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 (JENERAL STEPHEN W. KEARNY a7td 
 the CONQUEST OF CALIFORNIA (^846-v 
 
 A Paper Read Before the 
 
 Historical Society of South e^rn California 
 
 February 6, 1911 
 
 BY 
 
 VALENTINE MOTT PORTER 
 
 Vice-President Missouri Historical Society 
 
 LOS ANGELES: 
 
 Reprinted from Annual Publications of the Historical Society 
 
 OF Southern California, Vol. VIII. 
 
 19 11 
 

 
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GENERAL STEPHEN W. KEARNY and 
 the CONQUEST OF CALIFORNIA ('846-v 
 
 [Syllabus : The Superficial Conquest by Stockton and Fremont — Uprising 
 of the Calif ornians— March of Kearny from Santa Fe — The Action at 
 San Pascual — Original document : Letter from Kearny describing Condi- 
 tions at San Diego, fan., 1847 — The Conquest Completed by Kearny — 
 The Stockton- Kearny Controversy — FremonVs Mutinous Conduct, his 
 Courtmartial and Conviction — Contemporaneous Views of Kearny. '\ 
 
 A Paper Read Before the 
 
 Historical Society of Southern California 
 
 February 6, 1911 
 
 BY 
 
 VALENTINE MOTT PORTER 
 
 Vice-President Missouri Historical Society 
 
 LOS ANGELES: 
 
 Reprinted from Annual Publications of the Historical Socistt 
 
 OF Southern California, Vol. VIII. 
 
 19 11 
 
f 
 
 JUN 13 19^^ 
 
I 
 
 i 
 
 GENERAL STEPHEN W. KEARNY AND THE CONQUEST 
 OF CALIFORNIA (1846-7). 
 
 BY VALENTINE MOTT PORTER. 
 
 Who was the "conqueror" of California? The question appears 
 to be simple enough to admit of a ready answer, but in reality 
 it is a poser — at least for any one who is not satisfied to accept tradi- 
 tion unsupported by historic facts. The title rests, it may be said safely, 
 among three men : John C. Fremont, Robert F. Stockton, and 
 Stephen W. Kearny, all of whom contributed by their services, 
 in varying degrees, to add the domain to the United States. Which 
 one most nearly deserves the title, or whether it can be justly 
 bestowed <5n one to the exclusion of the other two, presents an 
 interesting problem. Fremont, with probably the least merit, made 
 the deepest impression on the public. His name became a household 
 word throughout the country as well as in California. To this 
 day, indeed, the chief historic feature in the old-time California 
 town is invariably "Fremont's Headquarters." Only Washington 
 seems to have had more abiding places, but then of course he had 
 many more campaigns and battles to his credit. Fremont was an 
 active campaigner, in the sense that he covered much ground, but 
 he did not happen to do much fighting. It may be news to many 
 that he was never in a single battle on California soil. Yet on the 
 strength of his claim to be regarded as the "conqueror" he was 
 the first United States senator elected by the new State of Cali- 
 fornia, and the first candidate for president nominated by the new 
 Republican Party. It has been said, perhaps too harshly, that in 
 most ways he was a man of no great ability, but he seems to have 
 approached genius in his faculty for self-advancement. Commodore 
 Stockton, whose claim to the title was asserted with equal vigor, 
 and who sought to monopolize all the credit for the conquest, was 
 only partially successful in his efforts. He, too, became a senator, 
 for a short while, but his party chose Buchanan instead of him to 
 run for president against Fremont. Although the Commodore has 
 almost passed out of the popular mind he has remained in the 
 histories. The writers thereof took him pretty much at his own 
 estimation and have handed him down as the chief figure in the 
 conquest. In California, of course, where an important city bears 
 his name, he is by no means forgotten. All in all, he may be said 
 to have fared reasonably well. Neither popular tradition, however. 
 
4 General Stephen W. Kearny and 
 
 or popular histories have much to say about General Kearny, who 
 commanded the troops in the three important battles in the conquest. 
 Compared with the illustrious Fremont and Stockton, he would 
 appear to have been a secondary figure, yet in the estimation of the 
 authorities at Washington, as indicated by official acts, he was 
 the only one of the triumvirate who deserved and received gov- 
 ernmental recognition for the achievements in California. Stockton 
 barely escaped censure and Fremont was saved by an act of 
 clemency from being dismissed the Army. The memory of General 
 Kearny has become so vague that were you to walk down Kearny 
 Street in San Francisco and ask the first man you met to tell 
 you for whom the street was named, it is an even chance that he 
 would reply, "Why, 1 guess Dennis Kearney, 'the sand-lots man'." 
 How to account for the common ignorance and historical under- 
 valuation of General Kearny's part in the acquisition of California 
 is not at all hard. It is simply this : He was not the kind to bother 
 himself about rewards. Being essentially a professional soldier, 
 not a popular hero, when one job was over he turned naturally to 
 the next. Instead of quitting the service, as did the other two, to 
 run for office on the strength of the California exploits, he reported 
 for another tour of duty, was sent to join the Army in Mexico, 
 served in unhealthy stations, fell ill, and died. He was cut oflf 
 in the prime of his usefulness, only a year after he had left the 
 Pacific Coast. Fremont and Stockton, building political careers 
 upon their military deeds, reaped all the glory that the "conquest" 
 yielded, leaving as memorials of their greatness an assortment 
 of adulatory campaign biographies and a tradition that finds ready 
 acceptance by new generations of hero-worshipers. The purpose 
 of this paper, as may be inferred, is to try to direct attention to 
 General Kearny's services in California, to point out some omis- 
 sions, inaccuracies, and wrong conclusions in the current histories, 
 and, for the benefit of those who regard the winning of California 
 as a not altogether glorious chapter in American history, to hold 
 up before them one "conqueror" upon whom there is no taint of 
 the spoiler or the charlatan. 
 
 At the opening of the Mexican War, General (then Colonel) 
 Kearny was at Fort Leavenworth in command of the First Regi- 
 ment of United States Dragoons; no fortuitous accident having 
 placed him already on the Pacific Coast. The Administration having 
 in mind the acquisition of the far western country appointed Kearny 
 to command an overland military expedition for the capture of both 
 New Mexico and California. Before he could reach the Coast, 
 but after he was well on his way thither, certain early steps in the 
 struggle had been taken. In order fully to appreciate the part 
 in it that he was to have, it will be advantageous, while he and his 
 
The Conquest of California 5 
 
 cavalcade are crossing the plains, to see what had already been done 
 in California toward throwing off the Mexican rule. 
 
 THE FIRST OR SUPERFICIAL CONQUEST. 
 
 Captain J. C. Fremont, of the United States Topographical En- 
 gineeds, had been for some time prior to the outbreak of the war 
 engaged in exploration in the Sacramento Valley.^ His work com- 
 pleted he was about returning to the East, when he received infor- 
 mation that decided him to remain in what might become an in- 
 teresting theatre of military operations. At Sonoma, above the 
 Bay of San Francisco, a party of adventurous settlers, chiefly 
 Americans, had revolted against Mexico and had raised a standard 
 of their own, known as the "Bear Flag." They made overtures to 
 Fremont to join forces with them, but at the beginning they did 
 not obtain his open support. Gradually though he became more 
 and more identified, at least in the minds of the people of the 
 country, with this irregular movement. While not openly espousing 
 the Bear Flag cause it is certain that he gave encouragement to 
 some of the aggressions perpetrated under that symbol. Commo- 
 dore John D. Sloat, of the United States Navy, in command of 
 the Pacific Squadron, had been advised that in case he heard of a 
 declaration of war between Mexico and the United States he was 
 to seize the ports on the California coast, but unless driven thereto 
 he was not to attack the government of California. He was di- 
 rected to try to conciliate the people and to hold them as friends 
 of the United States. His task was made the harder for the reason 
 that the filibustering activities of Fremont, added to the outrages 
 perpetrated by the Bear Flag men, had weakened the confidence 
 
 IJOHN C. FREMONT was born in 1813 at Savannah, Ga. ; entered 
 Charleston College, from which he was expelled; became a teacher of mathe- 
 matics in the Navy (1833) ; after a cruise of two and a half years he was 
 elevated to a professorship, which evidence of learning moved his former col- 
 lege to give him an A.B. and A.M. ; resigned from the Navy and was engaged 
 upon R.R. engineering work until appointed a 2d lieut. in the Topographical 
 Engineers, U. S. A., 1838 ; brevetted capt. in 1844 for gallant and highly 
 meritorious services in two expeditions to the Rocky Mts. ; organized the 
 Calif. Battalion of Vols., 1846, serving as major thereof by appointment 
 of Com. Stockton; commissioned It.-col. in the Mounted Rifle Reg't, U. S. 
 A., 1846 ; sided with Com. Stockton in a controversy with Gen. Kearny ; 
 courtmartialed, tried, sentenced to be dismissed from Army for disobedience 
 of orders, sentence commuted, but resigned from service, 1848; engaged 
 again in exploring work, reaching Calif, in '49; elected U. S. Senator from 
 Calif. 1850 for a short term ; nominated for President by the new Republican 
 Party in 1856; appointed maj.-gen. of vols., 14 May, 1861; resigned 4 
 June, 1864, without having performed any Civil War service of distinction ; 
 thereafter engaged in speculations which gradually impoverished him; ap- 
 pointed governor of Ariz, in 1878, serving for a brief term ; placed on the 
 Army retired list as maj.-gen., by special Act of Cong., 1890; died 13 
 July, 1890. 
 
6 General Stephen W. Kearny and 
 
 of the natives in the professed good faith of the Americans. Just 
 about the time that General Jose Castro, the Mexican mihtary com- 
 mandante at Monterey, started north to suppress the uprising at 
 Sonoma, Commodore Sloat received advices that convinced him 
 that hostilities between Mexico and the United States had gone 
 far enough to justify him in acting upon his instructions.^ By his 
 orders the stars and stripes were run up at Monterey on July 7, 
 1846, and two days later at Yerba Buena, the settlement on San 
 Francisco Bay. At the same time the Bear Flag came down at 
 Sonoma and was replaced by the American standard.^ Castro, 
 realizing that he would now have to cope with a superior force, 
 hastily withdrew to the South to secure reinforcements. Commo- 
 dore Stockton, who succeeded Sloat within a few days after the 
 flag was raised, was not content merely to hold the sea-ports. After 
 a conference with Fremont he decided to abandon anv conciliatory 
 attitude. Being personally ambitious and a receptive candidate 
 for glory, he made up his mind, without waiting for definite in- 
 structions, to conquer the country.^ Forthwith he issued a bombastic 
 proclamation, characterized by effrontery and hypocrisy.^ He had 
 already accepted a tender of services from Fremont and his im- 
 provised force from the North, made up of some of the Bear Flag 
 
 2For Sloat's instructions see 30th Cong., 1st Sess., Ex. Doc. 60, p. 231 ; 
 also, Cutts, History of the Conquest of New Mexico and California, ch. vii. 
 and appendix. E. A. Sherman's Life of Rear- Admiral John D. Sloat, contains 
 the instructions, an account of Sloat's information regarding hostilities in 
 Mexico, and an eulogy on his character, all crudely arranged and in- 
 coherently presented. 
 
 SThe Bear Flag Revolt, according to H. H. Bancroft, was a movement 
 independent of the American conquest of California, being in no sense a 
 part of it, and neither leading to or in any way promoting it. If anything, 
 it made the conquest more difficult. H. H. Bancroft, History of California, 
 v., p. 96. Although Bancroft's work stands as the leading reference source 
 for California history, it is not safe to accept it always as infallible author- 
 ity, as will be pointed out in the course of this paper. 
 
