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1850.

^%C

. A

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M E M O 1 R

«)i'

THE LIFIC AXJ) PUBLIC SERVICES

JOHN CHARLES FREMONT,

INCLUDING AN ACCOUNT OF HIS KXPL0RATI0\:4, HT8C0VKRIE8 AND ADVENTURKS ON FIVB

SUCCliSSIVR BXPKDITIONS ACROSS TIIK NORTH AMERICAN CONTINKST; VOLUMINOIS

SKLKCTIONS FROM HIS PRIVATE AND PUBLIC CORRKSPONDKSCB ; IlIH

DEFENCE BEFORE THE COURT MARTIAL, AND FULL REPORi'S

OF HIS PRINCIPAL SPEECHES IN THE SENATE

OF THE ONITKD STATES.

BY JOHN BIGELOW.

WITH SPIRITED ILLUSTRATIONS, AND AN ACCURATE PORTRAIT ON STKKL.

— *►

NEW YORK:
DERBY & JACKSON, 119 NASSAU ST.

H. W. DERBY & CO., CINCINNATI.

1850.

3371

Knt.,«d .orording to Act of Congre.., in the year 1856. by
DERBY k JACKSON,

1« th.- Clork', Offlc. of the Di.trict Court of tb. Uuitnd

Stut..i, for the Southern Dmiri.t of Xew York.

W. U. TlNKoN, Sturcotypa

ALEXANDER VON HUMBOLDT,

THIS MEMOIR OF ONK WHOSE

m Rkspectfi;li,y inscribed by

THE AUTHOR.

I -il

PREFACE.

The engro.^sing and universal interest recently awakened, in
the subject of this memoir, by the presentation of his name as
a candidate for tiie Presidency , is the author's apology for the
faults of hasty preparation, which appear in the following pages.
He felt, however, that the public were more concerned with the
matter than the manner of his work, and \^ould pardon almost
anything in its execution more readily than delay. Under this
impression he has aimed at but two results — fullness and accu-
racy. He has endeavored to lay before the reader every event
in the life of Col. Fremont, and the substance of every letter,
report, or speech of a public charactei* that he has v. ritten or
made, having a tendency to enlighten the country in regard to
his qualifications for the highest honors of the Republic. The
author is not conscious of having suppressed anything that ought
to have been revealed, or of having stated a single fact which he
did not believe to be susceptible of proof. To escape the sus-
picions, however, to which a biography of a presidential candi-
date is necessarily exposed, he has uniformly given official doc-
uments and contemporary evidence of the events he records,
whenever it was practicable, that his readers may hav« as little
trouble as possible in adjusting the measure of allowance to bo

rnF.FACE.

iniuU; for Mic partialltioa of political or porsoiuil friciulsliip. A
glance at the following pages will satisfy the most cursory ob-
H-rver that it is no mere eulogy, but a faithful record of the
life of Colonel Fremont, prepared, if not with skill and elegance,
at least with diligence and u conscientious regard for truth.
lie regrets that the brief time allowed for its preparation, and
the pressure of engrossing j)rofessional duties have prevented
his making it less unworthy of its subject.

COKTENTS.

— *►■

Parentngp, Birtli and EducHlion,

CHAPTER I.

tAUM
. 11

ClIAI'TEn 11.

Chooses his Profession- Marries Jessie Benton,

CHAPTER III.

Pir*.t Exploring Expedition-Explores the South Pass-Plants the A„,pH. »
on U.e highest Peak of the Rocky Mountains-Speech of Ittor ^fn^ . '

CHAPTER IV.

Second Exploring Expedition-Kit Carson-Mrs. Fremont withholds OrH»« fv
the War Departu.en,_Colonel Benton's Account or the Expelt^^^^^^^^
Inland Sea-Perilous Voyage to its Mands in a linen Boat-Arrives a Fort V.^J
couver and fulfills the Instructions of his Government, . '""

CHAPTER V,

Second Exploring Expedition continued-Sets out from Fort Vancouver-

ver— Interest-

ing Indian Council-Speech of Col. Fremont-Journey through the MountlinT
Insanity of hi. Men fro.n P.vation and Coid-Preuss'lose. hi wly-A iva,:;
the Riinche of Cai.tuin Sutter, .... 'i' rival at

' i

vin

CONTKNTS.

CHAPTER VI.

Second Exploring Expedition concliiilod— Kiicamps among tlie Digger Indians —
TiiL'ir Habits and Cliui'ucicr — Massucro of Tabeau — Recovciy of liis Keiiiains —
Return to Utah Lake— Anulyjiiii of tlie Residts of llie Expedition by its Counnand-
cr llu

CIIArTKU VII.

Third Expedition — First Visit to Mariposas— Strange Phases of Indian Life— Fight,
Willi llor.se-thii.1" Indians — Loses all liis Cattle in tlie Snow— Hostile Message from
Governor Castro — Hoists the Anieriean Flag in California — Col. Benton's Aecount
of the Couque>t of California— Kit Carson's Account of a Night Attack l)y a Party
of Tlainatli Indians— Pardon of Pico Secretary Marcy's Account of tlie Conquest
of Califoruia — Establishes the Independence of California, 123

CHAPTER VIII.

Conquest of California completed— Joins Commodore Stockton — Description of his
Parly on its arrival at Monterey— Organizes the California Battalion — is appointed
M^ijor — Origin of the Controversy between Commodore Stockton and Brigadier-
General Kearney — Commodore Stockton's report of the Conquest of South Cali-
fornia—Insurrection of the Wali-lali-wali-lah Indians quelled— Capitulation of
Couenga— Fremont Governor of California, 168

CHAPTER IX.

Origin of the Controversy between Col. Fremont and General Kearney — Is ordered
by General Kearney not to re-organize the California Battalion — His Reply —
General Kearney claims the Couniiand of the Californian Army — Comuiodore
Stockton refuses to yield it — Their Correspondence — New Instructions from Wash-
ington — Kearney takes the Conmiand — Fremont is ordered Home — Hostile Corres-
pondence with Col. Mason — Arrested at Fort Leavenworth— Invited to a Public
Dinner at St. Louis — Letter declining the Invitation — Arrives at Washington, . 189

CHAPTER X..

Fremont arrives at Washington — Demands a Court Martial — Illness and Death of
his Mother— Court Martial ordered— Its Organization and Progress - Fremont's
Defence- Verdict of the Court — Sentence remitted by the President — Resigns his
Commission and retires from the Army, 217

.1 '^ i

'll

CONTENTS.

110

CHAPTER XI.

PAoa

Colonel Fremont projects a fourth Exploring Expedition-California Claims Bill-
Speecl,es of Senators lionton, Clarke and U,x-.Map and Geograpl.icul Men.oir-
R.purt of Senator Breese-Pr.,fes.sor Torrey's I'lanta, Freniontian^-Gold,-,.
Medal from the King c,f Prussia-Letter fron> Huniboldt-Foun.ler-s Medal fro.n
the U,.yal Geographical Society of London-Letters from John M. Clayton and
Ahbott Lawrence— Reply of Col. Fremont, " .j,,

123

CHAPTER XII.

Correspondence between Col. Fremont and Captain Charles Wilkes,

8>!4

CHAPTER XIII.

Fourth Expdifion-Encamped in Knn..as-Terrible Journey through the Mountains
-Frightful Snow Storm-One hundred and twenty Mules frozen to Death in one
Night-Starvation of his Comrades-Meets an unexpected Friend-Reaches tlie
Ranche of Kit Carson-Thrilling Letter to his Wife- Adventure with Navahoes
Indians,

357

J<if

ISS

CHAPTER XIV.

Fremont settles in Mariposas-Cause of Indian Hostilities-Title to Mariposas—
Original Deed of the Estate— Title questioned and resisted by Caleb Cushing-
Conflrmed by the U. S. Supreme Court-Opinion of Chief Justice Taney-Receives
the appointment of Mexican Boundary Commissioiier-His Magnanimity to
Colonel Weller-First political Letter-Elected to the United States Senate 879

CHAPTER XV.

Sails for AVashington as United States Senator-Takes the Chagres Fever-letter to
the Philadelphia Pacific Railroad Convention.

••••>.. 898

CHAPTER XVI.

Fremont's Career as United States Senator-Speech on the Indian Agency Bill
Speech on the Bill making temporary Provisions for wovking ,rMim"Tf c 7
^^. a-Chal.enges Senator Foote-Foote. Retraction-Fremont's Le l^ .u !

40S

1 1

CONTENTS.

CHAPTER XVII.

Return to California— Illness — Candidate for re-election to the United States Senat?
— Goes to Europe— Projects liis Fiftii and Last Exploring Tour— His Hardsliips and
Triumph — Letter from Purawan — Prairies on Fire — A careless Sentinel — Huerfano
Butte — A cheerless Night — Fall of Mules down the Mountains — Tiireate'ied by
Indians — How they were repelled — Reduced to eat Horse-meat — They swear not
to Eat each other — Freezing, Death, and Burial of Fuller— Declines a Public Dinner
in San Francisco — Returns to Washington, ........ 428

CHAPTER XVIII.

Col. Fremont comes to reside in New York — Is talked of for the Presidency — Letter
to Gov. Robinson of Kansas — Letter to a Public Meeting in New York upon the
Subject of Troubles in Kansas — Is nominated for the Presidency by the National
Republican Convention— Letter of Acceptance— Letter accepting the Nomination
of the " National Americans," 446

CHAPTER XIX.

Coaclusion,
APPENDIX,

. 461

. 4C7

enat»
s and
rfano
(I by
r not
nner

423

THE LIFE

tter
the
inal
;ion

440

JOHN CIIARIES FREMONT.

-*► .

. 461

4C7

CHAPTER I.

PARENTAGE, BIETH AND EDUCATION.

In the soci.-il disruptions of the French Revolution,
many broken fortunes were replanted in America, and
in the words of Chateaubriand, then himself a wanderer
m our country, "the names of settlements in the United
States became a touching record of the wrecks of
European homes," What seemed then only an adverse
stroke of fortune to those upon whom it fell, proved the
establishment of many prosperous families— the seed
scattered by the storm bearing a hundred fold on the
rich soil of the New World.

During this time, a passenger ship bound to one of
the French West Indian possessions, was taken by an
English man-of-war on the eve of reaching her destina-
tion. The passengers, with the ship, were carried
prisoners into one of the English islands, where they
experienced the usual rigid treatment of prisoners of
war in that day. Among them was a youn*'- French-

LIFE AND SKIIVICKS OF JOHN C. FREMONT.

man of the name of Fremont, fruin the neigliborhood of
Lyons, who was on his way to join an aunt in St.
Domingo.

. Daring his protracted captivity, M. Fremont eked out
tlie scanty prison allowance by basket-making — a com-
mon resource among the prisoners — in which his supe-
rior taste soon enabled him to excel. Some skill in
painting, too, procured him occasional employment in
decorating ceilings with the frescoes which are common
in the dwellings of the wealthier families of the tropics.
After some years' detention, he was finally liberated
or escaped (the latter, it is believed), and in his endeav-
ors to find his way homeward, finally arrived at Nor-
folk, Virginia. Being entirely without resource for the
farther prosecution of his homeward voyage, he gave
lessons in his native language to the citizens of Norfolk.
He was a man of superior accomplishments and high
breeding, spoke English fluently, and was a welcome guest
in the best society of the city and State. He here b ^-
canie acquainted with, and afterwards married, the future
mother of John Charles Fremont, Anne Beverley, one
of the daughters of Col. Thomas Whiting, of Gloucester
county, an orphan, and one of the most beautiful women
of her day in the State of Virginia. This Colonel Whit-
ing's father was the brother of Catharine Whiting, who
was a grand aunt of George Washington.* In her
commenced the connection by marriage of the Whitings
of Virginia witli the most illustrious family of this, or
perhaps of any country ; a connection subsequently
drawn still closer by repeated matrimonial alliances.f

* Sparks's Washington, vol. i., 648 ; ib. vol. v., 268 ; ib. vol. vi., 296.
f lu a brief sketch of his family descent, which General Washington
furnished at tu»» reqnpsr of Sir Isaac Heard, in 1792, he says :

BIRTH, PARENTAGE, AND EDUCATION.

St.

Colonel Whiting, Mrs. Fremont's father, was one of
tlie most wealrliy and prominent men of his day in
Yirii'inia ; he was a leadinii* member of the House of Bur-
gesses, and during the llevolutiun was President of the
Naval Board at Williamsburgh (then tlie seat of govern-
ment), ofticially the most exalted position, at that time,
in tiie CoU^ny.* Prior to the revolution he had been
king's attorney.

''Lawrence Wa.^hington, his eldest son (of John Washington, the
founder of the family in this country) marrie'l Mildred Warner, daughter
of Colonel Augustine Warner, of Gloucester comity, by whom he had
two sons, John and Augustine, and one danglUer, named Mildred. He
died in 1097, and was interred in the family vault at Bridge's Creek.

" John Washington, the eldest son of Lawrence and Mildred, married
Catharine Whiting (sister of ColonolThomas Whiting, the grandfather of
Mrs. Fremont the elder) of Gloucester county, wheie he settled, died,
and was buried. lie had two sons, Warner and Ilonry, and three
daughters, Mildred, Elizabeth, and Catharine, all of whom are dead.

" Warner Washington married first Elizabeth Macon, daughter of Col.
William Macr n, of New Kent county, by whom he had one son, who is
now living, and bears the name of Warner. His second wife was
Hannah, youngest, daugh*^er of the Honorable William Fairfax, by whom
he left two sons and five daughters as follows, namely : Mildred, Hannah,
Catharine, Elizabeth, Louisa, Fairfax and Whiting. The three eldest of

the daughters are married, Mildred to Throckmorton, Hannah to

Whiting, and Catharine to Xelson. After his second marriage

he removed from Gloucester, and settled in Frederick county, where he
died in 1701.

" Warner Washington, his son, married Whiting, of Gloucester,

by whom he has many sons and daughters." * * * — Sparks^s Wash-
inrffon, vol. i., p. 548.

* In Henning's Statutes at Largo, vol. ix., we fiiid the following ordi-
nance in relation to this connnission :

"May, 1776. — Inteuukoncm.

"^n ordinance for establishincf a Board of Coinniisxloners^ to superintend
and direct the Naval affairs of this Colony.
•' Wfiereas^ the Naval preparations of this Colony will be carried on

I-TFE AND SERVICES CF JOHN C. FRKMONT.

11!

lie was also a man of large wealth. lie owned the
whole of the land lying between North River and Ware
Kiver, in Gloncester connty. His prominence as the
president of the Naval Board exposed him specially to
the dei)redations of the English on the coast, notwith-
standing which, when he died, he left eight separate
estates to his eight surviving children, and thirty negroes
with each.* The principal residence of the family was
at Elmington.

with greater expedition and success if proper persons are appointed,
whoiie business it sliall be particularly to superintend and direct the
same,

" Be it therefore ordained, by the delegates of Virginia now in General
Convention, and it is herehi/ ordained bij the anthoriti/ of the same, That
Thomas Whiting, John Ilutehings, Champion Travis, Thomas Newton,
Junior, and George Webb, Esfiuires, be, and are hereby appointed and
declared a Board of Commii^sioners," &c., &c.

* The following is a copy of Col. Wliiting's will. The estate was
largely increased before the division took place :

WILL OF THOMAS WHITING, GUAXDFATHER OF COL. FREMONT.

"In the name of God. Amen. I, Thomas Whiting, of the Parish of
Abingdon, in the County of Gloucester, do make this my last will and

testament, as followeih J7iipr!mix, I desire all my just debts to be

paid. 1 give to my son, Thomas Whiting, the land purchased of Jos.
Devenport and Edward Howe, lying in Al»ington Parish and County afore-
8aid, containing about six hundred acres, more or less, to him and hig
Jieirs. I do give unto my said son, Tliomas, the houses and lots I possess
in Glostertown, to him and his heirs. I give unto my two sons, Henry
Whiting and Horatio Whiting, and their heirs, my two plantations, lying
in the Parish and County aforesaid, called and known by the names,
Hackney and Rumford, including the land purchased of \Vm. Sawyer,
and the land purchased of Robert Coleman's estate, jointly with Col.
Warner Lewis — equally to be divided between thorn. It is my wish and
desire, that my wife, Eliza Wliiting. take her dower of my lands in those
divided to my sons, Henry and Horatio, and not in the land divided to
my sou Tliouuis ; but if she should, then I give my son Thomas, in c- le

BIRTH, PARENTAGE, AND EDUCATION.

Col. "VVhiting also enjoyed the notable distinction of
having held the infant George Washington in his arms,
when he was baptized, an incident which', though

my wife should take her dower in his lands us aforesaid, his choice either to
take the lands devised to his brothers as aforesaid, or of the lauds before
devised to him ; and if he should make choice of the Hackney aud Rum-
ford, and the other lands therewith devised, and then in such a case, I
give the lands devised to Thomas, to the siiid Henry and Horatio, equally
to be divided between them and their heirs : in either case my son
Thomas to have my houses and lots and Glostertown, sultject to my wife's
dower. I give unto my son, Thomas Whiting, and his heirs, thirty
slaves, and that he may have my coachman. Porter, in his part, and boy
Dunmore. I give to my daughter, Sarah Whiting, fifteen slaves to her
and h' • heirs, and that she may have Peg, Sail's daughter, and also Har-
riet, in her part. I give imto my daughter, Catharine Whiting, and her
heirs, fifteen slaves, and that she may have Frank, and Patt, and her
children, in her part. I give unto my daughter, Kliza T. W'liting, fifteen
elaves, to her and her heirs, and that she may have in her part, mulatto
Kate and her four children — Dinah, Molly, Will, and Dennis — and as my
wife will have her dow<^r iu all my slaves, I desire that she may have in
her part — that is, in her dower — three slaves, to wit : the cook Hannah,
Abigail, Agatha, Bob, Barnaby, Ailce, and her child. Porter ; Amarillis,
Kelson, Egine, Rachel, Sue, Hannah's son Will, Isabel, Lawrane, and
Augustie. I give unto my five youngest children, Henry, Horatio, Su-
sanna, Jane, and Ann Whiting, all the rest of my slaves — that is, exclu-
sive of those before devised — and my wife's dower, to them and their
heirs, equally to be divided between them, and after my said wife's
death. I also give unto my said five youngest children, herein men-
tioned, the slaves she may hold as her dower aforesaid, and their increase
to them and their heirs, equally to be divided between them and their
representatives ; and it is my desire in the division and allotment of my
said slaves, that regard may be had to the ages and sexes of them, so as
to make them as nearly equal in value, as may be agreeable to the
bequest aforesaid. I give to my son Thomas, my gun, sword, books, and
Hector ; also a mare and colt formerly given him. I do appoint my
friends, Charles M. Thurston, guardian to my son Thom is, and daughter
Ehza ; and do give unto the said Charles M. Timvston full power to sell
and dispose of any part of my said son's estate, real and pergonal, if he
shall judge it for my said son's interest and advantage so to do. I give

1 1

LIFE AND SKRVICK8 OF JOHN C. FUKMONT.

trifling perhaps in itself, serves to show the kind of rela-
tions suUsistiiiij: between tlie two funiilies.

lie was married three times and had tifteen elilldren,
eiglit of wliom snrvived liim. llis last wife, Elizabeth
8ewall, by whom he had three of them, including Anne
Beverley, al'terwards tlie mother of Colonel Fremont,
snrvived him, and married Samuel Carey, by whom she
l)ad four children.* Mr. Carey managed the estate so

unto my prandson, Thomas ITubard and his lioirs, all the lands I have in
Pettiworth I'arish, in tlic ooiuity aforesaid. All the rest of my estate, not
heretofore devised, I give to be ccnially divided among all my ehildren,
to wit : Thomas, Henry, Horatio, Sarah, Catharine, Eliza T., Susanna,
Jane, and Ann Whiting. Lastly, 1 appoint my beloved wife, Eliza Whi-
ting, Exeeuirix, and my friends, Charles M. Thurston, John Page of
Rosewell, and Warner Lewis, jun.. Executors of this my last will, hereby
revolving all wills heretofore by me made. In witness whereof, I have
hereunto set my hand and seal the 15th day of October, Anno Domini
17 8U.

*' Thomas Whitixo."

" Signed, scaled, published, and declared by the testator as and for his
last will, in presence of us,

Richard Cauy.

Johanna Dun lap,

Robert Innis."

* This intermarriage with the Carys, established another marit;il con-
nexion between the Whiting and the Washington families, a daughter of
Col. Carey having married a son of Lord Fairfax, whose cousin's daughter
married George Washington's brother, Lawrence.

This connexion lends interest to the following extract from a letter
written by Washington to George Wm. Fairfax in 1778.

*' Lord Fairfax, as I have been told, after having been bowed down to
the grave and in a manner shaken hands with death, is perfectly restored
and enjoys his usual good health and as much vigor as falls to the lot of
ninety. Miss Fairfax was upon the point of marriage in December last,
with a relation of mine, a Mr. Whiting; but her ill health delayed it at
that time and what has since happened I am notr informed. Your niecea
in Alexandria are both married; the elder to Mr. Herbert, the younger

etter

BIRXn, TARENTAOE, AND EDCCATION.

iinprovidently tluit the children hy tlic lirst marria^^o
Avere ultimately compelled to resort to the cuiirtB tor an
account and apportionment of the property.^

to Mr. Ilurvcy Whitinp, Hon of Frank in Borkelov. Mrs. Carey, lior son
Col. Carey, Mr, Nioliolas, Mr,«. Aniblor and their rcspcotivo faniiliea
wore h11 well Hl)Out two months a^'O. Mis.s Caiey Ih married to Thomas
Nelson, second sou to the Secretary. * * * »

— Spark:s^s Wnnfihif/ton, vol. v. p. 268.

* Amonp the records of the Superior Court of Chaiu'pry held in Rich-
mond, June 13th, 1810, there is a petition and decree on tile (one of the
fruits we prcsuuu; of the litigation referred to in the text), directing
ihat the slave of which the said father Thomas Whiting died possess-
ed or to which ho was entitled, and the increase of the females, be divided
and allotted to the sevei'al parties accord'ug to their respective rights,"
by coumiissioners uanu'd in the decree. Tlie award of the commissioners,
in itself a sufficiently curious document, runs as follows :

"In pursuance of tlie a!)Ove annexed decree. We the subscribers
being commissioners named therein, have this day divided the slaves
belonging to the estate of Thomas Wliiting deceased, which were pro-
duced to us by Robert Cowne, his executor, in the following manner, viz. :

"To John Lowry and Susanna his wife the negroes contained In lot
No. 1. viz: Bob .Sl(i(\ Coxen $400, Aggy and child Lucy $380, Augusta
and children Billey, Harriet, Agnes and Edmond, $8'20, Old Betty —
and the estimated value of negroes sold by said Lowry about six years
ago $455.

" To John C. Pryor, ad'm. of Henry Whiting deceased, the negroes con-
tained in lot No. 2, viz. : Peter $400, Barnaba $333, Henry $300, Jane
and children, Mary and an infant 10 months old, $165. Lucy and
children Betty, Cate, Mariah, and a male infant, $730, Sarah $150, Joe
$r)(\ and old Frank $">.

"To John Pryor and Ann his wife the negroes contained in lot No. 3,
vi/. : Phil $400, Bliick Peter $400, Peggy $300, Hannah* and children
Stirling and Salley $580, Billey $250. Eugene $230, and the estimated
value of a nogro soM by said Pryor about about two years ago $224,
and to Morgan Tomkies, who it appefvrs is entitled to the interest of
Charles Grymes aud Jane his wife, the negroes contained in lot No. 4,

* The slave Hannnli mentioned In the above list was afterwards Colonel Fremont's
nurse^

111'

1 1)

,i:

LIFK AND Sl.KVlCES OF JOHN C. FIIKMONT.

rh. : Frnnk $400, niaok IMul f 100, Nelly filOO. Venus and children,
Kitty, Daiiifl, rimrlea and IMiil $A'M\ Duiiiel ^'IM. Alice ;?150, and
(InrdiuT Frank JjdJlO — and for reasons appiNiiin;; to ns lot No 4 is to pay
lot No. !} :5(21 f)i), to lot No. 2, $12 .')(», and to lot No. 1, 50 cents. It
also appeam to us after tlie al)Ove allotment wa.s made, that Joe, in lot
No. 2, was appraised to ^IM) instead of JJSiW), wherefore it is directed,
that lot No. 2, shall pay to the other lots the sum of $1.5 cash.
"Given from under our hands this ItUh day of July, lfsi«).

RonKiiT Wkst.

John Hi-uhks.

\Vm. K. Tkuuin."

The following entries are taken from a fragment of the Abington
church records, which are deposited at the (Jloucester Court-house.
They appear to give most of the important niarriagoa and deaths in the
family, lor more than half a century, and they also furnish interesting
evidence of the solicitude of Col. Whiting, to have all his slaves bap-
tized.

1*732, Major Peter Whiting, was buried February 28.

1735, Mary, the daughter of Francis Whiting, and his wife was born

20th April, and baptized 0th of May.
1738, Ann, the daughter of Mr. Beverley Whiting, and his wife was

born December 22, and baptized January 12.
1742, Sally, Merit, Tony, Patt, to Wiiiting, baptized June 27.

1742, Catey to Mr. Whiting, born January.

1743, November, Betty to Mr. Hrodr. Whiting.

1743, November, Betty, to Mr. Whiting born.

1744, Rob. to Mr. Beverley Whiting, born February.
1744, Sept. Chevr, Dfty. to Whiting, were baptized.

1744, Eliz. daugh. of Thomas and Eliz. Whiting, born Nov. 29.

1746, Anne, daugh. of Thos. and Eliz. Whiting, born August 22.

1747, Aggy, to Mr. Thomas Whiting, born February 26.

1747, Francis W'hiting was married to Mrs. Frances Perrin, Jan. 24.

1749, Mrs. Elizal)eth Whiting departed this life April 20.

1749, Richard, male slave, to Mr. Thomas Whiting, baptized Oct. 15.

1749, Diana, slave to Mr. Thos. Whiting, baptized January 28.

1750, Esther, slave to Mr. Thomas Whiting, about 8 years old, bap.

tized April 8.

1751, Phill. slave to Thos. Whiting, baptized January 26.

1753, Grace, slave to Mr. Thomas Whiting, baptized September 9.

IJIUTn, PA RENT AG F, AND EDUCATION.

nd children,
e 1^150, and
J 4 is to pay
) cents. It
Joe, in lot
is directed,

r KST.
IKKH.
'KUUIN."

i Abingfon
ourt-hoase.
'vths in the
interesting
slaves bap-

was bom
wife was

!9.

24.

•ct. 15.
d, bap.

3r 9.

1764, Henry, slave to Capt. Thomaa Whiting, 2 months old, cap-

ti/cd September 15.
1754, Nelley, slave to Mr. Ucverley Whiting, baptized Oct. 19.

1765, Mr. Ueverley Whiting, departed this life.

(leaf torn,) Thos. Whiting baptized Sept 7 — (uncertain).
1750, Joe, slave to Capt. Thomas Whiting, born May 20, and bap.

tized August 1,
175fi, Frank, slave to Mrs. Whiting, in town, bnptizfHl August 15.
1750, IJoverley, son of John and Mary Whiting, baptized Oct. 18.

1757, Frank, slave to Capt. Thos. Whiting, born April 1, baptized

May 8.
176*', Jerry, slave to Capt. Thos. Whiting, baptized Sept. 25.

1758, Amey, " " *' " " February 8.
Francis, «' '♦ *' " April 10.

1758, Johnny, slave to Mrs. Whiting, Gloucestertown, baptized

May 28.
1758, Else, slave to Capt. Thos. Whiting, baptized August 27.

1758, Beverley, son of Thomius and Eliz. Whiting, born March 10.
1768, Hannah, Frankey, slaves to Capt. Thos. Whiting, baptized

April 1,

1759, Beverley, son of Capt. Thos. Whiting, died Oct. 28.

1759, William, son of Capt. Thomas Whiting, died October and waa
buried 24.

1759, A negro child belonging to Mrs. Whiting, in Gloucester, died

December 3.
1776, Mingo, slave to Mr. John Whiting, died December 8.

1776, Rosse, slave to Col. Thos. Whiting, baptized December 29.
Buster, slave to John Whiting, died December 26.

1777, Cattle, slave to Col. Thomas Whiting, baptized January 25.
1777, Bristol, slave to John Whiting, died January.

1760, Amos, slave to Capt. Thomas Whiting, 8 months old, baptized

Juno 1.

1760, Phill, slave to Mrs. Eliza Whiting, in town, 10 months old, bap-
tized June 1.

1760, Robert, slave to Capt. Thomas Whiting, baptized Sept. 7.

1760, Frederic, at Mrs. Whiting's in Gleu Town, died the last of Oct.

and was buried 2d of Nov.

1761, Ben and Ned, slaves to Mrs. Whiting, in Gloucestertown, bap-

tized JIarch 22. *

1761, Williai 1, slave to Thos. Whiting, baptized April 19.
1761, John, slave to Capt. Thos. Whiting, baptized May 24.
1761, Frank, slave to Capt. Thos. Whiting, baptized Nov. 1.

'"" ^"^ ""''•'"'■' "' •'OTO C. KBKMOKT.

'ii'oneo of tl,<.(r i,„.tlW.t„.,l .?r . ^'•'"■^' '" <=""««-

^>1'" «-<.ro !.Ue,■.^s,o,I rr.l '"'' "■•'*''"'^ '^'""e i\.v all

;.'"""-^ or M.- Ca,; = : ;;™ '"-^^'^'e-eloL i,/,„e

'";-' '--''• a. a„ el. : 4 1 nosr,"' '""'™^^ *°
' '"'-go l>ro,,ortion of ,1,; Y' i ]'. •'"^i'"««sse.l of
''0"n loft 1,0,.. AVl,e, e 1," ^''''/'''f "•'"•^•'' '"'d
;™"- l.er .s,We. Mrs. I ,. . * /IT '^ "" """'^ ^'^^^"-
''^'- "gainst what in those chv,'"^ ''' P™""''« for
deo,„e,) the greatest .""101,-," '" """ -'•'''« «•"■'
f -"a.-n-oge for her wi.h M^i^ ' ^'T'^' '"■™'V-ed
'?'■ eo-uuy, who was ve,T neh '^T' "'^^ "*' ^'»"«^'-
^>.nv-two,earsofa^.eJ, f ". ;"" ^^-7 gouty, a„d

^si<le from the faml ; „ °"^'^J^ ^^^''^ J'er senior,
'-'-d -finenion a d :^; :; V/ '""'"' ^^•••>'- ^'Tor,
■;'-peet .n."lsive to he ;: 1 ■'/"' ''"' ■" <'--7
^>ecd to hitn. Anne 'esi 7ti r '' "■''" '''' ^""''^ ■

°'"' the importunities of her

'"'-t'«nd „« a Lie„-,enanl '!! "'"■"paired faculties. He- f ^

BIKTH, I'AKKNTAOE, ANT) KDUOATION.

IS ^Ut Bl'x

lior fltep-

LMiilios ill
di III V or.
ts of tlio
A'oen tlie
n coiiso-
lim their
liich Imd

tor all
party.
•ss in the
'•ess she
'ssed of
ich had

seven-
id e for
^le was
rann^ed
louces-
y^ and
nior.
Prjor,

every

sacri-

>f her

age, 18
and a

Ulster AH l<)n<; an she could, hut finally, overcoMc l»y
a Hcnse of her honielesrt and dependent conditioji, whi(rh
WiTo constantly i)resHed upon her consideration, the
(U'spairin^jj oi-phan yicUlcd to her vencral)lc Huitor, and
became Mvh. JMaJor l*ryor. ^Marriajjje oidy inci'cabed
her regret for the sacrilice to which she had submitted.
iShe became melancholy ; shunned the ^:\y society and
habits of life to which her husband was addicted, and
tlius dra<;ged out twelve lon<^ years of wedded misery.
By this time, as they were childless, both had beconio
convinced that the hapi>iness of neither would l)e pro-
moted by continuing to live longer together, and they
separated. As both had iniluential friends, the legisla-
ture of the State, which ha]>i)ened to be in session,
])romptly sanctioned their separation, by passing an act
of divorce. Not long after both married Jigain, Mrs.
Pryor to Mr. Fremont, and Major Pryor, in the TGtli
year ()f his age, to his housekeeper. This connexion of
course gave great dissatistaction to the Whitings, who
were one of the most aristocratic families in Virginia,
and could not understand how any person who earned
his bread, especially by teaching, could be a gentleman.
But Mrs. Pryor liaving taken their advice once, as to
lier first marriage, the folly of which she had expiated
by many long years of gilded wretchedness, determined
in this instance to act for herself, and to give her heart
with her hand, to one whom she esteemed Avorthy of
botli. She had some means, and he had talents, and
both had courage, and they did not feel called upon at
the expense of their own happiness to spare that family
pride, which had not spared the gentle orphan twelve
years before, when she was helpless and dependent.

LIFE AND SERVICES OF JOHN C. FREMONT.

: t

After tlieir marriage, in the gratification of an interest
which Mr. Fremont in common with most cultivated
Europeans felt in the American Indians, and which the
remnants of his wife's fortune enabled him to indulge,
they travelled for several years in the Southern States,
where large ti*acts of country were still occupied by the
aboriginal tribes.

The means of communication in that country then
were very rude, and tliey travelled as was the custom
of the day, when means permitted, with their own
carriage, horses, and servants, stopping where conve-
nience of towns and dwellings required, and not unfre"
quently passing the night in Indian villages or by a
camp-tire. It was during one of these excursions that
they chanced to pass the night at the inn in Nashville
where occurred the personal encounter between Gen.
Jackson and Col. Benton — well remembered in that
country — the balk from whose pistols passed through
the rooms in which they happened to be sitting. And
it was during a temporary halt at Savannah, in Georgia,
in the progress of the same expedition, on the 21st of
January, 1813, tliat Mrs. Fremont gave birth to their
eldest chilci and son, John Charles Fremont, the subject
of this memoir, who, with his father's name, seems to
have inherited also his nomadic instincts.

The second child, a daughter, was born in Tennessee,
and the youngest, a son, in Virginia ; shortly after which,
Mr. Fremont's preparations to return to France were
defeated by his death, which occurred in the year 1818.
At this time, an elder brother, Francis was in Norfolk,
with his family. lie had emigrated early from St. Do-
mingo. The loss of his eldest son, a boy of sixteen, M'ho
was killed by the bursting of a gun at a fourth of July

TT.

BIRTH, PARENTAGE, AND EDUCATION.

an interest
cultivated
which the
3 indulge,
rn States,
ied by the

ntiy then

le custom

heir own

fe conve-

uot iinfre-

3 or by a

sions tliat

Nashville

een Gen.

1 in that

tlirongh

And

eorgia,

)l8t of

|to their

subject

ems to

Inessee,
jwhich,
were
1818.
»rfolk,
!t. Do-
ll, who

celebration in Norfolk, saddened the place to him, and
he returned with his family to France. lie had been
anxious to take with him liis brother's fam-ily, and made
it a point with his widow to accompany him. Iler de-
cided refusal to leave her own country, occasioned an
alienation between them also, and she was" left to her-
self with the usual defenceless lot and narrow circum-
stances which are not the most uncommon heritage of
widows and orphans.

Of the brother's family, which returned to France,
we have no knowledge, except of the recent dea'th
of a daughter named Cornelia, in a convent in
South America. The widow, with her young family
now removed permanently to Charleston, South Caro-
lina.

At an early age the eldest boy, with whose future for-
tunes we are more particularly concerned, entered the
law office of John W. Mitchell, Esq., one of the promi-
nent citizens of Charleston. Here he gave such evi-
dence of intelligence and industry as greatly to interest
Mr. Mitchell, who found pler.cure in directing the capa-
city he seemed to possess, and devoted many of his
leisure hours lo young Fremont's instruction. The lad's
vigorous aj)i)lication required more time than Mr.
Mitchell had at his disposal, and, in prosecution of the
plan he had formed for him, he placed him under the
instruction of Dr. John Roberton, a Scotch gentleman,
who had been educated at Edinburgh, and who had
established himself as a teacher, principally of ancient
languages, at Charleston.

A brief but interesting memorial of this part of young
Fremont's life from Dr. Roberton himself, who, though
bending under the weight of some seventy winters, still

LIFE AND SKRVICES OF JOHN C. FREMONT.

continues in tlie fiiitliful exercise of his profession at
Phihidelphia, is preserved in tlie preface to an excellejc
interlinear translation of Xenoplion's Anabasis wiiidi
was published by him some six years ago. In the
course of it ho refers especially to the intellectual and
personal habits of Freiiivail,, while under his charge, and
commends them to his j^upils, to whom the book is dedi-
cat^Tl, as pre-eminently worthy of imitation.

" For your further encouragement," he says, " I will
here relate a very remarkable instance of patient dili-
gence and indomitable perseverance :

" In the year 1827, after I had returned to Charleston
from Scotland, and my classes were going on, a very
respectable lawyer came to my school, I think some
time in the month of October, with a youth apparently
about sixteen, or perliaps not so much (14:), of middl3
size, graceful in mani-ors, rather slender, but well
formed, and upon the whole what I should call hand-
some ; of a keen, piercing eye, and a noble forehead,
seemingly the very seat of genius. The gentleman stated
that he found him given to study, that he had been
about three weeks learning the Latin rudiments, and
(hoping, I suppose, to turn the youth's attention from the
law to the" ministry) had resolved to place him under
my care for the purpose of learning Greek, Latin, and
Mathematics, sufficient to enter Charleston College. I
very gladly received him, for I immediately perceived
he was no common 3'ourh, as intelligence beamed in his
dark eye, and shone brightly on his countenance, indi-
cating great ability, and an assurance of his future pro*
gross. I at once put him in the highest class, just
beginning to read Caesar's Commentaries, and although
at lirst inferior, his prodigious memory and enthusiastic

lEMONT.

5 profession at
to an excel lerc
nabasis w;ii( h
i ago. In the
itelleetual and
lis cliarge, and
■ book is dedi-
•n.

savs, "I will
' patient dili^

to Charleston
^ on, a very
think some
1 apparently
0> of middb
r, but well
i call hand-
le foreJiead,
[eman stated
e had been
Iments, and
ion from the
him nnder
I^Jitin, and
College. I
*' perceived
mied in his
lance, indi-
future pro-
class, just
1 althou jfh
uthusiastic

1 t
'i i

(•<ll.. ri;i;MliNl"S KMAMI'MI.M, A CK IM I'A N I KH P.Y III

THK nii:<I.NT SI IK '>!• I.Kt IIM I' Ti:, IN KANSAS.

S WIIK MI;S. .IKSSIK KKKMOST, N K MI

If ;ii

BTR7H, PARENTAGE, AND EDUCATION.

•^Y^

. JTi

.-■<o

S^^^.

.n;SSIK KUKMONI', MOU;

■•a

fipplication soon enabled liim to surpass tlio best. Tie
l)i'gan Greek at- the same time and read with some wi>o
had been long at it, in which he also soon excelled. In
sliort, in the space of one year he had with the class,
and at odd hoiu's he had with nijself, read four boohs of
Caisar, Cornelius Xepos, Sallust, six books of Yirgil,
nearly all Horace, and two books of Livy ; and in Greek,
all Grteca Minora, abont the half of the first volume of
GrtEca Majora, and four books of Homer's Tliad. xVnd
whatever he read, lie retained. It seemed to me, in
fact, as if he learned by mere intuition. I was myself
utterly astonished, and at the same time delighted with
his progress. I have hinted that he was designed for
the church, but when I contemplated his bold, fearless
dis])osition, his powtjful inventive genius, his admiration
of warlike exploits, and his love of heroic and adventurous
deeds, I did not think it likelv he would be a minister of
the Gospel. He had not, however, the least appearanco
of any vice whatever. On the contrary, he was always
the very pattern of virtue and modesty. I could net
help loving him, so much did he captivate me by his
gentlemanly conduct and extraordinary progress. It
was easy to see tiiat he would one day raise himself
to eminence. Whilst under my instruction, I discovered
his early genius for poetic composition in the following
manner. When the Greek class read the account that
Herodotus c'ives of the battle of Marathon, the braveiT
of Miltiades and his ten thousand Greeks raised his
patriotic feelings to enthusiasm, and drew from him
expressions which I thought were ei. .bodied, in a few
davs afterward, in some well-written verses in a Charles-
ton paper, on that far-famed, unequal but successful con-
flict against tyranny and oppression; and suspecting ray

^*' i

•

' 1 1

..-i

LIFE AND SERVICES OF JOHN C. FREMONT.

Uitcnted scholar to be the aiithor, I went to his desk,'and
asked him if lie did not write them ; and hesitatin<]j at
lirst, ruther bluishinglj, lie confessed he did. I then
said, ' 1 knew you could do such thin^^s, and I suppose
you have some such pieces by you, which I should like
to see. Do bring them to me.' He consented, and in a
day or two brought me a number, which 1 read with
pleasure and admiration at the strong marks of genius
stamped on all, but here and there requiring, as I
thought, a very slight amendment.

" I had hired a mathematician to teach both him and
myself (for I could not then teach tluit science), and in
this he also made such wonderful progress, that at the
end of one year he entered the Junior Class in Charles-
ton College triumphantly, while others who had been
studying for years and more, were obliged to take the
Sophomore Class. About tlie end of the year 1828 I left
Charleston, but I heard that he hi<jrhlv distin<T;uislied
himself, and graduated in 1830. After that he taught
mathematics for some time. His career afterwards has
been one of heroic adventure, of hair-breadth escapes l)y
flood and field, and of scientific explorations, which
have made him world-wide renowned. In a letter I
received from hitn very lately, he expresses his grati-
tude to me in the following words : ' / am very far
from either forgetting you or negJecting you^ or in any
way losing the old regard I had for you. There is no
time to which I go hack with riore pleasure than that
sjpent with you, for there was no time so thoroughly well
spent, and of anything I may hace learned, I reraemher
nothing so icell, and so distinctly, as tvhat I acquired
%oith you.'' Here I cannot help saying that the merit
was almost all his own. It is true that I enc"t)ura£»:ed
and cheered him on, but if the soil into which I put the

[ONT.

BIRTH, PARENTAGE, AND EDUCATION.

lis desk,'and
hesitating at
lid. I tluMi
id I suppose
[ sliould like
ted, and in a
I read with
IvS of genius
nii'ing, as I

oth him and
}nce), and in
3, that at the
8 in Charles-
10 had been
I to take the
^r 1828 I left
stinsjuislied
at he taught
erwards has
escapes l)y
ions, which
11 a letter I
s his grati-
m very far
u, or in any
There is no
than that
oughly well
reraemher
I acquired
: the merit
nct)iiraged
|h I put the

seeds of learning liad not been of the richest quality,
they would never have sprung up to a hundred fold in
the full ear. Such, my young friends, is but an imper-
fect sketcli of my once beloved and favorite pupil, now
a senator, and -who may yet rise to be at the head of
this great and growing I.. ^public. My prayer is that ho
may ever be opposed to v.-ar, injustice and oppression
of every kind, a blessing to his country and an example
of every noble virtue to the whole world."

At the aice of sixteen voun^ Fremont was " con-
firmed "in the Protestant Episcopal Church, in which
faith his mother, who was a Protestant, had educated
her children, and in which faith alibis own children have
been baptized.* About this time lie became acquainted

• Colonel Fremont's religion having become the auhject of some discus
Bion, it may not be impropci' to give in this connection tlie following cer-
tificate of the baptism of his children, from the rector of the Oliurch of
the Epiphany at Washington City, showing thitt they wene all baptized
in the Episcopal Churcli.

" Washinoton Citt, Jidy 12, 1356.
"The following children of .T. Charles and Jessie Benton Fremont have
been baptized in the church of the parish of the Epiphany, Washington,
B.C. — their baptisms being recorded in the register of said pariiiii :
" 1848, Aug. 15, Elizabeth McDowell Benton Fremont.
•' 1848, Aug. 15, Benton Fremont.
" 1853, Dec. 28, John Charles Fremont.
"1855, Aug. 1, Francis Preston Fremont.

" As none were baptized iii a house, hut all wer^ brnurjM to the churchy
the order of the Protestant Episcopal Chvirch for ' the Ministration of
Poblic Da-ptism of Infants,' was tha-t which was u.sed.

" J. W. French,
^'■Rector of the parish of the Epiphany, Washington, D. O.

Among the sponsors of the.se children were Col. Benton, Kit Carson,
Copt. Lee. U.S.N. , Francis P. Blair and Col. Fremont himself.

LIFE AND SKRVICKS OF JOHN C. FREMONT.

with a young AVost Indian girl, whoso raven hair and
Bot't bhick eves interfered sadly with his stwlies. He
Mas absent for davs toijetlier from the colk»<]re, and
repeatedly arraigned and repiimanded by the faculty,
but to no purpose. Taking counsel of his heart, and not
of liis head, he set college rules at detiancc. The faculty
bore with him fi>r a long tune on account of his high
standing in his studies, good scholarshij), and abundant
promise; but at length, irritated with his insubordina-
tion and bad example, for which no explanation was
given, they expelled him from the college.

His application, though interrupted, had been vigor-
ous while it lasted, and his acquirements, especially in
mathematics, had been remarkable. After this abrupt
and perhaps unfortunate termiration of his collegiate
career, he engaged in teaching mathematics, principally
to senior classes in different schools, and also took charge
of the " Apprentices' Library," an evening school under
a board of directors, of which Dr. Joseph Johnston was
president. But his career as an instructor was destined
soon to be interrupted by a succession of domestic calam-
ities which exerted an important influence upon his
character. It was about this time that the death of his
sister, then in her seventeenth year, occurred. Ilis bro-
ther, who possessed an ardent and enthusiastic tempera-
ment and unusual ability, when but fifteen years of age,
in consequence of an association with amateur players,
had his taste turned to the stage, on wdiich he imagined
that fame and fortune are of easy acquisition. With
these ideas, full of the generous impulses which belonged
to his age and character, he suddenly, and without con-
Bulting his family, left his home to work out his fortune
for himself.

His brief life g;ive little apace for the "^tnploymeid of

iiil

EMONT.

a veil liair and

sfndies. "■'le

college, and

y tlie faculty,

lieart, and not

). The faculty

)t of his hiijii

ind abundant

insubordina-

»lanation was

I been vfgor-
especially in
' this abrupt
lis collegiate
s, principally
) took charge
school under
ohnston was
«'as destined
lestic calam-
ce upon his
death of his
1. His bro-
tic tetnpera-
ears of age,
3ur players,
le imagined
ion. With
ih belonged
> ithout con-
his fortune

BIRTH, PARENTAGE, AND EDUCATION. 29

energies which might have realized his youthful expec-
tat.ons A few years after this an injury received at a
not ,n Lutfalo permanently affected his health, and he
returned to Ins mother and died in Charleston, when he
was little more than twenty years old

The death of his sister and the departure of his bro-
her made a harsh inroad on the domestic quiet of his
family, and gave a sudden check to the careless and un-
reflecting l.abits which had hitherto marked the conduct
of the youthful Fremont.

He now awoke to the sober interests of life, as circum-
stances brought him into ruder contact with them, and
he devoted himself to earnest labor, which, since hen,
has never been intermitted. '

ovment of

LIFE AND SERVICES OF JOHN 0. FKEMONT.

CHAPTER II.

CHOOSES III8 PROPi?SRION — MARRIES JESSIE BENTON.

In 1833, the sloop of war Natchez entered the port
of Cliarleston to enforce Gen. Jackson's proclamation
against the Nnllifiers. Being thence ordered on a
cruise to South America, Fremont, tlien just twenty
years of age, obtained through the Secretary of the
Navy, Mr. Poinsett, the post of teacher of mathematics,
and made in her, in tliat capacity, a cruise of some two
and a half years' duration. Siiortly after his return to
Charleston, he received from the college, which had
once expelled him — Dr. Adams being still its President
— the degrees of Bachelor and Master of Arts.

A law had in the meantime been enacted creating
Professorshii^s of Mathematics in the Navy, and Fre-
mont was one of a few among many candidates who
successfully passed a rigorous examination before a
board convened for this purpose at Baltimore, and was
appointed to the frigate Independence, But he liad in
the meantime decided to labor in a profession which
offered a lai'ger field to energy and promised greater
rewards, and for which his studies had particularly
qualified him. He made his first essay as surveyor and

>NT.

CH008E8 Uhi I'K' KK8SIUN — MAKUIE8 JKSSIi: BENTON. 81

BENTON.

d the port

oclamation

ered on a

ist twenty

iiy of the

ithematics,

some two

return to

hich had

President

creating

and Fre-

ates who

before a

!, and was

le liad in

on wliicli

greater

rticularly

^eyor and

railroad engineer in an examination for an improve-
ment of the railway line between Charleston and
Augusta.*

About this time a corps of engineers was organized
under the direction of Capt. G. W. Williams, of the
United States Topograi)hical Engineers (killed in tlie
battle of Monterey), and Gen. W. G. McNeill, lor the
])urpose of making a preliminary survey of a route for
a railway line from Charleston to Cincinnati, and Fre-
mont was appointed one of the assistant engineers,
charged with the exploration of the mountf.in passes
between South Carolina and Teimessf^e, wliere ho
remained until the work was suspended in the full of
1837.

The parties engaged in this work occasionally stopped
at the farm houses scattered through the mountains, but
more frequently lived in camp, being provided with
tents and all the necessary equipage for a camp life, of
which this was Fremont's first experience. It was a
country well calculated to make such first impressi<ms
durable and attractive — rough and wild, and abounding
in those natural beauties which make the summer in
that region particularly delightful.

He renuiined here until the suspension of the work.
Capt. Williams being then ordered to make a military
reconnoissance of the mountainous country compre-
hending portions of the States of Georgia, Norrh Cai'O-
lina and Tennessee, occupied at this time by the Cherokee
Indians, Fremont accompanied him as cue of his assist-
ants. This was a winter survev — made hurriedlv, in

*In after years, when the result of a court-martial had deprived Fre«
incut of his commission in the army, he was ofiered the presidency of
this railroad, with a salary of $5,000.

LIFE AND SltUVICKS OF JOUN C. FKIOIONT.

pation of hostilities nlroady tlireixtoniiit^ with the

j — Miul tlie Hurveyoi'i at times M'ere occupietl,

•jjuide only, in iuakiii*j^ raj)i(l reconnnissaiices on

bade, and at other times in slower operations,

a party of eight or ten men, with paek mules to

their tents and j)rovisions ; it being a forest eoun-

:irsely occupied by Indian farms. At night they

trees, anil made large llres of hickory logs,

d wliich the panther's cry was occasionally heard,

owls hooted from the hemlocks. This was the first

enco of a winter's cam[)aign to one destined to go

e verii'e of human endurance in similar scenes.

this work, in the spring, he went directly to tho

Mississippi, whence he set out on an exi)lorin
ition over tho northwestern prairies, under the
and of J. N. Nicollet.
Kicollet was a French c:entlcman of distinction, a

member of the Academy of Sciences, eminently distin-
guished for varied and extraordinary ability and for his
scientitic attainments, "whose earlv death," savs Hum-
boldt in his Anj^ccts of Nature^ " deprived science of
one of her brightest ornaments." As a geographer, our
northwestern country had for him a peculiar interest.
It had been the field in which the earlier French disco-
verers and Catholic missionaries had labored, and :t had
been one of his most cherished wishes to visit the scenes
of their lal)ors and to draw together the scattered mate-
rials of a history wliich he thought redounded to the
honor of his countrymen. "With these views, and in
the interest of geography, he had recently made an
extended journey around the sources of the Mississippi,
the map and materials of which had been ado])ted by our
government, and he had been commissioned to make an

WONT.

Ill,' with the
ro occiipiuti,
oissjuici's on
' o])i'ratioiis,
fk imilea to
ibr(\st coil 11-
■ iii«!;lit tlwy
ckoi'v loffs,
luilly heard,
^as the h'rst
■^tilled to (fo
Ihir scones,
^^ctly to tho
ti exploring
under the

ptinction, a

itly distin-

aiid I'or his

'ays Iliim-

i^cience of

apher, our

1* interest.

nch disco-

md ;t Inid

he scenes

■ed niate-

d to the

, and in

iiade an

ssis^ippij

'd by our
make an

CHOOSES niS PROrT.flSION — MARRIFfl .TKSSin HKNTON. 33

examination of our almost nnoxplorcd nortlnvcstcrn
rc^Mon in continuation of iiis own labor:*.

JMr. J'oinsett, tlicn Secretary of War, romomhered
I'Vcniont as a suitable person to co-operate in his work,
and procured for him tlie appointment of jirincipal assis-
tiint, in wliicli capacity lie accompanied M. MicoHet.
dining tlie years '38, and '30, in two separate exph)ra-
tioiis of the greater part of tlie region lying between tho
^Missouri and the Upj)er Rivers, and extending n n i to
the Jiritish line. During his absence, in '38, Fremont
was api)ointod by Mr. Van Huron a second-lieuttmant in
the corps of topogra]>hical engineers which had been
re-organized by General Jackson, who provided that
half of the corps should ho taken frc<m the civil service.
Fremont was one of tho first who profited by this pro-
vision. After the return of these expeditions, more than
a year was occupied in the reduction of their materials,
with a map and report in illustration of them ; and dur-
inj: this time Fremont resided with M. NicoiioL and Mr.
Ilassler, then tho head of tho coast survey. In the
familiar society and conversations of these two remarka-
ble men ho enjoyed the rare opportunity of a daily asso-
ciation with science in her most attractive guise. They
were not men who had worked hiboriously up, branch
by branch, to obtain an incomplete knowledge of sci-
ence ; their genius had spread out its fields distinctly
before them, and tlioy had surveyed them from an emi-
nence. They had invented now forms for the easier
expression of scientific results, and new instrumentci to
extend and ajiply them.

The natural result of such an intercourse was to srive
liim confidence in his resources, and to inspire him with
those enlarged views which have distinguished his sub-

itf-^i- «^4.

I I

I 1

I !

84:

LIFE AND SEIiVICES OF JOHN C. IREMONT.

sequent career, and secured for liim flattering attentions
froui the most eminent pliilosopliers of his age.

Among the friendly and social relations formed at this
time, wliich, perhaps, more than any other, influenced
his future life, by identif}ing him most directly with tlie
interests of the West, was his intimacy with the family
of Mr. Benton, then senator from Missouri in whose
second daughter, Jessie, then only fifteen, he became
deeply interested. His suit was favorably entertained
by the daughter, but not so by her parents.

To the marriage of their daughter with an ofticer,
both Mr. and Mrs. Benton were decidedly opposed.
Mr. Benton, because, in his judgment, the army
was not a 2^i*ofession, only a salary during lifetime,
throwing the widow upon the War Department, to which
Mrs. Benton added the farther objection of her daugh-
ter's extreme youth. Both had the highest personal
regard for Mr. Fremont, whom they had known well
during the two winters previous, and but for these rea-
sons, the marriage would have been, what it afterwards
became, one entirely agreeable to them in every
respect.

During the summer of 184:1, and while the poor young
oflScer was struggling as best he might with the obsta-
cles which his suit had encountered, he received a mys-
terious but inexorable order to make an examination of
the river Des Moines, upon the banks of which the Sacs
and Fox Indians still had their homes, Iowa being at
that time a frontier country. He sat out to the discharge
of this duty with such spirits as he could command,
finished it, and returned to Washington, v/hen shortly
after his return, and on the 19th October, 1841, the
impatient lovers were married.

MONT.

FIRST EXPLORING EXPEDITION.

"g attentions

age.

n-med at this
1", influenced
ctlj with the
li the family
ri in whose
he became
entertained

an officer,
ly opposed.

the army
ig lifetime,
it, to wliich
her daugh-
st personal
nown well

these rea-
afterwards

in every

oor younfir
he obsta-

ed a mys-

nation of
the Sacs

being at
ischargfe

)nimand,

I shortly

S41, the

CHAPTER III.

FIRST EXPLORING EXPEDITION EXPLORES THE SOUTH PASS

PLANTS THE AMERICAN FLAG ON THE HIGHEST PEAK OF
THE ROCKY MOUNTAINS — SPEECH OF SENATOR LINN.

The knowledge already acquired by Fremont of our
northwestern territories was sufficient to reveal to him the
utter ignorance upon the whole subject which prevailed
generally among his countrymen. He discovered that
pretty much all that was known about them was made
up of travellers' tales over their camp-fires about fab-
ulous rivers and mountains and lakes, which never had
any existence except in the imagination of these fron-
tier raconteurs and their too credulous listeners. As
late as 1846, one of the earlier editions of a general
map of tlie United States for the year in the Congres-
sional library at Washington, regarded and quoted as
an authority on the Oregon question that year, even by
the President himself, with entire confidence, repre-
sented the great Salt Lake as discharging itself by
three great rivers into the Pacific ocean — from its
snutliern extremities into the Gulf of California — from
its westf^ni side through the S-ierra Nevada range into
the bay of San Francisco, and from its western extremity
into the embouchure of the Columbia river.* In his

*Hvimboldt, in his Aspects of Nature y p. 50, says: "The physical and

1 1
i
I 111

,1:1 '!i

I !'

LIFE A^D SEIiVlCMS OF JOHN C. FliKMONT.

various explorations Fremont Lad already not only-
disabused his mind of many such absurdities as this,
upon whicli public curiosity liad been fed, but he liad
also become strongly impressed both with the feasi-
Ijility and the necessity of an overland communication of
some kind between the Atlantic and Pacitic States. Tiiis
became a leading idea with him in his subsequent
explorations, to which we are about to direct our read-
ers' attention, and remained at all times and in all situa-
tions one of his favorite dreams.

It was in 184:2 that his first extended plan of geo-
graphical survey was projected, comprehending in its
design the whole of our western t'^rritories lying
between the Missouri and the Pacific ocean. His first
step was the exploration of the northwestern frontier of
the State of Missouri, terminating eastwardly with the
Wind River peak of the Rocky Mountains, upon the
highest of which, 13,000 feet above the ocean, he
succeeded in planting the American flag, and to which
he has given his name. Mr. Benton informs us* that
when Lieut. Fremont applied for this employment, Col.
Abert, the chief of the topographical corps, gave him
an order to go to the frontier, beyond the Mississippi.
"That order," adds the historian, "did not come up to
his views. After receiving it he caiTied it back, and-
got it altered, and the Rocky Mountains inserted as an
object of his exploration, and the South Pass in those

geognostical views entertained respecting the western part of Xorth
America have been rectified, in many respects, by the adventurous
journey of Major Long, the excellent writings of his companioa, Edward
James, and more especially by the comprehensive observations of Captaio
Fremont."

* Benton's Thirty Years' Yiew, vol. ii., p. 4*78.

):s-T.

FIKdT KXPLOUIXG i:XPEDITION.

' not only
ics as this,
>ut lie had

the feasi-
lication of
ates. Til is
lubseqiient

our read-
ti all situa-

n of geo-
ing in its

•les Ijin
His first

i'ontier of
with the

upon the

cean, iie
which
lis* that

ent, Col.

ave him

ssissipjDi.

ne lip to

ick, and
as an

in tliose

of Xorth
venturous
1, Edward
•f Captain

mountains named as a particular point to be examined,
and its position fixed by him. It was through this pass
that the Oregon emigration crossed the mountains, and
the exploration of Lieut. Fremont had the double
eftect of fixing an important point in the line of the
emigrants' travel, and giving them encouragement from
the apparent interest which the government took in
their enterprise. At the same time, the government,
that is, the executive administration, knew nothing
about it. The design was conceived by the young
lieutenant; the order for its execution was obtained,
upon solicitation, from his immediate chief — importing,
of course, as to be done by his order, but an order which
had its conception elsewhere."

Mr. Fremont left Washington, with his instructions,
on the second day of May, 1842 ; completed his
arrangements at Choteau's trading-house, a few miles
beyond the w^estern boundary of the State of Missouri,
and set out upon his expedition on the 10th of June.

He had collected in the neighborhood of St. Louis
twenty-one men, principally Creole and Canadian
voyageurs^ who had become familiar with prairie lite in
the service of the fu'' companies in the Indian country.
Mr. Charles Preuss, a native of Germany, was his
assistant in the topographical part of the survey. L.
Maxw^ell, of Kaskaskia, had been engaged as hunter,
and Christopher Carson (more familiarly known, for his
exploits in tlie mountains, as Kit Carson) was his giiide.
The persons engaged in St. Louis were : Clement Lam-
bert, J. B. L'Espevance, J. B. Lefevre, Benjamin
Potra, Louis Gouin, J. B. Dumes, Basil LajounossG,
Francois Tessier, Benjamin Cadotte, Joseph Clement,
Daniel Simonds, Leonard Benoit, Michel Morly, Bap

-'il''

;

LIFE AND SERVICK8 OF JOHN C. FRKJIONT.

tiste Boriiicr, Ilonore Ayot, Fran9oi8 Latulij^pe, Fran-
cois Badean, Louis Menard, Joseph Iluelle, Moise
Cliardoniiais, Augiiste Janisse, llapbael Prone.

In addition to these, Henry Brant, son of Colonel J.
B. Brant, of St. Louis, a young man of niholi'cn years
of age, and Randolph, a lively boy of twelve, son of the
Hon. Thomas II. Benton, accompanied him. All were
Avell armed and mounted, with the exception of eight
men, who conducted as many carts, in which were
packed the stores, with the baggage and instruments,
and which were each drawn by two mules. A few loose
horses, and four oxen, which had been added to the
stock of provision-^, completed the train. The day on
which they set out happened to be Friday — a circum-
stance wliich his men did not fail to remember and
recall during the hardships and vexations of the ensuing
journey.

For a detailed account of the romantic incidents of
this expedition, of its hazards, privations, and achieve-
ments ; of its geographical and scientific results, which
have received repeated acknowledgment from the most
distinguished sources, the reader is referred to the official
report, of which several editions have been published
in addition to the one printed by Congress for the ufee of
the government. We shall content ourselves with a few
extracts which will best serve to illustrate some ot
the more striking points in Col. Fremont's character. His
journey lay along the bed of Platte lliver, through
what has since become famous as the South Pass, whicli
he first ex})lorcd ; thence north, to the Wind Iliver peiik
of the liocky Mountains, which he first ascended, and
to which he has j:iven his name ; and thence home bv
way of the Loup fork of the Platte River. When the

310NT.

FIRST EXPLOliING EXPEDITION.

ilippe, Fran.
nolle, JVIoj

ise

one.

)f' Colonel J.
iiv.:?cn years
e, son of the
I. All were
ion of eight
which were
instruments,
A few loose
Ided to the
The day on
—a circum-
ember and
the ensuing

icidents of
d achieve-
ults, which
a the most

he official

published

the nfee of

with a few

some ot
icter. His

through
iss, whicli
iverjjeiik
kIcmI, and
home bv
Vhen the

party arrived on their way out, at Fort Laramie on the
12th of July, they found a bad state of feeling had grown
up between the Cheyennes and Sioux Indians on the one
hand, and the whites on the other, in consequence of an
unfortunate engagement which had recently occurred,
iu which the Indians had lost eight or ten warriors.
Some eight hundred Indian lodges were ascertained to
be in motion against tlie whites, and great alarm had
been inspired by the intelligence received of their move-
ments. What followed, we have thought of sufficient in-
terest to quote at length in Col. Fremont's own words :

"Thus it would appear that the country was swarming with
scattered war-parties ; and when I heard, during the day, the
various contradictory and exaggerated rumors which were inces-
santly repeated to them, I was not su/prised that so much alarm
prevailed among my men. Carson, one of the best and most
experienced mountaineers, fully supported the opinion given by
Bridger of the dangerous state of the country, and openly
expressed his conviction that we could not escape without some
sharp encounters with the Indians, '^.i addition to this, he made
his will ; and among the circumstances whi(;h were constantly
occurring to increase their alarm, this was the most unfortunate;
and I found that a number of my party had become so much
intimidated that they had requested to be discharged at this
place. I dined to-day at Fort Platte, which has been mentioned
as the junction of Laramie River with the Nebraska. Here I
heard a confirmation of the statements given above. The party
of warriors, which had started a few days since on the trail of
the emigrants, was expected back in fourteen days, to join the
village with which their families and the old men had remained.
The arrival of the latter was hourly expected, and some Indians
had just come in who had left them on the Laramie fork, about
twenty miles above. Mr. Bissonette, one of the traders belong-

'«

■if

Ij'i
il

i! •

: il I

I ]ii!<<

III

I iii !

JL.

LIFE AND 8ERVICK8 OF JOHN C. FREMONT.

ing to Fort Platte, urgfed the propriety of taking with ine an
interpreter rthI two or three old men of the village ; in which
case, he thouuht there would be little or no hazard in encoun-
tering any of the war-parties. The ])rin('ipal danger was in
being attacked before they should know who we were.

" 'J'hey had a confused idea of the numbers and power of our
people, and dreaded to bring upon themselves tlie military force
of the United States. This gentleman, who spoke the language
llucntly, offered his services to accompany me so tar as the Red
Buttes. lie was desirous to join the large party on its return,
for purposes of trade, and it would suit his views, as well as my
own, to go with us to the Buttes ; beyond wtnch point it would
be impossible to prevail on the Sioux to venture, on account of
their fear of the Crows. From Fort Laramie to the Red Buttes,
by the ordinary road, is one hundred and tliirty-five miles ; and,
tliough only on the threshold of danger, it seemed better to
secure the services of an interpreter for the partial distance, than
to have none at all.

" So far as frequent interruption from the Indians would allow,
we occupied ourselves in making some astronomical calculations,
and bringing up the general map to this stage of our journey ;
but the tent was generally occupied by a succession of our cere-
monious visitors. Some came for presents, and others for infor-
mation of our object in coming to the country ; now and then,
one would dart uj) to the tent on horseback, jerk oft" his trap-
pings, and stand silently at the door, holding his horse by the
halter, signifying his desii'e to trade. Occasionally a savage
would stalk in with an invitation to a feast of honor, a dog feast»
and deliberately sit down and wait quietly until I was ready to
accompany him. I went to one ; the women and children were
sitting outside the lodge, and we took our seats on buftalo robes
spread around. The dog was in a large pot over the tire, in the
middle of the lodii-e, and immediatelv on our arrival was dished
up in lai'ge wooden bowls, one of which was handed to each.
The llesh apj)cared very glutinous, witli something of the flavor

[ONT.

? with ine an
\ge ; in wliich
ii'<l in oncoiin-
iiiger was in
ere.

power of our
military force
the lano-naii^e
ir as the lied
on its return,
IS well as my
oint it would
n account of
Red Buttes,
miles; and,
sd better to
istance, than

vould allow,

•alculations,

ir journey ;

)f our cere-

rs for infor-

V and then,

^" his trap-

>i'se by the

a sa\age

dog feastt

IS ready to

dren were

Halo robes

lie, in the

as dished

1 to each.

the flavor

FIRST EXPLORING EXPEDITION.

and appearance of mutton. Feeling sometliing move behind me,
I looked round, and found that I had taken my seat among a
litter of fat young puppies. Had I been nice in such matters,
the prejudice? of civilization might have interfered with my tran-
quillity ; but fortunately, I am not of delicate nerves, and con-
tinued to e»npty my platter.

" The weather was cloudy at evening, with a moderate south
wind, and the thermometer, at six o'clock, 85 degrees. I was
ii.sappointed in my hope of obtaining an observation of an
occultation, which took place about midnight. The moon
brought with her heavy banks of clouds, through which she
scarcely made her appearance during the night.

"The morning of the 18th was cloudy and calm, the ther-
mometer, at six o'clock, 64 degrees. About nine o'clock, with a
moderate wind from the west, a storm of rain came on, accom-
j)anied by sharp thunder and lightning, which lasted about an
hour. During the day the expected village arrived, consisting
principally old men, women, and children. They had a considerable
number of horses and large troops of dogs. Their lodges were
pitched near the fort, and our camp was constantly crowded
with Indians of all sizes, from morning until night ; at which
time some of the soldiers generally came to drive them all off* to
the village. My tent was the only place which they respected.
Here only came the chiefs and men of distinction, and generally
one of them remained to drive away the women and chil-
dren. The numerous strange instruments, applied to still stranger
uses, excited awe and admiration among them, and those which
I used in talking with the sun and stars they looked upon with
special reverence, as mysterious things of ' great medicine.' Of
the three barometers which I had brought with me thus far suc-
cessfully, 1 fuund that two were out of order, and spent the
greater part of the 19th in repairing them — an operation of no
small dithculty in the midst of the incessant interruptions to
which I was subjected. We had the misfortune to break here
a large thermometer graduated to show fifths of a degree, which

! 1

It 1 1

r'!

LIFE AND 8KRVICE8 OF JOHN 0. FRKMONT.

I used to ascertain the temperature of boiling water, and with
which I had promised myself some interesting experiments in
the mountains. Wo had but one remaining, on which the
graduation extended sufficientlj' high ; and this was too small
for exact observations.

" During our stay here, the i.'in had been engaged in making
numerous repairs, arranging pack-saddles, and otherwise preparing
for the chances of a rough road and mountain travel. All things
of this nature being ready, I gathered them around me in the
evening, and told them that 'I had determined to proceed the
next day.' They were all well armed. I had engaged the
service oi' Mr. liissonette as interpreter, and had taken every
means possible in the circumstances to ensure our safety. In
the rumors we had heard, I believed that there was much exag-
geration, and then they were men accustomed to this kind of
life and to the country ; and that these were the dangers of every
day occurrence, and to be expected in the ordinary course of
their service. They had heard of the unsettled condition of the
country before leaving St. Louis, and therefore could not make
it a reason for breaking their engagements. Still, I was unwil-
ling to take with me, on a service of some certain danger, men
on whom i could not rely ; and as I had understood that there
were some among them who were disposed to cowardice, and
anxious to return, they had but to come forward at once, and
state their desire, and they would be discharged with the amount
due to them for the time they had served. To their honor be it
said, there was but one among them who had the face to come
forward and avail himself of the permission. I asked him some
few questions, in order to expose him to the ridicule of the men,
and let him go. The day after our departure, he engagetl him-
self to one of the forts, and set oti" with a i)arLy to the Upper
Missouri.

"I did not think that the situation of the country justified ine
m taking our young companions, Messrs. Brant and l^enton,
along with us. In case of misfortune, it would have been

HKI

iMONT.

FIRST EXPLORING EXPEDITION.

tvater, and with
ex])eriinents in
on wliich the
Avas too small

ged in making
rwise preparing
-el. All things
imd me in the
;o proceed the
1 engaged the
1 taken every
iir safety. In
as much exaer-
) this kind of
ngers of every
ary course of
idition of the
Id not make
I was unwil-
danger, men
)d that there
'wardice, and
at once, and
the amount
honor be it
ace to come
sd him some
of tlie men,
'i;nged liim-
the Up])er

justified me
tid Benton,
have been

thouirht, at the least, an act of great imprudence; and, tliercfore,
thou'di reluctantly, I determined to leave them. Kaiidolph had
been the life of I'le camp, and iliQ'' petit (/arfon^ was much
recrretted by the men, to whom his buoyant spirits had atforded
gnat amusement. They all, however, agreed in the i)ropriety
of leaving him at the fort, because, as they said, he might cost
the lives of some of the men in a fight with the Indians.
I ^''July 21. — A portion of our baggage, with our Held notes
and observations, and several instruments, were left at the fort.
One of the gentlemen, Mr. Galpin, took charge of a barometer,
which he engaged to observe during my absence ; and I entrusted
to liandolj)h, by way of occupation, the regular winding up of
two of my chronometers, which were among the instruments left.
Our observations showed that the chronometer which I retained
for the con'anuation of our voyage, had preserved its rate in a most
satisfactory manner. As deducHid from it, the longitude of Fort
Laramie is 7 hours 01 minutes 21 seconds, ami from lunar dis-
tance, 7 hours 01 minutes 29 seconds — giving for the adopted
longitude 104 degrees 47 minutes 48 seconis. Comparing the

ti barometical observation made during our stay here, with those
of Dr. G. Engleman, at St. Louis, we find for the elevation of
the fort above the Gulf of Mexico, 4,470 feet. The winter
climate here is remarkably mild for the latitude; but rainy
weather is frequent, ami the place is celebrated for winds, of
which the prevailing one is west. An east wind in summer,
and a south wind in winter, are said to bo always accompanied
with rain.

" We were ready to depart ; the tents were struck, the mules
geared up, and our horses saddled, and we walked up to the fort
to take the t>tirrup-cup with our friends in an excellent home-
brewed preparation. While thus pleasantly engaged, seated in

1 one of the little cool chambers, at the door of which a man had
been stationed to prevent all intrusion from the Indians, a num-

1 ber of chiefs, several of them powerful, fine looking men, forced
their way into the room in spite of all opposition. Handing mo

,ii;

LIFE AND 8KKVICK8 OF JOHN C. FREMONT.

the following letter ( in French), they took their seats in
silence :

[translation.]

" Fonx Vlattk, Jtilj/ 1, 1S42.
'*'Mu. Fhemont: The chiefs, having assembled in council, have just
told ine to warn you not to sot out before the party of younj^ men which
irt now out shall have returned. Furthermore, they tell me, that they uro
Very s>ire they will fire upon you as soon as they meet you. They are
expected back in seven or eight days. Excuse me for muking these ob-
servations, but it seems my duty to warn you of danger. Moreover, the
chiefs who prohibit your setting out before the return of the warriors
are the bearers of this note.

*"I am your obedient servant,

'"Joseph Bissonettk.

" 'By L. B. ClIARTRAIN.

"*iVames of some of the Chiefs. — The Otter Hat, the Breaker of Ai***
rows, the Black Night, the Bull's Tail.'

" After reading this, I mentioned its purport to my compan-
ions ; and, seeing that all were fully possessed of its contents, one
of the Indians rose up, and, having first shaken hands with me,
spoke as follows :

" ' You have come among us at a bad time. Some of our peo-
ple have been killed, and our young men, who are gone to the
mountains, are eager to avenge the blood of their relations,
which has been shed by the whites. Our young men are bad,
and if they meet you, they will believe that you are carrying
goods and ammunition to their enemies, and will fire upon you.
You have told us that this will make war. We know that our
great father has many soldiers and big guns, and we are anxious
to have our lives. We love the whites, and are desirous of peace.
Thinking of all these things, Ave have determined to keep you
here until our warriors return. We are clad to see vou aniono"
us. Our father is rich, and we expected that you would have
brought presents to us — horses, guns, and blankets. But we are
glad to see you. \Ve look upon your coming as the light which
goes before the sun ; for you will tell our great father that you

P fc

their seats in

-ATTR, July 1, 1S42.

-•ouncil, have just
>'ouii^' nu'ii wliich
inc, that they aro
you. Tliey are
niiikiijg these ob-
. Moreover, the
^ of the warriors

BrSSONETTK.
. ClIARTRAIN.

Breaker of Aiv

my compan-
i contents, one
inds with me,

e of our peo-
gone to the

V relations,
nen are bad,
arc carrying

upon you.
low that our
are anxious
►us of peace.
keep you
you finionor
kvould Lave
But we are
ight which
3r that you

nnST EXPLORING F.XnCDlTION.

have seen us, and that we are naked and poor, and have no-
lliiiii; to eat; and he will send us all tliose thin<rs.'

*' lie was follosved hy the others, to the same ellect.

"The observations of the savaf>-o appeared r<'asonal)lo ; but I
WJis awaie that they had iu view only the present object of de-
taining nie, ami were unwilling I should go further into tht
country. In reply, I asked them, through the interpretation of
Mr. lioudeau, to sele(;t two or three of their number to accom-
p.iny us until we should meet their people — they sliould spread
tlicii- robes in my tent and eat at my table, and on our return I
would give tliem presents in reward of their services. Tiiey de-
clined, savino- that there were no vounfj men left in the villaijej
and that they were too old to travel so many days on horseback,
and preferred now to smok»i their pipes in the lodge, and let the
warriors go on the war path, liesides, they had no power over
the young men, and were afraid to interfere with them. In my
turn I addressed them :

'♦'You s;iy that you love the whites: why have you killed so
many already this spring ? You say that you love the whites,
and are full of many expressions of friendship to us ; but you
are not willing to unrlergo the fatigue of a few days' ride to save
our lives. We do not believe wliat you have said, and will not
listen to you. \Yhate\er a chief among us tells his soldiers to
do, is done. We are the soldiers of the great chief, your father.
He has told us to come heie and see this country, and all the
Indians, liis childien. Why should we not go ? Before we
came, we heard that you had killed his people, and ceased to be
his children ; but we came among you peaceably, holding out
our liands. Now we find that the stories we heard are not lies,
and that you are no longer his friends and children. We have
thrown away our bodies, and will not turn back. When you told
ns that your young men would kill us, you did not know that
our hearts were strong, and you did not see the rifles which my
young men carry in their hands. We are few, and you are
many, and may kill us all ; but there will be much crying in

LIFE AND 8EKVICK8 OF JOUN 0. FUKMONT.

,1 :;

. I iii '.

your villaijos, for m.'vny of your young niou will stay Itoliinij, and
for<rt't to return with your warriors from t! « mountains. Do you
think that our great chief will lot his soldiers ilie, and forget to
cover their graves ? Before the snows melt again, his warriors
will sweep away your villages as the fire does the prairie in the
antumn. See ! 1 have pulled down my white houses^ and my
people are ready : when tlio sun is ten paces higher, we shall be
on the nuirch. If you have anything to tell us, you will say it

soon.

" I broke up the conference, as I could do nothing with these
people ; and, being resolved to proceed, nothing was to be gained
by dehiy. Accompanied by our hospitable friends, we returned
to the camp. We had mounted our horses, and our parting salu-
tations had been exchanged, when one of the chiefs (the Hull's
Tail) arrived to tell me that they had determined to send a young
man with us ; and if I would point out the place of our evening
camp, he should join us there. 'The young man is poor,' said he;
'he has no horse, and expects you to give him one.' I described
to him the place where I intended to encamp, and, shaking
liaiids, in a few minutes we were among the hills, and this last
habitation of wliites shut out from our view."

They were not disturbed fartlier by the Indians in tho
prosecution of tbeir journey, but they encountered a
more Ibrniidable eneinv toward the close of the week,
in the scarcity of provisiotis ; a groat drought and tlie
grasshoppers having swept the country so, that not a
blade of grass was to be seen, nor a buftah) to be found
through the whole region. Some Sioux Indians whom
they met, stated that their peojde were nearly starved
to death ; had abandoned their villages, and their reced-
ing tracks might be marked by the carcases of horses
strewed along the road, of which they had eaten, or
which had died of starvation. Bisonnette advised

MONT.

fav Itoliind, and
nt.'iiiis. Do voii
S ami (oriTt't to
ill, his warriors
u i>rairio in the
'louses, and my
er, we sluill be
you will say it

ino; with those
IS to be ifiiiiicd
Is, wo returned
r parti njr salu-
L>ts (the Bull's
o send a younc
)t' our evening
poor,' said he ;
.' I described
and, shaking
, and this last

clians in tho
ountered a
f the week,
ht and the
that not a
to be found
ians whom
r\y starved
heir reced-
of liorses
eaten, or
advised

FIRST EXPLORINa EXPEDITION.

Fremont, to return. Tho latter called up hU men,
. inforuHMl tliem of vvliat lie had heard, and with that
■ inflexibility of purpose and faith in biinscil', whieli
alwavfl seem in hours of greatest ])eril to have pur-
tained hiin, avowed his lixed deterniiiuition to proeeed
ill the execution of the enterpriso for whieh he liud been
commipsioned, at the same time givinf; them to under-
Btand that, in view of the dani;ers to whieh they were
exposed, it was optional with them to go with him
or to I'eturn.

" Among them," says Fremont, " were some five or
six whon I knew would remain. We had still ten days'
provisions; and should no game be found, when this
stock was expended, we had our horses and mules,
which we could eat when other means of subsistence
failed. ]iut not a man flinched from the midertaking.
'We'll eat the mules,' said Jjasil Lajeunesse ; and there-
upon we shook hands with our interpreter and his Indi-
ans, and parted. Witji them I sent back one of my men,
Dumes, whom the eftects of an old wound in the leg
rendered incapable of continuing the journey on foot,
and his horse seemed on the point of giving out. Hav-
ing resolved to disencumber ourselves immediately of
everviliiuii' not absolutelv necessary to our future cfjjera-
tions, I turned directly in toward the river, and
encamped on the left bank, a little above the place
where our council had been held, and where a thick
grove of willows offered a suitable spot for the object I
had in view." Mr. Fremont then proceeds as follows :

"Tho carts having been discharged, the covers and wheels
were taken off, and, with the frames, carried into some low places
among the willows, and concealed in the dense foliage in such a

ili:

LIFE AND SERVICES OF JOHN C. FREMONT.

manner that tlie glitter of the iron work might not attract the
observation of some straggling Indian. In the sand, which had
been blown up into waves among the willows, a large hole was
then dug, ten feet square, and six deep. In the meantime, all
our effects had been spread out upon the ground, and whatever
was designed to be carried along with us separated and laid aside,
and the remaining part carried to the hole and carefully covei-ed
up. As much as possible, all traces of our proceedings were
obliterated, and it wanted but a rain to render our cache safe
beyond discovery. All the men were now set at work to arrange
the pack-saddles and make up the packs.

" The day was very warm and calm, and the sky entirely clear,
except where, as usual along the summits of the mountainous
ridge opposite, the clouds had congregated in masses. Our
lodge had been planted, and on account of the heat the
ground pins had been taken out, and the lower part slightly
raised. Near to it was standing the barometer, which swung
in a tripod frame ; and within the lodge, where a small
fire had been built, Mr. Preuss was occupied in observing the
temperature of boiling water. At this instant, and without any
■warning until it was within fifty yards, a violent gust of wind
dashed down the lodge, burying under it Mr. Preuss und about
a dozen men, who had attempted to keep it from being carried
awav. I succeeded in savinrj the barometer, which the lodo-e
was carrving ofi" with itself, but the thermometer was broken.
We had no others of a high graduation, none of those which
remained going higher than 130° Fahrenheit. Our astronomi-
cal observations gave to this place, which we named Cache camp,
a longitude of 106° 38' 26", latitude 42° 50' 53"."

The care with which Mr. Fremont records the pre-
servation of this barometer lends interest to his
subsequent account of its destruction and the ingenuity
with which he repaired its loss. In crossing the New
Fork of Green river al)out a week after the events last

REMONT.

bt not attract the
3 sand, whicli liad

a Jarge hole was
he meantime, all
nd, and wliatever
ed and laid aside,
carefully covei-ed
proceedings were
r our cache safe

work to arrange

ky entirely clear,
he mountainous
n masses. Our
the heat the
3r part slightly
r, which swung
where a small
1 observing the
nd without any
It gust of wind
euss and about
I being carried
liich the lodge
er was broken,
of those which
3ur astronomi-
id Cache camp,

I'ds the pre-
test to liis
le inffeniiitv
ig the Xew
■ events last

^Mli

it
! I

ill!;

!i H .

nti;.MiiM' n. A.N IS niK \.mi:hi(an i i.A(i on nii; inciii-si I'KAK oi- iiu i.ik kv .moin i iI.ns.

FIEST EXPLORING EXPEDITION.

described, the current was very swift, and lie accident-
ally broke it. It M'as the only barometer he had bee-i
able to preserve up to that point in his journey, and in
recording the calamity in his journal, he adds:

MIIIN r il.SS,

" A grecat part of the interest of the journey for me was in
the exploration of these mountains, of which so much had been
said that was doubtful and contradictory ; and now their snowy
]ioaks rose majesticall}^ before me, and the only means of giving
them authentically to science, the object of my anxious solici-
tude by night and day, was destroyed. We liad brought this
barometer in safety a thousand miles, and broke it almost
amoncf the snow of the mountains. The loss was felt by the
whole camp — all had seen my anxiety, and aided me in preserv-
ing it. The height of these mountains, considered by the
hunters and traders the highest in the whole rano-e, had
been a theme of constant discussion among them ; and all
had looked forward with pleasure to the moment when the
instrument, which they believed to be true as the sun, should
stand upon the summits, and decide their disputes. Their grief
was only inferior to my own."

The skill and patience exhibited by him in repairing
his loss illustrates one of the most characteristic and
remarkable traits of Mr. Fremont's character — his fer-
tility of resource and his habitual self-reliance. The
incident cannot be better described than in his own
words.

"As soon as the camp was formed," he says, "I set about
endeavoring to repair my barometer. As I have already said,
this was a standard cistern barometer, of Trouo-hton'a construe-
tion. The glass cistern had been broken about midwav ; but as
the instrument had been kept in a proper position, no air had

' 1 i '{.

LIFE AND SERVICES QF JOHN C. FREMONT.

found its way into the tube, the end of wliicb liad always
rtMnained covered. I had Avith nie a number of vials of toler-
ably thick glass, some of wliich were of tlie same diameter as
llie cistern, and I spent the day in slowly working on these,
cn<loavoring to cut them of the requisite length ; but, as my
iii.strument was a very rougli file, I invariably broke them. A
groove was cut in one of the trees, wliere the barometer was
})laced during the night, to be out of the way of any possible
danger, and in the morning I commenced again. Among the
powder horns in the camp, I found one which was very trans-
parent, so that its contents could be almost as plainly seen as
through glass. This I boiled and stretched on a piece of wood
to the requisite diameter, and scraped it very thin, in order to
increase to the utmost its transparency. I tlien secured it
firmly in its place on the insti'ument, with strong glue made
from a bufialo, and filled it with mercury, properly heated. A
piece of skin, which ])ad covered one of the vials, fuinished a good
pocket, which was well secured Avilh strong thread and glue, and
then the brass cover was screwed to its place. The instrument
was left some time to dry; and when I reversed it, a few hours
after, I had the satisfaction to find it in perfect order; its indica-
tions being about the same as on the other side of the lake before
it had been broken. Our success in this little incident difi'used
pleasure throughout the camp; and we immediately set about
our preparations for ascending the mountains."

I.iiiii'i!

Tlie great achievement of this expedition, Iiowover, and
one of the greatest ever accomplished by any traveller
in any age, all tlie circumstances considered, was the
ascent of the Wind Eiver peak of the Hocky Mountains,
the highest peak of that vast chain, and one which was
probably never trod before by any mortal foot. The
simplicity of Mr. Fremont's account of this day's jour-
ney befits the sublimity of the events he records. His

lONT.

1 IkkI always

vials of toler-

\e diameter as

kinij on these,

, ; but, as my

oke them. A

.)arometcr was

f any possible

. Among the

vas very trans-

[)lainly seen as

piece of wood

in, in order to

I en secured it

ng glr.e made

rly licated. A

iruished a good

and glue, and

'he instrument

it, a few hours

er ; its indica-

le lake before

ident difi'used

ely set about

ovvever, and
iiy traveller
ed, was the
Mountains,
wliicli was
1 foot. The
day's jour-
cords. His

FIRST EXPLORING EXPEDITION.

companions in the ascent were Mr. Preuss, Basil Lajeu-
iR'!?8e, Clement Lambert, Janisse and Descoteaux. We
can add nothing to the interest or impressivenesa of the
narrative.

"When we had secured strength for the day (15 Aug.) by a
heiirtv breakfast, we covered what remained, which was enough
for one meal, with rocks, in order that it might be safe from
{inv marauding bird; and saddling our mules, turned our faces
on('e more towards the peaks. This time we determined to pro-
ceed quietly and cautiously, deliberately resolved to accom])lish our
object if it were within the compass of human means. We were
of opinion that a long defile which lay to the left of yesterday's
route would lead us to the foot of the main peak. Our mules
had been refreshed by the fine grass in the little ravine at the
Island camp, and we intended to ride up the defile as far as pos-
sible, in order to husband our strength for the main ascent.
Though this was a fine passage, still it was a defile of the most
rugged mountains known, and we had many a rough and steep
slippery place to cross before reaching the end. In this place the
sun rarely shone ; snow lay along the border of the small stream
which flowed through it, and occasional icy passages made the
footing of the mules very insecure, and the rocks and ground
were moist with the trickling waters in this spring of mighty
rivers. AVe soon had the satisfaction to find ourselves ridincr
alonof the huge wall which forms the central summits of the chain.
There at last it rose by our sides, a nearly perpendicular wall of
granite, terminating 2,000 to 3,000 feet above our heads
in a serrated line of broken, jagged cones. We rode on until wo
came almost immediately below the main peak, which I denomi-
nated the Snow Peak, as it exhibited more snow to the eye
than anv of the neifjliborino- summits. Here were three small
lakes of a green color, each of perhaps a thousand yards in dia-
meter, and apparently very deep. These lay in a kind of chasm ;
and, according to the bai'ometer, we had attained but a few hun-

LIFE AND SERVICES OF JOHN C. FBEMONT.

drod loet above tlie Island liiko. The barometer here stood a
20*4i")0, attached thermometer V0°.

" We inana^'ed to get our mules up to a little bench about a
lumdred ieet above the lakes, and turned them loose to graze.
During our rough ride to this place, they luul exhibited a won-
deri'iil surefootedness. Parts of the defile were filled with angu-
lar, sharp fragments of rock, three or four r-nd eight or ten feet
cubic ; and among these they liad worked their way leaping
from one narrow point to another, rarely making a false step,
and giving us no occasion to dismount. Having divested our-
selves of every unnecessary encumbrance, we commenced the
ascent. This time, like experienced travellers, we did not press
ourselves, but climbed leisurelv, sitting down so soon as wo found
breath beginning to tail. At intervals we reached places where
a number of spi-ings gushed from the rocks, and about 1,800 feet
above the lakes came to the snow line. From this point our
progress Avas uninterrupted climbing. Hitherto I had worn a
pair of thick moccasins, with soles of imvfitche^ but here I put on
a light thin pair, which 1 had brought for the purpose, as now
the use of our toes becanie necessary to a further advance. T
availed myself of a sort of comb of the mountain, which stood
against the wall like a buttress, and which the wii\d and the solar
radiation, joined to the steepness of the smooth rock, had kept
almost entirely free from snow. Up this I made my way rapidly.
Our cautious method of advancing in the outset had spared my
strength ; and with the excep^on of a slight disposition to head-
ache, I felt no remains of yesterday's illness. In a few minutes
we reached a point where the buttress was overhanging, and there
was no other way of surmounting the difficulty than by passing
around one side of it, which was the face of a vertical precipice
of several hundred feet.

"Putting hands and feet in the crevices between the blocks, I
succeeded in getting over it, and, wd)eu I reached the top, found
my companions in a small valley below. Descending to them,
wc continued cHnibing, and in a short time reached the crest.

MONT.

r here stood a

! bench about a

loose to graze.

liibited a woii-

illed with ano'u-

light or ten feet

ir way leaping

iiig a false step,

(r divested our-

L^onimenced the

ve did not press

joon as wo found

ed places where

about 1,800 feet

this point our

I had worn a

ut here I put on

)urposo, as now

er advance. I

n, which stood

and the solar

ock, had kept

ny way rapidly.

ad spared my

Dsition to head-

a few minutes

ging, and there

lan by passing

rtical precipice

n the blocks, I

the top, found

ding to them,

died the crest.

FIRST KXPLOEINO EXPEDmON.

I sprano- upon the summit, and another step would have precipi-
tated me into an immense snow-lield tive hundred feet below*
To the edge of this field was a sheer icy precipice ; and then,
with a gradual fall, the field sloped otf for about a mile, until it
struck the foot of another lower ridge. I stood on a narrow crest
about three feet in width, witli an inclination of about 20° N.
51° E. As soon as I had gratified the first feeling of curiosity,
I descended, and each man ascended in his turn; for I would
oulv allow one at a time to mount the unstable and precarious
slab, which it seemed a breath would hurl into the abyss below.
"We mounted the barometer in the snow of the summit, and fixing
a ramrod in a crevice, unfurled the national flag to wave in the
breeze where never flag waved before. During our morning's
ascent, we had met no sign of animal life, except the small spar-
row-Hke bird already mentioned. A stillness the most profound
and a terrible solitude forced themstilves constantly on the mind
as the great features of the place. Here, on the summit, where
the stillness was absolute, unbroken by any sound, and the solitude
complete, we thought ourselves beyond the region of animated
life ; but while we were sitting on the rock, a solitary bee {hromus,
the humble bee) came winging his flight from the eastern valley,
lit on the knee of one of the men.

'' It was a strange place, the icy rock and the highest peak of
the Rocky Mountains, for a lover of warm sunshine and flowers ;
a"d we pleased ourselves with tlio idea that he was the first of
his species to cross the mountain barrier — a solitary pioneer to
foretell the advance of civilization. I believe that a moment's
thought would have made us let him continue his way unharmed ;
but we carried out the law of this country, where all animated
nature seems at war ; and seizing liim immediately, put him in
at least a fit place — in the leaves of a large book, among the
flowei's we had collected on our way. The barometer stood at
18-293, the attached thermometer at 44° ; giving for the eleva-
tion of this summit 13,5'i'O feet above the Gulf of Mexico, which
may be called the highest flight of the bee. It is certainly the

LITE AND SERVICE3 OF JOHN C. FREMONT.

highest known flight of that insect.* From the description
given by Mackojizie of the mountains where lie crossed them,
wilh that of a French ollicer still farther to the north, and Col.

i h !

U \ if

■'i

*Tlic encounter of Col. Fremont with this solitary pioneer of human
civiliziition upon the summit of the highest peak of the Kocky Mountains,
is a curious commentary upon the familiar lines whirh eonoludes I3ryant'8
poem of the Prairies, and which will already have occurred to many of
our readers upon the perusal of the all'ecting incident so gracefully
recorded by Col. Fremont.

* * • * "The bee,

A colonist more adventiu'ous tlian man,

With wlioni he ciinie across the Eastern deep —

Fills the savannas with liis imirniurings,

And hides his sweets, as in the Gulden Age,

Within the hollow oak. I listen long

To his domestic hum, and think I hear

Tlie sound of that ailvancinj; multitude

Which soon shall fill these deserts. From the ground

Comes up the laugh of children, the soft voice

Of maidens, and the sweet and solemn hymn

Of Sabbath worshippers. Tlie low of herds

Blends with the rustlinf? of the heavy grain

Over the dark-l)r()wn furrows. All at once,

A fresher wiml sweeps by, and breaks my dream,

And I am in the wilderness alone.

"Fremont, in the expedition which he made between the years 1842
and 1844, at the command of the United States government, discovered
and measured barometrically the highest peak of the whole chain of the
Rocky Mountains to the north-northwest of Spani.sh, James', Long's,
and Laramie's Peaks. This snow-covered sunnnit, which belongs to the
group of the Wind Kiver Mountains, bears the name of Fremont's Peak,
on the great chart published under the direction of Colonel Abert, chief
of the topogra])hical department at Washington. This point is situated
in the parallel of 4.3^ 10' north latitude, and IIC^ 7' west longitude, and,
therefore, nearly 5^ 30' north of Spanis^h Peak, which, according to
direct measurement, is 13,508 feet, must, therefore, exceed by 2,072 feet
that given by Long to James' Peak, which would appear, from its
position, to be identical with Pike's Peak, as given in the map above
referred to. The Wind River Mountains constitute the dividing ridge
{divortia aquarian) between the two seas.

*' To the surprise of the adventurous travellers, the summit of Fremont's

ONT.

FIRST EXPLORING KXPEDITION.

ic description
crossed tlicin,
oi'lh, and Col.

sneer of human
3cky Mountains,
K'hules IJryant'8
red to many of
t so gracefully

the years 1842

ent, diseovered

e chain of the

iimcs', Long's,

belongs to the

omont's Peak,

el Abert, chief

»lnt is situated

ongitudc, and,

according to

by 2,072 feet

)car, from its

le map above

dividing ridge

Loiv's moasurenients to the south, joitiod to the opinion of the
oldest tniders of the countty, it is presiitnod that this is the
liii^hcst peak of the Rocky ^^uunt;liIls. The (\;\y was sunny and

Peak was found to bo visited by bees. It is proliable that (liepc in>-ocfs,
like the liutterflies which I found at far liiglicr elevations in the chain
of the Andes, and also within the limits of perpetual snows, had boon
iiivohiiitarily dra-n thither by ascending currents of air. I hiivo v^vcii
seen large-v'"^" . Icpidoptera, which had been carried far out to sea by
land winds, drop on the ship's deck, at a considerable distance from the
land, in the South Sea.

''Fremont's map and geographical researchos embrace the immense
tract of land extending from the confluence of Kansas Iliver witli the
Missouri, to the cataracts of the Cohiniliia, and the Missions of Santa
Barbara, and the Pueblo de los Angelos, in X(^w California, ])resonting a
sjjace amounting to 28 degrees of longitude (about llJdo miles) between
the Sith and -lotli parallels of north latitude. Four Inuidred points have
been hypsometrically determined by barometrical measurtiiionts, and for
the most part, astronomically; so that it has been rendered ix)ssible to
delineate the profile above the sea's level, of a tract of land measuring
3,600 miles, with all its inflections, extending from the north of Kansas
to Fort Vancouver, and to the coasts of the South Sea (alnu)st 720 miles
more than the distance from Madrid to Tol)olsk), As I believe I was
the first who attempted to represent, in geognostic profile, the configura-
tion of Mexico and the Cordilleras of South Ameri/'a (for the half-per-
spective projections of the Siberian traveller, the Abbe Chappe*, were
based on mere, and, for the most part, on very inaccurate estimates of
the falls of rivers); it has aflbrded me special satisfaction to there find
the graphical method of representing the earth's configuration in a ver-
tical direction, that is, the elevation of solid over fluid parts, achieved on
so vast a scale. In the mean latitudes of 37^ to 40-", the Rocky Moun-
tains present, besides the great snow-crowned summits, whose height
may be compared to that of the Peak of Tenerille, elevated plateaux of
an extent scarcely to be met with in any other part of the world, and
whoso breadtli from east to west is almost twice tluit of the Mexican
highlands. From the range of the niountains which begin a little west-
ward to Fort Laramie, to the further .side of the Wah.<<Htch Mountains, the
elevation of the soil is uninterruptedly maintained from five to upward^ ";f
seven thousand feet above the .sea level ; nay, this elevated portion

t of Fremont's

♦Chappe d'Auteroche: Voyage en Siherie,fuil en 17CI. 4 Yols.,4to., Paris, 1768.

I I

■ n

LIFE AND SKKVICKS OK AOllS C. FRKMONT.

briglit, but a sli(j;lit sh'miiiij mist liuiii; ovor the lower plains, which
inturfered with our \'u)\y of the siirrouiuliiiLj couiilry. On one
sido wo overlooked inniiincrablt; lakes and streams, the sj>riiii^ of
tho (,'olorado of tlio (iuif of (Jalifornia; and on tlio other was
tlio Wind Iliver valley, where wero tho heads of tlie Vellow-
Rtoue branch of the Missouri ; far to tho north, we j.ist could
discover tlie snowy heads of tho Trols Tctons, wliero wore tho
source of tho Missouri au'l Columbia rivers; and at tho southern
extremity of the ridufo, the peaks were plainly visible, amonij
which were some of tho sorings of the Nebraska or Platte River.
Aiound us, tho whole i^cene had one main strikinnr feature,
whicli was that of terrible convulsion. Parallel to its length,
tlie ridgo was split info ch;tsms and fissures ; between which
rose the thin lofty walls, terminated with slender minarets and
columns. Accordinir to the barometer, the. little crest of tho
wall 0)1 which we stood was three thousand five liundrc' and
seventy feet above tliat place, and two thousand seven liundred and
eighty above the little lakes at the bottom, immediately at our
feet. Our camp at the Two Hills (an astronomical station) bore
Bouth 3° east, whicdi, with a bearing afterward obtained from a
fixed |»osition, enabh;d us to locate the peak. The bearing of
the Tfois Tetons was north 50° west, and tho direction of tho cen-
tral ridii'o of the Wind Kiver mountains souUi 30° east.

occupies tho whole space Ijctwoeu the true Rocky Mountains and the
Calil'ornian t:no\vy const rauf^e from M'-^ to 45-^ north liititude. This
district. w])ich is ti kind of l>roixd longitudinal valley, like that of tho
Lake Titicaca, has been named the (rrcat B((sin, l)y Joseph Walker and
Captain Fremont, tvavcllers well acquainted with those western regions.
It is a (crra inco;/uiia of at least 8,000 geographical (or 128,000 English)
square miles, and almo.^t uninhabited, and full of salt lakes, the largest
of which is J5,010 l*arisian (or 'l,'2oo English) feet above the level of tlio
5en, and is connected with the narrow Lake Utah,* into which ' Hock River '
{Timpan Ogo, in the Utah language) pours its copious stream." — Hum-
boldfn Aspects of Xnturp. Pp. 82-"-!.

•freraont : Report n/th« Exploring Erpeftiticn, pp. ir>4 and 273— 2T6.

FIRST KXPLOKING KXPLDITION.

ns, which r|

On one

'pi'ing of i

•tliL'i- \v;i3 i
W'lUny-

ist couh-l

wui'u tho

southern

', anioni:;

to River. .^

feature,

J lenglli,

n which ■

rets and

5t of tho

Ire' and

d red and

y at our

on) boro

from a

irincf of i

the een- ;i

tuid the
This
t of the
kcr and
regions.
English)
c liirgost,
■1 of tlio
V River '
■Hum'

"TIio summit rock was jruoisa, succeeded by sionitlc, gneiss.
Sieiiife and fcMspar succeeded in our descent to the snow lino
where we found a fchlspathic; <j;ranite. I liad remarked that (lie
noise produced by tho explosion of our j)isti)Is had the usual
dei^ree of loU(hiess, but was not in the hiast prohmgcd, cxpiiing
ahnost instantaneously. Ilavinp; now ma<lo what observations
our means afforded, wo proceeded to descend. Wo liad
accomplished an object of laudable ambition, and beyond tho
strict order of our instructions. We had climbed the loftiest
peak of tlie Rocky Mountains, and looked down upon the snow
•A thousand feet below, and, standing where never human foot
had stood before, felt the exu4tatioii of first explorers. It was
about two o'clock when we left the summit; and when we
reached the bottom, the sun had ali'oady sunk behind the wall
and the day wf^s drawing to a close. It would have been
pleasant to have lingered here and on the.sunnnit longer ; but
we hurried away as rapidly as the ground would permit, for it
was an object to regain our party as soon as possible, not
knowintr what accident the next liour mii^lit brinij forth.

" We reached our deposit of provisions at nightfall. Here
was not the inn wdiich awaits the tired traveller on his return
from Mont lilanc, or the orange groves of South America, with
their retVeshi ug juices and soft fragrant air; but we found our
little cache of dried meat and coffee undisturbed. Thouo-h the
moon was bright, the road was full of precipices, and tho
fatiffue of the day had been o-reat. We therefore abandoned
the idea of rejoining our friends, and lay down on the rock, and
in spite of the cold, slept soundly."

On the Ibllowiiig clay, the ITtli of August, came the
•u'elcome order to turn their faces homeward, and on the
22d tliey reached the encanipnicut of tlieir party at
liock Independence. Here a little incident occurred
which shows that amid the manifold trials and dangers
throuijh which Fremont had passed, he had not forgotten

^il:l

I; li:

(

UFK AND Ri;UViri:S OF JOHN C. FRKMONT.

tlio protocliii<j^ arm whicli liad iilwavfl been near to siip-
pnrt and (Icli'iid him. Wv ([uole again from liis journal :

'• lind. — Vcstorday (iVt'iiiiiLr wo reaclK'd our cticainpnifiit at
liock IiKlt'pciKJunce, wlicro I took soiiio astronomical ob.siM'valioiis.
Here, not iiniiiindfiil of tlio custoni of early travellers and e.\-
jjlorcra in our country, I enn^raved on that rock of tlio I'ar West
a synihol of the Christian faith. Among the thickly inscribed
names, I made on (he hard granite the imp :ssion of a largo
cross, wliich I covered witli a black preparation of Inciia rubber,
well calculated to resist the inlhienco of wind and rain. It
stands amidst the names of many wlio liave long since found
their wav to the o-rave, and for whom the huge rock is a giant
tombstone,

*' One (loorgo Weymouth was sent out to Maine by the Earl
of Soutliampton, Lord Arundel, and others; and in the narra-
tive of liis discoveries, lie says : * The next day we ascended in
our pinnace tliat part of the river wliich lies more to the west-
ward, carrying with us a cross — a thing never omitted by any
Christian traveller — which we erected at the ultimate end of our
route.' This was in the year 1G05 : and in 1842 I obeyed the
feeling of early ti'avellers and left the impression of the cross
<leeply engraved on a vast rock, one thousand miles beyond the
Mississippi, to wliich the discoverers have given the national
name of Rock Independence."

AVith Lis brief but thrilling account of an attempt
to visit Cloat Island, in the Platte River, by which he
was nearly losing many of the most important results of
his expedition, as well as his life, wo will close our
extracts from liis journal :

" August 24th. — We started before sunrise, intending to break-
fast at (Joat Island. Mr. Preuss accompanied me, and with us
"Nvere five of our best men. llei-e appeared no scarcity of water,
and we took on board, with various instruments and baggage,

llKsr i:XI'I,(»UIN<J KXIT.DITION.

ir fo Riip.
joiinial :

ii|»mciit at
s«!rv'ati()iis.
■s ,'111(1 ex-
Far West

inscribed
>( a laro-o

;i rubber,
rain. It
ice fouiul
is u giant

the Earl
lie narra-
:;en(lecl in
tlio west-
d by any
nd of our
>e}-ed the
tlie cross
rond tliG
national

itteinpt
licli lie
.lilts of
>se our

bi'cak-
vvith us
f water,

provisions for tf-n or twelve davs. We paddled down tl.o river

ripidly, for our little craft was Ijnlit as a duck <>n the water; and

tli(f sun bail been some tiuie riNcu, when we beard bi't'ore tis a

liollow roar, wblcli we supposed i(» be ibat of a fall, of wbicli wo

bad lie.ird a vai^nu; rumor, but whose exact locality no one had

l)eeii able to describe to us. Wo were approaidjina^ a ridg<3,

tliroiii>h whi(di the river passes by a ])laco called ' canon' (pro-

iiouncetl I'diiyon), a Spanish word, siiMiifying a ])i<!co of artillerv,

the barrel of a gun, or any kind of tube ; an<l whiidi, in this

country, has been adopted to describe the passage of a river

between ]»erpendic\dar rocks of great height, which fre<piently

approach eacdi otlier so closely overhead as to form a kind of

tunnel over the stream, which foams along beUnv, half choked

up by fallen fragments.

" We ])assed three cataracts in succession, Avhere j)erhaps ono
hundred ieet of smooth water intervened ; and tinallv with a
shout of })leasure at our success, issued from our tunnel into open
day beyond. We were so delighted with the performance of our
boat, and so contident in her powers, that we would not have
liefiitated to leap a fall of ten feet with her. We put to shore
for breakfast at some willows on the right bank, imnuHliately
below the mouth of the canon ; for it was now 8 o'clock, and wo
had been working since daylight, and were all wet, fatigued and
hungry.

" We re-embarked at 9 o'clock, and in about twenty rninutea
reached the next canon. Landing on a rocky shore at its com-
mencement, we ascended the ri Jgo to reconnoitre. Portage was
out of the question. So far as we could see, the jagged rocks
pointed out the course of the canon, on a wending line of seven
or eight miles. It was simply a narrow, dark chasm in the rock;
and here the perpendicular faces were mucli higher than in the
previous pass, being at this end two to three hundred, and further
down, as we afterwards ascertained, live hundred feet in vertical
height. Our previous success had made us bold, and we deter-
mined again to run the canon. FA'orything was secured as

! I

\ WA

j w

.11

«0

f-IFK AND SKliVIC'ES OF JOHN C. FKEMONT.

firmly as possible ; aiul Laving uivesied ourselves of tlie greater
part, of our clothing, wc pushed into tli'i stream. To save our
chronometer from accident, Mr. Preuss took it and attempted to
proceed along the sliore on the masses of rock, which in places
were j>iled up on either side; but, after be liad walked about
five minutes, everything like shore disappeared, and the vertical
wall came squarely down into the water. He therefore waited
until we came up. An ugly pass lay befoi'e us. We had made
fast to the stern of the boat a strong rope about fifty feet long ;
and three of tlie men clambered along among the rocks, and
with this rope let her down slowly througli the pass. In several
places high rocks lay scattered about in the channel ; and in the
narrows it required all our strength and skill to avoid staving
the boat on the sharp points. In one of these, the boat proved
n little too broad, and stuck fast for an instant, while the water
flew over us ; fortunately it was but for an instant, as our united
strength forced lier immediately through. The water swept
overboard only a sextant and pair of saddle-bags. I caught the
sextant as it passed by me, but the saddle-bags became the prey
of the whirlpools. We readied th.e place where Mr. Preuss was
standing, took liim on board, and, with the aid of the boat, put
the men with the rope on the succeeding pile of rocks. AVo
found this passage much worse than the previous one, and o.ui^
position was rather a bad one. To go back was impossible ;
before us the cataract was a sheet of foam ; and shirt up in the
chasm by the rocks, which, in some places, seemed almost to
meet overhead, the roar of water was deafening. We pushed
off again ; but, after making ^ little distance, the force of the cur-
rent became too great for the men on shore, and two of them let
go the rope. Lajeunesse, the third man, hung on, and was
jei'ked lieadlbremost into the river from a rock about twelve feet
liigh ; snd down the boat shot like an arrow, Basil followino- v^
in tlie rapid current, and exerting all his strength to keep in mid-
chnnnel — liis lioad only seen occasionally like a black spot in
ih^ white foam. How far he went, T do not exaotlv know ; but

FIE8T EXPLOKINO EXPEDITION.

e greater
save our
nipted to
in places
ed about
3 vertical
'e waited
I ad made
jet long ;
)cks, and
n several
id in the
I staving
t proved
be water
ir united
!r swept
:ight the
he prey
'uss was
oat, put
. Wg
!ind quit
ossible ;
in tlie
nost to
ushod
le cur-
em let
id was
ve feet
ino- I'o
n mid-
pot in
but

■■-?•

we succeeded in lurning the boat into an eddy below. "Cr^
Dicn,'' said Uasil L.'ijcuncsse, as lie arrived inunodiately after us,
' Je croia hlcti que jai na^/c tin dcini mile.^ lie had owed his
life to his skill as a swimmer, and I determined to take him and
the two others on board, and trust to skill and fortune to reach
the other end in safety. \Vo placed ourselves on our knees,
with the short paddles in our hands, the most skillful boatman
being at the bow; and again we commenced our rapid descent.
" We cleared rock after rock, and sliot past ftdl after fall, our
little boat seeming to play with the cataract. We became Hushed
with success, and familiar with the danger ; and, yielding to the
excitement of the occasion, broke forth together into a Canadian
boat song. Singing, or rather shouting, we dashed along ; and
Avere, I believe, in the midst of tlie chorus, when the boat struck
a concealed rock immediately at the foot of a fall, which Avliirled
lier over in an instant. Three of my men could not swim, and my
first feeling was to assist them, and save some of our clVects; but
a sharp concaission or two convinced me that T had not yet saved
myself. A few strokes brought me into an eddy, and I landed
on a pile of rocks on the left side. Looking around, I saw that
Mr. Preuss liad gained the shore on the same side, about
twenty vards below ; and a little climbinsT: and swimminq; soon
brought him to my side. On tlie opposite side, against the wall,
lay the boat, bottom up; and Lambert was in the act of saving
Descoteaux, whom he had graspe<l by the hair, and who could not
swiin ; '■Ltiche pas^'' said he, as I afterwards learned, ' lache pas^cher
frh'c^ ' Crains jt;as,' was the re})ly, * Je iii'en vais mourir avant
que de fe lacker.^ Such was the reply of courage and generosity
in the danger. For a hundred yards below the current was
covered with floating books and boxes, bales and blankets, and
scattered articles of clothing ; and so strong and boiling was
the stream, that even our heavy instruments, which were all in
cases, kept on tlie surface, and the sextant, circle and the long
black box of the telescope, were in view at once. For a moment
I was Romewliat disheartened. All our books, almost every record

a i

LIFE AND SERVICES OF JOHN C. FREMONT.

IH >

1 i

■Li

: I

of the journey, our journals and registei's of astronomical and
baroiiic'tric'.'il observations, had been lost in a nionient. But it
>vas no time to indulge in regrets; and I iuiinediately set about
fcndeavoi'ino- to save soniethino- fiouj the wreck. Makino- oiir-
selves understood as well as possible by signs (for nothing could
be heard in the roar of waters), wc commenced our operations.
Of everything on board, the only article that had been aved
■was my double-barreled gun, which Descoteaux had caught,
and clung to with drowning tenacity. The men continued down
the liver on the left bank. Mr. Preuss and mvself descended on
the side we were on ; and Lajeuncsse, with a paddle in his
hand, jumped on the boat alone, and continued down the canon.
She was now light, and cleared every bad place with much less
difficulty. In a short time he was joined by Lambert, and the
search was continued for about a mile and a half, which was as
far as the boat could proceed in the pass.

"Here the walls were about five hundred feet high, and the
fragments of rocks from above had choked the river into a hoi-
low pass, but one or two feet above the surface. Through this
and the interstices of the rock, the water found its way. Fa-
vored beyond our expectations, all of our registers had been
recovered, with the exception of one of my journals, which con-
tained the notes and incidents of travel, and topographical
descriptions, a number of scattered astronomical observations,
principally meridian altitudes of the sun, and our barometrical
register west of Laramie. Fortunately, our other journals con-
tained du[)licates of the most important barometrical observa-
tions which had been taken in the mountains. These, with a
few scattered notes, were all that had been preserved of our me-
teoroloo'ical observations. In addition to these, we saved the
circle ; and these, with a few blankets, constituted everything
that had been rescued from the waters.

" The day was running ra])idly away, and it was necessary to
reach Goat Island, whither the party had preceded us, before
night. In this uncertain countr}', the traveller is so much in the

FIRST EXPLORING EXPEDITION.

nical and

. But it

set about

viug Dur-

ing could

aerations.

;cn cived

i caught,

•

led down

ended on

le in his

he canon.

much less

, and the

h was as

, and the

iito a hol-

Dugh this

vay. Fa-

lad been

■A

hich con-

,Ji

graphical

ervations,

ometrical

nals con-

observa-

e, with a

' our me-

;aved the

rerything

•essarv to

■'■i

IS, before

ch in the

power of clmnce, tliat we became somewhat unea'^^y in regard to
llieni. Shuiikl anything have occurred in ttio brief interval of
oar PC'paralion, to prevent our rt^oining them, our situation would
be railier a desperate one. We had not a morsel of provi^^ions

our arms and amTuinition were gone — and v/ere entirely at

tlje niercv of anv straggling party of savages, and not a little in
Janger of starvation. We therefore set out at once in two par-
ties. Mr. Preuss and myself on the left, and the men on the
opposite side of the river. Climbing out of the canon, we found
ourselves in a very broken country, where we were not yet able
to recognize any locality. In the course of our descent through
the canon, the rock, which at the upper end was of the decom-
posing granite, changed into a varied sandstone formation. The
hills and points of the ridges were covered with fragments of a
yellow sandstone, of whi<;h the strata were sometimes displayed
in the broken ravines which interrupted our course, and made
our walk extremely fatiguing. At one point of the canon the
red argillaceous sandstone rose in a wall of five hundred feet,
surmounted by a stratum of white sandstone; and in an opposite
ravine a column of red sandstone rose, in form like a steeple,
about one hundred and fifty feet high. The scenery was
extremely picturesque, and notwithstanding our forlorn condition,
we were frequently obliged to stop and admire it. Our progi'ess
was not very rapid. We had emerged from the water half
naked, and, on arriving at the top of the precij)ice, I found
nnself with only one moccasin. The fragments of rock made
walking painful, and I was frequently obliged to stop and pull
out the thoins of the cactus, liere the prevailing plant, and with
which a few minutes' walk covered the bottom of my feet. From
tliis ridge, the river emerged into a smiling prairie, and descend-
ing to the bank for water, we were joined by Benoist. The rest
of the paity were out of sight, having taken a more inland route.
Wo cr(>s>ed ilie river repeatedly — sometimes able to ford it, and
sonic'tinit's swimming — climbed over the riiJijes of two more
canons, and towards evening reached the cut, which we here

!, 1

if I

i :

It!

1 ' .'

1 '

! ''

(

I Si

.11 I

I i

I i
! i

1 I

I t

LIFE AND SERVICi:3 OF JOHN C. FRPMONT.

named tlie Hot Spring jv.ite. On our previous visit in July, we
had not entei'cd this pa?s, reserving it for our descent in the
boftt ; and when we entered it this evening, Mr. Preuss was a few
hundred feet in advance. Heated with the long inarch, ho came
suddenly upon a fine bold spring gushing from the rock, about
ten feet above the river. Eager to enjoy the crystal water, he
threw himself down for a hasty draught, and took a mouthful of
water almost boilino- hot. He said nothino- to Benoist, who laid
himself down to drink : but the steam from the water arrested his
eagerness, and he escajied the liot draught. We had no ther-
mometer, to ascertain the temperature, but I could hold my
hand in the water just long enough to count two seconds. There
are eight or ten of these springs discharging themselves by
streams large enough to be called runs. A loud hollow noise
Avas heard from the rock, which I suppose to be produced by the
fall of the water. The strata immediately where the issue is a
fine white and calcareous sandstone, covered with an incrusta-
tion of common salt. Leaving this Thermopylre of the West, in
a short walk we reached the red rida'e whi(;h has been described
as lying just above Goat Island. Ascending this, we found some
fresh tracks and a button, which showed that the other men
had alreadv arrived. A shout from the man who had first
reached the top of the ridge, responded to fi-om below, informed
lis that our friends were all on the island ; and we were soon
among them. We found some pieces of bufialo standing around
the fire for us, and managed to get some dry clothes among the
people, A sudden storm of rain drove us into the best shelter
we could find, where we slept soundly, after one of the most
fatiguing days I have ever experienced."

On the ITtli of October, Colonel Fremont was cat St.
Louis, and on the 29tli in Washington. His report was
co)ni)leted and in the liands of the War Department
before the winter was over. It was called for by the
Senate, and when reported. Dr. Linn, then one of the

^^,

FIRST EXPLORING EXPEDITION.

Jiilv, we
it in the
was fi few
, he crime
•ck, about
water, he
outhful of
who laid
rrestod his
1)0 ther-
hold my
s. There
selves by
How noise
led by the
issue is a
incrusta-
e West, in
described
)und some
ither men
lad first
iiformed
ere soon
U around
monor the
st shelter
the most

IS at St.
)ort was
artment
:* by the
e of tho

senators from the State of Missouri, accompanied a
motion to print extra copies with some complimentary
remarks, which we give as reported in the Congreimioial
Globe of that date :

" In support of his motion," Mr. L. said, " that in the course
of tlie last summer a very interesting expedition had been un-
dertaken to 'tlie Rockv Mountains, ordered bv Colonel Abert,
chief of the Topographical Bureau, with the sanction of tlie
Se(!retary of War, and executed by Lieut. Fremont of the
Topon'ra})liical Engineers. The object of the expedition \\ is to
examine and report upon the rivers and country between the
frontiers of Missouri and the basis of the Rocky Mountains; and
especially to examine the character, and ascertain the latitude
and longitude of the South Pass, the great crossing phu;e to
these mountains on the way to the Oregon. All the objects of
the expedition have been accomplished, and in a way to be bene-
ficial to science and instructive to the general reader, as well as
usefi'l to the government.

"Supplied with the best astronomical and barometrical instru-
ments, well qualified to use them, and accompanied by twenty-
five voi/agcurs^ enlisted for the purpose at St. Louis, and trained
to all the hardships and dangers of the prairies and the moun-
tains, Mr. Frejnout left the mouth of the Kansas, on the frontiers
of Missouri, on the 10th of June; and, in the almost incredil)ly
short s])ace of four months, returned to the same point, without
an accident to a man, and with a vast mass of useful observa-
tions, and many hundred specimens in botany and geology.

"In executing his instructions, Mr. Fremont proceeded up the
Kansas Kiver far enough to ascertain its character, and then
crossed over to the Great Platte, and pursued that river to its
source in the mountains, where the Sweet Water (a head biandi
of the Platte), issues from the neighborhood of tho South Pass.
He reached this Pass on the 8th of August, and describes it as a
wide and low depression of the mountains, where the ascent is as

;i'ii

: \

M
M

LIFE AND SICRVICES OF JOHN C. FREMONT.

easy as tliat of tho hill on \vhi(;li tliis Capitol stands, and where
a ])Iainlv-beatc'n waofon road leads to the Oreufon, throuo-h the
valley of I^cwis's River, a fork of the Columbia. lie went
tliioiiuli llie pass, and saw tlie liead waters of the Colorado, of
the (jiiilf of Califoi'nia; and leavinq; the vallevs to induliye a
landiible curiosity, and to make some useful observations, and
attended by four of his men, he climbed the loftiest peak of the
Rocky Mountains, until then untrodden by any known liumRn
being; and, on the IStli of August, looked down upon ice and
snow some thousand feet below, and traced in the distance the
valleys of the rivers which, taking their rise in the same elevated
ridge, flow in opposite dii'ections to the Pacific Ocean and to the
Missis.-ippi. Fi'om that ultimjite point he returned by the valley
of the Great Platte, following the stream in its whole course,
and solvinj all questions in relation to its navigability, and the
character of the country thn.ugh which it Hows.

" Over the whole course of this extended route, barometrical
observations were made by Mr. Preniont, to ascertain elevations
both of the plains and of the mountains ; astronomical observa-
tions woe taken to ascertain latitudes and longitudes; the face
of the country was marked as arable or sterile; the facility of
travelling, and the practicability of routes noted ; the grand
features of rature described, and some presented in drawings;
military positions indicated ; and a lai'ge contribution to geology
and botany was made in the varieties of plants, flowers, shrubs,
trees, and grasses, and rocks and earths, which were enumerated.
Drawings of some grand and striking points, and a map of the
whole route, illustrate the report, and facilitate the uncierstand-
ing of its details. Eight carts drawn by two mules each accom-
panied the expedition ; a fact which attests the facility of travel-
lino- in this vast re^'ion. Herds of buffaloes furnished subsistence
to the men; a short, nutritious o'rass, sustained the horses and

mules.

