The Beginnings of San Francisco - Notes 35-40



NOTE 35. THE MILITARY GOVERNORS OF CALIFORNIA

Mexican rule in California terminated when Commodore Sloat, on July 7 
1847, landed his forces at Monterey, raised the American flag, and 
proclaimed California United States territory. On December 20, 1849, 
General Riley turned over to the newly elected state government the 
administration of affairs, although California was not admitted to the 
rights and privileges of a state of the union until September 9, 1850. 
During the interregnum between the last Mexican governor and the first 
representative American governor, the territory was ruled by military 
chiefs who used the right, under the law of nations, to establish a civil 
government within the conquered territory to secure the conquest and to 
protect the persons and property of the people. On the ratification of the 
treaty of peace, the military government, as such, came to an end, but 
until congress provided a government for the territory, the rule of the 
military chiefs, being a government de facto, was continued. Thus to the 
cares and responsibilities of a military commander were added all the 
details of civil government for which he was fitted neither by training 
nor experience. Among the many vexing questions to be solved were those 
relating to land titles and to the customs dues. The customs dues were 
fixed by Stockton at fifteen per cent ad valorem, with fifty cents tonnage 
charge on foreign ships. In October 1847 the governor received a war 
tariff from Washington to apply to all Mexican ports in possession of the 
United States officers. It imposed extraordinary specific duties as war 
contributions, and was intended to force the Mexican government by loss of 
revenue and by popular complaint to sue for peace. Both Mason and 
Shubrick, the naval commander, recognized the injustice and impolicy of 
applying such a measure to California and decided not to enforce it. Mason 
explained his position and defended the liberty he had taken in 
substituting a modified tariff for that ordered, by referring to the 
instructions of June 3, 1846, to General Kearny, to the effect that duties 
should be reduced "to such a rate as may be barely sufficient to maintain 
the necessary civil officers without yielding any revenue to the 
government," and he said that promises and assurances, based on those 
instructions, had been given to the people of California as a solemn 
pledge on the part of the government. Mason issued his modified tariff 
making an ad valorem rate of twenty per cent and reduced the tonnage rate 
on foreign bottoms to fifteen cents. The money thus collected was known as 
the "civil fund" and was only used to defray the expenses of civil 
government. Some loans were made to the military officers from this fund 
but they were loans only, to be returned on receipt of the treasury 
drafts. The great increase of trade following the gold discoveries caused 
this fund to reach a considerable amount and there was some controversy 
over the disposition of it. Just how much was collected I do not know, but 
between August 6, 1848, and November 12, 1849, there had been collected $1,
365,000; and by the end of military rule there was in the hands of the 
governor nearly a million dollars. 

The rule of Commodore Sloat was brief. On July 29th he transferred the 
command to Commodore Stockton and sailed on the Levant for home. Stockton 
was concerned mainly with the conquest and on January 19, 1847, he turned 
over the civil authority to Fremont whose commission as governor he signed 
on the sixteenth, though General Kearny was in California and Stockton was 
aware of Kearny's instructions to assume command and form a civil 
government in that territory. As to Fremont's administration, I have given 
an account of that officer in a separate note. This then brings us down to 

GENERAL KEARNY 

Stephen Watts Kearny was born at Newark, New Jersey, in 1794; died at St. 
Louis, Missouri, October 31, 1848. He was a student at Columbia college, 
New York, in 1812, and would have graduated in the summer of that year. 
When it became apparent that war must ensue between the United States and 
Great Britain he applied for a commission in the army and was appointed 
from New York first lieutenant in the Thirteenth infantry, John E. Wool, 
captain. His commission was dated March 12, 1812. He was in the engagement 
at Queenstown Heights, October 13, 1812, and was commended by his colonel 
for gallantry in battle. He was made a captain April 1, 1813; major of 
Third infantry May 1, 1829; lieutenant-colonel of first dragoons March 4, 
1833; colonel July 4, 1836; brigadier-general June 30, 1846; brevet major 
April 1, 1820, for ten years' faithful service in one grade, and major-
general for gallant and meritorious conduct in New Mexico and California 
to date from the battle of San Pascual, December 6, 1846. 

Kearny accompanied General Atkinson on his exploring expedition to the 
Yellowstone and in 1834 took part in a campaign against the Comanches. In 
1842 he was given command of the Third military department with 
headquarters at St. Louis. With five companies of his dragoons he marched 
in 1845 to the South pass returning by way of Fort Bent and holding 
councils with various Indian tribes. 

