YALE UNIVERSITY
LIBRARY

Derby Be Jackson., TffewTin*k

MEMOIR

THE LIFE AND PUBLIC SERVICES

JOHN CHAELES FREMONT,

INCLUDING AN ACCOUNT 0*HIS EXPLORATIONS, DISCOVERIES AND ADVENTURES ON JTCVH
SUCCESSIVE EXPEDITIONS ACROSS THB NORTH AMERICAN CONTINENT J VOLUMINOUS
SELECTIONS FROM HIS PRIVATE AND PUBLIC CORRESPONDENCE; HIS
DEFENCE BEFORE THE COURT MARTIAL, AND FULL REPORTS
OF HIS PRINCIPAL SPEECHES IN THE SENATE
OF THE UNITED STATES.

BY JOHN BIGELOW.
WITH SPIRITED ILLUSTRATIONS, AND AN ACCURATE PORTRAIT ON STEEL.

NEW YORK:
DERBY & JACKSON, 119 NASSAU ST,
H. W. DERBY & CO., CINCINNATI.
1856.

Kmtbrbd According to Act of Congress, in the yenfTBM, by
DERBY & JACKSON,
In tho Clerk's Office of the District Court of the United States, for the Sonthem District of New York.

W. H. Tihsoh, Stwreotyper.

AliEXANDER VON HUMBOLDT,
THIS MEMOIR OF ONE WHOSE
GENIUS HE WAS AMONG THE FIRST TO DISCOVER AND ACKNOWLEDGE,
IS RESPECTFULLY INSCRIBED BY THE AUTHOR.

PREFACE

¦ The engrossing and universal interest recently awakened, in
the subject of this memoir, by the presentation of his name as
a candidate for the 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, ajad would 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 character that he has written or
made, having a tendency to enlighten the country in regard to
his qualifications for the highest honors of the Eepublic. 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 have as little
trouble as possible in adjusting the measure of allowance to be

Tl PREFACE.
made for the partialities of political or personal friendship. A
glance at the following pages will satisfy the most cursory ob
server 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 a conscientious regard for truth.
He regrets that the brief time allowed for its preparation, and
the pressure of engrossing professional duties have prevented
his making it less unworthy of its subject.

CONTENTS.

CHAPTER I. *
Parentage, Birth and Education,  • • • . , 11
CHAPTER n.
Chooses his Profession — Marries Jessie Benton. ...... .80

CHAPTER in.
First Exploring Expedition — Explores the South Pass — Plants the American Flag
on the highest Peak of the Rocky Mountains — Speech of Senator Linn, . . .80

CHAPTER IV.
Second Exploring Expedition — Kit Carson — Mrs. Fremont withholds Orders from
the War Department — Colonel Benton's Account of the Expedition — Discovers the
Inland Sea — Perilous Voyage to its Islands in a linen Boat — Arrives at Fort Van
couver and fulfills the Instructions of his Government,  69

CHAPTER V. 5
Second Exploring Expedition continued — Sets out from Fort Vancouver — Interest
ing Indian Council— Speech of Col. Fremont — Journey through the Mountains —
Insanity of his Men from Privation and Cold— Preuas loses his Way-- Arrival at
the Rancha of Captain Sutter,  92
vii

CONTENTS.

CHAPTER VI.

Second Exploring Expedition concluded — Encamps among the Digger Indians —
Their Habits and Character — Massacre of Tabeau — Recovery of his Remains
Return to Utah Lake— Analysis of the Results of the Expedition by its Command-

110

CHAPTER VII.
Third Expedition— First Visit to Mariposas — Strange Phases of Indian Life— Fight
with Horse-thief Indians — Loses all his Cattle in the Snow — Hostile Message from
Governor Castro — Hoists the American Flag in California — Col. Benton's Account
of the Conquest of Oalifornia — Kit Carson's Account of a Night Attack by a Party
of Tlamath Indians— Pardon of Pico— Secretary Marcy's Account of the Conquest
of California — Establishes the Independence of California  123

chapter vrn.
Conquest of California completed — Joins Commpdore Stockton — Description of his
Party on its arrival at Monterey — Organizes the California Battalion — Is appointed
Major — 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 Wah-lah-wah-lah Indians quelled— Capitulation of
Couenga— Fremont Governor of California,  158

CHAPTER IX.
Origin of the Controversy between Col. Fremont and General Kearney— Is ordered
by General Kearney not to re-organize the California BattaUon— His Reply-
General Kearney claims the Command of the Californian Army— Commodore
Stockton refuses to yield it— Their Correspondence— New Instructions from Wash
ington—Kearney takes the Command— 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 If 9

CHAPTER X..
Fremont arrives at Washington— Demands a Court Martial— niness 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,  «...

CONTENTS. JX

CHAPTER XI.

Colonel Fremont projects a fourth Exploring Expedition— California Claims Bill-
Speeches of Senators Benton, Clarke and Dix — Map and Geographical Memoir 
Report of Senator Breese— Professor Torrey's Planta Fremontianae— Golden
Medal from the King of Prussia— Letter from Humboldt— Founder's Medal from
the Royal Geographical Society of London— Letters from John M. Clayton and
Abbott Lawrence— Reply of Col. Fremont,  . gig

CHAPTER XII.
Correspondence between Col. Fremont and Captain Charles Wilkes, . . . 8S4
CHAPTER XIII.
Fourth Expedition — Encamped In Kansas — 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 the
Ranche of Kit Carson — Thrilling Letter to his. Wife — Adventure wilh Navahoes
Indians,  857
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—
Confirmed bythe U. S. Supreme Court — Opinion of Chief Justice Taney— Receives
the appointment of Mexican Boundary Commissioner — His Magnanimity to
Colonel Weller— First political Letter — Elected to the United States Senate, . . 879
r CHAPTER XV.
Sails for Washington as United States Senator— Takes the Chagres Fever— Letter to
the Philadelphia Pacific Railroad Convention,  80S
* CHAPTER XVI.
Fremont's Caree* as United States Senator — Speech on the Indian Agency Bill —
Speech on the Bill making temporary provisions for working the Mines of Cali
fornia — Challenges Senator Foote— Foote's Retraction — Fremont's Letter about the
Affair,  40S

CONTENTS.

CHAPTER XVII.

Retum to California— Illness— Candidate for re-election to the United States Senate
—Goes to Europe— Projects his Fifth andLast 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-meat — They swear not
to Eat each other— Freezing, Death, and Burial of Fuller— Declines a Public Dinner
in San Francisco — Returns to Washington, ....,¦•• *

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.
Conclusion, ...¦•....••.... 461
APPENDIX  , . . 467

THE LIFE

JOHN CHARLES FREMONT.

OHAPTEE I.
PAEBNTAGE, BLBTH AND EDUCATION.
In the social disruptions of the French He volution,
many broken fortunes were replanted in America, and
in the words of Chateaubriand, then himself a wanderer
in 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 young French-

12 LIFE AND SERVICES OF JOHN C. FEEMONT.
man of the name of Fremont, from the neighborhood of
Lyons, who was on his way to join an aunt in St.
Domingo. During his protracted captivity, M. Fremont eked out
the scanty prison allowance by basket-making — a com
mon resource among the' prisoners — in which his supe
rior taste 60on 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 be
came 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 Yirginia. 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 with the most illustrious family of this or
perhaps of any country ; a connection subsequently
drawn still closer by repeated matrimonial alliances +
* Sparks's Washington, vol. i., 548 ; ib. vol. v., 268 ; ib. voL vi. 296
f In a brief sketch of his family descent, which General Washinefco
furnished at the request of Sir Isaac Heard, in 1792, he says :

BIRTH, PARENTAGE, AND EDUCATION. 13
Colonel Whiting, Mrs. Fremont's father, was one of
the most wealthy and prominent men of his day in
Virginia ; he was a leading member of the House of Bur
gesses, and during the Revolution was President of the
Naval Board at "Williamsburgh (then the seat of govern
ment), officially the most exalted position, at that time,
in the Colony.* Prior to the revolution he had been
king's attorney.
" Lawrence Washington, his eldest son (of John Washington, the
founder of the family in this country) married Mildred Warner, daughter
of Colonel Aughstine Warner, of Gloucester county, by whom he had
two sons, John and Augustine, and one daughter, named Mildred. He
died in 169*7, 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 Colonel Thomas Whiting, the grandfather of
Mrs. Fremont the elder) of Gloucester county, where he settled, died,
and was buried. He had two sons, Warner arnd Henry, and three
daughters, Mildred, Elizabeth, and Catharine, all of whom are dead.
" Warner Washington married first Elizabeth Macon, daughter of CoL
William Macon, of New Kent county, by whom he had one son, who is
now Jiving, and bears the name of Warner. His second wife was
Hannah, youngest daughter 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  Nelson. After his second marriage
he removed from Gloucester, and settled in Frederick county, where he
died in 1791.
" Warner Washington, his son, married  Whiting, of Gloucester,
by whom he has many sons and daughters.'' * * * — Sparks's Wash
ington, vol. i., p. 548.
*In Henning's Statutes at Large, vol. ix., we find the following ordi
nance in relation to this commission':
"Mat, 1776. — Interregnum.
"An ordinance for establishing a Board of Commissioners, to superintend
and direct the Naval affairs of this Colony.
" Whereas, the Naval preparations of this Colony will be carried on

li LIFE AND SERVICES OF JOHN C. FREMONT.
He was also a man of large wealth. He owned the
whole of the land lying between North River and "Ware
River, in Gloucester county. His prominence as the
president of the Naval Board exposed him specially to
the depredations 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,
whose business it shall be particularly to superintend and direct the
same, " Be it therefore ordained, by the delegates of Virginia now in General
Convention, and it is hereby ordained by tlie authority of the same, That
Thomas Whiting, John Hutchings, Champion Travis, Thomas Newton,
Junior, and George Webb, Esquires, be, and are hereby appointed and
declared a Board of Commissioners," &c, &c.
. * The following is a copy of Col. Whiting's will. The estate was
largely increased before the division took place :
WILL OF THOMAS WHITING, GRANDFATHER OF COL. FREMONT.
" In the name of God. Amen. I, Thomas Whiting, of the Parish of
AbiDgdon, in the County of Gloucester, do make this my last will and
testament, as followeth  Imprimis, I desire all my just debts to be
paid. I give to my son, Thomas Whiting, the land purchased of Jos.
Devenport and Edward Howe, lying in Abington Parish and County afore
said, containing about six hundred acres, more or less, to him and hia
heirs. I do give unto my said son, Thomas, the houses and lots I possess
in Glostertown, to him and his heirs. 1 give unto my two sons Henry
Whiting and Horatio Whiting, and their heirs, my two plantation's, lyin"
in the Parish and County aforesVid, called and known by the names
Hackney and Rumford, including the land purchased of Wm. Sawyer'
and the land purchased of Robert Coleman's estate, jointly with Col
Warner Lewis — equally to be divided between Ihem. It is my wish and
desire, that my wife, Eliza Whiting, take her dower of my lands in those
divided to my sons, Henry and Horatio, and not in the land divided to
my son Thomas ; but if she should, then I give my son Thomas in case

BD2TH, PARENTAGE, AND EDUCATION. 15
Col. "Whiting 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 as aforesaid, his choice either to
-take the lands devised to his brothers as aforesaid, or of the lands before
devised to him ; and if he should make choice of the Hackney and Rum
ford, and the other lands therewith devised, and then in such a case, I
give the lands devised to Thomas, to the said 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, subject 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 her heirs, and that she may have Peg, Sail's daughter, and also Har
riet, in her part. I give unto 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, Eliza T. Whiting, fifteen
slaves, 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 dower in 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, Ailee, and her child, Porter ; Amarillis,
Nelson, 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 Thomas, and daughter
Eliza ; and do give unto the said Charles M. Thurston full power to sell
and dispose of any part of my said son's estate, real and personal, if he
shall judge it for my said son's interest and advantage so to do. I give

16 LIFE AND SERVICES OF JOHN 0. FREMONT.
trifling perhaps in itself, serves to show the kind of rela
tions subsisting between the two families.
He was married three times and had fifteen children,
eight of whom survived him. His last wife, Elizabeth
Sewall, by whom he had three of them, including Anne
Beverley, afterwards the mother of Colonel Fremont,
survived him, and married Samuel Carey, by whom she
had four children.* Mr. Carey managed the estate so
unto my grandson, Thomas Hubard and his heirs, all the lands I have in
Petsworth Parish, in the county aforesaid. All the rest of my estate, not
heretofore devised, I give to be equally divided among all my children,
to wit : Thomas, Henry, Horatio, Sarah, Catharine, Eliza T., Susanna,
Jane, and Ann Whiting. Lastly, I appoint my beloved wife, Eliza Whi
ting, Executrix, and my friends, Charles M. Thurston, John Page of
Rosewell, and Warner Lewis, jun., Executors of this my last will, hereby
revoking all wills heretofore by me made. In witness whereof, I have
hereunto set my hand and seal the 1 5th day of October, Anno Domini
1780. " Thomas Whiting."
" Signed, sealed, published, and declared by the testator as and for his
last will, in presence of us,
Richard Cart,
Johanna Dunlap,
Robert Innis."
* This intermarriage with the Carys, established another marital 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 1 t f
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 t
that time and what has since happened I am not informed. Your n' J
in Alexandria are both married; the elder to Mr. Herbert, the you

BIKTH, PARENTAGE, AND EDUCATION. 17
improvidently that the children by the first marriage
were ultimately compelled to resort to the courts for an
account and apportionment of the property.*
t
to Mr. Harvey Whiting, son of Frank in Berkeley. Mrs. Carey, her son
Col. Carey, Mr. Nicholas, Mrs. Ambler and tLeir respective families
were all well about two months ago. Miss Carey is married to Thomas
Nelson, s.econd son to the Secretary. * * * *
— Sparks's Washington, vol. v. p. 268.
* Among the records of the Superior Court of Chancery held in Rich
mond, June 13th, 1810, there is a petition and decree on file (one of the
fruits we presume of the litigation- referred to in the text), directing
that the slave of which the said father Thomas Whiting died possess
ed or to which he was entitled, and the increase of the females, be divided
and allotted to the several parties according to their respective rights,"
by commissioners named in the decree. The award of the commissioners,
in itself a sufficiently curious document, runs as follows :
" In pursuance of the above annexed decree. We the subscribers
being commissioners named therein, have this day divided the slaves
belonging to the estate of Thomas Whiting 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 $400, Coxen $400, Aggy and child Lucy $380, Augusta
and children Billey, Harriet, Agnes and Edmond, $820. 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, $465. Lucy and
children Betty, Cate, Mariah, and a male infant, $730, Sarah $150, Joe
$60, and old Frank $5.
" To John Pryor and Ann his wife the negroes contained in lot No. 3,
viz. : Phil $400, Black Peter $400, Peggy $300, Hannah* and children
Stirling and Salley $580, Billey $250. Eugene $230, and the estimated
value of a negro sold by said Pryor about about two years ago $224,
and to Morgan Tomkies, who it appears is entitled to the interest of
Charles Grymes and Jane his wife, the negroes contained in lot No. 4,
* The slave Hannah mentioned in the above list was afterwards Colonel Fremont's
nurse.

18 LIFE AND SERVICES OF JOHN 0. FREMONT.
viz. : Frank $400, Black Phil $400, Nelly $300. Venus and children,
Kitty, Daniel, Charles and Phil $830, Daniel $250. Alice $150, and
Gardner Frank $160 — and for reasons appearing to us lot No 4 is to pay
lot No. 3 $21 50, to lot No. 2, $12 50, and to lot No. 1, 50 cents. It
also appears to us after the above allotment was made, that Joe, in lot
No. 2, was appraised to $160 instead of $60, wherefore it is directed,
that lot No. 2, shall pay to the other lots the sum of $15 cash.
" Given from imder our hands this 16th day of July, 1810.
Robert West.
John Hughes.
Wm. K. Perrin."
The following entries are taken from a fragment of the Abington
church records, which are deposited at the Gloucester Court-house.
They appear to give most of the important marriages and deaths in the
family, for more than half a century, and they also furnish interesting
evidence of the solicitude of Col. Whiting, to have all his slaves bap
tized. 1732, Major Peter Whiting, was buried February 28.
1735, Mary, the daughter of Francis Whiting, and his wife was born
20th April, and baptized 6th 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 Whiting, baptized June 27.
1742, Catey to Mr. Whiting, born January.
1743, November, Betty to Mr. Brodr. 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 Whiting was married to Mrs. Frances Perrin, Jan. 24.
1749, Mrs. Elizabeth 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 ban
tized April 8. '
1751, Phill. slave to Thos. Whiting, baptized January 26.
1753, Grace, slave to Mr. Thomas Whiting, baptized September 9

KLtilLl, .FAKKNTAUJS, AND EDUCATION. 19
1754, Henry, slave to Capt. Thomas Whiting, 2 months old, oap-
tized September 15.
1754, Nelley, slave to Mr. Beverley Whiting, baptized Oct. 13.
1755, Mr. Beverley Whiting, departed this life.
(leaf torn,) Thos. Whiting baptized Sept 7 — (uncertain).
1756, Joe, slave to Capt;' Thomas Whiting, born May 26, and bap.
tized August 1,
1756, Frank, slave to Mrs. Whiting, in town, baptized August 15.
1756, Beverley, son of John and Mary Whiting, baptized Oct. 18.
1757, Frank, slave to Capt. Thos. Whiting, born April 1, baptized
May 8.
1757, Jerry, slave to Capt. Thos. Whiting, baptized Sept. 25.
1758, Amey, " " " " " February 8.
Francis, " " " " April 16.
1758, Johnny, slave to Mrs. Whiting, Gloucestertown, baptized
May 28.
1758, Else, slave to Capt. Thos. Whiting, baptized August 27.
1758, Beverley, son of Thomas and Eliz. Whiting, born March 10.
1758, 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 was
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, Cattie, 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
June 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 Glen Town, died the last of Oct.
and was buried 2d of Nov.
1761, Ben and Ned, slaves to Mrs. Whiting, in Gloucestertown, bap
tized March 22.
1761, William, 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.

20 LIFE AND SERVICES OF JOHN 0. FREMONT.
Anne Beverley, Mr. Fremont's mother, was but six
months old when her father died. "When her step
mother died, she went to reside with her sister Catherine,
the wife of a Mr. Lowrey, one of the oldest families in
Virginia, and the proprietor of the whole of Back River.
This change of home was one of the results of the
angry litigation which had been going on between the
children of Thomas "Whiting and Mr. Cary, in conse
quence of their ineffectual efforts to get from him their
respective shares of their father's estate, and which had
made Mr. Cary's house an unpleasant home for all
who were interested in a distribution of the property.
Anne being the youngest, was most defenceless in the
hands of Mr. Cary, and instead of being an heiress she
found herself at an early age, almost dispossessed of
a large proportion of the ample heritage^ which^ had
been left her. "When she had reached the age seven
teen, her sister, Mrs. Lowry,* desiring to provide for
her against what in those days and in that circle was
deemed the greatest of all calamities, poverty, arranged
a marriage for her with Major Pryor, also of Glouces
ter county, who was very rich and very gouty, and
sixty-two years of age ; just forty-five years her senior.
Aside from the fatal disparity of years, Major Pryor,
lacked refinement and sensibility, and was in every
respect repulsive to the young creature, who was sacri
ficed to him. Anne resisted the importunities of her

* Mrs. Lowrey is still lining, and although eighty-five years of age, is
in the enjoyment of good health and unimpaired faculties. Her first
husband was a Lieutenant Stevenson of the Continental army, and a
relative of Andrew Stevenson minister to England in 1836.

BIRTH, PARENTAGE, AND EDUCATION. 21
sister as long as she could, but finally, overcome by
a sense of her homeless and dependent condition, which
were constantly pressed upon her consideration, the
despairing orphan yielded to her venerable suitor, and
became Mrs. Major Pryor. Marriage only increased
her regret for the sacrifice to which she had submitted.
She became melancholy ; shunned the gay society and
habits of life to which her husband was addicted, and
thus dragged out twelve long years of wedded misery.
By this time, as they were childless, both had become
convmced that the happiness of neither would be pro
moted by continuing to live longer together, and they
separated. As both had influential friends, the legisla
ture of the State, which happened to be in session,
promptly sanctioned their separation, by passing an act
of divorce. Not long after both married again, Mrs.
Pryor to Mr. Fremont, and Major Pryor, in the 76th
year of his age, to his housekeeper. This connexion of
course gave great dissatisfaction to the "Whitings, who
were one of the most aristocratic families in Virginia,
and eould not understand how any person who earned
his bread, especially by teaching, could be a gentleman.
But Mrs. Pryor having taken their advice once, as to
her 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 worthy of
both. 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.

22 LDJE AND SERVICES OF JOHN C. FREMONT.
After their 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 tracts of country were still occupied by the
aboriginal tribes.
The means of communication in that country then
were very rude, and they 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-fire. 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, that Mrs. Fremont gave birth to their
eldest child 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. ' He had emigrated early from St. Do
mingo. The loss of his eldest son, a boy of sixteen who
was killed by the bursting of a gun at a fourth of '.July

BIRTH, PARES T AGE, AND EDUCATION. 23
celebration in Norfolk, saddened the place to him, and
he returned with his family to France. He had been
anxious to take with him his brother's family, and made
it a point with his widow to accompany him. Her 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 death
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 pleasure in directing the capa
city he seemed to possess, and devoted many of his
leisure hours to young Fremont's instruction. The lad's
vigorous application 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. Johii 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

21 LTFE AND SERVICES OF JOHN C. FREMONT.
continues in the faithful exercise, of his profession at
Philadelphia, is preserved in the preface to an excellent
interlinear translation of Xenophon's Anabasis which
was published by him some six years ago. In the
course of it he refers especially to the intellectual and
personal habits of Fremont, while under his charge, and
commends them to his pupils, to whom the book is dedi
cated, 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 perhaps not so much (14), of middle
size, graceful in manners, 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, aiid
(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 youth, as intelligence beamed in his
dark eye, and shone brightly on his countenance, indi
cating great ability, and an assurance of his future pro
gress. I at once put him in the highest class, iust-
beginning to read Csesar's Commentaries, and although
at first inferior, his prodigious memory and enthusiastic

;;^;j^rt5?^™®^'^^^'*' ¦'

\ \ .o<srte— t,--

COI,. HiK.MuNI V KNCAMP.Mh.NT, ACCO.MPANIKD BY HIS W1FK( MKS. JlCSSIk MiKMUNT, NKAU
TUK I'KKSKNT SII'K OF I.KCnM PTK, IN KANSAS.

BD3TH, PARENTAGE, AND EDUCATION. 25
application soon enabled him to surpass the best. He
began Greek at the same time and read with some who
had been long at it, in which he also soon excelled. In
short, in the space of pne year he had with the class,
and at odd hours he had with myself, read four books of
Csesar, Cornelius Nepos, Sallust, six books of Virgil,
nearly all Horace, and two books of Livy ; and in Greek,
all Grseca Minora, about the half of the first volume of
GraBca Majora, and four books of Homer's Iliad. And
whatever he read, he 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
disposition, his powerful inventive genius, his admiration
of warlike exploits, and his love of heroic and adventurous
deeds, I did not think it likely he would be a minister of
the Gospel. He had not, however, the least appearance
of any vice whatever. On the contrary, he was always
the very pattern of virtue and modesty. I could not
help loving him, so much did he captivate me by his
gentlemanly conduct and extraordinary -"progress. It
was easy to see that 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 gives of the battle of Marathon, the bravery
of Miltiades and his ten thousand Greeks raised his
patriotic feelings to enthusiasm, and drew from him
expressions which I thought were embodied, in a few
days 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 my
2

20 LIFE AND SERVICES OF JOHN 0. FREMONT.
u.iented schokr tu be the author, I went to his desk, and
asked him if he did not write them ; and hesitating at
first, rather blushingly, he confessed he' did. I then
said, ' I knew you could do such things, 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 I 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 tearch that 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 the end of the year 1828 I left
Charleston, but I heard that he highly distinguished
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 by
flood and fiftld, and of scientific explorations, Which
have made him world-wMe renowned. In a letter I
received from him very lately, he • expresses his grati
tude to me in the following words : ' / am very far
from either forgetting you or neglecting you, or in any
way losing the old regard I had for you. There is no
time to which I go hack with wore pleasure than that.
spent with you, for there was no time so thoroughly weU/i:
spent, and of anything I may have learned, I rememberi
nothing so well, and so distinctly, as what I acquired
¦¦nth you.' Here I cannot help saying that the merit
was almost all his own. It is true that I encouraged
and cheered him on, but if the soil into which I put the

BTRTH, PARENTAGE, AND EDUCATION. 27
seeds of learning had not been of the richest quality,
they would never have sprung up to a hundred fold in
the full near. Such, my young friends, is but an imper
fect sketch 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 Republic. My prayer is that he
may ever be opposed to war, injustice and oppression
of every kind, a blessing to his country and an example
of every noble virtue to the whole world."
At the age of sixteen young 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 all his own children have
been baptized.* About this time he became acquainted
* Colonel Fremont's religion having become the subject of some diseus
sion, it may not be improper to give in this connection the following cer
tificate of the baptism of his children, from the rector of the Chur.ch of
the Epiphany at Washington City, showing that they wer.e all baptized
in the Episcopal Church. " WA8HIN3T0N ClTT, JlUtJ 12, 1866.
" The following children of J. Charles and Jessie Benton Fremont have
been Baptized in the church of the parish of the Epiphany, Washington,
D.C. — their baptisms being recorded in the register of said parish :'¦'
" 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 in a house, but all were brought to tlie ehwreh,
the order of the Protestant Episcopal Church for ' the Ministration of
Public Ba-ptism of Infants,' was tha-t whioh was used. " J. W. French,
"Rector of tlie parish ofthe Epiphany, Washington, D. O.
Among the sponsors of these children were Col. Benton, Kit Carson,
Capt. Lee. U.S. ST., Francis P. Blair and Col. Fremont himself.

28 LIFE AND SERVICES OF JOHN 0. FREMONT.
with a young "West Indian girl, whose raven hair and
soft black eyes interfered sadly with his studies. He
was absent for days together from the college, and
repeatedly arraigned and reprimanded by the faculty,
but to no purpose. Taking counsel of his heart, and not
of his head, he set college rules at defiance. The faculty
bore with him for a long time on account of his high
standing in his studies, good scholarship, 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 termination 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. His 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 which 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
sulting his family, left his home to work out his fortune .
for himself.
His brief life- gave little space for the employment of

BIRTH, PARENTAGE, AND EDUCATION. 29
energies which might have realized his youthful expec
tations. A few years after this an injury received at a
riot in Buffalo permanently affected his health, and he
returned to his 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
ther made a harsh inroad on the domestic quiet of his
family, and gave a sudden check to the careless and un
reflecting habits 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 then,
has never been intermitted.

30 LIFE AND SERVICES OF JOHN 0. FREMONT.

CHAPTER II.
CHOOSES HIS PROFESSION— MARRD3S JESSIE BENTON.
In 1833,- the sloop of war Natchez entered the port
of Charleston to enforce Gen. Jackson's proclamation
against the Nullifiers. Being thence ordered on a
cruise to South America, Fremont, then 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 that capacity, a cruise of some two
and a half years' duration. Shortly 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
Professorships 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 had in
the meantime decided to labor in a profession which
offered a larger field to energy and promised greater
rewards, and for which his -studies had particularly
qualified him. He made his first essay as surveyor and

CHOOSES HIS PROFESSION  MARRIES JESSIE BENTON. 31
railroad engineer in an examination for an impz-ove-
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 Topographical Engineers (killed in tlie
battle of Monterey), and Gen. W. G. McNeill, for the
purpose 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 mountain passes
between South Carolina and Tennessee, where he
remained until the work was suspended in the fall 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 impressions
durable and attractive — rough and wild, and abounding
in those natural beauties which make the summer in
that region particularly delightful.
He remained 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, North Caro
lina and Tennessee, occupied at this time by the Cherokee
Indians, Fremont accompanied him as one of his assist
ants. This was a winter survey — made hurriedly, in
* In after years, when the result of a court-martial had deprived Fre
mont of his commission in the army, he was offered the presidency of
this railroad, with a salary of $5,000.

32 LIFE AND SERVICES OF JOHN C. FREMONT.
anticipation of hostilities already threatening .with the
Indians— and the surveyors at .times were occupied,
with a guide only, in making rapid reconnoissances on
horseback, and at other times in slower operations,
with a party of eight or ten men, with pack mules to
carry their tents and provisions ; it being a forest coun
try, sparsely occupied by Indian farms. At night they
felled trees, and made large fires of hickory logs,
around which the panther's cry was occasionally heard,
and owls hooted from the hemlocks. This was the first
experience of a winter's campaign to one destined to go
to the verge of human endurance in similar scenes.
From this work, in the spring, he went directly to the
Upper Mississippi, whence he set out on an exploring
expedition over the northwestern prairies, under the
command of J. N. Nicollet.
M. Nicollet was a French gentleman of distinction, a
member of .the Academy of Sciences, eminently distin
guished for varied and extraordinary ability and for his
scientific attainments, " whose early death," says Hum
boldt in his Aspects 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 it had
been one of his most cherished wishes to visit the scenes
of their labors and to draw together .the scattered mate
rials of a history which 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 adopted by our
government, and he had been commissioned to make an

CHOOSES HIS PROFESSION  MARRIES JESSIE BENTON. 33
examination of our almost unexplored northwestern
region in continuation of his own labors.
Mr. Poinsett, then Secretary of War, remembered
Fremont as a suitable person to co-operate in his work,
and procured for him the appointment of principal assis
tant, in which capacity he accompanied M. Nicollet.
during the yean" '38, and '39, in two separate explora
tions of the greater part of the region lying between the
Missouri and the Upper Rivers, and extending north to
the British line. During his absence, in '38, Fremont
was appointed by Mr. Van Buren a second-lieutenant in
the corps of topographical engineers which had been
re-organized by General Jackson, who provided that
half of the corps should be taken from tlie civil service.
Fremont was one of the 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
ing this time Fremont resided with M. Nicollet and Mr.
Hassler, then the head of the coast survey. In the
familiar society and conversations of these two remarka
ble men he enjoyed the rare opportunity of a daily asso
ciation with science in her most attractive guise. They
were not men who had worked laboriously up, branch
by branch, to obtain an incomplete knowledge of sci
ence; their genius had spread out its fields distinctly
before them, and they had surveyed them from an emi
nence. They had invented new forms for the easier
expression of scientific results, and new instruments to
extend and apply them.
The natural result of such an intercourse was to give
him confidence in his resources, and to inspire him with
those enlarged views which have distinguished his sub-
.2*

34 LIFE AND SERVICES OF JOHN C. IREMONT
sequent career, and secured for him flattering attentions
from the most eminent philosophers of his age.
Among the friendly and social relations formed at this
time, which, perhaps, more than any other, influenced
his future life, by identifying him most directly with- the
interests of the West, was his intimacy with the 'family
of Mr. Benton, then senator from ILissouri 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 officer,
both Mr. and Mrs. Benton were decidedly opposed.
Mr. Benton, because, in his judgment, the army
was not a profession, 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. 'i
During the summer of 1841, and while the poor young
officer 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, when shortly
after his return, and on the 19th October, 1841, the
impatient lovers were married.

FIRST EXPLORING EXPEDITION. 35

CHAPTER III.
Flh,Ux 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 oi the 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
southern extremities into the Gulf of California — from
its western side through the Sierra Nevada range into
the bay of San Francisco, and from its western extremity
into the embouchure of the Columbia river.* In his
•Humboldt, in his Aspects of Nature, p. SO, says: "The phys cal and

oQ LIFE AND SERVICES OF JOHN C. FREMONT.
various explorations Fremont had already not only
disabused his mind of many such absurdities as this,-
upon which public curiosity had been fed, but he had
also become strongly impressed both with the feasi
bility and the necessity of an overland communication of
some kind between the Atlantic and Pacific States. This
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 1842 that his first extended plan of. geo
graphical survey was projected, comprehending in its
design the whole of our western territories 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, 13,00^ 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, gaye 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 carried 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 North
America have been rectified, in many respects, by the adventurous
journey of Major Long, the excellent writings ofhis companion, Edward
James, an-i more especially by the comprehensive observations. of Captain
Fremont. '
* Boi.ton's Thirty Tears' View, vol. ii., p. 4,18.

FTRST EXPLORING EXPEDITION. 37
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
effect 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 western 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 life in
the service of the fur companies in the Indian country.
Mr. Charles Preuss, a native of Germany, was his
assistant in the topographical part of the survey. L.
Maxwell, of Kaskaskia, had been engaged as hunter,
and Christopher Carson (more familiarly known, for his
exploits in the mountains, as Kit Carson) was his guide.
The persons engaged in St. Louis were : Clement Lam
bert, J. B. L'Esperance, J. B. Lefevre, Benjamin
Potra, Louis Gouin, J. B. Dumes, Basil Lajeunesse,
Francois Tessier, Benjamin Cadotte, Joseph Clement,
Daniel Simohds, Leonard Benoit, Michel Morly, Bap

SS LIFE AND SERVICES OF JOHN C. FREMONT.
(isie Bernier, Honore Ayot, Francois Latulippe, Fran
cois Badeau, Louis Menard, Joseph Ruelle, Moise
Chardonnais, Auguste Janisse, Raphael Proue.
In addition to these, Henry Brant, son of Colonel J.
B. Brant, of St. Louis, a young man of nineteen years
of age, and Randolph, a lively boy of twelve, son of the
Hon. Thomas H. Benton, accompanied him. All were
well 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 provisions, completed the train. The day on
which they set out happened to be Friday — a circum
stance which 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 use of
the government. We shall content ourselves with a few
extracts which will best serve to illustrate some of
the more striking points in Col. Fremont's character. His
iourney lay along the bed of Platte River, through
what has since become famous as the South Pass, which
he first explored ; thence north, to the Wind River peak
of the Rocky Mountains, which he first ascended, and
to which he has given his name ; and thence home bv
way of tlie Loup fork of the Platte River. When the

FffiST EXPLORING EXPEDITION. 39
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 Chey ennes and Sioux Indians on the one
hand, and the whites on the other, in consequence of an
unfortunate engagement which had recently occurred,
in which the Indians had lost eight or ten warriors.
Some eight hundred Indian lodges were ascertained to
be in motion against the 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 countiy was swarming with
scattered war-parties ; and when I heard, during the day, the
various contradictory and exaggerated rumors whieh were inces
santly repeated to them, T was not surprised 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. In addition to this, he made
his will ; and among the circumstances which 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 Eiver' 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 tbe
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-

40 LIFE AND SERVICES OF JOHN C. FREMONT.
ing to Fort Platte, urged the propriety of taking with me an
interpreter and two or three old men of the village ; in which
case, he thought there would be little or no hazard in encoun
tering any of the war-parties. The principal danger was in-
being attacked before they should know who we were.
" They had a confused idea of the numbers and power of our
people, and dreaded to bring upon themselves the military force
of the United States. This gentleman, who spoke the language
fluently, offered his services to accompany me so far as the Bed
Buttes. He 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 which 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 thirty-five miles ; and,
though 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 up to the tent on horseback, jerk off his trap
pings, and -stand silently at the door, holding his horse by the
halter, signifying his desire 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
agcompany him. I went to one ; the women and children were
sitting outside the lodge, and we took our seats on buffalo robes
spread around. The dog was in a large pot over the fire, in the
middle of the lodge, and immediately on our arrival was dished
up in large wooden bowls, one cf which was handed to eaeh.
The f;ush appeared very glutinous, with something of the flavor

FIRST EXPLORING EXPEDITION. 41
and appearance of mutton. Feeling something 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 prejudices of civilization might have interfered with my tran
quillity ; but fortunately, I am not of delicate nerves, and con
tinued to empty my platter.
" The weather was cloudy at evening, with a moderate south
wind, and the thermometer, at six o'clock, 85 degrees. I was
disappointed 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, a -com-
panied by sharp thunder and lightning, which lasted about an
hour. During tlie 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 witli 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 found that two were out of order, and spent the
greater part of the 19th in repairing them — an operation of no
small difficulty in tbe 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

42 LIFE AND SERVICES OF JOHN O. FRKMONT.
I used to ascertain the temperature of boiling water, and with
, which I had promised myself some interesting experiments in
the* mountains. We had but one remaining, on which the
graduation extended sufficiently high ; and this was too small
for exact observations.
" During our stay here, the men 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 of Mr. Bissonette 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 &<>¦•
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 engaged him
self to one of the forts, and set off with a party to the Upper
Missouri. "I did not think that the situation of the country justified rne
in taking our young companions, Messrs. Brant and Benton,
along with us. In case of misfortune, it would have

FIRST EXPLORING EXPEDITION. 43
thought, at the least, an act of great imprudence; and, therefore,
though reluctantly, I determined to leave them. Randolph had
been the life of the camp, and the '¦petit garfon ' was much
regretted by the men, to whom his buoyant spirits had afforded
great amusement. They all, however, agreed in the propriety
of leaving him at the fort, because, as they said, he might cost
the lives of some ofthe men in a fight with the Indians.
"July 21. — A portion of our baggage, with our field 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 Randolph, 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 continuation of our voyage, had preserved its rate in a most
satisfactory manner. As deduced from it, the longitude of Fort
Laramie is 7 hours 01 minutes 21 seconds, and from lunar dis
tance, 1 hours 01 minutes 29 seconds — giving for the adopted
longitude 104 degrees 41 minutes 48 seconds. Comparing the
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, and 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 be 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 stirrup-cup with our friends in an excellent home
brewed preparation. While thus pleasantly engaged, seated in
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
ber of chiefs, several of them powerful, fine looking men, forced
their way into the room in spite of all opposition. Handing rae

44 LIFE AND SERVICES OF JOHN C. FREMONT.
the following letter (in French), they took their seats in
silence : [translation.] " Fort Platte, July 1, 1842,
'' ' Mr. Fkemont : The chiefs, "having assembled in council, have just
told me to warn you not to set out before the party of young men which
is now out shall have returned. Furthermore, they tell me, that they are
very sure they will fire upon you as soon as they meet you. They are
expected back in seven or eight days. Excuse me for making 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 fwarrior.
are the bearers of this note.
"'lam your obedient servant, " ' Joseph Bissonette.
" ' By L. B. Chartrain.
"'Names of some of tlie Chiefs. — The Otter Hat, the Breaker of Ar
rows, the Black Night, the Bull's Tail.'
" After reading this, I mentioned its purport to my Compaq
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 arc 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
lo have our lives. We love the whites, and are desirous of peace.
Thinking of all these things, we h?ve determined to keep yoii
here until our warriors return. We are glad to see you among
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. We look upon your coming as the light which
goes before the sun ; for you will tell our great father that you,

FIRST EXPLORING EXPEDITION. 45
have seeu us, and that we are naked and poor, and have no-
tb: ig to eat ; and he will send us all these things.'
" He was followed by the others, to the same effect.
" The observations of the savage appeared reasonable ; but I
was aware that they had in view only the present object of de
taining me, and were unwilling I should go further into the
country. In reply, I asked them, through the interpretation of
Mr. Boudeau, to select two or three of their number to accom
pany us until we should meet their people — they should spread
•their robes in my tent and eat at my table, and on our return I
would give them presents in reward of their services. They de
clined, saying that there were no young men left in the village!
and that they were too old to travel so many days on horseback,
and preferred now to smoke. their pipes in the lodge, and let the
warriors go on the war path. Besides, they had no power over
the young men, and were afraid to interfere with them. In my
turn I addressed them :
" ' You say 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 undergo the fatigue of a few days' ride to save
our lives. We do not believe what you have said, and will not
listen to you. Whatever 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 here and see this country, and all tho
Indians, his children. 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 hands. 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
us that your young men would kill us, you did npt know that
our hearts were strong, and you did not see the rifles which my
youno- men carry in their hands. We are few, and you are
many, and may kill us all ; but there will be much crying in

46 LIFE AND SERVICES OF JOHN 0. FREMONT.
your villages, for many of your young men will stay behind, and
forget to return with your warriors from the mountains. Do you
think that our great chief will let his soldiers die, and forget to
cover their graves ? Before the snows melt again, his warriors
will sweep away your villages as th.6 fire does the prairie in the
autumn. See ! I have pulled down my white houses, and my
people are ready : when the sun is ten paces higher, we shall be
on the march. 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 delay. 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 Bull'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
hands, in a few minutes we were among the hills, and this last
habitation of whites shut out from our view."
They were not disturbed farther by the Indians in th«
prosecution of their journey, but they encountered a
more formidable enemy toward the close of the week,
in the scarcity of provisions ; a great drought and the
grasshoppers having swept the country so, that not a
blade of grass was to be seen, nor a buffalo to be found
through the whole region. Some Sioux Indians whom
they met, stated that their people 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.:

FIRST EXPLORING EXPEDITION. 47
Fremont to return. The latter called up his men,
informed' them of what he had heard, and* with that
inflexibility of purpose and faith in himself, which
always seem in hours of greatest peril to have sus
tained him, avowed his fixed determination fo proceed
iu*he execution of the enterprise for which he had been
commissioned, at the same time giving them to under
stand that, in view of the dangers to which they were
exposed, it was optional with them to go with him
or to return.
" Among them," says Fremont, " were some five or
six whom 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. But not a man flinched from the undertaking.
'We'll eat the mules,' said Basil Lajeunesse ; and there
upon we shook hands with our interpreter and his Indi
ans, and parted. Witii them I sent back one of my men,
Dumes, whom the effects 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 ot
everything not absolutely necessary to our future opera
tions, I turned directly in toward the river, and
encamped on the left bank, a little above the place
where our councti 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 :
"The carts having been discharged, the covers and wheels
were taket off, and, with the frames, carried into some low places
among the willows, and concealed in the dense foliage in such a

48 LDJE AND SERVICES OF JOHN C. FREMONT.
manner that the glitter of the iron work might not attract the
observation of some straggling Indian. Iu 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 asjde,
and the remaining part carried to the hole and carefully covered
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 veiy 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 tho
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 and about
a dozen men, who had attempted to keep it from being carried
away. I succeeded in saving tho barometer, which the lodge
was carrying off 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 hisj
subsequent account of its destruction and the ingenuity"
with which he repaired its loss. In crossing the New
Fork of Green river about a week after the events last |

FHK.MUXT PLANTS TUK AMhKICAN H.AG ON THK HUJHKST I'KAK (if 'INK KOCKY MOUNTAINS,

FIRST EXPLORING EXPEDITION. 49
described, the current was very swift, and he accident
ally broke it. It was the only barometer he had been
able to preserve up to that point in his journey, and in
recording the calamity in his journal, he adds :
" A great 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
peaks rose majestically 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 had brought this
barometer in safety a thousand miles, and broke* it almost
among 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 range, 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 deeide 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 Troughton's construc
tion. The, glass cistern had been broken about midway ; but as
the instrument had been kept in a proper position, no air had
3

5C LIFE AND SERVICES QF JOHN 0. FREMONT.
found its way into the tube, the end of which had always
remained covered. I had with me a number of vials of toler
ably thick glass, some of which were of the same diameter &k
the cistern, and I spent the day in slowly working on these,
endeavoring to cut them of the requisite length ; but, as mj
instrument was a very rough file, I invariably broke them. A
groove was cut in one of the trees, where the barometer wag.
placed during the night, to be out of the way of any possible
danger, "and in the morning I commenced again. Among tho
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 then secured it
firmly in its place on* the instrument, with strong glue made
from a buffalo, and filled it with mercury, properly heated. A
piece of skin, which had covered one of the vials, furnished a good ,
pocket, which was well secured with 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 diffused :.
pleasure throughout the camp ; and we immediately set about
our preparations for ascending the mountains."
The great achievement of this expedition, however, and
one of the greatest ever accomplished by any traveller
in any age, all the circumstances considered, was the;-
ascent of the Wind Eiver peak of the Kocky Mountains,
the highest peak of that vast chain, and one whieh was
probably never trod before by any mortal foot. The t
simplicity of Mr. Fremont's account of this day's jouiv«j
Dey befits the sublimity of the events he records. His

FD3ST EXPLORING EXPEDITION. 51
companions in the ascent were Mr. Preuss, Basil Lajeu-
nesse, Clement Lambert, Janisse and Descoteaux. We
can add nothing to the interest or impressiveness of the
narrative. "When we had secured strength for the day (15 Aug.) by a
hearty breakfast, we- covered what remained, which was enough
for one meal, with rocks, in order that it might be safe from
any marauding bird ; and saddling our mules, turned our faces
once more towards the peaks. This time we determined to pro
ceed quietly and cautiously, deliberately resolved to accomplish 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. We soon had the satisfaction to find ourselves riding
along 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 we
came almost immediately below the main peak, which I 'denomi
nated the Snow Peak, as it exhibited more snow to the eye
than any of the neighboring 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 barometer, we had attained but a few hun-

52 LIFE AND. SERVICES OF JOHN C. FREMONT.
dred feet above the Island lake. The barometer here stood a
20-450, attached thermometer 10°.
" We managed to get our mules up to a little bench about a
hundred feet above the lakes, and turned them loose to graze.
During our rough ride to this place, they had ¦ exhibited a won
derful surefootedness. Parts of the defile were filled with angu
lar, sharp fragments of rock, three or four and eight or ten feet
cubic; and among these they had 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 leisurely, sitting down so soon as we found
breath beginning to fail. At intervals we reached places where
a number of springs gushed from the rocks, and about 1,800 feet
above the lakes came to the snow line. From this point our
progress was uninterrupted climbing. Hitherto I had worn a
pair of thick moccasins, with soles of parfleche, but here I put on
" a light thin pair, which I had brought for the purpose, as now
the use of our toes became necessary to a further advance. I
availed myself of a sort of comb of the mountain, which stood
against the wall like a buttress, and which the wind 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 exception 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, when I reached the top, found|
my companions in a small valley below. Descending to them, <
we continued climbing, and in a short time reached the crest

FIRST EXPLORING EXPEDITION. 53
I sprang upon the summit, and another step would have precipi
tated me into an immense snow-field five hundred' feet below-
To the edge of this field was a sheer icy precipice ; and then,
with a gradual fall, the field sloped off for about a mile, until it
struck the foot of another lower ridge. I stood on a narrow crest
about three feet in width, with 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
only 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-like bird already mentioned. A stillness the most profound
and a terrible solitude forced themselves 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 (bromus,
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 ;
and we pleased ourselves with the 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 him immediately, put him in
at least a fit place— in the leaves of a large book, among the
flowers 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 13,570 feet above the Gulf of Mexico, which
may be called the highest flight of the bee. It is certainly the

54 LIFE AND SERVICES OF JOHN C. FREMONT.
highest known flight of that insect* From the description
given by Mackenzie of the mountains where he crossed them,
with that of a French officer still farther to the north, and Col.
* The encounter of Col. Fremont with this solitary pioneer of human
civilization upon the summit of the highest peak of the Eocky Mountains,
is a curious commentary upon the familiar lines which concludes Bryant's
poem of the Prairfes, and which will already have occurred to many of
our readers upon the perusal of the affecting incident so gracefully
recorded by CoL Fremont. * * * * " The bee,
A colonist more adventurous than man,
With whom he came across the Eastern deep —
Fills the savannas with his murmurings,
And hides his sweets, as in the Golden Age,
Within the hoUow oak. I listen long
To his domestic hum, and think I hear
The sound of that advancing multitude
Which soon shall fill these deserts. Prom the ground
Comet" up the laugh of children, the soft voice
Of maidens, and the sweet and solemn hymn
Of Sabbath worshippers. The low of herds
Blends with the rustling of the heavy grain
Over the dark-brown furrows. All at once,
A fresher wind 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
Eocky Mountains to the north-northwest of. Spanish, James', Long's,
and Laramie's Peaks. This snow-covered summit, which belongs to the
group of the Wind Eiver Mountains, bears the name of Fremont's Peak,
on the great chart published under the direction of Colonel Abert, chief
of the topographical department at Washington. This point is situated
in the parallel of 43°10' north latitude, and 110° 7' west longitude, and,
therefore, nearly 5° 30' north of Spanish Peak, which, according to
direct measurement, is 13,668 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 Eiver Mountains constitute the dividing ridge
(divortia aquarum) between the two seas.
********
" To the surprise of the adventurous travellers, the summit of Fremont's

FIRST EXPLORING EXPEDITION. 55
Long's measurements to the south, joined to the opinion of the
oldest traders of the countiy, it is presumed that this h the
highest peak of the Rocky Mountains. The day was sunny and
Peak was found to be visited by bees. It is probable that these insects,
like the butterflies which I found at far higher elevations in the chain
of the Andes, and also within the limits of perpetual snows, had been
involuntarily drawn thither by ascending currents of air. I have even
seen large-winged lepidoptera, 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 researches embrace the immense
tract of land extending from the confluence of Kansas Eiver with the
Missouri, to the cataracts of the Columbia, and the Missions of Santa
Barbara, and the Pueblo de los Angelos, in New California, presenting a
space amounting to 28 degrees of longitude (about 1360 miles) between
the 34th and 45th parallels of north latitude. Four hundred points have
been hypsometrically determined by barometrical measurements, and for
the most part, astronomically ; so that it has been rendered possible 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 (almost 720 miles
more than the distance from Madrid to Tobolsk), As I believe I was
the first who attempted to represent, in geognostic profile, the configura
tion of Mexico and the Cordilleras of South America (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 afforded me special satisfaction to there find
-,he 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. Jatitudes of 37° to 43°, the Eocky Moun
tains present, besides the great snow-crowned summits, whose height
may, be compared to that of the Peak of Tcneriffe, elevated plateaux of
an extent scarcely to be met with in any other part of the world, and
whose breadth from east to west is almost 'twice that of the Mexican
highlands. From the range of the mountains which begin a little west
ward to Fort Laramie, to the further side of the Wahsatch Mountains, the
elevation of the soil is uninterruptedly maintained from five to upwards of
'.even thousand feet above the sea level; nay, this elevated portion
- Chappe d'Auteroche : Voyage en SiterieJaM m 1761. 4 vols., 4to., Paris, 176S.

56 LIFE AND SERVICES OF JOHN C. FRKMONT.
bright, but a slight shining mist hung over the lower plains, which
interfered w'th our view of the surrounding country. On one
side we overlooked innumerable lakes and streams, the spring of
the Colorado of the Gulf of California ; and on the other was
the Wind River valley, where were the heads of the Yellow
stone branch of the Missouri ; far to the north, we just could
discover the snowy heads of the Trois Tetons, where were the
source ofthe Missouri and Columbia rivers; and at the southern
extremity of the ridge, the peaks were plainly visible, among
which were some of the springs of the Nebraska or Platte River.
Around us, the whole scene had one main striking feature,
which was that of terrible cc-mBilsiq^r^Parallel to its- length,
the ridge was split into chasms -arid ifis'sores ; between which
rose the thin lofty walls, terminated with slender minarets and
columns. According to the barometer, the little crest of the
wall on which we stood was three thousand five hundred and
seventy feet above that place, and two thousand seven hundred and
eighty above the little lakes at the bottom, immediately at our
feet. Our camp at the Two Hills (an astronomical station) bore
south 3° east, which, with a bearing afterward obtained from a
fixed position, enabled us to locate the peak. The bearing of
the Trois Tetons was north 50° west, and the direction of the cen
tral ridge of the Wind River mountains south 39° east.
occupies the whole space between the true Eocky Mountains and the
Californian snowy coast range from 34° to 45° north latitude. This
district, which is a kind of broad longitudinal valley, like that of the
Lake Titicaca, has been named the Great Basin, by Joseph Walker and
Captain Fremont, travellers well acquainted with those western regions.
It is a terra incognita of at least 8,000 geographical (or 128,000 Enghsh)
square miles, and almost uninhabited, and full of salt lakes, the largest
of which 'is 3,940 Parisian (or 4,200 English) feet above the level of the
sea, and is connected with the narrow Lake Utah,* into whieh ' Bock Eiver'
(Timpan Ogo, in the Utah language) pours its copious stream."— Hum
boldt's Aspects of Nature. Pp. 32-3-4.
•Fremont : Report 0/ the JSxplvrimg Expedition, pp. 164 and 2T3— 2TS.

• FIRST EXPLORING EXPEDITION. 57
" The summit rock was gneiss, succeeded by sienitic gneiss.
Sienite and feldspar succeeded in our descent to the snow line
where we found a feldspathic granite. I had remarked that the
noise produced by the explosion of our pistols had the usual
degree of loudness, but was not in the least prolonged, expiring
almost instantaneously. Having now made what observations
our means afforded, we proceeded to descend. We had
accomplished an objeet of laudable ambition, and beyond the
strict order of our instructions. We had climbed the loftiest
peak of the Rocky Mountains, and looked down upon the snow
a thousand feet below, and, standing where never human foot
had stood before, felt the exultation of first explorers. It was
about two o'clock when we left the summit; and when we
.reached the bottom, the sun had already sunk behind the wall
and the day was drawing to a close. It would have been
pleasant to have lingered here and on the summit 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
knowing what accident the next hour might bring forth.
" We reached our deposit of provisions at nightfall. Here
was not the inn which awaits the tired traveller on his return
from Mont Blanc, or the orange groves of South America, with
their refreshing juices and soft fragrant air; but we found our
little 'cache of dried meat and coffee undisturbed. Though the
moon was bright, the road was full of precipices, and the
fatigue of the day had been great. 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 following day, the 17th of August, oame the
welcome order to turn their faces homeward, and on the
22d they reached the encampment of their party at
Rock Independence. Here a little incident occurred
which shows that amid the manifold trials and dangers
through which Fremont had passed, he had not forgotten
' " . 3*

58 LIFE AND SERVICES OF JOHN 0. FREMONT.
the protecting arm which had always been near to sup
port and defend him. We quote again from his journal :
"23d. — Yesterday evening we reached our encampment at
Rock Independence, where I took some astronomical observations.
Here, not unmindful of the custom of early travellers and ex
plorers in our country, I engraved on that rock of the Far West
a symbol of the Christian faith. Among the thickly inscribed
names, I made on the hard granite the impression of a large
cross, which I covered with a black preparation of India rubber,
well calculated to resist the influence of wind and rain. It
stands amidst the names of many who have long since found
their way to the grave, and for whom the huge rock is a giant
tombstone. " One George Weymouth was sent out to Maine by the Earl
of Southampton, Lord Arundel, and others ; and in the narra
tive of his discoveries, he says: 'The next day we ascended in
our pinnace that part of the river which 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 1605 : and in 1842 I obeyed the
feeling of early travellers and left the impression of the cross
deeply engraved on a vast rock, one thousand miles beyond the
Mississippi, to which the discoverers have given the national
name of Rock Independence."
With his brief but thrilling account of an attempt
to visit Goat Island, in the Platte Eiver, by which he
was nearly losing many of the most important results of
his expedition, as well as his life, we will close our
extracts from his journal : *
" August 24th.— We started before sunrise, intending to break
fast at Goat Island. Mr. Preuss accompanied me, and with us
were five of our best men. Here appeared no scarcity of water,
and we took on board, with various instruments and baggage,.

FTRST EXPLORING EXPEDITION. 59
provisions for ten or twelve days. We paddled down the river
rapidly, for our little craft was light as a duck on the water ; and
the sun had been some time risen, when we heard before us a
hollow roar, which we supposed to be that of a fall, of which we
had heard a vague .rumor, but whose exact locality no one had
been able to describe to us. We were approaching a ridge,
through which the river passes by a place called ' canon' (pro
nounced canyon), a Spanish word, signifying a piece of artillery,
the barrel of a gun, or any kind of tube ; and which, in this
country, has been adopted to describe the passage of a river
between perpendicular rocks of great height, which frequently
approach each other so closely overhead as to form a kind of
tunnel over the stream, which foams along below, half choked
up by fallen fragments.
" We passed three cataracts in succession, where perhaps one
hundred feet of smooth water intervened ; and finally with a
shout of pleasure at our success, issued from our tunnel into open
day beyond. We were so delighted with the performance of our
boat, and so confident in her powers, that we would not have
hesitated to leap a fall of ten feet with her. We put to shore
for breakfast at some willows on the right bank, immediately
below the mouth of the canon ; for it was now 8 o'clock, and we
had been working since daylight, and were all wet, fatigued and
hungry. " We re-embarked at 9 o'clock, and in about twenty minutes
reached the next canon. Landing on a rocky shore at its com
mencement, we ascended the ridge 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 much higher than in the
previous pass, being at this end two to three hundred, and further
down, as we afterwards ascertained, five hundred feet in vertical
heio-h't. Our previous success had made us boH, and we deter
mined ao-ain to run the canon. Every thir. was secured as

(W LIFE AND SERVICES OF JOHN C. FREMONT.
firmly as possible ; and having divested ourselves of the greater
part of our clothing, we pushed into the stream. To save our
chronometer from accident, Mr. Preuss took it and attempted to
proceed along the shore on the masses of rock, which in places
were piled up on either side ; but, after he- had 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 before us. We had made
fast to the stern of the boat a strong rope about fifty feet long ;
and three of the men clambered along among the "rocks, and
with this rope let her down slowly through 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
a 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 her 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 reached the place where Mr. Preuss was
standing, took him on board, and, with the aid of the boat, put
the men with the rope on the succeeding pile of rocks. We
found this passage much worse thaii the previous one, and our
position was rather a bad one. To go back was impossible;
before us the cataract was a sheet of foam ; and shut 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 a 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
jerked headforemost into the river from a rock about twelve feet
high ; and down the boat shot like an arrow, Basil following us
in the rapid current, and exerting all his strength to keep in mid-
channel — -his head only seen occasionally like a black spot in
the white foam. How far he went, I do not exactly know ; but

FIRST EXPLORING EXPEDITION. 61
¦we succeeded iu turning the boat into an eddy below. "Crii
Dieu,' said Basil Lajeunesse, as he arrived immediately after us,
' Je crois bien que fai nage un demi mile? He 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. We placed ourselves on our knees,
with Jhe 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 shot past fall after fall, our
little boat seeming to play with the cataract. We became flushed
with success, and familiar with the danger ; and, yielding to the
excitement ofthe occasion, broke forth together into a Canadian
boat song. Singing, or rather shouting, we dashed along ; and
were, I believe, in the midst of the chorus, when the boat struck
a concealed rock immediately at the foot of a fall, which whirled
her over in an instant. Three of my men could not swim, and my
first feeling was to assist them, and save some of our effects ; but
a sharp concussion or two convinced me that I had not yet saved
myselft 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 had gained the shore on the same side, about
twenty yards below ; and a little climbing and swimming soon
brought him to my side. On the opposite side, against the wall,
lay the boat, bottom up ; and Lambert was in the act of saving
Descoteaux, whom he had grasped by the hair, and who could not
swim ; 'Lache pas' said he, as I afterwards learned, ' lache pas, cher
frere? ' Cravns pas,' was the reply, ' Je m'en vais rnourir avant
que de te lacher.' Such was the reply of courage and generosity
in the dainger. 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 the surface, and the sextant, circle and the long
black box of the telescope, were in view at once. For a moment
I was somewhat disheartened. All our books, almost every record

62 LDJE AND SERVICES OF JOHN O. FREMONT.
-of the journey, our journals and registers of astronomical and
barometrical observations, had been lost in 'a moment. But it
was no time to indulge in regrets ; and I immediately set about
endeavoring to save something from the wreck. Making our
selves understood as well as possible by signs (for nothing could
be heard in the roar of waters), we commenced our operations.
Of everything on board, the only article that had been saved
was my double-barreled gun, which Descoteaux had caught,
and clung to with drowning tenacity. The men continued down
the river on the left bank. Mr. Preuss and myself descended ou
the side we were, on ; and Lajeunesse, 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 hol
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 duplicates 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
teorological 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 rapidly away, and it was necessary to
reach Goat Island, whither the party had preceded us, before
night. In this uncertain country, the traveller is so much in the

FIRST EXPLORING EXPEDITION. 63
power of chance, that we became somewhat uneasy in regard'to
them. Should anything have occurred in the brief interval of
our separation, to prevent our rejoining them, our situation would
.be rather a desperate one. We had not a morsel of provisions
— our arms and ammunition were gone — and were entirely at
the mercy of any straggling party of savages, and not a little in
danger 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 which 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 tho
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 progress
was not very rapid. We had emerged from the water half
naked, and, on arriving at the top of the precipice, I found
myself with only one moccasin. The fragments of rock made
walking painful, and I was "frequently obliged to stop, and pull
out the thorns of the cactus, here the prevailing plant, and with
which a few minutes' walk covered the bottom of my feet. From
this 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 party were out of sight, having taken a more inland route.
We crossed the river repeatedly — sometimes able to ford it, and
sometimes swimming — climbed over the ridges of two more
canons, and towards evening reached the cut, which we here

CA LIFE AND SERVICES OF JOHN C. FREMONT.
named the Hot Spring gate. On our previous visit in July, we
had not entered this pass, reserving it for our descent in the
boat ; and when we entered it this evening, Mr. Preuss was a few
hundred feet in advance. Heated with the long march, he 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 boiling hot. He said nothing to Benoist, who laid
himself down to drink : but the steam from the water arrested his
eagerness, and he escaped the hot 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
was 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 Thermopylae of the West, in
a short walk we reached the red ridge which 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 already arrived. A shout from the man who had firet
reached the top of the ridge, responded to from below, informed
us that our friends were all on the island ; and we were soon
among them. We found some pieces of buffalo standing around
the fire for us, and managed to get some dry clothes among th«
people. 4A 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 17th of October, Colonel Fremont was at St.
Louis, and on the 29th in Washington. His report was
completed and in the hands 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. 65
senators from the State of Missouri, accompanied a
motion to print extra copies with some complimentary
remarks, which we give as reported in the Congressional
Globe of that date :
" In support of his motion," Mr. L. said, " that in the course
of the last summer a very interesting expedition had been un
dertaken to the Rocky Mountains, ordered by Colonel Abert,
chief of the Topographical Bureau, with the sanction of the
Secretary of War, and executed by Lieut. Fremont of the
Topographical Engineers. The object of the expedition was 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 place 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
useful to the government.
"Supplied with the best astronomical and barometrical instru-.
nients, well qualified to use them, and accompanied by twenty-
five voyageurs, enlisted for the purpose at St. Louis, and trained
to all the hardships and dangers of the prairies and the moun
tains, Mr. Fremont left the mouth ofthe Kansas, on the frontiers
of Missouri, on the 10th of June; and, in the almost incredibly
short space 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 River 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 branch
of the Platte), issues from the neighborhood of the 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

66 LIFE AND SERVICES OF JOHN C. FREMONT.
easy as that of the hill on which this Capitol stands, and where
a plainly-beaten wagon road leads to the Oregon, through the
valley of Lewis's River, a fork of the Columbia. He went
through the pass, and saw the head waters of the Colorado, of
the Gulf of California; and leaving the valleys to indulge a
laudable 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 human
being ; and, on the 15th 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 directions to the Pacific Ocean and to the
Mississippi. From that ultimate point he returned by the valley
of the Great Platte, following the stream in its whole course,
and solving all questions in relation to its navigability, and the
character ofthe country through which it flows.
" Over the whole course of this extended route, barometrical
observations were made by Mr. Fremont, to ascertain elevations
both of the plains and of the mountains ; astronomical observa
tions we'c liikeu 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 nature described, and some presented in drawings;
military positions indicated ; and a large 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 understand
ing of its details. Eight carts drawn by two mules each accom
panied the expedition ; a fact which attests the facilitv of travel
ling in this vast region. Herds of buffaloes furnished subsistence
to the men ; a short, nutritious grass, sustained the horses and
mules. _Two boys (one of twelve years of age, the other of
eighteen), besides the enlisted men, accompanied the expedition,
and took their share of its hardships ; which proves that boys;

FIRST EXPLORING EXPEDITION. 67
as well as men, are able to traverse the country to the Rocky
Mountains. " The result of all his observations Mr. Fremont had condensed
into a brief report — enough to make a document of ninety or
one hundred pages ; and believing that this document would be
of general enterest to the whole country, and beneficial to
science, as well as useful to tbe government, I move the printing
of the extra number which has been named.
" In making this motion, and in bringing this report to the
notice of the Senate, I take a great pleasure in noticing the
activity and importance of the Topographical Bureau. Under
its skillful and vigilant heai [Colonel Abert] nurnerous valuable
and incessant surveys are made ; and a mass of information
collected of the highest importance to the countiy generally, as
well as to the military branch of the public service. This report
proves conclusively that the country, for several hundred miles
from the frontier of Missouri, is exceedingly beautiful and fertile ;
alternate woodland and prairie, and certain portions well supplied
with water. . It also proves that the valley of the river Platte
has a very rich soil, affording great facilities for emigrants to the
west of the Rocky Mountains."
The London .Athenceum, of March, 1844, commences
a review of this report in the following complimentary
terms, which we quote to show the impression it pro
duced in the literary circles of the old world :
"The government of the United States did well when in
furtherance of the resolution .to survey the road across the Great
Western Prairie and the Rocky Mountains to the Oregon terri
tory, it selected Lieut. Fremont for the execution of the work.
We 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 76 pages, to which are
appended 130 pages, filled with the results of botanical researches,

68 LTFE AND SERVICES OF JOHN 0. FREMONT.
of astronomical and meteorologiacal observations. What a con
trast does this present to- the voluminous emptiness and con
ceited rhodomontade so often brought forth by our costly
expeditions. The country gone over by Lieut Fremont is cer
tainly not the most interesting in the world, nor is it quite new.
Yet he is evidently not the man to travel 2,000 miles without
observing much which is worthy of being recorded or to write a
page which is likely to prove tedious in the reading. His points
of view are so well chosen, his delineation has so much truth
and spirit, and his general remarks are so accurate and compre
hensive, that under his guidance we find the far west prairies
nearly as fresh and tempting as the most favored Arcadian
scenes, the hallowed groves of which were never trodden by the
foot of squatting emigrant or fur trader."