 4R0BERT F. STOCKTON was born in 1795 at Princeton, N. J.; en- 
 tered college there but left to become a midshipman in U. S. N., 1 Sept., 
 1811 ; served in the War of 1812, becoming a lieut. 9 Dec, 1814; served in 
 the expedition against Algiers; promoted to commander in 1830; capt. in 
 1838. Although in the Naval service, he always was active in politics, but 
 frequently changed his party allegiance. He declined the post of Sec. of Navy, 
 offered him by Pres. Tyler. Three years after his Calif, experience he quit 
 the Navy (1850) and the next year was elected U. S. Senator from N. J., 
 resigned after a short service in the Senate. He was prominently mentioned 
 for the Democratic nomination for pres. in 1856. In later years was identi- 
 fied with the American ("Know Nothing") Party movement. He died 7 Oct., 
 1866. 
 
 ^Bancroft, v., p. 255; Royce, California, pp. 177-8; Tuthill, History of 
 California, p. 186, and Annals of San Francisco, p. 104. 
 
The Conquest of California 7 
 
 men and of newly arrived immigrants, which was designated as the 
 "California Battalion of Mounted Riflemen." This command was 
 embarked for San Diego with the purpose of cutting off Castro's re- 
 treat to the South, a plan that in the turn of events proved ineffective. 
 Stockton himself sailed for San Pedro, the port of Los Angeles, 
 where he landed a force of sailors and marines, with some small 
 cannon. General Castro and Governor Pio Pico at Los Angeles 
 made a show of preparation for defense, but realizing that they could 
 not successfully repel the invaders they tried to open negotiations 
 with Stockton. They felt that in view of the conciliatory attitude 
 of Sloat, the predecessor of Stockton, there might be some chance 
 for an adjustment. Commodore Stockton, however, was not the 
 kind of man to yield an inch of glory. Caring little or nothing for 
 the feelings of the Californians he treated their messengers dis- 
 dainfully, and demanded an unconditional surrender. As Castro 
 and Pico could not comply without loss of honor they decided, not to 
 resist, but to throw over the cause of the Californians and bolt ! 
 Whereupon they headed for Mexico, leaving the Californians to 
 shift for themselves. Major Fremont and his battalion having 
 marched up from San Diego and joined the Commodore and men 
 from the fleet, the united force on August 13 entered Los Angeles 
 without hindrance. 
 
 Having now completed, as he thought, the conquest of the country, 
 Commodore Stockton sent Kit Carson, the scout, on an overland trip 
 to Washington, bearing the tidings of the acquisition of California. 
 He then undertook to erect a government for the inhabitants. He 
 issued a few more proclamations, somewhat milder in tone than the 
 first, but yet offensively condescending, signing himself "com- 
 mander-in-chief and governor of the territory of California."^ The 
 conquest had been bloodless simply because the naturally unwarlike 
 people of the country so far had lacked enthusiasm and capable lead- 
 ership. They had yielded not without much bitterness of spirit. 
 The pronunciamentos of Stockton, instead of appeasing them, served 
 only to increase their resentment. They had been victimized, but 
 they did not know that the wanton, ignorant, selfish course of 
 Stockton was neither justified or contemplated in the orders from 
 Washington. Fremont had sense enough, let it be said in his favor, 
 to accommodate himself to the new order. Being an arch-oppor- 
 tunist he saw the advantage of making himself personally solid with 
 the natives. This he did by entering into their ways and their 
 social life.'^ 
 
 629th Cong., 2d Sess., Sen. Ex. Doc. No. 1, p. 669, Doc. No. 19, p. 107, 
 and Bancroft, v., p. 283. 
 
 7Coronel, Bancroft MS., and Royce, California, pp. 185-6. 
 
S General Stephen W. Kearny and 
 
 Four days after the occupation of Los Angeles Commodore Stock- 
 ton first learned authoritatively that war had been officially declared 
 between the United States and Mexico. So far he had been acting 
 on the strength of the information of hostilities gained by his prede- 
 cessor.^ Yet he had apparently completed the task that he had set 
 out to perform. Nothing remained to be done but to garrison the 
 important places. Detachments for this purpose were drawn from 
 Fremont's battalion. Stockton and Fremont then departed for the 
 north, the one by sea, the other by land. Lieut. Gillespie, of the 
 Marine Corps, with fifty men was left in charge at Los Angeles. 
 Not only was this force inadequate to hold in subjection a people 
 whose unrest was increasing, but Gillespie himself was no man for 
 the place. Arrogant, exacting, with intensified Anglo-Saxon in- 
 aptitude in dealing with alien peoples, he quickly had the town 
 flaming with wrath and indignation.^ 
 
 THE UPRISING OF THE CALIEORNIANS. 
 
 The result of Gillespie's intolerance at Los Angeles, added to the 
 smouldering memory of the violence in the north, started up the 
 first vehement opposition to the Americans. The people at last 
 were willing to fight. Leaders came forward in the persons of 
 Jose M. Flores and Andres Pico, a brother of Governor Pio Pico. 
 After a short but exciting siege Gillespie was forced to quit Los 
 Angeles and withdraw to Monterey. Lieutenant Talbot and a small 
 detachment at Santa Barbara fled to avoid capture.^*^ The whole 
 southern country was quickly reclaimed by its real owners, and the 
 "conquest," so heroically proclaime^d by Stockton and Fremont in 
 the letters to Washington, was now undone. Worse than that, the 
 people were now thoroughly aroused. To overcome them again 
 would mean much hard fighting, compared with which the bloodless 
 
 SGninn, Hxst. of Calif, and Southern Coast Counties, i., p. 124. (See note 
 2, supra). 
 
 , 9ARCHIBALD H. GILLESPIE, lieut. in the U. S. Marine Corps, had 
 an active part in the incidents connected with the acquisition of Calif. Com- 
 ing out from Washington in '45 as the bearer of dispatches to Consul Lar- 
 kin, at Monterey, and incidentally with letters to Fremont, all bearing on 
 the possible annexation of California in the event of War with Mexico, 
 he joined fortunes with the 'Pathfinder,' and served under him and Stockton 
 in various capacities during the subjugation. He declined to be Sec. of 
 State under Fremont's questionable governorship but served as major of the 
 Cal. Battalion. In 1854 he resigned from the Marine Corps. Most of his 
 subsequent life was spent in Mex. and Calif., but he achieved no later 
 prominence. He died in San Francisco in 1873, aged 60. 
 
 lOTHEOpORE TALBOT had joined the Cal. Bat. of Vols, in July, '46, 
 as serg, major, rising to be 1st lieut. Later he received a commission as 
 lieut. in the 1st Art., U. S. A., and afterwards transferred to the adj- gen'l 
 dept. He died in 1862 as major a. a. g. 
 
The Conquest of California 9 
 
 conquest just annulled was but child's play. The Americans faced a 
 situation less favorable than when they began. The real task was 
 ahead of them. Commodore Stockton, who so far had not lacked 
 confidence or energy, prepared to grapple with it. He sent Captain 
 Mervine, of the Navy, and a force of marines to the port of San 
 Pedro with orders to march upon and re-capture Los Angeles. 
 The advance of Mervine's party was stopped at Dominguez Rancho. 
 In the engagement that ensued several of his men were killed and 
 he was glad to retreat with his force to San Pedro. Stockton in his 
 flagship arrived there two weeks later (Oct. 23). He had now 
 altogether at this port eight hundred men. Notwithstanding this 
 fact, and that he held a contemptuous view of the Californians, he 
 decided it would be impracticable to march the thirty miles to Los 
 Angeles to make another attempt at its re-capture. His excuses 
 were that Fremont's battalion which had been recruiting in the north 
 and was supposed to be on its way down from Santa Barbara, had 
 not arrived to cooperate with him and that there were no provisions 
 available to subsist the troops on the thirty-mile march from San 
 Pedro to Los Angeles ! He estimated the insurgent force at about 
 eight hundred, the sailor-man being deceived by the old ruse prac- 
 ticed by the enemy of marching round and round the hill, to be 
 counted several times, with an auxiliary force of riderless horses 
 kicking up clouds of dust in the distance. The navigator's defective 
 information magnified the enemy's number as a matter of fact, just 
 about eight times. Stockton sized up the situation, according to his 
 lights, and decided to march upon Los Angeles by way of San 
 Diego pi Thereupon the Navy took to its ships and sailed down 
 the coast to that place, where the men landed and went into camp 
 early in November. The following month or so was devoted to 
 preparations for a resumption of the campaign, but news was ex- 
 pected any day that Fremont would have arrived at Los Angeles 
 and settled with the enemy, saving Stockton the necessity of sparing 
 his own troops for that purpose. Fremont, however, was taking 
 his time on his southward journey, caution requiring him to march 
 by the difficult mountainous route instead of the quicker shore way. 
 As late as Christmas day he had gotten no further than the pass 
 above Santa Barbara. Meanwhile the Californians had things their 
 own way. 
 
 liFor an account of Stockton's backdown at San Pedro, see Guinn, id., pp. 
 134-5, and Bancroft, v., pp. 323-4. Another excuse offered by Stockton was 
 the superiority of San Diego harbor as a base, but it is hard to believe 
 that he needed 800 sailors and marines to transfer the ships from one harbor 
 to the other. The main force it would seem could have been spared to march 
 upon Los Angeles while a few men were moving the ships. It would have 
 saved a march of nearly 100 miles. 
 
10 General Stephen W. Kearny and 
 
 Such, then, was the situation in December, 1846, when Brigadier- 
 General Kearny and his escort of dragoons approached the Eastern 
 gate of California, after an arduous march over the desert from 
 Santa Fe.^^ Before we ride along with him let us hear what he had 
 been doing so that we miy appreciate his present situation. 
 
 KEARNY's march from SANTA FE. 
 
 Kearny had left Fort Leavenworth with a force approximating 
 fifteen hundred men, consisting of Missouri Volunteers and a portion 
 of his regiment of dragoons, and known as the "Army of the 
 West."i3 The march across the plains and over the mountains was 
 one of the most hazardous and romantic undertakings in military 
 annals. Much of the region traversed was practically devoid of 
 wood and water. Although traders' caravans had been able to go 
 back and forth over the trail to Santa Fe, living on the game shot 
 from day to day, it was far more difificult for an army expected to 
 subsist in the same way, it not being possible to carry along sufficient 
 commissary stores for the entire march. Without going into the 
 details of the journey, which, however interesting, we have not space 
 to describe, the troops reached Santa Fe on August 18, a march 
 of a thousand miles in thirty-four days. Santa Fe, the seat of 
 government of New Mexico and the leading trading post in the 
 Southwest, was occupied "without firing a gun or spilling a drop of 
 blood." As soon as the General had taken formal possession of the 
 territory in the name of the United States, established a civil govern- 
 ment, and conciliated the inhabitants, he turned his eyes toward the 
 
 12STEPHEN WATTS KEARNY was born in 1794 at Newark, N. J.; 
 educated at Columbia college, N .Y. ; appointed 1st lieut., 13th Infantry, U. 
 S. A., 12 March. 1812; served in the War of 1812; became capt., 1 April, 
 1813; received brevet of Major in 1823 for ten years' faithful service 
 in one grade; major, 3d Infantry, 1829; when the 1st Reg't of Dragoons 
 (later known as the 1st Cavalry) was organized, in 1833, he was made its 
 It.-col. and entrusted with the task of devising a system of cavalry tactics 
 for this new arm of the service. He was thus the father of our present 
 cavalry service. The reg't became the model corps of the Army. He was 
 col. commanding from 1836 to '46. During this time he made many remote 
 expeditions to the Indian tribes, over which he acquired great personal 
 influence. Among the Osages, Kanzas, and kindred tribes he was known as 
 Shonga Kahcga Mahctonga ("The horse-chief of the long knives"). He 
 served in nearly every frontier army post from the northern to the southern 
 border, and more than one he himself built. In the Mexican War he was 
 given command of the "Army of the West," was promoted to brig.-gen., 
 marched overland and conducted the western operations, taking possession 
 of New IMexico and completing the conquest of Calif.; was brevetted major^ 
 gen. for gallant and meritorious conduct in this region, to date from the 
 battle of San Pascual, Dec, 1846; was military and civil governor of Calif., 
 1847, of Vera Cruz, March, 1848, and of the City of Mexico, May, 1848. 
 He died 31 Oct., the same year. 
 
 l3Kearny's commission as brigadier-general reached him in August while 
 he was on the march. 
 