Two

boys (

one of twelve vears of aire, the other of

»"•'

eighteen), besides the enlisted men, accompanied the expedition,
and louk their share of its hardships ; which proves that boys,

I !

FIRST EXPLOlilNO EXPEDITION.

1 where
lo-li the
e went
•ado, of
dulge a
3ns, and
k of the

human
ice and
mce the
elevated
id to the
le valley

course,
and the

metrical

I ovations

observa-

le face

ity of

grand

awings ;

geology

shrubs,

erated.

of the

rstand-

accom-

travel-

istence

>es and

her of

edition,

boys,

ns Avell as men, are able to traverse the country to the Rocky
Moiinfiiiiis.

" Tli(3 ! ?sult of ;dl his observations Mr. Fremont had condensed
into a brief report — enough to make a document of niiioly or
one hundred pages; and believing that tliis document would be
of general enterest to the whole country, and beneficial to
science, as well as useful to the government, I move the printing
of the extra number wliich has been named.

" In making this motion, and in bringing this report to the
notice of the Senate, I take a great })leasure in noticing the
activity and importance of the TopooTapbical Bureau. Under
its skillful and vigilant liead [Colonel Abert] numerous valuable
and incessant surveys are made ; and a mass of information
collected of the highest importance to the country generally, as
Avell as to the military branch of the public service. This report
proves conclusively that the country, for sevcial hundred miles
from the fVontier of Missouri, is exceedingly beautiful and fertile ;
alternate woodland and prairie, and cert^iin portions well supplied
with water. It also proves that the valley of the river Platte
has a very rich soil, atlordiiig great facilities for emigrants to the
west of the Kockv Mountains."

The London AthcncGum^ of Marcli, 1814, coniincnces
a review of tliis re])ort in tlie following coinplinieutary
terms, Mdiich we quote to sliow the impression it pro^
duced in the literary eircles of the old world :

" The government of the United States did well when in
furtherance of the resolution to surve "lie road across the Great
Western Prairie and the Rocky Mountains to the Oreii'on terri-
tory, it selectetl Lieut. P^reinont for the execution of the work.
AVe have rarely met with a production so perfect in its kind as
the unpretending pamphlet containing this report. The narrative,
clear, full and lively, occupies only 70 pages, to which are
appended 130 [>ages, iilled with the results of botanical researches,

ii n

■i

I I

\. ll

•II

W I

I I

!!;: l!'

i';i;i

lh^e and si:kvice3 of john v. fkemont.

of nRtrononiical and metcorologiacal observations. "What a con-
trast does tills present to tlie voluminous ein])lin(>ss and con-
ceited rliodoinontado so often brouijlit forth l>y our costly
expeditions. The country c^ono over by Lieut, Fremont is cer-
tainly not the must interesting; in the world, nor is it quite now.
Yet he is evidentlv not the man to travel 2,000 miles without
observing inu(;h which is worthy of being recorded or to write a
])age which is likely to prove tedious in the reading. Ilis points
of view are so well chosen, Ins delineation has so much iruth
and sj)irit, and his general remarks are so accurate and compre-
hensive, that under Ins guidance we find the far west prairies
nearly as fresh and tempting as the most favored Arcadian
scenes, tlio hallowed groves of which were never trodden by the
foot of squatting emigrant or fur trader."

:., f'

! i

I
I

SECOND KXPLOlilNQ EXI'EDITION.

CIIAPTEPt IV.

by the

SECOND KXrLOKINO EXPEDITION KIT CAKSON MKS. FRE-
MONT WITH HOLDS OUDERS FROM THE WAR DEPART^IENT
COLONEL UKNTIJn's ACCOUNT OF THE ]':X1'EDITI0N DIS-
COVERS THE INLAND SEA PERILOUS VOYAGE TO ITS

ISLANDS IN A LINEN P>OAT ARRIVES AT FORT VANCOUVICR

AND FULFILLS THE INSTRUCTIONS OF HIS GOVERNMENT.

The results of Col. Fremont's first expedition were
BO unexpected, and his success altogether so extraordi-
nary, that his government took no time to deliberate
upon the propriety of sending him again into a field of
duty, where he made the department of the public ser-
vice, with which he was connected, appear to so much
advantage. He had scarcely seen his maps and report
through the press, before he embarked on a second expe-
dition, from the same point on the frontier, but wuth
puj'poiscs even more comprehensive than those with
which he set out in lSi2.

lie was instrncted to connect the exploration with
the surveys of the Pacific coast, by Captain AVilkes, who
had commanded the South Sea Exploring Expedition,
so as to give a connected survey of the interior of our
continent. His party consisted principally of Creole
and Canadian Fi'ench and Americans, amounting in all

'• :*a

1:1 11

n\>

LIFK AND ^^Kia ICKS (IF Joirx C. FUKMOXT.

to o\) UK'ii ; aiiiniinr wlioiii wuro scvcnil wlio accompa-
iiicHl him in liis lirst (.'X|K'<liti(»n. Mr. Tlioiiiiis Filziiiitrick,
whom many yuars ol" iiaiiUhip and c'X|i()suro in tho
western territorio.s, had rendered lamiliar with a portion
of the eonntry it was designed to ex])h)re, liad l)eeii
fcieleeted as his <i;uide, and Mr. Charles J*renss, who had
been his assistant in tiie ])revious journev, was again
associated with him in the same eai)aeity.

In eomplumee with directions Irom the Wiir Depart-
ment, Mr. Theodore Talhot, of Washinuton city, was
attached to the l»arty, with a view to advancement in
ids profession ; and at St. Lonis lie was joined by Mr.
Frederick Dwight, a gentleman of Springtielil, Massa-
chnsetts, wlio availed lumself of this escort, to visit the
Sandwich Islands and China, by way of Fort A'^anconvcr.

Tlie men en/j-aired for the service were: Alexis Avot,
Francois r>adean, Oliver Beaidien, Bai)tiste 13ernier,
John A. Ca]n})bell, John G. Campbell, Mannel Chap-
man, Itansoni Clai'k, Philibert Courteaii, Michel CreliSj
"William Creuss, Clinton Deforest, Baptisto Derosier,
Basil Lajeunesse, Fi'anc/ois Lajeunesse, .Henry Lee,
Louis Menard, Louis Montreuil, Samuel Neal, Alexis
Pera, Franf;ois Pera, J times Power, Paphael Proue,
Oscar Sar])y, Baptistc Tabean, Charles Tai>lin, Baptistc
Tesson, Auguste Vasquez, Joseph Verrot, Patrick White,
Ticry Wright, Louis Zindel, and Jacob Dodson, a free
young colored man of Washington city, who yolunteered
to accompany the expedition. Two Delaware Lidiaua
were engaged to accompany the expedition as hunters.
L. Maxwell, who had accompanied the expedition as
one of the hunters in lSi2, being on his way to Taos,
in Xew Mexico, also joined him. IJe was subsetpiently
joined by his invaluable friend, Kit Carson, whom he

SECOA'D F.XrLOKIN(r KXI'KDlTION.

-was so fortunate as to full in "vvith on the coniines of
Kc'W Mexico.''*

Tlio i)arty was armed generally wiili irallV carbines,
which, with a l)rass 12-lb. howitzer, had been l'unii>iie(l to

•osiei'

)

ee.

rone.

ion &S,

* As Kit Carson lignrcs .'^oniowhat pxtonsivcly in the reports of Col.
rreniont, to wlioni lie proved of iiuiileiiliihle service in eiuli of his seve-
ral expioiiii^r expediliods, we submit tliu following bketeh of his life

f gathered iiiainlv iVoiii his own lips.

Cliristopher Carson was horn in Kentucky in the year 1810 or 1811 ;
his fallier ha\iii,: l»e(Mi one of the early settlers, and also a noted hunter
and Indian ii',diter. In the year following,' Kit's l)ii'th the I'andly nioveii to
the territory of Missouri. On this frontier, bred to horiler life, he remained
to the a;;e of lifteen, when he joined a trading party to Santa i'e. In-
stead of returning. Kit found liis way by various adventures south,
through New Mexico to the Copper mines of Chihuahua, where he
passed nine months as a teamster.

g When about seventeen he juade his first expedition as a trapper on the

I Rio Colorado of ('alii'ornia. The enterprise was successful, though

utteiuled witli considerable dangers, the Mexicans being oven at that
early tlay very jealous of American enterprise. lie made good hid
return to Tao in New Mexico, and soon after joined a trapping party
to the head waters of the Arkansas River, whence he went northward to
the region of the Rocky Mountains which gives rise to the Mississippi
and Columl)ia rivers, where he remained engaged in the trapping busi-
ness eiglit years. He became noted throughout that region ami on
liotli sides of the Rocky Mountains, as a successful trapper, an unfail-
ing shot, an unerring guide, and I'or bravery, sagacity, ami steadiness iu
all circumstances. He was chosen to lead in almost all enterprises of
unusual danger, and in all attacks on the Indians. At one time with a
party of twelve, he tracked a band of near sixty Crows who had stolen
some of the horses belonging to the trappers ; cut loose the animals which

I were tied within ten feet of the strong fort of logs in which the Indians

had taken shelter; attacked them and made good his retreat with the
V. covered horses, an Indian of another party who was with the trappers
bringing away a Crow scalp as a trophy. In one cond)at with the Rlack-
tVet Indians, Carson received a rille ball which luoke his lel't slioulder.
Save this, he escaped the manifold dangers to which he was exposed
wiiliout serious bodily injury.
Of eom'se in so turbulent and unrestrained a life, where there were no

: i'.i

,' :'tl

I ! Miiiii:

' i..<

111'

IK .:

f7ti

MFls AND Br.nviCKS OK .TOFfX f. FRliMONT.

liimlVoin the United States Arsenal tit St. Louis, .'i«^'ree-
al)ly to tlio orders of Col. S. W. Kearney, conmiaiidini;
the third iniiitarv divi.^ion. We are thus ])arti('idar in
mentioning tliiti piece of ordnance lor reasons ^\■ill{'h

laws and no prisons, thoic wore not iinfreqiK'nt porsoniil rcncoiilicrt
anioMfij.Ht tlio trnpjt(>rs, nor could the incst pt'iicoiibly (liMposi'd ulwavfl
avoid tlicm. On one (u'ciision a KriMudiinan wiio ran!vt'(» us a Imliy, and
hail wiiippi'd a frood many Canadians, insulted tlio Anioricaiis hy sayinj;
tlioy weiT otdy lit to lio whipped with switohos. Carson resented this
instdutlv l)V sa\Iiii' that he was the most triflin'' one anion;' the Anieri-
cans, and that tlie lirap^art jiad l)etter he^in with him. After exchang-
ing a few more Avords, each went away and armed him.-elf, Carson with a
pistol, the Frenchman with a rille, and both mounteil lor the liglit.
Riding up until tlie horses' lieads nearly touched — both li.cd almost aL
the same instant. Carson was a little the (pilokcst, however, and his ball
passing through the Fi-enehmaii's head, made him jerk up his gmi, and
sent the l)all, which was intended for Carso- heart, grazing by his loft
eye and singeing his hair. This is, he says the only serious j)ersonivl
quarrel he ever had.

Col. Fremont owed his good fortune in jjrocurlng Carson's services to
an accidental meeting on l)oard the steamboat above St. Louis, neither
liaving ev(>r heard of the otiier before, as he was setting out on his first
expedition. Carson remained with him until he rocrossod the mountains.
His courage, tidcdity, and excellent character, so completely won the
heart of his commander that in his second expedition he was glad to
avail himself of Kit's services, on falling in with him as he chanced to do
on the confines of Now Mexico. Kit again left the party on its arrival
this side of the mountains — not however, until Fremont had obtained a
promise froni hiin to join the third expedition in case one should bo
organized, a proniise which he faithfully kept under circumstances calcu-
lated to test his devotion to his late commander. In the interim between
the second and third expeditions, Carson liad settled himself near Tao.s
and had begun to farm, preparing to lead a quiet life, when he received
a note from Fremont, written at Bent's Fort reminding him of his ])ro-
Uiise and telling him that he waited there for him. In four days from
liie receipt of this note, Carson joined the party, having !-old house and
farm for less than half the sum he had first expended on it, and put his
f;imily under the protection of a friend, the late Gov. Bent, until ho
should return from a certainly long and dangerous journey. This pro-

NT.

iiiiiisutdini;
rticulur in
;ons Nvliicli

(il reiiconticrt
I posed iilwiiy.s
,s a Itiilly, and
ans hy huyiiif^
I'csciitod this
\^ till' AiiuM'i-
il'tcf I'xclmiig-
("iirsDii with a
for the liglit.
lod alniost at
r, nnd liis bull
I lii.^ <f\u\, and
u'^ by Iiis loft
ious personal

I'rf soi'viocs to
Louis, noitlior
lit on his fifst
he mountains,
'toly Avon the
was glad to
chanced to do
on its arrival
id obtained a
nc should bo
stances oalcu-
terini between
elf near Taoa
1 he received
1 of his ])ro-
ur (lays I'roni
lid house and
, and put his
Iknt, until he
y. This pro-

FREMONT'S l>,VN(;KRors PASSAGK TlIHOL(iH .\ (.ANnN IS TllK IM.A (TK Kl \ KK— I'.UiK 5S.

SECOND FXPLOETXG EXPEDITION.

will appear presently. Three men were oj^pecially ue-
tailed for its service, nnder the cluirgc of Louis Zindei,
a native of Germany, who had bi^en nineteen years a
iion-eoniniissioneil otKcer of artillery in the Prussian
arniv, and rcu'ularly instructed in the duties of his pro-
fession. The camp equipage and provisions were trans-
])orted in twelve carts, drawn each by two mules ; and a
light covered wagon, mounted on good springs, had
been provided for the safe carriage of instruments.
These were: One refracting telescope, by Frauenhofer;
one reflecting circle, by Ganibey ; two sextants, by
Tr(uighton ; one pocket chronometer, ^No. S3T, by Goifo,
Falmouth ; one pocket chronometer, Ko. 730, by Brock-
baidv ; one syphon barometer, by Bunten, Paris ; one
cistern barometer, by Fiwe tt Shaw, oS'ew York ; six
thermometers, and a number of small compasses.

To make the exploration as useful as possible, Mr.
Fremont determined to vary the route to the liocky
Mountains from that followed in the year 1842. The
route was then up the valley of the Great Platte Piver
to the South Pass, in north latitude 428 ; the route low
determined on was up the valley of the Kansas Piver, to
the head of the Arkansas River, and to some pass in the
mountains, if any could be found, at its source.

P)V making this deviation from the former route, the
problem of a new road to Oregon and Californiaj i'< a

'J » :

toetion uiitortun;\tely proved iiisiif^iciont, for at the infamous Taos massa-
cre which soon ensued, Carson's brotlier-in-la\v was massacred, and Mrs.
Carson only saved her life by iiiglit, leaving her liouse to be pillaged by
the Mexicans.

When Carson was in Washington in 1847, he received from President
Polk the comndssion of lieutenant in the ritle regiment of which Col.
Fremont was Ueutcnant colonel.

ifUl

.-* }

\^ WJ^

LIFE AND SEKVICES OF JOHN C. FEEMONT.

iJ!

1 .1 :

climate more iroiiial, iniglit l)c solved; and a l)ettcr
knowledge obtained of !in inipoi'tant river, and the
connli'v it drained, while the great object of the expe-
dition woidd find its ])oint of commencement at the ter-
mination of the former, -which was at that great gate in
the I'ido-o of the liockv iloimtains called the South
Pass, and on the lofty ])eak of ihe mountain which over-
looks it, deemed the highest peak in the ridge, and I'rom
the o})i)osite sides of wliich four givat i'i\ers take their
rise, and tlow to the Pacific or the Mississi})]>i.

The party started tVom the little town of Kansas on
the 2!.)th of May, IS-to, and did not get hack to the
United States au'ain nnlil Ani-'ust of the followinii: year.
"What tiiev accomi)li>hcd and what thev endured could
not be niore ibi-eij)ly described than it has been by
Colonel J>enton, who gives facts in regard to the course
taken by our government towards this expedition which
were never before reveale<l. We give what lie says of
this expedition therefore, entire."

■M' : ■! '

rf ! '

frri

"'The govci'niiiont deserves credit for the zeal with which it
has pursuL'il g(.'ngi'a|iliic;il discoveiy.' Such is the remark which a
leading pa})ei' made upon the discoveries of Fremont, on his
retuiai from his second expedition to the gi'eat Wcsl ; and such
is the renuu'k whicli all writers will make upon all his tliscover-
ies who write history from public documents and outside views.
With all such writers the expeditions of Fremont will be
credited to the zeal of the govermnent for the ])romotiou of
science, as if the govei'iimcnt under which he acted had
conceived and planned these expeditions, as Mr. Jell'erson did
that of Lewis and Claik, and then selected this vouno- otlicer to
carry into eli'ect the instructions delivered to him. How far

iHih

* Thirti/ Years' Vinr, vul. ii. cl.ap. 184.

SECOND KXl'LORING EXPEDITIOX.

^ o

licli it

licli a
on liis

] such
H'over-

vic'ws.

:i! be

lOU of
,1 liad
111 (lid
irer to
ow far

sncli liistorv would bo true in relation to the first oxpo<lition,
which (cniriiiatod in the liocky Mountains, ]i;is been seen in tlio
accDunt which has been iiiven of thi; oi'ii^'in of that nndertak'iiij;,
an<l which leaves the n-overnment innocent of its conception ;
ariil, iheix^fore, not entitled to the credit of its authorship, but
oiilv to the merit of ]»erinitlinii,' it. In the secoiiil. atnl u'rcaler
expedition, from which o'j'cat political as well as scientiti(' results
liave llowed, their mei'it is still less; for, while eipially innocent
of its conception, they wei'e not equally ])assi\c to iis pcrfbi'in-
aiu'C — countermaiiiliin;' the expedition after it had bcLi'un — and
lavishinti,- censure upon the adventurous younn- e\})lor('r Ibr his
manner of und(M'takint>' it. The fact \vas, that his fir>t exjioliiiou
baielv tinished, Mr. Fremont sought and obtained orilers t'or a
second one, and Avas on the frontier of Missouri with his com-
mand when orders arrived at St. houis to stoj> him, on the
ground that he hail made a military eipiipmeiit which the ])eace-
ful nature of his e-eoM-raphical pursuit did not re(piire! as if In-
dians did not kill and rob scientific men as well as others if not in
a condition to defend themselves. The pai'ticidar point of coni-
jilaint was that he had taken a small iiioimtain howit/.er, in ad-
dition to bis ritles ; and which, he was intbnued, was charn-ed to
]iiui, althoueh it had been furnished upon a I'e^'ular re(|uisitiou
on the cotmnandant of the arsenal at Si. Louis, aj>pi'o\'e(l hv the
cominauiler of the military department (Colonel, afterward (ieii-
eral Kearney). Mr. Fi'emont had left St. Louis, and was at the
froiiiiei', Mrs. l-'remont beini^ re(piested to examine the letters
that came after him, and Ibrward those which he ought to le-
ccive. She read the countermanding orders and detained
them I and Fremont knew nothing of their existeiu-e, until
after he had retui'ned from one of tlie most marvellous and
eventful ex]ieditions of modern times — one to which the United
Siatt's are indehteil (among other thing.-) tor the present own-
er-hip of Calilbrnia, instead of seeing it a Ib'itish jiosses.-iou.
The writer of thid V^iew, who was then in St. I^ouis, ajiproNcd of
the course which his daughter had taken (for she liad stopped

n I

: i

1!^

i U

\H. r ■ i

iFt!:' !

LIFE AND SF.RVTCKS OF JOnX C. FHEMONT.

llie orders boforo lie know it) ; nTuI lie wrote a letter to the
(,le])artnient ciuiiltMiiiiiii^- the recall, repulsing' the repriinaiid
Aviiich li;i(i been l;.vi>-he<l upcn Freiiiont, and deinandinn- a cdurt-
maitial for liini wIk.'Ii he should return. The !?^ecretary of War
Avas ilicii Mr. -lanics Madison I'orter, of I'ennsylvatiia ; the
eliicf of the topo^-rapliical corj)s the same as now ((Jolonel
Abert), himself an ollice man, surrounded by West I'oiiit olli-
cers, to whose ]»ursuit of easy service, Fremont's adventurous
e\|«'ditions was a reproach ; and in (!ontbrinity to whose opi-
iii(»ns the secretary seemed to have acted. On i'^remont's return,
upwarils of a \ear afteiwai'ds, Mr. A\'illiam \\ ilkins, of J'enn-
svhania, was Secretaiy of War, and received the vouii^' exploi'er
Avith all hoiioi' and tViendship, and obtained for him the brevet
of caj>tain from J'lesideiit 'Jyler. And such is the inside view of
this j)iece of histoiy — very dillerent from what documentary
evidence wouhl make ii.

"'J"o com])lete his sui'vey across the continent, on the line of
travel between the State of Missouri and the tide-water region
of the Columbia, was Frenu>nt's object in this expedition ; and
it was all that he had obtained oiders for doing; butoidya small
part, and to his mind, an insignitit-ant part, of what iie })ropos?d
doing. People had been to the mouth of the Columbia before,
and his andiition was not limited to making tracks nliore others
had made them Liel'ore him. Thei'e was a \ast region beyond
the Rocky Mountains — the whole western slope of oui' continent
— of which but little was known ; and of that little, nothing
with the accur;icy of science. All that vast region, moi'e than
seven hundred miles srpiare — equal to a great kingdom in Europe
— was an unknown laiK.l — a sealed book, which he lonofod to
open, and to read. Leaving the frontier of Missouri in May,
1843, and often diverging from his route for the sake c»f expand-
ing his held of obsei\ation, he hail arrived in the tide-water
region of Columbia in the month of November; and had then
com[)'eted the whole sei'vice which his orchu's emliraced. Lw
might then have returned npon his tracks, or been brought home

i '■

SECOND EXPLORING EXPEDITION.

[• to the
pi'iinjvnd

ii cotirt-

of Will"

ii;i ; tlio
(("()!( >nel
i)iiit o\\\-
ciitiiroiif?
i()S(' <>])i-
s return,

of J '(3)111-

exploi'cr
ic brevet
J view of
.imentary

ic line of
■ r i'('!j,'ion
ion ; and
va small
pr(>])ns':^d
;;, before,
re others
beyond
;ontinent
nothing
ore than
n Europe
jngetl to
in May,
■ expand-
i.le-water
hail then
•e<l. lie
'•lit home

bv Sfii, or hunted the most ph-asant jiatli tor getting hat 'Ic ; and
it' he 1i;h1 been a routine ojlieer, sati>fle(l with fultilling ;ui order,
lie would have done so, Not so tiie young explorer. \\\\n jield
his di])hinia fi'oin nalui'e, and not tVoui the United States Mdi-
tarv Aea(h'mv. lie was at F»*rt Vaneouvei', guest of the h«>vpi.
table l>r. M(d.aiighlin, (Jovei'uor of the British Hudson liay
]-"ur Company ; and obtainerl fi'om him all ])0s.sible intormati()n
npon his intended line of return — faithfully given, but which
jdoveil to he disastrously eri'oni'ous in its leading and governing
feafui'i.'. A southeast route to cross the great nidcnown region
diau'onally through its heart (making u line from the Lower
Cohimbia to the Upper Colorado of the Gulf of t';ilit'ornia), was
his line of retui'U : twenty-live men (the same who had eome
with him fioiii the Unit<'(l States) and a hundred horses, wei'e his
(■I jiiiiiiiieut ; and the commencemi'iit of winter the time <)f start-
ing — all without a guide, relying upon their guns for support;
and, in tiie last resort, upcju their horses — such as .■should give
out ! ior one that could cairy u man. or a pack, could nut bo
b^jiared f.jr food.

•• All the maps n|) to that time liad shown this region traversed
fVom east to west — from the base of the Koeky Mountains to the
j>av of San h'raneisco — bv a irreat river called the JJacna Veil-
tuni : which niay be translated, the Good Chance. (j!o\ern(jr
Mchaughlin lielieved in the existence of this river, and made out
a conjectural manuscri|)t map to show its j)Iace and course.
Fremont believed in it, and his jilan was to reacdi it before the
dead t)f winter, and then hvbernate unon it. As a o'reat J'iver
lie knew that it must have some rich bottoms, covered with
wood ;'n(l u'l'ass, where the wild animals would collect and shel-

ter, when the simws aui

I i

reczmg wimjs (lro\e ihc

an fi
th

'om tne

plains: and with tliese animals to liveon, aiKJ u'rass tor the hoi'ses

he exiKH'ted to a\(>id ^uli'el•iIl;'', if not ti

and Wood tor iires,

enjov comlort, during his solitary soj(jurn in that remote and pro-
ftiund wildei'uess.

" J b' proceeded — soon encountered deep snows which impeded

o 1 M

its.

rji^p

!. i

::.

ii^j:!

;i(5|

LIKE AND SERVICES OF JOHN C. FliEMONT.

progress upon tlic lii^'lil;ui<!s — '.k'sct'iKled into a low country to
the left (afterwards known to be the Gi'eat Basin, iVoni whifh no
water i>snes to ariv sea) — skirted an enornioiis cliain 'd' iiK)nntain
on the ri^ifht, hiininous witli Lrlitt(M'iiie" whi.e snow — saw stran^'o
luilians, who ino>tlv lied— f)niid a desiM't — no l»iiena ViMilura;
and death fioin cold and famine stai'lni:^ lUiu in the face. The
failure to lind the river, or tidings of it, r.nd the ]tossibility of its
existence seeming to be forbid by the sti'ucturo of the country,
and hybei-nation in the inhospitable desert being iuipossible, and
the <juestion being that of life and (lealli, some new }»lan of con-
duct became in<lispensable. His celeslial obsei'vations toM him
thai he was in the latitude of the liayof San Fraiu'isro, and oidy
seventy miles fi'om it. J>ut what miles! u}) and down that
snowv mountain which the Indians rold him no men could cross
in tin.' winter — wtiich woidd have snow U]i<)n it as dee]) as the
trees, and places where people would sh'p oil", and fall half a mile
at a time ; — a fate which actually befell a mule, [lacked with the
precious burden of botanical specimens, collected along a travel
of two thousand miles. No rewar<l couM induce an Indian to
become a guide in the pei'ilous adventiii'e of crossitc^- this moun-
tain. All recoiled and tied from the adventui-e. It was
attempted without a guide — in the dead of winter — accom[ilished
in fortv davs — the men and survivin<T Imrses — a Wdcful nroces-
sion, ci'awling along one by one ; skeleton men leading skeleton
horses — and arriving at Suttei-'s Settlement in the beautiful valley
of the Sac!'a:nento ; and where a genial warmth, and budding
flowers. Mild trees in foliage, aiul grassy ground, and flowing
streams, ami comfortable fm-xl, made a fairy conti'ast with the
fiiiiine and tVce/ing they had encountered, and the loftv Sierra
Ke\ada which they had climiied. Ilei'c he rested and recruited;
and fr(»m this point, and by way of .Nbuiterev, the first tidings
were heard <»!' the pariy since leavini;' F(jrt Vancouver.

" Another long progress to the sinith, skirling the western haso
of the Sierra Xevaila, ma<le him acipiainteil with the noble
valley of the San .b)aipiin, countei'part to that of the Sacra-

1' ■

'li:

'!li.l

\-'

SEOOXD KXrLORINO EXrKDITIOX.

tidings

monto; wlitMi crossino; tlirougli a g;ip, and tuniino- to the K^ft, he
skilled till! ( d'cat liasin; an^i hy many iluviali(^iis from lIio I'iglit
line home, Icviuil inci-ssanL cniitrilmtions to science tVom expanded
];tii(!s. not docrilicd Iiefui'c. In this e\-entful explorulion, all I'lo
e'l'eat fealurcs of tlie westei'n sldpt? of onr continent were bron^-jit
to liu'lit — the (ireat Salt Lake, the Utah Lake, the Little Salt
Lake; at all which places, tlien deserts, the Mormons now are;
the Siei'ra Xevada, then solitary in the snow, now crowded with
Americans, digginij i;-old from its flanks: the beautiful valleys of
llie Sacramento and San Joaipiin, then alive with wild horses, elk,
deer, and wild fowls, now snulino" with Amei'icau cultivation;
the (ireat Dasin itself, ami its contents; the Throe l*arks ; the
ajiproximation ot' the u'reat ri\'ers which, rising together in the
central ree'i<»n of the Kockv Mountains, cro oti" east and west,
towards the rising and the st;tting sun — all these, and othe^
strauLi'e features of a new region, more Asiatic than American»
Avere brought to light and re\ealed to public view in the results
of this exploration.

"Eleven months lie was never out ot' sight of snow' ; and
soiiieiimes, freezing with coM, would U)ok down u[)on. a sunny
valley, warm with gi.Miial heat ; — sometiiiies panting with the
bummer's heat, would look up at tlie eternal sn(.)ws wduch crowned
the neiii-hboring mountain. Jiut it was not then that California
was secureil to the Union — to the greatest power of the Xew
"World — to which it of right belongeil ; but it was the first step
towards the acquisition, and the one that led to it. The second
expedition led to a third, just in time to snatch t'le golden Cali-
fornia from the hands of the JJritish, ready to clutch it. But of
this liereafter. Fremont's second expedition was now over, lie
had let'i the L'nited States a fugitive iVom his government, and
returned with a name that went over Europe and Amei'ica, and
with discoveries beariuir fruit which the civihzed world is now

enjoying

,.»

ThriUiiiix as this brief sketch bv Col. Benton is, it con-

■M

I.TFE AND RKli VICES OF JOHN 0. FREMONT.

I! i:

i'i

:ij

vers to the I'eiidcr l)ut jui iiujiorfect idea of the liardslii'ps
of tliis awl'iil iouriU'V, and of tlie heroism of the liltlo
band who eudui'iMl ilicin, Fremont set out from ihe town
of Kansas, as wc lia\u ah'cadv stated, on the li'Jlli of Mav.
On the Gill of lSe])teniher, and after travelling over
l,ToO miles, he eanie in sight of the Salt Lake, the most
important geographical result of his travels to that point.
The description of his approach to this Inland Sea, as he
then termed it, and his perilous voyage to an island with
"which it was gemmed in his linen boat, the lii'st of any
kind lliat ever j)loughc'd that une\[ilored water, cannot be
ii-iven t(» better jidvantaii'e than in his own words. The
Jiight belbre they luul encamped a few mih's distant on
"what was known as \\'t,'ber's Fork, a stream from 100 to
150 feet wide, lie contimied his narrative as follows :

" September Gth. — LcaN'iiig the eiR'anipnient early, we again
directed our eoui'se lur the peiiinsul;ir btille across a low shrubby
i»lain, ciossinu' in the wav a slouijfh-like eieek, with niirv banks,
and wooded with tliickets of thoi'ii (crafctt/iis) which were loaded
Avith bcrrlo^^. Tins time we readied the butte without any ditli-
cnlty, and, ascended to the siunniit, immediately at our feet
beheM the t)liject of our anxions seai'di — the waters of the Inland
Sea, stretcliinn- in still and solitarv irrandeur far bevond the liiidt
of our vision. Jt was one of the great points of the ex[)loration;
and as we looked eagerly over the lake in the lirst emotions of
excited pleasure, I am doubtful if the followers of Balboa felt
more enthusiasm when, t'rom the heights of the Andes, they saw
for the lirst time the ''I'^'at western ocean. It was certainlv a
iiiiigidticeiit object, and a noble terminus to this part of oin- expe-
dition ; and lo travellers so lono; shut ui) amonij mountain raiiLi'es,
a sudden \iew oxci' the exjiause of silent watei's had in it some-
thing sublime. Several large islands raised their high rocky peaks
out of the waves; but wiielli i' or not they were tindKTed, "was

bix'oNi) j;xri.(»iiiN(; kxtiidition.

Btlll li'fL U) our iiii.'iu'iiiation, as tlio (listaiicc was too £;roat to
doleniiiiie it' llic ihirk Ihk.'s u\>*)\\ iIumii wltc \V()im1I;iii«I or uaki'd

I'dC

]>l

ii'iiiLT till! (la\' llio cliMiiN li.i'l iM'cii ^'al li'Tiii'^ Mack

o\fr lilt! iiioiiuiaiiM to tliu wcstwai'il, ainl, wliilc we wiM'c lookin"-

a storm lairsL (.lowu with siiiMcii fury u|ioii iluj lake, ainl ciiiiii

•ly

>i> lav as we coiilil si.'o, ali>ii': Itio

liiil I he islands from our vii'W.

hliores tlicro was not a soljini'v tree, and hut little ajipcarai

ICO

ast

ot' Li'i'ass ; anil on WcIum's l'\)i'k, a few milc^ Im-Iow our
encampment, the timber was ijathei'ed into ^•l■ov^■s, and tiieii dis-
a|>i>eai'ed entirely. As this apjieai'e<l to he ihe nearest point to
the lake wliei'C a suitable fainp could be found, we diiccted our
coui'se to one of ihe e-roves, where we touud a liandM>iiii' c'lieamp-

ment, with e-ooi

] isv.

i>s and an abuiidauee of inches

(''7

usi'hnii

h//f/n(i!n). At sunset the thei'mometer was 55"; the evening

clear and calm, wiili some cumuli.

St'pUmhc

r i.

tie moi'uinij; was calm ami dcai", with a tem-

perature at sunrise of 39° 5'. The day was spent in active
preparation for our intended voyai;'e on the lake. On the edg'e
of the stream a favorable s})ot was selected in a ^^rove, ami,
felliiin'tlie timber, we made ;i sti'one^ con'dl, or horse i>en, for the
animals, and a little I'ort ibr the peo|)le who wore to I'emain.
AVe were now probably in the country of the Utah Indians,
though none reside npoii the lake. 'J'he India-ruiiber boat was
repaired with prepared cloth and g'lun, and tilled -.villi air, in
readiness for the next day.

The provisions which Carson had brouglit wltli him being
now exliausted, and our stotdc reduced to a small ipianlily of
roots, I determined to retain with me only a suflicieiit number
of men ibr the execution of our

iie>iL!"n

ami

accorduiu'lv seven

were sent back to Fort Hall, under the guidance of Fran(;ois
L.'ijeunesse, u ho, having been t'or many years a trapper in iho
I'ountrv, war- considered an (.'xperienced mountaineer. Though

lliey were ])ro

viae

Willi

!'0O(.,

1 1

lorsc

ate

till! roail was a re-

markably plain one, of only four days' jouniev for a horseman,
they became bewildered (as we at'lerw.tiJ.s learned), and lo.-.ing

'II

r ?^1

«;

!t''

lAli: AND SKliVKKS UF JollN C. I'la.Mo.NT.

l'! i

tlic'ir wav, AVHTiilorod aliout tlii> couiitiy in partitas of one or two,
i'oat'liiii'4 til'' fori alioiit, a week afhTwar'l.H Sonu' sti'an'^'lcil in
of iIk'IiiscIvcs, ami tin; oiIkts wcrtj broils-Ill in l>y ln'liaiis wlio
liail ]iirl<cil tliciii ii|Hiii Snake Ki\cr, ahoiit, sixty miles hclow tlio
fort, liaNelliii^' al(iii;4' llie ciiii^TaiiL road in lull urireli for tiic
Lower Culunibia. Tlio leader of ilii.s aJvciitiirou.s party was
rraii(;ois.

" We formo<l now but a t^niall family. With Mr. Preuss and
myself, Carson, llornier, and Uasil Lajeiinosso, lia<l been soleetod
for tlio boat exiiedition — the first ever attein|)ted on this interior
soa ; and IVadeau, with Derosicr, and Jacob (the colored man),
were to be left in chai-'^e of the camp. We were favored with
most delin'hf.fid weather. 'J'o-nis'hf. ther(! was u brilliant sunset
tjf i;ol(ieii orani;"eand i;M'een, whieh left the western sky clear and
beauiit'ulU- ]>ure; but clouds in tli<^ east luaile nie lose an occul-
laiion. The summer fi'on'>< were sin^iiiii; around us, and llie eveii-
iiiLf was Very pleasant, with a temperatui'e of 0(')° — a nie'lit of a
more souihei'ii autumn. J'^or our su[»per we had //n.iiipah, the
most a^'i'eeablv llaNored of the I'oots, seasoned by a small fat
duck, which had come in the way of Jacob's ritle. Around our
tire to-nie'ht were many siieculations on wliat to-morrow would
briiiL;' forth, and in our l)usy conjectures we fancied that wo
should lind e\erv one of the lai'u'e islands a tano-led wilderness
of trees and shrubbery, teeming with game of every description
that the nein-hboring roe-ion alforded, and which the foot of a
white man or Indian had never violated. Freipiently, during the
day, clouds had rested on the summits of their lofty mountains,
and we believed that w^' >hould lind clear streams and springs of
freshwater; and we indul^'ed in antici[iations of the luxurious
repasts \\ilh which we were to indomnit'v ourselves for [)ast pri-
vations. Neithoi', in our di<cus-ions, were (he whirljiool and
other mysterious dan^-ers t'orgoiteii, whieh Indian and hunter's
stories attributed to this unoxplorod lake.

"The men iiad discovoreil that, in--tead of being strongly
sewed. (like that of the preceding year, whi(;h had so trium})h-

..■ly

PKC'oNI) KXl'LOIilNO KXPEDmoX.

aiitly ro<lo tho canons of llie rppcr (licat I'latte), our prosont
boat was only paslcd t'>u"i'tli('r in a very insecure luarincr, flio
ni.iki'i' lia\ in^- lufu allnwcl st» liiilo limn in i.ln; ('(Mislnirtiuu
thai lit' was dMi^-cil to ciowil ilii- laliur of two nuiUihs into >t'vt)-
I'al days. 'I'lio insiruriiy of tlio l)oal was .scnsiMv I't'lr liv us;
and min^'K'd willi tliu ciitliu^iasui and rxcitcnicni tJia' we all
fell al the prospect of an undoi'takiuu; which had ticscr before,
been acconi[ilislied, was a certain iinpi'e-sion ot' dannxT, sulli-
c'ieiit, to Li'i\i! a si.'i'ions character to our conNer>ation. 'I ho
momentary view which had been had of the lake the day before,
its c-reat extent ;ind ru^-nred islands, <'iiiily seen amidst tiio waters
in the obscurity of the sudden storm, were well calculated to
heinhten the idea of undelined daiin'er with which tho lake was
m-Mieiallv assoi;ialed.

^^ Si'pteitihcr 8. — A calm, clear day, with a sunrise tomperaturo
of 41'^. In view of our pi^ >cnt, enterprise, a part of the c(]uip-
meiit of the boat had b(;en niadi; to consist in thri/e air-ti^'ht
baii-s, about three feet loiin", and caj)abl(; ea(di of (H)ntainini; tivo
gallons. These iiad been tilled with water the niu'Iit before,
and were now placeil in the boat, with (jur blaidcets and instru-
ments, (consisting of a sextant, telescope, s[)y -glass, thermometer,
and barometer.

" We h.'fi the camp at sunrise, and had a very pleasant voyage
down the river, in which there was generally eight or ten feet of
water, deepening as we neared tho mouth in the latter part of
the day. In tho course of the morning we discovered that two
of the cylinders leaked so much as to retiuire one man constantly
at the bellows, to keep them sullitnently full of air to support tho
boat. Altliough we had made a very early start, we loiteifd so
much on tho way — stop[»ing every now and then, and tloating
silenth- aloU"", to u'ct a shot at a n'oose or a duck — that it wa:j
late in the day when wo reached the outlet. The river here
ui\;dcd into several branches, filled with lluvials, and so very
shallosv that it was with dilliculty wo could get tho boat along,
beino- obliged to set out and wade. Wo encamped on a low

tei

IMAGE EVALUATION
TEST TARGET (MT-3)

v^^*

1.0

I.I

IL25 1 1.4

|50 ■"^" ■■■

u£ mi 122

1,6

c'y

Hiotographic

Sciences

Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. MS80

(716) 873-4503

•O^

4=.

IMF. AND SKIiVICKA OF JOHN 0. FliF.MoNT.

'r. m

point amoiifj rushes aii<l youuiij ^vilIo\vs, -where there was a qiian-
titv (A' ilrit'i wooil, whicli scrvud I'ur our tires. The evening was
iiiiKl and dour; we mad.' a |il.'asciii l)ed of llie young willows;
autl gt'cse ajid ducks eiiougii had been killed for an abundant
BU|'|ier at night, and for breakfast the next nioruing. The siill-
ne.->s of the night was enlivened by millions of water fowl.
Latitude (by observation) 41° 11' 2G" ; and longitude 112°
11' ;3U".

" S'^ptcnihcr 9. — The day was elear and cahn ; tlie thermome-
ter at sunrise at 40°. As usual wilh the trapj)ers on the eve of
anv enterprise, our people h;id made dreams and theirs haj)-
poiH^d to be a bad one — one whiidi always preceded evil — and
(■(>n-^('(jnenllv thev looked \erv gloomy this morning; but we
hurried througli our breakfast, in oi'der to make an eai'ly start,
and have all the (lav before us for our adventui'e. The channel
in a short distance became so shallow that our navigation was at
an end, being n)ei'ely a sheet of soft nnid, with a few iii'-hes of
water, and sometimes none at all, forming the low-water shore
of the lake. All this ])lace was absolutely covered wilh llocks
of screaming plover. We took oil" our clothes, and, geiting
overboard, commenced drai>'<>nng the boat — makini>', bv this oiie-
ration, a veiy curious trail, and a very disagreeable smell in stir-
ring up the nukl, as we sank above the knee at eveiy step. The
Avater here was still fivsh, with only an insipid and disagree-
able taste, probal)ly derived from the bed of fetid mud. After
proceeding in this way about a mile, avo came to a small black
ridge on the bottom, beyond which the water became suddeidy
salt, beginning gradually to deepen, and the bottom was sandy
and firm. It was a remarkable division, separating the fresh
waters of the rivers from the briny water of the lake, which Avas
enlirelv saturakd with common salt. Pushino; our little vessel
across the narrow boundary, wo snran<x on board, and at leiiu'tli
weiealloal on the waters of the unknown sea.

" Wo did not steer lor the mountainous islands, but dire(;ted
our cGui'se towards a lower one, v.hicli it had been decided we

KI'XJONI) IvXPLOUING EXPEDITION.

shoiili] first visit, tho suininit of which was fornied like the cra-

iiii'lh

ter at the ii]>i)er em

1 of ]]

Jear Kisor vallev. So lon^f as we con

touch the bottom with our patldles, we were very i;ay ; but
ofradually, as the water deejiened, \v« becaiiij more still in our
frail Lateau of ^um cloth distended with aii-, and with )>a>tcd
seams. Althoug-h tiie day was vcuy calm, there was a consitlera-
ble swell on the lake ; and there were white patches of foam on
the surface, which were slowlv movin^r to the southward, indi-
catino: the set of a current in that direction, and recallino" the
recollection of the whirl[)ool stories. The water continue<l to
deei)en as we advanced ; the lake becoming almost transparently
clear, of an e.\trenu-ly beautiful bright-green color ; and the spray,
whit'h was thrown into the boat and over our (;Iothcs, was dl-
rectlv converted into a crust of common salt, which co\ered also
our hands and arms. 'Ca))tain,' said Carson, who for some time
liad been looking suspiciously at soniO whiteinng a]ip('a''anccs
outside the nea 'est island, " what are those yonder? — woti'i you
just take a look with the glass?" AVe ceased paddling for a
moment, and found them to be the cajjs of thti waves that were
beginninu- to break under the force of a stronfj breeze that was
coming up the lake.

" The form of the boat seemed to be an admirable one, and it
rode on the waves like u water bird; but at the same time, it
was slow in its progress. When we were little more than half
wav across the reach, two of the divisions between the cvlinders
gave way, and it reijuired the constant use of the bellows to
keej) in a sullicient quantity of air. For a long time we scarcely
Seemed to approach our island, but graiUuilly we workeil across
the rougher sea of the open channel, into the smoother water
under the lee of the island ; and began to discover that what
we took for a hjng row of pelicans, ranged on the b^ach, were
only low clili's, whitened with salt by the spray of the waves;
and about noon we reached the shore, the transp;ti'e:ii'v of the
water enabling us to see the bottom at a considerable dej)th.

''It was a handsome broad beach where we landed, behind

h i

w »

LIFE AND SKliVICES OF JOHN C. FUKMONT.

wliicli the lull, into wliidi the island wu^ ijathcretl, rose somo-
\vliat al)riii»tlv ; and a jiointot" I'ock at oiui 011(1 eiiclost'd it in a
sheltering way ; and as tlicre was an aliundam^e of dritt wood
along the shore, it olll^i'ed us a plea-^ant (•ncani[)nu'nt. We did
not sutler our (Vagi le boat to touch thehhaij) rorks, hut guttingover-
board, discharged the hagi^age, and lit'ung it gc'iitly out ot" the
water, carried it to the upper j)art of the beach, which was com-
posed oi" very small fragments of rock.

"Among the successive baid<s of the beach, formed by the
action of the waves, our attention, as we approached the island,
had been attracted by one 10 to 20 ftn-t in breadth, of a dark-
brown color. l>einu" more closely examined, this was ibund to
be composed, to the de]>th of seven or eight and twelve inches,
cnlii'cly of the larivc of insects, or, in common language, of
the skins of worms, about the size of a grain o:' oats, which
luid been washed up by the waters of the lake.

"The clill's and masses of rock along the shoi'e were whit-
ened by an incrusiation of salt where the waves dashed up
against them ; and the evaporating water, whicli had been
left in holes and hollows on the surfjice of the rocks, was
covered with a crust of salt about one-eighth of an inch in
thickness. It appeared strange that, in the midst of this grand
reservoir, one of our greatest wants lately hail been salt. Ex-
posed to be more perfectly dried in the sun, this became very
white and tine, having the nsual flavor of very excellent coin
mon salt, without any foreign taste ; but only a little was col-
lected for present use, as there was in it a number of small
black insects.

" Cai'rying with us the barometer, and other instruments, in
the afternoon Ave ascended to the highest point of (he island
— a bare rocky peak, 800 feet above the lake. Standing on the
summit, we enjoyed an ext»Mided view of the lake, euclos<^d iu a
basin of ruog'ed mountains, wdiich sometimes left marshy (bits
and extensive bottoms between them and the shore, and in other
places came directly down into the wnter with bold arid precipi-

BECOND i:xri';inNG KXl'KDITION.

tons bluffs. Followinii witli our rjbisses the irrojijuhir slioros, we
sojii'clifd 1')!" sdiac iinlicatioiis of ;i (•oiuiiiiiiiicalioii willi (iIIrt
b()<iies of wati'i', or llui oiiti'aiico of ollujr rivers; hut llio dis-
taiH'<3 was so o-n-at that wo foiiM iiiaku out iiothin^^ with ccr-
taiuty. 'i'o the souihw.-ud, several peiiiiisuhu' iiiouiii;iius, ;},()U0
or 4,()UU ie.'t high, eiitoreil the hike, .'ippeariii;,^ so tar as the
distance and our position enablei] us to deterudne, to be con-
not'ted by flats and low ridi^^es with the nuAintains in the rear.
These are probably the islands usually indicated on ina[)s of this
reunion as entirely detached from the shore. The season of our
operations was when the waters were at their lowest sta^'e. At
the seas(Mi of liii;h waters in the spring-, it is probable that the
marshes and low li'rounds r,re overtlowed, and the surface of the
lake considerably i:;reatcr. In several j)Iaces the view was of un-
limited extent — here and tliei'e a I'ocky islet ajtpearinqf above the
water at a o-reat distance ; and beyond, evervthinof was va^'ue
and uudefine<l. As we lookc(l over the vast expanse of water
spread out beneath us, and strained our eyes along- the silent
shores over which hung so nnndi doubt and uncertainty, and
which were so full of interest to us, [ could hardly repre>s the
almost irresistible desire to continue our exploration ; but the
lengthening snow on the mountains was a plain indication of the
advancing season, and our frail linen boat appeared so insecure
that I was unwilling to trust our lives to the uncertainties of the
lake. I therefore unwillingly resolved to terminate our survey
liere, and remain satisfied for the present with what we had
been able to add the unknovn geography of the region. We
felt pleasure also in remendicring that we were the tirst who, in
traditionary aniials of the country, had yisited the islands, and
broken, with the cheerful souuil of human yijices, the long soli-
tude of the ])lace. From the point where we were standing, ihe
ground tell otf on e\eiT side to the water, giving us a pertect
view of the island, wddch is twelve or thirteen miles in circuni-
lerence, being simply a rocky hill, on which thei'e is neither
water nor trees of anv kind; although tlie Fre/nonfta rrnnicU'

-It

, t

LIKK AND SKUVICKS <>F JullN C. FKLAIONT.

laris, ^vliii'li \v;i^; in ^-ivat ;i])Uii«laii(;o, iiiii;'lit oasilv bo inistiiken

for lii

niK

■V at a (li>

aiif

aiit

scM'iiiL'il here to Ui'liu'lil Hj a

(.'(jiii;'emal air, ^'I'ouinij in cxtrau

r.litiarv liixuriaiK-c soncu to

ui^■Ilt IrcL liii;'li, ami \\a^ \<'i\- aliuiidaiit on the upper \

v i>arls of

U3 islainl, where it was

ahiiost ihe oiil}' jihaiit. 'J'his is eiuineiit-

Iv a .saline .shrill)

it.<

ave.s liave a vei'v salt taste; ano

I it 1

II xu-

riates in saline soils, where it is usually <'i cliaracteristic. It is
widely dilhise.l over all this country. A (•lr.'no])Otliaceous slirub,
which is a new species of ohionk (<). rigida, 7ci/v', i^* Fnm.),

wae

e(jually charae.teristic of the lower ])arts of the i

^land.

The.se two are the si rikinu; plants on the island, and i)eloni^ to
a class of plants wh.icli form a ])roniiuent feature in the ve^'c-
tation of this country. ( >n the lower ])arts of the island, also,
a prickly pear of very larn^e size was frecpient. On the shoi'o,
near the water, was a woolly species of phnca ; and a new spe-
cies of uiiibellit'erous plant (leptotccmla) was scattered about in
verv considerable abundance. These constituted all the vei-'eta-
tion that now appeared upon the island.

" I accidentally left on the sunnnit the brass cover to th^
object end of my spy-glass ; and as it Avill probably remain
there undisturbed by Indians, it Avill furnish matter of specu-
lation to some future traveller. In our excnirsions about the
island, we did not meet with any kind of animal ; a magpie,
and another larger bird, ])robably atti'acted by the smoke of
our lire, paid us a visit from the shore, and were the only
living things seen during our stay. The rock constituting the
clirt's along the shore \Nhere we were encamped, is a talcous
rock, or steatite, Avith brown spar.

" At sunset, the temperature was 70°. AVe had arrived
just in time to obtain a meridian altituile of the sun, and
other (.)l)sorvations were obla!;ied this evoning, vliich ]>lace
our camp in latllude 41°10' 42", and longitude 112° 21' 05"
fi'om Greenwich. From a di.scussion of the barometrical obser-
vations made diirinuf our stay on the shores of the lake, we have
adopted 4,200 feet for its elevation above the gulf of Mexico.

SFX'OND KX]'i,oui.\a r.xrrniTiMN.

-'c li-
the
>ie.

ice

er-
ive

CO.

In the first disa]>]>()iiitiiU'Tit \v(> iMt from the <li<-i|iatii»ii of our
(JrcaKi of tlio ior'.ile islaiiils, I (.'ailo'l tliis Disupjinhitiinut Ishni'l.

" < Hit ot' tlie (\v'\\\ Wood, wo iiia'lf oiii'-rUc-; [ilca^ant litilo
l()(li;'(.'s, ()j)oii to till' waKi, ami, after lia\iii'j,- kiii<!l.'il lari^'i' tiros to
excite the wonder of any stra:.;''^-lin'j,' suva^'e on the lake slioi'cs,
la, down, for the first tiiitc in a loiin' jonrneN , in j ci'fect security ;
no one thinkini^ about iiis ai'uis. The eviMiini;; was extremely
briu'ht and jiloasant ; but tlie wiml I'ose dnrin:^ tlie iiii^bt, and
the waves be^'an tc break lieavily on the shore, makini;' our
island ti'einble. I liad not expected ii; our inland journey to
liear tlie I'oar of an ocean surf; and the stran^'eness of our
situation, and tlie excitement we felt in the associated interests
of the place. nia<!e this one of the most interesting: ni'-'hts [ re-
member during our long ex|-editi(^ii.

" In the morning the surf was breidcino; lieavilv on tlie sliore,
and we were ui) early. The lake was dark and aii'itated. and we
hurried thro^^•h our scanty breaktast, and embarked — ha\ing
first filled one of the buckets with water from the lake, of wliieii
it was intended to make salt. 'J'he sun had risen by the time we
were reaily to start; and it was blowing a >trong gale ot' wiiiii,
almost directly olf the shore, and raising a considerable sea, in
which our boat straineil verv miicli. It romdieiied as we m^t
away from the island, and it required all the etlbrts of tlie men
to make any head against the wind and soa, the gale rising with
the sun ; ain] there was danger of being blown into one of the
ojKMi reaches beyond the island. At the distance of half a mile
from the beach, the depth of water was sixteen I'eet, with a clay
bottom; but, as the working of the boat was very severe labor,
and during the operation of rounding it was necessary to cease
paddling, during which the boat lost considerable way, I was
unwilling to discourage the men, and reluctantly gave up my
intention cf ascertaining the depth, and the character of the bed.
There was a genei'al shout in the boat wIkmi we found oursidves
in one fitliom, and we soon after lainled on a low point of mu-l,
immediately under the buttc of the peninsula, where we unluade i

:; S

I \-

t'«

I-

LIFE AND SKUVICK^ OV .KMIX C. FUKMONT.

tlio boal and cai'i'icil tin; haLX^viLr'' alx.iit a (|iiat(<'i' of a iiiiK; t3
firmer fji-oiiiid. \\\i an'ivt.'il jiist, in lime tor meridian ()l)serva-
l.ioii, ;iiid carrieci ilie liaromi'tcr lo the summit ot" the hntle, whic'i
is 500 feet, al)Ove the lake. Mr. I'rcuss set oil' <»n t'txit tiir ihe
(.'amp, whieh was aliouL nine miles disianl ; Hasil aeeom|ianyini^
liim to biin^' haek horses lor the boat, and baii'LjaL'"'-*.

"The rude-luokini^ slielter we raise<l on the shore, our scat-
tered bHgi;ai,'e and boat lyini^ on the beaeh, made quite a pieture ;
and wo called this the /V^/it'/v/^ayt'^' Cmnp. J.i/nofilrlii r/rdccolcns,
and another new species of oitioNK(') confenit'olia — Ton: lO
Jnuiii.), were y'l iwinu; on tho low ^'I'ounds, with interspersed
sjtots of an nnwhc^lesoine sal. gJ'ass, on a saline clay soil, with a
few other plants.

"The horses arrived late in the afternoon, by which time tlio
gale liad increased to such a height that a man eoidd scarcely
stand before it; and we were obliged to pa(d< our baggago
liastily, as the rising water of the lake ha<l already reached the
jioint where we were halted. Looking hark as we rode otl", wo
found the ]>lace of recent encampment entirely covered. Tho
low plain through winch ^ve rode to the camp was covered with
a compact growth of shrubs of extraordinary size and luxuriance,
'llie soil was sandy nnd saline; Hat jdaces, resembling the beds
of |)onds, that were bare of vegetation, and covered with a pow-
(hM'y white salt, being interspersed among tlie shrid)s. Artemisia
ti'identata was very abundant, but the plants were principally
fialine; a large and vigorous chenopodiaceous shrub, live to
eight feet high, being characteristic, with Fremoiitia vermieii-
lai'is, and a shrubby plant which seems to be a new saliconiia,
AVe reached the camp in time to escape a thunder storm which
bh'udcened the skv, and were received with a dischar^fe of the
howitzer by the people, who, having been unable to see any-
thing of us on the lake, had begun to feel some uneasiness."

On tlio 4tli of Xovciiiber, Col. Fi-emoiit and Iiis
party reiicdit'il Fort A^aiicouver, on the Coluiubici lliver,

'I'VIl-

hi.li

iiiif

sc;it-
ui'o;

'ens.

ise<J

ill

the

'CU

llllO

; wo

TIlQ

willi
nice.

BLCUNI) KXl'LOKLNG KXrKDITION.

llitcivst ;iii(| 111

tin' ai'poiiiU'd ti'i'ininiis of liis joiinu'V. IIo rcniurks
ill liis JMuriial that it winild have \)vv\[ verv ;i-ratitViiiir
to liavc i;(tiie (htNvii to tlic Paciiic, aiul sok-ly in iho
liic hiN'ii of iJ,•»'o^^allhy, to liavc seen the;
(KH'aii on the wcsUtii as well as on the eastern side of
the eonliiient, so as to ^ive a satist'actoiy coinpleteiiess
to the n'eoo-i'aphieal pietnrc wliieli had been foniuMl in
liis mind; but tlie rainy season had now ren'ularly set
in, and the air was tilled with foiis and rain, whieli left
no beauty in anv seenerv, and obstrueted oliservations.
The obieet of his instructions had been entirelv fultilled

m havinii' coniun

ted 1

lis reconm^ssanee wi

til t

le sur-

veys of Caj)tain Wilkes; and althoui;-1i it would have
been aurei'able and sati>factory to have c'oni))leted

lere his astroiioiiiieal ol)servatioiis, he ditl not teel tliat

lor such a I'easou he woii

lid 1)

.1"

;tilie(l

111 waitiiin' h»r

favorable wi'allier. ile theref(U'e siii'nilied his intention
to his coinpiinioiis t(j set out for the east without an hour's
iinnece.-isary delay.

)0\V-

lisia

lly
to

i«ai-

Viia,

IllCll

mv-

liis
ter.

mm; AM) SKliVICKS OF JoIlN C. FliKMONT.

Cil APTE \l Y.

SECOND i:xri.(i!MN(; kximidiiiox ((txiiNTi;!) — >v:v!^ orr viioyi
i''(HM' VA.\(<»rvi;i: — i.\i i;Ki>ii.\(r Indian coiNcir. — simikcii

OF COL. FKi MoNl' .UirK'Ni:V 'rillJort;!! '1III-: MiUNlAINS

INSANllV OK HIS MFX FiCoM I'KIVATloN AN D ('( H.D— I'Ul.FS.S

LOSKS IIJS WAV Ai:ivlVAL AT TllK KAM.llF OF CAl'TAIX

bL'TTi;j{.

•■ t'

n v-y

T>f two clays, |)ro}>araf ions for tluMi* rotuni were coiii-
2)lL'tt'(l, and on tlio loth of NovciuIkt, his llltle party
omhai'kc'd on tlicii' lioitU'\var(l Jounu'V, in which lie coii-
teiiiidati'd a circuit to the south and southeast, and the
exploration of tlie (ireat J'asin between the liocky
^Mountains and the Sicr/'a JS^vada. Three j»rinci})al
objects were iiuHcated, by re])ort or by maps, as beinuj
on this route, the character or exi??tence of which ho
^vislled to ascertain, and which he assumed as land
marks, or leading;" jxiints, on tlie projected line of
return. Tlie iirst of these }>oinls was the TUimaih
Lake, on the table-land between tlie head of Fall liiver,
which conies tu the Columbia, and the Sacramento,
"W'hich ii'oi's to the bay of San Trancisco; and fiom
which lake a river of the same name makes its way
westwardly direct to the ocean. The ])(\sition of this
lake, on the line of inland communication beLweeu

FKc'oxn I xi'i.oijTNTf Kxrrnrnox.

O.'l

Oron^nn nnd Calitoniia; Ua j^roxiinity to tlio doniai-kii-
tioii l)()ini(lary of latihido 42"; its iiiipiitcMl (luul)lo
cliaractiT of lak»', f>r iiK'iidow, accoi'diiiL,^ to the reason ot'
the year; and tlu' lioslilo and wnrlikc cliai-actcr uttri-
l)iito(l to the Indians ai)out it — all niadi^ it a di'siraMo
ohj(.'Ct to visit and cxaniinc. .Fnun this lake ho
intcndiMl to n;o ahoiit southeast, to a repiM'ted lako
callcfl Mary's, distajit sonu^ days' journey in the (ireat
JIadii; and thence, still on soutlu -ist, to the reputed
JJuenai'tutura lliver, which has had a place in many
maps, couiiteiiancini;' a belief in the e.\isteiice of a
great river flowinij from tlie Rocky ^I(;untains to the
])ay of San Francisco. From the I'uenavt'ntura his
destination was that section of the llockv Mountains
wliich includes the lieads of Arkansas liiver, and of the
opposite waters of the Califoriua u'ulf; and thenco
down tlie Arkansas to I'ent's fort, and liome. This was
his projected line of return — a great part of it abso-
lutely new to geograpliical, botanical, and geological
science — and the subject of eiulless rumors of lakes,
rivers, deserts, and savages hardly above the condition
of wild animals, all tending to inllame iiis curiosity and
love of adventure to its highest j^itch.

It was a serious enterprise, at the commencement of
winter, to undertake the passage of such a region, and
M'ith a party consisting only of twenty-five persons, and
they of many nations — American, French, German,
Canadian, Indian, and colored — and most of them
young, sevei-al of them being under twenty-one years
of age. All knew that a strange countiy was to bo
explored, and <langers and hardships to bo encountered ;
but no one blenched at the prospect. On the contrary,
courage and confidence animated the whole party.

ii:^

i.iin AND sruviri:!^ of .foiix o. riirMoxT.

f 1

( 'li('(M*riilM(>ss, readiness, siil»<>nliii!ition, jirotiipt (tbedi-
eiiee, eliariicterized all; i!<»r did any extn'iiiiiy ot" jti'ril
<»r j>rivation, to wliieh I hey wi-re at'lerwards expoM'd,
nays Mr. I'Veiiiont, eviT Ixdie, or den»uate iVoiii, llio
line hjiirit of this hrave and <;eiieroUs coiiiiiieiiei'ineiit.

lie was not j»ei'nntted to execute this plan j)reeisely
.MS he had mai'ked it ont ; hii! we must refer to his
oilh'ial report, those; who wish t(» know how lie was t'oreed
]»y (h'si'rt i)laiiis and mountain raui^es, and deej* snows,
I'ar to the south, and aloni:; the we>U'i'n ha^e of the
(Sierra N I' vada ; where, indee<l, a new and ample fudd of
ex])loration opened itself Ixforu liim. Tiie readi-r will
l)e ahle to ioi'm u tolerahly sati>faetorv idea (»f tho
Ijurdships endured by him and his heroical party
(Inriui:: the eleven months that he was stru«'>iiin<'' for a.
]>assa^'e over the mountains, hy a few extracts iVom
his jiuirnal for the months of January, February, aiul
March, which are here submitted. jS'o one can rise
from the jterusal of them without feelin*:^ that the
jiowers of human endurance had never been no fully
tested before.

,1 -i;

i. !■; ;

'"''January 2S(h. — To-day wo went tlir-""'!;!! nio pa^^s with all
the (';nii|», and, at'tcr a hard day's journey of twelve mile*,
eucaniiu'd on a liio'li point where the snow liaij been lilown otf,
and the exposed grass afforded a scanty jiastnre for tiui animals.
Snow and broken eountiy toi;ether made our travellini;- liiflieult.
We were often eoinj)t'lled to make lari^^o circuits, and asctuid the
liii^liest and most exposed ridges in oi'ik;r to avoid snow, wlii(dx
in otJK'r places was hanked \\y> to a great depth. * * *

'* 'l"o-ni<rlit we did not succeed in o'ettinu' die howitzer into
camp. Tliis vas the most lahorious day we had yet passed
through, the steep ascents and deep snow exhausting both niea

M- u

sr.co.vn Kxri-onrxa ExriinrnoN.

f'.-i

ISO

all

;.ls.
ult.
the
ich

iito

iea

and atiituals. ( iiir siii«,de clirotioiiii'ifr had stoppod tluriiiij; the
(lav, aiiil its «'i'ior in linn' oicasiDiK.'iJ iht; ln>s of an cfliiiso of a
8at«'llilc this (;vt'nin;,^ It ha^l not j.itfscrvL'd llio rate with wliitdi
wo slarti'd from iht- Oallcs, and this will arcoimt f<»r the ah>cnco
of lonn^itiidoH aloiitr this intt-ival of our jomiioy.

^*Ji(nuary 2'jfh. — Several hniians appeared dii the hiilsido,
reconnnitriiiL; the camp, and were imhiiM-d to louu! in ; oilu-rs
came in diiiin'^^ the aft'-rnonn ; and in ihti eveniii'^ we held a
coniuil. The linlians immcdiatclv niadu it dear that the waters
on which W""^ were, also belong to the (Ircat Uasin, in the ed'^e
of which we had been since the 17th of Decendter; and it
becuino evident that we had still the irreat riilLfe on the loft to
cross before we could reach the racitlc waters.

*' We explained to the Indians that we were oiuleavoring {o
find a j)assat;e ai-ross the mountains into the country of the whites,
■whom we were ijuinrr to see ; ami t<»ld them that we wished them
to bring us a guide, to whom W(i would give |)resent9 of scarlet
cloth, and other articles, which were shown to th»Mn. They
looketl at the reward we oll'ered, and conferreil with ea(di other,
but i)ointed to the snow on the mountains, ami drew their Iianda
across their neck anil raised them above their lu;ads, to show
the depth : and signilied that it was imjiossiWle for us to get
throtiMfh. 'J'hev made sie-ns that we must <ro to the south-
ward, over a pass through a lower range, which they pointed
out ; there, they said, at the end of one d.;;y's travel we would
find people who lived near a pass in the great mountMin ; find to
that jioint they engaged to furnish us a guide. They appeared
to have a confused idea, from report, of whites who lived on the
other side of the mountain ; and once, they told us, about two
years ago, a party of twelve men like ourselves, had ascended
their rivei', and crossed to the other waters. They pointed out
to us where they had crossed; but then, thev said, it was sum-
mer time; but now it would be impossible. * * *

"The Imlians brought in during the evening an abundant
supply of pine-nuts, which we traded from theio. When roasted,

LITE AND SERVICES OF JOHN C. rRE:\rONT.

' i r

tlicir plefis.int flavor made tlicm an agreeable addition to our
now sc'aiitv store of provisions vvliicli were reduced to a very
low elib. Our ])riiiripal stock was in peas, whiali it is not neces-
sary to say contain scai-cely any nutriment. AVe had still a
little Hour left some cotlee, and a quantity of sugar, which I
reserved as a defence against starvation.

******

"The other division of the party did not come in to-night, but
o-ncainpeil in the u]>per meadow, and arrived the next morning.
Thcv liad not succeeded in trettino; the liowitzer bevond the place
m»-ntioned, and where it had been left by M". Preussin obedience
to my orders; and, in anticipation of the snow-banks and snow-
fields still ahead, foreseeing the inevitable detention to which it
would subject us, I reluctantly determined to leave it there for
the time. It was of tlie kind invented by tiie French for the
mountain part of their war in Algiers; and the distance it had
come witli us proved how well it was adapted to its purpose.
We left it, to the great sorrow of the whole party, who were
grieved to part with a companion which had made the whole dis-
tance from St. Louis, and commanded respect for us on some
critical evasions, and which might be needed for the same pur-
pose again.

'"'■ Jduaarij 30. — Our guide, who was a young man, joined us
this morning; and leaving our encampment late in the day, we
descended the river. * * * *

" With our late start we made but ten miles, and encamped on
the lower river bottom, where there was no snow, but a great
deal of ice ; and we cut piles of long grass to lay under our
blankets, and fires were made of large dry willows, groves of
which wooded the stream. * * * *

" January 31. — We took our way over a fjentlv risinsf cfround,
the dividing ridge being tolerably low ; and travelling easily
along a broad trail, in twelve or fourteen miles reached the
upper {lart of the pass ; when it began to snow thickly, with
verv cold weather. The Indians had onlv tlie usual scanty

6KC0ND EXPLORING EXPEDITION.

Nve

on
roat
our

covering, and appeared to sufter greatly from tli-e cold. All left
us, ex('e})t our guide. Half hidden by the storm, the mountains
looked dreary ; and, as night began to approacii, the guide
showed great reluctance to go forward. I placed him between
two rilles, for the wav began to bo dillicult. Travelling a little
further, we struck a ravine, which the Indian said would con-
duct us to the rivc'i and as the poor fellow suffered greatly,
shivering in the snow which fell upon his naked skin, I would
not detain him any longer; and he ran off to the mountain,
where he said there was a hut near by. He had kept the blue
and scarlet cloths I had given him tightly rolled up, preferring
rather to endure the cold than to get them wet. In the course
of the afternoon, one of the men had bis foot frost-bitten ; and
about dark we had the satisfaction to reach the bottoms of a
stream timbered with large ti'ees, among which we found a
sheltered camp, with an abundance of such grass as the season
aflforded for the animals.

" We had scarcely lighted our fires, when the camp was
crowded with nearly naked Indians ; some of them were furnished
with long nets in addition to bows, and appeared to have been
out on the sage hills to hunt rabbits. These nets Vvere perhaps
thirty to forty feet long, kept upright in the ground by slight
sticks at intervals, and were made from a kind of wild hemp,
very much resembling in manufacture those common among the
Indians of the Sacramento valley. They came among us without
any fear, and scattered themselves about the fires, mainly-
occupied in gi-atifying their astonishment. I was struck by the
singular appearance of a row of about a dozen, who were sitting
on their haunches perched on a log near end of the fires, with
their quick sharp eyes following every motion.

" We gathered together a few of the most intelligent of the
Indians, and held this evening an interesting council. I explained
to them ray intentions. I told them that we had come from a
very far country, having been travelling now nearly a year, and
that we were desirous simply to go acro,-4s the mountain into the

'I u

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W i]

LIFE AXD SKRVICES OP JOHN C. FRKMONT.

tJ ."■

country of the other whites. There were two who appeared
particularly intelligent — one, a somewhat okl man. He told
me that, before the sri.- tell, it was six sleeps to the place where
the whites lived, hut tiiat now it was impossible to cross the
mountain on account of the deep snow ; and showing us, as the
others had done, that it was over our lieads, he urged us strongly
to follow the course of the river, which he said would (conduct
us to a lake in which thei'e were many large fish, lliere, he
said, were many people ; there was no snow on the ground ; and
we n)ight remain there until the spring.

" P'rou) their descriptions, we were enabled to judge that we
had encamped on the upper waters of the Salmon Trout Kiver.
It is hardly necessary to say that our oomnmnication was otdy
by signs, as we understood nothing of their language ; but they
spoke, notwithstanding, rapidly and vehemently, explaining what
thev considered the follv of our intentions, and urginj; us to yo
down to the lake. Tah-ve^ a word signifying snow, we very
soon learned to know, from its frequent repetition. I told him
that the men and the horses were strong, and that we A-ould
break a road through the snow ; and spreading before him our
bales of scarlet cloth, and trinkets, showed him what we would
give for a guide. It was necessary to obtain one, if possible,
for I had determined here to attempt the passage of the moun-
tain. Pulling a bunch of grass from the ground, after a short
dis ussion among themselves, the old man made us comprehend,
that if we could bi-eak through the snow, at the end of three
days we would come down upon grass, which he showed us
Avould be about six inches high, and where the ground was
entirely free. So far, he said, he had been in hunting for elk ;
but beyond that (and he closed his eyes) he had seen nothing ;
but there was one among them who had been to the whites,
and, going out of the lodge, he returned with a young man of
very intelligent appearance. Here, said he, is a young man who
has seen the whites with his own eyes; and he swore, first by
the sky, and then by the ground, that what he said was true.

SECOND EXPLORTNO EXPEDITION.

Witb a large present of goods, we prevailed upor this young
man to he our guide, and he acquired among us the name Melo
— a word signifying friend, which they used very frequently.
He was thinly clad, and nearly barefoot ; Ids moccasins being
about worn out. We gave him skins to make a new pair, and
to enable him to perform his undertaking to us. The Indians
remained in the camp during the night, and we kept the guide
and two others to sleep in the lodge with us — Carson lying
across the door, and havino; made them eonr,rehend the use of
our fire-arms. The snow, which had intermitted in the evening,
comm.enced falling again in the course of the night, and it
snowed steadily all day.

" In the morning I acquainted the men with my decision, and
explained to tliem that necessity required us to make a great
eftbrt to clear the mountains. I reminded them of the beautiful
valley of the Sacramento, wich which they were familiar from
the descriptions of Carson, who had been there some fifteen
years ago, and who, in our lute privations, had delighted us in
speaking of its rich pastures and abounditig game, and drew a
vivid contrast between its summer climate, less than a hundred
miles distant, and the falling snow around us. 1 informed them
(and long experience had given them confidence in my observa-
tions and good instruments) that almost directly .vest, and only
about seventy miles distant, was the great farming establishment
of Captain Sutter — a gentleumn who had formerly lived in Mis-
souri, and, emigrating to this country, had become the possessor
of a principality. I asrured them that, from the heights of the
mountains before us, we should doubtless see the valley of the
Sacramento River, and with one eftort place ourselves again in
the midst of plenty. The people received this decision with the
cheerful obedience which had always characterized them; and
tlie day was immediately devoted to the preparations necessary
to enable us to carry it into effect. Leggings, moccasins,
clothing — all were put into the best state to resist the cold.
Our guide was not neglected. Extremity of suiferiug might

• i

II,'

1;,

3m .fi

IS:

:.|ii

100

LIFE AND SEKYK'I':S OF .lOlIN C. FKEMONT.

make him depcrt : we tliorcfore did tlie best we could for liim.
L('<rgi?igs, moccasins, so:iie articles of clotliing. and a large green
blaidcet, in addition to the blue and scarlet cloth, were lavished
\i])on him, an<l to Ids great and evident contentment. He
arrayed himself in all his colors ; and clad in green, blue, and
scarlet, he made a gay-looking Indian ; and with his vai'ious
presents, was probably richer and better clothed than any of his
tribe had ever been before.

" I have already said that our provisions were very low ; we
had neither tallow nor grease of any kind remaining, and the
want of salt became one of our greatest privations. The poor
dog, which had been found in the Bear River Valley, and which
l]ad been a compagnon de voyage ever since, had now become
fat, and the mess to whiith it belonged requested permission to
kill it. Leave was granted. Spread out on the snow, the meat
looked very good ; and it made a strengthening meal for the
greater part of the camp. Indians brought in two or three

rabbits during the day, which were purchased from them.
9|C * H< ^ ^ ^

^'February 4. — I went ahead early with two or three men,
each with a led horse, to break the road. We were obliged to
abandon the hollow entirelv, and work alonjx the mountain side, *
which \\as very steep, and the snow covered with an icy crust.
AYe cut a footing as we advanced, aiid trampled a road through
for the animals; but occasionally one plunged outside the trail,
and slid along the field to the bottom, a hundred yards below.

"Towards a pass which the guide indicated here, we attempted
in the afternoon to force a road; but after a laborious pluuiTfinir
through two or three hundred yards, our best horses gave out,
entirely refusing to make any further effort ; and, for the time,
we were brought to a stand. The guide informed us that we
■were entering the deep snow, and here began the difficulties of
the mountain ; and to him, and almost to all, our enterprise
seemed hopeless. I returned a short distance back, to the break
in the hollow, where I met Mr. Fitzpatrick.

SFX'OND EXl'I.OlilXa KXPICDITION.

101

"The camp liacl been .all the day occupied in endeavorinor to
ascend the hill, but only the best horses had succeeded ; the
animals, generally, not havin<^^ sullicient strenoth to bring them-
selves up without the packs; and all the lino of road between
this and the springs was strewed with camjj stores and equipage,
and horses Houndering in snow.

" To night we had no shelter, but we made a large fire around
the trunk of one of the huge pines ; and covering the snow with
small boughs on which we spread our blankets, soon made our-
selves comfortable. The night was very 1 Aght and clear, though
the thermometer was only at 10°. A strong wind, which
sprang up at sundown, made it intensely cold, and this was one
of the bitterest nights during the journey.

" Two Indians joined our party here ; and one of them, an old
man, immediat(.'lv beo-an to harano-ue us, saving that ourselves
and animals would perish in the snow ; and that if wo would go
back, he "would show us another and a better way across tho
mountain, lie spoke in a very loud voice, and there was a sin-
gula*' repe'ition of phrases and arrangement of words, which
rendered his speech striking, and not unmusical.

" We had now begun to understand some words, and, with the
aid of signs, easily comprehended the old man's simple idea.
'Rock upon rock — rock upon rock — snow upon snow — snow
upon snow,' said he; 'even if you get over the snow, you will
not be able to get down from the mountains.' He made us the
sign of precipices, and showed us how the feet of the horses would
slip, and throw them oft' from the narrow trails which led along
their sides. Our Chinook, vho comprehended even more readily
than ourselves,and believed our situation hopeless, covered his head
with his blanket, and began to weep and lament. ' I wanted to
see the whites,' said he ; ' I came away from my own peo]>le to see
the whites, and I woukln't care to die among them ; but here' —
and he looked around in the cold night and gloomy forest, and
drawinof ]ns blanket over his head, beijan again to lament.

"Seated around the tree, the tire illuminating the rocks and the

ii ■ II?

'; !

|^( fl

102

LIFE AND SERVICES OF JOHN 0. Fia::M(»NT-

!! I

iil:. 1

tall boles of the pines round about, and the old Indian harangu-
ing, wo presented a e;roup of very serimis faces.

" February 5. — The night had been too cold to sleep, and we
were up very early. Our guide was standing by the tire, with all
his finery on : and peeing him shiver in the cold I threw on his
shoulders one of my blankets. We missed him a few minutes
afterwards, and never saw him again. He had deserted. His
bad faith and treaxihery were in perfect keeping with the estimate
of Indian character, which a long intercourse with this people
had gradually forced upon my mind. * * *

" February 23. — This was our most difficult day ; we were
forced oft' the ridges by the quantity of snow among the timber,
and obliged to take to the mountain side, where occasionally
rocks and a southern exposure aitbrded us a chance to scramble
along. But these were steep, and slippery with snow and ice,
and the tough evergreens of the mountains impeded our way,
tore our skins, and exhausted our patience. Some of us had the
misfortune t*^ wear moccasins with parfteche soles, so slippery tJiat
we could not keep our feet, and generally crawled across the
snow beds. Axes and mauls were necessary here to-day, to
make a road through the snow. Going aheatl with Carson to
reconnoitre the road, we reached in the afternoon the river
whioli made tlie outlet of the lake. Carson sprang over, clear
across a place where the stream was compressed among the
rocks, but the parjleche sole of my moccasin glanced from the
icy rock, and precipitated me into the river. It was some few
seconds before I "ould recover myself in the current, and Carson,
thinking me hurt, jumped in after me, and we both had an icy
bath. We tried to search awhile for my gun, whi(;h had been
lost in the fall, but the cold drove us out ; and makinnr a larffe
fire on the bank, after we had partially diied ourselves, we went
back to meet the camp. We afterwards found that the gun had
been slung under the ice which lined the banks of the creek.

" February 24. — We rose at three in the morning, for an astro-
nomical observation, and obtained for the place a latitude of 38°

SECOND EXPLORING EXPEDITION.

103

46' 58", longitude 120° 34' 20". The sky was clear and pure,
with a sliHrp wind tVoni tlio northeast, and the thermoiuetor two
degrees below the freezing point. * * *

" Another horse was killed to-night, for food. *

" My favorite horse. Proveau, had heconie very weak, and was
scarcely able to bring himself to the top. I left Jacob to bring
bim on, being obliged to press forward with the party, as there
was no grass in the forest. We grew very anxious as the day
advanced and no grass appeared, for the lives of our animals de-
pended on finding it to-night. They were in just such a condi-
tion that grass and repose for the night enabled them to get on
the next dav.

'■'"February 29. — We lay shut np in the narrow ravine, and
gave the animals a necessniy day ; and men were sent bar;k after
the others. Derosier volunteered to bring np Proveau, to whom
he knew I was greatly attached, as he had been my favorite
horse on both expeditions. Carson and I climbed one of the
nearest mountains; the forest land still extended a^-.ead, and the
valley appe.-ired as far as ever. The pack horse was found near
the camp, but Derosier did not get in. * *

*' We began to be uneasy at Derosier's absence, fearing that
he miyht have been bewildered in the woods. Charles Towns,
who had not yet recovered his mind, went to swim in the river,
as if it were summer, and the stream placid, when it was a cold
mountain torrent foaming among rocks. We were happy to
see Dei'osier appear in the evening. He came in, and, sitting
down by the fire, began to tell us where he had been. He
imagined that he had been gone several days, and thought we
were still at the cimp where he had left us; and we were pained
to see that his mind was deranged. It appeared that he had
been lost in the mountain, and hunger and fatigue, joined to
weakness of body, and fear of perishing in the mountains had
crazed him. The times were severe when stout men lost their
minds from extremity of suffering — when horses died — and
when mules and horses, ready to die of starvation, were killed
for food. Yet there was no murmuring or hesitation.

1U4

LIFE AND Si:itVICE8 OK .lOiJN C. IHKMONT.

ii •'■

! I . ;'■ ■

" A sliort distance below our encainj)inent the river mountains
terminated in precipices, and, after a tatiiiniitit,^ march of only
a tew miles we encamped on a bench where were sj)rings and
an abundance of the freshest i>-i'ass. In the meantime Mr. I'reuss
continued on down the river, and, unaware tliat weliad encamped
so early in the day, was lost. AVhcn nioht arrived, and lie did
not come in, we bep^an to understand what had hai)})ened to
Lim ; but it was too late to make any searcli.

" March 3. — We followed Mr. Treuss's trail for a considerable
distance alono; tlie river, until wo reached a place where ho had
descended to the stream below and encamped. Here we shouted
and fired c^uns, but received no answer; and we concluded that
he had pushed on down the stream. I determined to keep out
from the river, along- which it was nearly impracticable to travel
with animals, until it should form a valley. *

" We repeated our shouts for Mr. I'reuss ; and this time we
"were gratilied with an answer. The voice grew rapidly nearer,
ascending from the river; but when wo expected to see him
emerge, it ceased entirely. We had called up some straggling
Indian — the lirst wo had met. althouuh for two days back we
had seen tracks — who, mistaking us for liis fellows, had been
only undeceived on getting close up. Igrlbrant of the character
of the people, we had now an additional cause of uneasiness in
regard to Mr. Preuss ; he had no arms with him, and we began
to think his chance doubtful.

*' The mountains now were getting sensibly lower ; but still
tliere is no valley on the river, which presents steep and rocky
bf.nks ; but here, several miles from the river, the country is
smootli .Mpd grassy ; the forest has no undergrowth; and in the
open valleys or rivulels, or around spring heads, the low groves
of live oak give the appearance of orchards in an old cultivated
country. At one of these orchard grounds, we encam[)ed about
noon to make an eftbrt for Mr. Preuss. One man took his way
along a spur leading into the river, in hope to cross his trail ;
and another took our own back. Both were volunteers; and to
the successful man was ])romised a pair of pistols — not as a

SECOND KXrLORINO KXPKDITION.

105

reward, but as a token of gratitude for a service which would
free us all from uuich anxiety.

" We had among our few animals a horse which was so
much reduced, that \nth travelling, even the good grass could
not save him : and, havinsjf nothiiiuf to oat, he was killed this
afternoon, lie was a good animal, and had made the journey
round from Fort llall. ******

" The absence of Mr. Preuss gave me great concern ; and, for
a largo reward, Derosier volunieered to go baitk on the trail. I
directed him to search along the river, travelling upward for tho
space of a day and a half, at which time I expected he would
meet Mr. Fitzpatrick, whom I requested to aid in the search ; at
all events he was to go no further, but return to this camp, where
a cache of provisions was made for him.

" Continuing the next day down the river, we discovered three
squaws in a little bottom, and surrounded them before they could
make their escape. They had large conical baskets which they
were engaged in filling with a small leafy plant, (erodium cicuta-
rium) just now beginning to bloom, and covering the ground like
a sward of grass. They did not make any lamentations, but
appeared very much impressed with our appearance, speaking
to us only in a whisper, and offering us smaller baskets of tho
plant, which they signified to us was good to eat, making signs
also that it was to be cooked by the fire. We drew out a little
cold horse meat, and the squaws made signs to us that the men
had gone out after deer, and that we could have some by wait-
ing till they came in. We observed that the horses ate with
great avidity the herb which they had been gathering; and here
also for the first time, we saw Indians eat the common grass —
one of the squaws pulling several tufts, and eating it with appa-
rent relish. Seeing our surprise, she pointed to the horses ; but
we could not well understand what she meant, except, perhaps,

that what was good for the one was good for the other.
********

"Towards evening we heard a weak shout among the hills

lOG

LIFE AJfU SKRVICK3 OF JOHN C. FliEMONT.

r: 11

behind, and had tho pleasure to see Mr. PrtMhss decending
towards tho camp. Like ours(»Ivos, lie liad travelled to-day
twcMty-fivo miles, but had seen nothing of Dcrosier. Knowing,
on the <lay he was lost, that 1 was determined to keep the river
as much as possible, he had not thought it necessary to follow
the trail very closely, but walked on, right and left, certain to
find it somewhere along the river, searching places to obtain
good views of the country. Towards sunset he climbed down
towards the river to look for the camp ; but, finding no trail,
concluded that we were behind, and walked back until night
came on, when, being very much fatigued, he collected drift
wood and made a large fire among the rocks. The next day it
became more serious, and he encamped again alone, thinking
that we must have taken some other course. To go back would
have been madness in his weak and starved condition, and
onward towards the valley was his only hope, always in expec-
tation of reaching it soon. His principal means of subsistence
was a few roots, which the hunters call sweet onions, liaving
very little taste, but a good deal of nutriment, growing generally
in rocky ground, and requiring a good deal of labor to get, as
he had only a pocket knife. Searching for these, lie found
a nest of big ants, which he let run on his hand, and stripped
tliem otl' in his mouth ; these had an agreeable acid taste. One
of his greatest privations was the want of tobacco ; and a
pleasant smoke at evening would have been a rcdief w"' ich
only a voyageur could appreciate. He tried the dried leaves
of the live oak, knowing that those of other oaks were some-
times used as a substitute ; but these were too thick, and would
not do. On the 4th he made seven or eight miles, \ ilking
slowly along the river, avoiding as much as possible to climb
the hills. In little pools he caught some of the smallest kind of
frogs, which he swallowed, not so much in the gratification of
Lunger, as in the hope of obtaining some strength. Scattered
along the river were old fire-places, where the Indians had
roasted muscles and acorns ; but though he searched diligently,

BECC.VD EXPLCRTNO EXPFDITION.

107

he did not there succeed in fitxlinff either, lie had collected
fire-wood for the iiiu^ht, when he heard at some distance from
the river the barkinu; of what he thoui^ht were two dogs, and
walked in that tlire(;tion as (inickly as lie was able, hopini^ to
find there some Indian hut, but met only two wolves; and, in
hi? disappointment, the gloom of ihe forest wfis doubled.

"Travelling the next day feebly down the river, he found five
or '^ix Indians at the huts, of which we have s[)oken ; some wero
pairjting thciiiselves black, and others roasting acorns. Being
only one man, they did not run jtt", bi.t received him kindly, and
gave him a welcome supply of roasted acorns. He gave tlieni
his pocket knife in return, and stret<'-hed out ids hand to one of
the Indiana, who did not appear to comprehend the motion, but
jumped back, as if he thought he was about to lay hold of him.
They seemed afraid of him, not certain as to what he was.

"Travelling on he came to the place where we had found the
squaws. Here he found our fire still burning, and the tracks of
the horses. The sight gave him sudden hope and courage ; and,
following as fast as he could, joined us at evening.

^ March 6. — We continued on our road, through the same
surpassingly beautiful country, entirely unequalled for the pastu-
rage of stock by anything we had ever seen. In a few hours we
reached a large fork, the northern branch of the river, and equal
in size to that which we had descended. Together they formed
a beautiful stream, 60 to 100 yards wide, which at first, ignorant
of the nature of the country through which that river ran, we
took to be the Sacramento. * * * *

" We made an acorn meal at noon, and hurried on ; the valley
being gay with flowers, and some of the banks being absolutely
golden with the California poppy {eschscholtzia crocea.) Ilere
the grass was smooth and green, and the groves very open ; the
large oaks throwing a broad shade aniong sunny spots. Shortly
afterwards we gave a shout at the apj eai-ance on a little bluli" of
a neatly budt adobe house with glass windows. We rode up,
but, to our disappointment, found only Indians. There was no

los

i.iFF, Axn ^rnri( ^.^^ or .kmin c. Fr:i;MONT.

r <

nppr.iranf'o of cullivatioo, .'intl wo coiiM soo no rnttio, nh<l we
supposc'd (liil fin.' jilaco liail l»i'»'H ."ilirmtlonod. We now prt'ssocl
on Mjorw caifi'rlv tli;in ovor; tho river swept roiiinl in !i laru'O
bf'iul to till' riLjIil ; tlio hill lowered down cut ircly ; and. uradiially
r'litcrin"- a bioad vallev, wo caiiie niicxpcftcdlv into a lai'i^o
Jiidiati vLllaL'c, >Nli<-'ro the p«'(i|>lt' looked clean, and wori! cotton
s.'iiits and varions other articles of dress. They ininieiliately
crowde'l ftronnd us and wo had tho inexpressihlo d«>lieht to tuid
one who spoko u little indill'erent Spanish, hut who at lirst con-
Ibnnded us hy sayinn' tJiero wore no whites in theeountiy; but
just then a well-dressed Indian eaine up, and ni.ido his salutations
in very well spoken Spanish. In answer to our imjuiries, he
informed us that we were upon tho Jiio tie Ins Ainct'icanos (tho
river of tho Americans), and that it joined the Sacramento Uivor
about ten miles below 1 Never did a namo sound more sweetly*
We felt ourselves amonij our countrymen; for tho name of
American, in tliose parts, is a])i)Iied to tho citizens of the United
States. To our eager iuiiuiries ho answered, 'lam a vaqucro
(cow licrd) in tho service of Caj)tain Sutter, and tho people of
this ranchcria work for liim.' Our evident satisfaction made him
communicative ; and ho went on to soy that Captain Sutter was
a very rich man, and always glad to see his country people.
We asked for his house, lie answered that it was just over tho
hill before us; and olleretl, if wo would wait a moment, to talc©
his horse and conduct us to it. Wo i jadily accepted liis civil
oiler. In a short distance wo came in sight of the fort ; and,
passing on the way the house of a settler on the opposite side
(a Mr. Sinclair), we forded the river; and in a few miles were
met a short distance from tho fort by Captain Sutter Iiimself;
lie gave us a most frank and cordial reception — conducted ua
immediately to his residence — and under liis hospitable roof we
had a niglit of rest, enjoyment and refreshment, which none but
ourselves could appreciate. But the j)arty left in the mountains
with Mr. Fitzpatrick were to be attended to ; and the next morn-
ing, supplied with fresli horses and provisions, I hurried off to

BF-CONI) i:XPI,OUIN(» F,X['f:i»niON.

100

moot thfiTi. On llio spcoml <l;iv nv(( met, ji f.-w miles ln'low tlio
forks of t'.ic Uio do lo.s Aim'i'ic.'UioH : .'iinl :i inor*! forlorn ami

iti:il>l<

:lit th

lt(Ml,

])in;ii>lt) sii;iit Uian tliey prcsfiitcti, fuiiiiot, well Im^ imiiL,nn»M
Tlicy worn all on foot — viu:h man, weak and omaciafoil, Irail-
\\)<f a horse or miilo as weak and umaciutud as thcnisoivi's. Tlu'y
liatl <'.\|)<'ric'nc'e<i n^n.-at, diUlciilly in dcscoiididi; llus mountains,
madu slijipory by rains and incltinLj snows, and many horses Adl
over |tri!('i|>i('('s, and were killed ; and with somo were lost tho
2)(ii'k8 they carried. Amun<^ these was a mule with tho plants,
which wo had collected since leavini; Fort Hall, alont; a liiie of
2,000 miles travel. Out of sixty-seven horses and mulos with
which we commenced crossiui^ tho Sierra, only thirty-threo
reached tlio valley of tho Sacramento, ai\d they only in a comli-
tion to bo led aloni^.

" Mr. Fitzpatrick and his party, travelling more slowly, had
been able to make some little cxertiini at huntimjf, and had killed
a few deer. The scanty supply was a great relief to them ; for
several had been made sick bv the stranuo an<l tmwdiolesomo
food which the [(reservation of life had compelled them to use.
AVe stopped and encamped as soon as wo mot; and a repast of
good beef, excellent bread, and delicious salmon, which I had
brought along, were tho first relief from tho suti'erings of the
Sierra, and their first introduction to tho luxuries of the Sacra-
mento. It required all our philosophy aiid forbearance to pre-
vent plenty from becoming as hurtful to us now, as scarcity had
been before."

•M Jl

110

LIFE AND SERVICES OF JOHN C. FfiEMONT.

.\f-

CIIAPTER yi.

SECOND EXPEDITION CONCLUDFJ) ENCAMP8 AMONG THE

DIGGER INDIANS THEIR HABITS AND CHARACTER MAS-
SACRE OF TABEAU RECOVERY OF HIS REMAINS RETURN

TO UTAH LAKE ANALYSIS OF THE RESULTS OF THE EXPE-
DITION BY ITS COMMANDER.

After refresiiing himself and men, and procuring such
a stock of provisions as they required, Coh Fremont
resumed his journey on the 2'4th of March. He pro-
posed to avail himself of the pass at the head of the
San Joaquin River, about 500 miles south of Sutter's
place, and thence to cross the rim of the Great Basin,
so as to reach the head of the Arkansas river on the
opposite side of the mountains. In the course of this
journey, he had the misfortune to lose one of his best
men among the Digger Indians, on the Rio de los
Angeles, under circumstances peculiarly distressing.
His narrative first introduced this degraded race to the
acquaintance of civilized men, which is a sufficient
excuse for presenting it here again at length.

"May 5. — On account of our animals, it was necessary to
remain to-day at this place. Indians crowded numerously
around us in the morning ; and we were obliged to keep arma
in hand all day, to keep them out of the camp. They began to
surround the liorses, which, for the convenience of grass, we were

^ »

SECOND EXPLORmO EXPEDITION.

Ill

guarding a little above, on the river. These were immediately
driven in, and kept close to the camp.

" In the darkness of the ni<;!it we had made a verv bad
encampment, our fires being commanded by a rocky blutF
within fifty yards; but, notwithstanding, we had the river and
small thickets of willows on the other side. Several times durincT
the day the (tamp was insulted by the Indians ; but, peace being
our object, I kept simply on the defensive. Some of the Indians
were on the bottoms, and others haranguing us from the blutls;
and they were scattered in -every direction over the hills. Their
language being probably a dialect of the Utali^ with the aid of
signs some of our people could comprehend them very well.
They were the same people who had murdered the Mexicans ;
and towards us their disj)osition was evidently hostile, nor were
we well disposed towards them. They were barefooted, and
nearly naked: the* hair gathered up into a knot behind ; and
with his bow, each man carried a quiver with thirty or forty
arrows partially drawn out. Besides these, each held in his
hand two or three arrows for instant service. Their arrows are
barbed with a very clear translucent stone, a species of opal,
nearly as hard as the diamond ; atid, shot from the long bow,
are almost as effective as a gunshot. In these Indians, I was
forcibly struck by an expression of countenance resembling that
in a beast of prey ; and all their actions are those of wild
animals. Joined to the restless motion of the eye, there is a
want of mind — an absence of thought — and an action wholly by
impulse, strongly expressed, and which constantly recalls the
similarity.

" A man who appeared to be a chief, with two or three others,
forced himself into camp, bringing with him his arms, in spite
of my orders to the contrary. When shown our weapons, he
bored his ear with his fingers, and said he could not hear.
' Why,' said he, ' there are none of you.' Counting the people
around the camp, and including in the number a mule which was
being shod, he made out 22. ' So many,' said he, showing the

* !i|

! r

li I

II:

V' »W

LIFE AND SERVICES OF JOHN C. FKEMONT.

number, ' and we — we are a great many ;' and lie pointed to the
hills and mountains round about. ' It' you have your arms,' said
he, twanj^in^' his bow, 'we have these.' I had some difficulty in
restraiiiin<^ the people, particuh\rly Carson, who felt an insult of
this kind as much as if it had been given by a more responsible
beiriji^. ' Don't say that, old man,' said he ; ' don't say that — vour
life's in danger ' — speaking in good English ; and probably the
old man was nearer to his end than he will be before he meets
it.

" Several animals had been necessarily left behind near the
camp last night ; and early in the morning, before the Indians
made their appearance, several men were sent to bring them in.
When 1 was beginning to be uneasy at their absence, they
returned with information that they had been driven off from the
trail by Indians ; and, having followed the tracks in a short dis-
tance, they found the animals cut up and spread out upon buslies.
In the evening I gave a fatigued horse to some of the Indians
for a feast ; and the village which carried him off refused to share
with the others, who made loud complaints fi-om the rocks of the
partial distribution. Many of these Indians had long sticks,
hooked at the end, which they used in hauling out lizards, and
other small animals, from their holes. During the day they
occasionally roasted and ate lizards at our fires These belong to
the people who are generally known under the name oi Dlf/gers ;
and to these I have more particularly had reference when occasion-
ally spe<iking of a people whose sole occupation is to procure
food sufficient to support existence. The formation here consists of
fine yellow sandstone, alternating with a coarse conglomerate, in
which the stones are from the size of ordinary gravel to '•ix or
eight inches in diameter. This is the formation which renders
the surface of the country so rocky, and gives us now a road
alternately of loose heavy sands and rolled stones, which cripple
the animals in a most extraordinary manner.

" On the following morning we left the Rio do los Angeles^
and continued our way through the same desolate and revolting

SECOND EXPLORING EXPEDITION.

113

country, where lizards were the only animal, and the tracks of
the lizard eaters the principal sign of human beings. After
twenty miles' narch through a road of hills and heavy sands, wo
reached the most dreary river I have ever seen — a deep rapid
stream, almost a torrent, passing swiftly by, and roaring against
obstructions. The banks were wooded with willow, acacia, and
a frequent plant of the country already mentioned {Garrya ellip-
t'yi), growing in thickets, resembling willow, and bearing a small
pink flower. Crossing it, we encamped on the left bank, where
we found a very little grass. Our three remaining steers, being
entirely given out, were killed here. By the boiling point, the
elevation of the river here is 4,060 feet ; and latitude, by obser-
vation, 30° 41' 33". The stream was running towards the south-
west, and appeared to come from a snowy mountain in the
north. It proved to be the JRio Virgcn — a tributary to the
Colorado. Irdians appeared in bands upon the hills, but did not
come into cr.nip. For several days we continued our journey up
the river, the bottoms of which were thicklv overcfrown with
various kinds of brush ; and the sandy soil was actually covered
with the tracks of i)t^«7frs, who followed usstealthilr, like a band
of wolves ; and we had no opportunity to leave behind, even for
a few hours, the tired animals, in order that they might be
brought into camp after a little repose, a horse or mule, left
behind, was taken oft' in a moment. On the evening of the 8th,
having travelled 28 miles up the river from our first encampment
on it, we encamped at a little grass plat, where a spring of cool
water issued from the bluft". On the opposite side was a grove
of cottonwoods at the mouth of a fork, which here enters tJie
river. On either side the vallev is bounded bv ranges of moun-
tains, everywhere high, rocky and broken. The caravan road
was lost and scattered in the sandy country, and we had been
following an Indian trail up the river. The hunters the next
day were sent out to reconnoitre, and in the meantime we moved
about a r.jile farther up, where we found a good little patch of
grass. There being only sufficient grass for the night, the horses

114

LIFE AND SERVICES OF JOHN C. FREMONT.

were sPDt with a strong guard in charge of Tabeau to a neigh-
boring hollow, where they might pasture during the day ; and,
to be ready in case the Indians should make any attempt on the
animals, several of the best horses were picketed at the camp.
In a few hours the hunters returned, having found a convenient
ford in tlie river, and discovered the Spanish trail on the other
side.

•' I had been engaged in arranging plants ; and, fatigued with
the heat of the day, I fell asleep in the afternoon, and did not
awaire until sundown. Presently Carson came to me, and
reported that Tabeau, who early in the day had left his post,
and, without my knowledge, rode back to the camp we had left,
in gcarch of a lame mule, had not returned. While we were
speaking, a smoke rose suddenly from the cotton wood grove
below, which plainly told us what had befallen him ; it was
raised to inform the surrounding Indians that a blow had been
struck, and to tell them to be on their guaid. Carson with
several men well mounted, was insta^itly sent down the river,
but returned in the night without tidings of the missing man.
Tiiey went to the camp we had left, but neither he nor the mule
was there. Searching down the river, they found the tracks of
a mule, evidently driven along by Indians, whose tracks were on
each side of those made by tiie animal. After going several
miles, they came to the mule itself, standing in some bushes,
mortally wounded in the side by an arrow, and left to die, that
it might be afterwards butchered for food. They also found, in
another place, as they were hunting about on the ground for
Ta'^eau's tracks, something that looked like a puddle of blood,
but which the darkness prevented them from verifying. With
these details they returned to our camp, and their report sad-
dened all our hearts.

^^ May 10. — This morning as soon as there was light enough
to follow tracks, I set out myself, with Mr. Fitzpatrick and several
men, in search of Tabeau. We went to the spot where the
appearance of puddled blood had been seen ; and this, we saw

dlk

SECOND EXPLORING EXPEDITION.

115

at once, had been the place where lie fell and died. Blood upon
the leaves, and be.iten down bushes, showed that he had got his
wound about twenty paces from where he fell, and that he had
stM'ggled lor his life. He had probably been shot through the
lungs witli an arrow. From the place where he lay and bled,
it could be seen that he had been dragged to the river bank
and thrown into it. No vestige of what had belonged to him
could be found, exce})t a fragment of his horse equipment.
Iloi'se, gun, clothes — all became the prey of these Arabs of the
New World.

"Tabeau had been one of our best men, and his unhappy
death spread a gloom o\er our party. Men, who have gone
through such dangers and sufferings as we had seen, become like
brothers, and feel each other's loss. To defend and avenge each
other, is the deep feeling of all. We wished to avenge his
death ; but the condition of our horses, languishing for grass and
repose, forbade an expedition into unknown mountains. We
knew the tribe who had done the mischief — the same which
had been insulting our camp. They knew what they deserved,
and had the discretion to show themselves to us no more. The
day be.'ore, they infested our camp; now, not one appeared ; nor
did we ever afterwards see but one who even belonued to the
same tribe, and he at a distance."

On the 23d of May, Colonel Fremont reached Utah
Lake. Having completed the inmiense circuit of
twelve degrees dianu^ter North and South, and ten
degrees Kast and West, he found himself at the end of
eiiiht months on the same sheet of water which he had
left the September previous, the Utah being the
Southern limb of the Grt at Salt Lake of which remark-
able sheet of water he had now^ seen and been able to
fix the points both of its Northern and Southern extrem-
ities. During the eight preceding months he had

116

LIFE AND SEKVICES OF JOHN C. FREMONT.

I n m

tnivelled BoOO inilos, aiui ]ia<l a view of Oregon and of
Korth California from tho Kocky J\[(>nntains to tlio
I'acilic Ocean, and of tlie two ])finci[)al streams wbicli
form bays or harbors on the coast of that sea. Dnrim;
the entire eight months he was never out of tlie siglit of
snow, and tlio point "wliere they crossed the Sierra
Kevada was was near 2,000 feet higher than the South
Pass of the llocky ]\[ountains.

AV'itli one singU; quotation more to ilhistrate Mr.
Fremont's faculty of generalization, wo close our account
of this expedition.

" Having complotecl tliis circuit, and being now about to turn
tlic back upon the raciiic slope of our continent, and to recross
the Rocky Mountains, it is natural to look back upon our foot-
steps, and take some brief view of the leading features and
geneial structure of the country we had traversed. These are
peculiar and striking, and dilfer essentially from the Atlantic side
of our country. The mountains all are higher, more numerous,
and moi'e distinctly detlned in tlieir ranges and directions; and,
>vliHt is so contrary to the natural order of such formations, one
of these ranges, which is near tho coast (the Sierra Nevada
and the Coast liange), presents liigher elevations and peaks than
any whicli are to be found in the liocky Mountains themselves.
In our eight months' circuit, we were never out of sight of snow •
and the Sierra Nevada, where we crossed it, was near 2,000 feet
higher than the South Pass in tlie Ilocky Mountainr. In height,
these mountains greatly exceed those of the Atlantic side, con-
stantly presenting peaks which enter the region of eternal snow ;
and some of them volcanic, and in a frequent state of activity.
They are seen at great distances, and guide the traveller in his
courses.

"The course and elevation of these ranges give direction to the
rivers and cliaracter to the coast. No c'reat river does, or can

SECOND EXPLORING EXPEDITION.

117

take its rise below tlio Cascade and Sierra Nevada ran i:^e ; tiie
distance to the sea is too sliort to admit of it, Tlie rivers of the
San Franeisco bay, wliicli are the lari^cst after the C'ohnubia,
are local to that bay, and hiteral to the coast, having their
sources about on a line witli the Dalles of the Cc^hinibia, and
running each in a valley of its own, between Coast = nge and
the Cascade and Sierra Nevada range. The Columbia is the
only river which traverses the whole breadth of the country,
breakinGf throuMi all the raniifes, and enterino- tke sea. Draw-
ing its waters from a section of ten degrees of latitude in the
]\ocky Mountains, which are collected into one stream by three
main forks (Lewis's, Clark's, and the North Fork) near the
centre of the Oregon valley, this great river thence proceeds by
a single (diannel to the sea, while its three forks lead each to a
pass in the mountains, whicdi opens the way into the interior of
the continent. This fact, in relation to the rivers of this region,
gives an innnense value to the Columbia. Its mouth is the
oidy iidet and outlet to and from the sea ; its three forks lead to
the passes in the mountains; it is, therefore, the only line of
communication between the Pacitic and the interior of North
America ; and all operations of war or commerce, of national or
social intercourse, must be conducted upon it. Tins gives it a
value beyond estimation, and would involve irreparable injury if
lost. In this unity and concentration of its waters, the Pacitic
side of our continent dili'ers entirely from the Atlantic side,
where the waters of the Alleghany Mountains are dispersed into
many rivers, having their ditlerent entrances into the sea, and
opening many lines of communication with the interior.

"The Pacific coast is equally difierent from that of the
Atlantic. The coast of the Atlantic is low and open, indented
with numerous bays, sounds, and river estuaries, accessible every-
■where, and opening by many channels into the heart of the
country. The Pacitic coast, on the contrary, is hio'h and
compact, with few bays, and but one that opens into the heart
of the country. The ijiimediate coast is what the seamen call

118

LIFE AND 8ERVICK3 Off JOHN 0. FREMONT.

nv;

iron bound. A littlo witliin, it is skirted by two successive
ranges of mountains, sian<lini>- as ramparts between tlio sea and
the interior coimtry ; and to get throui^li which, there is but one
pite, and that narrow and easily defended. Tliis structure of
the coast, baciced by these two ranges of mountains, witii its
concentration and unity of waters, gives to the country an
irmnense military strength, imd will probably render Oregon the
most imj)regnable country in the world.

" Ditiering so much ^rom the Atlantic side of our continent,
in coast, mountains, and rivers, the Pacific side ditiers from it in
RTiother most rare and sini^-ular feature — that of the Gi'eat
interior Basin, of which I liave so often spoken, and the whole
form and character of wliich I was so anxious to ascertain. Its
existence is vouched for by such of the American traders and
himters as have some knowledge of that region ; the structure
of the Sierra Nevada range of moimtains requires it to be there ;
and my own observations confirm it. Mr. Joseph Walker, who is
so well acquainted in those parts, informed me that, from the Great
Rait Lake west, there was a succession of lakes and rivers which
have no outlet to the sea, nor any connection with the Colum-
bia, or with the Colorado of the Gulf of California. He
described some of tliese lakes as being large, with numerous
streams, and even considerable rivers, falling into them. In fact,
all concur in the general report of these interior rivers and
lakes ; and, for want of understanding the force and power of
evaporation, which so soon establishes an equilibrium between
the loss and supply of waters, the fable of whirlpools and subter-
raneous outlets has gained belief, as the only imaginable way
of carrying off the waters which have no visible discharge. The
structure of the country would require this formation of interior
lakes ; for the waters which would collect between the Rocky
Mountains and the Sierra Nevada, not being able to cross this
formidable barrier, nor to get to the Columbia or the Colorado,
must naturally collect into reservoirs, each of which would have
its little system of streams and rivers to supply it. This would

SECOND KXPLOlllNG EXPEDITION.

119

be the natu'ul eilect ; and what I saw went to confirm it. The
Great 8alt Lake is a forniatiun of this kinil. and quite a huge
une ; and having many streams, and one considerable river, four
or five hundred miles lono;, falling into it. This lake and river
T saw and examined myst'lf; and also saw the Wah-satch and
]^ear River mountains which enclose the waters of the lake on
the east, and constitute, in that quarter, the rim of the Great
Basin. Afterwards, along the eastern base of the Sierra Nevada,
where we travelled for forty-two days, I saw the line of lakes
and rivers which lie at the foot of that Sierra ; and which Sierra
is the western rim of the liasin. In going down Lewis's Fork
and tlie main Columbia, I crossed only inferior streams coming
in from the left, such as could draw their water from a short
distance only ; and I often saw the mountains at their heads,
white with snow ; which, all accounts said, divided the waters
of the desert from those of the Columbia, and which could be
no other than the range of mountains which form the rim of the
Basin on its northern side. And in returning from California
along the Spanish trail, as far as the head of the Santa Clara
Fork of the Uio Virgen, I crossed only small streams making
their way south to the Colorado, or lost in sand — as the
Mo-hah-ve ; while to the left, lofty mountains, their summits
white witii snow, were often visible, and which must have
turned water to the north as well as to the south, and thus
constituted, on this part, the southern rim of the Basin. At the
head of the Santa Clara Fork, and in the Vegas de Santa Clara,
we crossed the ridge which paited the two systems of waters.
We entered the Basin at that point, and have travelled in it
ever since, having its southeastern rim (the Wah-satch Moun-
tain) on the right, and crossing the streams which flow down
into it. The existence of the Basin is, therefore, an established
fact in my mind ; its extent and contents are yet to be better
ascertained. It cannot be less than four or five hundred miles
each way, and must lie principally in the Alta Califoniia; the
deraarkation latitude of 42° probably cutting a segment from

ill

';1

JLM)

LIFIC AND BKIIVKJKS OK JOHN C. FUKMONT.

m ' - I'-

:i' m

tlio iiorlli part of \ho rim. Of its interior, but littlo is known.
It is ('allt'd ;i (icsn't, and, from what I saw of it, sterility may l>o
its j)romiiieiit characteristic; i)ut wliero tliero is so much water,
tliere must ho some 0(tscs. The i^reat river, and the L!,'reat lake,
re|)(>i'tc(l, may not be ('(|ual to the repcM't; but where tlier«! is so
mucji shdw, there must be streams; and whcM'e there is no
outlet, tliei-e must be hakes to hold tiio accumulat.ed waters, or
sands to swallow them uj). In this eastern part of the Hasin,
containin;;' Seviei', Utiih, and the (Jreat Salt laki's, and the riveis
and creeks falliuL;' into them, we know there is oxx.d soil and
^ood grass, adapted to civili/ed settlements. Tn tlie western
j)art, on Salmon Trout Kiver, and some other streams, the same
remark may be made.

"The contents of tliis (Jreat 13asin are yet to be examined.
That it is peopled, we know ; but miserably and wparsely.
From all that I lieard aiul saw, I should say that humanity hero
ai>i>eared in its lowest form, and in its most elementaiy state.
dispersed in sino-le families; witliout lire-arnis; eatini^ setxls
and insects; dig"i;Mn<r roots (and lienco their name) — such is
the condition of llie o-ixater part. Others are a degree higher,
and live in communities npon some lake or river that supplies
fish, and from whence they I'epulso tlie miserable Dif/ffcr. The
rabbit is the larg st animal known in this desert ; its flesh
affords a little meat; and their bao'-like coverinnf is made of its
skins. The wild sage is their only wood, and hero it is of
extraordinary size — sometimjs a foot in diameter, and six or
eight feet high. It serves for fuel, for building material, for
shelter for the rabbits, and for some sort of covering for the feet
and legs in cold weather. Such are the accounts of the
inhabitants and productions of the Great Basin ; and -which,
though imperfect, must have some foundation, and excite our
desire to know the whole.

'' The whole idea of such a desert, and such a people, is a
novelty in our country, and excites Asiatic, not American ideas*
Interior basins, with their own systems of lakes and rivers,

8FC0ND KXPLORING KXriDlTIO',.

121

nnd often storil*', aro cntniiion enonrjh in Asia; lu'Ojdo still in
the elciiKMitary state ot* t'aniilips, livinii^ in descrtf*, with no otli<>r
occnpation tiian tiio mere animal search tor food, may still 1)0
seen in that ancient qnaffei* of the i^lolic ; hnt in Amciica such
things are new and strange, unknown and unsns|M'cled, and dis-
eretlilcd when related. Tuit 1 tlatter myself that what is
discovei'e(l, thoni;li not enoni^h to satisfy ciiriosify, is snfllcii-nt
to excite it, and that subsequent explorations will complete what,
lias l)(!en commenced.

"I'his account of the Oreat 13asin, it will be remembered,
belono's to the Alta ('alifornia, ami has no ap[)lication to
Oregon, whose capabilities may justify a separate remark.
Keferriiiij to my journal for particular deficriptions, and for
Sectional boundari(>s between good and bad districts, I can only
say, in general and comparative terms, that, in that branch of
agriculture which implies the cultivation of grains and staple
crops, it would be inferior to the Atlantic States, though many
parts aie superior for wheat; while in the rearing of (locks and
herds it would claim a high place. Its grazing capabilities are
gieat; and even in the indigenous grass now there, an element
of indi\idual aiid national wealth may be found. In fact, the
valuable grasses begin within one liundred and lifty miles of the
Missouri frontier, and extend to the Pacitic ocean. P^ast of the
Kocky mountains, it is the short curly grass, on which the
butialo delight to feed (whence its name of butValo), and which
is still good when dry and apparently dead. West of those
mountains it is a larger growth, in clusters, and hence called
bunch grass, and which has a second or fall growth. Plains and
mountains both exhibit them ; and I liave seen good pasturage
at an elevation of ten thousand feet. In this spontaneous pro-
duct the trading or travelling caravans can find subsistence for
their animals ; and in military operations any number of
cavalry may be moved, and any number of cattle may be
driven; and thus men and horses be supported on long expedi-
tions, and even in winter, in the sheltered situations.

123

MFK AXD 8ERVICK3 OF JOHN 0. FRKMONT.

•' Commorcially, tlic vnhio of tlic Oronfon country must be
great, wa>lio<l as it is by ilio nortli racilir ocean — fronfincf
Asia — piodiicini,' ninny of the cUMnonts of commerce — niiM
and lie.iltliy in its climate — nn<] bccominrf, ns it naturally
will, ft thoroughfare for the East luiiia and China trade."

Tlic RouDclncss of tlicso inductionfl liuve all been siiico
al)uiulantly vcrilicd.

K 1li.T.

THIRD KXPLORTNO EXPEPITION.

123

C II A P T E R V IT .

Ill

TIIIKD EXl'KDITION — riRST VISIT TO MAHTPOSAS — STRAXflE
rilASKS (IF INDIAN UVK FKJHT AVITII IIOKSK-TIIIKF INDI-
ANS LOSKS AM. Ills CATTLE IN TllK SNOW IIOSTILK MKS-

SAOK FROM OOVK/NOK CASTUO — HOISTS TIIK AMKKICAN
FLAO IN CAI.IFOUNIA — COL. BFNTOn's A(H;()1:NT OF THE

CONQUEST OF CALIFORNIA KIT CAHSOn's ACCOUNT OF A

NIGHT ATTACK BY A PARTY OF TLA:\IATH INDIANS —

PARDON OF PICO SECRETARY MARCY's ACCOUNT OF THE

CONQUEST OF CALIFORNIA — ESTABLISHES THE INDEPEND-
ENCE OF CALIFORNIA.

In proparing these reports for the ])ress the remainder
of 1844 was occupied. In the sprin<^ of the following
year, Fremont set out on a third expedition, wliicli com-
prcliended in its design an exjdorarion of the interior
region known as tlie Great Basin, and the maritime
country of Oregon and California. But tlie leading idea
of the journey was an examination of the overland com-
munication with the ocean, und to this tlie others, though
of great and special interest, were incident and subor-
dinate.

To this special object his general plan of surveys had
been gradually directed, and his visit to California in
the preceding winter had given to it point and increased

i I-

124

Lin-: AND SERVICES OF JOIIX C. FKEMONT.

m '•

attraction. Tlie boantv of llio couiitrv, and itvS grand
commercial advantages, had indeHl)ly im})resscd them-
selves on his mind, and he had, in cont^eqnence, decided

make it a tnture liome tor nimseii ana ms lanniv.

After some months spent in examining the head-
Maters of the great rivers wliich liow to either ocean,
the l)arty descended at the beginning of winter to the
CJreat J^alr Lake, and in Octol)er encamped on its south-
western shore, in view of that nndescribed country
which at that time liad not been penetrated, and which
vague and contradictory re2)ort3 of Indians, represented
as a desert without grass or water.

Their previous visit to the lake liad given it a
somewhat familiar aspect, and on leaving it they felt as
if al'out 'o commence their iournev anew. Its eastern
shore was frequenred by hirge bands of Indians, but
here they had dwindled down to a single family, which
was gleaning from some hidden source enough to sup-
port life, and drinking the salt water of a little stream
near by, no fresh water being at hand. This ofiered
scanty encouragement as to what they might expect on
the desert bevond.

At its threshold and immediately before them was a
naked plain of smooth clay surface, mostl}^ devoid
of vegetation — the hazy -weather of the summer hung
over it, and in the distance rose scattered, low,
black and dry-looking mountains. At what appeared
to be fifty miles or more, a higher peak held out some
promise of wood and water, and towards this it was
resolved to direct their course.

I\)ur men, with a pack animal loaded with water for
two days, and accompanied by a naked Indian — who
volunteered for a reward to be their guide to a spot

THIRD p:xpi.ortng expedition.

125

md
llcd

llh-
\1'Y

"wliore he said there was grass and fine spriiiirs — were
sent ioi'ward to exi)h.)re in advance lor a foothold, and
verily the existence of M'ater before llie mIioIo parly
sliould be lannciied into the desert. Their way led
t(Avard the high peak of tlie niountaiii, on which they
were to make a smoke signal in the event of finding
Mater. Abont sunset of the second day, no signal hav-
ing been seen, Fremont became uneasy at the absence
of his men, and set out with the whole party uj)on
their trail, travelling ra})idly all the night. Towards
morm'ng one of the scouts, Archambault, was met
retui'iiino;.

The Indian had been found to know less than them-
selves, and had been sent back, but the men had jjushed
on to the mountains, where tliey found a running
stream, with wood and suthcient grass. The whole
party now lay down to rest, and the next day, after a
hard march, reached the stream. The distance across
the plain was nearly seventy miles, and they called the
mountain which had guided them Pilot Peak. This
was their lirst day's march and tlieir first camp in the
desert.

A few days afterwards the expedition was divided
into two parties — the larger one under the guidance of
Walker, a well-known mountaineer and ex|)erieiiced
traveller, going around to the foot of the Sierra Nevada
by a circuitous route which he had previously travelled,
and Fremont, with ten men, Delawares and whites,
penetrating directly through the heart of the desert.

They had been travelling a week, during which they
had seen human beings only on one occasion, and at
the close af a hard day's journey, in which they had
failed to find water, had turned into a mountain where

126

LIFE AND SERVICES OF JOHN C. FREMONT.

li i
V:

V ;

[

some appearances of timber and grass gave promising
indications of a i^ood camp.

They folloAved nj) a dry srream bed, nntil they were
nearly two tlunh'^and feet ahove tlie i)hun and towards
tJie summit of the nionnlain, wiiere they found a spring
sufficiently large for the camp wants, witli grass abun-
dant, and pine wood and cedar to keep np the night
fires ; for it was November, and the newly-fallen snow
already marked out the higher ridges of the mountains.

They were surprised to see tracks of a naked foot
near the spring, which had been recently cleaned out,
but there were no other indications of human life.
Supper was over, and they were about the fii'e, when
Carson who was lying on his back with his pipe in his
mouth, his hands under his head and his feet to the fire,
suddenly exclaimed, half rising and pointing to the
other side of the fire — '*Good God! look there!'' In
the blaze of the fire, peering over her skinny, crooked
hands, which shaded her eyes from the glare, so as to
enable her to see the men, was standing an old woman,
apparently eighty years of age, neai'ly naked, her grizzly
liair hanging down over her face and shoulders. She
bad evidently thought it a camp of her people, and
in the grateful warmth of the fire had already begun to
talk and gesticulate, when her open mouth was sud-
denly ])aralvsed and her face blanched with friii-lit, as
she saw the faces of the whites.

With a natural instinct she turned to escape, but the
men had gathered round her, and she made them com-
prehend that she had been brought there and left by
her people — that she Avas very old and could gather no
morj seeds, and was no longer good for anything, and
that she was going to die ^vheu the snows got deep.

TUIRD KXPLORING EXl'EDIl ioN.

127

She was greatly alarmed and eager to get away, and
as the hinitei's had been successriil that day, she was
plenlil'ully supplied with the meat of mountain sheep,
whicli she ran off with as soon as it was given to her.
She had not gone twenty steps before it was remeiu-
Lered that she had no liie and probably no means of
making one; and one of the men, seizing a brand,
ran after her, but to no purpose — she had dodged down
into the brush and in the darkness could not be found.