SECOND EXPLORING EXPEDITION. 69

CHAPTEK IV.
SECOND EXPLORING EXPEDITION  KIT CARSON  MRS. FRE
MONT WITHHOLDS ORDERS FROM THE WAR* DEPARTMENT
 COLONEL BENTON'S ACCOUNT OF THE EXPEDITION  DIS
COVERS THE INLAND SEA  PERILOUS VOYAGE TO ITS
ISLANDS IN A LINEN BOAT  ARRIVES AT FORT VANCOUVER
AND FULFILLS THE INSTRUCTIONS OF HIS GOVERNMENT.
The results of Col. Fremont's first expedition were
so 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 with
purposes even more comprehensive than those with
which'he set out in 1842.
He was instructed to connect the exploration with
the surveys of the Pacific coast, by Captain Wilkes, 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 French and Americans, amounting in all

70 LIFE AND SERVICES OF JOHN C. FREMONT.
to 39 men ; among whom were several who accompa
nied him in his first expedition. Mr. Thomas Fitzpatrick, -
whom many years of hardship and exposure in -the
western territories, had rendered familiar with a portion
of the country it was designed to explore, had been
selected as his guide, and Mr. Charles Preuss, who had
been his assistant in the previous journey, was again
associated with him in the same capacity.
In compliance with directions from the War Depart
ment, Mr. Theodore Talbot, of Washington city, was
attached to the party, with a view to advancement in
his profession ; and at St. Louis he was joined by Mr.
Frederick Dwight, a gentleman of Springfield, Massa
chusetts, who availed himself of this escort, to visit the
Sandwich Islands and China, by way of Fort Vancouver.
The men engaged for the service were : Alexis Ayot,
Francois Badeau, Oliver Beaulieu, Baptiste Bernier,
John A. Campbell, John G. Campbell, Manuel Chap
man, Hansom Clark, Philibert Courteau, Michel Crelis,'
William Creuss, Clinton Deforest, Baptiste Derosier,
Basil Lajeunesse, Francois Lajeunesse, Henry Lee,
Louis Menard, Louis Montreuil, Samuel Neal, Alexis
Pera, Francois Pera, James Power, Kaphael Proue,
Oscar Sarpy, Baptiste Tabeau, Charles Taplin, Baptiste
Tesson, Auguste Vasquez, Joseph Verrot, Patrick White,
Tiery Wright, Louis Zindel, and Jacob Dodson, a free
young colored man of Washington city, who volunteered
to accompany the expedition. Two Delaware Indians
were engaged to accompany the expedition as hunters.
L. Maxwell, who had accompanied the expedition as
one of the hunters in 1842, being on his way to Taos,";
in New Mexico, also joined him. He was subsequently
joined by his invaluable friend, Kit Carson, whom he

SECOND EXPLORING EXPEDITION. 71
was so fortunate as to fall in with on the confines of
New Mexico.*
Tlje party was armed generally with Hall's carbines,
which, with a brass 12-lb. howitzer, had been furnished to
* As Kit Carsen figures somewhat extensively in the reports of Col.
Fremont, to whom he proved of incalculable service in each of his seve
ral exploring expeditions, we submit the following sketch of his life
gathered mainly from his own lips.
Christopher Carson was born in Kentucky in the year 1810 or 1811 ;
'lis father having been one of the early settlers, and also a noted hunter
md Indian fighter. In the year following Kit's birth the family moved to
ihe territory of Missouri. On this frontier, bred to border life, he remained
to the age of fifteen, when he joined a trading party to Santa Fe. In
stead of returning, Kit found his way by various adventures south,
through New Mexico to the Copper mines of Chihuahua, where he
passed nine months as a teamster.
When about seventeen he made his first expedition as a trapper on the
Eio Colorado of California. The enterprise was successful, though
attended with considerable dangers, the Mexicans being even at that
early, day very jealous of American enterprise. He made good his
return to Tao in New Mexico, and soon after joined a trapping party
to the head waters of the Arkansas Rivei1, whence he went northward to
the region of the Kocky Mountains which gives rise to the Mississippi
and Columbia rivers, where he remained engaged in the trapping busi
ness eight years. He became noted throughout that region and on
both sides of the Rocky Mountains, as a successful trapper, an unfail
ing shot, an unerring guide, and for bravery, sagacity, and steadiness in
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
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
recovered horses, an Indian of another party who was with the trappers
bringing away a Crow scalp as a trophy. In one combat with the Black-
feet Indians Carson received a rifle ball which broke his left shoulder.
Save this, he escaped the manifold dangers to which he was exposed
without serious bodily injury.
Of course in so 'turbulent and unrestrained a hfe, where there were no

72 LIFE AND SERVICES OF JOHN C FEEMOJST.
him from the United States Arsenal at St. Louis, agree
ably to the orders of Col. S. W. Kearney, commanding
the third military division. We are thus particular in
mentioning this piece of ordnance for reasons which
laws and no prisons, there were not unfrequeut personal rencontres
amongst the trappers, nor could the most peaceably disposed always
avoid them. On one occasion a Frenchman who ranked as a bully, and
had whipped a good many Canadians, insulted the Americans by saying
they were only fit to be whipped with switches. Carson resented this
instantly by saying that he was the most trifling one among the Ameri
cans, and that the braggart had better begin with him. After exchang
ing a few more words, each went away and armed himself, Carson with a
pistol, the Frenchman with a rifle, and both mounted for the fight.
Riding up until the horses' heads nearly touched — both fired almost at
the same instant. Carson was a little the quickest, however, and his ball
passing through the Frenchman's head, made him jerk up his gun, and
sent the ball, which was intended for Carson's heart, grazing by his left
eye and singeing his hair. This is, he says, the only serious personal
quarrel he ever had.
Col. Fremont owed his good fortune in procuring Carson's services to
an accidental meeting on board the steamboat above. St. Louis, neither
having ever heard of the other before, as he was setting out on his first
expedition. Carson remained with him until he recrossed the mountains.
His courage, fidelity, and excellent character, so completely won the
heart of his commander that in his second expedition lie 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 ofthe mountains — not however, until Fremont had obtained a,
promise from him to join the third expedition in case one should ,be
organized, a promise 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 had settled himself near Taos
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 pro
mise and telling him that he waited there for him. In four days from
the receipt of this note, Carson joined the party, having sold house -and
farm for less than half the sum he had first expended on it, and put his
family under the protection of a friend, the late Gov. Bent, until he
should return from a certainly long and dangerous journey. This pro-

tfTM"""

(¦"KEAlu.M'ti bAM.LKUl'S PASSAGK TUKOUGU a CAMUN IN TUK PLATTB RIVEK — PAGE 53.

SECOND EXPLORING EXPEDITION. 73
will appear presently/ Three men were especially de
tailed for its service, under the charge of Louis Zindel
a native of Germany, who had been nineteen years a
non-commissioned officer of artillery in the Prussian
army, and regularly instructed in the duties of his pro
fession. The camp equipage and provisions were trans
ported 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 Gambey; two sextants, by
Troughton ; one pocket chronometer, No. 837, by Goffe,
Falmouth ; one pocket chronometer, No. 739, by Brock-
bank ; one syphon barometer, by Bunten, Paris ; one
cistern barometer, by Frye & Shaw, New 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 Kocky
Mountains from that followed in the year 1842. The .
route was then up the valley of the Great Platte Eiver
to tho South Pass, in north latitude 428 ; the route now
determined on was up the valley of the Kansas Eiver, to
the head ofthe Arkansas River, and to some pass in the
mountains, if any could be found, at its source.
By making this deviation from the former route, the
problem of a new road to Oregon and California, in a

_ tection unfortunately proved insufficient, for at the infamous Taos massa
cre which soon ensued, Carson's brother-in-law was massacred, and Mrs.
Carson only saved her life by flight, leaving her house to be pillaged by
the Mexicans.
When Carson was in Washington in 1847, he received from President
Polk the commission of lieutenant in the rifle regiment of which CoL
Fremont was lieutenant colonel. i

74 LIFE AND SERVICES OF JOHN O. FREMONT.
climate more genial, might be solved; and a better
knowledge obtained of an important river, and the
country it drained, while the great object of the expe
dition would find its point of commencement at the ter
mination of, the former, which was at that great gate in
the ridge of the Eocky Mountains called the South
Pass, and on the lofty peak of the mountain which over
looks it, deemed the highest peak in the ridge, and. from
the opposite sides of which four great rivers take their
rise, and! flow to the Pacific or the Mississippi.
The party started from the little town of Kansas on
the 29th of May, 1843, and did not get back- to the
United States again until August of the following year.
"What they accomplished and what they endured could
not be more forcibly described than it has been by
Colonel Benton, who gives facts in regard to the course
taken by our government towards this expedition which
were never before revealed. We give what he says of
this expedition therefore, entire.*
"'The government- deserves credit for the zeal with whioh it
has pursued geographical discovery.' Such is the remark which a
leading paper made upon the discoveries of Fremont, on his
return from his second expedition to the great West ; and such
is the remark which all writers will make upon all his discover
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 government for the promotion of
science, as if the government under which he acted had
conceived and planned these expeditions, as Mr. Jefferson did
that of Lewis and Clark, and then selected this young officer to
carry into effect the instructions delivered to him. How far
* Thirty Tears' Pieui, vol ii. chap. 134.

SECOND EXPLOKING EXPEDITION. 75
such history would be true in relation to the first expedition,
which terminated in the Rocky Mountains, has been seen in the
account whioh has been given of the origin of that undertaking,
and which leaves the government innocent of its conception;
and, therefore, not entitled to the credit of its authorship, but
only to the merit of permitting it. Tn the second, and greater
expedition, from which great political as well as scientific results
have flowed, their merit is still less ; for, while equally innocent
of its conception, they were not equally passive to its perform
ance — countermanding the expedition after it had begun — and
lavishing censure upon the adventurous young explorer for his
manner of undertaking it. The fact was, that his first expedition
barely finished, Mr. Fremont sought and obtained orders for -a
second one, and was on the frontier of Missouri with his com
mand when orders arrived at St. Louis to stop him, on the
ground that he had made a military equipment which the peace
ful nature of his geographical pursuit did not require! as if In
dians did not kill and rob scientific men as well as others if not in
a condition to defend themselves. The particular point of com
plaint was that he had taken a small mountain howitzer, in ad
dition to his rifles ; and which, he was informed,. was charged to
him, although it had been furnished upon a regular requisition
on the commandant of the arsenal at St. Louis, approved by the
commander of the military department (Colonel, afterward Gen
eral tearney). Mr. Fremont had left St. Louis, and was at the
frontier, Mrs. Fremont being requested to examine the letters
that came after him, and forward those which he ought to re
ceive. She read the countermanding orders and detained
them ! and Fremont knew -nothing of their existence, until
after ho had returned from one of the most marvellous and
eventful expeditions of modern times — one to which the United
States are indebted (among other things) for the present own
ership of California, instead of seeing it a British possession.
The writer of this View, who was then in St. Louis, approved of
the course which his daughter had taken (for she had stopped

76 LDJE AND SEEVICES OF JOHN C FEEMONT.
the orders before he knew it) ; and he wrote a letter to the
department condemning the recall, repulsing the reprimand
which had been lavifhed upon Fremont, and demanding a court-
martial for him when he should return. The Secretary of War
was then Mr. James Madison Porter, of Pennsylvania; the
chief of the topographical corps the same as now (Colonel
Abert), himself an office man, surrounded by West Point offi
cers, lo whose pursuit of easy service, Fremont's adventurous
expeditions was a reproach ; and in conformity to whose opi
nions the secretary seemed to have acted. Ou Fremont's return,
upwards of a year afterwards, Mr. William Wilkins, of Penn
sylvania, was Secretary of War, and received the young explorer
with all honor and friendship, and obtained for him the brevet
of captain from President- Tyler. And such is the inside view of
this piece of history — very different from what documentary
evidence would make i..
" To complete his survey across the continent, on the line of
travel between the State of Missouri and the tide-water region
of the Columbia, was Fremont's object in this expedition ; and
it was all that he had obtained orders for doing ; but only a small
part, and to his mind, an insignificant part, of what he proposed
doing. People had been to the mouth of the Columbia before,
and his ambition was not limited to making tracks where others
had made them before him. There was a vast region beyond
the Rocky Mountains — the whole western slope of our continent
— of which but little was known ; and of that little, nothing
with the accuracy of science. All that vast region, more than
seven hundred miles square — equal tp a great kingdom in Europe
— was an unknown land — a sealed book, which he longed to
open, and to read. Leaving the frontier of Missouri in May,
1 843, and often diverging from his route for the sake of expand
ing his field of observation, he had arrived in the tide-water
region of Columbia in the month of November ; and had then
completed the whole service which his orders embraced. He
might then have returned upon his tracks, or been brought home

SECOND EXPLOErNG EXPEDITION. 77
by sea, or hunted the most pleasant path for getting back ; and
if he had been a routine officer, satisfied with fulfilling an order,
he would have done so. Not so the young explorer, who held
his diploma from nature, and not from the United States Mili
tary Academy. He was at Fort Vancouver, guest of the hospi
table Dr. McLaughlin, Governor of the British Hudson Bay
Fur Company ; and obtained from bim all possible information
upon his intended line of return — faithfully given, but which
proved to be disastrously erroneous in its leading and governing
feature. A southeast route to cross the great unknown region
diagonally through 'its heart (making a line from the Lowei
Columbia to the Upper Colorado of the Gulf of California), was
his line of return : twenty-five men (the same who had come
with him from the United States) and a hundred horses, were his
equipment ; and the commencement of winter the time of start
ing — all without a guide, relying upon their guns for support ;
and, in the last resort, upon their horses — such as should give
out 1 for one that could carry a man, or a pack, could not be
spared for food.
" All the maps up to that time had shown this region traversed
from east to west — from the base of the Rocky Mountains to the
Bay of San Francisco — by a great river called the Buena Ven
tura : which may be translated, the Good Chance. Governor
McLaughlin believed in the existence of this river, and made out
a conjectural manuscript map to show its place and course.
Fremont believed in it, and his plan was to reach it before the
dead of winter, and then hybernate upon it. As a great river
he knew that it must have some rich bottoms, coverfa with
wood and grass, where the wild animals would collect and shel
ter, when the snows and freezing winds drove them from the
plains : and with these animals to live on, and grass for the horses,
and w ood. for fires, he expected to avoid suffering, if not to
enjoy comfort, during his solitary sojourn in that remote and pro
found wilderness.
" He proceeded — soon encountered deep snows which impeded

78 LDJE AND SERVICES OF JOHN C. FREMONT.
progress upon the highlands — descended into a lo.w country to
the left (afterwards known to be the Great Basin, from whioh no
water issues to any sea) — skirted an enormous chain of mountain
on tlie right, luminous with glittering white snow — saw strange
Indians, who mostly fled — found a desert — no Buena Ventura ;
and death from cold and famine staring him in the face. The
failure to find the river, or tidings of it, and the possibility of its
existence seeming to be forbid by the structure of the country,
and hybernation in the inhospitable desert being impossible, and
the question being that of life and death, some new plan of con
duct became indispensable. His celestial observations told him
that, he was in the latitude of the Bay of San Francisco, and only
seventy miles from it. But what miles ! up and down that
snowy mountain which the Indians told him no men could cross
inthe winter — which would have snow upon it as deep as the
trees, and places where "people would slip off, and fall half a mile
at a time ; — a fate which actually befell a mule, packed with the
precious burden of botanical specimens, collected along a travel
3f two thousand miles. No reward could induce an Indian to .
'become a guide in the perilous adventure of crossing this moun
tain. All recoiled and fled from the adventure. It was
attempted without a guide— in the dead of winter — accomplished
in forty days — theNnen and surviving horses — a woeful proces
sion, crawling along one by one ; skeleton men leading skeleton
horses — and arriving at Sutter's Settlement in the beautiful valley
of the Sacramento ; and where a genial warmth, and budding
flowers, and trees in foliage, and grassy groundv and flowing
streams, and comfortable food, made a fairy contrast with the
famine and freezing they had encountered, and the lofty Sierra
Nevada which they had climbed. Here he rested and recruited ;
Mid from this point, and by way of Monterey, the first tidings
were heard of the party since leaving Fort Vancouver.
" Another long progress to the south, skirting the western base
of the Sierra Nevada, made him acquainted with the noble
va' \y of the San Joaquin, counterpart to that of the Sacra-
f -

SECOND EXPLORING EXPEDITION. 79
mento ; when crossing through a gap, and turning to the left, he
skirted the Great Basin ; and by many deviations from the right
line home, levied incessant contributions to science from expanded
lands, not described before. In this evetftful exploration, all the
great features of the western slope of our continent were brought
to light — the Great Salt Lake, the Utah Lake, the Little Salt
Lake ; at all which places, then deserts, the Mormons now are ;
the Sierra Nevada, then solitary in the snow, now crowded with
Americans, digging gold from its flanks : the beautiful valleys of
the Sacramento and San Joaquin, then alive with wild horses, elk,
deer, and wild fowls, now smiling with American cultivation ;
the? Great Basin itself, and its contents ; the Three Parks ; the
approximation of the great rivers which, rising together in the
central region of the Rocky Mountains, go off east and west,
towards the rising and the setting sun — all these, and other
strange features of a new region, more ^Lsiatie than American!
were brought to light and revealed to public view in the results*
of this exploration.
"Eleven months he was never out oi' sight of snow; and
sometimes, freezing with cold, would look do'wn upon a sunny
valley, warm with genial heat; — sometimes panting with the
summer's heat, would look up at the eternal snows which crowned
the neighboring mountain. But it was not then that California
was secured to the Union — to the greatest power of the New
World — to which it of right belonged ; 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 the golden Cali
fornia from the hands of the British, ready to clutch it. But of
this hereafter. Fremont's second expedition was now over. H«
had left the United States a fugitive from his government, and
returned with a name that went over Europe and America, and
with discoveries bearing fruit which the civilized world is now
enjoying." Thrilling as this brief sketch by Col. Benton is, it con-

80 LTFE AND SERVICE8 OF JOHN C. FREMONT.
veys to the reader but an imperfect idea of the hardships
of this awful journey, and of the heroism of the little
band who endured them. Fremont set out from the town
of Kansas, as we have already stated, on the 29th of May.
On the 6th of September, and after travelling over
1,700 miles, he came 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 first of any
kind that ever ploughed that unexplored water, cannojbe
given to better advantage than in his own words. The
night before they had encamped a fewfmiles distantp on
what was known as Weber's Fork, a stream from 100 to
150 feet wide. He, continued his narrative as follows :
" September 6th. — Leaving the encampment early, we again
directed our course for the peninsular butte across a low shrubby
plain, crossing in the way a slough-like creek, with miry banks,
and wooded with thickets of thorn (cratagus) which were loaded
with berries. This time we reached the butte without any diffi
culty, and, ascended to the summit, immediately at our feet
beheld the object of our anxious search — the waters of the Inland
Sea, stretching in still and solitary grandeur far beyond the limit
of our vision. It was one of the great points of the exploration ;
and as we looked eagerly over the lake in the first emotions of
excited pleasure, I am doubtful if the followers of Balboa felt
more enthusiasm when, from the heights of the Andes, they saw
for the first time the great western ocean. It was certainly a
magnificent object, and a noble terminus to this part of our expe
dition ; and to travellers so long shut up among mountain ranges,
a sudden view over the expanse of silent waters had in it some
thing sublime. Several large islands raised their high rocky peaks
out of the waves ; but whether or not they were timbered, was

SECOND EXPLORTNG EXPEDITION. 81
Still left to our imagination, as the distance was too great to
determine if the dark hues upon them were woodland or naked
rock. During the day, the clouds had been gathering black
over the mountains to the westward, and, while we were looking,,,,
a storm burst down with sudden fury upon the lake, and entirely
hid the islands from our view. So far as we could see, along the
shores there was not a solitary tree, and but little appearance
of grass; and on Weber's Fork, a few miles below our last
encampment, the timber was gathered into groves, and then dis
appeared entirely. As this appeared to be the nearest point lo
the lake where a suitable camp could be found, we directed our
course to one of the groves, where we found a handsome encamp
ment, with good grass and an abundance of rushes (equisetum
hyemale). At sunset the thermometer was 55°; the evening
clear and calm, with some cumuli.
" September 1. — The morning was calm and clear, with a tem
perature at sunrise of 39° 5'. The day was spent in active
preparation for our intended voyage on the lake. On ths edge
of the stream a favorable spot was selected in a grove, and,
felling the timber, we made a strong corral, or horse pen, for the
animals, and a little fort for the people who were to remain.
We were now probably in the country of tbe Utah Indians,
though none reside upon tbe lake. The India-rubber boat was
'repaired with prepared cloth and gum, and filled with air, in
readiness for the next day.
" The provisions which Carson had brought with him being
now exhausted, and our stock reduced to a small quantity of
roots, I detei'mined to retain with me only a sufficient number
of men for the execution of our design ; and accordingly seven
were sent back to Fort Hall, under the guidance of Frangois
Lajeunesse, who, having been for many years a trapper in the
country, was considered an experienced mountaineer. Though
they were provided with good horses, and the road was a re
markably plain one, of only four days' journey for a horseman,
they became bewildered (as we afterwards learned), and losing
4*

82 LIFE AND SERVICES OF JOHN C FREMONT.
their way, wandered about the country in parties of one or two,
reaching the fort about a week afterwards Some straggled in
of themselves, and the others were brought in by Indians who
had picked them upon Snake River,' about sixty miles below, the
fort, travelling along the emigrant road in full march for the
Lower Columbia. The leader of this adventurous party was
Francois. " We formed now but a small family. With Mr. Preuss and
myself, Carson, Bernier, and Basil Lajeunesse, had been selected
for the boat expedition — the first ever attempted on this interior
sea ; and Badeau, with Derosier, and Jacob (the colored man),
were to be left in charge of the camp. We were favored with
most delightful weather. To-night there was a brilliant sunset
of golden orange and green, which left the western sky clear and
beautifully pure; but clouds in the east made me lose an occul-
tation. The summer frogs were singing around us, and the even
ing was very -pleasant, with a temperature of 66° — a night of a
more southern autumn. For our supper we had yampah, the
most agreeably flavored of the roots, seasoned by a small fat
duck, which had come in the way of Jacob's rifle. Around our
fire to-night were many speculations on what to-morrow would
bring forth, and in our busy conjectures we fancied that we
should find every one of the large islands a tangled wilderness
of trees and shrubbery, teeming with game of every description
that the neighboring region afforded, and which the foot of a
white man or Indian had never violated. Frequently, during the
day, clouds had rested on the summits of their lofty mountains,
and we believed that we should fiod clear streams and springs of
fresh water ; and we indulged in anticipations of the luxurious
repasts with which we were to indemnify ourselves for past pri
vations. Neither, in our discussions, were the whirlpool and
other mysterious dangers forgotten, which Indian and hunter's
stories attributed to this unexplored lake.'
"The men had discovered that", instead of being strongly
sewed (like that of the preceding year, which had so triumph-

SECOND EXPLORING EXPEDITION. 83
antly rode the canons of the Upper Great Platte), our present
boat was only pasted together in a very insecure manner, the
maker having been allowed so little time in tlie construction
that he was obliged to crowd the labor of two months into seve
ral days. The insecurity of the boat was sensibly felt by us ;
and mingled with the enthusiasm and excitement that we all
felt at the prospect of an undertaking which had never before,
been accomplished, was a certain impression of danger, suffi
cient to give a serious character to our conversation. The
momentary view which had been had of the lake the day before,
its great extent and rugged islands, dimly seen amidst the waters
in the obscurity of the sudden storm, were well calculated to
heighten the idea of undefined danger with which the lake was
generally associated.
" September 8. — A calm, clear day, with a sunrise temperature
of 41°. In view of our present enterprise, a part of the equip
ment of the boat had been made to consist in three air-tight
bags, about three feet long, and capable each of containing five
gallons. These had Ijpen filled" with water the night before,
and were now placed in the boat, with our blankets and instru
ments, consisting of a sextant, telescope, spy-glass, thermometer,
and barometer.
"We left 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 the mouth in the latter part of
the day. In the course of the morning we discovered that two
of the cylinders leaked so much as to require one man constantly
at the bellows, to keep them sufficiently full of air to support the
boat. Although we had made a very early start, we loitered so
much on the way— stopping every now and then, and floating
silently along, to get a shot at a goose or a duck— that it was^
late in the day when we reached the outlet. The river here
divided into several branches, filled with fluvials, and so very
shallow that it was with difficulty we could get the boat, along,
being obliged to get out and wade. We encamped on a low

84 LTFE AND SERVICES OF JOHN- C. FREMONT.
point among rushes and young willows, where there was a quan
tity of drift wood, which served for our fires. The evening was
mild and clear ; we made a pleasent bed of tbe young willows ;
and geese and ducks enough had been killed for an abundant
supper at night, and for breakfast the next iriornihg. The still
ness of the night was enlivened by millions o.f water fowl
Latitude (by observation) 41° 11' 26"; and longitude 112'
11' 30V.
" September 9. — The day was clear and calm ; the thermome
ter at sunrise at 49°. As usual with the trappers on the eve ot
any enterprise, our people had made dreams, and theirs hap
pened to be a bad one — one which always preceded evil — and
consequently thev looked very gloomy this morning ; but we
hurried through our breakfast, in order to make an early start,
and have all the day before us for our adventure. The channel
in a short distance became so shallow that our navigation w?is at
an end, being merely a sheet of soft mud, with a few inches of
water, and sometimes none at all, forming the low-water shore
of the lake. All this place was absolutely covered with Hocks
of screaming plover. We- took off our clothes, and, getting
overboard, commenced dragging the boat — making, by this ope
ration, a very curious trail, and a very disagreeable smell in stir
ring up the mud, as we sank above the knee at every step. The
water here was still fresh, with only an insipid and disagree
able taste, probably derived from the bed of fetid mud. After
proceeding in this way about a mile, we came to a small black
ridge oh the bottom, beyond which the water became suddenly-
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 was
entirely saturated with common salt. Pushing our little vessel
across the narrow boundary, we sprang on board, and at length
were afloat on the waters of the unknown sea.
" We did not steer for the mountainous islands, but directed
our course towards a lower one, which it had been decided we

SEuOND EXPLORTNG EXPEDITION. 85
should first visit, the summit of which was formed like the cra
ter at the upper end of Bear River valley. So long as we could
touch the bottom with our paddles, we were very gay ; but
gradually, as the water deepened, we became more still in our
frail bateau of gum cloth distended with air, and with pasted
seams. Althpugh the day was very calm, there was a considera
ble swell on the lake ; and there were white patches of foam on
the surface, which were slowly moving to the southward, in«i
eating fhe set of a current in that direction, and recalling the
recollection of the whirlpool stories. The water continued to
deepen as we advanced ; the lake becoming almost transparently
clear, of an extremely beautiful bright-green color ; and the spray,
which was thrown into the boat and over our clothes, was di
rectly converted into a crust of common salt, which covered also
our hands and arms. ' Captain,' said Carson, who for some time
had been looking suspiciously at some whitening appearances
outside the nearest island, " what are those yonder? — won't you
just take a look with the glass ?" We ceased paddling for a
moment, and found them to be the caps of the waves that were
beginning to break under the force of a strong 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 a water bird ; but at the same time, it
was slow in its progress. When we were little more than half
way across the reach, two of the divisions between the cylinders
gave way, and it required the constant use of the bellows to
keep in a sufficient quantity of air. For a long time we scarcely
seemed to approach our island, but gradually we worked 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 long row of pelicans, ranged on the beach, were
only low cliffs, whitened with salt by the spray of the waves ;
and about noon we reached the shore, the transparency of the
water enabling us to see the bottom at a considerable depth.
" It was a handsome broad beach where we landed, behind

86 , LTFE AND SERVICES OF JOHN 0. FREMONT.
which the hill, into which the island was gathered, rose some
what abruptly; and a point of rock at one end enclosed it in a
sheltering way ; and as there was an abundance of drift wood
along the shore, it offered us a pleasant encampment. We did
not suffer our fragile boat to touch the sharp rocks, but getting over
board, discharged the baggage, and lifting it gently out of the-
water, carried it to the upper part of the beach, which was com
posed of very small fragments of rock.
"Among the successive banks 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 feet in breadth, of a dark-
brown color. Beiug more closely examined, this was found to
be composed, to the depth of seven or eight and twelve inches,
entirely of the larva of insects, or, in common language, of
the skins of worms, about the size of a grain of oats, which
had been washed up by the waters of the lake.
" The cliffs and masses of rock along the shore were whit
ened by an incrustation of salt where the waves dashed up
against them ; and the • evaporating water, which had been
left in holes and hollows on the surface 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 had been salt. Ex
posed to be more perfectly dried in the sun, this became very
white and fine, having the usual flavor of very -excellent com
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.
" Carrying with us the barometer, and other instruments, in
the afternoon we ascended to the highest point of the island"
—a bare rocky peak, 800 feet above the lake. Standing on the
summit, we enjoyed an extended view of the lake, enclosed in a
basin of rugged mountains, which sometimes left marshy flats
and extensive bottoms between them and the shore, and in other
places came directly down into the water with bold and precipi-

SECOND EXPLORING EXPEDITION. 87
tous bluffs. Following with our glasses the irregular shores, we
searched for some indications of a communication with other
bodies of water, or the entrance of other rivers ; but the dis
tance was so great that we could make out nothing with cer
tainty. To the southward,«everal peninsular mountains, 3,000
or 4,000 feet high, entered the lake, appearing, so far as the
distance and our position enabled us to determine, to be con
nected by flats and low ridges with the mountains in the rear.
These are probably the islands usually indicated on maps of this
region as entirely detached from the shore. The season of our
operations was wheu the waters were at their lowest stage. At
the season of high waters in the spring, it is probable that the
marshes and low grounds are overflowed, and the surface of the
lake considerably greater. In several places the view was of un
limited extent — here and there a rocky islet appearing above the
water at a great distance ; and beyond, everything was vague
and undefined. As we looked over the vast expanse of water
spread out beneath us, and strained our eyes along the silent
shores over which hung so much doubt and uncertainty, and
which were so full of interest to us, I could hardly repress 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
here, and remain satisfied for the present with what we had
been able to add the unknown geography of the region. We
felt pleasure also in remembering that we were the first who, in
traditionary annals of the country, had visited the islands, and
broken, with the cheerful sound of human voices, the long soli
tude of the place. From the point where we were standing, the
ground fell off on every side to the water, giving us a perfect
view of the island, which is twelve or thirteen miles in circum
ference, being simply a rocky hill, on which there is neither
water nor trees of any kind.; although the Fremontia vermicu-

88 , LIFE AND SERVICES OF JOHN C. FREMONT.
laris, which was in great- abundance, might easily be mistaken
for limber at a distance. The plant seemed here to delight in a
congenial air, growing in extraordinary luxuriance seven -to
eight feet high, and was very abundant on the upper parts of
the island, where it was almost thffonly plant. This is eminent
ly a saline shrub ; its leaves have a very' salt taste ; and it luxu
riates in saline soils, where it is usually a characteristic. It is
widely diffused over all this country. A chenopodiaceotis shrub,
which is a new species of obione(0. rigida, T&rr. Sf Frem),
was equally characteristic of the lower parts of the island.
These two are the striking plants on the island, and belopg to
a class of plants which form a prominent feature in the vege
tation of this •country. On the lower parts of the island, also,
a prickly pear of very large size was frequent. Oil the shore,
near the water, was a woolly Species of phdcO. ; and a new spe
cies of umbelliferous plant (leptdtamia) was scattered about in
very considerable abundance. These constituted all the vegeta
tion that now appeared upon the island.
" I accidentally left 'on the summit the brass cover to the
object end of my spy-glass ; and- as it will probably remain
there undisturbed by Indians, it will furnish matter of specu
lation to some future traveller. In our excursions about the .
island, we did not meet with any kind of animal ; a magpie,
and another larger bird, probably attracted by the smoke of
our fire, paid us a visit from the shore, and were the only
living things seen during our stay. The rock constituting the
cliffs along the shore where we were encamped, is a talcous
rock, or steatite, with brown spar.
" At sunset, the temperature was l70°. We had arrived
just in time to obtain a meridian altitude of the sun, and
other observations were obtained this evening, which place
our camp in latitude 41°10' 42", and longitude 112° 21' 05"
from Greenwich. From a discussion of the barometrical obser
vations made during our stay on the shores of the lake, we have
adopted 4,200 feet for its elevation above the gulf of Mexico.

» SECOND EXPLORING EXPEDITION. 83
In. the first disappointment we felt from the dissipation of our
dream of the fertile islands, I called this Disappointment Island.
"Out of the drift wood, we made ourselves pleasant little
lodges, open to the water, and, after having kindled large fires to
excite the wonder of any stiwggling savage on the lake shores,
lay down, for the first time in a long journey, in perfect security ;
no one thinking about his arms. The evening was extremely
bright and pleasant ; but the wind rose during the night, and
the waves began to break heavily on the shore, making our
island tremble. I had not expected in our inland journey to
hear the roar of an ocean surf; and the strangeness of our
situation, and the excitement we felt in the associated interests
of the place, made this one of the most interesting nights I re
member during our long expedition.
" In the morning the surf was breaking heavily on the shore,
and we were up early. The lake was dark -and agitated, and we
hurried through our scanty breakfast, and embarked — having
first filled one of the buckets with witter from-the lake, of which
it was intended to make salt. The sun had risen by the time we
were ready to start; and it was blowing a strong gale of wind,
almost directly off the shore, and raising a considerable sea, in
which our boat strained very much. It roughened as we got
away from the island, and it required all the efforts of the men
to make any head against the wind' and sea, the gale rising with
the sun ; and there was danger of being blown into one of the
open reaches beyond the island. At the distance of half a mile
from the beach, the depth of water was sixteen feet, 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 of ascertaining the depth, and the character of .the bed.
There was a general shout in the boat when we found ourselves
'in one fathom, and we soon after landed on a low point of mud,
immediately under the butte of the peninsula, where we unloaded

90 LIFE AND SERVICES OF JOHN C. FREMONT.
the boat and carried the baggage about a quarter of a mile to
firmer groundj®|We arrived just in time for meridian observar
tion, andtjarrieathe barometer to the summit of the butte, which
is 500 feet above the lake. Mr. Preuss set off on foot for the
camp, which was about nine miles distant ; Basil accompanying
him to bring back horses for tbe boat and baggage.
" Tho rude-lookjng shelter we raised on the shore, our scat- ¦
tered baggage and boat lying on the beach, made quite a picture ;
and we called this the Fisherman's Camp. Lynosiris graveolens,
and another new species of obionk (O confertifolia — Torr. &
Frem.), were growing on the low grounds, with interspersed
spots of an unwholesome salt grass, on a saline clay soil, with a
few other plants.
" The horses arrived late in the afternoon, by which time the
gale had increased to such a height that, a, man could scarcely
stand before it; and we were obliged to pack our baggage
hastily, as the rising water of the lake had already reached the
point where we were halted. Looking back as we rode off, we
found the place of recent encampment entirely cove.red. The
low plain through which we rode to the camp was covered with
a compact growth of shrubs of extraordinary size and luxuriance.
The soil was sandy and saline ; flat places, resembling the beds
of ponds, that were bare of vegetation, and covered with a pow
dery white salt, being interspersed among the shrubs. Artemisia
tridentata was very abundant, but the plants were principally
saline ; a large and vigorous chenopodiaceous shrub, fire to
eig*ht feet high, being characteristic, with Fremontia vermicu-
laris, and a shrubby plant which seems to be a new salicornia,
We reached the camp in time to escape a thunder storm which
blackened the sky, and were received with a discharge 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 the 4th of November, Col. Fremont and hia
party reached Fort Vancouver, on the Columbia River,

SECOND EXPLORING EXPEDITION. 91
the appointed terminus of his journey. He remarks
in his journal that it would have been very gratifying
to have . gone down to the Pacific, and solely in the
interest and in the love of geography, to have seen the
ocean on the western as well as on the eastern side of
the continent, so as to give a satisfactory completeness
to the geographical picture which had been formed in
his mind ; but the rainy season had now regularly set
in, and the air was filled with fogs and rain, which left
no beauty in any scenery, and obstructed observations.
The object ofhis instructions had been entirely fulfilled
in having connected his reconnoissance with the sur
veys of Captain Wilkes ; and although it would have
been agreeable and satisfactory to have completed
there his astronomical observations, he did not feel that
for such a reason he would be justified in waiting for
favorable weather. He therefore signified his intention
to his companions to set out for the east without an hour's
unnecessary delay.

92 LIFE AND SERVICE8 OF JOHN 0. FREMONT.

CHAPTER Y.
SECOND EXPLORING EXPEDITION COiSTrNUED — SETS OUT FEOM
FORT VANCOUVER  INTERESTING INDIAN* COUNCIL — SPEECH
OF COL. FREMONT  JOURNEY THROUGH THE MOUNTAINS —
INSANITY OF HIS MEN FROM PRIVATION AND COLD — PREUSS
LOSES HIS WAY  ARRIVAL AT THE RANCHE OF CAPTAIN
SUTTER. In two days, preparations for their return were com
pleted, and on the 10th of November, his little party
em,bai"ked on their homeward journey, in which he con
templated a circuit to the south and southeast, and the
exploration of the Great Basin between the Rocky
Mountains .and the Sierra Nevada. Three principal
objects were indicated, by report or by mapsras being
on this route, the character or existence of which he
wished to ascertain, and which he assumed as land
marks, or leading points, on the projected line of
return. The first of these points was the Tlamath
Lake, on the table-land between tlie head of Fall River,
which comes to the Columbia, and tlie Sacramento,
which goes to the bay of San Francisco ; and from
which lake a river of the same name makes its way
westwardly direct to the ocean. The position of this
lake, on the line of inland communication between

SECOND EXPLORING EXPEDITION. 93
Oregon and California; ite proximity to the demarka-
tion boundary of latitude 42° ; its imputed double
character of lake, or meadow, according to the season of
the year; and the hostile and warlike character attri
buted to the Indians about it — all made it a desirable
object to visit and examine. From this lake he
intended to go about southeast, to a reported lake
called Mary's, distant some days' journey in the Great
Basin ; and thence, still on southeast, to the reputed
Buenaventura River, which has had a place in many
maps, countenancing a belief in the existence of a
great river flowing from the Rocky Mountains to the
bay of San Francisco. From the Buenaventura his
destination was that section of the Rocky Mountains
which includes the heads of Arkansas River, and of the
opposite waters of the California gulf; and thence
down the Arkansas to Bent's fort, and home. This was
his projected line of return — a great part of it abso
lutely new to geographical, botanical, and geological
science — and the subject' of endless rumors of lakes,
rivers, deserts, and savages hardly above the condition
of wild animals, all tending to inflame his curiosity and
love of adventure to its highest pitch.
It was a serious enterprise, at the commencement of
winter, to undertake the passage of such a region, and
wifch 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, several of them being under twenty-one years
of age. All knew that a strange country was to be
explored, and dangers and hardships to be encountered ;
but no one blenched at the prospect. On the contrary,
courage and confidence animated the whole party.

94 LD7E AND SERVICES OF JOHN O. FREMONT.
Cheerfulness, readiness, subordination, prompt obedi
ence, characterized all; nor did any extremity of peril
or privation, to which they were afterwards exposed,
says Mr. Fremont, ever belie, or derogate 'from, the
fine spirit of this brave and generous commencement.
He was not permitted to execute this plan precisely
as he had marked it out; but we must refer to his
official report, those who wish to know how he was forced
by desert plains and mountain ranges, and deep snows,'
far to the south, and along the western base of the
Sierra Nevada ; where, indeed, a new and ample field of
exploration opened itself before him. The reader will
be able to form a tolerably satisfactory idea of the
hardships endured by him and his heroical party
during the eleven months that he was struggling for a
passage over the mountains, by a few extracts from
his journal for the months of January, February, and
March", which are here submitted. No one can rise
from the perusal of them without feeling that the
powers of human endurance had never been so fully
tested before.

" January 28<A. — To-day we went through the pass with all
the camp, and, after a hard day's journey of twelve miles,
encamped on a.high'point where the snow had been blown off,
and the exposed grass afforded a scanty pasture for the animals.
Snow and broken country together made our travelling difficult.
We were often compelled to make large circuits, and ascend the
highest and most exposed ridges in order to avoid snow, which
in other placet was banked up to a great depth. * * *
" To-night we did not succeed in getting the howitzer into
camp. This was the most laborious day we had yet passed
through, the steep ascents and deep snow exhausting both u»en

SECOND EXPLORING EXPEDITION. 95
and animals. Our single chronometer had stopped during the
day, and its error in time occasioned the,loss of an eclipse of a
satellite this evening. It had not preserved the rate with which
we started from the Dalles, and this will account for the absence
of longitudes along this interval of our journey.
"January 29<A. — Several Indians appeared on the hillside,
reconnoitring the camp, and were induced to come in ; others
came in during the afternoon; and in the evening we held a
souncil.. The Indians immediately made it clear that the waters
on which we were, also belong to the Great Basin, in the edge
of which we had been since the, l^th of December; and it
became evident that we had still the great ridge on the left to
cross before we could reach the Pacific waters.
" We explained to the Indians that we were endeavoring to
find a passage across the mountains into the country of the whites,
whom we were going to see ; and told them that we wished them
to bring us a guide, to whom we would give presents of scarlet
cloth, and other articles, which were shown to them: They
looked at the reward we offered, and conferred with each other,
but pointed to the snow on the mountains, and drew their hands
across their neck and raised them above their heads, to show
the depth: and signified that it was impossible for us to get
through. They made signs that we must go to the south
ward, over a pass through a lower range, which they pointed
out; there, they said, at the end of one day's travel we would
find people who lived near a pass in the great mountain ; and to
that point 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 river, and crossed to the other waters. They pointed out
to us where they had crossed; but then, they said, it was sum
mer time ; but now it would be impossible. * * *
"The Indians brought in during the evening an abundant
supply of pine-nuts, which we traded from them. When roasted,

96 LDJE AND SERVICES OF JOHN O. FREMONT.
their pleasant flavor made them an agreeable addition to om
now scanty store of provisions which were reduced to a very
low ebb. Our principal stock was in peas, which it is not neces
sary to say contain scarcely any nutriment. We had still a
little flour left, some coffee, and a quantity of sugar, which 1
reserved as a defence against starvation.
******
" The other division of the party did not come in to-night, but
encamped in the upper meadow, and arrived the next morning.
They had not succeeded in getting the howitzer be, ond the place
mentioned, and where it had bgen left by Mr. Preuss in 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 the kind invented by the French for the
mountain part of their war in Algiers ; and the distance it had
come with 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 occasions, and which might be needed for the" same pur
pose again,
" January 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, aud 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 gently rising ground,
the dividing ridge being tolerably low ; and travelling easily
along a broad trail, in twelve »r fourteen miles reached the
upper part of the pass; when it began to snow thickly, with -
very cold weather. The Indians had only the usual scanty

SECOND EXPLORING EXPEDITION. . 97
covering, and appeared to suffer greatly from tire cold. All left
us, except our guide. Half hidden by the storm, the mountains
looked dreary ; and, as night began to approach, the guide
showed great reluctance to go forward. I placed him between
two rifles, for the way began to be difficult. Travelling a little
further, we struck a ravine, which the Indian said would con
duct us to the river ; 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 his foot frostbitten ; and
about dark we had the satisfaction to reach the bottoms of a
stream timbered with large trefes, among which we found a
sheltered camp, with an abundance of such grass as the season
afforded 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 Were 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 gratifying 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 one 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 my 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 across the mountain into the

98 LIFE
country of the other whites. There were two who appeared
particularly intelligent — one, a somewhat old man. He told
me that, before the snow fell, it was six sleeps to the plaee where
the whites lived, but that 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 heads, he urged us strongly
to follow the course of the river, which he said would conduct
us to a lake in which there were many large fish. There, he
said, were many people ; there was no snow on the ground ; and
we might remain there until the spring.
" From their descriptions, we were enabled to judge that we
had encamped on the upper waters of the Salmon Trout River.
It is hardly necessary to say that our communication was only
by signs, as we understood nothing of their language ; but they
spoke, notwithstanding, rapidly and vehemently, explaining whai
they considered the folly of our intentions, and urging us to go
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 would
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
discussion among themselves, the old man made us comprehend,
that if we could break through the snow, at the end of three
days we would come down upon grass, which he showed us
would 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 EXPLORING EXPEDITION. 99
With a large present of goods, we prevailed upon this young
man to be 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; his 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 having made them comprehend the use of
our fire-arms. The snow, which had intermitted in the evening,
commenced 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 them that necessity required us to make a great
effort to clear the mountains. I reminded them of the beautiful
valley of the Sacramento, with which they were familiar from
the descriptions of Carson, who had been there some fifteen
years ago, and who, in our late privations, had delighted us in
speaking of its rich pastures and abounding game, and drew a
vivid contrast between its summer climate, less than a hundred
miles distant, and the falling snow around us. I informed them
(and long experience had given them confidence in my observa
tions and good instruments) that almost directly west, and only
about seventy miles distant, was the great faiming establishment
of Captain Sutter — a gentleman who had formerly lived in Mis
souri, and, emigrating to this country, had tiecome the possessor
of a principality. I assured them that, from the heights of the
mountains before us, we should doubtless see the valley of the
Sacramento River, and with one effort place ourselves again in
the midst of plenty. The people received this decision with the
cheerful obedience' which had always characterized them ; and
the day was immediately devoted to the preparations necessary
to enable us to carry it into effect. Leggings, moccasins,
clothincr — all were put into the best state to resist the co'd.
Our guide was not neglected. Extremity of suffering might

100 LIFE AND SERVICES OF JOHN C. 1'REMONT.
make him desert : we therefore did the best we could for him.
Leggings, moccasins, some articles of clothing, and a large green
blanket, in addition to the blue and scarlet cloth, were lavished
upon him, and to his 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 various
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
had been a compagnon de voyage ever since, had now become
fat, and the mess to which 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.
******
" 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 entirely,, and work along the mountain side,
which was very steep, and the snow covered with an icy crust.
We cut a footing as we advanced, and 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 plunging
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.

SECOND EXPLORING EXPEDITION. 101
" The camp had been all the day occupied in endeavorino- to
ascend the hill, but only the best horses had succeeded; the
animals, generally, not having sufficient strength to bring them
selves up without the packs ; and all the line of road between
this and the springs was strewed with camp stores and equipage,
and horses floundering 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 bright 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 j.oined our party here ; and orns of them, an old
man, immediately began to harangue us, saying that ourselves
and animals woul3 perish in the snow ; and that if we would go
back, he would show us another and a better way across the
mountain. He spoke in a very loud voice, and there was a sin
gular repetition 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 off from the narrow trails which led along
their sides. Our Chinook, who 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 people to see
the whites, and I wouldn't care to die among tb«n ; but here' —
and he looked around in the cold night and gloomy forest, and
drawing his blanket over his head, began again to lament.
" Seated around the tree, the fire illuminating the rocks and the

102 LIFE AND SERVICES OF JOHN C. FnTT.nNT.
tall boles of the pines round about, and the old Indian harangu
ing, we presented a group of very serious faces.
"February 5. — The night had been too cold to sleep, and we
were up very early. Our guide was standing by the fire, with all
his finery on : and seeing 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 treachery 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 off 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 afforded us a chance to scramble
along. But these were steep, and slippery with snow and ice,
und the tough evergreens of the mountains impeded our way}
tore our skins, and exhausted our patience. Some of us had the
misfortune to wear moccasins with parflfohe soles, so slippery that
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 ahead with Carson to
reconnoitre the road, we reached in the afternoon the river
whioh made the outlet of the lake. Carson sprang over, clear
across a place where the stream was compressed among the
rocks, but the parfleche sole of my moccasin glanced from the
icy rock, and precipitated me into the river. It was some few
seconds before I could 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, which had been
lost in the fall, but the cold drove us out ; and making a large
fire on the bank, after we had partially dried ourselves, we went
back to meet thf 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 inthe 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 sharp wind from the northeast, and the thermometer two
degrees below the freezing point. * * *
" Another horse was killed to-night, for food. *
" My favorite horse, Proveau, had become very weak, and was
scarcely able to bring himself to the top. I left Jacob to bring
him 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 day.
"February 29. — We lay shut up in the narrow ravine, and
gave the animals a necessary day ; and men were sent back after
the others. Derosier volunteered- to bring up 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 ahead, and the
valley appeared 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 might 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 Derosier 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 camp 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.

104 LIFE AND SERVICES OF JOHN C. FREMONT.
" A short distance below our encampment the river mountains
terminated in precipices, and, after a fatiguing march of only
a few miles we encamped on a bench where were springs and
an abundance of the freshest grass. In the meantime Mr. Preuss
continued on down the river, and, unaware that we had encamped
so early in the day, was lost. When night, arrived, and he did
not come in, we began to understand what had happened to
him ; but it was too late to make. any search.
" March 3. — We followed Mr. Preuss's trail for a considerable
distance along the river, until we reached a place where he had
descended to the stream below and encamped. Here we shouted
and fired guns, 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. Preuss ; and this time we
were gratified with an answer. The voice grew rapidly nearer,
ascending from the river ; but when we expected to see him
emerge, it ceased entirely. We had called up some straggling
Indian — the first we had met. although for two davs back we
had seen tracks — who, mistaking us for his fellows, had been
only undeceived on getting close up. Ignorant of the character
of the people, we had now an additional cause of uneasiness in
regard to Mr. Preuss ; he bad no arms with him, and we began
to think his chanee doubtful.
" The mountains now were getting" sensibly lower ; but still
there is no valley on the river, which presents steep, and rocky
banks ; but here, several miles from the river, the country is
smooth and grassy; the forest has no undergrowth; and in the
open valleys or rivulets, 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 encamped about
noon to make an effort 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 promised a pair of pistols— not as a

SECOND EXPLORING EXPEDITION. 105
reward, but as a token of gratitude for a service which would
free us all from much anxiety.
" We had among our few animals a horse which was so
much reduced, that with travelling, even the good grass could
not save him ; and, having nothing to eat, he was killed this
afternoon. He was a good animal, and had made the journey
round from Fort Hall. ******
" The absence of Mr. Preuss gave me great concern ; and, for
a large reward, Derosier volunteered to go back on the trail. I
directed him to search along the river, travelling upward for the
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 whispor, and offering us smaller baskets of the
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 atewith
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
5*

106 LIFE AND SERVICES OF JOHN 0. FREMONT.
behind, and had the pleasure to see Mr. Preuss descending
towards the camp. Like ourselves, he had travelled to-day
twenty-five miles, but had seen nothing of Derosier. Knowing,
on the day he was lost, that I 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
End 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 thai 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, having
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, he found
a nest of big ants, which he let run on his hand, and stripped
them off 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 relief which
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, walking
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
hunger, 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,

SECOND EXPLCRING EXPEDITION. 107
he did not there succeed in finding either. He had collected
fire-wood for the night, when he heard at some distance from
the river the barking of what he thought were two dogs, and
walked in that direction as quickly as he was able, hoping to
find there some Indian hut, but met only two wolves ; and, in
his disappointment, the gloom of the forest was doubled.
" Travelling the next day feebly down the river, he found five
or six Indians at the huts, of which we have spoken ; some were
painting themselves black, and others roasting acorns. Being
only one man, they did not run off, but received him kindly, and
gave him a welcome supply of roasted acorns. He gave them
his pocket knife in return, and stretched out his hand to one of
the Indians, 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 wer 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
toqk to be the Sacramento. * * * *
" We made an acorn meal at noon, and hurried on ; the valley
being gay with fiowers, and some of the banks being absolutely
golden with the California poppy (eschscholtzia crocea) Here
the grass was smooth and green, and the groves very open ; the
large oaks throwing a broad shade among sunny spots. Shortly
afterwards we gave a shout at the appearance on a little bluff of
a neatly built adobe house with glass windows. We rode up,
but, to our disappointment, found only Indians. There was no

108 LIFE AND SERVICES OF JOHN C. FREMONT.
appearance of cultivation, and„we could see no cattle, ai.d we
supposed that the place had been abandoned. We now pressed
on more eagerly than ever ; the river swept round-in a large
bend to tbe right ; the hill lowered down entirely ; and, gradually
entering a broad valley, we came unexpectedly into a large
Indian village, where the people looked clean, and wore cotton
shirts and various other articles of dress. They immediately
crowded around us, and we had the inexpressible delight to find
one who spoke a little indifferent Spanish, but who at first con
founded us by saying there were no whites in the country; but
just then a well-dressed Indian came up, and made his salutations
in very well spoken Spanish. In answer to our inquiries, he
informed us that we were upon the Bio de los Americanos (the
river ofthe Americans), and that it "joined the Sacramento River
about- ten miles below ! Never did a name sound more sweetly-
We felt ourselves among our countrymen ; ' for the name of
American, in these parts, is applied to the citizens of the United
States. To our eager inquiries he answered, 'lam a vaquero
(cow herd) in the service of Captain Sutter, and the people of
this rancheria work for him.' Our evident satisfaction made him
communicative ; and he went on to say that Captain Sutter was
a very rich man, and always glad to see his country people.
We asked for his house. He answered that it was just over the
hill before us ; and offered, if we would wait a moment, to take
his horse and conduct us to it. We readily accepted his civil
offer. In a short distance we 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 the fort by Captain Sutter himself.
He gave us a most franl, and cordial reception — conducted us
immediately to his residen. e — and under his hospitable roof we
had a night of rest, enjoynu nt and refreshment, which none but
ourselves could appreciate. J hit the party left in the mountains
with Mr. Fitzpatrick were to be attended to ; and the next morn
ing, supplied with fresh horses and provisions, I hurried off to

SECOND EXPLORING EXPEDITION. 109
meet them. -On the second day ^;e met, a few miles below the
forks of the Rio de los Americanos : and a more forlorn and
pitiable sight than tbey presented, eannot well be imagined.
They were all on foot — each man, weak and emaciated", lead
ing a horse or mule as weak and emaciated as themselves. They
had experienced great difficulty in descending the mountains,
made slippery by rains and melting snows, and many horses fell
over precipices, and were killed ; and with some were lost the
packs they carried. Among these was a mule with the plants,
which we had collected since leaving Fort Hall, along a line of
2,000 miles travel. Out of sixty-seven horses and mules with
which we commenced crossing the Sierra, only thirty-three
reached the valley of the Sacramento, and they only in a condi
tion to be led along.
" Mr. Fitzpatrick and his party, travelling more slowly, had
been able to make some little exertion at hunting, and had killed
a few deer. The scanty supply was a great relief to them ; for
several had been made sick by the' strange and unwholesome
food which the preservation of life had compelled them to use.
We stopped and encamped as soon as we met ; and a repast of
good beef, excellent bread, and delicious salmon, which I had
brought along, were the first relief from the sufferings of the
Sierra, and their first introduction to the luxuries of the Sacra
mento. It required all our philosophy and forbearance to pre
vent plenty from becoming as hurtful to us now, as scarcity had
been before."

110 LIFE AND SERVICES OF JOHN C. FREMONT.

CHAPTER VI.
SECOND EXPEDITION CONCLUDED  ENCAMPS AMONG THB
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 refreshing himself and men, and procuring such
a stock of provisions as they required, Col. Fremont
resumed his journey on the 24th 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 pf 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 arms
in band all day, to keep them out of the camp. They began to
surround the horses, whicTi, for the convenience of grass, we were

SECOND EXPLORING 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 night we had made a very bad
encampment, our fires being commanded by a rocky bluff
within fifty yards; but, notwithstanding, we had the river and
small thickets of willows on the other side. Several times during
the day the camp 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 bluffs ;
and they were scattered in every direction over the hills. Their
language being probably a dialect of the Utah, 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 disposition was evidently hostile, nor were
we well d'sposed towards them. They were barefooted, and
nearly naked: their 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 ; and, 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
iimilarity. ~
" 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

112 LIFE AND SERVICES OF JOHN C. FREMONT.
: umber, ' and we — we are a great many ;' and he pointed to tha
hills and mountains round about. ' If you have your arms,' said
he, twanging his bow, ' we have these.' I had some difficulty in
restraining the people, particularly Carson, who felt an insult of
this kind as much as if it had been given by a more responsible
being. ' Don't say that, old man,' said he ; ' don't say that — your
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 u^-on bushes.
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 from 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 Diggers;
and to these I have more particularly had reference when occasion
ally speaking 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 six 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 de 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' march through a road of hills and heavy sands, we
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-
tica), 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, 36° 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 Rio Virgen — a tributary to the
Colorado. Indians appeared in bands upon the hills, but did not
come into camp. For several days we continued our journey up
the river, the bottoms of whieh were thickly overgrown with
various kinds of brush ; and the sandy soil was actually covered
with the tracks of Diggers, who followed us stealthily, 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 off 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 bluff. On the opposite side was a grove
of cotton woods at the -mouth of a fork, which here enters the
river. On either side the valley is bounded by 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 mile farther up, where we found a good .ittle patch of
grass. There being only sufficient grass for the night, the horses

114 LIFE AND SERVICES OF JOHN C. FREMONT.
were sent 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 the river, and discovered the Spanish trail on the other
side. •' I had been engaged in arranging plants ; and, fetigued with
the heat of the day, I fell asleep in the afternoon, and did not
awake 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 search of a lame mule, had not returned. While we were
speaking, a smoke rose suddenly from the cottonwood 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 guard. Carson with
several men well mounted, was instantly sent down the river,
but returned in the night without tidings of the missing man.
They- 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 the 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
Tabeau'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

SECOND EXPLORING EXPEDITION. 115
at once, had been the place where he fell and died. Blood upon
the leaves, and beaten down bushes, showed that he had got his
wound about twenty paces from where he fell, and that he had
struggled for his life. He had probably been shot through the
lungs with 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 foujid, except a fragment of his horse equipment.
Horse, gun, clothes — all became the prey of these Arab3 of the
New World.
" Tabeau had been one of our best men, and his unhappy
death spread a gloom over 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 before, they infested our camp ; no»w, not one appeared ; nor
did we ever afterwards see but one who even belonged to the
same tribe, and he at a distance."
On the 23d of May, Colonel Fremont reached Utah
Lake. Having completed the immense circuit of
twelve degrees diameter North and South, and ten
degrees East and West, he found himself at the end of
eight months on the same sheet of water which he had
left the September previous, .the Utah being the
Southern limb of the Great 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 SERVICES OF JOHN .0. FREMONT.
travelled 3500 miles, and had a view of Oregon and of
North California from the Rocky Mountains to the
Pacific Ocean, and of the two principal streams which
form bays or harbors on the coast of that sea. During
the entire eight months he was never out of the sight of
snow, and the point where they crossed the Sierra
Nevada was was near 2,000 feet higher than -the South
Pass of the Rocky Mountains.
With one single quotation more to illustrate Mr.
Fremont's faculty of generalization, we close our account
of this expedition.
" Having completed this circuit, and being now about to turn
the back upon the Pacific 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
general structure of the country we had traversed. These are
peculiar and striking, and differ essentially from the Atlantic side
of our country. The mountains all are higher, more numerous,
and more distinctly defined in their ranges and directions ; and,
what is so contrary to the natural order of such formations, one
cf these ranges, which is near the coast (the ^Sierra Nevada
and the Coast Range), presents higher elevations and peaks than
any which are to ba found in the Rocky 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" the Rocky Mountains. In height,
these mountains greatly exceed those of the Atlantic side, con
stantly presenting peaks which enter the region o" 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 character to the coast. No great river does, or can

SECOND EXPLORING EXPEDITION. 117
take its rise below the Cascade and Sierra Nevada range ; the
distance to the sea is too short to admit of it. The rivers of the
San Francisoo bay, "which are the largest after the Columbia,*
are local to that bay, and lateral to the coast, having their
sources about on a line with the Dalles of the Columbia, and
running each in a valley of its own, between Coast range and
the Cascade and Sierra Nevada range. The Columbia is the
only river which traverses the whole breadth of the. country,
'breaking through all the ranges, and entering the sea. Draw
ing its waters from a section of ten degrees of latitude in' the
Rocky Mountains, which are collected into one stream by three
main forks (Lewis's, Clark's, and fche North Fork) near the
centre of the Oregon valley, this great river thence proceeds by
a single channel to the sea, while its three forks lead each to a
pass in the mountains, which opens the way into the interior of
the continent. This fact, in relation to the rivers of this region,
gives an immense value to the Columbia. Its mouth is the
only inlet 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 Pacific and the interior of North
America ; and all operations of war or commerce, of national or
social intercourse, must be conducted upon' it. This gives it a
value beyond estimation, and would involve irreparable injury if
lost. In this unity and concentration of its waters, the Pacific
side of our continent differs entirely from the Atlantic side,
where the waters of the Alleghany Mountains are dispersed into
many rivers, having their different entrances into the sea, and
opening many lines of communication with the interior.
"The Pacific coast is equally different 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 Pacific coast, on the contrary, is high and
compact, with few bays, and but one that opens into the heart
of the country. The immediate coast is what the seamen call

118 LDJE AND SERVICES OF JOHN C. FREMONT.
iron bound. A little within, it is skirted by two successive
ranges of mountains, standing as ramparts between the sea and
? the interior country ; and to get through which, there is but one
gate, and that narrow and easily defended. This structure of
the coast, backed by these two ranges of mountains, with its
concentration and unity of waters, gives to the country an
immense military strength, and will probably render Oregon the
most impregnable country in the world.
" Differing so much from the Atlantic side of our continent;
in coast, mountains, and rivers, the Pacific side differs from it in
another most rare and singular feature — that of the Great
interior Basin, of which I "have so often spoken, and the whole
form and character of which I was so anxious to ascertain. Its
existence is vouched for by such of the American traders and
hunters as have some knowledge of that region ; the structure
of the Sierra Nevada range of mountains 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
Salt 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 these 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 Uttle system of streams and rivers to supply it. This would

SECOND EXPLORING EXPEDITION. 119
be the natural effect ; and what I saw went to confirm it. The
Great, Salt Lake is a formation of this kind, and quite a laro-e
one ; and having many streams, and one considerable river, four
or five hundred miles long, falling into it. This lake and river
I saw and examined myself; and also saw the Wah-satch and
Bear 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 Basin. In going down Lewis's Fork
and the 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 Rio 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 with 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 parted 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 California ; the
demarkation latitude of 42° probably cutting a (segment fiom

120 LIFE AND SERVICES OF JOHN O. KKEMUJVi.
the north part of the "rim. Of its interior, but little is known.
It is called a desert, and, from what I saw of it, sterility may be
its prominent characteristic ; but where there is so much water,
there must be some oases. The great river, and the great-lake,
reported, may not be equal to the report ; but where there is so
much snow, there must be stream's; and where there is no
outlet, there must be lakes to hold the accumulated waters, or
sands to swallow them up. In this eastern part of the Basin,
< ontaining Sevier,*Utah, and the Great Salt lakes, and the rivers
and creeks falling into them, we know these is good soil and
good grass, adapted to civilized settlements. In the western
part, on Salmon Trout River, and some other streams, the same
remark may be made.
" The contents of this Great Basin are yet to be examined.
That it is peopled, we know; but miserably and (sparsely.
From all that I heard and saw, I should say that humanity here
appeared in'its lowest form, and in its most elementary state.
1'ispersed in single families; without fire-arms; eating seeds
und insects; digging roots (and hence their name) — such is
the condition of the greater part. Others are a degree higher,
and live in communities upon some lake or river that supplies
fish, and from whence they repulse the miserable Digger. The
rabbit is the -largest animal known in this desert; its flesh
affords a little meat ; and their bag-like covering is made of its
skins. The wild sage is their only wood, and here it is of
extraordinary size — sometimes 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 whith,
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,

SECOND EXPLORING EXPEDITION. " 121
and often sterile, are common enough in Asia ; people still in
the elementary state of families, living in deserts, with no other
occupation than the mere animal search for food, may still be
seen in that ancient quarter of the globe ; but in America such
things are new and strange, unknown and unsuspected, and dis
credited when related. But I flatter myself that what is
discovered, though not enough to satisfy curiosity, is sufficient
to excite it, and that subsequent explorations will complete what
has been commenced.
"This account, of the Great Basin, it will be remembered,
belongs to the Alta California, and has no application to
Oregon, whose capabilities may justify a separate remark.
Referring to my journal for particular descriptions, and for
-sectional boundaries 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 are superior for wheat ; while in the rearing of flocks and
herds it would claim a high place. Its grazing capabilities are
great ; and even in the indigenous grass now there, an element
of individual and national wealth may be found. In fact, the
valuable grasses begin within one hundred and fifty miles of the
Missouri frontier, and extend tp the Pacific ocean. East of the
Rocky mountains, it is the short curly grass, on which the
buffalo delight to feed (whence its name of buffalo), 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 have 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.
6

1JJ LIFE AND SERVICES OF JOHN C FREMONT.
"Commercially, the value of the Oregon conn try must be
great, washed as it is by the north Pacific ocean — fronting
Asia — producing many of the elements of commerce — mild
and healthy in its climate — and becoming, as it naturally
will, a thoroughfare for the East India and China trade."
The soundness of these inductions have all been since
abundantly verified.
Immediately upon his return from this expedition,
Fremont, who at that time held the rank of second
lieutenant of topographical engineers, received the
double brevet of captain in the army, upon the recom
mendation of General Scott, who made the colonel's
services in the topographical corps the subject of a spe
cial report. This report, which is now on file in the
War Department at Washington, consists of two parts ;
the first an argument that a double brevet, under the
law, might be granted ; and secondly, that, in con
sideration of " Fremont's " gallant and highly merito
rious services " in the expeditions commanded by him
self, fhe first to the Rocky Mountains, which terminated
October 17, 1842, and the second beyond those moun
tains, which terminated July 31, 1843," they ought to
be granted. This tribute from General Scott was the
more flattering from the fact that, at that time, he had
no personal acquaintance with Fremont, nor were his
relations with Colonel Benton at all intimate. It was a
spontaneous and officer-like acknowledgement of talents
and services which had already conferred additional dis
tinction upon their common profession.