In anticipation of a war with Mexico Colonel Kearny, then in command at 
Fort Leavenworth, was in the spring of 1846 selected to command an 
expedition to be sent against the northern Mexican provinces, more 
particularly New Mexico and California. Kearny's instructions, dated June 
3, 1846, directed him to occupy Santa Fe, and after providing a sufficient 
garrison from his command, with the force remaining to press forward to 
the conquest of Upper California whose early possession was deemed to be 
of the greatest importance; and he was instructed to conduct himself in 
such a manner as would best conciliate the inhabitants and render them 
friendly to the United States. 

The troops of the expedition rendezvousing at Fort Leavenworth consisted 
of six squadrons of First dragoons under Major E. V. Sumner, two batteries 
of light artillery under Major Meriwether Lewis Clark, two companies of 
infantry under Captain W. Z. Angney, the Laclede Rangers under Captain 
Thomas B. Hudson, and the First regiment Missouri mounted volunteers under 
Colonel Alexander W. Doniphan--in all sixteen hundred and fifty-eight men 
and sixteen pieces of ordnance-- twelve six-pounders and four twelve-pound 
howitzers. In addition was a corps of field and topographical engineers 
consisting of Lieutenant William H. Emory, Lieutenant William H. Warner, 
Lieutenant J. W. Abert, and Lieutenant G. W. Peck. The force was styled 
the "Army of the West" and began its march June 26, 1846, in detached 
columns, and on July 29th crossed into Mexican territory and concentrated 
in admirable order and precision at a camp nine miles below Bent's fort. 
After a brief rest at Bent's fort the march to Santa Fe was resumed and on 
August 18th Kearny entered the capital of New Mexico, the enemy retiring 
before his advance. The flag was raised on the plaza and saluted with 
thirteen guns by Major Clark's batteries. A few days before, at Las Vegas, 
an express from Fort Leavenworth reached the army bringing Kearny's 
commission as brigadier-general. On the nineteenth Kearny assembled the 
citizens and addressed them saying that the United States had taken 
possession of New Mexico and that he would establish a civil government 
for the department, assuring them of protection for person, property, and 
religion. In addition to the Doniphan regiment another regiment of 
Missouri volunteers had been raised and was marching to Santa Fe under 
command of Colonel Sterling Price. They were to form a part of Kearny's 
force and march to California, should they be needed. Kearney was also 
authorized to raise a battalion among the Mormons who were assembling on 
the Missouri river preparatory to a migration across the plains. Kearny 
sent Captain Allen of the First dragoons from Fort Leavenworth to enlist 
from among the Mormons who wished to go to California, five companies of 
one hundred men each, each company to elect its own officers, the 
battalion to be commanded by Allen with the rank of lieutenant-colonel. 
The battalion so formed was assembled at Fort Leavenworth where Lieutenant-
colonel Allen fell sick and the troops marched to Santa Fe under command 
of Lieutenant Andrew J. Smith of the First dragoons. They reached Santa Fe 
on the ninth and twelfth of October where they were received by Colonel 
Doniphan with a discharge of artillery, much to their delight. 