Some davs afterwards, ti-avellini^ along; the foot of a
mountain, the arid countjy covered with dwarf shrubs,
a Ho'lit volume of smoke was seen risiu"; from a ravine.
Riding cautiously up, they discovered a single Indian
on the border of a small creek. He was standing before
a little tire, naked as he was born, appai'ently thinking,
and looking at a small earthen pot which was simmering
over the lire, filled with the common ground-squirrel of
the countiy. Another bunch of squirrels lay near it,
and close by were his bow and arrows, lie was a well-
made, good-looking young man, about twenty-five years
of age. Although so taken by suiprise that he made no
attempt to esca})e, and evidently greatly alarmed, he
received his visitors withi'orced miietv and offered them
'part oi' his 2^<^t au feu and his bunch of squirrels. lie
was kindly treated and some little presents made him,
and the })arty continued their way.

His bow was handsomely made, and the arrov/s, of
which there were al)out forty in his quiver, were neatly
feathered, and headed with obsidian, worked into spear-
shape l)y patient labor.

After they had separated, Fremont found that his
Delawares had taken a fancy to the Ind'-in's bow and
arrows, and carried them off. Tliev carried them will-

H if

128

LIFE AND 8EUVICE8 OF JOHN C. FREMONT.

A- M

ingly back, when they were reminded that they had ex-
posed the poor fellow to almost certain starvation by
depriving him, in the beginning of winter, of his only
means of subsistence, which it would require months to
replace.

There were no tracks around, to indicate the presence
of other Indians in the neighborhood, nor was it probable
there were any within twenty or thirty miles. The
dilhculty of subsistence reduces this people nearly to
the condition of animals, arid scatters them, during the
greater part of the year, sometimes f^ingly, sometimes
in families, until the spring or (in certain places) the
fishins: season brinofs them to«r(?ther aocain.

One day the party had reached one of the lakes lying
along tlie foot of the Sierra Kevada, which was their
appoi?'r'?d rendezvons with their friends, and where, at
this season, the scattered Indians of the neighborhood
were gathering, to fish. Turning a point on ihe lake
shore, a party of Indians, some twelve or fourteen in
number, came abruptly in view. They were advancing
along in Indian tile, one following the other, their heads
bent forward, and eyes fixed on the ground. As the
two parties met, the Indians did not turn their heads or
raise their eyes from the ground, but passed silently
along. The whites, habituated to the chances of savage
life, and always uncertain whether they should find,
friends or f )es in those they met, fell readily into their
humoi", and they too passed on their way without word
or bait.

It wns a strange meeting : two parties of such difterent
races and different countrie^^, coming abruptly upon each
other, with every occasion to excite curiosity and pro-
voke question, pass in a desert without a word of inquiry

TUIRL' EXPLORING EXPKDITIOX.

129

or greeting — without any sliow of friendsliip or attempt
at liostilitv.

ft/

Shortly after tliis rencontrG, the divided parties met
.lb their appointed place, where a river, to which they
gave Walker's name, discharges into the lake.

There was a place on the lake where heds of rushes
made good pasturage for their half starved animals, and
here the two parties remained some days together.

It was now mid-winter, they were out of provisions —
and there was no game. The heavy snows might bo
daily expected to block up the passes in the great Siena,
if they had not already fallen, and with all their
expei'ience it was considered too hazardous to attempt
the passage with the mattriel of a whole party ; It w^as
arranged therefore that AValker should continue with the
main party southward along the Sierra, and enter the
valley of the San Joaquin by some one of the low passes
at its head, where there is rarely or never snow. Fi"e-
mont undertook, with a few men, to cross directly west-
ward over the Sierra Ts^evada to Sutter's Fort, wit] the
view of obtaining there the necessary supplies of horses
and beef cattle with which to rejoin his party.

lie encountered the obstacles which these formid-
able mountains always present in winter, but had the
good fortune to get through the passes before they were
choked by the snows, and reached Sutter's Fort in
safety. '

The necessary supplies were obtained without diffi-
culty, and in the middle of December he proceeded
with his party — now numbering in all about sixteen — •
to meet his main camp at the appointed place of rendez-
vous, travelling in a southeasterly direction up the valley
of the San Joaquin.

■

m •«:

130

LIFE AND SKRVICKS OF JOHN C. FKF,M()NT.

!«

h i ■■

After some days' travel, leaving the Mercedes river,
tliey had entered among the foot hills of the mountains,
and were journeying' through a beautiful country of
undulating ui)land, openly timbered with oaks, princi-
j)ally evergreen, and watered with small streams. In
the beauty and varied character of its scenery, this tract
is one of the most remarkable in Southern California.

Travelling along, they came suddenly upon broad and
dee])ly-worn trails, which had been freshly travelled by
large bands of horses, apparently coming from the set-
tlements on the coast. These and other indications
warned them that they were approaching villages of the
Horse-Thief Indians, who ap]:)eared to have just returned
from a successful foray. With the breaking up of the
missions many of the Indians had returned to their
tribes in the mountains. Their knowledge of the
Spanish language, and familiarity with the ranches and
towns, enabled them to pass and repass, at pleasure,
between their villages in the Sierra and the ranchos
on the coast. They very soon availed themselves of
these facilities to steal and run oft' into the mountains
bands of horses, and in a short time it became the occu-
pation of all the Indians inhabiting tlie southern Sierra
Kevada, as well as the plains beyond.

Three or four parties would be sent at a time from
dift'erent villages, and every week was sigruilized by the
carrying- oft' of hundreds of horses to be killed and eaten
in tiie interior. Ivepeated expeditions had been made
against them by the Californians, who rarely succeeded
in reaching the foot of the mountains, and were invaria-
bly defeated when they did.

As soon as the fresh trail had been discovered, four
men, tw o Delawares with Maxwell and Dick Owens,

THIRD EXPLOEIXG EXri.nillON.

131

two of Fremont's favourite men, "vvere sent fn-ward
upon the trail. The rest of tlie l>arty liad tolh)\ve(l along
at tht'lr usual gait. l)iit Indian si^iis became so tliick,
ti'ail at'rer trail joining on, that they starled rapidlj afier
the men, fearing for their safety. After a few miles
ride, they reached a s])ot which had been the recent
cam})ing ground of a village, and where abundant grass
and o'ood water siii-- fires ted a haltiui? place for the nij'ht.
It was, evidently, a favorite encampment of the Horse
Thieves, as horse-bones whitened the iri'ound in everv
direction. They immediately set about unpacking their
animals ai.d prejniring to encamp.

While thus enij-aiivd, thev heard what seemed to be
the l>arkin<>: of nninv doo--^, cominn; api)arentlv from a
village, not far distant; bnt tliey had hardly thrown off
their saddles when thev suddeidv became aware that it
was the noise of women and children shouting and cry-
ing ; and this was sufficient notice that the men who had
been sent ahead had fallen among unfriendly Indians, so
that a fiicht had alreadv commenced.

It did not need an instant to throvv the saddles on
again, and leaving four men to guard the camp, Fre-
mont, with the rest, rode off in the direction of the
sounds.

They had galloped but half a mile, when crossing a
little ridge, they came abruptly in view of several hun-
dred Indians advancing on each side of a knoll, on the
top of which were the men, where a cluster of trees
and rocks made a good defence. It was evident that
thev had come suddenlv into the midst of the Indian
village, and jumping from their horses, with the instinc-
tive skill of old hunters and mountaineers as they were,
had got into an admirable place to liglit from.

, 1
I

di!

:\l

i1 '■

J. 4S,

I.TFr: AND SKIiVKjES OK JolIN C, FUIilMONT.

Tlio Indians liad nearly surroinuhMl tlio knoll, and
M'cro about i»vttin_ii; possession of the horses as Fremont's

party came in vie

'ri

leir weleonio s

hoiit

c'liarired ni) the hill was answered bv^ the veil of tho
l^elawares as they dashed down to recover their animals,
and the eraek of Owen's and jSraxwelTs riiles. (Jwons
had singled out the foremost Indian, who went iieadlong
cl(»wn tho hill, to steal horses no more.

Profiting by the iirst surprise of the Indians, and
anxious for the safety of the men who had been left in
cam]"), the whites immediately retreated towai'ds it,
checking the Indians with occasional rifle shots, with the
range of which it seemed remarkable that they were
accpiaintcd.

Xight wns drawing on as they reached their camp,
the Indians scattered throui^h the woods and rocks about,
whence they kept up animated harangues to the whites.
^Cnny of them had been mission Indians, and sp(dce
Spanish well. " Wait,'' they said, " Esperate Carrajos
—wait until morning. There are two big villages close
by; we have sent for the chief: ho'll be down before
morning with all the ])eopU?, and you will all die.
Koiu; of vou shall go back : w(^ will have all vour horses."
The whole camp were on guard until daylight. As
soon as it was dark, each man crept to his post. They
heard the women and children retreating towards the
mountains, but nothing disturbed the quiet of the canij),
except Vvhen one of the Delawares shot at a wolf as it
jumped over a log, and which he mistook tV-tr an Indian.
As soon as it grew light they took to the most open
ground, and retreated into the phiin. This was a village
of Chauchiles Indians, ana the locality has since be-
come well known under the name of Mariposas.

TMiiM) rxri.oRTvr; T;xpi;i)iri<»N'.

1:^3

Tlio |)arty niijuin, hy ji luoro circuitous route, pushed
on to tlicir rciuK'/vous witli tlic iiuiiii cuinp.

It) his sctircli after liis coni]»ariioiis, Frctnoiit entered
into ]ii;>:li and ruL'ired mountains, where he was shut in
by the winter's snows, from wliieii lie extricated liim-
Rolf with great ditHcuhy, and with tlio hjss ot' all his
cattle.

After u delay of some weeks both |)jirties descendecl
into the "Great California Valley," <i;lad of their escape
from suffei-ing, and confident of a<^ain enjoying the hos-
pitable wcilcomc they had received the year befoi'e.
Leaving them in the valley of the San floatjnin, Fi-e-
mont proceeded alone to jVlonterey, to make known to
the authorities the condition of his l>Jirty, iind obtained
permission to recruit and i)rocure the supplies necessary
to j)roceed on his exploration.

Journeying in the security of this permission, he was
suddenly arrested in his march, near Monterey, by an
officer at the head of a body of cavalry, ^vho bore him
a violent message from the commanding officer in Cali-
fornia — Gen. Castro — commanding him to retire instant-
ly from the country.

This message — peremptory and rude, denouncing the
party as highwaymen and robbers, and inexplicable to
Fremont — was the I'csult of orders from the city of
Mexico, directing thftt^ in the event Fremont repeated
liis visit to California, he and his ])arty should be seized
and sent pi-isoners to Mexico, as had happened to Pike
in his expedition to IS^aw Mexico.

The General's rude message met with a suitable re-
sponse. Fremont refused to follow a course for which
he was totally unprepared. He was in no condition to
throw' his p;irty into the desert from which they had

104

LIFK AND SKllVICKS OF JOHN C. FKI"-MONT.

just issued, l)ut retired into tlio 'vPico del Gabellan,"
(Hawk's Peak), a rou^h inouiitaiu ovei'loukiiig the
|)laiiis of San .Iiiaii and Moiitcrev. lie cliose, near the
suinniit, a strong posirion, wliich he strengthened by a
rude fort ol felled oak tree'^, over which he hoisted the
American Hag. The j)osirioii was strong, powder and
ball ])lenty, and the men were the flower of our western
frontier. For three days they remained encamped,
during which they saw Castro, at the mission of San
Juan, in the jdain immediately below them, preparing
his forces, scaling his cannon, and gathering in the force
of the country, which lie strengthened by Indians.

The country was thrown into great excitement, and
the serious condition of affairs is very clearly shown by
the following letter from tiie United States Consul at
ALonterev to the Consul at !A[azatlan :

" COSSCLATB OF THK UNITED STATBS,

Monterey, Caupor.nu, ilarch 9, 1S46.

"Sir: Enclosed with this you will receive several copies of
corres])ondeaco in this town for the present week ; also an offi-
cial letter for the captain of any of our ships-of-war you may
have in your port on your receiving this letter. It is impossible
to say whether Seiior Castro, the Prefects and the General will
attack Captain Fremont ; we expect such will be the case.

"I am just informed by Senor Arce, the general's secretary,
wlio has just come in from the general's camp, (San Juan), that
the whole country will be niised to force Capt. Fremont, if they
required so many. Seno;- Arce further says, tliat the camp of
the Americans is near Mr. Ilartwell's raiu-ho on a higli hill,
■with his tl;ig living; of the latter I am not certain. x\s you aie
acquainteil with this country and its people, you will advise with
our naval captains on the subject of sailing immediately for this
port.

TMIUD KXIT.OUIXG KXri:i)IT[ON'.

135

»>

"If tho vessel is not actuully obliged to go el.sowliore, it is my
earnest desire she sails for Monterey on the receipt of this,
although eveiTthing may end ploasuntly amongst us.
" Believe me to be, yours sincerely,

"Thomas O. LvitKiN.

" To John Parrot, Esq., United States Consul, Mazatlan."

Two couriers were sent to Fremont's camp by !^^r.
Larkin. One, an American, failed to get through ;
the other, a native Californian, succeeded in reaching
his camp, after a narrow escape from being shot by
Fremont's men.

He brought back a note in pencil, from Captain Fre-
mont,* and reported that two thousand of his country-
men conld not compel liim to leave the country, although
his party was so small.

The following is Fremont's note to the consul, dated:

♦' March 10, 1S46.

"My Dkar Sni: I this moment received your letters, and
without wailing to read them, acknowledge the receipt, which
the courier requires, immediately.

" I am making myself as strong as possible, in the intention
that if we are unjustly attacked, we will fight to extremity, and
refuse quarter, trusting to our country to avenge our death.
No one has reached our camp, and from the heights we are able
to see the troops (with the glass) mustering at St. John's and
preparing cannon. I thank you ibr your kindness and good
wishes, and would write more at length as to my intentions, did
I not fear that my letter would be intercepted. We have in no
wise done wrong to the people or the authorities of the country,

* These papers are on file in the State Department.

«)

130

I.IFK AND Sr.IiVICKS OF JOHN C. FUF.NMXT.

!■

nnd if we nvo, hommoil in and ns^^riiiltod Ikm'B, wo will <lio, every
man of us, imdor tho tl.iij of our t'omitry.

" \'('IV (I'll I V VOUT!^,

'•J. C. KUKMOXT.

"Thomas O. Lmikix, Ksij., Con.inl
Jar the Iniilvil States, Monfcrci/.^^

They riMiijiiiUMl In llu'ir ciifiimpment scvorsil (IjiVf*, In
hourly expcctiitioii of an uttaclc. Tlie men wci'o stron«;ly
disposed to surprise Castro's camp in the niglit, but
Fremont was uiiwillin<^ to compromise his government
and the safety of the settlers in the country, by any
violent act on his })art. Towards the close of ti»e fourth
day, wliile they sat in council on the dilHculties of their
pf)sition, the fla^ which had been hoisted on a tall
saplinfi^ which luid been trimmed into a ilajj^-stafi", sud-
deidy fell, staff and all, to the <j^round. It was ominous.
The men hooked at each other doubtingly, and Fremont
with great presence of mind availed himself of the inci-
dent to decide their course. " Men," said he, that
means saddle np,'' — and before morning they were
many miles distant on the Hank of the San Joarpiin
valley.

During the night u messenger from Castro, (Gilroy,
of the valley of San Juan), reached the deserted camj)^
where he found the fires still burning. lie bronght
with him a letter from Castro, offering to Fremont a
cessation of hostilities, and proposing they should join
their forces and declare the country independent of
Mexico, and march against Governor Pico, who was in
the southern part of the territory.

Fremont now quietly and without molestation conti-
nued his journey northward, up the valley of the

»•'

TlllUn KXl'LOIilVrt FXIM'.DiriO.V.

1 '"»■

Sacramento, into Oroij^on. For what tollowod, wo
avail ourselves of the siiceiiiet, hut tlirilliii^i^ aoeoiuit
^iveii \)y Col. Heiitoti, in tho second voliinu* of his
'' Thirty' Vears' View."

" Turniri!^ liis hack on tlie Mexican possessions, and looking; to
(>i'e<(on as the tioM of his future labors, Mr. Kreinont (.letoriniii(;il
to explore a new route to the Wah-lah-inath settlements and the
tide-water rej^ion of the Columbia, through the wild and elevated
rei>;ion of tiie TIamath lakes. A romantic interest attaclndl to
this region from the grandeur of its features, its Itjfty mountains
and snow -clad peaks, ;ind from the formidable character of its
warlike iiihabitatits. In tluj tii'st week of May ho was at tho
north end of the great Tiamath lake, and in Oregon — tho lake
being cut near its south eml hy tho paralhd of 42'' north
latitude. On the eighth day of that nionlh a strange sight
presented itself — almost a startling appai'ition — two men riding* up
and penetrating a region which few ever ajjproached without paying
toll of life or blood. They proved to bo two of Mr. Fremont's
old voi/ar/citrs, and quii.'kly told their story. They were part of
a guard of six men conducting a United States ollicer, who was
on liis trail with desj)atches from Washington, and whom they
had left two days back, while they came on to give notice of his
approach, and to ask that assistance might be sent him. Thev
themselves had only esca})ot.l the Indians hy the swiftness of
their horses. It was a case in which no time was to be lost, nor
a mistake inad«\ ^[r. Fremont detei-mined to go himself; and
taking ten picked men, four of them Delaware Indians, he took
down the western shore of the lake on the morning of the Oth,
(the direction the olHcer was to come), and made a ride of sixty
miles williout a halt. But to meet men, and not to miss them,
was the diilicult point in this trackless region. It was not the
case of a higli road, where all travellers must meet in passing
each other: at intervals there were places — defiles, or camping

ibS

LIFK AND SKKVICKS OF JOHN C. FKKMoNT.

groinuls — wlioro both parties must pass; and watcliincf for
tlii'so, ho caiuo to Olio in tlio afternoon, and dcn-ided lliat, if the
j)arty was not IcilK;!, it uuist ho there that niu^ht. J[e lialled

and encanipi'd ; aihl, as tlie sun was i^oinj^ uown, iiad t,iie inex-
pressible saUstactii)n to see the four men approaehinn-. Tlie
otlicer proved to be a lieutenant of the United 8tatc;s marines,
Avlio had been dispatehe;] from Washiuij^ton the Novtnnber pi'o-
vious, to make his way by Vera (Jru/, the City of Mexico and
Mazathin, to .Nfonterey, in Upper Cahfornia, deliver despat(dies
to the Unitetl States consul there; anil then tind Mr. Fremont,
wherever he should be. Hi- despatches for Mr. Fremont were
only a letter of introduction from the Secretary of State, (Mr.
Buchanan), and some letters and sli[)s of newspajiers from
Senator Benton and his family, and some verbal <'-ommuni(!ations
from the Secietary of State. The verbal communications were
that Mr. Freemont should watch and counteract any foreijrn
scheme on California, and conciliate the good will of the
inhabitants towards the United States. Uj)on this intimation of
the cfovernment's wishes, Mr. Fremont turned back from Ore-
gon, in the edge of which he then was, and returned to
California. The letter of introdu(!tion was iti the common form,
that it might tell nothing if it fell into the hands of foes, and
signiiled nothing of itself; but it accredited the bearer, and
gave the stamp of authority to what he communicated ; and
upon this Mr. Fremont acted ; for it was not to be supposed that
Lieut. Gillespie had been sent so far, and through so many dan-
gers, merely to deliver a common letter of introduction on the
eliores of the Tlamath lake."

The events of the iiic'lit referred to l)v ^Mr. ThmiIoii,
and of a few siu'ceediii<!: davs, are ii:i'aphic'allv told bv
Carson liimself, in an article furnished to the Wasliino--
ton Union of June IGtli, IS-iT, from wliich we make
the followinir extract :

for

the
tod

lie

U'S.

TillllD EXPI.OKINO EXPEDITION.

139

(( (

Mr. Gillespie had brouirlit the Colonel letters from home —
the first he had had siii(;e loaviiiir the States the year before —
and he was up, and kept a lari^e iiro biiriiinL,^ until after niid-
uiLjht ; the rest of us were tired out, and all went to sleep.
'J'his was the only ni^'ht in all our travels, e.\(;('j>t the one night
on the island in tlie Salt Lake, that we faihid to ke<'p u;uard ;
and as the men were so tired, and we expeeteii no attack now
that we had sixteen in the party, the Colonel didn't like to ask
it of them, but sat up late himself. Owens and I were sl(jej»ini^
too'cther, and we were waked at the same time by the licks of
tlie axe that killed our men. At first, I didn't know it was
that; but I called to IJasil, who was that side — 'What's the
matter there ? — What's that fuss about?' — he never answered,
for he was dead then, poor fellow, and he never knew what killed
him — his head had bjen cut in, in his sleep ; the other groaned
a little as he died. The Delawares (we had four with us) were
sleeping at that fire, and they sprang up as the Tlamaths charged
them. One of them caught up a gun, which was unIoad<!d;
but, although he coidd do no execution, he kej>t them at bay,
fighting like a soldier, and didn't give up until he was shot full
of arrows — three entering his lioart; he dierl bi-avelv. As soon
as 1 had called out, I saw it was [ndians in the camp, and I and
Owens tom'ther cried out 'Indians.' 'Jhero were no orders
given ; things went on too fast, and the Colonel had men with
him that didn't need to be told their duty. The Colonal and I,
Maxwell, Owens, Godey, and Stepp, jumped together, we six,
and ran to the assistance of our Delawares. I don't know who
fired and w-ho didn't; but I think it was Stepp's shot that killed
the TIaniath chief; for it was at the crack of Stepp's gun that
he fell. He had an English half-axe slung to his wrist bv a
cord, anJ there were forty arrows left in his quiver — the most
beautiful and warlike arrows I ever saw. lie must have been
the bravest man among them, from the way he was aimed, and
judging by his cap. When the Tlamaths saw him fall, they

140

LIFE AND SERVICES OF JOHN C. FKEMONT.

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ran ; but we lay, every man with iiis rifle cocked, until daylight,
expecting another attack.

" ' In the morning we found by the tracks tliat from fifteen to
twenty of the Tlamaths had attacked us. They had killed three
of our men, and wounded one of the Delawares, who scali)ed
the chief, whom we left where he fell. Our dead men we car-
ried on mules ; but, after going about ten miles, we found it
impossible to get them any farther through the thick timber,
and finding a secret place, we buried them under logs and
chunks, having no way to dig a grave. It was only a few days
before this fight that some of these same Indians had come into
our camp ; and, although we had only meat for two days, and
felt sure that we should have to eat mules for ten or fifteen days
to come, the Colonel divided with them, and even had a mule
unpacked to give them some tobacco and knives.'

" The pai'ty then retraced its way into California, and two
days after this lencontre they met a large villao;e of Tlamaths —
more than a hundred warriors. Carson was ahead with ten
men, but one of them having been discovered, he could not fol-
low his orders, which were to send back word and let Fremont
come up with the rest in case they found Indians. But as thoy
had been seen, it only remained to charo'e the villao'e, which
they did, kiliinn; many, and puttinij the rest to fliojlit. The
women and children, Carson says, we didn't interfere with ; but
they buint the village, together with their canoes and fishing
nets. In a subsequent encounter, the same day, Carson's life
was imminently exposed. As they galloped up he was rather in
advance, when he observed an Indian fixing his arrow to let fly
at him. Carson levelled his rifle, but it snapped, and in an
instant the arrow would have pierced him, had not Fremont,
seeing the danger, dashed his horse on the Indian and knocked
I owe my life to them two,' says Caison — ' the

him down,

Ct'ionel and Sacramento saved me.

acramcnto is a noble

Californian horse which Captain Sutter gave to Colonel Fremont

TUIRD EXPLORING EXPEDITION".

141

in 1844, and which has twice made the distance between Ken-
tncky and his native valley, where he earned his name by swirn-
mintr tiie river after which he is called, at the close of a long
day's journey. Notwithstanding all his hardshijis — for he has
travelled everywhere with his master — lie is still the favorite
horse of Colonel Fremont."

We resume the extract from Benton's " Thirty Years'
"V'iew:"

" It was in the midst of such dangers as these, that science
was pui'sued by Mr. Fremont ; that the telescope was carried to
read the heavens; the barometer to measure the elevations of
the earth ; the thermometer to gauge the temperature of the
air ; the pencil to sketch the giandeur of mountains, and to
paint the beauty of floweis ; the pen to write down whatever
was new, or strange, or useful in the works of nature. It was
in the midst of such dangers, and such occupations as tliese, and
in the wildest regions of the Farthest West, that Mr. Fremont
was pursuing science and shunning war, when the arrival of
Lieutenant Gillespie, and his communications fj'ora Washington,
suddenly changed all his plans, turned him back from Oregon,
and opened a new and splendid field of operations in California
itself. He arrived in the valley of the Sacramento in the month
of May, 1846, and found the country alarmingly and critically
situated. Three great operations, fatal to American interests,
were then going on, and without remedy, if not arrested at once.
Tbcse wei'e — 1. The massacre of the Americans, and the
destruction of their settlements, in the valley of the Sacramento.
2. The subjection of California to British protection. 3. The
transfer of the public domain to British subjects. And all this
with a view to anticipate the events of a Mexican war, and to
shelter California from the arms of the United States.

" The American settlers sent a deputation to the camp of Mr.
Fremont, in the valley of the Sacramento, laid all these dangers

t iii

142

LIFE AND SERVICES OF JOHN C. FREMONT.

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before him, and inijtlored liim to place himself at their head and
save them from destruction. General Castro was then in march
upon them : the Indians were incited to attack their t;nnilie3,
and burn iheir wl)eat-fields, and were only waiting for the dry
season to apply tlie torch. Juntas wei-e in session to trans-
fer the country to Great Britain : the public domain was passing
away in large grants to British subjects : a British lleet was
expected on the coast ; the British vice-consul, Forbes and the
emissary priest, Macnamarn, ruling and conducting every-
thing, and all their plans so far advanced as to render the
least delay fatal. It was then the beginning of June. War had
broke out between the United States and Mexico, but that was
unknown in California. Mr. Fremont had left the two countries
at peace when he set out upon his expedition, and was determined
to do nothinnr to disturb their relations: he had even left
California to avoid giving oflence ; and to return and take up
arms in so short a time was apparently to discredit his own pre-
vious conduct, as well as to implicate his government. He felt
all the responsibilities of his position ; but the actual approach
of Castro, and the immediate danger of the settlers, left him no
alternative. lie determined to put himself at the head of the
people, and to save the country. To repulse Castro was not
sufficient : to overturn the Mexican government in California,
and to establish Californian Independence, was the bold resolve,
and the only measure adequate to the emergency. That resolve
was taken, and executed with a celerity that gave it a romantic
fiuc(!ess. The American settlers rushed to his camp — brought
their arms, horses and atnmunition — were formed into a battal-
ion ; and obeved with zeal and alacritv the orders thev received.
In thirty days all the northern part of California was freed from
Mexican authority — Independence proclaimed — the flag of
Independence raised — Castro flying to the south — the American
settlers saved from destruction ; and the British party in
California counteracted and broken up in all their schemes.
"This movement for independence was the salvation of

TIIinD KXPLORING EXPEDITION.

143

California, and snatclied it out of the hands of the British at the
moment thev were readv to clutch it. For two Imixli-ed vears —
from the time of the navii^ator Drake, who almost claimed it as
a discovery and jtlacrd the English name of Now Albion upon
it — the eye of Engl'ind has been upon California; and the mag-
niti(rent bay of S'Ui Francisco, the g-reat .seaport of the North
Pacific Ocean, has been surveyed as her own. The approaching
war between Mexico and the United States was the crisis in
which she expected to realize the long-deTorred wish for its
acquisition ; and carefully she took her measures accordingly.
She sent two squadions to the Pacific as soon as Texas was
incorporated — well seeing the actual war which was to grow
out of tliat event — a small one into the mouth of the Colurabia,
an im]>osing one to Mnzatlan, on the Mexican coast, to watch
the United States squadron there, and to anticipate its move-
ments upon California. Commodoie Sloat, commanding the
squadron at Mazatlan, s.'w that he was watched, and pursued by
Admiral Seymour, wlio lay along side of hi?n, and he determin-
ed to deceive him. lie stood out to sea, and was followed bv the
British Admiral.

"During the day he bore west, across the ocean, as if going.
to the Sandwich Islands: Admiral Seymour followed. In the
night the American commodore tacked, and ran up the coast
towards California: the British Admiral, not seeing the tack,
continued on his course, and went entirely to the Sandwich
Islands before he was undeceived. Commodore Sloat arrived
before Monterey on the second of July, entering that port ami-
cably, and oftering to salute the town, which the authorities
declined on the pi-etext that they had no powder to return it —
in reality because they momentarily expected the British fleet.
Commodore Sloat remained five days before the town, and until
he lieard of Fremont's operations ; then believing that Fremont
had orders from his government to take California, he having
none himself, he determined to act himself. He received the
news of Fremont's successes on the 6th day of July : on the 7th

144

LIFE AND SERVICES OF JOHN C. FRICMONT.

! ;■:

♦

ii'i

lie took the town of Monterey, and sent a (iisj)atcli to Fremont.
Tlie latter came to him in al! speed, at the head of his mounted
force, (jroing immediately on board the commodore's vessel, an
exphmation took place. The commodore learnt with astonish-
ment that Fremont had no orders from his government to com-
mence hostilities — that he acted entirely on his own responsi-
bility. This left the commodore without authority for having
taken Monterey ; for still at this time, the commencement of the
war with Mexico was unknown. Uneasiness came upon the
commodore. lie remembered the fate of Captain Jones in
making the mistake of seizing the town once before in time of
peace, lie resolved to return to the United States, which he
did — turning over the command of the squadron to Commodore
Stockton, who had arrived on the 15th. The next day (16th)
Admiral Seymour arrived ; his flagship, the Collingwood, of 80
guns, and his squadron the largest British fleet ever seen in the
Pacific. To his astonishment he beheld the American flag flying
over Monterey, the American squadron in its harbor, and Fre-
mont's mounted riflemen encamped over the town. Ilis mission
was at an end. The prize had escaped him. lie attempted
nothing further, and Fremont and Stockton rapidly pressed the
conquest of California to its conclusion. The subsequent mili-
taiy events can be traced by any history ; they were the natural
sequence of the great measure conceived and executed by Fre-
mont before any squadron had arrived upon the coast, before he
knew of any war with Mexico, and without any authority f. ->ra
his government, except the equivocal and enigmatical visit of Mr.
Gillespie. Before the junction of Mr. Fremont with Commodores
Sloat and Stockton, his operations had been carried on under the
flag of Independence — the Bear Flag, as it was called — the
device of the bear being adopted on account of the courageous
qualities of that animal (the white bear), which never gives the
road to men — which attacks any number — and fights to the last
with increasing ferocity, with amazing strength of muscle, and
with an incredible tenacity of the vital principle — never more

THIRD EXPLORING EXPEDITION.

- H

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formidable and dangerous than wlien mortally wounded. Tho
Independents took the deviee of this bear for their flag, and
established the indej)endence of California under it : and in join-
ing the United States forces, hauled down this flag and lioisted
the flag of the United States. And the fate of California wouhJ
have been the same wlietlier the United States sijuadrons had
arrived or not, and whether the \ exican war had happened or
not. California was in a revolutionary state, already divided
from Mexico politically, as it had always been geographically.
Tlie last governor-general from Mexico, Don Michel Toreno, had
been resisted, fought, captured and shipped back to Mexico, with
his 300 cut-throat soldiers. An insurgent government was in
o})eration, determined to be free of Mexico, sensible of inability
to stand alone, and looking, part to the United States, part to
Great Britain for the support which they needed. All the
American settlers were for the United States protection and
joined Fremont. The leading Californians were also joining
him. His conciliatory course drew them rapidly to him. The
Picos who were ♦he leading men of the revolt (Don Pio, Don
Andres, and Don Jesus,) became his friends. California, became
independent of Mexico by the revolt of the Picos, and indepen-
dent of them by the revolt of the American settlers, had its des-
tiny to fulfill — which was, to be handed over to the United States.
So that its incorporation with the American Republic was
equally sure in any and every event."

The following incident illustrates the conciliatory
poUcy of Col. Fremont, towards the Picos, which Col.
Benton refers to in the last preceding paragraph, as well
as the sagacity and judgment — to say nothing of the
generosity with which he discharged his duties as
an officer during this critical period.

Ono of the Picos, the brother of the governor of
California, had been dismissed by Fremont on parole,

146

LIFE AND SERVICES OF JOHN C. FREMONT.

and was recjiptiircd in the act of bronlclng it. lie whs
licjuling an insurrection which niiglit liave [)rovc(l fatal
to the American army; and the Anierican soUliera
chiniored for his head. Pico was brought before Fre-
mont, identified, tried by a court inurtiul, and condemned
to death. Tiirougli the whole examination and the deli-
very of the sentence, he remained cool and com-
posed, and received his hist sentence with trno Castilian
dignity. The hour of twelve was fixed for the execu-
tion. About an hour before, an unusual noise was heard
without, and before one had time to ascertain its cause,
a company of ladies and children rushed into the room
to which the colonel had retired, threw themselves on
their knees, and with the eloquence which only such an
emergency could inspire, begged that the husband and
father might be spared. The stern officer who was him-
self both a hnsband and a father, and wliose thoughts
were suddenly hurried back over the wilderness, and
the mountain, to their distant homes in the East, Avas
unprepared for this appeal, and surrendered to the
impulses of humanity without resistance. Raising the
broken hearted mother, he exclaimed, but with choaking
utterance, " he is pardoned." He would have turned
to escape the grateful blessings which were invoked upon
his head, and from witnessing the tears of joy which fol-
lowed the tears of despair, from their now delighted eyes,
but they would not permit it. As the shortest and fit-
test way of closing the trying scene. Col. Fremont sent
for the prisoner to receive his pardon, in the presence
of his family. When Pico entered the room, the
countenances of all present told him of his good for-
tune, and when it was confirmed by the word of the
Colonel, he was for a moment speechless. He had

THIRD EXPLORING EXPEDITION.

borne misfortune and disgrace with firmness, hut the
news of his pardon was too much for liim. Overcome
with emotion, lie llun<^ liimsolf upon the floor heforo
Cohmel Fremont, chisped his knees convulsively, swore
eternal fidelity to liiin and his, and begged the privi-
h'ge of fighting and dying for him. From that day
forth, Col. Frempnt had no firmer friend than his for-
mer inveterate antagonist, Pico.

The prudence, heroism, skill, and endurance dis-
phiyed by Col. Fremont, in the conquest of California,
furnished the administration at Washington, with one
of its most grateful and decisive triumphs. The follow-
ing passages from the annual report of Mr. Marcy, then
Secretary of "War, bearing date December 6th, 1846, will
show the importance which President Polk and his
cabinet, attached to the services of the young hero, in
securing that triumph.

MR. MARCy's RKPORT ON FREMONt's EXPLORATIONS.

War Department, Dec. 5, 1846,
******

"In May, 1845, .Tohn C. Fremont, then a brevet captain in the
corps of Topographical Engineers, and since appointed a lieu-
tenant colonel, left here under orders from this department to
pursue his explorations in the regions beyond the Rocky Moun-
tains. The objects of this service were, as those of his previous
explorations had been, of a scientifi(; character, without any view
whatever to tnilitarv operations. Not an officer nor soldier of
the United States army accompanied him ; and his whole force
consisted of sixty-two men, employed by himself for security
ao-ainst Indians, and for procuring^ subsistence in the wilderness
and desert country through which he was to pass.

" One of the objects he had in view was to discover a new and

' ill

14S

LITE AXD fiFRVTCKS OF JOHN C. I- TTTTlSroXT.

pliorter route from llio western baso of tlio Rocky Mountains to
tlio inoutlj of the ColutnMa river. This search, for a part of the

(list

Itlco

wonlfl carrv him throiiijh the unsettled, and afterward

thri)Uiy;h a corner of the settled parts of CaHfornia. lie
approached these settk'metits in the winter of 1845-'({. Aware
of the critical state of ntfaira between the Uiiited States an*!
Mexi(!0, and determined to yive no cause of offence to the
authorities of the jtrovince, with commendMhle prudence he
lialted liis commaml on the frontier, one hundred miles t'rom
Monterey, and procee(h'd alone to that city to exphiin the ol»ject
of his coming to the commatKhmt iijeneral, Castro, and to obtain
j»ermission to ^o to tiie valley of the San Joaqnim, where there
was game for his men and i^rass for his liorses, and no inhabi-
tants to be molested by his presence. 'J'he leave was granted ;
but scarcely liad ho reached the desired spot for refreshment and
rejH)se, before he received information from the American settle-
ments, and by ex})resses fmm our Consul at Monterey, that
(jreneral Castro was prei)ai'ing to attack him with a compara-
tively large forco of artillery, cavalry and infantry, upon the
jiretext that, under the cover of a scientific mission, he was
exciting the American settlers to revolt. In view of this danger
and to be in a condition to repel an attack, he then took a position
on a mountain overlookinsj Monterev, at a distance of about
tliirty miles, entrenche<l it, raised the flag of the United States,
and with his own men, sixty-two in number, awaited the
approach of the (commandant general.

From the 7th to the 10th of March, Colonel Fremont and his
little band maintained this position. General Castro did not
approach within attacking distance, and Colonel Fremont, adher-
ing to his plan of avoiding all collisions, and determined neither
tocompromit his governmont nor the American settlers, ready to
join him at all hazards, if he had been attacked, abandoned his
position, and commenced his march for Oregon, intending by
that route to return to the United States. Deeminof all danger
from the Mexicans to be passed, he yielded to the wishes of some

». s

C0NQUK8T OF CALIFORNIA.

14J)

of his tiK^ti wlio (IcsiicMl to roiimin in tlio comitry, diH('liarL':»Hl
tluMM iVoiii Ills service, nnd ret'tiseil to ri'ccivo otlu'i-s iu tlioir
stead, so cautious was lie to avoid doiiii,' aiiythiii!,' wiiidi would
coiDnnmiit the American settlers or ufive even a color of ortl-iice
to the Mexican autliorilies. lie pursued liis march slowly and
leisurely, as the state of his men and horsi's r»'(|uired, until tho
middle of May, and liad reachoil the northern shore of tho
g-reater Tlamath Lake, within the limits of the r)reL(ot» Territory,
when lie found his further projrross in that direction obstructed
bv impassable snowv mountains and hostile Indians, who, havin<i'
been excited against iiim by General Castro, had killed and
wounded four of his men, and left him no repose either in camp
or on his march. At the saiyo time information reached him
that General Castro, in addition to his Indian allies, was atlvanu-
in<j; in person against him with artillery and cavalry, at the head
of four or five hundred men ; that they were passing around tho
head of the liay of San Francisco to a rendezvous on the north
side of it, and that the American settlers in the valley of tho
Sacramento were com^jrehended in the scheme of destructiou
meditated against his own party.

Under these circumstances, he determined to turn upon his
Mexican pursuers, and seek safety both for his own party and the
American settlers, not merely in the defeat of Castro, but in the
total overthrow of the Mexican authority in California, and the
establishment of an independent government in that extensive
department. It was on the 6th of June, and before the com-
mencement of the war between the United States and Mexico
could liave there be known, that this resolution was taken ; and,
by the 5th of July, it was carried into eli'ect by a series of rapid
attacks, by a small body of adventurous men, under thecondiict
of an intrepid leader, quick to perceive and able to direct the
proper measures for accomplishing sucli a daring enter2)rise.

On the 11th of June a convoy of 200 horses for Castro's
camp, with an officer and 14 men, were surprised and captured
by 12 of Fremont's party. On the 15th, at daybreak, the military

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150

LIFE AND SERVICES OF JOHN C. FREMONT.

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post of Sanorr.a was also surprised and taken, with nine brass
cannon, 250 stand of muskets, and several officers and some men
and munitions of war.

" Leaving a small garrison at Sanoma, Colonel Fremont went to
the Sacramento to rouse the American settlers; but scarcely
had he arrived there, when an express reached him from the
garrison at Sanoma, witli information that Castro's whole force
was crossing the bay to attack that place. This intelligence was
received in the afternoon of the 23d of June, while he was on
the American fork of the Sacramento, 80 nnles from the little
garrison at Sanoma ; and, at 2 o'clock on the morning of the
25th, he arrived at tliat place with 90 riflemen from the Ameri-
can settlers in that valley. The enemy had not yet appeared.
Scouts were sent out to reconnoitre, and a party of 20 fell in
with a squadron of 10 dragoons (all of Castro's force which had
crossed the bay), attacked and defeated it, killing and wounding
five, without harm to themselves; the Mexican commander, De
la Torre, bajely escaping with the loss of his transport boats and
nine places of brass artillery, spiked.

*• The coiintry north of the bay of San Francisco being cleared
of the enemy. Colonel Fremont returned to Sanoma on the even-
ing of the 4th of July, and on the morning of the 5th, called the
people together, explained to them the condition of things in
the province, and recommended an immediate declaration of
independence. The declaration was made, and he was selected
to take the chief direction of affairs.

" The attack on Castro was the next object. He was at Santa
Clara, an entrenched post on the upper or south siue of the
Bay of San Francisco, with 400 men and two pieces of field
artillery. A circuit of more than a hundred miles must be
traversed to reach him. On the 6th of July the pursuit was
commenced, by a body of IGO mounted riflemen, commanded
by Colonel Fremont in person, who, in three days, arrived
at the American settlements on the Rio de los Americanos.
Here he learnt that Castro had abandoned Santa Clara, and was

CONQUEST OF CALIFORNIA.

151

retreating south towards Ciudad de loa Angeles (the city of the
Angels), the seat of the Governor General of the Californias, and
distant 400 miles. It was instantly resolved on to pursue him
to that place. At the moment of departure the gratifying intel-
ligence was received that war with Mexico had commenced ;
that Monterev ha<] been taken by our naval force, and the flag
of the United States there raised on the 7ch of Julv; and that
the fleet would co-operate in the pursuit of Castro and his forces.
The flag of independence was hauled down, and that of the
United States hoisted, amidst the hearty greetings and to the
great joy of the American settlers and the forces under the com-
mand of Colonel Fremont.

"The combined pursuit was rapidly continued; and on the
12 th of August, Commodore Stockton and Colonel Fremont,
with a detachment of marines from the squadron and some rifle-
men, entered the City of the Angels, without resistance or objec-
tion ; the Governor General, Pico, the Commandant General
Castro and all the Mexican authorities, having fled and dispersed.
Commodore Stockton took possession of the whole country as a
conquest of the United States, and appointed Colonel Fremont
Governor, under the law of nations ; to assume the functions of
that office when he should return to the squadron.

" Thus, in the short space of sixty days from the first decisive
movement, this conquest was achieved by a small body of men,
to an extent beyond their own expectation ; for the Mexican
authorities proclaimed it a conquest, not merely of the northern
part, but of the whole province of the Californias.

" The Commandant General, Castro, on the 9th of August,
from his camp at the Mesa, and next day 'on the road to
Sonora,' announced this result to the people, together with the
pctual flight and dispersion of the former authorities; and at the
same time, he officially coininunicated the fact of the conquest to
the French, English, and Spanish Consuls in California ; and
to crown the whole, the official paper of the Mexican govern-
ment, on the 16th of October, in laying these official communi-

niBHrT

Ifj

'■Hfi

>'flH^E£

'IBti

)"!

'^Vi^^EH

152

UFE AND 8EEVICES OF JOHN C. FREMONT.

cations before the public, introduced them with the emphatic

declaration, ' The loss of the Californias is consummated.'

" The whole province was yielded up to the United States, and is

now in our military occupancy. A small part of the troops

sent out to subject this province will constitute, it is presumed, a

sufficient force to retain our possession, and the remainder will

be disposable for other objects of the war.

*********

"W. L. Marct.

** To THE PUESIDENT OF THE UnITKD StATES."

The extraordinary journey of Fremont, with ninety
riHemen, to succor the American garrison at Sanoma>
which the Secretary of AVar deems worthy of such
specitic commendation, was altogether surpassed, a
few mouths later, when impelled by motives equally
humane and patriotic, he rode nine hundred and sixty
miles in seven days, through a rough aud dangerous
country, to inform General Kearney of an impending
insurrection in Lower California. An account of this
extraordinary feat, in which, however, the distance is
under-stated, was prepared for the Washington Imelli-
gencer in 1848, by one who became acquainted wiih
the incidents from the lips of one of the party, and is
every way worthy of being preserved among the
choicest memorials of the young conqueror and explorer
of California. We quote it as published in the National
Intelligencer of Nov. 22, 1847.

The Extraordinary Ride of Lieut. Col. Fremont, his friend
Don Jesl's Pico, and his Servant, Jacob Dodson, from
Los Angeles to Monterey and Back in March, 1847.

"This extraordinary ride of 800 miles in pioht days, inchiding
all stopp:ii;e8 and near two days' detention — a whole day aud

EXTKAORDINARY KIDE.

153

a niglit at Monterey, and nearly two halt' days at San Luis
Obiapo — having been brouglit into evidence before the Army
Court Martial now in session in this city, and great desire being
expressed by some friends to know how the ride was made, I
lierewith send you tlie particulars, that you may publisii them
if you please, in the National IritelUr/encer as an incident con-
nected with th times and affairs under review in the trial, of
winch you give so full a report. The circumstances were first
got from Jacob, afterwards revised by Col. Fremont, and I drew
them up from his statement.

" The publication will show, besides the horsemanship of the
riders, the power of tlie Califonda horse, especially as one of the
horses was subjected, in the course of the ride, to an extraor-
dinary trial in order exhibit the capacity of his race. Of course
this statement will make no allusion to the objects of the
journey, but be confined strictly to its performance.

" It was at daybreak on the morning of tlie 22d of March,
that the party set out from La Cuidad de los Angeles (the city
of the Angels) in the southern part of Upper California, to pro-
ceed, in the shortest time, to Monterey on the Pacific coast,
distant full four hundred miles. The way is over a mountainous
country, much of it uninliabited, with no other road than a
trace, and many defiles to pass, particularly the maritime defile
of el Rincon or Punto Gordo, fifteen miles in extent, made by
the jutting of a precipitous mountain into the sea, and which
can only be passed when the tide is out and the sea calm, and
then in many places through the waves. The towns of Santa
Barbara and San Luis Obispo, and occasional ranches, are the
principal inhabited places on the route. Each of the party had
three horses, nine in all, to take their turns under the saddle.
The six loose horses ran ahead, without bridle or halter, and
required some attention to keep to the track. When wanted
for a change, say at the distance of twenty miles, they were
caught by the lasso, thrown either by Don Jesus or the servant
Jacob, who, though born in Washington, in his long expeditions

T^'

154

LIFE AND SERVICES OF JOHN C. FKEMONT.

with Col. Fremont, had become as expert as a Mexican with the
lasso, as sure as tlie mountaineer with the rifle, equal to either
on horse or foot, anil always a lad of courage and fidelity.

" None of the horses were shod, that being a practice unknown
to the Californians. The most usual gait was a sweeping gallop.
The first day they ran one hundred and twenty -five miles, pass-
injr the San Fernando mountain, the defile of the Rincon, several
other mountains, and slept at the hospitable ranche of Don Tho-
mas Robberis, beyond the town of Santa Barbara. The only
fatigue complained of in this day's ride was in Jacob's right arm,
made tired by throwing the lasso, and using it as a whip to keep
the loose horses to the track.

"The next day they made another one hundred and twenty-
five miles, passing the formidable mountain of Santa Barbara,
and counting upon it the skeletons of some fifty horses, part of
near double that number which perished in the crossing of that
terrible mountain by the California battalion, on Christmas day,
1846, amidst a raging tempest, and a deluge of rain and cold
more killing than that of the Sierra Nevada — the day of severest
suffering, say Fremont and his men, that they have ever passed.
At sunset, the party stopped to sup with the friendly Captain
Dana, and at nine at night San Luis Obispo was reached, the
home of Don Jesus, and where an affecting reception awaited
Lieutenant-Colonel Fremont, in consequence of an incident
which occurred there that history will one day record ; and he
was detained till 10 o'clock in the morning receiving the visits
of the inhabitants (mothers and children included), taking a
breakfast of honor, and waiting for a relief of fresh horses to be
brought in from the surrounding country. Here the nine horses
from los Angeles were left, and eight others taken in their place,
and a Spanish boy added to the party to assist in managing the
loose horses.

"Proceeding at the usual gait till eight at night, and having
made some seventy miles, Don Jesus, who had spent the night
before with his family and friends, and probably with but little

EXTRA.OEDINAKT RIDE.

155

sleep, became fatigued, and proposed a halt for a few hours. It
was in the valley of the Salinas (salt river called Buena Ventura
in the old maps), and the haunt of marauding Indians. For
safety during their repose, the party turned off the trace, issued
through a canon into a thick wood, and laid down, the horses
being put to grass at a short distance, with the Spanish boy in
the saddle to watch. Sleep, when commenced, was too sweet to
be easily given up, and it was half way between midnight and
day, when the sleepers were aroused by an estampedo among
the l.orses, and the calls of the boy. Tiie cause of the alarm
was soon found, not Indians, but white bears — this valley being
their great resort, and the place where Colonel Fremont and
thirty-five of his men encountered some hundred of them the
summer before, killing thirty upon the ground.

" The character of these bears is well known, and the bravest
hunters do not like to meet them without the advantage of num-
bers. On discovering the enemy, Colonel Fremont felt for his
pistols, but Don Jesus desired him to lie still, saying that ' people
could scare bears;' and immediately hallooed at them in Spanish,
and they went cff. Sleep went oft' also ; and the recovery of the
horses frightened by the bears, building a rousing fire, making a
breakfast from the hospitable supplies of San Luis Obispo, occu-
pied the party till dny-break, when the journey was resumed.
Eiohty miles, and th'^» ifteinoon brought the party to Monterey.

" The next day, i** the afternoon, the party set out on their
return, and the two I^rses rode by Col. Fremont from San Luis
Obispo, being a preser' to him from Don Jesus, he (Don Jesus)
desired to make an exj- mment of what one of them could do.
They were brothers, on a grass younger than the other, both of
the same color (cinnan? m), and hence called el canalo, or los
canalos, (the cinnamon s)i- the cinnamons.) The elder was
to be taken for the ^rial; and the journey comr.i'^nced
upon him at leaving M^/lerey, the afternoon well advanced.
Thirty miles under the saddle done that evening, and the
party stopped ff *• t'-ie night. In the morning the elder

ir>c

LIFT'; AND SKKVICKS OF JOHN C. FKEMONT.

i 1

f I

cafialo was again under the saddle for Col. Fremont, and for
ninety miles he carried bim without a change, and without
apparent fatigue. It was still thirty miles to San Luis Obispo,
where the night was to be passed, and Don Jesus insisted that
cafialo could do it, and so said the horse by his looks and action.
But Col. Fremont would not put him to the trial, and, shifting
the saddle to the younger brother, the elder was turned loose to
run the remaining thirty miles without a rider. He did so, imme-
diately taking the lead and keeping it all the way, and entering
San Luis in a sweeping gallop, nostrils distended, snuffing the
air, and neighing with exultation at his return to his nutive pas-
tures; his younger brother all the time at the head of the horses
under the saddle, b'^aring on his bit, and held in by his rider.
The whole eight horses made theii one hundred and twenty
miles each that day (after thirty the evening before), the elder
cinnamon making ninety of his under the saddle that day,
besides thirty under the saddle the evening before; nor was
there the least doubt that he would have done the whole
distance in the same time if he had continued under the sad-
dle.

" After a hospitable detention of another half a day at San Luis,
Obispo, the party set out for Los Angeles on the same nine horses
which t'.ey had rode from that place, and made the ride back in
about the same time they had made it up, namely, at the rate
of 125 miles a day.

" On this ride, the grass on the road was the food for the horses.
At Monterey they had barley ; but these horses, meaning those
trained and domesticated^ as the canalos were, eat almost any-
thing of vegetable food, or even drink, that their master uses,
by whom they are petted and caressed, and rarely sold. Bread,
fruit, sugar, coffee, and even wine (like the Persian horses), they
take from the hand of their master, and obey with like docility
his slightest intimation. A tap of the whip on the saddle, springs
them into action ; the check of a thread rein (on the Spanish
bit) would stop them : and stopping short at speed they do not

EXTRAOKDINARY KIDE.

157

jostle the rider or throw him forward. They leap on anything
— man, beast, or weapon, on which their master directs them.
But this description, so far as coiiduct and behavior are con-
cerned, of course only applies to the trained and domesticaied
horse.*

* See Appendix D. *' The ride of one hundred."

158

LIFE AND 6EKVICES OF JOHN C. FREMONT.

: r.

CHAPTER yill.

tn 'I

!: 'i

CONQUEST OF CALIFORNIA COMPLETED JOINS COMMODORE

STOCKTON — DESCRIPTION OF HIS PARTY ON ITS ARRIVAL

AT MONTEREY ORGANIZES THE CALIFORNIA BATl'ALION —

IS APPOINTED MAJOR — ORIGIN OF THE CONTROVERSY
BP:TWEEN COMMODORE STOCKTON AND BRIGADIER GKNERAL
KEARNEY COMMODORE STOCKTOn's REPORT OF THE CON-
QUEST OF SOUTH CALIFORNIA INSURRECTION OF THE

WAH-LAH-WAIl-LAH INDIANS QUELLED CAPITULATION OF

COUENGA FREMONT GOVERNOR OF CALIFORNIA.

Ampler details of some of the events wliicli preceded
the capitulation of Coiienga so eloquently grouped by
Col. Benton, are necessary to a perfect ai>j)reciation of
the military and administrative ability displayed by
Col. Fremont in the emancipation of California.

Castro's first hostile message reached him in the
midst of his scientific employments about eight leagues
from Monterey on the 3d of March, 1840. By the 1st
of July he had scattered the combinations of Mexicans
and Indians that had been formed against him. On the
4tli of July he was elected governor of California by
the revolutionists, and on the 10th about sunset, he
received the gratifying intelligence, that encouraged
by his success in the interior, Commodore Sloat had
taken Monterey, and that the American flag had been

CONQUKST OF CALIFORNIA COMi'LETED.

159

flying from the fort since the Yth. He immcfliately set
out for the commodore's quarters, with his troops of
160 mounted riflemen, in order to secure the co-opera-
tion of the only branch of the American military service
in force in that quarter of the globe. He reached
Monterey on the 19th of July. It so happened that the
British ship of war Collingwood, of 80 guns, had arrived
about a week after the capture. Had she arrived a
week sooner it is generally conceded that the place
could not have been taken without a contest with her
commander Sir George Seymour, the people of the
place having entered into arrangements with a view of
transferring rheir allegiance to Great Britain. Among
the oflicers of the Collingwood who happened to be at
Monterey and saw Fremont enter the place with his
company, was Lieutenant Frederick Walpole, of the
Collingwood, who has given his impressions of the
spectacle in a very readable book which he published
on his return to England, entitled "Four years in the
Pacific, in her Majesty's Ship ' Collingwood,' from 1844
to 1848."

"During our stay in Monterey," says Mr. Walpole,
" Captain Fremont and liis paity arrived. They naturally
excited curiosity. Here were true trappers, the class
that produced the heroes of Fennimore Cooper's best
works. These men had passed years in the wilds, living
upon their own resources ; they were a curious set. A
vast cloud of dust appeared first, and thence in long file
emerged this wildest wild party. Fremont rode ahead,
a spaie^ active-looking man, with such an eye ! He
was dressed in a blouse and leggings, and wore a felt
hat. After him came five Delawai-e Indians, who were
his body-guard, and have been with him through all his

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160

LIFE AND 8KRVICE9 OF JOHN 0. FRKMONT.

wanderiiiofs ; tlicv had cliar;ro of two Lafrijajire horses.
The reyt, many of them hhickei* than tlie Indians, rode
two and two, the rilie held by one liand across tliepom-
nu'l of the saddle. Thirty-nine of tliem are liis regular
men, the rest are h>afers picked up lately ; his original
men are principally backwoodsmen, from the State of
Tennessee and the banks of the uj>per waters of the
Missouri. He has one or two with him who tMijoy a
liigh I'eputation in tlie prairies. Kit Carson is as well
known there as ' the Duke ' is in Europe. The dress
of these men was principally a long loose coat of deer
skin, tied with thongs in front ; trowsers of the same, of
their own manufacture, which, when wet through, they
take off, scrape well inside with a knife, and put on as
soon as dry ; the saddles were of various fashions, though
these and a large drove of horses, and a brass lield-gun,
were things they had picked up about California. They
are allowed no liquor, tea and sugar only ; this, no
doubt, has much to do w^ith their good conduct ; and
the discipline, too, is very strict. They were marched
up to an open space on the hills near the town, under
some large fires, and there took up their quarters, in
messes of six or seven, in the open air. The Indians lay
beside their leader. One man, a doctor, six feet six
high, was an odd-looking fellow. May I never come
under his hands !"

Contemporaneously with the arrival of Fremont's
party at Monterey, Commodore Stockton entered the
harbor in command of the Frigate Congress. Commo-
dore Sloat, then in command of the Pacific squadron,
who had been greatly embarrassed by the position
he found himself placed in by the capture of ]\ron-
terey, which he had made undm' the impression thnt,

CONQUEST OF CALIFORNIA COMPLETED.

IGl

Fremont's moveinents in the north liad been conducted
under orders from Washington, deterniined, after some
liesitation, to transfer the command of the fleet to Com-
modore Stockton, and return t"> the United States.

The same day that Commodore Stockton took com-
mand of the BC[uadron, he requested Col. Fremont to
organize, and take tlie command, witli tlie rank of
major, of what soon became famous as tlie " California
battalion." The colonel complied with the commo-
dore's request, waiving the rights which he might have
' asserted as the conqueror and liberator of the country, and
at once entered ct)rdially into the plans of the connnodore
for the subjugation of South California, which was in a
state of insurrection. As the most urqjleasant and
momentous personal controversy that Col. Fremont has
ever been engaged in, originated in his acceptance of
this command from Commodore Stockton — and as the
events have been the subject of a protracted judicial
scrutiny, we shall probably discharge our duties most
acceptably as his biographer, by relying for our record
of the events out of which the controversy origiiuited,
and which are spread over the remainder of his sojourn
in California as an American officer, upon official docu-
ments and such public records as give evT'uts in the
most compact and accessible form. With this view, we
submit the following dispatch from Commodore Stock-
ton, which was written in 1848, and gives a very
detailed account of his movements after taking com-
mand of the Pacitic fleet in July, 1846.

In perusing this dispatch, the reader is requested to
note those passages in which the commodore discusses
certain difterences between himself and General Kear-
ney, in regard to their respective powers — differences

:i't-'

1C2

LlFli AND 8KUVICE9 OF JOUN 0. FREMONT.

which resulted in Mr. Fremont's abandoning the army
as a ]H()tt'ssi(»n, the iollowin*]^ year. It should also be
borne in mind, that this dis|)atch is in some sort tlie
commodore's defence of iiimself, inasmucli as he was
necessarily implicated in the guilt of issuing any orders
which it was unlawful for another party to obey.*

- V

REPORT OF COMMODOnE STOCKTON OF HIS OPERATIONS ON THE

COAST OF TUB PACIFIC.f

•' Washington, D. C, February 18, 1848.

"Sir: On my return from California in November last, the
circumstances of the times seemed to i)resent reasons for delay-
ing a full report of my transactions and operations on the coast
of the Pacific.

"The authority under which I had acted was questioned or
denied ; the validity of much that had been done was doubted,
and investigations were on foot in which the propriety of my
proceedings might be brought to the especial notice of the
Executive.

" After a full consideration of the circumstances, to which it is
unnecessary hare further to allude, it appeared to me decorous
and respectful, to withhold, for a brief period, my own views of
the quesiions in which I was to some extent implicated, and to
leave the Executive to learn the details of those transactions

*In a communication addresssed to the court-martial by which Col.
Fremont was subsequently tried for disobeying orders of Gen. Kearney
in conflict with orders he had previously received with a commission,
from Commodore Stoclvton, the commodore, in explaining the testimony
which he had given before the court, remarks: "P'or each and every
of the acts of Lieut. Col. Fremont, performed under my authority and
in obedience to my orders, I cannot but feel that in some form or otlier I
am responsible, if the acts were iu themselves illegal or iu the executioa
of them, criminal."

f From Executive Document No. 1, accompanying the President's
message at the 2nd Session of the Thirtieth Congress, December, 1848.

]

CONQUEST OF CALIFORNIA COMPLETED.

163

from other quarters. The period, however, has now arrived in
wijjch I feel that I can, without the imputation of improper
fooiinj^s or motives, lay before the Executive, in a tanyjible and
ollicial form, a narrative of the occurrences which I dire(!ted in
California; explain the circumstances wihch induced tlie course
which I pursued, the motives by wliich I was guided, the objects
which I designed to accomplish, and thus to put the President
in possession of ample means to form a judgment upon my con-
duct. It appears now to be no longer questioned that I actually
possessed and exen^ised the power of governor of California and
commander-in-cliief of the forces of the United States in that
quarter, and that, whether rightfully or wrongfully, I executed
the duties and administered tlie functions appertaining to these
high offices, for the administration of which I am alone responsi-
ble. The dispatches which were from time to time addressed to
the Department were designed to furnish the government with
accurate information of what transpired; but, under the circum-
stances in which they were prepared, it did not enter into my
purpose to give a general narrative of the entire operations.
Opening a full view of the circumstances which influenced my
judgment in selecting the course which was adopted, and the
policy by which that course was determined, with your permis-
sion I beg leave, at this time, to perform this duty ; the obliga-
tions to do which, at this juncture, seem to me more imperative,
since it appears that in an official communication addressed to
the Department by my successor in command, I am in the most
explicit terms censured for premature as well as injudicious
action. With what of propriety or of professional courtesy this
condemnation has been passed by an officer of equal rank with
myself, without any report or communication to him of what
had 0(!curred, or the reasons by which I was governed, is not so
apparent. Under the instructions from the Department, I
arrived, in command of the United States Frigate Congress, at
the harbor of Monterey, about the middle of July, 1846. The
American flag was there flying. I immediately went on board

(ill I

!i i

ICi

LIFE AND SERVICES OF JOHN C. FliEMONT.

tlie United States frigate Sav..nnah, then lying off that town
and, in conformity with my orders, I reported myself to Com-
modore Sloat as foi'ining part of the Scpiadron then nnder his
command. From him I learned that in the preceiiing month of
June, while l\'in<]f oft' Mazatlan, lie had rec-eived intellii>'(>n(e that
war had commenced between the United States and M^\ico;■
that he had forthwith proceeded to Monterey, landed a force,
and hoisted the flag of the United States without resistance. In
the couise of our interview, Commodore Sloat apprised me of
his intention to return in a short time to the United States,
whereby the comtnand of the squadron would devolve upon jne.
In this position it b 'came my duty to examine into the state of
affairs, and, in view of the responsibility which was about to
rest upon me, to obtain all the information which would enable
nie to exercise a proper judgment as to the ulterior measures to
be pursued. The re.uilt of my inquiries and investigations
showed me that the position I was about to occupy was an
important and critical one. The intelligence of the commence-
ment of hostilities between the two nations, although it had
passed through Mexico, had reached Conmiodore Sloat in advance
of the Mexican authorities. When he made his first hostile demon-
strations, therefore, the enemy, ignorant of the existence of the
war, h.ui regarded his acts as an unwarrantable exercise of power
by the U; ted States, and the most lively indignation and bitter
resentment pervaded the country.

"The public functionaries of the territory were not slow in
availino- themselves of this feelings and endeavored to stimulate
it to the highest possible degree. A proclamation was put forth,
denouncing in the most unmeasured terms all foreigners; but it
was unquestionably aimed pnncii)ally at t!ie citizens of the United
States, and such others as sympathized with them. Two or
thi-ee were, in fact, nmrdered, and all were led to appreliend
extermination from the sano-uinarv feeling of resentment which
was everywhere breathed.

" The local lea-islature was in session. Governor Pio Pico had

CONQUEST OF CALIFORNIA COMPI-ETED.

1G5

assembled a force of about seven hundred or one thousand men,
supplied with, seven pieces of artillery, breathinLj venireance
against the perpetrators of the insult and injury which thtn' sup-
posed to have been inflicted. Tliese hostile demonstrations were
daily increasing, arid by the time that the command devolved
on me by the departure of Commodore Sloat, the situation of
things had assumed a critical and alarming appoarance. P^very
citizen atid friend of the United States tluoughout the territory
vus iu imminent jeopardy ; he coidd count u|x>n no security for
either property or life. It was well known that nutnerous emi-
grants from the United States were on their way to Upper Cali-
fornia, These, marching in small and detached parties, encum-
bered with their wives and children and baggage, uninformed
of the war and conse(]uently unprepared for attack, would have
been exposed to (pertain destruction.

" It was also aseeitained that, in the anticipation of the event-
ful conqu«^st of tlie counti'v by the United States, many of those
in tlie actual })0!^sovssion of authority were prepai'ing for this
change by disposing of the public property, so that it miglit be
found in pi'iviite hands Avhen the Americans should acquire pos-
session, believing that private rights -would be protected and
ijidividual projwrty secure. Negotiations were in actual progi-ess
thus to acquire tlnee tliousand leagues of land, and to dispose of
all the most valuable portions of the territory appertaining to
the missions at nominal prices, so that the conquerors should
find the entire country appi'opriated to individunls, and in hands
which could effectually prevent sales to American citizens, and
thus check the tide of emigration, while little or no benefit
would result to the nation from the acquisition of this valuable
territorv.

"All these considerations, together witli others of inferior
moment, seemed to make prompt and decisive action an impeia-
tive dut3% To I'etain possession merely of a few seaports, wdiile
cut off from all intercourse with the interior, exposed to constant
attack by the concentrated forces of an exasperated enemy,

•It
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166

LIFE AND SERVICES OF JOHN C. FREMONT.

■ I

jipi>oared wliolly useless. Yet to abantlon ground which we
1 «i.l occupied, to withdraw our forces from these points, to yield
places where our flag had been floating in triumph, was an
alternative not to be thought of, except as a last resource. Not
only would all the advantages which had been obtained be thus
abandoned, and perhaps never be regained without great expen-
diture of blood and treasure, but the pride and confidence of the
enemy would be increased to a dangerous extent by such indica-
tions of our weakness and inability to maintain what we had
won.

" Previous to the departure of Commodore Sloat, he had,
at my instance, and upon my representations, placed at my
disposal the United States slonp-of-war Cyane, as well as the
forces on shore. I immediately apprised Captain Fremont, then
of the topographical corps, with whom I had previous communi-
cations, of the position in which I was placed, and that I had
determined upon my plan of ojierations.

*' Captain Fremont and Lieutenant Gillespie, of the marine
corps, had already raised a body of 160 volunteers, prepared to
act according to circumstances. I informed those gentlemen
that if they, together with the men whom they had raised, wo'dd
volunteer to serve under my command so long as I should remain
in California and require their services, that 1 would form them
into a battalion, appointing the former major and the latter cap-
tain. These arrangements were all completed in the course of
the 23d of July, and my letters of that date to Commodore Sloat,
to Commander Du Pont, and Captain Fremont, on the file in
the Department, will have apprised you of my movements.

"It was thus tliat the battalion of California volunteers was
organized, which subsequently, under its gallant officers, took so
patriotic and efficient a part in the military operations in that
territory. It was received into the service of the United States
to aid the navy, as essential as well to the maintenance of the
position we then occupied as to execute the plans which I had
contemplated in the interior.

! :

CONQUEST OF CATJFORNTA COMPLETED.

16T

"A few days subsequently, Commodore Sloat sailed in the
Levant, thus devolving upon me the command of the entire
force, both afloat and on shore. That force then consisted of
the frigates Congress and Savannah, sloops-of-war Portsmouth,
Cyane, and Warren, and the store-ship Erie. The Portsmouth
was at San Francisco, the Congress and Savannah at Monterey,
the Cyane had been sent with the California battalion to San
Diego, the Warren was at Mazatlan, and the Erie at the Sand-
wich Islands. The force to be employed on land consisted of
3G0 mon, furnished from the Congress, provided with about 90
muskets and bayonets, fsome small cannon procured from the
merchant-vessels, and the battalion of volunteers, all indifterently
provided with the appendages of an army.

" Leaving the Savannah at Monterey, for its protection, I
sailed about the first of August, in the Congress, for San Pedro.
This town is situated about 28 miles from Ciudad de los Angeles,
in the vicinity of which the enemy was stated to be. On the
way to San Pedro, we landed at Santa Barbarri, of which we
took possession, and, leaving a small force for its defence, pro-
ceeded to San Pedro, where we nrrived on the 6th of x\.ugust«
Here information was received of the arrival of the Cyane at
San Diego, of the landing of the battalion, and supply of horses.
We immediately commenced the landing of our forces from the
frigate. On the following day two persons arrived representing
themselves to be commissioners sent from General Castro,
authorized to enter into negotiations with me, and bearing a
letter from the general, which is already in possession of the
Department. Before, liowever, they would communicate the
extent of their power or the nature of their instructions, they
made a preliminary demand that the further march of the troops
must be arrested, and that I must not advance beyond the posi-
tion which I then occuj)ied. This proposition was peremptorily
declined. I announced my determination to advance; and the
commissioners returned to their camp without imparting further
the objects of the proposed negotiations.

3|c 4i * 9ic « 4( 4t

\ ■

l^ I'

ICS

LIFE AND SERVICES OF JOHN C. FREMONT.

Having completed all the armngeinents which time and cir-
cumstances permitted, and dispatched a courier to Major
Fiemont, apj>rising him of my movements, we commenced our
march towards the camp of the enemy on the 11th of August.
In the course of the afternoon of that day information reached
us that tlie enemy's force, instead of awaiting our aj>proach, had
dispersed ; that they had buried their guns, and cliat the
governor and general had retreated, as was supposed, towards
Sonora. . We continued our march towards Ciudad de los
Angeles, and on ^he 13th, having been joined by Major Fremont
with about 120 volunteers under his command, we marched
into the city, which we quietly occupied.

" After the dispersenient of the army of tlie enemy, the flight
of tlie general and goveinor-in-chief out of the territory, a
number of the officers of the Mexican army were captured and
made prisoners of war. Among these were Jose Maria Flores,
whose name hereafter will appear prominently, and Don Andres
Pico, brother of Govi^rnor Pio Pico. These officers were released
upon their parole of honor not to bear arms against the United
States pending the war, unless exchanged ; with what of fidelity
they performed this obligation will appear in the sequel. The
people in general came in, tendered their submission to our
authority, and promised allegiance to our government. Every
indication of a hostile force had now disappeared from the
country, tranquillity was restored, and I forthwith determined to
organize a temporary civil government to conduct public afiairs
and to administer justice as in time of peace. Various coa-
siderations prompted to this course. It ap{)eared to me that the
existence of such a novernment, under the authority of the
United States, would leave no pretence upon which it might be
urged that the conquest of the country had not been accon)-
plished. While merely the military power exercised power,
enforcing its authority by martial law, and executing its func-
tions thi'ough the instrumentality of a regular military force,
nothing could be regarded as settled, and opposition to ita

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CONQUEST OF CALIFORNIA COMPLETED.

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power would be considered as a lawful opposition lo a foreign
eiieinv. When, however, tlie whole frame of civil administra-
tion should be organized — courts and judges performing their
accustomed functions — public taxes and imposts regularly col-
lected and appropriated to the ordinary objects and purposes of
government — any opposition might be justly deemed a civil
offence, and the appropriate punishment inflicted in the ordinary
course of administering justice.

"Indeed, the law military appeared to me wliolly inadequate
to the emergency. It could not reach many of the objects over
which a salutary control ought to be exercised. It could not
effectively administer the property or sufficiently guard private
rights. A civil government which should, through its various
functionaries, pervade the entii'e country, exercise a superin-
tendence over all the inhabitants, discover, restrain, and punish,
all acts of insubordination, detect and check all attempts at a
hostile organization, recognize and sanction the possession, use,
and transfer of property, infhct upon criminals the appropriate
punishment, and remedy injuries inflicted upon individuals,
seemed not only an important instrument in the accomplishment
of the objects which I had in view, but essential to the attain-
ment of tlie ends of the government. It appeared to me desir-
able that the actual possession and exercise of power should be
transferred, with the least possible delay, from the military to
civil functionaries.

" Under our institutions the military is regarded as inferior
to the civil authority, and the appropriate duty of the former is
to act as auxiliary to the latter. Such being the general charac-
ter of our institutions, it seemed in the iirst degree desirable
that the inhabitants of the country should, as soon as practicable
become familiar with them, that they might perceive and appre-
ciate their importance and their value, their capacity to main-
tain '-ight and redress wrong, and, in the protection atibrded to
persons and property, to recognize a guarantee of all their indi-
vidual rights. The marked contrast which would thus be

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LIFE AND SEKVICE3 OF JulIN C. FREMONT.

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atrdi'dei] to their former institutions and rulers would roconuile
ti'^ .>io.\i(;Mn portion of tiu? population to the cliancft; ; wliilo tlie
AnuM'ican inliabitanis would grat(.'fully witness an aduiinistni-
tion of law and justice analoi^ous to that to which they had
l)(:(>n ace-ustomc'd at homo. Actuated by such considerations, I
ii'.'fve my immediate attention to the establishment, upon a per-
manent basis, of a civil government throughout the country, as
much in conformity with the former usages of the (-ountry as
could be done in tlie absence of any written code. A tarilF of
duties was fixed, and collectors aj'pointed. Elections were
directed to be held for the various civil magistrates; ^Slajor
Fremont was appointed military commandant of the territory,
and Captain Gillespie militaiy commandant of the southern
dejiartment. 'J'he battalion of volunteers was ordered to be
augmented to tlireo hundred ; and, contemplating soon to leaf o
tlie teri'itory, I deteru)ined on my departure to appoint Major
Fremont Governor of California. He was appi'ised of these
intended arrangements, and instructed to meet me at San Fran-
cisco on tlie 25th of O(!tober, for the purpose of consummating
them. These acts and intentions were olficially communicated
to the Department in my several dispatches,

"This exposition of my operations and acts will, I trust, prove
satisfaotory to the Executive, and be a sutTicient reply to Com-
modore Shubrick's charge of premature action. In a state of
actual war against a foreign enemy, I found myself at the head
of a force and in command of means competent to take and
hold possession of an important part of the hostile territory. I
found that before the command had devolved upon me the flag
of my country had been raised in some parts of California.
Important interests weie involved ; to stop short would have
led to their absolute sacrifice, accompanied by great individual
loss and suftering. No middle course was open to my choice.
The alternative was the subjection of the entire province to our
authority, or its total abandonment. In such a position I could
not hasitate as to the line of duty. Empowered to conduct the

CONQtlKST 01" CA.LIFOUNL\ COMl'LETKD.

171

WHY afaiiist Afcxico ai;i''.or<liiU'' to tlie oxiijoncv of cirininisfance^i
and my own judgniont, [ <letei'inin('(l to support the honor of my
flar; and to promote what I regarded as the best interest of the
nation. Having achieved the conquest of the country, and
iinding my military strength ample to retain it, t!ie establish-
ment of a civil government naturally and necessarily resulted.
The omission to do this would have marred the entire j)laii
and stamped a character of imbecility and instability U[)on the
whole operation. My views of the interests of my country were
decisive; as to the expediency of my measures, the estimate I
entertained of my authority impressed upon them the sanction
of duty. The arrangements having been thus completed, I
determined to leave Calitornia under the administration of the
civil authority, and witli the squadron under my command,
aided by a volunteer corps raised for the purpose, to sail for the
southern part of Mexico, capture Acapulco, and, having secnired
proper positions on the coast, to march into the interior, advamto
towards the city of Mexico, and thus to co-operate with the
anticipated movements of General Taylor, or produce a power-
ful diversion which would materially aid him in his operations.
My dispatches have already put the Department in possession
of these plans.

"About the 2d of September I left Ciudad de los Angeles,
embarked on board the Congress on the 3d, and on the 5ih
sailed for Santa Barbara. Having taken on board the small
detachment which had been landed at this place, we proceedeil
to Monterey, wdiere everything was found tranquil. The people
appeared to be quite satisfied with the state of atl'airs. Informa-
tion was here received leading to the appreh<?nsion that Sutter's
settlement on the Sacramento was threatened with an attack by
a body of one thousand Wah-lah-wahdah Indians. The Savannah
was immediately ordered to San Francisco; Lieutenant Muddox,
of the marine corpse, appointed military commandant of the
middle department, and, other necessary arrangements h<*ving
been madn, I proceeded in the Congress to San Francisco, which

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LlFl-: AND 8EUVICK8 OF JOHN C. FREMONT.

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place I rcacliotl in <i few rlaya. It soon .appeared tliat the reports
in rcjifanJ to the Wali-lah-wah-lah Indians liad been greatly exag-
gor;ii((d. They were not so numerous as had been rej)resented,
had thev any liostile intentions.

AVc deem it proper to interrupt the commodore's nar-
rative at this i)oint, for the purpose of giviii<^ LFpliain''s
fuller and more authentic account of this Wali-hili-wah-
lali insurrection, in the cpiieting of which Col. Fre-
mont dis])layed a degree of judgment and discretion
which Commodore Stockton does not seem to have
liad the means of appreciatin;^. Mr. LF2)ham says : "

"At this time an additional panic arose from the
report of an IndiaJi invasion from the north. It was
said that one thousand Wah-lah-wah-lahs were advanc-
ing to attack Sutter's Fort. The whole country was
aroused, and every element of disposable force was
drawn out to meet the threatened danger. Fremont
had already assembled a body of several hundred west-
ern rillemen towards the completion of his California
battalion, when the news reached liim. lie was quite
conlident that the story was exaggerated ; but it was
necessary to restore security in the northern frontier.
He took three tried men with him, and went directly to
meet the Wah-lah-wah-lahs. lie found them much less
numerous than had been represented, btit assembled in
considerable force, and in a state of the greatest exas-
j)eration. lie went, with his three men, directly into
their midst. One of them knew him, and all gathered
round him to tell their wrongs. They had been robbed,
and one of their best young men killed by the whites.

He promised them redress if they would follow his
advice, lie told them that he was goinj; to the south,

• Upliaiu's Life of Krciiiont, p. 242.

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CONQUEST OF CALnOUNIA COMrLKTKD.

173

and could not attend to them until the spring, but that
lie would then meet them, at a place agreed ui)ou, and
have justice done them, lie advised them, in the mean
tiuie, to go off on a winter hunt — said that he would let
one of his own men go with them, to hold over them tho
United hitates tlag, and that whoever struck that Hag
struck him. They were perfectly subdued by liis talk, and
manner of treating them: at once gave up their plan of
attacking the whites ; and agreed to go oil' on a winter
hunt. They gave him ten of their young braves to go
with him, who proved themselves among the best in his
battalion. In the spring of the year, he met them,
although at a great inconvenience, and gave them of his
own horses imtil they were satisfied. In this way he
not only stopped an Indian war, and recruited his own
ranks, but he taught a lesson which it would be well to
have inculcated upon those who nndertake to grapple
with our Indian difficulties, and enforced upon the
administration of that department of our government."'
The commodore continues :

less
in

About the 30th of September, a courier arrived from Captain
Gillespie, despatched by that officer to convey to me the infor-
mation that an insurrection had broken out at Ciudad do los
Angeles, and that ho was besieged in the government-house at
that place by a largo force. I immediately ordered Capt. Mer-
vine to proceed in the Savannah to San Pedro, for the purpose
of afibrding aid to Captain Gillespie. Major Fremont was at
Sacramento when the news of the insurrection reached him, and,
havinii: formed the determination to march a^-ainst the insur2:ents
with the force he could muster, amounting to about one hundreii
and twenty men, was preparing to move. I sent a request to him
forthwith to join me at San Francisco with his command, and to
bring with him as many saddles as he could procure. While

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23 WEST MAIN STREET

WEBSTER, N.Y. MS80

(716) 872-4503

LIFE AND SERVICES OF JOHN C. I'REMONT.

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awaitinnf the arrival of Major Fremont I detached ofTieers in
various directions for the purpose of procurinir vohinteers to join
the battalion, and eni^aged the merchant-ship Sterling to take
tliem down to Santa Barbara.

"About tlie 12lh of October, Major Fremont arrived at San
Francisco, and immediately embarke-i on board the Sterling,
with about one hundred and sixty volunteers, lie was directed
to proceed to Santa Barbara, there to procure horses to n?arch
to Ciudad de los Angeles, while I, with the Congress, was to sail
to San Pedro, and by that route advance towards the same point.
'J'lie insurgents were represented to be encamped in the neigh-
borliood of that city. Tiie Congress and Sterling sailed in com-
])any iVom San Francisco, but separated the same evening in a
fog. lietween San Francisco and Montei'ey we spoke a mer-
chant-vessel from the latter port, with dispatches from Lieutenant
Maddorc, apprising me that Monterey was threatened with an
attack, and that he was in want of immediate assistance. We
ran into the Bay of Monterey, landed two officers with fifty men
and some ordnance. Having thus strengthened that post, I pro-
ceeded to San Pedro. On my arrival on that place, about the
ii3d of October, I found the Savannah frigate. Captain Mervine
informed me that Captain Gillespie, with the volunteers under
liis command, was on board his vessel, having left Ciudad de los
Angeles, under a capitulation entered into with General Flores,
the leader of the insurrection — one of the Mexican officers who,
having been made prisoner of war, had been released on his
parole.

" Captain Mervine further informed me that, about two weeks
before, he had landed with his sailors and marines for the pur-
pose of marching in conjuntion with Captain Gillespie and his
detachment of volunteers to Ciudad de los Angeles. He had
not carried any artillery with him ; that about twelve miles from
San Pedro he encountered a party of the insurgents with one
piece of artillery ; a battle ensued ; that several charges had been
Made upon tlie insurgents' gun, but it was impossible to capture

CXDNQUIlST of CAI-IFOK'NIA oompletkd.

175

it, a^, wlionever lie approaMictl, tlioy liitclioJ tlioir liorsos to it
aii<l rotroatdi. Ilavinq; sustained a loss of several men killed
and wounded, he retired with his Ibree and le-enibarked.

"Proper arran^^enients liavin<^ been made durin<^ the night, in
the morning we landed a strong force with several pieces of ar-
tillery, once more hoisted the tlag of the Unite<l States at San
Pedro, and formed our camp there. The insurgent force in the
viirinity was supposed to number about eight hundred men. Our
authority was necessarily limited to the portion of territory in
our actual possession or within the range of our guns. The in-
surgents, in the undisturbed occu[)ancy of tlie interior, and
wat(;hful of our every movement, could, at their pleasure,
threaten us with an attack by night or day, and had the precau-
tion to remove beyond our reach every hoise and all the cattle
which might have been available either for food or trans-
portation.

"The roadstead at San Pedro wns also a dangerous position for
men-of-war, being exposed to the storms which at that season of
the year rage with great violence upon t!ie coast.

" This consideration decided me to proceed to San Diego, which,
althoufi-h the entrance was obstructed bv a bar which had never
been passed by a vessel of equal draught of water with the
Congress, might, I hoped, be crossed ; and, if the passage should
prove practicable, would be found a convenient and safe harbor.
AVe did not, however, leave San Pedro until I had been
compelled to relin(|uish all expectation of the co-operation of
Major Fremont from whom I liad not heard a word since wo
parted off San Francisco, nor until the oflicers and men had
become completely exliausted by their incessant duties on shore,
in guarding the camp from attack and pursuing small parfies of
the insurgents who approached us. Having embarked tlu men
belonging to the squadron, and volunteers under Captain (jiillcs-
pie, I sailed for San Diego in the Congress.

"On my arrival off the harbor of San Diego, I received infor-
mation from Lieutenant Minor that the town was besieged by

176

LIFE AND SERVICES OF JOHN C. rREM'>NT.

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the insurgents, that his stock of provisions was small, and that
he was in the want of an additional force. He gave it as his
opinion that ihe Congress might be got over the bar. In alteinpt-
ing this, however, the ship struck, and her position was so dan-
gcious that we were compelled to return to the anchorage out-
side.

"On the following day the Malek Adhei, a prize to the United
Slates ship Warren, arrived from Monterey with dispatches from
Lieutenant-Colonel Fremont. I thus received information from
that officer tliat on liis way to Santa Barbara lie met the
merchant-ship Vandalia, from San Pedro, by whom he was in-
formed of the state of afiairs at the South ; that it would be
impossible for liim to procure horses at Santa Barbara, in conse-
quence of which he had proceeded to Monterey, and would
employ all diligence in preparing his force to march for Ciudad
de los Ano'eles.

" Lieutenant Minor was directed to send the ship Stonington,
then lying in the harbor of San Diego, with as many volunteers
as could be spared, to Ensanado, about ninety miles below San
l>iego, for the purpose of procuring animals, which he was in-
structed to have driven into San Diego. AVithout a supply of
liorses and beeves, it was not prudent to commence our march.
Captain Mervine was dispatched in the Savannah to Monterey,
to aid Lieutenant-Colonel Fremont in his preparations to march,
and, having myself gone to San Pedro, returned with all conve-
nient speed to San Diogo.

•' About thirty or forty miles from that place, our progress was
arrested by a calm. My anxiety on account of Lieutenant-Colo-
nel Fremont, and my desire to go to his assistance was so great,
thaL a boat was immediately dispatched with Lieutenant Tilgh-
man, the bearer of a communication addressed to Lieutenant
George Minor, in command at San Diego, apprising that officer
that on my arrival I would be ready to take the field in person,
and with an additional force of two h mdred and fiftv men from
the ship, to take up the line of march for Ciudad do los Angeles.

CONQUEST OF CALTi'OKNIA COMPLK'IKD

177

-lieutenant Minor was directed to arrange with Lieutenant
Tilghnian, the comnnanding otlicer of iho artillery, and Mr.
Southwick, commanding officer of the cngineorr*, to have the
liorses necessary for the transportation of the guns and ammuni-
tion.

"Notwitlistanding my first unsuccessful attempt to get into
tlie harbor of San Diego, it was an object of too great impor-
tance to be abandoned, unless from the absolute impossibility of
efl'ecting it. The bar and channel were again, on my return*
examined and buoyed, and a second attempt made. After cross-
ing the bar, the sliip grounded, and in such a situation that it
became expedient to prepare her spars to shore her up, to pre-
vent her from tumbling over. While thus occupied, the insur-
gents commenced an attack upon the town, and, notwithstanding
the perilous condition of the frigate, and the necessity of employ-
ing the crew in extricating her from her position, a portion of
them was simultaneously engaged in landing from the ship, in
boats, to take part in the fight. In executing my orders in
reference to those two distinct objects at the same time, the con-
duct of the officers and men under my command was such as to
command my warmest commendation. Everything was per-
formed with the regularity and order of the ordinary duties of
the vessel. Having accomplished a landing cf the men from the
ship, the attack of the insurgents was successfully repelled by
the combined force under the command of Lieutenant Minor and
Captain Gillespie.

"The situation of the pLace w is found to be most miserable
and deplorable. The male inhabitants had abandoned the town,
leaving their women and children dejiendent upon us for protec-
tion and food. No horses could be obtained to assist in tlie
transportation of the guns and ammunition, and not a beef
could be had to supply the necessary food; some supplies of pro-
visions were furnished from the ship. The expedition to the
southward for animals, under the command of Ca])tain Gibson,

178

LTFK AND SKUVICKS OF JOHN 0. FREMONT.

'lis.

of Uio battalion, liad succocdcd in driving about ninety horses,
and two luindrod head of beef-cattlo into the garrison.

" The liorsos wore, however, iniich worn down, and it was sup-
posed a furtniglit's rest would be required befoi'c thoy would bo
lit for service. During the time required for resting the iiorses,
we were actively employed in the construction of a fort, for the
more complete protection of the town, mounting guns, and in
making the necessary harness, saddles, and bridles. While the
work of preparation necessary for our march to meet Ueutenant-
(^olonel Fremont at Ciudad de los Angeles was thus going on,
we sent an Indian to ascertain where the principal force of the
insurgents was encamped. He returned with information tliat a
body of them, about fifty strong, was encamped at San Ber-
nardo, about thirty mijf^s from San Diego. Captain Gillespie
was immediately ordered to have as many men as he could
mount, with a piece of artillery, ready to march, for the purpose
of sur])rising the insurgents in their camp. Another expe Mtion,
under tlie command of Captain Ilenslcy, of the battalion, was
sent to the southward for animals, who, after performing the
most arduous service, returned with five hundred head of cattle,
and one hundred and forty horses and mules. About the 3d of
December, two deserters fi'om the insurgents, whose families
lived in San Diego, came into the place, and reported themselves
to Lieutenant Minor, the commander of the troops. On receiv-
ing infoimation of the fact, I repaired to Lieutenant Minor's
quarters, with my aid-de-camp. Lieutenant Gray, for the purpose
of examinino- one of these men. Wliile enijaired in tl'.is exami-
nation, a messenger arri\'ed with a letter from General Kearney,
of the United States army, apprising me of his approacli, and
expressing a wish that I would open a communication with him,
and infoini him of the state of atiairs in California.

" Captain Gillespie was immediately ordered to proceed to
General Kearney's camp, with the force wliich he had been
directed to have in readiness, carrying a letter which I wrote to

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CONQUEST OF CALIFORNIA COMrLETED.

179

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General Kearney. Captain Gillespie left San Diego at about
half-past seven o'clock the same evening, taking with him one
of the deserters to act as a guide in conducting General Kearney
to the camp of the insurgents. The force which accompanied
Capt-xin Gillespie consisted of a company of volunteers, composed
of Acting Lieutenant Beale, Passed Midshipman Duncan, ten
carbineers from the Congress, Captain Gibson, and twenty-five
of the California battalion. Mr. Stokes, who was the bearer of
the letter from General Kearney, was also of the company. In
the eveninfr of December 0th, Mr. Stokes returned to San Dieiro,
to inform me that General Kearney, on the morning of that day,
had attempted to surprise the insurgents, under the command of
Captain Andres Pico, in their camp at San Pasqual ; that he
had been worsted in the action whi('h ensued, but to what extent
he was unable to say, as he had left the field before the battle
was concluded. lie, however, was under the impression that
General Kearney had lost a number of men, killed and
wounded.

" The following morning. Lieutenant Godey, of the California
battalion, with two men, came into San Diego with a letter from
Captain Turner, of the dragoons, informing me that General
Kearney had had a fidit with a considerable bodv of the Mexi-
cans; that he had about eighteen killed, and fourteen or fifteen
wounded ; and suggesting the propriety of dispatching, without
delay, a considerable force to his assistance. Preparations were
immediately made to dispatch a detachment for this purpos*.
Captain Turner had not mentioned the strength on either side,
and Lieutenant Godey was not able to inform me. From the
information, however, I deemed it advisable to proceed in per-
son, with all the force that could be spared from the garrison, to
form a junct'on with him. Two days' provisions were ordered
to be prepared, and the advance, with two field-pieces, under
Acting Lieutenant Guest, was directed to march forthwith to the
mission of San Diego, where it was my intention to join it with
the rest of the force the next morning. Before, however, the

J 80

MFR AND tJEKVlCEH OK JOHN C. FREMONT.

.irlv.im'c had moved, an Indian caino in from fioneral Kearney.
From the information ho gave, I jndijed that the necessity for
ijnmediatc assistance was mnch rnorc nri^cnt than had heen pre-
viously supposed. Anticii)atini; great dilliculty and delay from
the want of animals to drag the artillery, siiould I march with
my entire force, and believing, from the representations now
made, that the force of the Californians was less than had been
supposed, and conseqnenlly, that .1 portion of my command
would be sufficient for the purpose, I determined not to move in
jierson, but to send on, as rapidly as possible, an effective body
of men. About te : o'clock at night, A'^ting Lieutenant Beale,
of the Congress, arrived from Generjil Kearney's camp, and con-
firmed the worst accounts we had received, and the importance
of prompt assistance. The advanced body, increased to the
number of 215 men, was placed under the command of Lieute-
nant Cray, my aid-decamp, with orders to proceed directly to
the camp of General Kearney. The order was successfully per-
formed, and Lieutenant Gray having accomplished it, returned
to San Diogo, accompanied by the general. On their arrival,
General Kearney, his officers and men, wore received by all the
garrison in the kindest and most respectful manner. So far as
mv observation extended, no civility or attention was omitted.
Having sent with Gaptain Gillespie every liorse that was fit for
use to General Kearney, I was without one for my own accommo-
datic.i. I was therefore compelled, on foot, to advance and
receive the general, whom I conducted to my own quarters,
until others more agreeable to him could be prepared. The
arrival of General Kearney was to me a source of gratification,
although it was jny decided opinion — which as yet I have seen
no reason to change — that, under the circumstances that existed,
I was entitled to retain the position in which I was placed of
commander-in-chief; yet, in consideration of liis high standing
in the army, his long axperience as a soldier, the importance of
military science and skill in the movements that were to be
made in the interior of the country, I immediately determined

ed.

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CONQUEST Ob' CALIFOHNIA COMl'LKTLD.

181

to yield all personal feelings of ambition, and to place in his
hands the puj)i'eni(! aniliorily. In accordance with this determi-
nation, I tendered to (Jeneral Kearney the position of comman-
der-in-chief, and olVered to accompany him as his aid.

"This j)roposition was o!\ more than one occasion renewed,
and with all sincerity and singleness of purpose. The responsi-
bility of moving from San l>iego, and leaving the safety of the
ships, deprived of so large and etHcient a portion of their crews,
was of itself a momentous one. This, however, in the discharge
of duty, I felt no inclination to shrink from. But the fate of
the territory itself might depend upon tlie issue of a battle to
be fought on shore against an army organized to en(;ounter us.
The nature of the service and the imj)ortance of the stake, it
seemed to me, appertained rather to a general in the army than
a captain in the navy. Whatever ambition I might feel for dis-
tinction, either on my account or on that of the gallant officers
and men under my command, was voluntarily and deliberately
oftered as a sacrifice to a paramount sense of duty. The offers
thus made were, however, on every occasion distinctly and pos-
itively declined by Gejieral Kearney, wlio, on his side, otfored to
accompany me in the capacity of my aid, and tendered to afford
me the aid of his liead and hand.

" A day or two after his arrival at San Diego, General Kearney
removed from my quarters to others which at his instance had
been provided for liis accommodation. Before leaving, however,
he handed me his instructions from the War Department. On
reading them, I came to the conclusion that he had submitted
them to my perusal to afford me the gratification of perceiving
how entirely I had anticipated the views of the government in
the measures which I liad adopted. In return, I exhibited some
of my own dispatches to the Department. Subsequently, and
before leavinof San Diec'o, General Kearney mentioned the sub-
ject of his instructions from the War Department, and seemed
to intimate that he ought of right to be the governor of the
territory. His language, however, though perhaps sufficiently

1.S2

I.I1*K AND bMRVlCKfl OF JOHN (\ FIIKMONT.

o\|tlicil, Nviis not very intrllitciMo to iiic, as I was at a loss <o
it.'cuiicilc llif assoilion orsiuli a claim of riy;lit with Iiis rcpcitrj
rrfiisal to accept tli<> ofi'cr, wliicli 1 had nioro than once w.uUt to
him, to (|t'\»)lvc njion him tho supreme c«>mman<l in the terri-
tory. Tlic sui'ject, however, was discussed lu'tween us without
any interrnj)tion ol' that liarmony wliich liad commeiicod on our
first in 1 1' r view.

''A few days before I oxpcclod to take up iho lino of march, I
addressed a nt)(o to the i;onoral, oxpressini; a wish that ho
woidd accompany me. In his reply ho repeated tho lani^naefo
wliich he ha<l heforc employed — that ho ^vouId so accompany
me, ;iiid all'oid me the aid of his head and liand. Acconlin<i;Iy,
on the morniiii;' of onr departuro ho aj>peared upon tho ground.
After tho troops Jiail 'loen j)araded, and wero nearly ready to
coinmencc tho march, as I was about to mount my horse, Gen-
eral Kearney api>roa<'liod mo and iiupiirod who was to command
tho troops, I replied, Lieutenant Kowan was to have tho com-
mand. On ids e.\pressin<; a wisli that lie should himself com-
mand them, 1 replied, that lie .sliould have tho command. 'J'ho
<litl"erent ollicers were at once convened, and informed that Gon-
eial Kearney had volunteered to command the troops, and that
1 had given him the apjiointment, reservini;- my own jx)sition as
commander-in-chief. This arranirement havinof been made, we
proceeded on tho march.

"On the mornino: of the dav we marched into Ciudad de loa
Angeles, General Kearney came to me with Mr. South wick, who
was actinof as engineer', to ascertain from mo bv what rojvd I
intended to enter tho city, lie requested Mr. Southwick to
mark on the sand the position of the city, and the ditlerent loads
leading into it. I selected the plainest and broadest road, lead-
inc: into the main street of the city ; and when we marched into
the city, I led the way with the advance-guard. My position as
commander-in-chief was again distinctly recognized in a letter

rONQUrST OF CAUKOKNIA CDMrLHTKl).

183

le loa

who

Jvd I

Ik to

loads

|o:ul-

iulo

ill as

itter

of Jatiiiarv l-T, ailiIr<->-^i'(l to iik; bv ^Jciicial ICcarncv, an Gov-
enior of' da/ij'di'niit, roniiiKiiii/hnf ('nitiil Slofcs /'nrrcs.

A ("W «lavs alMT wv had taken (/'iiidail dt; los Ain't-lfs, Lieut.
CVdoiM'l I''rt'Mi<iiit arrived wiili his part of the hattalion.

" With the linn convictitiiis which «'\i,stii| u|m»ii my mind as
to mv ri'dits and authority as commandcr-in-chiet" and llio ohli-
pjations which all olliccrs and mtMi under n»y cnmmand wore
iindtT to oIk'v implicitly all my orders, I should not only liavo
ftdt it to l)»' my rii^ht, hut a mattor of im]>erativu <luty, to assert
and maintain my authority, if necessary, l»y a resort to force. I
cotitimied this exercise of tlie jiower of cotnmaiider-in-chief
without its iiavinix Ix-eii deided or (juestioiied hy atiy |»erson, as
far as I was informed, up to the IGth of January, when 1 received
a letter of that date from (leneral Kearney, wdiicdi is now on
file in tiie Department, in which he demands that I will ceaso
all further proceedini^s relating to the formation of a civil gov-
erninent lor tlie territory. In my reply of the same date to that
letter (which, I think, is also on iile in the Department), I sus-
pended (Jeneral Kearney from his volunteer command under
me, when he again became lirieadier-CJenoral Kearney, over
whom I never attempted or desired to have any command or
control.

" I exercised no authority in the territory after I left San
Diego, except that which was induced by the leceipt of a letter
from l.ieutenant-Colonel Cook, informing me that lie had
received information tliat a French schooner had been landinix
some guns on the Southern coast, and that General Bustamento,
with 1,500 Mexicans, was ap])roaching tlie territory. I wrote to
Lieutenant-Colonel C3ok that I would go in search of them as
soon as ])ossible. I ^vent down the coast 120 miles, landed and
mounted some of my men, and went in pursuit. It tui'ued out
to be a false alarm. After jierlbrnnng this last service in Cali-
fornia, I returned, via San Diego and Monterey, to San Fran-
cisco, where I gave up the comniaud of the frigate Congress,

I 'i

184

L!FK AND 8KRVICKS OK JOHN 0. FRKMONT.

and rotiirnod to llie Kiiilod Stritos bv way of tlio Uockv Moun-
tains.

" 'Die Caliloriiia l)attnIion (Fromoiit's) was oi-f^aiiizod under
my own jicrson-'d direction and atitliority, nn<I(}r a special (;ondi-
tion that it sli<»nld act under n)V orders as lnn<j: as I mii;lit
remain in Califortda and require its services. It was paid \*y
mv orders, as loui; as I had anvtiiin<r to pav with. Tlie oflicers
derived their appointments exchisively from me. It was never,
in any form or njanner, mustered into the service of tlio United
States as a part of the army or conncctotl with it. It was exclu-
sively and essentiidly a navy organization. The battalion was
entirely comj)Osed of volunteers, organized under my authority,
but with their own free consent, according to the terms of a dis-
tinct and specific agreement to obey mv orders and to servo
while 1 shouhl require their services. These men were not of
that kind of prrsonnel whicii sometimes composes regular armies :
tliey were principally free American citizens who liad settled in
California; they were men of respectability, of influence, and
of property ; they were no ordinary men, because, when told
that I had offered them as pay ^en dollars a month, they said
that they would not accept that pay — that it would not pay
their expenses — but that they would volunteer to serve under
my command without compensation.

"This was the origin, character, and position of the battalion
wlien engaged, in co-operation with the squadron under my
command, in accomplishing the objects which I had in view.

" Such was the posture of things wlien General Kearney arrived
in California, and wlien he joined mo in San Diego. lie
brought with him a very inconsiderable force, wliolly insuffi-
cient of itself to a(;complish the important objects of trantpiilizing
the province and subjecting it to the authority of the Union, by
the suppression of the iusurroction which had been organized for
the purpose of recovering the positions we occujded, overthrowing
tlie government we had organized, and expelling us from the

CONQUEST OF CALIFORNIA COMPLETED.

185

Moun-

uikUt

niiijlit

iiiitl l»y

(•fticers

^ never,

United

R exc-lu-

ion was

ithority,

)f a clis-

to servo
not of

armies :

cttled in

ice, and

lien told
ley said
not pay
under

attalion
der my
iew.

V arrived
tnro. He
y insuffi-
^uilizino;
nion, by
mized for
throwinf^
from the

country, if, indeed, it bad proved itself able to defend itself
without our aid. * ♦ * ♦ •

"The battalion was never jilaccd unilcr tbo comtnand of
(teneral Kearney l)y ?ne, and was not suiijccted to bis orders.
Tf still remained in iiiiincdiato subordinatiot) to me ami to my
autliority. Uj) to the period last mentioned, — viz.: tlio date of
our occupation of C'iudad de los Anpfoles, the only authority
which General Kearney liad exercised, while ho accompanied
me, was simply th.'it authority Avhich lio liad asked mo to givo
him, and wliich ho had voluntarily accepted at my liands.

"No one has ever pretended — T certainly never claimed —
that I possessed any right or authority to command (Jeneral
Kearney as such. All tlio power which I ever claimed or
exercised over him was derived from liis volunteering to aid me
and to act under my orders. This connection, being purely one
created by mutual consent, was, at any time, dissoluble at the
will of either of the parties. As I could not originally have
compelled General Kearney to assume the position he held,
neither had T any authority to detain him in it one moment
against his inclination. He might, at any time, have laid down
his character as a volunteer under me, and resumed his official
rank and rights as brigadier-general in the army of the United
States.

"In his capacity of brigadier-general, however, he had no
authority to command me or any portion of my force. I was as
independent of liim as he confessedly was of me. If the force
wliich I had brougiit ashore from the squadron constituted a
poition of the navy — if the California battalion, wliich I had
raised and organized, was ever i-ightfully subject to my orders —
both were as independent of General Kearney, or any other
officer of the army, as I myself was.

" Xor have I ever questioned, much less denied, the authority
of General Kearney to assume command over and give his orders to
Lieutenant-Colonel Fremont. lie might, at any time, without
my controverting his power, have directed Lieutenant-Colonel

|! ii

II ^

.'l '

, 1 1 1.

' ft I

186 LIFE AND SKRVICKS OF JOUN C. FREMONT.

Fremont to leave my command, to terminate his connection
with Mie as a vohinteer under my command, and to report to
him for orders. "With any such exercise of authority I should
never have interfered; wliether i-ightfuUy or wrongfully exercised
was not fur me to judge. That was a matter dependent upon
the relative rights and duties of the parties themselves, as fixed
by the milit^iry law, and to be decided by military authority.

I did, howe/er, and do still, deny that General Kearney, while
occupying the position of volunteer under my command, had
any authoriiy whatever, as brigadier-general, over any portion
of the forces sej'vinfj under me. I deny that after the character
of volunteer was laid do\v:i, and that of brigadier-general
resumed, lie had, as such, any authorit}', nor could the Secretary
of War give him any such authority over any portion of the
force which I had organized. Whatever authority he might
lawfully exercise over Lieutenant-Colonel Fremont personally, I
deny that it reached to the battalion organized under mo and
by me placed under the command of that officer. And, finally,
I deny that Ge 'iral Kearney could rightfully control me in my
conduct as governor of California, more especially after having
explicitly refused to accept the supreme authority when volun-
tarily tendered to him.

'* I have the honor to be, faithfully,

" Your obedient servant,

" R. F. SrocKTOJf.
"To the Hon. John Y. Mason,

''' Secretary of the Navy, Washington^ D. C."

All that remains to be told of the conquest of Cali-
fornia by Col. Fremont, is given ^vitll sutHcient minute-
ness in the following extract from Air. Upham's
memoir :

'■'■ On tlie 2Ttli of December, the battalion entered
without resistance the town of Santa Barbara, where it
renuuned recruiting until the 3d of January, 18-17. On

\ ;

CONQinCST OF CALIFORNfA COMPLETED.

187

Cali-

nute-

liam's

Itered
lero it
On

the mil of Jaiuiiiry, wliile pnrsuinf:^ their inarch, they
were met by two Calit'oriiiuns, riding in great haste,
barelieaded, who inlbrnied them that the American
forces, under Commodore Stockton, liad retaken Los
Angeles, after a vict<. nous engagement with the insur-
gent forces. The enemy's force was understood to be
in the vicinity, and the next day two California officers
came into camp to treat for peace. After full consulta-
tion, articles were agreed upon on the 13th of January,
1847. They stipulated that all California should deli-
ver up their arms, return peaceably to their homes, not
takr up arms again during the war between the United
StiUes and Mexico, and assist and aid in keeping the
country in a state of peace and iranquillity. Any Cali-
fornian or citizen of Mexico, \vho might desire to do so,
was permitted to leave the country, and none bo
required to take the oath of allegiance to the United
States, until a treaty of peace should be signed and
made between the United States and Mexico. The
articles of capitulation were signed by officers duly
commissioned for the purpose, and approved by 'J. C.
Fremont", Lieutenant-Colonel U. S. Army, and Military
Commandant of California, and Andres Pico, Connnan-
dant of Squadron and Chief of the National forces of
California.'

" This was the ' Capitulation of Couenga.' It termi-
nated the war so far as California was concerned. No
hostile arm was ever again lifted, except in the ordinary
form of local Lidian outbreaks, within the limits of that
State, against the authority of the United States. It
secured reconciliation as well as peace. It is in evi-
dence, on the records of the government, that tlie final
conquest of California could not have been accomplished

•!

ISi

1 :|

188

LIFE AND SERVICES OF JOHN C. FKEMONT.

by any force then on the Pacific coast, without the aid
of the California battali'^ .; and that, had it not been
rvmsunimated 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 move-
ments, and he conquered their hearts by the good con-
duct of his men, and the moderation and clemency of
his policy."

In a dispatch from General Kearney, to the "War De-
partment at Washington, dated Ciudad de los Angeles,
January, l-itli, 18i7, he says :

"This morning, Lieutenant-Colonel Fremont, of the regiment
of mounted rillemen, reached here with four hundred volunteers
from the Sacramento ; the enemy capituhiteJ with him yester-
day, 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."

ill-:

I:'

8T0CKT0N AND KEAKNEY.

189

the aid
ot been
bloody,
ly liuve
. The
Id have
id even
parties
. where
•men ted
ms and
; move-
jd con-
mcy of

^ar De-

Lngeles,

egiment

)lunteers

yester-

ins, and

s in this

CHAPTER IX.

ORIGIN OF THE CONTROVERSY BETWEEN COLONEL FREMONT

AND GENERAL KEARNEY IS ORDERED BY GENERAL

KEARNEY NOT TO RE-ORGANIZE THE CALIFORNIA BAT-
TALION III3 REPLY GENERAL KEARNEY CLAIMS THE

COMMAND OF THE CALIB^ORNIAN ARMY — COMMODORE
STOCKTON REFUSES TO YIELD IT THEIR CORRESPON-
DENCE NEW INSTRUCTIONS FROM WASHINGTON KEARNEY

TAKES THE COMMAND FREMONT IS ORDiaiED HOME

HOSTILE CORRESPONDENCE WITH COL. MASON ARRESTED

AT FORI' LEAVENWORTH INVITED TO A PUBLIC DINNER

AT ST. LOUIS LETTER DECLINING THE INVITATION

ARRIVES AT W^ASHINGTON.

The differences between General Kearnev and Conimo-
dore Stockton, alluded to in the foregoing disptitcli, origui-
ated primarily in the indetinitcness of the instructions
which were issued from the seat of government. Those
addressed to the naval commanders on the Paciiic, in their
judgment justified the organization of a military force and
a civil government in California, and under those instruc-
tions Commodore Stockton autlioi'ized Fremont to organ-
ize 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-

ill

190

LTFK AND SKUVICES OF JOHN C. FRKMONT.

■

■1'

] I

! ;

■ 1

■;h

■ I

(

1 ii

mcnt for Calitoniiu ;iiul invested Fremont witli tlic tillo
and res]")onsil>ilities of Govenioi*.

As Boon as tluso rosulti were consiunniated, Kit
Carson wa.s sent with an escort of liftecn men to bear
tiie intelliiireneo overland to Wasliinujton, as soon as
})ossil)Ie. Just as he liad crossed the desert and was
approaching the American frontier, lie was met by
General Kearney with a small force of draii:oons march-
ing westward, nnder instructio!is from his gcn'ernment
to conquer California and organize a civil government
in the territory, a work which had already been success-
fully accomplished.

Upon learning what had occurred, Kearney insisted
upon Carson's returning with him as his guide to
California, having forwarded the dispatches to Wash-
iiiii'ton by another messemxer 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 dis-
patch. The i)rocess bj which Colonel Fremont became
involved in this controversy is obvious, lie held a
commission in the army as lieutenant of topograi)hical
engineers, and as such was primarily subject to the
orders of his superior general officer of the army, lie
had since yielded to the exigencies of the occasion, and
from motives and for reasons which cannot be impeach-
ed, waived any privileges he might have claimed, a^i the
real conqueror of North California, and in point of rank,
the superior representative of the army on the Pacific
coasi, and with his uru, yolunteered to serve under
Commodore Stockton in the farther prosecution of tlio
war in Souih California, the subiu2:Jition of which could

STOCKTON AND KEARNEY.

191

ic titlo

(1, Kit
() boar
Doii as

net by
iii:\rch-
rnniciit
rimuMit
ucccss-

iiisisted
lidc to
Wash-
lectioii.
capital
niiient,
nodorc
8 dis-
ecaiiKj
lield JL
pliical
to the
lie
•n, and
peach-
a^i the
t' rank,
*acitic
under
of the
could

not be so succcssfuilv eflected witb.out tlic aid of a tloet.
, By accoptin*^ the <2;oveniorship of California, a vacancy
liad been created in tlic command of tlie C/alifornia
battalion and otlier cbanf^cs liad become necessary.
Tlic first intimation wbicb Colonel Fremont received of
General Kearney's intention to test tbc validity of Com-
modore Stockton's acts through him, was conveyed in
the following note.

" IlEADQOARTBnS, AHMT OF THE WeST, 1

" CiCDAD DE LOS AsoKLF.9, January 16, 1847. J

" By direction of Brigadier General Kearney, I send you a
copy of a connnuni(,'ation to him from the Secretary of War,
dated June 18, 1840, 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 oflicers
appointed in it, whhout 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 ob3y Commodore Stockton,
and so far as his decision would go, sustain the
validity of those proceedings which he believed to
be bo^h legal and patriotic. If he took the former
course he incurred the liability to be arraigned and, in
liis iudi»:ment, iustlv dism'aced for disobevinsj an officer
whoso rank and authority he hi.d deliberately recogniz-
ed ; and he further incurred the charge of base ingrati-
tude towards an officer whose courtesy and confidence

' y\

( I

l| I: il

I i*i 1

' 3

102 LIFE AND 6ERVICK8 OF JOHN C. FREMONT.

he had shared, whose conduct he had approved, and
who unex2)ectcdly found liimself in a situation to need
the support of his friends. Fremont was incapable of
deserting either a friend or what Jie deemed liis post of
duty; he accordingly addressed to General Kearney
the following reply on the following day :

COL. FREMONT TO GENERAL KEARNEY.

"CiCDAD DB L08 Angelrs, Jan. 17, 1847.

" Sni : I li.'ive the honor to be in receipt of your favor of hist
night, in which I am directed to suspend the execution of orders
which, in iny capacity of military commandant of this territory,
I had received from Commodore Stockton, governor and com-
mander-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 gov-
ernor, 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
davs ince, Coinmodore Stockton still exercisins: the functions
of civil and military governor, with the same appparent deference
to his rank on the part of all officers (including yourself), as ho
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 p;i,rt,
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

STOCKTON AND KEARNEY.

vcd, and
1 to need
ipabl^ of
is post of
Iveiu-ney

Jan. IT, 18-17.
favor of last
Aon of orders
this territory,
lor and com-
an early bour
te allowed for

,f tlie country,
and civil gov-
tliereafter I
nmandant, the
lave continued

three or four
the functions
arcnt deference
yourself), as ho
,u July last,
b on the inarch
ered upon, and
on your part,

)ur professional
until you and
the question of

rank, whero I respectfully think the difficulty belongs, I shall have
to report and receive orders, as heretofore, from the commo-
dore.

" With considerations of high regard, I a.n, sir, your obedi

ent servant,

"J. C. Fremont,

^^ Lieutenant- ColoKtl, U. S. Army ^ and Military

" Commandant of the Territory of Ccliforniay

*' Brigadier-General S. W. Kearney,

» U. S. Army."

Tlie same day that General K.arney addressed the
note above quoted, to Mr. Fremont, a yet more seriona
correspondence commenced between him and Commo-
dore Stockton. We give it at length with the intro-
ductory remarks of Commodore Stockton's biographer,
who evidently wrote under the eye and approval of the
commodore :

" Fremont throughout the California war, was strictly and
technically in the naval service, under Commodore Stockton.
He had taken service under him with an express agreement that
he would continue subject to his orders as long as he continued
in command in Callifornia. This engagement both he and
Captain Gillespie had entered into from patriotic motives, and
to render the most efficient service to the country. He visited
California originally upon topographical, and not on military
duty. His volunteering under Stockton on special service, was
a patriotic impulse, in complying with which the government
were in honor bound to sustain him. He therefore, very^ro-
perly refused to violate his agreement with Stockton, and unite
with Kearney against hira.

" Having failed to compel Fremont to acknowledge his autho-
rity, the general addressed himself to the commodore and
demanded that he should abdicate the comrap"d-ln-chief.

l!U

lAFK AM> 8KRVICES OF .TOnN C. FKOIcmT.

"Tlio coniinodoro considoriug tlie subjugation of Califoniia
coinploie, and lliat no further hostilities were likely to take
j»l<'U'0, was ol' opitiiou that he might now reliiujuish his governor-
ship, and coniniand-in-ehief, and return to his ships. J>ut, hav-
ing intbrmed the government that upon that event he intended
to appoint Colonel Fremont governor, he now proceeded to
carry that design into execMition.

"(jieneral Kearney, learning this to be the purpose of tlie
commodore, and desirous of exercisinix tlio functions of irovernor
himself, addressed to liim tlie following letter, wiiich, with the
ensuing correspondence, will apprise the reader of the true rela-
tions of the parties better than we could state them.

GENERAL KEARNEY TO COMMODOKE STOCKTON.

Ei 'If I

I 1

" IIhadquarters, Arvt ok thk Wust, »

"CiUDAD DK LOS Anqki.ss, January 16, 1847. J

" Sir : I am informed tliat you are now engaged in organ-
izing a civil government, and appointing olficers for it in this
territory. As this duty has been specially assigned to myself, by
orders of the President of the United States, conveyed in letters
to me from the Secretary of War, of June 3, 8, and 18, 1846 ;
the original of whigh I gave to you on the 12th, and which you
returned to me on tlie 13th, and copies of which I furnished
you with on the 26tli December, I have to ask if you have
any authority from the President, from the Secretary of the
Navv, or from anv other channel of the President, to form such
government and make such appointments.

" If you liave such authority, and will show it to me or
furnish me with a certitied copy of it, T will cheerfully ac-
quiesce in what you are doing. If you have not such autho-
rity, I then demand that you cease all further proceedings
relating to the formation of a civil government for this terri-

STOCKTON AND KKARNKY.

195

ilfornia
o take
vernor-
»t, l»fiv-
itcndcd
iiled to

3 of tV.e
fovcrnor
•vith tlio
rue rela-

in organ-
it in this
hnyself, by
in letters
18, 1846;
which you
furnished
you have
ry of the
form such

to me or
perfully ac-
iuch autho-

)voceeding3
this terri-

torv, ns I cannot rocojrnize in you any riii;lit in assuming to
perform duties confided to me by the President.
"Very respectfully your obedient servant,

" S. \V. Kkahney,
" Driyadier-General^ United States Army.

"Commodore R. F. Stockton, Acting Governor of California."

COMMODORE STOCKTON TO ORNKRAL KEARNEV.

" IlRADQnARTBRS, CiUDAD DB L09 Anoklks, Jan. 16, 184T.

" Sir : In answer to your note received this afternoon, 1
need say but little more than that which T communicated to you
in a conversation at San Diog-o — that California was conquered,
and a civil government put into successful operation, that a copy
of the laws made by me for the government of the territory^
and the names of the officers selected to see them fuithfully exe-
cuted, were transmitted to the President of tlie United States
before you arrived in the territory.

" I will only add, that I cannot do anything nor desist from
doing anytliing on your demand, wliich I will submit to the
President and ask for your recall. In the meantime you will
consider yourself suspended from the command of the United
States forces in this place.

" Faithfully, your obedient servant,

" R. F. Stockton,
" Commander-in-chief.

" To Brevet Brigadier-General S. W. Kearney."

general KEARNEY TO COMMODORE STOCKTON.

•' IIkadquartkrh, Armt of thr Wbbt, I

ClDDAD DE LOS Akobles, Jdll. 17, 1847. f

"Sir: In my communication to you of yesterday's date 1
stated that I had learned that you were engaged in organizing

nil

i .

. I

196

IJKK AND SERVI0K8 OF JOHN 0. FREMONT.

a civil jrovernment for California. I referred you to tlie Presi-
dent's instructions to nio (tiio original of which you have seen)
and copies of which I furnished you, to perform that duty, and
I added that if you had any authority from the President, or
any of his organs, for what you were doing, I would cheerfully
acquiesce, and if you had not such authority I demanded that
you would cease further proceedings in the matter.

" Your reply of the same date refers me to a conversation
held at San Diego, and adds that you cannot do anything or de-
sist from doing anything or alter anything on your (my) demand.
As, in consequence of the defeat of the enemy on the 8th and
Olh inst., by the the troops under my command,, and the capitu-
lation entered into on the 13th inst. by Lieutenant-Colonel
Fremont with the leaders of the Californians, in which the
people under arms and in the field agree to disperse and remain
quiet and peaceable, the country may now, for the first time, bo
considered as conquered, and taken possession of by us ; and as
I am prepared to carry out the President's instructions to me,
which you oppose, I must, for the purpose of preventing a col-
lision between us pid possibly a civil war in consequence of
it, remain silent for the present, leaving with you the great
responsibility of doing that for which you have no authority,
and preventing me from complying with the President's orders.

" Very res^iectfully, your obedient servant,

"S. W. Keabney,
^^ JBrif/adler- General, United States Army.

" Commodore R. F. Stockton, Acting Governor of Califo nia."

The motives which actuated Col. Fremont in electing
to pursue the course which he did upon the arrival of
Gen. Kearney, are scarcely open to misconstruction.
There happens, however, to be the best of evidence in
regard to them in a letter addressed to Col. Benton at

STOCKTON AND KMARNKY.

197

Presi-

seeii)
,y, and
ent, or
serfuHy
jd that

ivsation
r or de-
lernand.
8tU jvnd
5 capitu-
-Colonel
licU the
i remain
time, be
; and as
IS to me,
ig a col-
uence of
he great
uthority,
's orders.

tes Army.
lalitb nia."

electing

Irrival of

Itniction.

lence in

ienton at

tlie timo of the collision which reveals in all the con-
lidcuce of perKoiial friendship, the innermost secrets of
his heart. In that letter, he says :

* * * "When T entered Los Angeles I wan igno-
rant of the relations subsisting between these gentlemen, having
received from neither any order or information which might
servo as a guide in the circumstances. I therefore, immediately
on my arrival, waited upon the governor and commander-in-
chief, CuHjmodore Stockton ; and, a few minutes afterwards,
called upon (Jeneral Kearney. I soon found them occupyin"" a
hostile attitude, and each denying the right of the other to
assume the direction of affairs in this country.

" The ground assumed by General Kearney was, that he lield
in his hand plenary instructions from th« President directino-
him to conquer California, and organize a civil government,
and that consequently he would not recognize the acts of Com-
modore Stockton.

"The latter maintained that his own instructions were to the
same effect as Kearney's; that this officer's commission was
obsolete, and never would have been given could the govern-
ment have anticipated that the entire country, seaboard and
interior, would have been conquered and held by himself. The
country had been conquered and a civii government instituted
since September last, the constitution of the territory, and
appointments under the constitution, had been sent to the gov-
vernment for its approval, and decisive action undoubtedly long
since had upon them. General Kearney was instructed to con-
quer the country, and upon its threshold his command had been
nearly cut to pieces, and, but for relief from him (Commodore
Stockton) would have been destroyed. Mv^re men were lost
than in General Taylor's battle of the 8th. In regard to the
retiiaining part of his instructions, how could he organize a gov-
ernment without first proceeding to disorganize the present one?

' »l

!;'{

: !i

I I

lOS

LIKK AND BKUVICKd OF JcJlIN C. FK...»ruXr.

His work liad boen antldprited; his commission was absolutely
V(>i<l, null, and of no ctKict.