THIRD EXPLORING EXPEDITION. 123

CHAPTER VII.
THTRD EXPEDITION  FTRST VISIT TO MARIPOSAS — STRANGE
PHASES OF INDIAN LIFE  FIGHT WITH' HORSE-THIEF INDI
ANS—LOSES ALL HIS CATTLE IN THE SNOW  HOSTILE MES
SAGE FROM GOVERNOR CASTRO — HOISTS THE AMERICAN
FLAG IN CALIFORNIA — COL. BENTON'S ACCOUNT OP THE
CONQUEST OF CALIFORNIA  KIT CARSON'S ACCOUNT OF A
NIGHT ATTACK BY A PARTY OF TLAMATH INDIANS —
PARDON OF PICO  SECRETARY MARCY'S ACCOUNT OF THE
CONQUEST OF CALIFORNIA  ESTABLISHES THE INDEPEND
ENCE OF CALIFORNIA.
In preparing his reports for the press the remainder
of 1844 was occupied. In the spring of the following
year, Fremont set out on a third expedition, which com
prehended in its design an exploration of the interior.
region known as the Great Basin, and the maritime
country of Oregon and California. But the leading idea
of the journey was an examination of the overland com
munication with the ocean, and to this the others, though
of great and special interest, were incidental 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

124 LDTE AND SERVICES OF JOHN 0. FREMONT.
attraction. The beauty of the country, and its grand
commercial advantages, had indelibly impressed them
selves on his mind, and he had, in consequence, decided
to make it a future home for himself and his family.
After some months spent in examining the head
waters of the great rivers which flow to either ocean,
the party descended at the beginning of winter to the
Great Salt Lake, and in October encamped on its south
western shore, in view of that undescribed country
, which at that time had not been penetrated, and which
vague and contradictory reports of Indians, represented
as a desert without grass or water.
Their previous visit to the lake had given it a
somewhat familiar aspect, and on leaving it they felt as
if about to commence their journey anew. Its eastern
shore was frequented by large 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 offered
scanty encouragement as to what they might expect on
the desert beyond.
At its threshold and immediately before them was a
naked plain of smooth clay surface, mostly 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.
Four 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 EXPLORING EXPEDITION. 125
where he said there was grass and fine springs — were
sent forward to explore in advance for a foothold, and
verify the existence of water before the whole party
should be launched into the desert Their way led
toward the high peak of the mountain, on which they
were to make a smoke signal in the event of finding
water. About 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 upon
their trail, travelling rapidly all the night. Towards
morning one of the scouts, Archambault, was met
returning. * ,
The Indian had been found to know less than them
selves, and had been sent back, but the men had pushed
on to the mountains, where they found a running
¦stream, with wood and sufficient 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 first day's march and their 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 experienced
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 wliich they had
failed to find water, had turned into a mountain where

126 LIFE AND SERVICES OF JOHN C. FREMONT.
some appearances of timber and grass gaye promising
indications of a good camp.
They followed up a dry stream bed, until they were
nearly two thousand feet above the plain and towards
the summit of the mountain, where they found a spring
sufficiently large for the camp wants, with grass abun
dant, and pine wood and cedar to keep up 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 fire, when
Carson who was lying on his back with his pipe _n 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, nearly naked, her grizzly
hair hanging down over her face and shoulders. She
had 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 paralysed and her face blanched with fright, 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 was very old and could gather no
more seeds, and was no longer good for anything, and
that she was going to die when the snows got deep.

THIRD EXPLORING EXPEDITION. 127
She was greatly alarmed and eager to get away, and
as the hunters had been successful that day, she was
plentifully supplied with the meat of mountain sheep,
which she ran off with as soon as it was given to her.
She had not gone twenty steps before it was remem
bered that she had no fire 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 days afterwards, travelling along the foot of a
mountain, the arid country covered with dwarf shrubs,
a light volume of smoke was seen rising from a ravine.
Riding cautiously up,Jhey discovered a single Indian
on the border of a small creek. He was standing before
a little fire, naked as he was born, apparently thinking,
and looking at a small earthen pot which was simmering
over the fire, filled with the commQn ground-squirrel of
the country. .Another bunch of squirrels lay near it,
and close by were his bow and arrows. He was a well-
made, good-looking young man, about twenty -five years
of age. Although so taken by surprise that he made no
attempt to escape, and evidently greatly alarmed, he
received his visitors with forced gaiety and offered them
part of his pot aufeu and his bunch of squirrels. He
was kindly treated and some little presents made him,
and the party continued their way.
His bow was handsomely made, and the arrows, of
which there were about forty in his quiver, were neatly
feathered, and headed with obsidian, worked into spear-
shape by patient labor.
After they had separated, Fremont found that his
Delawares had taken a fancy to the Indian's bow and
arrows, and carried them off. They carried them will-

128 LIFE AND SERVICES OF JOHN C. FREMONT.
N. 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 inthe neighborhood, nor was it probable
there were any within twenty or thirty miles. The
difficulty of subsistence reduces this people nearly to
the condition of animals, and scatters them, during the
greater part of the year, sometimes singly, sometimes
in families, until the spring or (in certain places) the
fishing season brings them together again.
One day the party had reached one of the lakes lying
along the foot of the Sierra Nevada, which was their
appointed rendezvous with their friends, and where, at
this season, the scattered Indians of the neighborhood
were gathering, to fish. Turning a point on the lake
shore, a party of Indians, some twelve or fourteen in
number, came abruptly in view. They were advancing
along in Indian file, 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 foes in those they met, fell readily into their
humor, and they too passed on their way without word
or halt.
It was a strange meeting : two parties of such different
races and different countries, coming abruptly upon each
other, with every occasion to excite curiosity and pro
voke question, pass in a desert without a word of inquiry

THIRD EXPLORING EXPEDITION. 129
Or greeting — without any show of friendship or attempt
at hostility.
Shortly after this rencontre, the .divided parties met
at 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 beds of rushes
made goad 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 be
daily expected to block up the passes in the great Sierra,
if they had not already fallen, and with all their
experience it was considered too hazardous to attempt
the passage with the materiel of a whole party ; it was
arranged therefore that Walker 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. Fre
mont undertook, with a few men, to cross directly west
ward over the Sierra Nevada to Sutter's Fort, with the
view of obtaining there the necessary supplies of horses
and beef cattle with which to rejoin his party.
He 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, aud 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. 6*

130 LIFE AND SERVICES OF JOHN C. FREMONT.
After some days' travel, leaving the Mercedes river,
they had entered among the foot hills of the mountains,
and were journeying through a beautiful country of
undulating upland, openly timbered with oaks, princi
pally evergreen, and watered with small streams. In
the beauty and varied character of its scenery, this tract
is ore of the most remarkable in Southern California.
Travelling along, they came suddenly upon broad and
deeply-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 t^hat they were approaching villages of the
Horse-Thief Indians, who appeared 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 off into the mountains
bands of horses, and in a short time it became the occu
pation of all the Indians inhabiting the southern Sierra
Nevada, as well as the plains beyond.
Three or four parties would be sent at a time from
different villages, and every week was signalized by the
carrying-off of hundreds of horses to be killed and eaten
in the interior. Repeated 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, two Delawares with Maxwell and Dick Owens,

THIRD EXPLORING EXPEDITION. 131
two of Fremont's favourite men, were sent forward
upon the trail. The rest of the party had followed along
at their usual gait, but Indian 6igns became so thick,
trail after trail joining on, that they started rapidly after
the men, fearing for their safety. After a few miles
ride, they reached a spot which had been the "recent
camping ground of a village, and where abundant grass
and good water suggested a halting place for the night.
It was, evidently, a favorite encampment of the Horse
Thieves, as horse-bones whitened the ground in every
direction. They immediately set about unpacking their
animals and preparing to encamp.
While thus engaged, they heard what seemed to be
the barking of many dogs, coming apparently from a
village, not far distant ; but they had hardly thrown off
their saddles when they suddenly 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 fight had already commenced.
It did not need an instant to throw the saddles on
again, and leaving four men to guard the camp, Fre-
. mont, with the rest, rode off in the direction of the
eounds. 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
they had come suddenly 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 fight from.

132 LDJE AND SERVICES OF JOHN 0. FREMONT.
The Indians had nearly surrounded the knoll, and
were about getting possession of the horses as Fremont's
party came in view. Their, welcome shout as they
charged up the hill was answered by the yell of the
Delawares as they dashed down to recover their animals,
and th'e crack of Owen's and Maxwell's rifles. Owens
had singled out the foremost Indian, who went headlong
down the hill, to steal horses no more.
Profiting by the first surprise of the Indians, and
anxious for the safety of the men who had been left in
camp, the whites immediately retreated towards it,
checking the Indians with occasional rifle shots, with the
range of which it seemed remarkable that they were
acquainted. Night was drawing on as they reached their camp,
the Indians scattered through the woods and rocks about,
whence they kept up animated harangues to the whites.
Many of them had been mission Indians, and spoke
Spanish well. " Wait," they said, " Esperate Carrajos
—wait until morning. There are two big villages close
by; we have sent for the chief: he'll be down before
morning with all the people, and yon will all die.
None of you shall go back ; we will have all your 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 camp,
except when one of the Delawares shot at a wolf as it
jumped over a log, and which he mistook for an Indian,
As soon as it grew light they took to the most open
ground, and retreated into the plain. This was a village
of Chauchiles Indians, and the locality has since be
come well known under the name of Mariposas.

THIRD EXPLORING EXPEDITION. 133
The party again, by a more circuitous route, pushed
on to their rendezvous with the main camp.
In his search after his companions, Fremont entered
into high and rugged mountains, where he was shut in
by the winter's snows, from which he extricated him
self with great difficulty, and with the loss of all his
cattle. After a delay of some weeks both parties descended
into the " Great California Valley," glad of their escape
from suffering, and confident of again enjoying the hos
pitable welcome they had received the year before.
Leaving them in the valley of the San Joaquin, Fre
mont proceeded alone to Monterey, to make known to
the authorities the condition of his party, and obtained
permission to recruit and procure the supplies necessary
to proceed 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, who 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 result of orders from the city of
Mexico, directing that, in the event Fremont repeated
his visit to California, he and his party should be seized
and sent prisoners to Mexico, as had happened to Pike
in his expedition to New 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 liis party into the desert from which they had

134 LIFE AND SERVICES OF JOHN C FREMONT.
jfl&l isauedj-but retired into the "Pico del Gabellan,"
(Hawk's Peak), a rough mountain overlooking the
plains of San Juan and Monterey. He chose, near the
summit, a strong position, which he strengthened* by a
rude fort ot felled oak trees, over which he hoisted the
American flag. The position was strong, powder and
ball plenty, 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 pbain immediately below them, preparing
his forces, scaling his cannon, and gathering in the force
of the country, which he 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 the United States Consul at
Monterey to the Consul at Mazatlan :
" Consulate op the United States,-)
Monterey, California , March 9, 1846. J
" Sir : Enclosed with this you will receive several copies of
correspondence 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 Senor 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,
who has just come in from the general's camp, (San Juan), that
the whole country will be raised to force Capt. Fremont, if they
required so many. Senor Arce further says, that the camp of
the Americans is near Mr. Hartwell's rancho on a high hill,
with his flag flying ; of the latter I am not certain. * As you are
acquainted with this country and its people, you will advise with
our naval captains on the subject of sailing immediately for this
port.

THIRD EXPLORING EXPEDITION. 135
"If the vessel is not actually obliged to go elsewhere, it is my
earnest desire she sails for Monterey on the receipt of this,
although everything may end pleasantly amongst us.
" Believe me to be, yours sincerely,
" Thomas 0. Larkin.
" To John Parrot, Esq., United States Consul, Mazatlan."

Two couriers were sent to Fremont's camp by Mr.
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 could not compel him to leave the country, although
his party was so small.
The following is Fremont's note to the consul, dated :
" March 10, 1846.
" Mt Dear Sir : I this moment received your letters, and
without waiting 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 for 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.

136 LD7E_AND SERVICES OF JOHN 0. FREMONT.
and if we are hemmed in and assaulted here, we will die, every
man of us, under the flag of our country. " Very truly yours,
"J. C. Fremont.
"Thomas 0. Larkin, Esq., Consul
for the United States, ¦Monterey''
They remained in their encampment several days, in
hourly expectation of an attack. The men were strongly
disposed to surprise Castro's camp in the night, but
Fremont was unwilling to compromise his government
and the safety of the settlers in the country, by any
violent act on his part. Towards the close of the fourth
'day, while they sat in council on the difficulties of their
position, the flag which had been hoisted on a tali
sapling which had been trimmed into a flag-staff, sud
denly-fell, staff and all, to the ground. It was ominous.
The men looked 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 up," — and before morning they were
many miles distant on the flank of the San Joaquin
valley. During the night a messenger from Castro, (Gilroy,
of the valley of San Juan), reached the deserted camp
where he found the fires still burning. He brought
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

THIRD EXPLORING EXPEDITION. 137
Sacramento, into Oregon._ For what followed, we
avail ourselves of the succinct, but thrilling account
given by Col. Benton, in the second volume of his
"Thirty Tears' View."
" Turning his back on the Mexican possessions, and looking to
Oregon as the field of his future labors, Mr. Fremont determined
to explore a new route to the Wah-lah-math settlements and the
tide-water region of the "Columbia, through the wild and elevated
region of the Tlamath lakes. A romantic interest attached to
this region from the grandeur of its features, its lofty mountains
and snow-clad peaks, and from the formidable character of its
warlike inhabitants. In the first week of May he was at the
north end of the great Tlamath lake, and in Oregon — the lake
being cut near its south end by the ¦ parallel of 42° north
latitude. On the eighth day of that month a strange sight
presented itself — almost a startling apparition — two men riding up
and penetrating a region which few ever approached without paying
toll of life or blood. They proved to be two of Mr. Fremont's
old voyageurs, and quickly told their story. They were part of
a guard of six men conducting a United States officer, who was
on his trail with despatches from Washington, and whoni 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. They.
themselves had only escaped the Indians by the swiftness of
their horses. It was a case in whioh no time was to be lost, nor
a mistake made. Mr. Fremont determined to- go himself; and
taking ten picked men, four of them Delaware Indians, he took
(town the western shore of the lake on the morning of the 9th,
(the direction'the officer was to come), and made a ride of sixty
miles without a halt. But to meet men, and not to miss them,
was the difficult point in this trackless region. It was not the
case of a high road, where all travellers must meet in passing
each other : at intervals there were places — defiles, or camping

138 LIFE AND SERVICES OF JOHN O. FREMONT.
grounds — where both parties must pass; and watching for
these, he came to one in the afternoon, and decided that, if the
party was not killed, it must be there that night. He halted
and encamped ; and, as the sun was go|ng down, had the inex
pressible satisfaction to see the four men approaching. The
officer proved to be a lieutenant of the United States marines,
who had been dispatched from Washington the November pre
vious, to make his way by Vera Cruz, the City of Mexico and
Mazatlan, to Monterey, in Upper California, deliver despatches
to the United States consul there ; and then find Mr. Fremont,
wherever he should be. His despatches for Mr. Fremont were
only a letter of introduction from the Secretary of State, (Mr.
Buchanan), and some letters and slips of newspapers from
Senator Benton and his family, and some verbal communications
from the Secretary of State. The verbal communications were
that Mr. Freemont should watch and counteract any foreign
scheme on California, and conciliate the good will of the
inhabitants towards the United States. Upon this intimation of
the government's wishes, Mr. Fremont turned back from Ore
gon, in the edge of which he then was, and returned to
California. The letter of. introduction was in the common form,
that it might tell nothing if it fell into the hands of foes, and
signified 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
shores of the Tlamath lake."
The events of the night referred to by Mr. Benton,
and of a few succeeding days, are graphically told by
Carson himself, in an article furnished to the Washing
ton Union of June 16th, 1847, from which we make
the following extract :

, THIRD EXPLORING EXPEDITION. 139
" ' Mr. Gillespie had brought the Colonel letters from home —
the first he had had since leaving the States the year before —
and he was up, and kept a large fire burning until after mid
night ; the rest of us were tired out, and all went to sleep.
This was the only night in all our travels, except the one night
, on the island in the Salt Lake, that we failed to keep guard ;
and as the men were so tired, and we expected 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 sleeping
together, and we were waked at the same time by the licks of
the axe that killed our men. At first, I didn't know it was
that ; but I called to Basil, 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 been 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 unloaded;
but, although he could do no execution, he kept them at bay,
fighting like a soldier, and didn't give up until he was shot full
of arrows — three entering his heart ; he died bravely. As soon
as I had called out, I saw it was Indians in the camp, and I and
Owens together cried out 'Indians.' There 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 Colonel 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 who didn't ; but I think it was Stepp's shot that killed
the Tlamath chief; for it was at the crack of Stepp's gun that
he fell. He had an English half-axe slung to his wrist by a
cord, and there were forty arrows left in his quiver — the most
beautiful and warlike arrows I ever saw. He must have been
the bravest man among them, from the way he was armed, and
judging by his cap. When the Tlamaths saw him fall, they

140 LIFE AND SERVICES OF JOHN C. FREMONT.
ran ; but we lay, every man with his rifle cocked, until daylight,
expecting another attack.
" ' In the morning we found by the tracks that from fifteen to
twenty of the Tlamaths had attacked us. They had killed three
of our men, and wounded one of the Delawares, who scalped
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 party then retraced its way into California, and two
days after this rencontre they met a large village 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 they
had been seen, it only remained to charge the village, which
they did, killing many, and putting the rest to flight. The
women and children, Carson says, we didn't interfere with ; but
they burnt 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
him down. 'I owe my life to them two,' says Carson — 'the
Colonel and Sacramento saved me.' Sacramento is a noble
Californian horse which Captain Sutter gave to Colonel.Fremont

THIRD EXPLORING EXPEDITION. 141
in 1844, and which has twice made the distance between Ken
tucky and his native valley, where he earned his name by swim
ming the river after whfch he is called, at the close of a long
day's journey. Notwithstanding all his hardships — for he has
travelled everywhere with his master — he is still the favorite
horse of Colonel Fremont." « -
We resume the extract from Benton's " Thirty Tears'
"View:" "It was in the midst of such dangers as these, that science
was pursued 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 grandeur of mountains, and to
paint the beauty of flowers ; 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 these, 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 from Washington,
suddenly changed all his plans, turned him back from Oregon,
and opened a new and splendid field of operations in California
itself. He arrivediin the valley of the Sacramento in the month
of Mav, 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.
These were — 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. Tho
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 tbe 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

142 LIFE AND SERVICES OF JOHN 0. FREMONT.
before, him, and implored him to place himself at their head an^
save them from destruction. General Castro was 'then in march—
upon them : the Indians were incited to attack their families,
and burn their wheat-fields, and were only waiting for the dry
season to apply the torch. Juntas were in session to trans
fer the country to Great Britain : the public domain was passing
away in large grants to British subjects : a British fleet was
expected on the coast; the British vice-consul, Forbes and the
emissary priest, Macnamara, 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 nothing to disturb their relations: he had even left
California to avoid giving offence ; 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. He 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
success. The American settlers rushed to his camp — brought
their arms, horses and ammunition — were formed into a battal
ion ; and obeyed with zeal and alacrity the orders they 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

THIRD EXPLORING EXPEDITION. 143
California, and snatched it out of the hands of the British at the
moment they were ready to clutch it. For two hundred years—
from the time of t£e navigator Drake, whb almost claimed it as
a discovery and placed the English name of New Albion upon
it — the eye of England has been upon California ; and the m ag-
nificent bay. of • San Francisco, the great 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-deferred wish for its
acquisition ; and carefully she took her measures accordingly.
She sent two squadrons to the Pacific as soon-as Texas was
incorporated — well seeing the actual war which was to grow
out of that event— a small one into the mouth of the Columbia,
an imposing one to Mazatlan, on the Mexican coast, to watch
the United States squadron there, and to anticipate its move
ments upon California. Commodore Sloat, commanding the
squadron at Mazatlan, saw that he was. watched, and pursued by
Admiral Seymour, who lay along side of him, and he determin
ed to deceive him. He stood out to sea, and was followed by 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 offering to salute the town, which the authorities
declined on the pretext 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 heard 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 tha
news of Fremont's successes on the 6th day of July v on the 7th

144 LDJE AND SERVICES OF JOHN C. FREMONT.
he took the town of Monterey, and sent a dispatch to Fremont.
The latter came to him in al! speed, at the head of his mounted
force. Going immediately on board the commodore's vessel, an
explanation 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. He remembered the fate of Captain Jones in
making the mistake of seizing the town once before in time of
peace. He 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 ; hia 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. His mission
was at an end. The prize had escaped him. He attempted
nothing further, and Fremont and Stockton rapidly pressed the
wnquestfpf California to its conclusion. The subsequent mili
tary 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 from
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
ievice of the bear being adopted on acftount 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

FREMONT'S PARDON OF DON PICO — "OVERCOME WITH EMOTION, HE FLUNG HIMSELF UPON TUK FLOOR BEFORB
COL. FREMONT, CLASPED HIS KNEES CONVULSIVELY, SWORE ETERNAL FIDELITY TO HIM AND HIS, AND BEGGED THB
PRIVILEGE OF FIGHTING AND DYING FOR HIM " — PAGE 145.

THIKJD JSJLPJLOBrNG EXPEDITION. 145
formidable and dangerous than when mortally wounded. The
Independents took the device of this bear for their flag, and
established the independence of California under it : and in join
ing the United States forces, hauled down this flag and hoisted
the flag of the United States. And the fate of California would
have been the same whether the United States squadrons had
arrived or not, and whether the Mexican war had happened or
not. California was in a revolutionary state, already divided
from Mexico politically, as it had always been geographically.
The 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
operation, 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 the 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 Eepublic was
equally sure in any and every event."
The following incident illustrates the conciliatory
policy 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.
One of the Picos, the brother of the governor of
California, had been dismissed by Fremont on parole,
7

146 LDTE AND SERVICES OF JOHN C. FEEMONi.
and was recaptured in the act of breaking it. He was
heading an insurrection which might have proved fatal
to the American army; and the American soldiers
clamored for his head. Pico was brought before Fre
mont, identified, tried by a court martial, and condemned
to death. Through the whole examination and the deli
very of the sentence, he remained cool and com
posed, and received his last sentence with true 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 &n
emergency could inspire, begged that the husband and
father might be spared. The stern officer who was him
self both a husband and a father, and whose thoughts
were suddenly hurried back over the wilderness, and
the mountain, to their distant homes in the East, was
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

THIBD EXPLORING EXPEDITION. . 147
borne misfortune and disgrace with firmness, but the
news of his pardon was too much for him. Overcome
with emotion, he flung himself upon the floor before
Colonel Fremont, clasped his knees convulsively, swore
eternal fidelity to him and his, and begged the privi
lege of fighting and dying for him. From that day
forth, Col. Fremont had no firmer friend than his for
mer inveterate antagonist, Pico.
The prudence, heroism, skill, and endurance dis
played 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.
mb. mabot's eepoet on feemont's explokations.
Wak Department, Dec. 5, 1846.
* * * * * * *
"In May, 1845, John 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
exploratious had been, of a scientific character, without any view
whatever to military operations. Not an officer nor soldier of
the United States army accompanied him ; and his whole force
consisted pf sixty-two men, employed by himself for security
against 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

148 LIFE AND SERVICES OF JOHN 0. 1'REMONT.
shorter-Toute from the western base of the Rocky Mountains, to
the mouth of the Columbia river. This search, for'a part of the
distance, would carry him through the unsettled, and afterward
through a corner of the settled parts of California. He
approached these settlements in the winter of 1845-6. Aware
of the critical state of affairs between the United States and
Mexico, and determined to give no cause of offence to the
authorities of -the province, with commendable prudence he
halted his command on the frontier, one hundred miles from
Monterey, and proceeded alone to that city to explain the object
of his coming to the commandant general, Castro, and to obtain
permission to go to the valley of the San Joaquim, where there, '
was game for. his men and grass for his horses, and no inhabi
tants to be molested by his presence. The leave was granted ;
but scarcely had he reached the desired spot for refreshment and
repose, before he received information from the American settle
ments, and by expresses from our Consul at Monterey, that
General Castro was preparing to attack him with a compara
tively large force of artillery, cavalry and infantry, upon the
pretext 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 overlooking Monterey, at a distance of about
thirty miles, entrenched 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
to compromit his government 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. Deeming all danger
from the Mexicans to be passed, he yielded to the wishes of some

CONQUEST OF CALIFORNIA. ' 149
of jhjs men who desired to remain in the country, discharged
them from his service, and refused to receiye. jpthers in their
stead, so cautious was he to avoid doing anything which would
compromit the American settlers or give even a color of offence
to the Mexican authorities. He pursued his march slowly and
leisurely, as the state of his men and horses required, until the
middle of May, and had reached the northern shore of the
greater Tlamath Lake, within the limits of the Oregon Territory,
when he found his further progress in that direction obstructed
by impassable snowy mountains and hostile Indians, who, having
been excited against him 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 same time information reached him
that General Castro, in addition to his Indian allies, was advanc
ing in person against him with artillery and cavalry, at the head
of four or five hundred men ; that they were passing around tbe
head of the Bay of San Francisco to a rendezvous on the north
side of it, and that the American settlers in the valley of the
Sacramento were comprehended in the scheme of destruction
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 have there be known, that this resolution was taken ; and,
by^the 5th of July, it was carried into effect by- a series of rapid
attacks, by a small body of adventurous men, under the conduct
of an intrepid leader, quick to perceive and able to direct the
proper measures for accomplishing such a daring enterprise.
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

150 LIFE" AND SERVICES OF JOHN C. FREMONT.
post of Sanoma 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, with 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 miles from the little
garrison at Sanoma ; and, at 2 o'clock on the morning of the
25th, he arrived at that 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 70 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, barely escaping with the loss of his transport boats and
nine pieces of brass artillery, spiked.
"The country north of the bay of San- Francisco being cleared
of the enemy, Colonel Fremont returned to Sanoma on the even
ing ofthe 4th of July, and on the morning of the 5th, .called the
people together, explained to them the condition of things in
tha 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 side 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 160 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

CONQtftST OF CALIFORNIA. 151
retreating south towards Ciudad de los 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 Monterey had been taken by our naval force, and the flag
of the United States there raised on the 7th of July; 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
12th 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 load to
Sonora,' announced this result to the people, together with the
actual flight and dispersion of the former authorities ; and at the
same time, he officially communicated 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 16 th of October, in laying these official communi-

152 LIFE AND SERVICES OF JOHN O. 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 troopa
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 President of the United States."
The extraordinary journey of Fremont, with ninety
riflemen, to succor the American garrison at Sanoma>
which the Secretary of War deems worthy of such
specific commendation, was altogether surpassed, a
few months later, when impelled by motives equally
humane and patriotic, he rode nine hundred and sixty
miles in seven days, through a rough and 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 Intelli
gencer in 1848, by one who became acquainted with
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 Jesus Pico, and his Servant, Jacob Dodson, from
Los Angeles to Monterey and Back in March, 1847.
"This extraordinary ride of 800 miles in eight days, including
all stoppages and near two days' detention — a whole day and

EXTRAORDINARY RIDE. 153
a night at Monterey, and nearly two half days at San Luis
Obispo — having been brought 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
herewith send you the particulars, that you may publish them
if you please, in the National Intelligencer as an incident con
nected with the times and affairs under review in the trial, of
which 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 the California 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 the 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 uninhabited, 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
7*

154 LIFE AND SERVICES OF JOHN C. FREMONT.
with Col. Fremont, had become as expert as a Mexican with the
lasso, as sure as the mountaineer with the rifle, equal to either
on horse or foot, and 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
ing 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
looso 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

EXTRAORDINARY RIDE. 155
sleep, became fatigued, and propdsed 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 horses, and the calls of the boy. The 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 tha 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 off. Sleep went off 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 diy-break, when the journey was resumed
Eighty miles, and th<* ifternoon brought the party to Monterey.
" The next day, r\ the afternoon, the party set out on their
return, and the two torses rode by Col. Fremont from San Luis
Obispo, being a presert to him from Don Jesus, he (Don Jesus)
desired to make an experiment of what one of them could do.
They were brothers, on ' a grass younger than the other, both of
the same color (cinnan? <i), and hence called el canalo, or los
canalos, (the cinnamon or the cinnamons.) The elder was
to be taken for the rrial; and the journey commenced
upon him at leaving M-wterey, the afternoon well advanced.
Thirty miles under the saddle done that evening, and the
party stopped t" the night. In the morning the elder

156 LIFE AND SERVICES OF JOHN C. FREMONT.
caiialo was again under the saddle for Col. Fremont, and for
ninety miles he carried him 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
caiialo 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 native pas
tures ; his younger brother all the time at the" head of the horses
under the saddle, bearing on his bit, and held in by his rider.
The whole eight horses made their 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 they 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

EXTRAORDINARY RIDE. 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 conduct and behavior are con
cerned, of course only applies to the trained and domesticated
horse.

158 LIFE AND SERVICES OF JOHN C. FREMONT.

CHAPTER VIH.
CONQUEST OF CALIFORNIA 'COMPLETED  JOINS COMMODORE
STOCKTON  DESCRIPTION OF HIS PARTY ON ITS ARRIVAL
AT MONTEREY  ORGANIZES THE CALIFORNIA BATTALION 
IS APPOINTED MAJOR  ORIGIN OF THE CONTROVERSY
BETWEEN COMMODORE STOCKTON AND BRIGADIER GENERAL
KEARNEY  COMMODORE STOCKTON'S REPORT OF THE CON
QUEST OF SOUTH CALIFORNIA  INSURRECTION OF THB
WAH-LAH-WAH-LAH INDIANS QUELLED  CAPITULATION OF
COUENGA  FREMONT GOVERNOR OF CALIFORNIA.
Ampler details of some of the events which preceded
the capitulation of Couenga so eloquently grouped by
Col. Benton, are necessary to a perfect appreciation 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, 1846. By the lst
of July he had scattered the combinations of Mexicans
and Indians that had been formed against him. On the
4th 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 ihafc the American flag had been

CONQUEST OF CALIFORNIA COMPLETED. 159
flying from the fort since the 7th. He immediately 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 their allegiance to Great Britain. Among
the officers 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 his party 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 spare, active-looking man, with such an eye ! .He
was dressed in a blouse and leggings, and wore a felt'
hat. After him came five Delaware Indians, who were
his body-guard, and have been with him through all his

160 LIFE AND SERVICES OF JOHN ti. FREMONT.
wanderings ; they had charge of two baggage horses.
Tlie rest, many of them blacker than the Indians, rode
two and two, the rifle held by one hand across the pom
mel of the saddle. Thirty-nine of them are his regular
men, the rest are loafers picked up lately; his original
men are principally backwoodsmen, from the State of
Tennessee and the banks of the upper waters of the
Missouri. He has one or two with him who enjoy a
high reputation in the 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 field-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 with 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 Mon
terey, which he had made nnder the impression that

CONQUEST OF CALIFORNIA COMPLETED. 161
Fremont's movements in the north had been conducted
under orders from Washington determined, after some
hesitation, to transfer the command of the fleet to Com
modore Stockton, and return to the United States.
The same day that Commodore Stockton took com
mand of the squadron, he requested' Col. Fremont to
organize, and take the command, with the rank of
major, of what soon became famous as the " California
battalion." The colonel complied with the commo
dore's request, waiving the rights which he might have
asserted as the conqueror and liberator ofthe country, and
at once entered cordially into the plans ofthe commodore
for the subjugation of South California, which was in a
state of insurrection. As the most unpleasant 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 originated,
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 events 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 Pacific fleet in July, 1846.
In perusing this dispatch, the reader is requested to
note those passages in which the commodore discusses
certain differences between himself and General Kear
ney, in regard to their respective powers — differences

162 LDJE AND SERVICES OF JOHN 0. FREMONT.
which resulted in Mr. Fremont's abandoning the army
as a profession, the following year. It should also be
borne in mind, that tEis dispatch is in some sort the
commodore's defence of himself, inasmuch as he was
necessarily implicated in the guilt of issuing any orders
which it was unlawful for another party to obey.*
REPORT OF COMMODORE STOCKTON OF HIS OPERATIONS ON THE
COAST OP THE PACIFIcf
" Washington, D. C, February 18, 1848.
" Sir : On my Return from California in November last, the
circumstances of the times seemed to present 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 here further to allude, it appeared to me decorous
and respectful, to withhold, for a brief period, my own views of
the questions 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 Stockton, the commodore, in explaining the testimon*
which he had given before the court, remarks: "For 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 other I
am responsible, if the acts were in themselves illegal or in the execution
of them, criminal."
f From Executive Document No. 1, accompanying the President's
message at the 2nd Session ofthe Thirtieth Congress, December, 1848.

CONQUEST OF CALIFORNIA COMPLETED. 163
from other quarters. The period, however, has now arrived in
which I feel that I can, without the imputation of improper
feelings or motives, lay before the Executive, in a tangible and
official form, a narrative of the occurrences which I directed in
California ; explain the circumstances wihch induced the course
which I pursued, the motives by which 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 exercised the power of governor of California and
commander-in-chief of the forces of the United States in that
quarter, and that, whether rightfully or wrongfully, I executed
the duties and administered the 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 occurred, 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

164 LIFE AND SERVICES OF JOHN 0. FREMONT.
the United States frigate Savannah, then lying off that town
and, in conformity with my orders, I reported myself to Com
modore Sloat as forming part of the Squadron then under his
command. From him I learned that in the preceding month of
June, while lying off Mazatlan, he had received intelligence that
war had commenced between the United States and Mexico;
that he had forthwith proceeded to Monterey, landed a force,
and hoisted the flag of the United States without resistance. In
the course of our interview, Commodore Sloat apprised me of
his intention to return in a short time to the United States,
whereby the command of the squadron would devolve upon me.
In this position it became 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
me to exercise a proper judgment as to the ulterior measures to
-be pursued. The result 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 Commodore Sloat in advance
of the Mexican authorities. When he made his first hostile demon
strations, therefore, tbe enemy, ignorant of the existence of the
war, had regarded his acts as an unwarrantable exercise of power
by the United States, and the most lively indignation and bitter
resentment pervaded the country.
"The public functionaries of the territory were not slow in
availing themselves of this feeling, 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 principally at the citizens of the United
States, and such others as sympathized with them. Two or
three were, in fact, murdered, and all were led to apprehend
extermination from the sanguinary feeling of resentment which
was everywhere breathed.
" The local legislature was in session. Governor Pio Pico had

CONQUEST OJ CALIFORNIA COMPLETED. 165
assembled a force of about seven hundred or one thousand men,
supplied with seven pieces of artillery, breathing vengeance
against the perpetrators of the insult and injury which they sup
posed to have been inflicted. These hostile demonstrations were
daily increasing, and 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 appearance. Every
citizen and friend of the United States throughout the territory
was in imminent jeopardy ; he" could count upon no security for
either property or life. It was welF known that numerous 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 consequently unprepared for attack, would have
been exposed to certain destruction.
" It was also ascertained that, in the anticipation of the event
ful conquest of the country by the United States, many of those
in the actual possession of authority were preparing for this
change by disposing of the public property, so that it might be
found in private hands when the Americans should acquire pos
session, believing that private rights would be protected and
individual property secure. Negotiations were in actual progress
'thus to acquire three thousand 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 shfluld
find the entire country appropriated to individuals, and in hands
which could effectually prevent sales to American citizens, and
thus check the tide of emigration, whi'.e little or no benefit
would result to the nation from the acquisition of this valuable
territorv. "All these considerations, together with others of inferior
moment, seemed to make prompt and decisive action an impera
tive duty. To retain possession merely of a few seaports, while
cut off from all intercourse with the interior, exposed to constant
attack bv the concentrated forces of an exasperated enemy,

166 LIFE AND SERVICES OF JOHN C. FREMON1.
appeared wholly useless. Tet to abandon ground which we
tad 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 sloop-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 operations.
"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«ild
volunteer to serve under my command so long as I should remain
in California and require their services, that I 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 that the battalion of California volunteers was
organized, which subsequently, under its gallant officers, took so
patriotic and efiBcient a part in the military operations in that
territory. It was re'ceived 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 CALIFORNIA COMPLETED. 167
" 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
360 men, furnished from the Congress, provided with about 90
muskets and bayonets, some small cannon procured from the
merchant-vessels, and the battalion of volunteers, all indifferently
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 Barbara, of which we
took possession, and, leaving a small force for its defence, pro
ceeded to San Pedro, where we arrived on the 6th of August-
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, however, 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 occupied. 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.
*******

168 LIFE AND SERVICES OF JOHN C. FREMONT.
Having completed all the arrangements which time and cir
cumstances permitted, and dispatched a courier to Major
Fremont, apprising him of my movements, we commenced our
march towards tbe camp of the enemy on the 11th of August.
In the- course of the afternoon of that day information reached
us that the enemy's force, instead of awaiting our approach, had
dispersed; that they had buried their guns, and that the
governor and general had retreated, as was supposed, towards
Sonora. We continued, our march towards Ciudad de los
Angeles, and on the 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 dispersement of the army of the enemy, the flight
of the general and governor-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 Governor 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 affairs
and to administer justice as in time of peace. Various con
siderations prompted to this course. It appeared to me that the
existence of such a government, 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 accom
plished. While merely the military power exercised power
enforcing its' authority by martial law, and executing its func
tions through the instrumentality of a regular military force
nothing could be regarded as settled, and opposition to its

M^wjt

CONQUEST OF CALIFORNIA COMPLETED. 169
power would be considered as a lawful opposition to a foreign
enemy. When, however, the 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 oi
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 wholly 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 entire 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, inflict 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 the 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 first 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 right and redress wrong, and, in the protection afforded to
persons and property, to recognize a guarantee of all their indi
vidual rights. The marked contrast which would thus b«
8

170 LIFE AND SERVICES OF JOHN C. FREMONT.
afforded to their former institutions and rulers would reconcile
the Mexican portion of the population to the change ; while the
American inhabitant would gratefully witness an administra
tion of law and justice analogous to that to which they had.
been accustomed at home. Actuated by such considerations, I
gave my immediate attention to the establishment, upon a per
manent basis, of a civil government throughout the country, aa
much in conformity with the former usages of the country as
could be done in the absence of any written code. A tariff of
duties was fixed, and collectors appointed. Elections were
directed to be held for the various civil magistrates ; Major
Fremont was appointed military commandant of the territory,
aud Captain Gillespie military commandant of the southern
department. The battalion of. volunteers was ordered to be
augmented to three hundred ; and, contemplating soon to leave
the territory, I determined on my departure to appoint Major
Fremont Governor of California. He was apprised of these
intended arrangements, and instructed to meet me at San Fran
cisco on the 25th of October, for the purpose of consummating
them. These acts and intentions were officially communicated
to the Department in my several dispatches,
"This exposition of my operations and acts will, I trust, prove
satisfactory to the Executive, and be a sufficient 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 were involved ; to stop short would have
led to their absolute sacrifice, accompanied by great individual
loss and suffering. 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 hesitate as to the line of duty. Empowered to conduct tha

CONQUEST OF CALIFORNIA COMPLETED. 171
war against Mexico according to the exigency of circumstances
and my own judgment, I determined to support the honor of my
flag and to promote what I regarded as the best interest of the
nation. Having achieved the conquest of the country, and
finding my military strength ample to retain it, the establish
ment of a civil government naturally and necessarily resulted.
The omission to do this would have marred the entire plan
and stamped a character of imbecility and instability upon 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 tho sanction
of duty. The arrangements having been thus completed, I
determined to leave California under the administration of the
civil authority, and with 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 secured
proper positions on the coast, to march into the interior, advance
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 5th
sailed for Santa Barbara. Having taken on board the small
detachment which had been landed at this place, we proceeded
to Monterey, where everything was found tranquil. The people
appeared to be quite satisfied with the state of affairs. Informa
tion was here received leading to the apprehension that Sutter's
settlement on the Sacramento was threatened with an attack by
a body of one thousand Wah-lah-wah -lah Indians. The Savannah
was immediately ordered to San Francisco ; Lieutenant Maddox,
of the marine corpse, appointed military commandant of the
middle department, and, oilier necessary arrangements having
been made, I proceeded in the Congress to San Francisco, which

172 LIFE AND SERVICES OF JOHN C. FREMONT.
place I reached in a few days. It soon appeared that the reports
in fegard to the Wah-lah-wah-lah Indians had been greatly exag
gerated. They were not so numerous as had been represented,
had they any hostile intentions.
We deem it proper to interrupt the commodore's nar
rative at this point, for the purpose of giving TJpham's
fuller and more authentic account of this Wah-lah-wah-
lah insurrection, in the quieting of which Col. Fre
mont displayed a degree of judgment and discretion
which Commodore Stockton does not seem to have
had the means of appreciating. Mr. Upham says : *
"At this time an additional panic arose from the
report of an Indian 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 riflemen towards the completion of his California
battalion, when the news reached him. He was quite
confident 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. He found them much less
numerous than had been represented, but assembled in
considerable force, and in a state of the greatest exas
peration. He 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. He told them that he»was going to the south,
* Upham's Life of Fremont, p. 242.

CONQUEST OF CALIFORNIA COMPLETED. 173
and could not attend to them until the spring, but that
he would then meet, them, at a place agreed upon, and
have justice done them. He advised them, in the mean
time, to go off on a winter hunt — said that he, would let
one of his own men go with them, to hold over them the
United States flag, and that whoever struck that flag
struck him. They were perfectly subdued by his talk, and
manner of treating them : at once gave up their plan of
attacking the whites ; and agreed to go off 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 until 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 undertake to grapple
with our Indian difficulties, and enforced upon the
administration of that department of our government."
The commodore continues :
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 de los
Angeles, and that he was besieged in the government-house at
that place by a large force. I immediately ordered Capt. Mer-
vine to proceed in the Savannah to San Pedro, for the purpose
of affording aid to Captain Gillespie. Major Fremont was at
Sacramento when the news of the insurrection reached him, and,
having formed the determination to march against the insurgents
with the force he could muster, amounting to about one hundred
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

174 LIFE AND SERVICES OF JOHN 0. KREMONT.
awaiting the arrival of Major Fremont I detached officers in
various directions for the purpose of procuring volunteers to join
the battalion, and engaged the merchant-ship Sterling to take
them down to Santa Barbara.
"About the 12th of October, Major Fremont arrived at San
Francisco, and immediately embarked on board the Sterling,
with about one hundred and sixty volunteers. He was directed
to proceed to Santa Barbara, there to procure horses to march
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.
The insurgents were represented to be encamped in the neigh
borhood of that city. The Congress and Sterling sailed in com
pany from San Francisco, but separated the same evening in a
fog. Between San Francisco and Monterey we spoke a mer
chant-vessel from the latter port, with dispatches from Lieutenant
Maddox, 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
23d of October, I found the Savannah frigate. Captain Mervine
informed me that Captain Gillespie, with the volunteers under
his command, was on board his vessel, having left Ciudad de los .'
Angeles, under a capitulation entered into with General Flores,
tbe 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 the insurgents' gun, but it was impossible to capture

CONQUEST OF CALIFORNIA OOMPLETED. "175
it, as, whenever he approached, they hitched their horses to it
and retreated. Having sustained a loss of several men killed
and wounded, he retired with his force and re-embarked.
" Proper arrangements having been made during the night, in
the morning we landed a strong force with several pieces of ar
tillery, once more hoisted the flag of the United States at San
Pedro, and formed our camp there. The insurgent force in the
vicinity 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 occupancy of the interior, and
watchful 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 horse and all the cattle
which might have been available either for food or trans
portation. " The roadstead at San Pedro was 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 the coast.
" This consideration decided me to proceed to San Diego, which,
although the entrance was obstructed by 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.
We did not, however, leave San Pedro until I had been
compelled to relinquish all expectation of the co-operation of
Major Fremont from whom I had not heard a word since we
parted off San Francisco, nor until the officers and men had
become completely exhausted by their incessant duties on shore,
in guarding the camp from attack and pursuing small parties of
the insurgents who approached us. Having embarked the men
belonging to the squadron, and volunteers under Captain Gilles
pie, I sailed for San Diego in the Congress.
" On my arrival off tlie harbor of San Diego, I received infor
mation from. Lieutenant Minor that the town was besieged by

176' LIFE AND SERVICES OF JOHN- C. FREMONT.
the insurgents, that his stock of provisions was small, and ti»t
he was in the want of an additional force. He gave it as his
opinion that the Congress might be got over the bar. In attempt
ing this, however, the ship struck, and her position was so dan
gerous that we were compelled to return to the anchorage out
side. " On the following day the Malek Adhel, a prize to the United
States ship Warren, arrived from Monterey with dispatches from
Lieutenant-Colonel Fremont. I thus received information from
that officer that on his way to Santa Barbara he met the
merchant-ship Vandalia, from San Pedro, by whom he was in
formed of the state of affairs at the South ; that it would be
impossible for him 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 Angeles.
" 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
Diego, for the purpose of procuring animals, which be was in
structed to have driven into San Diego. Without a supply of
horses 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 Diego.
" 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,
that 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 hundred and fifty men from
the ship, to take up the line of march for Ciudad de los Ano-eles

CONQUEST OF CALIFORNIA COMPLETED. 177
'.lieutenant Minor was directed to arrange with Lieutenant
Tilghman, the commanding officer of the artillery, and Mr.
Southwick, commanding officer of the engineers, to have the
horses necessary for the transportation of the guns and ammuni
tion. " Notwithstanding my first unsuccessful attempt to get into
the harbor of San Diego, it was an object of too great impor
tance to be abandoned, unless from the absolute impossibility of
effecting it. The bar and channel were again, on my returni
examiped and buoyed, and a second attempt made. After cross
ing the bar, the ship 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 of 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 was found to be most miserable
and deplorable. The male inhabitants had abandoned the town,
leaving their women and children dependent upon us for protec
tion and food. No horses could be obtained to assist in the
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 Captain Gibson,
8*

178 LIFE AND SERVICES OF JOHN C. FREMONT.
of the battalion, had succeeded in driving about ninety horses,
and two hundred head of beef-cattle into the garrisom
" The horses were, however, much worn down, and it was sup
posed a fortnight's rest would be required before they would be
fit for service. During the .time required for resting the horses,
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 Lieutenant-
Colonel '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 that a
body of them, about fifty strong, was encamped at San Ber
nardo, about thirty miles 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 surprising the insurgents in their camp. Another expedition,
under the command of Captain Hensley, 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 from 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 information of the fact, I repaired to Lieutenant Minor's
quarters, with my aid-de-camp, Lieutenant Gray, for the purpose
of examining one of these men. While engaged in this exami
nation, a messenger arrived with a letter from General Kearney,
of the United States army,, apprising me of his approach, and
expressing a wish lhat I would open a communication with him,
and inform him of the state of affairs in California.
" Captain Gillespie was immediately ordered to proceed to
General Kearney's camp, with the force which he had been
directed to have in readiness, carrying a letter which I wrote to

CONQUEST OF CALIFORNIA COMPLETED. 179
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
Captain 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 evening of December 6th, Mr. Stokes returned to San Diego,
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 which ensued, but to what extent
he was unable to say, as he had left the field before the battle
was concluded. He, 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 fight with a considerable body 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 purpose.
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 junction with him. Two days' provisions were ordred
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

180 LIFE AND SERVICES OF JOHN C. FREMONT.
advance had moved, an Indian came in from General Kearney.
From the information he gave, I judged that the necessity for
immediate assistance was much more urgent than had been pre
viously supposed. Anticipating great difficulty and delay from
the want of animals .to drag the artillery, should 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 consequently, that a portion of my command
would be sufficient for the purpose, I determined not to move in
person, but to send on, as rapidly as possible, an effective body
of men. About ten o'clock at night, Acting Lieutenant Beale,
of the Congress, arrived from General 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 Gray, my aid-de-camp, 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 Diego, accompanied by the general. On their arrival,
General Kearney, his officers and men, were received by all the
garrison in the kindest and most respectful manner. So far as
my observation extended, no civility or attention was omitted.
Having sent with Captain Gillespie every horse that was fit for
use to General Kearney, I was without one for my own accommo
dation. 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 my 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 his high standing
in the army, his long experience 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

CONQUEST OF CALIFORNIA COMPLETED. 181
to yield all personal feelings of ambition, and to place in his
hands the supreme authority. In accordance with this determi
nation, I tendered to General Kearney the position of comman
der-in-chief, and offered to accompany him as his aid.
" This proposition was on more than one occasion renewed,
aitd with all sincerity and singleness of purpose. The responsi
bility of moving from San Diego, and leaving the safety of the
ships, deprived of so large and efficient 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 the issue of a battle to
be fought on shore against an army organized to encounter us.
The nature of the service and the importance 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
offered as a sacrifice to a paramount sense of duty. The offers
thus made were, however, on every occasion distinctly and pos
itively declined by General Kearney, who, on his side, offered to
accompany me in the capacity of my aid, and tendered to afford
me the aid of his head 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 his 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 had adopted. In return, I exhibited some
of my own dispatches to the Department. Subsequently, and
before leaving San Diego, 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
territorv. His language, however, though perhaps sufficiently

182 LIFE AND SERVICES OF JOHN O. FREMONT.
explicit, was not very intelligible to me, as I was at a loss to
reconcile the assertion of such a claim of right with his repeated
refusal to accept the offer, which I had more than once made to
him, to devolve upon him the supreme command in the teni
tory. The subject, however, was discussed between us without
any interruption of that harmony which had commenced on oir
first interview.
"A few days before I expected to take up the line. of march, I
addressed a note to the general, expressing a wish that he
would accompany me. In his reply he repeated the language
which he had before employed — that he would so accompany
me, and afford me the aid of his head and hand. Accordingly,
on the morning of our departure he appeared upon the ground.
After the troops had been paraded, and were nearly .ready to
commence the march, as I was about to mount my horse, Gen
eral Kearney approached me and inquired who was to command
the troops, I replied, Lieutenant Rowan was to have the com
mand. On his expressing a wish that he should himself com
mand them, I replied, that he should have the command. The
different officers were at once convened, and informed that Gen
eral Kearney had volunteered to command the troops, arid tbat
1 had given him the appointment, reserving my own position as
commander-in-chief. This arrangement having been made, we
proceeded on the march.

" On the morning of the day we marched into Ciudad de los
Angeles, .General Kearney came to me with Mr. Southwick, who
was acting as engineer, to ascertain from me by what road I
intended to enter the city. He requested Mr. Southwick to
mark on the sand the position of the city, and the different roads
leading into it. I selected the plainest and broadest road lead
ing 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

CONQUEST OF CALIFORNIA COMPLETED. 183
of January 13, addressed to me by General Kearney, as Gov
ernor of California, commanding United States forces.
A few days after we had taken Ciudad de los Angeles, Lieut.
Colonel Fremont arrived with his part of the battalion.
" With the firm convictions which existed upon my mind as
to my rights and authority as commander-in-chief, and the obli
gations which all officers and men under my command were
under to obey implicitly all my orders, I should not only have
felt it to be my right, but a matter of imperative duty, to assert
and maintain my authority, if necessary, by a resort to force. I
continued this exercise of the power of commander-in-chief
without its having been denied or questioned by any person, as
far as I was informed, up to the 16th of January, when I received
a letter of that date from General Kearney, which is now on
file in the Department, in which he demands that I will cease
all further proceedings relating to the formation of a civil gov
ernment for the territory. In my reply of the same date to that
letter (which, I think, is also on file in the Department), I sus
pended General Kearney from his volunteer command under
me, when he again became Brigadier-General 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 receipt of a letter
from Lieutenant-Colonel Cook, informing me that he had
received information that a French schooner had been landing
some guns on the Southern coast, and that General Bustamente,
with 1,500 Mexicans, was approaching the territory. I wrote to
Lieutenant-Colonel Cook that I would go in search of them as
soon as possible. I went down the coast 120 miles, landed and
mounted some of my men, and went in pursuit. It turned out
to be a false alarm. After performing this last service in Cali
fornia, I returned, via San Diego and Monterey, to San Fran
cisco, where I gave up the command of the frigate Congress,

184 LIFE AND SERVICES OF JOHN 0. FREMONT.
and returned to the United States by way of the Rocky Moun
tains. " The California battalion (Fremont's) was organized under
my own personal direction and authority, under a special condi
tion that it should act under my orders as long as I might
remain in California and require its services. It was paid by
my orders, as long as I had anything to pay with. The officers
derived their appointments exclusively from me. It.was never,
in any form or manner, mustered into the service of the United
States as a part of the army or connected with it. It was exclu
sively and essentially a navy organization. The battalion was
entirely composed of volunteers, orgapized under my authority^
but with their own free consent, according to the terms of a dis
tinct and specific agreement to obey my orders and to serve
while 1 should require their services. These men were not of
that kind oi personnel which sometimes composes regular armies :
they were principally free American citizens who had 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 ten 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
when 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 when General Kearney arrived
in California, and when he joined me in San Diego. He
brought with him a very inconsiderable force, wholly insuffi
cient of itself to accomplish the important objects of tranquilizinw
the province and subjecting it to the authority of the Union, by
the suppression of the insurrection which had been organized for
the purpose of recovering the positions we occupied, overthrowing
the government we had organized, and expelling us from the

CONQUEST OF CALIFORNIA COMPLETED. 185
country, if, indeed, it had proved itself able to defend itself
without our aid. *****
"The battalion was never placed under the command of
General Kearney by me, and was not subjected to his orders.
It still remained in immediate subordination to me and to my
authority. Up to the period last mentioned, — viz. : the date of
our occupation of Ciudad de los Angeles, the only authority
which General Kearney. had exercised, while he accompanied
me, was simply that authority which he had asked me to give
him, and which he had voluntarily accepted at my hands.
"No one has ever pretended — I certainly never claimed —
that I possessed any right or authority to command General
Kearney as such. All the power which I ever claimed or
exercised over him was derived from his 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 tbe position he held,
neither had I 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 him as he confessedly was of me. If the force
which I had brought ashore from the squadron constituted a
portion of the navy — if the California battalion, which I had
raised and organized, was ever rightfully subject to my orders—
both were as independent of General Kearney, or any other
officer of the army, as I myself was.
" Nor have I ever questioned, much less denied, the authority
of General Kearney to assume command over and give his orders to
Lieutenant-Colonel Fremont. He might, at any time, without
my controverting his power, have directed Lieutenant-Colonel

186 LIFE AND SERVICES OF JOHN C. FREMONT.
Fremont to leave my command, to terminate his connection
with me as a volunteer under my command, and to report to
him for orders. With any such exercise of authority I should
never have interfered ; whether rightfully or wrongfully exercised
was not for me to judge. That was a matter dependent upon
the relative rights and duties of the parties themselves, as fixed
by the military law, and to be decided by military authority.
I did, however, and do still, deny that General Kearney, while
occupying the position of volunteer under my command, had
any authority whatever, as brigadier-general, over any portion
of the forces serving under me. I deny that after the character
of volunteer was laid down, and that of brigadier-general
resumed, he had, as such, any authority, 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 me and
by me placed under the command of that officer. And, finally,
I deny that General 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. Stockton.
" 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 with sufficient minute
ness in the following extract from Mr. Upham's
memoir :
" On the 27th of December, the battalion entered
without resistance the town of Santa Barbara, where it
remained recruiting until the 3d of January, 1847. On

CONQUEST OF CALIFORNIA COMPLETED. 187
the 11th of January, while pursuing their march, they
were met by two Californians, riding in great haste,
bareheaded, who informed them that the American
forces, under Commodore Stockton, had retaken Los
Angeles, after a victorious 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
take up arms again during the war between the United
States and Mexico, and assist and aid in keeping the
country in a state of peace and tranquillity. Any Cali
fornian or citizen of Mexico, who might desire to do so,
was permitted to leave the country, and none be
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, Comman
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 Indian 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 the final
conquest of California could not have been accomplished

188 LIFE AND SERVICES OF JOHN 0. FREMONT.
* «
by any force then on the Pacific coast, without the aid
ofthe California battalion; and that, had it not been
consummated by the Treaty of Couenga, a 'bloody,
vexatious, and predatory warfare,' would surely have
been protracted for an indefinite length of time. The
whole western slope of the Sierra Nevada would have
afforded safe retreats, inaccessible to naval and even
regular military forces, from which ravaging parties
would have rushed down upon the plains, and where
insurrectionary movements would have been fomented
perpetually. Fremont terrified the Californians and
the Indians by the celerity and boldness of his 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, 14th, 1847, he says :
"This morning, Lieutenant-Colonel Fremont, of the regiment
of mounted riflemen, reached here with four hundred volunteers
from the Sacramento ; the enemy capitulated with him 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.''

STOCKTON AND KEARNEY. 189

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  HIS REPLY  GENERAL KEARNEY CLAIMS THE
COMMAND OF THE CALIFORNIAN ARMY — COMMODORE
STOCKTON REFUSES TO YIELD TT  THEIR CORRESPON
DENCE  NEW INSTRUCTIONS FROM WASHINGTON  KEARNEY
TAKES THE COMMAND  FREMONT IS ORDERED HOME—
HOSTD^B CORRESPONDENCE WITH COL. MASON  ARRESTED
AT FORT LEAVENWORTH  INVITED TO A PUBLIC DINNER
AT ST. LOUIS  LETTER DECLINING THE INVITATION 
ARRIVES AT WASHINGTON.
The differences between General Kearney and Commo-
iore Stockton, alluded to in the foregoing dispatch, origin
ated primarily in the indefiniteness of the* instructions
which were issued from the seat of government. Those
addressed to the naval commanders on the Pacific, in their
judgment justified the organization of a military force and
a civil government in California, and under those instruc
tions Commodore Stockton authorized 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-

190 LIFE AND SERVICES QF JOHN 0. FREMONT.
ment for California and invested Fremont with the title
and responsibilities of Governor.
As soon as these results were consummated, Kit
Carson was sent with an escort of fifteen men to bear
the intelligence overland to Washington, as soon as
possible. Just as he had crossed the desert and was
approaching the American frontier, he was met by
General Kearney with a small force of dragoons march
ing westward, under instructions from his government
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
ington by another messenger of his own selection.
Upon the general's arrival at Los Angeles, the capital
of California, and the seat of the new government,
the contest soon rose between himself and Commodore
Stockton, which is referred to in the commodore's dis
patch. The process by which Colonel Fremont became
involved in this controversy is obvious. He held a
commission in the army as lieutenant of topographical
engineers, and as such was primarily subject to the
orders of his superior general officer of the army. He
had since yielded to the exigencies of the occasion, and
from motives and for reasons which cannot be impeach
ed, waived any privileges he might have claimed, as the
real conqueror of North California, and in point of rank,
the superior representative of the army on the Pacific
coast, and with his men, volunteered to serve under
Commodore Stockton in the farther prosecution of the
war in South California, the subjugation of which could

STOCKTON AND KEARNEY. 191
not be so successfully effected without the aid of a fleet.
By accepting the governorship of California, a vacancy
had been created in the command of the California
battalion and other changes had become necessary.
The first intimation which Colonel Fremont received of
General Kearney's intention to test the validity of Com
modore Stockton's acts through him, was conveyed in
the following note. " Headquarters, Army op the West, j
"Ciotad de los Asoeles, January 16V1S47. $
" By direction of Brigadier General Kearney, I send you a
copy of a communication to him from the Secretary of War,
dated June 18, 1846, in which is the following, 'These troops
and such as may be organized in California will be under your
command.' The general directs that no change will be made in
the organization of your battalion of volunteers or officers
appointed in it, without his sanction or approval being first
obtained.
"Wm.F. Emory.
" Lieutenant and Acting Assistant Adjutant General''
This note at once raised the question whether he was to
obey General Kearney, and thereby, so far as his example
could go, invalidate the acts of Commodore Stockton, in
which he had co-operated, or obey Commodore Stockton,
and so far as his decision would go, sustain the
validity of those proceedings which he believed to
be both legal and patriotic. If he took the former
course he incurred the liability to be arraigned and, in
his judgment, justly disgraced for disobeying an officer
whose rank and authority he had deliberately recogniz
ed ; and he further incurred the charge of base ingrati
tude towards an officer whose courtesy and confidence

192 LIFE AND SERVICES OF JOHN C. FREMONT.
he had shared, whose conduct he had approved, and
who unexpectedly found himself in a situation to need
the support of his friends. Fremont was incapable of
deserting either a friend or what he deemed his post of
duty; he accordingly addressed to General Kearney
the following reply on the following day :
COL. FREMONT TO GENERAL KEARNEY.
" Ciudad de los Augeles, Jan. IT, 1847.
" Sir : I have the honor to be in receipt of your favo'r of last
night, in which I am directed to suspend the execution of orders
which, in my capacity of military commandant of this territory,
I had received from Commodore Stockton, governor and 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 .
days ince, Commodore Stockton still exercising the functions
of civil and military governor, with the same appparent deference
tr- his rank on the part of all officers (including yourself), as he
maintained and required when he assumed them in July last.
" I learned, also, in conversation with you, that on the march
from San Diego, recently, to this place, you entered upon, and
discharged duties implying an acknowledgment on your part,
of supremacy to Commodore Stockton.
" I eel, therefore, with great deference to your professional
and personal character, constrained to say that, until you and
Commodore Stockton adjust between yourselves, the question of

STOCKTON AND KEARNEY. 193
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 am, sir, your obedi
ent servant,
"J. C. Fremont,
" Lieutenant- Colonel, U. S. Army, and Military
" Commandant of the Territory of California"
''Brigadier-General S. W. Kearney,
" U. S. Army."
The same day that General Kearney addressed the
note above quoted, to Mr. Fremont, a yet more serious
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 : 4.
"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 pro
perly refused to violate his agreement with Stockton, and unite
with Kearney against him.
" Having failed to compel Fremont to acknowledge his autho
rity, the general addressed himself to the commodore and
demanded that he should abdicate the command-in-chief.

194 LIFE AND SERVICES OF JOHN C. FREMONT.
"The commodore considering the subjugation of California
complete, and that no further hostilities were likely to take
place, was of opinion that he might now relinquish his governor
ship, and command-in-chief, and return to his ships. But, hav
ing informed the government that upon that event he intended
to appoint Colonel Fremont governor, he now proceeded to
carry that design into execution.
"General Kearney, learning this to be the purpose of tie
commodore, and desirous of exercising the functions of governor
himself, addressed to him the following letter, which, 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 COMMODORE STOCKTON.
" Headquarters, Arm? op the West, )
"Ciudad de los Angeles, January 16, 1847. f
" Sir : I am informed that you are now engaged in organ
izing a civil government, and appointing officers for it m 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 which I gave to you on the 12 th, and which you
returned to me on the 13th, and copies of which I furnished
you with on the 26th December, I have to ask if you have
any authority from the President, from the Secretary of tbe
Navy, or from any other channel of the President, to form such
government andmake such appointments.
" If you have such authority, and will show it to me or
furnish me with a certified copy of it, I will cheerfully ac
quiesce in what you are doing. If you have not such autho
rity, I then demand Jbat you cease all further proceedings
relating to the formation of a -iivil government for this terri-

STOCKTON AND KEARNEY. 195
torv, as I cannot recognize in you any right in assuming to
perform duties confided to me by the President.
" Very respectfully your obedient servant,
" S. W. Kearney,
" Brigadier-General, United States Army
"Commodore E. F. Stockton, Acting Governor of California."
COMMODORE STOCKTON TO GENERAL KEARNEY.
" Headquarters, Ciudad de los Angeles, Jan. 10, 1647.
" Sir : In answer to your note received this afterr.oon, 1
need say but little more than that which I communicated to y*>u
in a conversation at San Diego — 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 faithfully exe
cuted, were transmitted to the President of the United States
before you arrived in the territory.
" I will only add, that I cannot do anything nor desist from
doing anything on your demand, which 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,
" E. F. Stockton,
" Commander-in-chief.
" To Brevet Brigadier-General S. W. Kearney."
GENERAL KEARNEY TO COMMODORE STOCKTON.
" Headquarters, Armt of the West, l
Ciudad de los Aaqbles, Jan. 17, 1847. J
"Sir: In my communication to you of yesterday's date 1
stated that I had learned that you were engaged in organizing

196 LIFE AND SERVICES OF JOHN 0. FREMONT.
a civil government for California. I referred you to the Presi
dent's instructions to me (the 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
9 th 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, be
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 and 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 respectfully, your obedient servant,
"S. W. Kearney,
" Brigadier- General, United States Army.
* Commodore E. F. Stockton, Acting Governor of California."

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 KEARNEY. 197
the time of the collision which reveals in all the con
fidence of personal friendship, the innermost secrets of
his heart. In that letter, he says :
* * * "When I entered Los Angeles I was igno
rant ofthe relations subsisting between these gentlemen, having
received from neither any order or information which might
serve as a guide in the circumstances. I therefore, immediately
on my arrival, waited upon the governor and commander-in-
chief, Commodore Stockton ; and, a few minutes afterwards,
called upon General Kearney. I soon found them occupying 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 held
in his hand plenary instructions from the President directing
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 instruction 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 civil 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. More men were lost
than in General Taylor's battle of the 8th. In regard to the
remaining part of his instructions, how could he organize a gov
ernment without first proceeding to disorganize the present one ?

If LIFE AND SERVICES OF JOHN 0. FREMONT.
Hi t work had been anticipated; his commission was absolutely
voi 1, null, and of no effect.
''But if General Kearney believed that his instructions gave
hir, paramount authority in the country, he made a fatal error
on his arrival. He was received with kindness and distinc
tion by the-commodore, and offered by him the command of his
land forces. General Kearney rejected the offer and declined
interfering with Commodore Stockton. This officer was then
preparing for a march to Ciudad de los Angeles, his force being
.principally sailors and marines, who were all on foot (fortunately
for them), and who were to be provided with supplies on their
march through an enemy's country where all the people are
cavalry. His force was paraded, and ready -to start, TOO in
number, supported by six pieces of artillery. The command,
under General Stoekton, had been conferred upon his first lieu
tenant, Mr. Eowan. At this juncture General Kearney expressed
to Commodore Stockton his expectation that the command
would have been given to him. The commodore informed the
general that Lieutenant Eowan was in his usual line of duty, as
on board ship, relieving him of the detail and drudgery of the
ca np, while he himself remained the commander-in-chief; that
if General Kearney was willing to accept Mr. Eowan's place,
under these circumstances, he could have it. The general
assented. Commodore Stockton called up his officers and
explained the case. Mr. Eowan 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 that moment, recognize Commodore Stock
ton as governor of the territory.
" You are aware tbat I had contracted relations with Commo
dore Stockton, and I thought 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."