The Conquest of California 11 
 
 Pacific, his ultimate destination being Monterey. Taking with him 
 three hundred dragoons, who must have presented a striking appear- 
 ance in their shabby patched clothing and mounted on mules, he set 
 out on Sept. 25th.i4 His orders were to gain possession of Califor- 
 nia, cooperating for that purpose with the naval forces, which prob- 
 ably would be found in possession of the sea-ports, and having 
 effected a conquest of the country he was to organize a civil govern- 
 ment.15 There would follow him to California additional troops, 
 consisting of an infantry battalion of five hundred Mormon volun- 
 teers, raised from the Nauvoo refugees, a regiment of New York 
 volunteers and a company of regular artillery, which were en route 
 by sea. It was also contemplated to send later on Col. Sterling Price 
 and his regiment of Missouri volunteers from Santa Fe, not yet 
 arrived at that point. The whole force, it was believed, would be 
 ample to annex and hold California. 
 
 General Kearny's column on Oct. 6, when near Socorro, New 
 Mexico, met Kit Carson, the scout, on his way to Washington with 
 dispatches from Stockton and Fremont announcing the acquisition 
 of California and the complete subjugation of its inhabitants.^^ In 
 consequence of this news Kearny felt it would be unnecessary and 
 unwise to take with him so large a force, especially as the other 
 troops en route by sea would serve all needful purposes. The war 
 was still in progress in old Mexico, and it seemed good policy 
 to leave at Santa Fe as many men as could be spared. So the 
 General sent back two hundred of the dragoons, retaining one hun- 
 dred as a personal escort rather than as a force likely to be called 
 upon, to battle with the enemy. Notwithstanding the changed situ- 
 ation on the Coast he felt in duty bound to continue his march 
 thither, because his orders required him to take command of the 
 department of California and to establish a government for the 
 inhabitants. As the party had still to traverse the most difficult 
 and least known region, the General prudently decided to utilize 
 the services of Kit Carson as a guide, and to forward his dispatches 
 by other hands. Carson strongly protested against having to turn 
 back and retrace his journey, and not without reason, for he was 
 expecting to see his family in a few days more. Kearny was a 
 warm-hearted man and probably disliked to inconvenience Carson, 
 but military necessity justified it. 
 
 14The dragoons were mounted on mules because it was believed that 
 horses could not travel to Calif., and even if they could they probably would 
 be less serviceable there than mules. Letter of Gen. K. to the Adj.-Gen., 24 
 Sept., 1846. 
 
 ispor Gen. Kearny's instructions see Bancroft, v., p. 334, note 9, and ref. 
 cited; also 30th Cong., 1st Sess., Ex. Doc, No. 60, p. 153. 
 
 16Bancroft, v., p. 336. 
 
12 General Stef>hen W. Kearny and 
 
 The party now greatly diminished in numbers, resumed the march 
 and soon found itself beset with hardships more severe than any yet 
 experienced. The greatest suffering was from the lack of provis- 
 ions and water. By the time the Colorado River was reached (No- 
 vember 22) many of the animals had been lost, some had been 
 eaten, and the rest were in bad condition. Most of the men were 
 obliged to trudge along on foot.^"^ Near the junction of the Colo- 
 rado and Gila Rivers they found the remains of a camp and the 
 recent evidence of many horses, at least a thousand, as they esti- 
 mated, which led them to believe that they had come upon the trail 
 of General Castro, and that he was returning from Mexico with a 
 fresh army to drive out the Americans. Kearny felt that his own 
 party was too small to be able to resist an attack, and that the only 
 way to take the enemy at a disadvantage would be to attack him, by 
 surprise if possible.^^ If Castro's camp could be found he would 
 fall upon it the moment night set in and beat him with the darkness 
 concealing his own weakness. The reconnaissance that he imme- 
 diately ordered to be made revealed not Castro but a small party 
 of Mexicans on their way to Sonora with five hundred horses from 
 California. The dragoons thought they saw a chance to get some 
 remounts, but to their disappointment the horses proved to be un- 
 broken and few of them were of much use. On the next day they 
 captured a Mexican courier bearing mail from the Coast. Then 
 they got the first intelligence that the Californians had arisen and 
 under Flores had expelled the Americans from Los Angeles, Santa 
 Barbara, and other places. Accustomed to Mexican exaggeration, 
 they took this news with a grain of salt, but at the same time they 
 felt that something serious might have happened. On December 2, 
 at Warner's Rancho, the extreme Eastern settlement of California, 
 they received further reports, seemingly more reliable, that the Cali- 
 fornians were in possession of practically the whole Southern coun- 
 try, except the port of San Diego. General Kearny thereupon 
 dispatched a note to Commodore Stockton, asking him if possible 
 to "send a party to open communication w^ith us on the route to this 
 place and to inform me of the state of aflfairs in California."^^ The 
 Commodore's reply, sent the next day, was as follows -^^ 
 
 Headquarters, S. Diego. Dec. 3d, 6:30 P. M. 
 Sir: I have this moment received your note of yesterday by Mr. Stokes, 
 and have ordered Capt. Gillespie with a detachment of mounted riflemen and 
 
 i7Emory, Notes of a Military Reconnaissance, etc., p. 94. (Contained in 
 30th Cong., 1st Sess., Ex. Doc. No. 41). This work gives a detailed account 
 of the entire march. 
 
 18/d., p. 94. 
 
 "Bancroft, v., p. 339, note 14. 
 
 20/rf., loc. cit. 
 
The Conquest of California 13 
 
 a field piece to proceed to your camp without delay. Capt. G. is well in- 
 formed in relation to the present state of things in Cal., and will give 
 you all needful information. I need not therefore detain him by saying any- 
 thing on the subject. I will merely state that I have this evening received 
 information by two deserters from the rebel camp of the arrival of an addi- 
 tional force of 100 men, which, in addition to the force previously here, 
 makes their number about ISO. I send with Capt. G. as a guide, one of the 
 deserters, that you may make inquiries of him, and, if you see fit, endeavor 
 to surprise them. Faithfully your obedient servant, 
 
 RoBT. F. Stockton, 
 Commander-in-Chief and Governor of the Territory of 
 California, etc. 
 
 THE ACTION AT SAN PASCUAL. 
 
 Gillespie's party, numbering thirty-nine, reached Kearny on the 
 5th, when he was about forty miles from San Diego, with the first 
 advices of the presence of the enemy in that direction.^i Although 
 after the toilsime overland march the dragoons were pretty well used 
 up, yet the prospect of trying conclusions with the enemy gave them 
 new ardor. Kit Carson and the men from San Diego were skeptical 
 of the valor of the Californians and prophesied that they would not 
 fight. A reconnaissance developed that a force of the enemy was 
 then at the Indian village of San Pascual, about three leagues dis- 
 tant. Owing to the fact that the reconnoitering party had acci- 
 dentally revealed itself to the enemy it was thought advisable to 
 attack and to force a passage to San Diego; It was then after mid- 
 night and the call to horse was at once sounded. The column was 
 arranged in the following order : an advance guard of twelve dra- 
 goons under Captain A. R. Johnston and mounted on the best horses 
 available f^ the General with Lieutenants Emory and Warner, of the 
 Topographical Engineers, and four or five of the men;^^ fifty dra- 
 goons under Captain Moore, nearly all mounted on the tired and stiff 
 
 2iThe volunteer party that accompanied Gillespie consisted of Acting Lieut. 
 Beale, Passed Midshipman Duncan. 10 carbineers from the U. S. S. Con- 
 gress, Capt. Gibson and 25 of the Calif. Battalion of Vols. Stockton's report 
 to Sec. of Navy, 18 Feb., 1848. 
 
 22Captain ABRAHAM R. JOHNSTON, the brave officer who was killed 
 leading the charge against the enemy's lancers, was a relative of Mr. J. M. 
 Guinn, Sec. of the Hist. Soc. of Southern Calif. See Gen. K's letter, infra, 
 for a tribute to Johnston. 
 
 23Lieut. W. H. EMORY, the topographical officer and diarist of the ex- 
 pedition, was brevetted capt. for his gallantry at San Pascual and received 
 subsequent brevets for later achievements. He had a distinguished Army 
 service, rising to be a maj.-gen. of vols, in the Civil War. He retired frorn 
 the Army as brig.-gen. in 1876 and died in 1887. Lieut. W. H. WARNER, 
 the junior topo. officer in the party, also was brevetted for gallantry at San 
 Pascual. As capt. he was killed in 1849 by hostile Indians in the Sierra 
 Nevada. 
 
14 General Stephen W. Kearny and 
 
 mules they had ridden from Santa Fe -^^ about twenty of the CaH- 
 fornia volunteers under Captains Gibson and Gillespie, and followed 
 by a detachment of dragoons under Lieutenant Davidson in charge 
 of two mountain howitzers.^^ The rest of the men, numbering 
 between fifty and sixty, including those from the fleet, were in the 
 rear with Alajor Swords and the baggage train.^s The night was 
 intensely disagreeable on account of the cold and rain, and the 
 clothes of the men were thoroughly soaked. They had covered the 
 nine miles of hilly country before the break of dawn and found 
 themselves at San Pascual in sight of the enemy. Captain Andres 
 Pico, in command of the hostile force, had counted on being able to 
 withdraw to some favorable cover, from which to make a dash at 
 the Americans, whose number he had overestimated, but seeing 
 only a score of horsemen (the advance guard) coming toward him 
 he resolved to make a stand. His men fired a volley and poised 
 their lances to receive the charge of the dragoons. At the dis- 
 charge Captain Johnston fell with a musket-ball in his forehead. 
 A dragoon dropped badly wounded. Then came the clash. In the 
 hand-to-hand encounter, the advance guard soon would have been 
 overwhelmed, had not the main party come into view. Pico's men 
 now turned and fled, pursued by the Americans strung out at uneven 
 distances, owing to the inequalities of their mounts. Those on the 
 fresh horses naturally got far in the lead, while those on the poor 
 mules fell behind. Pico's men, all skillful riders and well mounted, 
 were quick-witted enough to see the vulnerability of the American 
 situation. Deftly turning on their tracks they rushed back to en- 
 gage in detail. The renewed action was brief but bloody. Fire- 
 arms were discarded because empty or rain-soaked. The fight was 
 one of sabre against lance, the Americans on broken-down mules 
 or half-broken horses, the Californians on trained fresh steeds, an 
 unequal contest from every standpoint. Our men fought with great 
 
 24BENJAMIN D. MOORE, who was killed at San Pascual, was born in 
 Ky. He had entered the Navy as a midshipman in 1829; resigned in '33 to 
 become a 1st licut. in the Mounted Rangers, U. S. A., but soon transferred 
 to the 1st Dragoons; reached his captaincy in ^2>7. When Kearny's force 
 took possession of Los Angeles they built a fortification above the city 
 which was named "Fort Moore" in memory of Capt. Moore. 
 