"Hut if (Jcnt'i-al K«'arm'y iM'lievod that his instructions irave
liini |),'\rain()Uiit autlioiily in the country, h« nia<it' a fatal (-rror
on his arrival. \U) was rciuMvcd with kindri'.'ss and distino-
tion by i)ie coniniodoro, a!id ollerod by him the connnand of Lis
land forces (icneral Kearney rejected the otter and declined
intorf«'rinf( kvith Commodore Stockton. This ollicer was then
prepariiiiL!,' for a n)arch to ('iutla<l de los Anjjeles, his force being
priiK.'ipally sailors and marines, wIkj were all on foot (tortunately
for them), and who were to be provided with supplies on their
march throus^h an enemy's country where all the people are
cavalry. His force was paraded, and ready to start, 700 in
number, supported by six pieces of artillery. The command,
under General Stockton, had been conferred upon liis first lieu-
tenant, Mr. Rowan. At this juncture General Kearney expressed
to Commodore Stockton liis expectation that the command
would have been o;iven to him. The commodore informed tlie
general that Lieutenant Rowan was in his usual line of duty, as
on board shij), relieving him of the detail and drudgery of the
cam}), while he himself remained the commander-in-chief; that
if General Kearney was willing to accept Mr. Rowan's place,
under these circumstances, he could have it. The general
assented. Commodore Stockton called up his officers and
explained the case. Mr. Rowan gave up his post generously
and without hesitation; and Commodore Stockton desired them
clearly to understand that he remained the commander-in-chief;
under this arrangement the whole force entered Angeles; and
on the day of my arrival at that place General Kearney told me
that he did then, at tliat moment, recognize Commodore Stock-
ton as goveiiior of the territory.

"You are aware that I had contracted relations with Commo-
dore Stockton, and I thouglit it neither right nor politically
honorable to withdraw my support. No reason of interest shall
ever compel me to act towards any man in such a way that I
should afterwards be ashamed to meet him."

BTOrKTON AND KEARNEY.

199

iolutely

ns cfftve

ill error

(listinc-

.1 of Lift

riis ill en
I'O being
•tuiiiitely
on their
■ople are
, 700 in
oniinund,
[irst lieu-
expressed
Ljonunand
rnied the
f duty, as
ry of the
lief; that
n's place,
3 general
icers and
generously
red them
r-in-c-hief;
••eles; and
y told me
ore Stock-

Coninio-
>oliti('ally
erest shall
ivay that I

Early in the spring, new Instructioiia, bejuiii^ duto
Nov. 5tli, reiu'lied Conmu^dore Stockton, wliii'h put nn
end to the hitter's HUj)reniiu'y in that quarter. In his
disi)ateli, tlie Secretary of llie Navy Bays:

*'The President has deemed it best for the public interests, to
invest the military olHcor conimanding, with the direction of the
ojteiations on land, and with the adiuiiiistrative functions of the
government over the people and territory occupied by us. You
will relin(|uish to Col. Mason, or to General Kearney, if the lat-
ter shall arrive before you have done so, the entire control over
these matters, and turn over to him all papers necessary to the
performance of his duties."

Instrnctions of a corresponding import were of course
received from the War Department, by General Kear-
ney, and with them, or not long afterwards, a dispatch
from Mr. Marcy, of which the following is an extract :

EXTRACT FROM INSTRUCTIONS TO BRIGADIER-GKNER AL KEARNEY.

" War Dipartmknt, June, 11, 1S47.

r^ 0^ ^C ^^ ^p ^> 'T^ ^P *|*

" When the dispatch from this Department was sent out in
November last, there was reason to believe that Lieutenant-Col-
onel Fremont would desire to return to the United States, and
you were then directed to conform to his wishes in that respect.
It is not now proposed to change that direction. But since that
time it has become known here that he bore a conspicuous part
in the conquest of California, that his services have been vert/
valuable in that country, and doubtless will continue to be so
should lie remain there.

"Impressed, as all engaged in the public service must be, with
the great importance of harmony and cordial co-operation in
carrying on military operations in a country so distant from the
seat of authority, the President is persuaded that when his deji-

1
1

. i

1 1

1
1

LIFE AND SEKVIOES OF JOHN C, FREMONT.

nite instructions were received^ all questions of difficulty were set-
tled, and all feel inf/s which had been elicited hij the agitation of
them had subsided.

" Should Lieut. Col. Fremont, who has the option to return or
remain, adopt tlie latter alternative, ilie President does not
doubt you will employ Lira in such a manner as will render his
services most available to the public interest, having reference to
his extensive acquaintance with the inhabitants of California,
and his knowledge of their language, qualifications independent
of others, wiiich it is supposed may be very useful in the present
and prospective state of our affairs in that country. * * *
" Very respectfully your ob't servant,

" W. L. Marcy, Secretary of War."

The "definite instructions" to which reference is here
made were never comiTinnicated to CohDnel Fremo?it,
and their suppression was very justly esteemed by him
a grievance for several reasons, and among others, be-
cause they show that by the President's directions it
V\ as at Col. Fremont's option whether he would remain
in California or not, an option, how^'ver, which was
denied him by General Kearney.

Early in March, and after taking the supreme com-
mand in California, Gen. Kearney addressed Col. Fre-
mont the following letter :

GEN. KEARNEY TO COL. FREMONT.

" IlaADQUARTKRS, lUTH IVTiLITAKY DEPARTMENT, )

MuNTKKKY, U. 0., JfarcU 1, 1S47. j

" Sir : By Department orders, No. 2, of this date (which will
be lianded to you by Captain Turner, 1st Di'agoons, A.A.A.G., for
my command) you will see that certain duties are there required
of you as commander of the battalion of California volunteers.

" In addition to the duties above referred to, I have now to
direct that you will bring with you, and with as little delay as

CONTROVERSY WITH KEARNEY.

201

ere set-
tion of

turn or
3es not
ider his
•ence to
lifornia,
pendent

present
* *

Varr

is here
emoTit,
by liim
BTS, be-
ions it
remain

ll WU9

com-
1. Fre-

TMKNT, )
, 1S47. f

lich will
zV.G., for
required
nteers.
now to
delay as

possible, all tlio archives and public documents and papers which
may be subject to your control, and which appertain to the gov-
ernnient of California, that I may receive them from your hands
at this place, the capital of the Territory.

" I have directions from the general-in-chief not to detain you
in this country against your wishes, a moment longer than the
necessities of the service may require ; and you will be at lib-
erty to leave here after you have complied with these instruc-
tions, and those in the order referred to.

" Very respectfully your obedient servant,

"S. W. Kearney,
" Brig, Gen., and Governor of California.

" Lt. Col. J. G. Fremont, Regt. of Mtd. Riflemen,
Com'g. Bat. of Califc.nia Vols.,
Ciudad de los Angeles."

About a month later, he received the following ordei
from Gen. Kearney :

" HEADqCARTEBS, IOtH MILITARY DePARTMBITT, >

MoKTBJtBT, California, March 28. f

"Sir: This will be handed to you by Col. Mason, 1st Dra
goons, who goes to the southern district, clothed by me with fuU
authority to give such orders and instructions upon all matters,
both civil and military, in that section of the country, as he may
deem proper and necessary. Any instructions he may give you,
will be (iDnsidered as coming from myself."

A few weeks later Col. Fremont received orders
from General Kearney to report himself at Monterey
with such of the members of his topographical corps as
were still under pay, prepared to set out at once for
Washington. Col. Fremont then applied for perniiHsiou
to join his regiment under General Taylor's command,
supposed to be on its way to Vera Crnz. This request

:'ii

■•r

i ;

■ 1

f !

!
1 1

■ 1

lii

I:'!

202

LIFE AMI) SKliVICKS OF JoUN C. FKKMONT.

was refused without explanation ov apology, and on the
14th of June Col. Fremont addressed General Kearney
as follows :

FKOM COL. FREMONT TO GENERAL KEARNEY.

•' New Helvetia, Upper California, June 14, 1847.

" Sir : In a communication which I received from yourself
in March of the present year I am informed that you had been
directed by the commander-in-chief not to detain me in tliis
country against my wishes longer than the absolute necessities
of the service might require,

" Private letters in which I have entire confidence further in-
form me that the Pi'esident has been pleased to direct that I should
be permitted the choice of joining my regiment in Mexico, or
returning directly to the United States. An application which I
had the honor to make to you at the Ciudad de los Angeles for
permission to proceed immediately to Mexico, having been
rejected, and the duties of the exploring expedition which had
been confided to my direction, having been terminated by your-
self, I respectfully request that T may now be relieved of all con-
nection with the topographical party which you have taken under
your charge, and be permitted to return to the United States.
Travelling with a small party by a direct route, my knowledge
of the country and freedom from professional business, will
enable me to reach the States some forty or fifty days earlier than
yourself, which the present condition of atJtiirs and a long ab-
sence from my family make an object of great importance
to me.

" It may *not be improper to say to you that my journey will
be made with private means, and will not therefore, occasion any
expenditure to the government. I have the honor to be, with
much respect, your obedient servant,

"J. C. Fremont,
^^Lieut. Colonel, Mounted Rijiemen.
"Brigadier-General S. "W. KEAUNnv, Commanding, (fee."

C0NTK0VEE8Y WITH KEARNEY.

203

3n the
jarney

14, 1847.

yourself
id been
in this
scessities

ther in-
I should
ixico, or
which I
lijeles for
ng been
iiich had
by your-
■ all con-
:en under
d States.
Qowledge
less, will
rlier than
long ab-
iportancto

rney will
asion any
3 be, with

Eijlemen.

To this request < Jol. Fremont received the following
reply :

GENERAL KEARNEY TO COL. FREMONT.

" Oamp near New IIelvetu. California, June 14, 1847.

"Sir: The request contained in your communication to me
of this date, to be relieved from all connection with the topo-
graphical party (nineteen men) and be permitted to return to
the United States with a small party made up by your private
means, oannoi, be granted.

" 1 shall leave here on Wednesday, the 16th instant, and I
require of you to be with your topographical party in my camp
(which will probably be fifteen miles from here) on the evening
of that day, and to continue with me to Missouri.
" Very respectfully, your obedient servant,

" S. W. Kearney.
^'•Brigadier- General.

"Lieut. Col. Fremont, Regiment Mounted Riflemen,
" New Helvetia."

The appointment of Mason to the command of the
Southern District with the authority over Fremont, con-
ferred by the order of the 28th of March proved to
the latter a source of extreme irritation and annoy-
ance, and was near producing much more serious results.
Mason seemed to share the grudge which General
Kearney bore to Fremont, and to take pleasure in doing
whatever seemed calculated to mortify and humiliate
him, for which, if he chose to avail himself of them, of
course he had abundant opportunities in his new posi-
tion. Fremont subsequently came to the conclusion
that Mason wished to provoke a challenge, and then by
selecting a weapon with which he was \qv\ expert — a

204

MFE AND SEItVIijES OF JOHN C FRIIMONT.

donble-burrolled shot-n^nii, whicli Fremont knew nothing
about — to slioot him. It' snch was his purpose, lie accom-
plislied it, so far as provoking tlie challenge, and having
the choice of his fav^..nte weapon.* lie was in tho
liabit of sending for Fremont several times a day, to
come to his ([uarters, which were at the house of an
unfriend ly resident at los Angeles, to be questioned in
the presence of other officers with '•'^liom he had no S03ial
relations, and who, it is alleged, were in attendance for
the pur])ose of being nsed as witnesses. One day he
directed Fremont to bring to him the one hundred and
twenty horses which he liad sent to grass in the country,
to recruit for a march into Mexico, which lie at that
time contemplated, to join General Taylor, litde dream-
ing, that even then, his enemies were collecting their
evidence, and perfecting their arrangements to have

* The following paragraph from the Sporting Magazine, vol. 4, p. 533,
will explain Colonel Mason's preference for so unusnal and unofficer-liko
a weapon for the settlement of an alfair of honor.

"The drawing herewith sent is a sketch of a scene, in which Captaia
R. B. Mason, as frequently happens, acted a conspicuous part.

" A party of six gentlemen left St Louis about 10 o'clock A. M., with
the intention of hunting a lew acres of high grass on the American bot-
tom, and, if possible, killing a deer or two. We no sooner arrived at the
high grass than old Rock broke forth in full cry. Ilis deep-mouthed
tones were barely heard before two line does bounced in front of Mr.
Henderson, but two far oft' for a successful shot, making directly for
Captain Mason, who wheeled his horse directly around ; and, as rapidly
as the occasion required, raised his gun with his right hand, holding the
bridle reins Mith the left, as represented in the drawing — fired both
barrels in (piick succession, bringing down dead in their tracks, one with
each barrel. It was the work of an instant, and the eft'ect was like
magic. It may not be amiss to state that Captain Mason always shoots,
when nu >inted, as represented in the plate ; and I have seen him kill
gsouso on the wing and knock down deer on the jump, in that manner,
and sometimes when his horse was nearly at his .ipeed."

TIIK MASON DUKL.

205

lothing
accom-
baving

ill the
day, to
) of an
oned in
ioso3ial
aiice for
I day lie
red and
country,
1 at that
e dream-
ng their

to have

I. 4, p. 533,
noilicer-Mko

ich Captaia

A. M., with
iicrican bot-
rivcd at the
p-mouthed
ont of Mr.
irectly for
as rapidly
lolding the
-fired both
s, one with
ct was like
ays shoots,
en hiui kill
lat manner,

It
4

him sent home in disgrace. The order to produce
tlie luM'ses was esteemed an insulting one, under tlie
circumstances, and the time within which it was to
be executed too limited. Mason sent for Fremont
twice in the course of the same afternoon, to come
to his quarters to answer about the Iiorses. Fre-
mont resented what he esteemed the brutality of
Mjusou's course and numner, to which Mason replied,
" None of your insolence, or I will put you in irons."
The sequel justified Fremont's sus})icions that the order
to bring up the horses was a mere pretext for insulting
liim ; for when brought, they were turned over to
Mason's friendly witness, who sold them for one, two,
and three dollars apiece. Fremont's friends saw that
Mason's designs were mischievous, and they urged the
colonel to restrain his feelings to the utmost. lie did
Bo until the remark above quoted was uttered, when
his indignation knew no bounds. But even here
his coolness, which had so often served him in
more trying situations, did not forsake him. lie
at on 30 asked Mason if he held himself person-
ally accountable for what he said. Mason rej^lied
that he did, whereat Fremont leaped upon his horse,
dashed back to his quarters, and wrote two notes, the
first asking a retraction of the oft'ensive words, and ano-
ther based upon his probable refusal to make a retrac-
tion, conveying a challenge, and dispatched both by his
friend Major F. B. Reading. These notes and Colonel
Mason's reply to the first, ran as follows :

FREMONT TO MASOX.

" CiUDAD DK LOS Aroeles, Jpril 14, 1847.

"Sir: I have the bonor to recjuest through my friend,
Major P. B. Reading, who will hand you this note, that you

206

LIFE AND SERVICES OF JOHN C. FKEMONT.

apologize for the injurious language applied to me this
day.

" Very respectfully, your obe-lient servant,

"J. C. Fremont,
" Lieut, Col. Mounted Rijlemen.
"Col. R. R. Mason,
" Col. Dragoons, Ciudad de los Angeles."

' 111

MASON TO FREMONT.

"Anoblbs, April 14, 1847.

" Sir : I have just received your note of this evening, and
can only repeat in writing, what I stated to you verbally, when
we parted, viz. : ' I thought you intended to be so. You best
knew whether you did or did not.' Your not disavowing it, left
me to infer that I was not mistrAen ; with that impression upon
my mind, I can say nothing more until it be removed.

"I am, respectfully, your obedient servant,

"R. B. Mason.

" Lieut. Col. J. C. Fremont,

" Mounted Ritiemen."

FREMONT TO MASON.

•'Ciudad db los Anoblbs, April 14, 1847.

" Sir : An apology having baen declined, Major Reading will
arrange the preliminaries for a meeting, requiring personal satis-
faction.

" Very respectfully, your obedient servant,

"J. C. Fremont.
" Lieut. Col. Mounted Rijlemen.

" CoL. R. B. Mason,
" First Dragoons, Ciudad de los Angeles."

No furtlier answer was received from Mason that

this

men.

14, 184T.

ng, and
,y, when
Ion best
g it, left
ion upon

t,
Mason.

14, 1847.

iding will
nal satis-

HJlemen.

son

that

THE MASON DUEL.

207

tofening; but ri»ly;ng on the verbal acceptance and
designation of weapons, loading and time, Col. Fremont's
friends proceeded to hnnt np a double barrelled gr*".
Col. Fremont had no sucli weapon, and had never used
such a one. But he was ready by daybreak, with the
requisite gun and shot, but nothing was heard fartlier of
Mason until towards noon, when Capt. Smith of the
dragoons, arrived with the following note :

M.«.SON TO FREMONT.

" Anqbles, AptHl 15, 1847.

"Sir: With a view lo the adjustment of my private affairs,
it is necessary that I return to Monterey, before I aflbrd you the
meeting you desire. We shall probably reach there within a
a few days of each other, I will then, as soon as circumstances
permit, arrange the necessary preliminaries for the meeting.
" I am respectfully, your obedient servant,

"R. B. Mason.
"Lieut. Col. Fremont,
" Mounted Riflemen."

To which Fremont replied :

" CivoAS OB L03 Anoslbs, ApHl 15, 1847.

"Sir: I am in receipt of your letter of this date, and in
reply have the honor to state that I will bold myself in readi-
ness for a meeting at Monterey, at such time as you may desig-
nate.

" I am, very respectfully, your obedient servant,

"J. C. Fremoxt,
" Lieut. Col. Mounted Riflemm.
"Col. R. B. Mason,
"First Dragoons, Ciudad de los Angeles."

I 1

f I

■:il,

208

LIFE AND 8EKVICi:8 OB^ JOHN 0. FUKMoNT.

The duel was tliereby adjourned to Monterey ; but no
note was received from Mason fixing a time.

A day or two after tliese notes })asse(l, Col. Mason went
to jMonterey. After Mason arrived tliere, Gen. Kearney
came down to Los Angeles, and had a conversation with
Col. Fremont on the subject of tlie duel, saying he forbade
it, and had left an order at Monterey to that effect.
Fremont soon followed to Monterey. On arriving there,
Capt. Tyler, an intimate of Mason's, called on Col.
Fremont, said that he did not come by direction of
Mason, that he had talked with him about it, that
Mason did not intend to insult him, &c. Col. Fremont
paid no attention to this, went to Mason's quarters, was
invited to sit down but did not, saying that he came to
let Mason see that he was in Monterey, and then walked
away.

Soon after quitting Mason's quartera an order from
Gen. Kearney was delivered to Col. Fremont by the
adjutant general in these words :

I.'

;

! !■

I ,i:

" HBADQtTARTER3, TEN MiLE DEPOT, )

" Monterey, Cal., Jlay 4, 1847. )

"Sir : It Las been reported here, by some of the discharged
men of the battalion of California volunteers, just arrived from
Pueblo de los Angeles, that a challenge has passed between Col.
Mason, of the 1st dragoons, and yourself, the meeting to take
place at or near Monterey.

" As I am about leaving here for the South, in consequence of
rumors of an excitement among tlie people in that district of
country, it becomes my duty to inform you that the good of the
public service, the necessity of preserving tranquillity in Cali-
fornia, imperiously require that the meeting above referred to
should not take place at this time, and in this country, and you
are hereby officially directed by me to proceed no further in
this matter. ' ,

TUE MASON DUEL.

liUU

but no

u went
earncy
»n with
brbade
eftcct.
r there,
m Coh
;tion of
it, that
'rcinont
31*8, was
came to
walked

er from
; by the

Depot,
1, 1&17.

ischaro-ed
ved from
,veen Col.
to take

quence of
istrict of
od of the

in Cali-
terred to

and you
urthev in

"A 'similar communication lias been addressed to Colonel Mason,

" Very respectfully,

"Your obedient servant,

" S. W. Kearney, Brigadier General.
" Lientenant-Colonel Fremont, •

" Regiment Mounted Rifles, Monterey."

" N.B. — A letter to same purport, and of same date, addi'essed
to Col. Mason."

Soon after the receipt of the foregoing, came the
following letter from Mason himself to Fremont.

MoNTERKT, May 19, 1847.

" Sir : The affair between us has been made public here by
the arrival, about the 4th instant, of some of the discharged men
of the late battalion of California volunteers from Los Angeles.

" I did not expect that this affair would have gained publicity
until it had finally been terminated, but it has turned out
otherwise. The result is, it has come to the knowledge of the
general, and you doubtless have received, as well as myself, a
communication from him upon the subject. This unforeseen and
unexpected circumstance, together with reasons which you will
find in the copy of a letter on the next page, dated on the 4th
of the present month, renders it proper that the meeting should
be postponed to some future time and place.

" I am inclined to believe that, under the existing state of
things, you will at once see the propriety of this course.
" I am, respectfully,

" i our obedient servant,

" R. B. Mason.
"Lieut. Col. Fremont."

The letter referred to by Mason, and a copy of which
was sent with his own, in his own handwriting, said as fol-
lows :

I k'l

i\-

1 1

'WC

I ':

.It'!'

, ■ 111

210

LIFK AM) SKItVICKS OF JOHN C. FliKMONT.

V. H. 8nrp COI-lTMnUS. J

MoNTBBKV, May ith, 1S47. f

"Mv DKAU Colonel: A party of Californi.-ui voluntoors,
recently utidor Lieut, Col. Fremont, have just firrivec! on tlieir
wjiy to the uortlj. They state publicly that at Pucbla a challeniife
had passed botween yourself and Lieut. Col. Fremont, and that
on the arrival of the latter here, a hostile meeting would take
place. I learn that this statement is generally credited on shore.
As your personal friend, and the friend of your public (diaraviter,
this statement has given me great pain. You cannot but be sen-
sible that, in the present condition of things in California, per-
sonal collisions between the officers must be highly injurious to
the public interest. You cannot but know that it is the duty
of all of us to su})press for the moment every angry feeling of a
personal nature, and to give ourselves zealously, cordially, and
exclusively to the public service. Permit me to appeal to your
patriotism, and to your sense of public duty, and upon these
grounds to entreat that any contemplated hostile meeting may
be postponed. Elsewhere, and at another time, it may not be
improj)er, but there, in the present distracted state of affairs, it
could have no other rr udt than to injure the public, and to
injure your military reputation.

" I remain, very truly,

" Vour friend, &c.,

"James Biddls.
" Col. Mason, U. S. Army, Monterey."

To these two letters CoL Fremont returned this
answer :

" Monterey, May 22d,1847.

"Sir: I have the honor to acknowledge the receipt, on yes-
terday, of your note of the 19th instant, accompanied by a copy
of a letter from Commodore Biddle to yourself.

"The object of your note appears to be to induce me to con-

THE MASON DUEL.

L>11

nua.

, mi. \
unteors,
)n their
lalleniije
ukI tliat
lid take
n shore,
laraijter,
t be sen-
nia, per-
ivious to
the duty
ing of a
,lly, and
to your
on these
ting may
y not be
iflfairs, it
and to

IDDLB.

ed this

sent to a further, and indeliiiite postponement of a meeting. If
such be your desire I am willing to comply with it, trusting that
you will apprise me of the earliest moment at which the meet-
ing can take place consistently with your convenience and sense

of propriety.

"I am most respectfully,

"Your obedient servant,

"John C. Fremont.

" Col. R. B. Mason, Monterey."

MASON TO FREMONT.

MosTRREY, Cal., May 24, 1847.

" Sir : I have the honor to acknowledge the receipt of your
letter of the 22d instant. I shall certainly promptly inform you
when the peculiar oilicial obligations, under which I find myself
placed in this country, are so far removed as to enable me to
r.eet you.

" I am, respectfully,

Your obedient servant,

"R. B. Mason.
" Lieutenant-Colonel J. C. Fremont, U. S. A."

The following letter fi'om Major Reading to Colonel
Fremont at Monterey, immediately after this second
adjournment took place, supplies some additional de-
tails. It ran as follows :

MAJOR READING TO COLONEL FREMONT.

\>\

22d,184T.

on yes-
)y a copy

e to con-

" MoNTKUKT, Cal., 3Iay 27, 1847.

"Dear Sir: In reply to your favor of yesterday, I will state
that immediately after having delivered your challenge to Colo-
nel Mason, he informed me that he would give you the desired
meeting, and said to mc, in order that there might be as little
delay as possible, he would inform me (though inforiiially) that

ri
(i

'if, .

1' '

U )

I
I

III

212

LIFE AND 8EUVICE8 OF JOUN C. FKKMuNT.

lie would select (louMo-barrolIod sliot-rruns as the weapons to be
used on the occasion. I replied to him at once that I should
lose no time in ohtaininf]^ such a weapon for Colonel Fremont —
tliat in the morning 1 should have hitn provided with a good
gun. AVlicn T <k'livered the challenge to Colonel Mason, it was
about eight r>'clock in the eveiung, though you received this
written acceptance, tlirough his friend (,-aptain Smith, near noon
the following day, in which he projiosed that the meeting should
take place at Monterey, distant from tlie Puebla de los Angeles
about four miles. This gave us (!cnsidcrable surprise, as wo
expected and were fully prepared to have taken the field that
day — forndng our opinions from the character of his conversa-
tion to me the preceding evening.

" Since that period, your correspondence with Colonel Mason
contains the liistory of this affair.

" I am, most respectfully, your very obedient servant,

"R. B. Kradino.

" Lieutenant-Colonel J. C. Fremont, U. S. A."

It was tlio opinion of Col. Benton, and lie so publicly
expressed himself in the Senate, that the three letters
of Biddle, Kearney, and Mason, were collusive, got up
in concert among them, and all looking to the extrica-
tion of Mason, and not to tho laws of honor, or of mar-
tial or municipal law, or common humanity; all of
which would have required two of the concern (Biddle
and Kearney) to have used their official authority and
their personal influence to have put an end to so savage
a duel. Kearney's conduct in adjourning and licensing
the duel — for in his order he did both — was particularly
exceptionable, for by the 2Gth of the rules and articles
of war, it is made " the duty of every officer command-
ing an army, regiment, post, or detachment, who is
knowing to a challenge being given or accepted by any

THE MASON DUEL.

'213

ons to be
I should
reinont —
ih a good
i>ii, it was
jivetl this
near noon
\vf should
IS Angeles
ise, as wo
tield that
i conversa-

)nel Mason

It,

lEADINO.

publicly
ec letters
re, got up
extrica-
31* of mar-

all of

•n (Biddle
lority and
so savage

licensing
rticularly

d articles
iommand-
t, who is
ed by any

oflicor, non-cominissioned oflicor, or soldier, nndor liia
(•(muMand, or lias reason to l)L'iievo the isanie to be the
case, fnu/irdidttit/ to arrest and brimj to trial such

iS'ot hi tig further was heard from Mr. ^fason for over
three years. Soon after the events just recited. Col.
Fremont was sent liome by Gen. Kearney under arrest.
In tlu! fall of the following year he returned overland
to California, and as he entered the territory from the
east, Col. Mason left by a steamer from the west, for
the United States. In 1^50 Freniitnt went to Washingtoti
lus United States senator. Just at the close of the ses-
sion, and when he was about starting again with his
family for California, he received a note from Col. Ma-
son — the first since that of May, 1847 — informing him
tliat if he would come out to St. Louis (where JNIason
was then residing) he should have the satisfaction which
he (Mason) had promised him just three years and a-
half before. Of course Col. Fremont paid no attention
to the letter. lie sailed in a few days for Califonua,
whither the intelligence not long after followed, of Col.
Mason's dea^h.

We will now resume the thread of our narrative.

General Kearney broke up his camp near Sutter's
fort on the day after issuing the order of the l-ith
of June, and set out for the United States, attended
by Col. Fremont, who was treated, however, with
deliberate disrespect throughout the journey. The
party reached Fort Leavenworth about the 22d of
August. On that day General Kearney sent for him,
and directed Lieut. Wharton to read to him a copy of
the first paragraph of an order he had just issued of
that date, as foUows :

ill

(TT^-

• ■

i 1

I m

214

UFK AND SKIiVICKS OF JOTTN C. FUKMONT.

"KOKT I.BAVICNWdUTII, AllJUxt 'i2if,\^7.

"Lieutenant Co\. I^'reiixMil, of the ren-itueiit of inoimted rillo-
lueii, will turn over to tlu* oHieers t)|' lli(> <lill'ereiil. <le|).'irl,iiii'iit8
at. this post, file horsc^s, iniiles, and other public j)roperty in the
use of the topoirraphical party now under his eliarire, lor wliicli
receipts will he t>iven. Ho will arranujii the accouiits of iheso
men (nineteen in number) so tJiat thoy can ho ])aid at the
earliest possible dato. LieuttMiant Colonol Fremont having
performed the above duty will consider himself under arrest.,
and will then re})air to Washinulon City and re})ort liimsolf to
tlie Adjutant <leneral of the Army." * *

Thus, liko Columbus, Col. Fivniont ro.tunicd tVoin llie
(lisc'ovorv uud couquest of u New Worhl beyond tlie
Ivocky .M'.Mniliiitis, ji ]>risonor and in disgrace. Like
Columbus his aehievements and rji[)id promotion, had
awakened the jealousy of certain sordid hearts and nar-
row minds, and like Columbus, instead of beiuijj permitted
to continue his researches in the vast re^jion which he had
iirst brought within the reach of science, he was required
to come home and defend himself from the attacks of
men who had just sense enough to envy his successes
■without the ability to achieve them.

Col. Fremont repaired at once to Washington, where
he arrived on or about the lOth of September, llis
journey led him through St. Louis, the iirst city that he
entered upon his return to his native country after a
most eventfid absence of nearly two years. The history
of his brilliant achievements had preceded him, and the
reception wliich he met with, conq^ensated him to some
extent for the indignities to which he had been sub-
jected in his tediitus journey over the plains from
California. lie was immediately addressed by a large
number of the most respectable citizens of St. Louis,

nil, i^iT.
itcd ritlo-

•ly in tlie
for which
of tlu'so
a !vt the
t having
or arrest,
linisclf to

from llie
yoiul tlie
c. Like
tion, luid
and iKir-
pcniutted
oh he had
rc([nired
tacks of
Buccesses

)n, where
)er. His
y that he
y after a
le history
, and the
11 to some
3een sub-
lins from
y a hirge
^t. Louis,

RK0KI»'riON AT ST. LOUIS.

215

who, after coii^j-rahilaliiiir 1

rccapihilatiiii!^

his c\\

<jj Jiini upon jiis salt; arnv

ifc

aiK

ins lo public a<liniration, tcndcnMl

inn an invilatn)!i [<> a piiljh'c, dinner, as a loken of tlicir

estoiMii and

1. Ill

'lied hv til

^sroeni ano n^^^aro. ik^ was tonclicd ny iius inos
seasonable evidence of undiminished eonlidence, and
immediately addressed them the followini^ rei)ly :

LKTTEK FIIOM 001-. FKKMONT TO TlIK CMTIZICNS OK HI'. LOUIS.

"St. Louih, AiignHt'.V)lh,\m.

"GrcNTi.KMKN : T had the ])](!asnro this nioniiiii^ to reeeive
vour kMler of tjiis date, in which, with many kind as.siiraiic<'H of
welcome and connr;it illations on my return, yon hotior with tlio
stronsjr (ixjiression of your approbation, my |M^eo<4ra])hical labors
diirini; the recent explorations in Oreo-on and North (Jalilbrnia,
and the military o|)('ratioii» in which sudden emergencies
involved me in California.

" I beg von to receive mv e;irncst acknowhido-ments for the
very favorable notice you liav<i bestowed upon the published
results of those expeditions, and I regret that (ivents whi(-h intor-
nipted, and mor(^ recent eirciimstances which abruptly termi-
nated the last exploration, will permit uio to t>ive only a l)rief
and imperfect account of California, and of the intervening
basin, whii^li it had been the great object of the expedition to
explore and determine. ,

" The labor of many years in the interest of science, under-
taken and sustained with only a distant hoj)e of gaining your
good opinion, has received, in the raj)id protrress of events, an
earlier reward than I could possibly have hoped for or antici-
pated ; but I am free to say that the highest pleasure I received
from the pe.usal of your letter, was <lerived from your decided
approval of my political course in North California. Circum-
stances there made us, in connection with the emigrants to that
country, involuntary witnesses, and unwilling actors at die birth
of a great nation, but to which we now consid(!r it our great

v-l

i;;'i: i

210

LIFK AND SERVICES OF JOHN C. FREMONT.

good fortune to liave aided in securing the blessings of peace
with civil and religious liberty.

"IMaced in a critical and delicate position, where imminent
danger urged iinmodiate action, and where the principal ditli-
culty lay in knowing full well what must be done ; where in a
struggle barely for the right to live, every etTort to secure our
safety involved unusual and grave re^sponsibilities, I could only
hope from your forbearance a suspension of judgment until, with
full possession of facts, you would be able to determine under-
stand ingly.

"I had the gratificration, on my arrival, to find tliat neither
remoteness of situation, nor the more immediately important
and interesting events at liome, had diverted your attention (roin
our conduct, but from a knowledge only of the leading occur
rences in California, it had been fully justified and sustained.

"I regret that, under present circumstances, I cannot have the
pleasure of nieeting you at the dinner you have done me the
honor to oft'er me, but T beg you to accept the assurances of the
high and grateful sense which I entertain of your kindness and
regard, and the very flattering manner in which you have
expressed it.

" With sentiments of respect and consideration, I am, gentle-
men, your very obedient servant,

"J. C. FUEMONT."

r peace

iminent
al ditli-
ere in a
uro our
lid only
til, with
B under-

neitlier
npovtant
ion from
I or occur
ined.
have the
Q me the
es of the
ness and
ou have

1, gentle-

lOST."

•ntlAL BY A COURT MARTIAL.

217

CHAPTER X.

Fremont arrives at Washington — demands a court mar-
tial ILLNESS AND DEATH OF HIS MOTHER COURT MAR-
TIAL ORDERED ITS ORGANIZATION AND PROGRESS — FRE-

MONt's defence VERDICT OF THE COURT — SliNTENCl-:

REMITTED BY THE PRESIDENT RESIGNS HIS COMMISSION

AND RETIRES FROM THE ARMY.

The fame of Col. Fremont's arrest preceded liiiii
across the Allegliaines, and some days before liis arrival
at Washington, had penetrated the seclusion of his
widowed mother's home at Aiken, in South Carolina.
Her heart had not been properly prepared for such tid-
ings, and the pleasure which he naturally expected from
rejoining his family was destined to be qualiiied by one
ol:' the severest trials he had yet known, lie found let-
ters at Washington informing him that his mother was
dangerously ill. Without delay, he asked for leave of
absence to join her, and it was granted on the following
day ; but before availing himself of it, he addressed the
following manly letter to the adjutant general, iu i*ela-
tion to his position in the service :

LETTER FROM COL. FREMONT TO THE ADJUTANT GENERAL.

C Strebt, WASHiNQToy, Sept. Ilth, 1347.

To THE Adjutant General :

" Siu : According to the orders of Brigadier General Kearney,

1 1 .■?

Ilfi If]

1 ■

! 1

If!,

218

LTFr. AND SERVICKS OF JOHN C, FWKMONT.

I have tlio honor to roport niysolfto you in person, in a state of
arrest, ;ui<l to ni:ike the lbllo\viii_<>; re(jiie.sts:

" 1. A copy of the iharjj^es filed a<(;iiiist nie hy the said
gen.M'ah

" 2. A copy of tlie orch'rs under whicli the said tjeneral
brought hack tVoni Cyalitornia to the United States niysolf and
the topoLjraphical ]iaity of which I had the coniniand.

"3. A copy of the coniunmications from Senator iJenton, ask-
ing for my arrest and t'ial on the charges tna(h^ in tlie newspaper'
against me, and which application from him 1 a(h)pt anu make
my own.

" 4, That cliargea and specitications, in addition to tliose filed
l>v CJenei'.'d Kearney, ho made out in form against me, on all
the ne\\>jMper publications which Ijave tomo or shall come to
the ollice, oial or written.

" 5. That I may have a trial as soon as tlie witnesses now in
the Uniteti Suites can be got to Washington ; for, althouLjli the
testimony of the voice of Califoi'iiia, throufrh some of its most
respectable inhabitants, is essential to me, and also that of Com-
modore Stockton, who lias not yet arrived from that province,
yet 1 will Jiot wish the delay of waiting for these far distant wit-
nesses, and will go into trial on the testimony now in the United
States, jiart of which is in the State of Missouri, and may
requiie thirty days to get into Washington. I therefore ask for
a trial at the end of that time.

"These reijuests 1 have the honor to make, and hope they
will be lound to be just, and will be granted. I wish a f"ull trial,
and a speedy one. The charges against me by Brigadier Gene-
ral Kearney, and the subsidiary a"cusations made against me in
newspapers, when I was not in this country, impeach me in all
the de]iartments of my conduct (military, civil, poliiical, and
moral), while in California, and, if true, would subject me to be
cashiered and shot, under the rules and articles of war, and to
intainy in the public opinion.

"It is my intention to meet these charges in all their extent

ito of
Q said
roncral

on, ask-

L iniiko

osc ftlccl

ic, on ull

come to

9 now in

ougH the
its most

t of Corn-
province,

istant wit-
le United
and may
re ask for

hope they

a full trial,

Idii-r Gene-

lainst me in

uie in all

lluieal, and

I't me to be

Lav, and to

Itheir extent

Demands a court mautial.

210

nnrl for that purpose to ask a trial u|)oti every \)o\ui of ?ill('L;Tition
or iii;sinii.itioii a^'ainst mo, \v;n'vin<j^ all olijcctidiis lo I'oinis and
tec'linicalilics, aiui aliowiiig the widc-t rarin-c lu all possihlc Ivsii-
nioiiy.

" These chariji'cs and a<'('nsations are so numeral and oxtcnsivo
as to ('o\er the whole field of my operations in California, holli
civil and military, from the hcginninfif to the end of hostililics;
and as my opei-ations, and those of which T was the subject or
object, extend to almost every act and event which fx-curred
in the country during the eventful period of those hostilities, the
testimony on my trial wil' be the history of the coiKpiest of
California, and the exposition of the policy \vhi(di has been here-
tofore pursued there, and the elucidation of that which siioidd
be followed hereafter. It will be tlie means of giving valuable
information to the government, whicli it might not otherwise be
able to obtain, and thus enlighten it, both with re:;j>ect to the
past and the future. ]^eing a military subordinate, 1 can make
no report, not even of my own operations; but my trial may
become a report, and biing to the knowledge of the goverument
what it ought to know, not only with respe(;t to the conduct of
its officers, but also in regard to the policy observed, or necessary
to be observed, with regard to the three-fold population (Spanish,
Americans, Anglo-Americans, and Aboriginal-Americans), which
that remote province contains. Viewed under these aspects of
public interests, my own personal concern in the tiial — already
sufficiently grave — acquires an additional and publi(- importance ;
and for these high objects, as well as to vindicate my own cha-
racter from accusations both capital and infamous, it is my
intention to require and to promote the most searching exami-
nation into everything that has been done in that quarter.

*■ The public mind has become impressed with the belief
that great misconduct has prevailed in California ; and, in fact,
it would be something rare in the history of remote conquests
and governments, where every petty commander might feel
himself invested with proconsulate authority, and protected by
distance from the supervision of liis government, if nothing

^ %

\:i

h :,al

220

LIFE AND SERVICES OF JOHN C. I'EEMONT.

if''

\vron^r or culpable lias been done by the public agents of the
rnik'ti States in that remote province. The public believes
il, au<J the charfros filed against nie by Brigadier General Ke.ar-
licy — I he subsidiary publications made against me whilst I was
not in the country — my arrest on the fiontier, and the ])remoni-
tory rumor of that event — the manner of my being brought
lioine for trial, not in irons, as some newpapers suppose, but in
chains stronger than iron, and with circumstances of ostentation
and galling degradation — have all combined to present me as
the great malefactor, and the sole one. IJeretofore 1 have said
nothing, and could liave said nothing in my own defence. I was
ignorant of all that was going on against me ; ignorant of the
charges sent from California ; ignorant of the intended arrest,
and of the subsidary publications to prejudice the public mind.
What was published in the United States in my favor, by my
friends, was done upon their own views of things here, and of
which I knew nothing. It was only on my arrival at the fron-
tiers of the United States, that I became acquainted with theso
things, vvhidi conceined me so rearly. Brought home by
General Kearney, and marched in his rear, T did not know of his
design to arrest me until the moment of its execution at Fort
Leavenworth. lie then informed me that, among the charges lie
had preferred, were mutiny, disobedience of orders, assumption
of powers, (tc, and referred me to your office for particulars.
Accordingly I now apply for them, and ask for a full and speedy
trial, not only on the charges filed by the said general, but on
all accusations contained in i!ie publications against me.

"The private calamity which has this evening obtained for
me permission from the Department to visit South Carolina,
does not create any reason for postponement or delay of the
trial, or in any way interfere with the necessary preliminaries.
Hoping, ..icn, sir, that you will obtain and communicate to rue
an early decision of the proper authorities on these requests.
" I remain your obedient servant, John C. Fremont.

''Lieut. Col, Mounted Rijies:^

IJuviiii:: (lispiitclicd this lettiM*, C<d. Fremont set out

!'i;i

DEATH OF HIS MOTHER.

221

of the

jlieves

Koar-

, I was

emoui-

rought

but, in

ntatiou

t iiKi us

ive said

I was

of tho

. arrest,

c mind.

, by my

and of

he fron-

th theso

ome by

>w of his
at Fort

arges he

uraption
ticulars.
speedy
but on

ained for
Carolina,
y of the
ininaries.
e to me
quests.

MONT.

set out

at once for the bedside of his mother. lie did not
arrive ut Washington until Tiinrsday, the lOtli of
September. On the following Monday he was in
Charleston. The nielanelioly issne of liis visit "was
briefly tohl in the following paragrap)!! whieh appeared
in the Charleston Mercury of Sept. 21 :

" We regret to learn that Col. Fremont did not reach Aiken
to see his mother alive. She died but a few hours before his
arrival. He accompanied her remains the next day to Charles-
ton, and, after witnessing the last sad rites, left the evening
following on his return to Washington. In his affliction,
rendered doubly poignant by his deep disappointment in not
receiving her parting look of recognition after his long and
eventful absence, he has the sympathy of our entire community.

"The marked and brilliant career of Col. Fremont, has
arrested general attention and admiration, and has been watched
with lively interest by his fellow citizens of South Carolina.
Charleston particularly is proud of him and the reputation which
he has at so early an age achieved for himself. She claims as
something in which she too has a share. But for the melan-
choly circumstance a:tending his visit, our city would have
manifested by suitable demonstration their respect for him, and
their continued confidence in his honor and inteijritv. It will
require something more than mere accusation to sully them in
the minds of the people of Charleston. Some months since a
sword was voted ^o him by our citizens, the individual sub-
scriptions to which were limited to $1 ; it now awaits his accep-
tance at a suitable opportunity. We are happy to learn that the
ladies of Charleston propose, by a similar subscription, to furnish
an appropi'iate belt to accompany the sword, an evidence that
they too can appreciate the gallantry and heroism which have
so signally marked his career, and have thrown an air of
romance over the usually dry detail of scientific pursuits."*

* The sword and belt referred to in the foregoing piir.igraph were pre-
emtcd to Col Fremont soon after the opening of Congress by one of the

i J? I

I H

I 4

LIFE AXD SERVICES OF JOHN C. FliEMONT.

In compliance witli Col. Fremont's request for a
speedy trial, a General Court Alartial, to consist of
thirteen members, was ordered to as-iemLle on the
2d of Kovcmber, at Fort Monroe, in Virginia, which
place afterwards, upon application of tlie accused, was
changed to the arsenal at Washington City, and the fol-
lowing officers were detailed to hold the court :

Brevet Brigadier-General G. M. Biiooke, Colonel 5th Infantry^

Colonel S. Cjii;rciiill, Inxpcctor General,

Colonel J. B. Crane, \st Artillert/,

Brevet Colonel M. M. Paynk, 4lh Artilleri/,

Brevet Colonel S. If. Lonu, Corps of Tojtoyr<tphlcal KiujincerSy

Lieutenant-Colonel R. E. D. Russky, Corps of Ji^nf/lneem,

Lieiitentint-Colonel J. P. Taylor, Subfiistence Departtncnt,

Brevet Lieutenunt-Colonel H, K. Craig, Ordnance Department,,

Major R. S. Baker, Ordnance Department,

Major J. D, Graham, Corps of Topographical Engineers,

representatives from South Carolina. The .sword was a .splendid piece ot
workinan.ship, silver and gold mounted. Tlie head of the hilt, around
which is coiled a rattlesnake belonging to the old arms of the State, is
formed to represent the sunmiit of the Palmetto tree. On the guard is a
map, with the word " Oregon," partly unrolled, to display the coast of
the Pacific Ocean. On the scabbard, which is gold, are two silver shields
hung together, with the words " California" and " 1840," respectively.
Below thena is the following inscription :

BY TIIECITIZKNS OP CHARLESTON,
TO LIEUTENANT-COLONEL

JOHN CHARLES FREMONT.

A MEMOm.\L OP THEHl HIGH API'aEClATION

0"? THE GALLANTRY AND SCIENCE

HE HAS Dl.SPLAYED IN HIS

SERVICES IN OREGON AND CALIPORNIA.

Still lower down on'the scabbard is a representation of a buffalo hunt.

And elegant and costly gold-mounted belt, having the present arms of
the State on its clasp, presented by the Ladies of Charlesto.v, accom-
panied the sword.

TIIK COUUT MARTIAL.

223

Major R. Delakikm), Corps of Engineers,

Urtjvot Major (J. A. McCall, Assistant A(ljufant-(h'noral, afterwards
cxciisoil on account of ill hoiiltli, ami Colonel T. F. Hunt, Deputy
Qufirttr MaHtr (/'eucral, appointed in his place,

Major F. W. Moiujan, l\tU Infantry.

Capt. Jolin F. Lee, of the Ordntinco Department, was
appointed judge advocate of tlie court, and Col. Tlioa.
U. JJenton, father-in-law, and Wm. Carey Jones,
brother-in-law of the accused, were selected to conduct
the defence.

The charffes acrainst him were three in number.
1. Mutiny'. 2. Disobediencp: of the Lawful Command
OF A Superior Officer, and 3. Conduct to tue Pkeju-
DicE OF Good Order and Military Discipline.

The trial commenced on the 2d day of November,
IS-iT, and concluded on the 31st of January, 1848,
when a rerdict of guilty was brought in on each of the
charges, and Col. Fremont was sentenced to be dis-
missed from the service.

The interest of this, probably the most memorable mili-
tary trial ever held in the United States, has long since
passed away. Tlie principal prosecutor was called to
his last account a few weeks after the trial closed, and
there are few, if any, left who caie now to inquire into
the motives which actuated him in the course he chose
to pursue towards his gallant subordinate. The general
tenor of the controversy has been disclosed in the
preceding pages. Such additional information as may
be requisite to an appreciation of Col. Fremont'*
motives in tiie delicate situation in which he was
placed between the rival commanders, may be found
in the masterly defence which he read to the court, and
wliich we now submit to the reader with entire con-
fidence, that whatever may be his judgment as to the

IS. ii u

224

LIFE AND SERVICES OF JOHN C. FREMONT.

If,

1 Ml

ill

techiiiciil i)ropricty of the verdict, he will be constrained
to admit, that hud Fremont omitted to cooperate witli
(Stockton when and as he did, or had he abandoned him
afterwards, as General Kearney directed him to do, and
when his abandonment mi<^ht have been constrned into
a condemnation of a coarse of action which he not only-
approved but advised, he would have justly forfeited,
not only his own self-respect, but that generous public
sympathy which actually stripped the verdict cf all
its terrors, even before it reached him.

DEFENCE OF LIEUT. COL. FKEMONT.

" Mr. Presiuent : Tlie crimes with which I stand clijxrged
are, 1. Mutixv. 2. Disobedience of orders. 3. Conduct
prejudicial to good order and discipline. Either of these
would be sufficiently grave in itself; united, they become an
assemblage of crimes probably never before presented against
an American officer. They descend from the top to the bottom
of the militaiy gradation of crime ; from that which is capital
and infamous, to what involves but little of disgrace or punish-
ment ; but from the whole of which it becomes me to defend
mysnif, and from each, in its order, according to the degree of
its enormity.

"The crime of mutiny stands at the head of military oflences,
and, in this case, is presented with all the aggravations of which
it is susceptible ; rank in the ofiender — time of war — in a for-
eign country — base and sordid motive — willful persistence.

" It is the most dangerous of military crimes, and, therefore,
the most summarily and severely punished. Any officer present
at a mutiny becomes the judge and punisher of the otfence upon
the instant, and may kill the mutineer upon the spot, without
trial or warning. More than that, he becomes a great otleiuler
himself if he does not do his utmost to suppress the mutiny
which he witnesses, and may be punished with death, or such

THE DEFIONCE.

225

otlior pimislimont as a f-ourt-martial may award. Tt is the only
case in which doath mav be iiitlicte*! without trial ; in all otlior
cases, the siipposeil otrciider is piTsuniod to In- innocent until ho
is (;onvicted, ami (.-annot ho jmnished until ho has boon tried.

" Of this great crime, with all the aufo^ravatiuns of which it is
susceptible, I am charc^ed to have been ufuilty, and continuously
BO, from the 17th day of January, 1847, to the 0th day of May
following, both days inclusive ; during all wliich time I was
liable to have been killed by any ofhcer present who believed
nie guilty. I was not killed ; but am now here to be tried, and
with the presumption of guilt against me from the fact of being
ordered to be tried.

" The order to put an officer upon trial is a declaration, virtu-
ally 80, on the part of the high authority giving the order, of
probable guilt. It is equivalent to the ' true hiW endorsed by
the grand jury on the bill of indictment ; and, in this case, is
equivalent to three such endorsements on three separate bills,
for three several crimes; for the order for my trial extends to
the three ditlerent charges upon which I am arraigned, and with
the trial of the whole of which this court is charged.

*' utiny is not defined in the United States rules and articles
of war, or in the British mutiny act from which they are copie^J,
and the decisions, as to what will constitute the ciime, are very
various in both countries, I only refer to this want of definition
of the ort'ence, and to these various decisions, to say that I havo
no objection, in my own case, to have iny conduct judged by
any case that was ever decided to bo mutiny, either in this coun-
try or in Great Britain, strange and extraordinary as some of
these cases may appear.

" The first act of this ci'ime, alleged against me, is found in
this letter, set cut as the basis of specification first in charge
first. — [Sec letter of January 17, 1847, ;>a/7C 192.)

" If this letter is mutiny, Mr. I'resident, I shall now add
another aggravation to the five aggravations already attending
it; I shall justify it before this court! and now most respect-

10*

22G

l.IFK AND SKIiVICKS OF JOIIN C. FREMONT.

/, I

II!,

'ill

fully (loclnrft that I would write the same lottcr over aijain under
tlm same ciictiinstMnces. Hut heiriif prosccutr'tl for it, I ain
bound to dct'eiid myself, and proceed to do it.

" I am happy to find that my rights, in one respect, are at
least equal to theirs — that of stating my own ease as fidly as
they stated theirs, and showing how I became principal in a
contest which was theirs bel'ore I heard of it, or came near
them ; ami which, as suo-jrested heretofore, oiiQ^ht to have beet)
settled between tlieniselvea, or by tlie jjrovernment, whoso author-
ity they botli bore. A Hid>orilitiate in rank, as in the contest,
lon<if and secretly marked out for prosecution by the command-
ing general, assailed in newspaper publications when three thou-
saml miles distant, and standing for more than two months
before this court to hear all that could be sworn against ray
private honor as well as against my ofHcial conduct, I como at
last to the right to speak for myself.

" In using this privilege, I have to ask of this court to believe
that the preservation of a commission is no objoct of my defence.
It came to mo, as did those which preceded it, without asking,
either by myself, or by any friend in my belialf. I endeavored
to resign it in California, through General Kearney, in March
last (not knowijig of bis design to arrest me), when it was less
injurious to me than it is at present. Such as it now is, it
would not be worth one moment's defence before this court.
But 1 have a name which was without a blemish before I
received thai coumiission ; and that name it is my intention to
defend.

In the winter of 1845-6, I approached the settled parts of
Upjtor Calitbrnia with a party of sixty-two men and about two
hundred horses, in my third expedition of discovery and topo-
graphical survey in the remote regions of the great West.

" I was then brevet caj)tain in the corps of toi)ographical engi-
neeis, and had no rank in the army, nor did an otHcer or soldier
of the United States armv accompany me.

The object of the expedition, like that of the two previous

"'I

(lier

lOUS

THE DEFENOR.

227

ones, was wholly of a scionlilic cliariK'tcr, without the lonst view
to military oporatioiis, and with tho clt't«'rmiiiation to avoid them,
as hoitiiT not only iinatithoiizod by tho povorninont, but, dotri-
niental or fatal to tho pursuit in which I was onfjaijo 1. The
men with me were citizens, and soino Dt.'lawarc Indian", all cm-
ployed by myself on wajxc*, and solely intended for protection
Afjfainst savacfes, and to procniro subsistence in tlio wilderness,
and often desert country, through which I had to pass.

"I had left the United States in Mav, 1845 — a year beforo
the war with Mexico broke out ; but I was aware of tlie actual
state of artairs between tho two countri !S, atid beinij determined
to give no cause of offence to tho Mexican authorities in Cali-
fornia, I left my command at the distance of about two hundred
miles fiom Monterey, and proceeded, almost alone, to the nearest
military station, that of Now Helvetia (or Sutter's fort), and
obtained a passport (which I now have) for myself ami attend-
ants to proceed to Monterey, tho residence of the comiiiandant
general or deputy governor. General Castro.

"Arrived at Monterey, I called upon the commandant and
other authorities, in company with tho United States consul, and
with all tlic formalities usual on such occasions, and was civilly
received. I explained to General Castro the object of my com-
ing into California, and my desire to obtain permission to winter
in the valley of the San Joaquin, for refreshment or repose,
where there was plenty of game for the men and grass for the
horses, and no inhabitants to be molested by our presence.
Leave was granted, and also leave to continue my exploration*
south to the region of the Rio Colorado and of the Rio Gila.

" In the last days of February, I commenced the march south,
crossing into the valley of the Salinas, or Buenaventura, and soon
received a notification to depart, with information that Gen. Cas-
tro was assembling troops with a view to attack us, under the
pretext that I had come to California to excite the American
settlers to revolt. The information of this design was authentic,
and with a view to be in a condition to repel a superior force,

Bill

h\i

til

'h i!

ill

< I

228

LIFE AND SERVICES OF JOHN C. FKEftlONT.

provided with cannon, I took a. position on the Sierra, called the
Hawk's Peak, entrenched it, raised the flag of the United States,
and awaited the approach of the assailants.

"At the distance of four miles we could see thein, from the
Sierra, assembling men and hauling out cannon ; but they did
not aj)proach nearer ; and after remaining in the position from
the 7th to the 10th of March, and seeing that we were not to be
attacked in it, and determined not to compromise the govern-
ment of the United States, or the American settlers, who were
ready to join me at all hazards, I quit the position, gave up all
thoughts of prosecuting my researcues in that (.lirection, and
turned north towards Oregon.

"Disappointed in the favorite design, of examining the southern
parts of the Alta California, and the valley of Rio Colorado and
Gila, I formed another design Avhich I hoped would be of some
service to my country, that of exploring a route to the Wah-lah-
math settlements in Oregon, by the Tlamath lakes ; and thence
to return to the United States by a high northern route, explor-
ing the country in that direction. In pursuance of this plan,
and before the middle of May, we had reached the northern shore
of the Great Tlamath lake, within the limits of Oregon, when we
found our further progress in that direction obstructed by impas-
sable mountains, and hostile Indians, of the formidable Tlamath
tribes, who had killed or wounded four of our men, and left us
no repose either upon the march or in the camp.

" We were now at the north end of the Greater Tlamath lake,
in the territory of Oregon, when on the morning of the 9th I was
surprised to find ride up to our camp two men — one turned out
to be Samuel Neal, formerly of my topographical party, and his
companion, who quickly informed me that a United States offi-
cer was on my trail, with dispatches for me, but he doubted
whether he would ever reach me ; that he and his companions
had only escaped the Indians by the goodness of their horses ;
and that he had left the officer, with three men, two days
behind.

THE DEFENCK.

229

ft us

ake,
was
out
his

loffi-
)ted

lions

Lses ;
lays

•'Upon the spot I took nine men, four of them Delaware
Indians, coasted the western shore of the hike for sixty miles, and
mot the party.

'* The oflicer was Lieutenant Gillespie. He brought me a letter
of introduction from the Secretary of State (Mr. liuchanan), and
letters and papers from Senator Benton and his family. The
letter from the secretary imported nothing beyond the introduc-
tion, and was directed to me in my private or citizen capacity. The
outside envelope of a packet from Senator Bentort was directed
in the same way, and one of the letters from him, while appar-
ently of mere friendship and family details, contained passages
enigmatical and obscure, but which I studied out, and made the
meaning to be that I was required by the government to find out
any foreign schemes in relation to the Californias, and to coun-
teract them. Lieutenant Gillespie was bearer of dispatches to
the United States consul at Monterey, and was directed to find
me wherever I might be ; and he had, in fact, travelled above
six hundred miles from Monterey, and through great dangers, to
reach me.

" He had crossed the continent through the heart of Mexico,
from Vera Cruz to Mazatlan, and the danger of his letter falling
into the hands of the Mexican government had induced the pre-
cautions to conceal their meaninrr. The arrival of this officer,
his letter of introduction, some things which he told me, and the
letter from Senator Benton, had a decided influence on my next
movement.

"Three men were killed in our camp by the Indians, the
night Lieutenant Gillespie delivered his letters. We returned to
the camp at the north end of the lake, pursued and waylaid, but
killing two of the assailants without loss.

"I determined to return to the unsettled pirts of the Sacra-
mento, and did so. Soon the state of thino-s in California was
made known to me ; Gen. Castro approaching with troops ; the
Indians of California excited against us ; the settlers in danger
as well as ourselves, and all looking to me for help.

230

LIFE AND 6KRVICES OF JOHN C. TREMONT.

" Wo made conimon cause, and I determined to seek safety, both
for tlietii and ourselves, not merely in the defeat of Ca?tro, but
in the total overthrow of Mexican autliority in California, and
the establishment of an independent government in that exten-
sive )>roviiu;e. In concert, and in co-operation with the Ameri-
can settlers, and in the brief space of about thirty days, all was
accomplished north of the Bay of San Francisco, and indepen-
dence declared on the 5th day of July. This was done at
Sonoma, where tlie x\merican settlers had assembled. I was
called, by my position, and by the general voice, to the chief
direction of affairs, and on the next d.-xy, at the head of 160
mor.nted riflemen, set out to find Gen. Castro. He was then at
Santa Clara, on the south side of the bay, in an entrenched camp,
with 400 men and some pieces of artillery. We had to make
a circuit round the head of the bay, and on the 10th day of
July, when near Sutter's fort, we received the joyful intelligence
that Commodore Sloat was at Monterey ; had taken it on
the Vth, and that war existed between the United States and
Mexico. Instantly we pulled down the flag of independence, and
ran up that of the United States.

" A dispatch from Commodore Sloat requested my co-opera-
tion, an<i I repaired with my command (IGO mounted rifles) to
Monterey. I was ready to co-operate with him, but liis health
requiring him to return to the United States, he relinquished
the command to Commodore Stockton. He (Commodore Stock-
ton) determined to prosecute hostilities to the full conquest of
the country, and asked not co-operation, but service under him.
He made this proposal in writing to Lieutenant Gillespie and
myself. We agreed to it, and so did our men, the latter, as
Commodore Stockton so emphatically testified before this court,
refusing to stickle about terms and pay, giving their services first,
and trusting their government, far distant as it was, to do them
justice.

" Commodore Stockton has proved the terms of our engage-
ment with him, and that we became a part of the naval forces

H", as

)UVt,
Ifil'St,

lliem

tage-
)vce9

THE DEFENCE.

231

under his command. I wont under liim with pleasure. I was
glad to be relieved from the resjionsibilities of my position. At
the same time I had no doubt but that the riflemen with me
would have chased Castro, with his troops, out of the country,
and that the Californian population might be conciliated. If
Commodore Stockton had not taken the command and lead in
the war, I should have continued the work as I had begim it,
with the men of my topographical party, and the American
settlers, and had not, and have not, a doubt of our success.

"We (Lieutenant Gillespie and myself) joined Continodore
Stockton and myself for the public good, and with some sacrifice
of our independent positions. Neither of us could have been
commanded by him except upon our own agreement. I
belonged to the army, and was at the head of the popular
movement in California. The common voice of the people
called me to the head of affairs, and I was obeved with zeal and
alacrity. Lieutenant Gillespie was of the marines, and was,
besides, on special duty, by orders of the President, and no offi-
cer of any rank could interfere with him. We might have con-
tinued our independent position, and carried on tlie war by land.
We judged it best for the United States to relinquish that inde-
pendence, take service under Commodore Stockton, obey him ;
and we did so. His testimony is complete on this point. We
became part of the naval forces. We went under the command
of the naval commander on that station; and it was to the naval
commanders there that the President had specially assigned the
conquest of California. The California battalion of mounted
riflemen was then organized, Commodore Stockton appointing
all the officers, myself being appointed major, and Lieutenant
Gillespie captain. From that time we were part of the naval
forces for the conquest of the country.

" I omit, details of naval or military events, in order to come
to the point which concerns me.

"On the 13th of August, 184(3, Commodore Stockton, as con-
queror, took possession of the City of the Angels, the seat of the

«!

'if'

232

LIFE AND SERVICES OF JOHN C. FREMONT.

i w

I ; m

i !l!

I t

governors general of Ciilifornia. On the iVth he issued a pro-
chiiiutcion, or <le(-ec, as such, for the notitiisatiou and govern-
ment of the inhabitants, followed by many others in the same
(;haracter, and for the better government of the con(juered
country.

"On the 28th of August, he communicated all these acts to
the government at liome, stating in the communication that,
wlien lie should leave California, he should appoint Major Fre-
mont governor, and Captain Gillesj)ie secretary. Four days
before that time, namely, on the 24th of August, and in antici-
pation of his own speedy return to the sea, for the protection of
American commerce and other objects, lie appointed me military
commandant of the territory, and charged me with enlisting a
suflicient force to garrison the country, and to watch the Indians
and other enemies. In that letter is this paragraph : ' I pro-
pose, before I leave the territori/, to a])point you to be (jovernor^
and Captain Gillespie to be secretary ; and to appoint also the
council of state, and all the necessary officers. You ivill, there-
fore jvocccd to do all you can to further my views and intentions
thus frankly manifested. Supp)Osing that by the 2b th of Octo-
ber you ivill have accomjylished your part of these preparations^
I will meet you at San Francisco on that day, and place you as
yovernor of California^

" A copy of this letter, with a copy of all the rest of tlio acts
of Commodore Stockton, as governor and commander-in-chief in
California, was sent to the Navy Department at the time
(August, 1840), by Mr. Christopher Carson, who was met by
Genei'al Kearney, below Santa Fe, on the Rio Grande, and
turned back, the dispatches being sent on by Mr. Fitzpatrick,
and were communicated to Congress with the annual message
of the President of December, 1846, and are printed in the
documents attached to the message, from page GG8 to GTo,
inclusively." *******

"It is then certain that, in November, 1846, the President had
full knowledge of Commodore Stockton's intention to appoint

THE DEFENCE.

233

me governor, when be shoiikl return to his ship, to wit, by the
25th of October; and in hk niessao;e spoive of all his acts in
organizing a civil governinr.nt in a way to imply (Mitire appro-
bation. At the san)e time that Commodore Stockton sent his dis-
patches, I also wrote to Senator Benton, giving a brief account,
for Ins own information, of what had taken place in California,
and especially on the great point of having joined the American
settlers in raising the tlag of Independence, and overturning the
Mexican government in California. It was done before we had
knowledge of the war. I felt all its responsibilities, moral and
political, personal and ofRcial. It was a resolve made by me,
not merely upon serious but upon long and painful reflection. I
wrote to Senator Benton, if my conduct was not approved, to
give in my resignation, and sent a blank for him to fill up to
that effect. Happy had it been for me had the government then
disapproved my conduct !

" And here it becomes me to state sometliing, which justice to
myself and other-s, and regard for history, requires to be known.
A few facts and dates will establish a great point.

"Commodore Sloat arrived at Monterey on the 2d day of
July ; he did not take it ; he hesitated. On the Vth, he did.
He had by that time heard of ray operations, and supposed I
had positive instructions. On the loth of July, Commodore
Stockton arrived; on the 10th, Admiral Seymour, in the Col-
lingwood, of 80 guns; on the 19th, the mounted force, under
Lieutenant Gillespie and myself. Upon priority of time in somo
of these events probably depended the fate of California. Com-
modore Sloat's action was determined by mine. His action, on
the 7th, anticipated the arrival of Admiral Seymour, who found
the American flag flying whore it is })robable he came j):epared
to be invited to raise the British.

" California was saved, and also the grant of tlie tliree thou-
sand square leagues of land to the Irish priest, Macnamara (all
the original papers of which I have, to deliver up to the govern-
ment), was left incomplete, and t'ae land saved, as well as the

234

LU^E AND SI'1R^^CK8 OK JOHN 0. FREMONT.

sclienie of coloniziition defeated. History may some day verify
these events,* and show that the preservation of California, and
tlie th'feat of the three thousand s(iiiarc leagues grant, covering
the vallev of llie San Joatjuin, was owing to the action which
determined the a<;tion of Conunodore Sloat.

"I left Los Angeles early in Sejjteniber. The insurrection
broke out there in the same month, and soon spread over all the
soutJiern half of California. It extended to near Monterey. It
delayed Commodore Stockton's return to tlie sea, and deferred
my own ap])ointment as governor. Instead of being occupied
in arrangements to be at San Francnsco, on the 25th of October,
to be jilaced *aj governor over (JaUfornia^ I was engaged, with

* A Catholic priest, named Eiigonio Macnaniara, in the year 1845 and
the early j>art of ISKi, was domesticated with the British legation at the
city of Mexico. During that time he made ai^plicalion for a grant of
land for the purpose of establishing a colony in California. lie asked for
a square league, containing, 4,428 acres, to he given to each family, and
that each child of a colonist should have half a square league. The ter-
ritory to he conveyed to him should be around San Francisco Bay,
embrace three thousand square leagues, and include the entire valley of
the Sail Joarpiin. lie agreed to bring a thousand families at the begin-
ning. Ilis object is stat<Hl in hts memorial to the Mexican President, in
these words :

" I propose, with the aid and approbation of your excellency, to place
in Ui)per California, a, colony of Irish Catholics. 1 have a triple object
in making this proposition. I wish, in the first place, to advance the
cause of Catholicism. In the second, to contribute to the happiness of
my countrymen. Thirdly, I de.sirc to fut an ohi^tacle in the way of fur-
ther nsHrpatiotis on the part of an irrcVirflou^ and antl- Catholic nation.''^

His proposal was favorably entertained by the central government.
It was referred, for a final decision, to the landholders and local authori-
ties of California. Conventions wore about being held to perfect the
arrangement. Macnamara was landed, from the British frigate Juno,
one of Sir (leorge Seymour's fleet, at Santa Barbara, just at this time.
Everything was ripe for a final settlement of the whole matter; and
by virtue of this grant of land to Macnamara, the whole country
would have pas.<?ed under British protection. — Uphain''s Life, of Fremonty
p. 229.

THE DEFENCE.

235

little other menus than personal influence, in raising men from
tlio Aniorican sitilonients, on the »SacrauienLo, to ^o south to
sui)i)rc'ss the insurrection.

" With a small body of men, hastily raised for the emerii,-e!icy,
I embarkeil, according to Coinuuxioro Stockton's orders, lirst, in
boats to descend the bay of San Francisco, and tlien, in the siiip
Steilinu:, to ijo down the coast to Santa Barbara. We had left
our horses, and expected to obtain remounts when we landed.
Two days after our departure from San Francisco, we fell in with
the merchant ship Vandalia, from which I learned, and truly,
that no horses could be had below; that, to keep it out of our
hands, the Calitbrnians had driven all their stock into the inte-
rior, and that San Diego was the only point left in possession of
the Americans. I therefore determined to return to Monterev,
and make the march overland. I did so, and there I learned, on
the 27Lh of October, tiiatl had been aj)pointed lieutenant-colonel
in the army of the United States. It was now the month of
December, the beginning of winter, and the cold distressing rains
had connnenced. Everything had to be done and done quickly,
and with inadequate means. In a few weeks all was ready ; 400
men mounted; three pieces of artillery on carri<ages : beef cat-
tle procured ; the march commenced, I omit its details to men-
tion the leading events, a knowk Ige of which is essential to my
defence. We made a secret march of 150 miles to San Louis
Obispo, the seat of a district commandant; took it by surprise,
without firing a gun ; captured the commandant, Don Jesus
I'ico, the head of the insurrection in that quarter, with thirty-
five others, among them the wounded captain who had com-
manded at La Natividad. Don Jesus was put before a court
martial for breaking his parole, sentenced to be shot, but par-
doned. That pardon ha 1 its influence on all the subsequent
events; Don Jesus was the cousin of Don Andreas Pico, against
whom I was going, and was married to a lady of the Cavillo
family ; many hearts were contpiered the day he was pardoned,
and his own above all. Among the papers seized, was the origi-

i! kti

23G

LIFE AND SERVICES OF JOHN C. FKEMONT.

'■i\ ■!■

Tial dispatcli of General Floras, which informed us of the action
of San rasijual, hut without knowint^ who cominaiided on the
AnuM'ican side. Don Jesus Pico attached himself to my person,
and remained devoted and faithful under trying circumstances.
We pursued our march, passing all the towns on the way without
collision with the people, but with great labor from the state of
the roads and rains. On Christmas day, 1846, we struggled on
the Santa Barbara mountains in a tempest of chilling rains and
winds, in whicli a hundred horses perished, but the men stood to
it to their honor. They deserve mention, for they are not paid
yet.

" We passed the maritime defile of the Rincon, or Punta Gorda,
without resistance, flanked by a small vessel which Commodore
Stockton had sent to us, under Lieutenant Selden of the navy. A
corj)s of observation, of some 50 or 100 horsemen, galloped about
us, without doing or receiving harm : for it did not come within my
policy to have any of them killed. It was the camp of this corps
which Captain Ilainlyn passed, to give me Commodore Stockton's
orders, whicli he found in the " camp of the willows," as said in
his testimony. The defile of San Fernando was also passed, a corps
which occupied it falling back as the rifles advanced. We entered
the plain of Couenga, occupied by the enerny in considerable
force, and I sent a summons to them to lay down their arms, or
fight at once. The chiefs desired a parley with me in person. I
went alone to see them (Don Jesus Pico only being with rae).
They were willing to capitulate to me ; the terms were agreed
upon. CommLssioners were sent out on both sides to put it into
form. It received the sanction of the governor and commander-
in-chief, Commodore Stockton, and was reported to the govern-
ment of the United States. It was the capitulation of Couenga.
It put an end to the war and to the feelings of war. It tranquil-
ized the cotmtry, and gave safety to every American from the day
of its conclusion.

" My march from Monterey to Los Angeles, whicli we entered
on the 14th of January, was a subject for gratulation. A march of

i ill!

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THE DflFENCfi.

237

400 miles tlirough an insurgent country, witliout spilling a drop
of blood — conquering by clemency and justice — and so gaining
the hearts of all, that, until troubles came on from a new source, I
could have gone back, alone and unarmed, upon the trail of my
march, trustincr for life and bread to those alo'ie amonrr whom I
liad nuirched as conquerer, and whom 1 b.?''c '.een represented as
plundering and oppressing? I anticipate the order of time, but
preserve the connection of events by copying here from an origi-
nal private letter to Senator Benton, written at Los Angeles, the
3d of February, 1847, received by him in May at St. Louis, and
sen t to the President for his reading, whose endorsement is on
the back, in his own liandwriting, stating it to have been re-
ceived from Mr. Christopher Carson on the 8th of June.

"Had it not been for the treatment I have received, the secret
purpose to arrest, the accumulated charges, tlie publications
against me, and other circumstances of the prosecution, I should
have been willing to have read that paper to the court as my
sole defence against this charfj3 of mutiny ; as things are, I copy
fiom it merely some passages, which illustrate what I have said
of the effects of that march from Monterey, and the capitulation
of Coueufja.

" ' Knowinir well the views of the cabinet, and satisfied that it
was a great national measure to unite California to us as a sister
State, by a voluntary expression of the popular will, I had in all
my marches through the country, and in all my intercourse with
the people, acted invariably in strict accordance with this impres-
sion, to which I was naturally further led by my own feelings. I
had kept my troops under steady restraint and discipline, and
never permitted to them a wanton outrage, or any avoidable des-
truction of property or life. The result has clearly shown the
wisdom of the course I have pursued. * * * *

" ' Throughout the California population, there is only one
feeling of satisfaction and gratitude to myself. The men of the
country, most forward and able in the revolution against us, now
put themselves at my disposition, and say to me, " Viva ustcl sc-
guro, ducrme anted aeyuro''^ (live safe, sleep safe), "wo ourselves

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238

LIFE AND fiKKVIC158 OF JOHN C. FRKMONT.

tf j.t

1 ;

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will w.'itch over the traiKjuillity of tl»o country, ami nothing can
happen whirh shall not be known to you." The unavailing dis-
Ralisfaction on the pait of (our)o\vn peoj)lc, was easily re]<resse(J ;
the treaty was ratitieil.'

"'1 tei'niinate my narrative at tlio capitulation of Coucnga
because at that point I got into coininunication with niy two
8Ui)eriors, became involved in their dillicultics, and the events
began for which I am prosecuted.

''From this point the evidence begins. My narrative, intend-
ed to be brief anil rapid, was necessary to the understanding oj
my position in California, and brings me to the point of the pur
ticular offences charged against me.

"Mutiny is tirst in the order of the charges, and the first speci
fication under it is, for disobeyin,^ the negative order of General
Kearney, in relation to the re-organization of the California batta-
lion.

"Governor Stockton gave me an order to re-organize it. Gen-
eral Kearney sent me an order not to re-organize it; this on the
16th of January, in the night. The next morning I informed
General Kearney, by letter, that I though the and Govt rnor
Stockton ought to adjust the question of rank between them-
selves ; and, until that was done, I should have to obey Commo"
dore Stockton, as theretofore ; and gave some statement of facts
and reasons for my justification.

'• This letter constitutes the alleged act of mutiny ; the ingre-
dient of a corrui>t motive, in trying to trade for a governorship,
has been since added ; and now, let the accuser and prosecuting
witness spe;ik for himself.

" On the first day of his examination. General Kearney testifies
thus ;

"' On the day subsequent, viz., on l7th of January, Lieuten-
ant Colonel Fremont ca7ne to my quarters, and in conversation, I
asketi him whether he had received my communication of the
day previous ; he acknowledged the receipt of it, and stated that
he had written a reply and left it with his clerk to be copied.

'"About this time, n pprmn entered the room with a paper in

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THE DEPKNCE.

239

liis liand, wliicli Lioiiteu.int Colonel Fremont took, overlooked,
nnd then useil the pen upon my tahlo to s\<rn it; his r/erk\\ii\'\\\<r
toltl him that the siurriatme was wanrini^ to it. He then handed
it to n)o. At mv request, Lieutenant Colonel I'Veinont took a chair
])y my table while I read the letter.

••' Ilavinir tinished the reading' of it, I told liin) I was hn older
man than himself; that I was a much older soldier than iiimself;
that 1 had a c^reat respect and rei^ard for his wife, and Lfrcat
friendship for his father-in-law, Colonel Ik'iiton, from whom 1 had
received inanvactsof kindness; that these consitlerations induced
me to volunteer advice to him ; and the advice was, that he shoidd
take the letter back and destroy it ; that I was willing to forget it.
Lieutenant Colonel Fremont t/ec^mcf/ taking it back, and told mo
that Commodore Stoc^kton would support him in the position taken
in that letter. 1 told him that Commodore Stockton could not
support iiiu) in disobeying the oi'ders of liis senior oj/icer, and that
if ho 2)crsisted in it lie would unquestiomdjlij ruin himself, lie
told me that Commodore Stockton sswa about to organize a (;ivil
government, and intended to appoint iiiin governor of the territory.
1 told him Commodore Stockton had no su(di authoritv, tluit
authority having been conferred on mo by the President of the
United States. lie asked me whether I ivould (appoint him
governor? I told him that I expected shortly to leave California
lor Missouri ; that I had, previously to leaving Santa Fe, asked
permission to do so, and was in hopes of receiving it; that, as
soon as the ('ountry should be quieted, I should, most probably,
organize a civil government, and that I at that time kneio of no
objection to appointing him as the governor. He then stated to
me that he would see Commodore Stockton, and that unless he
app<iinted him governor at once, he would not obey his orders ;
and he left me.'

" This is the evidence on whicli the prosecution rests the convic-
tion, both for the fact, and its imputed baso motive; and at this
point the defence begins, and will be directe<] at once to both
motive and fact, with tlie belief of showinrr each to be untrue.

2+0

MFi: AND fil.UVICKrt OK JOHN C. KIIKMONT.

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" Firxf, AS to tlio proh.'ihility of this testimony in nil that itnpute!!
the (IJRhononihh) ('otuliict to mo, which is pro.seutod ,'is tho motivo
of tho tnoolitu;.

** I lioUl it to ho improhalilo on it*, face, and srlf-ovidonlly unwor-
thy of crodit. It represents mo as ooinini^ to (.leneral Ivoarney's
(juartcrs without invitation, siirning a letter in hispresenco which
1 hail (lireotod to ho hrou-^dit after me, ,u:ivinijf it to him to read,
and rofiisinu; to take it hack and ac(!opt his pardon and oblivion for
havincf written it. The writinu^ of tho letter was avowed at tho
outset of the trial ; the (piestion now is upon wliat passed at the time
of its deliverv. 'i'he letter contained reasons which ])laccd mv
refusjil to obey his order on hi^h jrrounils of fact and law ; tho
testimony presents me as descending at once from all those high
reasons to the low and base proposal of virtually sellina^ ujysolf
to tho best bidder himself or Commodore Stockton, for a jrovornor-
ship. Accordinir to the testimony, tho proposal was abrupt.

" ' lie asked mo whether I would appoint iiim governor?' and
this sudden otter to sell myself, in a case in which tho purcliaser
would be about as censurable as the seller, far from exciting
indignation, seems to have boon courteously entertained; and far
from being instantly rejected, seemed to be accepted, provided a
little time was given for p;iyment. 'I (General K.) then told
liim that I expected shortly to leave California for Missouri, <fec.,
etc., and that I, at that time, knew of no objections to appointing
liitn as governor.' Thus, he had no objections to the transaction —
only wanted a little time for performance. I, on the contrary,
was for prompt work ; for the testimony immediately says: ' lie
then stated to me that ho would see Commodore vStockton, and
unless he appointed him governor at once, he would not obey his
orders ; and he left me.'

"This is the spirit of trade, with its very language and action,
with the clear implication that 1 immediately went to Commo-
dore Stockton, and not coming back, had received the appoint-
ment ;it once. Now, all this is too cool and quick.

" It is im robablo on its face, especially coupled with tho

THE I)KI'KN(;i:.

241

fact that I left, the luttcr in his hands, after his warninj;^ of im-
c]m'stional»I(5 ruin, \vhiili mnv constitutt^s the aIK'L,^e(l a(;t of
mutiny, and so put myself couiidt^lely in his power, both for the
fact and the alle<;ed motive. The testimonv is improbable.

" ScconJli/y I hold it to be iiivalidatoil on the <'ross-exami-
nation.

"This is tlio n(!.\t point of view in which I pro|)osf» tooxanilna
this part of the testimony. Alter his examination catn(i his
cross-examination ; and by means of that proinj and sharp
searcher after truth, (.-ame out many (iinMinistanees to invalidalo
the first svvearint;". Thus, the testimony o])ens with sayini;; ' Lieu-
tenant Colonel Fremont came to my <piarters,' itc., the infer-
ence boins^, that I camo of my own head ; and, from the sud-
den manner in which I ojiened the subject, tlie further inference
being, that I came for the governorship ; and third inference
being, from my sud<len exit and eagerness to see Commodore
Stockton, that my whole business was to see from wliicli I couhl
get the governorship the soonest. Now, if I did not come of
my own head — if General K. himself actually sent for me, and
desired to see me on business — then all these inferences, so injuri-
ous to me, fall to the ground ; and tlio very lirst words spoken
by the witness, though literally true, become untrue testimony,
and impart a character to the interview which the truth re-
quires to be reversed. Now let us see liow the fact is.

" On the eighth day of the trial, this question was put to
General Kearney : * Did he (Lieutenant Colonel Fremont) como
of his own head (as your statement implies), or did you invito
him?'

" The answer to that question was this : ' I have no recollection
of havinjo: invited hira to come.' On hearinof tliis answer a small
slip of paper with a few words written upon it was exhibited to
the witness, and this question addressed to him : ' Is this paper
an original?' The word original was used on purpose to
remind the witness of what had occurred on the first day of the
trial, and to show the court that the implication then gratui-

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242

LIFE AND SKUVICKS OK JolIN C. FUICMONT.

tously raised ajjaiiist nie as a person who would destroy originals,
was about to receive a retributive rebuke. To tliis question and
slip of paper, tlie witness answered : ' That is my writing, and
that is my note.'

" The note was tlien read and was in these words :

" 'January 17.
" 'Dear Colonel : I wish to see you on business.

'"S. W. Keapney,

'^ ' liri/jadier General.'' "

"This settled the question of the connn}jf, and not only showed
that it was upon General Kearney's invitation that I came his quar-
ters on that day, hut that it was an invitation in writing, and to a
business interview that 1 was invited, and conseiiuently that it was
his seeking and not mine tliat brouglit us together, and his business,
not mine, that was the objeet of the interview. The produetion of
this httle original worked this great change in the character and
etteet of the evidence ; it reversed the character of the coming, and
destroyed all the implications arising from a voluntary coming of
my own head, and for a purpose of my own.

'Mint suppose this little original luid i)een actuallylost ordestroyed,
then the tirst answer of General Kearney, that he had no recollec-
tion of having invited me to come, would have stood with the
etfect of an atlirmation that he had not invited me, and would have
left in full force rll the injurious implications resulting from a gra-
tuitous visit on such an occasion, and with such a conversa ion
sworn against me.

"As I would have suflTered from implications in the first state of
his evidence, I claim the benefit of them in its corrected form ; and,
further, I present it as an instance of the infirmity of his memory.

" The want of recollection in the witness in this inqjortant particu-
lar, I am instructed by counsel to say, goes to the invalidation of
his testimony with respect to the whole interview. The circum-
stance was an important one. It was a key to the character of the
interview : it decided the character of the interview as being at his
instance or mine. It decided it to be a business interview, and that
business his, and not mine. It precludes the idea of my coming to
him for any purpose wlmtever ; it fixes the fact that he sent to ma

THE DEFENCK.

9Ar>

for a purpose, and that not a conunon one, as ho invited me to an
interview, which Avas u private one, at his own quarters. General
Kearney was then in tlie crisis of liis dilfi(;ulties with Governor
Stockton ; he was making a last effort to get me to join Iiim.

"The next circumstanco of invalidation which I mention, arisin{<
from liis own testimony, is in this statement : ' lie told mo that
Commodore Stockton was about to organize a civil government, and
intended to appoint him governor of that territory.' Now, it ap-
pears hy liis own letter to Commodore Stockton of the IGth of
January, that he knew that Governor Stockton was then engaged in
appointing civil oflicers for tho territory; that, as to intending to
appoint me, I could not have said so, hecause I had heen virtually
appointed since Septend)er of 184(5, and actually commissioned tho
day before ; and linally, that Governor Stockton had made known
to General Kearney at St. Diego, in December, that he intended to
appoint me, and had so informed the government at Washington.
(Ninth day's testimony.)

"The next circumstance, to invalidate tho witness upon his own
swearing, is, what he says ho stated in reply to tho request to bo
appointed governor, namely, ' that he (General Kearney) at that
time knew of no objection to appointing hiui governor, when ho
left the country,' &c., &c. Time is tho material point in this state-
ment, and this point the witness has fortunately made clear botli
by collocation and cross examination. It is jilaccd near tho end of
the interview, and after the act of meeting, with all its aggravations.
hsul been con.sun\mated in his presence; and tho cross-examination
took place on the ninth day of the trial, and shows that it was after
the supposed crime, for which I am now prosecuted, was consum-
mated in his presence, that ho was able to see no objection to
appointing mo governor of California.

" From this it results that my conduct that day did not appear to
be mutiny, or, that mutiny was no objection to his appointing mo
governor of California. In either event, I present the circumstance
as invalidating his testimonj-, as it is impossible to reconcile the op-
posite opinions of my conduct which tho declaration of that day,
and the prosecution of this day present.

"The next invalidating circumstance which I draw from the cross-
examination, is, in the difference which it exhibits to the first day's
testimony in relation to this alleged upi)liefitioii for the governor-

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24'J:

LIFE AND SERVICES OF JOUN C. FKEMONT.

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if '

ship, and the answer to it. The first day's testimony professes to
give the interview full and complete, and in the exact words of
each 6i)ealcer ; the cro.ss-examination on the 10th day makes mate-
rial variations. The first day's testimony says : " He asked me
whether I would appoint him governor?' That is a single question
as to the fact. The cross-examination adds another, as to time, by
adding, ' and when V — and that led to a corresponding dift'erence

in the answer, by

substituting

a month or six weeks,' for

'shortly.' The cross-examination of the same day, and of the 9th
also, brought the fact of two material omissions in that report of the
conversation of the I7tli. One related to the fact of Lieutenant
Colonel Fremont's urging him (General Kearney) to have a personal
intervies with Governor Stockton, and expressing the belief that all
difliculties between them could be settled in such an interview ; the
other, in bringing out the fact that I appeared to bo greatly dis-
tressed at the dilFerences between tlie two superior ofiicers. Neither
of these important facts are mentioned in the direct testimony, pur-
porting to be verbally exact, and precisely full, neither more nor less ;
but, not only are these points omitted, but, as told, there is no part
of the conversation to which they could be applicable — no place
where they would fit in ; from which the conclusion is inevitable,
that some whole topics, and of a very different kind from these
related, were forgotten in tluit report of a conversation.

" To be distressed at the state of things, between the two superi-
ors, was a different thing from making dissensions between them;
to endeavor to get them together for tlie purpose of reconciliation,
was very different from committing mutiny against one of them.
Yet these circumstances, so important to the fair and just understand-
ing of my conduct and feelings, are wholly omitted in the direct
testimony, and only imperfectly got out in the cross-examination,
without tlie topics to which they belong, and without showing a
place in the reported conversation to Avhich they could be applica-
ble, or made to fit ; thereby implying greater omissions than have
been discovered. As if to deprive me of the merit which these
disclosures implied, the \vitness added, 'Lieutenant Colonel Fre-
mont might have effected an interview between Commodore Stock-
ton and myself; perhaps there were but few others at Los Angeles
who could have done it.'

" I certainly believe I could have effected the interview. Governor

THE DEB^ENCE.

245

Stockton had no objection to it, but General Kearney's sudden
departure the next morning, without notice to me, frustrated any
such attempt at reconciliation. — (Tenth day's testimony, near the
close.)

" The next invalidating circumstance, drawn from the cross-exami-
naiion in relation t (lie same j)oint, is, in not suppressing or endeav-
oring to suppress, the alleged mutiny at the time it is charged to have
been committed.

" The eighth arti^rle of war, copied from the British mutiny act, is
imperative that, ' any officer, non-commissioned officer, or soldier,
who, being present at any mutiny or sedition, does not use his
utmost endeavor to suppress the same, or coming to the know-
ledge of any intended mutiny, does not, without delay, give informa-
tion thereof to his commanding officer, shall be punished, by the
sentence of a general court martial, with death, or otherwise, accord-
ing to the nature of his offence.' As a further ter* to ascertain
General Kearney's opinion of my conduct on that day, the following
question was put to him : ' Did you do your utmost to suppress the
mutiny of which Lieutenant Colonel Fremont is charged with being
guilty in your quarters, and in your presence ?' The judge advo-
cate reminded the witness of Ids privilege to refuse to answer where
he might subject himself to a j>enalty, but the witness did not claim
his privilege, and answered: 'Nothing further passed between
Lieutenant Colonel Fremont and myself in the interview, than what
I have stated ;' (adding, the next day, ' to the best of my recollec-
tion.')

" This is clear, that General Kearney did nothing to suppress the
supposed mutiny, and equally clear that he gives no reason for not
doing so. He was in his own quarters — in the house where his
troops were quartered — and he testified that he does not think Com-
modore Stockton would have used force. The inference is, that
either he did not consider it mutiny then, or that he had some rea-
son, not yet told, for not doing his duty. The former is the pro-
bvable one, because it corresponds with the contemporary declaration
of knowing no objection to appointing me governor, and for the
further reason that it appears, from his own evidence, that he gave
me, in the month of March, several orders to execute, implying trust
and confidence, and wholly inconsistent Avith his duty, under the
eighth article of war, and wholly inconsistent with military usage,
if he then believed me to be guilty of mutiny.

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IJFE AND SERVICES OF JOHN C. FREMONT.

((

' For tliese reasons, I consider his testimony furtlier invalidated
upon his own evidence, drawn out upon liis own examination.

Tiie next circumstance to invalidate the testimony of this witness,
arising out of his own cross-exannnation, is what relates to the
hearer of my letter of tlie 17th of January.

" In his direct testimony, General Kearney spoke of him as being

my clerk. As I kept no clerk, and knowing that Lieutenant Talbott

had copied the letter, and tliat Mr. Christopher Carson had brought it

to me (for in my anxiety at the state of tilings, and hope for some

better understanding, I went in such haste to General Kearney's

quarters, on receiving his invitation, as to leave my letter in the

hands of a copyist, to be sent after me), I undertook to turn his

mind toward the right person, by asking who the person was who

brought that letter. To that question he answered : ' I do not

know. I had never seen liim before ; nor do I know that I have

ever seen him since.' I then put the question direct : ' Was not

that person Mr. Christopher Oarson ? To which the answer was :

'I think not.' This answc>' terminated the interrogatories upon that

point ; and, according to the evidence, tlie fact was established that

not only it was not Mr. Carson who brought the letter, but that it

■was some strange person whom General Kearney liad never seen

before or since. The defect of memory became so glaring in this

instance that it was deemed essential by my counsel to expose it ;

and something, like a Providence, enabled me to do so.

"Mr. Carson, the best witness, had returned to California; Lieu-
tenant Talbott, who copied the letter, and sent him witli it, was the
next best witness; and he had been ordered to Mexico by sea. In
passing some of the Florida reefs, the vessel he Avas iu was wrecked,
but the lives of the passengers were saved, and Lieutenant Talbott,
"with his command, had returned to Charleston. Hearing all this,
an order and summons were dispatched for him ; he came ; and,
being examined before this court, he tostilied to the facts that he had
copied the letter at my request, and sent it after me by Mr. Carson
to General Kearney's quarters. Captain Ilensley gave corroborating
testimony ; and thus the fact established by General Kearney's testi-
mony, that it was not ^Er. Carson who brought the letter, nor any
person that General Kearney had ever seen before or since, was
entirely disproved. Certainly the fact in itself, as to who brought
the letter, was not very material ; but it became eminently so from
ihe answers of the witness. For General Kearney not to know Kit

THE DEFENCE.

•2-tl

Carson ; not to remember liim when lie broiiglit the letter on wIucIj
this prosecution is bnsed ; to swear that he had never seen the man
before or since, who brought that letter,, when that man was the
same express from Commodore Stockton and myself from whom he
got the dispatches ; wliom he turned back from the confines of New
Mexico, and made his guide to California; tl.e man Avho showed
him the way, step by step, in that long and dreary march ; who
was with him in the figlit of San Pasqual : with him on the besieged
and desolate hill of San Bernardo; who volunteered, with Lieuten-
ant Beale and the Indians, to go to San Diego for relief, and whose
application to go was at first refused, ' because he could not spare
him ;' who was afterwards the commander of the scouts on the
march from San Diego to Los Angeles ; not to know this man who
had been his guide for so many months, and whom but few see once
without remembering ; and not only not to know him, but to swear
that he had never seen him before or since. This, indeed, was
exhibiting an infirmity of memory almost amounting to no memory
at all.

" In that point of view ± present it to the Court, and to invalidate
all the testimony of General Kearney, with respect to my words, or
his words in that alleged conversation of the 17th of Januai-y. Acts
and facts are more easily remembered than words ; persons and
things seen are more easily remembered than expressions heard;
and after forgetting his own act, in writing to me to come to see
him on business; after forgetting the fact of seeing the famous Kit
Carson bring the letter which lie has so long saved for this prosecu-
tion, I am instructed, by counsel, to say that the law discredits him
as a witness.

" Thirdly. Discredited by his own conduct.

"I hold that the charge is discredited by General Kearney's own
conduct at the time, in not reporting it to Governor Stockton or to
the government of tlio United States. In neither of the two letters
written by him to Governor Stockton, on the same day when ray
alleged oft'er to sell the California battalion to him for a governorshij.,
accompanied by a menace of revolt against Governor Stockton, is
testified to have taken place, is the remotest hint or allusion to any
such transaction. Now, whatever may have been General Kearney's
opinion of his own rights, and of the refusal of Governor Stockton
to recognize his claims, considerations of public duty ought to liave

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248

LIFE AND SERVICES OF JOIIN C. FREMONT.

prompted him, before going away and leaving the interests of the
country entirely in the hands of Governor Stockton, with a known
intention of presently committing them to me, ought to have induced
him to warn that officer of my conduct, and threat of sedition, if any
such had taken place.

"Oji the other hand, if considerations of public duty arc not the
motive that had influence with him, but, instead, his i)rivate resent-
ments, these also, whether against Commodore Stockton, myself, or
both, would equally have prompted him to tho disclosure, had there
been any to make ; for, if after being informed of such insubordina-
tion. Governor Stockton had still persisted in his intentions towards
me (continuing my command, and leaving me in the governorship),
the witness would have fastened upon both a corrupt intrigue and col-
lusion; or, if Governor Stockton had acted uuon the information, as
would have been i)roj)er to act, and as he probably Avould have a^ted,
namely taken away my comiiiand, and possibly seized my person, then
that ' uxQUKSTioxABLE RUIN,' intimated as in reserve for me, would
have been soon accomplished.

" Had that which is now charged upon me actually taken place,
the suppression of the fact, at that time, when fresh and working in
the mind of the witness, as it must have done, cannot, with tho
reasons and inducements which existed for its disclosure, be accounted
for on any known principle of human conduct.

"Besides these two letters to Governor Stockton of that day, both
silent on this viharge, the witness also wrote to the War Department
on the same day, and reporting both Governor Stockton and myself,
as refusing to obey him, or the instructions of the President ; and
neither in that letter is there the slightest hint or allusion to any
such transaction as General Kearney has now testified to.

'• Tliere is a case at the Old Bailey where a person Avas convicted
mid executed, mainly on the presumption which a very similar omis-
sion lo this raised. It was the case of Governor Wall, tried at the
Old Bailey, 1802, on a charge of murder, committed, under color of
oiliciiil duly, in tlie punishment of a soldier at Goree, ofl" the coast
of Africa, twenty years before.

"The soldier was punished Avith eight hundred lashes, in conse-
quence of which ho died two days after. The defence set up, Avas,
that a part of the troops of the garrison Avere in a state of mutiny,
of which the soldier punished was the ringleader; and that the pun-

THE DEFENCE.

249

ishment was inflicted under the article of war which requires an
oflBcer present at a mutiny to do iiis utmost to suppress it.

"The prosecution i)roved that Governor iVall went away from the
place on the day folio icing the alleged acts of mutini/^ and with him
two officers ; and that^ arriving in England^ he reported, in writing^
to the government concerning the affairs of the garrison but made

NO MENTION OF THE ALI-EGED MUTINY.

" The lord chief haron, Mac Donald, dwelt upon that omission, and
pointed it out to the jury. Tliere was other evidence on the point
of MUTINY or no mutiny ; but it was nearly balanced, and this omis-
sion became the great point in the case. Tlie governor was con-
victed ; and notwithstanding the most powerful efforts to obtain his
pardon, the king (George III.) refused to grant it; and he was hung
at Tyburn, according to his sentence, and his body given up to the
surgeons to be dissected and anatomized.

"The presumption raised in tlie present instance is stronger than
in the one I have quoted. There the report referred only to the
affairs of the garrison generally ; here it relates exclusively to the
subject now in issue. There, if there had been a mutiny, there was
no occasion for the action of the government; for the mutiny, such
as it was, had been suppressed and the nuitincers punished ; here the
report was specially for the action of the government on the case
stated. There, the omission was merely a matter left out, not affect-
ing, in any way, what was put in ; here the omission is of the mate-
rial part, and without Avhich not only an impeifect but a false view
is given to the whole. There, the letter was written six weelcs after
the occurrence, and at a great distance from the scene of it; here it
was written on the spot — the same day. All the reasons for General
Kearney to have reported my alleged mutiny, and the base motive
for it in the imputed attempted bargaining about the governorship, are
infinitely stronger than in the case of Governor Wall. The omission
was a heavy circumstance against him in this case; it must be more
so in the present one; and authorizes me to say that the testimony
of the witness here is discredited by his own conduct, at the time
of these imputed offences.

^'•Fourthly. I now take a more decided view of this testimony in
relation to governorship, and say that besides being imi»robabIe on
its face, invalidated on the cross-examination, and discredited by his
own conduct, it is disproved by facts and witnesses, Tlie imputed

11*

i»l

250

LIFE AND SKRVICK8 OF JOHN C. FRKMONT.

m ■

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bargaining for the governorsliip is the point of the mutiny and the
base and sordid cause of it. Now, if there was no bargaining, or
attempt at it, for the governorsliip, tlien tliere was no mutiny; and
the wliole charge, witli its imputed motive and inferences, falls to
the ground. And, now, liow was the fact? That as early as
August, 1840, Governor Stockton, of liis own head, selected me for
his successor as governor and commander-in-chief in California.
That he informed me of it at the time by letter, and also informed
the government of the United States of it, and had actually fixed
the 25th day of October, 1846, for his own return to his squadron,
and for my installation as governor, and was only delayed in that
intention by the breaking out of the insurrection. That he informed
General Kearney of all this at San Diego, by giving him a copy of
his official dispatch to the government to read ; that, arriving at
Los Angeles in January, he immediately proceeded to consummate
his delayed intention, making all preparations for his own departure
and for my installation, appointing me governor in form, appoint-
ing a secretary of my ehoice, appointing the council, immediately
filling up my place in the California battalion by promoting Captain
Gillespie to be major; and all these things done and completed by
the Ifith, and so known generally at the time, and actually known to
General Kearnej' himself, as appears by his own letter, of that date,
to 'acting Governor Stockton,' forbidding the appointments; and
also by his cross-examination before this court.

" The following are passages from the letter:

" ' I am informed that you are now engaged in organizing a civil
government, and appointing officers for it in this territory.' 'If
you have not such authority (from the President), I then demand
that you cease all further proceedings relating to the formation of
a civil government for this territory, as I cannot recognize in you
any right in assuming to perform duties confided to me by tlie Pre-
sident.' — (Tenth day.)

" The cross-examination of the same day fi'.lly sustains the asser-
tion that, on the 16th, General Ke^arney knew that Governor Stock-
ton was appointing the governor and secretary for California, and
his letter to the department, of the sanvi date (16th), shows that
he not only knew it, but reported it. Thepe facts disprove the
assertion that, on the l7th, I asked General Kearney for the gov-
ernorship of California; disprove the assertion that I would see

J\-:

THK DEFENCE.

251

Oommodore Stockton, find, unless he gave it at once, I would not
obey his orders. The fju-ts disprove it, for nil the forms of bestow-
ing the appointment had been comjdeted the day before, while the
appointment itself had been virtually and actually made for near nix
months before.

"I will now proceed to the positive testimony of an unimpeached
and unimpcaidiable witness, to disprove the testimony of General
Kearney in rehition to this governorship.

''Colonel Wm, II. Russell, a Avitness introduced on the thirty-sixth
day of the trial, testified that ho was sent by Lieutenant Colonel
Fremont from the jjlains of C.ouenga, about the 13th of January, to
Los Angeles, to ascertain who was in chief command, and to make
report of the cai)itulation of Couenga. I leave out, at this time, all
notice of his testimony, cxce])t what relates to the governorship.
He fiays he went first to General Kearney's quarters ; afterwards to
Oommodore Stockton's; returned, by invitation of General Kearney,
and supped and slept at his quarters. On liis return the chief con-
versation took place, and now the very words of the witness shall
be given. Colonel Russell says : ' In that conversation he (General
Kearney) expressed great pleasure at Colonel Fremont's being in
the country ; spoke of his eminent qualifications for the office of
governor, from his knowledge of the Spanish language, of the
manners of the people, itc; and of his (General Kearney's) intention
to have appointed him governor, if the instructions he brought
from the Secretary of War had been recognized in California.'
' It (the conversation about the governorship), was a subject of very
much conversation, protracted to a late hour in the night. He told
me of his civil appointments in New Mexico, and of his determina-
tion to have appointed Colonel Fremont governor.' ' He said that
so soon as he could organize a civil government, it was his intention
to return to the United States, and finding so suitable a person aa
Colonel Fremont in the country to take the place of governor, his
design need not be long postponed. I do not protend to quote hia
exact words,'

"On the th", thirty-eighth day of the trial, and after objections to
certain questions to Colonel Russell had been sustained by the
court, his direct examination was resumed, and he testified (after
stating that he rode out the next morning and met Lieut. Colonel
Fremont, then entering Los Angeles, at the head of bis battalion),

!r»2

mkl; ano sruvicKri of joiin v. fkkmont.

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' I informed him (Lieutenant CVilonel Fremont) that both Qoneral
Kearney and Commodore Stocikton were anxious to confer upon him
tlio office of Ciovernor, and liis only difficulty would be in the choice
between them.' ' Commodore Stockton inlbrmed me, on the eve-
niiij,' of the 13tli, on my second interview with him, that ho intended
to confer the office of f,'overnor on Lieuteiumt Colonel Fremont, as
J understood, innnediatvly on his arrival at Los Angeles. I think it
was u matter of ordinary i)ublicity throughout the city.' ' On the
nu)rning, as I supijose, of the 10th, I was at Commodore Stockton's
fliinrters, and ho informed me that the commission for Lieutenant
Colonel Fremont as governor, and my own as secretary of state,
were then in the act of being nuide out by his clerk, and desired
me to ask Lieutenant Colonel Fremont to bo at his (quarters by a
given hour, when the commissions would be ready for delivery.
I made this counnunication to Lieutenant Colonel Fremont, and at
the appointed time returned with him to Commodore Stockton's
quarters, when he (the commodore) accordingly handed the com-
missions to each of us.

" ' I want to qualify here, as I am told there is some discrepancy
about dates. I presume it was the IGth, because the connnissions
bear that date, and for the further reason that it was within two or
three days of the arrival of Lieutenant Colonel Fremont at Los
Angeles.' Tliis was on the direct examination.

" On the cross-examination, on the fortieth day of the trial, the
witness (Colonel Russell) in reply to questions, confirmed all that
lie had said, and added : ' That in all the conversations I had with
General Kearney on that evening 13th January), I understood it
to be his wish to ai)i)oint Lieutenant Colonel Fremont as governor,
if he could rightfully do so.'

" And thus, I say that the testimony of General Kearney is dis-
proved by the positive testimony of an unirapeached, an unimpeach-
able witness, as well as by established facts.

" Fifthly. I say that this statement, that I asked General Kearney
for the governorship, is disavowed by the entire tenor of my life.
I have neither begged nor bargained for offices. My first appoint-
ment, as second lieutenant of topographical engineers, was given
me by President Jackson, Mr. Poinsett being Secretary at War,
when I was far distant on the Upper Mississippi, assisting M. Ni-
collet in his groflt survey of that region. My brevet of captain

THE DEFENCE.

253

was given mo by President Tyler, Air. Wilkins being Secretary at
War, without solicitation from myself or fnends. The appoint-
ment of lii'Utenant colonel eame to me in California, when I was
not even thinking of it; aiul I am assured by Senator iieiiton, that
it was President Polk's own act, not only unasked by him, but tiuit
ho refused to consent that any friend should name such u thing to
the President.

"The three appointments given to me by Commodore Stockton
(those of major of the California battalion, military commandant
of California, and governor and connnander-in-cinef, in California),
were all given of his own head, without solicitation or hint from
me. Such Las been the uniform tenor of my life in respect to
office, and General Kearney is no exception to it.

" The uniform conduct of my life disavows the application which
he says I made to him ; and I claim the benefit of that disavowal
in a case where a recpiest Avould be infamous, which I never made,
when it might have been done with lionor.

" Sixthly. Having shown that this testimony of General Kearney
is improbable on its face, invalidated on his own cross-exanunation,
discredited by his own conduct, disaproved by positive testimony,
and disavowed by the tenor of my life, I now come to the last, and
only remaining species of testimony — that of my own declaration.
Ilappil}^ I have no new declaration to make ; 1 have oidy to show
the statement which I made for the eye of private friendship, in
the mere course of narrative, and as a circumstance in the history
of the transaction, near twelve months ago, when the event was
fresh, no question about it, and none of any kind ever expected.
In that private letter to Senator Benton, already referred to, written
at Los Angeles, and dated the 3d day of February, 1847, are these
words :

'■'•'' Bot7i offei'ed me the commission and post of (j over nor ; Com-
modore Stockton^ to redeem his pledge to that effect.^ immediately^
ami General Kearney offering to give the commission in four or six
weel-s.''

This is what I then wrote for the eye of private friendship, and
what I now produce to this court as my own testimony in this case.
IT IS TRUE. And I now owe it to myself, to my friends, and
to good men, whose esteem I desire to possess, to declare, and to
make the declaration upon responsibilities infinitely Higher than

,«;. !.

254

UFK AN'I) HIOKVICKS OF JOHN C. FRKMoNT.

fir

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thaso of niilitfti*y lionor or coinnilsHioii, that JJi-i^fadicr (Joiicral
Keiirney, in all tluit ho has tostiflcd in rolutii)n to this g<)vernoi>|iij),
has borne liilso witness ajrainst ino.

"I dismiss this topic, tiio only ono in tlio nuiUiplIi'd "liurges
apiinst nio whii;h concerns iny honor, with the retlection which
Bi)rin>,'s of itself from the case and linds a response in every n'ener-
ous mind, that General Keariie} himself un(lertt)ok U> sednj'o me
with this governorship, and failing' to do so, lias raised against me
the false accusation of applying to him for it, and has sworn to it.

"And I here close my defence, both as to the fact rtnd the nH)tive,
of specitication first, in charge tirst, for the crime of mutiny.

"I proceed now to defend the same act under a ditlerent charge;
for it so happens in this trial that the same set of actts are placed
under difterent charges, some under two charges, namely, mutiny
and disobedience of orders ; and some under three, the same act,
in some instances, being carried out under the charge of conduct
prejudicial to good order and discii^ine, an well as under the heads
of mutiny and disobedience of orders.

"I refer t(^ a paper, heretofore filed, for the opinion which my
counsel entertain of these multiplied (>harges upon the same sot of
acts. They consider them as so many ditlerent trials fi»r the same
thing, and wholly unjustified by the practice which admits less
degrees of the same oftence to be found, according to the proof
produced on the trial. Here the charges are on the same acts for
ditferent kinds of otYences, and the same evidence adduced under
each, and the same that was adduced before the trial, when the
charges were framed, as before this court, when they are tried.
My counsel instruct mo to say it is a clear case of two trials and
three trials for the same matter ; but I take no legal objection
to it.

" To save the labor of re-stating questions, and of re-producing
proofs as many times as the same s[)ecifications are repeated under
diflfercnt charges, I prefer to i)iirsue each one, when I begin it,
through all the charges; and tlius finish with it complete, and have
all my trials over upon it, before I begin with another. This
method will be conveTiient to me, and probably no disadvantage to
the prosecution, as it will get all the chances of conviction, which
the multiplied charges require, though, perhaps, not in the order
they wonld regularly imply.

TlIK DEFENCE.

"I bo^in with my letter to Ootioral Koiirnoy, of tlio 17tli of Janu-
nry, -Nvliicli he pi-odiicfs niKh'r the charfj;*' of disohedieiice of oimUts,
ns well as under that ol' mutiny, and as I'viih'iico to pi-ove hotli, atul
whicli I j)n»(hi('e as eoutiiiuiuj? the facts and tlie law which dis[»rovo
each. Tlult letter is ill these words. (See letter of Juti. 17, lst7, p. l'.>2.)

"Tills letter was .signed in the (juarters of (ieiieral Kearney, and
in his prosonee, and delivered to him hy myself, lie read it in my
presence, and has produced it liere as cvi<lenco against mo, and, in
so doing, has made it evidence against himself. What he did not
then deny, he admitted; and I will show, from his own testimony,
that that is the case with the whole letter, lie contradicted no part
of it, therefore ho admitted every part of it; and this results from
his own swearing, in which ho professes to give an exact verbal
account, no more, no less, of all that passed at that interview, of
the letter, from my «/i/n(/(C(?, at the beginning, to my c,ri7 at tlieend;
and not (jne word of my lettcn* contradicted in the whole account. I
will now analyze its statements of law and fact, so far as they apply
to this charge of disobedience of orders, and show it to be a com-
plete refutation of the charge foun<le<l upon it. The letter is the
text of my defence, and the development of its positions will make
its leading argument. I am advised by counsel that it is complete in
itself, and such as it was written that morning, needs no aid from
subsequent retlection or legal advice; and on that letter, as it is,
both for the law and the fact, I stand all the multiplied trials which
are founded upon it.

'■''First. It fixes the time of sending the countermanding order to
me — a most material point Avhich could not be fixed by any exami-
nation, or cross-examination of General Kcirney. All the multi-
plied questions put to him, and by all f>arties, the judge advocate, my-
self, and the court, left the time of the day uncertain, and led to a
wrong time, as being at some period of the day, and even the fore
part of the day, of the 16th of January. (See 8th and 9th days of the
testimony.) My letter fixes the time; it opens with fixing it. It
fixes it to the night. The first line acknowledges the receipt of
yonr favor (/. e. the countermanding order) of last night. No
denial was made of having sent this order at night; and thus that
period was confessed.

" Second. It fixes the character in which I myself was then acting,
and a knowledge of which was so material to the case, and so dif •
ficult to be obtained from the prosecuting witness. It shows that

\t iii

m . !;!

Ji! !

256

LIFE AND SERVICES OF JOHN C. FUEMONT.

I was military commaiiclant of the territory; and that the order I
was required to cease from executing was an order in relation to the
battalion under niy command as military commandant. It fixes
the fact that the order came to me in that capacity; for so my let-
ter asserts, and it was not conti*adieted by General Kearney when
read by him.

'' Third. It fixes the character of Commodore Stockton in giving
me the order to reorganize the battalion ; for it names him as giving
the order, and describes him as governor and commander-in-chief
in California.

" Fourth. It fixes the fact that on my arrival at Los Angeles (14th
January), Commodore Stsckton was exercising the functions of civil
and military governor with aj^parent deference to take his rank by
General Kearney, for that is asserted in the letter, and was not con-
tradicted by him.

'■'■Fifth. It also fixes the fact thnt, on the march from San Diego
to Los Angeles, General Kearney discharged duties imjtlying the
supremacy of Commodore Stockton ; for tliat is asserted to have
been learnt by me, from conversations with General Kearney him-
self, and was not denied by him.

" These im[)ortant facts, five in number, are fixed and established
by the letter ; for tliey were not denied when the letter was read. I
am advised by council that the law takes for confessed whatever is
said to a man in his presence, and not contradicted, at the time, by
him. General Kearney's testimony, professing to give a full account
of all that was aid, on both sides, during the whole interview at
the reception of the letter, is silent upon all these i)oints; and it is
too late now to think of contradicting what was then, by all the rules
of evidence, irrevocably admitted. That letter and its delivery in
his presei'ce, and being read in my presence, besides containing the
facts of the case, and the law of the case, becomes also the evi'lence
of the case. If that order had not been written or sent in the
nighty that was the time for General Kearney Ur have saiil so. If
the order had not been intended for me, in my capacity of miUtary
comman(h(rit of the territory., that was the time for him to ha^'O
corrected n',y cror. If Commodore Stockton was not then governor
and commander-in-chief in California^ then was the time for hiin
to have told me so. If Commodore Stockton had not been exercising
the functions of r,iilitary commander and ciril governor., from the
month of July preceding, then was the time for him to have contra*

THE DEFENCE.

ing
Hie
ra-

257

dieted the assertion of it in my letter. If I liad not found the comrao-
dT)re exercising tlie samefunctlons on my arrival at Los Angeles, three
days before, witli ai)i)arent deference on the part of all officers, Gen-
eral Kearney inclusive, tliatwas the time for him to have denied the
assertion, or, at all events, to have protested against the inclusion
of himself in that obedient and deferential class of officers. If I had
not learnt in conversation Avith himself that, in the march from San
Diego, and also there, at Los Angeles, he had not entered upon and
discliarged duties implying, o«- 7iii«^;a7'^, an acknowledgment of Com-
modore Stockton's swprevuicy then "vvas the time for him to have
told me that I labored under a total mistake in my misunderstand-
ing of his conversations.

'' If there was no question of ranlc then (on the 17th "> depending
between himself and Governor Stockton, he ought to have said so.
If it had not been right for me to remain as I was until they
adjusted that question^ then was the time for him to say so to me.
If the difficulty Avas not between the two superiors alone, then wa3
the time for him to have cast it upon me. If I had ever reported
to him, or received orders from him, surely it was the time to tell
me so when he was reading that last paragraph of my letter, in
which the contrary is asserted in the declaration, that I should have
to report and to receive orders '■as heretofore^'' from Commodore
Stockton. If all, or any of these points Avere not true, t7icn Avas
the time^ and there Avas the jdace, and that Avas the occasion., to
have denied them. Denial, omitted then, cannot be supplied noAV.
And both lavA^, reason, and justice, require ray uncontradicted letter
of that day to remain as established truth in the question between
General Kearney and myself.

" Clear and strong in its facts, the letter is equally just and legal
in its conclusions. It does not refuse obedience to General Kearney,
but defers it until he aud Connnodore Stockton adjust the question
of rank betAvcen themselves ; it respectfully suggests to him that
the settlenient of the difficulty belongs to himself and Commodore
Sto.-ktun; and concludes Avith stating that until this rank is so
adjusted, I Avould have to report and receive orders, as heretofore,
from Connnodore Stockton. Noav all this, I am advised by counsel,
is both law and reason; and to prove this laAV, and this reason, is
noAV my duty before this court.

••' I proceed to do it :

:■«;

ii^a

258

LIFE AND Si:UVR'KS OF JOHN (\ KKKMONT

fei

^'- First. It rthoAv.s that there was fi question of rank admitted by
General Kearney to be depending between biiiiscll' and Conmiodtn'o
Stockton. He -wished to settle it by givin;^ Tne a contradictory
order. 1 de-dined the responsibility, and I think ri;fhtfidly. For,
in the first place, it is not for the subordinate to decide between
his superiors, lie lias no legal power to do so ; no legal ])ower to
reijuire submission from the one decided against; and if he used
physical force, it might indeed be a case of mutiny, and thiii in its
proi)er sense of a military rebellion. IJesides, decide which Avay ho
might, his danger would be the same. Having no right or power
to decide between them — my duty being ])assive and not active —
the only safe or legal course open to mo was to remain as I was,
repoi'ting to, and receiving orders from Commodore St(H'kton. I
C(.>nsidered the question to lie between the two superiors, and that
seems to be their own opinion of it, from their corresj)ondence at
the time (l(5th and iTtli of January). The concluding words of
General Koarnoy's letter to Commodoro Stockton, of the 17th of
January (eighth day of the trial) are express to that point. Those
words are too material to paraphrase or ])ut ofF with a reference;
they are these :

" ^Jful as I am prepared to carry out the PrcsiJenVs instructiom
to iiu\ which you oppose, I must, for the purpose of prerenting a col-
lision between its, and possih/y to prevent a civil war in conseqfknor
of it. renK'in Ru.K'ST for the thesext, leaviixj loith you the great
i{K.si'oNsn!ii.iTY of doiii'^ THAT for which you hate no authority, and
PKEVKNTiNG ME froui comphjiiuj irith the President's orders.'

"This extract and the whole contemporaneous correspondence
between the two sujicrior olficers, beginning at San Diego Avhen 1
was on the marchfrom Monterey, shows that the contest was between
them ; and it shows also the serious point at which it had arrived.
The time of writing the letter, from which this extract is taken, is
now the material point, and that was sufliciently ascertained on
the cros;-o\aminati(in oi General Kearney on the eighth day. It
Avas ascertained to have been Avritteu after my refusal to obey him
again-t Commodore Stockton. The conclusion is inevitable. That
refusal pn'\ented the collision and the ciril war which the letter
iiu'utioned, as being for the present prevented. I prevented it,
'My reward has been to have the Avar directed against myself, and
to be tried for capital and inf;mious crimes, Avith base and sordid
motives atti-ibuted to me.

THE DEFENCK.

259

klonce
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ived.

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ettcr
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and
brdid

"The question now is disobedience of orders — the order not to
re-orf^anize tbe CiilUbrniii battMlion beinj^ the speciticution.

" In tlie liriti.sh service, from wkose rides and articles of war our
own are copied, and wliere there is a judge advtcate general to
direct court martial proceedings witli uniformity, the cliaracter or
qualities of the order, disobedience to which is criminal, are already
defmcd. At jage 8!) of Hough, edition of 1825, is found tliis defi-
nation of sucn an order :

"In the absolute resistance of, or refusal of obedience to, a pre-
sent aiul urgent command, conveyed either orally or in irrltinff^
and directed to be obeyed with promptitude, by the non-complianco
with whi(!h some immediate act necessary to be done might bo
imi)eded or defeated, as high an offence is discoverable as can well
be contemplated l)y the military mind; inasmuch as the principle
which it holds out, would, if encouraged or not suppressed by some
heavy penalty, forbid or i)reclude a reliance on the execution of any
military measure. It is this positive disobedience, therefore, evinc-
ing a refractory spirit in the infkuiok, an active oi)[)osition to the
commands of a supujiiou, against which it must be sui)posed the
severe {>enalty of the article is principally directed.'

"From this definition of the kind of order Avhich the rules and
articles of war contem[>late, it is clear that it is not every order, and
merely because it is an order, given by a superior to an inferior,
that entitles itself to implicit obedience. On the contrary it must
have certain indispensable requisites to entitle itself to that obedi-
ence ; and among these are: 1st, legality; 2d, necessary for the
public service; 3d, urgent; by the non-compliance with which
some immediate act necessary to be done is defeated or impeded ;
and that the disobedience must be of a kind to evince a refractory
spirit.

" I have to answer that the order given by General K. possessed
none of these requisites, and that disobedience drew after it no
injury to the public service, and that my refusal to obey it was not
in a refractory spirit.

"1. It was not a legal order, and this for reasons which I shall
fully show in the proper place.

" 2. It was a mere experimental order of contradiction, to try a
question of rank, and against the public service, as the state of the
battalion required it to be re-orgauized, the time for which many of

-?i ■

f 'M

;f'i

fri-

260

LIFE AND SERVICES OF JOHN 0. FREMONT.

tlie men and officers were engaged Ij.aving expired, and to give it a
major in the place of niysell', made governor.

'"'•'3. So far from being for the p-ublic service, it wonhl seem from
the sentence in General Kearney's letter to Commodore Stockton of
the 17th of January (already quoted), in relation to a collision be-
tween them, and possibly a civil war, that the battalion was wanted
for forcibly asserting his right to the governorship against Commo-
dore Stockton. The letter can have no other meaning; and this
interpretation of it is, moreover, borne out by his letter of the same
date to the department, by Ids testimony before tlie court, and by
the testimony of IJeutenant Emory.

"4. The battalion was not, and never had been, under the orders
of General Kearney ; was not such troops as his instructions con-
templated, and several of its offi3ers were from the navy, over whom
he could have no control.

"5. General Kearney was, at the time of giving the order, sus-
pended fi'om the command of the forces at that place by order of
Governor Stockton.

" 6. If not suspended at the time he wrote and sent the order,
tken he was himself in mutiny against his own commander, and
endeavoring to induce me ' to join ' in it, and thus Avas in the com-
mission of the double offence of mutiny himself, and endeavoring
to make another join him in it.

'' 7. General Kearney has not shown for what purpose he gave the
order against re-organization, but it appears evident it was for an
uidaAvful purpose, to wit, for the purpose of keeping the battalion
together in his own hands to be used against Gov. Stockton. On
bis cross-examination (eiglith day) he seems to have known nothing
about what he was doing in giving this order, on which I am now
doubly prosecuted. To the question: '■Did you know what was
tke nature of the re-organization commanded by Gove; nor Stockton,
of the l»attalion under Lieutenant Colonel Fremont, and forbid by
you?' he answered, ' 1 do not. I learned that Commodore Stockton
was about to re-organize that battalion, and I forbid it.' Thus, a
battalion raised, officered, commands d, and organized by Governor
Stockton, and being a part of his forces for the conquest, preserva-
tion, and government of California, was forbid to be r^-organized
by General Kearney, without knoAving what the actual organization
was, or Avhat the re-organization Avould be. He heard something

! i

THE DEFENCE.

261

|hus, a
'ornor
iserva-
Imized
|zati()n
;Cbiiig

was to be done — he knew not what — and he forbid it. Surely he
should tell what purpose he had in view.

"8. It was an order Ihat I could not obey without rebelling
against the authority by wliich the battalion was raised and from
which I held my commission as its commander.

"From all this it apj)ears that the order not to re-organize the
battalion has none of the requisites of an order entitled to obedience ;
that it was not a lawful order; that it was not intended for the
public service; that there was no necessity for it; that no injury to the
public service accrued from non-obedience to it; that tiie refusal to
obey it, so far from being in a refractory spirit, was a mere determi-
nation to remain as I was, and as 1 had been, under Commodore Stock-
ton's com.mand, until my superiors settled their own dispute. And I am
now advised by counsel to say that that decision was legally right.