STOCKTON AND KEARNEY. 19*
Early in the spring, new instructions, bearing date
Nov. 5th, reached Commodore Stockton, which put an
end to the latter's supremacy in that quarter. In his
dispatch, the Secretary of the Navy says :
"The President has deemed it best for the public interests, to
invest the military officer commanding, with the direction of^the
operations on land, and with the administrative functions of the
government over the people and territory occupied by us. You
will relinquish 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 tho
performance of his duties."
Instructions 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-GENERAL KEARNEY.
" War Department, June, 11, 184T
* * # * * $ * * *
"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 very
valuable in that country, and doubtless will continue to be so
should be 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 defi-

200 LIFE AND SERVICES OF JOHN 0. FREMONT.
nite instructions were received, all questions of difficulty were set
tled, and all feelings which had been elicited by the agitation of
Ihem had subsided.
" Should Lieut. Col. Fremont, who has the option to return or
remain, adopt the latter alternative, the President does not
doubt you will employ him 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, which 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 communicated to Colonel Fremont,
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
was at Col. Fremont's option whether he would remain
in California or not, an option, however, wliich 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.
" Headquarters, Iuth Military Department, )
Mosteret, U. 0., Marah 1, 1847. J
" Sir : By Department orders, No. 2, of this date (which will
be handed to you by Captain Turner, lst Dragoons, 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
possible, all the archives and public documents and papers which
may be subject to your control, and which appertain to the gov
ernment 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. C. Fremont, Eegt: of Mtd. Eiftemen, $£ ¦'
Com'g. Bat. of California Vols.,
Ciudad de los Angeles."
About a month later, he received the following ordei
from Gen. Kearney : "Headquarters, 10th Military Department, 1
Monterey, California, March 28. j*
" Sir : This will be handed to you by Col. Mason, lst Dra
goons, who goes to the southern district, clothed by me with fui?
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 considered 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 permission
to join his regiment under General Taylor's command,
supposed to be on its way to Vera Cruz. This request
9*

202 LIFE AND SERVICES OF JOHN 0. FREMONT.
was refused without explanation or apology, and on the
14th of June Col. Fremont addressed General Kearney
as follows :
FROM 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 this
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 President 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 I 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 affairs 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
oe 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 Riflemen.
"Brigadier-General S. W. Kearney, Commanding, &c."

CONTROVERSY WITH KEARNEY. 208
To this request Col. Fremont received the following
reply : GENERAL KEARNEY TO COL. FREMONT.
" Camp near New Helvetia, California, Jtmt 14, 1S47.
" 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, cannot be granted.
" I 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,
" 8. W. Kearney.
"Brigadier- General.
"Lieut. Co!. Fremont, Eegiment Mounted Eiflemen,
"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 very expert — a

204: LIFE AND SERVICES OF JOHN 0. FREMONT.
double-barrelled shot-gun, which Fremont knew nothing
about — to shoot him. If such was his purpose, he accom
plished it, so far as provoking the challenge, and having
the choice of his favorite weapon.* He was in the
habit of sending for Fremont several times a day, to
come to his quarters, which were at the house of an
unfriendly resident at los Angeles, to be questioned in
the presence of other officers with whom he had no social
relations, and who, it is alleged, were in attendance for
the purpose of being used as witnesses. One day he
directed Fremont to bring to him the one hundred and
twenty horses which he had sent to grass in the country,
to recruit for a march into Mexico, which he at that
time contemplated, to join General Taylor, little 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 unusual and unofficer-lika
a weapon for the settlement of an affair of honor.
"The drawing herewith sent is a sketch of a scene, in which Captain
E. 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 few 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 Eock broke forth in full cry. His deep-mouthed
tones were barely heard before two fine does bounced in front of Mr.
Henderson, but two far off 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 with the left, as represented in the drawing — fired both
barrels in quick succession, bringing down dead in their tracks, one with
each barrel; It was the work of an instant, and the effect was like
magic. It may not be amiss to state that Captain Mason always shoots
when mounted, as represented in the plate ;" and I have seen him kill
grouse on the wing and knock down deer on the jump; in that manner
and sometimes when his horse was nearly at his speed."

THE MASON DUEL.' 205
him sent home in disgrace. The order to produce
the horses was esteemed an insulting one, under the
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 horses. Fre
mont resented what he esteemed the brutality of
Mason's course and manner, to which Mason replied,
" None of your insolence, or I will put you iu irons."
The sequel justified Fremont's suspicions that the order
to bring up the horses was a mere pretext for insulting
him ; 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. He did
so 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. He
at once asked Mason if he held himself person
ally accountable for what he said. Mason replied
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 offensive words, and ano
ther based upon his probable refusal to make a retrac
tion, conveying a challenge, and dispatched both by his
friend Major P. B. Reading. These notes and Colonel
Mason's reply to the first, ran as follows;
FREMONT TO MASON.
" Ciudad de los Angeles, April 14, 1 847.
"Sir: I have the honor to request through my friend,
Major P. B. Reading, who will hand you this note, that you

20 « LIFE AND SERVICES OF JOHN C. FREMONT.
apok^jze for the injurious language applied to me thia
day. .
" Very respectfully, your obedient servant,
"J. C. Fremont,
"" Lieut. CoL Mounted Riflemen.
"Col. E. E. Mason,
" Col. Dragoons, Ciudad de los Angeles."
MASON TO FREMONT. "Akoeles, AprU 14, 184T.
"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, via. : ' I thought you intended to be so. You best
knew whether you did or did not.' Your not disavowing it, left
me to infer th ,t I was not mistaken ; with that impression upon
my mind, I ca«i say nothing more until it be removed.
"I am, respectfully, your obedient servant,
"R. B. Mason.
" Lieut. Col. J. 3. Fremont,
" Mo-anted Eiflemen." FREMONT TO MASON.
" Ciudad de los Angeles, April 14, 1847.
"Sir: An ajology having been declined, Major Eeading will
arrange the preliminaries for a meeting, requiring personal satis-
/action. " Very respectfully, your obedient servant,
"J. C. Fremont.
" Lieut. Col. Mounted Riflemen.
" Col. E. B. Mason,
" First Dragoons, Ciudad de los Angeles."
No further answer was received from Mason that

THE MASON DUEL. 207
bfening; but relying on the verbal acceptance and
designation of weapons, loading and time, Col. Fremont's
friends proceeded to hunt up a double barrelled gun.
Col. Fremont had no such weapon, and had never used
such a one. But he was ready by daybreak, with the
requisite gun and shot, but nothing was heard farther of
Mason until towards noon, when Capt'. Smith of the
dragoons, arrived with the following note :

mason to fremont. "Angeles, April 15, 1S47.
" Sir : With a view to the adjustment of my private affairs,
it is necessary that I return to Monterey, before I afford 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,
"E. B. Mason.
"Lieut. CoL, Fremont,
" Mounted Eiflemen."
To which Fremont replied :
" Ciudad de los Angeles, April 15, 1847.
" Sir : I am in receipt of your letter of this date, and in
reply have the honor to state that I will hold 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. Fremont,
" Lieut. Col. Mounted Riflemen.
"Col. R. B. Mason,
" First Dragoons, Ciudad de los Angeles."

208 LIFE AND SERVICES OF JOHN C. FREMONT.
The duel was thereby adjourned to Monterey ; but no
note was received from Mason fixing a time.
A day or two after these notes passed, Col. Mason went
to Monterey. After his arrival there, Gen. Kearney
came down to Los Angeles, and had a conversation with
Col. Fremont on the subject of the duel, saying he for
bade 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. Fre
mont, 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 Col. Mason's quarters, was
invited to sit down but did not, saying that he came to
let Col. Mason see that he was in Monterey, and thea
walked away.
Soon after quitting Col. Mason's quarters an order
from Gen. Kearney was delivered to Col. Fremont by
the adjutant general in these words :
" Headquarters, Ten Mile Depot, )
" Monterey, Cal., May 4; 1847. f
"Sir : It has 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 lst 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 the 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.

THE MASON DUEL. 209
" A simil ar communication has been addressed to Colonel Mason.
" Very respectfully, "Your obedient servant,
" S. W. Kearney, Brigadier General,
u Lieutenant-Colonel Fremont,
" Regiment Mounted Eifles, Monterey."
" N.B. — A letter to same purport, and of same date, addressed
to Col. Mason."
Soon after the receipt of the foregoing, came the
following letter from Mason himself to Fremont.
Monterey, 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, " Your obedient servant, 11 E. 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 :

210 LIFE AND SERVICES OF JOHN C. FREMONT.
tr. S. SHIP COLUMBUS. I
. Monterey, May Uh, 1847. J
"Mt dear Colonel: A party of Californian volunteers,
recently under Lieut. Col. Fremont, have just arrived on their
way to the north. They state publicly that at Puebla a challenge
had passed between 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 character,
this statement has given me great pain. You cannot but be sen
sible that, in the present condition of things in California, per-
Eonal 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 suppress 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
improper, but there, in the present distracted state of affairs, it
could have no other result than to injure the public, and to
injure your military reputation. " I remain, very truly,
" Your 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. 211
sent to a further, and indefinite 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. E. B. Mason, Monterey." MASON TO FREMONT.
Monterey, Cal., May 24, 1847.
" Sir : I have the honor to acknowledge the receipt of your
.better of the 22d instant. I shall certainly promptly inform you
when the peculiar official obligations, under which I find myself
placed in this country, are so far remoyed as to enable me to
rueet you. " I am, respectfully, Your obedient servant,
"E. B. Mason.
" Lieutenant-Colonel J. C. Fremont, TJ. S. A."
The following letter from Major Beading 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.
" Monterey, Cal., May 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 me, in order that there might be as little
delay as possible, he would inform me (though informally) that

212 LIFE AND SERVICES OF JOHN C FREMONT.
he would select double-barrelled shot-guns as the weapons to be
used on the occasion. I replied to him at once that I should
lose no time in obtaining such a weapon for Colonel Fremont —
that in the morning I should have him provided with a good
gun. When I delivered the challenge to Colonel Mason, it was
about eight o'clock in the evening, though you received this
written acceptance, through his friend Captain Smith, near noon
the following day, in which he proposed that the meeting should
take place at Monterey, distant from the Puebla de los Angeles
about four miles. This gave us considerable surprise, as wo
expected and were fully prepared to have taken the field that
day — forming our opinions from the character of his conversa
tion to me the preceding evening.
" Since that period, your correspondence with Colonel Mason»
contains the history of this affair.
" T am, most respectfully, your very obedient servant,
" E. B. Eeading.
" Lieutenant-Colonel J. C. Fremont, U. S. A."
It was the opinion of Col. Benton, and he 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 the 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 dr.el. Kearney's conduct in adjourning and licensing
the duel — for in his order he did both — was particularly
exceptionable, for by the 26th 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
oflicer, non-commissioned officer, or soldier, under his
command, or has reason to believe the same to be the
case, immediately to arrest and bring to trial such
offenders." Nothing further was heard from Mr. Mason for over
three years. Soon after the events just recited, Col.
Fremont was sent home by Gen. Kearney under arrest.
In the 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 tlie west, for
the United States. In 1850 Fremont went to Washington
as United States senator. Just at the close of the ses:
sjou, 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
that if he would come out to St. Louis (where Mason
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. He sailed in a few days for California,
whither the intelligence not long after followed, of Col.
Mason's death.
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 14th
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 follows :

214 LIFE AND SERVICES OF JOHN 0. FREMONT.
" Foot Leavenworth, August 22<I, 1847.
"Lieutenant Col. Fremont, of the regiment of mounted rifle
men, will turn over to the officers of the different departments
at this post, the horses, mules, and other public property in the
use of the topographical party now under his charge, for which
receipts will be given. He will arrange the accounts of these
men (nineteen in number) so that" they can be paid at the
earliest possible date. Lieutenant Colonel Fremont having
performed the above duty will consider himself under arrest,
and will then repair to Washington City and report himself to
the Adjutant General of the Army." * * *
Thus, like Columbus, Col. Fremont returned from the
discovery and conquest of a New World beyond the
Eocky Mountains, a prisoner and in disgrace. Like
Columbus his achievements and rapid promotion, had
awakened the jealousy of certain sordid hearts and nar
row minds, and like Columbus, instead of being permitted
to continue his researches in the vast region which he had
first 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 16th of September. His
journey led him through St. Louis, the first city that he
entered upon his return to his native country after a
most eventful absence of nearly two years. The history
of his brilliant achievements had preceded him, and tho
reception which he met with, compensated him to some
extent for the indignities to which he had been sub
jected in his tedious journey over the plains from
California. He was immediately addressed by a large-
number of the most respectable citizens of St. Louis,

RECEPTION AT ST. LOUIS. 215
who, after congratulating him upon his safe arrival and
recapitulating his claims to public admiration, tendered
him an invitation to a public dinner, as a token of their
esteem and regard. He was touched by this most
seasonable evidence of undiminished confidence, and
immediately addressed them the following reply :
LETTER. FROM COL. FREMONT TO THE CITIZENS OF ST. LOUIS.
" St. Louis, August 20th, 1847.
" Gentlemen : I had the pleasure this morning to receive
your letter of this date, in which; with many kind assurances of
welcome and congratulations on my return, you honor with the
strong expression of your approbation, my geographical labors
during the recent explorations in Oregon and North California,
and the military operations in which sudden emergencies
involved me in California.
" I beg you to receive my earnest acknowledgments for the
very favorable notice you have bestowed upon the published
results of those expeditions, and I regret that events which inter
rupted, and more recent circumstances which abruptly termi
nated the last exploration, will permit me to give only a brief
and imperfect account of California, and of the intervening
basin, which 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 hope of gaining your
good opinion, has received, in the rapid progress 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 perusal of your letter, was derived 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 the birth
of a great nation, but to which we now consider it our great

216 LIFE AND SERVICES OF JOHN 0. FREMONT.
good fortune to have aided in securing the blessings of peace
with civil and religious liberty.
"Placed in a critical and delicate position, where imminent
danger urged immediate action, and where the principal diffi
culty lay in knowing full well what must be done ; where in a
struggle barely for the right to live, every effort to secure our
safety involved unusual and grave responsibilities, I could only
hope from your forbearance a suspension of judgment until, with
full possession of facts, you would be able to determine under-
standingly. " I had the gratification, on my arrival, to find that neither
remoteness of situation, nor the more immediately important
and interesting events at home, had diverted your attention from
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 meeting you at the dinner you have done me the
honor to offer me, but I 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. Fremont."

/RIAL BV A COURT MARTIAL. 217

CHAPTEE X.
Fremont arrives at Washington — demands a court mar
tial,  LLLNESS AND DEATH OF HIS MOTHER  OOURT MAR
TIAL ORDERED  ITS ORGANIZATION AND PROGRESS  FRE
MONT' S DEFENCE  VERDICT OF THE COURT — SENTENCE
REMITTED BV THE PRESIDENT  RESIGNS HIS COMMISSION
AND RETIRES FROM THE ARMY.
The fame of Col. Fremont's arrest preceded him
across the Alleghanies, and some days before his 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 qualified by one
of the severest trials he had yet known. He 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, in rela
tion to his position in the service :
LETTER FROM COL. FREMONT TO THE ADJUTANT GENERAL.
0 Street, Washington, Sept. nth, 1847.
To the Adjutant General :
" Sir : According to the orders of Brigadier General Kearney,
10

218 LIFE AND SERVICES OF JOHN 0. FREMONT.
I have the honor to report myself to you in person, in a state of
arrest, and to make the following requests :
"1. A copy of the charges filed against me by the said
general. " 2. A copy of the orders under which the said general
brought back from California to the United States myself and
the topographical party of which I had the command.
" 3. A copy ofthe communications from Senator Benton, ask
ing for my arrest and trial on the charges made in the newspapers
against me, and which application from him I adopt and make
my own.
" 4. That charges and specifications, in addition to those filed
by General Kearney, be made out in form against me, on all
the newspaper publications which have come or shall come to
the office, oral or written.
" 5. That I may have a trial as soon as the witnesses now in
the United Slates can be got to Washington ; for, although the
testimony of the voice of California, through some of its most
respectable inhabitants, is essential to me, and also that of Com
modore Stockton, who has not yet arrived from that province,
yet 1 will not wish the delay of waiting for these far distant wit
nesses, and will go into trial on the testimony now in the United
States, part of which is in the State of Missouri, and may
require thirty days to get into Washington. I therefore ask for
a trial at the end of that time.
"These requests I have the honor to make, and- hope they
will be found to be just, and will be granted. I wish a full trial,
and a speedy one. The charges against me by Brigadier Gene
ral Kearney, and the subsidiary accusations made against me in
newspapers, when I was not in this country, impeach me in all
the departments of my conduct (military, civil, political, 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
infamy in the public opinion.
" It is my intention to meet these charges in all their extent

DEMANDS A COURT MARTIAL. 219
and for that purpose to ask a trial upon every point of allegation
or insinuation against me, waiving all objections to forms and
technicalities, and allowing the widest range to all possible testi
mony. " These charges and accusations are so general and extensive
as to cover the whole field of my operations in California, both
civil and military, from the beginning to the end of hostilities ;
and as my operations, and those of which I was the subject or
object, extend to almost every act and event which occurred
in the country during the eventful period of those hostilities, the
testimony on my trial will be the history of the conquest of
California, and the exposition of the policy which has been here
tofore pursued there, and the elucidation of that which should
be followed hereafter. It will be the means of giving valuable
information to the government, which it might not otherwise be
able to obtain, and thus enlighten it, both with respect to the
past and the future. Being a military subordinate, I can make
no report, not even of my own operations ; but my trial may
become a report, and bring to the knowledge of the government
what it ought to know, not only with respect 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 trial — already
sufficiently grave — acquires an additional and public 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 his government, if nothing

220 LIFE AND SERVICES OF JOHN 0. 1'REMONT.
wrong or culpable has been done by the public agents of the
United States in that remote province. The public believes
' it, and the charges filed against me by Brigadier General Kear
ney — the subsidiary publications made against me whilst I was
not in the country — my arrest on the frontier, and the premoni
tory rumor of that event— the manner of my being brought
home 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. Heretofore I have said
nothing, and could have 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 pubhcations 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 these
things, which concerned me so nearly. Brought home by
General Kearney, and marched in his rear, I did not know of his
design to arrest ,me until the moment of its execution at Fort
Leavenworth. He then informed me that, among the charges he
had preferred, were-mutiny, disobedience of orders, assumption
of powers, &c, 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 the 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 delav of the
trial, or in any way interfere with- the necessary preliminaries.
Hoping, then, sir, that you will obtain and communicate to me
an early decision of the proper authorities on these requests.
" I remain your obedient servant, John C. Fremont.
"Lieut. Col., Mounted Rifles?
Having dispatched this letter, Col. Fremont set out

DEATH OF HIS MOTHER. 221
at once for the bedside of his mother. He did not
arrive at Washington until Thursday, the 16th of
September. On the following Monday he was in
Charleston. The melancholy issue of his visit was
briefiy told in the following paragraph which 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 attending his visit, our city would have
manifested by suitable demonstration their respect for him, and
their continued confidence in his honor and integrity. 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 to 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 appropriate 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 paragraph were pre
sented to Col Fremont soon after the opening of Congress by one of the

S22 LIFE AND SERVICES OF JOHN C. FREMONT.
In compliance with Col. Fremont's request for a
speedy trial, a General Court Martial, to consist of
thirteen members, was ordered to assemble on the
2d of November, at Fort Monroe, in Virginia, which
place afterwards, upon application of the 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. Brooke, Colonel 5th Infantry,
Colonel S. Churchill, Inspector General,
Colonel J. B. Crane, lst Artillery,
Brevet Colonel M. M. Payne, 4th Artillery,
Brevet Colonel S. H. Long, Corps of Topographical Engineers,
Lieutenant-Colonel R. E. D. Rcssey, Corps of Engineers,
Lieutenant-Colonel J. P. Taylor, Subsistence Departinent,
Brevet Lieutenant-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
workmanship, silver and gold mounted. The head of the hilt, around
which is coiled a rattlesnake belonging to the old arms of the State, is
formed to represent the summit 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 " 1846," respectively.
Below them is the following inscription :
|tenrfiit,
BY THE CITIZENS OP CHARLESTON,
TO LIEUTENANT-COLONEL
JOHN CHARLES FREMONT.
A MEMORIAL OP THEIR HIGH APPRECIATION
OP THE GALLANTRY AND SCIENCE
HE HAS DISPLAYED IN HIS
SERVICES IN OREGON AND CALIFORNIA.
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
tl •* State on its clasp, presented by the Ladies of Charleston, accom-
OMiied the sword.

THE COURT MARTIAL. 223
Major R. Delapield, Corps of Engineers,
Brevet Major G. A. McCall, Assistant Adjutant- General, afterwards
excused on account of ill health, and Colonel T. F. Hum, Deputy
Quarter Master General, appointed in his place,
Major E. W. Morgan, 11th Infantry.
Capt. John F. Lee, of the Ordnance Department, was
appointed judge advocate of the court, and Col. Thos.
H. Benton, fa.ther-in-law, and Wm. Carey Jones,
brother-in-law of the accused, were selected to conduct
the defence.
The charges against him were three in number.
1. Mutiny. 2. Disobedience of the Lawful Command
of a Superior Officer, and 3. Conduct to the Preju
dice of Good Order and Militart Discipline.
The trial commenced on the 2d day of November,
1847, and concluded on the 31st of January, 1848,
when a verdict of guilty was brought in on each of the
charges, and Col. Fremont was sentenced to be dis
missed from the service.
Tlie interest of this, probably the most memorable mili
tary trial ever held in the United States, has long since
passed away. The principal prosecutor was called to
his last account a few weeks after the trial closed, and
there are few, if any, left who care 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's
motives in the 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
which we now submit to the reader with entire con
fidence, that whatever may \>e his judgment as to the

224 LIFE AND SERVICES OF JOHN 0. FREMONT. *
technical propriety of the verdict, he will be constrained
to admit, that had Fremont omitted to cooperate with
Stockton when and as he did, or had he abandoned him
afterwards, as General Kearney directed him to do, and
when his abandonment might have been construed into
a condemnation of a course 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. FREMONT.
" Mr. President : The crimes with which I stand charged
are, 1. Mutiny. 2. Disobedience of orders. 3. Conduct
PREJUDICIAL TO GOOD ORDER AND DISCIPLINE*. Either of theS8
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 military 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
myself, and from each, in its order, according to the degree of
its enormity.
"The crime of mutiny stands at the head of military offences,
and, in this case, is presented with all the aggravations of which
it is susceptible ; rank in the offender — 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 offence upon
the instant, and may kill the mutineer upon the spot, without
trial or warning. More than that," he becomes a great offender
himself if he does not do his utmost to suppress the mutinv
which he witnesses, and may be punished with death, or such

THE DEFENCE. 225
other punishment as a court-martial may award. It is the only
case in which death may be inflicted without trial ; in all other
cases, the supposed offender is presumed to be innocent until he
is convicted, and cannot be punished until he has been tried.
" Of this great crime, with all the aggravations of which it is
susceptible, I am charged to have been guilty, and continuously
so, from the 17th day of January, 1847, to the 9th day of May
following, both days inclusive ; during all which time I was
liable to have been killed by any officer present who believed
me 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 so, on the part of the high authority giving the order, of
probable guilt. It is equivalent to the ' trite bill ' 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 different 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 copied,
and the decisions, as to what will constitute the crime, are very
various in both countries. I only refer to this want of definition
of the offence, and to these various decisions, to say that I have
no objection, in my own case, to have my conduct judged by
any case that was ever decided to be 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 crime, alleged against me, is found in
this letter, set out as the basis of specification first in charge
first.— {See letter of January- 17, 1847, page 192.)
" If this letter is mutiny, Mr. President, 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*

226 LIFE AND SERVICES OF JOHN C. FREMONT.
fully declare that I would write the same letter over again under
the same circumstances. But being prosecuted for it, I am
bound to defend 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 case as fully as
they stated theirs, and showing how I became principal in a
contest which was theirs before I heard of it, or came near.
them ; and which, as suggested heretofore, ought to have been
settled between themselves, or by the government, whose author
ity they both bore. A subordinate in rank, as in the contest,
long and secretly marked out for prosecution by the command
ing general, assailed in newspaper publications when three thou
sand miles distant, and standing for more than two months
before this court to hear all that could be sworn against my
private honor as well as against my official conduct, I come 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 object of my defence.
It came to me, as did those which preceded it, without asking,
either by myself, or by any friend in my behalf. I endeavored
to resign it in California, through General Kearney, in March
last (not knowing of his 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 I have a name which was without a blemish before I
received that commission ; and that name it is my intention to
defend. In the winter of 1845-6, I approached the settled parts of
Upper California 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 captain in the corps of topographical eno-i-
neers, and had no rank in the army, nor did an officer or soldier
rf the United States army accompany me.
" The object of the expedition, like that of the two previous

THE DEFENCE. 227
ones, was wholly of a scientific character, without the least view
to military operations, and with the determination to avoid them,
as being not only unauthorized by the government, but detri
mental or fatal to the pursuit in which I was engaged. The
men with me were citizens, and some Delaware Indians, all em
ployed by myself on wages, and solely intended for protection
against savages, and to procure subsistence in the wilderness,
and often desert country, through which I had to pass.
"I had left the United States in May, 1845 — a year before
the war with Mexico broke out ; but I was aware of the actual
state of affairs between the two countries, and being determined
to give no cause of offence to the Mexican authorities in Cali
fornia, I left my command at the distance of about two hundred
miles from Monterey, and proceeded, almost alone, to the nearest
military station, that of New Helvetia (or Sutter's fort), and
obtained a passport (which I now have) for myself and attend
ants to proceed to Monterey, the residence of the commandant
general or deputy governor, General Castro.
" Arrived at Monterey, I called upon the commandant and
other authorities, in company with the United States consul, and
with all the 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 explorations
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,

228 LIFE AND SERVICES OF JOHN 0. FREMONT.
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 them, from the
Sierra, assembling men and hauling out cannon ; but they did
not approach 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 researches in that direction, 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 which 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
ofthe 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 DEFENCE. 229
" Upon the spot I took nine men, four of them Delaware
Indians,' coasted the western shore of the lake for sixty miles, and
met the party.
" The officer was Lieutenant Gillespie. He brought me a letter
of introduction from the Secretary of State (Mr. Buchanan), 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 Benton 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 meaning. 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 parts of the Sacra
mento, and did so. Soon the state of things 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 SERVICES OF JOHN C. FREMONT.
" We made common cause, and I determined to seek safety, both
for them and ourselves, not merely in the defeat of Castro, but
in the total overthrow of Mexican authority in California, and
the establishment of an independent government in that exten
sive province. 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 d»y of July. This was done at
Sonoma, where the American settlers had assembled. I was
called, by my position, and by the general voice, to the chief
direction of affairs, and on the next day, at the head of 160
mounted riflemen, set out to find Gen. Castro. He was then at
Santa Clara, on the south side ofthe 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 7th, 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, and I repaired with my command (160 mounted rifles) to
Monterey. I was ready to co-operate with him, but his 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
|ustice. "Commodore Stockton has proved the terms of our engage
ment with him, and that we became a part of the naval forcesij

THE DEFENCE. 231
un fer his command. I went under him with* pleasure. ,1 was
glad to be relieved from the responsibilities 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 begun 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 Commodore
Stockton and myself for the public good, and with some sacrifice
of our independent positions. Neither of us could have been
co.mmanded 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 obeyed 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 the 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, 1846, Commodore Stockton, as con
queror, took possession of the City of the Angels, the seat of the

232 LTFE AND SERVICES OF JOHN 0. FREMONT.
governors general" of California. On the 17th he issued a pro
clamation, or decree, as such, for the notification and govern
ment of the inhabitants, followed by many others in the same
character, and for the better government of the conquered
country. " On the 28th of August, he communicated all these acts to
the government at home, stating in the communication that,
when he should leave California, he should appoint Major Fre
mont governor, and Captain Gillespie 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, he appointed me military
commandant of the territory, and charged me with enlisting a
sufficient 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 territory, to appoint you to be governor,
and Captain Gillespie to be secretary ; and to appoint also the
council of state, and all the necessary officers. You will, there
fore proceed to do all you can to further my views and intentions
thus frankly manifested. Supposing that by the 25th of Octo
ber you will have accomplished your part of these preparations,
I will meet you at San Francisco on that day, and place you as
governor of California'
" A copy of this letter, with a copy of all the rest of the acts
of Commodore Stockton, as governor and commander-in-chief in
California, was sent to the Navy Department at the time
(August, 1846), by Mr. Christopher Carson, who was met by
General 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 Decembor, 1846, and are printed in the
documents attached to the message, from page 668 to 675,
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 he should return to his ship, to wit, by tha
25th of October ; and in his message spoke of all his acts in
organizing a civil government in a way to imply entire appro
bation. At the same time that Commodore Stockton sent his dis
patches, I also wrote to Senator Benton, giving a brief account,
for his own information, of what had taken place in California,
and especially on the great point of having joined the American
settlers in raising the flag 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 official. 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 1
" And here it becomes me to state something, which justice to
myself and others, 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 7th, he did.
He had by that time heard of my operations, and supposed I
had positive instructions. On the loth of July, Commodore
Stockton arrived; on the 16th, 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 some
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 where it is probable he came prepared
to be invited to raise the British.
" California was saved, and also the grant of the three thou
sand square leagues of land to the Irish priest, Macnamara (all
the original papeis of which I have, to deliver up to the govern
ment), was left incomplete, and the land saved, as well as the

234 LIFE AND SERVICES OF JOHN O. FREMONT.
scheme of colonization defeated. History may some day verify
these events,* and show that the preservation of California, and
the defeat of the three thousand square leagues grant, covering
the valley of the San Joaquin, was owing to the action which
determined the action of Commodore Sloat.
"I left Los Angeles early in September. The insurrection
broke out there in the same month, and soon spread over all the
southern half of California. It extended to near Monterey. It
delayed Commodore Stockton's return to the sea, and deferred
my own appointment as governor. Instead of being occupied
in arrangements to be at San Francisco, on the 25th of October,
to be placed ' as governor over California,' I was engaged, with
* A Catholic priest, named Eugenio Macnamara, in the year 1845 and
the early part of 1846, was domesticated with the British legation at the
city of Mexico. During that time he made application for a grant of
land for the purpose of establishing a colony in California. He asked for
a square league, containing, 4,428 acres, to be given to each family, and
that each child of a colonist should have half a square league. The ter
ritory to be conveyed to him should be around San Francisco Bay,
embrace three thousand square leagues, and include the entire valley of
the San Joaquin. He agreed to bring a thousand families at the begin
ning. His object is stated in his memorial to the Mexican President, in
these words :
" I propose, with the aid and approbation of your excellency, to place
in Upper California, a colony of Irish Catholics. I 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 desire to put an obstacle in the way of fur
ther usurpations on the part of an irreligious and anti-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 were about being held to perfect the
arrangement. Macnamara was landed, from the British frigate Juno,
one of Sir George Seymour's fleet, at Santa Barbara, just at this time.
Every thing 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 passed under British protection. — Upham's Life of Fremont,
p 229.

THE DEFENCE. 235
little other means than personal influence, in raising men from
the American settlements, on. the Sacramento, to go south to
suppress the insurrection.
" With a small body of men, hastily raised for the emergency,
I embarked, according to Commodore Stockton's orders, first, in
boats to descend the bay of San Francisco, and then, in the ship
Steiling, to go 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 Californians 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 Monterey,
and make the march overland. I did so, and there I learned, or
the 27th of October, that I had been appointed lieutenant-colone
in the army of the United States. It was now the month of
December, the beginning of winter, and the cold distressing rains
had commenced. 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 carriages : beef cat
tle procured ; the march commenced, I omit its details to men
tion the leading events, a knowledge 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
Pico, the head of the insurrection iu 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 had 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 conquered the day he was pardoned,
and his owii above all. Among the papers seized, was the origi-

236 LIFE AND SERVICES OF JOHN 0. FREMONT.
nal dispatch of General Flores, which informed us of the action
of San Pasqual, but without knowing who commanded on the
American 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 which 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
corps 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 Hamlyn passed, to give me Commodore Stockton's
orders, which he found in the " camp of the willows," as said iii
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 enemy 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 me).
They were willing to capitulate to me ; the terms were agreed
upon. Commissioners 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 country, and gave safety to every American from the day
of its conclusion.
" My march from Monterey to Los Angeles, which we entered
on the 14th of January, was a subject for gratulation. A march of

THE DEFENCE. 237
400 miles through an insurgent country, without 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, trusting for life and bread to those alone among whom I
had marched as conquerer, and whom I have been 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 handwriting, 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
puipose to arrest, the accumulated charges, the publications
against me, and other eircumstances of the prosecution, I should
have been willing to have read that paper to the court as my
sole defence against this charge of mutiny ; as things are, I copy
frcm it merely some passages, which illustrate what I have said
of the effects of that march from Monterey, and the capitulation
of Couenga.
" ' Knowing well the views of the cabinet, and satisfied that it
was a great national measure to unite California to us as a sistei
State, by a voluntary expression of the popular will, I had in al
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 usted se-
guro, duerme usted seguro " (Uve safe, sleep safe), " we ourselves

238 LIFE AND SERVICES OF JOHN C. FREMONT.
.will watch over the tranquillity of the country, and nothing can
happen which shall not be known to" you." The unavailing dis
satisfaction on the part of (our)own people, was easily repressed ;
the treaty was ratified.'
" ' I terminate my narrative at the capitulation of Couenga
because at that point I got into communication with my two
superiors, became involved in their difficulties, and the events
began for which I am prosecuted.
" From this point the evidence begins. My narrative, intend
ed to be brief and rapid, was necessary to the understanding ~o|
my position in California, and brings me to the point of the par
ticular offences charged against me.
" Mutiny is first in the order of the charges, and the first speci
fication under it is, for disobeying 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 Governor
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 corrupt motive, in trying to trade for a governorship,
has been since added ; and now, let the accuser and prosecuting
witness speak for himself.
" On the first day of his examination, General Kearney testifies
thus: " ' On the day subsequent, viz., on 17th of January, Lieuten
ant Colonel Fremont came to my quarters, and in conversation, I
asked 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, a verson entered the room with a na.nnr in

THE DEFENCE. 230
his hand, which Lieutenant Colonel Fremont took, overlooked,
and then used the pen upon my table to sign it; his clerk having
told him that the signature was wanting to it. He then handed
it to me. At my request, Lieutenant Colonel Fremont took a chair
by my table while I read the letter.
" ' Having finished the reading of it, I told him I was an older
man than himself; that I was a much older soldier than himself;
that I had a great respect and regard for his wife, and great
friendship for his father-in-law, Colonel Benton, from whom I had
received many acts of kindness ; that these considerations induced
me to volunteer advice to him ; and the advice was, that he should
take the letter back and destroy it ; that I was willing to forget it.
Lieutenant Colonel Fremont declined taking it back, and told me
that Commodore Stockton would support him in the position taken
in that letter. I told him that Commodore Stockton could not
support him in disobeying the orders of his senior officer, and that
if he persisted in it he would unquestionably ruin himself. He
told me that Commodore Stockton was about to organize a civil
government, and intended to appoint him governor of the territory.
I told him Commodore Stockton had no such authority, that,
authority having been conferred on me by the President of the
United States. He asked me whether I would appoint him
governor ? I told him that I expected shortly to leave California
for Missouri ; that I had, previously to leaving Santa Fe, asked
permission to do so, and was in hopes of receiving it ; that, aa
soon as the country should be quieted, I should, most probably,
organize a civil government, and that I at that time knew of no
objection to appdlnting him as the governor. He then stated to
me that he would see Commodore Stockton, and that unless he
appointed him governor at once, he would not obey his orders ;
and he left me.'
" This is, the evidence on which the prosecution rests the convio
tion, both for the fact, and its imputed base motive ; and at this
point the defence begins, and will be directed at once to botl
motive and feet, with the belief of showing each to be untrue

240 LIFE AND SERVICES OF JOHN C. FREMONT.
" First, as to the probability of this testimony in all that imputes
the dishonorable conduct to me, which is presented as the motive
of the meeting.
" I hold it to be improbable on its face, and self-evidently unwor
thy of credit. It represents me as coming to General Kearney's
quarters without invitation, signing a letter in his presence which
I had directed to be brought after me, giving it to him to read,
and refusing to take it back and accept his pardon and oblivion for
having written it. The writing of the letter was avowed at the
outset ofthe trial ; the question now is upon what passed atthetime
of its delivery. The letter contained reasons which placed my
refusal to obey his order on high grounds of fact and law ; the
testimony presents me as descending at once from all those high
reasons to the low and base proposal of virtually selling myself
to the best bidder himself or Commodore Stockton, for a governor
ship. According to the testimony, the proposal was abrupt.
" ' He asked me whether I would appoint him governor?' and
this sudden offer to sell myself, in a case in which the purchaser
would be about as censurable as the seller, far from exciting
indignation, seems to have been courteously entertained ; and far
from being instantly rejected, seemed to be accepted, provided a
little time was given for payment. 'I (General K.) then told
him that I expected shortly to leave California for Missouri, &c,
&c, and that I, at that time, knew of no objections to appointing
him 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 : ' He
then stated to me that he would see Commodore Stockton, 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 I immediately went to Commo
dore Stockton, and not coming back, had received the appoint
ment at once. Now, all this is too cool and quick.
" It is im nobable on its face, especially coupled with the

THE DEFENCE. 241
fact that I left the letter in his hands, after his warning of un
questionable ruin, which now constitutes the alleged act of
mutiny, and so put myself completely in his power, both for the
fact and the alleged motive. The testimony is improbable.
" Secondly, I hold it to be invalidated on the cross-exami
nation. " This is the next point of view in which I propose to examine
this part of the testimony. After his examination came his
cross-examination ; and by means of that probe and sharp
searcher after truth, came out many circumstances to invalidate
the first swearing. Thus, the testimony opens with saying ' Lieu
tenant Colonel Fremont came to my quarters,' &c, the infer
ence being, that I came of my own head ; and, from the sud
den manner in which I opened the subject, the further inference
being, that I came for the governorship ; and third inference
being, from my sudden exit and eagerness to see Commodore
Stockton, that my whole business was to see from which I could
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 the very first 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 how the fact is.
" On the eighth day of the trial, this question was put to
General Kearney : ' Did he (Lieutenant Colonel Fremont) come
ofhis own head (as your statement implies), or did you invite
him ?'
" The answer to that question was this : ' I have no recollection
of having invited him to come.' On bearing this 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-
11

242 LIFE AND SERVICES OF JOHN C. FREMONT.
tously raised against me as a person who would destroy originals,
was about to receive a retributive rebuke. To this question and
slip of paper, the witness answered : ' That is my writing, and
that is my note.'
" The note was then read and was in these words :
" ' Jasuart IT.
" ' Deab Colonel : I wish to see you on business.
'"S. "W. Keaenet,
" ' Brigadier General.' "
" This settled the question of the coming, and not only showed
that it was upon General Kearney's invitation that I came his quar
ters on that day, but that it was an invitation in writing, and to a
business interview that I was invited, and consequently that it was
his seeking and not mine that brought us together, and his business,
not mine, that was the object of the interview. The production of
this little original worked this great change in the character and
effect 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.
" But suppose this little original had been actually lost or destroyed,
then the first answer of General Kearney, that he had no recollec
tion of having invited me to come, would have stood with the
effect of an affirmation that he had not invited me, and would have
left in full force all the injurious implications resulting from a gra
tuitous visit on such an ocoasion, and with such a conversation
sworn against me.
"As I would have suffered 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 important particu
lar, I am instructed by counsel to say, goes to the invalidation o'f
his testimony with respect to the whole interview. The circum
stance was an important one. It was s. 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 whatever ; it fixes the fact that he sent tp me

THE DEFENCE. 243
for a purpose, and that not a common one, as he invited me to an
interview, which was a private one, at his own quarters. General
Kearney was then in the crisis of his difficulties with Governor
Stockton ; he was making a last effort to get me to join him.
" The next circumstance of invalidation which I mention, arising
from his own testimony, is in this statement : ' He told me that
Commodore Stockton was about to organize a civil government, and
¦intended to appoint him governor of that territory.' Now, it ap
pears by his own letter to Commodore Stockton of the 16th of
January, that he knew that Governor Stockton was then engaged in
appointing civil officers for the territory ; that, as to intending to
appoint me, I could not have said so, because I had been virtually
appointed since September of 1846, and actually commissioned the
day before ; and finally, 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 the witness upon his own
swearing, is, what he says he stated in reply to the request to be
appointed governor, namely, ' that he (General Kearney) at that
time knew of no objection to appointing him governor, when he
left the country,' &c, &c. Time is the material point in this state
ment, and this point the witness has fortunately made clear both
by collocation and cross examination. It is placed near the end of
the interview, and after the act of meeting, with all its aggravations.
had been consummated in his presence ; and the 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 he was able to see no objection to
appointing me governor of California.
f From this it results that my conduct that day did not appear to
be. mutiny, or, that mutiny was no objection to his appointing me
governor of California. In either event, I present the circumstance
as invalidating his testimony, as it is impossible to reconcile the op
posite opinions of my conduct which the declaration of that day,
and the prosecution of this day present.
"The next invalidating circumstance which I draw from the oross-
examination, is, in the difference which it exhibits to the first day's
testimony in relation to this alleged application for the governor-

244 LIFE AND SERVICES OF JOHN C. FREMONT.
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 speaker; the cross-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 ?'— and that led to a corresponding difference
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 17th. 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
difficulties between them could be settled in such an interview ; the
other, in bringing "out the fact that I appeared to be greatly dis
tressed at the differences between the two superior officers. 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 that 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 the 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 the topics to which they belong, and without showing a
place in the reported conversation to wliich 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 witness 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 DEFENCE. 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
nation in relation to the same point, is, in not suppressing or endeav
oring to suppress, the alleged mutiny at the time it is charged to have
been committed.
" The eighth article of war, copied from the British mutiny act, is
imperative that, 'any officer, ^on-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 tbe
sentence of a general court martial, with death, or otherwise, accord
ing to the nature of his offence.' As a further test to ascertain
General Kearney's opinion of my conduct on that day, the following
question was put to him : ' Did yon 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 his privilege to refuse to answer where
he might subject himself to a penalty, 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
bable 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 with his duty, under the
eighth article of war, and wholly inconsistent with military usage,
if he then believed me to be guilty of mutiny.

246 LIFE AND SERVICES OF JOHN C. FREMONT.
"For these reasons, I consider his testimony further invalidated
upon his own evidence, drawn out upon his own examination.
The next circumstance to invalidate the testimony of this witness,
arising out of his own cross-examination, is what relates to the
bearer of my letter of the 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 that Mr. Christopher Carson had brought it
to me (for in my anxiety at the state of things, 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 him before ; nor do I know that I have
ever seen him since.' I then put 'the question direct : ' "Was not
that person Mr. Christopher Carson ? To which the answer was :
'I think not.' This answer terminated the interrogatories upon that
point ; and, according to the evidence, the 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 had never seen
before or since. The defect of memorv became so glaring in this
instance that it was deemed essential Vy 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 with it, was the
next best witness ; and he had been ordered to Mexico by sea. In
passing some of the Florida reefs, the vessel ho was in 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 testified to the facts that hehad
copied the letter at my request, and sent it after me by Mr. Carson
to General Kearney's quarters. Captain Hensley gave corroborating
testimony ; and thus the fact established by General Kearney's testi
mony, that it was not Mr. 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
the aaswori of tho witness. For General Kearney not to know Kit

THE DEFENCE. 247
Carson ; not to remember, him when he brought the letter on which
this prosecution is based ; 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 ; whom he turned back from the confines of New
Mexico, and made his guide to California; the man who showed
him the way, step by step, in that long and dreary march ; who
was with him in the fight 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 I 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 January. 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 he 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 the United States. In neither of the two lettera
written by him to Governor Stockton, on the same day when my
alleged offer to sell the California battalion to him for a governorship,
accompanied by a menace of revolt agamst Governor Stockton, is
testified to haveftaken 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 have

248 LIFE AND SERVICES OF JOHN C. FREMONT.
prompted him, before going away and leaving the interests of »w
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.
" On the other hand, if considerations of public duty are not the
motive that had influence with him, but, instead, his private resent
ments, these also, whether against Commodore Stockton, myself, or
both, would equally have prompted him to the 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 upon the information, as
would have been proper to act, and as he probably would have acted,
namely taken away my command, and possibly seized my person, then
that ' unquestionable euin,' 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 the
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 charge, 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.
" There is a case at the Old Bailey where a person was convicted
and executed, mainly on the presumption which a very similar omis
sion to this raised. It was the case of Governor Wall, tried at the
Old Bailey, 1802, on a charge of murder, committed, under color of
official duty, in the punishment of a soldier at Goree, off the coast
of Africa, twenty years before.
" The soldier was punished with eight hundred Jashes, in conse
quence of which he died two days after. The defence set up, was,
that a part of the troops of the garrison were 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
officer present at a mutiny to do his utmost to suppress it.
" The prosecution proved that Governor Wall went away from the
place on the day following the alleged acts of mutiny, 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 ALLEGED MUTINY.
" The lord chief baron, Mac Donald, dwelt upon that omission, and
pointed it out 'to the jury. There 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. The 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 hody given up to the
surgeons to be dissected and anatomized.
" The presumption raised in the 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 wa3
no occasion for the action of the government ; for the mutiny, such
as it was, had been suppressed and the mutineers 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 which not only an imperfect but a false view
is given to the whole. There, the letter was written six weeks 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 hind 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 improbable on
its face, invalidated on the cross-examination, and discredited by his
own conduct, it is disproved by facts and witnesses. The imputed
11*

250 LIFE AND SERVICES OF JOHN C.' FREMONT.
bargaining for the governorship is the point of tbe mutiny and the
base and sordid cause of it. Now, if there was no bargaining, or
attempt at it, for tbe governorship, then there was no mutiny ; and
the whole charge, with its imputed motive and inferences, falls to
the ground. And, now, how was tbe fact? That as early as
August, 1846, Governor Stockton, ofhis 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 16th, and so known generally at the time, and actually known to
General Kearney 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 the Pre
sident.' — (Tenth day.)
" The cross-examination of the same day fully sustains the asser
tion that, on the 16.th, General Kearney knew that Governor Stock
ton was appointing the governor and secretary for California, and
his letter to the department, of the same date (16th), shows that
he not only knew it, but reported it. These facts disprove the
assertion that, on the 17th, I asked General Kearney for the gov
ernorship of California; disprove the assertion that I would see

THE DEFENCE. 251
Commodore Stockton, and, unless he gave it at once, I would not
obey his orders. The facts disprove it, for all the forms of bestow
ing the appointment had been completed the day before, while the
appointment itself had been virtually and actually made for near six
months before.
" I will now proceed to the positive testimony of an unimpeached
and unimpeachable witness, to disprove the testimony of General
Kearney in relation to this governorship.
" Colonel Wm. H. Eussell, a witness introduced on the thirty-sixth
day of the trial, testified that he was sent by Lieutenant Colonel
Fremont from the plains of Couenga, about the 13th of January, to
Los Angeles, to ascertain who was in chief command, and to make
report of the capitulation of Couenga. I leave out, at this time, all
notice of his testimony, except what relates to the governorship.
He says he went first to General Kearney's quarters ; afterwards to
Commodore Stockton's ; returned, by invitation of General Kearney,
and supped and slept at his quarters. On his return the chief con
versation took place, and now the very words of the witness shall
be given. Colonel Eussell 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, &c. ; 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 as
Colonel Fremont in the country to take the place of governor, his
design need not be long postponed. I do not pretend to quote his
exaot words.'
" On the the thirty-eighth day of the trial, and' after objections to
certain questions to Colonel Eussell 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 his battalion),

252 LIFE AND SERVICES OF JOHN 0. FREMONT.
' I informed him (Lieutenant Colonel Fremont) that both Gonerai
Kearney and Commodore Stockton were anxious to confer upon him
the office of Governor, and his only difficulty would be in the choice
between them.' ' Commodore Stockton informed me, on the eve
ning of the 13th, on my second interview with him, that he intended
to confer the office of governor on Lieutenant Colonel Fremont, as
I understood, immediately on his arrival at Los Angeles. I think it
was a matter of ordinary publicity throughout the city.' ' On the
morning, as I suppose, of the 16th, I was at Commodore Stockton's
quarters, and he 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 made oat by his clerk, and desired -
me to ask Lieutenant Colonel Fremont to be at his quarters by a
given hour, when the commissions would be ready for delivery.
I made this communication 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 bere, as I am told there is some discrepancy
about dates. 1 presume it was the 16th, because the commissions
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.' This was on the direct examination.
" On the cross-examination, on the fortieth day of the trial, the
witness (Colonel Eussell) in reply to questions, confirmed all that
he 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 appoint 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 unimpeached, 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 great survey of that region. My brevet of captain

THE DEFENCE. 253
was given me by President Tyler, Mr. Wilkins being Secretary at
War, without solicitation from myself or friends. The appoint
ment of lieutenant colonel came to me in California, when I was
not even thinking of it ; and I am- assured by Senator Benton, that
it was President Polk's own act, not only unasked by him, but that
he refused to consent that any friend should name such a 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 commander-in-chief, in California),
were all given of his own head, without solicitation or hint from
me. Such has 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 request would be infamous, which I never made,
when it might have been done with honor.
" Sixthly. Having shown that this testimony of General Kearney
is improbable on its face, invalidated on his own cross-examination,
discredited by his own conduct, disaproved by positive testimony,
and disavowed by the tenor of my hfe, I now come to the last, and
only remaining species of testimony — that of my own declaration.
Happily I have no new declaration to make ; I have only to show
the statement which I made for the eye of private friendship, in
the mere oourse 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 tbat private letter to Senator Benton, already referred to, written
at Los Angeles, and dated the 3d day of February, 1847, are these
words :
"' 'Both' offered me the commission and post of governor; Com
modore Stockton, to redeem his pledge to that effect, immediately,
and General Kea/rney offering to give the commission in four or six

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 TEUE. And I now owe it to mys.elf, to my friends, and
to good men, whose esteem I desire to possess, to declare, and te
make the declaration upon responsibilities infinitely Higher thai

254 LIFE AND SERVICES OF JOHN C. FREMONT.
those of military honor or commission, that Brigadier General
Kearney, in all that he has testified in relation to this governorship,
has borne false witness against me.
"I dismiss this topic, the only one in the multiplied charges
against me which concerns my honor, with the reflection which
springs of itself from the case and finds a response in every gener
ous mind, that General Kearney himself undertook to seduce me
with this governorship, and failing to do so, has 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 and the motive,
of specification first, in charge first, for the crime of mutiny.
" I proceed now to defend the same act under a different charge ;
for it so happens in this trial that the same set of acts are placed
under different 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 discipline, as well as under the heads
of mutiny and disobedience of orders.
"I refer to a paper, heretofore filed, for the opinion which my
counsel entertain of these multiplied charges upon the same set of
acts. They consider them as so many "different trials for the same
thing, and wholly unjustified by the practice whioh admits less
degrees of the same offence to be found, according to the proof
produced on the trial. Here the charges are on the same acts for
different kinds of offences, and tbe same evidence adduced under
each, and. the same that was adduced before the trial, when the
charges were fnvmed, as before this oourt, when they are tried.
My counsel instruct me 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 specifications are repeated under
different charges, I prefer to pursue each one, when I begin it,
through all the charges ; and thus finish with it complete, and have
all my trials over upon it, before I begin with another. This
method will be convenient 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 would regularly imply.

„ THE DEFENCE. 255
"I begin with my letter to General Kearney, of the 17th of Janu
ary, which he produces under the charge of disobedience of orders,
as well as under that of mutiny, and as evidence to prove both, and
which I produce as containing the facts and the law which disprove
each. That letter is in these words. (Seeletterof Jan. 17, 1847, p. 192.)
" This letter was signed in the quarters of General Kearney, and
in his presence, and delivered to him by myself. He read it in my
presence, and has produced it here as evidence against me, 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. He contradicted no part
of it, therefore he admitted every part of it ; and this results from
his own swearing, in which he professes to give an exact verbal
account, no more, no less, of all that passed at that interview, of
the letter, from my entrance, at the beginning, to my exit at the end ;
and not one word of my letter 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 flie charge founded 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 if was written that morning, needs no aid from
subsequent reflection or legal advioe ; 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 which could not be fixed by any exami
nation, or cross-examination of General Kearney. All the multi
plied questions put to him, and by all parties, 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, ofthe 16th of January. (See 8th and 9th days ofthe
testimony.) My letter fixes the time ; it opens with fixing it. It
fixes it to the night. The first line acknowledges the receipt of
your favor (i. e. tha 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

256 LIFE AND SERVICES OF JOHN C. FREMONT.
I was military commandant of the territory; and tbat the order 1
was required to cease from executing was an order in relation to the
battalion under my 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 contradicted 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 apparent 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 that, on the march from San Diego
tc Los Angeles, General Kearney discharged duties implying the
supremacy of Commodore Stockton ; for that is asserted to have
been learnt by me, from conversations with General Kearney him
self, and was not denied by him.
" These impoi'tant facts, five in number, are fixed and established
by the letter ; for they 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 said, on both sides, during the whole interview at
the reception of the letter, is silent upon all these points ; 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 presence,- and being read in my presence, besides containing the
facts of the case, and the law of the case, becomes also the evidence
of the case. If that order had not been written or sent in the
night, that was the time for General Kearney to have said so. If
the order had not been intended for me, in my capacity Of military
commandant qf the territory, that was the time for him to havs
corrected my error. If Commodore Stockton was not then governor
and commander-in-chief in California, then was tbe time for him
, to have told me so. If Commodore Stockton had not been exercising
the functions of military x commander and civil governor, from the
month of July preceding, then was the time for him to have contra-

THE DEFENCE. 257
dieted the assertion of it in my letter." If I had not found the commo
dore exercising the same functions on iny arrival at Los Angeles, three
days before, with apparent deference on, the part of all officers, Gen
eral Kearney inclusive, that vas 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 with himself that, in the march from San
Diego, and also there, at Los Angeles, he had not entered upon and
discharged duties implying, on his part, an acknowledgment of Com
modore Stockton's supremacy then was 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 rank 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 was not between the two superiors alone, then was
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 were not true, then was
the time, and there was the place, and that was the occasion, to
have denied them. Denial, omitted then, cannot be supplied now.
And both law, reason, and justice, require my 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 and Commodore Stockton adjust the question
of rank between themselves ; it respectfully suggests to him that
the settlement of the difficulty belongs to himself and Commodore
Stockton; and concludes with stating that until this rank is so
adjusted, I would have to report and receive orders, as heretofore,
from Commodore Stockton. Now all this, I am advised by counsel,
is both law and reason ; and to prove this law, and this reason, is
now my duty before this court.
" I proceed to do it :

258 LIFE AND SERVICES OF JOHN C. FREMONT.
"First. It shows that there was a question of rank admitted by
General Kearney to be depending between himself and Commodore
Stockton. He wished to .settle it by giving me a contradictory
order. I declined the responsibility, and I think rightfully. For,
in the first place, it is not for the subordinate to decide between
his superiors. He has no legal power to do so ; no legal power to
require submission from tbe one decided against ; and if he used
physical force, it might indeed be a case of mutiny, and that in its
proper sense of a military rebellion. Besides, decide which way he
might, his danger would be the same. Having no right or power
to decide between them — my duty being passive and not active-r-
the only safe or legal course open to me was to remain as I was,
reporting to, and receiving orders from Commodore Stockton. I
considered the question to lie between the two superiors, and that
seems to be their own opinion of it, from their correspondence at
the time (16th and 17th of January). The concluding words of
General Kearney's letter to Commodore Stockton, of the 17th of
January (eighth day of tbe trial) are express to that point. Those
words are too material to paraphrase or put off with a reference ;
they are these :
" ' 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 bet/ween us, and possibly to prevent a civil war in consequence
of it, remain silent for the peesent, learning with you the great
responsibility of doing that for which you have no authority, and
preventing me from complying with the President's oedees.'
" This extract and the whole contemporaneous correspondence
between the two superior officers, beginning at San Diego when I
was on the march from 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 sufficiently ascertained on
the cross-examination of General Kearney on the eighth day. It
was ascertained to have been written after my refusal to obey him
against Commodore Stockton. The conclusion is inevitable. That
refusal prevented the collision and the civil war which the letter
mentioned, as being for the present prevented. I prevented it.
My reward has been to have tbe war direoted against myself, and.
to be tried for capital and infamous crimes, with base and sordid
motives, attributed to me.

THE DEFENCE. 259
" The question now is disobedience of orders — the order not to
re-organize the California battalion being the specification.
" In the British service, from wlnose rules and articles of war our
own are copied, and where there is a judge advscate general to
direct court martial proceedings with uniformity, the character or
qualities of the order, disobedience to which is criminal, are already
defined. At page "89 of Hough, edition of 1825, is found this defi-
nation of such an order :
" In the absolute resistance of, or refusal of obedience to, a pre
sent and urgent command, conveyed either orally or in writing,
and directed to be obeyed with promptitude, by the non-compliance
with which some immediate act necessary to Jse done might be
impeded or defeated, as high an offence is discoverable as can well
be contemplated by the military mind ; inasmuch as the principle
which it holds out, would, if encouraged or not suppressed by some
heavy penalty, forbid or preclude a reliance on the execution of any
military measure. It is this positive disobedienoe, therefore, evinc
ing a refractory spirit in the. inferior, an active opposition to the
commands of a superior, against which it must be supposed the
severe penalty of the article is principally directed.'
" From this definition- of the kind of order which the rules and
articles of war contemplate, 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: lst, 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-organized, the time for which many of

260 LLFE AND SERVICES OF JOHN C. FREMONT.
the men and officers were engaged having expired, and to give it a
major in the place of myself, made governor.
" 8. So far from being for the public service, it would 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
interpi-etation of it is, moreover, borne out by his letter of the same
date to the department, by his testimony before the court, and by
the testimony of Lieutenant Emory.
"4. The battalion was not, and never had been, under tbe orders
of General Kearney ; was not such troops as his instructions con
templated, and several of its officers were from the navy, over whom
he could have no control.
"5. General Kearney was, at the time of giving the order, sus
pended from 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, ¦
then he was himself in mutiny against his own commander, and
endeavoring to induce me ' to join ' in it, and thus was in the com
mission of the double offence of mutiny himself, and endeavoring
to make another join bim 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
unlawful purpose, to wit, for the purpose of keeping the battalion
together in bis own hands to be used against Gov. Stockton. On
his cross-examination (eighth 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
the nature of the re-organization commanded by Governor Stockton,
of the battalion under Lieutenant Colonel Fremont, and forbid by
you ?' he answered, ' I do not. I learned that Commodore Stockton
was about to re-organize that battalion, and I forbid it.' Thus, a
battalion raised, officered, commanded, and organized by Governor
Stockton, and being a part of his forces for the conquest, preservar
tion, and government of California, was forbid to be ^-organized
by General Kearney, without knowing what the actual organization
was, or what the re-organization would be. He heard something

THE DEFENCE. 261
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 that I could not obey without rebelling
against the authority by which the battalion was raised and from
which I held my commission as its commander.
" From all this it appears that the order not to re-organize the
battalion has none of tbe 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 the refusal to
obey it, so far from being in a re/ractory spirit, was a mere determi
nation to remain as I was, and as I had been, under Commodore Stock
ton's command until my superiors settled their own dispute. And I am
now advised by counsel to say that that decision was legally right.
' Tn opposition to all this, General Kearney urges, in support of
his right to command me, first, his rank as brigadier general ; secondly,
his instructions to take command of the troops organized in Cali
fornia ; thirdly, that I had put myself under his command by re
porting to him on the 13th of January. I deny all three of his
positions :
" 1. As brigadier general he had no right to give me any order in
relation to Commodore Stockton's forces. He admits this with re
spect to the sailors and marines ; also, with respect to that part of the
battalion which was detached, and under the command of Captain
Gillespie ; it was equally 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 bis own testimony in support of his pretension. In
, his direct examination, he said : ' About the 14th of January, 1847,
I received from Lieutenant Colonel Fremont a communication dated
the day previous, upon the march, and dated January 13, 1846

262 LIFE AND SERVICES OF JOHN C. FREMONT.
(presumed to be written by mistake for 1847), and which I furnished
together with the charges, to the adjutant general.'
" The paper was read, as follows : 1 On the March, January, 18, 1846.
' " Dear Sir : I have the honor to report to you my arrival at
this place with 400 mounted riflemen and six pieces of artillery, in
eluding among the latter two pieces lately in the possession of the
Californians. Their entire force, under the command of Don An
dres Pico, have this day laid down their arms and surrendered to
my command. " ' Very respectfully, your obedient servant, j
" ' J. 0. Fremont,
" ' Lieutenant Colonel U. 8. army, and Military
" ' Commandant of the Territory of OaUfornm.
" ' Brigadier General S. W. Kearney.'
" ' On the day of the 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 16th 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 him by Lieutenant
Emory. " The paper was read, as follows :
" ' Head quarters, United States Armt, I
Ciudad de los Angeles, Jan. 16, 1847. f
" ' By direction of Brigadier-General Kearney, I send you a copy ..
of a communication to him from the Secretary of War, dated June
18th, 1846, in which is the following: "These troops, and such as
may be organized in California, will be under your command." The
General directs that no change will be made in the organization of
your battalion of volunteers, or officers appointed in it, without his
sanction or approval being first obtained.
" ' Very respectfully,
'"Wm. H. Emory,
" ' Lieutenant and Acting Assistant Adjutant General.
" ' Lieut. Col. J. C. Fremont,
" ' Mounted Riflemen, Commanding
" ' Battalion California Volunteers.'

THE DEFENCE. 263
" On his cross-examination, General Kearney thus testifies in rela
tion to that battalion, and the brief note which he. treated as a mili
tary report for duty : ' The California battalion was under my
command from the time of Lieutenant- Colonel Fremont's reporting
to me on the 13th of January.' He,"therefore, swears to the fact
of my reporting, to him, and also being under his command ; and
this double swearing becomes the corner-stone of his . accusation.
Twice afterwards he swears to the same effect, thus: 'I was a bri
gadier-general in the army, and the accused was a lieutenant-
colonel in it. I was in command ofthe battalion of the time'
(to wit : 16th and 17th). And again : ' I made no attempt to get
the command ; the battalion was already under me.'
" In this way, and by dint of his own swearing, he gets me, as he
swears, under his command, and thereby acquires the right to give
me orders, with the resulting consequences of mutiny 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 13th
January to him.
" Now let us see with how much truth and justice this is done.
From the testimony in chief, at the opening of the trial, quoted
above, it would 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 General Kearney for duty ; that after thus reporting,
and without anything else passing upon tbe subject, and after I had
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, and thus became
guilty of two crimes — mutiny, for which I might have been law
fully killed on the spot ; and disobedience of orders, for which I
may be sentenced to be shot or cashiered, or otherwise pumshed by
this court.
" The first words of the testimony imply voluntary communi
cation. . The words are : ' about the 14th of January, 1847, I
received from Lieutenant-Colonel Fremont a communication, dated
the day previous, 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 head, unin
fluenced by any previous act of General Kearney ; and so stood tha
case on the direct examination, on the first day of the trial.

