discharged duties implying an acknowledgment on your part, of supremacy to Commodore Stockton.

"I eel, therefore, with great deference to your professional and personal character, constrained to say that, until you and Commodore Stockton adjust between yourselves, the question of