 25Capt. SAMUEL GIBSON was an Oregon immigrant who had partici- 
 pated in the Bear Flag revolt and had come South in Fremont's Calif. Bat. 
 In 1848 he was engaged in mining and was drowned that winter. Lieut. 
 JOHN WYNN D.AVIDSON became a brig.-gen. of vols, in the Civil War, 
 was brevetted maj.-gen. of vols, for gallantry and died in 1881 as col. of 
 the 2d Cavalry. 
 
 26Major THOMAS SWORDS, of the Q.M. Dept.. rose to be one of the 
 best known officers in his dept., receiving the brevet of maj.-gen. for faithful 
 and efficient service during the Civil War. He retired from the Army 
 in 1869 and died in 1886. 
 
The Conquest of California 15 
 
 valor against great odds and in the thick of the melee was the 
 General himself. Few of those in front escaped injury. He re- 
 ceived two ugly wounds from a lance, and might have been killed 
 but for the timely aid of Lieutenant Emory, who put a pistol-ball 
 through the assailant as he was about to make another thrust.^^ 
 For about five minutes, or until the assault had somewhat spent 
 itself, the Californians held their ground, but when they saw the 
 howitzer detachment coming up they fled the field, this time not to 
 return. 
 
 The Americans, left in possession of the battle-ground, were in no 
 condition to pursue, and went into camp. Their casualties, as 
 finally determined, were eighteen killed, nineteen wounded, and one 
 niissing,2S On the enemy's side at least a dozen were wounded, but 
 how many were killed, if any at all, is not known, since testimony 
 varies.2^ Nor is it certain how many prisoners were taken. Kearny 
 in his report says that the Californians just previous to their last 
 retreat "carried off all but six."30 A few days later there was only 
 one prisoner to be exchanged. Pico evidently thought there were 
 more, for he offered to exchange four Americans just captured by 
 him for a like number of Californians.^^ The others may not have 
 fallen into the hands of the Americans, if indeed they were wanted. 
 They might have slipped oflf after the fight and found places of 
 safety in a region that they knew well, before the Americans, who 
 •had their own wounded to look after, had time, even if they had 
 inclination, to search for them. Dr. John S. Griffin, the surgeon of 
 the party, who afterwards became a leading practitioner in Los 
 Angeles, saw one man shot, spoke of "two prisoners," and said, "I 
 think the enemy suffered as much as we did." He says that later 
 he sent to Captain Pico an offer to care for his wounded, but the 
 Captain replied that he had none.^2_ ^s all contemporaneous ac- 
 counts agree that he did have some of his men wounded, Pico's own 
 testimony is unreliable, but for that matter his broken parole had 
 already shown that his word was not to be relied upon. 
 
 The numbers engaged in the fight at San Pascual raises a question 
 as to the accuracy, or freedom from bias, of the historian H. H. 
 
 27Robinson, Army of the U. S., vol. ii, p. 141. 
 
 28Bancro{t, v., p. 346, note 19. 
 
 29/d., p. 347, note 20. 
 
 SOGen. Kearny's report of the affair at San Pascual may be found in 
 Cutts, Conquest of Calif, and New Mexico, p. 199, and in Cooke, Conquest 
 of New Mex. and Calif., p. 256. 
 
 SlThe four men composed Godey's party, which had been sent 6 Dec. 
 to San Diego to procure conveyances for the wounded. Emory .id., pp. 
 109-10. 
 
 ^^Griffin's Doc., MS., 4-5, cited by Bancroft, v., pp. 346, note 19. 
 
16 General Stephen W. Kearny and 
 
 Bancroft, which we shall have occasion to notice also in other con- 
 nections. His monumental services in the preservation of California 
 history are worthy of great praise and gratitude, but we can not 
 on that account always approve his statements or his reasoning. 
 In treating of this matter he grows somewhat abusive toward Gen- 
 eral Kearny for reporting that in this fight the Americans were 
 outnumbered. How far he was justified in thus assailing Kearny's 
 veracity we shall now try to determine. He would like to convey 
 the impression that Kearny had 160 effectives in the fight, instead 
 the eighty claimed by the General.^^ He says that at Santa Maria 
 there were 160, and that, ergo, that number must have been engaged 
 at San Pascual. He overlooks the fact that fifty or sixty of the 
 party w^ere a mile in the rear with the baggage train under the 
 quartermaster, Major Swords, and were never in the action, and 
 that the howitzer detachment came up after the assault and did 
 not get into the action because its appearance had caused the enemy 
 to retire. The number of Americans actually engaged was prob- 
 ably between eighty and ninety, and because of circumstances al- 
 ready noticed, the brunt must have fallen on still less, that is, on the 
 advance guard and main party, who of course were considerably 
 outnumbered. But it is Kearny's statement of the enemy's number 
 that particularly arouses Mr. Bancroft's scorn. Said Kearny in his 
 report: "The enemy proved to be a party of about 160 Californians 
 under Andres Pico." Bancroft calls this a "deliberate misrepre- 
 sentation." If the General's statement was based on belief, even 
 though mistaken, the charge fails. Let us see if the information 
 he had did not justify the representation. The first news of the 
 enemy, gained on the 5th, was that eighty Californians were en- 
 camped anywhere from sixteen to thirty miles away, the informant 
 being so uncertain in his accounts that little dependence was placed 
 on them.34 On the following day came the letter from Stockton, 
 advising that the enemy had increased his number to 150. On the 
 next day (6th) was the battle, which began and was over in a few 
 minutes, with little if any opportunity, even if in the excitement 
 and confusion one thought of taking advantage of it, to secure accu- 
 rate numbers, and of course the fleeing enemy did not wait to be 
 ::ounted. Midshipman Beale, who valorously made his way imme- 
 diately after the fight to San Diego, reported his estimate at 125.3^ 
 Kearny was troubled by his wounds and did not make his report 
 until after his arrival at San Diego, and a week after the battle. 
 Meanwhile information had come to him, through a prisoner taken 
 
 33Bancroft, v., p. 343. 
 
 34/oMrna/ of Capt. A. R. Johnson, p. 614 (printed in the Wash. ed. of 
 Emory's Notes.) 
 
 ^Life of Commodore Robert F. Stockton, Anon., p. 134. 
 
The Canquest of California 17 
 
 by the naval contingent, that Pico's force was 160. That is the 
 number adopted by the General in his report and subsequently re- 
 iterated by him under oath at the court-martial of Fremont.^^ Soon 
 afterward "authentic accounts" were received "that his [Pico's] 
 number was 180 men engaged in the fight, and that 100 additional 
 men were sent from the Pueblo [de los Angeles], who reached his 
 camp on the 7th." This is taken from the official notes of Lieuten- 
 ant Emory, of the Topographical Engineers, whose account of the 
 whole campaign was published by the Government and has always 
 been regarded as reliable authority .^^ Again, as late as March 15, 
 after the final surrender, and after opportunity had been afforded to 
 talk with those on the other side, when figures must have been 
 settled, Emory still spoke of the number as 160.^^ The General 
 therefore must have made his statement upon belief well substan- 
 tiated by the information he had. Bancroft maintains, as a result 
 of the data he has gleaned from native sources, that not over eighty 
 men were pitted against the Americans. Withholding any comment 
 on the reliability of such data, acquired from survivors many years 
 afterwards, in contrast with the apparently well-founded contempo- 
 raneous belief, the charge of deliberate misrepresentation is not only 
 ill-considered but ridiculous and insulting. What is more, even 
 granting that Pico had no more than eighty pitted against Kearny's 
 eighty — or, if you please, his ninety or a hundred — the fact remains 
 that owing to the uncontrollable disposition of the forces in action, 
 enabling the enemy intact to engage our men in detail, they out- 
 numbered them in effect at every stage of the fight until the last, 
 when the howitzer detachment arrived and the enemy as a result fled. 
 Mr. Bancroft further shows his bias in passing judgment on the 
 General in these words : "It is difficult to regard the affair at San 
 Pascual otherwise than as a stupid blunder on the part of Kearny, 
 or to resist the conclusion that the official report of the so-called 
 'victory' was a deliberate misrepresentation of facts. "^^ We have 
 just seen how easily his "conclusion" as to the report of numbers 
 could have been "resisted," had the historian examined his sources 
 with more care. Now let us discuss his arm-chair comments on 
 the sagacity displayed by an experienced and seasoned Army man, of 
 highly rated ability, who was engaged in the invasion of a terra 
 incognita, his force reduced to a mere escort, as a result of the 
 boastful claims of Stockton and Fremont, his men worn out by an 
 unprecedented march over arid desert and trailless hills, and the 
 
 36Fremont's Courtmartial, p. 43. 
 
 37Emory's Notes, p. 112. 
 
 38Letter from Lt. W. H. Emory, U. S. A., to N. Y. Courier and Enquirer, 
 reprinted in Robinson, Army of the U. S., appendix, p. 322. See also Emory's 
 testimony in Fremont's Courtmartial, p. 162, et seq. 
 
18 General Stephen W. Kearny and 
 
 last step in the journey now disputed by an active foe. The his- 
 torian specifies that there was no need to attack Pico; that Pico 
 was not anxious for a fight, but was drawn into it by Kearny's 
 course ; that the Americans in their weakened condition should 
 have gone on to San Diego without risking a contest with the well- 
 mounted Californians, especially on a cold, wet night, when fire- 
 arms were useless. It seems a cruel trick of fate that Kearny could 
 not have had the services of the historian as a scout to advise him 
 that Pico did not want to fight. To learn what the enemy intends 
 to do is the chief concern of every commander. If one could only 
 know what is in the enemy's mind it would so simplify matters ! 
 Not having such information and not being a necromancer, Kearny 
 had to depend on such advices as he could obtain. Commodore 
 Stockton himself had encouraged an attack. "If you see fit," said 
 he, in the letter above quoted, "endeavor to surprise them." Kearny 
 did see fit to try to do so, and for independent reasons. After the 
 long arduous march he did not intend to be cut oflf, if he could help 
 it, within two dciys of his goal. His numbers were too few to be 
 able to resist a formidable attack. His reconnoitering party had 
 revealed his presence in the region. As soon as it became day the 
 enemy would learn his real weakness and fall upon him. While it 
 was still night he must try to cut his way through and by his bold- 
 ness probably disperse the enemy. Any delay would not only jeo- 
 pardize his position, but it would enable the enemy to obtain recruits 
 from the vacqueros in the surrounding country. Says Emory : 
 "We were now on the main road to San Diego, all the by-ways 
 being in the rear, and it was therefore deemed necessary to attack 
 the enemy to force a passage. "^"^ The other officers were consulted 
 and all agreed with Kearny in the necessity of an aggressive move- 
 ment at once. They were not inexpert volunteers, but professional 
 soldiers, some of them being West Pointers and officers of recog- 
 nized ability. In view of all the circumstances surrounding him at 
 the time and the unanimity of opinion among his subordinates the 
 General seems to have pursued a reasonable course. 
 
 Now did Kearny misrepresent in claiming San Pascual as a vic- 
 tory? Bancroft asserts it was not a victory, but a "defeat." But 
 did you ever hear of a defeated party being left in complete posses- 
 sion of the field, the victorious enemy having fled because of the 
 suddenly increased effectiveness of the defeated? A severe blood- 
 letting or the failure to pursue does not spell defeat, else the honors 
 at Gettysburg belonged to the South. Many a hard-fought battle 
 has begun in seeming disaster and ended in complete victory. At 
 San Pascual the Americans never for a moment yielded their 
 
 39Bancroft, v., p. 353. 
 40Emory's Notes, p. 108. 
 