264 LIFE AND SERVICES OF JOHN 0. FREMONT.
"On the- seventh day the cross-examination reached this point,
and the recorded, testimony shows as follows :
" Question. Did you, at Los Angeles, from the 10th to the 13th
of January inclusive, address notes to Lieutenant-Colonel Fremont,
and if so, how many, and for what object?
" Answer. . Between those dates I addressed, I think, three' com
munications to Lieutenant-Colonel Fremont. * * * The
object of my communication was to inform Lieutenant-Colonel Fre
mont of our being in possession of Los Angeles, and haying a strong
force, &c.
" 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>returh?
" Answer. They were what are termed semi-official, written in
a familiar manner, and of which I have no copies. I keep a copy of
all 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 pla'ce, with sailoi's 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
Kegards to Eussell ?'
" 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 : " ' Puebla de los Angeles, )
Sunday, Jan. 10, 1847—4 p. u. j
" ' Dear Fremont : We are in possession of this place, with a
force of marines and sailors, having marched into it this morning. .
Join us as soon as you can, or let me know if you want us to march

THE DEFENCE. 265
to your assistance. Avoid charging the enemy; their force does
not exceed four hundred, perhaps not moro than three hundred.
Please acknowledge the receipt of this, and dispatch the bearer
at once. " ' Tours,
" ' S. W. Kearney,
" ' Brigadier- General, LT. S. Army.
" 'Lieut. Colonel J. 0. Fremont,
" ' Mounted Rifles, Com., &c.'
" Question. Did you also address this one to him, and at the
time of its date?
" The witness, having examined the paper, said : That is my
writing, and that is my note.
" It was read, as follows : " ' Ciudad de los Angeles, )
Jan. 18, 1S47— 12 o'clock, noon, f
" ' Dear Fremont : We are in force in this place — sailors and
marines. Join us as soon as possible.
" ' We 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 follows : " l Puebla de los Anoklbs, i
Jan. 12, 1S4I— Tuesday, 6 p. m. f
" ' Dear Fremont : I am her* in possession of this place, with
.tailors and marines. We met and defeated the whole force of
ihe Californians, the 8th and 9th. They nave not now to exceed
HOO men concentrated. Avoid - charging them, and como to mb
at this place. 12

266 LIFE AND SERVICES OF JOHN C. FREMONT.
'"Acknowledge the honr of receipt of this, and when I mav ex
pect you. Regards to Eussell. "'Yours, «• <¦ S. W. Kearney,
" ' Brigadier- General.
" ' Lieut. Colonel J. C. Fremont.'
" Question. Did yon also write this one to him, and were the
first two of the five words (do not charge the enemy) underscored
by you, as they now appear?
"Answer. That is my writing, and that is my note, and
though I have no recollection of underscoring these words, I
have no doubt but I did so.
" The note was read, as follows ; " * Ciudad de los Angeles, )
» Jamuary 18, 1S47 — 2 p. m. j
" ' Dear Fremont : We have been here since the 10th. I have pleDtj
of marines and sailors. We know nothing of you, except your armistice
of yesterday, signed by yourself. 'I have sent several letters to you, and
fear they have been intercepted, as I have received no answer. Come
here at nnce, with youi whole force, and join us ; or if you cannot, let me
know it, and I will go to you. The enemy cannot possibly have near you
more than 300, most probably not more than 150 men. Acknowledge the
hour of receiving this, and send back the bearer at once, and write but
little, as it may get into the hands of the enemy, instead of mine.
, " ' We defeated the enemy on the 8th and on the 9th, during our
march. Since then they have been much scattered, and several, no doubt,
gone home.
" ' I repeat, we are ignorant of everything relating to your command,
except what we conjecture from your armistice, signed by yourself.
Success to you ! "'Yours,.
"'S. W. Kearney,
" ' Brigadier General.
" ' Do not charge the enemy.
" ' Lieutenant Colonel J. C. Fbemont,
" ' Mounted Rifles, &c'
" This is what is shown by the cross-examination ! The note of the 18(i,
TO fer from being voluntary^ that It wag actually polled and dragged Ov'<

THE DEFENCE. 267
of me bj General Kearney, by dint of repeated, urgent soh'oitations, and
affectionate notes, all requiring information of my position and move
ments, and all concealing the fact that Commodore Stockton was with
him at Los Angeles, and his commander-in-chief. " Dear Fremont," four
times repeated, and four applications for informations of him, show the
character of the notes sent and the object of sending them ; that they
were familiar notes of information, such as are written in all services and
between officers of all ranks, and which are used for no purpose in the
world' except for the sake of the information they contain. But, while
the notes show this, the cross-examination was impotent to gain the same
knowledge, either of their number, object, or contents. To the question,
How many of these notes ? he answers three, he ' thinks.' Not being in
the habit of destroying originals, I produce him four. To the question,
With what object? he replies that it was to give him (myself) information
of his (General Kearney's) being in possession of Los Angeles, &c, &c. The
notes being read show that, in addition to that information to me, they
desired information from me also. To the inquiry whether either of these
notes gave information that Governor Stockton was at Los Angeles ? the
answer is, ' I have no recollection of it.'
" The notes themselves being read, each one shows that the presence of
Governor Stockton was not even hinted. The same four notes tell some
thing else very incompatible 'with the testimony of a previous day ; they
tell Lieutenant-Colonel Fremont the force gone against him may be 300
or 400 men. In the previous swearing are these word's : " And a small
"party under Don Andreas Pico — which party I have never understood to
have exceeded fifty or sixty men — went to Couenga, and entered into
capitulation with Lieutenant-Colonel Fremont.
" From these notes, then, the great fact was brought out- that the com
munication, presented as a voluntary act, was extracted from Lieutenant-
Colonel Fremont by General Kearney himself ; that instead of being a
military reporting for duty, it was a reporting for information only ; that,
instead of being an official communication, it was a familiar private note,
in answer to familiar, private, and apparently most affectionate notes.
"Upon their face they contradicted the swearing of General Kearney;
and it is further contradicted by facts and circumstances drawn from him
self ot from authentic sources. The direct testimony at the opening of the
trial, says : ' On the day ofthe receipt of that letter, &c, &c, Lieutenant-
Colonel Fremont, at the head of a battalion of volunteers, entered the
city of Los Angeles." Now, all the testimony agrees (and such is the fact) .
that on my entrance int#Loa Angeles with my battalion, I went direct to
the quarters assigned it by Governor Stockton through Colonel Russell ;

268 LIFE AND SERVICES OF JOHN 0. FREMONT.
then reported in person to Governor Stock ion, and afterwards called on
General Kearney.
" That note so extracted from me, and so perverted, did not fetch itself
to Los Angeles. Some person must have brought it, and did ; and that
person was Col. W. H. Eussell ; and he has given an account of his mission,
and of his conversation with General Kearney, wholly incompatible with
the present imputed intention of that note. On the 37th day of that trial,
that witness (Colonel Russell) was introduced, and the second question
put ttrhim (the first being 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 ? If so, at what time, and for what
purpose ?' and the answer was : ' I was sent by Lieutenant-Colonel
Fremont from the plains of Couenga, about the 13th of January, 1847,
for the purpose 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 question : ' Will you
state how you executed that mission ?' Answer. ' I went to the quar
ters of General Kearney first, and inquired of him whether his arrival in
the country had superseded Commodore Stockton, who, before, had been
recognized as chief commander. From General Kearney I learned that
Commodore Stockton was still in chief command, and by him I was
directed to make my report to the commodore.' This was the testimony
of Colonel R. on that point on his examination in chief. On my cross-exam
ination (39th) day the following questions were put by the judge advocate :
" ' Do you recollect General Kearney told you expressly that he was ¦
serving under Commodore Stockton, or did he say anything more explicit
than, as was said by you, that Commodore Stockton was in chief com
mand, and you would carry your report ofthe capitulation to him?
" Answer. ' He told me distinctly that he was serving under Commo
dore Stockton, and had been doing so from San Diego.'
" Question by judge advocate. ' Was Captain 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 point, with the' following results :
" Question. ' When you were sent to Los Angeles, to ascertain who was
in command, had you any orders what to do if you found the chief com
mand claimed by both Commodore Stockton and General Kearney.'
" Answer. ' My instructions from Lieutenant-Colonel Fremont were to
proceed to Los Angeles, and carefully to inquire ;|s to who was in chief
Command, and to make my report accordingly. No such contingency

THE DEFENCE. 269
was contemplated,- I think, by Lieutenant-Colonel Fremont, when he
dispatched me -on that mission, as the command being claimed by them
both.' " Question by a member. ' Why did you first report to General Kearney
rather than to Commodore Stockton ?'
"Answer. ' I bore a letter to General Kearney from Lieutenant-Colonel
Fremont, in acknowledgment of one received by Lieutenant-Colonel Fre
mont from General Kearney, and for the further reason that we were
totally ignorant of the object of General Kearney's being in the country,
and my orders from Lieutenant-Colonel Fremont were that I should ascer
tain all about it.'
" Question by the court. ' State 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?'
" Answer. ' I met Lieutenant-Colonel Fremont at the head of his batta
lion, on the morning of the 14th of January (as I stated in my chief ex
amination), about five or six miles from Los Angeles, and told him I had
had much conversation with both General Kearney and Commodore
Stockton, touching their respective positions in the country. That I was
satisfied, from what had occurred, that General Kearney was a better friend
of his than Commodore Stockton ; but from General Kearney's own admis
sion, I 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 I thought, by General Kearney. This was the
substance of my communication to Lieutenant-Colonel Fremont ; and
he, I. think, with equal 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 his side by flatteries, by offer
ing the governorship of California, and by exciting resentment against
Commodore 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 ' unquestionable ruin,-' which ruin, it would seem, he has been
laboring ever since to effect.

270 LIFE -AND SERVICES OF JOHN C. FREMONT.
" That this construction was not put upon my note at the time it was
received, seems clear from official cotemporaneous acts of General Kearney
himself. Thus, onjhe 14th day of January, he writes to the War Depart
ment, from Los Angeles-, that 'this morning Lieutenant-Colonel
Fremont, of the regiment of mounted riflemen, reached here with 400
volunteers,' &c, &c. No word of reporting to him, or placing myself
and battalion under his command. Surely that was the time to have
communicated to the War Department such an essential piece of intelli
gence. In the concluding part of the same letter he says : ' On their
their arrival (troops from New York and New Mexico) I shall, agreeably
to the instructions of the President of the United States, have the
management of affairs in this country, and will endeavor to carry out
his views in relation to it,' words which necessarily mean that he did
not consider himself entitled to command until the arrival of those
troops, or else that he intended to avail himself of those troops to
obtain command.
"The letters of the 16th and 17th of January, from General Kearney
to Commodore Stockton, are significant at this point. 1. They are
totally silent on the subject of my having placed myself and the bat
talion under his command. 2. They show the whole contest, up to the
17th, to be between the two superiors. 3. The letter of the 17th shows
a shifting of the grounds of his claim to command in California, basing
it on his victories of the 8th and 9th, and the capitulation of the enemy
to me on the 13th. The words of the letter, significant of this change, '
are : ' As in consequence of the defeat of the enemy on the 8th and 9th
instant by the troops under my command, and the capitulation entered
into on the 13th instant, by Lieutenant-Colonel Fremont with the leaders
of tho Californians, in which the people under arms and in the field
agree to disperse and to remain quiet and peaceable, the country may
now, for the first time, be 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 colli
sion between us, and 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.'
" The value of this testimony, which would make me to have reported
to General Kearney, and placed myself and battalion under his com
mand, must now be understood. I undertake to say there is no
authentic modern instance of a note, as innocent in itself, and extracted
from the writer under such circumstances, so totally perverted from

THE DEFENCE. 271
its meaning, and made the foundation of such a prosecution as I have
endured. " If men are to be capitally and infamously tried for such a. note, no
one is safe in writing.
" I am charged here with a great military crime. I should have been
guilty, not only of it, but of an inexcusable breach of faith, if I hod
made a report of myself and battalion to General Kearney, and so
placed under the command of that officer the troops raised by the
means and authority of Commodore Stoekton, and by him intrusted to
me. " I now close thisdefence to specification first, of charge two, for diso
bedience of lawful orders.
"The second specification, under the head of mutiny, is for raising
and attempting to raise troops, on the 25th of January, 1847 ; and is in
these words.
" ' Specification 2. In this, that he, Lieutenant-Colonel John C.
Fremont of the regiment of mounted riflemen, United States army,
being in command of a battalion of volunteers organized in California,
which were placed by the aforesaid orders of the Secretary of War, of
June 18, 1846, under the command of Brigadier-General Kearney, did
issue an order to Captain J. K. Wilson, at Angeles, January 25, 1847, in
the following^ words, to wit : "' Angeles, January 25, 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 purpose are detached from your present command.
" ' You will please report the number you will be able to enlist
with as little -delay as possible. You are authorized to enlist the men
for three months, and to promise them as compensation $25 per
month " ' Respectfully, "'J. C. Fremont,
"'Lieut. Col. commanding Calif ornia force in U. S. service.
" 'To Captain S. K. Wilson,
'" Light Artillery.'
" ' Thereby raising and attempting to raise troops, in violation and
contempt of the lawful command aforesaid of his superior officer,
Brigad er-General Kearney, of date January 16, 1847, and thereby acting

272 LIFE AND SERVICES OF JOHN C. FREMONT.
Openly in defiance of, and in mutiny against, the authority of his supe
rior officer aforesaid, by raising and attempting to raise troops, and by
proclaiming himself to be, and assuming to act as commander of the
United States forces in California.' "
The same act is specification No. 2, in charge, for disobedience of
orders— the orders charged to have been disobeyed being the order of
January 16, 1847, against the organization of the California battalion.
"I will consider both of these specifications together, and arrange the
matter of defence under these general heads : 1. That I was, at that
time, governor and commander-in-chief in California. 2. That General
Kearney had no right to command the battalion at that time. 3. That
the order of the 16th of January, 1847, besides being illegal in itself,
had no relation to any other change in the "battalion than the one
intended at the time it was given.
"1. That I was then governor and commander-in-chief • in California
is proved by the testimony of Commodore Stockton, and the production
of the original commission; and his right to bestow that commission
.upon me resulted from his own right to constitute himself governor.
Both acts were done under the law of nations ; and by virtue of the
right of conquest ; by virtue of the orders and instructions of the Presi
dent of the United States, charging the naval commanders in the Pacific
ocean, exclusively, with the conquest and civil government of. California,
until relieved under the instruction's of the 5th of November, 1846.
These instructions did not arrive until after the alleged commission of the
act of mutiny and disobedience now under examination; and, when they
did arrive, were never communicated to me at all.
" I am advised by counsel, that the appointment of himself as governor,
by Commodore Stockton, was a valid appointment under the law of
nations ; and that upon the same principle, his appointment of myself as
his successor was equally valid; and. that in neither case was the appro
val of the President of the United States necessary to the validity of the
appointment, though each revocable by him at his pleasure ; and there
fore proper to be made known to him. This I am advised is the law;
but being now prosecuted for mutiny and for disobedience of orders, in
assuming and usurping the governorship of California, and it being the
President alone who could order my trial in this case (accused as I am by
my commanding general), it becomes material to show that this appoint- ,
ment, and the intention to make it long before it was made, was duly
communicated to him, and, while not disapproved, was impliedly sanc
tioned, and never revoked. For the fact of the communication of the
intention to appoint me his successor, I refer to Governor Stockton's offi-

THE DEFENCE. 273
cial dispatch of August 28, 1846, from Los Angeles, sent iu by Mr.
Carson ; and for the fact of his communicating the fact of his having
appointed me, I refer to his official dispatch of January 22, 1847, from
San Diego. The first of these dispatches arrived by the hands of Mr.
Fitzpatrick early in November, 1846, and their general contents were
noticed by the President in his annual message of December following,
and in the reports of the Secretaries of War an8 Navy, and all in terms
of general approval. Passages from this message and these reports have
been already quoted, and require no repetition ; and from them and from
the communication of Governor Stockton's acts as governor, to Congress,
at the time by the administration, I assume it to be proved that the intent
to appoint me governor was known to the government in November,
1846, and not disapproved by it. The dispatch of the 22d January,
1847, was received from Lieutenant Gray of the navy, in the month of
April following ; and, so far as I can learn, his act was not disavowed in
appointing me governor. Even if it was, the disavowal could only
operate from the time it would be known to me, which it never was.
" The commission from Governor Stockton was in these words:
" ' To all whom it may concern, greeting: Having, by authority ofthe
President and Congress of the United States of North America, and by
Tight of conquest, taken possession of that portion of territory hereto
fore known as Upper and Low.er California, and having declared th«
same to be a territory of the United States, under the name of the terri
tory of California, and having established laws for the government of the
same territory, I, Robert F. Stockton, governor and commander-in-chief
of the same, do in virtue of the authority in me vested, and in obedi
ence to the aforementioned laws, appoint J. C. Fremont, Esq., governor
and commander-in-chief of the territory of California, until the President
of the United States shall otherwise direct.
" ' Given under my hand and seal on this sixteenth day of January,
r -¦ Anno Domini one thousand eight hundred and forty-sevem, at
the Ciudad de los Angeles. " ' R. F. Stockton, Governor, &c.'
" On this state of facts, I maintain that I was duly and legally gover
nor and commander-in-chief in California at the time of the act done,
whioh is charged as mutiny and as disobedience of orders, in the two
specifications, under the two charges referred to.
" 2. That General Kearney had no right to command the battalion at
that time.
" The facts and the arguments in support of this proposition are the

274 LIFE AND SERVICES OF JOHN C. l'REMONT.
same which have been already used in answer to specifications first in
both the first charges, with the addition of arguments to show that Gen.
Kearney had no more right, at that time, to command me, in my gov
ernorship of California, than he had to command Governor Stockton
while in the same office ; and that, in fact, this prosecution, in the speci
fications under consideration, is nothing but a continuation of the contest
which began at San Diego with Governor Stockton, and which ought to
have been finished with him.
" General Kearney claimed authority to command the battalion, first, by
virtue of his instructions, and next, by the assumption that I had put
myself under his command. I presume this latter ground has been
effectually disposed of heretofore. The first one has received some answers,
and has others to receive. It has been argued from the beginning — from
San Diego to this place, and from December, 1846, to this time — that
the instructions to General Kearney were conditional : ' Should you con
quer and take possession of New Mexico and California or considerable
places in either, you will establish temporary civil governments tlierein.'
These instructions are evidently conditional, and only applicable to a
country unconquered, and without a civil government. On the contrary,
before General Kearney left New Mexico he had 'positive' (using the
word of his order) information that all this was already done, and imme
diately acted upon that 'positive' intelligence, by diminishing the force
with which he had set out. He met Mr. Christopher Carson, bearer of
official dispatches from Governor Stockton, and of private letters from
myself, learned the true state of things from him, turned him back as his
guide, reduced ' the army cf the West,' with which he was to conquer
California, to an escort for his personal safety in travelling through the
country, and went on, as the sequel showed, not to execute government
orders, already executed by others, but ( what is rarely seen in any
miUtary service) to take from others the fruits of their toils, hardships,
dangers, and victories. He took the bearer of dispatches, sent by the
real conquerors, to guide him — show him the way — to the conquered
country; before he arrived there, sent for aid from the conqueror, and
received it in a handsoihe detachment, nearly equal to half his force,
and after fighting an action with that aid, was four days upon a hill in a
state of siege, from which he was relieved by two hundred and fifteen
men sent out by Commodore Stockton to conduct him into San Diego,
where he was safe. This was not the conquest of California, nor was
the plain of San Pasqual, or the hill of San Bernardo, the conquest of
' considerable places ' in that province, so as to give a right to govern it.
The subsequent operations were under the command of Commodore

THE DEFENCE. 275
Stockton ; and it is because he should appear as conqueror, in order to
get a right under his instructions to the governorship, that the claim has
been set up by General Kearney to have commanded the troops to L03
Angeles, and gained the victories of the 8th and 9th of January, and
thereupon, in conjunction with the capitulation of Couenga, started »
new claim to the governorship, on the assumption that he had just con
quered" the country. This new claim is started in the letter of 17th
January, 1847, from General Kearney to Commodore Stockton, and
clearly shows his own views, at that time, of the conditional nature of
his instructions. The letter has been quoted. Its effective and applicable
words at this point are, ' As, in consequence of the defeat of the enemy
on the 8th and 9th instant, by the troops under my command, and the
capitulation entered into on the 13th instant by Lieutenant-Colonel
Fremont with the leaders of the Californias, &c, the country may now,
for the first time, be 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,' &c, &c.
" This extract shows General Kearney's own opinions of his instruc
tions at the time he wrote that letter, and that they were conditional
upon the fact of conquering and taking possession of the country/ It
shows his opinion ; but, if the facts were not as he supposed, to wit, that
he was commander-in-chief in the actions of the 8th and 9th, and that the
country was then, for the first time, conquered and taken possession of;
if these facts fail him as they do, tjjen his new claim to command in
California fails also ; and Commodore Stockton, as commander-in-chief
on the 8th and 9th, becomes the second time the conqueror. That the
rest may be well conceived, from the circumstances under which they
were issued, as well as from their terms.
" The navy had been charged, from the beginning of the war (and
before it in anticipation), with the exclusive conquest, preservation and
government, in California. In giving a miUtary officer orders to go into
California to conquer, &c, &c, the contingency that everything required
to be done might have been already done,,was too obvious to be over
looked, and would naturally be provided for in making the miUtary
instructions conditional.
" The naval instructions say : ' Previous instructions have informed
you of the intentions of this government, pending the war with Mexico,
to take and hold possession of California. * * * * The object
of the United States is, under its right as a beUigerent nation, to possess
itself entirely of Upper California. * * * The object of the
United States has reference to ultimate peace with Mexico ; and if, at

276 LIFE AND SERVICES OF JOHN' C. FREMONT.
that peace, the basis of the uti possidetis shall be established, the govern-
ment expects, through your forces, to be in actual possession of Upper
California. * * * This will bring with it the necessity of a civil
administration. Such a government should be "estabUshed under your
protection. * * * For your further instruction, I inclose to you a copy
of confidential instructions from the War Department to Brigadier General
Kearney, who is ordered overland to California. You will also commilnicate
your instructions to him, and inform him that they have the sanction of
the President.'
" These instructions were not received by Commodore Stockton, but
were anticipated by him, and this anticipation obtained for him the
express approbation of the President. The dispatch of the 5th of
November, from the Secretary of the Navy to the commodore, contained
this clause in reference to his operations in California : ' And it is highly
gratifying that so much has been done in anticipation of the orders which
have been transmitted.'
" This was written near four months after the transmission of the orders
of July 12, and is a full ratification of all that had been done in antici
pation of them.
But a higher view remains to be taken of the conditional character of
the instructions to General Kearney, a view which involves their absolute
repeal and nullity, unless understood eonditionaUy ; and I am advised by
counsel that even that understanding ef them cannot save them from the
fate of total abrogation until subsequently revived by the instructions of
the 5th of November, 1846. A few dates and facts establish this view.
The instructions to General Kearney, oo which he relies for his authority,
are dated the 3rd and 18th of June, -1846. Now, it so happens that, on
the 12th day of July, in the month following, instructions of the most
peremptory character were dispatched to Commodore Sloat to conquer,
hold, and govern California, and to let General Kearney know of these
instructions, and that they had the sanction of the President. Here are
extracts from the orders to Commodore Sloat; and, although they' did
not reach his hands, nor those of his successor, Commodore Stockton,
until after the country was conquered, yet, I am advised to say, their
effect is the same upon this prosecution. This is not case of an officer
prosecuted /or not obeying instructions, in which case it must be shown
tliey came to his hands ; but it is a prosecution against me, as successor
to Got ornor Stockton, for doing what the instructions commanded. In
this case, the anticipation of the orders is an additional merit in comply
ing with them ; and such is the case with the orders in question.
"Those instructions are near a month later than those to General

THE DEFENCE. 277
Kearney, and not only especially confide the conquest, preservation, and
civil government of California to the naval commanders, but require the
naval forces to hold the country till the peace, and direct General Kearney
to be informed accordingly ; and further informed that all this instruc
tion to the naval commanders had the sanction of the President.
" I, with the battalion I commanded, was part of the naval force to
which this duty was oonfided. (Commodore Stockton's testimony, 37th
day.) This order remained in force until the instructions of the 5th of
November arrived in California, which was not until the 13th day of
February, 1847, and which were never communicated to me, and of
WHICH I REMAINED TOTALLY IGNORANT TILL SINCE THE COMMENCEMENT
ok this trial. Neither General Kearney, Commodore Shubrick, or
Commodore Biddle, communicated them to me, although I was then
governor and commander-in-chief in California, under the commission of
Commodore Stockton, to .whom the instructions of the 5th of November
were addressed ; nor were they communicated 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 explained. By
these instructions the military and civil duties, confided to the navy,
were transferred to the commanding officer on land ; another proof that
the land-officer did not then possess them, and that officer was specially
named as General Kearney or Colonel Mason.
" The instruction says : ' The President has deemed it best, for the
public interests, to invest the military officer commanding with the
direction of the operations on land, and with the administrative functions
of government over the people and territory occupied by us. You will
relinquish to Colonel Mason, or to General Kearney, if the latter shaU
arrive before you have done so, the entire control over these matters,
and ' turn over ' to him all papers necessary td the performance of 'his
duties. If officers of the navy are employed in the performance of civil
or military duties, you will withdraw or continue them, at your discre
tion, taking care to put them to their appropriate duty in the squadron,
if the army officer commanding does not wish their services on land.'
" Until this dispatch was received by the naval commanders, those
of July the 12th abrogating those to General Kearney, remained in full
force ; and it was only by virtue of these orders, ofthe 5th of November,
that he acquired the command, militarily or civilly, in California. And
it is in evidence that Commodore Shubrick had received these instruc
tions of the 12th of July, at the time that General Kearney visited him
at Monterey and had consultations with him, and was sent by him in a
ship to Yerva Buena, and that he made known to General Kearney, at"

278 LIFE AND SERVICES OF JOHN C. FREMONT.
that time, that the naval commanders were charged with the whole con
quest, defence and government of California ; and that tbey (General
Kearney and Commodore Shubrick) mutually agreed not to disturb the
existing state of affairs until the government had further been heard from.
" It is clear that the instructions to the different branches of the ser
vice were not properly consistent, and that concurrences might have
arisen under them that would have necessarily produced a conflict of
authority ; but it is also clear that it was the intent of the government
that the right and duty of the navy to conquer, preserve and govern
California should remain complete and entire until the arrival of the
instructions of November 5th, and that no concurrence did arise that,
under the plain interpretation of the army instructions, could justify a
collision. All this is fairly stated by the Secretary of the Navy, Mr.
Mason, under the express orders of the President, in a dispatch of the
14th of June, 1847, directed to the naval commanding officer on the
California station.
" That dispatch contains these passages :
" ' The misapprehension between the commanding officers of the army
and navy in California,- which is mentioned in the letter of Commodore
Shubrick, above referred to, must long since have been removed by the
very explicit instructions which have since been received in that country.
* * * * At the commencement of the war with Mexico
the United States had no military force in California of any description
whatever, and the conquest of that country was from necessity, therefore,
devolved exclusively upon the navy. * * - The conquest brought
with it the necessity of a temporary civil government, and, on the 12th
of July, 1846, Commodore Sloat was informed that such a government
should be established under his protection. Contrary to all expectation this
dispatch did not reach California until the arrival tliere of General Kearney
" ' On the 5th of November, 1846, Commodore Stockton was informed
that the President has deemed it best for the pubhc interests to invest
the military officer commanding with the direction of the operations on
land, and with the administrative functions over the people and'territory
occupied by us. He was also directed to relinquish to Colonel Mason, or
to General Kearney, if the latter should arrive before he had done so, the^
entire control over these matters, and to tura over to him all papers
necessary to the performance of his duties. It was believed tliat even
this dispatch might anticipate the arrival in California of General
Kearney. ,
" ' Similar instructions were communicated to Commodore Stock

THE DEFENCE. 279
ton under date of January 14, 1847, and were renewed to Commodore
Shubrick under date of May 10, 1847. A copy of these last instruc
tions, wkloh on this subject are very full and distinct, are herewith
enclosed.' " All these dispatches were too late. The mischief was all done before
they arrived, and they leave the naval officers completely justified, and
General Kearney wholly without excuse for attempting to make himself
governor of California in a case not contemplated by his instructions,
and in which he would have* to commence with disorganizing an esta
blished civil government before he could begin to organize one. His
whole conduct, from the day_he met Mr. Carson,, was contrary to the
intent and meaning of his instructions. He was to conquer California ;
it was already conquered. He was to establish a civil government ; it
was already done. He was to lead an army to California ; he took only
a personal escort. He turned back two-thirds of his dragoons ; he
should have turned back the whole, and himself with them. He should
not have applied to Governor Stockton to send him aid to San Pasqual,
and to the hill of San Bernardo, if he intended to contend with him for
supremacy after he got' there. He should not have attempted to found a
claim to the governorship on the victories of the 8th and 9th of January,
after the refutation of his claim by Commodore Stockton at San Diego.
He should not have pretended to 4iave been commander-in-chief on the
march to Los Angeles, in order to found upon it a claim to the governor
ship in right of conquest. He should not, even if the letter of his
instructions had borne him out (which they did not), have attempted to
take the fruits of conquest from those who had conquered the country
before he came to it, and without whose helping hand he could not have
got to it.
" I have now made clear the right of Governor Stockton, under whom
I held the governorship of California at the time of the act done, which
is charged in the specifications under examination to be governor him
self, upon his own assumption of the office, and afterwards to appoint
me his successor ; and that these governorships were valid under the
law of nations, until disapproved by the President, or the incumbents in
some way lawfully relieved or discharged. Having done this, I am
instructed by counsel to resume my original position, as in the letter of
the 17th January, in declaring that all this difficulty iu California was a
question between my two superiors, which should have been settled by
the government between them, and not settled in my person by trying
me for mutiny and disobedience against one of them — charges to which
I might have been weU exposed in disobeying the other. And I am fur-

280 LIFE AND SERVICES OF JOHN C. IREMONT.
ther instructed by counsel to renew, and to repeat, in the most solemn
manner, the Protest heretofore filed in the War Office by them, in my
name, against the illlegalitt and injustice of thus trying me for the
acts of Commodore Stockton and General Kearney, or fo-- declining the
responsibility 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 which the order of the 16th of January was applicable. The
argument heretofore made on this point, is referred to without repeating
it, to show that this battalion was part of the naval forces under Com
modore S'ockton, and that it 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 16th of January, 1847, besides being illegal in itself,
had no relation to any other change in the battaUon 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 rights of the men, most
of whom had engaged for the expedition 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 tha
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 16th of January, at its present repro
duction, and as often as it shall be produced hereafter. Illegal and null
as it was for the purpose 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 commander-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. The charges,
as preferred by General Kearney, so limited it, he having testified before
this court that he preferred but a single charge (understood to be
mutiny) ; that these were not bis charges ; that they had been changed.
This can only mean that he has not extended the order of the 16th of

THE DEFENCE. 281
January to subsequent acts— to changes subsequently made in the bat
talion. With this corresponds his testimony before this court (9th day,
near the close), that he left no orders for me when he left Los Angeles.
The question then put to General Kearney on this point was, ' Did you
leave any orders for Lieutenant-Colonel Fremont, or take leave of him,
or give notice to him of your going away, or let him know where you were
going?' The answer is, 'I did not;' this answer applying. categorically
and negatively to all four points of the interrogatory, and establishing
the fact that General Kearney left Los Angeles without leaving any orders
for me, without taking leave 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 dootrkie of
constructive criminality rather too far (even 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 discipUne, any act done after he was gone, when I had no pos
sible guide but my own discretion.
" Specification 3, under the charge of mutiny, and also for disobedi
ence of orders, is, for the order of Louis McLane, Esq., of the United
States navy, in his character of major of artillery 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 General Kearney's authority, and my own right!
and duties as governor and commander-in-chief in California, and the
nullity and inapplicability ofthe order of January 16th, 1847.
" Specification 4, under the charge of mutiny, is based on the le'ter
of February 7 th, 1847, 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 which the ingenuity of this prose
cution has contrived to represent it. " ' U. S. Snip Independence, )
Harbor of Monterey, February 13, 1S47. J
" ' 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

282 LIFE AND SERVICES OF JOHN C. FREMONT.
for my answer, and will also avail myself of your kind offer, to forward
dispatches to the United States.
" ' When I wrote to you on the 25th ultimo, I was not informed of the
arrival of Brigadier General Kearney in California, and addressed you as
the senior officer of the army in the territory ; ..on the 28th, however,
having understood that the general was at Los Angeles, I addressed a
similar letter to him.
" ' On the 8th instant, General Kearney arrived in this harbor, in the
sloop-of-war, Cyane, and left by the same conveyance on the 11th, for
San Francisco. While the general was here, we consulted fully, as en
joined on me by my instrnctions, and on him by his, on the measures
necessary to be taken by us for the security of the territory of Califor
nia. " ' I am looking daily for the arrival of Commodore Stockton in this
harbor, when I shall, of course, receive from him a full account of the
measures taken by him while in command of the squadron.
" ' It is to be hoped that the pleasure of the President of the United
States on the subject of the organization of a civil government, and of
the measures taken by Commodore Stockton and yourself, may be soon
known, and it will give me pleasure at all times to co-operate with the
civil government, as well as with the miUtary commander-in-chief, for the
peace and security of the territory.
" ' I regret tosay that, not anticipating any unusual draft on them, tke
funds brought by me are barely sufficient, with the most economical ex
penditure, to meet the wants of the squadron.
" ' I am, very respectfully, sir, your most obedient servant,
'"W. Branford Shubrick,
" ' Commander-in-chief, IT. S. naval fortes.
" ' Lieutenant Colonel Fremont, &c, &c, &c.'
"The plain deductions of this letter are, that Commodore Shubrick
and General Kearney, having met at Monterey, had consulted together,
compared their several instructions, agreed upon their respective powers,
and arranged the course of action they judged proper. All this appears
in the third paragraph. What the course of action agreed upon was, is
to be drawn from the fifth paragraph ; and the necessary inference is,
that it had been found either not competent, or not propSr, to disturb
the existing state of affairs, before 'the pleasure of the President'
should be further ascertained. The letter does not bear any other inter
pretation ; so that, whatever the tenure of my office as governor may
have been previously, this amounts in the legal phrase, to quieting me in

STOCKTON AND KEARNET. 283
possessic-n, by common consent, till such time as the government at
home should direct differently or definitively. This is the plain import
of the letter, and if anything contrary to it was intended, I never heard
of it, nor w«s anything contrary done, till more than two weeks after the
contingency reserved (farther instructions from the government) had
happened. That I did not misconstrue this letter, as I received it then,
and as circumstances justified my construction of it, is rendered certain
by the additional light which I have upon it now. This additional light
is found in the dispatch of Commodore Shubrick to the government, of
even date with the above letter to me. In this dispatch is tho following :
'"Sir: Since my letters ofthe 26th, 27th, and 28th ultimo, no impor
tant change, so far as I can learn, has taken place in the territory. The
people seem to be settling down into quiet acquiescence in'the change
of government. Those best acquainted with their temper and disposition,
do not apprehend further disturbance of the peace of the country.
" ' General Kearney arrived here on the 8th, in the sloop-of-war
Cyane; and, after the adoption of such measures, as we thought neces
sary here, / sent him to San Francisco, in the Cyane, to which place I
should have accompanied him, but that I am looking daily for the arrival
of Commodore Stockton from San Diego, and it is important that I
should receive his reports before I go further.
" ' You will have learned ere this that an unfortunate difference has
taken place between Commodore Stockton and General Kearney, and
between the general and Colonel Fremont, growing out of the appoint
ment of Coloiiel Fremont as civil governor of California by the commo
dore, and the refusal of the colonel to recognize the authority of the
general. " ' I have, as enjoined on me by my instructions, exchanged opinions
with General Kearney, and shall continue to concert with him such mear
sures as may seem best for keeping quiet possession of California.
" ' With regard to thq civil government of territory, autliority for the
establishment of which is contained in your instructions to Commodore
Sloat, of 12th July last, which I received by the Lexington, measures
have been, in my opinion, prematurely taken by Commodore Stockton,
and an appointment of governor made, of a gentleman who, I am led to
believe, is not acceptable to the people of California ; but as the intention
to make the appointment was, I understand, communicated to the Presi
dent as early as August last, and information as to his wishes may be
soon expected, / have determined to await such information, and confine
myself for the present, to arrangements for the quiet possession of tlie
territory, and for the blockade ofthe coast of Mexico.'

28 i LIFE AND SERVICES OF JOHN C. FREMONT.
"Now, this is conclusive of Commodore. Shubrick's intentions and opin-
ions'his views of his authority, and of the manner he dete-mined to ex
ercise it. It is conclusive that though he was pleased to impute precipi
tancy to the action of Commodore Stockton, and had been ' led to
believe ' that the appointment made by him was not of the right sort of
a~person? yet that he did not question its legality, nor the authority for
making it. It is also conclusive that whatever doubts he had as to the
propriety of the appointment made by Commodore Stockton, he did not
feel authorized, even under the powers whioh he held, to disturb it ; or
at least that he declined to do so. Not to disturb, was to continue ; ' to
await ' the information from the government, concerning the appoint
ment, was to recognize the appointment in the meantime, and, in effect
(if that had been necessary), to confirm it.
"Such was the action of Commodore Shulrick after a comparison of
his instructions with those of General Kearney, after consultation with
that officer ; and such was the effect of that action upon my appoint
ment. " I now proceed to show that, in determining on this course of action,
Commodore Shubrick had the agreement and acquiescence of General
Kearney. This appears in the official dispatch of tho letter of 15th March,
which, after relating his meeting with Commodore Shubrick at Monterey,
on the 8th of February, proceeds as follows :
" 'On my showing to Commodore Shubrick my instructions from the
War Department, of June 3d and 18th, 1846, he was at once prepared to
pay all proper respect 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 commander of the troops in California, which Commodore Stockton
and Lieutenant-Colonel Fremont had hitherto refused. He then showed
me the instructions to Commodore Sloat of July 12th, from the 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
directions for Commodore Sloat to take charge of the civil affairs in Cali
fornia, I immediately -told Commodore Shubrick that / cheerfully acqui
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 Halleck, of the engineers, besides
Captain Turner and Lieutenant Warner, when was made a reconnois
sance 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 Shubrick over the civil affairs of the territory, and acquiesced

THE DEFENCE. 285
in tho determination of thai officer not to disturb Commodore Stockton's
appointment until further information from the government ; and that
the two agreed upon their separate duties in the premises. This letter
also establishes another important circumstance, viz. : the true weight
and value attached by General Kearney himself to his instructions. ' On-
showing to Commodore Shubrick my instructions, he was at once prepared
to pay all proper respect to them, and being at that time commander-in-
chief of the naval forces, he acknowledged me as the head and com
mander op the troops," &c. The latter part of the sentence rests
entirely upon General Kearney ; the letter of Commodore Shubrick,
containing nothing ofthe sort, and the phrase used in it towards General
Kearney, viz. -. ' i" sent him in the Cyane,' &c, would seem to imply the
contrary. But grant General Kearney's position, and it results that in his
own estimation a 'proper respect' to his instructions' only required 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 stating that ' he acknow
ledged me as tho 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 iu
presence of two of my military family, / offered to make him commandcr-
in-c'tief over all of us. Tie said no; that the force was mine.'
" The agreement as to their respective powers, between Commodore
Shubrick and General Kearney, and the determination of the former,
with the acquiescence 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
tho receipt of the instructions, which they had determined to await. The
wrong consisted in not obeying those instructions. I put out of view
entirely, in this connection, my right to be lawfully and regularly relieved,
and plant myself on the express letter ofthe instructions of the 5th Novem
ber. These are mandatory to the naval commanders to relinquish the con
trol of the civil administration, and to ' turn over ' the papers connected
with it. The only way in whieh they could be obeyed was for that com
mander to inform me of tho 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 prosecution — they weee
not obeyed. I was kept m ignorance of the wishes of the government,

286 LIFE AND SERVICES OF JOHN 0. FREMONT.
and General Kearney undertook by wrongful orders to get possession from
me of what he could only lawfully receive from Commodore Shubrick.
" And on this I leave the defence of this act, both where it is charged
as mutiny, and where as an offence against discipline.
" Specification 5, under the charge of mutiny, is based on the letter
to Mr. Willard Hall and charged as a design to persuade him (Mr. Hall)
to aid me in my mutiny against General Kearney. The first answer of
Mr. Hall to the first question put to him (31st day) entirely negatived
that charge. On the day after Mr. Hall came into court, and desired to
explain his testimony. The explanation went to show that by the expres
sion in the letter, ' cannot suffer myself to be interfered with by an
other,' that General Kearney was meant. The answer to the next question
however, was, that General Kearney was not there at the time, and that
Mr. Hall did not know where 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.
" Specification 6, under the charge of mutiny, is based on the pur
chase of an island near the mouth of the San Francisco Bay, for the
United States, taking the title to the United States, and promising thp
payment of $5,000.
" 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 which, if
I understand the prosecution, and the decision of this court, refusing to
receive any evidence to the point, is admitted.
" Specification 7, under the charge of mutiny, and specification 4,
under the charge of disobedience of orders, are for the same act or acts,
and wiU be considered together. Not mustering the men of the Califor
nia battalion for payment is one of the points of the charge : the evidence
shows that the men, without exception, refused to be mustered. The
officers, whose pay would not be materiallly affected, were wilUng to be
mustered. Not marching the battalion to Yerba 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 Marcli '
on the 16th I gave my orders to Captain Owens, based upon my intended
visit to Monterey, and on their face intended to keep the troops in a con
dition to sustain themselves, or to repel actual invasion.

THE DEFENCE. 287
" No notice of tho President's instructions of the 5th of November
was sent to me, nor did the joint proclamation, or any other paper that I
ever saw, refer to them. I was then governor and commander-in-chief
in California, and had a right to be regularly relieved, if any instructions
had terminated my power, and no one had a right to depose me by force
and violeuce.
" The statement which I shaU now make, is based upon the evidence
given by different witnesses, who testified to the points I shaU mention,
of whom Major Gillespie, Colonel Russell, Lieutenant Minor, ofthe navy,
Captain Cooke, Lieutenant "Loker, were the principal.
" After the capitulation of Couenga, the country immediately sub
sided into profourfd tranquillity, and security of life, person, and property,
became as complete as in any part of the United States. Travelling or
at home, single or in company, armed or defenceless, all were safe.
Harmony and good will prevailed, and no trace of the suppressed insur
rection, or of resentment for what was passed, was anywhere seen. I
lived alone, after a short time, in the ancient capital of the governors
general of Los Angeles, without guards or miUtary protection ; the bat
talion having been sent off nine miles to the mission of San Gabriel. I
lived in the midst of the people in their ancient capital, administering the
government, as a governor lives in the capital, of any of our States.
" Suddenly, and in the beginning of the month of March,, all this was
changed. ' Men, armed to the teeth, were galloping about the country.'
Groups of armed men were constantly seen, the whole population was
in commotion, and everything verged towards violence and bloodshed.
For what cause ? ' The approach of the Mormons, the proclamations
incompatible with tho capitulation of Couenga, the prospect that I was
to be deposed by violence, the anticipated non-payment of government
liabilities, and the general insecurity which such events inspired. Such
was the cause. I determined 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." I then made that extraordinary ride of
which testimony has been given. General Kearney is the only witness
before the court of what took place at Monterey. He seems to know
but of two events in my interview with him : that I insulted him, and
offered to resign my commission. It can hardly be supposed that I rode
400 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
established by the testimony before the court. To the question, whether
I did not mention the government liabilities, the answer was that he did
,. not recoUect it, but wdnld have refused if the application had been madei

288 LIFE AND SERVICES OF JOHN C. FREMONT.
Th>t I was interrogated in presence of a witness, and admonished of the
importance of any answers, is proved by himself. It was at that time
already resolved, as has since appeared, to arrest and try me for mutiny
so that something of more importance to me still seemed to Im impend.
ing. A little time was allowed for me to consider. No communication
was made to me of the instructions of November 5th. Supposing that
I was to be deposed by force and violence, I submitted, in order to pre
vent that consequence, and the injurious results to the public service
that would foUow such a. contest, and returned to Los Angeles.
" These are the meagre facts which the evidence discloses, and on
which I rely for my defence to all tho allegations of this specification.
" But I think proper to add, that the orders embracedln the specifica
tion, though they were all complied with, as far as the state of the
country would allow, were, with a single exception — that of re-mustering
the battalion — iUegal. The instructions of the 5th of November direct
that the naval commander shall ' relinquish ' to General Kearney, or
Colonel Mason, the control of the civil administration, and ' turn over '
all papers connected with it. ¦ Simple obedience to the instructions
themselves, therefore, made their communication to me, and my conse
quent regular and lawful relief from the governorship, necessary, and all
orders of General Kearney, or any other person, inconsistent with that,
were unlawful, while the, one concerning the archives were contrary to
the express letter of tho instructions.
" Specification 8, under the charge of mutiny, and 5, under that of
disobedience of orders, are based on the same act, and receive the same
answer with the last mentioned specification.
" Specification 9, of mutiny, is based upon the act of ordering the col
lector at San Pedro, on the 21st of March, to receive government paper
in discharge of public dues, &c. ; and the answer to it is, that the order,
in writing, of that day was to cover a verbal order previously given, the
officer wishing the written order for his justification ; that neither Com
modore Shubrick nor any other person gave me any notice of the Presi
dent's instructions of November 5, 1846, and that I had not then, nor
until a week afterwards at Monterey, yielded to what I believed to be a
design to depose me, by force and violence, from the governorship of
California. "¦Specification 10, ofthe charge of mutiny, and 6, of disobedience of
orders, all refer to acts done when I was governor and commander-in-
chief in California, and are in alleged violation of the order of January
16, 1847. I refer to my previous answers to show tbat I was governor
at that time, and to show the nuUity and inapplicabUity of tho orders df
January 16, 1847.

THE DEFENCE. 289
" Specification 11, of mutiny, and 7, of disobedience of orders, are
based on the same act : that of not obeying the order to repair to Mon
terey, given to me on the 26th and 28th days of March. This failure to
obey that order is sufficiently accounted for in the testimony, which
shows the danger of travelling at that time ; and there was nothing on
its face, or in the testimony in relation to it, which showed it to be
urgent, or that the public service required risks of person or Ufe 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 the
meaning of an order to be obeyed at all hazards ; and the first clause of
the order, written on the 28th day of March, directing me to consider aU
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 foUowing is the clause of that order :
" ' Head-qoarters, 10th Militart DePARTMEHT, ).
" ' Mo.nterly, California, March 28, 1847. )
" ' Sir : This wiU be handed to Jou by Colonel Mason, lst dragoons,
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 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 aU the orders given to me on and after the
lst 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 against his wishes a moment
ranger thair the necessities of thu service may require.'
13

290 LIFE AND SERVICES OF JOHN 0. FREMONT.
" This order was carried out hy Colonel Mason, and came to the hands
of General Kearney before any orders issued by him with respect jo me
on the lst March, on which day he addressed an official letter to me,
reciting that he had the directions of the general-in-chief not to detain
me against my wishes a moment longer than' the necessities of the
service required, and leaving me at ' liberty ' to leave the country, after
I had complied with the instructions in the letter and with the orders
referred to.' I rely upon the concluding paragraph of this official letter
to prove that General Kearney, at that time, could not have considered
criminal, and worthy of the prosecution now carried on, any act of mine
previous to the writing of that letter.
" The foUowing is the letter-: '
" ' Head-quarters, 10th Milttabv Pet-artmknt, )

' Monterey, U. C. Mwrcfi *, i&47.

n it

' Sir : By department orders, No. 2, of this date, which will be
handed to you by Captain Turner, lst dragoons, A. A. A. G., for my
command, you will see that certain duties are there required of you as
commander of the battaUon of CaUfarnia volunteers.
" 'In addition to the duties above referred to, I have now to direct-
that you wiU bring with you, and with as little delay as possible, all the
archives and pubhc documents, and papers, which may be subject to
your control, and which appertain to the government of California, that
I may receive them from your hands at this plaee, the capital of the ter
ritory. 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 liberty to leave here after
you have comphed with these instructions, and those in the " orders "
referred to. " ' Very respectfully, your obedient servant,
" ' S. W. Kearney
" ' Brigadier General and Governor of California.
" ' To Lieut. Col. J. C. Fremont,
" ' Regiment of Mounted Riflemen, com
manding Battalion of California
Vols., Ciudad de los Angeles.'
"Having now answered aU the specifications under the charges of
mutiny and disobedience of orders, I have to say that five of the same
acts on which these specifications are founded, «,re also laid under the

THE DEFENCE. ? 29l
charge of conduct prejudicial to good order and discipline. I am ad
vised by counsel that offences enumerated in the rules and articles of
war cannot be prosecuted among the non-enumerated offences of the
99th article of war (Hough, page 630), but I take no exception to any
illegality or any irregularity, if sueh there be in the charges, and make
the same answers to these five specifications, under the charge under
which they are last found, as was made under the two preceding
charges. " I have deemed it my duty to reply to each specification, because it
is the duty of the oourt to find upon each, and because it is right to show
my conduct consistent^ and proper with all points. I obeyed orders,
after the lst of March, to avoid bloodshed and violence. Not relieved,
as governor, and deeming them illegal, I obeyed. Now, being put upon
my trial, according to law, I claim the benefit of law, and to be consider
ed governor until I was relieved. In themselves, most of the specifica
tions, after the first leading ones, are either cumulative or insignificant in
the presence of the grave ones which precede them, and which would
hardly, of themselves, have been considered worthy of such a prosecu
tion, and while replying separately to each of these minor and cumula
tive accusations, I refer to the main leading argument at the opening of
the charges of mutiny, jn usurping the office of governor, and disobe
dience to the order of January 16, 1847, as presenting the general and
sustained defeuce'which the gravity of the charges required.
" I now come to a different part of my defence — but of which I fairly
gave notice to the court, and through it to the prosecution, at an early
stage of this trial — that of impeaching the motives and tlie credit of the "
prosecuting witness. To do this is both legal and fair, where there is
just ground for it ; aDd that is abundantly the case in this instance. A
•prosecutor should have none but pubUc motives ; his testimony should
be scrupulously fair towards the accused. If he contradicts other wit
nesses, which General Kearney has so much done, it becomes necessary
to weigh their respective credit ; and in doing this I have a right, and
moreover, it is my duty to myself and to others, to produce instances of
erroneous 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 they contradict him. To this part of my defence I now proceed,
and speak first of the acts which go to the motives of the. prosecutor :
" 1. Giving me no notice of his intended arrest. He admits that this
arrest was resolved upon in January, 1847, and that I had no notice of it
until I was actually arrested on the frontiers in the latter part of August

292 LIFE AND SERVICES OF JOHN C. FREMONT.
following. Others were informed of it, but not myself, the one above
all others the most interested to know. I was brought across the conti
nent in a state of virtual imprisonment, to be tried for a, multitude of
offences, charged to have been committed on the shores of the Pacific,
without the warning which would enable me to bring evidence to meet
a single charge ; while my accuser and general, brought with him all that
he deemed necessary either of written evidence, or of witnesses to insure
my conviction. It is impossible, in my opinion, to reconcile this con
duct with any fair and honorable motive. It laid me under the necessity
of choosing between a trial, brought on by surprise, and almost without
the means of defence, or of suffering ruinous charges, enforced by news
paper publications, to hang over my head. The latter, according to
Major Cooke's testimony, seems to have been General Kearney's calcula
tion ; and as I deemed the effect 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 be
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
horses to do so, and had not the least doubt 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 operations impending, and since so gradually executed.
The refusal to let me go did me many injuries which a soldier can feel ;
and, besides, left me involved in debts for my preparations, and was,
further, in violation of General Scott's directions, not to detain me in the
country, against my wishes, a moment longer than the necessities of the
service required ; and, also, in violation of his own official letter to me
of March 1, 1847, leaving me at liberty to quit the country when I
pleased, after complying with a few small orders, not amounting to " ne
cessities " of the service, but which were compUed with.
" 3. Taking away from me the c.ommand of my topographical party ;
taking away the scientific instruments 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 geographical and scientific knowledge ;

THE DEFENCE. 293
making me follow on his trail in the rear of his Mormon escort. All this
after he had, in conformity to General Scott's instructions, previously
left me at ' liberty ' to quit California when I pleased, after executing
the few small orders above referred to.
" 4. Interfering with Commodore Biddle to detain Major GiUespie in
California, an officer known to have been intimately associated with me
in California, and who, arriving a fortnight after this trial had com
menced, has shown himself to be a material witness for me. The fact
of interference is admitted ; the circumstances attending it are most
suspicious ; the reasons given for it most inadequate, and, besides, contra
dicted by the fact that Major Gillespie was soon after allowed " to go
about the country,' and did nof do the mischief which had been appre
hended from his being at large. The detention of Major Gillespie was
the detention of Commodore Stockton and his party ; so that this
interference delayed the arrival not only of Major Gillespie, but of
Commodore Stockton, Captain Hensley, and other material witnesses
who came with him.
" 5. Not communicating to me his knowledge of the instructions of
the 5th of November and 12th of July, 1846, when a knowledge of
those instructions was so necessary for the safe guidance of my conduct.
The excuse, in relation to that of the 5th of November, that he was not
in the habit of communicating instructions to juniors, is invalidated
by the fact of the previous communication of those of June, 1846, 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
me and against the battalion under my command, without giving
me any knowledge of such representations, and which I 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 now 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. Certainly the publio service, to
say 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

294 LIFE AND SERVICES OF JOHN C. FREMONT.
Angeles, where -I was, with the power and authority over me, of which
I was officially advised by letter of that date. I now only mention
the order, in connection with my reception at Monterey, as repre'
sented by General Kearney, and add nothing to it. I do not go beyond
the evidence.
" 9. The fact of not relieving me in some legal form from the duties of
governor of California, after the President's instructions of the 5th of
^November arrived, and concealing from me all knowledge of those
Instructions, while putting the interrogatories, the answers to which he
has sworn he warned me might be of so much importance.
" 10. The march of the Mormons upon Los Angeles, when I was
expected to be there, and would have been, except for the urgent business
which carried me to Monterey — the ' crushing ' that might have taken
place, if a ' revolt ' of the people had not been apprehended — and
all the circumstances of that movement I leave where the evidence
placed it.
" 11. The conduct of Colonel Mason to me at Los Angeles (so far as
the evidence discloses it), is by me referred to the lull authority over me
with which he was clothed by General Kearney, and of which I was noti
fied in, this clause of General .Kearney's official letter to me:
" ' Sir : This will be handed to you by Colonel" Mason, lst dragoons,
who goes to the southern district, clothed by me with full authority to
give such orders and instructions in that section of the country as he
may deem proper and necessary. Any instructions he may give to you
wiU be considered as coming from myself.'
" 12. The exhibition of myself and the citizens of my topographical
party at Monterey, on the 30th May — the circumstances of the march
from that place to Fort Leavenworth, and the manner of the arrest there
— I leave in like manner where the evidence placed it ; giving it as my
opinion, in the twelve instances enumerated, besides in many others to
be seen in the testimony, that no presumption of acting from a sense of
public duty can outweigh the facts and appearances to the contrary, and
that all these twelve instances, and others to be seen in the testi
mony, g° to impeach his motives in this prosecution.
" I now proceed to the last point of my defence— the impeachment
of the credit of General Kearney as a witness before this court. The
law gives me the right to do so. Morality condemns the exercise of that
right, unless sternly justified by credible evidence. I feel eo justified.

THE DEFENCE. 295
I also feel that this case, above all others, admits of the exercise of aU
the rights against this witness which the law and the evidence aUow to
the accused.
" It is a case in which the witness comprises, in his own person, the
character of accuser, prosecutor, leading witness, commanding general
arresting officer — and bringing me, by virtue of his superior rank,
three thousand miles across the continent, to be tried, without warning
upon unknown charges, or to be ruined by infamous accusations hanging
over me and urged in the newspapers. This is the case, and I claim in
it the right of impeaching the credit of the witness, both upon his own
swearing and that of others.
¦' Referring then to the points on which the credit of the witness is
already impeached in other parts of the defence, I wiU first caU atten
tion, under this head, to what relates to the expedition of December and
January, 1846 and 1847, from San Diego to Los Angeles, and especiaUy
with reference to the testimony concerning the command of the troops
in that expedition. ThU is a matter on which General Kearney lays great
stress throughout, bottoming, at one time, his claim to chief authority
in the province, mainly on the results of that expedition, and his alleged
command of it. I shall, consequently, examine and test what he says in
relation to it, with some minuteness.
" And first as to the point, at whose instance 'was the expedition raised
and marched? There is a great discrepancy here. In General Kearney's
letter of 17th January, to the department he says :
" ' I have to state that the march of the troops from San Diego to this
place was reluctantly consented to by Commodore Stockton, on my urgent
advice that he should not leave Lieutenant-Colonel Fremont unsupported
to fight a battle on which the fate of California might, for a long time,
depend ; the correspondence to prove which is now with my papers at San
Diego,' &c, &c.
" In his cross-examination, on the fourth day of the trial, he says :
" ' In the latter end of December, an expedition was organized at San
Diego to march to Los Angeles to assist Lieutenant-Colonel Fremont ;
and it was organized in consequence, as I believe, of this paper, which is a
copy of a letter from me to Commodore Stockton,' (referring to his letter
of December 22, hereafter quoted.)
" Let us contrast this first positive assertion, and second more reserved
declaration of beUef, with facts, with other testimony, and finaUy with
the ' proof which General Kearney tenders.
" Commodore Stockton testifies :

296 LIFE AND SERVICES OF JOHN C. 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 commander-in-chief over all of us, aud I offered to go as his aid-de
camp. He said no ; that the foroe was mine ; and he would go as my
aid-de-camp, or accompany me.'
" Now, ' to go ' where ? to ' accompany where ?
" This, if not sufficiently explicit, is made entirely so by the certificate
of Messrs. Spieden and Moseley, of the navy, offered by 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: " ' We, the undersigned, were present at a conversation held between
Commodore Stockton and General Kearney, at San Diego, shortly after
the arrival of the general, in which conversation the commodore offered
to give to General Kearney the ' command in-chief ' of the forces he was
preparing to march with to the Ciudad de los Angeles, and to act as his
aid-de-camp. This offer the general declined, but said he would be most
happy to go with the commodore as his aid-de-camp, and assist him with
his head and hand. " ' William Spieden, XT. S. N.
" ' Samuel Moselet, U. S. N.
" ' Sas Diego, February 5, 1847.'
"Again Commodore Stockton testifies that, at a subsequent interview,
a few days afterwards he made to General Kearney ' the same offer, 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 not the inducing cause of the expedition, as ' believed,' in Gene
ral Kearney's testimony, and that 'the march of the troops' was not a
matter that Commodore Stockton ' reluctantly assented to,' as asserted in
General Kearney's official letter ; and it is also certain that General
Kearney could not have supposed either to be the case, for he had been
informed ten days before of the design to send the expedition ; that ;t
was ' preparing to march ;' and he had been twice offered, and had
twice declined the command of it.
"Commodore Stockton further testifies :
" I now set to work to make the best prep\rations I could to commence
our march for the Ciudad de los Angeles. During this time an expedi
tion that had been sent to the soiitli for horses returned, and brought

THE DEFENCE. - 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 he
Wrote to me this note : „" ' San Diego, December 23, 1846.
"#' Commodore : In compliance with your verbal instruction to examine
and report upon the condition of tbe pubUc horses turned over to me for
the use of C Company, lst dragoons, I have the honor to state that, in
my opinion, not one of the horses referred to is fit for dragoon servioe,
being too poor and weak for any such purpose ; also, that the company
pf 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,
"'H. S.Turner,
" ' Captain 1st Dragoons commanding company G.
" ' Commodore R. F. Stockton,
" ' United States Navy, Commanding, &c. &c.'
" 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 to 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 uot
only been repeatedly informed that the expedition was in preparation, and
he had been twice offered the command of it, but not tiU the horses and
cattle for its use had actuaUy 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 Commodore Stockton, on my
urgent advice that he should not leave Colonel Fremont unsupported

298 LIFE AND SERVICES OF JOHN C. FREMONT.
to fight a battle on which the fate of California might for a long time
depend ; the correspondence 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 order! for
the march. I will set out aU of them : " ' San Diego, December 22, 1846.
" ' Dear Commodore : If you can take from here a sufficient 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 that force as early as possible in the
direction pf 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 act 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. Kearney,
" ' Brigadier General.
" 'To Commodore Stockton,
" ' Commanding United States Forces, £B» 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 you yesterday morning at your quarters. I stated to you distinctly
that I intended to march upon St. Louis Rey as soon as possible, with a
part of the force under my command, and that I was very desirous to
maroh on to the Pueblo to co-operate with Lieutenant-Colonel Fremont ;
but my movements after, to St. Louis Rey, would depend entirely upon
the information that I might receive as to the movements of Colonel

THE DEFENCE. . 299
Fremont and the enemy. It might be necessary for me to stop the pass
of San Felipe,. or march back to San Diego.
" ' Now, my dear general, if the object of your note is to advise me to
do anything which would enable a large force of the enemy to get into
my rear and cut off my communication with San Diego, and hazard the
safety of the garrison and the ships in the harbor, you wiU excuse me for
saying I cannot follow any such advice.
" ' My' purpose still is to march for St. Louis Rey as soon as I can get
tlie dragoons and riflemen mounted, which I hope to do in two days.
" ' FaithfuUy, your obedient servant, "'R. F. Stockton,
" ' Commander-in-chief and governor
of the territory of California.
" ' To Brigadier General S. W. Kearney,
" ' United States Army.' " ' San Diego, December !8, 1846.
" Dear CommOdSre : I have received yours of this date, repeating, as
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 safety 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, <&c, San Diego.'
" ' General Orders :
" ' The forces composed of Captain Tilghman's company of artillery, a,
detachment of the lst regiment of dragoons, companies A and B of the
CaUfornia battalion of mounted riflemen, and a detachment of sailors and
marines, from the frigates Congress and Savannah and the ship Ports
mouth, will take up the line of march for tlie Ciudad de los Angeles on
Monday morning, the 28th instant, at 10 o'clock, A. M.
" ' Bv order of the commander-in-chief.
' '"J. ZlELAN,
" ' Brevet Captain and Adjutant
« < Sab Dntoo, December 28, 1846.'

300 LIFE AND SERVICES OF JOHN C. FREMONT.
"The character of this correspondence .entirely destroys General
Kearney's asseverations ; both the one in his report that Commodore
Stockton 'reluctantly" consented' to the march ofthe troops, and the one
before the court that he 'believed' that the expedition was organized in
consequence of his letter of advice.
" Commodore Stockton's letter is explipit both of his present and pre
vious ' intention,'* ' 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 declarations of Commodore Stockton.
" The" next question in connection, with this expedition is who was its
commander I General Kearney says he 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 foUowing is the first paragraph :

" ( Headquarters, Army of the West, 1
u ' Ciudad de los Angeles, Jam,. 12, 1847. j
" ' Sir : I have the honor to report that, at the request of Commodore
R. F. Stockton, United States navy (who in September last assumed the
title of governor of CaUfornia), I consented to take command of an expe
dition to this place (the capital of the country), and that on the 29th
December, / left San Diego 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 (topographical engineer) acting as assistant adjutant
general. Commodore Stockton accompanied us.'
"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 :

THE DEFENCE. 301
"( Puebla db los Angeles, I
" l January 12, 1S4T — Tuesday, 6 p. m. j
" 'Dear Fremont : I am here in possession of this place, with sailors
'and marines. 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.
" ' Acknowledge the hour of receipt of this, and when I may expect
you. Regards to RusseU. " ' 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.)
" ' In the latter end of December, an expedition was organized at San
Diego to march to Los Angeles, to assist Lieutenant-Colonel Fremont,
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 styling himself. * * * * He determined on the expedition, and on
the morning of the 29th December the troops were paraded at San Diego
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 caUed several officers
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 as
Governor and commander-in-chief in California.' ' We marched toward
Los Angeles,' &c. * * * * 'The troops, under 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, on
the 29th December, 1846, for the march to Los Angeles. I commanded

302 LIFE AND SERVICES OF JOHN 0. FREMONT.
rnEM on the expedition; Commodore Stockton accompanied us. I
exercised no command whatever over Commodore Stockton, nor did he
exert any whatever over me.'
'¦ Afterward (fourteenth day) under examination by the court^ and
when information had been received here of the arrival of Commodore
Stockton in the country, the witness greatly modified his position on this
point, and admits several acts of authority done on the march by Com
modore Stockton, and that he ' felt it his duty ' to ' consult the wishes of
the commodore.'
" ' I found Commodore Stockton, on my arrival at San Diego, on the
12th December, 1846, 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. He had assumed the title of Governor of Califor
nia in the month of August previous. All at San Diego addressed him at
' governor.' I did the same.
" ' After he had determined on the march from San Diego to Los An
geles, the troops being paraded for it on the 29th December, he, in the
presence of several officers, among whom was myself, Captain Turner,
of the dragoons, and Lieutenant Minor, of the navy, and others, whose
names I do not recollect, remarked to them : ' Gentlemen, General
Kearney has kindly consented to take command of the troops in this ex
pedition ; you wiU therefore consider him as your commander. I will go
along as Governor and commander-in-chief in California.' Under Com
modore Stockton's directions every arrangement for the expedition was
made. 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 beUeve, 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 communication without consulting me. On the march
I at no time considered Commodore Stockton under my direction ; nor
did I at any time consider myself under his. His assimilated rank to
officers 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 under 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 aU important subjects to consult his wislies, and, as far as I consist
ently could do so, to comply with them.'
"But it was not till the fifty-first day of this trial, when he had had the

THE DEFENCE. 303
benefit of several weeks' reflection, ad,ded to information of the charac
ter of the testimony delivered by Commodore Stockton and others, and
when he came into court fortified with his own questions, drawn up by
himself to square with pre-arranged answers, that he could be brought
to the point of admitting that, during the march, the commodore exer
cised the prerogative of sending him what he calls ' messages,' but the
commodore calls ' orders ' and had directed many movements of the ex
pedition. But even this day's admissions are so 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
said to the troops before marching 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 territory, and the com
mander-in-chief of the troops. This is his precise version of Governor
Stockton's remarks : ' Gentlemen, General Kearney has kindly consented
to take command of the troops in this expedition ; you will therefore
look upon him as your commander. I shall go along as Governor ana
commander-in-chief in California.
" This fine-spun distinction seems, in fact, the corner stone of General
Kearney's claim to have beerfthe 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. " I 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 weU as any other ; for if Commodore Stockton was gov-
ornor and commander-in-chief of California, his authority was sufficient
fQr my case, since Los Angeles, where I believe the charges are all laid,
is certainly within that province. But the distinction drawn in the
version given by the witness was considered important by him, and that
version is contradicted ; and this is the point of view in which I present
it. It is contradicted by Commodore Stockton, Lieutenant Gray, Lieu
tenant Minor, and the certificate of Lieutenant Rowan, aU whose concur
rent testimony affirms that Commodore Stockton's reservation of autho
rity related to the commander-in-chief of the expedition, without the
words of qualification to which General Kearney testifies ; and it is worthy
of note that, though a witness of the prosecution, Captain Turner was
present at the address, the prosecution have not thought proper to bring
him to sustain General Kearney thus contradicted.

304: LIFE AND SERVICES OF JOHN C. FREMONT.
" A few detached passages frem the testimony wiU show how mate
rially General Kearney is contradicted, in other respects, upon this point
of the command :
" General Kearney : ' By the act of Commodore Stockton, the sailors
and marines were placed under my command. I commanded them on the
expedition.' " Commodore Stockton : ' During which march I performed all the
duties which I supposed devolved on the commander-in-chief
" General Kearney : ' I exercised no command whatever over Com
modore Stockton, nor did he exert any whatever over me.'
" Commodore Stockton : ' I was in the habit of sending my aid-de-camp
to General Kearney to inform him what time / wished to move in the
morning ; and I always decided on the route we should take, and when
and where we should encamp.'
" General Kearney : ' The troops under my command marched into Los
Angeles, on the 10th of January.'
" Commodore Stockton : ' And when we marched into the city, I led
the way, at the head of .the advanced guard.'
" General Kearney : ' On the march, I at no time considered Commo
dore Stockton under my direction, nor dijLI, at any time, consider 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 tlieir head. I sent
my aid-de-camp, Mr. Gray, to General Kearney with instructions to move
that square, and two pieces of artillery, immediately up the hill.'
" General Kearney : ' During our march, many messages were brought
to me from Commodore Stockton ; those messages I looked upon as sug
gestions and expressions of his wishes. I have, since 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
Kearney's order. I told him to go to General Kearney, and teU 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,
with 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 which General Kearney re-

THE DEFENCE. 305
cognized and acknowledged his (the witness's) commandAn-chief on the
field of battle, as well as in the march.'
" General Kearney : 'During our march, his (Commodore Stockton's)
authority and command, though it did not extend over me, or over the
troops which he had himself given me, extended far beyond,' &c.
" Commodore Stockton : ' Commodore R. F.' Stockton begs leave to
add, &c, that he wishes to be understood as meaning distinctly to con
vey the idea that General Kearney was fully invested with the command
of the troops in the battles of the 8th and 9th of January, subject to the
orders of him, the witness, as commander-in-chief. Most and nearly aU
the execution of details was confided to General Kearney a3 second in
command.' ' He could not attempt to enumerate and specify the many
and important acts of General Kearney as second in command.' ' When
the troops arrived at San Bernardo, I made my head-quarters a mile, or
two miles, in advance of the camp ; and I sent to General Kearney to
send me tlie marines and a piece of artillery, which was immediately done.'
' / ordered the troops all to lie down,' &c. ' After having directed the
troops to be formed, &c, / took the marine guard and two pieces of ar
tillery,' &c. ' On my return, I gave orders where the different officer)
and troops were to be quartered, and ordered the stone flag,' &o.
" General Kearney: 'I exercised no command whatever over Commo
dore Stockton, nor did he exert any whatever over me.'
" Lieutenant Gray : ' Questfon. Did you bear an order from Com
modore Stockton on the 8th of January, in the field, <to General Kearney 1
— 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 tne 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 ?