"In opposition to all this. General Kearney urges, in support of
his right to command me^jirst^ his rank as brigadier general; secondly^
his instructions to take command of the troops organized in Cali-
fornia; thirdly ^ i\\iit I had put myself under his command by re-
))orting to him on the ISth of January. I deny all three of his
positions :

"1. As brigadier geu' 'al ho liad no right to give mo any order in
relation to Commodore Stockton's forces, lie admits this with re-
spect to the sailors and marines ; also, with respect to that part of the
battalion whicli was detached, and uader the command of Captain
Gillespie ; it was ecpuilly illegal to interfere with that part of the
commodore's forces which was under my command.

" 2. His instructions to take command of the troops organized in
California did not apply to those raised by the navy ; they did not
apply to such forces as I commanded, and of which nothing was
known at Washington when the instructions were given.

" 3, His pretension that I put myself under his command by re-
porting to him, and on which he mainly relies, is as unfounded as
all the rest, but requires a more detailed and precise examination.
He lays great stress upon this alleged reporting, and shall have the
full benefit of ids own testimony in support of his pretension. lu
his direct examination, he said : ' About the 14th of January, 1847,
I received from Lieutenant Colonel Fremont a ccmimunication dated
the day [irevioiis, upon the march, and dated Jnnuary 18, 184r»

n i:

mMi

2()2

LIFE AND SKRVICMS OF JollN C. FUKMONT.

.i, .'i;

! < i

(presumed to bo written by mistake for 1847), and which I furnished
togetlier witli the charges, to the adjutant general.'
" The paper was read, as folh)W8 :

«0n thk Mauch, January, 13, 1S4(J.
'"DearSik: I liave tlie lionor to report to you my arrival at
this phicc with 400 mountel rifh^nen and six pieces of artillery, in-
cluding among the latter two pieces lately in the possession of the
Californians. Tkeir entire force, under the coimuand of Don An-
dres Pico, have this day laid down their arms and surrendered to
my command.

" ' Very respectfully, your obedient servant,

" ' J. 0. Fkkmont,
" ' Lieutenant Colonel IT. S. army^ and Military
" ' Comnuindnnt of the Territory of California.
" ' Brigadier General S. W. Kearney,'

" ' On the day of tlie receipt of that report (viz. : of the 13th Janu-
ary), Lieutenant Colonel Fremont, at the head of a battalion of
volunteers, entered the city of Los Angeles. On the IGtli January
an order was sent to him, relating to this battalion, by my direction,
and signed by Lieutenant Emory, a copy of which I have furnished,
and which I can identify if shown to me.

"'This is a copy of the order furnished to liim l)y Lieutenant
Emory.

" The ])aper was read, as follows :

" ' IIHAD QUAIlTEnS, UNITED StATKS AkMT,

CiUDAD Di'. LOS Angki.ks, J(in. IG, 1847.

i \

" ' By direction of Brigadier-General Kearney, I send you a copy
of a communication to him from the Secretary of War, dated June
18th, 184(3, in which is the following: '"These troops, and such as
may be organized in California, will ])e under your command." The
General directs that no ctiange will be made in tlie organization of
your battalion of volunteers, or officers appointed in it, without his
sanction or approval being first obtained.
" ' Very respectfully,

"'Wm. IL Emoiiy.
" ' Lieutenant and Acting Am^tant Adjutant General.
" * Lieut. Col. J. C. Fremont,

" ^Mounted Riflemen^ Commandiny

" ' Battalion California Volunteer,^.''

'I'l »iS

THK DEFEInOK.

2G3

copy

I June

th as

The

\n of

his

sral.

'^ On his cross-exuininiition, General Kearney thus testifies in rela-
tion to that battalion, and tlio brief note wliich he treated as a mili-
tary report for duty : ' The California battalion was under my
command from the time of Lieutenant- Colonel FrcmonVs reporting
to me on the Vith of January.'' lie, therefore, swears to the fact
of my reporting to him, and also being iinder his command ; and
tliis double swearing becomes the corner-stone of his accusation.
Twice afterwards he swears to tlio same eiVect, thus: '■I was a bri-
gadier-general in the army., and the accused was a lieutenant-
colonel in it. I icns in comtnand of the battalion of the time^
(to Avit: ICtli aud 17th). And again: '/ made no attempt to get
the command ; the battalion was already under me.''

"In this way, and by dint of liis own swearing, he gets mo, as he
swears, under his comuumd, and thereby acquires the riglit to give
me orders, witli the resulting cousequenccs of nuitiny and disobe-
dience if I did not obey them ; and all these rights and consequen-
ces flowing from the word report.^ as found in my note of the 18th
January to him.

"Now let us see Avith how much truth and justice this is done.
From the testimony in chief, at the opening of the trial, quoted
above, it wotild seem that, of my own head, on the 13th day of
January, I reported myself and battalion, in the military sense of
the word, to GencA-al Kearney for duty; that, after tlm- reporting,
and without anything else i)assing upon the subject, and after 1 l)a.l
voluntarily put myself and my battalion under the command of
General Kearney, I did, on the 17th, refuse to obey the order of
General Kearney, in relation to said battalion, ami tluis became
guilty of two crimes — mutiny, for whioh I might have been law-
fully killed on the spot; and disobedience of orders, for which J
may be sentenced to be shot or cashiered, or otherwise punished by
this court.

"The flrst words of the testimony imply voluntary comm .ni-
cation. The words are: 'about the lith of January, 1847, I
received from Lieutenant-Colonel Fremont a connnunication, dated
the day i)revious, upon the march, &c., which I furnished, together
with the charges to the adjutant general.' This testimony presents
a voluntary act on my part, a movement of my own lieail, uniu-
fliienced by any previous act of General Kearney ; and so ';tood the
case OH the direct exninitialion, on tiie first day of the trial.

■ t '

':\

ir; 'f

264

LIFE AND SERVICES OF JOUN C. FREMONT.

J Hi ij=i

" On the seventh day the cross-examination reached tliis point,
and the recorded testimony shows as follows :

" (Question. Did you, at Los Atigoles, from the 10th to the 13th
of Janimry inclusive, address notes to Lieutenant-Colonel Fremont,
and if so, how many, and for Avhat object?

"Answer. Between those dates I addressed, I think, three com-
munications to Lieutenant-Colonel Fremont. * * ♦ ^j^g
object of my commnnication Avas to inform Lieutenant-Colonel Fre-
mont of our being in possession of Los Angeles, and having a strong
force, «fec.

" Question. Were they official orders, or familiar notes of in-
formation in regard to impending military events, and desiring
information of Lieutenant-Colonel Fremont's movements in return?

" Answer. They were what are termed semi-official, written in
a familiar manner, and of which 1 have no copies. I keep a copy of
ail my official communications.

" Question. Did either of those notes give the information that
Governor Stockton was at Angeles ?

"Answer. I have no recollection of it.

"Question, Did either of those notes, dated at 6 o'clock in the
evening of the 6th of January, contain these words ; ' Dear Fre-
mont : I am here in possession of this place, with sailors and ma-
rines. We met and defeated the whole force of the Californians
the 8th and 9th. They have not now to exceed 300 men concen-
trated. Avoid charging them, and come to me at this place. Ac-
knowledge the hour of receipt of this, and when I may expect you.
Regards to Russell ?'

"Answer. 1 cannot answer, but I think it highly probable it did.
As I stated before, I kept no copies of those semi-official papers.

" Question. Did you address the accompanying letter to Lieute-
nant-Colonel Fremont, and at the time of its date ?

" Answer. That is my "writing and that is my note.

" The letter was read, as follows :

" ' PCEBLA DE LOS AnQELSS, )

Sunday, Jan. 10, lS47— 4 p. m. J

"'Dear Fefmont: "We are in possession of this place, with a
force of marines and sailors, having marched into it this morning.
Join us as soo'i as you can, or let me know if you want us to marc^-

THE DEFENCE.

265

point,

el3th
3iuont,

e coiu-

The

el Fre-

, strong

i of in-
lesiring
return ?
itten in
copy of

on that

jk in the

?ar ¥re-

md raa-

brnians

concen-

Ac-

ect you.

it did.

ipers.
Lieute-

ELKS,
P. M

with a
Horning.
to marc->

to your assistance. Avoid charpjing the enemy; tlieir force does
not exceed four luindri'd, pci-liaps uot more than thri-e liundred.
Please acknowledge tlie receipt of this, and dispiitch the bearer

at once.

" ' Yours,

'' ' S. W. Kearney,
" ' Brujiulier- General^ U. S. 'Army.
" 'Lieut. Colonel J. C Fuemont,
" ' Mounted Jiijles, Com., ttc'

"Question. Did you also address tliis one to hiin, and at the
time of its date?

"The Avitness, having examined the paper, said: That is my
writing, and that is my note.

" It was read, as follows :

" ' ClUDAI) DK LOS AN0KLE3, }

Jan. 13, 1S47— 12 o'clock, noon. J

"'Dear Fremoxt: "We are in force in this place — sailors and
marines. Join us as soon as possible.

" ' Wo are ignorant of your movements, and know nothing of
you further than your armistice of yesterday.

" ' Yours,

" ' S. W. Kearney,
" ' Brigadier- General.
" ' Lieut. Colonel J. C. Fremont.'

" Question, Did you also address this to him, and at the time
it bears date?

"Answer. That is my writing and that is my note.

"It was read, as folhjvvs :

" ' PUEBLA I>K I.OS ANOELIW, I

Jan. 12, 1647 — Tuenday, G P. M. f

'"Dear Fremont: I am here in possession of tiiis jUace, with
sailors and marin<'*. "We met and defeated the whole forf!« of
the ('ulil'ornians, the 8th and 9th. They have not now to exceed
800 men concentrated. Avoid charging them, and come to me
rit this place.

.' >■

i\'M

■ F

20^*) iJl'IO AM) SKUVICKS OB' JOIIX C. FUKMONT.

"' Aokriowlod;:^ tlio lioiir df rocciiit of this, uimI whi'ii I may ex-
pect you. lU'gai'ds to liiisscll.

''' YouiN,

"•'•' S. W. Ki:ai!nky,

'' ' JJri'jddier- General.
'"Lieut. Colonel J. C. FnKMoxT.'

ir.

" Question. Did you also write this one to him, and wore tho
tirst two of the tive W(U'(ls (i/n not eli!ii';^^' the enemy) underscofed
by you, MS they imw .'ipiii')!!' ^

'" An->\ver. Tliat is iny wi'itiii;x, and that is my note, and
thoU}i;ii I have no I'ecDlJoction of underscoring the^c words, I
have no donot hut I did so.

"The note was read, as follows:

'"ClUDAD I)K I.OS AnOKLKS,

Jiinniiri/ \'\, \M1

INOKLKS, }
17—2 p. M. \

"'Dkau Frkmont : Wo liiivo boon lioro sinoo tlio lutli. I Imvo plenty
of luiuinos nnd sinhtrs, \\'e I<ik)\v Tiolliiuir of you, cxi-cpt your arinistioo
of yostorday, signed liy yourscU'. I have sent several letters to you, and
four tlioy have been irUert'opted, as I liave reeeived no iinswor. C'onio
hero at dure, with your wliole I'oiTe, and Join us; or if you camiot, let nic
know it, find I will '^o to you. The enemy cannot pos.sil)li/ liavo near you
more than ;?(»o, most ]>robably not more than 150 men. Aeknowlodge the
/ii^iir of reeeivinu; this, and send baidi tlie bearer at once, and write but
little, as it may f^et into the hands of tho enemy, instead of mine.

" ' We defeated tlu' enemy on tho 8th and on the 0th, during our
march. Since then they have been much scattered, and several, no doubt,
gone homo.

" ' I repent, we are ignorant of everything relating to your command,

except Avhat wo conjecture from your armistice, signed by yourself.

Success to you !

" ' Yours,

'♦'S. W. Kearney,

" ' Briyadicr General.
*' ' Do not charge the enemy.

** ' Lieutenant Polonel J. C. Frkmont,
" ' Moinitrd Ri/cs, ci-c:

"This is wh.Tt is shown by the cross-examination I The note of the 13th,
80 far from being voluntary, that it was actually pulled and dragged out

Tin-: 1)i;fi:nck.

20 r

<'al.

lunand,
(urself.

\eral.

:(•(! out

of 1110 by (tciicrul Kt'iinicv, liy dint of rrpcutod, iiryciit solicitations, iuul
nfl'TtioiiiitL' notes, nil riM|iiiriiii,' iiil'orniiitioii of my i)ositioii mid inovc-

(• Slorkloii WHS with
Dear Kii'inoiit," Ibili"

monts, ami nil coiiccaliiiir tlu' tact lliat Coiiimodor
liini ill liOS Aiij.';('li>s, and liis (•(inmiandi'i'-in-i'liiof, "
times repeated, and iuiir applications for intcn'matioiis of him, show the
character of the notes sent and the ol)ject of scmlin;,' them ; that they
were familiar notes of information, snch us aro written in all services and
between otiicers of all ranks, and which are used tor no purpo-e in tho
world oxcejit for the sake of the information they contain, lint, wliilo
the notes show this, the cross-examination was impotent to irain the samo
knowledj,'e, either of their numl)er, object, or tontents. To the question,

ow maiiv o

f tl

lese notes? he answ ei's ihrc

tiuni

Not I

)ein'' ui

the habit of desli'oyinj^' originals, I |iroilure him foui'. To the (piestion,
With what oiiject y he replies that it was to f^'ive him (inysidf) inlbrmatiou
of his ((ten(M'al Kearney's) bein^rin ])os-iessi()n of fiOs AiiLTeles, A:c., &c. Tho
notes beiiiii read show that, in addition to that inforniation to me, thev

desired Information I'lom me also.

To tl

le iiHiuirv whether cithci' o

.f tl

lese

notes gave information that (iovernor Sto' kton was at I^os Angeles V tho

answer is.

[ I

lavi- no recollection of it.

'' The notes themselves being r'ead, eiich one shows that the presence of
Governor Stockton was not even hinlrd. The same lour notes tell some-
thing else very incomi)atili!e with the testimony of a jirevions day ; they
toll [jieuteiiant-Colomd Fremont the force uone against him mav l)e :{U(»

or -loo men. Ir the previous swearing are tin

SI' w

ord.<

.\nd

it sina

party under Don Andreas i'iio — irli''<li purfi/ I Iiiwr ncrrr mtdrrsUxxl U>
hare excecdi'd fiffii or si.rfi/ unn.

— -went to CoueiiLra, and enter

eil into

t'lipitidation with Lieutenant-Colonel FiH'inont.

" From these notes, then, the great fact was brought out that tho oom-
niunication. presented as ii voluntary act, was extiMcted from liieuienant-
Colonel Fremont i»y (leneral Kearney himself; that instead of being a
military reporting for duty, it was a reporting for information only ; that,
instead of being an olUcial communication, it was a familiar private note,

in answ

er to familiar, private, and apparently most afl'ectionate not(

'' I'pon their face they contradicted the swearing of (ieneral Kearney;
audit is further oontradioted by facts and circumstaiicos drawn from him-
self or from authentic sources. The direct testinu)ny at the oi)ening of iho
trial, says : ' On tho day of the rrci'/pi of that letter, kr., &c., Lieutenant-
Colonel Fromont, ai the head of a battalion of volunteers, entered tho

Now, all the testiim)ny agrees (ami such is the fact)
with mv battalion, I went direct to

citv of L

that on mv entrance into Lo.s Aiiue

tho

quirtors assig:

ned it bv (roveraor .'^tockton throu'jch Colonel RussoU

r I'm

IMAGE EVALUATION
TEST TARGET (MT-S)

Afk

1.0

I.I

l^|2.8

116

2.2

;tf u^ "

11:25 11 1.4

1.6

<$>

^$1

PhoiDgraphic

Sciences
Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 873-4503

-4\^ <>\ Wk\

^.f^

^9>

208

LIFli \Sl) SKltVICES OF JOHN 0. FKKMONT.

then rpportpcl in person to Governor Stockton, and afterwards calli'd on
(Jenenil Keiirney.

" That note so extracted from me, and so perverted, did not fetch itself
to I,OH Anf^fles. Some person must have brought it, and di<l ; and that
person was Col. W. II. Jiusscli ; and he has given an account of liis mission,
and ol' his conversation witii (Jeneral Kearn"V, wholly inconii)atihle with
the present imputed intention of that note. Un tho ^Tth day of that trial,
that witness (Colonel Kussell) was introduced, and the second question
put to him (the first be'iig only to show his rank in the Californian batta-
lion) was this : ' Were you sent to Los Angeles, from the plains of Cou-
enga, by Lieutenant-Colonel Fremont V If so, at what time, and for what
purpose V' and the answer was : ' I was sent by Lieutenant-Colonel
Fremont from the plains of Couenga, about the lIUli of January, 1847,
for the j)i;rpose of ascertaining who was in chief command, and to make
report of the capitulation made on that day to whomsoever I should find
in the chief command at Los Angeles.' The next qu"stion : ' Will you
state how you executed that mission?' Answer. ' I wtut to the quar-
ters of General Kearney first, and iiKpiired of him whether his arrival in
the country had superseded Counnodore Stockton, who, before had been
recognized as chief commander. From General Kearney I learned that
Connnodorc Stockton was still in chief command, and l)y him I was
directed to make my report to the commodore.' Tins was the testimony
of Colonel K. on that point on his examination in chief. On my cross-exanr
ination (li'.ttli) day the following (piestions were put by the judge advocate :

" ' Do you recollect tJeneral Kearney told you expressly that he was
serving under Commodore Stockton, or did he say anything more explicit
than, as was said l)y you, that Commodore Stockton was in chief com-
mand, and you would carry your report of the capitulation to him?

" Answer. ' He (oM me distinctly that he was serving under Coramo-
dore Stockton, and had been doing so from San Diego.'

" Question by judge advocate. ' Was Captiiin Turner present at that
interview ?'

" Answer. ' I am not positive, but believe he was.'

"On the fortieth day of the trial, the court took up the cross-examina-
tion ; and, on this [)oint, with the following results:

" Question. ' When yon were sent to Los Angeles, to ascertain who was
in connnand, had you any orders what to do if you found the chief com-
mand chimed by both Commodore Stockton and General Kearney.'

" Answer. ' My instructions i'ron\ Lieutenant-Colonel Fremont were to
proceed to Los Angeles, and carefully to inquire as to who was in chief
command, and to make my report accordingly. Xo such contingency

TlIK DKKKNCK.

'2r,o

was contempliited, I tliink, by Lieutoniini-Colonol Fremont, wljen he
dispatched me on that mission, as the command being claimed by them
both.'

" Question by a member. ' Wliy did you first report to General Kearney
rather than to ( 'onimodore Stockton .•''

"Answer. ' 7 Iwre a Ittdr to (ieneral Kearney from Lieutenant-Colonel
Fremont, in ackxovlfdi/incnt of one received by Lieutenant-Colonel Fre-
mont from (leiicral Kenniey, and for the further reason that we were
totally ignorant of the object of (lenerul Kearney's being in the country,
and my orders from Lieutenant-Colonel Fremont were that 1 should ascer-
tain all about it.'

" (Question by the court. ' ?tate all the conversation which passed
between you and Lieutenant-Colonel Fremont on the subject of choice
of commanders, after you returned and reported to him the result of your
visit to Los Angeles V'

"Answer. 'I mi't Lieiitenant-Colonel Fremont at the dead of his batta-
lion, on the morning of tlie Mth of January (as I stated in my chief ex-
amination), about live or six miles from Los Angeles, and told him I had
had nnich conversation with both (loneral Kearney and Commodore
Stockton, tonching their respective positions in the country. That I was
satisfied, from what had occurred, that (Ieneral Kearney was a l)etter friend
of his than Commodore Stockton ; but from (Jeneral Kearney's own admis-
sion, 1 regretted to have to give it as my opinion that we should have to
look to Commodore Stockton still as commander-in-chief. That I found
Commodore Stockton exercising the functions of commander-in-chief, and
submitted to implicitly, as 1 thought, by (ieneral Kearney. This was the
substance of my conimunic itiou to Lieutenant-Colonel Fremont ; and
he, I think, with eipud reluctance, at the time, came to the same con-
clusion.'

" This is the testimony of the witness who bore the note which is repre-
sented here (and made the foundation of the prosecution against me),
as a military report, to put myself and my battalion under orders of
General Kearney, and actually so placing myself and battalion under his
orders.

" From all the testimony of Colonel Russell, it seems clear that Gene-
ral Kearney undertook to gain me over to hi< side by Hatteries, by oflVr-
ing the governorship of California, and by exciting resentment against
Connnotlore Stockton ; and failing by all of these means to accomplish
that purpose, he tried the experiment of an order upon me, with the
menace of ' unciuestionable ruin,' which ruin, it would seem, he has been
laborinjr ever since to cQect.

J !'■

270

LliK AND Sl.iiVICK.S i)F JUHN C. FKEMONT.

;

*' Tliixt tliiM i-onstni.tioii wiis not ]m\ upon my note nt tlio time it was
received, seems clear IVoiii ollicinl eolrmporaiieoiis acts (il'(Ji iieral Kearney
liiniself. Tim-, on t!ie 1 Itli day ol' .liiim;iry, lie writes to tlie War Depai't-
nient, I'rom Los An^MJes, tliat ' tliis morning Licnlenanl-Colonel
Treniont, of llie rc;;iinent of mounted riiiemen, rcdchrd lirrr with liMt
volunleers,' \e., ite. No word of reportinfi; to him, or jilaeiiij; mysi-lf
and battalion under his command. Sundy that was the time to have
eonjomuiated to the War |)e|)artmenl such an I'ssential piece of intidli-
{,'ence. In the concludiiif,^ jiarl o!" the same letter he nays: 'On their
their arrival (troops from New York and New Mexico) I shall, af,'reeal)ly
to the instrui'tions of the rresident of the United States, have the
manafrement of all'airs in this cotiinry, and will endeavor to cari-y out
liis views in ndation to it,' words which necosarily mean that he did
not consider hims(dl' entitlei] to comniaiul until the arrival of those
troops, or else that lie intended to avail hinis<df of those troops to
ohiain conmiiind.

"The letters of the KUh and IVth of January, from (leneral Kearney
to Commodore Stockton, are sijrnilicaiit at this point. I. They are
totally silent on the suhjei't of my havin;^ placed myself ami the hat-
talion under his comniaml. '2. Tln'y show the whole 'ontest, \i)> to the
17tli, to he helweeti the two sui)eriors. ',\. The letter of the 17th shows
a sliiftini,' of the grounds of liis claim to eommainl in Califorina, Iiasinj;
it on A/.s' victories of the Sth ami '.Ith, and the capitulation of the enemy
to me on the loth. Tlie words of the letter, sij^nilicant of this clianf,'e,
are : ' As in consetiueitce of the defeat of th(> enemy on the Hth and Uth
instant by tlie troojis under my command, and the capitulation entered
into on the l;>tli instant, by Lieutenant-Colonel Kremont with the leaders
of the Californians, in whitdi the peojile under arms and in the tield
njrree to disperse and to remain quiet and peaceable, the country may
now, for tlie lirst time, be considered as conquered and taken possession
of by us, and us I am prepart'd to carry out the President's instructions
to me, which yon opjiose, I must, for the purixise of preventiiifr a colli-
sion lietween ns, and possibly a civil war in consequcMice of it, remain
silent for the present, leaving with yon the j^reat r»>s^ onsibility of doinji^
that for which you have no authority, and preventing nu; from complying
•witli the President's orders.'

" The value of this testimony, which would make me to have reported
to (ieiieral Kearney, and placed myself and battalion under his com-
mand, must now be understood. I undertake to say there ii no
authentic modern instance of a note, as innoi-ent in itself, and extracted
from tlic writer under such circumstances, so totally perverted from

THE DKFENCE.

271

ita moaning, and iPiido the foundation of such a prosecution as I have
endured,

" If men are to ho oapifally and infamously tried for such a note, no
one is safe in wiiliiig.

" I am ehargi'd iicre with a great military crime. I should have hoon
guilty, not only of it, hut of an inoxcusalile hreaeh of faith, if I find
made a reiJort of myself and hattalion to tJeneral Kearney, and so
placed under 'he eonnnand of that oHieer the troops raised hy the
means and authority of Commodore Stockton, and hy him intrusted to
me.

" I now close this defence to specification first, of charge two, for diso-
bedience of lawful orders.

" The second specification, under the head of mutiny, is for raising
and attem])ting to raise trooi)S, on the 25lh of January, 18-17 ; and is in
th(!se words.

" * SpecificatUni 2. In this, that he, Lieutenant-Colonel John C.
Fremont of the regiment of mounted litlomen, United States army,
being in eonnnand of a hattalion of volunti'crs organized in California,
which were jilaced hy the aforesaid or<lers of the Seeretary of War, of
June l!^, IS It), under the eominand of Ihigiidicr-iiciieral Kearney, did
issue an order to Captair, J. K. Wilson, at Angeles, January 25, 1847, in
the following words, to wit :

orted
com-
i« no
acted
from

'" Ancki.ks, Januarif 2.S, 1847.
"'Sir: You are hereby authorized and directed to raise a company
of men to constitute the second company of artillery in the California
service, and for that pur])0se are detached from your present command.

*' ' You will i)lease irport the nunilx-r you wiii l)e able to enlist
with as little delay as possiltle. You are autliorized to cidist the men
for three months, and to promise llit-ni as compensation $25 per
month.

" ' Respect fully,

" ' J. C. Fr.KMONT,

" ' Zh'w/, Col. commanding California force i)i U. S. service.
"♦To Captain S. K. Wilson,

" ' Lii/ht Artillert/:

'*' Therel)y raising and attempting to raise troops, in violation and
contempt of the lawful command aforesaid of his superior officer,
Brigadier-General Kearney, of date January 10, 1S47, and thereby acting

Iff-!

J '!

272

l.ll-'K AND SKIiVKKS OK .lolIN ( '. KKKMoNP.

openly in (Iflinncc of, anil In nniliny ii^ainst, tlio antliorWy of his supe-
rior olliocr iilorrsaiil, by riiisiiiff and attempting to raise trooj's, and l»y
])i'oelainiiii;!; Iiiiiiseir to he, ami assiiminj; to act as eommamler of tlio
United Slates I'oives in ( 'alifoiiiia.'"

Tlie .same act is specification No. 'J, in cliar;;e, for disoliedience of
orders — tlie orders cliarp-d to have lieeii disoheyed lieing (lie order of
January !(>, 1S17, aj^ainst tlie ori^ani/.ation of llie Califoriiia battalion.

" I will consider hotii of these specilicatioiis loj^etlier, and arranj:je the
matter of del(>nce under these general heads: 1. That I was, at that
liiiie, ^oveiiKir ami eoiiimander in-chief in California. *2. That (Jenenii
Kearney had no ri;:^ht to «'ommand the Itattalion at that time. li. That
the order of the U.th cd' .laiiiiary, 1SI7, liesides lieiiij^ illegal in it.stdf,
bad no relation to any oIIhm- change in the battalion than the ono
iutended at the time it was j;iveii.

" 1. That I was then ^rovenior and commander-in-chief in Oalifornia
is proved iiy the testimony of ('oiiimodoi'«' Stockton, and the production
of the original eommission ; and his right to bestow that commission
upon me resulted from his own right to cimstituto himself governor.
Both acts were done under the law of nations ; and by virtue of tho
right of coniiiiest ; by virtue of the orders and instructions of the Presi-
dent of the United States, charging the naval coiimianders in the Pacific
ocean, exclusively, with the coiKjuest and civil government of California,
until relievi'd under the iiislniclioiis of i'\e ."»th of ^'ovember, 1810.

lese instructions did iiol arrive until after the alleged com.ni.ssion of tl

act of mutiny and disotiedieme now under examination; ami, when they
did arrive, were never coiiiniimicaled to me at all.

" 1 am advised by counsel, that the apiiointiiient of himself as go\ernor,
■Stockton, was a valiil aitpdintiiieiit under the law of

by Commodoi'i

nations; and that upon the same principle, his appointment of myself as
liis sik'cessor was «'(pially valid ; and that in neither case was the appro-
val of tln> Presiilent of (he United Slates necessary to the validity of tho
ajipointnieiit, (hough each revocable Ity hiin at his pleasure; and (here-
fore jirojx'r (0 be made known (o him. Tliis I am advised is the law ;
but being now prosecuted for mutiny and for disobedience of orders, in
assuming and usurping (he governorsh'p of California, and it being the
rresi(K-nt ahme who ctnild order my trial in this case (accused as 1 am liy
my eoiiiinandiiig general), it becomes material to show thai this appoiiil-
iiient, and the intention to make it long before it was made, was duly
comnumicated to him, and, widle not disai)proved, was impliedly sanc-
tioned, and never revokeil. For the fact of tho communication of tho
intention to a])poinl me his sueeesior, I refer to Governor Stocktou's o(H-

TiiK I)I-;m:n(!K.

'2TA

liiw ;
l-s, ill
tho
In by
niiit-
a>ily
lanc-
tbo
1 olU-

cial (llspntch of Aufrust 2R, IRlrt, from Los Anpolos, sont in by Mr.
rarsoii ; and for the fact of his coininimifiitiiit; tlif fiu-t of his huvin,';
u])poinf(Ml nit', I refer to his ollieial dispateh of January 'I'l, 1H17, from
Kan I)ie;^o. The lirsl of these dispalchi-s arrived hy the hands of Mr.
ritzpiilrieii «'urly in N'oveinher, ISIC, and tiieir geiifiiil contentH wero
noticed l»y tlie President in his annual iiiessa^fe of Decenilier foliowiiif;,
and ill tlie reports of the Secretaries of War and Navy, and all in terms
of ;rciieral approval. I'assat^es from this messa^re and these reports liavo
licen alreadv oiioted, and rciinire no repetition; and from them and from

the communication of (Joveriior Stockton's nets us fjovernor, to Conf,'r<'ss,
at tlie time liy tin- administration, I assume it to !)(■ proved that llie intent
to appoint nu; froveriior was Uiiown to the f^overnment in N'ovemher,
is 111, and not disapproved l»y it. The dispatch of the *2'Jd January,
1847, was received from Lieiitonant Gray of the navy, in the month of
April following ; and, so far as ' can learn, his act was not disavowed in
appointiiif; me ;;overnor. Kven if it was, the disavowal could only
operate from the time it would lie known to me, which it never was.
''The commission from (iovernor Stockton was in tlieso wordri :
" 'To all whom it may concern, f^reetin^j^: llavin^, l»y authority of tlm
rr<'si<lent and CoiiKress of the I'liited States of Xorth America, and iiy
ri;.dit of compiest, taken possession of that [lortion of territory hereto-
for(! known as I'pper and Lower California, and havinf:^ declared tin*
eamo to ho a territory of the United States, under the name of the terri-
tory of Oalifornia, and havinj^ established laws for the {government of the
same territory, I, Koljert F. Stockton, govc rnor and coinmander-in-ehief
of the same, do in virtue of the authority in me vested, and in obedi-
ence to the aforementioned laws, appoint J. C Fremont, Ks(|., governor
and commander-in-chief of the territory of California, until the President
of the United States shall otherwise direct.

"'Given luider my hand and seal on this sixteenth day of January,

[SKAL.]

Anno Domini one thousand eight hundred and forty-sevc«, at
the Ciudad de los Angeles.

" ' R. F. SiocKTor, Governor, i:c.^

" On this state of facts, I maintain that I was duly aud legally gover-
nor and commander-in-chief in California at the time of the act done,
which is charged as mutiny and as disobedience of orders, in the two
fjpecilications, under the two charges referred to.

" 2. That General Kearney hud no right to command the battalion at
that time.

"The facts and the arguments in support of this proposition are tlio

,11 1

!■

i i:

L>74

MM'; AMI SI i;VI( r- f'K .IdliN f. II.'I.MmM'

Hiiiuc wliiili IiJivi- hcni iiliiiidv u^rd in uii-wcr (d siH'ciliciitioiis first in
Imlli lilt' Cm -( iliiirLr' -', Nvilli tin' iiilililioii nl' aiLruiiH'iUs lo ^Imw lliiil (Icii.
KiMi-nry li;iil no inon' lit^lit, nl lli;il tinii', t<> iniiiiii;mil im-, i'l my ^'nv-
n ii(if.-lii|i (if ( 'iiliriiriiiii, tliaii tic liail In ((iiiniiaiiil (luvci im • SlocKloii
wliilf in ilic same ()lliiM< ; ami lliat, in lad, lliis |ii(isi'rnlinii, ji, ilii' s|icci-
lii'iilioiis nmlci' foiisiiicratiuii, is milliiiii,' init a ('otiliiuiation di' llif i'(»nl<'st,
wliii'ii l>c;;an al San Dici^'o wiili (ioMinor Stoiivtun, ami «liicli ()ii;^lii t(t
lunc liiM'n lini.-in'il >\ iili tiini.

" (Icncral Krarinv tlainifti anlliorily In commaml llic liatlalioii, lii-t, liy
virtiH' «il' liis inslniclidiH, ami nr\l, iiy tin- assiiinplinii liiat I iiaii pnl,
in'sclt' nmiiT liis coniinami. I |)ii'>unh' tliis iatirr i^Toiind iias lictii
*'llri'liiaii\ ili>^iK)M'(i (il iiiTcldloic. Till' lii>l unc lias rt'rci\ cd -itnic aMswns,
itmi iias otluTs Id rceiivf. It lias i.i'cii ai'^iird lioni tlic Ix'j^iniiiiif^ — IVoiu
Sail Die; ) t«) tiiis jilacr, and I'l ,>ni I'd'cinliiT, IMt'i, lo tins tiim — tliat
tin' insiniciions to (Jci.i' iI Kcaincy wvvv rondiiionai : ' Slii>iil(( )i<»t r«ii-
ni/cr (linl fil/iijii>ssis.iltiii ()/' A'"' Ml. rim iiinl < 'il/i fofii iil ur roiisiih ralili'
jiliu-is ill i'illiet\ i/oii trill rs/ i/i/ls/i /i luji'iyiiri/ riril (inririiiiiriils (lirrriii.
Tlii'sc iiislrnctioiis arc evidently condilionai, ami only apjilicaldc lo ii
ronnlry iim(im|iicrcd, iMid willioiil a civil irovcrnincMl. (Mi tlic conlraiy,
liciorc tirncial Kearney lel'l New Mexico lie had ' y»n\///c( ' (nsinj^ the
\\uv{\ ol' liis ordiT) inrornialion thai all this wa< already done, and imme-
diately acled npon that ' y^osvV/cc ' intclii;,'(>iice, hy diminishinj:; the I'orce
villi which he had set onl. lie met Mr. Chrislopher Carson, hearer of
ollicial disi>atches IVoin (iovernor Stockton, and of private letters IVoiii
inysell", learned the tnu' stale of things Iroiii him, turned him hack as liirt
guide, rcdncetl ' tlir iiniii/ of tin ir.v/," willi which he was to compier
California, to an eseort tor his personal sai'ety in travelling' through the
country, and went on, as the seipud showed, not to execute fioveriiim'iit
orders, already executed hy oiheni, hut ( what is rarely seen in any
military service) to take iVom others the Iruits of their toils, hardships,
danjiers, and victories. He took the heari'r of dispati'hes, sent hy the
real coiuiuerors, to iruide him — show him the way — to the eoiuiuered
country; hid'ore hi> arrived there, sent for aid I'rom the eompieror, and

detaclmieut, nearly eipial to half his foi'ce,

nu'iMvcd It in a

•unl^onie

\iid after iiirhtiiiL' an action with that aid, was I'our dav:

upon a hill in a

Btate of sicire, from which he was r<'lieved l>y two hundicd and fifteen
men sent out hy ("ommodore Stockton to conduct him into !^an Die^^'o,
vhere he was safe. Tliis w;-.s not the comiuest of Calii'ornia, nor was
the plain of San Pasipial, or the hill of San IJernardo, the con(|uest of

(/( rabh pJit

that

province, so as to give a rij^dit to <;'ovcrn it.

The subst'()UO!!t oprations were ui; '■ r tlie co;i:'P.,'.iid of (

oi!iu;(nioro

'iiiK i»i:ri;N'('K.

275

is Ii'h

HUT

the

iiiit'iit

any

lips,

V tlu>

imhmI

ami

lorcc,
in a

il'iccn

Vu'-o,

'St of
'vn it.
(Kioro

Pfockton ; nnd it is hpcnn«o lie sliniiM upMcur as cnnipioror, in onlcr to
(."•t a ri^lil iiniicr liis insfiiictions to llic fx<>Vfiii(tr>liip, lliat llu- claim lias
Itfcii set lip li\ (Icrii'iaj Kcjiriicy to Iiavi- conunaiHli'd the troops to liOS
Aii^'i'lrs, jitid <',iiiin'«l tlir virlorics oC tli«' Kill ami '.ttli ol' .riniiary, ami,
tilt rnipnii, in coiijiim-iion wiili tlic capiliilation ol' ('(>iicii;.m, slarlcd a
new cliiiiii to ihc |;nvt'iiiorsliip, on tlic a-simiptioii thai lie iiad just (•nn-
(picicd ill" ( oiintry. Tliis Pew claim is stalled i/i tlic iritcr of ITtli
January, ls|7, fVoni (Icncial Kearney lo ('(Hiiinodore Slocklon, and
cleavly sliows his own views, at thai time, ol' the eoiidiliomil naliiie of
his iiislriiclions. Tlic Idler lias iieen (piolcd. 'is elVcctive and a|)plical)h<
words nl this |ioint are, * As, in conscipieiicc of the deleal of the enemy
on the Kth ami '.till iii'^laiil, hy the troops iimler w// coMmand, and iho
capitulation entered into on the ]'\\\\ instant liy Lieiitenanl-Coloiud
Fremont with tlio leaders of the Caiiroinias, &c., the country may now,
for the //r.s7 time, he I'onsidered as chik/ui nd, and taken possfssitoi ol' by
us; ami «s 1 am prepared to carry out the IVosident's luslructionH to me,
which i/oii oppose,' itc, \c.

"This extract shows (Jcncral Kearney's own oi)iiru)ns of his instruc-
*ions at the time he wrote that Idler, .Mid that they were conditiomil
upon the j'att of comiuerin^ and taking' possession of the country. It
shows hi.s opinion ; l)Ul, if the fads were not as he supposed, to wit, that
he was commander-in-chief in the actions of the Sth and Utli, and that the
country was then, for the //j-.s/ time, com|iicrcd and taken possession of;
if theso facts fail him as they do, then his now claim to command in
Calil'tirnia fails also ; and Commodore Stockton, a.s commander-in-chief
on the 8lh and '.Mh, hecomes the .sect)nd time the comiueror. That the
rest may he well conceived, from the circumslances under which thoy
were issue<l, ns well as from their terms.

"The navy h.ad iii'cn cliar;i<Ml, from the liCL'inniiif;- oi' ihc war (and
before it in initicipation), with the exdu.-'ive con(|uest, prescrvalion and
f^ovcrnmeiit, in California. Ingivin<? a military ollicer orders to go into
California to contjuer, kc, &c., the contingency that everything required
to 1)! dorie might have been already done, was too oljvious to be over-
looked, and would naturally be provided for in nuiking the military
instructions conditional.

"The naval instruction.^ say: 'Previous instructions have informed
you of the intentions of this government, pending the war with Mexico,
to take and hold i)Ossession of California. * » « * Tlie object
of tlie I'liitcd Stales is, under its right as a belligerent nation, to possess
itself entirely of r[)per California. * » * The object of the
United States has reference to ultimate peace with Mexico ; aud if, »t

I ;

i I

276

IM'K AND HKU\ lr|.:s «»|.' ,Im||N C KliKMoNT.

timt pence, the linMiM <)f llie itli /xtssitlitls sliull Ite eHtablislied, the fjovern-
ment expects, thfouifh i/our /nrrrn, to he in actiml posxessioii of" Upper
Cnlirorniu. • • * Tliin will tniii;,' with it ihe iifccssity of ii civil
admiiii.strntifm. Siicii ii ^'dvciimiciil kIkiiiIiI !)«• oiaMiali'-ii iiiidcr your
jirotcclioii. « • * J-'oryoin rmUuT iii>lriicli(tii, I iiulu^i- toyoii a copy
of coiilldciitiai iiiHtnictioiis Iroiii the War Department l»t |{ii;,'adi«'r (Iciieral
Kcanicv. wiitt is ordered overland to ('aliiinnia. Yon vviii al>o coniinnnicutc
yonr instrnctionM to liini, and inlVnin him that they inivc the nanctiun o(
the I'rcsident.'

" Tiicse icsdiictions were not received by Connno(h)re Stockton, hut
were anticipated liy him, and tiiis anticipation obtained tor him thn
express a]tprolialiitn (d' tlie President. T\u' dispatch of tlie f)tli of
NovendxT, fiom tlie Seerelaiy of the Navy to the commodore, contained
this clause in nd'erence to his operations in California : ' And it is iii;;hly
gratifying that so mut h has been done in anticipation of the orders wiuch
have been transmitted.'

•' This wa.s written n(>ar four nionllis after the transmission of the orders
of •Inly 1*2, and is a full ratilicution of all that had been done in antici-
patiiMi of them.

Hut a hi<^her view remains lo be taken of the conditional character of
the instructions todeneral 'vcarncy, a view which involves their absolute
repeal ami nullity, unless understood conditionally; and I am advised by
counsel thai even that understaiidini; t)f them cannot .sive them from fho
fate of total aliiojralion until sulKeipu iitly revived liy the instructions of
the ftth of November, ISb'.. A few dates and facts establish this view.
The inslructi«»ns to (leiieral Kearney, on which he relies for his authority,
arc dated (he iinl and ISili of June, Isji'i. Now, it s<» ha|>pens that, on
the I'Jiii day of duly, in the month following', instriU'tions of the most
peremptory chaiaeter were di-ipatched to Commodore Sloat to concpier,
btdd, and u'overu ralifornia, and to let (Jeneral Kearney know of these
insiruetioiis, and that tlu-y hid the sanction of the President. Jlere arc
o.\trat-ts from the orders to Commodore Sloat ; and, although they did
not leai'h his liands, nor those of his siu'cessor, Comniodore Stockton,
until after the country w;is eoiiiiuercd, \(M, 1 am advised to say, their
t'lVect is the same upon liii-- prosecution. This is not case of an olHcer
proseeuted for not obeying instructions, in which case it must be shown
they came to his hands; but it is a proseeution agiiin.st mo, as successor
to (io\enu)r Stockton, for dol.iji what the instructions commanded. In
this case, the anticipation of tlie orders is an additional merit in comply-
ing with them; and such is the case with the orders in cpiestion.

"The.se instructions are near a month later than tho.se to General

Tin; DKI'KNCF.

ll'ttT of

l)Solutc

isi'd hy

>iii tliu

lUS of

view.

lority,

iit, on

most

)U(pu'r,

tllt'SO

ro lire
cy (lid
■»i'Uton,
, their
(illicor
si 1 own
•lossor
d. In
omply-

Kpftfnoy, and not only cspctially ('(nifidt' lliu coiujiicst, prcscrviition, and
civil ^'ovrrniiM'iil of ("nlilornia to llic imva! toiiiiiiandtTM, hut rt'tjiiiro llio
naval fort'cs to iiold the coiMitry till the pcufi', and din'rt (Jcnoral Kcunu-y
to Im> ihforiMcd an-ordiii^'ly ; and fiirlhi'i' iiitoriiifd that all this instnii**
tion to the naval coiiiiiiaiidrrs had thi> siiiution of tlw I'rcsidcnt.

" I, with tlir hattalioii I coiiiiiiaiiilt'd, was part of the naval fori'o to
wliifh this duty was loiifidcd. (('oiiiniodorc Stockton's tfstinioiiy, iJTtli
day.) This order rcinaiiicd in foree until the instnietions of the nth of
Novt'inher arrived in California, whieh was not until the llUh day of
February, 1817, ano which wkkk nkvkii commimcatki) to mk, asi» of

■\Vni(;lI I HKMAINKI) TOTALITY MJNOKANT Til. I, SIN(K TIIK COMM KN( KM KNT

OK THIS THiAt,. Neither (ieneral Kearney, Coiiiiiiodon^ Shiiitriek, or
('Onunodoi'u Biddle, ooiiiinuniealid them to nie, although I was then
poveriior and eoininantler-in-chief ia ('alii'ornia, tnider the oonunission of
Conmiodore Stoekton, to whom the instructions of the ath of November
were addressed; nor were they conniunicated .to Commodore Stockton
himself, until more than a month after they had been received. They
were evidently concealed from me, for a purpose not yet exjilained. Hy
these instruction.s the military and civil duties, conlided to the navy,
were transferred to the commanding; ollicer on land; another i)roof that
the land-ollicer did not then possess them, and that ollicer was .specially
named ns General Kearney or Colonel Mason.

" The instruction says : ' The President has deemed it best, for the
public interests, to invest the viiHttir;/ olHcer coininandin}:^ with the
direction of the operations on land, and with the culm iiiint rat ive funetiona
of governnient over the people and territory occupied l)y us. You will
rrlhiquish to Colonel Mason, or to (Jeneral Kearney, if the latter shall
arrive before you have done so, the entire control over these matters,
and 'turn over' to him all papers necessary to the performanc*; of his
duties. If oflicers of the navy are employed in the performance of civil
or military duties, you will ^\l♦hdraw or continue them, at your discre-
tion, takinj* care to jint them to their appropriate duty in the scpiadron,
if the urmy ollicer commanding does not wish their services on land.'

" T'ntil this dispatch was received by the naval connnanders, those
of July the rjth abro;xating those to General Kearney, remained in i'uU
force ; and it was only by virtue of these orders, of the oth of November,
thiit he acquired the command, nnlitarily or civilly, in California. And
it is in evidence that Conunodore Shubrick had received these instruc-
tions, of the I'ith of July, at the time that General Kearney visited him
at Monterey, and had consultations with him, and was sent by him in a
nhip 10 Ycrva Uuena, and that he made known to General Kearney, at

!!■

(

r ii

!:1 1,

i
1

III

iilil

ii7S

MiK AM> 8i;uvici:b or joiin c. I'Ki:m»»nt.

(hnt tinio, that tlio nivval ooniniiiiidcM's woro cliurtr''*! with tlifl whole con-
fUK'^t, (Iflniif iiikI f,'(»vcrmiiriit (if ('Mlironiui ; jiidI tlwil tlicy ((iciii'ral
Kt'ai'iiry ami ('oiiiMioilort- Sluiliciik ) niiiliiallv ii;;ri'(>cl not Id (li>liirli the
existing' >lalc nt alliiir.^ iiiiiil thr ^'iiM-riiiiiciii had liirlhcr ln'cii hcani trniii.

'* ll is iliMi' tli:il iht' iii-tnuiioMS to liit- (iilHriiil Idiiindm- ol ihr mt-
Vioo were not pr(»|»i'rly c«)ii>i.-*tt'iit, ami liial touriiiiciiriM iiii/;lii liave
arisen under llicni tliat would have neeessarilv [n'ddiiced a i(iiilliri of
uuliu)iity ; lint it is also clear lliat it was tlie intent of the j,'it\irniiu ut
tluit the right and duly of the navy to e«)n(iuer, preserve and govern
Caiilornia should renuiin eoni|>lete atid entire until the arrival of tiie
instruetions of Noveinher r)tli, ami that no eoncurrenco tliil arise that,
under tlie |>lain interpretation tif the army instructions, could justify a
colli.-ion. All this is iairly staled l)y the Secretary of the Navy, Mr.
Mnson, under the express orders of t' ? President, in a dispatch of the
lull of June, 1S47, directed to the naval conimunding ollicer ou the
California station.

" That dispatch contains these passages :

•' ' The 7ni.siip/ir(fir)islnu between the eonnnanding ollicers of the arrny
nnd navy in California, which is mentioned in the lelier of Coiniiiodore
Shul)riel\, ahove referred to, must long since- have lic'ii removed hy the
Vertj tU'lilUit iuxtriiciiohs irhirli htliv si hvc Ini )i rtri/n.tl in ilint cntintrif,
* * * * At the commencement of the war with Mt'xico
the United States had no militaiy force in California of any descri[ition
whatever, aitd ffir criK/ncst of tliat coimtri/ was from necessity, thvrvfore,
divolitd I xvlusirelji \tfion the nar;/. * * The con(|iiest brought

with it the necessity of a temporary civil government, ami, on the 12th
of July, IHlt'i, Commodore Sloat was informed that such a f/overinnent
nhou/d he exiafUishrd under his protection. Contrary to all expectation this
dispatch did not reach California iiiifilthearrieal tlure of Ueneral Kearney.

"'On the ."Jth of Novend)er, 1S40, Commodore Stockton was informed
tlmt I lie President has deemed it best lor the public interests to invest
the military ollicer eomnnuiding with the direction of the operations on
land, and with the adniinisfratire fniictions over the people and territory
occupied hy i<s. He was also directed to relinquish to Colomd Mason, or
to (leneral Kearney, if the latter should arrive before he had done so, the
entire control over these matters, and to turn over to him all pajjcrs
necessary to the performani'e of his duties. It was htlicved that even
this dispatch mif/ht anticipate the arrival in California of General
Kearney.

"'SiMiLAU instructions were coniniunioated to Commodore Stock

tore,

2th

tent

this

•nt'f/.

•uwaI

ivrst

t.v on

Hory

II, or

the

LjK'rs

even

iieral

T4IE DITKNCK.

07a

ton iinrlor <1ato of ,A/»>//rr»/ M, 1S47, iind wcrf rt'novvoil (o romiiindoro
SliuhricU iimliT iliiti' of .!/«((/ In, \x\!. A i(i|>y of ihiwc l;is, iii~tiuc-
tioMM, whiivli oil thin fiiltjfct an- very lull iiml ili-itiiicl, i.rc licrcwith
ClU'losnl.'

" All tliisc (li»|);it(licfl Wert' too liitc. Till' ini-i'liiff wa-< all iloiif licforo
tlii'V urilvcd, ami they h-avc tln' naval otlicnM i()iii|il(tcly jiistilird, ami
Gi'iicraj Ki'ariify wliolly without t'Xfiisc tor atii'miiiiiiir 10 make hiiiisclt'
povciMor of California in a raso not conh iii|>laiiMl hy his in^'tnu'tion.'",
nml in \vhi<h In- would have to i-oiiiniciuf with ilisorpiiii/iiip; an csla-
l)li<hi'(l civil L'nVfninH'iit licforc ho (.(hiM Ipririn to orjranizt' one. Ilis
whole (.•omliut, IVoin the' day ho mot Mr. ("arson, was oontrary to tho
Intont and moanin;^ of his instruotions. IIo was to cominor Califoriiiii ;
it was alroaily conqiiortMl. He was to ostahlish a oivil ^'ovoriiinoiU ; it
vas alroaily done. IIo wan to load an Hriny to Caliiornia ; lie took only
n porsonal osoort. IIo tiiriiod hai'k two-thirds of his drapoons ; ho
fihould havo turiicil hack tiio wholo, and liiinsidf with thoin. IIo should
not havo applioil to (iovoriior Stotdvtoii to solid him aid to San I'asipiai,
und to tho l.ill of Sai. Moriiiirdo, if in" iiiiiMidod to o(»iitoMd wiih liim lor
Biipromary aficr ho ^'ot thdo. !lr should not havo allomptoil to foumi a
claim to tho povoriiorship on iho victories of tho Sth and lHh of .l.iini.irv,
nftor tho rofutation of his claim hy Comiuoiloro Stockton at San Uic'.'o.
He .should not luivo protended to havo lH>on commaiidcr-in-cliief on thu
miiivh to Los Anf^olos, in order to found upon it a olaim to tho frovornor-
ship in rif,'ht of coiKpiost. IIo should not, ovoii if tho httor of his
instructions had Ixtriie him out (which th^v did not), liavo attempted to
take tho fruits of oomiuost from those who had coiKpierod tho country
boforo ho came to it, and without who.so helping hand ho could not havo
got to it.

" I havo now niado clear tho riirht of fiovornor Stockton, under wlioiu
I hold the governorship of California at tho time of the act done, which
i-** charged in the specifications under examination to he governor iiini-
solf, upon his own assumption of tiio oflice, and afterwards to appoint
mollis successor; and that those governors!;!;'? wvvc Valid under the
law of nations, until disapproved hy the President, or tho incumhouts in

some wav lawfullv relieved or

(II

scl

lartrod.

11.

iiviiijr done this.

instructed by coun.sid to resume my original position, as in the letter of
the ntli January, in declaring that all this dilhculty in California was a
question between my two sui)oriors, which should have been settled by
the governmont between them, and not sotth d in my person liy trying
me for mutiny and disoboihcnce against one of them — charges to which
I might have been well exposed in disobeying the other. And I am fur-

'i i

III

i'li

! I

280

LIFE AND SKRVICI'IS OF JOHN C. FREMONT.

-,l

ther instructed by counsel to renew, and to repeat, in the most solemn
manner, the Protest heretofore filed in the War ( ITice by them, in niy
name, afijainf^t the ii.m-koamty and injustice of thus trying me for the
acts of (/Oiinnodorc Stockton and (ieneral Kearney, or for declining the
responsll)ility of settling their disputes of authority,

" 2. The second head of my defence, in answer to these two specifica-
tions is, that General Kearney at that time had no right to command the
battalion to wiiich the order of the IGtli of January was applicable. The
argument heretofore made on this point, is referred to witliout repeating
it, to show that this battalion was part of the naval forces under Com-
modore Stockton, and that ic was my duty, as slated in my letter of
the 17th of January, to continue to receive orders from him in relation
to it.

" 3. The third head of my defence to these two specifications is, that
the order of the Kith of January, 1817, besides being illegal in itself,
had no relation to ary otiier change in the battalion than the changes
intended at the time it was given. This illegality has been heretofore
shown, both as being issued without authority by General Kearney, but
also because it was in positive violation of the riglits of the men, most
of whom had engaged for the ex|)edition alone, and that being over,
were entitled, by their contract and by law, to their discharge. Many
were accordingly discharged, and others engaged, and all for the neces-
sary service of the country, and under my authority as governor and
commander-in-chief. The nullity of the order, as being founded on the
familiar note of information extracted from me by General Kearney, and
perverted into a military official report, placing myself and the battalion
under his command, has heretofore been shown ; and the facts and argu-
ments adduced on that point are now referred to, without being repeated,
as applicable to this order of the llUh of January, at its present '■epro-
duction, and as often as it shall be produced hereafter. Illegal and null
as it was for the purj^se of its issue, it is clear this order had no rela-
tion, at the time it issued, to anything but the re-organization then
intended, and which resulted from discharges proper to be made, and
promoting Captain Gillespie into my place, I being that day commis-
sioned as governor and couniiander-in-chief, to take effect on Commodore
Stockton's departure. The circumstances of the order, delivered in the
night, limited it to that immediate impending operation. Tlie charges,
as preferred by General Kearney, so limited it, he having testified before
this court that he preferred but a single charge (understood to bo
mutiny) ; that these were not his charges ; that they had been changed.
This can only mean that he has not extended the order of the 16th of

THE DKT-KNCE.

i>8l

before
to bo

hanged.

16th of

January to subsequent acts — to changes subsequently made in the bat-
taHon. With this corresponds his testimony l)eforc this court (9th day,
near the close), that he left no orders for me when he left Los Angeles.
The question then put to (Jeiieriil Keuniey >'n this j)oint was, ^ Did jion
leave any orders for Lie.utiinant-(hlouel Fremont^ or take leave of him,
or give notice to him of your goinrf away, or let him knoio where yon tocre
going f The answer is, ' I did not ;' tliis answer applying categorically
and negativfly to all four points of the interrogatory, and establishing
the fact '^at Genci\il Kearney left Los Angeles without leaving any orders
for me, without taking U ave of me, without giving me notice that he
was going away, and without letting me know where he was going ; and
I am instructed by counsel to say, that it is carrying the doctrine of
constructive criminality rather too far (oven if General Kearney had been
my lawful and acknowledged commander), to construe into the crimes of
mutiny and disobedience of orders, and of conduct prejudicial to good
order and discipline, any act done after he was gone, when I had no pos-
sible guide but my own discretion.

" ^Specification 8, under the charge of mutiny, and also for disobedi-
ence of orders, is, for the order of Louis McLane, Esq., of the TTnited
States navy, in his character of major of artillei-y in the California ser-
vice, to make further enlistments, and to examine into the defences of
the country. The answer to this specification is the same as heretofore,
both with respect to (ieneral Kearney's authority, and my own rights
and duties as governor and commaiuler-in-chief in Calii'ornia, and the
nullity and inapplicability of the order of January Itjth, 1847.

^^ Spccijication 4, under the charge of mutiny, is based on the letter
of Fel)ruary Yth, 18 tY, to Commodore Shubrick — a letter which is set out
in full in the specification.

"The offence imputed is twofold; first, mutiny, in assuming to be
governor ; and second, mutiny, in endeavoring to entice Commodore
Shubrick to countenance and abet me.

"The letter was written in answer to one from Commodore Shubrick
to me, and I received another in reply ; that in reply I will now intro-
duce, to show that at least Commodore Shubrick himself did not look
upon what I had written in the light in .vhich the ingenuity of this prose-
cution has contrive 1 to repi'csent it.

" ' U. S. Ship Indkpendekcb, }

HAJinoR OF MoNTERKY, Fehriuii'1/ 13, 1S47. )

"'Sir: I have the honor to acknowledge the receipt of your letter of
the 7th instant, and shall detain your courier as short a time as possible

2S2

LIFK AND SKUVICKS OF JOHN C. FKKMONT.

1 ;

for my answer, atul will iiiso iivail myself of your kind oner, to forward

dispalclics H) till' I'liiltMl States.

" ' When 1 wrote t!) yon on tlie 'J.'itli nltiino, 1 was not informed of the
arriviil ol' iSii lier (ieiuTal Kearney in Calil'ornia, and addressed you as
the si'nior ,iiieer of tiu' army in the territory; on the 2Hth, liowever,
lijivin^' understood that the general was ut Lo.s Angeles, 1 addressed a
simihir letter to him.

"'On the Sih instant, (Jeneral Kearney arrived in ti. Is harbor, in the
sloop-oi'-Wiir, Cyane, and lel't by the same eonveyanee on tiie llth, for
San l''rnneiseo. While the "^'eneral was here, we eonsulted fully, as en-
joined on me by my instruetions, and on him by his, on the measures
necessary to be taUen by us for the security of the territory of Califor-
nia.

"'I am looking daily for the arrival of Commodore Stockton in this
harlior, when 1 shall, of eouise, receive from him a full account of the
measures taken by him while in command of the sipiadron.

"' It is to be hoped that the pleasurt" of the I'resident of the I'nited
Stat(>s on the subject of the organization ol' a civil government, and of
the ini'asures taken by Commoiiore Stockton ami yourself, nu\\ be soon
known, iiiid it will give me ])leasure at all times to co-operate with the
oivil goveinment, as wrll as with the military conunander-in-chief, for the
jieaci^ and secui'ily ol' (lie territory.

" ' I regret to say that, not anticipating any unusual draft on thom, tlie
fuiuls brought by me ar(> barely snilicienr, with the most eeononncal ex-
penditure, to meet the wants of tlu! scjuadron.

" ' J am, very respectfully, sir, your most obedient servant,

" ' W. IJUANKOKO SllUHKICK,

'' ' Comina)idcr-iH-ch'uJ\ U. S. naval forces.
*' ' Lieutenant Colonel Fkkmont, &c., &c., &c.'

"The i>lain deductions of this letter are, that Commodore Shnltrick
and (ieneral Kearney, having met at Monterey, l>ad eonsulted together,
eompared their several instructions, agreed upon their respective powers,
and arranged the course of action iliey judged proper. All this appears
in the third i)aragraph. What the course of action agreed upon was, is
to be drawn from the fifth jiai'agraph ; and the neces^a^y inference is,
that it had been found either not eomiietent, or not proper, to disturb
the existing ^tate of alVairs, bel'ore 'the |)lea,<ure of the President'
phould be i'ui'ther asccrtaiiu'd. Tlu' leitei' does not bear any other inter-
pretation ; so that, wliatever the tenui'c of my ollice as goverxor may
Lave been previously, this amounts in the legal phrase, to quieting me in

fri'siili'ut
IliLT iiit».'r-
rxor uiiiy
ny me in

BTOCK'KJJS AM) KKAKNEY.

283

poxaes/fion, by common constTit, till siicli time as tlio govornmont at
lioiiif should (lirci't (liU'crcntly or dclinitiv ci) . Tlii- is tlu' pliiiii iiii|)()rt
ol'tlic IcItiT, aiid it' lU-ytiiiiiL'' conliMry to if \v;ii iiilriidi'il, I never liearil
ol' it, nor was iinytliinLj ('(inirai'v done, till more tlian two weeks al'trr tlm
ooiitiiij,'enc'y rescrveil (liirtlier iiistriietioiis from ilie ^'overnmeiii ) iiad
happened. Tliat 1 did not miseonstnir Hiis letter, as 1 reeeived it then,
and as eirriimstaiioes jiistilied my eonstrni.'iiun of it, is rendered certain
by the additional li^dit whitdi 1 have upon it now. Tins adililional lij^iit
JH found ill the disi)at(Ii o<' Commoilori' Siiub'ick to the eovernmeiil, of
even date with the above letter to me. Jii this dispaleh is the following:

"'Sir : Pinee my letters of the '2(U'-, 'i7th, and "iSlh tiltimo, jio impf)r-
taiit ehaii^e, so far as I ran learn, has taken place in the territory. The
I)eo|)ii' si'em to be settlini^ down into (piiet ae(|iiie,-eenee in tin rhuniio.
of <i<>vi ymiK-iit. Tiiose liesi aei|iiaiiited with their temper and di-po.-ition,
do not ajiprehetid fnrther disiuihanci' of tlie jpeaee (d' the eoiititry.

" ' (ii'iieral Kearney ;i)'ri\ed here on the stii, in tlie sloop-of-war
(■yaiie; and, after the addjition of such measnre-; as we thoHLdit iieei'S-
sary here, / xinl Jiini In Smi I'miicisio^ in tlie Cyaiie, to which place I
ulioiild have accoiiipained him, Inn th.at I am looiiinu- daily for the ari'ival
of Commodore Stdelitrni from San [»ie;j(), and it is important that [
should rcci'ive his reports before I iro further.

"' You will have learned er<' this that an unfortimnte dilfereiice has
taken ])lace between Commodore Stockton and (leneral Keaiiu'y, and
between lite ji-eneral and ("olom 1 Tremoiit, i;rowin^'' out of the uppnint-
incut of ('o/oiii'l FriDh lit OH riril (jovtriior <if ('(t/ifoniiit hii thr vouinio-
dore, and the refusal of the colonel to recogiii/o the authority of tiio
general.

"'1 have, as enjoineil on nu' by my instnu'tions, exchanged ojiiniona
with (Jcut'ral KeariU'y, and shall rimlhnic to cntcirt with him snch. tin a
Siircs (IS 1)1(111 srciii Itrsf for keeping (piiet possession of Califorina.

" ' With regard to the civil government ol' territory, untliorihi for the
establishment of which is contnined in your iu-;tructions to ('(uumodore
Sloat, of 12th July last, which I received by tiie Lexington, measures
have been, in my opinion, prr/inifurrli/ fnk, ,1 by Commodore Siockt

on.

and

ail

(i/>jfi<>/ !, /iiintt, of '/')('< riioi' until -^ ol a gentleman who, 1 am led to

believe, i.« not acce|)talile to the people of ('.iliibi iiia ; //.'■' a- the intention
to mak? the ap])()iulim'iit was, I undersland, eommuuii aled ui the

'resi-

iialion as to hi< w i-l;e- ma v lie

dent a.s early as .August last, and iid'ori

POOn expected, / Ikii'i: (!■ imii'l iik] tn dirull sii-Ji iiif'oriiKil'iDi, ;i'id eo'.ilillO

mys(df for the present, to arrangements for' the ijuiif j,:.;sf.'isliiii ,>j Ike
territory, and for the blockade of the coast of Mexico."

V':

|ii ■;

■ !■

■!>■:

i '!

! .

28 1

LIFE AND SERVICES OF JOHN 0. Flii:M()NT.

"Now, tliis is conclusivp of Commodore Slnihrick's intontiong and opin-
ions, his vit'ws of Ills authority, iiml of the manner ho determined to ex-
oreise it. It is eonclusive tliat thouj,,'h he was pleasi-d to impute prccipi-
tnni'if to (lie action of Comuuxlore Stocl<ton, and had been 'led to
believe' that tlie a|»i»oiiitmeut made l<y him was not of the rij^ht sort of
u person, yet that he did not (piestion its lej^ality, nor the authority for
niai<iiig it. It is also eonelusive that whatever doubts he had as to tho
proprivfy of the apfiointment made by Commodore Stockton, he did not
feel authorized, even under the powers whieh he held, to disturb it ; or
at least that he declined to do so. Not to disturl), was to continue ; ' <o
awnW the information from the government, concerning the appoint-
ment, was to recognize the appointment in the meantime, and, in efleet
(if that had l)een necessary), to eonfn'm it.

"Such was the action of Commodore Shulrick after a comparison of
his instructions with those of General Ke.nrney, after consultation with
that ollicer ; and such was the eifeet of that action upon m,v appoint-
ment.

" I now proceed to show that, in determining on this course of action,
Connnodore Shubrick had the agreement and ac<iuiescenee of General
Kearney. This appears in the ofiicial dispatch of tho letter of l.jth March,
which, after relating his meeting with Commodore Shubrick at Monterey,
on the Sth of February, proceeds as follows :

" 'On my showing to Commodore Shubrick my instructions from the
War Department, of June od and ISth. 184t», he was at once prepared to
pay all, proper rvKpcct to them ; and being at that time the commander-
in-chief of the naval forces on this station, he acknowledged me as the head
and cmnnaiiJcr of tfie /roops in California, which Commodore Stockton
and Lieutenant-Colonel Fremont had hitherto refused. lie then showed
me the instructions to Commodore Sloat of July I'ith, from tho Navy De-
partment, received by the Lexington, at Valparaiso, on the 2d December,
and which he had brought with him from there ; and, as they contained
dircrtloHs for ihvnmodore Sloat to take charge of the civil ajfairs in (.'all'
fvr7iia, I immediately told Commodore Shubrick that / checrfulli/ acgiii-
esced, and was ready to afford him any assistance in my power. We
agreed upon our separate duties ; and / then went to the bay of San
Francisco, taking with me Lieutenant llalleck, of the engineers, besides
Cajjtaiu Turner and Lieutenant Warner, when was made a reconnois-
eance of the bay, with a view to the selection of sites for fortifications,
for the protection of shipping in the harbor and the security of the land
forces.'

" This establishes that General Kearney acknowledged the authority of
Commodore Shubric': over the civil affairs of tht tc -ritory, and acquiesced

id opin-
d to ex-
preripi-
'It'd to
sort of
ority lor
19 to the
> did not
'b it ; or
ime ; ' to
appoint-
in elleot

iirison of
lion with
■ appoint-

or action,
f GontTal
th March,
Monterey,

from the
oparcd to
lunander-

t/ie head
Stockton

showed

Navy De-

oceniber,

ontained

in ('ali-
II 1/ acqui-

vv. We
ly of Ban

, besides
cconnois-
itications,

the land

Ihority of
teqidcsced

THE DEFENCK.

2S5

in the detorniination of that olTicer not to disturb Commodore Stockton's
appointment until further information from tlic povcrnment ; and that
tlio two nijrecd upon tlicir separate duties in the premises. This letter
also estal>lishi^ another important^ circumstance, viz. : tlie true weight
and vahie attadied bylieneral Kearney himself to his instructions. ' On-
s/toii'inif to Coiinnvdori' S/ni/irlck »//// instructions^ he irns at once prijntrrd
to pull/ (til propxr respect to thon, and hrini/ at that time coinniandrr-iif
chief of the naval forces, he acknowledijed me as thk hkao anm) com-
mas dkr OF THE TR()(»ps," &c. The latter part of the sentence rests
entirely ujjon General Kearney ; the letter of Commodore Sliu])rick,
containing nothing of the sort, and the phrase used in it towards (Jenerol
Kearney, viz. ; ' / sent him in the *^yane,' &c., would seem to imply tiie
contrary. But grant General Kearney'8 position, and it results tliat In hia
own estimation a '' proper respect^ to his instructions only requiro<l him
to be acknowledged as ' the head and commander of the troops,'' and
that he did not consider himself entitled under them to interfere with
the civil affairs. General Kearney adds, after stilting that ' he acknow-
ledged me as the head and commander of the troops,' the words, ' which
Commodore Stockton and Lieutenant-Colonel Fremont had hitherto re-
fused.'' Now, what is the testimony to this point ? Commodere Stock-
ton testifies : ' After General Kearney arrived, and in my quarters and in
presence of two of my military fiimily, I offered to make him commander-
in "hief over all of us. He said no , that the force ii^as mine.''

" The agreement as to their respective powers, between Commodore
Shubrick and General Kearney, and the determination of the iuruicr,
with the accpiiescence of the latter, that the state of affairs then existing
should await further information from home, was, no doubt, the legal and
proper course, and had it been continued in, every thing would have pro-
ceeded harmoniously. It was continued in, so far as appears, until after
the receipt of tlie instructions, which they had determined to await. Tiie
wrong consisted in not obeying those instructions. I put out of view
entiri'ly, in this connection, my right to be lawfully and regularly reliered,
and plant myself on t'lo express letter of the instructions of the 5th Novem-
ber. These are mar.aatory to the naval commanders to rcliiKjuish the con-
trol of the civil administration, and to ' turn over ' the p<ipers connected
with it. The oidy way in which they could be obei/ed was for that com-
mander to inform me of the order he had received, and take from my hands
the office, and the archives connected with it, that he might, as directed,
'relinquish' and ' turn them over' to General Kearney. For some purpose
yet unexplained — unless its object is seen in this prosecuiion — tliry were
not obeyed. I was kept vn ignorance of the wishes of the government,

' 1:

'II 1 ■

liilil

'Ml

28G

LIFE AND SKRVICKS OF JOHN C FUEMONT.

and Oonoral Ivpamoy nndortook hy wrongful orders to Rot jiossossioii from
mc of what lie could only lawfully rcc Ivc from Coiniiiodorc Shiii)rirl<.

"And on this I K'ltvo tlu' dot'ciu'o of this act, both where it is clmrged
as iiiuiiny, and where a« an oll'ence ap^ainst discij)line.

" Sjnirijicntinn T), under the charuc of mutiny, is based on tlu^ letter
to Mr. Willard Hall and diarized as a desifjn to persuade him (Mr. Hall)
to aid nio in my mutiny apainst General Kearney. The tirst unsw( r of
Mr, Hall to the first t,:iesti()n put to him (:;lst d«y) entirely nef::atived
that chari^e. On the day aft"r Mr. Hall came into court, and desired to
explain his testimony. The explanation went to show that by the expres-
sion ill the letter, 'cannot sidfer myself to be interfered with by any
other,' that freiieral Kearney was meant. The answer to the next (piestion,
however, was, that (lener.d Kearney was not there at the time, and that
Mr. Hall did not know wliere he was, and so negatived the ' explana-
tion.' Moreover, as I was not in mutiny myself, I could not have
been inciting others to mutiny. The letter itself is all the defence which
I make to this specification.

'■' Spccijlcnt 11)11 (■), under the charge of mutiny, is based on the pur-
chase of an island near t! e mouth of the San Francisco Bay, for the
Uniti'd States, taking the title to the United States, and i)romising the
payment of ^5,()()0.

" My answer appears upon the face of the papers, that it was done
as governor, and for the benefit of the United States; a fact whicli, if
1 understand ti.e prosecution, and the decision of this court, refusing to
receive any evidence to the point, is admitted.

'■'■ l^l-ici'ijtfntiitn 7, under the charge of mutiny, and specification 4,
under the idiarge of disobedience of orders, are for the same act or acts,
and will be considered together. Not mustering the men of the Califor-
uia battalion for payment is one of the points of the charge : the evidence
shows that the men, without exception, refused to be mustered. The
orticers, whose pay would not be nuiteriallly affected, were willing to be
mustered. Not marching the battalion to Verba Buena, and ordering it
to remain at San Gabriel, and ordering Captain Owens not to deliver up
the cannon of the battalion, are the essential points of the rest of the
specification, with the aggravation of not obeying the orders brought by
Captain Turner, after promising to do so, and disregarding the procla-
mation of General Kearney and Commodore Shubrick.

"The order by Captain Turner was delivered on the 11th of March :
on the loth I gave my orders to Captain Owens, based upon my intended
visit to Monterey, and on their face intended to keep the troops iu a con-
dition to sustain themselves, or to repel actual invasion.

on from

r'u'k.

chiirgod

lio li'ttor
,lr. Hall)

1S\V( 1' of

cf:;iitivcd
fsirod to
(> oxpros-
\ by any
(liR'Stion,
and lliat
' explana-
not have
ice which

I the pui-
f^ for the
iii,<nig the

I was done
which, if
■fusing to

cation 4,
t or acta,
e Califor-
cvidonce
cd. The
nig to be
rdcring it
deliver up
est of the
rough t by
le procla-

f March :
intended
in a COU-

TH K DF.FEN'CE.

287

"No notice of the President's instructions of tlie .Ifii of Novendior
was sent to ine, nor did t!ie joint proclainiition, or any otlicr paper rliat I
ever saw, refer to tliein. I was tlien governor and coM\i:iander-in-i'liief
in Calilorniu, and had a right to !)(< regularly relieved, if any instiuctions
had terminated my power, and no one liad a right to dejiose nic by force
and violence.

" Tlie statement which I shall now make, is based upon the evidence
given \1S' ditU'rent witnesses, who testified to tiie jioints I shall mention,
of whom Major (Jillespie, Colonel Russell, r.ienteiiant Minor, of the navy,
(,'aptain Cooke, l-ieuteiiani, I<t)ki r, were the priiuipal.

" After the cai)itulation of ('ouenga, the country imnu'iliately snb-
slded into |)rofound tran(|nillity, and security of life, person, and property,
liccame as complete as in any part of the United Stutes. Travelling or
at home, single or in eompany, armed or defenceless, all were safe.
Harmony and good will prevaii(>d, and no trace of the suppressed insur-
rection, or of resentment f^..• what was passed, was anywhere seen. I
lived alone, after a short tiin(>, in the ancient capital of the governors
general of Los Angeles, without guards or military ])roteelion ; the bat-
talion having been sent off nine miles to the mission of San (Jabriel. I
lived in the midst of the people in their ancient capi'.al, administering the
govcrinnent, as a governor lives in the eapilal, of any of our States.

" Suddenly, aiul in the oeginning of the month of March, all this wa.s
changed. ' Men, armed to the teeth, were galloping about the country.'
Groups of armed men were constantly secii. the whole population was
in connnolion, and everything verged towards violence und bloodshed.
For what cause? The ai)proach of the Mormons, the proclamations
incoiupatible witli the capitulation of Coucnga, the prospect that 1 was
to be deposed by violence, the anticipated non-piiymcnt of govt.'rnment
liabiUtics, and the general insecurity which such events insi)ired. Such
was the cause. 1 deternnned to go to Monterey to lay the state of things
before General Kearney, and gave all the orders necessary to preserve
tranquillity while I was gone. 1 then made that extraordinary ride of
which testimony has been given. General Kearney is the only witness
before the court of what took olace at Monterev. Ife seems to know
but of two events in my interview with him : that I insulted him, and
oH'ered to resign my coniniission. It can hardly be supposed that I rode
40U miles to Monterey, in less than four days, and back in the same time
for such purposes; yet these are the only things done in that visit, as
c-^tublished by. tlie testimony before the court. To the question, wliether
I did not mention the eiovernmcnt liabilities, the answer was that ho did
not recollect it, but would have refused if the application had been made.

^'' !;

. arRVICE3 OF JOUN C. FREMONT.
^oo LIFK AND SLRVICEd ur

nf a witness, and admonished of tho
Th.t I waB interrogated in presence of a w.tn ^^ ^^^^ ^^ ^^^^^^ ^ „,,

i,n .ortance of any answers, h proved by h ^^^ ^^^^ ^. ,^. „^,,„.

a r a .• resolved, as has since ^PP-J ^'^^^ " ,,,1 soen.ed to be iuM-nd-
o tta son>ethin, of n.oro importan ^^^^ ^, eonunumcat.ou

" A little tin.c was allowed - -/:^^;;,,,,er 5th. Supposing that
:as nuule to n.e of t^> V'"'" HLence 1 submitted, in order to pn;-
rias to be deposed by ^^^^^^^^ results to the public service
vent that conseciuence, and th. mj" ^^ l,,, ^..eles.

Ihat would follow sueh -ont^ ; ^^ ^^.^^^^^ ^^-^«^"' Ta

u These are the meagre ^'^^^^^ ' ^i,..,,,ions of this speciheation
,Uch 1 rely for n>y defence to ^^^^^^^^^ ,,,,,,eed in tUe ^P-b -
uBut 1 think proper to add, t^''^^. ^' \" ^, i,,, as the state of ho
,on though they were ^^^ J:7|;^t::^;;tion-that of re^^ustc^^
rountrv would allow, were, with a s n ^^ November direct

rtttahon-iUogal. The ^^^^^^ ,, General Kearney ^r
that the naval convna...kr .^^ ^ idministration, and turn oer
Colonel Mason, the control of the en _^^^^^ ^^ ^^^^ ""^""l^'e.

all papers connected -^^-t .^^'^^^ ,,,ieation to me, and my conse
themselves, t^^^vefore, made tlur con^ governorship, "^^^^^^^-yi^^^f '
auent regular and lawful relief fiom the .,,,,„,i,tent with that,

i:Zl o? ^--^^^-r^^;::L X^ :: ariMveswere contrary to
.ere unlawful, wMle the one co^^^^^^ " . ^ ^ „^,,,, ,,. of

the express letter ol tli^ ■ ^_^,,;„y_ „nd 6, «><"-

.. ,Sp«i/ca<io» 6 "" ■;; *'^ j':,r u,e same act, and recc.vo ftc same

'" *Ki/.V»(i"« 0, of ma.i.^^ .s ""'■f^l „,ri,, government paper
U.e,o/at San Pe.lro, on tbe «'' «' «"^^^' „,„„ ,„ it is, that the order
■„, discharge of pnbiie dues, ^-^"^^M „,aer previously gtveu •! c
in ,vriting, of that day »as to cover ,i,,t ne.ihe. Con

offlcer wishing tho .rittcn "j*^ '^'j'^' i„ „e any notice of the Pre«-
,„„dore Shubrick nor any othc, pe.son g ^ ^^^^ ^^^ „„„„„,

";„tV,n.truc,ions °'\ '^o;™*!:' "', 'wed to »hat I believed to be a

'^:fe...>0,of.h=cha.e.m.i^an^e,.^-^^

::r.u:^rtrs:i=:;rdinapp— oftheo^

January 16, IS-il.

THE DEFENCE.

2R9

icd of tho
that timo

,osing t\»ftt
ier to pv«-
oUc service

,ert, and on
aticatioa.
i\ic specilica-
statc of tUo

rc-nnistcring
ember direct

Kearney, or
,1 ' turn over '
e inslructions
,ud my consc-
•essary, and all
,tent with that,
,rc contrary to

under that of
.ceivc the same

Tdcring the col-
vovnmont papcT
, that the order,
'ously given, the
liat neivher Coin-
ticc of the Pre.i-
d not then, nor
believed to be a
governorship ot

f disobedience of
^(1 commandcr-m-
order of January
at 1 ^-as governor
of the orders ot

** Specijicntlon 11, of mutiny, and Y, of disobcdionco of orders, are
based on the same act : that of not obcyinf» the order to repair to Mon-
terey, given to me on tlio litUh and 28th days of March. This failure to
obey that order is sufficiently accounted for in tlic testimony, wliich
shows the danger of travelling at that timo ; and ti)cre was nothing on
its face, or in the testimony in relation to it, which showed it to be
urgent, or that the public service retjuired risks of person or life in
attempting to comply with it. The words, ' I desire to see you in this
place,' &c., &c., as used in the order, seems not to come within tin-
meaning of an order to be obeyed at all hazards ; and the first claust- of
the order, written on the 28ti) day of March, directing me to consider all
instructions coming from him (Colonel Mason) as if they had come from
General Kearney himself, seemed to encourage the same idea of the want
of urgency in the desire to see me at Monterey.

" The following ia the clause of that order :

" ' IIrAD-QUARTERS, IOtII MiLITART DEPAnTMENT,

" ' MoNTERUY, California, March 2S, 1847.

" ' Sir : This will be handed to you by Colonel Mason, 1st dragoons,
who goes to the southern district, clothed by me with full authority to
give such orders and instructions upon all matters, both civil and
military, in that section of country, as he may deem proper and neces-
sary. Any instructions he may give to you will be considered as coming
from myself.'

" The execution of his own order, and of consequent additional orders
given to me by Colonel Mason, occupied so much time that it became
impossible to reach Monterey within the period fixed by him, and
delayed my departure until it was further interfered with by the condition
of the country.

" As a further answer to all the orders given to me on and after the
1st of March, 1847, I am advised by counsel to say that they are in
violation of the orders of General Scott, of November 3d, 1846, to Gen.
Kearney, viz. :

" ' It is known that Lieutenant-Colonel Fremont, of the United States
rifle regiment, was, in July last, with a party of men, in the service of
the United States topographical engineers, in the neighborhood of San
Francisco, or Monterey bay, engaged in joint operations against Mexico
with the United States squadron on that coast. Should you find him
there, it is desired that you do not detain him aga-inst his wishes a moment
longer than the necessities of the service may require.'

ifi

I :;ir

290

LIFE AND SERVICES OF JOHN (J. FREMONT.

" This order was oarriod ont by Colonol Miisop, nn<l came to tlio lifinds
of ficiicnil Kcai'iH'y licloro any orders issued l>y niiii witli respect to me
on till! 1st Miinli, on wiiieli day lie addressed an olliciid letter tt) irie,
reiitiii<^ that he had tlie directions of tlie ^cnerai-in-ciiief n(»l to detain
nie ^i{,'ain3t my wishes a moment lon;,'< r than the necessiii( s of the
Borvioc re(|uired, and leavinj^ mo at HiUrttj^ to leave tho countiy, after
I had comi)lie(l with tho instructions in the letter and with the oriit-rs
reirircd to. I rely upon tlie conci'idini; i)arapra|>h of tliis ollieial letter
to prove that (lenc ral Ivearney, at that time, could not have considered
criminal, and wortiiy of the prosecution now carried on, any act of mine
previous to tho writiii}^ of tlnit letter.

"Tho following is the letter:

" ' III AP-wrAllTEKS, IdTM Mll.rrAftV DKPAHr.MKNT,

" ' MoMKKKV, l^ C. March 1, 1S47

'1'

l.'i:

i;ii:

"'Sin: By department orders, No. 2, of this date, wliicli will ho
handed to you by Captain Turner, 1st dra,i,'ooiis, A. A. A. (}., for my
command, you will see that certain duties are there required of you as
commander ol' the l)attalion of California volunteers.

"'In addition to the duties alnive referred to, I have now to direct
th?,t you will bring with you, and with as little delay as possible, all the
archives and public dociniients, and papers, which may be subject to
your control, and which appertain to the government of California, that
I may receive thom from your hands at this place, the caj)ital of the ter-
ritory. I have directions from the gcneral-in-chief not to detain you in
this country against your wishes a moment longer than the necessities of
the service may re(|uire, and you will be at liberty to leave here after
you have complied with these instructions, and those in the "orders"
referred to.

" ' Very respectfully, your obedient s, "vant,

" ' S. W. Kkarney
" ' Brigadier General and Gove-nor of California.

*• • To Lieut. Col. J. C. Fremont,

" ' Regiment of Mounted Rifcmen, com-
manding Battalion of California
Vols., Ciudad de los Angeles.''

" Having now answered all the specifications under the charges of
mutiny and disobedience of orders, I have to say that five of the same
act^ on which these specifications are founded, are also laid under the

( hftnda

, to mo

to nie,

(Icliiiu
of tlio
y, i-.fter
I ordiTS
ill lottor
iisUlori'il
of iniiio

I'.MKNT, I

iT. f

I will bo
, lor my
of you a3

to direct
U«, all the

JUbj«H't to

irnia, tlmt
»!' the ter-
iiiii you in
ossitios of
ere after
I" orders"

li/ornta.

Iharges of
the same
under the

TiiK nr.ncNCTi!.

201

charpp of conduct prejudicial to pood order and discipline. I nm ad-
vised hy coiiiisd that olTcuces rmimcnifc(l in tlie rules and articles of
war cannot ho |)rosecuted anionp the non-enumerated on'ences of tho
9'.tth article of war (Ilouph, ptipe ♦WKi), hut I take no exception to any
illc;;ality or any iiTepiilarily, if siu-h there he in the charges, and yiake
the sauie answers to these five specifications, luider the i-harpe under
which they are last found, as was made uncU-r the two preoediiiR
charpes.

*' I have deemed it my duty to reply to each specification, heeausc it
ifl the duty of the court to find upon each, and liecau.Jc it is ri;.'lit to sliow
niV conduct consistent and proper witii all jjoints. I oheyed orders,
after the 1st of March, .o avoid bloodshed and violence. Not relieved,
as povernor, and dceminp them illepal, I obeyed. Now, beinp put upon
my trial, according to law, I claim tin- benefit of law, and to be consider-
ed governor initil I was rilicvcd. In thenis(dves, most of the specifica-
tions, after the first leading ones, are either cumulative or insiginficant in
the presence of tlie grave ones which precede them, and which would
hardly, of themselves, have been considered w ortliy of such a prosecu-
tion, and while replying separately to each of these minor and ciniiula-
tive accusations, I refer to the main I.'ading argument at the oiK-iiing of
the charges of mutiny, in usurping the oflice of governor, and disobe-
dience to the order of January 16, 1847, as presenting the general and
Bustained defence which the gravity of the charges recpiircd.

" I now come to a difl'erent part of my defence — but of which I fairly
gave notice to the court, and through it to the prosectition, at an early
ptage of this trial — that of impeaching the mn/ives and the credit of the
prosecuting witness. To do this is both legal and fair, where there is
just ground for it ; and that is abundantly the ease in this instance. A
prosecutor sho\dd have none but public motives; hhs testimony should
De Pcrupulously fair towardB the accused. If he contradicts Mther wit-
nesses, which (General Kearncv has so much done, it becomes necessary
to weigh their res])octivc credit ; and in doing this I have a right, and
moreover, it is my duty to myself and to others, to produce instances of
trroneous testimony he may have exhibited, either from defect of
memory, or from evil intent ; and for that purpose to contrast his own
testimony with itself where it varies, or with that of other witnesses
where thry contradict him. To this part of my defence I now proceed,
and speak first of the acts w hicli go to the motives of the prosecutor :

" 1. Giving me no notice of hi> intended arrest. He admits that this
arrest was resolvfid upon in January, 1847, and that I had no notice of it
until I was actually arre.sted on the frontiers in the latter part of August

|l I

i\t

202

LIFK AND SF.IlVrCKS OF JOHN C. FRFMONT.

Ihii

>■ t

,! i

I I,

M :

foIlo\vinf(. Others worn informod of it, btit not tny,"'<'lt', the ono ahovo
all others the most interested to l»iiOW. I wiih liroiijjht aeross the eonti-
nrtu in II Ntiite of virluiil imprisonment, to be trieil for ii multitiide of
ntVenees, eharprd to liiive been eomndlted on the Miiores of the riuilic,
without the warniiif,' whieli would enable me to briiif? evidence t(» nu-et
n sinj^le ehiir;;e ; while my aeeuser and general, brou<,'ht with him all that
he deemed necessary cither of written evidenee, or of witnesses to insure
my uonvietiou. It is iinpossibh', in my opiidon, to reeonoile this con-
duet with any fair and honorable motive. It laid me under the necessity
of tdioosinf; between n trial, broiif;ht on by siu-pris*', and almost without
the means of dcfeiu-e, or of Hun't-ring ruinous charges, er.l'oived by lu'ws-
])aper publiealions, to hati;; over my head. T.he latter, aecordinj^ to
Major Cooke's testimony, seems to have b«'en (leneral Kearney's calcula-
tion ; and as I deemed the cflTect of such impending charges and pub-
lications would be worse than any conviction, I was forced into a trial,
unprepared for it, to take the chance of any testimony that might bo
found.

"2. Denying me the privilege of going to Mexico to join my regiment
when I had made preparation of sixty men and a hundred and twenty
liorses to do so, and had not the least doul)t of reaching General Taylor's
camp, and thence going to the regiment, expected (according to infor-
mation received from Washington), to be on the road from Vera Cruz to
Mexico. I expected to reach it in July, which would have been in time
for the great oi)erations impending, and since so gradually executed.
The refusal to let me go did me many injuries which a soldier can feel ;
and, besides, left mc involved in debts for my preparations, and was,
further, iu violation of (leneral Scott's directions, not to detain me in tho
country, against my wishes, a moment longer than the necessities of tho
service required ; and, also, in violation of his own oflficial letter to mo
of March 1, lb47, leaving me at liberty to quit the country when I
pleased, after complying with a few small orders, not amounting to ^^nc'
cessidcn" of the service, but which were com[)lied with.

"Ji. Taking away from me the command of my topographical party;
taking away the scientific instnmients which I had so long used; leaving
behind my geological and botanical specimens of near two years' collec-
tion ; leaving behind the artist of the expedition (Mr, Kern), with his
sketches and drawings; leaving behind my assistant (Mr. King), he and
Mr. Kern both standing in a relation to be material witnesses to me in
any inquiry into my conduct ; denying me the privilege of returning to
the United States by any new route, which would enable me to correct
previous explorations, or add to geograpliical and scientific knowledge ;

TIIK DEFENCE.

203

mahinp mo follow on his trail in the rear of liin Mormon escort. All tliii
after ho liiul, in conformity to fioni'nil Sfott'H inntnu'tions, provioiisly
loft mo at */t7»<r///' to (init Ciilifoniiii when I pleuBod, after cxocutiiig
the fi!W Niiiull orilcrs ahovt! ri-fiMTcd to.

" 4. Iiitcrfrriiig witli ('oinniodoic Hiddic to dctiiiii Miijor (lillospio in
raliforiiia, an oIliL't-r known to luivo Ix-on inlitniilcdy iissociutcd with mo
iu Culifonda, and who, arriving a forfnij^ht uftor this trial had ^coin-
nu'iicc'd, has HJiown himself to be a mute rial witness for mo. The fact
of interference is admitted ; the oircnmstanees attending it are moKt
suspicions; tiio reasons given for it most iiiadetpiate, and, besides, contra-
dicted by the fact that Major Giliespio was soon after allowed '* to go
about the country,^ and did not do the mischief which had been aj)j)re-
hon-iled from his being at large. The detention of Miijor (Jiliespie wa9
the detention of Commodore Stockton and his party ; so that this
Interference delayed the arrival not only of Major (Jiliespie, but of
Commodore Stockton, Captain Ilensley, and other material witnossci
who c4imo with him.

"5. Not conununioating to me his knowledge of the instrnctiona of
the 5th of November and 12th of July, ISIO, when a knowledge of
those instruction's was so necessary for the safe guidance of my conduct.
The excuse, in relation to that of the 5th of Novend)er, that he was not
in the habit of commiuiicating instructions to juniors, is invalidated
by the fact of the previous communication of those of June, 18-tO, when
I was equally junior militarily, and before I had become governor and
commander-in-chief.

•'6. Making injurious representations to the War Department against
mo and against the battalion under my command, without giving
me any knowledge of such representations, and which 1 have only
found out in the progress of this trial, in searching for testimony in
the department.

" 7. My reception at Monterey on March 26th, for the nature of which
I 710W refer entirely to General Kearney's testimony. I made a most
extraordinary ride to give information to prevent an insurrection. I
asked an interview on business, and had it granted, and found Colonel
Mason with him. The only thing, it would seem, that I came for in that
interview, was to insult General Kearney and to offer my resignation; and
he does not even know what I went for. Certaiidy the public service, to
eay nothing of myself as an officer, required a different kind of recep-
tion from the one I received.

" 8. The order given to Colonel Mason on the 28th of March (after
what had happened in his presence on the 26th\ to proceed to Los

1 1

I ! I

29i

MKK AND t^KUVICKR OK JOHN V. KKKMONT.

Anj^doH, wlioro I was, wi(li (lii> i)i>w«<r ami aiilliorily over mo, of which
1 \MH ()irn-i;illy achlsrd Uy I.'II.t of thai <hilt«. I now only nicnlioii
th(« or.l(>r, in coniKM-lioii wilh my ircfption at Moiilorcy, aw rvyvo'
Honlcil l)y (!t<n«'ral K.-arncy, and aihl nothinj; to it. 1 do not }j;o hcyoiid
thi' I'vidcnco.

"it. Tin- fa»'t, of not rc/iiviin; uw in momic Icj^al I'orni iVoni the dnticM nf
govfi-iior of CaHCornia, allfr the rrcsidcnt'N inslrnctionn of the f>lli of
Novi'imImm- arrived, and ronccaliii^ IVoni nic ail knowlcdf^T of those
in^HMulioiis, wliilo i)ntting the inleno^alories, the answcrrt to wITuh ho
hiis sworn ho waiiieil nn< nii^'lit he of so ninch iniporlanec.

" 1(1. Tlu< mareh of the Mormons niion Los An;:;('lcs, when T was
ox|U'i'UMl to ho thcro, and wonid havo Ikmmi, cxccpl for tho lO'^cnt hiisincss
which oarritMl mo to Montoroy — iho ' rrushiii(/ ' that, niifxhl havo ti^kcn
|)lai'0, if a ';•(■)'<)/<' of tho people had not been api>rehended — and
nil the oiivunislanoes of tliat movonieiit I leavo whero the evideneo
plaeiMl it.

" 11. The eondnet ol' (\>h>nel Mason to mo at T,os Anj^eles (so far as
<he ovidiwiee diselost>s it), is by nu' referred to the iidl anthoriiy over mo
with whieh he was elotlied by iieneral Kearney, and of whieh 1 was noti-
liisl in lliis elanso of IJoncriil Kearnev's olfuial letter to me:

ittti..

: . \

|I.!<I

"'Sir: Tliis will be handed to yon by Colonel Mason, 1st draf,'oons,
who g(n>s to the st)ulli<Mn distriel, elolhed l)y nu> with full authority to
give stuh t)rdi>rs and instruoiions in that section of the country as ho
nniy deem proju-r ami necessary. Any instructions ho may give to you
will bo considered as coining from myself.'

"1'2. The exhibition of myself and the cilizons of my topographical
party at Monterey, on the ;>iith May — the circumstances of the march
lVi>in that plai'c to Fort liCavcinvorth, and the maniu'r of the arrest there
— 1 leave in liUe manner where the evidence placed it; giving it as my
ojunioii, in the twelve instances enumciated, besides in many others to
be seen in the testimony, that no i)rcsumption of acting from a sense of
)Mihlic d\ily can outweigli the facts and ap]>earauces to the contrary, and
that all these twelve instances, and others to be seen in the testi-
mony, go to impeach his motives in this prosecution.

'* 1 now jiroceed to the last point of my defence — the impeachment
of the credit of (icneral Kearney as a witness before thii court, 'ilie
law gives me the right to do t^o. Morality condeinua the exercise of that
right, unless sternly jnstifiod by credible evidence. I feel so justified.

Tllli: bKKUNCK.

2'J5

I iiIho fiM'l Unit. iWiH ciiMc, uhovc nil olIirrN, iidinilH of thv rxcrclHR of nil
Iht! i-if<lit.s aguiiiHt tliiH witncHS wliicli the law uimI tlu! (!viil<>n(;<> allow to
ill*' ncniMcd.

" It is a «'HS(' ill wliicli (lie witiK hh «'t)iii|)risrH, in IiIm own iktsoii, tlio
<'li»ni('l«'r oC acciiHcr, |tro-<rcnlor, icjiding witiii'.^;^, <»)mrii(milin^ j^iiuiiil,
ai'iTNtiii^ olIi«'cr — and luin^iii;; nic, \ty viiliii' ol liin Nii|Hii()i- r;iiii<,
Mirrr tlioiisiind iiiilt's across llir rontintiit, to hi- tricil, witlioiit uarnin;;,
upon iiiiKliowii cliar^rs, (>r to ))<■ rninnl by infanions aoiisalions liuii^iii^
over me and iiif^rd in the iicwHiiapcfH. Tliin in the case, and I il.iiiii in
it llic I'i^lit of iiiiprachin^ tlic crrdil of tin; witiicHS, both ii|)on liis own
Hwcarin^ and thai, of oiIicim.

■' Kid'cninf^ lln-n to tlic points on wliicli Ihf cnMlit of tin! wIiik-hs )■<
aln'ady iinpoacht'd in ollirr part.s of tlic di'lcnco, I will first call atten-
tion, (iiidor thiH licad, to what rolatcH to the fxJHMlilion of Drccnilx-r and
.laiiuary, ISIC) and 1HI7, frtiin San Dicj^o to Los Anj^t-lcM, and csiMMtiaily
with rcfcrciH'c to tlic Icsliinony conccriiin;^ t/ir ionnmtnil of f/if f.ronji.^
ill that cxpcrlitioii. This is a iiiallcr on which (icncnil Kearney lays f^reat
HtrcMM tliroii<;hoiit, liotloinin;;, at one time, his claim to chief aiilhoriiv
ill the province, mainly on the results of that expedition, and his allc;;ed
coiiiinaiid of it. 1 shall, coiiseipicntly, examine and test what he says in
relation to it, with some minnlciicss.

" And first as to tln^ p<»int, (it w/iosi: inslanri'. was Ihn fxpnlitioii. rained
aud innrchid ? There is a^cat discrepancy here. In (i<'iicriil Kearney'.H
letter of 17tli .laiinary, to the de|)artinent he says :

" ' I have to state that the march of the troojm from Sun Ituijo to thin
place wax reluftnntli/ consented to hi/ doniniodore Stockton, on. inif urf/ent
adricc that he should not leave liieulenanl-t'olonei Fremont uii<ii[)|)orled
to ti^ht a battle on which the fate of (California ini^i^lit, for a lon^r tim<^,
depend ; the correspondence to prone which in now with mif p<ip:rs at San
JJierfo,'' &c., 4c.

" In his cross-exaniiiiatloii, on the fourth day of tlu* trial, he says:

" ' Ih the latter end of Dei ember, an cxpecliiion was orj^aiii/,(;d at Sun

Piej^o to march to lios Anj^eU^s to assist liienteiiaiit-t^oloncl Fretnotit ;

and it uuis oniiDiir.ed in ctnmeifucncc, av / lu'liccr^ of this jtufier, irfiir/i Is a

cojtji (fa letter from me to ('oi/nnmlore StockLtn,'' (rci'erriiij^ to his httrr

of DtH'cmlier '2'2, hereafter ipiottMl.)

" Let us contrast this lirst positive assertion, and sfcoiid more reserved

declaration of belief, with facts, with other testiuiony, aud tiually with

the ' proof which General Kearney tenders.

" Commodore Stockton testiQe* :

: (
11

If' I

Jl' \v

296

LIFE AND SERVICES OF JOHN 0. FREMONT.

" ' After General Kearney arrived (on the 12th December), and in my
quarters, and in presence of two of my military family, I offered to make
him commaiidor-in-cliief over all of us, and I offered to go as his aid-de-
camp, lie said no ; that the foroe was mine ; and he would go as my
aid-do-camj), oraoeompany me.'

" Xow. ' to go'' where V to ' accotnpnin/ ' where ?

" This, if not fiiilHoiently explicit, is made entirely so by the certificate
of Messrs. Spieden and Moseley, of tlie navy, ottered bv Commodore
Stockton, in corroboration, under the sanction of his oath, and, of course,
forming a proper interpretation of his words. This certificate is as fol-
lows :

:'k :;

!H! •.

ij I,

1 ;! tt

If i-

I .!■

" ' We, the undersigned, were present at a conversation held between
Commodore Stockton and (leneral Kearney, at San Diego, shortly after
the arrival of the general, in whicli conversation the commodore ofl'ered
to give to General Kearney the ' coinmand in-cl\ief ' of the forces he uhii»
preparing to inarch with to the (JinJad de los Angeles, and to act as his
aid-dc-canip. TJiis offer tJie general declined, but said he toould be most
happg to go with the commodore as his aid-de-canip, and assist him with
his head and hand.

" ' WiLUAM Spikden, v. S. N.
" ' SaMUKL MOSEI-EY, U. S. N.

" 'San Diego, February 5, 1847.'

"Again Commodore Stockton testifies that, at a subsequent interview,
a few days afterwards he made to General Kearney ' the same of!er, in
pretty much the same language, and received pretty much the same
answer.'

" It is certain, then, that General Kearney's letter of the 22d Decem-
ber was 7iot the inducing cause of the expedition, as ' believed,^ in Gene-
ral Kearney's testimony, and tluvt 'the inarch of the troops' was 7iot a
matter that (.'ommodore Stockton ' reluctantly assented to,' as asserted in
General Kearney's olficial letter ; and it is also certain that General
Kearney could ivot have supi>osed either to be the case, for he had been
inlbrnied ten days before of the design to send the expedition ; that it
■was ' preparing to march ;' and he had been twice oflered, and had
twice declined the cojuniand of it.

''Commodore Stockton further testifies :

" I now set to work to make the best preparations I could to commence
our march for the Ciudad de lo« Angeles. During this time an expedi-
tion that had been sent to the south for horses returned, and brought

THE DKFKNCE.

297

with it a number of horses and cattle. Captain Turner was allowed to
take his pick of the horses for the dragoons. After he had done so ho
wrote to niethis note:

'"San Dikgo, December 2:i, 1846.

*' ' CoMMODOUK : In compliance with your verbal instruction to examine
and report upon the condition of the public horses turned over to me for
the use of C Company, 1st dnif^oons, I have the honor to state that, in
my opinion, not oue of the horses referred to is fit for dragoon service,
being too poor and weak for any such purpose ; also, that the company
of dragoons, under my command, can do much better service on foot
than if mounted on those horses.

" ' I am, sir, with high respect, your obedient servant,

'"11. S. TCKNKR,

" ' Captain Ist Dragoons commanding company C.

" * Commodore R. F. Htockton,

" ' United States Navy, Commanding, <Scc. dec.''

"The exact day of the return of this expedition for horses and cattle
does not' appear. But, as there had been time for Captain Turner to be
allowed to ' take his pick ' from the horses, examine them, and make a
report upon them by the 23d of December, it is nearly certain that it
must have returned by the 22d ; and hence it would seem that General
Kearney's letter, sent ^o Commodore Stockton in the night of the last
mentioned day, in which he 'recommends' the expedition, and in which
he claims the whole merit of the march, and to have induced Commo-
dore Stockton reluctantly to consent to it, was not written till he had not
only been repeatedly informed that the expedition was in preparation, and
he had been twice offered the command of it, but not till the horses and
cattle for its use had actually arrived, and probably a part of them turned
over to his own company of dragoons. This, indeed, is rendered nearly
certain by the fact that the preparations for the expedition were so far
advanced that Commodore Stockton's general orders for the march were
issued on the day next following General Kearney's letter, which he pre-
tends, under oath to have been the inducing cause of the expedition.

"But General Kearney is entitled to the benefit of the ^ proof which
he vouches to the department in this passage of his letter :

" ' I have to state that the march of the troops from San Diego to this
place was reluctantly consented to by ConiiDodore Stockton, on my
urgent advice that he should not leave Colonel Fremont unsupported

•i . «•

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'A.

298

LIFE AND SERVICES OF JOHN C. FItEMONT.

to fight a battle on which the fate of California might for a long time
depend ; the corrvspondc7ice to prove which is now with my papers at San
Diego, and a copy of which will be furnished to you on my return to
that place.'

" This 'correspondence,' as he certifies it on the 12th day of the trial,
consists of three letters and Commodore Stockton's general orders for
the march. I will set out all of them :

" ' San DiKGO, December 22, 1S46.
*' ' Dear Commodore : If you can take from here a sufhcient force to
oppose the Californians, now supposed to be near Pueblo, and waiting
for the approach of Lieutenant-Colonel Fremont, I advise that you
do so, and that you march with tliat force as early as possible in the
direction of the Pueblo, by which you will either be able to form a
junction with Lieutenant-Colonel Fremont, or make a diversion very
much in his favor.

" 'I do not think that Lieutenant-Colonel Fremont should be left unsup-
ported to fight a battle upon which the fate of California may, for a long
time, depend, if there are troops here to i ct in concert with him. Your
force, as it advances, might surprise the enemy at the St. Louis Mission,
and make prisoners of them.

" ' I shall be happy, in such an expedition, to accompany you, and
to give you any aid, either of head or hand, of which I may be capa-
ble.

*' ' Yours truly,

" ' S. W. Kearxev,

" ' Brigadier General.
" 'To Commodore Stockton,

" ' Commanding United States Forces^ San Diego.''

" ' Headquarters, San Diego, December 28, 1846.

" 'Dear General : Your note of yesterday was handed to me last night
by Captain Turner, of the dragoons.

" ' In reply to that note, permit me to refer you to the conversation held
with ynu yesterday morning at your (/uartera. I stated to you distirtctly
that I intended to march upon St. Louis Roy as soon as possible, with a
part of the force under my command, and that I was very desirous tc
niarcli on to the Pueblo to co-operate with Licutenant'Colonrl Fremont ;
but my movements after, to St. Louis Rey, would depend entirely upon
the information that T might receive as to the movements of Colonel

THE defencp:.

209

time

and

Fremor.t and the enemy. It might be necessary for me to stop the pass
of San Felipe, or marcli back to San Diego.

" ' Now, my dear general, if the object of your note is to advLse me to
do anything whicli would euablo a large force of the enemy to get into
my roar and cut off my communication with San Diogo, and hazard the
safety of the garrison and the ships in the harbor, you will excuse me for
sayinjr T cannot follow any such advice.

" ' My PUiiposE still is to march for St. Louis Rey as soon as I can get

the »RAGOoss and rijiemen mounted, which I hope to do in two days.

*' ' Faithfully, your obedient servant,

'"R. F. Stockton,

" ' Commander-in-chief and governor

of the territory of California,

•*'To Brigac'or General S. W. Kearney,

" ' United States Army.''

" ' San Diego, December 23, 1846.

'• Dear Commodore : I have received yours of this date, repeating, &s
you say, what you stated to me yesterday ; and in reply I have only to
remark that, if I had so understood you, I certainly would not have writ-
ten my letter to you of last evening.

" ' You certainly could not for a moment suppose that I would advise or
suggest to you any movement which might endanger the s ifety of the
garrison and the ships in the harbor.

" ' My letter of yesterday's date stated that ' if you can take from

here,' &c., of which you were the judge, and of which I knew

nothing. " ' Truly yours,

'"S. W. Kearney,

" ' Brigadier General.
" ' Commodore R. F. Stockton,

" ' Commanding U, S. Navy, d'c, San Diego.''

\l I

" ' General Orders :

" ' The forces composed of Captain Tilghman's company of artillery, a

detachment of the Ist regiment of dragoon.i, companies A and B of the

California battalion of mounted riflemen, and a detachment of sailors and

marines, from the frigates Congress and Savannah an<l the ship Ports-

niouUi, will take up the line of march for the Cindad de los Angeles on

Monday morning, tlie '28th instant, at 1(> o'clock, A. M.

*' ' liv order of the commander-in-chief.

'"J. ZielaN,

" ' Brevet Captain and AdJiUanL
'"San DUGO. Decemler 28, l&i6.>

•t

I' '*

1:1 1;

i!i ii I

3 1

:;«i

MFK AND ski: VICES OF JOHN C. FUEMONT.

** The character of this correspondence entirely destroys General
Kearney's asseverations ; both the one in his report that Commodore
Stocltton ' rehictiintly consented' to the march of the troops, and the one
before the court that he 'believed' that the expedition was organized in
consequence of liis letter of advice.

"Commodore Stockton's letter is explicit both of his present and pre-
vious ' intentiouy ' desire,^ and ^ purpose,^ to march 'as soon as possible ;'
while the reference to the dragoons, which were General Kearney's espe-
cial corps, shows that the subject of the expedition must have been pre-
viously entertained between the two correspondents. Allow General Kear-
ney, however, the benefit of any misunderstanding, touching Commodore
Stockton's disposition and intentions, that he may have been under
when he wrote his letter, the commodore's reply corrects all such mis-
takes, and leaves General Kearney's subsequent assertions on this head
direct contradictions of the declaiations of Commodore Stockton.

" The next question in connection with this expedition is who was its
commander? General Kearney says /tc was ; Commodore Stockton, sus-
tained by the testimony of many others says he was. As it could not
have had two commanders, at the same time, I will compare the testimony.
General Kearney's claim first comes to attention in a letter to the depart-
ment of which the following is the first paragraph :

•' ' He^wqcarters, Armt op the West, )

" ' CllDAD DK LOS ANOKLES, c/OTl. 12, 1847. )

'• 'Sir : I have the honor to report that, at the request of Commodore
R. F. Stockton, United States navy (who in Septeujber last assumed tlie
title of governor of California), I consented to takk command of an expe-
dition to this place (the capital of the country^, and that on the 29th
December, / left San Biego with about 500 men, consisting of 60 dis-
mounted dragoons, under Captain Turner, 50 California volunteers, and
the remainder of marines and sailors, with a battery of artillery ; Lieu-
tenant Emory (topographic-al engineer) acting as assistant adjutant
general. Commodore Stockton accompanied us.''

•m 1

" Here the claim to have been the commander is plain, unequivocal,
and unconditional. In his letter to me, however, of same date (January
12th), he expresses it perhaps even more strongly; since Commodore
Stockton is not mentioned at all, and the pronoun 'I' and 'me' exclude
the idea of any participant in the ' possession ' or command :

r f

'"■^:

THE DEFEXCK.

301

'" PCKBLA DH I.OS ANORLKS, )

*"■ January 12, 1S47— '/"a^Way, 6 p. M. (
"'Dear Fremont; lam here in posscision of tfiis place, with sailors
and viannes. We met and defeated the wliole force of tlie Califoniians
the 8th and 9th. They have not now to exceed oOO men concen-
trated. Avoid charging them, and come to me at this place.

" ' Acknowledge the hour of receipt of this, and when I may expect
you. Regards to Russell.

" ' Yours,

'"S. W. Kearney

" ' Brigadier General.
•' ' Lieutenant-Colonel Fremont.'

"At the next step, General Kearney slightly varies his claim, and
admits some qualification to the completeness of his command. This is
on his cross-examination. (Fourth day of the trial.)

modore
ed the
n cxpe-
hc 2'.)th
60 (lia-
rs, and
; Lieu-
djutant

|uivocal,

Fanuary

Imodore

lexcluJe

"*In the latter end of December, an expedition was organized at San
Diego to march to Los Angeles, to assist Lieutenant-Colonel Frenioi>t,
and it was organized in consequence, as I believe, of this paper, which is
a copy of a letter from me to Commodore Stockton of (December 22).
Commodore Stockton, at that time, was acting as governor of California,
so sty'ing himself. * * * * He determined on the expedition, and on
the morning of the 29th December the troops were paraded at San Diogo
for the march. The troops consisted of about five hundred sailors and
marines, about sixty dragoons, and about forty or fifty volunteers.
While they were on parade, Commodore Stockton called several offictMs
together; Captain Turner, of the dragoons, and Lieutenant Minor, of
the navy, I know were there, and several others. He then remarked to
them to the following purport; 'Gentlemen, General Kearney has kindly
consented to take the command of the troops on the expedition ; yo*
will, therefore, look upon him as your commander. / shall go along a»
Governor and commander-in-chief in California.' 'We marched toward
Loe Angeles,' &c. * * » * ' The troops, uiider my command,
marched into Los Angeles on the 10th of January,' &c.

"At the next stage, in reply to a question of the judge advocate, he
returns to the positive and unconditional assertion of command :

" By the act of Commodore Stockton, who styled himself governor of
California, the sailors and marines were placed under my command, ou
the 29th December, 1846, for the march to Los Angelei. I comuandkd

I.-,

302

I.IKK AND SKIiVICKS OF JOHN C. FUKMONT.

I (I

»■ :

i 'lijllljl

' I ■

niKM ON THE KXPKDiTioN ; roiiiniodoro Stockton (iccompaniod us. I
cxprcisod no oomniiiixl wliiitovcr over Commodore Stockton, nor did he
ixrrt ani/ u'hafcvcr over inc.*

" Aft»>r\viu(l (fourtoonth day) under oxiimiiisition by tlio co»jrt, and
wlion informiilion liad Ikmmi rrroivod hen' of tlie arrival of C'omjuodore
Stockton in tlio t'ountry, the witness proatly modified his position on this
point, and admits several acts of autliority dono on the niareh by Cotu-
modore Stockton, and that he Molt it his duty' to 'consult the wishes of
tlie commodore.'

'" I found Commodore Stockton, on my arrival at San liiepo, on the
I'ith December, 1S4(>, in command of the Pacific squadron, having seve-
ral ships, either two or three, in the harbor at that place. Most of his
sailors were on shore. Ho had assumed the title of Covernor of Califor-
nia in the month of Auj^ust previous. All at San Diego addressed him at
'■governor.'' I niOTURSAME.

" 'After he had determined on the march from San Diego to Los An-
geles, the troops being paraded for it on t!ui 29th December, he, in the
presence of several oflicers, among whoMi was myself. Captain Turner,
of the dragoons, and liieutenant Minor, of the navy, and others, whoso
names I do not recollect, remarked to thorn : • (Jcntlemen, General
Kearney has kindly consented to take command of the troops in this ex-
pedition ; you will therefore consider him as your commander. I will go
along as Govkunok and commander-in-chief \n Calikoknia.' Under Com'
modorc Stocktou's directions every arrangement for the expedition was
)nod£. I had nothing whatever to do with it. We marched from San
Diego to Los Angeles. Whilst on the march, a few days before reaching
Los Angeles, a commission of two citizens, as I believe, on behalf of
Governor Flores, came to Commodore Stockton with a communication to
him as governor, or commander-in-chief in California. Commodore Stock-
ton replied to that conunitnieation xeithout consulting me. On the march
I at no time considered Conunodore Stockton under my direction ; nor
did I at any time consider myself under his. His assimilated rauk to
Dtlicers of the army at that time was, and now is, and will for upwards
of a year remain, that of a colonel.

" ' Although I did not consider myself at any time or wider any cir-
cumstances, as under the orders of Commodore Stockton, yet, as so large
a portion of my command was of sailors and marines, I felt it my duty
on all important subjects to consult his wishes, and, as far as I consist-
eyitly could do so, to comply with tJiem.''

" But it was not till the fifty-first day of this trial, when he had hi.d the

TIIK DEFENCE.

30.3

i US. I
' did he

urt, anil
iniiodore
n on this
by Com-
vishcs of

0, on the
■ing 80VC-
ast of his
>f Califor-
ed him at

Los An-
he, in the
n Turner,
?ra, whoso

1, General
in tliis ex-

/ will go
nder Com-
ioii, was
rem San
reaching
ohalf of
cation to
lore Stock-
le march
lion ; uor
rank to
upwards

•r ami cir-
so large
my duty

/ coudxt-

,d hud the

honefit of several weeks' reflection, added to information of the charac-
ter of the testimony delivered by Commodore Stockton and others, and
wnt'ii he came into court fortified with his own ((uestions, drawn up by
himself to S(|uare with pn'-arniii^^cd answers, that he could be brouj^ht
to the point of admitlin;^ that, during the march, the commodore exi'r-
cised the prerogative of sending him what he calls ' messages,' but the
conmiodore calls 'orders' and had directed many movements of the ex-
pedition. Bnt even this day's admissions are 80 reluctant, and with so
many reservations, that for the plain facts other testimony must neces-
sarily be brought in.

" General Kearney recites twice, and with much particularity, in his
testimony to this point, his version of what Commodore Stockton
saitl to the troops l)efore marcliing from San Diego on the subject of com-
mand ; laboring by an ingenious turn of the last clause, to draw a dis-
tinction between the commander-in-chief in the tcrrilori/, and the com-
mander-in-chief of the froopa. This is liis precise version of Governor
Stockton's remarks: ' (reiitlemen, General Kearney has kindly consented
to take commaiul of tlie troops in this expedition ; you will therefore
look upon him as your commander. / shall go along a.v Goveknor ana
comniauder-in-cJiief in Camfohnia.

" This fine-spun distinction seems, in fact, the corner stone of General
Kearney's claim to have been the commander of the expedition, for while
he constantly persists in that pretension, he as constantly admits that
Commodore Stockton was the Governor and commander in the ter-
ritory.

" 1 do not refer to this because I attach any value to the point in itself.
For any argument that I desire, the version given by General Kearney
would answer as well as any other; for if Commodore Stocktoa was gov-
ornor and commander-in-chief of California, his authority was sufficient
for my case, since Loa Angeles, where I believe the charges are all laid,
is certainly witliin that province. But the distinction drawn in the
version given by the witness was considered important by him, and that
version is contradicted ; and tliis is the point of view in wliich I present
it. It is contradicted by Commodore Stockton, Lieutenant Gray, Lieu-
tenant Minor, and the certificate of Lieutenant Rowan, all whose concur-
rent testimony affirms that Commodore Stockton's reservation of autlio-
rity relutod to the cominander-in-diief of the expedition, without tlie
words of (lualification to whicli (icneral Kearney testifies ; and it is worthy
of note that, though a witness of the prosecution, Captain Turner was
preseut at the address, the prosecution have not thought proper to bring
him to sustain Geiienil Kearnev thus contradicted.

304

LIFE AND SKUVICES OF JOHN C. FREMONT.

■ i I

rli ■•

inn. 1

Iti,;. .iil!:;

Ill I

:i li

WIK

I' i.

*' A few (Ictftc'hod passaj^es from the testimony will show how mate-
rially Cfiu'ial Kearney is contradicted, in other respects, upon this point
of the counnand :

•' Oeneral Kearne;/ : ' By the act of Commodore Stockton, the sailors
and marines were placed under my t^onunand. J commanded t/wm on the
expedition,'

" ('o)H)/)nJnrr Stnrkton : ' Durinj:^ , liicli march I performed all the
dufiex which I supposed devolved on the cnuDnandir-in-chicf.''

" General Kcarni'ii : ' I exercised no command whatever over Conr
modore Stockton, nor did he exert ani/ whatever over me,^

" ('ommndore Stockton : ' I was in the hahit of sendinf^ my aid-de-camp
to General Kearneji to inform luni what timo / wished to move in the
morninf^ ; and I alwai/s decided on the route wo should take, and whe7i
and where we should encajnp.''

" General Kearnnj : ' The troops under my command marched into Los
Angeles, on the loth of January.'

" Commodore Stockton : ' And when we marched into the city, / led
the V!ai/, at the head of the advanced f/uard.^

" General Kearney : ' On the march, I at no time considered Commo-
dore Stockton under my direction, nor did /, at any tiine, conaider my'
self under his.''

" Commodore Stockton : ' I observed the guns being unlimbered ; I was
told it was done by order of General Kearney to return the fire of the
enemy ; I ordered the guns limbered up, and the forces to cross the river
before a shot was fired.' ' I observed that the men of the right flank had
been formed into a square, and General Kearney at their head. I sent
my r*d-de-camp, Mr. Gray, to General Kearney with instructions to move
that square, and two pieces of artillery, immediately up \.he hill.'

" General Kearmy : ' During our march, many messages were brought
to me from Commodore Stockton ; those messages I looked upon as surf-
gestions a.nd expressions of his ivishcs. I have, si7ice then, learned that
he considered them in the light of orders.'

" Commodore Stockton : ' I sent for Captain Emory ; I asked him by
whose order the camp was making below the hill. He said, by General
Kcarncy^s order. I told him to go to General Kearney, and tell him that
it was my order that the camp should be immediately moved to the top
of the hill.' ' I sent my aid-de-camp, Mr. Gray, to General Kearney,
v<ith instructions to move,' &c. ' The witness (Commodore Stockton),
in enumerating some of the orders given and some of the details, executed
by himself, meant merely to cite instances in whicli General Kearney re-

»w mate-
hia point

10 sailors
m on tiie

il all the

ver Com-

l-de-camp
re in the
and when

d into Los

city, / led

d Commo-
nsider my-

-ed ; I was
fire of the
s the river
, flank had
d. I sent
NS to move

ic brought

|)on as sw/-

irned that

led him by
)(/ General
ll him that
|to the top
Kearney,
IStocktou),
executed
[earney re-

THE DEFENO'K,

805

cognized and acknowlidi/ed Ins (tlie witness's) command-in-chief on the
Jield of Itattle, as well as in the march.''

^^ General Kearney : ' During our march, his (Commodore Stockton's)
authority and eonimand, thunyh it did not extend over 7nc, or over the
troops u'hirh he had himself yiven ine, extended far beyond,' &c.

'■'■ Commodore Htockton : 'Commodore R. Y. Stockton begs leave to
add, &e., that he wishes to be understood as meaning distinctly to con-
vey the idea that (iencral Kearney was fully invested with the command
of the troops in the battles of the 8th and '.>th of January, subject to the
orders of him, the witness, as commandkr-in-chikt. Most and nearly all
the execution of details was confided to Ger.eral Kearney as skcoxd in
command.' ' He could not attempt to enumerate and specify the many
and important acts of (Jeneral Kearney as skcond in command.^ ' When
the troops arrived at San Uemardo, I made my head-quarters a nule, or
two nnles, in advance of the camp ; and / sknt to General Kearney to
send me the marines and a piece of artillery, lehich was immediately dont.^
^ I oRnKKKi) the troops all to lie down,^ ke. '^ After having iHHKvrv.a the
troops to be formed, Ac, / took the marine guard and two pieces of ar-
tillery,^ kc. ' On my return, I gave ouhkus where the different officers
and troops were to be quartered, and ouoeukd the sanie/a^,' &c.