On September 25th General Kearny began the march from Santa Fe to 
California with three hundred dragoons and two mountain howitzers, leaving 
orders for the Mormon battalion to follow him. Colonel Doniphan was to 
await the arrival of the regiment under Colonel Price and then march his 
regiment into Chihuahua and report to Brigadier-general Wool, leaving 
Santa Fe in charge of Price. The artillery was divided, a part to 
accompany Doniphan and the rest to remain in Santa Fe. Proceeding down the 
Rio Grande Kearny met, on October 6th a few miles below Socorro, an 
express from California with dispatches for Washington from Commodore 
Stockton. This was Kit Carson with a party of fifteen men, including six 
Delaware Indians. Carson informed Kearny that the conquest of California 
had been completed and the territory was in the quiet possession of the 
Americans. In consequence of this information Kearny sent back to Santa Fe 
two hundred of his three hundred dragoons. He retained companies C and K, 
one hundred dragoons, under Captain Benjamin D. Moore, Lieutenant Thomas 
C. Hammond, and Lieutenant John W. Davidson, the latter in charge of the 
two howitzers. His staff consisted of Captain Henry S. Turner, acting 
assistant adjutant-general; Captain Abraham R. Johnston, aide-de-camp; 
Major Thomas Swords, quartermaster; Lieutenants William H. Emory and 
William H. Warner of the topographical engineers, with a dozen assistants 
and servants; and Assistant-surgeon John S. Griffin. Antoine Robidoux was 
the guide and Kearny insisted that Carson, being more familiar with the 
route, turn back and guide them to California. Carson was unwilling to do 
so saying he had pledged himself to deliver his dispatches in person, and 
he also desired to see his family. Kearny, however assumed the 
responsibility for the dispatches, and Carson consented to return. The 
entire force of officers and men numbered one hundred and twenty-three. 
The command was mounted on mules, it being thought that they would stand 
the hardships of the journey better than horses. After two days' march 
Carson told the commander that at their rate of travel it would take four 
months to reach California. The wagons were therefore abandoned in favor 
of pack-mules and on October 15th the command left the Rio Grande and 
turning westward reached on October 20th the head waters of the Gila, a 
beautiful mountain stream thirty feet wide. The march down the Gila was 
without particular incident; the Apaches were friendly, professing love 
for the Americans and hatred for all Mexicans. The Pimas and Cocomaricopas 
of the river pueblos received the expedition hospitably, bringing to the 
camp corn, beans, honey, and watermelons. At the junction of the Gila and 
Colorado a small party of Mexicans convoying a band of five hundred wild 
horses was encountered. These men gave contradictory accounts of a rising 
of the Californians, and from the contents of a dispatch bag, whose bearer 
was also captured, the commander learned that a revolt had placed that 
part of the territory through which he must pass in the hands of the 
Californians and that the Americans had been expelled from Los Angeles, 
Santa Barbara, and other places. 

The Colorado was crossed ten miles below the junction on November 25th, 
and the twenty-sixth, twenty-seventh, and twenty-eighth were spent in 
traversing the desert. Crossing the cordillera by the Carriso creek route, 
a much easier road than that taken by Anza, the command, after much 
suffering and the loss of many animals, reached on December 2d Warner's 
rancho--Agua Caliente. Here was food in plenty and Lieutenant Emory notes 
the fact that seven of his men ate at a single meal a fat, full grown 
sheep. On the fourth the march was resumed, the route being southerly down 
the valley thirteen and a half miles to Santa Isabel, the rancho of Edward 
Stokes, whom Kearny had met on his arrival at Warner's, and who 
volunteered to carry a letter to Commodore Stockton announcing his 
approach. This letter was delivered to Stockton December 3d, and he 
dispatched Captain Archibald H. Gillespie with a force of thirty-nine men 
to Kearny's assistance. The march of December 5th was to the Santa Maria 
rancho and on the way he was met by the reinforcements under Gillespie. 
The dragoons had marched all day through a cold rain and it was late at 
night when camp was made. Here they learned that the enemy was in force a 
few miles below and Lieutenant Hammond was sent to reconnoitre. He 
reported that he was discovered and it was determined to attack the enemy 
and force a passage. At two o'clock on the morning of the sixth the call 
to horse was sounded and nine miles were covered before daybreak. As day 
dawned they approached the Indian village of San Pascual and came upon the 
enemy already in the saddle and awaiting them. Captain Johnston was in 
command of the advance guard of twelve dragoons, mounted on the best 
horses. Riding close behind was General Kearny with Lieutenants Emory and 
Warner of the engineers and four or five of their men; next came Captain 
Moore and Lieutenant Hammond with about fifty dragoons mounted, with but 
few exceptions, on the tired mules they had ridden from Santa Fe. These 
were followed by Captains Gillespie and Gibson with about twenty 
volunteers; Lieutenant Davidson came next with the two mountain howitzers 
drawn by mules with a few dragoons to manage the guns; and finally, the 
rest of the force between fifty and sixty men, under Major Swords, brought 
up the rear and protected the baggage. At the word of command Captain 
Johnston made a furious charge upon the enemy and was quickly supported by 
the dragoons under Captain Moore. The Californians stood the shock of the 
charge and a hand to hand conflict ensued. Captain Johnston fell, shot 
through the head, and after a brief struggle the Californians clapped 
spurs to their horses and fled the field. Captain Moore rallied his men to 
the pursuit and all dashed after the flying foe. The Californians 
retreated about half a mile to an open plain then suddenly wheeled and 
rushed upon the Americans, charging with their lances. The Americans stood 
their ground, but at a fearful loss. The conflict lasted about five 
minutes and then the Californians again fled. This time there was no 
pursuit, nor did the Californians return. The Americans remained in 
possession of the field and of their dead and wounded. Captain Johnston 
and Captain Moore were killed outright while Lieutenant Hammond, badly 
wounded, lived several hours. Two sergeants, two corporals, and ten 
privates of the dragoons, one private of the volunteers, and one man of 
the topographical department were killed--in all nineteen. The wounded 
included the general, Lieutenant Warner, Captains Gillespie and Gibson of 
the volunteers, Antoine Robidoux the guide, one sergeant, one bugleman, 
and nine privates of the dragoons--sixteen, most of whom had received from 
two to ten wounds each. Only one death and one wound were caused by 
firearms. All the other dead and wounded were lanced. Captain Moore fell 
early in the second encounter with a lance through his body and Hammond 
received the wounds that caused his death while trying to save Moore. Both 
Moore and Hammond were lanced by Dolores Higuera, called "the Huero" (fair-
haired), a tall powerful man who resembled a German. Higuera then bore 
down on Gillespie, unhorsed him, wounded him severely, and would have 
killed him but dropped his lance in order to secure Gillespie's silver 
mounted saddle. {It is said that the Huero later offered to return 
Gillespie his saddle and bridle, but the latter refused to accept the 
property, saying that it had saved his life. Philip Crossthwaite, who was 
in the fight, a volunteer under Gillespie says that Captain Moore was 
lanced by Leandro Osuna.} 