306 LIFE AND SERVICES OF JOHN O. FREMONT.
" ' Answer. I carried it as an order, in the usual, respectful way.
How General Kearney received it, I, of course, cannot say. He did not
show by his manner, that it was disagreeable to him, according to the
best 6f my recollection.'
" Finally, I shall conclude this point, by showing that General Kearney
did not, and could not, at any time, have considered himself the com
mander of the expedition, or of the troops composing it, and was not so
considered by the army officers who had accompanied him into Cali
fornia, and were there. Because,
" 1. The place which General Kearney held in the expedition was that
which had been before assigned to a lieutenant of the navy, serving
under Commodore Stockton, and this General Kearney knew. This is the
testimony of Commodore Stockton :
" ' After the forces had been paraded preparatory to the march, and I
was about mounting my horse, General Kearney came to me and inquired,
" who was to command the troops?" I said to him, Lieutenant Rowan,
first lieutenant ofthe Cyane, would command them. He gave me to
understand that he would like to command the troops, and after some
further conversation on the subject, / agreed to appoint him to the com
mand, and immediately sent for Lieutenant Rowan,' &c.
" 2. Because, at the moment of receiving the appointment, he was
informed that the cdmmand-in-chief was reserved by Commodore Stock
ton. This is Commodore Stockton's testimony to this point :
" ' I immediately sent for Lieutenant1 Rowan, andf assembling the
officers that were near at hand, stated to them that General Kearney
had volunteered to take command of the troops, but that I retained my
own position as commander-in-chief I directed my aid-de-camp, and
the commissary who was with me, to take a note of what I said on the
occasion.' " And to the same effect is the" testimony of Lieutenant Gray and
Lieutenant Minor, and the certificate of Lieutenant Rowan.
" 3. Because both General Kearney and the officers under him, received
and obeyed the orders of Commodore Stockton, in some instances i»
opposition to those first given by General Kearney, both on the march
and in the battles. The evidence on this point need not be recapitulated.
Commodore Stockton testifies to it, Lieutenant Gray testifies to it, Lieu
tenant Minor testifies to it, and Lieutenant Emory testifies to have received
and obeyed orders from Commodore Stockton.
" 4. Because Lieutenant Emory, attached to General Kearney's dragoon
escort, and acting as assistant adjutant general, did not make his official
report of losses in action in the expedition to General Kearney, but to

THE DEFENCE. 307
Commodore Stockton. True, General Kearney says this was done ' witnout
his knowledge or consent ;' but that is only the stronger proof that he was
not regarded or respected as the commander-in-chief, even by his con
fidential supporters and military family.
" 5. Because he admitted to Colonel Russell, as appears repeatedly in
Colonel Russell's testimony, that he was serving under Commodore Stock
ton, and had been serving under him from San Diego.
" 6. Because when I delivered to him, and he read in my presence, my
letter to him of 17th January, in which is this passage :
" ' / learned also in conversation with you, that on the march from San
Diego, recently, to this place, you entered upon, and discharged duties
implying an acknowledgment on your part of supremacy to Commodore
Stockton,' he made no denial of it, or objection to it.
"7. Because on the 16th of January he applied, in writing, to Com
modore Stockton, ' advising ' and • offering ' ' to take one-half ' of the
command, and march to form a junction,' &c, addressing Commodore
Stockton in that letter as ' governor of California, commanding United
States forces.'
" On the eighth day of the trial General Kearney testified as follows :.
" Question. — Do you know whether the officers of thp battalion raised
it and marched it under commission from Commodore Stockton ?
" Answer. — I have always understood that Lieutenant-Colonel Fremont
had raised that battalion under the direction of Commodore Stockton.
" Question. — With what commission ?
" Answer. — I never heard of Commodore Stockton conferring^ commis
sion on Lieutenant-Colonel Fremont, furtlier 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' object was to ascertain before the
court that the battalion was enlisted, organized, and officered exclusively
under naval authority, and so, of course, subject to the orders of the
naval commander ; and also 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 being inquiries
pertinent to the issues of the trial, and the facts being what was desired.
But the nature of the last answer was such as to leave the original
inquiries unsettled, and to open a new one.
" The answer was this : ' I never heard of Commodore Stockton's con
ferring a commission on Lieutenant-Colonel Fremont, further than having
ppointed him military commandant of CaUfornia;'

308 LIFE AND SERVICES OF JOHN C. FREMONT.
" And the new question raised was whether, in fact, the witness had
' never heard' of a matter 60 notorious in that country. Accordingly, on
the next day General Kearney having mentioned the receipt on the 16th
of December, 1846, ofa certain communieation from Commodore Stock
ton, this question was put.
" Question. — Did not Commodore Stockton, in that communication,
inform you that Captain Fremont had been appointed by him Major,
and Lieutenant Gillespie, of the marines, captain in the California
battalion ?
" And a copy of the paper having been shown to the witness, he
answered :
" Answer. — Among the papers sent to me by Commodore Stockton on
the 16th of December; was a copy of his letter to the Navy Department,
dated August 28, 1846, the second paragraph of which states that he had
organized a Californian battaUon of mounted riflemen, by the appoint
ment of all the necessary officers, and received them as volunteers in the
servioe of the United States ; that Captain Fremont was appointed major,
and Lieutenant Gillespie, captain of the battalion.
• " Again, on the 13th day of the trial, two other papers were shown to
the witness, with this question :
"Were not copies of these two papers, describing him (Fremont) as
Major Fremont, among those furnished to you by Commodore Stockton
at San Diego. And were not copies of them filed in the War Department
Dy you since your return from California, and after your arrival in this
city in September last?
" Answer. — (After reading over the papers,) I think that copies of
these papers were furnished to me by Commodore Stockton. To the latter
part of the question, ' were they not filed by you in-the War Department
since your return from California, and after your arrival in this city in
September last?' I see on the papers the certificate of Captain Townsend
that I did so ; / think Captain Townsend is mistaken.
"But on the following day he admitted that Captain Townsend was
not mistaken ; that the papers had been put into his hands by Commodore
Stockton in December, 1846, and had been filed by him in the war office
as late as the 21st of September last. From all this, however, it only
resulted that he had seen of the appointment of Fremont as major : that
he had ' never heard' of it, was not yet disproved.
" This was accomplished in his testimony on the ninth day, when he
admitted as follows :
" ' Commodore Stockton did inform me, in the conversation alluded to
between us, that California had been conquered in July and August of

THE DEFENCE. 309
the same year (this conversation was held in December), and that Major
Freinont had gone to the north to raise men,' &c. '
" In the same connection, and for the same purpose, the question
arose, whether Lieutenant Gillespie, of the marine corps, was not also an
officer of the battalion ; and the answer of the witness was again such as
not only to leave the original question open, but to raise the new one,
which brings the subject within this branch of my defence. The wit
nesses' answer was as follows :
" ' Captain Gillespie had marched with me from San Diego to Los
Angeles, and was serving under me. If his company was with the Cali
fornia battalion I did not know it.'
"It appeared, however, on examination, that the same communication
(of 28th August, 1846), that informed the witness that Fremont had
been appointed major of the battalion, also informed him that Gillespie
had been appointed captain in it. It further appeared, that in the sur
geon's Ust of killed and wounded in the actions of the 8th and 9th of
January, furnished by Lieutenant Emory to General Kearney, and by him
sent to the department, Captain Gillespie is reported as an officer of the
California battalion; and Captain GiUespie himself gave the foUowing
emphatic testimony :
" ' Question. Did you at any time communicate to General Kearney
your rank and position in the California battaUon ? If so, when and
where was that communication made ?
" Answer. / did communicate to General Kearney my position in the
battalion, on the 5th of December, 1846, about one o'clock in the day,
in the mountains about half way between Santa Maria and Santa Isabel.
When I met him I was at the head of a detachment of volunteers and
Bailors, I having been ordered by Commodore Stockton to proceed to
Warner's Pass to communicate with General Kearney.'
" These inquiries concerning the raising and officering of the batta
Uon 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 instances
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 omission betrayed by the witness, in his manner,
which seems to be habitual, of half -telling, where whole-telling is essen
tial. Thus : On the third day of the trial he commences an answer in
these words : ' About the 14th of January, 1847, I received from Lieuten-

310 LIFE AND SERVICES OF JOHN C. FREMONT.
ant Colonel Fremont a communication, dated,' ate, — the inference being,
of course, that my communication was voluntary ; the fact (and most im
portant one, too,) being, that it was drawn out by no less than four
importunate letters that I had before received. Again, in continuation
of the same narration : ' On the day subsequent, viz., on the 17th of
January, Lieutenant-Colonel Fremont came to my quarters, ami in con
versation,' &c., — the inference being, of course, that I went at my own
instance, whereas the fact (most material and relevant, "and deciding the
character of the interview) turned out, that I went in compliance with
the written request of the witness to see me ' on business.' Again, same
day : ' I was first met by a detachment from Commodore Stockton,' &c.
. . . ' It came from Commodore Stockton, to give me information,'
&o. ; the inference being, that it went voluntarily, or was sent by Com
modore Stockton of his own motion ; the important fact appearing, how
ever, when Commodore Stockton came on the stand, three weeks after,
that it was sent out at the written request of General Kearney, for a party
' to open communication with him,' &c. So, in the same letter, making
this appUcation, he writes to Commodore Stockton as follows : ' Tour
express, by Mr. Carson, was met on the Del Norte, and your mail'must
have reached Washington at least ten days since, ' — omitting the material
fact, that Mr. Carson, in addition to being met, was likewise turned back ;
and leaving the inference, that he had gone on. Again, in his testimony
on the sixth day- of the trial, speaking of his position on the hill of San
Bernardo, the witness says : ' I stated to the doctor and others, that we
would leave next morning, which we accordingly did ; Lieutenant Gray,
of the navy, with a gallant command of sailors and marines, having come
into our camp the night 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 hundred and fifteen 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 qf them
(that by Lieutenant Beale, Mr. Carson, and the Indian) conveyed through
the enemy's Unes and an insurgent population, under circumstances of
devotion and courage unsurpassed, but no mention of which is found in
the official report, or any part ofthe testimony of General Kearney.
"I give.these.as examples, taken only from two days' proceedings, of
a vast deal of the same sort of testimony, running 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, General Kearney testifies as foUows :

THE DEFENCE. 311
" ' The charges on which Lieutenant-Colonel Fremont is now arraigned
are not my charges. I preferred a single charge against Lieut. Colonel
Fremont. The charges on which he is now arraigned have been changed
from mine.' ********.»
" Question (by Lieutenant-Colonel Fremont). Did you give any infor
mation to the person who drew up the seventh specification under the
first, charge, in relation to the cannon ?
" Answer. I did not.
" This testimony was promptly communicated to the War Office, by
my counsel, for the purpose of ascertaining upon whose (if not General
Kearney's), information the charge had been drawn up, as matter neces
sary to be known, unless I would proceed in my defence against un
known and secret prosecutors ; the adjutant general, by direction of the
Secretary of War, returned for answer the emphatic assurance, that the
charges and specifications produced to the court, ' were based upon facts
alleged and officially reported to the department by General Kearney; and
it is not known or understood that any charge or specification has been
introduced, based on facts derived from any other source whatever.'
"In addition to this positive contradiction by the department, the
charges came to the court certified upon their face as being preferred
' upon information of .Brigadier General 8. W. Kearney ;' and myself and
counsel are further informed, by the judge advocate, that the seventh
specification of the first charge is copied literally from the charge fur
nished by General Kearney in his own handwriting.
" This inquiry into the charges, leads naturally to the' subject upon
which that inquiry arose, viz. : a certain mountain howitzer, lost by Gene
ral Kearney at the battle of San Pasqual, and recovered by me at the
capitulation of Couenga. The inquiry was not originally made, with any
view or expectation that an untrue answer would be given to it, and
hence an opportunity arise for contradicting the testimony of the witness.
On the contrary, the object of the inquiry 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 ont 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,
is to say that he may escape from the consequences of one wrong, by

312 LIFE AND SERVICES OF JOHN 0. FREMONT.
committing a greater ; that a fact cannot be proved going to impeach his
motives if he chooses to deny it with a falsehood. But it is the rule of
law and justice that ' a. man shall not profit "by his own wrong ;' and,
therefore, I did not consider myself concluded by the answer of the witr
ness; but, finding by inspection of the charges, that the witness (who I
had understood was the sole accuser against me) had sufficient knowledge
concerning the cannon, to impute the having of it to me o.s a crime, I
inferred that he ought to have had sufficient knowledge of it, to report
the gaining of it to my credit. Hence, I continued the inquiry with
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
Gabriel. WiU 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 answer in these words :
" ' The two howitzers, however, referred to, are the two howitzers
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 Pasqual ?
" ' Answer. I do not.'
" Tw"b 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 I had no personal knowledge of it ; I had
a knowledge of it from an official report made to my staff officer by
Lief tenant Colonel Cooke.'
" Now, on this point, General Kearney is contradicted by bis own wit-

THE DEFENCE. 313
ness ; for Lieutenant Colonel Cooke testifies to having received from
General Kearney orders in relation to the cannon before he ever made
any report on the subject.
" This is from Major Cooke's testimony in chief, deUvered on the four-
. teenth day of the trial :
" ' On the lAth of March, I rode out from Los Angeles to the mission
Of San Gabriel, accompanied, &c. I caUed on Captain Owens at his
quarters, and shortly after asked to look at the artillery. He showed
them to me in the court ofthe mission, and I observed two. mountain howit
zers, which I beUeved had been brought to that eountry by the dragoons.
I had received verbal instructions from General Kearney, by Captain Tur
ner, to have them turned over to company C, under my command ; and
had, bejtire I left town, ordered mules and drivers to be sent after
them.' " This relates to occurrences of the 2ith of March, whilst the verbal
instructions ' referred to, afterward ascertained to be written memoranda,
were issued from Monterey about the lst of March, 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: Is 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 does it refer to the same events as those narrated
in your testimony ? and did you ever make any other official report of
those occurrences to General Kearney, or to any other officer for him ?
" ' Answer. It was my official report. It refers to the 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 to
ordnance, arms, &c. ?
" ' Answer. I had some verbal orders in relation to arms, communi
cated, however, in the form of written memoranda. * *
I have them not here. I lost aU my papers by an accident, &c.
" ' Question. WUl 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 howitzers in charge of the dragoons.
* * * * I received, at the same time an qffkia}
Utter from General Kearney.' 14

314 LIFE AND SERVICES OF JOHN C. FJBEmu."" a -.
" A copy of this official letter was produced the next day, anc^c und to
be dated at Monterey, March 1, which fixes the time of those ' verbal
orders ' or ' written memoranda.' FinaUy, on the nineteenth and twen
tieth days of the trial, Major Cooke again testifies, concerning the same
verbal instructions as follows :
" ' Under ordinary circumstances, I should have deemed it my duty t*
have enforced my orders in relation to the artiUery, founded on the verbal
orders of the general. The verbal orders aUuded to might be considered
as giving higher importance, in my view, to the object to be attained,
which was to turn over to company C, lst dragoons, the two mountain
howitzers' " From all which, it results that General Kearney's first information con
cerning the cannon was not received through Major Cooke's report, but
that the report resulted, in fact, from orders about the cannon, given
by General Kearney several weeks before the report was made.
" The first great aUegations, then, made by General Kearney to escape
from the original simple and comparatively innocent fact supposed by the
inquiry concerning the cannon, are contradicted, in their whole essence,
by the official assurance of the Secretary 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 iu General Kearney's own hand ; while hi?
subsequent ' explanation ' to escape from this labyrinth, by attempting to
draw a distinction between personal knowledge and official knowledge
involves him in the repudiation of his own orders, and in a double contra
diction with himself and with Major Cooke, his own witness.
" I think it proper, I think it my duty, to introduce here some maxims
of the law, which, I am advised, are recognized in aU courts.
" Where it turns out that a witness's testimony is corruptly false in
any particular, it should be entirely disregarded by the jury.
" A witness's credibiUty being seriously impeached by written, or other
plain, deUberate contradictory statement by him, and not supported,
ought, it would seem, to be entirely rejected.
" But where a party speaks to a fact, in reference to which he cannot
be presumed liable to mistake, if the fact turn out otherwise, it is ex
tremely difficult to exempt him from the charge of deUberate falsehood ;
and courts of justice, under such circumstances, are bound upon princi
ples of law, moraUty, and justice, to apply the maxim, ' falsus in uno, fol-
sus in omnibus.' — false vt one, false in all. (See PhiUips on Evi
dence, vol. iii. pp. 397 and 772.)
" Mr. President : The length of this defence precludes the necessity

VERDICT OF THE COURT MARTIAL. 315
of recapitulation. I omit it, and go to the conclusion with a few brief
reflections, as pertinent, I trust, as they are true.
" I consider these difficulties in California to be a comedy  (very near
being a tragedy)— of three errors : first, in the faulty orders sent out
from this place ; next, in the unjustifiable pretensions of General Kearney ;
thirdly, in the conduct of the government in sustaining these pre
tensions. And the last of these errors I consider the greatest of the
three. " Certainly the difficulties in California ought to be inquired into ; but
how ? Not by prosecuting the subordinate, but the principals ; not by
prosecuting him who prevented, but him who would have made civil war
If it was a crime in me to accept the governorship from Commodore
Stockton, it was a crime in him to have bestowed it ; and in either event
crime or not, the government which knew of his intention to appoint
me, and did not forbid it, has lost the right of prosecuting either
of us.
" My acts in CaUfornia have aU been with high motives, and a desire
for the pubUc service. My scientific labors did something to open CaU
fornia to the knowledge of my countrymen ; its geography had been a
sealed book. My miUtary operations were conquests without bloodshed ;
my civtt administration was for the pubhc good. I offer CaUfornia,
during my administration, for comparison with the most tranquil portion
of the United States : I offer 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 oyer, without rank or guards, and
without molestation from the people, except to be importuned for the
money which the government owes them.
"lam now ready to receive the sentence of the court."
The reading of this defence, which occupied three ses»
sions of the court, was concluded on the 26th of January,
1848. 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
charges, and sentenced the accused to be dismissed
from the service.

316 LIFE AND SERVICES OF JOHN 0. FREMONT.
Accompanying the verdict, were the following papers,
which were directed to be made parts of the record.
The first, signed by the President of the Court, Bt. Brig.
General Brooke, Lieut. Col. Taylor, and Major Baker,
was as follows ;
"Under the circumstances in which. Lieutenant- Col. Fremont
was placed between two officers of superior rank, each claiming
to command-in-ehief in California — circumstances in their nature
calculated to embarrass the mind, and excite the doubts of
officers of greater experience than the accused : and, in conside
ration of the important professional services rendered by him,
previous to the occurrence of the acts for whicli 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 distinguished professional services of the accused,
previous to the transactions for wliich he has now been tried,
the undersigned beg leave t6 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 charts

VERDICT OF THE COURT MARTIAL. Sl'i
are sustained by the proof, and that the conviction upon these
charges warrants the sentence of the court. The sentence ofthe
court is therefore approved ; but, in consideration of the pecu
liar circumstances 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
Adjutant-General : "Washington Out, 0 Street, Feb. 19, 1848.
" Sib : I have this moment received the. general order, No, 1
(dated the 17th instant), making known to me the final decision
in the proceedings of the general court-martial, before which I
have been tried ; and hereby send in my resignation of lieu
tenant-colonel in the army of the United States.
"In doing this, I take the ocoasion to say that my reasonfor
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
necessaiy to give it legal effect, Col. Fremont addressed
the adjutant-general a note to that effect on the 14th
of March, and received a reply on the following day
annowhcing the acceptance of his resignation from that

318 LIFE AND SERVICES OF JOHN 0. FREMONT.
date. Thus, on the 15th day of May, 1848, and in the
34th year of his age, Col. Fremont's connection with the
military profession terminated, and his manhood once
more resumed its natural proportions.*
* " In pursuance of his original intentions as communicated to the
government in August, 1846, Commodore Stockton appointed Colonel
Fremont cml governor of CaUfornia, and Colonel WiUiam H. Eussell,
secretary. Governor Fremont immediately entered on the duties of his
office, and the people acquiesced in his exercise of authority.
" The commodore and his maritime army returned to the squadron.
"The performance ofhis duties as governor of CaUfornia by Col. Fremont
were incompatible with the authority which General Kearney attempted
to exercise over him by virtue of seniority of rank, notwithstanding the
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 be brought to trial on charges of diso
bedience preferred by General Kearney. He 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 bis commission in the
army. " Towards the close of the Mexican war, the army was powerful and
popular at Washington. The esprit de corps of miUtary 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 EXPLORING EXPEDITION. 819

CHAPTER XI.
COLONEL FREMONT PROJECTS A FOURTH EXPLORING EXPEDI
TION  CALIFORNIA CLAIM'S BILL  SPEECHES OF SENATORS
BENTON, CLARKE AND DIX — MAP AND GEOGRAPHICAL
MEMOIR  REPORT OF SENATOR BREESE  PROFESSOR
TORREV'S PLANTS FREMONTIAN.E — GOLDEN MEDAL FROM
THE KING OF PRUSSIA  LETTER FROM HUMBOLDT? 
FOUNDER'S MEDAL FROM THE ROTAL GEOGRAPHICAL
SOCIETY OF LONDON  LETTERS FROM JOHN M. CLAYTON
AND ABBOTT 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
ae;e. 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 LIFE AND SERVICES OF JOHN 0. FREMONT.
tions of that wonderful State ; as a geographer he had
won the homage of the whole scientific world ; and
finally he had achieved among his own countrymen a
popularity more unanimous and more universal than bad
ever before been enjoyed by any one ofhis years. These
reflections were well calculated to sooth any mortifica
tion, if he had felt any, at the result of the court martial.
Starting life without means and aided only by the friends
he had made himself, and his own energies, he had
reached distinction before he had reached the maturity
of his faculties ; and, before most men have begun their
career he was covered with honoi3 enough for the close
of his.
None of these considerations, however, disposed him
to idleness. On the contrary his plans for a laborious
and useful future were soon formed. While in Califor
nia he had made arrangements for the purchase of the
tract of land known as the Maraposas, of the value of
which he had informed himself during his third expedi
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
he 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 lst of February, the military committee of
the Senate, consisting of Messrs. Cass, Bento^Critten^en,
Dix, Busk and Davis, commenced an investigation in

CALIFORNIA CLAIMS. 321
relation to the claims above referred to, amounting in
all tc some $700,000 for the payment of which amount
a bill was afterwards introduced. The beneficiaries of
this bill and its general provisions are described with
sufficient minuteness in the following paragraph near
the close of a speech made in its favor by Senator
Benton. " The California battalion, formed out of the American settlers
on the Sacramento and the men of the topographical party (re
inforced afterwards by later emigrants from the United States),
finished on the Plains of Couenga the movement which had
commenced at Sonoma, and in the same spirit of justice, mode
ration and patriotism. In conjunction with the sailors and ma
rines, they had twice conquered California 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 by 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 publio
bills. It is an appropriation, and of a public nature, and of a
most sacred nature. It should at least have had a place in that
"Deficiency" 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 public and to private justice. It is intended to
settle up and pay up all just claims, and to close the door for
ever upon all false ones. A commissioner acquainted with the sub
ject, familiar with every transaction, is to go to California, visit every
district in which claims are originated, call all before them, allow
14*

322 LIFE AND SERVICES OF JOHN C. FREMONT.
the good, reject the bad, and bar all that are not presented lo 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."
Senator Clarke of Ehode 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. Fremont.
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 courage that never quailed — all eminently fitted
him for the mission he so well and so readily undertook and
performed. His energy of character qualified him for the posi
tion in which his government had placed him. If we condemn this
invasion of the territory of a friendly power, I would not be under
stood as reflecting 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
suffered, his honor is untarnished — his high reputation as a sol
dier is unspotted— the crowning act of bis eventful life is fresh
in our recollection. When the commission which he bore, and
which he would have yielded up only with his life, became tainted
with censure, firmly 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 deserves all our confidence.
He is identified with the events in California, and who so fitting
us he to bring these claims to a just and proper conclusion ?"
In the course of the same debate, Senator Dix of New
York, expressed the following opinion of Mr. Fremont
and his public 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 energy, promptitude, sagacity and prudence,
which indicated the highest capacity for civil and military com
mand ; and, in connection with what he has done for the cause
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 doubt. *
* * * 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 doubt that his rapid and
decisive movements"kept California out of the hands of British
subjects, and perhaps out of the hands of the British government,
and it is in this point of view that I 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 — might have cost us millions of dollars and thousands
of lives ; and it might also have cost us a contest of which the
end is not readily foreseen."
Col. Fremont has never published any report either

324 LIFE AND SERVICES OF JOHN 0. FREMONT.
of his third or subsequent expeditions. The fullest
account of the thii'd which has been made will be found
in the preceding pages. On the 5th of June, the Senate
ordered twenty thousand copies of a map of Oregon
and California which he finished about that time. And
likewise printed a Geographical Memoir of Upper Cali
fornia, illustrative 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
his 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 expedi
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
number 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 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 botanical stores referred to by the Senatorial
Committee were deposited with Professor Torrey, 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
guished traveller, Colonel Fremont, are known to all who have
read the reports of his hazardous journeys, &c.
" 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 Eocky Mountains. He
examined the celebrated South Pass, and ascended the highest
mountain of the Wind Eiver 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.
f Plantoe Fremontianos, or descriptions of plants collected by Colonel
J. C. Fremont in CaUfornia, by John Torrey, F.L.S. — Smithsonian Con
tributions to Knowledge.

326 LIFE AND SERVICES OF JOHN C. FREMONT.
theless, a collection of three hundred and fifty species of plants
was made, of which I gave an account in a botanical appendix
to this first report. The second expedition of Colonel Fremont
was that of 1843 and 1844, embracing not only much of the
ground of which he had previously explored, but extensive
regions of Oregon and California. In this journey he made
large collections in places never before visited by a 'botanist;
but unfortunately, a great portion of this was lost. In the
gorges 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 large part of the remaining collection was
destroyed, on the ' return of the expedition, by the flood of the
Kansas Eiver. Some of the new and more interesting plants
that were rescued from destruction, were published in the Bota
nical Appendix to Colonel Fremont's Eeport 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 des
troyed by the numerous and unavoidable mishaps of such a-
hazardous journey. Very few of the new genera and species
that were saved have as yet been published, excepting several of
the Compositals by Dr. Gray, in order that the priority 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 Jate in the year 1848. Even
in this he 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 publication of a general account of the botany of Califor
nia, but as there is no immediate prospect of such a work being
undertaken, I have prepared the memoir on some of the more
interesting new genera, discovered by Golonel Fremont. The
drawings of the accompanying plates were made by Mr. Isaac

L3TTER FROM HUMBOLDT. 327
WpittfrA of* vWibridge, Massachusetts, who ranks among the
most emment botanical draughtsmen of our day."
While alluding to the estimate placed upon the
scientific results of Col. Fremont's explorations, ^y
some ofhis eminent contemporaries, we may be pardoned
for anticipating the tributes paid two years later to
his labors by Baron Humboldt, on behalf of the King
of Prussia, and by the Boyal Geographical Society of
London. As a minister of the Prussian government,
Humboldt was charged to present Fremont with " the
great golden medal for progress vn the sciences." He
accompanied the medal with the following highly
complimentary note to Fremont, in which a graceful
allusion is made to that early struggle agajnst slavery
with which his political career in California commenced
aud closed.
"Monsieur le Sdnateur* : II m'est bien doux, Monsieur, de
vous addresser ces lignes par mon excellent ami, notre ministre
•Fremont had just been elected to the United States Senate, from
California. The following is the English translation of Baron Humboldt's
letter :
"To 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 Gerolt. After
having given you, in the new edition of my 'Aspects of Nature,' the
public testimony of the admiration which is due to your gigantic labors
between St. Louis, of Missouri, and the coasts of the South Sea, I feel
bappy to offer you, in this Uving token, (dans ce petit signe de vie) the
homage of my warm acknowledgment. You have displayed a noble
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.
aux fitats-Unis, M. de Gerolt. Apres vous avoir donne dans la
nouvelle edition de mes Tableaux de la Nature le temoignage
public de l'admiration qui est due a, vos gigantesques travaux
entre St. Louis du Missouri et les cotes de la mer du Sud, je me
sens heureux de vous offrir, dans ce petit signe de vie, l'hom-
mage de ma vive reconnaissance. Vous avez deploye un noble
courage dans des expeditions lointaines, brave tout les dangers
des frimas et du manque de nourriture, enrichi toutes les parties
de sciences naturelles, illustre un vaste pays qui nous etait pres-
que entierement inconnu. Un'merite si rare a e'te' reconnu par
un souverain vivement interesse" aux progres de la geographic
physique: le roi m'ordonne de vous offrir la grande meclaille
d'or, destinde a ceux qui ont travailld a des progres scientifiques.
J'espere que cette marque de la bienveiUance royale vous sera
agreable dans un moment, ou, sur la proposition de l'illustre
ge"ographe, Charles Eitter, la Socie'te' de Geographie, residante a
Berlin, vous a nommd pour membre honoraire. Quant a moi,
je dois vous remercier particulierement aussi de l'honneur que
vous m'avez fait d'attacher mon nom et celui de mon collabora
tes et ami intime, M. Bonpland, a. des contre"es voisines de
celles qui ont e'te- l'objet de nos travaux. La Californie, qui a
offer you the grand 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, will be wor
thily represented by a friend of liberty and of the progress of intelli
gence. "Accept, I pray you, sir, the expression of rny high and affectionate
consideration. "Tour most humble and most obedient servant,
"A. v. Humboldt.
"Sans Souci, Ootober 7, 1850."

LONDON GEOGRAPHICAL SOCIETY. 329
noblement re'siste' a ^introduction de l'esclavage, sera dignement
representee par un ami de la liberty et des progres de ^intelli
gence. "Agrdez, je vous prie, Monsieur le Senateur, l'expression de
ma haute et affectueuse consideration.
"Votre tres humble et tres obeissant serviteur,
"A. v. Humboldt.
" A Sans Sodci, le 7 Octobre, 1850."
On the envelope thus addressed :
"A Monsieur le Colonel Fremont, Senateur,
"Avec la grande medaille 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.f
Department of Stats, Washington, June Wth, 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 Eoyal 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
the medallion head 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
high mettled plunging horses, traversing the zodiac, and darting rays of
Ught from his head.
¦j- National Intelligencer, June 8th, I860.

330 LIFE AND SERVICES OF JOHN C. FREMONT.
has awarded yon the " Founder's Medal," for the distinguished
services which you have rendered to geographical science.
" The messenger who bears you this letter, will also deliver
you the medal. It affords me pleasure to be the immediate
instrument in conveying to you this high tribute of respect, so
well earned by the valuable and distinguished services which
you have rendered, not only to your, own country, but to the
whole scientific world.
" I am, sir, very sincerely and truly yours,
"J. M. Clayton."
' Hon. J. C. Fremont."

LETTER FROM THB UNITED STATES MINISTER AT LONDON, TO
COLONEL FREMONT. " London, May 21st, 1850.
"Dear Sir: On the 27th inst., I had the honor to receive
from the President of the Eoyal Geographical Society the
Founder's Medal, which was awarded to you by the council of
that society, for your preeminent 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 President. It became my duty to' reply on your
behalf, which I did very briefly. 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
having 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
not only in the cause of science, but in every department of
duty to which he has been called to promote the honor of his
country. " It is my fervent hope that your life may be long spared to
enjoy your well earned fame in science, and that your success in
your new and high position may be commensurate with the

LONDON GEOGRAPHICAL SOCIETY. 331
name and fame acquired by arduous labor in your brief but
brilliant career. " I am dear sir most faithfully,
" Your obedient servant,
" Abbott Lawrence."
" To Col. John Charles Fremont, <fcc,
" Washington, D. C." *
REPLY OF THE UNITED STATES MINISTER TO THE ADDRESS OF
THE SOCIETY IN PRESENTING THE MEDAL.
" Mr. President : It is with great pride and satisfaction that
I am here to receive from your hands the medal awarded by
the Council of the Eoyal Geographical Society to Col. Fremont.
In his behalf I thank you, and the gentlemen of the Council and
the Society, for an honor which I am sure he will appreciate 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. He has ability, per
severance, cultivation and industry, and above all, he is endowed
with high moral attributes which have won for him the esteem
of those more immediately connected with him, and the con
fidence of his fellow citizens in the country at large, who will
see with 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 United States,
I offer you their and my grateful thanks. It is not the least of
the charms of science that it is not bounded by the limits of
nations. Its infiuence 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

332 LIFE AND SERVICES OF JOHN 0. FREMONT.
common brotherhood throughout all nations, and the harmony
of feeling between them has done much, and is destined to do
yet more towards establishing and maintaining the peace of the
world. " The New has incurred a great debt to the Old World, and
particularly to Great Britain, for scientific knowledge. This
they hope to repay in some measure at no very distant day.
We have made rapid strides in the Union within a few years,
and confidently hope soon to contribute our quota to the common
stock. Our desire, Mr. President and gentlemen, is persever
ingly to maintain with you a friendly competition, having foi
its object the advancement of civilization, and the elevation of
the condition of man throughout the wprld. And we fervently
hope that nothing will recur to prevent this, either by tbe 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. Washington Citt, Jime 2%d, 1850.
"Sir: I have had tbe gratification to receive, through the
hands of the American minister and the Secretary of State, the
honorable medal with which the Geographical Society has
distinguished me.
"In making my acknowledgments for this high testimonial
of approbation, I feel it a particular pleasure that they are
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 myself highly honored in having been con
sidered a subject for the exercise of a national courtesy, and in

LONDON GEOGRAPHICAL SOCIETY. 333
being made one of the thousand links among the associations and
cordial sympathies which unite our kindred nations.
" With feelings of high respect and regard for yourself,
" I am, sir, very respectfully,
" Your obedient servant,
" J. C. Fremont."
•" To Sir Roderick Murchison,
" President of the Royal Geographical Society, .:
" London."

334 LLFE AND SERVICES OF JOHN 0. FREMONT.

CHAPTER XII.
CORRESPONDENCE BETWEEN COL. FREMONT AND CAPTAIN
CHARLES WTLEES.
While preparing his map and Geographical Memoir
for publication, and a few days before its completion,
Col. Fremont became accidentally involved in a public
discussion with Capt. Wilkes, of the navy, which pos
sesses an interest now quite independent of the little
incident out of which it originated. That incident is
stated in the following note addressed to the Editors of
the National Intelligencer :
LETTER FROM COL. BENTON.* " 0 Stbxxt, May 14, 1818.
" Gentlemen : We read in the National Intelligencer for
May 9, as follows :
" ' The United States sloop of war Portsmouth, Commander
Montgomery, arrived in Boston, on Friday, from the Pacifio
Ocean. " ' Commander Montgomery states that the British frigate
Herald, and the brig Pandora, are" engaged in making a new
survey of the gulf and coast of California.
" ' The whale-ship Hope, of Providence (R. I.), was recently
»ost on the coast in consequence of an error in the charts now in
general use, which locate the coast and islands from Monterey to
* See " National Intelligencer," May 15, 1848.

CORRESPONDENCE WITH CAPTAIN WILKES. 335
Cape San Lucas, from fifteen to forty miles too far to the east
ward.' " On reading this notice in your paper, I have to say that the
error in question has already been detected by Mr. Fremont
and corrected in his map of Oregon and Upper California, now
in course of preparation, and nearly ready to be laid before
the Senate, by whom its construction was ordered. In his last
expedition, Mr. Fremont made a series of astronomical observa
tions across the continent, terminating at Santa Cruz, near Anno
Nuevo, the northwestern point of the Bay of Monterey.
It was found, on laying down these positions on his map, that
the west end of the line went beyond the coast, as given in Van
couver's charts (the basis of all in use), and that it projected
two miles into the sea. His own map was immediately corrected
accordingly, placing the coast and islands of Upper California
ten miles further west.
" Mr. Fremont's observations were made in the winter and
spring of 1845 and 1846. They were calculated by Professor
Hubbard, of the Washington City Observatory, during the past
winter ; and. were laid down on the map by Mr. Chas. Preuss, 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 H. Benton.
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 15th of May, con
taining 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 Intelligencer," June 8, 1848.

3f 6 • LIFE AND SERVICES OF JOHN 0. FBEMONT.
yet I think it due to others, as well as to the United States
Exploring Expedition, to place the following facts before the
public respecting the errors which did exist in the longitude of
this coast, the ' discovery ' of which is now claimed to have been
Srst made, and the errors corrected, by Col. Frenfont, through a
leries of astronomical observations across the continent.
"Shortly after the publication of Vancouver's charts in 1798,
nrors were suspected to exist in them (his points were deter
mined by lunar observations, and several chronometers, which
ktter performed but indifferently ; and from these his results
were obtained), from a difference which was found between him
»nd the Spanish surveying vessels, employed at the same time
tn the coast of California. The amount of error was not, how-
jver, truly ascertained until some years after this, when Captain
Beechey, of H. B. M. ship, the Blossom, visited this coast in
1826. His observations were coiflirmed by Captain Sir Edward
Belcher, in H. B. M. surveying ship, the Sulphur, in 1835 ; and
it was again confirmed by the United States Exploring Expedi
tion in 1841.
" These corrections were all made on the general«charts pub
lished by order of Congress in 1844, from the surveys and
examinations of the Exploring Expedition, and have been in
possession of our ships navigating the Pacific Ocean since that
time. " By comparing dates, it will be perceived that these ' dis
coveries ' were known long since, and that the actual amount of
error was ascertained some twenty years ago by both the English
and French expeditions, and were published by our own govern
ment in the results of the Exploring Expedition, a year prior to
the earliest date claimed by Col. Benton, as the time when the
observations bf Lieut. Col. Fremont were made.
" With great respect, I am, yours, &o.,
"Charles Wilkes.
" Washington, June 6th, 1848." *
* This letter was accompanied with the following editorial note :
" In a matter purely scientific, difference of opinion cannot be any

CORRESPONDENCE WITH CAPTAIN WILKES. ' 337
This letter brought Col. Fremont into the field, who
conducted the remainder of the correspondence with
Capt. Wilkes to its close.
LETTER FROM COL. FREMONT TO THE EDITORS.*
Washinoton, June 8th, 1848.
" Messrs. Gales and Seaton : In the absence of Col. Benton,
and as the matter relates specially to myself, I desire to take
some notice of the publication made in your paper of to-day by
Captain Wilkes of the navy, concerning the rectification of an
error on our western coast.
" Capt. Wilkes could not have examined with much care the
note of Col. Benton, which he undertakes to criticise, or he
would have perceived that it is not against anything stated by
CoL Benton, or claimed for the observations made by myself, that
his strictures apply : but that his sole dispute, if he has any, is
with the reports brought in by the sloop of war Portsmouth,
Commander Montgomery, and only quoted in the note of Col.
Benton. He must also have perceived, with a little more atten-
tention, that the word ' discovery,' which he" has introduced a3
a quotation italicized, does not exist in Col. Benton's note : and
hence that his use of the word, as if copied from Col. Benton's
note, is, in both instances unwarranted.
" The plain facts in the matter in question are these : in my
map published in 1845, accompanying the report of the first and
second expeditions under my command, the line of the Pacific
cause of quarrel, nor even of unkind feeling. We publish Capt. Wilkes's
note as we did Mr. Benton's, without requiring any other authority than
the name of the writer.
" We cannot however, repress the obvious remark, that, aa Col. Fre
mont was not in possession of the corrected charts spoken of by Captain
Wilkes, he is still entitled to the merit of having, by means of his astro
nomical observations, discovered the error, though others also had dis
covered the same error."
• " National Intelligencer," June 10th, 1848.
15 .

338 LIFE -AND SERVICES OF JOHN C. FREMONT.
coast was laid down (and so stated) according to the survey oi
Vancouver. It was introduced merely to give a necessary com
pleteness to the map of my recojmoissance, and without any
attempt at a rectification of errors, which I supposed to come
properly within the province of the naval exploring expedition
which had recently surveyed the coast.
" In a recent expedition, having reference particularly to the
geography on the Pacific coast, I was enabled to make ' a series
of observations ' in that country, depending on two main posi-""
tions in the Sacramento valley, established by lunar culminations.
These observations were made in 1845 and 1846 ; they were cal
culated during the last winter by Professor Hubbard 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 different navigators there. My observations
agreed nearly with those of Capt. Beechey, and I 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 td the public notice 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
parison. In the beginning of May, however, the arrival of the
sloop of war Portsmouth, Commander Montgomery, from the
Pacific 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 still existing ' on the charts in
common use.' In connection with this, it was also stated that

CORRESPONDENCE WITH CAPTAIN WILKES. 339
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
remark that could havethat 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 Wilkes 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 in
any shape. ' Certainly, whatever merit the exploring expedition
which he commanded may have entitled itself to in the publica
tion of corrections, it cannot claim any share in the making of
them upon the coast in question (that of Upper California). In
his card of to-day, Captain Wilkes refers to and professes to have
agreed with the observations of Sir Edward Belcher. But in

840 LIFE AND SERVICES OF JOHN C. FREMONT.
point of faci, the discrepancy between the positions of Captain
Belcher 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 the
position of the whole valley, five hundred miles in length, at the
foot of the Sierra Nevada ; and necessarily impairs confidence in
the position 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 differing consequently, by half of a
degree from Capt. Belcher, whom he professes to concur with
and corroborate.

CORRESPONDENCE WITH CAPTAIN WILKES. 341
" 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. But it
is very strange that, if he agreed with those officers so exactly
on the coast, he should, in the extension of his 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
difference 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 form a 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 accurate
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 would 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 controversy with ine,
1 hope he will see the propriety of also publishing the observa
tions, which, with his large equipment of instruments, he was so

342 LIFE AND SERVICES OF JOHN 0. FREMONT.
well prepued to make with accuracy. I have not learned
that any such have been published, and I have had not the lei
sure to read through his work. " J. C. Fremont."
LETTER FROM CAPTAIN WILKES TO THE EDITORS.*
" Gentlemen : With 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 coast of California. It has been my constant desire
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. Col. Fremont wishes the public to know why I con
troverted the first detection^of the error in the longitude of the
coast of California, I will state that it arose from my desire io 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 longitudes 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.

CORRE«?Oi!WENOi: WITH CAPTAIN WILKES. 343
J ^foget Sound, OregOD Territory, in latitude 47°, and the other at
Sausalito, on ihe north side of *he entrance in the bay of San
Francisco,, California, in 37° 51' 00". At these positions scenes
of moon-culminating stars, with both limbs of the moon, were
taken, and the longitude deduced from intervals observed by
Wm. Cranch Bond, Esq., at the Observatory, Cambridge, Massa
chusetts ; by Lieut. Gillis, of the Nary, at Washington ; and
from those also at Greenwich, both calculated in the Nautical
Almanac and observed. The first position, Nisqually, was by 46
moon-culminating stars, and tbe 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 duty. To the untiring 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 sun,
and the latter by circum-meridian observations and by polaris.
These positions have been compared with the surveys and proved
satisfactory. The chronometer used was No. 972, Arnold and
Dent, an excellent instrument. It was compared with tlie
standard time at the Observatory before leaving, and after their
. return, a period of eighteen days ; and its rate (which was small)
determined during that interval by the Observatory time. The

344 LIFE AND SERVICES OF JOHN C. FREMONT.
four positions I refer to above were Karguines Straits, Capt.
Sutter's Landing, Feather River, and the Fish weir at the head of
navigation for canoes, and the resulting longitudes from applying
the meridian distances to that of Sausalito Observatory, were as
follows: Karguine's camp, 122° 10' 58" 95'"; Capt. Sutter's
landing, 121° 22' 23" 55'" ; Feather river, 121° 29' 02" 60'" ;
Fish weir, 121° 48' 38" 25'".
" The original chart of the river was plotted 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 now engraved on a sufficiently
large scale to show all the windings of the river.
"In February, 1845, Capt. Fremont wrote me a letter request
ing I would give him the positions I had assigned Fort Vancou
ver, and Capt. Sutter's Fort. The letter was forwarded to me at
Philadelphia, where I was then engaged reading the proofs of
my Narrative. The longitude of Fort Vancouver was 122° 39'
34" 6"'W., and Capt. Sutter's Fort 121° 40' 05"— -the same as
given in the Narrative, and which was then believed to be cor
rect. Subsequent calculations proved it to be erroneous. When
this was discovered, one of the officers (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 him how
it had occurred. To this I of course assented, and have since
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 tbe observations
made on the Sacramento, by the able officers intrusted with that
duty, I am satisfied that every confidence is to be placed in them,
both for longitude and latitude.
" I must here take exception to Col. Fremont's comparing and

CORRESPONDENCE WITH CAPTAIN WILKES 345
measuring our longitudes from a small map eleven inches by
eight, covering seventeen degrees of longitude.
"Exception is also to be taken to bis treating the minor points
of our surveys as though they were principal ones, and gov
erned our coast line ; this cannot be permitted; he must well
know that all points of longitude in a survey are derived from
and referred to that pccupied as an observatory, and that there
is no other true course, and none other can with fairness be
adopted in comparing the longitude of different surveys.
" Capt. Beechey gives his longitude of Yerba Buena Cove from
the result of twenty-two moon-culminating stars, as 122° 27'
23" west. (See his Appendix, page 667, quarto, London). It will
be seen tbat this differs from ours, and with all due deference to
so able an observer, I have not the slightest doubt but that Capt.
Beechey himself would, in weighing the testimony of the two,
decide that the preference was to be given to our longitude, the
result of sixty-eight culminations. Although we do not agree
witb Capt. Beechey, yet I consider we confirm his longitudes.
" An inference may be drawn from a part of the remarks of
Col. Fremont that the Exploration Expedition had depended for
its results upon others. I have to inform him as well as others
(to make use of a common expression), tbat the Expedition,
wherever it did go, went on its own hook.
" Having thus considered the operations of this Exploring
Expedition, let us return to the point at issue before the public.
Capt. Beechey established bis observatory in November, 1827,
near ' the fort at Monterey, from which can be seen Santa
Cruz, near Anno Nuevo, tbe northwestern point of the bay
of Monterey, where Col. Benton claims that Lieut. Col.
Fremont made the observations which detected tbe error in the
coast-line of California. Capt. Beechey has given the longitude
as 122° 51' 46", obtained from seven moon-culminating stars.
(See Appendix, page 668). Lieut. Col. Fremont admits that he
agrees witb Capt. Beechey in his longitudes, and it is, therefore,
to be presumed that it is with the longitude of Monterey, or

346 LIFE AND SERVICES OF JOHN C. FREMONT.
that of Yerba Buena Cove, which have been connected by
Beechy, and found to correspond. 'If he had a knowledge of
these observations, the public must be satisfied that CoL Benton
was not authorized to claim the detection of an error for Lieut.
Col. Fremont in the longitude of tbe coast of California that
had been previously known to him. Tbe surveys reported to be
in prosecution by Commander Montgomery,, of the Portsmouth,
relate no doubt to tbe Gulf of California and. its coast, and not
to the Pacific 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 tbe possession of the British
Admiralty. It is usual to account for the loss 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 purely scientific; difference of opinion cannot be any
cause of quarrel, not even of unkind feeling.' I therefore trust,
having felt none myself, I have been successful in avoiding giv
ing cause for any to others.
" I am, very respectfully your obedient servant,
" Charles Wilkes.
" Washinuton, June 12, 1849."
LETTER FROM COLONEL FREMONT TO THE EDITORS.*
" Messrs. Gales and" Seaton : I should not deem it neces
sary to trouble you or your readers with any further remarks «n
tbe 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 bis letter this morning, and which goes
to the extent, in effect, of imputing unfairness in my references
* National Intelligencer, June 16, 1848.

CORRESPONDENCE WITH CAPTAIN WILKES. 347
to his observations, because I tested them by the map and books
which he has published, and not to the results of certain ' sub
sequent calculations,' which are now for the first time made
public. " Not long after Captain Wilkes had been polite enough to
furnish me, as stated in my former letter, with the position he
had established for New Helvetia, I left the country on my
third expedition ; and neither before my departure nor at any
time until now, in the 'Intelligencer' of this morning, did I ever
learn that Captain Wilkes had discovered tbe erroneousness of
that position, nor do I now find that there are any errata or
other memoranda in his book by which the correction is indi
cated; and L-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 tbe 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 his
authority. I bad applied to Captain Wilkes, in a written com
munication, for positions which would enable me to connect my
reconnoissance across tbe country witb 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 be had led me into so
important an error, he bad not at ones given me the proper
correction in the most authentic form.
" Undoubtedly the -positions now set down by Captain Wilkes
for tbe Sacramento valley agree closely witb the fact ; but he
gives tbem now for the first time, and it is most unwarrantable,
bis assertion that it was with reference to these new positions
that I had said he differed half a degree of longitude from

348 LIFE AND SERVICES OF JOHN C. FREMONT.
Captain Belcher. I had never heard of these new positions,
and could not have spoken of them. It was with reference to
Captain Wilkes's published works, which have now been before
the public uncorrected for tbe space of three years, that I said
and repeat tbat his positions differ half a degree from those of
Captain Belcher, whom he assumes, in his letter of Thursday
last, to agree with and corroborate.
" I wish it to be borne in mind that it was not in an invidious
spirit, or for any purpose of attack, that I pointed out this
remarkable discrepancy. Captain Wilkes claimed in his note to
have published 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 tbe fact, I was not aware
of it. The reason was this, tbat on comparing the position he
had .given me in the Sacramento valley with my own observa
tions, I perceived that there was tbe wide difference of twenty
miles of longitude between us, and I supposed that his 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 bim.
" If Captain Wilkes intends, by taking exception to my refer
ence to his map, published with tbe fifth volume ofhis Narrative,
to say tbat bis 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 tbe map is to be thus discarded,
and also the positions given in the text, now, after a lapse of
three years , to be erased and different ones substituted, in what

CORRESPONDENCE WITH CAPTAIN WILKES. 349
part of the eight magnificent volumes can we be certain that
' subsequent calculations ' have not detected inaccuracies here
after to be exhibited ? It is idle to intimate that in a map, on
the scale of that given in tbe narrative of Captain Wilkes
(volume 5, beginning of chapter 5), and executed witb so
much precision and neatness, with the meridians and parallels
of latitude drawn at distances of single degrees, discrepancies in
position of such an extent as twenty to thirty minutes, cannot pro
perly be examined. For what purpose are tbe lines of longitude and
latitude drawn upon the map at all, if tbe position of places and
objects given are not to be measured and ascertained by them ?
If the difference in question were slight, 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 tbe map which shows
it were twenty times its actual scale ; and this more especially
when it relates to a section which was the object of a particular,
extended, and careful survey, as Captain Wilkes informs us was
tbe case with the river Sacramento, and embraces not an'isolated
poiDt but the whole of tbat section.
" But Captain Wilkes further takes exception, and ' cannot
permit ' tbat 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 tbe minor points and
the principal ones, andjif a large error be found in the minor
a corresponding one will be found in tbe principal. Besides;
this is not the error of a single ' minor point,' but a series of
errors running through tbe observations made in some hundreds
of miles. And, furthermore, Captain Wilkes informs us in his
narrative, tbat 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 tbeir respective observations.' Surely it was
fair to conclude that the observations thus ' connected ' and
' verified,' whether made at minor points or principal ones, were

350 LIFE AND SERVICES OF JOHN C. FREMONT.
intended to be taken for correct, and the positions laid down
accordingly. Again, these Buttes, ' particularly described ' in
the narrative, and thus forming a ' connecting link ' and point
of 'verification' for the surveys of the expedition, are con
spicuously laid down by Captain Wilkes on bis map, with the
meridian of 122° passing through tbem. Now, does Captain
Wilkes wish us to believe tbat all this stands for nothing ?
Does he mean to intimate that positions thus noted by bim, and
conspicuously brought forward in the book and on the map, are
not to be criticised because tbey are minor, not principal parts
in the surveys ?
"Considered 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 part less than twenty) further east, in order to
correspond witb tbeir true longitude. The errors, therefore,
Cannot be laid to the execution of the map, which 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
his book, contrasted witb those he now, for tbe first time, offers as
from ' subsequent calculations.' In bis book (quarto edition), be
places New Helvetia in longitude 121° 40' 05" ; in his letter of
to-day be gives 121° 22' 23" 55'" 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

CORRESPONDENCE WITH CAPTAIN WILKES. 351
it is placed some minutes west of 122°. A relative position
given to tbe coast, I repeat, would 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 corroborate those of Captain Beechey ; neither
will I question that tbe longitude now given by Captain Wilkes
for bis 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 years, he has lost any
right to plead them for any purpose ; least of all, for the purpose
of finding fault with those who have innocently 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 witb four year's preparation, its author, three
years subsequent to_its publication, thus comes forward to
discredit ?
" J. C. Fremont.
" Washington, June Iith, 184S."
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 tbat I have adduced
of Capt. Beecbey's observations at Monterey and Yerba Buena
are entirely satisfactory to show that Col. Benton was. not
authorized to claim for Lieut. Col. Fremont the detection of the
error in the longitude of the coast of California.
* National Intelligencer, June 19th, 1848.

352 LIFE AND SERVICES OF JOHN 0. FREMONT.
" 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 tbe time, but I do
not think he can be held justified for making against me so
sweeping a charge as be 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 tbe 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
tated in my last communication. " Respectfully, yours, &c,
"Charles Wilkes.
" June 16th, 1848."
LETTER FROM COL. EREM0NT 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 tbe 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 be
furnished me.
" Apart from those I never saw any observations or calculations
of Capt. Wilkes, and I never saw bis 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-
be now attributes his mistaken longitudes, I answer that his
expedition had then been nearly four years returned, his 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 bad under
stood from Capt. Wilkes's first letter tbat his charts had been
published the year previous to my application to bim, and it
would seem tbat 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 have taken tbe 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 bad made any subsequent rectification, and
hence I was led into the second error (if it be an error) of
supposing tbe coast was still erroneously laid down. I ascertain
ed, as far as I was able to make inquiry, that no chart of the
coast had been issued by Beechey or Belcher ; I knew that Capt.
Wilkes was the last surveyor there ; I knew tbat my observations
differed from what be bad furnished me as bis 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 brought in by one of our public
vessels of tbe wreck of a ship on the coast in consequence of
error in tbe charts in common use, it was considered good reason
for making known that a different projection of the coast would
appear on tbe forthcoming map. If, then, there was any error -
in this, or in tbe 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 be bad 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.

354 LIFE AND SERVICES OF JOHN C. FREMONT.
" But it is clear that, if Captain Wilkes informs us, he has
made a publication of charts which give tbe necessary correction
of the coast, he must have abandoned his own survey for the
purpose, and proceeded entirely by the observations of others. He
published bis charts, according to his note of the 6th instaut,
inviting this controversy, 'in 1844.' Now, it was in the win
ter of 1844-5, that he furnished me tbe positions which, accord
ing to his own showing, are so erroneous; and, still later, bis
own books contain tbe same and many corresponding errors.
His positions, Capt. Wilkes informs us, were determined by the
establishment of two observations — one at Nisqually, in Puget's
Sound (the longitude of which, nevertheless, he does not furnish
us with), and tbe other Sausalito, at the north side of the
entrance to the Bay of San Francisco — and tbe reference of all
the intermediate points to one or the other, and most of them to
both of these main positions. Now, I will venture to say that
all these ' intermediate points,' thus ' referred,' and as appears
by the narrative, ' connected' and ' verified,' could not contain a
common error, as they do, both in tbe map and text of Captain
Wilkes's book, without a like error in tbe main positions. Hence
if Capt. Wilkes published a correction of the coast, in chart,
1844, be must have done it on tbe labors of others ; for he
does not pretend to have discovered tbe erroneousness of his
own calculations till after the issuing of bis book in 1845.
" I apprehend, Messrs. Editors, that, notwithstanding the charts
by Capt. Wilkes, and the labors of tbe British officers, whom he
quotes and seems to have copied, when the whole truth comes
to be investigated, it will be found that the proper position of
-tbe coast is not much better ascertained now than it was near
sixty years ago. My occupation has been that of reconnoissance
and survey inland, and my attention bad not been directed to
the state of the surveys on the coast beyond the very narrow
inquiry — when I found my observations to be at variance with
those of Vancouver, and still more" so witb those of Capt.
Wilkes — whether Beechey or Belcher bad published a cor
rected chart. Since tbe commencement of this correspondence,

CORRESPONDENCE WITH CAPTAIN WILKES. 855
however, I have given tbe subject some more examination. Tbe
Spanish navigator, Malaspina, to the merits of whom Humboldt
bears such honorable testimony, and whose subsequent misfor
tunes and political persecution gave a peculiar interest to such
portion of his labors as they did not destroy, made a survey of
this coast in 1791. His longitudes, as far as I have beon able
to examine them, were nearly correct. Vancouver followed
immediately after, and bis surveys, disagreed with Malaspina's,
threw tbe coast from a third to a half degree too far east ; sub
sequent surveys, as far as they have made any change, are but
little 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 remark, that corresponding
errors with those in bis ' small map,' appear in his larger map
of Oregon, and in the text of his narrative, and I 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 be ought to point where and when he
has made them public.
" I wish again to make the remark that this controversy is not
of my seeking. When I discovered the great erroneousness of
the positions Capt. Wilkes had given me, I contented myself by
quietly making the corrections on my map ; I had received them
in good faith as the result of bis observations, and supposed them
to be given tbe same way, and should have studiously avoided,
therefore any mention of the descrepancy'. Had I known, how
ever, what he now informs us of, tbat be had shortly afterwards
found those positions to be incorrect, and yet left me in ignor
ance of tbe rectification, to make an erroneous publication, I
should not have been so silent.
" I stated in my first letter tbat I did not see why Captain
Wilkes bad thought himself called on to provoke this contro
versy, since whatever bis merits in tlie publication of corrections
on tbe coast of California, be could not claim any share in the
making them. I am now still more at a loss to know why be

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 way wronged.
His surveys not only do not make any corrections on tbe 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 published works.
" J. C. Fremont
" Washington, JuneWh, 1848."

FOURTH EXPLORING EXPEDITION. 357

CHAPTEE XIII.
FOURTH EXPEDITION  ENCAMPED LN KANSAS  TERRIBLE JOUR
NEY 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 THE RANCHE OF KIT CAR
SON  THRILLING LETTER TO HIS WIFE  ADVENTURE WITH
NAVAHOES INDIANS.
In October, 1848, Fremont sat ont upon his fourth ex
pedition. But he 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 which he had emanci
pated, and not as an officer under orders. He went to
-prepare for the reception of his family, who were to join
him in the spring, and he chose the winter for the journey
as the season best adapted to make him acquainted with
several of the most serious difficulties 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 the line of his route along the head of the
Eio Grande ; first, because that route had never yet been
explored, and secondly, because he had been informed
by the mountaineers that there was a very practicable

358 LIFE AND SERVICES OF JOHN 0. FREMONT.
N.
pass through the- Mountains at the head of that river.
This route took him through the country of the Utahs,
Apaches, Navahoes, Camanches, Kioways, and other
savage tribes of Indians, then all at war with the United
States. To contend with the enemies and physical dan
gers of the inhospitable region through which he was to
pass, he 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
acquaintance 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 become the national
champion of freedom and, civilization.
Of the progress 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 present purpose may be

FOURTH EXPLORING EXPEDITION. 359
gathered frorn his private correspondence dming the
journey, and from the sketch just published by Colonel
Benton. The following letter dated from Bent's Fort shows
what he had accomplished up to that point.
letter from col. fremont to col. benton.
" Camp at Bent's Foot, Hov. 17, 1848.
" Mt Dear Sir : We have met with very reasorable success
and some good results this first long step upon our journey. In
order to avoid tbe chance of snow-storms upon tbe more ex
posed^ Arkansas road, I followed up tbe line of tbe Southern
Kansas (the true Kansas Eiver) and so far added something to
geography. For a distance of 400 miles our route led through
a country affording abundant timber, game, and excellent grass.
We find that the Valley of tbe Kansas affords by far tbe most
eligible approach to tbe Mountains... Tbe whole valley soil is
of very superior quality, well timbered, abundant grasses, and
the route very direct. This line would afford continuous and
good settlements certainly for 400 miles, and is therefore worthy
of consideration in any plan of approach to the Mountains. We
found our friend, Major Fitzpatrick, in tbe full exercise of bis
functions at a point about thirty miles below this, in what is
called the 'Big Timber,' and surrounded by about 600 lodges
of different nations, Apaches, Camancbes, Kioways, and Arapa-
hoes. He is a most admirable agent, entirely educated for such
a post, and possessing the ability and courage necessary to make
his education available. He has succeeded in drawing out from
among the Camanchesthe whole Kioway nation, with the excep
tion of six lodges, and brought over among them a considerable
number of lodges of the Apaches and Camanches. When we
arrived be was holding a talk witb them, making a feast and
giving them a few presents. We found them all on their good
behavior, and were treated in the most friendly manner ; were

360 LIFE AND 6ERVICES 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. He will be
able to save lives and money for the government, and knowing
bow difficult this 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 bere on tbe 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, tbe mountains showed themselves, covered with
snow, as well as tbe country around us, for it snowed steadily the
greater part of yesterday and tbe night before. Still, I am in
nowise discouraged by tbe prospect, and believe that we shall
succeed in forcing our way across. We will ascend the Del
Norte to its head, descend on to tbe Colorado, and so across the
Wahsatch mountains and the basin country somewhere near the
37th parallel, reaching the settled parts of California, near
Monterey. There is, I think, a pass in the Sierra Nevada
between the 37th and 38th, which I wish to examine. The
party is in good spirits and good health ; we have a small store
of provisions for bard times, and our instruments, barometer
included, all in good order. We are always up an hour or two
before Hght, and the breakfasts are all over, and tbe 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 the 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
[ 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 tbe hardships and self-denial of
this kind of life, and as I find I have these no longer, I will drop
into a quiet life. Should we have reasonable success, we shall
be in California early in January, say about the 8th, where I

FOURTH EXPLORING EXPEDITION. 361
shall expect to hear from all by the steamer. Referring you for
other details to Jessie, to whom I have written at length,
" I remain, most affectionately yours,
"J. C. Fremont."
"Arrived at Pueblos on the Upper Arkansas, the last of
November," says Col. Benton,* " at tbe base of the first sierra to
be crossed, luminous with snow, and stern in their dominating
look, be dismounted, bis whole company took to their feet, and
wading waist deep in the vast unbroken snow-field, arrived on
tbe other side in the beautiful valley of San Luis ; but still on
tbe eastern side of tbe great mountain chain which divide the
waters which ran east and west to tbe rising and setting sun.
At the head of that valley was the Pass, described to bim by
tbe old hunters. With his glasses he could see the depression
in tbe mountain which marked its place. He hai taken a local
guide from the Pueblo San Carlos to lead him to that Pass. But
this precaution for safety was the passport to disaster. He was
behind, with bis faithful draughtsman, Preuss, when 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
for two hours, and then yielded to his positive assertion that tbe
.pass was there. The company entered a tortuous gorge, follow
ing a valley through which ran a bead stream of tbe great river
Pel Norte. Finally tbey came to where the ascent was to begin,
and the summit range crossed. The snow was deep, the cold
intense, the acclivity steep, and the huge rocks projecting. The
ascent was commenced in the morning, struggled with during
the day, an elevation reached at which vegetation (wood) ceased,
and the summit in view, when, buried in snow, exhausted with
fatigue, freezing witb cold, and incapable of further exertion, the
order was given to fall back to the line of vegetation, were wood
would afford a fire and shelter them for the night. With great
care the animals were saved from freezing, and at the first
* Thirty Years View, voL ii. p. 119.