" General Kearney : ' I exercised no command whatever over Commo-
dore Stockton, nor did he exert any whatever over me.''

*^^ Lieutenant Gray: ' Qtiestion. Did you hour an order from Com-
modore Stockton on the 8th of January, in the field, to General Kearney ?
— if so, state the order and all the circumstances.

" * Answer. I did bear an order from Commodore Stockton to Gen-
eral Kearney on the 8th of January, on the field of battle. The enemy
had been observed to withdraw his guns from the height. The Commo-
dore directed me to go to General Kearney, and say to him, to send a
square and a field-piece immediately up on the height, to prevent the
enemy's returning with their guns. I went and gave him the order, and
on my return to Commodore Stockton, observed the division, or square,
of General Kearney moving toward the hill.

" ' Question. Did you bear that order to General Kearney in your
character of aid-dc-camp to Commodore Stockton, the commander-in-
chief?

" ' Answer. Yes.

" ' Question by the judge advocate. Do you recollect the words and
manner in which you delivered that order ; did you deliver it, so that
General Kearney must have received it as an order, or merely as a sug-
gestion ?

I 1

ii4

li ! ^

i:.:i:^i^

306

LlVli AND 8tCUVICU8 OK JOUJi 0. FUEMONT.

'"AnRwor. I carried it an an ordfr, In the usiml, ronpoctful way,
lluw <ii>ii(>rii! K(>tii'iu>y n'cfivod it, 1, of foiirMc, ciinnot hay. II«^ d'nl not
bIiow by lii.s iimiiiicr, tluit it wus diHti^ioi'iiblu tu liiiii, accurding to tho
boHt of my n<i'<tlli'<"ti(»ri.'

" Finally, I Ninill ooncliido tliis point, by sliowiii^ that (lonoriil Knirnoy
(lid not. nnd could not, iit any tiino, hav(> oonsidtTrd liinirtcif the com-
inandor of the i-xpcdition, or of llit> troops ooniposing it, ami wii.s not ho
considiTcd by tho army ofliccr-s who hutl uucompanicd hint into Culi-
fornia, and were thore. HcoauHp,

" 1. The i)laco wliirh (Joncral Koarnoy held in the oxp(Mlition waH that
whioh had btn'n bt'fori' as.xij^iicd to a lieutenant of the navy, Berving
under Commodore Stoekton, and this (jcneral Kearney knew. This in tho
te.stiniony of Commodore Stoekton :

" ' After the forces had been |)araded preparatory to the march, and I
was alio\it mounting:; r.iy horse, (Jeneral Kearney came to me and iiKpiired,
*' who was to command tho troops V" I said to him, lAvutenant liowan^
Jtrnt lietttt'vant of the Ci/auc, would command t/nvn. He gave me to
understand that fm would like to conunand tho troops, and after Komu
further conversation on the subject, / aimed to appoint him to the com'
tnand, and immediately sent for Lieutenant Rowan,' &c.

"2. lieeause, at tho moment of receiving tho appoiutment, he was
informed that the command-in-ehief was reserved by Commodore Stock-
ton. This is Commodore Stockton's testimony to this point:

" ' I immediately sent for Lieutenant Rowan, and, a.s.sembling the
ofliicers that were near at hand, stated to them that General Kearney
had volunteered to take commund of the troops, but that I retained my
oicn position as conDnandcr-in-chicf. I directed my aid-dc-camp, and
the commissary who was with me, to take a note of what I said on tho
occasion.'

" And to the same effect is the testimony of Lieutenant Gray and
Lieutenant Minor, and the certificate of Lieutenant Rowan.

" •\, Mecause uoth General Kearney and tho otlicers under him, received
nnd obeyed the orders of Commodore Stockton, in some instances ia
opposition to tlioso first given by General Kearney, both on the march
and in tho battles. Tlie evidence on this point need not l)e recapitulated.
Comniodon> Stockton testifies to it. Lieutenant Gray te-stifies to it, Lieu-
tenant Minor testifies to it, a. id Lieutenant EHiory testifies to have received
Hud obeyed orders from Commodore Stockton.

" t. Because Lieitienant Emory, attached to General Kearney's dragoon
escort, and acting as assistant adjutant general, did not make his ollicial
report of losses in action in the expedition to General Kearney, but to

THK DKFKNCE.

807

Lful waj.
t> did not
II}; lo the

Kt'iirncy
the com-

fllH not HO

into Ciili-

1 wnH thiit
r, serving
riiis id Iho

rch, and I
I inquired,
it Jiowa7ij
,vo nie to
il'tcr 8on»c
!o the com-

it, he wn8
ore Stocli-

ibling the
Kearney

tained my
[imp, and
d on the

5ray and

1, rcc'oivod
stances ia
ic niiirch
ipituliitod.
o it, Lii'U-
receivtd

's dri\j»oon
his oflioiiil
icy, but to

Commodore Stockton. Trie, Henoral Kearney .says tliifl was done • without
his l<no\vle(l|»e or consent ;' hut that is only the stronj^er proof tliat he was
not rej^arded or respected as the conunander-in-cliief, even by his con-
(ideiilial supporters and niiliiary f'aniily.

" T). Hecaiisf lie admitted t«) Colonel Kussill, as appears repeatedly in
Colonel HiLssell's testimony, that he was servinj; '</«(/< r (.'uniniodore Stock-
ton, and had been serving under him from San Diego.

"0. Ih'caiise when I dtdivered to him, and he read in iny presence, my
h'tter to him of 17th January, in which is this jiassaj^'e :

*' ' 1 lii'rnrd a/no in ronvrrsation, villi f/mi, that oh the march from San
Dicjo^ rccvull;/^ to thin place, you entered upon, and disrharyed duties
implyitiy an acknoudrdyment oji your part OK HiiriiKMACr to Commodore
Utockton,^ he inaile no denial of it, or olijection to it.

"7. Because on the It'tth of January he »ipplied, in writing, to Com-
modore Stockton, 'advising' and ' od'ering ' 'to take one-half of the
command, and march to form a junction,' &c., addressing Commodore
Stockton in tha* letter as ' governor of California, commandiny United
/States forces.^

" On the eighth day of the trial General Kearney testified as follows :

" Question. — Do you know whether the officers of the battalion raised
it and marched it under commission from Commodore Stockton V

" Answer. — I have always understood that Lieutenant-Colonel Fremont
had raised that battalion under the direction of Commodore Stockton.

" Question. — With what comnii.s.sion ?

" Answer. — I never heard of Commodore Stockton coiiferriny a coinmin'
sio7i on Lieutvnant-(^olonel Fremont, further than having appointed him
military commandant of California.

"The object of this inquiry was not, by any means, to get an oppor-
tunity to discredit the witness. The olgect was to ascertain before the
court that the battalion was enlisted, organized, and olTicere<l exclusively
under naval authority, and so, of course, subject to the orderf< of the
naval commander; and alsH) to ascertain if these facts were not within the
knowledge of the witness when he attempted to get command of the
battalion in opposition to Commodore Stockton ; both bciivg inquiries
pertinent to the i.ssues of the trial, and the facts being what was desiredv
Hut the nature of the lust answer was such as to leave the original
inquiries unsettled, and to open a new one.

" The answer waa this : ' I never heard of Commodore Stockton's con-
ferring a commission on Lieutenant-Colonel Fremont, further than having
appointed him military commandant of California.'

-I

:i i.

•^fl'l '"J I

M ;

a<»8

I.IFIO AND BKKVTCF8 OF JOHN ('. FREMONT.

«Ai '

!|ll:'il

i; ; V'(

|l|n;;; 5,-?

m !

>M'

*' And the now quoHtion raised wns wliptlipr, in fact, the witness had
' nrnr heanV of a mutter ho notonoiis in tliat country. Aceordingly, on
tlie next day (Jenenil Kearney liavinf; mentioned tlie recei|)t on the Idth
ol' Dceember, ISKi, of a certain eomniunication irom Coniniodorc Stoik-
ton, tliis qne.stion wan put,

"Question. — Did not ('onuno(h)r*' Stoekton, in tliat eominunieation,
iuf'ofin i/ou tliat (\iptain Fremont liad been appointed by iiiin MA.roi!,
and Lieutenant (Jiiiespie, of the nnirines, captain in the CaUfornia
liiiltalioii y

" And a copy of the paper having been shown to tho witnes.s, he
answered :

" Answer. — Among tlie papers sent to me by Commodore Stockton ou
tlie l('ith of DeeendxM', was a copy of ids letter to tho Navy Pepartnwnt,
dated August '_'S, IHH?, tho second ])aragrai)h of winch states that he had
organized a (^ilifornian battalion of mounte<l rilienicn, by the appoint-
ment of all the neces.sary ollicers, and received them as volunteers in tho
service of the United States; f/iat Captain Fninont was ajipoiufid tiiajor,
ami L'liutenaut (r'H/rspie, captai)i of the battalion.

" Again, on the loth day of the trial, two other papers were .shown to
tlie witness, with this question :

" Were not coi)ics of these two papers, describing him (Fremont) as
Major Fremont, among those furnished to you by Uonniiodore Stockton
at San Diego. And were not copies of them tiled in the War Department
by yon since your n turn from Culiibrnia, and after joui arrival in this
city in Septend)er last *

"Answer. — (Aftn- reading over the papers,) I think that copies of
these papers vrrc furnished to vie /,// (j)nnnodore Storkion. To the latter
part of the q»n\>Jtion, ' were they not filed by you in the War Department
since your return from California, and after your arrival in this city in
Scptenilier lastV' I sec on the jxipers the certincate of Captain Townscnd
that I dill so; f tliixk Captain lownsnid is niisfak't')!.

" Ibit on tho following day he admitted that Ciiptain Townsend was
7iot mistaken ; that the papers hatl been put into his hands by Conunodore
Stockton in December, 184ti, and had been fded by him in tho war office
as late as the 21 st of Scptend)er last. From all this, however, it only
resulted that he hud seen of the a])pointment of Fremont as major : that
he had ' never heard ' of i^ was not yet disproved.

"This was accomplished in his testimony on the ninth day, when ho
ndmitted as follows:

" ' Commodore Stockton did inform me, in the conversation alluded to
between us, that California hud been conquered in July and August of

itnoss had
(iiiif^ly, t)U
II llu' K'.tli
lore Stof'u-

ninioivtioii,

ini Majou,

California

^'itneas, he

Itockton nu
i(>piirtii;riit,
lliat b(« had
1 1' nppoint-
tocrs in the
jitcd major ^

•c shown to

''reniont) ns

VO SlOl'i\t01l

Dopartnicnt
iv;\l in this

copies of
o (ho hit tor
)op;irtniont
this city in

Townscnd

iiPond vfig
.'oiinno(h)ro
c war oflice
ver, it only
[UMJor : that

when ho

n alhidod to
August of

THE DEI-KNCK.

309

the same year (this conversation was heh' in Dcconihcr), and that Major
Fremont had f^oiio to the north to raise men,' Ate.

" in tlio Pariio oonnoclioii, and for the same purpose, the question
arose, wli(!ther Lioutonant (Jilli'spjo, of the niarino oorjis, was not also an
ofiicor of the l)attaHon ; and tlu; answer of tlw; witness was apain such as
not only to leave the original (piestion open, iiiit to raise the new one,
which brings the subject within this branch of my defence. Tiie wit-
nesses' answer was as follows :

'"(^aptain (Jillespio had niandied with me from Ran Diepo to Los
Angeles, and was serving under nio. If hU company was with the (fall-
fnrnia battalinn I did not know it.'

" It ap|)eared, however, on examination, that the same communication
(of iiHth August, 1S4('(), that informed the witness that Fremont had
b(M>n apftointed major of the battalion, also informetl him that (Jillespio
had been appointed captain in it. It further appeared, that in the sur-
peoti's list of killed an<l wounded in the actions of the 8th and flih of
January, furnished by Lieutenant Kinory to General Kearney, and by him
Bont to the department, Captain (iillespie is reported as an officer of the
California battalion; and Captain (iillespie himself gave the following
emphatic testimony :

" ' Question. Did you at any time communicate to General Kearney
your rank and position in the California battalion? If bo, when and
where was that communication made 'i

"Answer. / did mmmunicatp to (Imcral Kearney 7ny position in the
battalion, on the f)th of I)ecend)er, IH'tC), about one o'clock in the day,
in the motnitains about half way between Santa Maria and Santa Isaiiel.
When I met him 1 was at the head of a detachment of volunteers a»d
Bailors, I having been ordered by Commodore Stockton to proceed to
Warner's Pass to communicate with (Jeneral Kearney.'

" These incjuirios concerning the raising and ofhcering of the batta-
llou were matters connected intimately with the issues of the trial,
and the answers of the witness seem to indicate a consciousness of it.
But I do not desire to present them in any other light than as inLStancea
of defective and equivocating memory, and in that view, affecting the
general credit of his testimony.

"Under the same infirmity of memory I am willing to class the extra-
ordinary facility of oinis.iion betrayed by the witness, in his manner,
which Hoema to be habitual, of half-fdlinri, where whole-telling is essen-
tial. Thu«: On the third day of the trial he commences an answer in
these words: ' About the 14th of January, 1847, / received from Lieuten-

^i:''

310

I.IFK AND SERVICES OV JOHN C. FREMONT.

\vi Mm

I '! '

\ m

Cil

II I

illl':'|ii

nnt Coloiipl Froniorit a ooinmiinioation, dutod,' fic, — tlio iiiforonco boiiig,
of I'ourso, tliat my roninmiiioiitioii was voluntary ; tlio fact (ami most im-
portniit one, too,) bt'iiig, tliat it was drawn out l»y no loss than four
iniportmiiito letters that I liad bolore rcccivi'd. A^nui, in eontinualion
of the snmc narration : 'On tlie day .sul^sciiuent, viz., on tlio 17th «)f
January, Lieutonant-Colonel Fremont cmne to iny <jnarters, and in eon-
vernation,' &A.\, — the inference being, of eourse, that I went at my own
instance, whereas the fact (most material and relevant, and deciding tlift
eharacter of the interview) turned out, tliat I went in compliance with
tlie written !"e<iue8t of tlie witness to see me 'on l)usiness.' Again, same
day : ' 1 was (irst vut by a detaeliment from Commodore Stockton,' &e.

. . . ' It camr from Commodore Stockton, to <jivc me information,'
kc. ; the inf(M-cnce Iteing, tliat it went voluntarily, or was sent l)y ('(;mi-
niodore Stockton of his own motion; the important fact appearing, how-
ever, when Connnodore Stockton came on the stand, three weeks after,
that it was sent out at the written recpiest of (Jeneral Kearney, for a party
* to open comnnniication with him,' &c. So, in the same letter, making
tilts ajjplication, he writes to Commodore Stockton as follows : ' Your
cxprrss, hi/ Mr. I'arsoii; was met on tfw J)(l jVortc, ayid your fiiail must
have nachi'd ]\'ashin(/to7i at least tr?) dai/s sinee,^ — omitting the material
fact, that Mr. Carson, in addition to being uiet, was likewise turned baek ;
and leaving the inference, that he had gone on. Again, in his testimony
on the sixth day of the trial, s|)eaking of his position on the hill of San
IJcrnardo, the witness says: ' 1 stated to the doctor and others, that we
would leave next morning, which we accordingly did ; JAcutcnant (Jray,
of the navy, with a ijallant command of sailors and marines, having come
into our camp the niyht previous,'' — the inference being, that Lieutenant
Gray and his command came voluntarily, or by chance, into the camp ;
the fact being, that it was a detachment of two hundi'ed and lifteen men,
sent from San Diego expressly for the relief of General Kearney's camp,
and in pursuance of his repeated urgent calls for succor — one of them
(that by Lieutenant Beale, Mr. Carson, and the Indian) conveyMl tlirough
the enemy's lines and an insurgent population, und»>r circumstaaces of
devotion and courage unsurpassed, but no mention of which is found in
the ollicial report, or any part of the testimony of General Kearney.

" 1 give these as examples, taken only from two days' proceedings, of
a vast deal of the same sort of testimony, i"unniiig through General
Kearney's examination.

" The testimony of General Kearney, in relation to the charges, is the
next point to which I advert, under this head of my defence. On the
sixth day of the trial, (ieneral Kearney tostities as follows:

cc boiiig,

most im-
han JoiLT
itiniiEitiori

nth of
(1 in con-
X my own
L-idinp tlic
anoo with
;aii», same
;kton,' &c.
ormiitioii,'
t by ('(bil-
ling, how-
oeks al'ti^r,
for a [)arty
.>r, mulving
v3 : ' Your

vinil ynunt
c material
rtifd bark ;
i tostiinony
liill of Sau
i-s, that we

ant Graif,
vi.vg come

jicutenant
le camp ;

'tocu men,

icy's camp,

10 of tliom
X tliroiigh

staacos of

is found iu

iirney.

.'cdings, of

<;li General

rgcs^ ia the
i. On the

Ifl

TliE DEFENCE.

311

•*'Tlic charges on wliich Lieutenant-Colonel Fremont is now arraigned
are not my charges. I preferred a single charge against I.ieut. Colonol
Fremont. The charges on wliich he is now arraigned have been changed
from mine.' *♦*.«•••* t

"Question (Ity Lieutenant-Colonel Fremont). Did you give any infor-
mation to the person who drew up the seventh specilicatiou under the
first, charge, in relation to the cannon?

" Answer. I kid not.

" This testimony was promptly eonmiunicated to the War Office, by
my counsel, for tlie purpose of ascertaining upon whoi<e (if not (jlen«'ral
Kearney's), information the charge had been drawn up, as matter ueees-
8ary to be known, unless I would proceed in my defence against mi-
known and secret prosecutors ; the adjutant general, by direction t-f tho
Secretary of War, returned for answer the emphatic assurance, that the
charges and specifications produced to the court, *■ were baned upon facta
a/fctjid arid njfirialli/ reported to tin' department b;/ Genernl Kearneti ; and
it is not known or nndcrt^tood that anjf charf/e or specification has been
introduced, based on factx derived from anif other source whatever.^

"In addition to this positive contradiction by the department, the
charges came to the court certified upon their faco as bemg j)referred
^ upon information of Brigadier Uencral S. \V^. Kearneif ;'' and myself and
counsel are further informed, by the judge advocate, that the seventh
specification of the first charge is copied literallii from the charge fur-
nished by General Kearne;i in his aim hand-U)riiing,

" Tliis inquiry into the charges, leads naturally to the subject upon
which that inquiry arose, viz. : a certain nionntitin howitzer, lost by Gene-
ral Kearney at the battle of San I'astjual, a^nd recovere<l by me at tho
capitulation of Couenga. The iiupiiry was not originally made, with any
view or expectation that an untrue answer would be given to it, and
lience an opi)ortunity arise for contradicting the testimony of the witness.
On the contrary, the object of the in(iuiry was truth. It was to ascer-
tain whether the recovery by me, of a cannon so lost by General Kearney,
had been reported by him to the department ; and, if not, the argument
would be to the impeachment of the temper and motive towards me ; for
the loss of cannon is always a source of mortification, and its recovery a
subject of gratulation and honorable report. It turned out that the
recovery had not been reported, but to escape the inference thus raised
the witness pleaded want of sufficient knowledge of the fact. This, then,
became the point at issue ; and to say that this is an incidental question,
upon which the answer of the witness must suffice, whether true or false,
ia to say that he may escape from the consequences of one wrong, by

; ■ f.

312

LIFE AND 8KRYICES OF JOHN C. FREATONT.

' .:i

conimittinp a grontcr; that a fact cannot be proved goinf? to impeach his
niotiveft if he chooses to deny it with a falsehood. But it ia the rule of
law and Justice tlint 'a man shull not profit by his own wrong;' and,
then^fore, I did not consider myself concluded by the answer of the wit-
ness ; but, finding by inspection of the charges, that the witness (who I
had understood was the sole acciiser against me) had suflicicnt knowledge
concerning the cannon, to impute the having of it to me an a crime, I
inferred that he ought to have had fiiifficiont knowledge of it, to rejjort
the fiaiuinfj of it to my credit. Ilencc, I continued the inquiry vt'ith
the following question :

" ' In the seventh specification, under the first charge, you charge
Lieutenant-Colonel Fremont with refusing to give up two cannon which
had been brought from Fort Leavenworth, and which were then at San
Gal)riel. Will you state what cannon they were, how they were brought
from Fort Leavenworth, and how they got to San Gabriel ?'

" And hence arose the sweeping declarations already examined, that
these charges ' were not his ;' that they ' had been changed from his ;'
and that he ' did not' furnish the information concerning the cannon on
which the seventh specification of charge first was drawn up. After
which he continued his "..iiswer in these words :

" ' The two howitzers, however, referred to, are the two howitzera
brought by the first dragoons from Fort Leavenworth to California ; one
of them, as was previously stated, was lost at San Pasqual ; the other we
took with us.'

" ' Question. Do you know that one of those cannon was the one lost
by you at San I'asqnal ?

" ' Answer. I do not.'

" Two days after, he comes into court with this ' explanation :' ' In
reading over in the papers this morning the proceedings of Monday, I
find the following question put to me by the accused, and my answer
thereto, as follows :

" * Question. Do you know that one of those cannon was the one lost
by you at San Pasqual ?

*' ' Answer. I do not.'

*' ' I have now to explain that / had no personal knowledge of it ; I had
a knowledge of if from an official report made to my staff officer by
Lieutenant Colonel Cooke.'

" Now, on this point, General Kearney is contradicted by his own wit-

Tire DEFKNCK.

313

)each Ilia
R ruW; of
ip;' and,
' the wit-
is (who I
riowk'dKe
I rriinn, I
to roi)ort
iiiry vtith

)U charge
ion which
en at San
•e brought

lined, that
from hig;'
cannon on
ap. After

howitzerg
ornia ; one
e other we

he one lost

Hon:' 'In
Monday, I
my answer

he one lost

fit; I had
officer BY

lis own wit-

ness ; for Lieutenant Colonel Cooke testifies to having received from
(Jeneral Kearuoy orders in relation to the cannon before he ever made
any report on the sulyect.

"This is from Major Cooke's testimony in chief, delivered on the four-
toenti day of the trial :

*' 'On the lAth of March, I rode out from Los Angeles to the mission
of San Galjriel, accompanied, &c. I called on Captain Owens at his
(juartors, and shortly after asked to look at the artillery. lie showed
them to me in the court of the mission, and I observed two mountain howit-
zcrs, which I believed had been brought to that country by the dragoons.
I had received verbal in.strnctions from (tcneral Kearney^ by Captain Tur-
ner, to have them turned over to company C\ under my command ; and
had, before I left town^ ordered mules and drivers to be sent after

THEM.'

" This relates to occurrences of the lAth of March, whilst the verbal
instructions ' referred to, afterward ascertained to be written memoranda,
were issued from Montr rey about the l.s< of 3 f arch, and the only report
made upon the subject by Major Cooke was of March 25th.

" This is Major Cooke's testimony to these points (eighteenth day of
the trial) :

" ' Question. Ls your letter or report of the 25th March, which was
read in your cross-examination of Thursday, your official report to your
superior officer? and docs it refer to the same events as tliose narrated
in your testimony ? and did you ever make any other o icial report of
those occurrences to General Kearney, or to any other officer for him ?

" ' Answer. It wax my official report. It refers to tlie same subject as my
evidence in chief. I do not remember having made any other report to
him or to any one else.

" ' Question. Did you have any verbal or special order in relation t6
ordnance, arms, &c. ?

" ' Answer. I had some verbal orders in relation to arms, communi-
cated, however, in the form of vyritten numoranda. * * *
I have them not here, I lost all my papers by an accident, &c.

" ' Question. Will you state the tenor of those orders and instructions,
giving the words as far as possible, and whom they came from ?

" ' Answer. They came from General Kearney, I was directed, I be-
lieve, to put the H0WITZER.S in charge of the dragoons.
* * * * I received, at the same time an official

letter from General Kearney.'

■

'i
li

. i

f:i'tj

i MV Ni'ii'

!( .1"

ill

i::

III

314

I.IPK AND BEKVrrK!^ OF JOHN C. FKKMONT.

" A copy of tliis oflioiul lotfor was procliirrd tlip iioxt dny. aiulfoiind to
l»o (liilod at Moiitcrov, Mmrh I, which fixcH the time of those ' vcrbul
ordcrn'or '\vrill(<ii uiemoraiidii.' Kiiiiilly, on tlie nineteenth iind Iweii-
ticth days of the trial, Major Cooke nj^ain leslilies, concernin'; llie same
verbal instruclioiiH as l'oIh)\vH :

"'I'ndt'r onUnary circnmstanccfl, I Hlioidd have deemed it my <Iuty to
Iiave enlbrced my or(h'rs in relation to tiie artill«'ry, IbunchMl on the verbal
orders vf the (jnieraf. The verl)al orders allnded to might he considered
as givin;,; higlier importance, in my vi(>\v, to the ohjtrt to lir atlaiiinl,
which was to turn over to company (', 1st dragoons, Ihr tirn vwunhtin
hoifitxcrs.''

" I'rom all \vhicl\, it residts that General Kearney's first information con-
cerning the cannon was mtt received throtigh Major CooUc'h report, hut
that the report lesidted, in fact, from orders altout the cannon, given
by (Jeneral Kearney several weeks l)efore the rejmrt was made.

" The first great allegations, then, made by (General Kearney to oscnpo
from the original simple and cojnparatively innocent fact snjjposetl by the
inquiry concerning the cannon, are contradicted, in their whole essence,
by the oHicial assurance of the S<KM'etary of War, by the charges as they
are certified by the judge advocate to the court, and by the original
draft of accusations against me in (Jeneral Kearney's own hand ; while his
Kubsecpient 'explanation ' to escape from tliis lal)yrinth, by attempting to
draw a distinction between personal kiiorrlcdije and official. k)towIed(j<\
iuvolves him in the repudiation of his own orders, and in a double contra-
diction with himself and ^vitJi Major Cooke, his own witness.

" I think it proper, I think it my duty, to introduce here some maxima
of the law, which, I am advised, are recognized in all courts.

"Where it turns out that a Avitness's testimony is corruptly false in
any particular, it should be entirely disregarded by the jury.

"A witness's crediliility being seriously impeached by written, or otlior
plain, dclil)crat(> contradictory statement by him, and not supported,
ought, it would seem, to be entirely rejected.

" Hut where a party si)eaks to a fact, in reference to which he cannot
be pre umod liable to mistake, if the fact ttnn out otherwise, it is ex-
tremely dillicult to exempt him from the charge of deliberate falsehood ;
and courts of justice, under such circumstances, are bound njion ]irinci-
ples of law, morality, and justice, to apply the maxim, \fafsns in itno, fal-
sux in omnibus.'' — pause in onk, fai.sk in At-i.. (See Phillips on Evi-

dence, vol. iii. pp. ;V.)7

an.i / (

»:A

Mr. PnF.siPKNT : The length of this defence precludes the necessity

!1» '

VKUmCT OF TIIR COtlRT MAUTIAL.

fiilso in

cimnot
it is ox-
nsohoocl ;
i\ prinoi-
\i()io, fill-
on Evi-

lecessity

of rrcnpltiilation. I omit it, and go to the concluHion with a few l)rief
ivIicotioiiH, uH pci'tiiiciit, I trust, us tlicy lire trun.

" I consider these dillienllies in Cnlilbrniii to he ii eonicdy — (very neur
hv\u<^ a traf^edy) — of tliree enors : y//-,s7, in the faidty orders sent out
frotu tins [thiee ; iicxt,'n\ the uiijustilial)lo pretensions of (leneral Kearney ;
(/lirdli/, in tlu; eondnet of tlu; government in sustaining these pre;*
tensions. And tlie hist of tliese errors 1 consider thi; f^reatest of tlio
three.

" Certainly the difliculties in CaHfornia ouglit to ho iiKpnred into ; hut.
how? Not hy |)rosecutiiig tlie suhordinatc, hut the principals; not \>y
jirosecuting ' ni wlio prevented, hut him who would have made civil war
If it was a crime in me to accept the governorship from Commodoro
Stockton, it was a crime in him to liavc hestowed it ; and in eiliier event,
crime or not, the government which knew of his intention to ai)point
nie, and did not forhid it, has lost the right of prosecuting either
of us.

" My acta in California have all hccn with high motives, and a desire
for the puhlic Borvice. My scientific labors did something to open Cali-
fornia to the knowledge of my countrymen ; its geograjjliy had been a
sealed book. "^ly military operations were concpiests without hloodsiied ;
my civil administration was for the public good. I offer Califoriua,
during my administration, for comparison with the most tranquil portion
of the United States: I oiler it in contrast to the condition of New
Mexico during the same time. I prevented civil war against Governor
Stockton, by refusing to join General Kearney against him : I arrested
civil war against myself, by consenting to be deposed — offering at the
same time to resign my post as lieutenant colonel in the army.

" I have been brought as a prisoner and a criminal from that country.
I could return to it, after this trial is over, without rank or guards, and
wit'iout molestation from the people, except to be importuned for tlie
monoy which the government owes them.

" I am now ready to receive the sentence of the court."

Tlie reading of this defence, which occupied three ses-
sions of the court, was concluded on the 26th of January,
1S48. The three succeeding days were spent in deliber-
ating upon the case, and on the day following, January
31, the court rendered its verdict of "guilty " on all the
charires, and sentenced the accused to be dismissed
from the service.

316

Llt^lC AND SERVICES Off JOUN 0. FREMONT.

Accompanying tlio verdict, were the following papers,
wliicli were directed to be made parts of the record.
Tile first, signed by the President of the Court, Bt. J3rig.
General Brooke, Lieut. Col. Taylor, and Major Baker,
was as follows :

" Under the circumstancea in which LieiitenfintCol. Freinont
was pl.iccd between two oflicers of superior rank, each claiming
to coniniand-in-chief in Cahfornia — circumstances in their nature
calcuhited to embarrass the mind, and excite the doubts of
oflicers of greater expe.ience than the accused t and, in conside-
ration of the important professional services rendered by him,
previous to the occurrence of tlie acts for which he has been
tried, the undersigned, members of the court, respectfully com-
mend Lieutenant-Colonel Fremont to the lenient consideration of
the President of the United States."

The other, signed by Lieutenant Colonel Long, Lieu-
tenants-Colonel Morgan, and Major Delafield, was a
follows :

" Under all the circumstances of this case, and in considera-
tion of the distingu'/hed professional services of the accused,
previous to the transactions for which he has now been tried,
the undersigned beg leave to recommend him to the clemency
of the President of the United States."

President Polk refused to confirm the verdict of the
court, as to the first charge, but "approved" of the
sentence, which, however, he immediately remitted.
The following was his order in the case :

" 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

■

Fipers,

Brig.
3akor,

remont

n at lire
ibts of
.',onsule-
.)y him,
as been
lly com-
•ation of

^, Lieu-
was a

)nsiJera-
accused,
jn tried,
leinency

of the

smitted.

led that
nine of
charges

VERDICT OF THE COURT MARTIAL.

317

are sustained by Iho proof, and th;it tlie conviction upoti tlieso
chari;es warrants tlio seiiLeucu of the court. Tlio sentence of the
court is theretore ai)i)roveil ; but, in (consideration of the pecu-
Har cii'cuHislunces of the case, of the previous meritorious and
valuable 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
Adjutaut-Geiieral :

"WAsmKQTON CiTT, Street, Feb, 19, 1S48.

" Sir : I have this moment received the general ord^r. No. 7
(dated the 17th instant), making known to me the fina' decision
in the proceedings of the general court-martial, befora which I
have been tried; and hereby send in my resignation of lieu-
tenant-colonel in the army of the United States.

"In doing this, I take the occasion to say that my reason for
resigning is that I do not feel conscious of having done anything
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.

" Very respectfully your obedient servant.

"J. C. Fremont."

The President did not act upon this resignation for
some time, and as the President's acceptance was
necessary to give it legal effiict, Col. Fremont addressed
the adjntant-general a note to that effect on the lith
of March, and received a reply on the following day
announcing the acceptance of his resignation from that

illi

!.s

I 'III

llliPl

318

LIFE AND SERVICES OF JOHN 0. FREMONT.

(Iftfe. Thus, on tlie 15tli day of May, IS-iS, and in tho
31tli year of his a^ii^o, Col. Fremont's connection with tho
military profession terminated, and his manhood once
more resumed its natural proportions.*

* " In pursuance of his original intentions as communicated to tho
povernrnt'iit in August, 184G, Commodore Stockton appointed Colonel
Fremont civil governor of California, and Colonel William II. Russell,
secretary. Governor Fremont immediately entered on the duties of liis
olfice, and the people acquiesced in his exercise of authority.

" The commodore and ids maritime army returned to the squadron,

" The porforniance of his duties as governor of California by Col. Fremont
were incompatible with the authority which General Kearney attempted
to exercise over him by virtue of seniority of rank, notwithstanding tlio
President and Secretary of War both justified the appointment of Colonel
Fremont by Commodore Stockton, as civil governor of California, yet
nevertheless he was permitted to bo brought to trial on charges of diso-
bedience preferred by General Kearney. lie was found guilty on several
charges and specifications, by a court evidently disposed to favor General
Kearney. The finding of the court was approved in part by the Presi-
dent, but the sentence remitted.

"Indignant with the injustice and inconsistency manifested by the
government, Colonel Fremont promptly resigned his commission in the
army.

" Towards tho close of the Mexican war, tho army was powerful and
popular at Washington. The esprit de corps of military gentlemen was
piqued and offended with Fremont's deference to a naval commander,
and his sacrifice was demanded. The President and Secretary of War
had not the moral courage and firmness which the occasion required, and
Colonel Fremont was driven from the army." — Life of Commodore Stock-
ton, p. 154.

FOURTH EXPIXHtlNO KXPEDITION.

819

CHAPTER XI.

COLONEL FREMONT PROJECTS A FOURTH EXPLORING EXPEDI-
TION — CALIFORNIA CLAIMS BILL SPEECHES OF SENATORS

BENTON, CLARKE AND DIX — MAP AND GEOGRAPHICAL

MEMOIR REPORT OF SENATOR BREESE PROFKSSOR

TORREy's PLANTyE FREMONTIAN^ GOLDEN MEDAL FJIOM

THE KING OF PRUSSIA LETTER FROM HUMBOLDT

founder's medal from THE ROYAL GEOGRAPHICAL
SOCIETY OF LONDON — LETTERS FROM JOHN M. CLAYTON
AND ABBOrr LAWRENCE — REPLY OF COLONEL FREMONT.

"When Mr. Fremont abandoned the profession for
which he had accomplished himself, and sat himself
down the morning after his resignation was accepted, to
determine what useful end the remainder of his life
should be devoted to, he was but thirty-four years of
age. Within that period he had attached his name
imperishably to the historical, geographical, scientific
and political history of his country. The highest peak
of the longest chain of mountains on this continent had
accepted his name in token of his being its first explorer ;
the plants which bloomed on its sides and in its valleys,
had received from him their nomenclature ; as the
deliverer of California from Mexican misrule, he had
identified himself for ever with the most durable tradi-

320

LIFK AND SERVICES OF JOHN C. FIIEMONT.

tions of tlijit wonderful Stiito; as n geo^niphcr ho had
M'on the hoinaiijc of tlio wliolc scluiitilic woi'ld ; and
filially ho l»ad acliievcd ainoiii^ his own coiintrynu'ii a
l)(>l»ularity nuiro luianiiiKnis and nioro nnivcrsal tiian liad
over ln'foi'u bt'on enjoyt'd by any one of his years. These
reileetions were well ealeulated to sootli any niortitiea-
tion, if lie had felt any, at the result of the eourt martial.
Starting life without means and aided only by the friends
ho had made himself, and his own energies, he had
reached distinction before ho had reached the maturity
of his faculties ; and, beibre most men have begun their
career ho was covered with honors enough for the close
of his.

None of these considerations, however, disposed him
to idleness. On the contrary his plans for a laborious
and nseful future were soon formed. Wliilo in Califor-
nia he had made arrangements for the purchase of the
tract of land known as the Mai*aposas, of the value of
which he had informed himself during his third exj)edi-
tion. Upon this he determined to settle as soon as he
had demonstrated the practicability of uniting the
Atlantic and Pacific States by a public highway. This
ho resolved to do before allowing himself any but neces-
sary repose, and soon made his arrangements for a
new trip across the plains, the following winter.

The intervening period was occupied in doing what he
could to procure a settlement of the bills incurred in
the conquest and defence of California in 1847, and in
making up a report of the scientific results of his last
expedition.

On the 1st of February, the military committee of
the Senate, consisting of Messrs. Cass, Benton,Crittenden,
Dix, Rusk and Davis, commenced an investigation in

CALIFOUNIA CLAIMS.

321

relation to tlic claims abovo rcforrcd to, ainountin<ij in
all to Homo $700, 000 for the itaymcnt of wiiich atnotiiit
h l)ill was atYerwanlrt iiiri'odiuHMl. The ijeiicliciai'li's of
tiiis hill and its <j;eneral ])^ovi^ioIls are descrihi'd with
suiHcient niiiintciiess in the fullowiii<^ ])arap;rai)h near
the close of a speech made in its favor hy Senator
IJenton.

"Tho California hattalion, formed out of the Ainorican settlors
on the Sacranioato and the men of tiio topo-jfrapliical i)arty (re-
inforced afterwards hy later ('mi<,naiitH from the United States),
finislied on the IMains of Cotieniifa the movement whic^li had
commenced at Sonoma, and in tlie same spirit of JMstiee, mode-
ration and patrioti-iin. In conjunction with the sailors and ma-
rines, they had twice conquered CaHfornia before the United
States troops arrived in the country. They did it without aid
from the United States — without quartermasters, commissaries,
and paymasters to carry feed and pay them. The fruits of all
their labors have been received bv the United States, and the
bill rendered is only seven hundred thousand dollars — a fraction
only of the amount paid to those who arrived after the work was
done. It should have been provided for in one of the public
bills. It is an appropriation, and of a public nature, ami of a
most sacred nature. It should at least have had a place in that
"Deticiency" bill of fourteen millions, which lately passed
Congress, for what can be more deficient than non-payment, for
almost two years for such extraordinary services? Even if this
bill is passed at once and with the least possible delay from legis-
lative forms, it will still be almost half a year before the claim-
ants can begin to touch their pay. The bill is carefully drawn,
both with a view to publi<; and to private justice. It is intended to
settle up and pay u\> all just chiims, and to close the door for-
ever upon all false ones. A commissioner acquainted with the sub-
ject, familiar with everytransaction,is to go to California, visit every
district in which claims are originated, call all before them, allow

.14*

WWT

322

LIFE AND SERVICES OF JOHN C. FREMONT.

m^>

fr i

m-,

the good, reject the bad, and bar all that are not presented to them.
In this way, and in this alone, can justice be done to all parties, just
claimants saved from the depredations of agents and speculators ;
the United States saved from paying false accounts, and California
prevented from becoming a mine for the production of false
claims for half a century to come. The great and main facts that
services have been rendered, that the United States have received
the benefits of these services, and that they have not been paid
for, are established by the depositions ; the mode of settlement,
and the detail of payment, is directed by the bill."

Senntor Clarke of Eliode Island, in the course of a
long and able speech upon the same subject paid the fol-
lowing tribute to Col. Fremont's services.

"Mr. President : The former explorations of Col. Fi'emont
through the wilderness of the extreme West, have given him an
enviable reputation in the world of science. His maturity of
thought, and polished and cultivated intellect, united to a firm
resolution, and a coui'age that never quailed — all eminently fitted
him tor the mission he so well and so readily undertook and
performed. Ilis enoi-oy of character qualified him for the posi-
tion in which hi.-? govci nnient had placed him. If we tDudemn this
invasion of the territory of a friendly power, I would not be under-
stood as refiecting upon the man, who in obedience to his govern-
ment, conducted that invasion and carried out those wishes to
the entire subjugation of the country. I would not, sir, take a
feather from his plume, nor a sprig from the garland that encir-
cles his brow. Whatever may be the rigid rules of war,
or the technicalities of the service under which this officer has
sutfort'd, his hoiinr is 'uilarnislicd — his high reputation as a sol-
dier is un>j)oiteu — the crowning ad of lii> cvciitltii life is t're.sli
in our recollection. When the coannissioh which he l>orc, and
which he would have yielded up only with his life, became tainted
with censure, fivmly he tendered it back to the executive whom he

CALIFORNIA CLAIMS.

323

had obeyed, and to the country which he had served so faithfully.
He is now a citizen amongst us, and dt'servcs all our coiifidence.
lie is identified with the events in California, and who so fittin<r
as he to bring these claims to a just and proper conclusion ?"

-i ;-3

In the course of the same debate, Senator Dix of Xew
York, expressed the following opinion of Mr. Fremont
and his pnblic services.

"In the execution of these objects, the young and accom-
plished officer at the head of our troops, Col. Fremont, exhibited
a combination of c-ner'jy, iM'omptitude, sagacity and prudence,
which indicated the highest capacity for civil and military com-
mand ; and, in connection with what ho has done for the causa
of science, it has given him a reputation at home and abroad, of
which men much older and more experienced than himself might
well be proud. That the country will do justice to his valuable
and distinguished services, I entertain not the slightest doul)t. *
* * * The objects accomplished by Col. Fremont, as subse-
quent developments have shown, were far more important than
those I have referred to. There is no (.loubt that his rapid and
decisive movements kept Califoriiia out of the hatids of P/ritish
subjo.'is, and perhaps out of the hands of the liritish government,
and it is in this point of view that 1 desire to present the subject
to Senate. * * * * * It is in this point of view that
the transaction possesses the greatest interest and importance,
and that the sagacity, promptitude and decision of our youthful
commander in California, at the time the disturbance broke out,
have given him the strongest claims on his countrymen. Any
faltering on his part —any hesitancy in acting, and acting
promptly — miglii have cost us millions of •Joliar-- and thousands

lives; and it miu'ht also have cost us a contest of which the

eu(.

d is not readily foreseen.

Col. Fremont has never published any re})ort either

324

LIFE AND BERVICKS OV JOHN 0. FREMONT.

MH^

apl

to!'

Iji ',

'i*^ ;tJ

of Ill's third or Bubsequent expeditions. The fullest
account of the third wliicli lias been made will be found
in the preceding pa^^es. On the 5tliof tluno, the Senate
ordered twenty thousand copies of a map of Oregon
jnid California which ho iinishod about that time. And
likewise printed a Geographical Memoir of Upper Cali-
fornia, illustrativ^e of the map. This work gives the
most compendious view of the scientific results of his
explorations, and on the whole reflects most credit upon
liis inductive faculties and powers of statement. The want
of a more complete record of his discoveries, in legislat-
ing for our Pacific possessions was seriously felt by the
Senate, and they appointed a select committee to inquire
into the expediency of providing for the publication of
a third expedition as a National Work. Senator
Breese of Illinois, the chairman of the committee, made
an elaborate report in favor of the publication, in the
course of which he speaks of the map and the Geo-
graphical Memoir as follows :

"This map and memoir, though hastily prepared, and as a
mere preliminary to a full work, increase the reputation of their
author, and give valuable information to the statesman and to
the farmer, to the astronomer and the geographer, to the man of
science in the -walks of botany and meteorology. But they
must be regarded only as a sample of the results of that exj>edi-
tion, from the view of which the value of the whole may be
judged. As far as the exploration has been carried, everything
necessary to show climate, soil, and productions, has been col-
lected. More than one thousand specimens in botany, a great
numl)er in geology and mineralogy, with engravings of birds
and animals, and remarkable scenery, and a large collection of
the skins of birds with the plumage preserved, have been, as the
committee are informed, brought home to enrich the stores and

CONTRIBUTIONS TO BOTANICAL SCIENCE.

325

add to tlie sum of human knowledge. The botanical specimens
examined by Dr. Torrey are deemed by him of great value and
worthy of the expense of European engraving, if not done by
our own government.*

Tlie botanical stores referred to by the Senatorial
Cominitice were deposited with Professor Torroy, who
prepared a memoir in relation to them for the Smithso-
nian Institute, by whom they were beautifully engraved,
and published in 1850.f A more precise idea of their
value may be gathered from the following passage with
which Torrey commences his memoir.

DESCRIPTIONS OF SOME NEW PLANTS COLLECTED BY COLONEL
J. C. FREMONT IN CALIFORNIA.

"The important services rendered to science by that distin-
guislied traveller, Colonel Fremont, are known to all who have
read the reports of his hazardous journeys, etc.

" He has not only made valuable additions to the geographical
knowledge of our remote possessions, but has greatly increased
our acquaintance with the geology and natural history of the
regions which he explored. His first expedition was made in
the year 1842, and terminated at the Rocky Mountains. He
examined the celebrated South Pass, and ascended the highest
mountain of the Wind River chain, now called Fremont's Peak.
The party moved so rapidly (travelling from the frontier of Mis-
souri to the mountains, and returning in the short space of four
months) that much time could not be given to botany. Never-

* For the full report see Appendix A.

j- Plantce Fremontiance, or descriptions of plants collected by Colonel
J. C, Fremont in California, by John Torrey, F.L.S. — Smithsonian Con-
irihutionn to Knov)hdqe.

32G

LIFE AND SERVICES OF .lOHN C. FREMONT.

if »

I :!l 4

SJ/f

tlioloss, a collection of iliroc liundred and fifty spocios of plants
was made, of wliicii T i^jivo an account in a botanical appendix
(o this liist report. The second expedition of (Jolonel Fremont
was that of 184.*J and 1HI4, eMd)racin<if not only much of th<',
giound of which he had previously explored, but extensive
regions of OrejE^on and California. In this journey lie n)adc
Iar<i;o collections in places never before visited by a botanist;
but unfortunately, a ti^reat portion of this was lost. In the
sjforo-es of the Sierra Nevada, a mule loaded with some bales of
botanical specimens, gathered in a thousand miles of travel, fell
from a precipice into a deep chasm, from whence they could not
be recovered. A laro-e ))ai't of the remaininnf colhiction was
destroyed, on tlie return of the expedition, by the Hood of the
Kansas Uiver. Some of the new and more interesting plants
that were rescued from dest: ;ction, were published in the Hota-
nical Appendix to Colonel Fremont's Report of the second
expedition.

" Very large collections were also made in his third expedi-
tion in 1845, and the two following years ; but again, notwith-
standing every precaution, some valuable packages were <les-
troyed by the numerous and unavoidable mishaps of such a
hazardous journey. Veiy few of the new genera and species
that were saved have as yet been publishe<l, excepting several of
the Compositals by Dr. Cray, in order that the prioiity of their
discovery might be secured by Colonel Fremont. There was
still another journey to California made by that zealous travel-
ler ; the disastrous one commenced late in the year 1848. Even
in this lie gleaned a few plants, which, with all his other botani-
cal collections, he kindly placed at my disposal. I had hoped
that arrangements would have been made by the government
for the [>ublication of a general account of the botany of Califor-
nia, but as there is no immediate prospect of su(di a work being
undertaken, I have prepared the memoir on some of the more
interesting new genera, discovered by Colonel Fremont. The
drawings of the accompanying plates were made by Mr. Isaac

LETTER FROM HUMBOLDT.

327

Sprau^ue of Cainbrldiife, MaFsacluisetts, who ranks among the
most eminent botanical (.Iraiiglitsinen of our day."

"Wliile ullndiii;^ to the cstinuito placed upon the
ficientilic results of Col. Fremont's exj)loriition9, by
souie oi his eniineut contemporaries, we may be pardoned
for auticipatin^if the tributes paid two years hiter to
his labors by Baron Humboldt, on behalf of the King
of Prussia, and by the Koyal Geographical Society of
London. As a minister of the Prussian government,
Humboldt was charged to present Fremont with "the
great goldi'u medal for progress in the sciences.^'' IIo
accompanied the medal with the following highly
comi)limentary note to Fremont, in which a graceful
allusion is made to that early struggle against slavery
witn which his political career in California commenced
and closed.

'■'•Monsieur le Scnateur* : II m'est bien doux, Monsieur, de
vous addresser ces lignes par raon excellent ami, noire rainistre

*Fromont had just been elected to the United States Senate, from
California. The following is the English translation of Baron Humboldt's
letter:
"7'o Col. Fremont, Senator.

" It is very agreeable to me, sir, to address you these lines by my
excellent friend, our minister to the United States, M. de (Icrolt. After
having given you, in the new edition of my 'Aspects of Nature,' the
public testimony of the admiration which is dm^ to your gigintic labors
between St. Louis, of Missouri, and the coasts of the .South Si -i, I iccl
happy to offer you, in this living token, {dans ce petit signe de vie) tho
homage of my warm acknowledgment. You h.ive displayed a uo!>l('
courage in distant expeditions, braved all the dangers of cold and
famine, enriched all the branches of the natural sciences, illustrated a
vast country which was almost entirely unknown to us.

"A merit so rare has been acknowledged by a sovereign warmly inte-
rested in the progress of physical geography; the king orders me to

328

LIFE AND SERVICES OF JOHN 0. FREMONT.

mix fitats-Uriis, M. de Gerolt. Apres vous avoir donne dans la
nouvelle edition de mes Tableaux de la Nature le teinoirrnaore
public do I'cidiniration qui est due a vos gigantesques travaux
entrc St. Louis du Missouri et les cotes de la nier du Sud, je mo
sens heureux de vous otFrir, dans ce petit signe de vie, I'houi-
mage de ma vlve reconnaissance. Vous avez deploye un noble
courage dans des expeditions lointaines, bravo tout les dangers
des friinas et du manque de nourriture, enrichi toutes les parties
de sciences naturelles, illustre un vaste pays qui nous dtait pres-
que entierement inconnu. Un merite si rare a etc reconnu par
un souverain vivement interessd aux progres de la gdographie
physique: le roi m'ordonne de vous otiVir la grande mddaillo
d'or, destinue a. ceux qui ont travailld a des progres scientifiques.
J'espere quo cetto marque de la bienveiilance royale vous sera
agrcable dans un moment, ou, sur la proposition de I'illustre
geographe, Charles Ritter, la Societd de Gdographie, residante a
Berlin, vous a nommd pour membre honoraire. Quant a moi,
je dois vous remercier particuliereiuent aussi de I'honneur quo
vous m'avez fait d'attacher raon nora et celui de mon collabora-
teur et ami intime, M. Bonpland, a des contrdes voisines de
cellos qui ont dtd I'objet de nos travaux. La Californie, qui a

offer you the gnind golden medal destined to those who have labored at
scientific progress. I hope that this mark of the royal good will, will be
agreeable to you at a time when, upon the proposition of the illustrious
geographer, Chas. Ritter, the Geographical Society at Berlin has named
you an honorary member. For myself, I must thank you particularly
also for the houor which you have done in attaching my name, and that
of my fellow-laborer and intimate friend, Mr. bonpland, to countries
neighboring to those which have been the object of our labors. Califor-
nia, which has so nobly resisted the introduction of slavery, ivill he wor-
thily represented by a friend of liberty and of the progress of intelli-
gence.

"Accept, I pray you, sir, the expression of my high and affectionate
consideration.

"Your most humble and most obedient servant,

"A. V. Humboldt.

"Sans Sodci, Octtober 7. ISoO."

V- t!

dans la
oiiinacce
travaux
li, je me
), rhom-
n noble
dannrers
s parlies
Lait pi'es-
>nnu par
ographie
inddaillo
ntifitjiies.
;ous sei'a
I'illustre
jsidante a
nt a moi,
ineur que
collabora-
)isines de
nie, qui a

labored at
vill, will be
! illustrious
has named
articularly
, and that
countries
Call for-
vill be wor-
of intdli-

ifFectionate

lUMDOLDT.

LONDON (iKOGKAlMllCAI- SoCIKTV.

329

noblement rdsistt^ a I'introduction de resclavaore, sera disfnement
representde par ua ami de la liberie el des progrea de I'inlelli-
gence.

"Agrdez, je vous prie, Monsieur le Sdnateur, rexpreasion de
ma haute et affectueuse considdralion.

*' Votre tres humble et tres obdissant serviteur,

"A.V.Humboldt.

" A Saks Souci, le 7 Octobre, 1850."

Oq the envelope thus addressed :

"A Monsieur le Colonel Frdmont, Senateur,
"Avec la grande mddaille d'or,*
"Pour les progres dans les sciences.

"Baron Humboldt."

From the Royal Geographical Society Col. Fremont
received the Founder's medal. It was transmitted to
him through Abbot Lawrence, then our minister to
England, and John M. Clayton, Secretary of State, who
accompanied it with the following letter and its enclo-
sure.

LETTER FROM THE SECRETARY OF STATE TO COLONEL FREMONT.|

Dhpartment op State, Washington, June 15.'A, 1850.

" My Dear Sir : I have the honor to enclose herewith, an

extract from a dispatch received at this Department yesterday,

from the Hon. Abbott Lawrence, our Minister in London, from

which you will perceive that the Royal Geographical Society

* The medal is of fine gold, massive, more than double the size of the
American double eagle, and of exquisite workmanship. On the face is
tlie medallion Jiead of the king, Frederic William the Fourth, surrounded
by figures emblematical of Religion, Jurisprudence, Medicine and the
Arts. On the reverse, Apollo, in the chariot of the sun, drawn by four
higli mettled plunging horses, traversing the zodiac, and darting rays of
hght from his head.

f national Intelligencer^ June 8th, 1850.

If.

il'

IS. _

'V I!

^■-

330

LIFIC AND SKRVICK8 OV JOHN C. FKIiMoNT.

l»as awarded you tlie "Founder's Medal," for the distinguished
services which you liuve rendered to geoi^rapliical scnence.

" The niesserger who bears you this letter, will also deliver
you the medal. It atibrds nio pleasure to bo the iniinediato
instrument in convi^ying to you this high tribute of respe(;t, so
well earned by the valuable and distins2;uished services which
you have renderetl, not oidy to your own country, but to the
whoh" ,s('i''!iti(ic .VDi'M.

" 1 am, sir, very sincerely and truly yours,

" J. M. Clayton."

" Hon. J. C. FllKMONT."

LETTKR FIlOM THE UNITED SI'ATKS MINISTER AT LONDON, TO

COLONEL EUEMONT.

" London, Miy SUt, 1850.

"Dear Sir: On the 27th inst., I had the honor to receive
from the President of the Royal Geographical Society the
Founder's Medal, whicli was awarded to you by the council of
that society, for your pree'minent services in promoting the cause
of geographical science. The meeting was public, and the
reasons for according the medal to you were set forth with
ability by the Piesident. It became my duty to reply on your
behalf, which I did very brielly. The proceedings of the meet-
ing will be published at an early day, when I shall transmit a
copy to you. I assure you that I feel a proud satisfaction in
li.iving the opportunity of being present at the Annual Meeting
of the Society, and receiving this complimentary testimonial of
merit to a citizen of the United States, who has done so much
n»iL c.ii!_\ ::. 'In- •;i!i-i* ot' science, but in every department of
<luty to which he has been called to promote the honor of his
«;ouiitry.

" It is my fervent hope that your life may be long spared to
enjoy your well earned fame in sr.ieiice, and that your success in
your new and high position may be commensurate with the

LONDON GEOGIiAl'IIICAL SOCIETY.

331

^uislied

deliver
inediiito
^pc(;t, so
s whicli
t to the

kTTON."

DDK, TO

31««, 1850.

o receive

[ciety the

ouiicil of

the cause

and the
orth with
J on your
he meet-
Iransniit a
Ifactiou in

1 Meetinji;
linonial of
3 so much

tiiieut of

lor of his

spared to

Isucc.ess in
wiili the

name and f;inio acquired hy arduous hih'^r in yonr liriff lujt

brilliant cart'cr.

" 1 am dear sir most faithfully,

" Your ob(!(lient servant,

" AiiuoTT Lawkence."
"To CoL John Charles Fkemont, <fec.,

" Washington, IX C."

Rlil'LV OF THK UNIT!'" ?', ATES MINISTEIl TO THE ADDRESS OF
THE SOCIETY IN I'RESENTINO THE MEDAL.

"Mr. Tresident: It is with great pride and satisfaction that
I am hero to receive from your hands the medal awardeij by
the (Council of the lloyal (jcographieal Society to Col. Fremont.
In his bel;alf I thank vou, and the gentlemen of the Council and
the Society, for an honor which I am sure lie will aj)preciate as
one of the most distinguished that has been conferred upon him
in his brilliant career.

"The testimonial could not have been given to a more
deserving individual. Col. Fremont possesses, in an eminent
degree, the elements of a just success, lie has ability, per-
severance, cultivation and industry, and above all, he is endowed
wit II bio'li ni'irMl Mltri'mti'S which have won for him the esteem
of those more iinni'di.'iti'iy ('onnectcd with him, and the con-
fidciire of his fellow citizens in the country at large, w!io will
see wiih pleasure this day's evidence of your correct appreciation
of his services to science.

"But I look upon this award of your Council as something
more than a tribute to individual worth. I esteem it as a
national honor; and, as the representative of the Unit(id States,
I otier you their and my grateful thanks. It is not the least of
the charms of science that it is not boundeil bv the limits of
nations. Its influence is as wide as the world, and new dis-
coveries, whether in the field of geographical or other science,
are the common property of mankind. Scientific men form a

; II

I* Hi,.

332

LIFE AND SERVICES OF JOHN C. FREMONT.

!' i

common brotherliood tlirouijliout all nations, and the liarmony
of feelinir between tlioin has done nuicli, and is destined ;o do
yet more towards establishing and maintaining the peauo of the
world.

" The Now lias incurred a great debt to the Old World, and
particularly to Great Britain, for scientific knowledge. This
tlM?y hope to repay in some measure at no very distant day.
We have made rapid strides in the Union within a few years,
and confidtMitly hope soon to contribute our quota to the common
stock. Our desire, Mr. President and gentlemen, is })ersever-
ingly to maintain with you n friendly competition, having for
its object the advancement of civilization, and the elevation of
the condition of man throughout the world. And wo fervently
liope that nothing will recur to prevent thic, either by the dis-
turbance of the peace now happily existing between the nations
of Europe, or the cessation of the very friendly feeling between
this country and the United States of America."

LETTER FROM COL. FREMONT TO THE PRESIDENT OF THE ROYAL

GEOGRAPHICAL SOCIETY.

W.\s]iix(;ti)N Citt, June 22d, 1850.

"Sir: I have had the gratification to receive, tlirouirh the
hands of the American minister and the Secretary of St;ito, the
lionorable medal with which the Geographical Society h;is
distinufuished me.

"In making my acknowledgments for this high testimonial
of approbation, I feel it a particular pleasure that thev aro
rendered to a society which I am happy to recognize as my
alma mater, to the notice of whose eminent members I am
already indebted for much gratification, and in whose occasional
approval I have found a reason and a stimulus for continued
exertion. I deem mvself hio^hly honored in kavinsx been con-
sidered a subject for the exercise of a national courtesy, and in

LONDON GEOGRAPHICAL SOCIETr.

333

beinof made one of the thousand links among the associations and
cordial sympfUhies which unite our kindred nations.
" With feelings of high respect and regard for yourself,
"lam, sir, very respectfully,

" Your obedient servant,

" J. C. FUEMONT."

" To Sir Roderick Murchison,

" President of the Royal Geographical Society,

" London."

HE ROYAL

'HI

j If

334

MFK AND 8EUVICK8 OP JOHN C. FREMONT.

li'

CUAPTEU xir.

CORKKSrONDKNCK IJETWICKN COT,. FREMONT ANi^ CAPTAIN

ClIAKLKd Wir-KES.

WiiiLK preparing liis map and Gcogra])hical Memoir
for })ul)lication, and a few dayn hctbro its C()mi)letion,
Col. Fremont became accidentally involved in a pnblic
diticussion \vitli Capt. Wilkes, of the navy, which pos-
sesses an interest now quite independent of tlic little
incident out of which it originated. Tliat incident in
stated in the following note addressed to the Editors" of
the National Intelliyencer :

LETTER FROM COL. BENTON.*

•' STttEiT, May 14, 1848.

" Gextlemex : Wo read in tbo I^ational Intelligencer for
May 9, as follows :

''*The United States sloop of ./ar rortsmouth, Commander
Montcjomery, arrived in Boston, on Friday, from the racilic
Ocean.

" ' Commander Montgomery states that the 13ritish frioate
Herald, and the brig Pandora, are engaged in making a new
survey of the gulf and coast of California.

" ' Tlie whale-ship Hope, of Providence (R. I.), was recently
lost on the coast in consequence of an error in the charts now in
general nse, which locate the coast and islands from Monterey to

* Sco " National Intelligencer," May 15, 1848.

. i

C0RKE8P0NDKNCK WITFI ATTAIN WILKK8.

335

Al'TAIN

Tciiioir
)lction,
public
;h pos-
little
ilciit irt
tors' of

14, 1818.

ncer for

mandor
racilic

tVijvato
; a new

recently
now in
terey to

Capo San Lucas, from fifteen to forty miles too far to the cast-
wan 1.'

"On readincf tliis notice in your paper, 1 liavo to say that tlin
error in question lias ah'eady hcen (hitecled by Mr. Fremont
and corrected in his map of Oregon and Upper California, now
ill course of preparation, and nearly rca<ly to bo laid beforf*
the Senate, by whom its ('on8tru(!tion was ordered. In his last
expedition, Mr. Fremont made a series of astronomical observa-
tions across the continent, termitiatinjj at Santa Cruz, near Amio
Nuevo, tho northwestern point of tho liay of Monterey.
It was found, on laying down these positions on his map, that
tlio west end of the line went beyond the coast, as given in Van-
couver's charts (tho basis of all in use), and that it projected
two miles into tho sea. His own map was immediately corrected
accordingly, placing the coast and islands of Upper California
ten miles further west.

"Mr. Fremont's observations wore made in tlio winter and
spring of 1845 and 184G. They were calculated by Professor
Hubbard, of tho Washington City Observatory, during the past
winter ; and were laid down on the map by Mr. Chas. I'rcuss, in
February last.

" This map, with a memoir to illustrate it, and the calculations
of Prof. Hubbard, will be laid before the Senate in a few days.

"Respectfully, gentlemen, your obedient servant,

"Thomas U. Bicntox.

To this note there shortly appeared the following
reply :

LETTER FROM CAPTAIN WILKES.*

" Messrs. Gales & Seaton : On my return to the city
after a few weeks' absence, your paper of the loth of May, con-
tainiiifr some remarks on the errors existing in the charts of the
northwest coast of California, by Col. Benton, was brought to
my notice. Although I have no desire to detract from any one,

* " National IntelligOMCor," .Tvino 8, 18-48.

r^n{\

l.nrK AND PlUVK^rs «)K .lOMN ('. KlliaiONT.

yd I tliitik i( tlu(> (o olliors, ns woll as (o (Iio Utiilod SImIoh
l'".\j>loriii>; l'A]>('(Iili(Mi, 1<> |>Im('<' (Ii(> I\)! lowing; I'/icls lii'lorc tlic
)>uli|i<' icspoi'iiiinf llio errors wliicli <//(/ r.risf iu (lio lom^itudo oT
tlii.s co.Msl, llio ' (fi.srorryi/ ^ of wliicli in now ('l,-iiiii(<(l to li.'tv«« Iicimi
liist iiiadt', ;in«l (h<< (Mtois (•orrocl<>»l, by <'ol. I'Vonuml, lliroti^li n
MM'ics of a-^lroiiomiral oliscrvatioiis acro'^s {ho contiiKMil.

"SlioriU allcr tlio |Mil»Iicaf i(>ii of Vaiicoiivci's cliails in iVltH,
errors \viMv> siispcilcd lo (<\isl in iImmm '^liis points wcro deler
>nin(>(l l>v Innar ohsorvalioiis, and s<>v<>ral olnononiclorH, \vlii<'Ii
lathM' jHMlornied l'u( indill'ortMillv ; and iVoni llios<> liis resulln
\V(Mi< o!>iain«>d), iVoni a (liMoroiico wliidi \vas found ltolW(>('n liini
and tin' Spanish snrvevins^ vt'ssols, (>nipIoy(>d at, llio same time
on llie fO;tst of (\ili(ornia. Tin* anionnt of error was nt»l, how-
ever, trnlv ascertained until sonu^ years after this, wIkmi Captain
l^'echey. of H. ]\ M. ship, the Hlossoni, visited tliis coast, in
IS'J(). His oliscMvalions wi're contirnied hy Captain Sir l^^dward
l>clilier, in 11. \\ M. snrveyinjj ship, the Sulphur, in 18.15; and
il was a^ain contirnied hy the Tnitt'd States Kx[»loring i^xpedi
titMi in ISl 1 .

"Tliese corrections were all made on the jxenorftl charts pub-
lished bv ord(>r of Con^-ress in IS 14, iVom the surveys and
('viniinaiions of {ho MxploriuLj I'^xpedition, and have been in
possessii>n of our sliips navigatiui;; the raciHc Ocean siiico that,
time.

" l>y coniparinix dates, it will be jter<'eived that these 'dis-
coveries' were known long since, and that the actual amount »\f
error was ascertained some twont ,• years ago by both the English
and French expeditions, and W'. e jMiblished by our own govern-
ment in the results of the l^xploring Expedition, a year prior to
the earliest date claimed bv Col. l>cnton, as the time when the
observations of Lieut. Col. Fremont were made.

'* With great respect, 1 am, yours, ifcc,

CUAUI.KS

ILKES

W.jDhifiafoii, ,hni<- (\th, \8tS.

Thi-* lotttM was ;u'oonip;uiioil with the lolluwiug editorial note

In .1 in.iihM-

pv.

1\ sritMititii', (lilVoronce of opinion eannot li

.U\

rill

OOKKEBrONDENCR WITH CAPTAIN WILKM.

.1 Slf\tos
•loit' tin'
riiuilt^ of

i;iV(» lit'OII

|ii(Mij;;li M

, in IV Its.
<ii> «l«'l<'r
rs, wliifli
lis rosullH
w«H>n Inin
sMiiic liino
, nol, liow-
>n ('.'(ptaiii
is coast it»
>ir Kdw.'inl
IH.15; and
ng Kxpedi-

■hiirts \n\h-

iirvovR ."tiiil

•0. boon in

since that

lllu'so ' dis-
junount at'

Ithe Ensli^li

|\vu govorn-

jar prior to

|o whon tho

WlI.KES

TIiIh liM.lor broii^rlit, (jol. Frenioiii iiilo tlio iic.ld, wliu
coiuIucIimI IIio nuriaiiidiU' ol' l,li(3 C()riCH[>uii(leu(U3 with
Cjij)l. VVilkcB lo its cloae.

LfiTTKR FUOM COF,. FRICMONT TO TMK KUITOUR.*

Wahiiinoton, ./i/fM ''^A, 1848.

" Mkhhiih. (Jai.fih anhSkaton : Tii {ho. ;il»s(!iic(i (»('(!(»l. I'Mitilon,
and as tlio niaUor rclaUvs spc<;ially to inyKcir, I doKiro to tako
Hoiuo iiotic<^ ol'tlu^ pnldicatioti iiiado in your j»a|)«!i' of to-day by
(y.'iptain Wilk<i.s of tim navy, conc/Crniii^ tlio iiictificatioii of an
error on our wcstnrn coast.

'M'a)»t. Wilkes rould tiot liavo oxaiiiinod with mncli earn tlio
tioto of (Vij. Hcnion, which ho nndrrtaivcs to oriticiso, or ho
would hav(5 porccivod Ihat it is not ai^ainst anything stated l)y
('()!. I'kmiIoii, or rl.ainicMl for thoohHcrv.'ilioiis triado by myself, that
his HlrirtnroM .•i|'|>ly : i»nt that his solo disput.o, if ho has any, in
widi (Iki reports brought in by the slooj) of war I'ortsniouMi,
(Joinn)andei' Nbmlt^onKMy, an«l only <)iiote,d in Iho nolo of (Jol.
|{enl()n. Ho must also havo porceived, with a little, more, atten-
lention, Ihat the word ' dise,ov<!ry,' which h(j has iiilrodue,e,d as
a <jnolalion ilaliciz<^d, do(!s not exist in ( 'ol. l»enton's riot<; : and
henco (hat his nso of IIhi word, as if copifid from < !ol. l»e,nt,otrH
note, is, in both instances nnwarran(e(|.

"Tlio |)lain facts in tho matter in <jnest.ion aro ihes(i : in my
map published in 1845, accom|>aiiyins:^ tiie, report of the, first, ari<l
second expoditiona undor my command, tho lino of tho Pacific

causo of quarrel, nor oven of luikind feeling. We puhlisti Capt. Wilkes's
note as we did Mr. iJentou's, without reciiiiring any other authority tiiau
the name of the writer.

" We cannot however, repress the obviou.s remark, that, &n Col. Fre-
mont was not in possession of the corrected charts S[)oken of by Captain
Wilkes, he is still eiilitled to the merit of having, hy means of his astro-
nomical observations, discovered the error, though others alwo had dis-
covered the same error."

•"National Tntplligoncpr," June 10th, IstS.

note

lnn(

)t b

.u\

r:'^

W-

(t;

V:i

III!

338

LIFE AND SERVICES OF JOHN C.

FKEMONT.

•

coast was laid down (and so stated) according to the survey of
Vancouver. It was introduced inenily to give a necessary com-
pleteness to the map of my recoiinoissance, and without any
attempt at a rectitication of errors, which I supposed to come
properly within the ])rovince of the naval exploring expedition
which had re-.-ently surveyed the coast.

" In a recent expedition, having reference particularly to the
geography on the l*acitic coast, I was enabled to make 'a series
of observations ' in that countiy, depending on two main posi-
tions in the Sacramento valley, established by lunar culminations.
These observations were made in 1845 and 184G ; tiiey were cal-
culated during* the last winter bv l*rofessor Ilubbai'd of the Wash-
ington Observatory. On laying down the positions thus ascer-
tained on the map, they were found not to correspond with the
coast line, as before projected. I was aware that there had
been various surveys of the coast, and discrepancies between the
observations of the diti'-rent navigators there. My observations
agreed nearly with those of Capt. Ik'echey, and 1 immediately
wrote to the city of New York, to procure, if any such had been
published, a chart of the coast, founded on the surveys of either
Beechey or Belcher ; but was informed that there was nothing
of the kind known there.

"This being the case, I caused the line to be erased, and pro-
jected further west, in conformity with my own observations.
The fact of this alteration was confined to myself and to Mr.
Preuss, who was engaged in drafting the map, and was not
intended to be brought to the public nouce in any more promi-
nent way than by the publication of the map and observations,
to go for what they are worth, whether by themselves or in com-
]iarison. In the beginning of May, however, the arrival of the
s'ioop of war Portsmouth, Commander Montgomery, from the
J'acific Ocean, was announced, with the information, brought by
her, that the whale-ship Hope had lately been lost on that coast.
in consequence of this same error titill existing ' on the (diuris in
common use.' In connec-lion with this, it was also stated that

CORRESPONDENCE WITH CAPTAIN WILKES.

339

vey of
y coui-
it any
J come
cditioa

' to the
a series
in posi-
nalions.
tore ("il-
3 Wash-
is ascer-
with tlie
are had
veen the
ii'vations
lediatelv
i;id been
of either
nothing

md pro-
Irvations.
to Mr.

Iwas not
protni-
|rvalions,
in Corn-
ell of the
•om the
night by
liiit coast
iharts ill
ited that

two British naval vessels were engaged in a new survey of the
coast. The correction made in my map (then nearly completed,
and since laid before the Senate) was then mentioned, and it
was thought proper, for public information, to make a statement
of the fact of the correction, which was accordingly done in the
note of Colonel Benton, certainly without the intent to detract
from the labors of Captain Wilkes, or any one else, or to offer a
rem; k that could have that effect. I had had the good fortune
to find my observations in the Sacramento valley agree with
those made in the same valley by Captain Belcher, but they
differed with Captain Wilkes by about a third of a degree of
longitude. These recurring discrepancies presented an addi-
tional reason, as I judged, at a moment, when a new survey by
foreign authority was going on, for a public notice being made
of my observations, which I conceived I had a right to give with
the rest, to be taken at their value.

"The purpose of Captain Wilkes's note, as I understand it, is
to show that the error in the geography of the coast was known
years ago, and is corrected on the charts published in 1844, by
the exploration expedition under his command, and 'in the pos-
session of our ships navigating the Pacific Ocean, since that
time.' This being admitted, it only brings Captain AVilkes in
conflict with the information given to the press by the officer of
the sloop Portsmouth, as this was the whole authority on which
it was supposed that the ' charts in common use ' were errone-
ously projected, and that a note of correction of the error might
be of interest and importance.

" It does not appear, however, why Captain Wilkes should
have felt called upon to open a controversy on this matter \n
any shape. Certainl}'', whatever mei'it the exploring expedition
which he comm mded may have entitled itself to in the publica-
tion of corrections, it cannot claim any share in the making of
them u]>on the coast in question (that of Upper Culifurnia). Tn
his card of to-dav, Captain Wilkes refers to and professe>; to ha\o
airreed with the observations of Sir Edward Belcher. But in

3i0

LTFH AND 8KRVICES OF JOHN 0. FREMONT.

ii'

point of fact, tlie discrepancy between the positions of Captain
lic'Iclior and of Captain Wilkes is so great, as to have left the
true geography of the coast more unsettled than before. Capt.
Belcher's observations, like those of Capt. Wilkes, were extended
into the Sacramento valley. Point Victoria, at the junction of
Feather River with the Sacramento, is placed by Capt. Belcher in
longitude 121° 35' 35" (Belcher, vol. 1, p. 121) ; as laid down
by Captain Wilkes in his map, the same spot is about 30' or half
a degree further west ; so that Captain Wilkes must say either
that he is himself wrong by half a degree, or that Capt. Belcher
is. This is a large error to make in the position of a navigable
river, within two degrees of the coast parallel to it, affecting ihe
position of the whole valley, five hundred miles in length, at the
foot of the Sierra Nevada ; and necessarily impairs confidence in
the j)osition of the coast itself, with which it is connected.

" Previous to the publication of my map in 1845, Capt. Wilkes
was good enough to furnish me with the position established by
himself at New Helvetia, as is acknowledged in my report of
that date, and laid down upon the map then published. The
results of my own observations, made during a recent journey to
California, compelled me materially to change this position, remov-
ing it twenty miles, to the eastward. The observations connected
with these at this point, extended through the Sacramento and San
Joaquim valleys, which, with the dependent country, are accord-
ingly placed upon the present map twenty miles further east.
As already said, these positions agreed with Capt. Belcher, and,
being thus supported by his authority, and aware that my obser-
vations did not agree with those of Capt, Wilkes, I did not fur-
ther consult his maps or charts. I find to-day, however, by his
map of Upper California, accompanying the fifth volume of his
Narrative, that he has laid down the whole extent of the Sacra-
mento River more westerly than the longitude in which he had
placed New Helvetia, and diftering consequently, by half of a
degree from Capt. Belcher, whom he professes to concur with
con'oborate.

aiiii

.,' i

CORRESPONDENCE WITH CAPTAIN WILKES.

341

Captain
left the
, Capt.
ixtended
ction of
elcher in
\d down
)' or half
ly either
Belcher
lavigable
eting the
h, at the
idence in
d.

t. Wilkes
jished by-
report of
ed. The
3urney to
, remov-
;onnected
and San
e accord-
ler east,
ler, and,
my obser-
d not fur-
er, by his
me of his
:he Sacra-
ih he had
half of a
Qcur with

"It is true that the line of the coast appears to have been laid
down by Capt. Wilkes in the positions which the observations
of Capt. Beechey and Capt. Belcher would assign to it. liut it
is very strange that, if he agreed with those officers so exa(;tly
on the coast, he should, in the extension of liis surveys through
the short space of a degree, differ with them by half a degree of
longitude. Had Capt. Wilkes referred the coast, by the true
diflFerence in longitude, to his observations in the Sacramento
valley, it would have been thrown as much too far west as Van-
couver had placed it too far east. It would seem, then, that
Capt. Wilkes's observations do not forma connected 'series'
which depend on each other, and that they do not corroborate
or confirm previous surveys, except insomuch as they copy
them.

" I infer from Capt. Wilkes's card, that neither Capt. Bee-
chey nor Capt. Belcher's surveys caused the proper corrections
to be made in the charts of the coasts, and that his publications
of 1844 were the first to give the benefit of those older surveys
to the seamen of the Pacific. In that case the cause must have
been that the true position of the coast was considered still un-
certain at the hydrographic office in London : and this is the
more probable from the fact that a new survey was being made
last November. That Capt. Wilkes added anything he does not
pretend, and that our seamen need something more accMirate
than they have, is shown by the recent fate of the ship Hope,
and the report of her loss brought in by a naval vessel, whose
officers may be supposed to know what are the charts most in
use and most authentic.

" In conclusion, I wouy state, that the observations which I
have made, and on which the positions I have adopted depend,
will be published, in connection with a geographical memoir of
California, laid before the Senate a few days ago ; and since
Capt. Wilkes has thought proper to raise a coLtioversy with me,
1 hope he will see the propriety of also publishing the observa-
tions, which, with his large equipment of instruments, he was so

i
I

LETTER FROM CAPTAIN WILKES TO THE EDITORS.*

" Gentlemen : AVith much pleasure I avail myself of the call
of Lieut. Col. Fremont to give the public the required information
in relation to the observations made by the Exploration Expedi-
tion on the const of California. It has been mv constant <lesi-re
to publish the astronomical and hydrographical results ever since
the return of the Exploration Expedition, but from circumstances
beyond my control the publication has been and will be delayed
for some time.

*' As Lieut. Co!. Fremont wishes the public to know why I con-
troverted the first detection of the trror in the lonnfitude of the
coast of California, I will state that it arose from my desire to do
justice to others and ourselves on an interesting point of geogra-
phical history, deemed of such high importance by Col. Benton
as to cause him to claim, through the columns of your journal,
that the merit of its detection was due to the labors of Col.
Fremont, and also from a sense of duty to the public to state
what I knew had been previously done by others and ourselves.
I am well satisfied the public will deem me justified in doing so,
without impugning my motives.

'* With reference to the lono-itudes on the northwest coast
determined by the Exploring Expedition, the limits of your
whole paper would not more than suffice to give the details, I shall
therefore content myself with giving a general outline of the
manner in which the duty was performed, so as to be intelligible
to every one, and refer to the actual results when they are
published.

" Two observations were established, one at Nisqually, in

* National Intelligencer^ June 14th, 1848.

CORRESPONDENCE WITH CAPTAIN WILKKS.

d4:li

learned
the lei-

the call
vinatioii
Expedi-
it desire
rev since
nstances
delayed

ly I con-

e of the

ire to do

geogra-

Benton

journal,

of Col.

to state

urselves.

oing so,

st coast
of your
s, I shall
of the
elliu"ible
ley are

lally, in

Puget Sound, Oregon Territory, in latitude 47°, and the other at
Sausalito, on the north siile of the entrance in the bay of San
Francisco, California, in 37° 51' 00". At these positions scenes
of moon-cuini'.n iting stars, with both limbs of the moon, were
taken, and the longitude deduced from intervals observed by
Wm. Cranch Bond, Esij., at the Observatory, Cambridge, Massa-
chusetts ; by Lieut. Gillis, of the Navy, at Washington; and
from those also at Greenwich, both calculated in the Nautical
Ahnanac and observed. The first position, Nisqually, was by 4G
moon-culminating stars, and the second, Sausalito, by 68.
These two points thus astronomically determined, were also
connected by meridian distances through our chronometers, and
found to correspond satisfactorily. All the intermediate points
between these two latitudes have been referred to one or the
other, and most to both, through the agency of our chronometers.
The longitude resulting from the mean of the 68 moon-culmi-
nating stars at Sausalito places it in 122° 26' 06" 221'".

" The survey of the river Sacramento was intrusted to able
officers, and seven boats, including the launch, with provisions,
were employed on this dutv. To the untirincj exertions and zeal
of the party we are indebted for the accurate survey of the river,
from its mouth at San Pablo, to the head of navigation for
boats.

" The survey was made by triangulation until the river become
too narrow to work by that method ; above that it was accom-
plished by azimuths, and distances by sound. Four stations
were occupied for longtitude and latitude, the former being
determined by chronometers through equal altitudes of the stm,
and the latter by circum-meridian observations and by polaris.
These positions have been compare! with the surveys and proved
satisfactory. The chronometer used was No. 972, Arnold ainl
Dent, an excellent instrument. It was compared with the
standard time at the Observatory before leavinof, and after their
return, a period of eighteen days ; and its rate (which was small)
determined during that interval by the Observatory time. The

> it

l!:'

!|i5

344

IJKE

AND

T vr

SERVICES
>fnr if\ nl»n

Jf)IIN
wnrA 1

FUEMONT.
nriiiiinu Sfrnifa flarvt

u ■ i

I 1

m '

■)

-S

.■i

Sutter's Laiuliiiijf, Feather River, ivul the Fish weir at the head of
iirivii^Jitioji for canoes, and the resiiltinir Ioiii,ntiides from applyiiiif
the meridian distances to that of Sausalito Ohservatorv, were as
follows: Karirnine's camp, 122° 10' 58" 9o"' ; Capt. Sutter's
landin<r, 121° 22' 23" 55'" ; Feather river, 121° 20' 02" GO'" ;
Fish weir, 121° 48' 38" 25'".

" The ori!j;inal chart of tlio river was ])lottcd during the
progress of the survey on a large scale, and is 27 feet in length.
This I had the pleasure of showing to Col. Benton, Capt.
Fremont (just after his return from his second trip), and two or
three other gentlemen, who called at my house to see it. This
chart has been reduced, and is mow engraved on a sulUciently
larixe scale to show all the windings of the river.

"In February, 1845, Capt. Fremont wrote mo a letter request-
ing I would give him the positions 1 had assign*^"! Fort Vancou-
ver, and Capt. Sutter's Fort. The letter was forwarded to me at
Philadelphia, where I was then engaged I'eading the proofs of
my Narrative. The longitude of Fort Vancouver was 122° 39'
34" G"'\V., and Capt. Sutter's Fort 121° 40' 05"— the same as
given in the Narrative, and whicli Avas then believed to be cor-
rect. Subsequent calculations proved it to be erroneous. When
this was discovered, one of the oflicei's (St. Eld), who was on
very intimate terms with Capt. Fremont, asked me if he was at
liberty to communicate to Col. Fremont, and explain to h'un how
it had occurred. To this I of course assented, and have sin<;e
presumed it had been done, though I have no further knowledge
of the fact.

" The above longitude of Feather River differs from that given
by Belcher, some five or six minutes, and not as stated by Col.
Fremont, some thirty minutes. In respect to the observations
made on the Sacramento, by the able oflicers intrusted with that
duty, I am satisfied that every confidence is to be placed in them,
both for longitude and latitude.

*' I must hero take exception to Col. Fremont's comparing and

-l^f

CORRESrONDENCE WITH CAPTAIN WILKES.

ll'T

iTioasuring our longitudes from n small map eleven inches by
oiglit, covering seventeen degrees of longitinle.

"Exception is also to be taken to bis trealiiig tbe minor poirts
of our surveys as tbough tliey wore princtipal ones, and gov-
erned our coast line; this cannot be permitted; bo must well
know that all points of longitude in a survey are derived froin
and referred to tbat occui)ied as an observatory, an<l tbat tbcM'o
is no otber true course, and none other can witb fairness bo
adopted in comparing tlie longitude of dilferent survey..

" Capt. Beecbey gives bis longitude of Verba Buena Oove from
tbe result of twenty ♦wo moon-culminating stars, as 122° 27'
23" west. (See bis Appendix, page 6G7, quarto, London). It will
be seen tbat tbis differs from ours, and witb all due deference to
so able an observer, I bave not tbe sligbtest doubt but tbat Capt,
Beecboy bimself would, in weigbing tbe testimony of tbe two,
decide tbat tbe preference was to bo given to our longitude, tbe
result of sixty-eigbt culminations. Altbougb wo do not agree
witb Capt. Beecbey, yet I consider we confirm bis longitudes.

" An inference may bo drawn from a part of tbe remarks of
Col. Fremont tbat tbe Exploration Expedition bad depended for
its results upon otbers. I bave to inform bim as well as otbers
(to make use of a common expression), tbat the Expedition,
Avberever it did go, went on its own hook.

" Having thus considered tbe operations of tbis Exploring
Expedition, let us return to tbe point at issue before tbe public.
Capt. Beecbey established bis observatory in November, 1827,
near tbe fort at Monterey, from which can be seen Santa
CruZy near Anno JVuevo, the northwestern point of the bay
of Monterey, where Col. Benton claims that Lieut. Col.
Fremont made tbe observations which detected tbe error in tbo
coast-line of California. Capt. Beecbey has given tbe longitude
as 122° 51' 46", obtained from seven moon-culminating stars.
(See Appendix, page 068). Lieut. Col. Fremont admits tbat ho
agrees with Capt. Beecbey in his longitudes, and it is, therefore,
to be presumed tbat it is with tbe longitude of Monterey, or

SIG

LIFK AND SKRVICKS 01' JOHN C. FltKxMONT.

that of Yeiba Biiona Cove, wlii'-li have been connected by
Bcecliy, and found to correspond. If ho had a kn(>vvle<l<j^e of
these observations, the public must be satistied that Col. Benton
was not aiithoriijed to claim the detection of an error for Lieut.
Col. Fremont in the longitude of the coast of California that
had been previously known to him. "J'he surveys reported to be
in prosecution by Commander Montgomery, of the Portsmouth,
relate no doubt to the Gulf of (^alitbrnia and its coast, and not
to the racitic coast of California, between Monterey and Cape
St. Lucas.

" This part of the coast is well known, and there are ample
materials for its delineation in the possession of the British
Admiralty. It is usual to account for the h^ss of a ship by im-
puting errors to charts. No vessel ought to encounter wreck on
a coast, except through stress of weather; it might happen on an
insulated reef, rock, or islet ; but on a coast, in fair weather, it
must result either from ignorance or culpable neglect.

" As you, Messrs. Editors, truly observe, ' this discussion is a
matter [lurely scientific; ditierence of opinion cannot be any
cause of quarrel, not even of unkind feeling.' I therefore trust,
having felt none myself, t have been successful in avoiding giv-
ing cause for any to others.

" I am, very respectfully your obedient servant,

" Charles Wilkes.

" Washington, June 12, 1849."

LETTER FROM COLONEL FREMONT TO THE EDITORS.*

1 I I

" Messrs. Gales andSeaton: I should not deem it neces-
sary to trouble you or your readers with any further remarks on
the subject on which Captain Wilkes has thought proper to
invite a controversy with me, were it not for the very extraor-
dinary position taken in his letter this morning, and which goes
to the extent, in effect, of imputing unfairness in my references

* National Infdliqn,.-rr, .T'lnf 16, 184S.

COREESrONDENCE WITH CAPTAIN WIIKF.3.

34T

ofOes

to hia ohserviitiona, because I tested lliem by the map and books
which he lias published, and not to the results of certain 'sub-
sequent calcuhitions,' which are now for the lirat time made
public.

" Not k)n|rr after Captain Wilkes had boon polite enoufjh to
furnish me, as stated in my former letter, with the position he
bad established for New Helvetia, I left the country on my
third expedition ; and neiiluu' before my dejiarture nor at any
time until now, in the ' In'telligencer ' of this morning, did I ever
learn that Captain Wilkes luul discovered the erroneousness ot
of that position, nor do I now find that there are any errata or
other memoranda in his book by which the cori'oction is indi-
cated ; and I had not the power of clairvoyance to discover
those 'subsequent calculations ' that seem to have been mean-
time secure in his bureau. Captain Wilkes knew the use I
was to make of the position with which he furnished me, and if,
in fact, he made the discovery he now announces at the time he
states, while I was still here and my report and map open to
correction, the indifference which, according to his own showing,
he manifested, was neither more nor less than willfully to per-
mit (or rather cause) the further propagation of error on hia
authority. I had applied to Captain Wilkes, in a written com-
munication, for positions whicli would enable me to connect my
reconnoissance across the country with his surveys. His reply
and the positions he furnished me came in the same shape I
received them and gave them to the public in full confidence;
and I must confess my surprise — not to use a stronger term —
now to learn that, on discovering that he had led me into so
important an error, he had not at once given me the proper
correction in the most authentic form.

" Undoubtedly the positions noio set down by Captain Wilkes
for the Sacramento valley agree closely with the fact; but ho
fj-ives them now tor the first time, and it is most unwairantable,
his assertion that it was with reference to these 7iew positions
that I had said he differed half a degree of longitude from

348

LIFE AND SKKVICES OF JOHN C. FREMONT.

'ii;i:

, i ■ 1

J:|

1 iil

ill

■ is

Captain Bolcher. I had novor lioard of these new positions,
niid could not have .sj)()ken of tlicni. It was with rcfercnco to
Captain Wilkes's ^>///;//.s7«'rf wo)-Ar*, whicli have now been before
tiio public uncoin.'ctcd for the s})aco of three ycars^ tliat I said
and ropoat that his positions differ half a degree from those of
Captain liolchor, wliom lie assumes, in his letter of Thursday
last, to agree with and corroborate.

" T wish it to bo borne in mind that it was not in an invidious
spirit, or for any j>urpose of attack, that I pointed out this
remarkable discrepancy. Captain Wilkes claimed in his note to
liavo ])ublishod a correct delineation of the western coast prior
to any observations which I had made there ; and my only
object was to show why, if such were the fact, I was not aware
of it. The reason was this, that on comparing the position he
had given me in the Sacramento valley with my own observa-
tions, I perceived that there was the wide differer of twenty
miles of longitude between us, and I supposed that Ms observa-
tions would agree with each other, and of course the same dis-
agreement between his positions and mine would exist on the
coast. I did not know that he had published maps or charts
on other surveys than his own, and hence did not further con-
sult his labors. When, however, he raised this controversy,
and referred in his note to Captain Belcher's observations as
being in agreement with his, I found it proper to consult his
published works, and to show, in self defence, that in the dis-
crepancy between us he was not thus supported by Captain
Belcher, but differed widely from him.

" If Captain Wilkes intends, by taking exception to my refer-
ence to his map, published with the fifth volume of his Narrative,
to say that his map is incorrect and of no authority, then I
admit it would be improper to use it against him hereafter.
But this disavowal comes too late to affect anything that has
gone before ; and, moreover, if Uie map is to be thus discarded,
and also the positions given in the text, now, after a lapse of
thre'> years , to be erased and different ones substituted, in what

CORRESPONDENCE WITH CAPTAIN WILKE8.

3H)

part of the ciglit magnificent voliuncs can we bo certain that

* subsequent calculations' liavo not (iotectcd inaccuracies licro-
after to be exliibited ? It is idle to intimate that in a map, on
the scale of that given in the narrative of Captain Wilkes
(volume 5, beginning of chapter 6), and executed with so
much precision and neatness, with the meridians and paralU-Is
of latitude drawn at distances of single degrees, discrepancies in
position of such an extent as twenty to thirty minutes, cannot pro-
perly bo examined. For what purpose are the lines of longitude and
latitude drawn upon the map at all, if the position of places and
objects given are not to be measured and ascertained by them ?
If the ditierence in question were sliglit, no notice would have
been taken of it; but this broad discrepancy of half a degree is
as palpable and as open to criticism as if the map which shows
it were twenty times its actual scale; and this more especially
when it relates to a section which was the ol>je(!t of a particular,
extended, and careful survey, as Captain Wilkes informs us was
the case with the river Sacramento, and embraces not an isolated
point but the whole of that section.

" But Captain Wilkes further takes exception, and ' cannot
permit ' that I shall ' treat the minor points of his survey as
principal ones.' Nor have I done so ; but surely there ought to
be some degree of accordance between the minor points and
the principal ones, and if a large error be found in the minor
a corresponding one will be found in the principal. Besides,
this is not the error of a single ' minor point,' but a series of
errors running througli the observations made in some hundreds
of miles. And, furthermore. Captain Wilkes informs us in his
narrative, that a prominent point in the Sacramento valley — the
Prairie Buttes (isolated mountains) — formed ' one of the con-
necting links' between two surveying parties of his expedition,
one coming from the north, the other from the south, and

* served to verifiy their respective observations.' Surely it was
fair to conclude that the observations thus ' coimected ' and
' verified,' whether made at minor points or principal ones, were

'i 1' i

i;«

^Pf'^

iiumwwinBiBii

m :i

; !

:>i

I-

350

LIFE AND SERVICES OF JOHN 0. FKEMONT.

intended to be taken for correct, and the positions laid down
accordiiiijly. Again, these JSuttes, ' particularly described ' in
the narrative, and thus Ibrniing' a ' connecting link' and point
of ' verilicition ' for the surveys of the expedition, are con-
sj)icuously laid down by Captain Wilkes on his map, with the
meridian of 122° passing through them. Now, c'^es Captain
Wilkes wish us to believe that all this stands for nothing {
Does he mean to intimate that positions thus noted by him, and
conspicuously brought forward in the book and on the map, ;vre
not to be criticised because they are minor, not principal parts
in the surveys ?

"Consideied with relation to the position assigned to the
Sacramento River, the Buttes are rightly placed on the map ; but
* connecting link' and point of 'verification' as they are, they
require, along with the whole extent of the river, to be removed
many miles (in no pait less than twenty) further east, in order to
correspond with tlieir true longitude. The errors, therefore,
cannot be laid to the execution of the map, whicii is thus shown
to be drawn with care, and to agree with itself. It will also
be noted that, as two surveys were here 'connected' and ' veri-
fied ' — if, in fact, the errors which run through the line, were
the result, as we are now informed, of wrong ' calculations,'
instead of wrong observation, they involved a most remarkable
series of blunders, embracing the surveys of the parties both from
the north and south.

" I will copy here the longitude given by Captain Wilkes in
bis book, contrasted with those he now, for the first time, otiers as
from ' subsequent calculations.' In his book (quarto edition), he
places New Helvetia in longitude 121° 40' 05" ; in his letter of
to-day he gives 121° 2J' 23" bo" as the longitude of a point,
(Sutter's landing) near two miles west of New Helvetia, The
' Fish River, at the head of navigation' he gives in his book at
122° 12' 17", his present correction brings it 121^48' 38" 25"'.
The mouth of Feather River I do not find noted in his book ; in
his new correction he assigns it 121° 29' 02" 60'" — on his map

COREESPONDENCE WITH CAPTAIN WILKES.

351

it is placed some minutes west of 122°. A relative position
given to the coast, I rejieat, wouM have thrown it as much too
far west as Vancouver has placed it too far east.

'' I will not, however, here question Captain Wilkes's observa-
tions on the coast, or further inquire whether they ought to be
said to copy or conoborate those of Captain Boechey ; neither
will I question that the longitude 7iow given by Captain Wilkes
for his positions in the Sacramento valley are the true results of
his observations there, corrected by " subsequent calculations ;"
but I will say that, after suppressing the discovery of the errors
he now announces for a space of three yeai's, he has lost any
right to plead them for any purpose ; lej.st of all, for the purpose
of finding fault with those who have in.iocently taken his book
and map for authentic records. I must, moreover, be allowed
to inquire what degree of credit can further attach to a work
which, got ready with four year's preparation, its author, three
years subsequent to its publication, thus comes forward to
discredit?

" J. C. Fremont.

" Washington, June lith, 1848."

LETTER FROM CAPTAIN WILKES TO THE EDITORS.*

" Gentlemen : It is not my intention to trespass upon your
columns, or to weary the patience of your readers ; but I feel
constrained to offer a few words in reply to Lieut. Col. Fremont's
article in your paper of this morning.

*' As the object which was at issue before the public is not
touched upon in Lieut. Col. Fremont's last article, I consider it
therefore as ended, and that the testimony that I have adduced
of Capt. Beechey's observations at Monteiey and Yerba Buena
are entirely satisfactory to show that Col. Benton was not
authorized to claitri for Lieut. Col. Fremont the detection of the
error in the longitude of the coast of California.

* Kntinnal TnteUiqcncer, .Tiinp 19th, 18-t8.

ilfc i

S52

LIFE AND SERVICES OF JOHN C. FREMONT.

rj- ! ■

6 f

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mi-- - ■ '"

" Lieut. Col. Fremont's absence from the country on arduous
duty may perhaps be a sufficient apology for his being uninform-
ed of what has been done or published during the time, but I do
not think he can be held justified for making against me so
sweeping a charge as he has done, of withholding and suppress-
ing corrections from the public, when a slight examination or
some little inquiry, would have satisfied him he was in error
especially as it was a fact that the desire to meet his inquiries
and oblige was in part the cause of the errors of the longitude
he makes mention of on a small map, the corrections of which
errors were made a short time afterwards, and I fully believed
had been furnished by Lieut. Col. Fremont by Lieut. Eld, as
stated in my last communication.

*' Respectfully, your?, <fec.,

"Charles Wilkes.
"Jwne Uth, 1848."

LETTER FROM COL. FREMONT TO THE EDITORS.*

"Messrs. Gales & Seaton: I must confess my inability to
understand what Capt. Wilkes intends to signify, in his letter of
yesterday, by stating that his desire to oblige me was one cause
of the errors in the map of California. I do not perceive what
connection I had with those mistakes, other than to have been
grossly misled by placing confidence in the positions which he
furnished me.

" Apart from those I never saw any observations or calculations
of Capt. Wilkes, and I never saw his publications till since the
beginning of the present correspondence.

" If he means that in his haste to furnish me with the positions
I had requested, the erroneous calculations were made, to which
he now attributes his mistaken longitudes, I answer that his
expedition had then been nearly four years returned, liis publica-
tions were nearly through the press, and it is extraordinary if his

* National Intelligencer, June 20th, 1848.

CORRESPONDENCE WITH CAPTAIN WILKES.

353

calculations had not been made, and even the identical map
(which he would thus seem disposed to hold me responsible for the
blunders of) both drawn and engraved. Morever, I had under-
stood from Capt. Wilkes's first letter that his charts had been
published the year previous to my application to him, and it
would seem that his positions ought to have been calculated pre-
vious to the making of his charts. The truth is Capt. Wilkes led
me into error. According to his present showing, he discovered
very soon after that he had done so. I must be permitted to
believe that had his desire to oblige me been so strong as is now
intimated, he would liave taken the trouble to apprise me of his
mistake, which he never did. I discovered the error of the posi-
tion he had given me in the Sacramento valley from observations
made during my late tour. I did not suspect, and had no reason
to suspect, that he had made any subsequent rectification, and
hence I was led into the second error (if it be an error) of
supposing the coast was still erroneously laid down. I ascertain-
ed, as far as I was able to make inquiry, that no chart of the
fjoast had been issued by Beechey or Belcher ; I knew that Capt.
Wilkes was the last surveyor there ; I knew that my observations
differed from what he had furnished me as his by about twenty
miles, in the Sacramento valley, and took it for granted that
forty miles further west the same disagreement would exist ; and
so corrected the outline of my map according to my own obser-
vations. The report shortly after brouglit in by one of our public
vessels of the wreck of a ship on the coast in consequence of
error in the charts in common use, it was considered good reason
for making known that a different projection of the coast would
appear on the forthcoming map. If, then, there was any error
in this, or in the manner of its announcement, it is attributable
entirely to the wrong information given me by Capt. Wilkes,
and his failure to inform me of the fact, if he afterwards discover-
ed the error he had led me into, and which I had published on
his authority ; for I could not be expected to look to his publica-
tions for a correct delineation of the coast, when I knew that
forty miles off he had made so large an error.

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854:

LIFE AND SEliVlUKS OF JOHN 0. FREMONT.

" But it is clear tliat, if Captain Wilkes informs us, he has
made a publication of charts which give the necessary correction
of the coast, he must have abandoned his own survey for the
puipose, and proceeded entirelf/ by the observations of others, lie
published his charts, according to his note of the 0th instant,
inviting this controversy, 'in 1844.' Now, it was in the win-
ter of 1844-5, that he furnished nie the positions which, accord-
ing to his own showing, are so erroneous ; and, still later, his
own books contain the same and many corresponding errors.
His positions, Capt. Wilkes informs us, were determined by the
establishment of two observations — one at Nis(|ually, in I'uget's
Sound (the longitude of wdjich, nevertheless, he does not furnish
us with), and the other Sausalito, at the north side of the
entrance to the Bay of San Francisco — and the reference of all
the intermediate points to one or the other, and most of tliem to
both of these main positions. Now, I will venture to say that
all tliese 'intermediate points,' thus 'referred,' and as appears
by the narrative, ' connected' and " veritied,' could not contain a
common error, as they do, both in the map and text of Caj)tain.
Wilkes's book, without a like error m the n)ain positions. Hence
if Capt. Wilkes published a correction of the coast, in chart,
1844, he must have done it on tl)e labors of others; for he
does not pretend to have discovered the erroneousness of his
own cahmlations till after the issuing of his book in 1845.

" I apprehend, Messrs. Editors, tliat, notwithstanding the charts
by Capt. Wilkes, and the labors of the British officers, w hom he
quotes and seems to have copied, wlien the whole truth comes
to be investigated, it will be found that the proper position of
the coast is not much better ascertained now than it was near
sixty years ago. My occupation has been that of reconnoissanco
and survey inland, and my attention had not been directed to
ths state of the survevs on the coast bevond the veiv nai'row
incjuiry — when I found my observations to be at variance with
those of Vancouver, and still more so with those of Capt.
Wilkes — whether Beechey or Belcher had published a cor-
rected cluirt. Since the commencen)ent of this correspondence,

■r

er, his

charts
lioin he

comes
liou of
IS near
lissanco
^teil to
In arrow
I'e with
I Capt.

a cor-

[dencQ,

OOEKESPONDKNGE WITH CAPTAIN WILKES.

855

however, I have given the subject some more examination. The
Spanish navigator, Malaspina, to the merits ot" whom llinuboMt
bears such honorable testimony, and whose subsequent mist'or-
tunes and poUtical persecution gave a peculiar interest to such
portion of his labors as tliey did not destroy, made a survey of
this coast in 1791. His longitudes, as far as I have been able
to examine them, were nearly correct. Vancouver followetl
innnediately after, and his surveys, disagreed with Malaspina's,
threw the coast from a third to a half degree too far east; sub-
sequent surveys, as far as tliey have made any change, are but
hltle more than restoring the positions of Malaspina.

" As for Capt. Wilkes's renewed objection to having his ' small
map,' taken for a test, I have to remai'k, that corresponding
errors with those in his ' small map,' appear in his larger map
of Oregon^ and in the text of his narrative^ and 1 am not
acquainted with any other publications he has made. If he
objects to having it said that he has suppressed or withheld
his corrections, surely he ought to point where and when he
has made them public.

" I wish again to make Jie remark that this controversy is not
of my seeking. When I disi^overed the great erroneousness of
the positions Capt. Wilkes had given me, I contented myself by
quietly making the corrections on my man; 1 had received them
in good faith as the result of his observations, and supposed them
to be o-iven the same v/av, and. should have studiouslv avoided,
therefore any mention of the descrepancy. Had I known, how-
ever, what he now informs us of, that he had shortly afterwards
found those positions to be incorrect, and yet left me in ignor-
ance of the rectification, to make an erroneous publication, I
should not have been so silent.

'' I stated in my first letter that I did not see why Captain
Wilkes had thought himself called on to provoke this contro-
versv, since whatever his merits in tlie publication of corrections
on the coast of California, he could not claim any share in the
making them. I am now still more at a loss to kuow why ho

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356

LIFE AND SERVICES OF JOHN 0. FREMONT.

felt concerned in the matter, for it has become still more plain
that he could not have supposed himself in any v/ay wroi>"fed.
His surveys not only do not make any corrections on the coast
of California, but I feel warranted in saying that his entire
surveys in Oregon and California, as far as they follow his own
observations, are erroneously laid down in his j published works.

" J. C. Fremont.

•' Washington, June2Qth, 1843,"

FOURTH EXPLORING EXPEDITION.

857

CHAPTER Xm.

FOURTH EXPEDITION ENCAMPED IN KA.NSA8 ^TERRIBLE JOUR-
NEY THROUGH THE MOUNTAINS FRIGHTFUL SNOW STORM — •

ONE HUNDRED AND TWENTY MULES FROZEN TO DEATH IN
ONE NIGHT — STARVATION OF HIS COMRADES — MIOKTS AN
UNEXPECTED FRIEND REACHES THE RANCHE OF KIT CAR-
BON THRILLING LETTER TO HIS WIFE — ADVENTURE WITH

NAVAHOES INDIANS.

In October, 184:8, Fremont sat out upon liis fourth ex-
pedition. But lie went now at his own expense and not
at the expense of the government; as an emigrant in
quest of a home in the new State wliich he had enuinci-
pated, and not as an ofhcer under orders. lie went to
prepare for the recepition of his family, who were to join
him in the spring, and he cliose the winter for the journey
as the season best adapted to make him acquainted with
several of the most serious difficuhies to be encountered
in the construction of a highway to the Pacific, an enter-
prise of which he never lost sight in any of his plans for
the future. He sat out on the 19th of October, and deter-
mined to make tlie line of his route aloni; the head of the
liio Grande ; lirst, because that route had never yet been
explored, and secondly, because he had been informed
by the mountaineers that there was a very practicable

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358

LIFE AND SERVICES OF JOHN C. FREMONT.

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pass tliron^h the Mountains at the head of tliat rlvor.
This route to(>k him tliruugh tlie country of the Utahs,
A})aches, Navalioes, Cainanches, Kioways, and other
savage tribes of Indians, then all al; war with the United
States. To contend with the enemies and i)hysical dan-
gers of the inhospitable region through which he was to
pass, lie had selected thirty-three of his old companions,
all provided with good rifles, and one hundred and
twenty of the best mules he could find. These, with an
experience in the kind of life to which they were to be
exposed, without a parallel, and with a courage never
surpassed, constituted his outfit and his security. Their
preparations for this expedition were mostly made at
a small government post just over the borders of
Missouri in Kansas. Mrs. Fremont attended him as
far as this point, and remained with him for the five
or six weeks that he was occupied with his prepara-
tions; spending her days at his camp and her nights
at the more comfortable quarters hospitably assigned
to her and her husband by Major Cummins, a venerable
Indian agent who had lived upon the frontier for twenty
or thirty years. Here, in the depths of this vast wilder-
ness, far beyond even the shadows of advancing civili-
zation, Col. Fremont and his little party made their first
ac(puiintance with a country which only seven years
afterwards ' became the theatre of events destined to
change the whole plan of his life; — to call him. like
"Washington, from his surveying, to l)ecome the national
champion of freedom and civilization.

Of the ]irogres3 and results of this expedition, fortu-
nate as well as disastrous, Col. Fremont has as yet pub-
lished no complete report. A sufficiently minute ac-
count of it, however, for our pvesont purpose may be

roURTH EXPLORING EXPEDITION.

359

gathcroil from his privnto corrci^ponflcneo dnrnin^ the
journey, and from the sketch just })ublished by Cuh)nel
Benton.

Tlie follo^v^ng letter dated from Bent's Fort shows
what he had accomplislicd up to that pohit.

LETTER FUOM COL. FREMONT TO COL. BENTON.

ned

•able

enty
der-
vill-
first
ears
d to
like
onal

ac-
he

'« Camp at Bent's Fort, Nov. 17, 1848.
' "My Dear Sir: We have met with very reusoimble success
and some good residts this first long step upon our journey. In
order to avoid the chance of snow-storms upon the more ex-
posed Arkansas road, I followed up the line of the vSouthern
Kansas (the true Kansas River) and so far added souieth.ing to
geography. For a distance of 400 miles our route led through
a country affording ahundant timber, game, and excellent grass.
We find that the Valley of the Kansas affords by far the most
eligible approach to the Mountains. The whole valley soil is
of very superior quality, well timbered, abundant grasses, and
the route very dii-ect. This line would afiord continuous fuid
good settlements certainly for 400 miles, and is tlierefore worthy
of consideration in any plan of a))proach to the Mountains. We
found our friend. Major Fitzpatrick, in the full exercise of his
functions at a pf)int about thirt}^ miles below this, in what is
called the ' Big Timber,' and surrounded by about 600 lodges
of ditVeient nations, Aj)aches, Cauianches, Kioways, and Arapa-
hoes. He is a most admirable ai^ent, entirely educated for sutdi
a post, and possessing the ability and courage necessary to make
his education available. He has succeeded in drawing out from
among the Catnnnches the whole Kioway nation, with the excep-
tion of six lodges, and l^rouirlit over amonnf them a considerable
number of lodges of the Apaches and Camanclies. When wo
arrived he was holdino: a talk with theni, making a feast aixl
giving them a few pres.-nts. We found tlu'in .; [ on their goo<l
behavior, and were treate>l in tli*' most fi'iendlv uianuur; wvio

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300

LIFE AND SERVICES OF JOHN C. FREMONT.

neither annoyed by them, nor had anything stolen from us. I
hope you will be able to give him some support, lie will be
able to save lives and money for the government, and knowing
how difficult iliis Indian question may become, I am particular
in bringing Fitzpatrick's operations to your notice. In a few
years he might have them all farming here on the Arkan-
sas.

" Both Indians and whites here report the snow to be deeper
in the mountains than has for a long time been known so early
in the season, and they predict a severe winter. This morning
for the first time, the mountains showed themselves, covered with
snow, as well as tlie country around us, for it snowed steadily the
greater part of yesterday and the night before. Still, I am in
nowise discouraged by the prospect, and believe that we shall
succeed in forcing our wuy across. We will ascend the Del
Norte to its head, descend on to the Colorado, and so across the
Wahsatch mountains and the basin country somewhere near the
3l\\i parallel, reaching the settled parts of California, near
Monterey. There is, I think, a pass in the Sierra Nevada
between the STth and 38th, which I wish to examine. The
party is in good spirits and good health ; we have a small store
of ]»rovisioiis for hard times, and our instruments, barometer
included, all in good order. We a»'e always up an hour or two
before light, and the breakfasts are all over, and the camp pre-
paring to move, before sunrise. This breakfasting before day-
light, with the thermometer ranging from 12° to 18°, is a some-
what startling change from tlie pleasant breakfast-table in your
stove-warmed house. I think that I shall never cross the con-
tinent again, except at Panama. I do not feel the pleasure that
I used to have in those labors, as they remain inseparably con^
nected with painful circumstances, due mostly to them. It needs
strong incitements to undergo the hardships and self-denial of
this kind of life, and as I iind I liave these no longer, I wiil drop
into a quiet life. Should we have reasonable success, we shall
bo in California early in January, say about the 8th, where I

I-OL'KllI KXI'LOIilN'a KXTKIMTION.

^01

hliiill expect to hour from all by the ste.iinor. Piefcrrinij you for
odicr (.lutails to Jessio, to ^vllom I have written at leiii^th,

" 1 reiuain, most atlei'tionaU'ly yours,

"J. C. FjiEMONT."

(I with
ily the
am in
e shall
be Del
■OSS the
ear the
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Nevada
The
1 store
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or two
i[) |>re-
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i some-
n your
16 con-
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ly conr
t needs
nial of
U drop
e shall
here I

"Arrived at Pueblos on the Upper Arkansas, the last of
Novembei'," says Col. Uenton,* " al, the base of the first sierra to
be crossed, luminous with snow, and stern in their doininatirig
look, he dismounted, his whole company took to their feet, and
wadini^ waist dee}) in flie vast unbroken snow-field, arrived on
the other side in the beautiful valley of San Luis; but still (»n
the eastern side of the threat mountain chain which divide the
waters -which ran east and west to the risiuLT '"xud settinnf sun.
At the head of that valley was the I'ass, dcsi-ribed to him by
the old hunters. With his g^lasso lie could see the depression
in the mountain which nuuked its place, lie had taken a hxal
guide from the Pueblo San Carlos to lead him to that Pass. lUit
this precaution for safety was the passport to disaster, lie was
behind, with his faithful draughtsman, Preuss, wdien he saw his
guide leading the company towards a mass of mountains to the
left; he rode up and stopped them, remonstrated with the guide
ff-r two hours, and then yielded to his positive assertion that the
pass was there. The company entered a tortuous gorge, follow-
iug a valley tlirongh which ran a head stream of the great river
Del Norte. Finally they came to whore the ascent was to begin,
and the summit range crossed. The snow was deep, the cold
intense, the acclivity steep, and the huge rocks projei;ting. The
ascent was commenced in the morninix, struii-oied with durinj:
the day, an elevation reached at which vegetation (wood) c(;aseM',
and the summit in view, when, buried in snow, exhausted wilh
fatigue, freezing with cold, and incapable of further exertion, lii.;
order was given to fall back to the lino of vegetatiuti, were woe. i
would adbrd a lire and shelter them for the night. AVitli gre^'t
care the animals were saved I'rom freezing, and at the tirsi

*■■ Tliirty Years View, vol ii. i>. Tl'.'.

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TEST TARGET (MT-3)

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Photographic

Sciences

Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

^\^

362

LIFE A:s'D services of JOHN C. FREMONT.

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(lawn of clay the camp, after a daybreak breakfast, were in
motion for the ascent. .Precautions had been taken to make it
more practicable. Mauls, prepared during the night, were
<;arried by the foremost division to beat down a road in the
snow. Men went forward by relieves. Mauls and bai;ij:au-'j
followed in long single file, in the tract made in the snow. The
mountain was scaled — the region of perpetual congelation,
"was entered. It was the winter solstice, and a place where the
summer solstice brought no life to vegetation — no thaw to con-
gelation. The summit of tlie sierra was bare of everything but
snow, ice and rocks. It was no place to halt. I'ushing down
the side of the mountain to reach the wood, three miles distant,
anew and awful danger presented itself: a snow storm raging,
the freezing winds beating upon the exj)Osed caravan, the snow
became too deep for the mules to move in, and the cold beyond
the endurance of animal life. The one hundred and twenty
mules, huddling together from an instinct of self-preservation
from each other's heat and shelter, froze stiff as they stood, and
fell over like blocks, to become hillocks of snow. Leavino: all
behind, and the men's lives to be saved, the discomfited and
freezing jiarty scrambled back, recrossing the summit, and find-
ing under the lee of the mountain some shelter from the driving
storm, and in the wood that was reached, the means of making
fires.

"The men's lives were now saved, but they were destitute of
everything, only a remnant of provisions, and not even the resource
of the dead mules, which were on the other side of the summit;
and the distance computed at ten days' travel to the nearest
New Mexican settlement. The guide and three picked men were
dispatched thither for some supplies, and twenty days fixed for
their return. When they had gone sixteen days, Fremont, preyed
upon by anxiety and misgiving, set ofi" after them on foot, snow
to the waist, blankets and some morsels of food on the back : the
brave Godey, his draughtsman, Preuss, and a fiiithful servant, his
only company. When out six days, he came upon tlie camp of

FOURTH EXPLORING EXPEDITION.

)reyed
snow
tho
It, liis

flip of

liis guide, stationary and apparently witnout pain or ol'jecf,
and tlie men, wild and emaciated. Not seeincf Kincr, tlie princi-
pal one of tlie company, and on whom lie relied, he asked for
liim. They pointed to an older camp, a little way ott". Going
there he found the man dead, and horribly devoured. He had
died of e.xliaustion, of fatigue, and lii.s comrades fed upon him.
Gathering up these three survivors, Fremont resumed his jour-
ney, and had not gone far before he fell on signs of Indians —
two lodges, implying tifteon or twenty men, and some forty
or fifty horses — all recently passed along. At another time this
would have been an alarm, one of his fears being that of falling
in with a war party. He knew not Avhat Indians they were, but
all were hostile in that quarter, and evasion was the only secu-
rity against them. To avoid their course was his obvious
resource : on the contrary he followed it ; for sucii was the des-
peration of his situation that even a chance of danger liad an
attraction. Pursuing tlie trail down the Del Norte, then frozen
solid over, and near the place where Pike liad encamped in the
winter of 1807-8, they saw an Indian behind his party, stopped
to get water from an air hole. He was cautiously approached,
circumvented and taken. Fremont told him his name : tho
young man, for he was quite young, started, and asked him if he
was the Fremont that exchanged presents with the chief of the
Utahs, at Les Veges de Santa Clara, three years before ? Ho
was answered, ' Yes.'

"'Then,' said the young man, 'we are friends: that chief
is my fiither, and I reme;nber you.'

" The incident was romantic ; but it did not stop here.
Though on a war inroad upon the frontiers of New Mexico, the
young diief became his guide, let him have four horses, con-
ducted him to the neighborhood of the settlements, and then
took his leave to resume his scheme of depredation on the fron-
tier.

" Fremont's party reached Taos, was sheltered in the house of
his old friend Carson — obtaining the siipplifs neoded — sent them

301

LIFE AND SERVICES OF JOHN C. FRKMONT.

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back by llio brave Godoy, who was in time to save two-thirds
of the party, fiiuling the other third dead upon the road, scat-
tered at intervals as each had sunk exhausted and frozen, or
litilf burned in the fire which had been kindled for them to die
by. The survivors were brought in by Godey, some crippled with
frozen feet. Fremont found himself in a situation which tries
the soul — which makes the issue between despair and heroism —
and leaves no alternative but to sink under fate, or to rise above
it. His wliole outfit was gone : his valiant mountain mon were
one third dead, many crip})led : he was penniless, and in a
strange place. He resolved to go forward, nulla vestigia rctror-
suni : to raise another outfit, and turn the mountains by the Gila.
In a few days it was done — men, liorses, arms, provisions, all ac-
quired : and the expedition resumed.

" But it was no longer the tried band of mountain men ol.
whose vigilance, skill and courage he could rely to make their
way through hostile tribes. They were new men, and to avoitl
danger, not to overcome it, was his resource. The Navahoes and
Apaches had to be passed and eluded, a thing difficult to be
done, as his party of thirty men and double as many horses
would make a trail easy to be followed in the snow, though not
deep. He took an unfrequented course, and relied upon the
secrecy and celerity of his movements. The fourth night on
the dangerous ground, the horses, picketed without the camj),
gave signs of alarm. They were brought within the square of
fires, and the men put on the alert. Daybreak came without
visible danger. The camp moved oft"; a man lagged a little
behind, contrary to injunctions, the crack of some ritles sent
him running up. It was then dear that they were discovered,
and a party hovering round them. Two Indians were seen
ahead ; they might be a decoy, or a watch, to keep the party in
view until the neighboring warriors could come in. Evasion
was no longer possible ; fighting was out of the question, for the
whole hostile country was ahead, and narrow defiles to be
passed in the mountains. All ciopended upon the address of

FOURTH KXPI.ORINr; EXPEDITION.

o')0

their commander. Relying upon his ascemlency over the savajije
luiiid, Fremont took liis interpreter, and went to the two In^linns.
Godey said he sliould not go alone, and Ibllowed. Approaching
thein, a deep ravine was seen between. The Indians beckoned
liim to go round by the liead of the ravine, evidently to place
that obstacle between him and his men. Symptoms of fear or
distrust would mar his scheme, so he went boldly round, accosted
them confidentially, and told his name. They had never heard
it. He told them they ought to bo ashamed not to know their
best friend ; enquiring for their tribe, which he wished to see :
and took the whole air of confidence and friendship. He saw
they were staggered. He then invited them to go to his
camp, where the men had halted, and take breakfast with him.
They said that might be dangerous, that they had shot at one
of his men that morning, and might have killed him, and now
be punished for it. He ridiculed the idea of their Imrting liis
men, charmed tliera into the camp, where they ate, and smoked,
and told their secret, and became messengers to lead their tribe
in one direction, while Fremont and his men escaped by another,
and the whole expedition went through without loss, and with-
out molestation."

Immediately upon his arrival at Taos and while shar-
ing the hospitality of his faithful friend Carson, he ad-
dressed tlie following letter to his wife, and for its length,
we scarcely know a more thrilling record of personal
adventui-e in our language :

LETTER FROM COL. FREMONT TO HIS WIFE.

" Taos, New Mexico, Jan. 27, 1849.

" My very dear Wife ! I write to you from the house of our
good fi'iend Carson. This morning a cup of chocolate was
brought to mo, while yet in bed. To an overworn, overworked,
much fatigued, and starving traveller, these little luxuries of the

:i(jG

IJFK AND 8KUVICES OF JOHN C. FREMONT.

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world ofl'or an I'nterost wliicli in your comfortable home it is not
possible for you to conceive. Wliilo in the enjoyment of this
luxury, then, I j)leasetl myself in imai(ining how t,n'atifie<l ydu
Avoukl be in j»icturinrr me here in Kit's care, whom you will
fancy constantly occupied and constantly uneasy in endeavoring
to make me comfortable. How little could you have dreamed
of this while ho was enjoying the pleasant l)Os])itality of your
father's house ! The furthest thing then from your mind was
that he would ever repay it to me here.

"But I have now the unpleasant task of tellint]: you liow I
came here. I had much rather write vou some rambliiio: letters
in unison with the repose in which I feel inclined to indulge,
and talk to yoji about the future with which I am already busily
occupied; about my arrangements forgetting speedily down into
the more pleasant climate of the lower Del Norte and rapidly
through into California; and my plans when I get there. I
have an almost invincible repugnance to going back among
scenes where I have endured much suffering, and for all the in-
cidents and circumstances of which I feel a strong aversion. But
as clear information is absolutely necessary to you, and to your
father more particularly still, I will give you the story now in-
stead of waiting to tell it to you in California. But I write in
the great hope that you will not receive this letter. When it
reaches Washington you may be on your way to California.

" Former letters have made you acquainted with our journey
so far as Bent's Fort, and from report you will have heard the
circumstances of our departure from the Upper Pueblo of the
Arkansas. We left that place about the 2oth of November,
with upwards of a hundred good mules and one hundred and
thirty bushels of shelled corn, intended to support our animals
across the snow of the high mountairs, and down to the lower
parts of the Grand River tributaries, where usually the snow
forms no obstacle to winter travelling. At the Pueblo, I liad
engaged as a guide an old trapper well known as ' Bill Wil-
liams,' and who had spent some twenty-five years of his life in

FOURTH EXPLORING EXrEDITION.