The fight at San Pascual was the most famous and deadly of the war in 
California. The force encounted by Kearny was a body of about eighty 
Californians under Andres Pico {Accounts of the number of Pico's force 
differ. John Forster (Pioneer Data, p. 37-40) says: "Pico had seventy-two 
men. Captain Johnston (Journal, Dec. 4) says: "We heard of a party of 
Californians--eighty men--encamped at a distance from this;" (Santa 
Isabel). Emory (Ex. Doc. 41, p. 112) says: "The navy took a prisoner at 
this house (Alvarado's). He stated that Pico's force consisted of one 
hundred and sixty-men." This is the number given by Kearny in his report, 
he being satisfied with the prisoner's statement.} who had entered the 
hills to cut off the retreat of Gillespie who, it was thought, was out on 
a raid for cattle and horses--Kearny's approach being unknown. The Indians 
had reported on the fifth the advance of a large force, but little 
attention was paid to them. It was a cold rainy night and between eleven 
and twelve o'clock the barking of a dog aroused the sentry. A party sent 
out to reconnoitre found a blanket marked "U. S." and the trail of the 
enemy's scouts. The horses were brought in and preparations for defence 
made and at daybreak the advance guard of the Americans bore down at full 
speed upon them. The slight loss among the volunteers is due to the fact 
that but few of them got into the fight. The two howitzers were brought up 
but did not get into action, though the mules attached to one of them took 
fright and dashed after the enemy who took the gun and killed the man in 
charge of it. The Americans fought with desperate courage against heavy 
odds. Their animals were either wild, unbroken horses, or mules worn out 
with the long journey from which the men themselves were not yet rested; 
they had had little or no sleep the preceding night, their clothing was 
soaked by the drizzling rain and they were numb with the intense cold. 
Kearny had about one hundred and sixty men, all told, but not one half of 
them were engaged; while the Californians, superbly mounted and the finest 
horsemen in the world, were fresh and were fighting in their own country, 
and with a weapon most deadly in their hands, the lance. The Californians 
had eleven wounded, none killed. 