362 LIFE AND SERVICES OF JOHN C. FREMONT.
dawn of day the camp, after a daybreak breakfast, were in
motion, for tbe ascent. Precautions had been taken to make it
more practicable. Mauls, prepared during tbe night, were
carried by tbe foremost division to beat down a road in the
snow. Men went forward by relieves. Mauls and baggage
followed in long single file, in the tract made in tbe 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 the sierra was bare of everything but
snow, ice and rocks. It was no place to halt. Pushing down
the side of tbe mountain to reach the wood, three miles distant,
a new and awful danger presented itself : a snow storm raging,
the freezing winds beating upon the exposed caravan, the snow
became too deep for tbe mules to move in, and the cold beyond
the endurance of animal life. Tbe 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. Leaving all
behind, and the men's lives to be saved, tbe discomfited and
freezing party scrambled back, recrossing the summit, and find
ing under the lee of the mountain some shelter from tbe driving
storm, and in tbe wood that was reached, the means of making
fires. " The men's lives were now saved, but tbey 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 thitber for some supplies, and twenty days fixed for
their return. When they had gone sixteen days, Fremont, preyed
upon by anxiety and misgiving, set off 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 faithful servant, bis
only company. When out six days, he came upon the camp of

FOURTH EXPLORING EXPEDITION. 363
his guide, stationary and apparently without pain or object,
and the men, wild and emaciated. Not seeing King, the princi
pal one of the company, and on whom he relied, he asked for
him. They pointed to an older camp, a little way off. Going
there be found the man dead, and horribly devoured. He had
died of exhaustion, of fatigue, and his comrades fed upon him.
Gathering up these three survivors, Fremont resumed bis jour
ney, and had not gone far before he fell on signs of Indians —
two lodges, implying fifteen 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 what 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 such was the des
peration of bis situation tbat even a chance of danger bad an
attraction. Pursuing tbe trail down the Del Norte, then frozen
solid over, and Mar the place where Pike had 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 : the
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 ? He
was answered, ' Yes.'
" ' Then,' said the young man, ' we are friends : that chief
is my father, and I remember you.'
"The incident was romantic; but it did not stop here.
Though on a war inroad upon tbe frontiers of New Mexico, the
young chief became his guide, let him have four horses, con
ducted bim to tbe neighborhood of tbe settlements, and then
took his leave to resume his scheme of depredation on tbe fron
tier. " Fremont's party reached Taos, was sheltered in tbe house of
his old friend Carson — obtaining tbe supplies needed^sent them

364 LIFE AND SERVICES OF JOHN 0. FREMONT.
back by the brave Godey, who was in time to save two-thirds
of the party, finding the other third dead upon the road, scat
tered at intervals as each had sunk exhausted and frozen, or
half burned in tbe 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 whole outfit was gone : his valiant mountain men were
one third dead, many crippled : he was penniless, and in a
strange place. He resolved to go forward, nulla vestigia retror-
sum : to raise another outfit, and turn the mountains by tbe Gila.
In a few days it was done — men, horses, arms, provisions, all ac
quired : and the expedition resumed.
" But it was no longer the tried band of mountain men on
whose vigilance, skill and courage he could rely to make tbeir
way through hostile tribes. They were new men, and to avoid
danger, not to overcome it, was his resource. The Navaboes 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 bis movements. Tbe fourth night on
tbe- dangerous ground, the horses, picketed without the camp,
gave signs of alarm. They were brought within tbe square of
fires, and tbe men put on the alert. Daybreak came without
visible danger. The camp moved off; a man lagged a little
behind, contrary to injunctions, the crack of some rifles sent
him running up. It was then clear 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 depended upon the address of

FOURTH EXPLORING EXPEDITION. 365
their commander. Relying upon his ascendency over the savage
mind, Fremont took bis interpreter, and went to the two Indians.
. Godey said he should not go alone, and followed. Approaching
them, a deep ravine was seen between. The Indians beckoned
him to go round by the head of the ravine, evidently to place
that obstacle between him and- bis men. Symptoms of fear or
distrust would mar his scheme, so be went boldly round, accosted
them confidentially, and told his name. Tbey bad never heard
it. He told them tbey ought to be 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 tbe men had baited, and take breakfast with bim.
They said that might be dangerous, that they bad 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 hurting bis
men, charmed them 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 aud while shar
ing the hospitality- of his faithful friend Carson, he ad
dressed the following letter to his wife, and for its length,
we scarcely know a more thrilling record of personal
adventure in our language :
LETTER FROM COL. FREMONT TO HIS WIFE.
" Taos, New Mexico, Jan. 27, 1849.
" Mv vert dear Wifk ! I write to you from the house of our
good friend Carson. This morning a cup of chocolate was
brought to me, while yet in bed. To an overworn, overworked,
much fatigued, and' starving traveller, these little luxuries of the

LIFE AND SERVICES OF JOHN C. FREMONT.
world offer an interest which in your comfortable home it is not
possible for you to conceive. While in the enjoyment of this
luxury, then, I pleased myself in imagining bow gratified you
would be in picturing 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 he was enjoying the pleasant hospitality 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 telling you how I
came here. I had much rather write you some rambling letters
in unison witb the repose in which I feel inclined to indulge,
and talk to you about the future with which I am already busily
occupied ; about my arrangements for getting 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
tbe 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 tbe 25th 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 mountains, and down to the lower
parts of tbe Grand River tributaries, where usually the snow
forms no obstacle to winter travelling. At the Pueblo, I bad
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 EXPEDITION. 367
trapping various parts of the Rocky Mountains. The error of
our journey was committed in engaging this man. He proved
never to have in the least known, or entirely to have forgotten
the whole region of country through which we were to pass.
We occupied more than half a month in making tbe journey
of a few days, blundering a tortuous way through deep snow
which already began to choke up the passes, for which we were
obliged to waste time in searching. About the 1 1th December
we found ourselves at the North of the Del Norte Canon, where
that river issues from the St. John's Mountain, one ofthe high
est, most rugged and impracticable of all the Rocky Mountain
ranges, inaccessible to trappers and hunters even in the summer
time. Across tbe point of this elevated range our guide con
ducted us, and having still great confidence in his knowledge,
we pressed onwards with fatal, resolution. Even along the
river bottoms the snow was already belly deep for the mules,
frequently snowing in tbe valley and almost constantly in the
mountains. The cold was extraordinary ; at the warmest
hours of the day (between one and two) the thermometer
(Fahrenheit) standing in tbe shade of only 'a tree trunk at
zero ; the day sunshiny, with a moderate breeze. We pressed
up towards the summit, tbe snow deepening; and in four or
five days reached the naked ridges which lie above tbe tim
bered country, and which form the dividing grounds between
the waters of tbe Atlantic and Pacific oceans. Along these
naked ridges, it storms nearly all winter, and the winds sweep
across them witb remorseless fury. On our first attempt to
cross we encountered a pouderie (dry snow driven thick
through the air by violent wind, and in which objects are
visible only at a short distance), and were driven back, hav
ing some 10 or 12 men variously frozen, face, hands, or feet.
The guide became nigh being frozen to death here, and dead
mules were already lying about the fires. Meantime, it snowed
steadily. Tbe next day we made mauls, and beating a road
or trench through the snow crossed the crest in defiance of

368 LIFE AND SERVICES OF JOHN C. FREMONT.
the pouderie, and encamped immediately below in tbe edge
of the timber. Tbe 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. We were encamped some
where about 12,000 feet above tbe sea. Westward, the coun
try was buried in deep snow. It was impossible to advance,
and to turn back was equally impracticable. We were over
taken by sudden and inevitable ruin. It so happened that
the only places where any grass could be had were the ex
treme summit of the ridges, where 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 the full violence
of the storms we were obliged to keep our animals. They
could not be moved either way. 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 tbe baggage (by men) down to
the Del Norte. With great labor the baggage was transported
across the crest to tbe bead springs of a little stream leading to
tbe main river. A few days were sufficient to destroy our fine
band of mules. They generally kept huddled together, and as
they froze, one would be seen to tumble down and the snow
would cover him; sometimes tbey would break off and rush
down towards the timber until they were stopped by the deep
snow, where they were soon hidden by the pouderie. The
courage of the men failed fast ; in fact, J have never seen men
so soon discouraged 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

HP" s
W^Smmm

*£®*m&

TLH1UFIU SNOW STORM ON Tli li liOUKY MOUNTAINS— OUL. Fit EM OflT KEEPS CliltiaTM AS
KEADINO ULACKSTOME— PAGE 869.

FOURTH EXPLORING EXPEDITION. 369
our baggage to Taos. With economy, and after we should leave
the mules, we had not two weeks' provisions in the camp. These
consisted of a store which I had reserved for a hard day,
macaroni and bacon. From among the volunteers I choose
King, Brackenridge, Creutzfeldt, and the guide Williams ; the
party under the command of King. In case of tbe least delay
at tbe settlements, he was to send me an express. In the mean
time, we were to occupy ourselves in removing the baggage and
equipage down to the Del Norte, which we reached with our
baggage in a few days after their departure (which was the day
after Christmas). Like many a Christmas for years back, mine
was spent on tbe summit of a wintry mountain, my heart filled
with gloomy and anxious thoughts, witb none of tbe merry faces
and pleasant luxuries tbat belong to tbat happy time. You may
be sure we contrasted much this with tbe last at Washington,
and speculated much on your doings, and made many warm
wishes for your happiness. Could you have looked into
Agrippa's glass for a few moments only ! You remember the
volumes of Blackstone which I took from your father's library
when we were overlooking it at our friend Brant's ? They
made my Christmas amusements. I read them to pass the
heavy time and forget what was around me. Certainly you
may suppose that my first law lessons will be well remembered.
Day after day passed by and no news from our express party.
Snow continued to fall almost incessantly "on the mountain.
The spirits of the camp grew lower. Prone laid down in the
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 had
elapsed from King's departure, I became so uneasy at the 'delay
tbat I decided to wait no longer. I was aware tbat our troops
had been engaged in hostilities witb tbe Spanish Utahs and
Apaches, who range in tbe North River valley, and became
fearful that they (King's party) had been cut off by these
Indians ; I could imagine no other accident, leaving the camp
16*

370 LIFE AND SERVICES OF JOHN C. FREMONT.
employed with the baggage and in charge of Mr. Vincenthaler,
I started down the river witb a small party consisting of Godey,
(with his young nephew), Mr. Preuss and Saunders. We
carried our arms and provision for two or three days. In the
camp tbe messes had provisions for two or three meals, more or
less ; and about five pounds of sugar to each man. Failing to
meet King, my intention was to make tbe Red River settlement
about twenty-five miles north of Taos, and send back the
speediest relief possible. My instructions to the camp were,
that if they did not hear from me within a stated time, they
were to follow down the Del Norte.
" On the second day after leaving camp we came upon a fresh
trail of Indians — two lodges, with a considerable number of
animals. This did not lessen our uneasiness for our people. As
tbeir trail when we met it turned and went down the river, we
followed it. On the fifth day we surprised an Indian on tbe ice
of the river. He proved to be an Utah, son of a Grand River chief
we had formeriy known, and behaved to us in a friendly man
ner. We encamped near them at night. By a present of a
rifie, my two blankets, and other promised rewards when we
should get in, I prevailed upon this Indian to go with us as a
guide to the Red River settlement, and take witb him four of
his 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 discovered a
little smoke, in a grove of timber off from the river, and think
ing perhaps it might be our express party on its return, we went
to see. This was the twenty-second day since they bad left us,
and fhe sixth since we had left the camp. We found them —
three of them — Creutzfeldt, Brackenridge, and Williams — the
most miserable objects I have ever seen. I did not recognize
Creutzfeldt's features when Brackenridge brought him up to me
and mentioned bis name. They had been starving. King bad
starved to death a few days before. His remains were soine

FOURTH EXPLORLNG EXPEDITION. 371
six or eight miles above, near the river. By aid of tbe horses,
we carried these three men with us to Red River settlement, which
we reached (Jan. 20), on the tenth evening after leaving our
camp in the mountains, having travelled through snow and on
foot one hundred and sixty miles. I look upon the anxiety
which induced me to set out from the camp as an inspiration.
Had I remained there waiting the party which had been sent in,
every man of us would probably have perished.
"The morning after reaching the Red River town, Godey
and myself rode on to the Rio Hondo and Taos, in search of
animals and supplies, and on tbe second evening after tbat on
which we bad reached Red River, Godey bad returned t<5 that
place with about thirty animals, provisions, and four Mexicans,
with which be set out for tbe camp on tbe following morning.
On the road he received eight or ten others, which were turned
over to bim by the orders of Major Beale, the commanding offi
cer of this northern district of New Mexico. I expect that
Godey will reach this place with the party on Wednesday eve
ning, tbe 31st. From Major Beale I received the offer of every
aid in his power, and such actual assistance as he was able to
render. Some horses which be bad just recovered from the
Utahs were loaned to me, and he supplied me from the commis
sary's department with provisions which I could have had
nowhere else. I find myself in the midst of friends. With Carson is
living Owens, and Maxwell is at bis father-in-law's, doing a very
prosperous business as a merchant and contractor for tbe troops.
" Evening. Mr. St. Vrain and Aubrey, who have just arrived
from Santa Fe, called to see me. I had the pleasure to learn
tbat Mr. St. Vrain sets out from Santa Fe' on the 15th of Febru
ary, for St. Louis, so that by him I have an early and certain
opportunity of sending you my letters. Beale left Santa Fe" on
his journey to California on the 9th of this month. He probably
carried on witb him any letters -which might have been at Santa
Fe' for me. I shall probably reach California with him or shortly
after him. Say to your father tbat these an my plans for tha
future.

372 LIFE AND SERVICES OF JOHN 0. FREMONT.
" At the beginning of February (about Saturday) I shall set
out for California, taking tbe southern route, by tbe Bio Abajo
tbe Paso del Norte, and the south side of tbe Qila, entering
California at tbe Agua Caliente, thence to Los Angeles and
immediately north. I shall break up my party here and take
witb me only a few men. Tbe survey has been uninterrupted
up to this point, and I shall carry it on consecutively. As
soon as possible after reaching California I will go on with
the survey of the 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 President (whoever he maybe) in carrying it on effec
tually and rapidly to completion. For this I hope earnestly. I
shall then be enabled to draw up a map and report on the whole
country, agreeably to our previous anticipations. All my other
•plans remain entirely 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. "Monday, 29.- My letter now assumes a journal form. No
news yet from the party, — a great deal of falling 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 tbe United States it seems to me to
offer little other value than the right of way. It is throughout
infested witb Indians, with whom in the course of the present
year the United States will be at war, as well as in the Oregon
Territory. To bold this country will occasion the government
great expense, and, certainly, one can see no source of profit or
advantage in it. An additional regiment will be required for
special service bere.
" Mr. St. Vrain dined with us to-day. Owens goes to Mis
souri in April to get married, and thence by water to Cali
fornia. Carson is very anxious to go there with me now, and

FOURTH EXPLORING EXPEDITION. 373
afterwards remove his family thither, but he cannot decide to
break off from 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 effect. When we over
took King's starving party, Brackenridge said that he ' would
rather have seen me 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 me
from my ill-fated party. Mr. Haler came in last night, having
the night before reached Red River settlement, with some three
or four others. Including Mr. King and Proue, we have lost
eleven of our party. Occurrences after I left them, are briefly
these, so for as tbey are within Haler's knowledge. I say briefly,
my dear Jessie, because now I am unwilling to force myself to
dwell upon particulars. I wish for a time to shut out these
things from my mind, to leave this country, and all thoughts
and all things connected witb recent events, which have been
so signally disastrous as absolutely to astonish me with a persis
tence of misfortune, which no precaution has been adequate on
my part to avert.
" You will remember that I had left. the camp with occupation
sufficient to employ them for three or four days, after which they
were to follow me down tbe river. Within that time I bad
expected the relief from King, if it was to come at all.
" Tbey remained where I had left them seven days, and then
started down the river. Manuel — you will remember Manuel,
the Cosumne Indian — gave way to a feeling of despair after they
had travelled about two miles, begged Haler to shoot him, and
then turned and made his way back to tbe camp ; intending to
die there, as he doubtless soon did. They followed our trail
down tbe river — twenty-two men they were in all. About ten
miles below the camp, Wise gave out, threw away his gun and

374 LIFE AND SERVICES OF JOHN C. FREMONT.
blanket, and a few hundred yards further fell over into the snow
and died. Two Indian boys, young men, countrymen »f Manuel
were behind. Tbey rolled up Wise in his blanket,, and buried
him in the snow on tbe river bank. No more died that day —
none the next. Carver raved during tbe night, bis imagination
wholly occupied witb images of many things which he fancied
himself eating. In tbe morning, he wandered off from 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 off the game. - Things
were desperate, and brought Haler to tbe determination of
breaking up the party, in order to prevent them from living
upon each other. He told them ' that be had done all he could
for them, that tbey had no other hope remaining than the
expected relief, and that tbeir best plan was to scatter and make
the best of their way in small parties down the river. That, for
his part, if he was to be eaten, be would, at all events, be found
travelling when he did die.' They accordingly separated.
With Mr. Haler continued five others and the two Indian boys.
Rohrer now became very despondent ; Haler encouraged him
by recalling to mind his family, and urged him to hold out a
little longer. On this day be fell behind, but promised to over
take them at evening. Haler, Scott, Hubbard, and Martin
agreed tbat if any one of them should give out, the others were
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, according to Taplin, to remain where
they were until the relief should come, and in the meantime, to
live upon those who had jiied, and upon the weaker ones as fhey
should die. With tbe three Kerns were Cdthcart, Andrews,
McKie, Stepperfeldt, and Taplin.

FOURTH EXPLORING EXPEDITION. 373
"Ferguson and Beadle had remained together behind. In
the evening, Rohrer came up and remained with Kern's mess.
Mr. Haler learned afterwards from that mess that Rohrer and
Andrews wandered off the next day and died. Tbey say they
saw their bodies. In the morning Haler's party continued on.
After a few hours, Hubbard gave out. They built bim a fire,
gathered him some wood, and left him, without, as Haler 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 tbe frontier— gave out. They did tbe
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. Haler heard and knew tbe guns which
he fired for him at night, and starting early in the morning,
soon met bim. I bear that they all cried together like children.
Haler turned back witb Godey, and went with him to where
they had left. Scott. He was still alive, 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, mot
Ferguson, who told them that Beadle had died tbe night
before. " Godey continued on with a few New Mexicans and pack
mules to bring down the baggage from the camp. Haler, 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 the latest, they
tbey 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

376 LIFE AND SERVICES OF JOHN 0. 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 he is to meet me at Albuquerque, and thence I continue
the journey on my own animals. My road will take me
down tbe Del Norte, about 160 miles below Albuquerque
and then passes between this river and the beads of the
Gila, to a little Mexican town called, I think, Tusson. Thence
to the mouth of the Gila and across tho Colorado, direct
to Agua Caliente, into California. I intend to make the
journey rapidly, and about the middle of March ; Jiope for
tbe great pleasure of bearing from home. I look for a large
supply of newspapers and documents, more perhaps because
these things have a home look about tbem 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 tbe happy home we are to have, and oftenest and
among the pleasantest of all I see, our library with its bright fire
in the rainy stormy days, and the large windows looking out
upon tbe sea in tbe bright weather. I have it all planned in my
own mind. It is getting late now, La Harpe says tbat 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, he addressed the following
letter to Colonel Benton :
' LETTER FROM COL. FREMONT TO COL. BENTON.
Socokbo, Rio del Noktb, February 24, 1349.
My Dear Sir : I write a line from this place in the hope that
by way of Chihuahua and Vera Cruz, it will reach you sooner

FOURTH EXPLORING EXPEDITION. 377
than letters by the direct mail from Santa Fe", and so be in
advance- of exaggerated reports of tbe events which have
delayed my journey, and turned me 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 tbe Rocky Mountains at tbe bead of the Del Norte.
We lost all our animals and ten men, tbe mules frozen, and the
men starved to death, Proue 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 twenty-two days, and King
having been starved to death. In four days afterwards I reached
the settlements, in time to save many, but too late to rescue all
the men. Relief was immediately sent back, but did not meet
them in .time to save all. An attempt, made with fresh animals,
to get our baggage out of the snow, failed entirely, resulting
only in the loss of ten or twelve animals more. On the main
river bottoms at the foot of tbe 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 bad 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 witb me, were in greater part saved.
"The officers of the army stationed in tbe country have been
uniformly prompt and liberal in tbeir attentions to me, offering
me all the assistance in tbeir power. In this country, where
supplies are scarce and extravagantly high, this assistance was
of great value to me in prosecuting my journey. Among thosa
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. Buford. I mention tbeir names particu
larly, knowing tbat you will take pleasure in reciprocating it to
them. Colonel Washington desired me to call on him without

378 LIFE AND SERVICES OF JOHN 0. FREMONT.
reserve for anything at his command. He invited me to dine
with him one out of the two days I spent at Sante Fe", and dined
with me at the officers' quarters on the other. Major Weight-
man (of Washington, son-in-law of Mr. Cox) was very friendly
in his attentions to me, and Capt. Brent, of the quartermaster's
deputy, gave me some most effective aid in my equipment.
Among the citizens who have treated me with some attention, I
make it a duty to recommend to your attention, when you may
meet him, our fellow-citizen of St. Louis, Mr. F. X. Aubry. You
will remember bim as having lately made an extraordinary ride
from Sante Fe" to Independence. We have been travelling
together from Santa Fe" 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,
hy appointment to breakfast. Capt. Buford, who commands
here, received me with much kindness, and I am staying with
him. This is a military post, and witb the exception of a little
village or two, a few miles below, tbe last settlement we see
until reaching Tusson, even should we pass by tbat route. We
go on this afternoon, and perhaps reach California in twenty-five
days. The weather bere is warm, and the people engaged in
opening tbe ground for sowing. I will write a brief note to
Jessie, and conclude this, as I shall be much pressed to get
through tbe business set apart for this day.
"Very affectionately, " J. C. Fremont.
" Hon. Thomas H. Benton, Washington City."

MARIPOSAS. 379

CHAPTEE XIY.
FREMONT SETTLES TN MARIPOSAS  CAUSE OF INDIAN HOSTI
LITIES  TITLE TO MARIPOSAS: — ORIGINAL DEED OF THE
ESTATE  TITLE QUESTIONED AND RESISTED BY CALEB
CUSHING  CONFIRMED BY THE U. S. SUPREME COURT
 OPINION OF CHIEF JUSTICE TANEY  RECEIVES THE AP
POINTMENT OF MEXICAN BOUNDARY COMMISSIONER  HIS
MAGNANIMITY TO COL. WELLER— FIRST POLITICAL LETTER
 ELECTED TO THE UNITED STATES SENATE.
Col. Fremont had arrived in California with the
intention of making it his future home. By a judicious
investment of about $3,000 in 1847, he had become
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 Nevada.
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 LIFE AND SERVICES OF JOHN C. FREMONT.
have their rise in Mount Bullion, thus very appropri
ately named, out of compliment to Col. Benton. The
mountains in the rear, of granite, run up into lofty peaks
which are covered with eternal 6now, and about twenty
miles from the borders of the estate is a waterfall 2300
feet high, the highest we believe in Ihe world. The
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 passed through it on his third expedition, our
readers will remember 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 the
whites who have visited the estate, whom as a race they
look upon with justifiable suspicion. In 1851 a regi
ment under the command of Col. Johnson, was sent up
into the Mariposa to punish this tribe for some murdere
which, they had committed, and the colonel is reported
to have said that he never knew an Indian war that was
not occasioned by the brutality of the whites, and attri
bnted the one in which he was engaged to the same
cause. The editor of the CaUfornia Courier, who was
with him, confirmed the colonel's impressions by the
following story :
" Four Creeks, a long way up in the Mariposa mountains, is an
excellent farming and grazing country. There tbe waters are
as bright as moonbeams, and come down from the mountain
springs as cool as fhe sheeted snow. Pine trees, six or eight
feet through, run np 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 are covered with heavy snows,

FREMONT'S TITLE TO MARIPOSAS. 381
the temperature of the valleys is as mild as those of Switzerland,
the streams are full of salmon, and the crimson clover fills the
whole air witb a sweet perfume. It is tbe Indian's Paradise in
California, and the Mexican population have never molested them
in it. At Four Creeks, was a magnificent oak — tbe king oak of
the mountain. It was a sacred tree to tbe Indians. Under its
branches they held their councils, and worshipped the Great
Spirit. Here, also, tbey buried their chiefs and wise men. It
had always been respected by tbe immigrants, until some two
months since when a cattle dealer drove a large number of oxen
up from Walker's Pass to the Indian village. He was treated
with the greatest kindness by the natives, and tbey offered to
assist bim to ' corral ' bis beasts. But tbe old man took a fancy
to build bis ' corral ' around the old oak. He was told its sacred
character, and remonstrated with, but to no purpose. He had
made up his mind that bis cattle should sleep in the Indian
church, and he ' would be d — d if they shouldn't.' Well, the
red men got out their arrows, and at night killed the old man
and bis herdsmen, and drove off bis cattle. Who can blame
them ? This wanton act has already caused tbe death of scores
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, and as his rights thus acquired have been
the subject of a long and expensive litigation, only
brought to a final 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 1844, Manuel Micheltorrena, then governor and
commandant general, issued a grant of what is now

382 LIFE AND SERVICES OF JOHN 0. FREMONT.
known as the Mariposas property, to Juan Alvarado, par-
porting to be founded upon the patriotic services of Alva
rado, who had been conspicuous in the commotions in
California which resulted from the centralizing policy of
Mexico, out of which grew the Texas revolution, and was
afterwards appointed governor by the provincial depu
tation. In 1837, he repelled the effort of Cavallo who
had been appointed governor by Mexico, to take posses
sion of the .government, and was afterwards confirmed as
governor of California by the constitutional authorities
of Mexico. He continued in that office until Michel-
torrena was appointed to succeed him, and he was
appointed first counsellor of the departmental junta with
a salary of $1,500. For these services the following
grant was. made :
"Whereas. Don Juan B. Alvarado, colonel of the auxiliary
militia of this department, is worthy for his patriotic services, to
be preferred in bis pretension for his personal benefit and that
ofhis family, for the tract of land known by the name of the
Mariposas, to the extent of ten square leagues (sitior de ganado
mayor), within tbe limits of tbe Snow Mountain (Sierra Nevada)
and the rivers known by the names of the Chauchilles, 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 tbe aforesaid tract, declaring the same by these presents his
property in fee, subject to the approbation of the Most Excellent
the Departmental 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 ; he shall enjoy the same freely and

ORIGINAL DEED OF MARIPOSAS. 383
without hindrance, destining it to such use or cultivation as
may most suit him, but he shall build a bouse within a year, and
it shall be inhabited.
" ' 3. He shall solicit, from tbe proper magistrate, the judicial
possession of the same, by virtue of this patent, by whom the
boundaries shall be marked out, on the limits of which be (the
grantee) shall place the proper landmarks.
" ' 4. The track of land granted is ten sitios de ganado mayor,
(ten square leagues), as before mentioned. The magistrate who
may give the possession shall cause tbe same to be surveyed
according to the ordinance, the surplus remaining to the nation
for the proper uses.
" ' 5. Should be violate tbe conditions, he will lose hia right
to the land, and ii will be subject to being denounced by
another. " ' Therefore, I command tbat these presents being firm and
binding, that the same be registered in tbe proper book, and
delivered to tbe 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. " ' Manuel Micheltorrena.
" ' Manuel Timeno, Secretary.' "
On the 10th of February, 1847, Alvarado executed a
deed of the property as described in his 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 filed his claim before the
commissioners appointed to ascertain and settle the
private land claims in the State of California, and in
December, 1852, the grant was confirmed. On the 20th
of September, 1853, there was filed in the office of the
commissioners, a notice from Mr. Attorney-General

384 LDJE AND SERVICES OF JOHN C. FREMONT.
Cushing, that an appeal from the decision of the Com
missioners to the District Court of the United States
would be prosecuted, and i- consequence of that appeal
the decision of the commissioners was reversed on the
7th of January, 1854. An appeal was taken from that
decision by Col. Fremont to the Supreme Court of the
United States. The case was argued on the part of
Col. Fremont by Wm. Carey Jones, Mr. Bibb and Mr.
Crittenden ; on the part of the government by Caleb
Cushing, Attorney-General. The grounds taken against
the title by the government were as follows :
" 1. That Fremont's claim is on a gratuitous colonization grant
by the Mexican governor of California to on* Alvarado, of which
there bad been no surveys, no plan, no occupation, no site even,
no confirmation by tbe proper public authority, no performance
of any of tbe conditions precedent or subsequent annexed to the
grant. " 2. That the concession to Alvarado was null for uncertainty
of description and incapability of definite location.
" 3. That tbe concession was not confirmed by tbe depart
mental Assembly, and was riot therefore entitled to confirmation
by the United States Courts.
" 4. That the grant was void because the conditions annexed
had never been performed.
" 5. That until the governor-general confirmed the concession
the title remained in the crown.
" 6. That none of the excuses for non-performance alleged in
Alvarado's behalf possessed legal force.
" 1. That the grant to Alvarado was a gratuitous one except
in so far as the performance of tbe conditions would relate back
to constitute a consideration.
" 8. That tbe original petition, the provisional grant and the
decree of the Commissioners, each assumed a floating claim not
as a grant of an identical tract of land by metes and bounds.

OPINION OF CHIEF JUSTICE TANEY. 385
The Supreme Court took a different view of the case
from Mr. Cushing ; reversed the decision of the District
Court of California, and confirmed CoL' Fremont's title
in every particular. Chief Justice Taney delivered the
opinion of the Court, in the course of which, whila
speaking of the provision against alienation attached to
Alvarado's grant, and which, he said, was void, as being
in violation of a decree of the Mexican Congress, he
observes :*
" But if this condition was valid by the laws of Mexico, and
if any conveyance made by Alvarado would have forfeited the
land under the Mexican government as a breach of this condi
tion, or if it would have been 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 tbat time in possession of the American
forces, and held by the United States as a conquered country,
subject to the authority of tbe 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 witb tbe rights of the United States,
or its public policy, or with the rights of its citizens, were
annulled by the conquest. Now, there is no principle of public
law which prohibits tbe 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 tbe 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. 564-5.
17

386 LIFE AND SERVICES OF JOHN C. FREMONT.
rican government is called on to execute the Mexican law. And
it can. hardly be maintained 'that an American citizen, who
makes a contract or purchases property under such circum
stances, can be punished in a court of the United States with the
-penalty of forfeiture, when these is no law of Congress to inflict
it. The purchase was perfectly consistent with the rights and
duties of Colonel Fremont, as an American officer and an Ame
rican citizen ; and the countryan which he made the purchase
was, at the time, subject'to the authority and dominion of the
United States. * * * •*' * * *
tJ» "Upon the whole, it is the opinion of the court that the
claim of the petitioner is valid,, and ought to. be confirmed. The
decree of the district eourt must, 'therefore, be reversed, and the
case remanded, with directions to tbe district court to enter a
decree conformably to this opinion."
Mariposas abounds in gold, and when Col. Fremont first
passed over it, he and his party picked up 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
personal inspection, and from the letters of his agents,
he brought with him when he reached California this
year — 1849 — 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. He was to provision them, and
they were to divide the gold they found equally with
him. 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 V. S. COMMISSIONER. 387
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 the resources of his magnificent estate,
and rapidly providing 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 very
friendly and unequivocal expression of General Taylor's
disapproval of the verdict of the court-martial which
had dismissed him from the army, a few months pre
viously. He 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 appearing insensible to the generous 'motives of its
author. He 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. Weller would not be retained) and
wished to know when it would be most agreeable to
Mr. W. to be relieved. Mr. Weller infornaed him that
the affairs of tha commission were in great confusion

%
388 LIFE AND SERVICES OF JOHN C. FREMONT.
'*
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 failed in all his plans for raising the money
that he required, Col. Fremont endorsed his drafts for
him, 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.
LETTER FROM JACOB R. SNYDER TO COL. FREMONT.
San Francisco, Dee. 11th, 1849.
Dear Sir: Your name has been long before the people of
California as a candidate for the U. S. ' Senate. As an old
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 tbe distinctive tenets of the democratic party?
What are your views in relation to an overland communication
by railroad or otherwise, from tbe Pacific to the Atlantic and
through the territory of the United States? What is the true
history and real nature ofyour title to a certain tract of land
whi.cb you are said to claim on the Mariposa River? What
have you done, and what do you propose to do, to establish
tbat claim ?
"What has been your course in reference to a commission
which you are said to have received to run the boundary line
called for by tbe late treaty with Mexico? Was tbat 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 tbe transaction with D. Eulogio
de Celis, concerning which, certain publications were sometime
since made in tbe newspapers of this place and of some of the
Eastern States? On all of these matters I would respectfully
submit tbat as full an answer as this short notice will allow, is
due to your friends and supporters, and tha' in regard to your
political principles, a declaration would come from you with
peculiar fitness, seeing tbat your occupations, honorabk- as they
have been, and serviceable to your country, have not Lien 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 ?' "Yours, &c,
"Jacob R. Snyder.
"J. C. Fremont, Esq." REPLY OP COL. FREMONT. "San Francisco, Dec. llth, 1849.
" My Dear Sir : I have tbe pleasure to acknowledge the
receipt of your letter to-day, and to make you my kind thanks for
¦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 tbe two great parties, I have only
further to say, that I adhere to the great principles of the demo
cratic party as they are understood on this and tbe other side of
the continent. I 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, I am
warmly in favor of its immediate location and speediest possible
construction. Its stupendous magnitude — the immense benefit
whieh it will confer upon our whole country — tbe changes which
it will operate throughout the Pacific Ocean and eastern Asia —
commingling together the European, American, and Asiatic
races-r-spreading indefinitely religious, social and political im-
provement-«-chara "terize 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 tbe 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 tbe interior of our continent, and along a great part
ofthe 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

WELLER CORRESPONDENCE. 891
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. Tbe result was en
tirely satisfactory. It convinced me that neither tbe snow of
winter nor the mountain ranges were obstacles in tbe way of
the road, and furnished me witb a far better line than any I bad
previously known. From tbe frontier of Missouri along tbe line
of tbe Kansas River, 400 miles of rich wooded country, well
adapted to settlement — by the upper waters of tbe Arkansas
into and through the rugged mountains in which tbey rise, to
the valley which lies around the head waters of the great Del
Norte — the profile of tbe 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, commencing on the frontier of Missouri at the 39th
and ending in the Del Norte valley at the 38th — the route pre
sents a comparatively straight line, running for a greater part of
tbe 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 Norte
that region yet remains to. be explored, well known from reliable
information to afford through tbe mountains which separate tbe
valley of tbe Del Norte and Colorado, an excellent pass, travelled
by the Mexicans at all seasons of tbe year, which gives every
reason for believing that the character of tbe country is equally
favorable. Its further progress would carry it by tbe southern
extremity of tbe country now occupied by the people of De-
seret, and thence by tbe line of tbe Humboldt River around into
the bead ofthe 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, going through tbe

392 LIFE AND SERVICES OF JOHN 0. FREMONT.
southern part of Mormon — and branching into Oregon from the
confines of California.
" Some months since, in conversation with Gen. Smith, I had
the honor to propose this plan for tbe location of the road, I
further indicated to him the existence of .this favorable way and
pass from the Humboldt River into the head of tbe lower Sacra
mento valley.' Gen. Smith decided immediately to send an
exploring party to examine the route, and requested me to send
him a letter recapitulating tbe 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 officer who commanded it, I am informed
that his journal and sketches fully establish, so far as he 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 creek 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 bad been granted in
consideration of his publio services. . Mr. Larkin paid for it
$3,000. I have never seen tbe 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 bad 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 visited
the place in company witb Dr. Corrie, Mr. Reid, and several
other gentlemen, and for the first time saw the land. 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 CORRESPONDENCE. 393
— crowded to the same place, and to this day from two to three
thousand persons have been regularly employed. They have
worked them freely ; no one has ever offered them the slightest
impediment, nor have I myself, ever expresed to any one or
entertained an intention of interfering witb the free working of
the mines at that place. I regard the claim to the Mariposa in
the same light as any other vested right. It was a purchase
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 the gold, as it is now,
free to all who have tbe industry to collect it.
" I was at San Jose-, when I had the honor to receive from
President Taylor, by the hands of Dr. Beale, the commission to
run the boundary line witb Mexico. I regarded that commission
as a disavowal on tbe part of the President of the proceedings
recently held against me. Respect to tbe President, together
witb a full appreciation of the consideration which had induced
him to make tbe 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
shortly afterwards to resign. I immediately went to San Fran
cisco, where I had been informed Col. Weller had arrived. He
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 tbe 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 I should relieve him. I learnt tbat the
object of his journey to San Francisco had been to procure funds
witb which to discharge the liabilities of tbe government to his
party ; and that it would best suit his purposes to obtain the
necessary sum, return to San Diego, and be relieved by me at

394 LIFE AND SERVICES OF JOHN O. FREMONT.
that place. I then informed him that my instructions left me a*
liberty to relieve when I should be ready to do so, and that
accordingly he might proceed to San Francisco, and it was
agreed, that if Col. Weller did not succeed in obtaining money
from Gen. Riley, to whom be intended to apply,, an express
should be forwarded to me, and the money obtained at San Fran
cisco and brought down by me in the steamer.
" On tbe eve of leaving San Francisco and too late to negoti
ate drafts, I received an express informing me that Gen. Riley
had declined furnishing the money. When tbe steamer reached
Monterey, I found Col. Weller on the landing, ready to embark
for San Diego, and fully expecting to receive the money ; under
standing the embarrassment of his situation, I offered, if he
determined to go on to San Diego, that I would return to San
Francisco, to procure tbe money and bring or send it to him.
" I had, in the mean time, resigned my appointment, informing
the secretary tbat 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 tbat Col.
Weller was not detained at San Diego, as he returned to this
place as soon as could be expected after tbe receipt of tbe money.
This is a brief statement of tbe course I have pursued. It was
dictated altogether by a disposition to promote tbe 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
my friends for me.
" In reply to your inquiry for information regarding the " real
nature of the transaction with D. Eulogio de Celis,' I have to
state, tbat, at a time when the troops under my command were
destitute of provisions, and we were able to procure them only
in small and desultory supplies, on a precarious credit, Major

WELLER CORRESPONDENCE. 395
Samuel Hensley, then commissary for the battalion, called upon
me witb an offer from Mr. Celis, which I was glad to accept
immediately. The offer was to furnish me with 600 head of
cattle, at t§n 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
tbe difference in price of tbe cattle ($8 being tbe cash piice
then), being a bonus for tbe loan and for the relief afforded by
the provisions. D. Andres Pico was charged to bring tbe cattle
from San Louis Obispo to Los Angeles. In the interval of bis
absence, General Kearney issued his proclamation, taking out of
my hands the partial direction of affairs which I had retained,
and destroying tbe confidence which the people of the South bad
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 immediately
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 bis 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 tbe
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 witb D. Andres ; but agreeably
to the suggestion of MajonHensley, it was decided to place them
with Mr. Stearns, as "a security both to Celis and to tbe govern
ment, until we should be able to know what course would be
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 tbe action of the government.

396 LIFE AND SERVICES OF JOHN 0. FREMONT.
" It had been made a matter of charge against ma, tLat I gave
to Mr. Celis a full receipt for the delivery of all the cattle, when
I had received only a part. I bad tbe right to do so. 1 had the
right to complete my own contracts, when others, whose duty it
was to resume them, endeavored rather to invalidate them. As
Mr. Celis bad had sufficient confidence in me ' to advance me
money, and I was under order to leave the country immediately,
I chose to have sufficient confidence in him to give him a receipt
for all tbe cattle, and to bind the government to him, so far as I
possibly could. These cattle were all delivered as soon as tbey
could he brought -to Los Angeles.
" Since my return to this country I have received a number of
affidavits 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 thus, my dear sir, briefly and hurriedly
answered your several inquiries ; I should have been better satis
fied if there bad 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 eyent, I beg you to receive my thanks for the kindness of
the motive which dictated your 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 am yours truly, "J. C. Fremont.
" J. R. Snyder, Esq."
This letter put an end to any further talk about Mr.
Weller's commissionership, and at once placed him in
the front rank of the candidates for the United States
Senate from California, under the new constitution which
had just been adopted by her people. Ten days after

ELECTED UNITED STATES SENATOR. 397
the date of his letter the new legislature assembled at
1 San Jose the seat of government, and immediately after
the inauguration of the new governor, Burnett, proceeded"
to an election of United States senators. Fremont was
elected on the first ballot by seven majority.*
This election, so flattering to a young man not yet
thirty-seven years of age, and presenting such alluring
prospects of political distinction, he. felt it his duty
to accept, although fully aware that it was certain to
derange, perhaps for ever, the acceptable scheme of life
he 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 C. Fremont  29
H. W. WaUeck, .... 14
Geary, .... 5
Henley, .... 9
Gwin was also elected on the third ballot by a majority of two votes,

Wm. W. Gwin  22
T. Butler King, .... 10
Semple, .... 8

398 LIFE AND SERVICES OF JOHN 0. FREMONT.

CHAPTEE XV.
8ATLS FOR WASHINGTON AS UNITED STATES SENATOR —
TAKES THE CHAGRES FEVER  LETTER TO THE PHILA
DELPHIA PACIFIC RAILROAD CONVENTION.
The prompt action of the legislature of California in
choosing 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 first and only serious

TAKES THE CHAGRES FEVER. 399
illness he ever had, though it clung to him for
several years, and is only worthy of particular ¦ men
tion here 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 lst of
April, for the purpose of promoting the construction of
a national road to the Pacific 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 upon the great problem of a highway
across the continent, his views were looked for 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 upon
the subject, from any quarter.

LETTER FROM COLONEL FREMONT TO MESSRS. B. GERHARD AND
OTHERS, COMMITTEE, &C.
" Gentlemen : It would have given me great pleasure to have
been able to accept your kind invitation, and to have met the
interesting Mississippi and Pacific Railroad Convention on Mon
day, but the remains of a Chagres fever confine me to my room,
and leave me no other mode of showing my sense of your atten
tion, and manifesting the interest I take in tbe great object
which assembles this convention, than to contribute, so far as I
6an, to the mass of the information which will be laid before it.
In doino- this, I regret tbat tbe 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 offer for your con-

4:00 LDTE AND SERVICES OF JOHN 0. FREMONT.
sideration ; but I have caused a skeleton map, rudely sketched,
to be prepared to accompany this communication, and which in
exhibiting the prominent features of tbe country, and general
direction of the line, will be found sufficiently full and accurate
to illustrate what I have to say.
" Many lines of explorations through tbe wilderness country,
from our inhabited frontier to tbe Pacific Ocean", have conclu-
sivelj' satisfied me that the region or belt of country, lying
between the 38th and 39th parallels of latitude, offer singular
facilities and extraordinary comparative advantages for the con
struction of the proposed road.
" I propose, therefore, to occupy your attention solely with this
line ; for the clearer understanding of which, it will aid to keep
under the eye the accompanying map, upon which the unbroken
red lines are intended to show that the regions which they tra
verse have been already explored, while the broken red lines
what is known only from reliable information.
" The country to be traversed by the proposed road exhibits
but two great features — the prairies reaching to about the 105th
degree of longtitude ; and the mountains, with which it is brist
ling from that point to the shores of the Pacific ocean. Some years
of travel among these mountains, during which I was occupied
principally in searching for convenient passes and good lines of
communication, gradually led me to comprehend their structure,
and to understand 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 Vl
degrees, all these apparently continuous ranges are composed of
lengthened blocks of mountains, separate and detached of greater
or less length, according to the magnitude of the chain which
tbey 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 tbe range, but in many cases lying

THE PACIFIC RAILROAD. 401
diagonally across it. Springing suddenly up from the general
level of the country, sometimes rising into bare and rocky sum
mits, of great height, tbey leave-openings through the range but
little above the general level, and by which they can be passed
without climbing a mountain. Generally these openings are
wooded valleys, where the mountain springs from either side
collect together, forming often tbe main branches of some
mighty stream. Aggregated together in this way, they go to
form the great chain; of tbe Rocky Mountains and Sierra
Nevadas as well as the smaller and, secondary ranges which
occupy the intervening space. With the gradual discovery of
this system, I became satisfied, not only of the entire practica
bility, but of tbe easy construction of a railroad across this
rugged region. As this peculiarity forms tbe basis of my infor
mation, I desire to state it clearly at the outset, in order that I
may be more readily understood in proceeding to show that this
continent can be crossed from tbe Mississippi to the Pacific,
without climbing a mountain, and on tbe 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 entire line
into three parts — the Eastern, reaching from the mouth of the
Kansas to the bead of the Del Norte ; the Middle, from tbe head
of the Del Norte to the river of the Great Basin ; ar.d the West
ern, from the in of the Great Basin to the ocean. Beginning
near the 39 th parallel 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 tbe 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 point the prairie
plains sweep directly up to tbe mountains, which dominate them
as highlands to the ocean.

402 LIFE AND SERVICES OF JOHN 0. FREMONT.
".The Huerfano is one of the upper branches of the Arkansas
and following tbe lines of this stream tbe 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 tbe valley country .short winters,
which spend their force in the elevated regions of the mountains.
The range 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 tbe 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 tbe 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
tbe other, tbe 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 bere 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 flat 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 through a handsome
rolling grass-covered country, affording practical wagon routes.
" Of this section of the route, so far as the entrance of this

PACDJIO RAILROAD. 403
pass, covering twelve degrees of longtitude, I am able to speak
from 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 tbe
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 woodeu 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
ofthe Kansas to the head of the valley ofthe Del Norte.
"A journey undertaken in the winter of 1848^49 (and inter
rupted here by entering more to the southward the rugged
mountains of St. John's, one of the most impracticable on the
continent), was intended to make a correct examination of this
pass and tbe country beyond to tbe 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. Tbe information thus
obtained had led me to attempt its exploration, as all accounts
concurred in representing it practicable for a road, and these
accounts were considered sufficiently reliable.
"According to this information, the same structure of tbe
country to which I have called your attention above, as forming
a system among tbe mountains, holds good here ; and I accord
ingly found no difficulty in believing that tbe road would readily
avoid any obstacles which might be presented in tbe 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

404 LIFE AND SERVICES OF JOHN C. FREMONT.
travelled, but at all seasons of the year, and is one of tbe travel
ling routes from New Mexico to California.
" The third section of the map is from tbe Wahsatch Moun
tain to the Sierra Nevada, and thence to the Bay of San Fran
cisco.' This route traverses tbe 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 tbat of tbe Humboldt River, which although
deflecting from tbe direct course of the bay, commands in its
approach to the mounfains several practicable passes, tbe lowest
of which is 4,500 feet above the sea. The southern line, which
in crossing the Basin has not the same freedom from obstruction
enjoyed by tbe 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 commonly 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 the
head of the beautiful and fertile valley San Joaquin, which the
road thence would follow down to its junction witb the Sacra -
mento^or to some point on tbe 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 beginning in
the railway at that pass.
" Tbe third line, which is the middle and direct line, and tbat
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 is

PACTFIO RAILROAD. 405
not considered insurmountable, nor in tbe jpresent state of rail
way science, sufficient to turn us from the direct route. A pass
is known as indicated by the line upon the map, which labor
would render practicable. Other passes are also known to the
north and south, and if tunneling became necessary, the struc
ture of the mountains is such as to allow tunnels to be used with
the greatest advantage. Narrow places are presented where
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 tbe Sierra Nevada, has
a general elevation of over 4,000 feet, so tbat 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 tbe
tide water.
" The foregoing remarks embody all tbe general information
I am now able to give upon this line. Tbe first section of it,
from the Missouri frontier 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 tbe
great elevation of the central part of the route. They are dry,

406 LIFE AND SERVICES OF JOHN C. FREMONT.
and therefore more readily passed through ; are thin in the
valleys, and remain only during a very brief winter. The winter
of my last expedition was one of unpreoedentedly deep and early
snows, yet in- the valley of the Kansas and Arkansas it was thin ;
in tbe 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. "The weather in these high mountains and deep valleys is of a
character adapted to such localities — extremely cold on the
mountains, while temperate in tbe valleys. I have seen it storm
ing for days together on tbe 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 tbe Rocky Mountains," tbe cold is lessi
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 tbe Mississippi to the Pacific. It fulfills,' in
my opinion, all the conditions for a route for a national
thoroughfare. " lst. It is direct. The course is almost a straight line. St.
Louis is between 38, 39; San Francisco is about tbe same; the
route is between these parallels, or nearly between them, the
whole way.
" 2ncfc 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 tbe Pacific.
" 3rd. It combines tbe 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 bis own vehicle, on
horse, or even on foot, for the mere restoration of health and
recovery of spirits.

PACIFIC RAILROAD. 40?
" 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 further 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 line. There are passes at
tbe head of Arkansas, in the Three Parks, and north of them,
but none equal to this by the Rio del Norte. There is no route
north of it that is comparable to it; I believe there is no prac
ticable route south of it in tbe United States. The disaster
which turned me south from the bead of tbe 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
linfe, 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, and tbat every national consideration requires
it to be done, and to be done at once, and as a national work by
the United States. "Your obliged fellow-citizen,
"J. C. Fremont."

4:08 LIFE AND SERVICES OF JOHN 0. FREMONT.

CHAPTEE XYI.
Fremont's career as united states 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 legislation 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.
CWonel Fremont's credentials were submitted by Sena
tor Barnwell of South Carolina, who remarked in doing
so, 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 could not be
otherwise than very acceptable." Jefferson Davis, a
eenator 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

UNITED STATES SENATOR. 400
:have been complitd with." SenatorsMason of Yirginia,
Butler of Sout- r' -olina, and Turney of Tennessee, also
favored the reference. Senators Clay of Kentucky, and
Foote of Mississippi opposed the reference, which was
defeated by a vet ¦; 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 on the 3d day
of March, 1851, was drawn by Colonel Fremont. But
three weeks remained of the session within 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 seat, 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 ,he resolution, which* was considered by
unanimous consent, and agreed to. He, 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. Tl 3 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 publio lands of California.
" 8. A bill to provide for the erection of land offices in California.
" 4. A bill to pl-ovide for the settlement rf 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 subM°
quent settlers. 18

410 LIFE AND SERVICES OF JOHN 0. FREMONT.
On the 14th of September he had leave to introduce..
a bill to make temporary provisions for tlie working
and discovery of gold mines and placers in California,
and for preserving order in the gold, mine district. The
bill, he stated, had been drawn up with great care ; he
had reviewed the Spanish laws, extending over a space
of three hundred years, and had endeavored to embody
in the bill all that he considered applicable to our age
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 oh
Indian Affairs, stated that he was entirely unable to
communicate to the Senate the information that they
would probably require. The committee, he said, did
not know the number of tribes of Indians, nor the num-
" 6. A bill to regulate the working of mines in California.
" 1. 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 custom-house laws were extended to it.
" 9. A bill tq^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 constructing 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 publio
grounds no longer needed for public purposes.
" 14. A bill to grant to the State of CaUfornia 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 tlieir titles to the gold districts."

UNITED STATES SENATOR. 411
ber of Indians within the State of California, nor the
kind of title by wliich they held their lands ; he there
fore referred the Senate for further information, to the
senators from California.
Whereupon Col. Fremont proceeded to state his
reasons for introducing the bill, as follows :

SPEECH 01 COL. FREMONT IN THE UNITED STATES SENATE, ON THE INDIAN
AGENT BILL.
" The general policy of Spain in her Indian relations, was the same as
that which was afterwards adopted by all Europe, and recognized by the
United States. The Indian right of occupation was respected, but the
ultimate dominion remained in the Crown. Wherever the policy of Spain
differed from that of the other European nations, it was always in favoi
of Indians. Grants of land were always made subject to their rights of
occupancy, reserving 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 property, under the Spanish laws, consisted not merely in
possession, but extended even to that of alienation ; a right recognized
and affirmed in the decisions of the Supreme Court of the United States.
A claim to lands in East Florida, under a title derived from grants by the
Creek and Seminole Indians, and ratified by the local authorities of Spain
before the cession of Florida to the United States, was confirmed.
" I have here in my hand a volume of Spanish laws, published in the
city of Mexico in 1849, and purporting to contain all the legislation on
this subject, which was in force in Mexico up to that date. These laws
extend from 1533, some twelve years after the conquest of Mexico by
Cortez, to 1817. The policy of Spain in regard to the Indians differed
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 the
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 r.^ts in question.

412 LIFE AND SERVICES OF JOHN 0. FREMONT.
" A royal order of Charles V. (a supreme law in Spain), of the year
1533, decreed that tbe woods, pasture lands, and water contained in any
grants of seigniories, which had been or should be made in the Indies,"
should be common to Spaniards and Indians. Another royal order of
1687 (confirming and extending an ordinance of the viceroy, Count Saint
Stephen, of the year 1567) commanded that in all the villages of the
Indians throughout all New Spain, who needed land to live upon and sow,
there should be given to them a space of 500 yards, and as much more
as they had any need of for cultivation around their village, measuring
from the furthest outside house, and if the village happened to be a largo
one an unlimited quantity should be allowed, and that thereafter no grant
of pasture ground or land should be given to any one within eleven
hundred yards of the most outside house of the population.
" A law of Philip III. of 1618, ordained that no pasture grounds of
black cattle should be situated within a league and a half of any village
converted in old times of the Christian religion, and not within three
leagues of any villages of newly converted Indians, upon 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 penalty 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 individuaUy as in communities, together with
waters and water privileges, and the lands upon which they might have
made canals fot^jrrigation, 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 terms and mode in which such alienation shall be legal. A
decree of Philip II. of 1571, commanded that the Indians should have
the right to alienate their landed property as well as their personal effects,
prescribing only that proclamation should be made during » 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 Banco; made by the Indians of
Colchis, for a failure to comply with the forms prescribed by law. In
California we have both classes of Indians — the Christian or converted
Indians, collected together at the missions and in large villages at the sea-

UNITED STATES SENATOR. AJ3
coast and the interior, and the wild Indians of the mountains who never
were reduced to subjection.
"The statements I have given, Mr. President, are sufficient to show
that the Spanish law clearly and absolutely secured to Indians fixed
rights of property in the lands they occupy, beyond what is admitted by
this government in its relations with its own domestic tribes, and that
some particular provision will be necessary in order to divest them of
these rights. In California we are at this moment invading these rights
We Hved there by the strong hand alone. The Indians dispute 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 whenever they find an
occasion. Our occupation is in conflict with them, and it is to render
this occupation legal and equitable, and to preserve the peace, that I have
introduced this bill. It recommends itself to the favorable consideration
of the Senate by its obvious necessity, and because it is right in itself,
because it is politic, and because it is conformable to the estabhshed
custom of this government.
At the end of the debate the bill was reported to the
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 agreeable 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,

414 LIFE AND SERVICES OF JOHN C. FREMONT.
the inquiries and objections of senators either to principles or details. But
I find such a course difficult on this bill, which introduces a new subject,
and one which, from its novelty and importance, excites, and ought to
excite, much interest, and requires close examination. The principles of
this bill, as I have already stated, them, are to exclude all idea of making
a national revenue out of those mines, to prevent the possibility of mon
opolies by moneyed capitalists, and to give to natural capital, that is
to say, labor and industry, a fair chance 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 Michigan (Mr. Felclr) who has made the motion to
strike out the whole bill, and to insert a substitute, does not object to the
principles, but on the contrary, supports them, and objects only to
details. Adopting the principles of the bill and its leading provisions,
he objects 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. He would seem to leave the law to ex
ecute itself; that is to say, leave every man to act for himself under the
law. If the honorable senator were as familiar with the workings of
things in CaUfornia as we who have drawn up the bill, for which he
proposes his substitute, I believe he would never have introduced such a
proposition. It would never work weU anywhere, but would throw every
thing into disorder and coufusion, and make every man judge and jury
in his own case. Laws must have officers to execute them, and I think
none could be more cheap, convenient, and suitable to the people than
such as this biU provides. In the first place, 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 ofjustice for every Uttle 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 aU the agents, examine their books and accounts, hear complaints
against them, take appeals 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 strong,
controlling power present with the agents and the miners, that all possi
ble attention should be paid for the faithful execution of the act, an'd the
immediate redress of all wrongs. The superintendent is necessary to give
regularity to the operation ofthe agents, to hold them aU accountable and

UNITED STATES SENATOR. 415
to be the head of the system. To accomplish these purposes, an autho
rity upon the spot is indispensable. The gorges ofthe Sierra Nevada are
too remote from the metropoUtan government — the President is too far
off to observe the conduct of agents, to hear complaints, redress wrono-s
or dismiss the unfaithful. It would be equivalent 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 aUowed to each person is ample considering the privi
lege he has of changing his location as often as he pleases, and selUng his
lot when he is offered a good price. Thirty feet square is to be the size
of a lot, to be worked by manual labor, 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 cube of these dimensions would '
be twenty-seven thousand solid feet ; and if a placer of tolerable richness .
is found, an industrious man might say his fortune is made. Sooner or
later every industrious man may expect to find a good lot, and whether
he seUs it or works it, his reward wiU be ample.
"If he seUs, he may take another permit, and work on until ha
makes another good discovery, and either seUs that or exhausts it ; and
so on, until he is satisfied, or the mining is exhausted. Wherever he
may plant his stake, exclusive possession is guaranted 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 be paid ; no per centum — no fifth, or tenth
or twentieth to the government ; no officer to stand over the miner and
require him to give an account of aU 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 protection 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 doUar a month
is all that the biU proposes for him to pay ; and while it will be sufficient
to indemnify, the government for all expenses, and to yield a respectable
sum besides, it wiU be no burden on the miner ; he wiU not feel it, but
wiU pay it cheerfully in return for the advantages which the permit
secures him.
" Under this system every industrious man — every one who has
courage to persevere, to try in new places until fortune favors him— wUl

416 LIFE AND SERVICES OF JOHN 0. FREMONT.
feel assured that his fortune is in his own hands. For the more extended
and regular operations by machinery, the dimensions of the parcel of
mining ground fixed by this biU, 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 temporary buildings in the beginning of ope
rations. Hereafter, when the mineral district shallbe better known, and
the 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 aU 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 solid feet. The dimensions of a lot
of mining 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 mouth, 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 biU contains beneficial provisions in favor of first discoverers :
they are to have double quantity, without the payment of any fee, and
with the "privUege of a pre-emptive right. These privileges have been
recognized as just and politic under the laws of every mining nation.
Under the regulations of the new code, Spain granted to a discoverer as
many mining lots as he chos e to stake out upon the vein, and under the
mining ordinances of New Spain several such lots were granted to the
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 fuU 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 CaUfornia for the purposes of internal improvement.
This is upon the principle of the sale of the pubhc 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 .STATES SENATOR. 417
annum. Five per centum upon one million would be $50,000 per
annum to the State — a sum which could be beneficiaUy 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 wiU continue until the placers are exhausted ; when the
gold region can very properly be sold as other lands. The mode of
taking effect 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 carefuUy calculated to carry out its great leading 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 capitaUsts 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 biU, from the votes already taken, are Ukely
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 Uke that of Spain, which derived one of its chief supports from its
mines in New Spain, which constituted its mint ; which used the labor ot
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 aU to support the extravagant
expenditures of its arbitrary monarchs. 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 folly as well as the
injustice of attempting such exactions from the people. We have
seen their failure on a smaU scale on oir 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 their 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 $60,000 per annum from
the gold mines of New Spain. Mexico found out the folly of this course
and immediately after her independence in 1 831 abolished these multiplied
taxes, and substituted for them all a simple duty of three per cent.
Heavy taxes had almost destroyed this branch of her revenues, and
Uberal provisions were made to resuscitate it. The quicksilver mines
were given to all who would work them, free of aU tax and aU kind of
duty. Rewards of $25,000 each were decreed to the first four operators
who should extract a certain quantity of the metal— the miners were
exempted from all personal contributions and aU miUtary 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 regulations, as wiU secure to every man the peaceable exercise
of his industry, and the possession and enjoyment of what he gains.1'
" In conclusion, I trust that the substitute will be rejected and that
the principles of the biU wiU remain as now fixed."
During the brief period that the Senate remained in ¦
session after his admission to its deliberations, Colonel
Fremont 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,
he 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
biU to suppress the slave-trade in the District of Columbia being under
consideration, Senator Seward, moved to strike out the whole bill from
its enacting clause, and insert a provision for the aboUtion 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 Northern 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 Massaehu-
ietts. They aU thought, doubtless, that course was best adopted to secure
the practical resvlt at which they aimed, the breaking up of the slave

UNITED STATES SENATOR. 41 9
though numerous were always brief and in their struc
ture almost exclusively expository. He was looked to
as the final authority upon all questions of fact in rela-
lion to the legislation required for California, and never
rose without having something to say, and always sat
down when he had said it. He displayed great clearness
and precision of statement in the few forensic efforts
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 passed, Fremont and Dayton voting with all the
Northern Senators in its favor — Atchison, Jeff. Davis, Butler, and their
partisans in the negative. During the pendency of the bill 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. R.
King, Rusk and others. Among the Noes were Fremont and Dayton,
Baldwin, Chase, John Davis, Ewing, Hale, Hamlin, Seward, Winthrop
and others. On another amendment to authorize the Corporations of
the District to prohibit free negroes within their limits, under penalty of
imprisonment and fine ; which also failed by Ayes 20, to Nays 28 ;
Atchison, Butler, Soule, Jeff. Davis and others in the affirmative ; Fre
mont and Dayton, 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 flogging in the navy, Col. Fremont was found
Toting No, with Hale, Seward, Chase and other Northern men.

420 LIFE AND SERVICES OF JOHN 0. FREMONT.
only served to increase the respect already entertained
for his manly sensibilities. On the* last night of the
session, Senator Foote, of Mississippi, who came into
the Senate somewhat excited, in the course of some
remarks on the Naval Appropriation bill — it afterwards
appeared as if he had not known precisely 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 legislation which had been urged upon the
Senate for California were consummated. Upon hearing
these words, Col. Fremont lift the Senate-chamber, and
sent a messenger to say to Senator Foote, that he
wished to speak with him. As soon as Foote had
finished his speech, the message was delivered to
him, 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 not use,
and which was unworthy of a senator. Foote imme
diately struck at him with his fist, just grazing his face.
On the instant, both parties were seized by the door
keepers and senators who 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
retraction of the offensive words, and on Monday fol
lowing — the note to Foote and his reply were delivered
on Saturday — the following card appeared in the
National Intelligencer.
A CARD.
Washinoton, Sept. 28, 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. Sibley,
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 them
selves — and at the time of which we are speaking,
a correspondent of the Baltimore Sun stood in that
relation with Senator Foote. In the fulfillment 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 satisfactory to both
gentlemen were confidential, of course the Sun'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 originated
with Foote, and immediately addressed the following
letter to the editor of the Baltiirwre Sum.

422 LIFE AND SERVICES OF JOHN C. FREMONT.
Sir : Your paper of this morning (Monday, Sept. 30th) contains a para
graph in a letter from this place, which it is obUgatory on me 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. Grand ; but the paragraph which concerns me,
I consider as the work of Mr. Foote himself, and shall accordingly treat
him as the author.
The foUowing is the paragraph :
" ' The difficulty between Senators Foote and Fremont has been amica
bly arranged, as you will have seen by the card of those gentlemen's
friends in to-day's Union. This is as it should be. Mr. Fremont was
wrong to attack 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 of land titles. All that Gen. Foote
had observed was, that without Ewing's amendment, granting an appeal
to the Supreme Court of the United States from the decision of the .
Board, he considered that the bill would disgrace the Republic, and that
however inclined he was to support the biU with 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 aU 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 Sun 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 finaUy
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 expected letter, which, as I have said above, I fully believe

DIFFICULTY WITH SENATOR FOOTE. 423
to be the work of Mr. Foote through Mr. Grund. The letter opens with
saying, that the difficulties between Mr. Foote and Mr. Fremont have been
very 'amicably' arranged. This word 'amicably' is 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 the time, were not spoken with
a view to wound the feehngs of any senator present, but merely to pro.
tect the country against ' ex parte decisions of the California Board of
Commissioners.' " This is untrue. The biU 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 giyetsit 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 Mr. 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 false — 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 biU to be passed to prevent violence and bloodshed
in CaUfornia, 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 biU being the one under consideration. It is,

424 LIFE AND SERVICES OF JOHN C. FREMONT.
therefore, false, as weU as ridiculous, to say that I attempted to gag sena
tors ; I laid it over to the next session expressly to admit the fuUest
discussion, which is exactly the reverse of gagging.'
" The Baltimore letter says, ' Mr. Foote did not intend to wound the
feelings of any senator— but distinctly avowed at the time in the Senate,
that he did not intend any personal disrespect for those who were against
the amendment.' This is false again, and is proved to be so by aU the
circumstances of the case, and by the words themselves. This is the
report of them, as furnished me by one of the National Intelligence}
reporters :
" ' We had some little admonition this morning at to the danger of
hasty legislation in regard to California matters. Nevertheless, I say
deUberately, I say it with due consideration of the matter and of the
consequences of the declaration, that if the views which have been
expressed in certain quarters this morning in regard to a portion of the
legislation which is urged upon us for CaUfornia, should be adopted in
the same hasty manner in which it is now proposed to us to give our
sanction to the present proposition, the admission of CaUfornia into the
Union would be productive of more detriment to the repubUc, and, in
my opinion, be fraught with more real dishonor to the nation, than any
event that has ever occurred in the historic annals, of the country. Sir,
we must be cautious about this California business. Not only is Califor
nia a State of this Union, but she is a great State. Her resources are
large. Her interests are vast. They are of vast importance to herself
and to the country at large. In dealing with them we must act cautious
ly, circumspectly, vigilantly," and permit no man, or set of men, to urge
us hastily and indiscreetly into the adoption of any legislation for which,
hereafter, we may have reason to repent in sackcloth and in ashes.'
" Now, take this language, and see if there was not a design to be
personal and insulting in it, and that upon a plan previously resolved
upon. He avows deUberation — due consideration — disregard of conse
quences. What does this mean, but a pre-determined design to give
both insult and defiance ? And in that Ught 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 Senate, not under consideration — actually laid upon
the table, to Ue 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
aU, 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

DIFFICULTY WITH SENATOR FOOTE. 425
Mr. Foote had no design to wound feehngs — no intent to be disrespectful.
The contrary was understood by every senator at the time, and is proved
by the words themselves, and the circumstances under which they were
spoken, and there is no disavowal, distinct or indistinct, of personal disre
spect to anybody.
" The Baltimore letter admonishes me not to make myself ' lieir ' to a
family feud. The_admonition would be unnecessary, even if it came from
a source entitled to respect ; but, found where it is, it is both false and
impertinent. I make myself ' heir ' to no one's feuds. I begin none of
my own. I prefer to Uve in peace with the world. But everybody will
see from the remarks of Mr. Foote in the Senate, in relation to the bill I
brought in, and his letter to the Baltimore Sun, that it is intended to
make me ' heir ' to his feehngs towards Col. Benton.
" I conclude this notice with giving Mr. Foote's letter to me, in answer
to the note which I sent him by a friend : " « Senate Chahbeb, Sept. 28, 1850.
" ' Sir: I do not feel that I should be doing justice to myself, did I not,
in writing, (as I thought I did very explicitly last night, orally), deny that
I said anything denunciatory of the biU to which you refer, or of those
who introdnced it. I was in favor of Mr. Ewing's amendment, and in
favor of the bill itself, provided his amendment could be incorporated
with it. This your colleague well knows. I said that certain views had
been expressed in the course of debate upon that bill, and in support of
it, that if sanctioned by Congress would disgrace the repubUc. What I
meant was, that the establishment of a Board of Commissioners in Cali
fornia for the adjustment of land titles, without the privilege of appeal to
the Supreme Court of the United States, would, in my opinion, result in
scenes of corruption, and acts of injustice, which would be seriously
derogatory to the national character. So I think yet, and so I shah
always think and say.
" ' If, after this statement, you persevere in the demand contained in
your note, I shall certainly gratify you, though I shall, from certain
prudential considerations, defer a formal acceptance of your proposition
until I can leave the District of Columbia. " ' Your obedient servant, " ' H. S. Foote.
"'Hon. J. C. Fremont.'
" This was the letter received. It contradicts the speech, denies the
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
invaUdate the other. AU three of these documents are given, and those

426 LIFE AND SERVICES OF JOHN 0. FREMONT.
who pl«.ase may compare them, and see how entirely they convict each
other. The letter to me, and the statement published by friends, would
have been a quietus to the affair with me, if it had not been for the
Baltimore letter. The letter to me, to be sure was untrue ; but that was
not my affair, provided nothing more was written. But I expected
more — expected letters injurious to me in the Baltimore Sun and the
Philadelphia Ledger, and so said at the time, and so the event has
verified — and that has forced me to make this brief exposition of the
threefold falsehoods of the premeditated attack upon me in the Senate,
its denial in a letter to me, and its insidious implied repetition in the
Baltimore Sim, by asserting that he retracted nothing.
"To put the whole case into three words, it is this; Mr. Foote went
out of his way when the subject was not before the Senate, to deliver a
deliberately considered insult and defiance to me — then denied the in
sult and defiance, and disclaimed all disrespect, in a letter to me — then
re-affirmed, by inevitaDle implication, the same insult and defiance in a
letter to the Baltimore Sun, denying all retraction.
" With this summing up of the case and the precedent proofs, I leave
the affair to the judgment of the public. (Signed) J. C. Frehont.
" September 30, 1850."
Senator Foote has never publicly, nor so far as we
know, privately, denied his complicity with the author of
the letter to the Sun, 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 Baltimore journal. In a mo
ment of undue excitement he had done a wrong
for which 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 the closing hours of the late sos-

DIFFICULTY WITH SENATOR FOOT. 427
sion of Congress in penning a retraction to Senator Fremont for
gratuitous insult rendered in debate.
" It seems that he chose to attribute to corrupt private motives, the
solicitude of Mr. Fremont to secure the passage of the California Mining
Regulation bills. Called to account for such language, and stigmatized
for its use, he resorted to a blow. Challenged, he had recourse to
a letter of explanation and retraction.
"This seems to be the tactics of the man — to give insult in public, and
to make apologies for it in private. He threatened Mr. Hale, on his
accession to the Senate, that if he should be caught in his State, he
would be strung up to the first tree without law, and that he would assist
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 privately cultivated a better acquaintance, as his guest, at frequent
tea parties. He insulted Borland, of Arkansas, was knocked down in the
street by him for it, and apologized — privately. He ' flared up ' at Clay
and Calhoun in the Senate, to fawn upon them servilely afterwards. Mr.
Benton was the only man upon whom he could not play this double game.
He had eulogized him, in- this city, as the superior of Cicero and of
Burke, and as the greatest of statesmen. He maligned him after
wards, in the Senate like a common drab. Afraid to come 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. He ends where he began — in insult
and retraction.
" He doubtless expects that the fame of his pubUc 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 wish, for the sake of the national
decency, that Mississippi would carry her pecuUar system of ethics a
Uttle further and retract or repudiate him."