The Conquest of California 19 
 
 ground, however vigorously pressed, and they succeeded in driving 
 off the 'enemy. Obviously then there was every reason to claim a 
 victory, but Commbdore Stockton, who resented Kearny's advent 
 in California, because it diminished his own renown, and whose 
 subsequent quarrel with Kearny increased his bias, took great de- 
 light in referring to the affair at San Pascual, on each and every 
 possible occasion, as a "defeat," sometimes as a "sad defeat," some- 
 times as a "disastrous" one. At the court-martial proceedings of 
 Fremont, after the close of the war. Senator Benton, Fremont's 
 counsel, reiterated it with great gusto. Writers of histories influ- 
 enced by Stockton's lengthy and one-sided accounts of the military 
 operations in California, have accepted the term apparently without 
 question. It has been transmitted through later secondary histories 
 and even Bancroft could not escape the traditional view. That the 
 President and the Senate took a different one is evidenced by their 
 action in giving Kearny a brevet of major-general in recognition of 
 his conduct in the action. 
 
 We have considered at some length the affair at San Pascual, not 
 because it happened to be the bloodiest and most severe contest in 
 the struggle for California, but because of the injustice the historians 
 have done General Kearny. I refer particularly to Bancroft, be- 
 cause his massive and presumably exhaustive work is the chief 
 source of reference for writers of secondary history and special 
 articles on California subjects in magazines and Sunday papers. 
 To correct this injustice, in so far as may be possible, and to warn 
 future writers, is the excuse for the discussion. 
 
 re;sum;ption of the march to san diego. 
 
 Taking up again the thread of our narrative, which we dropped 
 on the battle-field, we note that General Kearny's party remained in 
 camp during the day, to give the sick a chance to recover some 
 strength and to enable the active ones to bury the dead. In conse- 
 quence of the General's wounds Captain H. S. Turner was tempo- 
 rarily in command.^i He dispatched a report of the situation to 
 
 41HENRY SMITH TURNER, born in Va. Cadet, U. S. M. A., 1 Sept., 
 '30; bvt. 2d Lt., 1st Dragoons, 1 July, '34; 2d Lt., 15 Aug., '35; r. adj., 1 June, 
 '36, to 17 Nov., '38, and again, 1 Dec, '41, to 17 June, '46; bvt. capt. a.a.g., 
 17 Nov., '38, to 16 April, '39; capt, 1st Drags., 21 April, '46; bvt. major, 6 
 Dec, '46, for gallant and meritorious conduct in the battles of San Pascual, 
 San Gabriel, and Mesa. Resigned, 21 July, '48. Served as A. D. C. to Gen. 
 Atkinson in '39 ; on professional duty at Cavalry School of Saumar, in 
 France, and assisted in preparation of cavalry tactics for U. S. service. After 
 resigning from Army became a farmer and banker at St. Louis, Mo. Ass't 
 Treas. of U. S. at St. Louis 1850-53; banker at San Francisco, Cal., 1853-7; 
 farmer near St. Louis, 1857-63 ; pres. Union Nat. Bank, St. Louis, 1863. Died 
 16 Dec, 1881. Major Turner, at the time of his death, was one of the 
 foremost citizens of St. Louis. 
 
 O 
 
o 
 
 20 General Stephen W. Kearny and 
 
 Commodore Stockton and suggested that a reinforcement be sent 
 out to meet the party on the route to San Diego. The morning 
 after the battle "dawned on the most tattered and ill-fed detach- 
 ment of men that ever the United States mustered under her colors," 
 to use the words of Lieutenant Emory. "The enemy's pickets and 
 a portion of his force were seen in front. The sick, by the indefat- 
 igable exertions of Dr. Griffin, were doing well, and the General 
 enabled to mount his horse. The order to march was given, and 
 we moved off to offer the enemy battle, accompanied by our 
 wounded, and the whole of our packs. . , . The General re- 
 sumed the command, placing Captain Turner in command of the 
 remnant of dragoons."^ While the column was moving along 
 slowly, after having made but nine miles, the enemy suddenly ap- 
 peared again, charging furiously from the rear. About forty of his 
 number rushed ahead and occupied a hill that must be passed, the 
 remainder stayed behind to cut off a possible retreat. General 
 Kearny ordered a half dozen of his foremost men to clear the hill. 
 This they did in a lively skirmish, without receiving a scratch. It 
 was evident that. Pico intended to harass the incumbered Americans 
 by disputing every pass on their route, a course comparatively easy 
 becouse of his superior mounts. The skirmish had resulted in the 
 loss of the cattle which were being driven along for subsistence, and 
 further marching might mean the loss of the ambulance with the 
 sick, as well as the baggage. The General therefore decided to rest 
 at this point, which seemed to be a strong position, and later cut 
 his way to San Diego. But on the following day the wounded were 
 still in bad shape, and the watchful enemy, now in greater numbei, 
 was ready to dispute all the passes leading to San Diego, thirty 
 miles away. A further delay seemed inevitable. As it turned out, 
 the Americans remained in the camp four days. For food they 
 were reduced to mule-flesh, but they were able to get water by 
 boring holes. On the last day they were in such desperate straits 
 that they began to destroy all but their most needful property in 
 preparation for another start. That night when their spirits were 
 heaviest, they were suddenly gladdened by the arrival of two hun- 
 dred sailors and marines, who had come to their relief. Confronted 
 by this efficient force the enemy retired to the north and the Ameri- 
 cans without molestation made their way to San Diego. 
 
 It is not within the scope of this paper to give a complete narra- 
 time of General Kearny's movements in California. We are con- 
 cerned with only so much of it as may be necessary to indicate his 
 military policy, to show the large part he had in the real conquest 
 of the country, and to justify his position in the dispute that he 
 subsequently had with Stockton and Fremont over the chief control 
 
 42Emory's Notes, p. 109. 
 
 
 
The Conquest of California 21 
 
 of affairs. So far, we have gone into detail simply to elicit the facts 
 from which wrong conclusions had been drawn. We have tried to 
 bring out in our examination of them that General Kearny's im- 
 periled condition was due not to his own fault, but to the misleading 
 information from Stockton and Fremont, which had induced him to 
 leave the greater part of his force in New Mexico ; that in the face 
 of extraordinary difficulties he pursued the wisest course open to 
 him, so far as it was possible to estimate the situation; that in the 
 affair at San Pascual he not only distinguished himself by his valor 
 but wrought a victory out of what promised to be a defeat, and, 
 finally, that historians have given him less than his full share of 
 credit. 
 
 With the General and his battered-up dragoons now in San Diego 
 recovering from their wounds and fatigue before being called upon 
 to undertake the next step in the subjugation of California, we may 
 digress a moment to read an interesting account, from Kearny's 
 own pen, of the experiences just passed through, of the condition of 
 affairs on the Coast as he found them a week after his arrival, and 
 an outline of what he intended to do. The document, a letter to his 
 wife, has recently become available historically, through the gen- 
 erosity of Henry S. Kearny, Esq., a son of the General. By cour- 
 tesy of the Missouri Historical Society, the custodian, it is now for 
 the first time made public : 
 
 [letter from gen. S. W. KEARNY TO HIS WIEE, AT ST. LOUIS, MO.]^ 
 
 San Diego, Upper California, 
 
 Decemb. 19, 1846. 
 My dear Mary, 
 
 I have been here one week— have been anxious to write to you, but no 
 means of sending. In two days Maj. Swords will leave for the Sandwich 
 Islands to get provisions, & I must write by him, hoping that he may find 
 there some vessel about starting for the U. States. 
 
 I know my dear wife that you may be uneasy about me, separated as 
 
 43MRS KEARNY, wife of the General, was Mary Radford, a step- 
 daughter of Gov. Wm. Clark, of Lewis and Clark fame. The Clark home 
 was at St Louis, and there the General's family usually stayed when they 
 could not convenientlv be with him. The General himself regarded the city 
 as his home and ended his days there. The following items of interest 
 about members of the family and personal friends mentioned m the above 
 letter have been obtained from the General's son-in-law, Mr. Western Bas- 
 come for many years British Vice-consul at St. Louis, as well as a leading 
 insurance man, and from Major Wm. Clark Kennerly of St^ Louis a cousm 
 of Mrs Kearny, himself a veteran of the Mexican War and one of the few 
 survivors of Doniphan's Expedition. The "John" referred to was JOHN 
 RADFORD, a brother of Mrs. K. "Sophie" was his wife She was a 
 daughter of Col. Pierre Menard, lieut-gov. of Illinois. John and Sophie were 
 married in 1842 and went to hve in a double log-cabin that he built for her 
 on a farm known as "Hardscramble," located on the Clark Tract, near St. 
 
22 General Stephen W. Kearny and 
 
 we are so far from each other. Let me therefore in the first place tell 
 you that I am moving about as if nothing had happened to me, that my 
 appetite is perfectly good, & that I feel but very little inconvenience from 
 my wounds. They are healing up much faster than I could have expected, 
 & in one week more I think I shall be perfectly & entirely recovered. As 
 a good christian you will unite with me in thanks to our God, who directs 
 all things, that he has preserved me thro' the perils & dangers that sur- 
 rounded me. 
 
 I have written a report to the Adjt Gen'l of our action of the 6th De- 
 cemb. probably that may be published in the papers, when you will see it. 
 In the meantime I have to tell you that on the 6th at daybreak with about 
 80 men we attacked a party of 160 Mexicans, which we defeated after an 
 hour's fighting, & drove them from the field. This was at San Pasqual & 
 about 40 miles from this place. We gained a victory over the enemy, but 
 paid most dearly for it. Capts. Moore & Johnston, & Lieut. Hammond, 
 with 2 Sergts, 2 Corpls & 10 Privs. of Dragoons were killed— about 16 of 
 us were wounded, myself in two places in the left side by lances, one of 
 which bled very freely, which was of advantage to me. The loss of our 
 killed is deeply felt by all, particularly by myself, who very much miss my 
 aid Johnston, who was a most excellent and talented soldier, & Capt. 
 Moore, who dispayed great courage & chivalry in the fight, as did Lieut. 
 Hammond. Capt Turner is now with me — he is perfectly well — was not 
 wounded, but had his jacket, tho' not his skin, torn. Lieut .Warner of the 
 Topo. Engs. received three wounds, but is now nearly well. Mr. Robideaux, 
 my interpreter, is wounded but is recovering. Poor Johnston's loss will be 
 
 Louis. She died not long afterward. "Col. Brant" was Lt.-Col. JOSHUA 
 BRANT, a veteran of the War of 1812, whose service was chiefly in the 
 Q. M. Dept. He resigned from the Army in 1839 and became a resident of 
 St. Louis. "Major Stewart" was A. D. STEUART, of the Paymaster's 
 Dept., who served through the Civil War, reached the grade of It. -col. and 
 died in 1867. His \vife was a Miss Bullitt, of Kentucy. When he married 
 her she was the widow of Gen. Atkinson. "Phil," a nephew, was of course 
 the celebrated PHIL KEARNY, who became a major-gen. in the Civil 
 War and was killed at Chantilly, Va., in 1862. Phil married Miss "Di" 
 (Diana) Bullitt, of Ky., a famous beauty, and a sister of Mrs. Steuart. Mrs. 
 HUNT was a daughter of Judge J. B. C. Lucas, of St. Louis, and was mar- 
 ried first to Col. Thos. Hunt, U. S. A., who died at old Cantonment Belle- 
 fontaine, near the junction of the Mississippi and Missouri Rivers. Her 
 second marriage was to his brother, Wilson P. Hunt, best known as the 
 leader of the historic Astoria Expedition. Her daughter became the wife 
 of Major H. S. Turner {q. v., note 41, supra). Bishop HAWKES was the 
 Protestant Episcopal bishop at St. Louis. General Kearny had nine children. 
 WILLIAM, the eldest, went to live in the South and served in the Confed- 
 erate Army as inspector general. CHARLES lived in St. Joseph. Mo., and 
 died about 1904. HARRIET married George Collier, Jr., of St. Louis, and 
 died in Paris during the Civil War. MARY ("Mit") became the wife of 
 Daniel Cobb, of Barnstable. Mass., who was in business in New Orleans, St. 
 Louis, and Louisville. LOLTISA ("Lou") married Wm. Mason, a lawyer 
 in St. Louis. ELLEN ("Puddy") is Mrs. Western Bascome, of St. Louis. 
 CLARENCE died in East Los Angeles, Calif., in 1887, leaving a widow and 
 
The Conquest of California 
 
 23 
 
 felt by many & perhaps not least by Miss Cotheal, a sister of Mrs. Maj. 
 Swords, to whom he was engaged. I have now my dear wife given you some 
 items so that your own mind may be easy. Do not think that I am worse 
 than I represent myself, for it is not so. I expect in less than a week to be 
 on my horse & as active as I ever was. 
 