O 1-

trappinc; various parts of the Rocky ^fouIlt.'li^s. Tlio error of
our journey was committed in engaiMng this man. lla pnnc'l
never to have in the k;ast known, or entirely to liave t'orgotti-n,
tho whole reijiou of country chroiii^h whicii we were to pass.
We occupied more than half a month in making the journey
of a few days, blundering a tortuous way tlirou^h <'eep snow
which already began to choke up the passes, for which we were
obliijed to waste time in searching. About the 11th Decemlx^r
',ve found ourselves at the North of the Del Norte Canon, whor*^
that river issues from the St. John's Mountain, one of the high-
est, most rugged and impracticable of all the Rocky Mountain
ranges, inaccessible to trappers and hunters even in the sunnner
time. Across the })oint of this elevated range our guide con-
ducted us, and having still great confidence in his knowledge,
we pressed onwards with fatal resolution. P^ven along the
river bottoms the snow was already belly deep for tlie mules,
frequently snowing in the valley and almost constantly in th-e
mountains. Tlie cold was extraordinary ; at the warmest
liours of the day (between one and two) the thermometer
(Fahreidieit) standing in the shade of only a tree tmnk at
zero ; tlie day sunshiny, with a moderate breeze. We pressed
up towards the summit, the snow deepening; and in four or
five days reached the naked ridges which lie above the tim-
bered country, and which form the dividing grounds between
the waters of the Atlantic and Pacific oceans. Along these
naked ridges, it storms nearly all winter, and the winds sweep
across them with remorseless fury. On our first attempt to
cross we encountered a jyoudcrle (<lry snow driven thick
through the air by violent wind, and in which objects are
visible only at a short distan(;e), and were driven back, liav-
ing some 10 or 12 men variously frozen, face, Iiands, or feet.
The o-uide became niofh being frozen to death here, nml dead
mules were already lying about the tires. Meantime, it snowed
steadily. The next day we made mauls, and beating a road
or trench through the snow crossed the crest in detiance of

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IJFE ANT) BERVTOEfl OF .TOHN f!. FRKMONT.

llio poudcridy and encamped immediately below in the edi^e
of the timber. The trail showed as if a defeated party had
passed by ; pack -saddles and packs, scattered articles of cloth-
ing, and dead mules strewed along. A continuance of stormy
weather paralyzed all movement. Wo were encamped some-
where about 12,000 feet above the sea. Westward, the coun-
try was buried in deep snow. It was iinpossible to advance,
and to turn back was equally impracticable. Wo were over-
tnken by sudden and inevitable ruin. It so happened that
the only j laces wLore any grrss could be had wore the ex-
treme summit of the ridges, \,\xQvq the sweeping winds kept
the rocky ground bare and the snow could not lie. Below
these, animals could not get about, the snow being deep
enough to bury them. Here, therefore, in tlte full violence
of the storms wo were obliged to keep our animals. They
could not be moved either Avay. It was instantly apparent
that we should lose every animaL

" I determined to recross the mountain more towards the
open country, and haul or pack the baggage (by men) down to
the Del Norte. With great labor the baggage was transported
across the crest to tl>e head springs of a little stream leading to
the main river. A few days were sufficient to destroy our fine
band of mules. They generally kept huddled together, and aa
they froze, one would be seen to tumble down and the snow
would cover him ; sometimes they would break off and rush
down towards the timber until they were stopped by the deep
snow, where they were soon hidden by the pouderU. The
courage of the men failed fast ; in fact, I have never seen men
so soon discC'Uraged by misfortune as we were on this occasion ;
but, as you know, the party was not constituted like the former
ones. But among those who deserve to be honorably mentioned
and who behaved like what they were — men of the old explor-
ing party, — were Godey, King, and Taplin; and first of all Godey.
In this situation, I determined to send in a party to the Spanish
settlements of New Mexico for provisions and mules to transport.

tlie edge
party lm<l
J of doili-
of stormy
ped soine-
^ the coun-
3 advance,
were over-
pened that
jre the ex-
winds kept
lie. Below
being deep
ull violence
mals. They
tly apparent

towards the
,en) down to
i transported
m leading to
itroy our fine
rether, and as
and the snow
off and rush
1 by the deep
mderie. The
ver seen men
this occasion ;
ke the former
ably mentioned
he old explor-
rst of all Godey.
to the Spanish
lies to transport.

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TKHKIPIC SNOW STORM ON TIIK UOCKY MdlN 1' AINS— (. (il.. KKK.MONT KKKPS (■IIKI.SIM Afi

KKiDINU liLAl.'KSldNl: — I'AHl; otlD.

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IKISl MA!<

FOURTH EXPLORING EXPEDITION.

3G9

our bajTiracfc to T.ios. "With ooonoinv, aiid after wo sliouM lo.ivo
the mules, wo had not two weeks' ))i'()visions in the camp. Tlieso
consi.sti!(l of a store which I hml reserve<l for a haitl day,
macaroni and bacon. From anutnLj tho vohmtecrs 1 tliuo.so
King, lJra(;kenridL,% Creut/.feldt, and tho j^'uide WilliamH; tho
party under tho command of Kini^. In caio of tho least delay
at the settlements, ho was to send mo an express. In tho mean-
time, wo wore to occupy ourselves in removing tho bajifi^aj^'o and
equipago down to tho Del Norte, which wo readied with our
baggage in a few days after their departure (svhi'di vas the day
after Christmas). Like many a Christmas tor ye:irs back, mine
was spent on tho summit of a wintry mountain, my heart filled
with gloomy and anxious tliouglits, with none of tho merry faces
and pleasant luxuries that belong to that happy time. You may
bo sure we contrasted much this with tho last at Washington,
and speculated much on your doings, and mndo many warm
wishes for your happiness. Could you liave looked into
Agrippa's glass for a fow moments only ! You remend)er tho
volumes of Blackstone which I took from your father's library
when wo were overlooking it at our iViend Brant's? Tlusy
made my Cliristmas anmsements. I read them to pass (he
heavy time and forget what was arouml me. Certainly you
may suppose tliat my first law lessons will bo well rememhered.
Day after day passed by and no news tVom our ex[)ress party.
Snow continued to fall almost incessantly on tho mountain.
The spirits of the camp grew lower. Prone laid down in tlio
trail and froze to death. In a sunshiny day, and having with
him means to make a fire, he threw his blankets down in the trail
and laid there till he froze to death. After sixteen days liad
elapsed from King's departure, I became so uneasy at the delay
that I decided to wait no longer. I was aware that our troops
had been eno-ao-ed in hostilities with the Spanish Utalis and
Apaches, who range in the North River valley, and became
fearful that they (King's party) hail been cut ofi" by tliese
Indians; I could imagine no other accident. Leaving tho camp

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370

MKK AND KKUVICKS OF J(JHN 0. FKLMONT.

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oniploycd witli the baG:,<,'n2o and in cliargo of Mr. Vincontlialor,
1 starkMl down tlio rivor witli a small jKirty consistitij^ of (iudcy,
(with liis yoiiiitr nophew), Mr. I'rouss and Saunders. Wo
ctarricd our arms and jirovisjon for two or throo days. In the
camp llio nM'sst's had provisions tor two or three meals, more or
K'ss ; and ahout tive pounds of sui^ar to each man. J''ailiniif to
met't Kint;, my intention was to make the Ked River settlement
about twenty-five miles north of Taos, and send hack tlio
speediest relief possible. My instrnctions to the camp were,
that if tiny did not hear from me within a stated time, they
>vere to follow down the Del Norto.

*' On tiie second day after leavini^ camp we came upon a fresli
trail of Indians — two lodges, with a considerable number of
ainmals. This did not lessen our uneasiness for our ])eople. As
their trail when we met it turned and went down the river, we
followed it. On the fifth day wo surprised an Indian on the ice
of the river. lie proved to be an Utah, son of a Grand Jiiver chief
we had formerly known, and behaved to us in a friendly man-
ner. AVo encamped near them at night. By a j)rescnt of a
rifle, my two blankets, and other pr.imised rewards when we
should get in, I prevailed upon this Indian to go with us as a
guide to the Ketl River settlement, and take with him four of
liis horses, principally to carry our little baggage. These were
wretchedly poor, and could get along only In a very slow walk.
On that day (the sixth) we left the lodges late, and travelled
only some six or seven miles. About sunset we (tiscovered a
little smoke, in a grove of timber off from the river, and think-
ing perha}>s it might be our express party on its return, we went
to see. This was the twenty-second day since they had left us,
and the sixth since we had left the camp. We found them —
three of them — Creutzfeldt, Brackenridge, and Williams — the
most nuserablo objects I have ever seen. I did not rectogtiize
Creutzfeldt's features when Brackenridge brought him up to me
and mentioned his name. They had been starving. King h;id
starved to death a few days before. His remains were some

ForiMii i:xpiA)KiN() i;xiM;DrrroN.

;^TI

nix or eiiflit tnilcs iiltovo, noar tlio river. Wy n'u\ of tlio Iiorsos,
wo cnrriiMl tlu'sn tlircc men witli us to lU'A liivfrsottlemeiit, wliiili
M(* rcaclnMl (.Ijiii. L'U), <»ii tliu ti'iitli (MtMiiiiLj after leaviiiLj oiii'
('aiii|) ill tliu iiioiiiitaiiis, liaviiii^ travulleil tliroiii^li snow ami «>ii
foot one iininlnid .ind sixty miles. I look upon the anxiety
wliieli inilueed ifw to set out from tlm camp as an inspiraiioii.
IIa<l I r«maineil tliero waitinijf the party which had been sent in,
every num of us would prohaMy have perished.

"'I'he morniinjf after reachini; the Ue<l Kivor town, Ciode?
and myself rodo on to the Ivio Hondo and Taos, in search of
animals ami si.nplios, and on the se(!onil oveniiiLf after that on
whi(tli wo had reached lied Jtivur, (Jodey liatl returnoil to that
place with about thirty animals, provisions, atul four Mexicans,
with which he set out fur the camp on tho followini; niorniiii;.
On tho road ho received eij^ht or ten others, which were turned
over to him liy tlu' orders of Afajor IJeale, the enmmandin'^ olli-
cer of this northern district of N«'W Mexii.o. I exp<!(;t that
(lodey will reacli this place with the party on Wednesday eve-
iiinij;, tho 31st. From Major Ueale I received the olfer of every
aid in ids power, and such adual assistance as lie was able to
render. Some horses which he had just recovered from th»3
Utahs were loaned to me, and he sui)plied me from tho commis-
sary's department with provisions which I couhl have had
nowhere else. I find myself in tho midst of fi-it-nds. With Carson is
living Owens, and Maxwell is at his father-in-law's, (hiing a veiy
prosperous business as a merchant and contractor for the troops.

*■'' Evening. Mr. St. Vrain and Aubrey, who have just arrived
from Santa Fe, called to see me. I had tlie pleasure to leai'u
that Mr. St. Vrain sots out from Santa Fd on the 15th of Febru-
ary, for St. Louis, so that by him I liave an early and certain
opportunity of sending you my letters. Ijcale left Santa Vv on
Ins journey to California on the 9th of this month. He probably
carried on with him any letters which might have been at Santa
Fe for me. I shall probably reach California with him or shortly
after hiin. Say to your father that these arc my phmn for tho
future.

LiFi: .\ND st:kvici:8 of John c. fremont.

" At tlio beginninj^ of February (about Saturday) I sball set
out for California, taking the southern route, by the Rio Ahajo
tiio ]*aso del Norte, and the south side of the Oila^ entering
California at the Agua Caliente, thence to Los Angeles and
iunnediately north, i shall break up my party here and take
\vith me only a few men. The survey has been uninterrupted
11 j) to this point, and I shall carry it on consecutively. As
soon as possible after reaching California I v/ill go on with
the survey of tli3 coast and coast country. Your father knows
that this is an object of great desire with me, and I trust it is
not too much to hope that he may obtain the countenance and
aid of the Presideni (whoever he maybe) in carrying it on efFec-
t'lally and rapidly to completion. For this I hope earnestly. I
shall then be enabled to draw up a map mid report on the whole
country, agreeably to our previous anticipations. All my other
plans remain cntirebj unaltered, I shall take immediate steps
to make ourselves a good home in California, and to have a
place ready for your reception, which I anticipate for April.
My hopes and wishes are more strongly than ever turned that
way.

^^ Mondai/, 29. My letter now assumes a journal form. No
news yet from the jiarty, — a great deal of failing weather; rain
and sleet here, and snow in the mountains. This is to be con-
sidered a poor country ; mountainous, with severe winters and
but little arable land. To the I'nited States it seems to me to
oiler little other value than the right of way. It is throughout
inl'ested with Indians, with whom in the course of the present
year the United Slates will be at war, as well as in the Oregon
Territory, To hold this country will occasion the government
great expense, and, certainly, one can see no source of prolit or
advantage in it. An additional regiment will be required for
special service here.

" Mr. vSt. Vrain dined with us to-day. Owens goes to Mis-
souri in April to get married, and thence by water to Cali-
fornia. Carson ]•: V(^i'y .nnxious in go there with me now, and

FOURTH EXPLORING EXPEDmON.

373

afterwards remove his family tliitiier, but he cannot decide to
break otVfrom Maxwell and family connections.

" I am anxiously waiting to hear from my party, in much un-
certainty as to their fate. My presence kept them together and
quiet, my absence may have had a bad elfect. When we over-
took King's starving party, l^rackenridge said that he ' would
rather have seen rae than his father.' He felt himself safe.

" Taos, New Mexico, February 6, 1849.

" After a long delay, which had wearied me to a point of re-
solving to set out again myself, tidings have at last reached mo
from my ill-fated party. Mr. Ilaler came in last night, having
the night before reached Red lliver settlement, with some three
or four others. Includinrr Mr. Kinff and Proue, we have lost
eleven of our party. Occurrences after l left them, are briefly
these, so for as they are within Ilaler's knowledge. I say brietly,
my dear Jessie, because now I am unwilling to force myself to
dwell upon particulars. I wish for a time to shut out those
thino-s from mv mind, to leave this country, and all thouu-lits
and all things connected with recent events, which have been
so signally disastrous as absolutely to astonish me with a p«M'sis-
tence of misfortune, which no precaution has been ade(iuate on
my part to avert.

*' You will remember that I had left the camp witli occupation
sufficient to employ them for three or tour days, after which they
were to follow me down the river. Within that time I had
expected the relief from King, if it was to come at all.

"They remained where I had left them seven days, and then
started down the river. Manuel — you will remember Manuel,
the Cosunme Indian — gave way to a feeling of tlespair after they
liad travelled about two miles, begged llaler to shoot him, and
then turned and made iiis way back to the camp; inteiuling to
die there, as he doubtless soon did. They followed our trail
down the river — twenty-two men they were in all. About ten
miles below tlie camp, Wise gave out, throw Mway his gun and

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LIFE AND 8EKVICES OF JOHN C. FREMONT.

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blanket, and a few hundred yards further fell over into the snow
and died. Two Indian boys, youni; men, countrymen of Manuel
were bcdiind. They rolled up AVise in his blanket, and buried
him in the snow on the river ^ iic. No more died that day —
non'^ the next. Carver raved during the night, his imagination
wholly occupied with images of many things which he fancied
himself eating. In the morning, he wandered off fro!n the
party, and probably soon died. They did not see him again.
Sorel on this day gave out, and laid down to die. They built
him a fire, and Morin, who was in a dying condition, and snow-
blind, remained. These two did not probably last till the next
morning. That evening, I think, Hubbard killed a deer. They
travelled on, getting here and there a grouse, but probably
nothing else, the snow having frightened oft' the game. Things
were desperate, and brought Haler to the determination of
breaking up the party, in order to prevent the?n from living
upon each other, lie told them ' that he had done all he could
for them, that they had no other hope renuiining than the
expected relief, and that their best plan was to scatter and make
the best of their way ir small parties down the river. That, for
his part, if he was to be eaten, he would, at all events, be found
travelling when he did die.' They accordingly separated.
With Mr. llaler continued five others and the two Indian boys.
Rohrer now became very despondent ; Haler encouraged him
bv recallino; to mind his familv, and urijed him to hold out a
little longer. On this day he fell behind, but promised to over-
take them at evening. Haler, Scott, Hubbard, and Martin
agreed that if any one of them should give out, the others wei'e
not to wait for him to die, but build a fire for him, and push on.
At night, Kern's mess encamped a few hundred yards from
Haler's, with the intention, aitcording to Taplin, to remain where
they were until the relief should come, and in the meantime to
live upon those who had died, and upon the weaker ones as they
should die. With the three Kerns were Cathcart, Andrews,
McKie, Steppf^rfelilt, and Taplin.

FOUBTH EXrLOKING EXPEDITION.

I'J

"Ferguson and Beadle had remained together behind. In
the evening, Rol'.rer came up and remained witli Kern'ss nibss.
Mr. Ilaler learned afterwards from that mess that Rohrer and
Andrews wandered otl" the next day and died. They say they
saw tiieir bodies. In the morning llaler's party oontinued on.
After a few hours, Hubbard gave out. They built him a fire,
gathered him some wood, and left him, without, as Ilaler says,
turning their heads to look at him as they went off. About
two miles further, Scott — you remember Scott — who used to
shoot birds for you at the frontier — gave out. They did the
same for him as for Hubbard, and continued on. In the after-
noon, the Indian boys went ahead, and before nightfall met
Godey with the relief. Ilaler heard and knew the guns which
he fired for liim at night, and starting early in the morning,
soon met him. I hear that they all cried together like children.
Haler turned back with Godey, and went with him to where
they had left Scott. He was still ?dive, and was saved. Hub-
bard was dead — still warm. From Kern's mess they learned
the death of Andrews and Rohrer, and a little above, met
Ferguson, who told them that Beadle had died the night
before.

*' Godey continued on with a few New Mexicans and pack
mules to brinof down the baijfraoe from the camp. Ilaler, with
Martin and Bacon, on foot, and bringing Scott on horseback,
have first arrived at the Red River settlement. Provisions and
horses for them to ride were left with the others, who preferred
to rest on the river until Godey came back. At tlie latest, they
they should all have reached Red River settlement last night,
and ought all to be here this evening. When Godey arrives, I
shall know from him all the circumstances sufficiently in detail
to enable me to understand clearly everything. But it will not
be necessary to tell you anything further. It has been sufficient
pain for you to read what I have already written.

" As I told you, I shall break up my party here. I have
engaged a Spaniard to furnish mules to take my little party

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376 LIFE AND SERVICES OF JOHN C. FREMONT.

with our baggage, as far down the Del Norte as Albuquerque.
To-morrow a friend sets out to purchase me a few mules, with
which ho is to meet me at Albuquerque, aiul thence [ continue
the journey on my own animals. My road wili take me
down the Del Norte, about 160 miles below Albuquerque
and then passes between this river and the heads of the
Gila, to a little Mexican town called, I think, Tusson. Thence
to the mouth of the Gila and across the Colorado, direct
to Agua Caliente, into California. I intend to make the
journey rapidly, and about the middle of March ; hope for
the great pleasure of hearing from home. I look for a. large
supply of newspapers and documents, more perhaps because
these things have a home look about them than on their own
account. When I think of you all, I feel a warm glow at my
heart, which renovates it like a good medicine, and I forget
painful feelings in strong hope for the future. We shall yet,
dearest wife, enjoy quiet and happiness together — these are
nearly one and the same to me now. I make frequently pleasant
pictures of the happy home wo are to have, and oftenest and
among the pleasantest of all I see, our library with its bright fii'o
in the rainy stormy days, and the large windows looking out
upon the sea iu the bright weather. I have it all planned in my
own mind. It is getting late now. La llarpe says that there
are two gods which are very dear to us, Hope and Sleep. My
homage shall be equally divided between them ; both make the
time pass lightly until I see you. So I go now to pay a willing
tribute to one with my heart full of the other."

On arriving at Sicorro, ho addressed the following
letter to Colonel Benton :

LETTER FROM COL. FREMONT TO COL. BENTON.

SocoRuo, Rio del Norte, February 24, 1S49.

My Dear Sir : I write a lire from this place in the hope that
by way of Chihuahua and Vera Cruz, it will reach you sooner

ce the

Wing

FOURTH EXPLORING EXPEDITION.

• > < I

than letters by tlm direct mail from Santa F(5, and so ho in
advance of exaggerated reports of the events which have
delayed my journey, and turned mo in this direction. Letters
which I have forwarded by Mr. St. Vrain, will inform you that
we were overtaken and surrounded by deep and impracticable
snows in the Kocky Mountains at the head of the Del Norte.
AVe lost all our animals and ten men, the mules frozen, and the
men starved to death. Prone only excepted. He was frozen.
The miscarriage of an express party, sent in under Mr. King, was
a secondary cause of our greatest calamity in the loss of our men.
In six days after leaving my camp in the mountains, I over-
took his party, they having been out t'.venty-two days, and King
having been starved to death. In four days afterwards I reached
the settlements, in time to save many, but too laie to rescue all
the men. Relief was immediatelv sent back, but did not meet
them in time to save all. An attempt, made with fresh animals,
to get our baggage out of tlie snow, failed entirely, resulting
only in the loss of ten or twelve animals more. On the main
river bott-^ms at the foot of the mountains, the snow was five
feet deep, and in the mountains impassable. Camp furniture of
all descriptions, saddles, pack-saddles, &c., clothes, money, &c.,
all lost. I had the good fortune to recover one of my baggage
trunks, which Jessie will remember to have packed for me, and
so saved some clothes, &c. My instruments, which I always
carry with rae, were in greater part saved.

"The officers of the army stationed in the country have been
uniformly prompt and liberal in their attentions to mo, offering
me all the assistance in their p^wer. In this countrv, where
supplies are scarce and extravagantly high, this assistance was
of great value to mo in prosecuting my journey. Among those
whom I ought particularly to mention is Major Beale, who is in
command of the Northern District, Capt. Judd, Lieut. Thomas,
Dr. Webb, and Capt. liuford. I mention their names particu-
larly, knowing that you will take pleasure in reciprocating it to
them. Colonel Washington desired me to call on him wi^^'m^t

378

LIFE AND SKKVICK8 OF JOHN C. FRICMOXT.

i'! 1

reserve for anything at his command. He invited nie to dine
witii him one out of the two days I spent at Sante Fe, and dined
v/ith me at the ofticers' quarters on the other. Major Weijj^ht-
man (of Washington, son-indaw of Mr. Cox) was very friendly
in his attentions to me, and Capt. Brent, of tlie quartermaster's
deputy, gave me some most eft'ectiv* aid in my equipment.
Among the citizens who have treated mo with some attention, I
make it a duty to recommend to your attention, wlien you may
meet him, our fellovr-citizen of St. Louis, Mr. F. X. Aubry. You
will renunnber him as havincf lately made an extraordinary ride
from Sante F6 to Independence. We have been travelling
together from Santa ¥6 to this place. Among other acts
of kindness, I received from him a loan of $1000, to purchase
animals for my journey to California.

" I reached this town at half-past eight o'clock this morning,
by appointment to breakfast. Capt. Bufon^, who commands
here, received me with much kindness, and I am staying with
him. This is a militp.ry post, and with the exception of a little
village or two, a few miles below, the last settlement we see
until reaching Tusson, even should we pass by that route. Wo
go on tliis afternoon, and perhaps reach California in twenty-live
days. The weather here is warm, and the people engaged in
opening the ground for sowing. I will write a brief note to
Jessie, and conclude this, as I shall be much pressed to get
through the business set apart for this day.

" Very affectionately,

" J. C. Fremont.
" Hon, Thomas H. Benton, Washington City."

\i i:

■t

MAHirOSAS.

3T0

CHAPTER Xiy.

FREMONT SETTLES IN MARIPOSAS CAUSE OF INDIAN HOSTI-
LITIES — TITLE TO MAliirOSAS ORIGINAL DEED OF THE

ESTATE — ^TITLE QUESTIONED AND RESISTED BY CALEB
CUSHING — CONFIRMED BY THE U. S. SUPRIOME COURT
OPINION OF CHIEF JUSTICE TANEY — RECEIVES THE AP-
POINTMENT OF MEXICAN BOUNDARY COMMISSIONER — HIS
MAGNANIMITY TO COL. WELLER — FIRST POLITICAL LE'lTER
^ELECTED TO THE UNITED STATES SENATE.

Col. Fremont had arrived in California witli the
intention of making it his future home. By a judicious
investment of about $3,000 in 1817, he luid hecome
the proprietor of one of the most valuable tracts
of land, for its size, in the world, the Mariposas, and
it was his fixed intention to devote all his energies to
the development of its mineral and agricultural re-
sources.

The Mariposas Estate lies about two hundred and
twenty -five miles north of San Francisco, in a basin of
the mountain on the north flank of the Sierra Xevada.
It covers an area of about seventy square miles. Through
it run the two main gold bearing ledges of California,
and it is watered by two fine streams through its entire
length, the Agua Fria and the Mariposas, both of which

380

IJFE AND SERVICKS OF JOT FN 0. FREMONT.

iKi

1^ ■
■

I' '

It ''■

''If li
ii

^Jit.

liftvc their rise in Mount Bull ion, thus very approi)n-
ately named, out of conii)linient to Coh Benton. Tiio
mountains in the rear, of granite, run up into lofty i)cak8
wliicli are covered witli eternal snow, and about twenty
miles from the borders of the estate is a waterfall 2300
feet high, the highest we believe in the world. Tho
valley of the Mariposas was the favorite hunting ground
of one of the bravest and most warlike tribes of Indians
on the Pacific coast, the Chauchiles, and when Col. Fre-
mont first parsed through it on his third expedition, our
readers will remGnil)er that he had an alarm from them,
and six men belonging to another party encamped in
the neighborhood, were killed the same night. Since
then they have given a great deal of trouble to tho
whites who have visited the estate, whom as a race they
look upon with justifiable suspicion. In 1851 a regi-
ment under the comnumd of Col. Johnson, was sent up
into the Mariposa to punish this tribe for some murders
which they had committed, and the colonel is reported
to have said that he never knew an India:! war that was
not occasioned by the brutality of the whites, and attri-
buted the one in which he was engaged to the same
cause. - The editor of the California Coiiricr, who was
with him, confirmed the colonel's impressions by tho
following story :

¥. 1

" Four Creeks, a long way up in the Mariposa mountains, is an
excelknt farming and grazing countiy. There the waters aro
as brijfht as moonbeams, and come down from the mountain
springs as cool as the sheeted snow. Pine trees,' six or eight
feet through, run up as straight as an arrow, two hundred to the
sky, and the wide-spreading oak will shelter a whole tribe under
its branches. Although the hills aro covered with heavy snows,

FRKMONT 8 TITLE TO MAKH'OSAS.

SSI

was

ttri-

;aine

was

tho

IS an
aro
ntaiu
eight
.0 the
inder
lows.

the temperature of the vijlleys is as mild as tliusc of Switzerlatnl,
the streams are full of salmon, and the crimson clover fills the
whole air with a sweet perfume. It is the Indian's I'aradiso in
California, and the Mexican j)opulation have never molested them
in it. At Four Creeks, was a magnificent oak — the king oak of
tlie mountain. It was a sacred tree to the Indians. Under lis
branches they held their councils, and worshipped the (Ireat
Spirit. Here, also, they buried their chief'-' and wise men. It
had always been respected by the immigrants, until some two
months since when a cattle dealer drove a large number of oxen
up from "Walker's Tass to the Indian village. He was treated
with the greatest kindness by the natives, and they olfered to
assist him to ' con'al ' his beasts. But the old man took a fancy
to build his ''corraV around the old oak. He was told its sjicred
character, and remonstrated with, but to no purpose. He had
made up his mind that his cattle should sleep in the Indian
churcli, and he ' would be d — d if they shouldn't.' Well, the
red men got out their arrows, and at night killed tho old man
and his herdsmen, and drove off liis cattle. AVho can blame
them ? This wanton act has already caused the death of seores
of Americans, and God only knows how many more victims
must fall, before their rage can be satiated."

Col. Fremont purchased this property under a Mexi-
can title, after California became a territory of the
United States, arid as his rii^hts thus acquired have been
the subject of a long and expensive litigation, only
brought to a Unal close within the last year, and as the
magnitude and singularity of the estate have given it
already an historical importance, we may venture to
give a brief history of his title, and of the struggles he
has had to maintain it.

In 18-ii, Manuel Micheltorrcna, then governor and
commandant general, issued a grant of what is nov/

';'

382

LIFK AND SF.UVfCKS OF .lolIX C. FREMONT.

known jis tlio IVFariposjis property, to Jnjin Alvarado, pur-
porting to he t'onndcMl upon the patriotic services of Alva-
rudo, who liad heen eonspicuons in tlio commotions in
California whicli resuUed from tlie centralizini^ policy ot'
Mexico, out of which i^rew tlie Texas revolution, an<l was
afterwards a])pointed governor hy the provincial dei)U-
tation. In 1837, be repelled tlie eftort of Cavallo who
had been appointed governor hy Mexico, to take posses-
sion of the government, and was afterwards contirmed as
governor of California hy the constitutional authorities
of Mexico, lie continued in that otHce until Michel-
torrcna was appointed to succeed him, and lie was
appointed iirst counsellor of the departmental junta with
a salary of $1,500. For theso services the following
grant was made :

"Whereas, Don Juan B. Alvarado, colonel of the iuixilimy
militia of this dej)aitiiu,Mit, ia worthy for his patriotic services, to
be preferred in his pretension for his personal benefit and that
of his family, for the ti act of land known by the name of the
Mariposas, to the extent of ten square leagues (sitior do ganado
mayor), wiUiin the limits of the Snow Mountain (Sierra Nevada)
and the rivers known by the names of the (Jhauchiiles, of the
Mereed, and the San Joaquin, the necessary requirements,
according to the provisions of the laws and regulations, having
been previously complied with, by virtue of the authority in me
vested, in the name of the Mexican nation, I have granted to
him the aforesaid tract, declaring the same by tliese presents his
property in fee, subject to the approbation of the Most Excellent
the Deiwrtmental Assembly, and to the following conditions :

"'1. He shall not sell, alienate, or mortgage the same, nor
subject it to taxes, entail, or any other incumbrance.

" ' 2. He may inclose it without obstructing the crossings, the
roads, or the right of way ; lie shall enjoy the same freely and

OKIGINAL DKKD OF MAKIl'oSAS.

383

without hiiidraiico, <l«'stinlng it to sudi use or cultivation ns
niHV most suit him, but ho shall huild n house within u yeur, and
it siiall 1)0 iidialtited.

3. He sh

)li(tit, from tli

■<tratc, th

le Riiaii solicit, trom the proper macfistratc, tne juilicial
j»ossession of the same, by virtue of this patent, by wh»jin the
boundaries shall be marked out, on the limits of which lie (the
grantee) sliall place the i)roper landmarks.

"'4. Tiie tracdc of land granted is ten sitios do jjanado mavor,
(ten s<puxre leaj^ues), as before mentioned. I'he magistrate who
may give the possession shall cause the same to be surveyed
according to the ordinance, the surplus remaining to the nation
for the proper uses.

"' 5. Should lie violate the conditions, ho will lose his right
to the land, and it will be subject to being denounced by
another.

"'Therefore, T command that these presents being firm and
binding, that the same be registered in the proper book, and
delivered to the party interested, for his security and other pur-
poses.

" ' Given in Monterey, this 20th day of the month of Febru-
ary, in the year of 1844.

" ' Manukl Micheltorrena.

" ' Manuel Timeno, Secretary^

} ?»

On the 10th of February, 1847, Alvarado executed a
deed of the property as described in liis own grant to
Colonel Fremont, with a general warranty of title. The
consideration stated in the conveyance was $3,000. On
the 21st of January, 1852, he tiled his claim before tlie
commissioners appointed to ascertain and settle the
private land claims in the State of California, and in
Deceniher, 1852, the grant was confirmed. On the 20tii
of September, 1853, there was fik'd in the office of the
commissioners, a notice from ^fr. Attoi'my-General

381

Ub'K AND BKKVICKH OF JOHN C. J-UKMoNT.

■I-

Cusliiii^, tluit ail appojil frotn the doc'iHion of tlic (/otu-
mis.siont'i'ri to lliu District Court of tlio United Sljitort
would 1)0 pntsociited, and i.. coiisiMjueiice of that apimul
tlicj (U'ciHioii of tli(^ coiMiiiiKHionors was revolted on tli(5
7tli of January, 1854. An a})i)('al was taken from that
docisioti hy Col. Frcniont to tlic Supremo Court of the
United States. The cane was argued on the part of
Col. Freihont by Wm. Carey JoneH, Mr. Jiihb and Mr.
Crittenden r, on the ])art of the f^overnment hy Caleb
Cushin<i^, Aitorney-(ieneral. The grounds taken against
the title by the government were as follows:

" 1. That Fremont's claim is on a tfratiiitous oolonization ^THiit
hy tlio Mexican frovernor of C.'ilitbrnia to ono Alvarado, of which
there had been no surveys, no plan, no occupation, no site even,
no confu'mation by the proper public authority, no [)ertbrmance
of any of the conditions precedent or subsequent aimexed to the
Ljrant.

*' 2. That the concession to Alvarado was null for uncertainty
of dcscri[)tion and inciij»ability of delinite location.

"3. That the concession was not confirmed by the depart-
mental Assembly, and was not therefore entitled to confirmation
by the United Stales C?ourts.

" 4. That the grant was void because the conditions annexed
Lad never been performed.

" 0. That until the governor-general confinned the concession
the title remained in the crown.

" G. That none of the excuses for non-performanco alleged in
Alvarado's behalf possessed legal force.

" 1. That the grant to Alvarado was a gratuitous ono except
in so far as the performance of the conditions would relate back
to constitute a consideration.

" 8. That the original petition, the provisional grant and the
drcree of the Coiniuissionors, each assumed a floating claim not
R^ a oTaiit of an identi 'il tract of land by metes and boun<ls.

OPINION OF CIIIKF JnaTICF: TANET.

ns5

Tlio Supreme Court took a different view of tlio case
from Mr. Ciisiiin^; reversed the deeision of tlie District
Court of California, and eoiiiirmed Col. Fremont's titlfi
in every i)artieular. Chief Justice Taney »lelivered the
oi)inion of the Court, in the course (»f which, wliiie
hpeakin^ of the provision a<^ainst alienation attached to
Alvarado's ^rant, and which, he said, was vend, as Ixmiil'
in violation of a decree of the Mexican Congress, lu!
observes :^

" But if this condition was valid by the laws of Mexico, and
if any convoyunctt made by Alvarado would have forfeited the
land under the Mexican government as a breach of this condi-
tion, or if it would have heen forfeited by a conveyance to an
alien, it does not by any means follow that the same penalty
would have been incurred by the conveyance to Fremont.

"California was at that time in possession of the Atnerican
forces, and held by the Unit(;d States as a con((uered coimtry,
subject to the authority of the American government. The
Mexican municipal laws, which were then administered, were
administered under the authority of the United States, and
might be repealed or abrogated at their pleasure ; and any
Mexican law inconsistent with the rights of the Utiited States,
or its public policy, or with the rights of its citizens, wtv^
annulled hy the conquest. Now, there is no principle of public
law which prohibits the citizen of a conquering country from
purchasing property, real or personal, in the territory thus
acquired and held, nor is there anything in the principles of
our government, in its policy or in its laws, which forfeits it.
The Mexican government, if it had regained the power, and it
had been its policy to prevent the alienation of real estate,
might have treated the sale by Alvarado as a violation of its
laws ; but it becomes a very different question when the Ame-

* Howard's United States Supreme Court Reports, vol. xvii., pp. ofi-t-5.

386

LIFE AND eERVICES OF JOHN C. FREMONT.

J;.'

ill

\u ^

rican government is called on to exeoi'te the Mexican law. And
it can hardly be niainlaiiied that an American citizen, who
makes a contract or purchases property nnder such circnni-
stances, can be punished in a court of the United States with the
penalty of forfeiture, when there is no hiw of Congrt-as to intlic^t
it. Tiic ])urciiase was poifectly consistent with the rights and
duties of Colonel Freniont, as an American ollicer an<l an Ame-
rican citizen ; and tlie country in which he made the purchase
was, at the time, subject to the authority and dominion of the
United States. ******
" Upon the wliole, it is the opinion of tlie court that the
claim of the petitioner is valid, and ought to be confirmed. The
decree of the distiict court must, therefore, be reversed, and the
case lemandcd, with directions to the district court to enter a
decree conformably to this opinion."

Mariposas abounds in gold, and when Col. Freniont first
passed over it, lie and his party picked np large quan-
tities lying upon the surface of the soil. It is also said
to be the easiest placer to work in all California, with
resources which cannot be exhausted in centuries.
Guided by the information which he had acquired from
])ersoiuil inspection, and from the letter, of liis agents,
he brouglit with him when he readied California this
year — 1840 — a company of Spaniards, some twenty-
eight in number, who joined him in Sonora, and with
whom he contracted for the digging of gold on his
estate upon shares. lie was to provision them, and
they were to divide the gold they found equally with
hitn. This arrangement proved entirely satisfactory
and very profitable. The Sonoranians were all respect-
able Spaniards — many of them already wealthy — and
in their transactions with him, strictly honorable. He
readily fulfilled his part of the contract by occasionally

APPOINTED U. 8. COMMISSIONER.

38T

And

sending men into the south for cattle, which they drove
on to the estate, and pastured there until they were
wanted.

It was while thus agreeably and profitably employed
in developing tlie resources of his nnagniticent estate,
and rapidly })roviding for himself and family a pecuni-
ary independence, that he received from President
Taylor the appointment of commissioner to run the
boundary line between the United States and Mexico,
in place of John B. Weller, of Ohio, who had then
but recently been appointed to that office by President
Polk.

Col. Fremont determined to accept the office without
hesitation, for he had reason to look upon it as a veiy
friendly and unequiv cal expression of General Taylor's
disapproval of the verdict of the court-martial which
had dismissed him from the army a few montlis pre-
viously, lie had the less hesitation in accepting it,
because he had been politically identified with the
party which had opposed General Taylor's election to the
presidency, a fact which, while it heightened the com-
pliment on the one hand, on the other increased in a
corresponding degree the difficulty of declining it with-
out appeai'ing insensible to the generous motives of its
author. lie promptly waited upon Mr. Weller, when
he was in Monterey trying to borrow some money for
the uses of the commission ; informed him of what had
occurred, and signified his intention to accept the place,
(it being well understood by both that whether he
accepted' or not, Mr. Wellpr would not be retained) and
wished to know when it would be most aijrreeable to
Mr. W. to be relieved. Mr. AVeller informed him that
the affairs of the commission were in orreat confusion

■s

# -^

388

LIFE AND SERVICES OF JOHN C. FREMONT.

I :

t. :

1 /(.

for want of funds, and that he would prefer to wait
until he could get the funds he was in quest of, and
return to San Diego, where he would arrange his
affairs as soon as possible. Col. Fremont begged him
to take his own time. Afterwards, Col. Weller having
entirely fa'^ed in all his plans for raising the mon(;y
that he required. Col. Fremont endorsed his drafts for
liim, and got them cashed, a kindness afterwards very
ill-requited. We are thus particular in mentioning
these details, because Col. Fremont's acceptance was
subsequently used to prejudice him with the people of
California, who had already determined to send him to
"Washington as one of their first senators. Without
attempting the ungracious task of tracing the calumni-
ous reports in regard to this appointment to their
fountain., it is enough for our present purpose to say
that they reached the ears of Col. Fremont's friends,
who promptly took the proper means of ascertaining
and exposing their falsity.

The following correspondence was the result. Mr.
Snyder's letter was answered the night it was received,
and Col. Fremont's reply was the first political letter he
had ever written. It was in every respect worthy of
the pen of an experienced statesman.

i Hi

LETTER FROM JACOB R. SNYDER TO COL. FREMONT.

San Francisco, Deo. 11th, 1849.

Dear Sir: Your name has been long before the people of
California as a candidate for the U. S. Senate. As an okl
resident of California, and a personal friend of long standing, I
feel the deepest interest in your election, and take the liberty of
asking of you information on certain points which I discover to
be much agitated by some who are not your friends. Are you

.!■!

WELLER CORRESPONDENCE.

389

a believer in the distinctive tenets of the democratic party?
What are your viewf> in relation to an overland communication
by railroad or oth rwise, from the Pacific to the Atlantic and
through the territoi/ of the United States? What is the true
history and real nature of your title to a certain tract of land
which you are said to claim on the Mariposa River? What
have you done, and what do you propose to do, to establish
that claim ?

"What has been vour course in reference to a commission
which you are said to have received to run the boundary line
called for by the late treaty with Mexico? Was that appoint-
ment solicited by yourself or your friends, and have you
accepted it ? and if not, how long did you hold it under consid-
eration ?

What was the real nature of the transaction with D. Eulop^io
de Celis, concernk);:^ which, certain publications were sometime
since made in the newspapers of this place and of some of the
Eastern States? On all of these matters I would respectfully
submit that as full an answer as this short notice will allow, is
due to your friends and supporters, and that in regard to your
political principles, a declaration would come from you with
peculiar fitness, seeing that your occupations, honorable as they
have been, and serviceable to your country, have not been of a
character to call for an expression of your opinions on matters
of government, and that your friends, though well persuaded
themselves of your soundness, are yet daily met with the ques-
tion, 'how do you know that Mr. Fremont is a democrat, and how
long has he been one V " Yours, &c.,

"Jacob R. Snyder.
"J. C. Fremont, Esq."

REPLY OF COL. FREMONT.

"San Francisco, Deo. l\th,1M0.

" My Deaf Sir : I have the pleasure to acknowledge the
receipt of your letter to-day, and to make you my kind thanks for

#' . '-^

vi • : i

390

LIFE AND SERVICES OF JOHN 0. FREMONT.

the gratification I find in being called to make some reply to the
vague accusations in circulation against me. I presume that it will
be a sufficient answer to your first question, simply to state, that
by association, feeling, principle and education, I am thoroughly
a democrat ; and without entering into any discussion of the
question at issue between the two great parties, I have only
further to say, that I adhere m the great principles of the demo-
cratic party as they are understood on this and the otiier side of
the continent. 1 am strongly in favor of a central, national rail-
road from the Mississippi River to the Pacific Ocean. Recent
events have converted the vague desire for that work into an
organized movement throughout the great body of our fellow,
citizens in the United States, and in common with them, T am
warmly in favor of its immediate location and speediest possible
construction. lis stupendous magnitude — the immense benefit
which it will confer upon our whole country — ♦lie changes which
it will operate throughout the Pacific Ocean and easterii Asia —
commingling together the European, American, and Asiatic
races — spreading indefinitely religious, social and political im-
provement — characterize it as the greatest enterprise of the age,
and a great question proposed for the solution of the American
people. There never has been presented an enterprise so calcu-
lated to draw together in its support all classes of society ; and
the perpetual and always increasing benefits which it will confer
upon the human race in addition to the weighty national consi-
derations, military, political, and commercial, which more imme-
diately concerns us, call upon us for immediate and efficient
action. Ardently in favor of the work, it follows of course that
I am entirely satisfied of its practicability and believe fully in its
ultimate and speedy construction. Many years of labor and ex-
ploration of the interior of our continent, and along a great part
of the way the road will necessarily pass, have conclusively satis-
fied me not only of its entire practicability, but of extraordinary
advantages offered for its construction. A late journey across
the continent from the frontier of Missouri was solely directed to

f i

i \

[

WELLKR COREKSPONDENCE.

391

ply to the
hat it will
tate, tfiat
orounrhly
n of the
five only
le demo-
f side of
>nal rail-
Recent
into an
r fellow,
fn, I am
possible
benefit
s which
Asia —

Asiatic
-;al iiu-

he ace,
leriean
calcu-
y; and
confer
consi-
imme-
ficient
e that
in its
id ex-
; part
satis-
nary
liross
id to

an examination of the country in reference to the railroad com-
munication, and was undertaken in the season of winter in order
that all the obstacles which could exist to the construction of the
road might be known and fully determined. The result was en-
tirely satisfactory. It convin(;ed me that neither the snow of
winter nor the mountain ranges were obstacles in the wav of
the road, and furnished me with a far better line than any I li.-id
pvpviously known. From the frontier of Missouri along the liii<*
of the Kansas River, 400 miles of rich wooded countrv, well
adapted to settlement — by the upper waters of the Arkansas
into and through the rugged mountains in which thev rise, to
the valley which lies around the head waters of the great Del
Norte — the profile of the route presents a regularly ascending
plain, without a perceptible inequality to break the uniformity
of its surface. Lying between the 28th and 29th parallels of
latitude, commencino; on the frontier of Missouri at the 39th
and ending in the Del Norte valley at the 38th — the route j)re-
sents a comparatively straight line, running for a greater part of
the way through a country capable of settlement, and cultivation,
and passing through the Arkansas chain (one of the most rugged
in all the Rocky Mountain ranges), by a pass of imperceptible
grade, and in every respect one of the best with which we are
acquainted in those difficult mountains. Beyond the Del Noi-te
that region yet remains to be explored, well ktiown from reliable
information to atlbrd through the mountains which separate the
valley of the Del Norte and Colorado, an excellent pass, travelled
by the Mexicans at all seasons of the year, which gives every
reason for believing that the character of the country is equally
favorable. Its further progress would carry it by the southern
extremity of the country now occupied by the people of De-
seret, and thence by the line of the Humboldt River around into
the head of the lower Sacramento valley, by a pass in the Sierra
Nevada, but little above the general level of the great basin.
Such a location would be entirely central, passing by the nor-
thern edge of the Mexican settlements, goin/j ihrough tho

392

IJFE AND SERVICES OF JOHN C. TKEMONT.

1 'i

il 'i

southern part of Mormon — and branching into Oregon from the
confines of California.

*' Some montiis since, in conversation with Gen. Smith, I liad
the honor to propose this j)hin for tiie location of the road, [
further indicated to him the existence of this favorable way and
pass from the Ilmnboldt River into the head of the lower Sa(;ra-
menlo valley. Gen. Smith decided immediately to send an
exploring party to examine the route, and requested me to send
him a letter recapitulating the information, in order, as he had
the kindness to say, that any credit which might hereafter
belong to the origin of the line, should inure to me. The expe-
dition was immediately sent, and although it terminated in the
death of the gallant ofKcer who commanded it, I am informed
that his. journal and sketches fully establish, so far as ho went,
the practicability of the road. You are aware that among the
indefinite objections which have been raised against me, are
some of a sectional character. Such objections I think may
be fairly met with the statement above.

" The ' Mariposa claim ' is a tract of land ten leagues in
extent lying upon a ci-eek of the same name in the San Joaquin
valley. It was purchased for me by Mr. Larkin in the beginning
of 1847, and during my absence with the battalion in the south,
from D. Juan B. Alvarado, to whom it had been granted in
consideration of his public services. Mr. Larkin paid for it
$3,000. I have never seen the place, and know nothing of its
character or value. The purchase was made before California
was ceded to the United »States, and long before any gold had
been discovered. I had always intended to make my home in
the country if possible, and for this purpose desired a foothold
in it. On my return to the country in the present year I visitod
the place in company with Dr. Corrie, Mr. Reid, and several
other gentlemen, and for the first time saw the laud. Two-thirds
are adapted only to farming ; on the other third gold was discov-
ered, and we went to work to dig it out. So soon as it was
known that we were there, hundreds — soon becoming thousands

WELLER CORRESPONDENCK.

393

from the

th, I J|;ul
5 road, [
way ancj
!'■ Sa(;ra-
send an
to send
5 he had
ereafter
e expe-

I in the
Conned
> vvent,
iig the
le, are

^ may

les in
.'iquin

II ni nor
outh,
h1 in
or it
'f its
►rnia
Jiad

3 in

lold

itod

3ral

rds

ov-

I'as

ids

— crowded to the satiio place, and to tliis day from two to tliree
thousand persons have been rcLjuIarly employed. They have
worked them freely; no one has ever od'ered thcin the slightest
impediment, nor have I myself, ever expresed to anv one cr
entertained an intention of interfering with the free working of
tlie mines at that place. I regard the claim to the Mariposa in
the same light as any other vested right. It was a purcliaso
fairly made, and I have always supposed that at some future time
the validity of the claim would be settled by the proper courts.
I am satisfied to await that decision, whether it be favorable or
otherwise, and in the meantime to leave tlie gold, as it is now,
free lo all who have the industry to collect it.

" I was at San Josd, when I had the honor to receive from
President Taylor, by the hands of Dr. IJeale, the commission to
run the boundary line with Mexico. I regarded that commission
as a disavowal on the part of the President of the procee<lings
recently held against me. Respect to the President, together
with a full appreciation of the consideration which had induced
him to make the appointment, did not, in my judgment, permit
me to decline, and I accordingly accepted the commission, with
the intention which I then expressed to Mr. Beale and others
sliortly afterwards to resign. I immediately went to San Fran-
cisco, where I had been informed Col. Weller had arrived, ile
had left that place and I shortly afterwards joined him at Mon-
terey. The Secretary of State had made me the bearer of the
letter which superseded Col. Weller. To present it was a dis-
agreeable office, and from motives of delicacy I did not immedi-
ately present him the letter, but waited until I was about to
leave the town. I then called upon Col. Weller, in order to
ascertain from him, at what time and place it would be most
agreeable to him, that T should relieve him. I learnt that the
object of his journey to San Francisco had been to procure funds
with which to discharge the liabilities of the government to liis
jarty ; and that it would bes'. suit his purposes to obtain the
necessarv sum, return to San Djpnfo, and be relieved by me at

391

LIFE AND SERVICES OF JOHN 0. FKEMONT.

^t;^ I

that place. I then informed him that my instructions left me nt
liberty to relieve when I should be ready to do so, and that
accordingly he might proceed to San Francisco, and it was
agreed, tliat if Col. VVeller did not succeed in obtaining money
from Gen. Riley, to whom he intended to apply, an express
should be forwarded to me, and the money obtained at San Fran-
cisco and brousxht down bv me in the steamer.

*' On the eve of leaving San Francisco and too late to negoti-
ate drafts, T received an express infomiing me that Gen. Riley
had declined furnishing the mur.ey. When the steamer reached
Monterey, I found Col. Weller on the landing, ready to embark
for San Diego, and fully expecting to receive the money ; under-
Btanding the embarrassment of his situation, I oftered, if ho
determined to go on to San Diego, that I would return to San
Francisco, to procure the money and bring or send it to him. '

" I had, in the mean time, resigned my appointment, informing
the secretary that I should withhold the letter relieving Mr.
Weller, and leave the department at liberty to make its own

arrangements.

" It had become unnecessary for me to go to San Diego in the
public service, and the management of my private affairs did not
otherwise leave me the necessary time. I suppose that Col.
Weller was not detained at San Diego, as he returned to this
place as soon as could be expected after the receipt of the money.
This is a brief statement of the course I have pursued. It was
dictated altogether by a disposition to promote the interests of
Col. Weller, and to make my concern in his removal as little un-
pleasant as possible. The office was never sought after by me,
never expected by me, and never sought or expected by any of
mv friends for me.

" In re))ly to your inquiry for information regarding the " real
nature of the transaction with D. Eulogio de Cells,' I have to
state, that, at a time when the troops under my command were
destitute of provisions, and we were able to procure them only
in small and (Ifsnltory supplif'«!, on a precai-ious credit, Major

WELLER CORKESrONDENCE.

305

Samuel Hensley, then commissary for the battalion, called upon
me with an oi Vr from Mr. Ceiis, which I was glad to accept
immediately. The offer was to furnish me with 600 head of
cattle, at ten dollars per head, and a loan of $2,500, payable all
in six months, with the usual interest, if not paid at that time,
we were to return him the hides as the cattle were killed, and
the difference in price of the cattle (§8 beini,' the cash pi ice
then), being a bonus for the loan and for the relief afforded by
the provisions. D. Andres Pico was charged to bring the cattle
from San Louis Obispo to Los Angeles. In the interval of his
absence, General Kearney issued his proctlamation, takmg out of
my hands the partial direction of affairs which I had retained,
and destroying the confidence which the people of the South had
been disposed to place in me. Desirous to know for the satisfac-
tion of those to whom I was indebted, how far Gen. Kearney
designed to fulfill my contracts previously made, I immediate It/
visited him for that purpose at Monterey. As I have already
asserted, on my trial before the court martial at Washington, he
refused to assume any responsibility or to fulfill any contract. I
immediately returned to Los Angeles, and made known his reply
to Mr. Celis, Mr. Cot, D. Andres Pico, and other gentlemen then
at that place. D. Andres Pico had, in the meantime, brought a
portion of the cattle (between 400 and 500 I believe), to the
mission of San Fernando, near Los Angeles, where they were
waiting to be delivered — what disposition should be made of the
cattle was for some days a subject of discussion between Mr.
Celis, D. Andres Pico, Major Hensley, and myself. It was at
first proposed to leave the cattle with D. Andres ; but agreeably
to the suggestion of Major Hensley, it was decided to place them
with Mr. Stearns, as a security both to Celis and to the govern-
me!it, until we should be able to know what course would by
pursued by the government. They were to be kept by Mr.
Stearns on the terms usually allowed for keeping cattle, viz. : one
half the increase, and they were not placed in his hand for any
fixed time, but only to await the action of the government.

»;

39G

LIFK AND SKRVICES OF JOUN 0. FliEMONT.

"It had l)oen made a matter of chaiQ^e against mo, that I rrave
to Mr. Celis a full receipt for the delivery of all the cattle, when
I h;id received only a part. I had the riijht to do so. I haii the
right to coinj)lefe my own contracts, wiien others, whoso duty it
was to resume them, endeavored rather to invalidate them. As
Mr. Celis liad had sullicient contidence in mo to advance me
money, and I was under order to leave the country immediately^
I chose to have sufticient confidence in him to give him a receipt
for all the cattle, and to bind the government to iiim, so far as I
possibly coidd. These cattle were all delivered as soon as they
could be brouoht to Los Amxeles,

"Since my return to this country I have received a number of
afiidavits to all the occurrences of the forgoing transaction, from
Mr. Wilson, Mr. Temple, and other gentlemen, citizens of Los
Angeles. These, with some other papers, were designed for
another occasion, and are now at Monterey, but they shall be
published as soon as I can conveniently do so. Mr. Celis is now
in this city. I have tlius, my dear sir, briefly and hurriedly
answered your several inquiries ; I should have been better satis-
fied if there had been time sufficient to give to each particular
point a well-digested reply, but I trust that they may answer the
present purpose of removing some erroneous impressions ; and in
any event, I beg you to receive my thanks for the kindness of
the motive which dictated y ur letter, and which, in every way
is consistent with the same friendly spirit which has always
influenced your conduct to me.

" With respect and regard, I aur yours truly,

"J. C. Fremont.
" J. R. Snyder, Esq."

This letter put an end to any further talk about Mr.
Weller's commissionersliip, and at once placed him in
the front rank of the candidates for the United States
Senate from California, under the new constitution wiiicli
had just been adopted by her pc;)plo. Ten days after

;■'»■

KLKCIKD UNITKD 8TATK8 SENATOR.

397

[ONT.

lies
ich
'ter

the date of his letter the new legislature assemhled at
San JoBo the neat of government, and iinniediately after
the inauguration of the new governor, Ihirnett, j)roeeeded
to an ek'etion of United States senators. Fremont was
eleeted on the tirst ballot hy tseven majority.*

This election, so flattering to a young nuii\ not yet
thirty-seven years of age, and presenting such alluring
prospects of political distinction, he felt it his duly
to accept, although fully aware that it was certain to
derange, perhaps for ever, the acceptable scheme of lifo
ho had marked out for himself. In yielding, however,
he was influenced more by the solicitations of friends
and a desire to testify his gratitude for their kindness,
than by any personal conviction of the wisdom or pru-
dence of his course.

* The following was the result of the first ballot.

John 0. Fremont, .... 29

Wm. W. Gwin, .... 22

H. W. Walleck, .... 14

T. Butler King 10

Geary, .... 5

Scmple, .... 8

Henley, .... 9

Gwin was also elected on the third ballot by a majority of two votes.

# ^

398

LIFK AND 8ERVICE8 OF JOHN 0. FBKMONT.

CHAPTER XV.

8AIL8 FOR WA9HIN0T0N A9 UNITED STATES SENATOR —

TAKES THE CHA0RE8 FEVER LETTER TO THE PHII-A-

DELl'HIA PACHTO RAILROAD CONVEVTION.

1 1,1

The prompt action of the legislature of California in
clioosinf^ their senators, resulted mainly from a desire
to have the benefit of their services as early as possible
in Washington, where the question upon the admission
of California into the Union as a State, was under con-
sideration. No time was lost, therefore, by Colonel
Fremont in repairing to his new post of duty. He
sailed from San Francisco with his family, in the
steamer that bore the news of his election, to the Atlan-
tic States, in order that the country which he had
explored, conquered, and adopted for his home, and
which had rewarded him by an election to the highest
office in its gift, should come as soon as possible into the
enjoyment of all the political rights of a sovereign State
of the Republic. He was detained on the Isthmus of
Panama a few weeks by the dangerous illness of Mrs.
Fremont, and while there, his own system became
charged with the malaria of the climate, which soon
developed itself in the most malignant form of
Chagres fever. It was the iirst and only serious

TAKK8 TlIK CIIAUKE3 FKVKR.

399

illness ho ever had, thoiigli it clung to him tur
several years, and is only worthy of particular men-
tion hero as it prevented his attendance at Washing-
ton during the second year of his senatorial term.

Soon after his arrival at the seat of government,
Colonel Fremont was invited to attend a convention
which was to assemble at Philadelphia on the 1st of
April, for the purpose of promoting the construction of
a national road to the Pacitic Ocean, through the terri-
tories of the United States. As he had not yet laid the
results of his last tour of exploration before the public,
and as it had been undertaken avowedly for the purpose
of throwing light npon the groat problem of a highway
across the continent, his views were looked ft>r with
great interest. His answer to the committee, which we
give entire, was one of the most explicit and instructive
documents which, up to that time, had appeared u[)(>n
the subject, from any quarter.

LETTER FROM COLONEL FREMONT TO MESSRS. R. GF:i{IIAlil) AND

OTHERS, CQMMrrTEE, &C.

" Gentlemen : It would have ^Wen me great pleasure to have
been able to accept your kind invitation, and to have met the
interesting Mississippi and Pacific Raihoad Conv^ention on Mon-
day, but the remains of a Chagres fever confine mo to my room,
and leave me no other mode of showing my sense of your atten-
tion, and manifesting the interest I take in the great object
which assembles this convention, than to contribute, so far as I
can, to the mass of the information which will be laid before it.
In doing this, I regret that the state of my health does not per-
mit even the labor necessary to give the distances and barome-
trical elevations along the route which I shall ofier for your con-

I I

400

LIFK AND SKRVICKS OF JOHN C. FREMONT.

sideration ; but I liavo caused a skololon map, riidcly pkotclied,
to 1)0 pivpaied to ac(omj)aiiy this coiMinnnication, and which in
exhibiiiiio- tlic j)i(imin('iit Icaitircs of the country, and ijcneral
direction of lh«i line, will he I'oiind sullicicntly full and accurate
to illustralc what 1 have to say.

" Manv lines of ox|>loratioiis throuLjh tlie, wilderness country,
from our inhaMied iVoniior to the racitic Ocean, have conclu-
sively satislied me that the reL;;ion or belt of country, lying
between the 88th and 3i)th parallels of latitude, otl'er sinjrular
facilities antl extraordinary comparative advantages for the con-
struction of the pn)posed road.

" I propose, therefore, to occuj)y your attention solely with this
line ; lV)r the clearer understanding of which, it will aid to keep
under the eye the accompanying map, u})on whicli the unbroken
red lines are intended to show that the regions which thev tra-
verse have been already explored, while the broken red lines
what is known only from reliable information.

" Tlie country to be tiaversed by the j)roposed road exhibits
but two great features — the prairies reaching to about the lOotli
deu'rec of lono-iiuide ; and the mountains, with which it is brist-
ling from that poirt to the shores of the Pacntic ocean. Some yeai's
of travel among these mountains, during which L was occupied
principally in searching for convenient passes and good lines of
communication, gradually led me to comprehend their structure,
and to uuilerstand that among this extended mass of mountains
there is nowhere to be found a great continuous range having
an unbroken crest, where passes are only to be found in the
comparatively small depressions of the summit line. Throughout
this great extent of country stretching in each way about 17
degrees, all these a]>parently continuous ranges are composed of
lengthened blocks of mountains, separate and detached of greater
or less length, according to the nuignitude of the chain wiiicli
they compose — each one possessing its separate, noted, and pro-
minent peaks, and lying parallel to each other, though not usually
so to the general direction of the range, bur in manv cases Ivin.g

li , '5.

brist-
ycai's

iiies of

•ucturo,

intaiiis

igliout

pro-

sii.'illy

TUE PACIFIC RAILKOAD.

401

diagonally acjross it. Spriiii^ini^ suddenly up fioui tlio general
level of the country, sonietinies rising into bare and rocky sum-
mits, of great height, they leave 0|)enings through the range but
little above the general level, and by which they can be passed
without climl)ing a mountain, (lenerally these openings are
wooded valleys, where the mountain springs from either side
collect together, forming often the main branches of some
mighty stream. Aggregated together in this way, they go to
form the great chain of the Rocky Mountains and Sierra
Nevadas as well as the smaller and secondary ratiges whi(-h
occupy the intervening spac^e. With the gradual discovery of
this systenj, I became satislied, not only of the entire practica-
bility, but of the easy construction of a railroad across this
rugged region. As this peculiarity foruis the basis of my infor-
mation, 1 desire to state it clearly at the outset, in order that [
may be more readily understood in proceeding to show that this
continent can be crossed from the Mississippi to the l*acitic,
without clind)ing a mountain, an<l on the very line which every
national consideration would require to connect the great valley
of the West with the Pacific Ocean.

'• In describing the belt of country through which the road
should pass, it will be found convenient to divide the etitire line
into three parts — the Eastern, reaching from the mouth '>*' the
Kansas to the head of the Del Norte ; the Middle, from the head
of the Del Norte to the river of the (Jreat Basin; and the West-
ern, from the iii of the (jrreat Basin to the ocean. Beginning
near the yOtli j)arallel of latitude, at the mouth of the Kansas,
the road would extend along the valley of that river some three or
four hundred miles, traversing a beautiful and wooded country
of great fertility, well adapted to settlement and cultivation.
From the upper waters of the Kansas, falling easily over into the
valley of Arkansas, the road strikes that river about a hundred
miles below the foot of the mountains, continuing up it only to
the mouth of the Huerfano River. From this pf)int the ))rairio
plains sweep ilirectly up to the mountains, which dominate them
as highlands to the ocean.

•li

■ {■ '/

.r\\

ifr

402

LIFE AND 8ERVI0K8 OF JOHN O. FREMONT.

" The Huerfano is one of the upper branches of the Arkansas
and followinir tlie lines of this stream the road would here enter
into a country magnificently beautiful — timbered, having many
bays or valleys of great fertility ; having a mild and beautiful
climate; having throughout the valley country short winters,
which spend their force in the elevated regions of the mountains.
The ranire of mountains in which this stream finds its head
springs is distinguished by having its summits almost constantly
enveloped in clouds of rain or snow, from which it obtains its
name of Sierra Mojada, or Wet Mountain. This chain is remark-
able among the Rocky Mountain ranges for the singular grandeur
of its winter scenery, which has been characterized by travellers
who have seen both as unsurpassed either in the Alps or the
Himalayas. Their naked rocky summits are grouped into
numerous peaks, which rise from the midst of black piny forests,
whence issue many small streams to the valley below.

" Following by an open wagon way the valley of the Huerfano,
the road reaches the immediate foot of the mountain at the
entrance of a remarkable pass, almost everywhere surrounded by
bold rocky mountain masses. From one foot of the mountain to
the other, the pass is about five miles long; a level valley from
two to four hundred yards wide, the Mountains rising abruptly
on either side. With scarcely a distinguishable rise from the
river plains, the road here passes directly through or between
the mountains, emerging in the open valley of Del Norte, here
some forty or fifty miles broad or more properly a continuation
northward of the valley in which the Del Norte runs. Crossing
the fiat country, or opening between the mountains, and en-
countering no water course in its way, the road would reach the
entrance of a pass in the Colorado Mountains, familiarly known
to the New Mexicans and Indian traders, who are accustomed to
traverse it at all seasons of the year, and who represent it as con-
ducting to the waters of the Colorada River throuirh a handsome
rolling grass-covered country, atiording practical wagon routes.

" Of this section of the route, so far as the entrance of this

i.rkanaa9
ere enter
\g many
beautiful

winters,
ountains.
its head
>nstantly
itains its

remark-
jrandeur
ravellers
3 or the
ed into
r forests,

uerftmo,

at the

nded by

ntain to

ey from

bruptly

om the

)etween

e, here

nation

[•ossinir

nd en-

ch the

iiown
ned to
is con-

soino
utos.
|)f this

PACIFIC RAILROAD.

403

pass, covering twelve degrees of longtitude, I am able to speak
frofn actual exploration, and to say that the line described is not
only practicable, but affords many singular facilities for the
construction of a railway, and offers many advantages in the
fertile and wooded country through which it lies in the greater
part of its course.

" In the whole distance there is not an elevation worthy of the
name, to be surmounted ; and a level of about 8,000 feet is
gained almost without perceptible ascent. Upon the Kansas
and Huerfano River valleys, the country is wooded and watered :
the valley of the Del Norte is open, but wood is abundant in
the neighboring mountains, and land fit for cultivation is found
almost continuously along the water courses, from the mouth
of the Kansas to the head of the valley of the Del Norte.

"A journey undertaken in the winter of 1848-49 (and inter-
rupted liere by entering more to the southward the rugged
mountains of St. John's, one of the most impracticable on the
continent), was iniended to make a correct examination of this
pass and the country beyond to the rim of the Great Basin.
The failure of this expedition leaves only for this middle posi-
tion of our line such knowledge as we have been able to obtain
from trappers and Indian traders. The information thus
obtained had led me to attempt its exploration, as all accounts
concurred in representing it practicable for a roau, and these
accounts were considered sufficiently reliable,

"According to this information, the same structure of the
country to whicih I have called your attention above, as forming
a system among the mountains, holds good here ; and I ac(;ord-
ingly found no difficulty in believing that the road would readily
avoid any obstacles which might be presented in the shape of
mountain ranges, and easily reach the basin. In pronouncing
upon the practicability of a road through this section, I proceed
therefore upon my general knowledge of the face of the country,
upon information received from hunters and residents in New
Mexico, and upon the established fact that it has not only been

• I

n ''•

404

LIFE AND SERVICES OF JOHN C. FKEMONT.

travelled, but at all seasons of the year, and ia one of the travel-
ling routes from New Mexico to California.

" The third section of the map is from the Wahsatch Moun-
tain to the Sierra Nevada, and thence to the Bay of San Fran-
cisco. This route traverses the Great Basin, presenting three
different lines, which you will find indicated on the map.
Repeated journeys have given me more or less knowledge of the
country along these lines, and I consider all of them practicable,
although the question of preference remains to be settled. The
northern line is that of the Humboldt River, which althouoh
deflecting from the direct course of the bay, commands in its
approach to the mountains several practicable passes, the lowest
of which is 4,500 feet above the sea. The southern line, •vhich
in crossing the Basin has not the same freedom from obstruction
enjoyed by the open river line of the North, is still entirely prac-
ticable, and possesses the advantage of crossing the Sierra
Nevada at a remarkably low depression, called Walker's Pass,
more comn^ .'y known as the Point of the Mountains^ and being
in fact, a termination of one of the mountains which go to form
that chain.

" This pass is near the 35th degree of latitude, and near tho
head of the beautiful and fertile valley San Joaquin, which the
road thence would follow down to its junction with the Sacra-
mento, or to some point on the bay. This route deflects to the
south about as much as the other does to the north, but secures
a good way, and finds no obstacle from the Sierra, turning that
mountain where is has sunk down nearly to the level of the
country. Among the recent proceedings of the California
legislature, resolutions were introduced in favor of beq-inning in
the railway at that pass.

" The third line, which is the middle and direct line, and that
to which I give a decided preference, is less known to me than
either of the others : but I believe fully in its practicability, and
only see the principal obstacle to be overcome is the Great Sierra
itself, which it would strike near its centre. That obstacle ia

PACIFIC RAILROAD.

405

that
than

and
lerra
!le is

not considered insurmountable, nor in the present state of rail-
way science, sufficient to turn us from the direct route. A pa?s
is known as indicated by the line upon the map, which labor
v/ould render practicable. Other passes are also known to the
r'^i'th and south, and if tunnelinfj bectame necessary, the struc-
ture of the mountains is such as to allow tunnels to be used with
the greatest advantage. Narrow places are presented wliere
opposite gorges approach each other, and a wall of some two or
three thousand feet often separates points which may not be
more than a quarter of a mile apart at its base. It will also be
remembered that the Great Basin east of the Sierra Nevada, has
a general elevation of over 4,000 feet, so that the mountains
would be approached on the east at that elevation ; on the west
the slope is wide, though descending too near the level of the
tide water.

" The foregoing remarks embody all the general information
I am now able to give upon this line. The first section of it,
from the Missouri fiontier to the head of the Del Norte is
explored, and needs no further reconnoissances. It is ready for
the location of the road by a practical, engineer. The second
and third sections require further explorations, to determine, not
upon practicability, but upon the preference due to one over the
others.

" A party of 300 men, skillfully directed, with the assistance of
three or four practical road engineers, would be sufficient to
lay out the whole routes, and clear and open a common road in
the course of next spring and summer, so as to be passable for
wagons and carriages, and as rapidly traversed as any of the
common roads in the United States.

" The obstacles I have not mentioned are the winter impedi-
ments of snows, and the temporary one from the hostility of the
Indians. The latter can be surmounted by military stations
sending out military patrols to clear and scout the line. The
snows are less formidable than would be supposed, from the
great elevation of the central part of the route. They are dry,

406

LIFE AND SERVICES OF JOHN 0. FKEMONT.

and therefore more reidily passed through ; are thin in the
valleys, and remain only during a very brief winter. The winter
of my last expedition was one of unprecedentedly deep and early
snows, yet in the vadey of the Kansas and Arkansas it was thin ;
in the valley of Huerfano, none; and in the vail ey of Del Norte
the snow was only three feet deep ; the thermometer at zero near
midday.

"'J'he weather in these high mountains and deep valleys is of a
character adapted to such localities — extremely cold on the
mountains, while temperate in the valleys. I have seen it storm-
ing for days together on the mountains in a way to be destruc-
tive to all animal life exposed to it, while in the valley, there
would be a pleasant sunshine, and the animals feeding on
nutritious grass. Beyond the Rocky Mountains, the cold is less»
and the snows become a less and more transient obstacle. These
are my views of a route for the road or roads (a common one is
first wanted), from the Mississippi to the Pacific. It fulfills, in
my opinion, all the conditions for a route for a national
thoroughfare.

•' 1st. It is direct. The course is almost a straight line. St.
Louis is between 38, 39; San Francisco is about the same; the
route is between these parallels, or nearly between them, the
whole way.

"2nd. It is central to territory. It is through the territorial
centre west of the Mississippi, and its prolongation to the Atlan-
tic ocean would be central to the States east of that river.
It is also central to business and population, and unites the
greatest commercial point in the valley of the Mississippi with
the greatest commercial point on the coast of the Pacific.

"3rd. It combines the advantages for making and preserving
the road, wood, water, and soil, for inhabitation and cultivation.

"4th. It is a healthy route. No diseases of any kind upon
it; and the valetudinarian might travel it in his own vehicle, on
horse, or even on foot, for the mere restoration of health and
recovery of sp'"its.

PACIFIC RAILROAD.

407

"It not only fulfills all the conditions of a national route, but
it is preferable to any other. It is preferable to the South
Pass from being nearly four degrees furtiie- south, more free
from open plains, and from the crossing of great rivers. Its
course is parallel with the rivers, there being but one (the
Upper Colorado), directly crossing its iine. There are passes at
the head of Arkansas, in the Three Parks, and north of them,
but none equal to this by tho Rio del Norte. There is no route
north of it that is compara.le to it; I believe there is no prac-
ticable route south of it in the United States. The disaster
which turned me south from the head of the Del Norte and sent
me down that river, and to the mountains around to the Upper
Gila, enabled me to satisfy myself on that point.

"I went a middle route — a new way — between the Gila River
and the wagon-road through the Mexican province of Sonora
and am satisfied that no route for a road can be had on that
line, except going through Mexico, then crossing the Great
Colorado of the West, near the mouth of the Gila, to cross the
desert to arrive at San Diego, and still be six hundred miles by
land, and three or four hundred by water, from the Bay of San
Francisco, which now is and forever must be, the great centre
of commerce, wealth and power on the American coast of the
Pacific Ocean.

"In conclusion, I have to say that I believe in the practicabil-
ity of this work, a id that every national consideration requires
it to be done, and lo be done at once, and as a national work by
the United States.

"Your obliged fellow-citizen,

"J. C. Fremont."

iSI

'Irt'

408

LIFE AND 8EKVICE8 OF JOHN C. FREMONT.

CHAPTER XYI.

Fremont's career as united stated* senator — speech

ON the INDIAN AGENCY BILL SPEECH ON THE BILL

MAKING TEMPORARY PROVISIONS FOR WORKING THE

MINES OF CALIFORNIA — CHALLENGES SENATOR FOOTE

FOOTe's RETRACTION — FREMONt's LETTER ABOUT THE
AFFAIR.

The long and anxious struggle which resulted in the
admission of California into the Union, as an indepen-
dent State, with a constitutional provision against slavery,
is familiar to the country. The legii-hition upon the
subject was consummated on the 9th of September,
1850. On the following day, the Californian senators
presented themselves for admission to their seats.
Colonel Fremont's credentials were submitted by Sena-
tor Barnwell of South Carolina, who remarked in doing
BO, that " it was well known he entertained the strongest
constitutional objections to the admission of California
into the Union, but Congress having passed an act for
her admission, Mr. Fremont's admission conld not be
otherwise than very acceptable." Jefferson Davis, a
senator from Mississippi, moved a reference of the cre-
dentials to a committee, on the ground " that the consti-
tutional provisions for the election of senators could not

I I' III.1 l l .uii»i.m

UNITED STATES SENATOR.

409

-SPEECH
IE BILL
m THE

?OOTE

UT THE

i in the

idepen-

ilavery,

)on the

ember,

enators

seats.

Seiia-

doina:

ongest

ifornia

act for

not be

,vis, a

le cre-

3onsti-

d not

have been complied witli." Senators Mason of Virginia,
Bullcr of South Carolina, and Tiirney of TcMUK'ssee, also
favored the rcforonce. Senators Claj of Kentucky, and
Foote of Mississippi o])poscd the reference, wliich was
defeated by a vote of 36 to 12.

The new senators were then sworn in, and imme-
diately after, the Senate proceeded to ascertain by lot
the class or length of senatorial term of the respective
candidates. The shortest term, expiring o)i the 3d day
of March, 1851, was drawn by Colonel Fremont. But
three weeks remained of tlie session witlnn which to
accomplish anything for California. No time was to
be lost, therefore, in doing what had to be done. On
the day after he became entitled to his scat, he offered
a resolution instructing the post-office committee to
inquire into and report upon the expediency of estab-
lishing seventeen post routes in California, each des-
cribed in the resolution, which was considered by
imaninu^us consent, and agreed to. lie, at the same
time, gave notice of his intention on the following or
some subsequent day, to ask leave to introduce a series
of bills, designed to complete the political organization
of California. The titles of those bills show their scope,
and the statesmanlike views he took of the politi-
cal needs of the young and as yet governmentless
State which he represented.*

*" 1. A bill to provide for the recording of land titles in California.

" 2. A bill to provide for the survey of the public lands of California.

"3. A bill to provide for the erection of land offices in Caliibrnia.

" 4. A bill to provide for the settlement of private land claims in Cali
fornia.

" 5. A bill to grant donations of land to settlers before the cession of
the country to the United States, and pre-emption rights to all subse-
quent settlers.

I ■<

410

LTFK AND 8i:ilVICKS OB' JOHN C. FREMONT.

On tlic 14tli of Sc'ptcMiiber he had leave to introchico
a bill to make teinj>()rary proviriiuiis lor tlie working
and discovery of gold uiiiKs and placers in California,
and for jjreserviiig order in the gold mine district. The
bill, he stated, had been drawn np with great care ; ho
had reviewed the Spanish laws, extending over a space
of three hnndred years, and had endeavored to embody
in the bill all that he considered applicable to our ago
and institutions.

On the same day, the bill authorizing the President
to appoint Indian agents in California being under con-
sideration, Senator Atchison, from the Committee on
Indian Afi'airs, stated that he was entirely unable to
communicate to the Semite the information that they
would probably require. The committee, he said, did
not know the number of tribes of Indians, nor the nuni-

" 6. A bill to regulate the working of mines in California.

"7. A bill to extend the laws and judicial system of the United States
to the State of California.

" 8. A bill to refund to said State duties collected at San Francisco and
other ports, before the custoin-houao laws were extended to it.

*' 9. A bill to grant said State public lands for purposes of education.

'* 10. A bill to grant six townships for a university.

•'11. A bill to grant land to aid in couhlriict'ng public buildings.

"12. A bill to grant land for asylums for the deaf and dumb, for the
blind and insane.

" 13. A bill to relinquish to the city of San Francisco certain public
grounds no longer needed for public purposes.

" 14. A bill to grant to the State of California twelve salt springs, with
a section of ground around each.

"15. A bill to grant to the city of Monterey the old government house
and its grounds.

"16. A bill to provide for opening a road across the continent.
' " 17. A bill to grant land for internal improvement.

"18. A bill to preserve peace among the Indian tribes, by providing
for the extinction of their titles to the gold districts."

UNITED STATF.a BRNATOR.

411

ber of Indijins witliiii the Sfate of Callfoniia, nor tlio
kind of titly by wliicli tlioy held tlieir hiiuls ; ho tluTc-
f(»ro reft'iTod the Sciuite fur further information, to the
bonators from Culiforniji.

AVliurcnpon Col. Fremont proceeded to wtate liis
reasons for introducing the bill, as follows :

BPKKCH or COL. FREMONT IN TIIK UNITKD STATKS .SENATE, ON THE INDIAN

AGENT HILL.

"Tho p^onoral polioy of Spain in l\cr Indian relations, was tlio same a:»
that wliicii was al'tcrwards ailoplcd by all FJuropp, and rocof^nizod by the
United States. The Indian rij^ht of occupation was respected, but the
ultimate dominion remained in the Crown. Wherever the policy of Spaiu
differed from that of the other European nations, it was always in favor
of Indians. Grants of land were always made subj(>ft to their rifijhts of
occupancy, reservin<^ to them the right to resume it, even in cases where
it had been abandoned at the time of the grant. But the Indian right to
the lands in pro|)erty, under the Spanish laws, consistetl not merely iu
po-ssession, but extended even to that of alienation ; a right recognized
and alHrmed in the decisions of tht; Supreme Court of the United States.
A claim to lands in East Florida, under a title derived from grants by tho
Creek and Seminole Indians, and ratified by the local authorities of Spaiu
before the cession of I'lorida to the United States, was confirmed.

•' I have here in my hand a volume of Spanish laws, pul)lished in the
city of Mexico in 1S49, and purporting to contain all the legislation on
this subject, which was iu force in Mexico up to that date. These laws
extend from 1533, some twelve years after the concjuest of Mexico by
Cortez, to 1817. The policy of Spain in regard to the Indians difl'ered
somewhat from that of the United States, and particularly in this : that,
instead of removing the Indians from amidst the Spanish population,
it kept them there and protected them in the possession of their lands
among their civilized neighbors ; having always in view the leading object
of converting them to the Christian religion. To this end the power of
the government was alwaysdirected ; it was a national object, and in
great part was a governing principle in the laws of which they were tho
subject. I will not occupy the time of the Senate by reading at length the
several laws, but will merely make a few statements of such particular
parts as bear directly upon the riglils in ((UL'-ttiou.

412

LIFIi AND BEKVICKS UK JOHN C. FKLMONT.

*' A royal order of Clmrlos V. (a supromo law hi Spain), of the year
ISnS, (U'crt'i'd tliut tlip wootJH, piiNtiire huuU, ami wator coiituiiu'd in any
grants of soi^jniorit's, wliicli had hocn or slionld he inado in tiio Indios,
hIioiiIiI l»i« cornnion to Spaniardn and Indian?^. Anotlier royal order of
lt)87 (eonlirniin;^ and oxtendin<r an ordinance of the viceroy, ('onnt Saint
Stephen, of tiie year lr)(i7) connnanded that in all the villages of the
Indians tliroujfliout all Sew Spain, wlio needed land to live upon and sow,
there nhonld Ije given to tlieni a space of Tjim) yards, and as much more
as they Imd any need of for cultivation around tlieir village, measuring
from the furthest outside house, and if the village happened to he a largo
one an uidimited r|uantity should he allowed, an<l that thereafter no grant
of pustiu-e grouiiil or land should he given to any one within eleven
liundred yards of tiu> most outside house of the |)opulation.

"A law of I'hilip III. of UllH, ordained that no pasture grounds of
black catth" should be situated within a league and a half of any village
converted in old times of the ('In-istian religion, and not within three
leagues of any villages of newly converted Indians, npon pain of forfeit-
ing the pasture ground and half the cattle which there should be upon it,
and the Indians had the right to kill any cattle which should be so found
trespassing upon their lands, and were subject to no penally whatsoever
from them.

" A decree of Philip IV. ordained that the sale, improvement and
location of lands, should be made with such attention to the Indians, that
they should be left with a superfluity beyond all the lands which might
belong to them, as well individually as in communities, together with
waters and water privileges, and the lands upon which they might have
made canals for irrigation, or any other improvements, should be reserved
to them in the first place, and in no case were they to be sold or alienated
from them.

'* The Spanish law likewise recognizes the Indian right to alienate, and
prescribed the terras and mode in which such alienation shall l)e legal. A
decree of Philip 11. of 1571, commanded that the Indians should have
the right to alienate their landed property as well as their personal effects,
prescribing oidy that proclamation should be made during a specified
time, and at a place of public sale. We have here a circular of the royal
audience of Guadalajara of 1817, reviving for information, and to correct
abuses, a decree of one of the superior tribunals of Mexico, which
annulled a sale of the rancho of Tena Banca, made by the Indians of
Colchis, for a failure to comply with the forms prescribed by law. la
California we have both classes of Indians — the Christian or converted
Indians, collected together at the missions and in large villages at the sea-

UNiriill) STATKsJ SKXATOK.

4l;j

of the yonr

iiiiHMl in any

1 tlie IiiilioH,

III order of

Coinif Siiiiifc

lll<^t!S of tlio

)on uiid .sow,
I much more
', niciisiiriiig
to ))(• a Iiirgo
■t»»r no grunt
illiin eleven

grountl.s of
any village
vitliin tliree
n of forfcit-
1 be upon it,
be so found
whutHoe ver

emcnt and
ndians, that
hich might
gethor with
might have
be reserved
or alienated

lienate, and
)e legal. A
hould have
onal effects,

a .specified
of the royal
1 to correct
ico, which
[ndians of
)y law. la
[• converted

at the sea-

con.st and the interior, and the wild Indians of the mountain.s who never
were reduced to sulijeetion.

"The .MtatenienfM I have given, Mr. President, are Humcient to show
th»t tlie Spanish law clearly and altsolntdy secured to Indians fixed
rights of property in the lands they ot-eupy, beyond wliat is admitted l»y
this government in its ndations with its own domestic tribes, and that
Borne particular provision will be necessary in order to divest them of
these rights. In ('alifornia we are at this iiiomeiu invading these riglits.
We lived there by the strong hand alone. Tiie Indians dis|)ute our rights
to be there, and they extend the privilege which* the law secured them
of killing the cattle to that of killing the owner wlienever tliey find an
occasion. Our occu|)ation is in conllict with tliem, and it is to render
this occupation legal and e{putal)le, and to prtrserve tlie peace, that I havo
introduced this l)ill. It recommends itself to the favorable consiilcration
of the Senate by its obvious necessity, and because it is right in itself,
becau.se it is politic, and because it is conformable to the estal>lished
custom of this government.

At tho end of the debate the bill was reported to tlio
Senate, and ordered to be engrossed for a third reading.

On the 25th, the bill making temporary provision for
working the California mines, being under considera-
tion, Senator Felch of Michigan, moved a substitute as
an amendment to the whole bill, and made a long
speech in its favor.

Mr. Fremont answered him in the longest speech that
he delivered during the session, and judged by its results
one of the most effective, for it disposed of all opposition,
and the bill passed the Senate unanimously. We give
the speech entire :

" The very advanced period of the session when we obtained our seats
and were able to bring forward the California business, induced me to
take a course in relation to our bills which I thought most agreea))le to
the Senate and best suited to secure for them a favorable consideration.
This was not to use the indulgence of the Senate for making speeches, but
to confine myself to a brief exposition of the nature and principles of a
bill when it should be called up, and then to answer, as well as I could,

•V; ■ !

il ,

Ih.

'•t

I
p

'¥

1 1

414

LIKE AND SERVICES OF JOHN C. FREMONT.

the huiuirios and objections of scMiatora oitlicr to principles or details. But
I find such a oouive dillicult on this bill, which introduces a new subject,
and one which, IVoni its novelty and importance, excites, and ouj^ht to
excite, much interest, and requires close examination. The principles of
this bill, as I have already stated them, arc to exclude all idea of mukinj^
a national revenue out of those mines, to prevent the possibility of mon-
opolies by moneyed capitalists, and to give to nati;iul capital, that is
to say, r.AiioK and indu.stry, a fair chanec to work, and the secure enjoy-
ment of what they find. To carry out these principles to their just
results, all the details of the bill are carefully directed.

"The senator from Michif^an (Mr. Felch) who has made the motion to
Btrike out the whole bill, and to insert a substitute, does not object to tho
principles, but on the contrary, supports them, and objects oidy to
details. Adopting the i)rinciples of the bill and its leading provision.'-:,
he ol)jects to the machinery as we may call it, of executing the system ;
objects to the agents, to the permits, and of course to the small sum
•which is to be paid for the permit. Ue would seem to leave the law to ex-
ecute itself; that is to say, leave every num to act for himself under the
law. If the honorable senator were as fiimiliar with the workings of
things in California as we who have drawn up the bill, for which he
proposes his substitute, I believe he would never have introduced sucli a
proposition. It would never work well anywhere, but would throw every-
thing into disorder and confusion, and make every man judge and jury
in his own case. Laws must have oflicers to execute tliem, and I think
none could be more cheap, convenient, and suitable to the people thau
suth as this bill provides. la the first plact>, there are agents, who
are to reside each in a gold-mine district, grant the permits to applicants,
visit the mines, and with a jury of six disinterested men, settle all dis-
putes equitably and promptly, and without the delay and expense of a
resort to a court of justice for every little question which grows up among
the miners. To see that the agents are faithful and attentive, a super-
intendent of gold-mines is created, whose business it is to superin-
tend all the agents, examine their books and accounts, hear complaints
against them, take ajjpeals from their decisions, and suspend them and
appoint others in case of misconduct. The superintendent is thus armed
with strong power, not over the miners, but over the agents, and for the
benefit of the miners. It was considered necessary to have this stron^.
controlling power present with the agents and tiie miners, that all possi-
ble attention should be paid for the faithful execution of the act, and the
immediate redress of all wrongs. The superintendent is necessary to give
regularity to the operation of the agents, to hold them all accountable and

a._

UNITED STATES SENATOR.

details. But
new sulijoct,
vnd ought «o
principles of
liii ol' niiil<in{;j
ility of inou-
PiTAL, that is
ocuro onjoy-
to their just

he motion to
oliject to the
L'cts only to
; provision!-;,
the system ;
:? small sum
>e law to cx-
If under the
workings of
)r whicii he
luced such a
hrow every-
ge and jury
and I think
people thau
agents, who
> applicants,
ttle all dis-
cpense of a
vs up among
ve, a super-
to superin-
t'omplaints
1 them and
thus armed
and lor the
this strong,
at all possi-
Lct, and the
iary to give
aitable and

to be the head of the system. To accomplish these purposes, an autiio-
rity upon the spot is indispensable. The gorges of the Sierra Nevada arc
too remote from the metropolitan government — the President is too far
off to observe the conduct of agents, to hear comjjlaiiits, redress wrongs,
or dismiss the unfaithful. It would be e(|uivalent to no redress for inju-
ries, if a miner who is wronged is obliged to send his complaint to Wash-
ington City, and prove it up at that distance from the scene of his com-
plaint.

" The quantity allowed to each person is ample considering the privi-
lege he has of changing his location as often as he pleases, and selling his
lot when he is offered a good jjrice. Thirty feet sciuare is to be the size
of a lot, to be worked by manual laltor, in a placer; two hundred and ten
feet, or about one acre, is to be the size of a lot in a mine to be worked
by machinery, in the rock.

" A placer lot, accordingly, contains nine hundred superficial feet, with
a depth to the centre of the earth. A cul)e of these dimensions would
be twenty-seven thousand solid feet ; and if a i)lucer of tolerable richness
is found, an industrious man might say his fuitune is made. Sooner or
later every industrious man may ex])ect to find a good lot, and whether
he sells it or works it, his reward will be ample,

"If he sells, he may take another permit, and work on until he
makes another good discovery, and either sells that or exhausts it ; and
60 on, until he is satisfied, or the mining is exhausted. Wherever he
may plant his stake, exclusive possession is guaraiited to the miner, so
long as he works his mining lot, or to his assignee, if sold, or to his
legal representatives, in the event of his death. All that he finds is to be
his own — there is no tax to lie paid; no per centum — no fifth, or tenth
or twentieth to the government ; no olHcer to stand over the miner and
require him to give an account of all he finds, and surrender up a part to
the federal government — all is his own that he has the industry to col-
lect; and for these multiplied advantages, with the ])rotection of law and
the security of order, the citizen pays only one dollar a month for as
many months as he may choose, not exceeding twelve, with a pre-emptive
right to continue his own lot. This nominal sum of one dollar a month
is all that the bill proposes for him to pay ; and while it will b(! sufticient
to indemnify the government for all ex[)enses, and to yield a respectable
sum besides, it will be no burden on the miner ; he will nut feel it, but
will pay it cheerfully in return for the advantages which tlie permit
secures him.

" Under this system every industrious man — every one wlio has
courage to persevere, to try in new places until fortune favors him — will

416

LIFE AND SERVICES OF JOHN C. FREMONT.

i'i.iif

n '3

i; I

feel assured that his fortune is in his own hands. For the more extended
and regular operations by machinery, the uiniensions of the parcel of
mining ground fixed by this bill, are 210 feet square, or about one acre.
In a mineral country, reputed to be of such extraordinary richness, their
dimensions were considered, abundantly large for the mine itself, and suffi-
ciently so to afford room for temporury buildings in the beginning of ope-
rations. Hereafter, when the mineral district shall be better known, and
tlie locality of the lodes or veins precisely marked out, larger contiguous
spaces may be granted to miners for the construction of the buildings
absolutely necessary for extensive works. In the meantime, it should be
remembered that these veins will occur in tracts of ground rich in loose
gold, and that all the advantages attending a permit to work a placer,
apply to the permit to work a mine, of which the superficial contents are
about 44,000 feet, and thirty feet depth, of which would be one million
three hundred and twenty thousand soHd feet. The dimensions of a lot
of raining ground are therefore about fifty times greater than those of a
placer's lot. For these great advantages we propose that the govern-
ment should ask only twenty-five dollars a month, one dollar a month
being the sum fixed for a placer permit, and the permit for a mine is
therefore only half that for a placer, fifty to one being the proportion
between them.

" The bill contains beneficial provisions in favor of first discoverers :
they are to have double quantity, without the payment of any fee, and
with the privilege of a pre-emptive right. These privileges have been
recognized as just and politic under the laws of eA-ery mining nation.
Under the regulations of the new code, Spain granted to a discoverer as
many mining lots as he chose to stake out upon the vein, and under tlio
mining ordinances of New .Spain several such lots were granted to tlio
discoverer, and upon as many veins as he might discover in an entirely
new mineral ridge. It is only a proper reward to an industrious dis-
coverer, and an inducement to prosecute researches which result in great
benefit to the country. The discoverer of a new placer, or of a new
mine, therefore, will have a full reward for his enterprise, and his expen-
diture in time and money.

" Five per centum of the proceeds from the sale of the permits is to go
to the State of Calilbrnia for the purposes of internal improvement.
This is upon the principle of the sale of the public lands. When sold by
the United States, five per centum is paid to the State for that purpose.
In this case the mines are to be worked out before the land is sold, and a
considerable amount received, even at the low rates proposed. A
hundred thousand permits would bring above a million and a quarter per

UNITED STATF3 SENATOR.

417

e extended
parcel of
t one acre,
mesa, their
f, and suffl-
ing of ope-
nown, and
contiguous
e buildings
t should be
h in loose
k a placer,
)ntcnts are
nc million
IS of a lot
those of a
le govern-
' a month
a mine is
proportion

icoverers :
y fee, and
lave been
ig nation,
overer as
under the
ed to the
11 entirely
lious dib-
t in grout
•f a now
IS expen-

^ is to go
)vemont,
sold by
purpose,
d, and a
sed. A
rter per

annum. Five per centum upon one million would be $.50,000 per
annum to the State — a sum which could be beneficially expended in
opening communications through the country.

" The system is temporary, and is to continue only until superseded
by a better. I am doubtful if a better one will be found, and think
rather that it will continue until the placers are exhausted ; when the
gold region can very properly be sold as other lands. The mode of
taking eftbct of this system is equitable and proper, going into effect,
when the agent arrives into a district and promulgates the law. In the
meantime there is no prohibition to work, but every man works on, and
holds a preemptive right to the lot which he occupies. In this way the law
would go into effect, without any interruption to the work which is going
on, or without any shock to existing operations, and without retroactive
operations upon anything that has been done. In fact all the details of
the bill are carefully calculated to carry out its great loading principle —
that of giving to labor and industry a fair chance, and to save the mines
from becoming a monopoly either in the hands of the government to
make revenue, or in the hands of moneyed capitalists to amass princely
fortunes. I am glad to find that the Senate evinces no disposition to
create revenue by having taxes on the gold mines of our State, and that
the liberal principles of this bill, from the votes already taken, are likely
to prevail in this chamber.

" I think that this government should look for increase of revenues, to
the expanded commerce which the discovery of these gold mines has
created in the Pacific Ocean.

" Oppressive taxes on the precious metals are well suited to a govern-
ment like that of Spain, which derived one of its chief supports from its
mines in New Spain, which constituted its mint ; which used the labor of
the people only to create revenue ; which demanded from them the first
fruits of the earth, and taxed everything which it did not monopolize,
and everything in the same proportion — agricultural products as well as
mines — a tenth of the whole and all to support the extravagant
expenditures of its arbitrary nionarchs. In consequence of these oppres-
sive exactions, ninety-nine were ruined out of a hundred, who engaged
in gold mining operations in her dependencies. But we have adopted a
wiser course. Reason and experience teach us the fol'y as well as the
injustice of attempting such exactions from the peojjle. We have
seen their failure on a small scale on our own lead-mine leasing, and we
have before us the result of their operation under the elaborate system
and arbitrary power of Spain, which, with all thoir extravagant taxes,
yielded — in those years of which I have any account, and at a flourishing

18-^-

418

LIFE AND SERVICES OF JOHN C. FREMONT.

period of the mines — a revenue of only about $00,000 per annum from
the gold mines of New Spain. Mexico found out the folly of this course
and immediately after her independence in 1831 abolished these multiplied
taxes, and substituted for them all a simple duty of three per cent.
Uravy taxes had almost destroyed this branch of her revenues, and
liberiil provisions were made to resuscitate it. The quicksilver mines
were given to all who would work them, free of all tax and all kind of
duty. Rewards of $25,000 each were decreed to the first four operators
who should extract a certain (juantity of the metal — the miners were
exempted from all personal contributions and all military service — and
all to restore what taxation had ruined. We cannot, certainly go back
from what Mexico has done, and take up the abandoned system of old
Spain ; and I trust that, while we repudiate taxation, we shall also avoid
anarchy and disorder, and give to the country some such brief and simple
code of regidations, as will secure to every man the peaceable exercise
of his industry, and the possession and enjoyment of what he gains."

'* In conclusion, I trust that the substitute will be "ejected and that
the principles of the bill will remain as now fixed."

During the brief period that the Senate remained in
session after his admission to its deliberations, Colonel
f reniont confined himself almost exclusively to Califor-
nia business and to measures which, though of the
greatest concern at that time to California have now lost
much if not all of their public interest.* His speeches

* During the brief period of Col. Fremont's attendance in the Senate,
ho gave two or three votes on questions relating to slavery which have far
more interest now than when they were given.

On the 12th of September, the second day after taking his seat, the
bill to suppress the yliivo-tnide in tlio District of Columbia being under
consideration, Senator Sewaid, moved to strike out the whole bill from
its enacting clause, and insert a provision for the ahohtion of Slavery in
the District altogether. The amendment was rejected, as it was expected
to be, the vote standing Yeas 5, Nays 45. Among the Nays with Col.
Fremont were such Nortiiern men as Roger S. Baldwin of Connecticut,
John Davis of Massachusetts, Thomas Ewing of Ohio, H. Hamlin of
Maine, Truman Smith of Connecticut, and R. C. Winthrop of Massachu-
setts. They all thought, doubtless, that course was best adopted to secure
the practical result at which they aimed, the breaking up of the slave

UNITED STATES SENATOR.

410

nnum from
this course

I multiplied
per cent.

enues, ami
ilver mines

II kind of
operators

iners were
[•vice — and
y go back
em of old
also avoid
md simple
e exercise
ains."
1 and that

inecl in
Colonel
Ciilifor-
of the
low lost
peeclies

le Senate,
1 have far

seat, the
ng under
bill from
llavery in
expected
vith Col.
necticut,
[imlin of
lassachu-
to secure
he slave

though numerous were always brief and in tlieir struc-
ture almost exclusively expository, lie was looked to
as the final authority upon all questions of fact in rehi-
lion to the Icgislr.tion required for California, and never
rose without hav'inij: somethinj^ to sav, and alwavs sat
down when he iiad said it. lie displayed great cleurnoss
and precision of statement in the few forensic efiui'ls
which are reported, and established a character for
modesty, good sense and integrity among his associates
in the Senate which has survived all the political dis-
ruptions and alienations which have since overtaken
the party with which he was acting.

But one incident occurred to mar the entire harmony
of his intercourse with his brother senators, and that

pens and the slave auctions in the national capital — and on the 16th of
September the bill parsed, Fremont and Dayton voting with all the
Northern Senators in its favor — Atchison, Jofl'. Davis, Butler, and their
partisans in the negative. During the pendency of the ])ill for the sup-
pression of the District slave-trade, several votes were taken which
proved plainly enough Col. Fremont's deep and constant sympathy with
the cause of freedom. On the 14th of September, an amendment was
pending providing that if a free person should entice or induce a slave
to run away, or should harbor any such, he should be immured In the
District Penitentiary five years. The vote was a close one— Yeas 22,
Nays 26. Fremont voted No. Among the Yeas were Barnwell and
Butler of S. C, Dawson and Berrien of Ga. (the State in which Fremont
was born), Jeff. Davis, Soule, Foote, Hunter and Mason of Va., W. It.
King, Rusk and others. Among the Noes were Fremont and Dayton,
Baldwin, Chase, John Davis, Ewing, Hale, Hamlin, Seward, Winthro[)
and others. On another amendment to authorize the Corporations of
the District to prohibit ftre negroes within t^heir limits, under penalty of
imprisonment and fine ; which aho f:iil(>d by Ayes 20, to N'ays 23 ;
Atcliison, Butler, Soule, Jeff. Davis and others in the affirmative ; Fro-
mont and Dnvtou, Hale, Chase and Seward were in the negative.

Sept. 28, when Mason of Va. moved to strike out the clause in the
Navy bill which abolished flosging in the navy. Col. I'remont was found
voting No, with Halo. Sowanl, Chaso and other Nortbarn n^en.

SS3

\^ %

■III

'i\\

I I

J I

420

LIFK AND SKRVICE9 OF JOHN C. FRKMONT.

only served to increase the respect already entertained
for liis manly sensibilities. On the last night of the
session, Senator Foote, of Mississippi, who came into
the Senate somewhat in liquor, in the course of some
remarks on the Naval Appropriation bill — it afterwards
appeared as if he had not known preci3ely what bill he
was speaking to — said in substance, or was understood
to say, that the republic would be dishonored if a
portion of the k'^n.slatifTu which had been urged upon the
Senate for California were coDsuiuniated. Upon hearing
these wH:>rds, Col. Fremont left the Senate-chamber, and
sent a messenger to say to Senator Foote, that he
wished to speak w^ith him. As soon as Foote had
finished his speech, the message was delivered to
liim, and he stepped out to Col. Fremont, who then
told him that he had sent for him to say that he had
just used language in the Senate in reference to him-
self, which a gentleman in his position could rot use,
and which was unworthy of a senator. Foote imme-
diately struck at him with his fist, just grazing liis face.
On the instant, both parties w^ere seized by the door-
keepers and senators w^lio had noticed Foote's departure
from the Senate and suspected its cause, and thus a
serious issue to the affair was postponed, and, as it hap-
pened, prevented. On the following day. Col. Fre-
mont sent Foote a note by the hand of Governor Price,
of New Jersey, demanding a retraction of his offensive
imputations. Governor Price brought back a note
from Foote, in which he stated that in what he had
said in the Senate, he had said nothing denunciatory of
the bill supposed to have been referred to by him, or of
those who introduced it.

Mr. Fremont's friends esteemed this equivalent to a

DIFFICULTY WITH SENATOR FOOTE.

421

jrtjiined
of the
ne into
)f some
3rward8
bill he
ierstood
id if a
poll the
hearing
ler, and
hat he
)te had
red to
10 then
he had
to him-
ot nse,
imme-
is tace.

door-
)artnre
thus a
^t hap-

Fre-
Price,
ensive

note

had
oiy of
or of

t to a

retraction of the offensive words, and on Monday fol-
lowing — the note to Foote and his reply were dehvered
on Saturday — the following card appeared in the
national Intelligencer.

A CARD.

■yVAsniNQTOK, Sept. 23, 1850.
The undersigned are authorized to state that the difficulty between
the Hon. H. S. Foote, and the Hon. J. C. Fremont — growing out of cer-
tain expressions used by the former in relation to the California land-bill,
in the Senate, last evening, has been adjusted satisfactorily and honorably

to both those gentlemen.

A. C. Dodge,

Wm. M. Gwin,

Henry H. Siblet,

Rodman M. Price.

It was the custom of certain senators at Washington
then, as it is still, we believe, to keep one or two letter-
writers to say what they did not like to say themselves
— and at the time of which we are speaking, Francis J.
Grund, a correspondent of the Baltimore Sun^ stood in
that relation with Senator Foote. In the fultillment of
his vocation, he took it upon himself to state in a letter
written the very day the affair was adjusted, that Foote
had made no retraction, and to censure Col. Fremont
for attempting to prevent a free discussion of California
measures. As Foote's letter of retraction had not been
published, and the terms of the adjustment which had
been pronounced honorable and satistactory to both
gentlemen were conlidential, of course Grund's version
would be presumed, by the uninformed reader, to be
correct, in the absence of any contradiction. Col. Fre-
mont knew that this version of the settlement oriij^inated
with Foote, and immediately addressed the following
letter to the editor of the Baltimore Sun.

1 ^I J.M .I|

•

I: /

'''< \i

422

LIFE AND SKUV1CE8 OF JOIJN C. FRKMONT.

Sir : Your papor of this morning (Monday, Sept. 30th) contains a para-
graph in a letter from this place, which it is obligatory on nie to notice
and in such clear language as I believe the circumstances justify me in
using. It appears under the well-known signature X, and I believe it to
have been written by Mr. Grund ; but the paragraph which concerns me,
I consider as the work of Mr. Foote himself, and shall accordingly treat
him as the author.

The following is the paragraph :

*' ' The difficulty between Senators Foote and Fremont lias been amica-
bly arranged, as you will have se(Mi by the card of those gentlemen's
friends in to-day's Union. This is as it should be. Mr. Fremont was
wrong to 5«*tack Mr. Foote for words spoken in debate, which, as he
(Foote) distinctly avowed at the time in the Senate, were not spoken with
a view to wound the personal feelings of any senator present, but merely
to protect the country against ex parte decisions of the California Board
of Commissioners for the adjustment -.f land titles. All that Gen. Foote
liad observed was, that without Ewing's amendment, granting an appeal
to the Supreme Court of the United States from the decision of tho
Koard, he considered that the bill would disgrace the Republic, and that
however inclined he was to support the bill ivith the amendment, he
should assuredly vote against it without the amendment. Mr. Foote
retracted nothing ; but distinctly avowed that he did not intend any
personal disrespect for those who were against the amendment. Col.
Fremont could not be satisfied with this explanation. As a sensible man,
and a man of honor, he must have seen his mistake in attempting to gag
senators in regard to all legislative acts relating to California, and in
constituting himself the heir apparent of a family feud which, for the
benefit of the whole country, had better be buried than renewed.'

" This paragraph is false in many particulars, as I will endeavor briefly
to show, but will first make a few remarks as to the authorship. When
the friend whom I had sent to Mr. Foote on Saturday morning brought
back his letter, and joined with other friends in saying it was sufficient,
and that I ought to be satisfied with it, and with the statement which had
been agreed to be pubhshed, myself and others replied that this arrange-
ment was not satisfactory, because the affair would not rest there, but
that Mr. Foote was in communication with a letter writer, who wrote for
him in the Baltimore Su7i and Philadelphia Ledger, and that these two
papers would soon contain untrue accounts of the affair to my prejudice,
and which would compel me to take further notice of it. This was
repeatedly and emphatically told to the gentleman ; but it was finally
concluded to receive Mr. Foote's letter as satisfactory, and to watch for
the letters in the Sun and Ledger. Accordingly, Monday morning's Sun
brought the pxpeeted letter, which, as I have said above, I fully believe

•■^■•••mmm

DIFFICULTY WITH SENATOR FOOTE.

423

ain.s a para»
to notice
istify me ia
)clieve it to
sncerns me,
dingly treat

been amica*
[gentlemen's
reniont was
liich, as he
spoken with

but merely
)inia Board
Gen. Foote
; an appeal
iion of tho
c, and that
ndment, he

Mr. Foote
intend any
nent. Col.
nsible man,
ting to gag
nia, and in

h, for the
ed.'

,vor briefly
p. When
ig brought
sufficient,
which had
s arrange-
there, but
wrote for
these two
prejudice,
This was
vas finally
watch for
ling's Sun
Uy believe

to be the work of Mr. Foote througli Mr. Grund. Tho letter opens with
Baying, that the diffieultics between Mr. Foote and Mr. Fremont have been
very ' owuVrtWf/' arranged. This word '■ nniicuhbi'' ia false, as was well
known to the writer. I merely received Mr. Foote's letter as satisfaction,
and no tokens of amity were interchanged between us, not even speaking
to each other. He comes then to the cause of the difficulty, all of which
is falsely stated, and is so proved to be by the record. The letter says,
•Mr. Fremont was wrong to attack Mr. Foote for words spoken in debate,
which as he (Foote) distinctly avowed at th ; time, were not spoken with
a view to wound the feelings of any senator present, but merely to pro.
tect the country against ex parte decisions of the California Uoard of
Commissioners.'

"This is untrue. The bill for the California land titles was not under
consideration at the time, and had been previously laid upon the table,
with my approbation, till the next session, with a view to give it the full
consideration, for which there was now no time. Other measures had
been taken up, and the naval appropriation bill was then under discus-
sion; and it was on this bill — on the pretext of a motion from Mr. Gwin,
having no relation to the land titles — that the words were spoken. It
was not, therefore, to 'protect' the country against any action under
that bill that the injurious words were spoken, for the bill was not before
the Senate, and had been laid over until the next session.

" The letter says Mr. Foote retracted nothing. This is untrue, as will
be seen by the copy of jir. Foote's remarks, as furnished to me by the
reporter for the Intelligencer, contrasted with his own letter to me ; both
of which are herewith given in their order. And to avow no retraction,
is to re-affirm the orginal insult, by an insidious implication. I make no
account of difference between retraction and denial in this case.

" The letter says, ' Mr. Fremont must have seen his error in attempting
to gag senators in regard to all legislative measures in relation to Califor-
nia.' This is absurdly 'alse — absurd in the idea that I should attempt to
gag senators, and false in the fact. Much as the circumstances of the
country required the bill to be passed to prevent violence and bloodshed
in Cahfornia, yet, when it was kept off until the afternoon of Friday, I
gave it up for the session — said so, before the evening recess, to Messrs-
Ewing and Benton, the two principal speakers on it — agreed to have it
laid upon the table — and, satisfied that this would be done, did not return
to the Senate until after the evening session had commenced, and until
after the bill had been laid upon the table ; and when I did come in, I
was surprised to find Mr. Foote referring to the California land title bill,
the naval appropriation bill being the one under consideration. It ia,

421

LIFK AND SKUVICKS OF JOHN C. FUKMONT.

tliorcforo, fnlso, an well an ridioulous, to Hay that I attemptod to pap sona'
tors; I laid it over to the rii'xt session expressly to admit the i'ulicHt
disoiission, wliieli is exactly tlie reverse of paf,'f,'iiip.'

" Tiio Halliiiiore letter says, ' Mr. Foole did not intend to wound tlio
feelinps of any senator— hut distinelly avowed at the lime \\\ tlie Senate,
that he did not intend any personal disrespeet for tliose who were apainst
the anuMidmcnt.' This is false apain, and is jjroved to he so hy all the
eircumstances of the ease, and by the words themselves, This is tho
report of them, as furnished mc l\y one of the Natlona! JnteWujenccr
reporters :

"' We had some little admonition this niorninp at to the danger of
hasty lepisialion in rej^ard to California matters. Nevertheless, 1 say
deliberately, I say it with due eonsideiation of the matter and of tho
consecpienees of the deelaration, that if the views whiih have l>een
expressed in certain quarters this nuniiinp in repard to a portion of the
lepislation whieh is urped upon us for California, should be adopted in
the same hasty maniu'r in whieh it is now proposed to us lo pive our
saiu'tion to the present proposition, tht> admission of Calil'ornia into thu
Union would be j)ro(luetive of more detriment to the re|»ublie, and, in
my opinion, be fraupht with more real dishonor to the nation, than any
event that has ever oeeurred in the historic annals of the country. Sir,
we must be cautious about this Caliiornia business. Not oidy is Califor
nia a State of this Union, but she is a preat State. Her resources are
krpe. Her inteiests are vast. They are of vast importance to herself
and to the country at larpe. In dealinp with them we must act cautious-
ly, circumspectly, vipilantly, and permit no man, or set of nuMi, to urpe
us hastily and indiscreetly into the adoption of any lepislation for which,
hereafter, we may have reason to repent in sackcloth and in ashes.'

•' Now, take this lanpnago, and see if there was not a design to be
personal and insultinp in it, and that upon a plan previously resolved
upon. He avows deliberation — due consideration — disregard of conse-
quences. What does this mean, but a pre-determined design to give
both insult ami defiance ? And in that light it would doubtless have
been represented, if I had not called him to account. Then the terrible
consequences of passing the bill, the dishonor to the nation, the corrup-
tion, the repentance in sackcloth and ashes : what did all this refer to,
but the bill which I had brought in ? And why refer to it at all, when it
was not before the Sen.ite, not under consideration — actually laid upon
the table, to lie there until the next session? Why not wait till the next
session, if he only wanted to speak against the bill ? Why refer to it at
all, under such circumstances, unless for a purpose unconnected with the
bill ? and in such language, except for insult ? It is useless to pretend
the contrary ; and, therefore, the Baltimore letter is false in saying that

I ill

IT.

DIFFICULTY WITH SENATOR FOOTE.

4i'r>

to Rftp; spna-

t tlu> I'llllcHt

> wuiiiul tlio
I tlie StMiiitc,
wore a;^iiiiist
'o by all tin;
Tliis is tho
JntcUiycncer

u' (lanpor of
lu'lcss, 1 say
r and of thu
1 have bct'ii
Drtioii of tlio
.< adopted in

to fjivo our
•Ilia into the
ildic, and, iii
i)n, than any
[)nntry. Sir,
ly i« Ciiiifor
esourcc'S are
■e to herself
u't eautious-

(>n, to ur;;e
n for wliifh,
iislies.'

sign to be

ly resolved

d of oonse-

gn to give

:)tless have

the terrible

the oorriip-

is refer to,

dl, when it

y laid upon

ill the next

for to it at

nl with the

to pretend

saying that

Mr. Foote liad no design to wound feelingH — no intent to be diMrespeetful.
The oontrary was understood by every nenator at the time, and \a proved
by the words tlieniselves, and the ciivuinstanees under whieh they wcro
spoken, and there is no disavowal, distinet or indistinct, of |)ersonul disre-
sport to anybody.

" Tie; lialtiniore letter adinonishoH me not to make myself ' heir ' to a
family feud. The admonition woidd be unnecessary, even if it eame from
a source entitled to respect ; but, found where it is, it is both false and
impertinent. I make myself ' loir ' to no one's feuds. I begin none of
my own. I prefer to live in peace with the world. Ibit everybody will
see from the remarks of Mr. Foote in the Senate, in relation to iIk; bill I
brought in, and his letter to the Baltimore Sun, that it is intended to
make me ' hiir ' to his feelings towards (.'ol. Henton.

" I conclude this notice with giving .Mr. Foote's letter to me, in answer
to the note which I sent him by u friend :

" ' Senatb CnAMiiKR, AV//<. 23, 18.V).

*"Siu: I do not feel tliat I should l)e doing justice to myself, did I not,
in writing, (as I thought I did very explicitly last niglit, nrd/fj/), deny that
I said anytiiing denunciatory of tlie bill to which you refer, or of those
who introduced it. I was in favor of Mr. Ewing's amendment, and in
favor of the bill itself, provided his amendment could be incorporuted
■with it. This your colleague well knows. 1 said that certain views had
been expressed in the course of dei)ate upon that bill, and in support of
it, that if sanctioned by Congress would disgrace the republic. What I
meant was, that the estal)lishiuent of a Hoard of t'ommissioiuMs in Cali-
fornia for the adjustment of land titles, viithout the />riri/e(/e of appeal to
the Supreme Court of the United States, would, in my opinion, rc>ult in
scenes of corruption, and acts of injustice, which would be seriously
derogatory to the national character. So I think yet, and so 1 .shall
always think and .say.

" * If, after this statement, you persevere in the demand contained ia
your note, I shall certainly gratify you, though 1 shall, from eertaiu
prudential considerations, defer a Ibrmul acceptance of your proposiliou
until I can leave the District of Columbia.

" ' Your obedient servant,

" ' II. S. Foote.

'"Hon. J. C. FUKMONT.'

*' This was the letter received. It contradicts the .speech, denies tlio
denunciation and insult which the speech contains, and is itself contra-
dicted both by the actual words spoken in the Senate, and by the letter
to the Baltimore Sun ; and, although both of these are themselves untrue,
yet it is not for Mr. Foote to say so, or to impeach their competency to
invalidate the other. All three of these documents are given, and those

I'Vin

420

LIFl-: AND SKliVlCKS OF JOHN ('. FUKMoNT.

who plpftflo niny comjmro them, and sec how oiitin'ly thov I'oiivict onch
other. Tho letter to me, iiml the Htiitemeiit piililislietl l»y iVieiulM, would
liave lieen u quietus to the iifViiir with me, it' it hud not lieeii for the
Biiltimoro letter. The U'tter to mo, to be Hiire was iintrue ; but that wuh
not my alluir, provided iiothiii;^ more was written. But I expected
more — expected letterH injurious to me in tht; Jialtbnorc Siiv and the
J'/ii/(i(li/jihia Lcdifcr, and .so .said at th«^ time, atid ,so tlu' event han
verified — and tliat has forced me to make thi.s brief exitosition of the
threefold falsehoods of the premeditated attack upon me in tlie Semite,
its denial in a letter to me, and its insidious implied reiK'tition in tho
lialthintrt' Sun, by assertinf* that he retracted nothing.

*'To put the whole case into three words, it is this; Mr. Foote went
otit of his way when the subject was not before the Senate, to deliver u
deliberately considered insult and defiance to me — then denied the iu-
sult and defiance, and disclaimed all disrespect, in a letter to me — then
re-aflhnic<l, by inevitable implication, the same insult and defiance iu a
letter to the lialthnorc Suh, denying all retraction.

*' With this summing up of the ca.se and the precedent proofs, I leave
the afl'air to the judgment of the public.

(Signed) J, C, Fremont.

" September 30, 1850."

Senator Foote has never piihlicly, nor so far as we
know, privately, denied liis complicity witli the author of
the letter to the /Stui, nor did he ever in any way attempt
to alter the position of the case as it was left by Col.
Fremont's letter to the Baltitnore journal. In a fit of
intoxication he had done a wrong for which when he
became sober he was ashamed publicly to apologize.
Then to get credit for a triumph which he was not
entitled to, he gets another person to write what he
knew was not true. When convicted of both offences,
he doubtless came to the conclusion that the most
prudent course he could pursue towards Col. Fremont
for the future, was to let him alone.*

* The Albany Atlas, of that date, commenting upon this affair says : —
*' Senator Foote, of Mississippi, spent tho closing hours of the late ses-

IT.

DIFFICULTY WITH 8KNAT0U FOOT.

427

cotiviot Oftcli
rit'iidfl, would

hceii for tlio

Itiit llmt waH
L 1 oxpi'i'tod

Sit7i and tlii!
ic event liii.H
)sitioii of the
1 the Semite,
■titiuii ill tliu

'. Foote went
, to deliver a
enied tiie iu-
to me — then
Jeliuncc iu a

oofs, I leave

C. Fkemont.

far as wo
an til or of
y attempt
by Col.
n a fit of
when he
pologize.
was not
what he
offences,
he most
Fremont

eion of ('oii|,'res8 in pentung a rt'tniction to Senator Fremont for
gratuitous iimult rendered in debate.

"ItHeenifl that he ehosc to attribute Incorrupt private n)()tlvpH, the
Polieitude of Mr. Fremont to seeure tlie passii<re of the California Mining
Heffuliition bills. Called to aceount for sueli liin<,'uiif;e, and stigmatized
for itH use, he resorted to a blow. Challenged, he had reeour.-ie to
a letter of explanation and retraction.

''This seems to bo the tactics of the man — to give insult in puhlie, and
to make apologie-s for it in i)rivate. lie threatened Mr. Hale, on lu.s
ftcce.ssion to the Semite, that if he should be caught in his State, ho
would bo strung up to the first tree without law, and that he would a.ssist
in the execution; but he apologized to the New Hampshire senator in
private. He insulted Mr. Seward, if not as grossly, at least with as much
malignancy; but he deprecated the ill opinion of the New York senator,
and i)rivately cultivated a better acipiaintance, an his guest, at frequent
tea parlies. He insulted Horland, of Arkansas, was knocked down in the
street by him for it, ami aj)ologized — privately. He ' flared up ' at Clay
and Calhoun in the Senate, to fawn upon them servilely afterwards. Mr.
Benton was the oidy man upon whom ho could not j)lay this douitle game.
He had eulogized him, in this city, as the superior of Cicero and of
Burke, and as the greatest of statesmen. Ho maligned him after-
wards, in the Senate like a common drab. Afraid to eonie near the great
Missourian to apologize for insult, he kept himself privately armed, and
once drew a pistol on his adversary in the Senate, but retreated before
the mere frown of an unarmed man. Ue ends whore he began — in insult
and retraction.

" He doubtless expects that the fame of his public ruffianism will reach
his State, and that the story of his pliancy will remain secret. This
accounts for these alternations of bullying, hazarded in public, with mean
compliances in private.

*' Possibly the retracting senator of the repudiating State, in this course
but represents his constituency ; but we wi.sh, for the sake of the national
decency, that Mississippi would carry her peculiar system of ethics a
little further and retract or repudiate him."

air says : —
he late seg-

f }

ill

i n'

!i h

428

LIFE AND SERVICES OF JOHN C. FREMONT.

CHAPTEE XVII.

RETURN TO CALIFORNIA ILLNESS — CANPIDATE FOR RE-ELEC-
TION TO THE UNITED STATES SENATE — GOES TO EUROPE

PROJECTS HIS FIFTH AND LAST EXPLORING TOUR HIS

HARDSHIPS AND TRIUMPH LETTER FROM PARAWAN

PRAIRIES ON FIRE A CARELESS SENTINEL HUERFANO

BUTTE A CHEERLESS NIGHT FALL OF MULES DOWN THE

MOUNTAINS THREATENED BY INDIANS HOW THEY WERE

REPELLED — REDUCED TO EAT HORSE MExVT THEY SWEAR

NOT TO EAT EACH OTHER FREKZING, DKATH, AND BURIAL

OF FULLER DECLINES A PUBLIC DINNER IN SAN FRAN-
CISCO RETURNS TO WASHINGTON

Col. Fremont left again for California hj the steamer
which sailed lirst after the adjournment of Congress.
Upon leaving Panama he had another return of the
Chagres fever, whicii was so obstinate and enfeebling
that he was prevented from returning to AYasLhigton
the following winter. Meantime the Pro-Slavei_. party,
strengthened by all the influence of the Federal Admin-
istration, had acquired such a controlling influence in
California, that at the fall elections of ISol, the party
wliicli had advocated the proviso against Slavery in the
State constitution, and with which Fremont was identi-
fied, was no longer in the majority, ard a combination
was successfully made to prevent his re-election. The

NT.

FIFTH EXPEDITION.

429

R RE-ELEC-

EUKOPE

TOUR HIS

LRAWAN

IIUKUFANO
DOWN THE
HEY WERE
EY SWEAR
D BURIAL
A.N FRAN-

3 steamer
^ongi'ess.
n of the
nft^ebliiio;

isL Ino-ton

1 Admin-
uence in
lie party
ry ill tlie
.8 idonti-
binatioii
m. The

legislature went into an election of his successor in Febru-
ary, and after one hundred and forty-two ballotings, the
convention adjourned until tlie 1st of January follow-
ing, without making a choice. The candidates were
Fremont, T. Butler King, lleydenfelt, Geary, Weller
and Collier.