428 LIFE AND SERVICES OF JOHN C. FREMONT.

CHAPTER XVH.
RETURN TO CALIFORNIA  ILLNESS  CANDIDATE FOR RE-ELEC
TION TO THE UNITED STATES SENATE  GOES TO EUROPE —
PROJECTS HIS FDTTH AN]5 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 MEAT  THEY SWEAR
NOT TO EAT EACH OTHER  FREEZING, DEATH, AND BURIAL
OF FULLER  DECLLNES A PUBLIC DINNER IN SAN FRAN
CISCO  RETURNS TO WASHINGTON.
Col. Fremont left again for California by the steamer
which sailed first after the adjournment of Congress.
Upon leaving Panama he had another return of the
Chagres fever, which was so obstinate and enfeebling
that he was prevented from returning to Washington
the following winter. Meantime the Pro-Slavery 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 1851, the party
which had advocated the proviso against Slavery in the
State constitution, and with which Fremont was identi
fied, was no longer in the majority, and a combination
was successfully made to prevent his re-election. The

FIFTH EXPEDITION. 429
legislature went into an election ofhis successor in Febru
ary, and after one hundred and forty-two ballotings, the
convention adjourned until the lst of January follow
ing, without making a choice. The candidates were
Fremont, T. Butler King, Heydenfelt, Geary, Weller
and Collier.
The next two 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 family,
mostly in Paris, and where he had the satisfaction of
observing that his fame had preceded him, and prepared
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 ap
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 Pacific
Ocean. When Col. Fremont heard of this, he deter
mined to return, fit 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 SERVICES OF JOHN 0. FREMONT.
route for a national road. For this purpose he left Paris
for the United States, in June, and in August, 1853,
set out upon bis fifth and last tran6- continental expe
dition. Among the colonel's companions on this trip was
S. N. Carvalho, Esq., 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 :
EXTRACTS FROM THE JOURNAL ANn LETTERS OF S. N. CARVALHO.
" Westport, Kansas, Sept. 15th, 1853. — To-day Col. Fremont, Mr.
Eglostein, 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. Fremont immediately selected a camp ground in a wood
near town, and had aU the material conveyed there.
" 20th. — AU hands slept in camp last night, and a storm 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 required. Holders
of animals took advantage of our necessities and charged two prices, to
which extortion we were obUged to submit.
" The men have all been armed with rifles, Colt's six-shooters, sheath-
knives, Ac. ; and the 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 Eiver near a Potawatomie vU-
lage. " 21st. — Branding the animals with Col. Fremont's mark having been
completed, we packed our animals, mounted our men, and started in high
spirits. We proceeded about four miles to the Methodist Mission, and
camped. Finding several things more required we sent back to West-
port for tliem. My daguerreotype apparatus was unpacked, and views of

FIFTH EXPEDITION. 431
the Mission were made ; aU the arrangements I had made for taking pic
tures in the open air were perfectly successful.
" 22d. — We made an early start this morning, our camp equipage being
in complete order. Col. Fremont intends to accomplish the journey as
speedily as possible across the continent on a proposed line of 38. He
supplied the expedition with the necessary provisions as well as luxuries,
which the nature of the journey demanded, besides this seventy-two
barrels of ' Alden's preserved milk, cream, cocoa, Java-coffee,' and &c,
were supplied by the manufacturer for testing the nutritive quaUties and
value during our voyage, from N. Y. I brought them into camp under
my charge. These preparations alone were sufficient to sustain the Uves
of seventy men for a month. An extra mule was purchased on purpose
to convey them.
" We camped at Shawnee Mission, some twelve or fifteen mUes from
our last camp. Colonel Fremont complains to-night of being indis
posed. " 23<£ — 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, aU 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. lst. — A messenger arrived with a letter from Colonel Fremont,
informing us that his increasing Ulness forced him to return to St. Louis
for advice. He counseUed 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, requesting
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 6th October. We
saw and kiUed 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.
" 10th.  * * * * Our Delawares brought into camp this even-
an abundant supply of buffalo and antelope. The gentleman in charge
of the commissariat finds great difficulty in preventing the muleteers and
those whose duty it is to perform the manual labor of the camp, from
consuming unnecessary quantities of it.

432 LIFE AND SERVICES OF JOHN 0. FREMONT.
" The result is, that the stores which were intended to sustain us on
our journey are being wantonly and shamefuUy destroyed.
********
Oct. 30th. During the day, the sun was completely obscured by low, darS
clouds. The atmosphere was filled with a most disagreeable and suffocating
smoke, which roUed over our heads. We were still encamped on the
Saline fork of the Kansas River, impatiently awaiting the arrival of Col.
Fremont, who had not yet returned from St. Louis. His continued
absence alarmed us for his safety, and the circumstance that the prairies
had been on fire for several days past in the direction through whicl * t
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, salUed 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 km his wolf. He decUned to come down. I
told him to what danger 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. Eglostein,
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

X^.^SWi*-— ^,^-

PRAIRIE ON FIRE. — TO OUR GREAT JOY, WB SAW COL. FREMONT, FOLLOWED BY AS
IMMENSE MAN, WHO PROVED TO BE THE DOCTOR, OS AN IMMENSK MULE, AND THB
INDIAN CHIEF AND HIS SERVANT, QALLOPINO THROUGH THB BLAZING ELEMENT TN THB
""ifctIOH Of~ flUB CAMP — PAfiB 433.

PRAIRIES ON FIRE. 4&3
had shot. We assisted him on with his booty as well as well as we could.
My " guard " came on at two o'clock. I lay down to take a three hours'
rest ; when I went on duty, the scene that presented itself was sublime. A
breeze had sprung up which dissipated the smoke to windward. The full
moon was shining brightly, and the piles of clouds which surrounded her
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 ofthe tree our friend had been seated on aU 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 this time
had picketed aU the animals near the creek we were camped on, and all the
baggage of the camp safely carried down the banks near the water._ When
day dawned, the magnificent woods which had sheltered our animals now
appeared a forest of black scathed trunks. When 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 were : second, if
we moved away, the Indian chief, Solomon, who, after conducting us lo
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, foUowed by an immense man, who proved to be the
doctor, on an immense mule, and the Indian chief and his servant,
gaUoping through the blazing element in the direction of our camp.
Instantly, with one accord, aU the men discharged their rifles in a voUey ;
our tents were struck, and we wanted to make a signal for their guidance.
We aU 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. No 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 traU which led to our camp from Solomon's
fork being obUterated, it was most difficult and arduous to follow it ; but
the keen sense of the Indian directed him under all difficulties, directly
to the spot where he had left us. t
"During the balance of the day we put the camp in travelling order.
With the arrival of the colonel our provisions had received cod liderable
additions,, more in fact, than he had any good reason to suppose we-had
consumed during his 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-

434 LIFE AND SERVICES OF JOHN C. FREMONT.
dies. Our only escape was through the blazing grass, — tre dashed into
it, CoI.'Fremont at the head, his officers following, while the rest of the
party were driving up the baggage animals. The distance we rode
through the blazing fire could not have been more than one hundred
feet — the grass which quickly ignites, as quickly consumes, leaving only
black ashes in the rear. We passsed through the fiery ordeal unscathed ;
made that day over the burnt prairie about fifteen miles, and camped
for the night on the dry bed of a creek, beyond the reach of the devour
ing element. * * * * * * *
" Walnut Creek Camp. — The weather is very cold and disagreeable.
One of the officers on guard left the animals and came into camp to warm
himselfj^Col. Fremont saw him at the fire 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 unaccustomed 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 the 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 Une of our
travel ; he soon discovered the marks of horse shoes, which proved that we
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
village. Here we 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
thp opportunity to run off five animals, and if they had been unguarded
.. naif hour longer, they would have stolen the whole of {hem.
" Thus the lives of the whole party were jeopardized by the inconsi
derate conduct of this sentinel. We were about four hundred nules
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, Camanche, 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 aU the men were provided with fresh animals preparatory to ascend
ing the immense mountains now in sight. An Indian lodge sufficient to

THE FIFTH EXPEDITION. 435
shelter our whole party, with a smaU one for Col. Fremont, together with
a buffalo robe for each man, and buffalo robe overshoes, moccasins, &c,
were also provided by Mr. Bent.
" We remained here several days, which gave nic an opportunity to
daguerreotype and sketch interesting scenes at the Cheyenne ViUage.
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 vaUey ; it appeared Uke a mammoth
sugar-loaf, (called the Huarfano 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 buffalo robes of the whole
camp, it being necessary, in order to equalize their weight, to distribute
the different boxes on three or four animals. Mr. Eglostein, Mr. FuUer,
and two Delawares remained with me. To make a daguerreotype view
generally occupied from one to two hours — the principal part of that
time, however, was occupied in opening the apparatus, and repacldng
and reloading the mules. When we 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 work, we found that
we were four hours behind camp, which was equal to twelve imles. We
foUowed the trail of our party, through the immense fields of artimesia,
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, we 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 uight was so dark that although not more
than half a mUe 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, unknown
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 aU night, not having anything to sleep

436 LIFE AND SERVICES OF "JOHN C. FREMONT.
on. We also watched aU 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 whom
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 breakfast of venison and
buffalo, pot-pourri had been prepared, and we discussed its merits with
an appetite sharpened by a twenty-four hours fast.
" We entered the San Luis valley through the Sand Hill Pass, which
was admirably adapted for railroad purposes. We continued through the
vaUey of the Rio Grande over the Sarawatch mountains into the Sara-
watch vaUey, through the Cochatope Pass, on the summit of which we
found but little snow. Our road lay through a forest of 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 three feet of snow.
When we were about half way up, the foremost baggage mule lost his
balance and feU 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
kiUed 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 interspersed with cottonwood ;' the country indicating
that there might be game about, our Delawares sallied out in quest of
some. We at this time were on rations of 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
kiUed. He was one of three or four wild 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 much more palatable than our broken down horses.
" The Delawares also discovered recent foot-prints of Utah Indians.
This information caused Col. Fremont to double the guard and examine

DISCIPLINE OF THE CAMP. 437
the arms of the 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
the snow was so .deep that I was obUged to resort to that course, to
ascend myself. I quietly went to the place where I had laid it down,
and attempted to fire it off — both caps snapped ; the quick ear of Col.
Fremont, heard the cap explode. He approached me very solemnly and
¦gave me 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 should have to fight foi
you.' His rebuke was merited, and had its effect throughout the camp,
for aU the men were most particular afterwards in keeping their arms in
perfect order. We traveUed that day nearly twenty mUes, and encamped
in an Utah Indian village, containing a large number of lodges and
probably several hundred persons. The men were mostly armed with
rifles, 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, &c, which we brought along
to conciUate the Indians, and also to trade with them for horses and
venison. We 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 hoard approaching the camp. We soon dis
tinguished the voices of women in bitter bewailment. I thought it Was a
reUgious ceremony of burial, or something of the kind. Col. Fremont,
Tequested me to see from what it proceeded ; I found the processionof
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 interpreter — understanding Spanish,
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 kiU it without remunerating her for it, and he deputed
the person in charge of the baggage, to gi re them what was right.
Having seen our assortment, they wanted a part of everything we had,
including a keg of gunpowder. To this demand, Col. Fremont gave an
absolute refusal, and at the same time, expressed his desire that the men
should not seU, barter, or give away a single grain of gunpowder, on
pain of his severest displeasure. The Indians then threatened to attack

438 LIFE AND SERVICES OF JOHN C. FREMONT.
us. Col. Fremont defied them. After considerable patience, we suc
ceeded in pacifying them and sending them off. It was now daylight.
We repacked our animals and raised camp. At the end of our day's
journey, we found ourselves on the Grand River, thirty miles from our
last camp. While at supper, the guard on the look-out gave the alarm
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. rifles
and bows and arrows, displaying their powder-horns and cartouch-boxes
most conspicuously, their horses full of mettle and gaily caparisoned,
came gaUoping and tearing into camp. They also had come to be com
pensated for the horse which had been paid for the night 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 cloth and blankets, knives, powder," &c, they would faU upon. us
and massacre the whole party. On these occasions, Col. Fremont never
showed himself, which caused the Indians to have considerable more
respect for the Great Captain, as they usually caUed him ; nor did he
ever communicate directly with thero , which gave him time to deUberate,
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 expressed his determination not to
submit to such imposition, and at the same time laughed at their threats.
I could not comprehend his calmness. I deemed our position most
alarming, surrounded as we were by armed savages, and I evidently
betrayed my alarm in my countenance. Col. Fremont, without apparently
noticing my nervous state, remarked that he knew the Indian character
perfectly, and he did not hesitate to state that there was not sufficient
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 Ustened to his directions in a very different frame of
mind than when I entered. He 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 rifles, as much as to say

OATH AGAINST CANNIBALISM. 439
they could do the same (if they had happened to have the powder.)
I, without lowering my arm, fired a second shot ; this startled them.
I discharged it a third time; their curiosity and amazement was
increased ; the fourth time I placed the pistol in the hands of the chief
and told him to discharge it, which he did, hitting the paper and making
another impression of the buUet. The fifth and sixth times two other
Indians exploded it ; having discharged the six, it was time to replace
it in my belt. I had another one ready loaded, which I dexterously sub
stituted, and scared them into the acknowledgment that they were aU
at our mercy, for we could kiU them as fast as we liked, if we were so
disposed. After this exhibition, they forgot their first demand, but pro
posed to exchange some of their horses for blankets. We effected a
trade for three or four apparently sound strong animals — which in a few
days proved utterly worthless, having gone so lame that we had to Mil
them for food. The Indians asked to remain in camp as it was then near
dark, and they had ridden thirty miles. Col. Fremont assented, but on this
occasion, eleven men were on guard at one time, all armed. The Indians,
who no doubt waited in our camp to run our horses off during the night,
were much disappointed in not having an opportunity. They quietly de
parted next morning, whUe our whole campUstened 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 kiUing our brave horses
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 aU 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
snowy mountain, with bare heads, and hands and eyes upraised to
Heaven, uttering the solemn vow ' So help me God !' — and the valley
echoed, 'So help me God!' I never, until that moment, realized the
awful situation in which I was placed. I remembered the words of the
Psalmist, and felt perfectly assured of my final safety. They wandered in
the wilderness in a solitary way ; they found no city to dwell in. Hungry
and thirsty their soul faintelh within ihem, and they cried unto tlie Lord
in tlieir trouble and he delivered tliem out qf tlieir distresses'

440 LIFE AND SERVICES OF JOHN C. FKEMONT.
" When an animal gave out, he was shot down by the Indians, who
immediately cut his throat, and saved aU the blood in our camp kettle.
This animal was divided into twenty-two parts. Two parts for Col. Fre
mont and his cook, ten parts for the white camp, and ten parts for the
Indians. Col. Fremont hitherto messed with his officers ; at this time he
requested that they would excuse him, as it gave him pain, and called tc
mind the horrible scenes Which had been enacted during his last expedi
tion — he could not see his officers obliged to partake of such disgusting
food. " The rule he adopted was that one animal should serve for six meals
for the whole party. If one gave out in the meantime, of course it was
an exception ; but otherwise, on no consideration was an animal to be
slaughtered, for, every one that was killed, placed a man on foot, and
limited our chances of escape from our present situation. If the
men chose to eat up their six meals all in one day, they would
have to go without until the time arrived for killing another. It
frequently happened that the white camp was without food from
twenty-four to thirty-six hours, while Col. Fremont and the Delawares
always had a meal. *The latter religiously abstained from encroach
ing on the portion allotted for another meal, while many men of our
camp, I may say all of them, not content with their portion, would, to
satisfy the cravings of hunger, surreptitiously purloin from their pile of
meat, at different times^ sundry pieces, thus depriving themselves of each
other's allowance. My own sense of right was so subdued by the suffer
ings I endured by hunger, and walking -almost barefooted through tbe
snow, that while going to guard one night, I stole a piece of frozen horse
liver, ate it raw, and thought it, at the time, the most delicious morsel I
ever tasted.
" The entrails of the horse were ' well shaken ' (for we had no water
to wash them in) and boiled with snow, producing a highly flavored
soup, which the men considered so valuable and delicious that they for
bade the cook to skim the pot for fear any portion of it might be lost.
The hide was divided into equal portions, and with the bones roasted and
burnt to a crisp. This we munched on the road ; but the men not being
satisfied with the division of the meat by the cook, made him turn his
back, while another took up each share separately, and inquired who
should have it. When the snows admitted it we coUected the thick
leaves of a species of cactus which we also put in the fire to burn off the
prickles, and ate. It then resembled in taste and nourishment an Irish
potato peeling. We lived in this way for nearly fifty days, travelhng
from Grand River across the divide to Green River, arid over "the first

DEATH OF FULLER. 441
range of the Wahsach Mountains, on foot, Col. Fremont at our head,
tramping a pathway for his men tofoUow. He, as weU as the rest of the
party, towards the last were entirely barefoot — some of them had a piece
of raw hide on their feet, which, however, becoming hard and stiff by the
frost, made them more uncomfortable than wanting without any.
"About the end of January we crossed the Green River, and entered
upon a country — barren and sterile to a degree, over which we travelled
until we got to the base of the Wahsach mountains.
" February 1st. Yesterday Mr. OUver FuUer, of St Louis, who had been on
foot for some weeks, suddenly gave out. Our engineers and myself were
with him. He found himself unable to proceed — the snow was very deep,
and his feet were badly frozen. He insisted that we should leave him,
and hasten to camp for reUef ; not being able to render him any assis
tance by remaining, we wrapped his blankets around him and left him on
the traU. In vain we searched for material to build him a fire — nothing
was visible but a wild waste of snow ; we were also badly crippled, and
we did not arrive in camp until ten o'clock at night at which time it
began snowing furiously. We told Col. Fremont of Mr. FuUer's situation,
when he sent a Mexican named Frank, with the two best animals and
cooked horsemeat, to bring Mr. Fuller in. There was not a dry eye in
the whole camp that night — the men sat up anxiously awaiting the return
of our companions. At dayUght they being stiU out, Col. Fremont sent
three Delawares mounted, to look for them— about ten o'clock one of
them returned with the Mexican and two mules. Frank was badly frozen
he had lost the track, and bewildered and cold, he sank down holding on
to the animals, where he was found by the Delaware during the afternoon.
The two Delawares supporting Mr. Fuller were seen approaching. He
was found awake but almost dead from the cold and faintness. Col.
Fremont personally rendered him all the assistance in his power. So did
aU of us — for he was beloved and respected by the whole camp for his
gentlemanly behavior and his many virtues. Col. Fremont remained at
this dreary place near three days to aUow poor Fuller time to recruit —
and afterwards assigned to him the best mule to carry him, while two of
the men walked on either side to support him, A portion of our scanty
food was appropriated at every meal from each man's portion to make
Mr. JFuUer's larger, as he required sustenance more than they did. On
the 7th February, almost in sight of succor, the Almighty took him to
himself: he died on horseback— his two companions wrapped him in his
India rubber blanket and laid him across the traU. We arrived next
day at Parawan. After the men had rested a Uttle, we went in company
with three or four of the inhabitants of Parawan, to bury our deceased
friend. His remains had not been disturbed during our absence.

442 LIFE AND SERVICES OF JOHN C. FREMONT.
" When we arrived at Parawan the Mormons treated us very kindly,
and several of them told me if they had. known of our situation they
would have hastened to our assistance. My illness prevented my accom
panying Col. Fremont on the 21st of February ; I followed about three
months after, on his trail of 1844 and arrived at Los Angeles in June,
thence by steamboat to San Francisco where I again met our late leader."
Col. Benton, speaking of this last expedition of Col.
Fremont, says, " He went straight to the spot where
the guide had gone astray — followed the course des
cribed by the mountain men and found safe and ea'sy
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 by which 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 the United States mail, an Indian
came to his camp and said that he had just met a party
of Americans who were " very hungry." Babbitt soon
overtook the party, and found it consisted of Col. Fre
mont and his companions. They had lived fifty days on
horse-flesh, and for the last forty-eight hours had been
without food of any kind.
Col. Babbitt, who was then oh his way to San Fran
cisco, wished Fremont to go directly there with him,
but he refused, notwithstanding the enfeebled condition
of his party, because he had not yet completed his
surveys, and he was determined never to return without
them. He therefore held on his course the next day,
having first written the following letter, which he

LETTER FROM COL. FREMONT. 443
requested Col. Babbitt to hand to Col. Benton as soon
as possible. " Parawan, Ikoh Cochtt,* )
"Utah TEKHiTOKr, Feb. 9, 1854. (
" Dear Sir : I have had the good fortune 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 which is urging him forward with extreme rapidity. He
passes directly on this morning, and I have barely a few moments to give
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 been altogether the severest since the
settlement of this vaUey. Consequently, so far as the snows are con.
cerned, the main condition of our exploration has been fulfilled. We
entered the mountain regions on the Huerfano River on the 3rd of
December, and issued from it Tiere on the 1th of this month, 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 the
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 the
good prospect it holds out of final success in carrying the road
by this central Une. 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 steps
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
shaU go direct by an unexplored route, aiming to strike directly the
Tejon 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 60 miles east of the meadows of
Santa Clara, between Si and 38 degrees of north latitude, and between
113 and 114 degrees of west longitude : elevation above the sea about
6,000 feet.

444 LIFE AND SERVICES OF JOHN C. FREMONT.
to the Indian Commissioners. I shall make what speed I possibly can,
going Ught, and abandoning the more elaborated survey of my previous
Une, to gain speed.
" Until within about a hundred miles of this place we had daguerre-
otyped the country over which we passed, but were forced to abandon al]
our heavy baggage to save the men, and I shall not stop to send back
for it. The Delawares all came in sound, but the whites of my party
were aU exhausted and broken up, and more or less frost-bitten. I lost
one, Mr. FuUer, of St. Louis, Missouri, who died on entering this vaUey.
He died Uke a man, on horseback, in his saddle, and wiU be buried like a
soldier on the spot where he fell.*
" I hope soon to see 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. Fremont.
"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 nie
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 Mayi 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
* See journal of Mr. Carvalhor

PACIFIC RAILROAD. 445
for "Washington, whither he desired to carry the 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, but immediately upon reaching "Washington he
summed out 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.

446 LDTE AND SERVICES OF JOHN 0. FREMONT.

CHAPTEK XVHI.
COL. FREMONT COMES TO RESIDE IN NEW YORK  IS TALKED
- OF FOR THE PRESIDENCY  LETTER TO GOV. ROBINSON
OE FANS AS  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

In the spring of 1855, Col. Fremont, with his family,
took up his residence in the city of New York for a
few months, that he might avail himself of the facilities
which that metropolis would afford him in bringing out
an elaborate report of his last expedition. While thus
employed and 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 was
favorably received, and before the 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.

LETTER TO GOVERNOR ROBINSON. • 447
The election to the speakership of the thirty-fourth
Congress, of N". P. Banks, of Massachusetts, who had
been one of the first to discern the fitness and expe
diency of nominating Col. Fremont for the Presidency,
and the publication of a friendly letter from an old
California friend, Governor Charles Eobinson, 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 pro
priety of publicly presenting his name. Gov. Eobinson
had shared with Col. 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 referred, 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 follows :
ISTTEH FEOM OOL. FBEMONT TO GOV. BOBINSON.
New Yoek, March, IT, 1856.
" My Dear Sm : Your letter of February reached me in Wash
ington some time since. I read it with much satisfaction. It was
a great pleasure to find you retained so lively a recollection of our
intercourse in California. But my own experience is, that perma
nent and valuable friendships are most ofti n formed in contests and
struggles. If a man has good points, then they become salient, and
we know each other suddenly.
" I had both been thinking and speaking of you latterly. The
Banks balloting in the House, and your movements in Kansas, have
naturally carried my mind back to our hundred odd ballots in Cali
fornia and, your letter came seasonably and fitly to complete the
connection. We were defeated then ; but that contest was only an
incident in a great struggle, and the victory was deferred, not lost.
Tion have carried to another field the same principle, .with ccurage

448 LDTE AND SERVICES OF JOHN C. FREMONT.
and ability to maintain it ; and I make you my sincere congratula
tions on your success — incomplete so far, but destined in the end to
triumph absolutely. I had been waiting to see what shape the
Kansas question would take in Congress, that I might be enabled to
give you some views in relation to the probable result. Nothing
yet has been accomplished. But I am satisfied that in the end
Congress will take efficient measures to lay before the American
people the exact truth concerning your affairs. Neither you nor I
can have any doubt what verdict the people will pronounce upon a
truthful exposition.
" It is to be feared, from the proclamation of the President, that
he intends to recognize the usurpation 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, will all, directly or indirectly,
be supported by the army of the United States. Your position will
undoubtedly be difficult ; but you know I have great confidence in
your firmness and prudence. When the critical moment arrives,
you must act for yourself — no man can give you counsel. A true
man will always find his - best counsel in that inspiration which a
good cause never fails to give him at the instant 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 be deter
mined by events, as they present themselves ; and at this distance
I can only say that I sympathize cordially with you, and that, as
you stood by me firmly and generously, when we were 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 condit' on makes to me, than 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. Eepeating 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. Ohablbs Robinson, Lawrence, Kansas."

LETTER ABOUT SLAVERY. 449
In April, 1856, he was invited to attend a large meet
ing in New York, called for the purpose of obtaining a
full expression of opinion from the commercial, metro
polis of the country, against the policy which President
Pierce was pursuing in Kansas. The following was his
brief but highly acceptable reply : " New York, April 29, '56.
" Gentlemen : I have to thank ybu 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 mischiefs arising from the violation of good faith in
the repeal of the Missouri Compromise.' I am opposed to slavery
in the abstract and upon principle, sustained and made habitual by
long settled convictions.
" While I feel inflexible in the belief that it ought not to be in ter-
fered with where it exists, under the shield of State sovereignty, I
am as inflexibly opposed to its extension on this continent beyond
its present limits.
" With the assurance of regard for yourselves, I am very respect
fully yours, "J. 0. Pkemont."
Some months previous to this, Millard Fillmore of
New York, and Andrew Jackson Don elson 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 June
following, James Buchanan of Pennsylvania, and John
C. Breckinridge of Kentucky, 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 country, and both were the choice

450 LIFE AND SERVICES OF JOHN C. FREMONT.
of the southern States of the Union more particularly. It
was apprehended, a»d with good reason, that the effect
of electing either would be to nationalize slavery in the
United States, or indefinitely extend and aggravate the
disorder and anarchy which prevailed on our western
frontier. To avoid either of. these disastrous results, a
convention was 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 property 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 first read
and promulgated. 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. Eobert Emmet
of New York was selected for temporary chairman, and
Colonel Henry S. Lane of Indiana, for president of the
convention. Eepresentatives 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

NOMINATION FOR THE PRESIDENCY. 451
friends of freedom throughout the Union, in his sup
port, and though there were several»candidates who had
many warm friencrPttthe convention, the judgment of
the great majority settled down very early in favor 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 informal ballot he
received 359 votes, more than two-thirds of the whole
convention, and was afterwards, nominated unani
mously.* The Hon. William L. Dayton, for many years a dis
tinguished member of the United States Senate, and

* The following was tha result of the informal ballot: FREMONT. MC LEAK.
Maine,  13 11
New Hampshire,  15 —
Vermont,  15 " —
Massachusetts,  39 —
Rhode Island,  12 —
Connecticut,  .-  18 —
New York,  98 8
New Jersey,  7 14
Pennsylvania,  10 71
Delaware,  — 8
Maryland,  4 8
Virginia,  •  Declined voting.
Kentucky,  5 —
Ohio  80 89
Indiana  18 21
Illinois  14 19
Michigan,  18 —
Iowa,  12 —
Wisconsin,  15 —
California,  12 —
Kansas,  9
District of Columbia  •'.  Declined to vote.
Minnesota,  ~ <*
Nebraska,  ~
Total,  859 196
New York cast two votes for Charles Sumner, one for N. P. Banks, and one for
Wm, H. Seward.

452

LIFE AND SERVICES OF JOHN C. FREMONT.

always a faithful friend of freedom, was then nominated
for the vice-presidency. Plis vote on the first informal
ballot was not quite a majority7*^mt his nomination
was made unanimous on the first formal ballot.
The following declaration of principles was also
unanimously adopted by the convention :

the platfoem.
" This Convention' of Delegates, assembled in pursuance of a
call, addressed to the people of the United States, without regard
to past political differences or diyisions, who are opposed to the
repeal of the Missouri Compromise ; to the policy of the present
administration and to the extension of slavery into free territory ;
who are in favor of the admission of Kansas as a free State ; of

* INFORMAL BALLOT.

States.

Sa ao
ti
fi

"o oC
a

a a
<a
Ph o
a

Sh'S5 bea
a

in
I

6
!5
o •6 u o
St

t
& a
w
5

> V
1

ag ao
ta c
.e o

s jd Ci
«

g c
o

1-555 c"
S sop
Gfl
it

uci
O

g
ot-s
o

o
o fcij
a
-3
3

New Hampshire, 
Massachusetts, 

20 T
25 8 1
1521 28 9 6

i87 23
11

2 1
81 3
5 1
48

9
9

i i i
80 2 1
86

1 6
7

1 11
3

15 15

2 2

11
17 24 4
46

847

11

88

88

2
•2

Delaware, 

Ohio, 
65
13
"a 2638 5
' iV
110
18 7
15
District of Columbia,. . .
Total,
88
259
PLATFORM OF THE PHILADELPHIA CONVENTION. 453
restoring the action of the Federal Government to the principles of
Washington and Jefferson ; and who purpose to unite in presenting
candidates for the offices of Eresident and Vice-President, do
"1. Resolve, That tlie maintenance of the principles promul
gated in the Declaration of Independence and embodied in. the Fed
eral Constitution, is essential to the preservation of our republican
institutions ; and that the Federal Constitution, the rights of the
States, and the Union of the States, shall be preserved.
" 2. Resolved, That with our republican fathers we hold it to be a
eelf-evident truth that all men are endowed with inalienable rights
to life, liberty and the pursuit of happiness, and that the primary
object and ulterior design of our Federal Government were to
secure those rights to all persons within its exclusive jurisdiction ;
that, as our republican fathers, when they had abolished slavery in
all our national territory, ordained that no person should be de
prived of life, liberty, or property, without due 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 the
authority of Congress, of a territorial legislature, of any individual
or any association of individuals, to give legal existence to slavery
in any territory of the United States, while the present Constitu
tion shall be maintained.
" 3. Resohed, That the Constitution confers upon Congress sover
eign power over the territories ofthe United States for their govern
ment, and that in the exercise of this power it is both the right and
duty of Congress to prohibit in the territories, those twin relics of
barbarism — polygamy and slavery.
" 4. Resojaed, That while the Constitution of the United States
was ordained and established by the people in order to ' form a
more perfect Union, establish justice, insure domestic tranquillity,
provide for the 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-

454 LIFE AND SERVICES OF JOHN C. FREMONT.
cers have been set over them, by whose usurped authority, sustained
by the military power of the government, tyrannical and unconsti
tutional laws have been enacted and enforced ;
' The rights of the people to keep and bear arms have been
in/ringed ;
"Test oaths, of an extraordinary and entangling nature, have
been imposed as a condition of exercising the right of suffrage 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, libertyand property without
due process of law ;
" The freedom of speech and of the press has been abridged ;
" The right to choose their representatives has beeri made 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 accomplices, to a sure and condign punishment.
" 5. Resolved, That Kansas should be immediately admitted as a
State of the Union, with her present free Constitution, as at once.
the most effectual way of securing to her citizens the enjoyment of
the rights and privileges to which they are entitled and of ending
the civil strife now raging in her territory.
" 6. Resohed, That the highwayman's plea that ' might makes
right,' embodied in the Ostend Circular, was in every respect un
worthy of American diplomacy, and would 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
central and practicable route, is imperatively demanded by the inter-

REPUBLICAN PLATFORM. 455
ests of the whole country, and that the Federal Government ought
to render immediate and efficient aid to its construction, and as an
auxiliary thereto, promote the immediate construction of an emi
grant route on the line of the railroad.
"8. Resohed, 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. Resolved, That we in vite the affiliation and co-operation of
men of all parties, however differing from us in other respects,
in support of the principles 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 legislation impairing tlieir security."*
— The result ofthe deliberations of the Convention was
communicated to Col. Fremont by a committee of the
Convention appointed for that purpose, in a letter
which, with its reply, ran as follows :
LETTER FROM THE COMMITTEE APPOINTED TO APPRISE OOL. FRE
MONT OF HIS NOMINATION FOR THE PRESIDENCY BY THE REPUB
LICAN NATIONAL CONVENTION. " Philadelphia, June 19, 1856.
" Sir : A convention of Delegates assembled at Philadelphia on
the 17th, 18th and 19th days of June, 1856, under a call addresse.1
* The following gentlemen composed the Committee on Resolutions :
Maine— Henry Carter. Ohio— Hon. J. R. Giddings.
New Hampshire — D. Clark. Michigan — Hon. Isaac Chesterey.
Massachusetts — E. Rockwood Hoar. Wisconsin — John F. Potter.
Connecticut — Hon. G. Wells. Indiana — John P. Durfee.
Rhode Island— Hon. Thos. Davis. Illinois— George S. Brown.
Vermont— E. Kirkland. Iowa— James B. Holland.
New York"-Hon. Preston King. CaUfornia— Hon. John A. Wills.
New Jersey— E. W. Whelpley.' Kansas— John L. Winchell.
Delaware— E. G. Bradford. Dist. of Columbia— Jacob Bigelow
Maryland— Hon. F. P. Blair. Kentucky— Geo. D. Blakeley^
Virginia— John C. Underwood. Minnesota— Hon. Alex. Ramsey
Pennsylvania— Hon. D. Wilmot.

456 LIFE AND SERVICES OF JOHN C. FREMONT.
to the people of the United States, without regard to past political
differences or divisions, who are opposed to the repeal of the Mis
souri Compromise, to the policy of the present Administration, to
the extension of slavery into free territory, in favor of tlie admission
qf' Kansas as a free State, and of restoring the action of the federal
government to the principles of Washington and Jefferson, adopted
a declaration of principles and purposes for which they are united in
political action — a copy of which we have the honor to inclose —
and unanimously nominated you as their candidate for the office of
President of the United States at the approaching election, as the
chosen representative of those principles in this important political
contest, and with the assured conviction that you would give them
full practical operation, should the suffrages of the people of the
Union place you at the head ofthe national government.
The undersigned were directed by the Convention to communi
cate to you the fact of your nomination, and to request you in their
name, and as they believe, in the name of a large majority 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. Hornblower,
E. E. Hoar, Thaddeus Stevens, Kingsley S. Bingham, John A. <
Wills, 0. F. Cleveland, Cyrus Aldrich.
" To John C. Fremont, of California."
ool. Fremont's reply. " New York, July 8, 1856.
" Gentlemen : Tou 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 tlie 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 which their
unreserved confidence, in this threatening position of the public
affairs, implies, I feel that I cannot, better respond than by a sincere
declaration that, in the event of my election to the Presidency, I

COL. FUKMOST COlfi OL'T TO DS, AND AJTUR REFERRING TQ THB DREADFUL NtiCKSSITl IIS TO
WHICH HIS MEN HAD BKKN HKDUCKD OS A PKKVIOL'S EXPEDITION, OF BATING BAiJB
OTHKK, UK llKGGf-D US TO SWHAR TH VT IN NO KXTKKMITY OF IIUNUKR WOULD ANY OP
HIS M':N LIFT HIS HAND AGAINST OR VTTRMPT TO PRKY irPON A COMRADU; SOONER LKT
HIM DI K \\ IWll THIM THAN LIVE UPON TIIKM^-PAfiK 4=19. u

ACCEPTS THE NOMINATION FOR THE PRESIDENCY. 457
should enter upon the execution of its duties with a single-hearted
determination to promote the good of the whole country, and to
' direct solely to this end all the power, of the government, irrespec
tive' of party issues and regardless of sectional strifes. The declara
tion of principles embodied in the resolves of your Convention
expresses the sentiments in which I have been educated, and which
have been ripened into convictions by personal observation and
experience. With this declaration and; avowal, I think it necessary
to revert to only two of the subjects embraced in the resolutions,
and to those only because events have surrounded them with grave
and critical circumstances, and given to them especial importance,
" I concur in the views ofthe Convention deprecating the foreign
policy to which it adverts. The assumption that we have the right
to take from another nation its domains because we want them, is
an abandonment of the honest character which our country has
acquired. To provoke hostilities by unjust assumptions would be
to sacrifice the peace aud character of the 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 are mainly thevresults 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 the" civilized world.
An honest, firm and open policy in our foreign relations would
command the united support of the nation, whose deliberate
opinions it would necessarily reflect. .
" Nothing is clearer in the history of our institutions than the
design of the nation in asserting its own independence and freedom,
to av6id giving countenance to the extension of slavery. The
influence of the small but compact and powerful class 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 Bevolution 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 has sprung those kindred wrongs in Kansas so truly por-
20

4:58 LIFE AND SERVICES OF JOHN C. FREMONT.
trayed in one of your^resolutions, which prove that the elements of
the most arbitrary governments have not been vanquished by the
just theory of our own
" It would be out of place here to pledge myself to any particular
policy that may be suggested to terminate the sectional controversy
engendered by political animosities, operating on a powerful class,
banded together by a common interest. A practical remedy is the
admission of Kansas into %he Union as a free State. The South
should, in my judgment, earnestly desire such consummation. It
would vindicate the good faith — it would correct the mistake of the
repeal ; and the, North, having practically, the benefit of the agree
ment between the two sections, would be satisfied, and good feeling
be restored. The measure is perfectly consistent with the honor of
the South, and vital to its interests.
" That fatal act which gave birth to this purely sectional strife,
originating in the scheme to take from free labor the country
secured to it by a solemn covenant cannot be too soon disarmed of
its pernicious force. The only genial region of the middle latitudes
left to the emigrants of the northern States for homes, cannot be
conquered from the free laborers, who have long considered it as
set apart for them in our inheritance, without provoking a despe
rate struggle. Whatever may be the persistence of the particular
class wliich seems ready to hazard everything for the success of the
tojust scheme it has partially effected, I firmly believe that the
great heart of the nation, which throbs with the patriotism of the
freemen of both sections, will have power to overcome it. Tliey
will look'to the rights secured to them by the Constitution of the
Union as their best safeguard from the oppression of the class,
wliich, hy a monopoly ofthe 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-slaveholding free
men, including those of the South, upon whose welfare slavery is
an oppression, will discover that the power of the general govern
ment over the public lands may be beneficially exerted to advanco
their interests and secure their independence. Knowing this, their
suffrages will not be wan ''to maintain that authority in the
Union which is absolutely a >.tial to the maintenance of their own
liberties, and which has moi ihan once indicated the purpose of
disposing of the public lands in such a way as would make every
settler upon them a freeholder.

" LETTER TO THE NATIONAL AMERICANS." 459 '
" If the people intrust to me the administration of the govern
ment, the laws of Congress in relation to the territories will be
faithfully executed. All its authority will be exerted in aid of the
national will to re-establish the peace of the country on the just
^rinoiples which have heretofore received the sanction of the federal
government, of the States, and of the people of both sections. Such
a policy would leave no aliment to that sectional party which seeks
its aggrandizement by appropriating the new territories to capital
in the form of slavery, but would inevitably result in the triumph
of free labor — the natural capital which constitutes the real wealth
of this great country, and creates that intelligent power in the
masses alone to be relied on as the bulwark of free institutions.
Trusting that I have a heart capable of comprehending our whole
country, with its varied interests, . and confident that patriotism
exists in all parts of the Union, I accept the nomination of your
Convention, in the hope that I may be enabled to serve usefully its
cause, which I consider the cause of constitutional freedom.
" Very respectfully, your obedient servant,
"J. 0. Fremont.
" To Messrs. H. S. Lane, President of the Convention ; James M
Ashley, Anthony J. Bleecker, Joseph C. Hornblower, E. B
Hoar, Thaddeus Stevens, Kingsley S. Bingham, John A. Wills,
0. F. Cleveland, Cyrus Aldrich, Committee, &c."
Soon after the nominations were made in Philadel
phia, a " National American " convention, then in ses
sion in New York, tendered the support of that party
also to Colonel Fremont,, who acknowledged the letter
announcing their determination in the following terms:
" New Yore, Jwne 30, 1856.
" Gentlemen : I received with deep sensibility your communica
tion, informing me that a convention of my fellow-citizens, recently
assembled in this city, have nominated me their candidate for the
highest office in the gift of the American People; and I desire,
through you, to offer to the members of that body, and to their
respective .constituencies, my grateful acknowledgment for this dis
tinguished expression of confidence. In common with all who are
interested in the welfare of the country, I had been strongly

460 LDTE AND SERVICES OF ' JOHN C. FREMONT.
impressed by the generous spirit of conciliation which influenced
the action of your assembly and characterizes your note. A dispo
sition to avoid all special questions tending to defeat unanimity in
the great cause, for the sake of which it was conceded that differ
ences of opinion on less eventful questions should he held in abey1
ance, was evinced alike in the proceedings of your convention in
reference to me, and in the manner by which you have communi
cated the result. In this course, no sacrifice of opinion on any side
becomes' necessary.
"I shall, in a few days, be able to transmit you 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 confidence in the success of our
cause is greatly strengthened by the belief that these views will
meet the approbation of your constituents.
" Trusting that the 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 enthusiasm which pervades the
country, and harmonize all elements in our truly great and common
cause, I accept the nomination with which you have honored me,
and am, gentlemen, very respectfully, " Your fellow-citizen, "J. C. Fremont."
Messrs. Thomas H. Ford, Ambrose Stephens, W. A. Howard,
Stephen M. Allen, Simon P. Kase, Thomas Shankland, J. B.
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 throughout 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
succeeding day render them more and more sanguine.
* Letter of July 8, p. 456 et seq.

CONCLUSION. 461

CHAPTER XIX.
CONCLUSION.
Col. Fremont is now but forty-three years of age.
Though in the prime of life, he is already eminent.
Before he was thirty he had enrolled his name among
the most eminent explorers and geographers, ?tnd had
given it to the rivers and the mountains and the pro
ductions of the soil, wliich he was the first to explore.
Before he was thirty-five, 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 freedom and civilization in the approaching
Presidential election. His nomination at Philadelphia
on the 19th of June, gave symmetry and completeness
tp a career which is more commended by its results to
the American people than that of any man, at his years,
whom the country has produced.
Col. Fremont is about five feet nine inches 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

462 life and services of john c. fremont.
forehead, over which his brown curling hair is parted at
the centre, is high and capacious. He never shaves, but
wears his beard neatly trimmed.
His head as well as person are strikingly symmetrical,
and indicate the compact strength and symmetry of
character which he has displayed through life. The
height of his head above the ears also reveals the ele
vation of his sentiments and the general benevolence
and purity of his nature.
Scarcely any trait of his character will impress a
stranger sooner than his modesty. He never dwells
upon his own achievements, and rarely alludes to them
except when specially invited. Even in his reports, his
own personality is as much concealed as it co_uld be
without making them unintelligible. He has a soft,
clear and gentle voice, and in conversation speaks
deliberately, but with the utmost precision and clear
ness. He always knows exactly what he 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 superior. Like Washington, whom
he resembles in many other respects, he 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. He 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

conclusion. 463
much to say that we have had no President since the
time of Jefferson who could appear to equal advan
tage, or fill so exalted a seat, in the literary or scientific
circles of his generation.
In his manners he is eminently well bred and refined,
and always prepossesses a new acquaintance in his favor.
He is sensitive to anything affecting his character, but
slow to take offence, or to suspect the motives of men.
He has twice in his life appealed to what is termed the
code of honor, but never for the redress of merely per
sonal Wrongs. In both instances, the particulars of
which are recorded in the foregoing pages, he was the
victim of a combination formed to break down a party
and principles of which he happened to occupy the
position of a protector. In the affair with Senator Foote,
he represented the pafty of freedom in California, and
as the son-in-law of Col. Benton, was a very suitable
target for the archery of that class of politicians who
had felt that the best, if not the only way of securing
an immunity for their own mischievous designs, was to
drive that fearless statesman from the Senate, and if pos
sible, from public Ufe. Had Col. Fremont tolerated the
first insult, it would have been repeated with aggrava
tions in twenty-four hours. He saw that his usefulness as
a senator, and his influence as a public man depended
upon his putting an end at once to the impression, if it
existed in any quarter, that his character could be
trifled with by any one. For such a purpose he was
willing to risk his life.
In the case of Mason, he thought he saw a disposition
to sacrifice him for having presumed 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.
had risen to the rank of lieutenant-colonel in the army,
over the heads of hundreds of officers who had enjoyed
better opportunities than he of doing what he had done,
but who lacked the necessary ability, or ambition.
When Col. Fremont detected this jealousy, and felt
the indignities which were the fruit of it, he suddenly
found himself the representative and champion of the
small but valuable class of men who, by extraordinary
devotion to their profession, provoke the envy of the
larger and meaner class who are unwilling to make
similar exertions or sacrifices. 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 high position he had secured,
and which, by the course he pursued, he not only
maintained, but entrenched impregnably. Had he
yielded, he would never have received the compliment
soon afterwards paid him by President Taylor, and
which 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 where
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 nei^'ibor, his character is unimpeached and unim-

religion. 465
peachable. He was confirmed as a member ofthe Protes
tant Episcopal church in Charleston, when he was sixteen
years of age, and at a time when he was under very pro
found religious convictions. He became so much absorbed
by the subject of religion at this time, as to inspire his
friends with a general expectation that he would devote
himself to the ministry. He used to study 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 return
to the United States, has been in the habit of attending^
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 from 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 whole 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 village

life and services of john c. fremont.
and hamlet throughout the Union, and " none named
him but to praise." He was not therefore, an unknown
man in any part of his country, though he had pro
bably never attended a political caucus in his life.
But he 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 much 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 firmness, wisdom and justice of om*
chief magistrate. Fremont is looked upon by the great
body of his countrymen in the free States, as the fittest
exponent of the highest and best interests of civiliza
tion that has been named in connection with the presi
dency for many years. He is identified in their minds
with 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.

APPENDIX.

[A]
EEPORT OF SENATOR BREESE, OF ILLINOIS.
united states senate, august 1, 1848.
The Select Committee, to whom wm referred the resolution of the *
Senate to inquire into the expediency of providing for the publica
tion qf the result of the late Exploring Expedition of John. C.
Fremont to CaUfornia and Oregon, to be 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 vf the Surveys and Explorations of
the said John C. Fremont, with a view to develope the geographical
eharacter 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 fartlier Sur
veys and Explorations to be also published- as a national work,
free from copyright, and subject to the disposition of Congrest
respectfully ask leave to report :
That it is 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 communi
cating with those possessions and with the Pacific Ocean, on
which they border, by railroads or other modes of travel and
conveyance ; and the committee believe, from the knowledge 467

468 LIFE AND SERVICES OF JOHN C FREMONT.
they have of the inclination of Mr. Fremont's mind, his habits
and pursuits, and his already great acquaintance with the coun
tries in question, acquired through extraordinary perseverance,
to be peculiarly well fitted to give to the government and to the
people the 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 almost constantly engaged in
astronomical and geographical pursuits, and nearly the whole
time in the open field, and the last six years in the country
beyond1 the Mississippi and the Rocky Mountains. He has made
three expeditions to those remote and interesting regions. The
results of the two first were published by order of Congress, and
commanded general applause both in this country and in Europe.
The celebrated Baron Humboldt, and the President ofthe Royal
Geological and Royal Geographical Societies,London, have spoken
of them in most favorable terms, 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 fiiiet question with the committee was to inquire into the
expediency of publishing, as a national work free of copyright,
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 previous
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
mittee have examined), and also in the geographical memoir to

REPORT OF SENATOR BREESE. 469
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 Tepu-
tation of the author, but enhance it, as might well be expected
from a more 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 work,
increase the reputation of their author, and give valuable infor
mation to the statesman and the farmer, to the astronomer and
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 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 produc
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, with the plumage preserved,
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 resolution 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 Pacific ocean, is the remaining inquiry
referred to this committee ; and of the expediency of providing
for such continuation they entertain no doubt. It is, in their
judgment, but carrying out the plain suggestion of reason, and

470 LIFE AND SERVICES OF JOHN C. FREMONT.
the plan of Mr. Jefferson, when he sent Lewis and Clark to th
Pacific ocean.
The committee think they do not err when they assume it as
an indisputable position, that the public interest and the wishes
of the people require further examinations into the character of
the soil, climate 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 publio
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 life in
explorations to these distant regions, and in that time has
crossed the Rocky 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 miles of exploration in wilderness countries, and under
stands thoroughly, there is no doubt, the general structure and
configuration of the country, and knows where to go and what
to do to complete his examinations. He has shown himself to
be possessed of all the' qualifications for such an enterprise, with
resources to supply wants, to conquer difficulties, and to com
mand success — and talent to execute his task to the satisfaction
and admiration of his own countrymen, and of the first men in
Europe. The committee learn with pleasure that it is Mr. Fremont's
own desire to finish up the great work in which he was so
unexpectedly interrupted in the course of the last year. No
other person probably could, for the reasons stated, do the work
so well, or in so short a time, or at so small an expense. No
other person could be employed in the work without appropria
ting to himself the fruits of his long and arduous labors, and

REPORT, ETC. 471
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 he
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 at the expense of the
government, and which should be diffused at once without the
impediment of copyrights, 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 the Mississippi.

472 LTFE AND SERVICES OF JOHN C. FREMONT.

EXTRACT OF A LETTER FROM THE HON. EDWARD EVERETT.
Cabeeidok, Mass., March 20, 1846.
"Dear Sir: A short time since, I sent two copies of the
Congressional documents, containing Captain Fremont's two
reports, to London, one to Doctor Holland (who spoke of you
with great kindness on his return to Boston,) and one to Sir R.- 1.
Murchison, late president both of the Geological 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 :
" ' The work of Captain Fremont so much interested me, (it is
really the most romantic, as well as instructive 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 President of the
Royal Geographical Society. Knowing your connection with
Captain Fremont, I have thought it might be some satisfaction
to you to learn that his labors were appreciated by good judges
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.
" 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's father-in-law.

PAOIFTC RAILROAD. 473
proceeded to Trieste. I availed myself of a favorable oppor
tunity to forward the books wliich you intrusted to my care, to
Baron von Humboldt. During the month I obtained a short
leave of absence from my post, and proceeded to the north of
Germany. Whilst at Berlin, I had an interview with Baron von
Humboldt. He 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 ques
tions to me in relation to yourself, your political career, your
age, and so forth, to which I gave full replies. He then inquired
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 by 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 GIVING THE RESULTS OF HIS
FIFTH EXPEDITION IN 1854  5, WITH SPECIAL REFERENCE TO THE
MOST PRACTICABLE ROUTE FOR A RAILWAY TO THE PACIFIC.
To tlie Editors of the National Intelligencer :
Gentlemen: "While tbe proceedings in Congress are occu
pying public attention, more particularly with the subject of a
Pacific Railway, I desire to offer to your paper, for publication,
some general results of a recent winter expedition across the Rocky
Mountains, confining 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-

474 LD^E AND SERVICES OF JOHN C. FREMONT.
tance— from the Missouri frontier, at the mouth of the Kansas
river, to the valley of Parawan, at the foot of the "Wahsatch Moun
tains, within the rim of the Great Basin, at its southeastern bend —
along and between the 38th and 39th parallels of latitude ; _ and the
whole line divides itself naturally into three sections, which may
be conveniently followed in description.
The first or eastern section consists of the great prairie slope,
spreading from the base of the Sierra Blanca to the Missouri frontier,
about 700 miles; the second or middle section, comprehends the
various Rocky Mountain ranges and interlying valleys, between the
termination of the Great Plains at the foot of the Sierra Blanca,
and the Great Basin of the Parawan Valley and Wahsatch Moun
tains, where the first Mormon settlement is found, about 450 miles ;
the third or western section comprehends the mountainous plateau
lying between the Wahsatch Mountains and the Sierra Nevada, a
distance of about 400 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
1,300 miles.
The First Section. — Four separate expeditions across this section,
made before the present one, and which carried me over various
lines at different seasons of the year, enable me to speak of it with
the confidence of intimate knowledge. It is a plain of easy incli
nation, sweeping directly up to the foot of the mountains which
dominate it as highlands do the ocean. Its character is open
prairie, over which summer travelling is made in every direction.
Por 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
(which might be made one rich continuous cornfield), and after
wards along the immediate valley of the Upper Arkansas, of which
about two hundred miles, as you approach the mountains, is conti
nuously well adapted to settlements as well as to roads. Numerous
well watered and fertile valleys^-broad and level — open up among
the mountains, which present themselves in detached blocks — out
liers — gradually closing in around the heads of the streams, but
leaving open approaches to the central ridges. The whole of the
inter-mountain region is abundant in grasses, wood, coal, and fertile
soil. The Pueblos above Bent's Fort, prove it to be well adapted
to the grains and vegetables common to the latitude, including
Indian corn, which ripens well, and to the support of healthy
stock, 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, which
in winter falls rarely and passes off quickly. In this belt of country
lying along the mountains, the snow falls more early and m.up*i

PACIFIC RAILROAD. 475
more thinly than in the open plains to the eastward ; the storms
congregate about the high mountains and leave the valleys free. In
the beginning of December we found yet no snow on the Huerfano
River, and were informed by an old resident, then engaged in estab
lishing a farm at the mouth of this stream, that snow seldom or
never falls there, and that cattle were left in tlie range all the winter
through. This character of ceuntry continued to the foot of the dividing
crest, and to this point our journey resulted in showing a very
easy grade for a road, over a country unobstructed either by snow
or other impediments, and having all the elements necessary to the
prosperity of an agricultural population, in fertility of soil, abund
ance of food for stock, wood and coal for fuel, and timber for
necessary constructions.
Our examinations around the southern headwaters of the Arkansas,
have, made us acquainted with many passes, grouped together in a
small space of country, conducting by short and practicable valleys
from the waters of the Arkansas just described, to the valleys of the
Del Norte and East Colorado. The Sierra Blanca, through whieh
these passes lie, is high and rugged, presenting a very broken .appear
ance, but rises abruptly from the open country on either side, nar
rowed at the points through which the passes are cut, leaving them
only six or eight miles in length from valley to valley, and entirely
unobstructed 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 ascent. Standing immediately at the
mouth of the Sand Hill Pass — one of the most practicable in the
Sierra Blanca, and above those usually travelled — at one of the
remotest headsprings of the Huerfano River, the eye of the travel
ler follows down without obstruction or abrupt descent along the
gradual slope of the valley to the great plains which reach the
Missouri. The straight river' and the open valley form, with the
plains beyond, 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
autumnal grass, and the water, which flows smoothly between, 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, comprehending the face of the
country almost continuously, or at least sufficiently so, to give a
thoroughly correct impression of the whole..

476 LIFE AND SERVICE8 OF JOHN C. FREMONT.
Two tunnel-like passes pierce the mountains here, almost in
juxtaposition, connecting the plain country on either side by short
passages five to eight miles long. The mountains which they per
forate constitute the only obstruction, and are the only break in the
plane . or valley line of road from the frontier of Missouri to the
summit hills of the Rocky Mountains, a distance of about 850
miles, or more than half way to the San Joaquin valley. Entering
one of these passes from the eastern plain, assistance of about one
mile upon a wagon road, already travelled by wagons, commands
an open view of the broad valley of San Luis and the great range
of San Juan beyond on its western side. I here connected the
line of tbe present expedition with one explored in 1848-'49 from
the mouth of the Kansas to this point, and the results of both will
be embodied in a full report. '
At this place the line entered the middle section, and continued
its western course over an open valley country, admirably adapted
for settlement, across the San Luis valley, and up the flat bottom
lands of the Sah-watch to the heights of the central ridge of the
Rocky Mountains. Across those wooded heights — wooded and
grass-covered up to and over their rounded summits — to the
Coocha-to-pe pass, the line followed an open easy wagon- way,
such as is usual to a rolling country. On the high summit
lands were forests of coniferous trees, and the snow in the pass
was four inches deep; This was on the 14th of December. A
day earlier our horses' feet would not have touched snow in the
crossing. Up to this point we had enjoyed clear and dry pleasant
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 becoming acquainted with the country. The open
character of the country, joined to good information, indicated the
existence of other passes about the head of the Sah-watch. •• This
it was desirable to verify, and especially to examine a neighboring
and lower pass connecting more directly with the Arkansas valley,
known as the 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 difficult and dangerous, precisely where we felt
most interested in making a thorough examination. We were mov
ing in fogs and clouds, through a region wholly unknown to us, and
without guides, and were therefore obliged to content ourselves
with the examination of a single line, and the ascertainment of the
winter condition of the country over which it passed; which, was
in fact the main object of our expedition.
Our progress in this mountainous 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

PACLFIC RAILROAD. * 477
side of the Upper Colorado valley, the greatest depth of snow was,
among the pines and aspens, on the ridges about two and a half
feet, and in the valleys about six inches. The atmosphere is too
cold and dry for much snow, and the valleys, protected by the
mountains, are comparatively free from it, and warm. We here
found villages of Utah Indians in their wintering ground, in little
valleys along the foot of the highest mountains and bordering the
more open country" of the Colorado valley. Snow was here
(December 25) only a few inches deep — the grass generally appear
ing above it, and there being none under trees and on southern hill
sides. The horses of the TJtahs 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 had on it about two
inches of fat, being in as good order as any buffalo we had killed.
in November on the eastern plains. Over this valley country —
about 150 miles across — the Indians informed us that snow falls
only a few inches in depth, such as we saw it at the time.
The immediate valley of the Upper Colorada for about 100 miles
in breath, and from the 7th to the 22d of January, was entirely
bare of snow, and the weather resembled that of autumn in "liis
country. The line here entered the body of mountains known as
the Wa-satch and Chu-ter-ria ranges, which are practicable at seve
ral places in this part of their course ; but the falling snow and
destitute condition of my party again interfered to impede examin
ations. They lie between the Colorado valley and the Great Basin,
and at their western base are established the Mormon settlements of
Parawan and Cedar City. They are what are called fertile moun
tains, abundant in water, wood, and grass, and fertile valleys, offer
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 maintenance of the road, and are solid foundations to
build up the future prosperity of the rapidly-increasing Ufah
State. Salt is abundant on the eastern border mountains, as the Sierra
de Sal, being named from it. In the ranges lying behind the Mor
mon settlements, among tbe mountains through which the line
passes, are accumulated a great wealth of iron and coal, and exten
sive forests of heavy timber. These forests are the largest I am
acquainted with in the Rocky 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 our line passed, a coal mine has been opened

478' LIFE AND SERVICES OF JOHN 0. FREMONT.
for about eighty yards, and iron works already established. Iron
here occurs in extraordinary masses, in some parts accumulated into
mountains, which come ont in crests of solid iron thirty feet thick
and a hundred yards long.
In passing through this bed of mountains about fourteen days
had been occupied, from January 24th to February 7th, the deepest
snow we here encountered being about np to the saddle-skirts, or
four feet ; this occurring only in occasional drifts in the passes on
northern' exposures', and in the small mountain flats hemmed in by
woods and hills. In the valley it was sometimes a few inches deep,
and as often none at all. On our arrival at the Mormon settlements,
February 8th, we found it a few inches deep, and were there
informed that the winter had been unusually long-continued and
severe, the thermometer having been as low as 17° befow zero, and
.more 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 land for grain.
At this point the line of exploration entered the third or western
section, comprehending the mountainous plateau between the Wah
satch Mountains and the Sierra Nevada of California. Two routes
have suggested themselves to me for examination, one directly
across the plateau, between the 37th and 38th parallels ; the other
keeping to the south of the mountains and following for about 200
miles down a valley of the Rio Virgin — Virgin River — thence
direct to the Tejon Pass, at the head of the San Joaquin valley.
This route down the Virgin River had been examined the year
before with a view to settlement this summer by a Mormon explor
ing party under the- command of Major EJteele of Parawan, who
(and others of the party) informed me that they found fertile val
leys inhabited by Indians who cultivated corn and melons, and the
rich ground in many places matted over with grape vines. The
Tejon Passes are two, one of them (from the abundance of vines at
its lower end) called Caxon de las Ovas. They were of long use,
and were examined by me and their practicability ascertained in my
expedition of 1848-49, and in 1851 I again passed through them
both, bringing three thousand head of cattle through one of
them. Knowing the practicability of these passes, and confiding in the
report of Major Steele as to the intermediate country, I determined
to take the other (between tlie 37th and 38th parallels), it recom
mending itself to me as being more direct towards San Francisco,
and preferable on that account for a road, if suitable ground could
be found ; and also as being unknown. The Mormons informed me,
that various attempts had been made to explore it, and all failed
for want of water. Although biased in tavor of the Virgin River
route, I determined to examine this one in the interest of geogra-

PACIFIC RAILROAD. 479
phy, and accordingly sot out for this purpose from the settlement
about the 20th of February, travelling directly westward fro.m
Cedar City (eighteen miles west of Parawan). We found the cou n r.'ry
a high table land, bristling with mountains, often 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 shape and
position as we advanced. The valleys are dry 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 Nevada, over a distance of more than
300 miles. • The solitary character of this uninhabited region, the
naked valleys without watercourses, among mountains with fertile
soil and grass and woods abundant, give it the appearance of an
unfinished country.
Commencing on the 38th, we struck the Sierra Nevada on or
about the 37th parallel about the 15th March.
On onr route across we had for the greater part of the lime plea
sant and rather warm weather; the valley grounds and low ridges
uncovered, but snow over the upper parts ofthe higher mountains.
Between the 20th of February and 17th of March we had several
snow-storms, sometimes accompanied with hail and heavy thunder;
but the snow remained on the valley ground 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 disappointed in my
expectation. The first range we attempted to cross carried us to au
elevation of 8,000 or 9,000 feet and into impassable snow, which
was further increased on the 16th by a considerable fall.
There was no object in forcing a passage, and I accordingly turned
at once some sixty or eighty miles to the southward, making a wide
sweep to strike the Point of the California Mountain where the
Sierra Nevada suddenly breaks off and declines into a lower coun-
try. Information 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 reached I found the Indian information fully
verified- the mountain suddenly terminated and broke 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 first which offered (taking no time to search, as we were
entirely out of provisions and living upon horses)j which led us
by an open and almost level hollow thirteen miles long to an

480 LIFE AND SERVICES OF JOHN C. FREMONT.
upland not steep enough to be called a hill, over into the valley of
a small affluent to Kern River ; the hollow and the valley making
together a way where a wagon would not find 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 fields 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 throughout
the year, and the descent from them to the ocean is distributed
over a long slope of moro than 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 tbe considerations which suggest them
selves in favor 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 established, that the winter
condition of the country constitutes no impediment, and from what
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 tlieir 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 gratification of my great desire to do something for its
advancement. It seems a treason against mankind and the spirit
of progress which marks the age, to refuse to put this one com
pleting link to our national, prosperity and the 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 which runs through the history
of the world will follow the iron track to San Fransisco, and the
Asiatic trade will finally fall into its last and permanent road,
when the new and the modern Ohryse throw open their gates tc
the thoroughfare of the world.
I am, gentlemen, with much regard, respectfully yours,
J. 0. Fremont.
Washington, June 18.

FINIS.

9002 00847 2962