 Your brother William I learn is quite well— he is on the Warren & in 
 the Bay of San Francisco, about a week's sail from here. I hope to see 
 him ere long. He will not be able to get back to the U. S. before next 
 summer. Commodore Stockton is at this place with 3 of his ships & has 
 4 or 500 of his Sailors & Marines here in Town to garrison it. Among 
 them are many very clever fellows, & some messmates of William's, who 
 lately left the Warren & from whom I have heard of him. 
 
 We had a very long & tiresome march of it from Santa Fe. We came 
 down the Del Norte 230 miles — then to the River Gila (pronounced Hela) 
 g & i in Spanish sounding like h & e in English. We marched 500 miles 
 down that River, having most of the way a bridle path, but over a very 
 rough and barren country. It surprised me to see so much land that can 
 never be of any use to man or beast. We traveled many days without see- 
 ing a spear of grass, & no vegetation excepting a species of Fremontia, & 
 the Musqueet tree, something like our thorn, & which our mules eat, thorns 
 & branches to keep them alive. After crossine the Colorado & getting 
 about 100 miles this side of it, the country improved, & about here is well 
 enough, tho' having but very little timber & but few running streams — 
 
 son, who now reside in San Francisco. "The youngest" (at that time) was 
 HENRY S., who now lives at Lakewood, N. J., and has an office in New 
 York City. STEPHEN was born in 1848, subsequent to the date of the 
 letter, and only a week before his father died, whom he never saw. S. 
 died at St. Louis in 1895. NOBLE and MILLY were slaves belonging to 
 the family. From other sources are obtained the following items : AN- 
 TOINE ROBIDOUX was a native of St. Louis, who had lived IS years in 
 Mexican provinces and married a Mex. wife. He came with Gen. K. as 
 interpreter; went East in '47; returned to Calif, in '49, remaining till '54. 
 From about '56 he lived at St. Joseph, Mo., (which was founded by his 
 brother), where he died in '60, aged 66. He was a brother of Louis Robi- 
 doux, who came to Calif, in '44, and became a prominent ranchero at San 
 Bernardino. THOMAS C. HAMMOND, the young lieut. killed at San 
 Pascual, was a native of Pa. and a graduate of the U. S. M. A. in the Class 
 of '42. WILLIAM RADFORD, a brother of Mrs. Kearny, was a Virginian. 
 He reached the grade of rear-admiral in '66; retired from the Navy in '70, 
 and died in 1890. Capt. PHILIP ST. GEORGE COOKE was one of the 
 shining literary lights in the Army as well as a highly efficient officer. At 
 the outbreak of the Civil War he was col. of the 2d Cavalry and at its 
 close a brig.-gen. He had rec'd a brevet for his arduous service in bringing 
 the Mormon Battalion to Calif, in '47. He retired in '73 and died in '95. 
 Lieut. ANDREW JACKSON SMITH became a maj .-gen. of vols., in the 
 Civil War and one of the distinguished commanders. He resigned in '69 
 and died in '97. Major E. V. SUMNER also became a maj.-gen. of vols, 
 in the Civil War. He died in '63. Lieut. JOHN LOVE resigned from the 
 Army as bvt. capt. in '53. During a part of the Civil War he was a maj.- 
 gen. in the Indiana leg'n of militia. He died in '81. 
 
24 General Stephen W. Kearny and 
 
 the climate is very dry & tho' this is the rainy season of the year, yet we 
 have more clouds to threaten us, than rain to fall upon us — there is no cer- 
 tainty of a crop in this part of the world, unless the land is irrigated from 
 running streams. 
 
 Lieut Col Fremont is still in California, & we are daily expecting to 
 hear from him. He went up the Coast to raise Volunteers, from the Emi- 
 grants from Missouri, to attack the Californians. 700 of whom are now said 
 to be in Arms about 100 miles from here. Fremont, it is supposed, is not 
 far from there — if he has not force enough, it is expected that he will 
 send word to us. I have not heard of Capt. Cooke & the Mormons, tho' 
 hope to see them here in less than a month. I am also ianorant where the 
 Volunteers & the Artillery from New York are, or when to expect them. 
 The great difficulty of getting information here renders it necessary that 
 all our plans should be well considered before attempting to put them in 
 execution. When I get the Volunteers into the Country, I can drive the 
 enemy out of it with ease, tho' at present they have the advantage of us, 
 as they are admirably mounted & the very best riders in the world — hardly 
 one that is not fit for the Circus. This is a great Country for cattle & 
 horses, very many of both run wild & are never caught except when wanted 
 for beef or to be broken — a fine mare is worth about $2. — an unbroken 
 horse 5 — a broken one 10 — so you see that flesh is cheap. 
 
 If you have any curiosity to know where San Diego is, you will find it 
 on the maps in lat 33° on the Pacific & not far from the lower end of 
 Upper California. We have the ocean in sight, & hear the rolling waves 
 which sound like rumbling thunder. We have abundance of fine fish, fur- 
 nished us by the Navy, who each day catch enough in their nets to supply 
 all. In 6 days we shall have Christmas & a week after that a New Year. 
 May we all live my dear Mary to be re-united before the year is past. You 
 must take good care of yourself & all our little ones, so that when I re- 
 turn our numbers will be complete. I have not heard from you since your 
 letter to me of the 19th August (4 months since). I suppose Lieut. Smith 
 may have a letter & mail for me, & that he may be coming with Capt. 
 Cooke, who I sent back on the 6th Octob. to command the Mormons, as soon 
 as I heard of the death of my friend Capt Allen. What great changes have 
 taken place in the Regt [1st U. S. Dragoons], within the last 6 months! 
 Phil has been for years sighing for a Captaincy. He is now entitled to 
 Compy B which was poor Johnston's, who succeeded Sumner. Lieut. Love 
 went to recruiting. Johnston was killed before Capt Moore, & thus Phil 
 was entitled to first vacancy. Say nothing of this, except to Phil himself. 
 My regards to Major & Mrs. Stewart— also to Mrs. Hunt and my friend 
 Bishop Hawkes & wife. I wish I were with you now to pass at least the 
 Christmas Holydays. But as that is impossible, I must endeavor to control 
 myself in thinking the more of you & the children. Kiss all my dear little 
 ones for me. I hope William & Charles are learning fast. Harriet, I am 
 certain, is improving & Mit & Lou. no doubt also. Puddv. Clarence, & 
 the youngest must occupy your time. I hope that you have some good 
 
The Conquest of California 25 
 
 woman in your nursery to take care of them. Take care of yourself & the 
 young ones. Regards to John & Sophie. I hope they like their farm near 
 Saint Louis. I wonder how you get on in the management of business, & 
 in your money affairs. I will be able in a month or two to send you some 
 more pay accounts. I have remaining from what I brought from Fort Leav- 
 enworth, enough to carry me thro' this month, having paid for everything 
 I have got since I left there. Should Mr. Kennerly or others pay you, so 
 that you have more than you want for use, put it out at 10 per cent for not 
 less than 3, nor more than 5 years. Consult Patterson or Col Brant, & 
 let either of them attend to the business for you. Love again to you & 
 the children. Yours ever most truly, 
 
 S. W. K. 
 Remember me to Noble, Milly & the Servants — tell Noble I have my 
 grey mule which I brought from Leavenworth. My bay horse gave out & 
 I left him this side of the Colorado. 
 
 ths second or actual conquest. 
 
 General Kearny had come to California with orders from the 
 President to take possession of the territory and as a sequel thereto 
 to organize a civil government. On his arrival he found the 
 country, with the exception of the few sea-ports, still in possession 
 of the inhabitants. Under his instructions it became his duty to 
 establish the supremacy of the United States. Prior to his arrival 
 Commodore Stockton, who had been acting as commander-in-chief 
 and governor, being the senior American officer on the Coast, had 
 taken a superficial possession of California, but not only had he 
 lost the greater part of it, but the task of reconquering thq people 
 was now made harder than if he had done nothing. General Kearny 
 exhibited to the Commodore his instructions, with the expectation, 
 no doubt, of succeeding him at once in the chief command. The 
 Commodore had no instructions other than those that had come to 
 his predecessor. Commodore Sloat, and these did not go so far as 
 to authorize a land movement by the Naval forces. Nevertheless, 
 Commodore Stockton declined to turn over the chief command of 
 the land forces or the position of governor. He was ambitious to 
 be considered the conqueror of the country and he found an excuse 
 to hang on. General Kearny, thus prevented from carrying out 
 his orders, for he had but a handful of his own troops to back up 
 his authority, against several hundred naval m.en at the command 
 of Stockton, was in a very awkward situation. Until the arrival 
 of other land forces, who would report to him, he was powerless. 
 Making the best of the matter, therefore, he deferred asserting his 
 rights, and, as gracefully as he could, tried to avoid friction with 
 the naval officer. Although the Commodore was unwilling to re- 
 sign the chief control of affairs he did offer to give the General sub- 
 
26 General Stephen W. Kearny and 
 
 ordinate command of the troops. This was decHned for cogent 
 reasons, among them probably that it might seem to be a waiver of 
 rights conferred in specific orders. Any land movement that might 
 have to be undertaken the General would naturally want to direct, 
 but before such a movement became necessary the, additional troops 
 might arrive and enable him to carry out his instructions. As we 
 learn from his letter it was the supposition at San Diego that the 
 first blow at the enemy, then gathered about Los Angeles, would 
 soon be struck by Fremont's battalion, which had been coming down 
 the Coast, and news of an engagement was momentarily expected. 
 The letter indicates that as late as December 19 there was no im- 
 pending movement from San Diego, and that unless Fremont should 
 call for support no advance was contemplated for the present. 
 Three days later, however, we learn from letters that passed between 
 them, that Stockton discussed with Kearny the propriety of taking a 
 force from San Diego as far at least as San Luis Rey, on the route 
 to Los Angeles, in order to be able more conveniently to cooperate 
 with Fremont, if called upon, or to cut off a possible retreat of the 
 enemy should Fremont defeat but not pursue him. If, on the other 
 hand, the support were not needed, the troops could return to San 
 Diego without having to make a long march. The General, in an 
 opinion he wrote after the interview, advised a march not merely 
 to San Luis Rey, but all the way to Los Angeles (inferentially with- 
 out waiting to hear from Fremont), for the purpose of joining with 
 him at once or creating a diversion in his favor. He said, in his 
 letter to Stockton : "If you can take from here a sufficient force" 
 for the purpose named, "I advise that you do so. . . . I do not 
 think that Lt.-Col. Fremont should be left unsupported to fight a 
 battle upon which the fate of California may for a long time de- 
 pend." This advice the Commodore resented as being gratuitous 
 and merely reflective of the course he himself had proposed, and 
 also, (without seeing the inconsistency) because it would leave the 
 base at San Diego unprotected. The General, in a polite reply, 
 disclaiming any intention to advise a movement that would jeopar- 
 dize the safety of the garrison or the ships in the harbor, said 
 further: "My letter of yesterday's date stated that, 'If you can 
 take from here,' &c., &c., of which you were the judge, & of which 
 I knew nothing."^ This preliminary skirmish in a controversy that 
 later became bitter is cited merely to show that Stockton's letter to 
 Kearny does not substantiate his subsequent claim to have been the 
 first to suggest an unconditional movement all the way to Los An- 
 genes to join Fremont. His plan, as we have seen, was to march 
 only as far as San Luis Rey, a continuation to Los Angeles being 
 contingent upon a call from Fremont. Kearny's plan was the one 
 
 44Fremont's Conrtmartial. pp. 111-2. 
 