In consequence of Kearny's wound Captain Turner assumed command. 
Messengers were sent to San Diego for wheeled conveyances to carry the 
wounded and Emory was sent back with a force to bring up Major Swords and 
the rear guard which was about a mile behind; the surgeon was busy 
dressing the wounded, while the rest of the men were engaged in making 
ambulances for their transportation. Their provisions were gone, their 
horses were dead, their mules were on their last legs; and the men, having 
lost one third of their number, were ragged, worn down by fatigue, and 
emaciated. When night closed in the dead were buried under a willow tree 
to the east of the camp with no other accompaniment than the howling of 
myriads of wolves. Their position was defensible but the ground was so 
covered with rocks and cacti that it was difficult to find a smooth place 
to rest, even for the wounded. The night was cold and damp and sleep was 
impossible. The Californians hovered near and Pico reported to Captain 
Flores, commander of the forces, that none of the Americans could get away 
and that he would attack them when the rest of his division--eighty men 
under Captain Cota--should come up. On the seventh Kearny resumed command 
and the troops were moved down the valley to San Bernardo, having a slight 
skirmish with the enemy during the march. The suffering of the wounded was 
very great and it was apparent to the general that to advance, encumbered 
as he was, would almost certainly result in the loss of his wounded and of 
the baggage. He therefore remained in camp defending himself from the 
assaults of the enemy. On the night of the eighth, Kit Carson and 
Lieutenant E. F. Beale of the navy, a volunteer of Gillespie's force, 
offered to make their way through the enemy's lines to San Diego, twenty-
nine miles distant, and make known to Stockton Kearny's condition. This 
was done and Stockton sent Lieutenant Gray of the Congress with two 
hundred marines and sailors, and food and clothing for Kearny's naked and 
hungry men. The reinforcements reached Kearny's camp before dawn on the 
eleventh. The march was then resumed and they reached San Diego on the 
afternoon of the twelfth, unmolested by Pico, who had withdrawn on the 
arrival of Gray with the reinforcements. 

Sergeant Cox and Private Kennedy of the dragoons died from their wounds, 
one on the march and the other in San Diego. The bodies buried under the 
tree on the battlefield were subsequently removed to San Diego with the 
exception of Captain Johnston, whose remains, sent to his father, were 
buried at Piqua, Ohio, while those of Moore and Hammond, who were brothers-
in-law and strongly attached to each other, lie side by side, at Point 
Loma. 

General Kearny found Commodore Stockton actively engaged in organizing his 
forces for an expedition against the enemy who were in possession of Los 
Angeles and Santa Barbara. Stockton's force consisted of about four 
hundred and forty sailors and marines, ninety volunteers of the California 
battalion under Captain Gillespie, including twenty-five Californians and 
Indians, six pieces of artillery, and a wagon train of one four-wheel 
carriage and ten ox carts, under charge of Lieutenant George Minor of the 
Savannah. In addition to this force Fremont was approaching Los Angeles 
from the north with four hundred mounted men and six pieces of artillery. 

Kearny was in a delicate position. He had reached San Diego with but a 
remnant of his command, his best officers had been killed, and he and many 
of his men were wounded. He was indebted to the commodore for rescue from 
a dangerous situation and he found that officer organizing a vigorous 
campaign against the revolted Californians. Stockton offered Kearny the 
chief command but the general's courtesy prompted him to decline, saying 
that the force was Stockton's and that he would accompany him as his aide-
de-camp. Kearny however showed Stockton his orders and, according to his 
testimony before Fremont's court-martial, announced that as soon as his 
command was increased he would take charge in California as instructed. 

The army marched out of San Diego December 29th with the force given 
above, to which had been added fifty-five dragoons under command of 
Captain Turner: Lieutenant Davidson assisting. General Kearny acted as 
commander of the troops, Commodore Stockton accompanying as governor and 
commander-in-chief. The entire force, including sappers and miners, 
numbered six hundred and seven. 

At the crossing of the San Gabriel river, January 8th, their passage was 
disputed by about five hundred Californians under Jose Maria Flores, with 
Jose Antonio Carrillo second in command, and Andres Pico, comandante de 
escuadron. The Californians had two nine-pounders which they placed in 
position to command the ford but their powder was home-made and had barely 
force enough to expel the projectiles from the guns without doing very 
much damage to the Americans. The engagement lasted two hours when the 
Californians were driven back. The American loss was two men killed and 
eight wounded--one of whom died the following day. The loss of the 
Californians was about the same. 

On the ninth the march was resumed and the enemy was again encountered 
about four miles below Los Angeles, the action resulting in one 
Californian being killed and several wounded while Stockton had five men 
wounded. This ended the war in California. The passage of the Rio San 
Gabriel and the battle of La Mesa, as the action below Los Angeles is 
called, have been somewhat overdrawn. There is no question that both sides 
displayed courage, but the Californians fought in a half hearted way. They 
were only half armed, they had no powder but the poor stuff they made 
themselves, and they had no hope of success. Most of them went home after 
the fight, leaving Pico only about one hundred men. Stockton entered Los 
Angeles on the morning of the tenth. Flores transferred the command to 
Pico on the eleventh and returned to Mexico. On the thirteenth the peace 
of Cahuenga was signed by Fremont and Pico. 