The next tw^o years Col. Fremont devoted mainly to
His private affairs. He took the preliminary steps
necessary to perfect his title to the Mariposas tract,
which he also surveyed and mapped ; resumed his old
business of cattle-drover, and in these pursuits gradually
repaired a portion of the losses which his private
interests had sustained while attending to public duties.

The negotiations to which his proprietorship of the
Mariposas property gave rise took him to Europe in the
spring of 1852, where he spent a year with his iamily,
mostly in Paris, and where he had the satisfaction of
observing that his fame had preceded him, and pre])ared
for him an extremely flattering reception from several
of the most eminent men of science and letters then
living.

At the close of the session of Congress in March, 1852,
through the good management of Senator Chase, an aj)-
propriation was made for the survey of three routes to
the Pacific ocean with the view of getting some further
information as a basis of legislation for a national high-
way between the Mississippi valley and the Pacilic
Ocean. When Col. Fremont heard of this, he deter-
mined to return, iit out an expedition on his own account,
and complete the survey of the route which he had taken
on his last expedition, from the point where he was led
astray by his guide, and which he believed he could
prove to be quite the best, if not the only practicable

430

LIFE AND SEKVICES OF JOHN C. FREMONT.

route for a national road. For this purpose he left Paris
for the United States, in June, and in August, 1853,
set out uj^on his fifth and last trans-continental expe-
dition.

Among the colonel's companions on this trip was
S. N. Carvalho, Es(i., of Baltimore, who went as the
artist of the expedition.

We have been permitted to inspect his journal and
correspondence, in which he has preserved graphic
memoranda of the most striking incidents of this most
perilous and eventful journey. The following extracts
are quoted from these records :

KXTRACTS FROM THE JOURNAL AND LETTERS OF S, N. CARVALHO.

" Wesfport, Kansas, Sept. loth, 1853.— To-day Col. Fremont, Mr.
Egbstein, Mr, Fuller and myself arrived at Westport from St. Louis.
We found the rest of the expedition here with the baggage and pro-
visions — Col. PVemont immediately selected a camp ground in a wood
near town, and had all the material conveyed there.

"20^A. — All hands slept in camp last night, and a storin of rain
drenched us, giving the uninitiated an inkling of what they had to
expect. During the day, different lots of mules and horses have been
brought in, from which Col. Fremont selected those he re(iuired. Holders
of animals took advantage of our necessities and charged two prices, to
which extortion we were obliged to siibmit.

"The men have all been armed with rifles, Colt's six-shooters, sheath-
knives, A-c. ; and tlie baggage arranged ready for packing to-morrow,
when we are to have a trial start. Col. Fremont to-day engaged ten
Delaware Braves, to accompany the expedition, under charge of Captain
Wolf, ' a big Indian.^

" They are to meet us on the Kansas River near a Potawatomie vil-
lage.

" 21st. — Branding the animals with Col. Fremont's mark having been
completed, we packed cir animals, mounted our men, and started in high
spirits. AVe proceeded about four miles to the Methodist Mission, and
camped. Finding several things more required we sent back to AVest-
port for tluMu. My daguerreotype apparatus was unpacked, and vieWt; of

ii'

eft Paris
ist, 1853,
:{il expe-

trip was
t as the

riial and
grapliic
lis most
extracts

iLHO.

inont, Mr.
8t. Louis,
and pro-
ill a wood

11 of rain
L'y liiid to
lave boon
Holdera
prices, to

s, sht'Hth-

•iiiorrow,

:iigod tea

t' Captain

toniie vil-

in;^ boeu
ill liigh
^ioii, and
to W(vst-
vi(nvb ol"

FIFTH EXPEDITION.

431

the Mission were made ; all the arrangements I had made for taking pic-
tures in the open air were perfectly successful.

*' 22rf. — We made an early start this morning, our camp equipage being
in complete order. Col. Fremont intends to accomplish tlie journey as
ppeedily as possible across the continent on a proposed line of 38. Ho
supplied the expedition with the necessary provisions as well as luxuries,
wliicli 'ho nature of the journey demanded, besides this seventy-two
barroli of ' Aidcn's pn rved milk, cream, cocoa, Java coffee,' and &c.,
were supplied by the manufaeturer for testing tlie nutritive qualities and
value during our voyage, from N. Y. I brought them into camp under
my charge. Tlicse preparations alone were sullicient to sustain the lives
of seventy men for a month. An extra mule was purchased on purpose
to convey them.

" We camped at Rhawnoe Mission, some twelve or fifteen miles from
our last camp. Colonel Fremont complains to-night of being indis-
posed.

" 23rf. — The illness of Fremont increasing, he has found it necessary to
return to Westport for advice. He left orders for the party to proceed
and join the Delawares who were awaiting us, at the distance of three
days' journey — when he expected to rejoin us.

" To-day we met our brave Delawares, all armed and mounted ; more
noble specimens of men in their natural state, do not exist anywhere.
Our party proceeded and camped near the Potawatomies, where we
remained several days.

*' Oct. 1st. — A messenger arrived with a letter from Colonel Fremont,
informing us that his increasing illness forced hiin to return to St. Louis
for advice. He counselled us to proceed as far as Smoky Hills and
encamp, where there was plenty of buffalo, and to send back ' Solomon,'
the Indian chief, who had accompanied him in a former voyage to West-
port, to conduct him to camp. He thought he would be with us in a
fortnight. This letter was addressed to Mr. W. H. Palmer, rcfpiesting
him to take the direction of superintending the expedition during '■their
encampment.'' We accordingly proceeded on the journey, under the
guidance of Capt. Wolf and his Delawares, on the 0th October. Wo
saw and killed our first buffaloes on the 7th. We encamped on the
Saline fork of the Kansas River, better known as ' Salt Creek,' where
there was abundance of grass for our animals.

" h)th. — * * * * Our Delawares brouglit into camp this evon-
an abundant supply of buffalo and antelope. The gentleman in charge
of the commissariat finds great dilBculty in preventing the muleteers and
those who.-e duty it is to perform the niaiiual labor of the camp, from
•onsuming unueo 'cSiry ([aantitio,-. of it.

tl!!!

r* I

432

LIFE AND SERVICES OF JOHN C. FREMONT.

" The result is, that the stores which wore intended to sustain us on
our journey are being wantonly and shamefully destroyed.

Oct. 30th. During the day, the sun was completely obscured by low, dark
clouds. The atmosphere was filled with a most disagreeable and suflbcating
emoke, which rolled over our heads. We were still encamped on tho
Saline fork of the Kansas River, impatiently awaiting the arrival of Col.
Fremont, who had not yet returned from St. Louis. Mis continued
absence alarmed us for his safety, and the circumstance that the prairies
had been on fire for several days past in the direction throu^^h which he
must pass to reach us, added to our anxiety. Night came on, and the
dark clouds, which overhung us like an immense pall, now assumed a
horrible lurid glare all along the horizon. As far as the eye could reach,
a belt of fire was visible. We were on the prairie, between Kansas
River on one side, Solomon's Fork on another, and Salt Creek on the
third, and a large belt of woods about four miles from camp on the fourth.
We were thus completely hemmed and incomparatively secure from
danger. Our animals were grazing near this belt of woods the day
before, and when they had been driven into camp at night, one of the
mules was missing. At daylight a number of Indians, the Topographi-
cal Engineer (Mr. Eglostein), and myself, sallied out in search of it.
After looking through the woods for an hour, we discovered our mule
lying dead, with his lariat drawn close around his neck. It had become
loose, and trailing along the ground had become entangled with the
branches of an old tree, and in his endeavors to extricate himself he was
strangled. We were attracted to the spot by the howling of wolves, and
we found that he had been partially devoured by them. Our engineer,
who wanted a wolf-skin for a saddle-cloth, determined to remain to kill
one of them.

I assisted him to ascend a high tree immediately over the body
of the mule, untied the lariat, and attaching his rifle to one end of
it, he pulled it up to him. The rest of the party returned to camp.
About four o'clock in the afternoon, he being still out, I roasted some
buffalo meat and went to seek him. I found him still in the tree, quietly
awaiting an opportunity to kill his wolf. lie declined to come down. I
told him to what darger he was exposing himself, and entreated him to
return to camp. Finding him determined to remain, I sent him up his
supper and returned to camp, expecting him to be in at sundown. The
prairies were now on fire just beyond the belt of woods, and through
which Col Fremont had to pass. Becoming alarmed for Mr. Eglostoin,
several of us went to bring him in. We found him half way to camp,
dragging by the lariat the dead body of an immense wolf, which he

NT.

sustain us ou

(1 by low, dark
ind sullbcating
iiiuped on tho
vrrival of Col.
His continued
it tlie prairies
m]^\i which he
le on, and the
ow assumed a
c could reach,
twcen Kansas
Creek on the
on the fourth.

secure from
oods the day-
It, one of the
e Topographi*

search of it.
red our mule
t had become
gled with the
limself he was
)f wolves, and

)ur engineer,
remain to kill

er the body

one end of

led to camp.

roasted some

! tree, quietly

mie down. I

eated him to

t him up his

iidown. The

and through

Ir. Eglostoin,

vay to camp,

If, which he

rUAmiES ON FIRE.

433

had shot. We assisted him on with his booty as well as well as wc could.
My "guard" came on at two o'clock. I lay down to take a three lioura'
rest; when I went on duty, tho scene that presented itself was sublinio. A
breeze had sprung up which dissipated the smoke to windward. The full
moon was shining brightly, and tlie piles of clouds which surrounded iior
presented magnificent studies of light and shadow which Claude Lorraine
so loved to paint. The fire had reached the belt of woods, and had already
burned part of the tree our friend had been seated on all day. The fire on
the north side had burned up to the water's edge, and had there stopped.
The whole horizon now seemed bounded by fire ; our Delawares by tliis time
had picket-^d all the animals near the creek we were camped on, and all tho
baggage of the ciimp safely carried down the banks near tlie water. When
day dawned, the magnificont woods which had slieltered our animals now
appeared a forest of black scathed trunks. Wlien the fire gradually
increased around us, we dared not change our ground : first, because we saw
no point where there was not more danger than where we Avere : second, if
we moved away, the Indian chief, Solomon, who, after conducting us to
the camp-ground we now occupied, had returned to guide Col. Fremont,
would not know exactly where to find us again. Just after break-
fast, one of the Delawares gave a loud whoop, and pointed to
the burning prairie before us, where, to our great joy, we saw
Col. Fremont, followed by an immense man, who proved to be the
doctor, on an immense mule, and the Indian chief and his servant,
galloping through the blazing element in the direction of our camp.
Instantly, with one accord, all the men discharged their rifles in a volley ;
our tents were struck, and we wanted to make a signal for their guidance.
We all reloaded, and when they were very near, we fired a salute. Our
men and Indians immediately surrounded Col. Fremont, with kind
inquiries after his health. Xo father who had been absent from his
children could have been received with more enthusiasm and real joy.
To reach us, he had to travel over nearly fifty miles of country which
had been on fire ; the Indian trail which led to our camp from Solomon's
fork being obliterated, it was most difficult and arduous to fqllow it; but
the keen sense of the Indian directed him under all difficulties, directly
to the spot where he had left us.

" During the balance of the day we put the camp in travelling order.
With the arrival of the colonel our provisions had received considcrahlr-
additions, more in fact, than he had any good reason to suppose we had
consumed during bis absence. During the night the fire crossed the
Kansas River, and was directly approaching our camp. At day-light our
animals were all packed — the camp raised, and all the men in their sad-

III'!

ii : lii

:i!i

ili

;■!

«i!!l

! II!

I i

1 1

i'li!:':

IJM

434

LIFE AND SERVICES OF JOHN C. FREMONT.

dlcp. Our only cpcape was tlirough the blazing grass, — we dashed into
it, Col. P'reniont at the head, his oHicers following, while the rest of the
party wore driving up the baggage animals. The distance we rode
through the blazing tire could not have been more than one hundred
feet — the grass which quickly ignites, as quickly consumes, leaving only
))lack nshcs in the rear. We passsed through the fiery ordeal unscathed ;
made thi't day over the burnt prairie about fifteen miles, and camped
for tiie night on the dry bed of a creek, beyond the reach of the devoui-
ing clement. ***»**»

" Walnut Creek Camp. — The weather is very cold and disagreeable-
One of the oflieers on guard left the animals and came into camp to warm
himself, — Col. Fremont saw him at the lire and asked if he had been
relieved ; he said, ' no.' Col. F. told him that he expected him to travel
on foot during the next day's journey.

" From being unacjustomed to a life among the Indians, I thought
the punishment very severe ; but the sequel vindicated the justice of it.
When the animals were driven to camp in the morning, five horses and
mules were missing ; half +he day was spent in an unsuccessful search for
them. Our Delawares reported Cheyenne moccasin tracks in the vicinity,
which led Col. Fremont to follow them, they being also on the line of our
travel ; he soon discovered the marks of horse shoes, which proved that wo
were on the track of the robbers. (The Indian horses are never shod.) We
crossed the divide, to the Arkansas, and followed up that river a consi-
derable distance to " Big Tombee " where there was a Cheyenne Indian
villa "^e. Here wc found the animals as well as the thieves. On examin-
ation they confessed that they had watched our camp until the man left
his guard to warm himself by the camp fire, during which time they took
the opportunity to run oft' five animals, and if they had been unguarded
a half hour longer, they would have stolen the whole of them.

" Thus the lives of the whole party were jeopardized by the inconsi-
derate conduct of this sentinel. We were about four hundred miles
from the frontiers, at the commencement of a most inclement winter.
Had we lost our animals, we must have perished, exposed as we were on
those vast prairies to bands of Pawnee, Caraanche, and other hostile
Indians.

" The party proceeded to Mr. Bent's House, a few miles further, where
we camped. Col. Fremont intended to procure fresh supplies of pro-
visions at Bent's Fort ; but the Indians had destroyed and sacked it. Mr
Bent had saved some sugar and coffee with which he kindly supplied us.
Here all the men were provided with fresh animals preparatory to ascend-
ing the immense mountains now in sight. An Indian lodgo sufficient to

TT.

'fflE FIFTH EXPEDITION.

435

e dashed into
le rest of the
nee we rode
one hundred

leaving only
il unscathed ;

and camped

f the devom-

disagreeable.
;ainp to warm
he had been
him to travel

ns, I thought

justice of it.

fc horses and

ful search for

n the vicinity,

lie line of our

roved that wo

er shod.) We

river a consi-

yenne Indian

On examin-

the man left

me they took

;n unguarded

the inconsi-
undred miles
uent winter,
we wore on
other hostile

arthcr, where
plies of pro-
cked it. Mr

supplied us.
ry to asceud-

sulFioicnt to

shelter our whole party, with a small one for Col. Fremont, together with
a buffalo robe for each man, and buiTalo robe overshoes, moccasins. &c.,
were also provided by Mr. Bent.

" We remained here several days, which gave me an opportunity to
daguerreotype and sketch interesting scenes at the Cheyenne Village.
About the 26th November we started for the mountains.

" After crossing the Huarfano River, we saw the immense pile of
granite rock which rises perpendicularly to the height of four or five
hundred feet from a perfectly level valley ; it appeared like a mammoth
sugar-loaf, (called the Iluarfano Butte). Col. Fremont expressed a desire
to have several views of it from different distances ; the main party pro-
ceeded on the journey, leaving under my charge the mules which carried
our apparatus, and also the blankets and buffiilo robes of the whole
camp, it being necessary, in order to equalize their weiglit, to distril)utc
the different boxes on three or four animals. Mr. Eglostein, Mr. Fuller,
and two Delawares remained with me. To make a daguerreotype view
generally occupied froiji one to two hours — tlie principal part of that
time, however, was occupied in opening the apparatus, an(' repacking
and reloading the mules. When wc came up to the Butte, Mr. Fuller
made barometrical observations at its base, and also ascended to the top
to make observations, in order to ascertain its exact height. This took
considerable time, and when we had completed our Avork, we found that
we were four hours behind camp, which was equal to twelve miles. Wc
followed the trail of our party, through the immense fields of artimcsia,
until night overtook us. We travelled until we could no longer distin-
guish the trail.

" We discharged our arms as a signal to our camp — they answered us
by firing off their rifles, but the wind being then high, wc could not
determine their exact distance or position. When taking counsel together
we determined to encamp for the night on the side of a mountain covered
■with pines near by. We soon had a large fire burning, for the weather
was intensely cold and disagreeable ; but upon unloading our animals we
found that we had with us all the blankets and buffalo robes of the camp,
but nothing to eat or drink, the night was so dark that although not more
than half a mile from a creek, we preferred to suffer from thirst rather
than incur fresh danger which might lurk about it. I had with me three
tin boxes containing preserved eggs and milk, but I preferred to go sup-
perless to bed rather than touch the small supply which I had, unknowu
to the rest, carefully hid away in my boxes to be used on some more press-
ing occasion. Our absence was most keenly felt by the camp for they
had to remain up around their fire all night, not having anything to sleep

J I

' :i i!

|¥ !■' IIP

iii;

ill

'■K\\

436

LrFE AND SERVICES OF JOFiN C. FREMONT.

on. Wo also watched all night fearful lest our animals should stray away
or that we should be attacked by Indians. At day-dawn we reloaded our
animals, found our lost trail, and we soon met some of our party wliom
Col. Fremont had sent out to find us; when we got to the camp they were
all ready for a start awaiting us. A delicious l)reakfast of venison and
buffalo, pot-pourri had been prepared, and we discussed its lucrita with
an appetite sharpened by a twcnty*four hours fast.

" We entered the San Luis valley through the Sand Ilill Pass, which
was admirably adapted for railroad purposes. We continued through the
valley of the Rio Grande over the Sarawatch mountains into the Sara-
watch valley, through the Cochatope Pass, on the summit of which we
found but little snow. Our road lay through a forest oC trees still in foli*
lage, with immensely high mountains of snow on either side of the pass.

" From the top of the highest I made daguerreotype panorama of the
continuous ranges of mountains which slumbered at my feet covered with
their everlasting mantle of snow in which we were destined to suffer so
many privations.

" Several days after we came down from the pass, it became necessary
to ascend a steep mountain covered with from two to throe feet of snow.
When we were about half way up, the foremost baggage mule lost hia
balance and fell down, carrying with him nearly all the party, who might
have been seen tumbling head over heels down the mountain, a distance
of several hundred feet. I was thrown from my horse, and remained
up to my head in the snow, but my horse was rolled over to the very
bottom, where I found him unharmed. One horse and one mule were
killed on the spot.

"After descending a very steep mountain on the deep snows of which
we passed the coldest night I experienced during our journey — ther-
mometer at daylight, being near 30^. We camped on a creek fringed
with willows, and mterspersed with cottonwood; the country indicating
that there might be game about, our Dela wares sallied out in quest of
some. We at this time were on rations oi' meat, biscuit, and had killed
our first horse for food ; towards night our hunters returned and brought
with them the choice parts of a fine fat young horse, that they had
killed. He was one of three or four v,ild ones which they discovered
grazing some four miles from camp. Our men, in consequence, received
a considerable addition to their stock of provision, which when cooked
proved mucli more palatable tliiin our l>i'ok"n down horses.

"The JJclawares also discovered recent foof-prints of Utah Indians.
This inlbrm:Uion caused Col. Fremont to doulde the (juard and examine

)NT.

DLSCIl'LINE UK TIIP: CAMP.

437

)ulcl stray away
'c reloaded our
ir party wlioin
am|) tliey were
)f venison and
its merits with

ill Pass, which
cd throui^h the
into the Sara-
it of which wo
CCS still in foli*
Ic of the pass,
norania of the
;t covered with
id to aulVer so

anic necessary
3 feet of snow.

mule lost his
rty, Avho might
aiii, a distance

and remained
to the very

ne nmle were

lows of which
ourney — thcr-

creek fringed
itry indicating
ut in quest of
md had killed
i and brought
hat they had
ey discovered
ence, received

when cooked

Utah Indians.
I and examine

the arms of tho whole party, who hitherto had been warned by him of
the necessity there was for keeping them in perfect order. Suddenly it
occurred to me that my double barrelled gun might be out of order ; I had
used it as a 'walking stick,' in descending the mountain; that day
tl'.c snow was so deep that I was ol)liged to resort to that course, to
ascend myself. I quietly went to the place where I had laid it down,
and attempted to lire it off — both caps snapped; the quick ear of Col.
Fremont, heard the cap explode. He approached me very solemnly and
gave mo a lecture, setting forth the consequences which might have
resulted from a sudden attack of the Indians, on our camp. ' Under pre-
sent circumstances, Mr. Carvalho,' he said, ' I shcdd have to fight for
you.' Ilis rebuke was merited, and had its effect throughout the camp,
for all the men were most particular afterwards in keeping their arms in
perfect order. We travelled that day nearly twenty ndles, and encamped
in an Utah Indian village, containing a large number of lodges and
probably several hundred persons. The men were mostly armed with
I'ifies, powder-horns, and also with their Indian implements of warfare.
On our mules was packed the balance of our ' fat horse ' of the night
before. These Indians received us very kindly, and during the evening we
exposed our wares, viz. : — Blankets, knives, A:c., which we brought along
to conciliate the Indians, and also to trade with them for horses and
venison. Wc made several purchases, &c. — About 9 o'clock after plac-
ing double guard round our animals, and while we were regaling on fat
deer meat, loud noises were heard approaching the camp. We soon dis-
tinguished the voices of women in bitter bewailment. I thought it was a
religious ceremony of burial, or something of the kind. Col. Fremont,
requested me to see from what it proceeded ; I found the procession of
the whole Indian camp; the warriors all armed, headed by a half-breed
who had been some time in Mexico, and had acquired a smattering of
the Spanish language, who acted as interi)reter — understanding SpanLsh,
gleaned from him that the horse our Delawares had killed, the evening
before, some 20 miles away, belonged to one of the squaws, who valued
it very highly, and demanded payment. On informing Col. Fremont,
who had denied himself to the Indians, he remarked to the women we
had no right to kill it without remunerating her for it, and he deputed
the person in charge of the baggage, to give them what was right.
Having seen ou^ assortment, they wanted a part of everything we had,
including a keg of gunpowder. To this demand. Col. P'remont gave an
absolute refusal, and at the same time, expressed his desire that the men
should not sell, barter, or give away a single grain of gunpowder, on
pain of his severest displeasure. The Indians then threatened to attack

: I

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438

LIFK AND SKRVIOKS OF JOHN C. FliKMONT.

lis. Col. Fremont clcfieil t'.icin. After coiiHidc ruble ])iitlpiice, we siio-
ceeded in piuilyin},' tlieiu and seiidiiif^ tiieiii oil". It wa.s now daylif^ht.
We repackod our animals and raistnl camp. At the end of our day's
journey, we found ourselves on the Grand Uiver, thirty miles from our
last camp. Winle at supper, tlie guard on the look-out gave the alarni
that Indians were approaching. The word was given to arm and prepare
to receive them.

About fifty or sixty mounted Utah Indian warriors, all armed with riflea
and bows and arrows, displaying their powder-horns and cartouch-boxes
most conspicuously, their horses full of mettle and gaily caparisoned,
came gulluping and tearing into camp. They also had come to be com-
pensated fur the horse which had been paid for the niglit before. They
insisted that the horse did not belong to the woman, but to one of the
Indians then present, and threatened if we did not pay them " a great deal
of red clolh and blankets, knives, powder," &c., they woidd I'all u|)on us
and massacre the whole party. On these occasions. Col. Fremont never
showed himself, which caused the Indians to have consitlerable more
respect for the Groat Captain, as they usually called him ; nor did he
ever conununicate directly with them, whicn gave him time to deliberate,
and lent a mysterious importance to his messages.

Very much alarmed, I entered Col. Fremont's lodge, and told him their
errand and their threats. He at once expres.sed his determination not to
submit to such imposition, and at the same time laughed at their threats.
I could not comprehend his calnmess. I deemed our j)o.sition most
alarming, surrounded as we were by armed savages, and I eviilently
betrayed my alarm in my countenance. Col. Fremont, without ajipareutly
noticing my nervous state, remarked that he knew the Indian character
perfectly, and he did not hesitate to state that there was not sullicicut
powder to load a single rifle in the possession of the whole tribe of Utahs,
" If," continued he, " they had had any ammunition, they would have
surrounded and massacred us, and stolen what they now demand and are
parleying for." I at once saw that it was a most sensible deduction, and
gathered fresh courage ; the general aspect of the enemy was at once
changed ; and I listened to his directions in a very different frame of
mind than when I entered. lie tore a leaf from his journal, and
handing it to me, said : " Here, take this, and place it against a
tree, and, a distance near enough to hit it every time. Discharge
your Colt's navy six shooters — fire at intervals of ten to fifteen
seconds — and call the attention of the Indians to the fact that it
is not necessary for white men to load their arms. I did so. After
the first shot, they pointed to their own riflea, as much as to .say

>N'r.

OATH AGAl^'ST CANNIBALISM.

43U

eiic(>, wo siie-
iiow (l;iylif,'lit.
1 of our (lay's
iiik's IVoiii our
ivo th(! aliirm
n unci prepiiro

10(1 with rifles
iirtoucli-hoxcs
Cttparisone(J,
no to be eoni-
>oforo. They
to one of the
"u f,M'Oiit (leal
1 I'all upon us
'oinont never
lerable more
nor (11(1 he
to deliberate,

iW him their

uition not to

'heir threats.

i.sltion most

I evidently

It apparently

!in eharaeter

lot sullicieut

be of Ulahs.

would have

and and are

luction, and

vas at once

it frame of

ournal, and

t against a

Discharge

to lifteen

iict that it

so. After

as to 3a,v

they could do th(^ same (if they had happened to have the powder.)
I, without lowering my arm, fired a second shot; this startled them.
I (lischarg(Ml it a third time; their curiosity and ama/'Miicnt was
increased; tlie fourtii time I placed llie pistol in llie hands of tli(> chief,
and told him to discharge it, which he did, hitting the paper and making
another impression of the bullet. Tlie lil'th and sixth times two other
Indians exploded it ; having discharged the six, it was time to replace
it in my l)elt. I had another om; ready loaded, which I dexterously sub-
stituted, and scared them into tiic acknowledgment that they were all
at our mercy, for we could kill them as fust us wc liked, if we were so
disposed. After this exhibition, they forgot their first demand, but pro-
posed to exchange some of their horses fur blankets. We ell'ected a
trade for three or four a[)parently sound strong animals — which in a few
days proved utterly worthless, having gone so lame that we had to kill
them for food. The Indians asked to remain in camp as it was then near
dark, and they had ridden thirty miles. Col. J'remont assented, but on thia
occasion, eleven men were on guard at one time, all armed. The Indians,
who no doubt waited in our camp to run our iiorses otf during the night,
were much disappointed in not having an opportunity. They quietly de-
parted next morning, while our whole camp listened to the energetic ex-
clamation of Col. Fremont, that the ' Price of safety is eternal vigilance.'

" At last we are drawn to the necessity of killing our brave horso
for food. To-day the first sacrifice was made. It was with us all a
solemn event, rendered far more solemn however by the impressive
scene which followed.. Col. Fremont came out to us, and after referring
to the dreadful necessities to which his men had been reduced on a
previous expedition, of eating each other, he begged us to swear that in
no extremity of hunger would any of his men lift his hand against or
attempt to prey upon a comrade ; sooner let him die with them than live
upon them. They all promptly took the oath, and threatened to shoot
the first one that hinted or proposed such a thing.

" It was a most impressive scene, to witness twenty-two men on a
Biiowy mountain, with bare heads, and hands and cy(!3 upraised to
Heaven, uttering the solemn vow ' So help uie God I' — and the valley
echoed, 'So help mo God!' I never, until that moment, realizcil the
awlul situation in which I was placed. I remembered the words of the
Psalmist, and felt perfectly assured of my final safety. Tiiey wandered in
the wilderness in a solitary way ; they found no city to dwell in. IJum/ry
and thirsty their soul fainteth within them, and they cried unto th« Lord

in their trouble and he delivered them out of their distresses.*

********

V, I

') n

IK)

I. IKK AND HKUVU'KH Oh' JOHN V. I-UKMONT.

•P

"Wliriiiiii iiiiliiiiil fjiivo (>ii(, lit' wnH n)H>t (I<>wn l»y tin- linliiuis, wlio
iiunicilinlclv nit lii-^ lliimil, mimI niivciI nil llic Mnoil in (tiir iiiinp kftllc.
'I'lii^ iiiiiiiiiil MiH (liviiii'ii iiilo l\M'iil\ -l\\(t |Miit'i. Two |i;irl 1 Inr Cnl. Kri'-
iiiont Mild liix roolt, li>ii |i:nN Inr llii> witilr niiH|i, iiml Ini \\n\\H lur llii>
IlidiiMis. ('ol. I'lciMitiil liillicito imsscd witli Ids nllicns ; iil lld.^ linn< lie
riM|iu>Nl('d (lull llii-v Miiidd *<\t'ii<i> Idin, us it ^'iivo liiiii pidii, Mtid ciiIIimI In
luind till- Imirildf sri'iicM « hitli liiid Ihtii ninrlrd diiiin;; Ids Inst cxprdi-
linti lu' roidd not Ht'o Ids olVucrs «)ldi;;i'd to jiaituKc ol' sufli disguslinf;
(nod.

"Tilt- lulc lit< adopted wns tliiil oiii« ludnial sliould serve loi* HIX liiPiiN
lor tli<' «lioU< puily. Il'oiie guvc out. in llic mennliisie, of (MMirse il wiH
ui\ e\eeptioii ; Iml otiierwise, on no eonsideriilinii was an animal to ho
blnii^dilered, lor, «>veiv oiu> tlial was Killed, placed a man on Inot, and
lindted vwv elianees of eseape IVnin our present silnation. H the
men elH>se to eat up tlieir six meals all in one day, tliey woulil
have to ^»t without until the lime arrived lor Killiiif; another. It
t'reiiueully happened that tlu' while eanip was willmul limd Iroin
Iwenty-tovir to thiity si\ hours, widle Col. Fremont and the PelawarcH
always had a meal. The latter relijfiiuisly ahstained iVom eueroaeli-
\i\^ on the portion allotted lor another meal, while many men ol' our
eam]). 1 may say all <d' them, not eontent with their luution, woiihl, to
falisly the eravinj;-^ of hun}:er, surreptitiously purhdn Irom their pilo of"
meat, at ditVereut times, sundry jiieees, thus depriviiif; thenistdvea ofciieh
other's allowauee. My own sense »>!' rij;ht was so subdued hy the HulVor-
in_e;s I endm-ed hy hiiUf^er, and walUiuf;; almost, harelooteil throu^di tlio
BJiow, that while ivtunj; to jruard (uie idfjjht, I stole a pieee of Irozeii horso
liver, ate it raw, and (hotight it, at (ho lime, the most delieioiis morsel I
over tasted.

" The entrails ol' th(> horse were ' well shaken' (for we had no water
to wash them in) and hoiled with snow, prod\U'iu<x a hij^hly llavcu-ed
KO>;p, whieh the men eiuisiderod so valuable and didieious that they I'or-
hatle the eook to sKim the pot t'tu' I'ear any portion ol' it mi^lit he lost.
The hide was dividtMl into oiiual portions, and with the Iioiu's roasted and
burnt to a crisp. This we nnu\ihed (Ui the road ; but the men not being
gatislied witli the d.ivision of the meat by the cook, nuide him turn hi.s
back, while another took up each sliare separattdy, and iiupiired who
slu>uld have it. When the snows admitted it wo collected the thick
loaves of a species of cactus which wo also put in tlu' fire to binn olf the
prioklos, and ate. It then resembled in taste and nourishinont an Irish
potato poorui<r. Wo lived in this way for nearly fifty day.>^, travelling
from Grand Kivor across the divide to (irocn Kivor, and over the lirst

ilr ^^

DKAIII OK I'lr.f.l.K.

NT.

IllllillllM, >vIm»

r riiiiip kcflli>.

H Itll" ( 'ol. I'Vc-

piutH (ur ||i(<

It iIiIm linii' Ih<

1111(1 I'tlllcil It)

in Inst <'X|KMli-
rli (lisf,'nsliiif;

' lor six iiiciih
(UMisc it was

niiiiiial lo Imi
on loot, iiinl

ioii. It' till'

llicy wotilii

niiollicr. It

I Inncl I'loiri

1h> l*('liiwai'('H

Mil ciiiToacli-

iiicii of (nir

on, would, to

llii'ir pilo of.

iflvcH ofracli

liy lli(> HuH'or-

tliroi)<,'li ilu^

iVo/.t'ii liorso

>iis nioivs(>| I

ad no water
lily liavornl
lilt (lu>y I'or-
i;L;lit bo lost,
roasted and
'11 not iicinj;-
lini turn liis
uiuircd who
1 the thiclv
Mini oil' tlio
Mit an Irish
\ travelling
vor the lirst

rnnffo of the WaliNadi MouiilaifH, on foot, Ctd. Fremont nt onr lieail,
tramping a pntliway lor IiIm men ((dolhnv. lie, um widl as the rest of tlin
parly, (owardn the lant were entirely liarel'oot— HOin(> ol'tliein IiimI ii pieeo
of niw hide on their leet, wliii h, however, liiToniinj' hard and slilVliy the
frost, made Ihein more MneomrorlMldi' llniti walKini; wilhont. any.

" AlMMit the end of-lannary wr' eroH^id the (Ireeii llivi-r, and entered
npon a eonntry liarri'ii and stiiih' to a, de^^'iee, over whicli we lriive||e(l
until wo ^ot lo the liase ol the Wiihsach monnlaiiiH,

" /'rliriiiiri/ \nl. VcHterday Mr. Oliver Knller, ofSr fjoui-i, who had lieen on
foot for some weeks, suddenly ^ave (Mit, Our engineers and myself werf^
with him. lie found himsidf unalde to pioeeed the snow was very deeji,
Hiid Imh feet were loidly IVozeii. lie insisted that we should leuvi! him,
Itinl hasten lo niiiip for rtdief ; not liein^ iiMe to render him any aH.siH-
tnnci! I>y lemainin^, we wrapped his Idankets around him and left liini on
llie trail. In vain we searched for material to liuild him a lire -nothing
waH visiltle hill, a wild waste of hiiow ; we were also hadly crippled, and
w(f did not arrivrt in camp unlil ten o'clock at ni;;ht at which time it;
began nnowing furiously.. We told (/'ol. Fremont rd' .Mr. Fuller'n HitiiatioD,
when he sent ii Mexican mimed Frank, with the two best animal.s and
cooked liorHcnieat, to l>ring Mr. Fuller in. There was not a dry eye in
the wliol(> camp that night -tin; iikmi sat U[) anxir)U.sly awaiting tin; rcturu
of our companiiMi.s. At daylight they being still out, (Jol. Fremont sent
three Delawares mount(Ml, to look for them -about ten o'clo<;k one of
them returned with the Mexican and two mules. Frank waH badly frozen
bo had lo.4t tln^ track, and bewildere(| and cold, ho sank down holding on
to the aiiimal.s, wluM'e In; wa.s found by the Delaware during the afternoon.
The two I)elaware.s .supporting Mr. Fuller were, neen aii[»roacliing. He
wuH found nwak<; but alino.st dead from the cold and faintness. ('ol.
Fremont [lersonally rendered him all the assistance in his pf)wer. Ho did
all of u.s — for he was beloved and respected by the whoh; cam[) for his
gentlemanly behavior and his many virtue.^. (Jol. Fremont remained at
thi.s dreary place, noar three days to allow [)oor Fiilh^r time to recruit —
and aflerward.s a.'^.signed to him the best niulo to carry liim, while two of
the nicMi walked on either .side to supr)ort him, A portion of our .scanty
lood was appropriated at every meal from (.'ach mari'.s portion to make
Mr. Fuller's larger, as he reciuired .sustenance more than they diil. On
the 'Jth February, almo.st in sight of succor, the Almighty took him to
himself: ho died on iior.seback — hi.s two companions wiafiped him in lii.s
India rubber blanket and laid him across the trail. We arrived next
day at Farawan. After the men had rested a little, we went in company
with three or four of the inhabitant.^ of Palawan, to bury our deceased
friend. Mis rcmninR had not been disturbed during our ab.<ience.

: ii

■% ;.:

I- i I

} :i'

i! , l;

I'll

■i

■
t

.■;ri 1
'it' ,

■1

(:
'l

LIFE AND bEKVICKS OF JOHN C. FREMONT.

*' When wo. arrivcil lU Tarawan the Mormons treated us very kindly,
and several of flioni told inc if the,, had known of our situation they
would have hastened to t)ur assistanee. My illness prevented my accom-
panying (Jol. Fren\ont on the 21st of February ; 1 followed about throe
months after, on his trail of IS 14 and arrived at Los Angeles in June,
thence hv steamboat to San Francisco where I again met our late leader."

Col. Benton, speaking of tin's last expedition of Col.
Fremont, says, "lie went straight to the spot where
the guide had gone astray — followed the course des-
cribed by the mountain men and found safe and easy
passes all the way to California, through a good country,
and upon the straight line of 38 and 39 degrees."

Though the result of this expedition, was so satisfac-
tory, the processes b}'- M'hich it was reached were any-
thing but satisfactory. Nothing was heard of the party
in the United States until three months after their depar-
ture. That came through Col. Babbitt, the Secretary of
Utah Territory. On the 8th of February, 1854, four
days' journey from Great Salt Lake, on his way to
Washington with tlie United States mail, an Indian
came to his camp and said that he had just met a party
of Americans who w^ere " veiy hungry." Babbitt soon
overtook t^'.e party, and found it consisted of Col. Fre-
mont and his companions. They had lived iit\y days on
horse-llesh, and for the last forty-eight hours had been
without food of any kind.

Col. Babbitt, who was then on his way to San Fran-
cisco, wished Fremont to go directly there with him,
but he refused, notwithstanding the enfeebled condition
of his l)arty, because he had not yet completed his
surveys, and he was determined never to return witliout
them. lie therefore held on his course the next day,
having lirst written the following letter, w'hicli he

i 4 I

1 I

m'.

LETTER FROM COL. FREMONT.

443

3 Tcry kindly,
situation they
ed my accorn-
d about three
olos in Juno,
.' lute leader."

on of Col.
pot wliere
Diirse des-
5 and easy
1 conn try,

3S."

:) satisfac-
u'ere any-
tlio party
eir depar-
crctary of
854, four
s way to
m Indian
it a party
)bitt soon
Col. Fre-
}' days on
had been

m Fran-
itli him,
condition
eted his
I witlioiit
icxt day,
'liicli he

requested Col. Babbitt to hand to Col. Benton as soon
as possible.

" Parawas. Iron CorNTT,* )

"Utah Tkhkitohy, /''tl/. 9, l^M. j

" Dear Sir : I have had the good Ibrtunc to meet here our friend
Mr. Babbitt, the Secretary of the Territory, who is on his way to Wash
ington, in charge of the mail and other very interesting dispatches, the
importance of wliicli is urging him forward with extreme rapidity, lie
passes (Iire<:tly on this morning, and I have barely a few moments to givo
you intelligence of our safe arrival and of our general good health and
reasonable success in the object of our expedition.

" This winter has happened to be one of extreme and unusual cold.
Here, the citizens inform me, it has iieen altogether the severest since the
settlement of this valley. Conse([uently, so far as the snows are con.
cerned, the main condition of our exploration has been fuliHled. We
entered the mountain regions on the Huerfano River on tiie 3rd of
December, and issued from it here on the 7th of this montli, arriving
here yesterday afternoon. We went through the Cochatope Pass on
the 14th December, with four inches — not feet, take notice, but inches —
of snow on the level, among the pines and in the shade on the summit of
the Pass.

" This decides what you consider the great question, and fulfills th«

leading condition of my explorations ; and therefore I go no further into

details in this letter.

"I congratulate you on this verification of your judgment, and tht

good prospect it holds out of final success in carrying the road
by this central line. Nature has been bountiful to this region, in accu-
mulating here, within a few miles of where I am writing, vast deposits
of iron, and coal, and timber, all of the most excellent quality ; and a
great and powerful interior State will spring up immediately in the stepa
of the Congressional action which should decide to carry the road
through this region. In making my expedition to this point I save nearly
a parallel of latitude, shortening the usual distance from Green River to
this point by over a hundred miles. In crossing to the Sierra Nevada I
shall go direct by an unexplored route, aiming to strike directly th«
Tcjon Passes at the head of the San Joaquin valley, through which in
1850, I drove from two to three thousand head of cattle that I delivered

•^Valley of the Parawan, about CO miles east of the mendows of
Santa Clara, between 37 and 88 degrees of north latitude, and between
113 and 114 degrees of west longitude t elevation ab ova the ee* aboul
6,000 feet.

vf^

.1)1'^ 1-

!! :

:i«

I !

|l|l'

:;■!;

' nil';'
ii! :;

■i

444

LIB^E AND SERVICES OF JOHN C. FREMONT.

to the Indian Commissioners. I shall make what speed I possibly can,
go'wrr light, and abandoning the more elaborated survey of my previous
line, to gain «^peed.

" Until within about a hundred miles of this place we had daguerre-
otyped the country over which we passed, but were forced to abandon all
our heavy baggage to save the men, and I shall not stop to send back
for it. The DoUiwares all came in sound, but the whites of my party
were all exhausted and broken up, and more or less frost-bitten. I lost
one, Mr. Fuller, of St. Louis, Missouri, who died on entering this valley.
He died like a man, on horseback, in his saddle, and will be buried like a
soldier on the spot -.vhere he fell.*

'•I hope soon to Bee you in Washington, Mr. Babbitt expects to see
you before the end of March. Among other documents which he carries
with him are the maps and report of Captain Gunnison's party.

"Sincerely and affectionately,

"John C. Frkmont.

"Col. Benton, Washington,

"P. S. — This is the Little Salt Lake settlement, and was commenced
three years since. Population now four hundred, and one death by sick-
ness since the settlement was made. We have been most hospitably
received. Mr. Babbitt has been particularly kind, and has rendered rae
very valuable assistance."

Col. Babbitt reported in San Francisco that the
chances were against the party ever coming through,
they were so enfeebled. In this, however, he had mis-
calculated the energy and resources of the man who
conducted it, though he did not exaggerate the difficul-
ties which were to be met and overcome. Col. Fremont
did arrive about the first of May, worn and enfeebled
it is true, by his journey, but with the evidences for
which he had encountered all its perils in his hand.

Col. Fremont was tendered a public dinner by the
citizens of San Francisco soon after his arrival ; he
declined the compliment however, as he did every
engagement having a tendency to delay his departure

* Pep journal of Mr. Onrvlho.

ONT.

I possibly can,
of my previous

had daguerre-
to abandon all
p to send back
's of my party
bitten. I lost
ing this valley,
e buried like a

expects to see
iiich he carries
irty.

Fremont.

PACIFIC RAILROAD.

445

for "Washington, whither he desired to carry tlie results
of his explorations with all practicable dispatch, in order
that Congress, then occupied with the subject of a trans-
continental road, might have the benefit of his observa-
tions.

No official report of this expedition has yet been pre-
pared, bul immediately upon reaching Washington he
summed ou'o its results and the conclusions to which it
had brought him, in a very instructive and interesting
letter communicated to a Washington paper.*

* See Appendix.

s commenced
death by sick-
est hospitably
i rendered me

that the
^ through,
3 had mis-
man who
le difficul-
. Fremont
enfeebled
dences for
band.
2r by the
rival ; he
[id every
depprture

I 'H

ili,"

ll'li

l|V

inl

l'':i!i.;i!:

mvA

1.1

446

LIFE AND BKliVlOES OF JOHN C. FKEMOICT.

CHAPTER XVIII.

COL. FREMONT COJIES 'J"0 liESIDlC IN NEW YORK — IS TALKED

OF FOR THE rKESIDENGY LE'ITEK TO GOV. ROBINSON

OF KANSAS LETTER TO A I'UBLIC MEETING IN NEW

YORK UPON THE SUBJECT OF TROUBLES IN KANSAS

IS NOMINATED FOR THE PRESIDENCY I^Y THE NATIONAL
REPUBLICAN CONVENTION LETTER OF ACCEPTANCE

LEITER ACCICPTING THE NOMINATION OF THE
AMERICANS."

NATIONAL

In the spring of 1855, Col. Fremont, with his family,
took up his residence iu the city of I^ew York for a
few months, that he miLcht avail himself of the facilities
which that metropolis would afford him in bringing out
an elaborate report of his last expedition. While thus
em])loyed atid living in the most absolute seclusion, his
name began to be discussed in political circles as a suita-
ble candidate of the parties opposed to extending slavery
and slave representation in the country, for the next
Presidency. Wherever the suggestion was made it svas
favorably received, and before llie meeting of Congress,
in December, the feeling of the Northern States was
ascertained to be not unfriendly to his nomination,
though his name, up to that time, we believe had
not been mentioned in connection with the Presidency
by a single leading journal.

:rr.

-IS TALKED
. ROBINSON
G IN NEW

r KANSAS

-: NATIONAL
DEPTANCE

NATIONAL

his family,
i'ork for a

e facilities

iiigiiig out
While thus

lusion, his
3 as a suita-
ing slavery
ir the next
nade it was
f Congress,

States was
loinination,
elieve had
Presidency

LEITEK TO GOVERNOK ROBINSON.

447

The election to tlic speakership of the thirty-fourth
Congress, of N. P. Panks, (»f Massachusetts, who had
been one of ihe first to discern the fitness and expe-
diency of nominaling Col. FrenHint for the Presidency,
and the publication of a friendly letter from an old
California friend, Governor Charles Robinson, who had
then recently become involved in a perilous struggle
for freedom in Kansas, removed whatever doubts had
existed among Col. Fremont's friends about the })ro-
priety of publicly ])resenting his name. Gov. Pobiuson
had shared with Cul. Fremont some of the penalties of
too great devotion to the cause of freedom when they
were together in California, and the letter to which we
have refeiTcd, was written to give the governor assu-
rance of his cordial sympathy with him in the important
contest which he was waging so bravely against fearful
odds in Kansas. It ran as iollows :

LETTER FROM COL. FREMONT TO GOV. T^OBINSOX.

^ New Youk, March 17, 185C.

"My Dear Sir: Your letter of FeLruury reiK^hed me in Wasli-
ington sonic time since. I nad it Avitli miu-Ii satist'action. It was
a groat pleasure to lind you I'etained so lively a recollection of our
inti'reourse in California. Jiut my own exi)erience is, that perina-
rient and valnalile friendsliij)s are most often formed in contests and
strua'^des. If a man lias good points, then they become salient, and
A\'e know each other suddenly.

''I had both been thinking and speaking of you latterly. The
Banks balloting in tlie House, and your movements in Kansn-, have
naturally carried my mind back to our Imndred odd ballots in Cali-
fornia and your letter came seasonably and fitly to coniph.'te the
connection. We were defeated then; but that content was only an
incident in a great struggle, and tliC victory was deferred, not U)st.
You have carried to another field the same i)rinciple, with r-ourago

448

LIFE AND SERVICES OF JOHN C. FKKMONT.

" i!

P ! I

4 '1'

and ability to maintain it ; and I make you my sincere congvatnla-
tions on your success — incomplete so far, but destined in the end to
trinmiili absolutely. 1 bad been -waiting to sec uliat shape the
Kan.sa.^ ijiK.-ii(.ii would take in Congress, that- 1 might he enabled to
give you Home views in relation to the proljable re-ult. Nothing
yet has been accomplished. But I am satisfied that in the end
Congress will take etlicient measures to lay before the American
peo])le the exact truth concerning your atbiirs. Neither you nor I
can liave any doubt what verdict the people will [jronounce upon a
truthful exjjosition.

" It is to be feared, from the proclamation of the President, that
he intends to recognize the usm-pation in Kansas as the legitimate
government, and that its sedition law, the test oath, and the means
to be taken to expel its people as aliens, Avill all, directly or iiulirectly,
be supported by the army of the United States. Your position will
undoubtedly be difKcult; but you know I have great conlidence in
your firmness and prudence. AVheu the critical moment arrives,
you must act for yourself — no man can give you counsel. A true
man will always tind his best counsel in that inspiration which a
good cause never fails to give him at the in-tant of trial. All his-
tory teaches us that great results are ruled by a wise Providence,
and we are but units in the great plan. Your actions will l)c deter-
mined by events, as they jjresent themselves ; and at this distance
T can only say that I sympathize cordially with you, and that, as
you stood by me firmly and gerierously, when we Avere defeated by
the nullifiers in California, I have every disposition to stand by you
in the same way in your battle with them in Kansas.

" You see what I have been saying is more a reply to the sugges-
tions which your condition makes to me, tlia.i any answer to your
letter, which more particularly regards myself. The notices which
you have seen of me, in connection with the Presidency, came from
the partial disposition of friends who think of me more flatteringly
than I do of myself, and do not, therefore call for any action from
us. Repeating that I am really and sincerely gratified in the
renewal of our friendship, or rather in the expressions of it, which
I hope will not hereafter have so long an interval,

'' I am yours, very truly,

"J. C. Fkemont.
Gov. CuAur.ES PvOBiNso^r, Lawrence, Kansas."

lONT.

ore congvatnla-
<1 ill the ciul to
li.'il sliape ilie
L be cimlik'd to
.'.suit. Notliinpj
lilt in the end
tlio American
f.her von nor I
nounce upon a

President, tliat
tlie lt.'gitiniate
and tlie means
y or indirectly,
ir position "vvill
,t conlidence in
loment arrives,
tinsel. A true
•aticiii which a
trial. All his-
se Providence,
) "will 1)C deter-
t tliis distance
11, and that, as
re defeated by
3 stand by yon

to tlie sugges-
.nswer to your

notices which
cy, came from
ire flatteringly
iiy action from
'atified in the
IS of it, which

{EMONT.

LETTKK ABOUT SLAVEKY,

449

In April, 1856, he was invited to attend a large meet-
ing in New York, called for the pnrpose of obtaining a
full ox])ression of opinion from the commercial metro-
polis of the conntry, against the policy wliich rresident
Pierce was pnrsuiiig in Kansas. The following was his
brief but highly acceptable reply :

"New York, April 29, '56,

" Gentlemen : I have to thank you for the honor of an invitation
to a meeting this evening, at the Broadway Tabernacle, and regret
that other engagements have interfered to prevent my being pre-
sent.

" I heartily concur in all movements which have for their object
'to repair the mischicts arising from the violation of good faith in
the repeal (4* tho Mis.-i)Uii Uoiupromise.' 1 am oppi )>».■(] to slavery
in the ub^iracL ai,.i ui.on principle, iu-liiinud and madu habitual by
long sealed cojivietioiis.

'' WhiJe I feel inflexible in the belief that it ought not to be inter-
fered with when,' it exists, under the shield of State sovereignty, I
am as inflexildy opposed to its extension on this continent beyond
its present limits.

'' With the assurance of regard for yourselves, I am very resjiect-
fully yours,

"J. C. Fkemoxt."

Some raontiis previous to this, Millard Fillmore of
New York, and Andrew Jackson Donelson of Tennes-
see, had been nominated for the presidency and vice-
presidency in Philadelphia, by the pro-slavery segment
of a convention of Know-nothings — a name chosen by
the Native-American party for themselves. In Jinie
following, James Buchanan of Pennsylvania, and John
C. Breckinridge of Kentticky, were nominated by the
administration party at Cincinnati, for the same offices.
Both these sets of candidates were identified with the
slave interest of the countrv, and both were the choice

ii;

450

LIFE AND SKRVICKS OF JOHN C. FREMONT.

I rj!

;i 'lii

:LJli

i h

W.\

i<ii I

of the southern States of the Union more particularly. It
w^'- apprehended, and with good reason, tliat tlie effect
of electing either would be to nationalize slavery in the
United States, or indetiiiitelv extend and airgravate the
di.sorder and anarch}'- which prevailed on our western
frontier. To avoid either of these disastrous results, a
convention M'as called, of three delegates from each
congressional district of the United States, and a pro-
portionate number of senatorial delegates, to meet in
Philadelphia on the 17th of June, for the purpose of
nominating candidates for the presidency and vice-
presidency, who would properly reflect the views of
those who were prepared to make freedom in the
territories the paramount issue in the approaching
presidential canvass. ^^

On the day appointed, the convention met at Musical
Fund Hall in that city, where the Declaration of the
Independence of these United States was iirst read
and pronnilgated. Over a thousand delegates were in
attendance, and among them a larger number of promi-
nent and influential public men than ever before assem-
bled, probably, in a national convention. Robert Emmet
of New York was selected for temporal y chairman, and
Colonel Henry S. Lane of Indiana, for president of the
convention. Representatives were in attendance from
all the free States, from the territories of Kansas,
Nebraska, and Minnesota, and from the following slave
States and territories, viz., Virginia, Maryland, Ken-
tucky, Delaware, and the District of Columbia.

The convention, numerous as it was, and composed of
men of every variety of political sentiment, seemed
animated by the single desire to select the candidate
who should seem best calculated to unite all the sincere

)NT.

NOMINATION FOR THE PRKSIDENCY.

451

icularly. It
it tlie effect
very in the
L^mvato the
nil* western
IS results, a
from each
and a p ro-
te meet in
purpose of
and vice-
e views of
ioin in the
pp roach ing

; at Musical

Ltion of the

, first read

ies were in

3r of promi-

ifore assem-

3ert Emmet

lin^.iau, and

lent of the

dance from

of Kansas,

)wing slave

hmd, Ken-

)ia.

ouiposod of

lit, seemed

candidate

the sincere

friends of freedom throughout the Union, in his sup-
port, and tlion<j;h there were several candidates who had
many warm friends in the convention, the judgment of
the great majority settled down very early in lavor of
Fremont, as combining in himself most of the requisites
for a candidate of the republican party in the existing
condition of the country. On an infornud ballot he
received 350 votes, more than two-thirds of the whole
convention, and was afterwards, nominated unani-
mously.*

The lion. William L. Dayton, for many years a dis-
tinguished member of the United States Senate, and

* The fuUowing was the result of the infonuul ballot:

FREMONT. MCLEAN.

Maine, 13 11

New lliiinpshire, 15 —

Vermont, 15 —

MiissachusettH, 89 —

Rhodclsliind, 12 —

Connecticut, IS —

New York, 93 8

New Jersey, 7 14

Pennsylvania, 10 71

Dflawiire, • — 8

Maiyliuul, 4 8

Virginia, Declined voting.

Kontucliy, Tj —

Ohio, 80 89

Indiana, 18 21

Illinois, 14 19

Michigan, 13 —

Iowa, 12 —

■Wisconsin, 15 —

California, 12 —

Kansas, 9 —

District of Columbia, • Declined to vote.

Minnesota, — 8

Neljraska, — 3

Total, ;i09 I'.H'

New York cast two votes for Charles Sumner, one for N. P. banks, and one for
Wm, II. Seward.

I :

'? ;

452

LIFK AND SERVICES OF JOHN C. FREMONT.

always a faithful friend of freedom, was then nominated
for the vicc-i)residcncy. His vote on the iirst informal
ballot Avas not quite ii majority,* but his nomination
was made unanimous on the first formal ballot.

The following declaration of principles was also
nnanimously adojjtcd by the convention :

THE PLATFORM.

'•'■ This Convention of Delegates, assembled in pursnance of a
call, addre.^scd to tlio jx'oplo of the United States, without regard
to past political dillbrences or divisions, who are opposed to tho
repeal of the Missouri C()iu[)roniise; to tho j)olicy of the present
administration and to tlie extension of slavery into free territory;
who are in favor of the admission of Kansas as a free State ; of

* INFORMAL BALLOT.

States.

1-5

1
;)1

'p,
r>

'9
9

•I.

3
■/J

1
1

311
2

'l
36

'•J
5

1
1

1
8

1.5
15

'/.

c
2

•/

.id

"l
1

17
24

4
46

"<.

]

c
'X

s
s

ta.

b
2

Miiiiif

New lliiinpsliire,

20
7

'2.5

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i;j
1.2

1
b

"3
'iV

2i;
J.

lln

Miis.-^aclmsjetts,

lUiodc I land

Oiiiiiiect icut

New Viii'k,

New Jersey,

I'eiiii-ylvania,

Delaware,

Maryland,

Virginia,

Kentucky,

Ohio,

Indiana,

Illinoi-',

Micliigan,

Iowa,

\Vi-e<in=in,

Califtiniia,

Kansa.'^,

.Minnesota,

Uistrict of Columbia,. . .

Total,

251)

il!"

MONT.

3n nominated

(irst intbnnjil

3 nomination

illot.

es was also

piirsnnnco of a
■svithout regard
oi)])()se(l to tlio
of the j)resent
free territory ;
free State ; of

1-5

'A
1

c
O

■c
O

'2
2

PLATFORM OF THE rillLADELPHIA CONVENTION. 453

restoring tlio action of tlio Federal Govcrnmont to the principles of
"Washington and Jefferson; and who purpose to unite in presenting
candidates for the offices of President and Vice-President, do

"1. Rcsoli^e^ That the maintenance of tlio principles proninl-
gated in the Declaration of Indo|)endcnce and cnihodied in the Fetj-
eral Constitution, is essential to the preservation of our rcpuMican
institutions ; and that the Federal Constitution, the rights of tho
States, and the rni(rii of \\w States, shall he preserved.

"2. liCHQlccd^ That uilh our n'piihlicaii fathers we hold it to he a
self-evident truth that all men are endowed with inalienahlo rights
to life, liherty and the i)ursuit of happiness, and that the prinniry
object and ulterior design of our Federal Government wore to
secure those rights to all persons within its exclusive jiu-isdiction ;
that, as our republican fathers, when they had abolished slavery iii
all our national territory, ordained that no person should l)e do
prived of life, liberty, or property, without duo process of law, it
becomes our duty to maintain this provision of the Constitution
against all attempts to violate, for the purpose of establishing
slavery in any territory of the United States, by positive legislation
prohibiting its existence or extension therein; and we deny tho
authority of Congress, of a territorial legislature, of any individti;il
or any association of individuals, to givedegal existence to slavery
in any territory of tho United States, while the present Constitu-
tion shall bo ma'ntained.

" 3. Resolved^ That the Constitution confers upon Congress sover-
eign power over the territories of the United States for their govern-
ment, and that in th(^ exercise of this power it is both the right and
duty of Congress to prohibit in tho territories, those twin relics of
barl)arism — polygamy and slavery.

"4. Resolved^ That while the Constitution of the United States
was ordained and established by the people in order to 'forma
more perfect Union, establish justice, insure domestic tranquillity,
provide for tho common defence, and secure the blessings of Lib-
erty,' and contains ample provisions for the protection of the life,
liberty and property of every citizen, the dearest constitutional
rights of the people of Kansas have been fraudulently and violently
taken from them ;

"Their territory has been invaded by an armed force;

"Spurious and pretended legislative, judicial and executive offi-

i M

! Ji i

tarn

IMAGE EVALUATION
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£ US 110

1.8

\M 111^ 1^

Photographic

Sciences
Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

^^^

"^p

K<^

454

LIFE AND SERVICES OF JOHN C. FREMONT.

J. II

cors hftve been set over tliein, by whose usurped authority, Rustnined
l>y tlic military power of the {icovernment, tyrannical and unconsti-
tutional laws have been enacted anil enforced ;

' The rights of the people to keep and bear arms have been
infringed ;

"Test oaths, of an extraordinary and entangling nature, have
been imposed as a condition of exercising the right of sutfrage and
holding office ;

"The right of an accused person to a speedy and public trial by
an impartial jury has been denied ;

"The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures, has
been violated ;

"They have been deprived of life, liberty and property without
duo process of law ;

" The freedom of speech and of the press has been abridged ;

" The right to choose their representatives has been luade of no
effect ;

"Murders, robberies, and arsons have been instigated and en-
couraged, and the offenders have been allowed to go unpunished ;

"That all these things have been done with the knowledge, sanc-
tion, and procurement of the present administration, and that for
this high crime against the Constitution, and the Union, and hu-
manity, we arraign that administration, the President, his advisers,
agents, supporters, apologists, and accessories either before or after
the facts — before the country and before the world; and that it is
our fixed purpose to bring the actual perpetrators of these atrocious
outrages and their accomplicos, to a sure and condign punishment.

"5. Resolmd^ That Kansas should be immediately admitted as a
State of the Union, with her present free Constitution, as at once
the most etfeciual way of securing to her citizens the enjoyment of
the riglits and privilegas to which they are entitled and of ending
the civil strife now raging in her territory.

" 6. Resolved^ That the highwayman's plea that ' might makes
right,' embodied in the Ostend Circular, was in every respect un-
worthy of American diplomacy, and Avould bring shame and dis-
honor upon any government and people that should give it sanction.

"7. Resohed^ That a railroad to the Pacific Ocean, by the most
confral and practii^able route, is imperatively demanded by theintcr-

!(■!'■

rr.

ty, sustained
nd uncunsti-

■I have been

lature, liavo
sutfrago aud

iblic trial hy-
sons, houses,
seizures, has

erty -without

.bridged ;
. liiade of no

ited and en-
ipunished ;
viedge, sanc-
and that for
ion, and liu-

lis advisers,
afore or after
nd that it is
eso atrocious

)unishrncnt.
dniittcd as a
1, as at once
njoyinont of
id of ending

night makes
respect un-
amo and dis-
e it sanction.
l)y the most
hv theinter-

EErUBLICAN PLATFORM.

455

ests of the -whole countr}', and that the Federal Government ought
to render immediate and ethcient aid to its con-itruction, and as an
auxiliary tliereto, promote tlie immediate construction of an emi-
grant route on the Hne of the railroad.

"8. Resolved^ That appropriations by Congress for the improve-
ment of rivers and harbors of a national character, required for the
accommodation and security of our existing commerce, are autho-
rized by the Constitution, and justified by the obligation of the gov-
ernment to protect the lives and property of its citizens.

"9. liest'lvedf Tliat we invite the affiliation and co-operation of
men of all parties, however ditloring from us in other respects,
in support of the princi[)lcs herein declared; and believing that the
spirit of our institutions, as well as the Constitution of our coun-
try, guarantees liberty of conscience, and equality of rights among
citizens, oppose all legi.-lation impairing their security."*

— The result of tlio deliberations of the Convention was
communicated to Col. Fremont bv a commiitee of the
Convention appointed for that puipose, in a letter
which, with its reply, ran as follows :

lETTER FROM THE COMMITTEE AI'I'OINTKD TO APPRISE COL. FRE-
MONT OF III8 NOMINATION FOR THE PRESIDENCY BY THE REPUB-
LICAN NATIONAL CONVENTION.

" PUILADKLPHIA, JUTIO 19, 1856.

''Sir: A convention of Delegates assembled at Philadelphia on
the ITtli, 18th and 19th dajs of June, 185G, under a call addressed

* The following gentlemen composed the Committee on Resolutions :
Maine — Henry Ca; ter. Ohio — Hon. J. R. Giddings.

New Hampshire — D. Clark. Michigan — Hon. Isaac Chestcrey.

Massachusetts— E. Rock wood Hoar. Wisconsin — John F. Potter.

Connecticut — Hon. G. Wells.
Rhode Island — Hon. Thos. Davis.
Vermont — E. Kirkland.
New York — Hon. Preston King.
New Jersey— E. W. Whelpley.
Delaware— E. G. Bradlbrd.
Maryland — Hon. F. P. Blair.
Virginia — John C. Underwood.
IVniisvlvania — Hon. D. Wihnot.

Indiana — John P. Durfee.
Illinois — George S. Brown.
Iowa — James B. Holland.
California — Hon. John A. Wills.
Kansas — John L Winchell.
Dist. of Columbia — Jacob Bigtlow.
Kentucky — (ieo. D. Blakeley.
Minnesota — Hon. .Vlex. Ramsev.

«■

ISM

1*1 1 1

.■fl

^fl ill

I'llM

l/al!

456

LIFE AND SERVICES OF JOHN C. FREMONT.

to tlie people of the United 3tates, without regard to past political
diftorenccs or divisions, wlio are opposed to tlie repeal of the Mis-
souri Compromise, to tlio policy of the present Adiniiiistratioii, to
tlie extension of slavery into free territory, in favor of the admission
of Kansas as a free State, and of restoring tlie action of the federal
government to the principles of Washington and Jefterson, adopted
a declaration of principles and purposes for which they are united in
jiolitical action — a copy of which we have the honor to inclose —
Mud unanimously licuiinated you as their candidate for the oftice of
Trcsidcnt of the United States at tiie approaching election, as the
chosen repix'sentative of those principles in this important political
ootitest, and with the assured conviction that you would give them
full practical oj)eration, should the suffrages of the people <if the
Union place you at the head of the national government.

The undersigned were directed hy the Convention to communi-
cate to you the fact of your nomination, and to request you in their
name, and as they helieve, in the nitmo of a large ni{\jority of the
people of the country, to accept it.

" Offering you the assurance of our high personal respect^ we are
your fellow-citizens,

"H. S. Lane,
" President of the Convention.
"James M. Ashley, Anthony J. Bleecker, Joseph C. Ilornhlower,
E. R. Hoar, Thaddeus Stevens, Kingsley S. Bingham, John A.
"Wills, C. F. Clevelaad, Cyrus Aldrich.
" To John C. Fkemont, of California."

ooL. Fremont's reply.

" New Yohk, Juhj 8, 1S56.
"Gentlemen: You call me to a high responsibility by placing
me in the van of a great movement of the people of the United
States, who, without regard to past differences, are uniting in a
common effort to bring back the action of the federal government
to the principles of "Washington and Jefferson. Comprehending the
magnitude of the trust which they have declared themselves willing
to place in my hands, and deeply sensible of the honor wliich their
unreserved confidence, in this threatening position of the public
affairs, implies. I feel that I cannot better respond than by a sincere
d»>clar!ition that, in tlie event of my e|erti<in to tlie Presidencv, I

:oNT.

o past political
eul of the Mirt-
iiiiiistration, to
f the admij^sion
of the fcHloral
ferson, adopted
>y are united in
or to inclose —
or the office of
election, as the
»ortant political
ould jrive them
; people (»f the
ent.

n to communi-
sst yon in their
iniyority of tlie

respect^ we are

! Convention.
D. Ilornblower,
gham, John A.

)RK, July 8, 1866.
ility by placing
of the United
fe uniting in a
fal government
iprehending the
m selves Avilling
lor which tlicir
, of the ]>iil)lic
lan bv a sincere
e Presidency, I

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ACCEPTS TITE NOMINATION FOR THE PRESIDENCr. 457

shoiilil enter ni)on tlic execution of it>i duties with a sin^'lo-lienrted
determination to ])roinote the trood of tiie whole coinitiy, and to
direct solely to this end all the power of the p)verninent, irrespec-
tive of party issues and re^rardless of seetional >trit'fs. Tiu- dtcl.'n.i-
tion of prineink's einhodied in the re>olves of your (,'oiivt'iiti(;)
expresses the s».•lltinu•llt^ in whicli I haw- hren odiieated. and whicit
have been ripened iUlo convictions by personal observation and
experience. AVith this declaratim, aii'' avowal, 1 think it nece>'aiy
to revert to only two of the sntgects embraced in the resolution-^,
and to tliose only because events liave surrounded them with grave
and critical circumstances, and given to them esi)ecial importance.

'' I Concur in the views of the Conventi(m deprecating the foreign
policy to which it adverts. 'J'he assuiuiition that we have the right
to take fro!ii another nation it-; (^miains beeaiiso wo want them, is
an abandonmeut of tiie houe-^t charaorL'r v. hicii onr c-nuntry has
ntqnircd. Ti> ])rovoke hostilities l)y unjust a!-;sumptions would bo
to sacrifice the jteace and character of tl)e country, when all its
interests might be more certainly secured and its objects attained
by just and healing counsels, involving no loss of reputation.

'' international embarrassments ore mainly tlie results of a secret
diplomacy, which aims to keep from the knowledge of the people
the operations of the government. This system is inconsistent with
the character of our institutions, and is itself yielding gradually to
a more enlightened public opinion, and to the power of a free press,
which, by its broad dissemination of political intelligence, secures in
advance to the side of justice, the judgment of tiie civilized world.
An lionest, firm and open policy in our foreign relations would
conmiand the united support of the nation, whose deliberate
opinions it Avould necessarily reflect.

*' Nothing is clearer in the liistory of our institution^ than the
design of the nation in asserting its own independence and freedom,
to avoid giving countenance to the extension of slavery. The
influence of the small but compact and powerful clr.ss of men inte-
rested in slavery, who command one section of the country, and
wield a vast political control as a consequence in the other, is now-
directed to turn this impulse of the Revolution and reverse its
principles. The extension of slavery across the continent is the
object of the power which now rules the government ; and from
this spirit liaa sprung those kincired w^ocg^ in Kan3.i3 so truly j^or-

4:)8

lATK AND SFRVTCKS OF JOHN C. FRF.MONT.

It I

trnycd in nno of yt»tir ivsolntioiH, wliicli prnvo tluit tlto olomont'* of
t!ii' iiiDvt nrliitr.'irv p)V('riiincMtM liavo not licci. viiiHini^lu'il l>y tlu*
jil>f tlu'ory ot" oiir own.

" It woiilil 111- oiii ot' |il:i('t' Iioro to i>1im1<jo uiysi'lfto any particnliir
]>oIicy ilint may bi' >U}.'jjrsttMl to torminato the si'i-tionci conlrovi-i-y
CMifXi-ndiTod by political aninio^itius, operatinj? on a poworl'.il cIms^,
bainlotl toj,'etlii'r by a common intorest. A practical rcnu'c'y is the
n<lmis>ioii ot" l\.in-<;i> into tlic Inioii as a iVi'i- Slate. 'IIk* South
hlioiild, in my jdil^'nicnt, caniolly dt>iiv snrli I'oriNummation. It
woidd vindicate the piod tailli — it wonld coii-»'ct Iht' misiMke oltlie
repeal ; antl tiie North, havini,' practically the beiu'tit of the aj.Mee-
:nent between the two st'ctioiis. wonhl be >ati>lied, and i,'o(*d fc»lin>;
be restored. 'Ihe iiu'a-nre i^ |)erl'ecl'y con -i.-li'iit wiih the Immioi of
the Si, (lib. and vit; < to its interests.

"Tiiat lalal act. which ^ave birth to this pnrely sectional strife,
orif^imuin^ in the scheme to t;d<e !>• m 'Vee labor the ccnntry
neenred to it by a solemn covenant cannot be loo soon dis!irme<l of
its pernicious t'orce. The only jrenial refxion of the nnddle latitudes
left io the einijrrants of ihe i.orthei'u States fnr honn's, cannot be
concjuered from the free lal)orers, who have lonjx c(>nsidere(l it as
pet apart for them in our inheritance, %>ithout provokin}; a despe-
rate strUL'i,'le. Whatever may be the persistence of the jiarticnlar
class which seeni> ready to hazard everything lor the success (»f the
unjust scheme it has partially elfected, 1 lirmly believe that the
great heart of the nation, which tlirol»s wiili th(> i)atriolisin of the
freemen of both sectio'>, will have power to ovt'nome it. They
will locdv to the rights secured to them by the C'onstiiution of the
Union as their best safeguard from the oppression of the (dass,
which, by a nionoptdy of the soil and of slave-labor to till it, might
in time reduce them to the extremity of laboring upon the same
terms with the slaves. The great body of non-slavelndding free-
men, including those of the South, upon who-e will'are -slavery is
an oppression, .vill discover that the power of the general govern-
ment »>ver the public lands niav be beneticiallv exerted to a<ivanco
their interests and secure their independence. Knowing this, their
suflTiages will not be wai\ <r to maintain that authority in the
Union which is absolutely e ....tial to the maiu'eiianee of their own
liberties, and whieh has mot nan once indicated the pUi'i>ose of
disposing of the public land in such a Avay as would make every
settler upon them a freeholder.

NT.

» olomont«« of
ii>lH'(l l>y tin*

wy piirliciiliir
I coiitruvi'isy
wi'rr.il cIms^,
•iiit'i'v is tlio
TIk- .South
niiixtinii. It
lisi.'ike ul" tliL!
i»r till' !i)_'r»'e-
iXi»,{] I't'i'liii;;
till' liciiia 'li'

tioiinl strit»%

till' (clllitl'V
<!i.s!iriiio(l dI"
Idle liititii(k>:4
■s, cniiiiot he
s'kKmtiI it iis
iiif: a (li'spo
ic iiarliful;ir
it'ivs;* of the
've that the
olisiii ot" tho
10 it. Tlii'y
iition of tho
>f the class,
till it, iiii^ht
)ii the saino
(tiding frce-
'e ■'lavefv is
?ral ptvern-

to advaiico
g this, their
t>rit.v in the
>f their own

pii/pose of
make evei-y

" LICTTER TO THE NATIONAL AME11ICAN9."

450

"If tho |)ooi»lc InlruHt to inc tlio ndmitiistration of the govern-
ment, the laws of Con^rfesH in relation to the territories will hi*
faifhfidl\ execiitiMl. All its authority will he exerted in aid of the
national will to re-estahlish the pe/iee <tf the eoiintry on the jiist,
priiieipli's which have heretofore n'ceived the sanction <>t the federal

govelllliient. of the Slate,>., Mild of 'lie people of hulli seelinMs. SlK'll
u policy would leave no aliiiuiit to tliai -n iioiuil p)iil_\ which se» k>.
its aj-';j;r!iiidi/i iiMiit hy appropriating' the new teiiilorie> to eapilal
in the loi-pi of slavery, hut would inevitahly nsnh in the triiunpli
of free lahor — the natural cai'itMl which constitutes t!ie real wejilth
of this frreat country, and creates that intelli^reiit power in tliu
Tiiasses idoiie to he relied on as the hulwark of free in-iitiiiioiis.

Triistitijr that I Imve a heart (^apal)le of coinprehendin^^ our whole
country, with its varie<l interests, ami ('onfident that patriotism
exists in all parts of the Union, I accept the nomination of your
Convention, in the hope that I may he (Miahled to serve usefidly its
cause, which I cotisider the cause of con^titi'tion;il freedom.
'^ Very respectfully, your ohedient servant,

'M. C. Frkmont.

*' To Messrs. IT. S. Lane, President of tho Convention ; .lames M
Ashley, Anthony J. IJleecker, Joseph C. Ilornhlower, E. R
Hoar, Thaddeus Stevens, Kiiif^sley 8. l>inf,diain, .John A. Wills,
C. F. Cleveland, Cyrus Aldrieh, Committee, I'tc."

Soon after the iioiiiiuations wci-e iiuide in Pliiljidel-
pliia, a " IS'atioiiiil American " coiivetition, tlicti in 8es-
BJon in New York, tendered tlie support of thai party
also to Colonel Fremont, who acknowledged the letter
arwiouiicing their determhiation in the following terms:

"New York, June 80, 1S56.
" Gextlkmikn : I received with deep sensibility your comniunica-
tion, informing me that a convention of my fellow-citizens, recently
assembled in this city, have nominated me their candidate for the
liijrhest office in the gift of the American People; and I desire,
throufrh you, to ofler to the members of that body, and to their
respective constituencies, my grateful acknowledgment for this dis-
tinguished expression of contidence. In common with all who are
intcresicd iu the welfare of the country, I liad been strongly

: ,

P u

,'■' 1

I! ill I I'll

'i: 111

m f

I ^

460

LIFE AND SERVICES OF JOHN C. FREMONT.

iinprcpfied by the ponorous spirit of concilintion wliicli iiifluenceJ
tilt' notion ofyonr usM'iubly uiid cliaructeiizes your note. A dispo-
sitiitn to avoid nil special (piestions tending to delt'at uiiatiiniity in
the frreat (;aiiso, tor the sake of whieh it was coiu'ecU'd t'lat ditfer-
erices of opinion on lens eventful (piestions should ho held in abey-
ance, was evinced alike in the proceevlings of your convention in
reference to nie, and in the manner by which you hav< conununi-
cated the result. In this course, no sacrltice of o])inion on any side
becomes necessary.

*' I shall, in a few days, be able to transmit j'ou a paper,* designed
for all parties engaged in our cause, in which I present to the coun-
try my views of the leading subjects which are now put in issue in
the contest for the presidency. My conlidence in the success of our
cause is greatly strengthened by the belief that these views will
meet the aj)probatlon of your constituents.

''Trusting that tiie national and patriotic feelings evinced by the
tender of your co-operation in the work of regenerating the govern-
ment, may increase the glow of onthusia>in which ])orvade3 the
country, and hanuoiii/e all ele!Meni> in tiur truly great and common
cause, I accept the nomination with which you have honored nie,
uud am, genilenien, very respectfully,

" Your fellow-citizen,

"J. C. Fremont."
Messrs. Thomas II. Ford, Ambrose Stephens, W. A. Howard,

Ste[)hen M. Allen, Simon P. Kase, Thomas Shankland, J. E.

Dunham, M. C. Geer — a Committee of the National American

party.

Since his nomination, more than half of the political
journals of the free States have advocated his election,
and public meetings throuo;hout the country indicate a
degree of enthusiasm in his support which, taking all
the circumstances into consideration, is without a paral-
lel in the history of American politics. His friends
confidently predict his election by a nearly unanimous
vote of the free States, and the developments of each
Bucceeding day render them more and more sanguine.

* Letter cf July f:, p. •Jl.'ii'. t^ scff.

CONCLUSION.

461

I infliicnceJ
. A (lisj)o-
iiatiiiiiity in

tliat (litler-
jld ill ubcy-
ii'vention in

coniniiitii-
i>n uny si do

■,* designed
I) the conn-
in issue in
jcess (tf our
views will

ced by tlie
he govern-
rvtides tlie
id coinnion
•nored me,

RMONT."

. Howard,

md, J. E.

American

political
election,
idicate a
iking all

a paral-
1 friends
laniinons

of each
iguine.

CnAPTER XIX.

CONCLUSION.

Col. Fremont is now but foi*ty-three years of a^e.
Though in the prime of life, he is ahvady eminent.
Before he was thirty he liad enrolled his name among
the most eminent explorers and geograi)hers, and had
given it to tlie rivers and the mountains and the pro-
ductions of the soil, which he was the liist to ex})lore.
Before he was thirty-live, he had emancipated an empire
from Mexican tyranny, and was unanimously elected its
governor by those whom he had delivered. When but
thirty-seven, he was elected to the highest legisla-
tive dignity in the American republic; and within the
last year, his earlier distinctions have been thrown into
comparative obscurity by his selection as the national
champion of freedoi^i and civilization in the approaching
Presidential election. Ilia nomination at Philadelphia
on the 19th of June, gave symmetry and completeness
to a career which is more commended by its results to
the American i)eople than that of any man, at his years,
whom the counny has produced.

Col. Frtmont is about live feet nine inclies high, slight
and sinewy in his structure, but gracefully proportioned
and eminently prepossessing in his personal appearance.
His eyes are blue and very large, his nose aquiline, his

ill

! -i

462

LITE AND 8ERVICK8 OF JOHN 0. FREMONT.

fnrelicnd, over wln'oli liiw brown curlin2; hair is parted at
tlie centre, is lii^li and (•apacionH. lie never sliaves, but
wears liis bfard neatlv triintned.

Ills lu'ad as well as person are Btrikin<];ly symmetrical,
and indicate the eomj)act Htrenu^fli and Kynimetry of
cliaractcr which ho lias displayed through life. Tho
lieiglit of his head above the eai*s also reveals the ele-
vation of his sentiments and the general benevolence
and ])urity of his nature.

Scarcely any trait of hif character will impress a
stranger sooner than his modosty. lie never dwells
upon Ids own achievements, and rarely alludes to them
except when specially invited. Even in his reports, his
own ]>ersomility is as much concealed as it could be
without making them unintelligible, lie has a soft,
clear and gentle voice, and in conversation s])eaks
deliberately, but with the utmost precision and clear-
ness, lie always knows exactly what ho means to say
when he begins a sentence, and rarely if ever changes
or repeats a word in the enunciation of it. His mind is
eminently orderly and logical, and though without any
propensity for metaphysical speculations, his faculties of
induction are very sujjerior. Like Washington, whom
be resembles iu many oiher respects, lie generalizes
with rapidity, but always for practical results, and rarely
or never to test hypotheses.

His accomplishments are manifold. Of course he
understands surveying and engineering ; his reports dis-
play a familiarity with the sciences of Astronomy,
Botany, Mineralogy and Geology, lie was distinguished
at school, Dr. Roberton tells us, for his knowledge of
the Latin and Greek languages, besides which he speaks
French and Spanish as fluently as English. It is not too

coNcrxsioN.

4C3

parted at
I uvea, but

imetrical,
motry of
it'e. 'TIio
Ih the clo-
levolence

Imprees a
or il wells
iS to tlietn
'ports, Ills
coil 111 be
as a sot't,
)n sj)eak8
md clear-
ins to say
[' changes
is mind is
thout any
iculries of
on, whom
;eneralize9
and rarely

course he
eports dis-
stronomy,
tingnished
wledge of
he speaks
; is not too

much to say that wo have had no President since the
tiitie ot' Jetfiir-<f»n wlw» could ai»pear to efpnil a<lvim-
tngo, or lill so exalted a seat, in the literary or scieniilic
circles ot" his generation.

In his manners he is eminently well bred and refined,
ai»(l always prepossesses a new actjuaintance in his favor.
He is sensitive to anything allecting his character, but
tilow to take otl'ence, or to suspect the moiives of men.
He has twice in his life appealed to what is termed the
code of honor, but never for the redress of merely pi-r-
soiud wrongs. In both instance-*, the particulars of
which are recorded in the foregoing p.ige-^, he was tiio
victim of a combination formed to break down a party
and principles of which he happened to occu})y the
position of a protector. In the affair with Senator Foote,
he represented the ])arty of freedom iii California, and
as the son-in-law of Col. Benton, was a very suitable
target for the archery of that class of p ►iiricians who
ht.d felt that the best, if not the oidy way of securing
an immunity for their own inischievous designs, was to
drive that fearless statesman from the Senate, and if pos-
sible, from public life. Had Col. Fremont tolerated the
lirst insult, it wouhl have been repeated witli aggrava-
tions in twenty-four hours. He saw that his usefulness lu
a senator, and his intlueiiee as a public man depended
upon his putting an end at once t'> the inipression, if it
existed in any qmirter, that his character could bo
trilled with by any one. For such a purpose he was
williiig to risk his life.

In the case of Mason, he thought he saw a disposition
to sacritice him for having ]}iesumed to win sudden dis-
tinction in the army by unusual services, without the
aid of a diploma from West Point. In five years he

464

LIFE AND SERVICES OF JOHN C. FREMONT.

I. ■ M

!li!

had risen to the rank of lieutenant-colonel in the army,
over tlie heads of hundreds of otHoei's who had enjoyed
better opportunities than lie of doing what he had done,
bnt who lacked the necessary ahility, or ambition.

When Col. Fremont detected this jealousy, and felt
th.e indignities which were the fruit of it, he suddenly
found himseU' the representative and cliampion of the
small but valuable class of men who, by extraordinary
devotion to their profession, provoke tiie onvy of the
Lirger and meaner class who are uiuvilling to make
similar exertions or sacriHces. If he had submitted to
Mason's insolence, patiently, he would have proved
recreant to the class of which he was the exponent, and
have forsaken the liigh position he had secured,
and widch, by the course he pursued, he not only
maintained, but entrenched impregnably. Had he
yielded, lie would nev^er have received the compliment
soon afterwards paid him by President Taylor, and
wliich he properly interpreted as a deliberate justifica-
tion of his conduct, from the highest military as well as
civil authority in the country. Except in cases wliere
the rights and interests of others were, to some extent, in
his keeping. Col. Fremont has never appealed to the
code of honor for the redress of personal wrongs.

His domestic tastes are very decided, and he has a
rooted aversion to the ordinary metropolitan gaieties.
He is extremely temperate in his habits, though he
makes no merit of it, and does not use tobacco in any
form, nor profane language; three peculiarities which
distinguish him honorably from most of our public

men.

In all the manifold relations of father, husband, friend
and neighbor, his character is unimpeached and uniin-

)NT.

RELIGION.

4G5

L the army,
ad enjoyed
3 had done,
)ition.
sy, a!ul felt
le suddeidy
pi on of the
traordinary
nvy of the
r to make
ibmitted to
Lve proved
)onent, and
d secured,
e not only
Had he
lomplitnent
Cay I or, and
te jiistilica-
f as well as
jases where
e extent, in
uled to the
rongs.

d he has a
an gaieties.

though he
icco in any
[•ities which

our public

band, friend
1 and unim-

peachable. He was confirmed as a member of tlie Protes-
tant Episcopal churcli in Charleston, when lie was sixteen
years of age, and at a time wher. he was under very pro-
found religious convictions. lie became so mucii absorbed
by the subject of religion at this time, as to inspire his
friends with a general expectation that he would devote
hinib If to the ministry. He used to studv and commit
chapter after chapter of the Bible to memory — some-
times as many as three hundred verses a day — and
fatigued his instructors with the length of his biblical
recitations. Upon leaving Charleston and embarking
in the career which has occupied his adult life, he has
rarely enjoyed the privilege of worshipping in a Chris-
tian country. He has had all his children, however,
baptized in the Episcopal church, and since his retu'n
to the United States, has been in the habit of at'.endinir
the churches of that denomination.

As a candidate for the presidency. Col. Fremont
enjoys some rare advantages over any competitor for
that honor, for he is not identified with any old political
controversies, except the one which constitutes the con-
trolling issue in the present canvass. Though a demo-
crat fi-om principle, and by political association, he has
never been a partisan, and though always opposed to
the extension of slavery, his name has never been asso-
ciated with any of the lateral issues to which that insti-
tution has given rise. Though never a politician, and
with but little experience as a statesman, no man of his
age was so universally, and, at the same time, so favor-
ably known to the wliole country, when his name was
suggested as the leader of the party of freedom. His
adventures and discoveries had been the theme of con-
versation and of inexhaustible wonder in every villap-e

40^5

LIFE AND SERVICES OF JOHN C. FRFMONT.

and hamlet tlironghont the Union, and " none named
him but to praise." He was not therefore, an unknown
man in ''• y part of his country, though he had. pro-
bably never attended a political caucus in his life.

But lie has other qualities which specially commend
him to his countrymen at the present time; a courage
which renders him insensible to any form of intimida-
tion, and a coolness and caution which are equally
important guaranties against impetuosity and indis-
cretion. If he is elected, no one supposes that he will be
afraid to act according to his inclinations or convictions,
and every one feels that we have long stood imich in need
of such a President. The country is rapidly approach-
ing a crisis when the civilization of half a century will
be staked upon the firmmess, wisdom and justice of our
chief magistrate. Fremont is looked upon by the great
body of his countrymen in the free States, as the fittest
e ponent of the highest and best interests of civiliza-
tion that has been named in connection with the presi-
dency for many years. He is identiiied in their minds
witii the great struggle for freedom on this continent,
and upon his success or failure, the hopes of many, for the
future of this republic, are suspended.

!|';l;l!

I',:!

\r.

le named
unknown
had. pro-
lite.

commend
a courage
' inti mi (hi-
re equally
and indis-
lie will be
onvictions,
ich in need
approacli-
jntury will
tice of our
Y ihe great
; the fittest
of civiliza-
the presi-
heir minds
continent,
my, for the

APPENDIX.

[A]

RErORT OF SENATOR BREESE, OF ILLINOIS.

UNITED STATES SENATE, AUGUST

1, 1848.

T^e Select Committee, to whom was referred the resolution of the
Senate to inquire into the expediency of proriding for the publico'
tion of the result of the late Exploring Expedition of John. C.
Fremont to California and Oregon, to he published as a national
work, free from copyright, and subject to the disposition of Con-
gress ; and also to inquire into the expediency of providing for the
continuation and completion of the Surveys and Explorations of
the said John C. Fremont, with a view to detelope the geographical
character of the country, and the practicability of establishing
railroads or other communications between the Valley of the
Mississippi and the Pacific Ocean, the result of said farther Sur-
veys and Explorations to be also published as a national work,
free from copyright, and subject to the disposition of Congress
respectfully ask leave to report:

That It .'o a matter of great public interest, the committee
believe, for the government and for the people of the United
States to become accurately acquainted with the value of the
large possessions, now belonging to the United States, beyond
the Rocky Mountains, and also with the means of oomiiuini-
catlng with those possessions and with the Pacitic Ocean, on
which they border, by railroads or other modes of travel and
conveyance ; and the committee believe, from the knowledgt

467

468

I-TI F. AND RERVICF8 OF .TOFIN C. FREMONT.

they have of the inclination of Mr, Fremont's mind, his habit*
and pursuits, and iiis already qrea, acquaintance with the coun-
tries in question, acquired throu^^h extraordinary perseverance,
to be peculiarly well litted to give to the government and to tlie
peojjle tlie information it is so desirable for them to possess in
relation to the value of California and Oregon, and the means of
communicating with them.

From the early age of seventeen, as the committee are
informed, Mr. Fremont has been ahnost constantly engaged in
astronomical and geographical pursuits, and nearly the whole
time in the ojien field, and the last six years in the country
beyond the Mississippi and the Rocky Mountains. lie has made
tliree expeditions to those remote and interesting regions. The
results of the two liist were publislied by order of Congress, and
commanded general applauGe botli in this country and in Europe.
The celebrated Baron Humboldt, and tiie President of the Royal
Geological and Royal Geographical Societies, London, liave spoken
of them in most favorable tei-ms, and eminent scientific; men and
journals of our own country have yielded equal commendation.
(See appendix to this report.) An assistant of the celebrated
Nicollet who was a distinguished member of the French National
Institute, he has reached a most commanding position as a scien-
tific explorer, and achieved for himself the designation of the
American Humboldt.

The first question with the committee was to inquire into the
expediency of publishing, as a national work free of coj^yright,
and subject to the disposition of Congress, the results of this last
or third expedition of Mr. Fremont; and, although favorably
impressed with the value of these results, from the pi-ovious
labors and character of the author, it was deemed proper to
inquire into the real character of the proposed publication,
means for forming some judgment on this point being already at
hand in the manuscript map of Oregon and California, (now in
the hands of the lithographer, and which several of the com-
mitt«« have eramined), and also in thrv ^geographical memoiv to

i •'; Fii'ii

RFrORT or SENATOR BREE8K.

4np

^is habit*
li the conn-
srseverance,
• and to tlie
> y)ORpesa in
he means of

nmittee are
; engaged in
ly the wiiolo
\he coiintry
He has made
■cgions. "1 he
Congress, and
md in Europe,
t of the Royal
.n, have spoken
ntific men and
lommendation.
the celebvati'd
rench National
ition as a scien-
o-nation of the

inquire into the
!e of coin-riglit,
,ults of this last
loiigh favorably
,in "Ihe previous
emed proper to
^(mI publicatiop.
being already at
ilifornia, (now in
ral of the com-
)hicftl memoiv to

illustrate that map, published by order of the Senate, and which,
it is presumed, all have read. This map and memoir, in the
judgment of the committee, not only sustain the previous repu-
tation of the author, but enhance it, as might well be expec'.ed
from a moie ripened intellect, from a more experienced explorer
and from a spirit ardent in the pursuit of science, and excited
by applause to higher exertions. This map .and memoir, though
hastily prepared, and as a mere preliminary to a full woik.
increase the reputation of their author, and give valuable infor-
mation to the statesman and the farmer, to the astronomer j.ud
geographer, to the man of science in the walks of botany and
meteorology. ]5ut they must be regarded only as a sample of
the results of that expedition, from the view of which the value
of the whole may be judged. As far as the exploration has been
carried, everything necessary to show climate, soil, and proil no-
tions, has been collected. More than one thousand specimens in
botany, a great number in geology and mineralogy, with draw-
ings of birds and animals, and remarkable scenery, and a large
collection of the skins of birds, wiih the plumage preserve),
have been, as the committee are informed, brought home, to
enrich the stores and add to the sum of human knowledge.
The botanical specimens, examined by Dr. Torrey, are deemed
by him of great value, and worthy of the expense of European
engraving, if not done by our own government.

The committee upon this view of the results of the last
expedition of Mr. Fremont, deem them of great national
importance, giving just ideas of Oregon and California, and
such as ought to be published in the manner suggested
in the resoh»'.ion under consideration. The continuation of
the surveys and explorations by Mr, Fremont, with a view to
complete our knowledge of the great country between the
Mississippi and the Pacitic ocean, is the remaining inquiry
referred to this comujittee; and of tlie expediency of providing
for such continuation they entertain no doubt. It is, in their
judgment, but carrying out the plain suggestion of reason, and

h.:i

470

LIFE AND SERVICES OF JOHN 0. FREMONT.

t>i ■' I

the plan of Mr. Jefferson, when he sent Lewis and Clark to th
Pacilic ocean.

The committee think they do not err when they assume it as
an indisputable position, that the public interest and ilie wisiies
of the people require further examinations into the character of
the soil, climaib and productions ; the geology, botany, and
mineralogy of Oregon and California; and also into the prac-
ticability of railroad and other communications between those
countries and the valley of the Mississippi, to which the public
attention has been lately, and is now, so much excited, and they
do not hesitate to say, that Mr. Fremont is one of the most, if not
the most, suitable person to make these examinations, and a
publication of the results, under the direction of Congress, and
without copyright, as the most judicious and advantageous mode
of publication. Mr. Fremont has spent six years of his litie in
explorations to these distant regions, and in that time has
crossed the Kocky Mountains, as the committee are informed,
at seven different points ; has traversed the country from the
Mississippi on several different lines, and has made about twenty
thousand nnles of exploration in wilderness countries, and under-
stands thoroughly, there is no doubt, the general structure and
configuration of the country, and knows wliere to go and what
to do to complete his examinations. He has shown himself tc
be possessed of all the qualitications for such an enterprise, wit!
resources to siijtjiiy \\aiits, lo conijUiM' dilliciiltiHS, aii.l to com!
mand succtess — and talent to execute his task to the satisfactioij
and admiration of his own countrymen, and of the first men ij
Europe.

The committee learn with pleasure that it is Mr. Fremont!
own desire to finish up the great work in which he was
unexpectedly interrupted in the course of the last year,
other person probably could, for the reasons stated, do the woj
60 well, or in so short a time, or at so small an expense,
other person could be employed in the work without appropn
ting to himself the fruits of his long and arduous labors,

MONT.

REPORT, ETC.

471

d Clavk to til

ey assume it as
land lUe wishes
the character ot
cry, botany, and
io into the pvac-
[is between those
which the public
excited, and they
of the most, if not
uuinations, and a
1 of Congress, and
idvantageous mode
veavs of l^is life m
'in that time has
,iuee are inforoQcd,
J country from the
made about twenty
ountries, and under-
eneral structure and
lere to go and what
ias shosvn himselt to

h an enterprise, with

isk to the satisfaction
[ of the first men m

it is Mr. Fremont's
in which he was so
,f the last year. J^o
,s stated, do the work
nail an expense, ^o
lork without appropna-
d arduous labors, and

building upon foundations which he has laid, and taking the
credit of operations which only want the finishing hand of their
author to erect a monument of honor to himself and of utility to
his country. It therefore seems but an act of justice to this
individual that he should be continued in a work which lie
commenced, and has thus far so successfully prosecuted.

In his geographical memoir, printed by order of the Senate,
Mr. Fremont proposes to continue and complete his explorations
in Oregon and California, and to publish the results under the
direction of Congress, as a national work, and without copy-
right. It is the mode in which the results of his previous expe-
ditions have been published, and with great advantage to the
public, as all will acknowledge, his journals and maps being
reprinted, and multiplied in cheap editions, as well in Europe as
in this country, and thus all his discoveries, and all the informa-
tion he acquired, passing at once into the mass of general know,
ledge. It is deemed by the committee, the proper mode of dis-
seminating useful information obtained .tt the expense of the
government, and whijh should be dittused at once without the
impediment of co|)yright8, and the author, where deserving it,
compensated in some other form for any extraordinary service
which he has rendered. « * * *

The committee, therefore, feeling all the reasons in favor of
such explorations, to be greatly increased by the recent acquisi-
tion of California, and the exclusive possession of Oregon, and
where so much has been done towards exploring Oregon and
California, ascertaining practicable routes for a railroad or other
communications between the Valley of the Mississippi and the
Pacific Ocean, and for publishing the results as a national work
under the direction of Congress, and without a copyright ;
thev have with one accord directed their chairman to move the
necessary appropriation, to wit, $30,000, being the amount usually
appropriated for topographical surveys beyond th« Mississippi.

472

LIFE AND SERVICES OF JOHN 0. FREMONT.

EXTRACT OF A LETTER FROM THE HON. EDWARD EVERETT.

Cambridob, Mass., March 20, 1846.

"Dkau Sir: A short time sin(;e, I sent two copies of the
Conirressional documents, conttiininLf Ciij)tain Fivmont's two
rei)<)rts, to London, one to Doctor Holland (who spoke of you
with great kindness on his return to Hoston,) and one to Sir \i. I.
Murchison, late president both of the GeoIof»;ical and Geogra-
phical societies, and one of the most eminent British geologists.
In a letter received from the last named gentleman, by the
steamer of the 4th March, he speaks in the following terms of
Captain Fremont's report :

'"Tlie work of Captain Fremont so much interested me, (it is
really the most romantic, as well as instrtictive survey,) that I
wrote out a little analysis of it, for the president of our geologi-
cal society, Mr. Horner,* and if he has not space enough to do
it justice in his anniversary discourse, I will take care that the
excellent services of your countryman, are duly noticed in the
speech of Lord Colchester, my successor as Pi'esident of the
Royal Geographical Society. Knowing your connection with
Captain Fretnont, I have th(»'.ight it might be some satisfaction
to you to learn that his labors were appreciated by good jutlges
abroad. I should long since have made him my personal
acknowledgments for the gratification and instruction which I
have derived from his reports, had I had the honor of his
acquaintance. I should have sent more copies to England could
I have procured them.' "

[B.]

EXTRACT FROM A LETTER FROM THE UNITED STATES
CONSUL, WARREN, TRIESTE.

f • ■ '11'

!tl|||;

" I travelled, not as I first intended, over Hamburgh and Berlin
to this city, but took a passage to Leghorn, from which place I

♦Mr. Lyell'« fatber-ln-law.

ONT.

RD EVERETT.

March 20, 1846.
co[)ies of the
'reiiiont's two
spoke of you
3116 to Sir R. I.
and Geoo;ra-
ish geologists.
enian, by the
vvinu terms of

jsted me, (it is

LU'vey,) tliat I

)f our geologi-

enouifh to do

care that the

noticed in the

esideut of the

►nnection with

ne satisfaction

y good judges

my personal

ction which I

honor of his

ingland could

tD STATES

l^gh and Berlin
fhich place I

PACIFIC RAILROAD.

4T3

proceeded to Trieste. I availed myself of a favorable oppor-
tunity to forward the books whicli you intrusted to my care, to
Baron von Humboldt. During the month I obtained a short
leave of abseinte fiorn my post, and proceeded to the north of
Germany. Whilst at Berlin, I had an interview with Baron von
Humboldt. lie bade me thank you for the present with which
you had so favored him. He had already in his possession 'Fre-
mont's reports,' but not Nicollet's work. He put some (pies-
tions to me in relation to yourself, your political career, your
age, and so forth, to whicii 1 gave full replies. He then in()uired
in relation to Col. Fremont, whose work he said had been read
by him with great interest as the work of a man of talent,
courage, industry, and enterprise. These were the words literally
used bv Mr. von Humboldt.

" Extracts from the reports which have made their appearance
in many of the German papers, and the scientific world (through
the republication of the work by Wiley & Putnam in London),
has become generally acquainted with it; and I can say truly,
from the conversation I have had on the subject with many men
entitled to a judgment, it is appreciated as a very able work."

[C]

PACIFIC RAILROAD.

LETTER FROM COLONEL FREMONT GIVIXO THE PEStTLTS OF mS

FIFTH EXPEDITION IN 1854: 5, WITH SPECIAL REFERENCE TO TIIK

MOST PRACTICABLE ROUTE FOR A RAILWAY TO THE PAOIFIO.

To the Editors of the National Intelligencer :

Gentlemen: While the proceedings in Congress are occu-
pying ])ublic attention, more particularly with the subject of a
Pjiciiic Railway, I doisire to otter to your paper, for publicati(m,
some general results of a recent winter expedition across the Rocky
Moiititains, contining myself to mere results, in anticipation of a
fuller report, with maps and illustrations, which will necessarily
require some months to prepare.

The country examined was for about three-fourths of the dis-

I' '!■

M '■ i

IW.

474

LIFE AND 8KBVICE8 OF JOHN C. FREMONT.

tance — from the Missouri frontier, at the mouth of the Kan«tn«
river, to tlie valley of Piirawiii), at tlie foot o*' the Wahsatch Moun-
tains, within the rim of the Great Basin, at its soiitlieastern Ivntl —
alon^ and hetween the 8Utli and 'I'.Mli parallels of latitude; and the
whole line jlivides it>elf luiturally into three sections, vhich may
be conveniently followeii in description.

T\\ii Jimt or eastern section consi>ts of the ixwat prairie slope,
epreudin;jf from the base of the Sierra JJ/aiica to the Mis>ouri frontier,
ab()Ut 7(tO miles; the second o" middle se(!tion, comprehends the
various Jiocky Mountain raiifjes and interlyin<^ valleys, between the
termination of the Great Plaifis at the foot of the Sierra Ji/anca,
and the CJreat Basin of the Parawan Valley aiul Wahsatch Moun-
tains, where the lirst Mormon settlement is found, about 4o() miles;
the third or western section comprehends the mountainous plateau
lyinj? between the Wahsatch Mountains and the Sierra Nevada^ a
distance of about 40U miles.

The country examined was upon a very direct line, the travelled
route being about 1,550 miles over an air-line distance of about
1,30U miles.

The First Section. — Four separate expeditions across this section,
made before the present one, and which earned me over various
lines at ditferent seasons of the year, enable me to speak of it with
the contidence t)f intimat^j knowledge. It is a iTlain of easy incli-
nation, 8wee|)ing directly up to the foot of the mountains which
donunate it as highlands do the ocean. Its character is open
prairie, over whicii summer travelling is made in every direction.

For a railway or a winter-travelling road, the route would be, in
consideration of wood, coal, building-stone, water, and fertile land,
about two hundred miles up the immediate valley of Kansas
(■. Inch ridght be made one rich continuous corntield), ami after-
wards along the immediate valley of the Upper Arkansas, of which
about two hundred nnles, as you apj)roach the mountains, is conti-
nuou>ly Well adapted to settlements as well as to roads. Numerous
well watered and fertile valleys — broad and le el — open no among
the mountains, which present themselves in detached blocks — out-
liers — gradually closing in around the heads of the streams, but
leaving open api)rt)aches to the central ridges. The whole of tlie
inrer-niountain region is abuiulant in grasses, wood, coal, and fertile
soil. The Pueblos above Bent's Fort, prov' it to be well adajiTed
to the grains and vegetables common to the latitude, including
Indian corn, which ri()ens well, and to the supi)ort of healthy
htock, which increase well and take care of themselves summer
and winter.

The climate is mild and the winters short, the autumn usually
having its full length of bright open weather, without snow, whi"h
in winter falls rarely and passes otf quickly. In this belt of country
lying along the mountains, the snow falls more early and much

INT.

PACIFIC RAILROAD.

475

f the Kansas
ilisatch Monn-
nstorn \w\\i\ —
tmle; ami the
s, wliicli may

prairit; slope,
isuiM'i tVoiitior,
iipivliL-iuls tlio
S l»er\v»-eii tlie
'Sierra JUducn,
ilisiitc'li Mimii-
iiiit 4.")() miles ;
iiiiums plateau
ivra Necada^ a

?, tlie travelled
atice of about

iss this section,
( over various
)eak of it with
1 of easy iiicli-
uiitaiiis which
acter is open
■ry direction,
e would be, in
1(1 fertile land,
ey of Kansas
Id), and after-
nsas, of wh'cli
tains, is conti-
s. Numerous
pen up among
blocks — out-
streams, bnt
whole of the
)al, and fertile
well adapted
de, including
•t of healthy
lelves summer

[tnrnn usually
(■■now, whi"h
lelt of country
|ly aud much

more thinly than in the open plains to the eastward ; the storms
C(»iijjtreKate about tlio high mountains and leave the vaUeys free. In
the l)egirming of December wo foimd yet no snow on the I/uer/nno
Kiver, and were informed by an old resident, then engaged in estab-
lishing a farm at tiie mouth of this stream, that snow seldom or
never falls there, and that cuttle were left in the range all the winter
through.

This character of country continued to the foot of the dividing
crest, and to this point oin* journey residted in showing a very
easy grade for a road, over a c<)untry unobstructed either by snow
or other impediments, ami having all the elements necessary to the
prosi'M'ity of an agricultural population, in fertility of soil, abund-
ance of food f(»r stock, wood and coal for fuel, and timber for
necessary constructions.

Our examinations around the southern headwaters of the Arkansas,
liave nuide us ac(pi!iinted with many |)asses, grouped together in a
small space of country, conducting by short ami practicable valleys
from the waters of the Arkansas just described, to the valleys (»f the
Del Norte aiul East Colorado. The Sierni JJlunca, througfi which
these passes lie, is high and rugged, presenting a very broken appear-
ance, but rises abruptly from the open country on either side, luxr-
rowed at the points through which the passes are cut, leaving then\
only six or eight miles in length from valley to valley, ami entirely
Muobstructed by outlying ranges or broken country. To the best
of these passes the ascent is along the open valley of watercourses,
uniform and very gradual in as(;eiit. Standing immediately at tlie
mouth of the Sdud Ulll.PdSS — one of the most practicable in the
Sierra Blanca^ and above those usually travelled — at one of the
remotest headsprings of the Huerfano Kiver, the eye of the travel-
ler follows down without obstruction or abrupt descent ahuig the
gradual slope of the valley to the great ])iains which reach the
Mi>sourl. The straight river and the open valley form, with the
l>lains beyon<l, one great slope, without a hill to break the line of
sight or obstruct the course of the road. On either side of this
line hills slope easily to the river, with lines of timber and yellow
autunmal grass, and the water, which flows smoothly betwe^^n, is not
interrupted by a fall in its course to the ocean. The surrounding
country is wooded with pines and covered with luxuriant grasses,
up to the very crags of the central summits. On the 8th of
December we found this whole country free from snow and
Daguerre views taken at this time show the grass entirely uncov-
ered in the passes.

Along all this line the elevation was carefully determined by-
frequent barometrical observations, and its character exhibited by a
series of daguerreotype views, omprehending the face of the
country almost continuously, or at least suflOiciently so, to give a
thoroughly correct impression of the whole.

(!:.!

r 1 '

j t

' li

u >

*'■■■: r-i

470

LIFE AND BERVI0K8 OF JOHN C. FUKMONT.

Two tiinnel-like pftsses nterce the monntiiiiH hero, almost In
juxtaposition, comurctiiif? tlie pliiiii coiiiitry on eitiicr sido by «liort
piissni^'iis livo to t'iixlit miles lonj^. Tin) mountiiiin wliidli tlioy piT-
forutc constitntH tlio <»nly ol»strnctioii, iind arc tlie only lirnilv in ilio
|il.'iii»5 or viilli-y line of roiid t'roui tlio tVonticr of Missouri to tlm
Biitiiinit hills of the Kocky Moiinttiins, u distiincu of tilxxit Hoi)
mill's, or luoru tliiin half way to tho San .Joa(iiiin valli'y. Enteriii;^
ono of those passes from tho eastern |>lain, a distance of about otio
inilo upon a waj^on road, already travelled by wa>,'ons, connnandn
an open view of tho broad valley of iSun Lain and tho great raiiLfO
of S((n Juan beyond on its western .side. I hero connected tho
lino of the present expedition with ono explored in 1848-'4!) from
the month of tho Kansiis tu this point, and tho results of both will
bo embodied in a fidl rep(»rt.

At this place the line entered tlio middle section, and continued
its western course over an open valley ciMintry, admirably adapted
for settlement, across the S<in Lvis valley, and up tho tiat bottom
lands of the Sali-wat«li to the heights of the central ridge of tho
Kocky Mountains. Across those wooded heights — wooded and
grass-covered up to and over their rounded summits — to the
Coocha-to-po pass, tho lino followed an open easy wagon-way,
such as is usual tu a rolling country. On the high summit
lands were forests of coniferous trees, and the snow in tho pass
was four inches deep. This was on tho 14th of !)ecember. A
day earlier our horses' feet would not have touched srow in the
crossing. Up to this i)oint we had enjoyed clear and dry ])leasant
weather. Our journey had been all along on dry ground; and
travelling slowly along waiting for the winter, there had been abun-
dant leisure for be(!oming ac<|uainted with the country. The open
character of the country, joined to good information, indicated tho
existence of other j>assos about the head of the Sah-watch. This
it was desirable to verify, and especially to examine a neighboring
and lower pass conne(;ting more directly with the Arkansas valley,
known as tho Poow-che.

But the winter had now set in over all the mountain regions,
and the country was so constantly enveloped and hidden in clouds
which rested upon it, and the air so darkened by falling snow, that
exploring became dittieult and dangerous, precisely where we felt
most interested in making a thorough examination. Wo were mov-
ing in fogs and clouds, through a region wholly unknown to us, and
without guides, and wore tlierolore obliged to content ourselves
witli the examination of a single line, and the ascertainment of the
winter condition of t!ie country over which it passed, which was
in fact tho main object of our expedition.

Our progress in this mountain 'Us region was necessarily slow,
and during ten days which it occupied us to pass through about one
hundred miles of the mountainous country bordering the eastern

lONT.

lerc, nlmost in

?r side by short
k'liic.li they pt-r-
ily liiTiik it) I ho
Mi>s<tiii'i t<> th«i

) ot" ultollt H.")!)

ilU'y. Knteriii;^
:o of iihoiit Olio
;ons, comiiiaiids
the f^rt'iit rftii;ro
J coimccted tlio
I 1848-'4i) from
iltrt of both will

, and contiiuie'l
mirnhly iidiiptod
tlio tljit bottom
nd ritl^'o of the
s — wooded niul
uimnits — to the
isy Avagoii-way,
le ldu;h summit
low in tlio pass
j Decemboi*. A
3d srow in the
iiid dry pleasant
tjround; and
ad been abun-
itry. Tiie open
1, indicated tiio
i-wat(!h. This
a neif^hboring
Vrkansas valley,

)nntain regions,
ilden in clouds
ing snow, that
wiiere we felt
We were niov-
lown to us, and
ntont ourselves
ainment of the
id, which was

?cessarily slow,
ough about one
ng the eastern

PACIFIC RAILROAD.

477

side of the Upper Colorado valley, the greatoMt depth of snow wan,
among the pines and a>^pt'us, on thi ridges aliout two and a h.ilf
feet, and in the valU'vs ai)oiit six iix-lies. 'i'he atmo^jphere ir. tuo
cold and dry for much siiuw, and tiie valleys, protvi-led by tho
mountains, are comparatively free fnim it, and warm. We hero
found villages of Utah Indians in tiieir wintering ground, in little
valleys along the foot of the liigliest nu)untains and bordering the
more open country of the Colorado valley. Snow wa^ hero
(December 25) only a few inches deep — the grass generally appear-
ing above it, and there being none under trees anil on southern hill-
sides.

The Inu'ses of the Utnlm were living on the range, and notwith-
standing that they were used in hunting, were in excellent condition.
One which we had occasion to kill for food hatl on it altout two
inelies of fat, being in as good order as any butlalo we had killed
in November tm the eastern i)lains. Over this valley country —
about 150 miles across — the Indians informe<l us thai snow falls
only a few inches in depth, such as wo saw it at tin- time.

The immediate vidley of the Upper Ct»lorada for about U)(» miles
in breath, and from the 7th to the 22d of Janmiry, wa^^ entiiely
bare of sn(»w, and the weather resembled that of autumn in his
country. The line here entered the body of mountains known as
the Wa-aatch and Chu-ter-ria ranges, which are practicalde at seve-
ral places in this part of their course; but the falling snow and
destitute c(uulition of my party again interfered to impede examin-
ations. They lie between the C'olorado valley and the Croat Basin,
and at their western base are established tiie Mormon settlements of
Parawan and Cedar City. They are what are called fertile moun-
tains, abundant in water, wood, and grass, and fertile valleys, otler-
ing inducements to settlement and facilities for making a road.
These mountains are a great store-house of materials — timber,
iron, coal — which would be of indispensable use in the construc-
tion and maintemmce of the road, and are solid foundations to
build up the future prosperity of the rai)idly-iucroasing Utah
State.

Salt is abundant on the eastern border mountains, as the Sierra
de iSaZ, being named from it. In the ranges lying behind the Mor-
mon settlements, among the mountains through which the line
passes, are accumulated a great wealth of iron and coal, and exten-
sive forests of heavv timbe'*. These forests are the largest I am
acquainted with in the Ki>ck_y Mountains, being in some places
twenty miles in depth of continuous forest, the general growth
lofty and large, frequently over three feet in diameter, and some-
times reaching five feet, the red spruce and yellow pine predomi-
nating. At the actual southern extremity of the Mormon settle-
ments, consisting of the two enclosed towns of Parawan and Cedar
City, near to which onr line passed, a coal mine has been opeuod

478

LIFE AND SERVICES OF JOHN C. FREMONT.

r:i ' 1

for about eighty yards, and iron works already established. Iron
here occurs in extraordinary masses, in some parts, accumuhited into
nuMintaius, which come out in crests of soHd iron thirty feet tiiiclc
and a hundred yards long.

In passing tiirough this bed of mountains about fourteen days
had been occupied, from January 2-l:th to February 7th, the deepest
snow we here encountered being about up to the sadille-skirts, or
four feet; this occurring only in occasioiuil drifts in the passes 012
northern exposures, and in tlie small mountain liats hemmed in by
Avoods and hills. In the valley it was sometimes a few inciies deep,
and as often luuie at all. On our arrival at tlie Mormon settlements,
February 8th, we found it a few inches deep, and were tliere
informed that the winter hnd been unusiiallv long-continued and
severe, the thermometer having been as low as 17-^ below zero, and
nitu'e snow having fallen than in all the previous winters together
since the establishment of this colony.

At this season their farmers had usually been occupied with their
ploughs, preparing the laiul for grain.

At this point the line of exploration entered the tJurd or western
section, comprehending the wumwliiWMm^ jdateau, between the Wah-
satch Mountains and the Sierra Nevada of California. Two routes
have suggested themselves to me f()r examination, one directly
across the plateau^ between the 37th aiul 38th |)arallel>i; the other
keeping to the soutii of the mountains and following tor about 2U0
miles down a valley of the Rio Vlrgea — Virgin Kiver — thence
direct to the Tejon Pass, at the lu.'ad of the San Joaipiin vallev
Tliis route down the Virgin Kiver luid been examined the year
before with a view to settlement this summer by a Mormon expl«»r
ing party under the command of Major Steele of Parawan, wh
(and others of the partv) informed me that they found fertile va'
leys inhabited by Indians who cultivated corn and meh)ns, and tl
rich ground in many |)laces matted over with grai»e vines. Tl
Tejon Passes are two, one of them (tVom the abundance of vines at
its lower end) called Caxon de las Ucas. They were of long u^e
and were examined by me and their practicability ascertained in m;
exi)edition of 1848-49, and in 1851 I again pa>sed through tliei
both, bringing three thousand head of cattle tiirough one o
them.

Knowing the practicability of these passes, and confiding in th
report of Major Steele as to the intermediate country, 1 deterininet
to take the other (between the 37th and 38th parallel-'), it recoin
mending itself to me as being more direct towards San Francisco
and preferable on that account for a road, if suitable ground coul
be found; and also as being unknown. The Moriions intbiuied m
that various attempts had been made to explore it, and all faile
for want of water. Although biased in favor of the Virgin Kiv
route, 1 determined to examine this one in the interest of geogr:

le
le

PACIFIC RAILROAD.

479

KMONT.

istablished. Iron
ftccuiuuhited uito
1 thirty feet thick

)vU fourteen days
•V 7th, the deepest
e saddle-^kh-ts, or
. iu the l)as^ieri on
ats heiiimed in by
a tew iiiciies deep,
orinon riettlenieiUrf,
and were thei-e
ong-contiiuied and
70 "below zero, and
IS winters togetlier

occupied with their

,he third or western
ji between llieNVah-
fornia. Two routes
uition, one directly
parallels-, tlie other
,,\ving for about, 2U0
,^Mu Kiver-thence
tian Joacphn valley,
examined the year
uv a Mormon exi)lor-
,le of Farawan, who
,ey found fertile val-
iul melons, and the

h grape vines, ine
Abundance of vnies at
Uy were of long u^e,
Ut'y ascertained ui my
Lised throtigh the.n
ttle tlirough one ot

I and confiding in the
Country, I deternnned
parallels), n recom-
Iwirds San Francisco,
suitable ground could
lor.uons info.nied me,
uhre it, and all tailed
Tot the Virgin Kiver
the iatereit of geogra-

phy, and accordingly set out i'jr this purpose from the settlement
ahont tlie 2uth of Feltrnary, travelling directly westward from
Cedar City (eighteen miles west of Par.'iwaii). We found tiie coimiry
a liigii tahle land, brisiling with nioUMtains, ot'ten in short isolated
blocks, and sometimes accumulated into considerable ranges, with
numerous open and low passes.

We were thus always in a valley and always surrounded by moun-
tains more or less closely, which apparently altered in sha[)e and
po>ilion as we advanced. The valleys are <lry and naked, without
water or wood; but the mountains are generally covered with
grass and well wooded with pines; springs are very rare, and occa-
sionally small streams are at remote distances. Not a human being
was encountered between the Santa Clara road, near the Mormon
Settlements and the Sierra N^ecuda, over a distance of more than
3UU mile-<. The solitary character of this uninhabited region, the
naked valleys without watercourses, among mountains witii fertile
soil and grass and woods abundant, give it the appearaiKie of an
untinished country.

Commencing on the 38th, we struck the Sierra Nevada on or
about the 37th parallel about the 15th March.

On our route across we had for the greater i)art of the 'ime plea-
sant and r Jier warm weather; the valley grounds and low ridires
uncovered, but snow over the upper parts of the higher moiuitains.
Between the 20th of February and 17th of March we hail several
snow-storms, sometimes accompanied witli hail and heavy thunder;
but the snow remained on the valley groun<l only a few hours after
the storm was over. It forms not the least impediment at any time
of the winter. I was prepared to find the Sierra here broad,
rugged, and blocked up with snow, and was not (lisapi)oiiited in my
expectation. The tirst range we attempted to cros.-, carried us t(»ari
elevation of 8,000 or 9,000 feet and into in^.passable suow, wliich
was further increased on the lOfh by a considerable fall.

There was no object in forcing a passage, anil I accordingly turned
at once some sixty or eighty miles to the southwai'd, making a wide
sweep to strike the Point of the California Mountain where the
Sierra Neva<la suddenly breaks oft' and declines into a lower coun-
try. Inform:ition obtained years before from the Indians led me to
believe, that the low mountains were broken into many passes, and
at all events I had the certainty of an easy passage through either
of Walker's passes.

When the Point was readied I found the Indian information fully
veritied; the mountain suddeidy terminated and hntke down into
lower grounds barely above the level of the country, and making
numerous openings into the valley of the San Joaquin. I entered
into the fir>t which offered (taking no time to search, as we were
entirely out of provisions and living upon horses), which led us
by an open and almost level hollow thirteen miles long to an

430

LIFE AND SERVICES OP JOHN 0. FJIEMONT.

m •{

\i )

! ';?' ]

■! ^'if I

Upland not steep enough to be called a liill, over into the valley of
a small affluent to Kern River; the hollow and tlie valley niukiiiff
together a way where a wagon would not tind any obstruction for
forty miles.

The country around the passes in which the Sierra Nevada here
terminates, declines considerably below its more northern eleva-
tions. There "was no snow to be seen at all on its eastern face, and
none in the pass; but we were in the midst of opening spring,
flowers blooming in fiells on both sides of the Sierra.

Between the point of the mountains and the head of the valley
at the Tejon the passes generally are free from snow tlirougliout
the year, and tlie descent from them to the ocean is distrihuted
over a long slope of more tlian 200 miles. The low dry country
and the long slope, in contradistinction to the high country and
short sudden descent and heavy snows of the passes behind the bay
of San Francisco, are among the considerations which suggest them-
selves in tavor of the route by the head of the San Joaquin.

The above results embody general impressions made upon my
mind during this journey, it is clearly establisiied, that the winter
conditi(»n of the country constitutes no impediment, and from vviiat
has been said, the entire practicability of the line will be as clearly
inferred. A fuller account hereafter will comprehend detailed
descriptions of the country, with their absolute and relative eleva-
tions, and show the ground upon which the conclusions, were
based. They are contributed at this time as an element to aid the
public in forming an opinion on the subject of the projected rail-
way, and in gratitication of my great desire to do sometliing for its
advancement. It seems a treason against mankind and the spirit
of prt)gress which marks the age, to refuse to put this one com-
pleting link to our national prosperity and tlie civilization of the
world. Europe still lies between Asia and America : build this rail-
road and things will have revolved about: America will lie between
Asia and Europe — the golden vein v.diich runs through the history
of the world will follow the iron track to San Fransisco, and tlie
Asiatic trade will finally fall into its last and permanent road,
when the new and the modern Ohryse throw open their gates to
the thoroughfare of the world.

1 am, gentlemen, with much regard, respectfully yours,

J. C. Fekmont.
Washihotom, Jun6 18.

FINIS.

MONT.

to the valley of
e valley iimkiiig
r obstruction tor

ra Nevada here
northern eleva-
jastern face, and
opening spring,
•a.

ad of the vallev
now tiironjrliout
n is distributed
low dry country
igh country and
s behind the bay
:!h suggest theni-
Joaquin,
made upon my
that the winter
:, and from wiiat
v'ill be as clearly
rehend detailed
d relative eleva-
itnclusions. were
3ment to aid the
! projected rail-
omething for its
id and the spirit
t this one com-
vilization of tho
l: build this rail-
i will lie between
)ugh the history
ansisco, and the
lermanent road,
!u their gates to

yours,
C. Fekmont.