The Conquest of California 27 
 
 actually followed. They did not wait to hear from Fremont, and 
 he never sent any word. As a matter of fact, they got to Los 
 Angeles before he did, and fought the battle that was expected 
 would fall to him. 
 
 A decision to advance having been arrived at by the Commodore, 
 preparations began forthwith. Practically all the available troops, 
 consisting of about sixty unmounted dragoons under Captain Tur- 
 ner, fifty California volunteers, and over four hundred sailors and 
 marines with six pieces of artillery, were chosen to go. General 
 Kearny reconsidered his declination to take charge of the troops, 
 realizing probably that in the face of what might prove to be a 
 serious campaign, requiring the exercise of military skill, it was his 
 duty as an experienced army man to give his services and to put 
 aside temporarily the question of rank. The Commodore acqui- 
 esced, but announced to the officers that while the General would 
 be in command of the troops, he himself would go along as "com- 
 mander-in-chief." The General let him feel that way about it, but 
 I daresay he expected from the Commodore little if any interfer- 
 ence with his own conduct of the movement. His orders from 
 Washington directed him to cooperate with the naval forces, and 
 he would do the best he could to avoid friction. His course bears 
 out this interpretation, for while the "commander-in-chief" did 
 issue a few orders and occasionally take a personal hand in affairs, 
 the General in reality gave the important directions. Lieutenant 
 Emory, who acted as the assistant adjutant-general in this cam- 
 paign, subsequently wrote: "No order of any moment was given, 
 either in the fight of the 8th or the 9th, which was not given by 
 General Kearny in person, or through the undersigned, as his acting 
 assistant adjutant-general. General Kearny commanded in both 
 battles."45 
 
 The troops marched out of San Diego on December 29. Prog- 
 ress was slow, due to the poor condition of the animals and the 
 difficulty in getting the clumsy carretas, loaded with ammunition 
 and provisions, through the deep sand and over the rough hills. 
 On January 8, at the crossing of the San Gabriel River, the enemy 
 was waiting to receive them. General Flores, self-styled governor, 
 since the abdication of Pico, was in command. He had posted five 
 hundred men on a bluff some six or eight hundred yards back from 
 the river and two of his cannon opposite the ford. On the flanks 
 were squadrons of cavalry under Andres Pico, Manuel Garfias, and 
 Jose Antonio Carrillo. The Americans moved across in the form 
 of a square, the front covered by a strong party of skirmishers, 
 the rear by a company of carbineers, the flanks with the remainder 
 
 45See cit. note 38. 
 
28 General Stephen W. Kearny and 
 
 of the command. The cattle and wagon train were placed in the 
 center of this formation, which was dubbed by the sailors a "Yankee 
 corral." The artillery was at the four angles. This order of 
 march was adopted as the best means of repelling the enemy's 
 cavalry and became the habitual formation when in the presence 
 of the enemy. The Americans had no cavalry, the dragoons being 
 unmounted, and one of the enemy's tricks was to try to run off the 
 cattle by sudden charges. As the square moved across the ford, 
 the enemy opened fire. The Americans continued to advance, wading 
 through the shallow water, and pulling along the guns. When 
 they had gained the opposite bank they opened up with their artil- 
 lery, providing a cover under wdiich the wagons and cattle were 
 gotten across, although with some difificulty because of quicksands. 
 Charges by the enemy on the rear and the left flank were success- 
 fully met. Meanwhile a lively cannonading was in progress on 
 both sides, but the enemy's powder, made at San Gabriel, was noth- 
 ing to brag of. In an hour and a half all had crossed, the opposing 
 artillery silenced, and the bluff captured. The enemy retreated in 
 the direction of Los Angeles, but the Americans having no means 
 of pursuit went into camp. 
 
 The next day (9th) the advance was resumed, the column moving 
 across the open plain or mesa between the San Gabriel and Los 
 Angeles Rivers.^ At the end of five or six miles the enemy's line 
 was discovered to the right in a favorable position. The Americans 
 deflected to the left, and when abreast of the enemy were fired upon 
 by artillery at long range. An artillery duel ensued, continuing 
 for several hours as the army advanced in its habitual square. One 
 or two cavalry charges were repulsed with some slight loss on both 
 sides. Finally the Californians withdrew, carrying ofif their dead 
 and -wounded. A renewal of the attack was expected, but the next 
 morning (10th) a flag of truce was brought in by residents of Los 
 Angeles, who said no resistance would be offered to the entry of the 
 Am.ericans into the city. In return the citizens were guaranteed 
 full protection. The army accordingly marched in, but not without 
 observing due precaution against treachery, for Governor Flores 
 had already broken faith in breaking his parole given at the time 
 of the first occupation. Barring a few minor disturbances, the re- 
 occupation of the town was accompanied with no disorder. 
 
 The American flag was once again raised at Los Angeles, this 
 time not to be lowered. Speculation regarding the whereabouts 
 of Flores and Fremont caused some excitement and many rumors. 
 
 46The Rio Los Angeles is designated in the reports as the Rio San Fer- 
 nando. (Emory, p. 120). The official records and some histories err in 
 speaking of the Action of the Mesa as that of "The Plains of the Mesa," 
 an absurd phraseology. 
 
The Conquest of California 29 
 
 Flores, who fled north, should be meeting Fremont coming south. 
 It turned out, however, that Flores, who probably expected no 
 mercy from Stockton or Kearny, each of whom had threatened to 
 have him shot if captured, because of his broken parole, decided 
 to abdicate the command of his shattered forces to Andres Pico and 
 betake himself to Mexico. For similar reasons Pico found it in- 
 convenient to capitulate to the Commodore or the General, and 
 resolved to see what he could do with Fremont, who he discovered 
 was then approaching Los Angeles via Cahuenga Pass. Fremont 
 was not averse to receiving a surrender which might tend to en- 
 hance his reputation. Without for a moment questioning his own 
 authority he jumped at the offer and granted decidedly, favorable 
 terms, thereby increasing his popularity with the people of the 
 country. Stockton and Kearny were somewhat vexed at his as- 
 sumption of authority, but they decided to ratify his act rather than 
 stir up a hornet's nest. So ended all hostilities between the Cali- 
 fornians and the Americans, and none remained excepting between 
 the leaders on the victorious side. This phase will require but 
 brief discussion, for the matter is fairly treated elsewhere, and the 
 issues involved were adjudicated officially and are matters of public 
 record. 
 
 TH]e STOCKTON-KEARNY CONTROVERSY. 
 
 We have already touched on the beginning of the controversy be- 
 tween Commodore Stockton and General Kearny over the governor- 
 ship and chief military command. The Commodore without any 
 specific orders from Washington, but resting on the implied author- 
 ity inherent in the head of a conquering force had assumed the mili- 
 tary command and proclaimed himself governor. He declined to 
 acknowledge the right of General Kearny to displace him. Gen- 
 eral Kearny's instructions were that he should endeavor to gain pos- 
 session of California for the United States, and that, should he 
 conquer and take possession of it, he was to establish a temporary 
 civil government therein ; further that such troops as might be 
 organized in California, as well as those sent there, were to be under 
 his command.^'' Stockton contended that Kearny's right to estab- 
 lish a government was contingent upon his conquering the country, 
 and that inasmuch as the country had been conquered by Stockton 
 before Kearny's arrival, the instructions to him had become obso- 
 lete. This was an ingenious interpretation of Kearny's orders in 
 support of Stockton's position, but it was inconsistent with the fact 
 that the country was not in reality conquered prior to Kearny's 
 arrival. The first "conquest" so-called, was specious and super- 
 
 47Calif. and New Mex. Mess, and Docs., 1850, pp. 236 and 240. 
 
30 General Ste-phen W. Kearny and 
 
 ficial. But for the folly of Stockton and Fremont it might have 
 become permanent. As it turned out, the first real fighting took 
 place after Kearny's arrival, and the final, actual conquest was 
 made practically under his leadership. The final and only impor- 
 tant campaign against the enemy was in a sense conducted under 
 a joint leadership, as we have seen, but in their respective official 
 reports, the one to the Secretary of War, the other to the Secretary of 
 the Navy, each claimed to have been in command. Technically, 
 perhaps, the Commodore was the nominal commander-in-chief, but 
 the General was in actual command of the troops, and the one to 
 whom credit was due for the skillful management of the movement. 
 One or two incidents are reported in which Stockton blusteringly 
 issued direct commands in conflict with Kearny's orders, but these 
 were of a minor character, such as ordering the guns to be limbered 
 again before crossing the river, after Kearny had had them un- 
 limbered. Even Bancroft, who adopts Stockton's report as a basis 
 for his narrative, admits that in this instance Kearny's was the more 
 prudent course. It stands to reason that Kearny, who was a land- 
 fighter, was more competent to direct a land movement than Stock- 
 ton, who was a sea-fighter. It also seems highly probable, from 
 what is known of Kearny's determined character, that he did not 
 take very seriously Stockton's pretensions as "commander-in-chief." 
 We can believe that out of courtesy he did not shut his ears to any 
 words that Stockton may have uttered, but when it came to action 
 there can be little doubt that he followed his own course. On this 
 point General Kearny in his testimony at the court-martial of Fre- 
 mont had this to say : "On the march I at no time considered Com- 
 modore Stockton under my directions ; nor did I at any time con- 
 sider 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 colonel. Although I did not consider myself at any 
 time, or under any circumstances, under the orders of Commodore 
 Stockton, yet, as so large a portion of my command was of sailors 
 and marines, I felt it my duty on all important subjects to consult 
 his wishes ; and so far as I consistently could do so to comply with 
 them. He was considered by me as the commander-in-chief in Cali- 
 fornia until he had of his own accord, on the 29th of December, 
 turned over a portion of that command to me."'*^ We have already 
 quoted a statement of Lieutenant Emory, who acted as assistair 
 adjutant-general in the movement, to the effect that all the orders 
 of moment were given by Kearny.'*^ Bancroft, with characteristic 
 perversity, entitles his chapter covering the final movement, "The 
 Conquest Completed by Stockton and Fremont." Although he has 
 
 48Fremont's Courtmartial, p. 117. 
 49See no^e 38. 
 