It appears that Kearny was aware that Stockton intended to ignore his 
authority and on the fourteenth he wrote to the war department that upon 
the arrival of the troops which were en route by land and sea he would, 
according to the instructions, have the management of affairs in 
California. On the sixteenth he ordered Stockton to show his authority 
from the government or to take no further action in relation to a civil 
organization. Stockton declined to recognize Kearny's authority and on the 
same day delivered to Fremont his commission as governor and suspended 
Kearny from the command conferred on him at San Diego. Kearny also ordered 
Fremont to make no changes in the organization of the California 
battalion, sending him a copy of his instructions from the secretary of 
war of June 18, 1846, pointing out the sentence: "These troops and such as 
may be organized in California will be under your command." This order was 
delivered to Fremont in the evening of the sixteenth. Fremont after a 
consultation with Stockton, during which each exhibited to the other the 
order he had received from Kearny, replied to the general declining to 
obey his order on the ground that he had received his commission from 
Stockton and that on his arrival at Los Angeles he had found the commodore 
still recognized as commander, and with great deference, etc., he felt 
constrained to say that until the two commanders adjusted the difference 
of rank between themselves he would "have to report and receive orders as 
heretofore from the commodore." 

Finding his authority ignored and having no troops to enforce obedience, 
Kearny announced to Stockton his intention to withdraw his dragoons and 
report the state of affairs to the war department at Washington, leaving 
with the commodore the responsibility of doing that for which he had no 
authority, and preventing him from carrying out his instructions. He 
retired to San Diego and on the 21st of January sailed on the Cyane for 
Monterey. The troops en route were the Mormon battalion, an artillery 
company sent by sea, and the First regiment New York volunteers, also by 
sea. The Mormon battalion, three hundred and fourteen strong, reached San 
Diego January 29th. 

Company F. Third United States artillery reached Monterey January 28, 
1847, on the transport Lexington, six months and fourteen days from New 
York. The company was commanded by Captain Christopher Q. Tompkins; the 
first lieutenants were Edward O. C. Ord and William T. Sherman; second 
lieutenants Lucien Loeser and Colville J. Minor. Doctor James L. Ord was 
contract surgeon, and Lieutenant Henry W. Halleck of the engineers 
accompanied the detachment. Three of these men became general officers and 
two of them, Halleck and Sherman, commanded the armies of the United 
States. The rank and file numbered one hundred and thirteen men. The first 
detachment of the New York regiment arrived March 6th and the rest of the 
regiment came during the month. 

Kearny arrived at Monterey February 8th where he found Commodore William 
Branford Shubrick who had arrived in the man-of-war Independence to 
succeed Commodore Stockton. Shubrick recognized Kearny as the senior 
officer of the army in California, and the two officers agreed to await 
more explicit instructions from Washington before taking action. Kearny 
started for San Francisco on the Cyane, February 11th, and there found 
Colonel Richard B. Mason of the First dragoons and Lieutenant Henry B. 
Watson of the navy, who had arrived from Washington February 12th, 
bringing instructions dated November 3d and 5th, for both general and 
commodore, to the effect that the senior officer of the land forces was to 
be civil governor. Kearny returned to Monterey accompanied by Mason and 
Watson and after consultation with Commodore Shubrick a joint circular was 
issued in which was announced the orders of the president regarding the 
position and authority of the commander-in-chief of the naval forces and 
that of the commanding military officer. On the same day, March 1, 1847, 
Kearny issued a proclamation assuming charge of the civil government of 
California and naming Monterey as the capital. Also on the same day the 
general issued "Orders No. 2" requiring Fremont to muster the volunteers 
into United States service and put Captain Cooke in command. He sent this 
by Captain Turner and at the same time he wrote to Fremont ordering him to 
report at Monterey and bring with him all archives, public documents, and 
papers in his control, appertaining to the government of California. 
Turner reached Los Angeles March 11th and delivered his orders and the 
joint circular to Fremont. All volunteers declining to enter the service 
were to be discharged. Fremont submitted the order to the California 
battalion and they declined to be mustered in. William H. Russell 
"secretary of state" wrote to Captain Cooke, March 16th that the 
"governor" considered it unsafe to discharge the battalion "at this time 
when rumor is rife with threatened insurrection," and would decline to do 
so. On the twenty-second Fremont started for Monterey to see Kearny, 
reaching the capital at nightfall of the twenty-fifth. He made a call of 
ceremony that evening and had an interview with the general the next 
morning. He started on his return on the afternoon of the twenty-sixth and 
reached the pueblo on the twenty-ninth. It is said in regard to the 
interview, that Fremont objected to the presence of Colonel Mason and was 
offensive in his remarks when he was informed by the general that Mason 
was properly in the room. The result of the interview was Fremont's 
promise to obey orders. To insure this Kearny sent Mason south on an 
inspection tour, giving him full authority in both civil and military 
matters. From Mason's report of April 26th it appears that Fremont had 
authorized the collector at San Pedro to receive "government payment" in 
payment of customs dues and that the masters or supercargoes of certain 
ships were buying this paper at thirty per cent discount and using it to 
pay duties. The "government payment," he explained, consisted of 
certificates or due bills given by the paymaster and quartermaster of the 
California battalion. The order to the collector was dated March 21st and 
signed "J. C. Fremont, Governor of California, by Wm. H. Russell, 
Secretary of State." Mason also enclosed an original order from Lieutenant-
colonel Fremont of the 15th of March, to Captain Richard Owens of the 
California battalion, directing him not to obey the order of any officer 
that did not emanate from him (Fremont) nor to turn over the public arms, 
etc., to any corps without his special order. 

From various reports of the interview between Mason and Fremont we learn 
that it was anything but an harmonious one. Stephen C. Foster, who was 
present, says that Mason sent an orderly to Fremont with a request to 
report to headquarters. The man returned with the statement that Fremont' 
s sentry would not admit him. Mason sent him back with the same order; the 
man returned with the same report. The third time Mason sent the orderly, 
when Fremont came. Mason was very angry and addressed Fremont in harsh 
terms, saying he had been waiting all the morning to arrange for Fremont 
to turn over the government artillery and other property. Fremont's reply 
was insolent in tone and Mason threatened to put him in irons. Fremont 
returned to his quarters and sent Major Reading with a demand for an 
apology. This being refused, a challenge followed and was accepted, but 
Kearny intervened and the meeting did not take place. 

General Kearny proceeded to organize a civil government by appointing 
alcaldes, collectors, Indian agents, etc., and endeavored to settle the 
vexing questions relating to civil affairs as best he could. On March 22d 
he announced to the various claimants to the property of the missions of 
San Jose, Santa Clara, Santa Cruz, and San Juan, that until a proper 
tribunal was established to decide upon the claims, the missions and the 
property belonging to them would remain in possession of the priests, as 
they were when the United States flag was first raised in the territory, 
and the alcaldes of the various jurisdictions were instructed to enforce 
this order. Kearny's last military order was to send Lieutenant-colonel 
Burton of the New York volunteers to Lower California with two companies 
of the regiment to take and hold possession of the country for the United 
States. On May 13th the general notified the adjutant-general that he was 
closing his affairs in California and would leave for St. Louis via the 
South pass, and that the conduct of Lieutenant-colonel Fremont was such 
that he would be compelled, on arriving in Missouri, to arrest him and 
send him under charges to Washington. 

On the 31st of May, 1847, General Kearny turned over to Colonel Mason the 
command, civil and military, and started for the Missouri. Accompanying 
him were Edwin Bryant, Major Swords, Captains Cooke and Turner, Doctor 
Sanderson of the Mormon battalion, Lieutenant Radford of the navy, Willard 
P. Hall, William O. Fallon as guide, a Mormon escort of thirteen men and a 
few men of the topographical service, a number of servants, and Lieutenant-
colonel Fremont with William N. Loker of the California battalion and 
nineteen men of his original party. At Sutter's fort several days were 
consumed in preparation for the journey, and on June 22d Kearny was at the 
Donner camp burying such remains of the unfortunates as he could find. He 
passed Fort Hall in the middle of July and reached Fort Leavenworth August 
22d. Here he ordered Fremont to consider himself under arrest and report 
to the adjutant-general at Washington. Fremont was charged with mutiny, 
disobedience of the lawful commands of his superior officer, and conduct 
to the prejudice of good order and military discipline. The court-martial 
was convened November 2, 1847, and the trial lasted two weeks. Fremont was 
defended by Thomas H. Benton and William Carey Jones, and after three days 
of deliberation was found guilty on all of the specifications and 
sentenced to dismissal from the service. Seven members of the court signed 
a recommendation of clemency on account of previous services. President 
Polk approved the verdict, except on the charge of mutiny, but remitted 
the penalty and ordered Fremont to report for duty. In its findings the 
court stated: "The attempt to assail the leading witness for the 
prosecution (General Kearny) has involved points not in issue, and to 
which the prosecution has brought no evidence. In the judgment of the 
court his honor and character are unimpeached." 