The Conquest of California 31 
 
 followed Stockton's report, rather than Kearny's, in sketching his 
 account, he himself admits that Stockton was vainglorious, inaccu- 
 rate, given to exaggeration, and even untruthful. Says he: "No 
 v/icnesses support Stockton's account of the final scenes of the fight 
 [on the 8th], reopening of the artillery fire, etc., and I have no 
 doubt they are purely imaginative."^*^ Stockton as the nominal 
 commander-in-chief, even though not the directing head, may have 
 been entitled to some of the glory, but to include Fremont, who did 
 not take part in a single battle or skirmish in California, and to 
 exclude from the caption General Kearny, who bore the brunt of the 
 fighting and was in command of the troops in every one of the three 
 serious engagements, is hard to understand. Now listen further to 
 Mr. Bancroft: "Stockton was beyond comparison an abler and 
 more honorable man than Fremont, yet his reputation as 'conqueror' 
 of California — notwithstanding his energetic and praiseworthy sur- 
 mounting of obstacles that but for his folly would not have ex- 
 isted — is as unmerited, though not so fraudulent, as that of the 'path- 
 finder' "^'^ "Fremont," he says, "did more than any other to prevent 
 or retard the conquest of California, yet his fame as 'conqueror' is 
 the corner-stone of his greatness. "^^ Qf Kearny he says, after tak- 
 ing him to task for San Pascual (with how much justice we have 
 seen), his course otherwise in California "was consistent and digni- 
 fied in the midst of difficult circumstances, and his military record 
 throughout his whole career was an honorable one, the violent 
 tirades of Benton and other partisans of Stockton and Fremont 
 being for the most part without foundation in justice."^^ If we did 
 not know that the work of Bancroft was the product of a division 
 of labor among subordinates, and not always harmonized, we should 
 wonder if the historian had not had a multiple personality. 
 
 Fremont's mutinous conduct. 
 
 The conquest having been completed and celebrated by rhetorical 
 proclamations and addresses from the pen of the gifted Commodore, 
 Lieutenant-Colonel Fremont, carefully balancing his own interest 
 at the hands of that potentate and of General Kearny, decided that 
 while mere military convention might require him to report to his 
 superior in the Army, yet there was more in it for him, and a fairly 
 plausible excuse, to submit to the Naval officer, who had promised 
 to bequeath him the governorship. The result of his decision he 
 conveyed to the General in a short note. The General sent for him 
 and in a kind though earnest manner advised him, as a friend and 
 
 SOBancroft, v., p. 394, note 11. 
 5i7rf., p. 735. 
 52Bancroft, iii, p. 749. 
 53Bancroft, iv., p. 697. 
 
32 General Stephen W. Kearny and 
 
 senior officer, to destroy the letter, offering to forget its contents. 
 The young officer declined to reconsider his action, even when the 
 General implied a willingness to make him governor in four or six 
 weeks, on his own departure.^^. 
 
 As Stockton and Fremont continued to ignore Kearny's authority 
 and instructions, and as the latter lacked troops with which to 
 enforce his orders, he merely protested against the organization of 
 a civil government by Stockton, and warned him in these words : 
 "As I am prepared to carry out the President's instructions to me, 
 which you oppose, I must for the purpose of preventing collision 
 between us & 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, & preventing me from com- 
 plying with the President's orders."°^ 
 
 General Kearny, with his dragoons, thereupon left Los Angeles 
 and returned to San Diego. There the Battalion of Mormon In- 
 fantry, over three hundred strong, under Lieut-Colonel P. St. G. 
 Cooke, reported to him a few days later (Jan. 29). Leaving these 
 troops in the South the General embarked for Monterey, where he 
 found Captain Tompkins and his company of regular artillery, with 
 a large supply of guns, ammunition, entrenching tools, etc., waiting 
 to report to him.^^ What was even more gratifying to him Commo- 
 dore Shubrick had arrived, with orders to succeed Stockton in 
 command of the Pacific Squadron, and unhesitatingly recognized 
 Kearny's authority. The General was now in a position successfully 
 to assert his authority and he set about to organize a civil govern- 
 ment, fixing upon Monterey as the capital. On March 1 he as- 
 sumed the governorship and entered upon his duties. 
 
 Meanwhile, at Los Angeles, Commodore Stockton had issued 
 (Jan. 16) a commission to Fremont as governor. For the ensuing 
 month or so Fremont claimed to be exercising the duties of the 
 office, but as his sphere of influence did not extend much beyond 
 the limits of the town of Los Angeles in that early day, they were 
 not very onerous. From General Kearny he received an order to 
 report to him at once at Monterey, bringing along those of his 
 volunteers who declined to remain in the service and who wished 
 their discharge, and also to deliver all public documents in his con- 
 trol pertaining to the government of California. After taking his 
 time about it and making various excuses, meanwhile having re- 
 
 54Fremont's Courtmartial, pp. 38-9, 76, 78-81, 87, 91-2, 101. 252-3, 380-96, 
 excerpts of which may be found in Bancroft, v., p. 427, note 23. 
 
 SSpremont's Coiirttnartial. pp. 79-80. 
 
 56With this company of artillery were Lients. W. T. Sherman, O. C. Orfl, 
 and H. W. Halleck, all of whom became famous generals in the Civil War 
 
• «-i-^ » 
 
The Conquest of California 33 
 
 ceived later orders to the same effect, he reluctantly came to Mon- 
 terey, but instead of rendering obedience at once to the General, 
 tried to parley with him, his manner being far from respectful. The 
 General asked him point-blank if he intended to obey orders, telling 
 him to take an hour, or a day, to think it over. Fremont retired 
 for meditation. Realizing, very likely, that his absurd pretensions 
 would not be supported at Washington, he returned in about an 
 hour and gave an affirmative answer. 
 
 Fremont's court-martial. 
 
 Governor Kearny had secured permission, before he left the East, 
 to return as soon as peace and quiet should reign in California and 
 his instructions from Washington had been carried out. After 
 seeing the civil government organized and in good working order, 
 he turned over the governorship to Colonel Richard B. Mason, who 
 had succeeded him in the command of the 1st U. S. Dragoons, and 
 prepared to depart.^"^ He caused Fremont to return with him across 
 the plains. When they reached Fort Leavenworth he placed him 
 under arrest and ordered him to report to the Adjutant-General at 
 Washington. There he was court-martialed for mutiny, disobe- 
 dience to orders, and "conduct to the prejudice of good order and 
 military discipline." At the trial he was given great latitude in the 
 introduction of testimony and he used the opportunity to recite 
 with great dramatic effect his glorious services to the country in the 
 conquest of California. Senator Benton, his father-in-law, was one 
 of his counsel and was characteristically oratorical in his behalf, 
 Fremont, nevertheless, was found guilty on each of the twenty-three 
 specifications and sentenced to be dismissed from the Army. Seven 
 of the thirteen members of the court, in recognition of his past 
 services as an explorer, recommended clemency. In the judgment 
 of the court nothing had been shown to affect the honor or character 
 of General Kearny. President Polk approved in all but one detail 
 the sentence of the court, but in view of the prisoner's former meri- 
 torious services and the recommendation, remitted the penalty of 
 dismissal. He ordered him to resume his sword and report for duty. 
 Fremont declined to receive clemency, because he could not admit 
 the justice of the decision, and thoroughly embittered, he resigned 
 from the Army. The court-martial proceedings, which had been 
 
 57Col. RICHARD B. MASON, who succeeded Kearny in command of 
 the 1st Reg't of Dragoons, was a native of Virginia. He entered the Army 
 in 1817 as a 2d It. in the 8th Infantry; became a 1st It. a few weeks later; 
 captain in 1819; major in the 1st Drags. 4 March, '33; It.-col., 4 July ,'36; 
 col., 30 June, '46. He was brevetted a major in '29 for 10 years' faithful ser- 
 vice in one grade and a brig.-gen. in '48 for meritorious conduct in Calif. He 
 died in 1850. Mason was regarded as a highly efficient officer, affable and 
 just. He made many friends during his term of military governor. 
 
34 General Stephen W. Kearny and 
 
 extensively reported in the newspapers, especially the oratory of 
 Benton, proved to be a great advertisement for the young adven- 
 turer. He became a popular hero. "If his accusers at the trial 
 had had the wish and the power to present all the facts in their true 
 light, the popular hero's career might have been nipped in the bud."^^ 
 He returned to California in '49 and was sent to the United States 
 Senate from there in 1851. In 1856 he became the first nominee of 
 the new Republican Party for the office of President of the United 
 States."^ Commodore Stockton's course in Califorina was never 
 made the subject of official investigation. He, too, quit the service, 
 and coming into a fortune he entered politics. On the strength of 
 his unaided achievement in the conquest of California, he too 
 reached the Senate, representing his native state of New Jersey. 
 He was prominently mentioned for the Democratic nomination for 
 the presidency in 1856 to run against Fremont, but owing to the 
 action of the Virginia delegation the nomination went to Buchanan. 
 The American people were thus deprived of what would have been 
 a highly interesting chapter in their annals — a campaign between 
 the two "conquerors." 
 
 kearny's characte;r and personality. 
 
 General Kearny having no political aspirations, reported for duty, 
 joined the Army in Mexico, served as military governor of Vera 
 Cruz and later of the City of Mexico, where he contracted a physical 
 disorder, returned to his home in St. Louis, and died October 31, 
 1848, the year follov/ing his tour in California. While fulsome vol- 
 umes in praise of Stockton and Fremont made their appearance in 
 due tinie, no such work was called for in behalf of the dead. For- 
 tunately there have been preserved a few interesting contemporary 
 impressions of the real "conqueror"' and first legally appointed Amer- 
 ican governor of California. They are the more valuable to us be- 
 cause of their spontaneity and undoubted sincerity, and the more 
 remarkable because one comes from a member of Fremont's own 
 battalion, another from a chaplain in Stockton's fleet.. 
 
 Edward Bryant, in his book, "What I Saw in California," said : 
 "General Kearny is a man rising fifty years of age. His height is 
 about five feet ten or eleven inches. His figi:re is all that is re- 
 quired by symmetry. His features are regular, almost Grecian ; 
 his eye is blue, and has an eagle-like expression, when excited by 
 stern or angry emotion ; but in ordinary social intercourse, the whole 
 expression of his countenance is mild and pleasing, and his manners 
 and conversation are unaffected, urbane, and conciliatory, without 
 
 ESBancroft. v., p. 749. 
 
 B9Sec note 1, supra, for Fremont's subsequent career. 
 
The Conquest of California 35 
 
 the slightest exhibition of vanity or egotism. He appears the cool, 
 brave and energetic soldier ; the strict disciplinarian, without tyranny ; 
 the man in short, determined to perform his duty, in whatever situ- 
 ation he may be placed, leaving consequences to follow in their nat- 
 ural course. These, my first impressions, were fully confirmed by 
 subsequent intercourse." In his belief, "no man, placed under the 
 same circumstances, ever aimed to perform, his duty with more 
 uprightness and more fidelity to the interests and honor of his 
 country ; or who, to shed lustre upon his country, ever braved greater 
 dangers, or endured more hardships and privations, and all without 
 vaunting his performances and sacrifices. "^o The Rev. Walter Col- 
 ton, in his "Three Years in California," said : "The intelligence of 
 the death of Gen. Kearny has been received here [Monterey] with 
 many expressions of affectionate remembrance. During his brief 
 sojourn in California, his considerate disposition, his amiable deport- 
 ment and generous policy, had endeared him to the citizens. They 
 saw in him nothing of the ruthless invader, but an intelligent, hu- 
 mane general, largely endowed with a spirit of forbearance and 
 fraternal regard. . . . His star set without a cloud; but its 
 light lingers still ; when all the watch-fires of the tented field have 
 gone out, a faithful ray will still light the shrine which aifection and 
 bereavement have reared to his worth. 
 
 'Still o'er the past warm memory wakes, 
 And fondly broods with miser-care; 
 
 Time but the impression deeper makes. 
 As streams their channels deeper wear." "61 
 
 eoBryant, What I Saw in California (N. Y. : 1848), pp. 428-9. 
 eiColton, Three Years in California (N. Y. : 1850), pp. 375-6. 
 
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