Fremont declined to accept the president's clemency and sent in his 
resignation, which was accepted March 14th. 

General Kearny was nominated in July 1848, for brevet major-general for 
gallant conduct at San Pascual and for meritorious services in New Mexico 
and California. Thomas H. Benton spoke for thirteen days against the 
confirmation and then announced that he had but begun his theme--the 
conspiracy against Fremont. 

In person Kearny was five feet, ten or eleven inches in height, of fine 
figure and soldierly bearing; features regular; eyes blue; and in ordinary 
social intercourse the expression of his countenance was mild and pleasing 
and his manners and conversation unaffected, urbane, and conciliatory, 
without any sign of vanity or egotism. A strict disciplinarian, he brooked 
no delinquency and was stern and uncompromising towards those who failed 
or were neglectful of duty. Upright, brave, and energetic, he was true to 
himself and to the interests and honor of his country. 

COLONEL MASON 

Richard Barnes Mason, son of George Mason of Lexington, Fairfax county, 
Virginia, was born on the family estate in Fairfax county in 1797. He came 
of a family distinguished in the annals of his state and his grandfather, 
George Mason, was the author of the Virginia bill of rights and the friend 
of Washington and Jefferson. On the 2d of September 1817, Mason was 
appointed second lieutenant of the Eighth infantry. He was made first 
lieutenant September 25, 1817, and Captain July 31, 1819. On the formation 
of the First dragoons in 1833, Mason was commissioned major March 4th. He 
was made lieutenant-colonel July 4, 1836, and colonel June 30, 1846, on 
Kearny's promotion. On July 31, 1829, he was made brevet major for ten 
years faithful service in one grade and on May 30, 1848, brevet brigadier-
general for meritorious service in California. 

In 1824 Mason accompanied the expedition of General Atkinson to the 
Yellowstone, served through the Black Hawk war in 1832, and his whole 
service was spent on the northern and western frontiers. In November 1846 
Colonel Mason was ordered to California to relieve General Kearny and he 
sailed for Chagres on November 10th reaching San Francisco February 12, 
1849. The war in California was over and on May 31st he received from 
General Kearny the command, both civil and military. One of Mason's 
earliest appointments was that of Lieutenant Henry W. Halleck of the 
engineers, as secretary of state: a most fortunate selection. Halleck was 
not only the great soldier he afterwards proved himself to be, but was a 
wise and able lawyer, well educated, with a mind of high intellectual 
development. Perhaps the most troublesome question the government of 
California had to deal with was that relating to land titles. Halleck, at 
Colonel Mason's request, made a careful study of the subject and his 
report of March 1, 1849, on the laws and regulations governing the 
granting and holding of lands is an exhaustive review of the matter. 
Halleck resigned in 1854 and was a member of the law firm of Halleck, 
Peachy, and Billings, taking part in many great land suits and acquiring a 
large fortune. He reëntered the army in 1861, became major-general, and 
was commander-in-chief, 1862 to 1864. He died at Louisville, Kentucky, in 
1872, at the age of fifty-six. Halleck was considered a cold blooded, 
unpopular man by those persons who only wanted a share of the property 
belonging to some one else, but his fame does not rest upon them. 

The great event during Colonel Mason's administration was the discovery of 
gold at Sutter's mill on the American river, and it was Mason's report of 
August 17, 1848, incorporated in the president's message at the opening of 
congress in December, that caused the great excitement. Leaving Monterey 
on June 17th accompanied by Lieutenant W. T. Sherman, Mason reached San 
Francisco on the twentieth and found that all, or nearly all the male 
population had gone to the mines. Crossing with their horses to Sausalito 
they proceeded by way of Bodega and Sonoma to Sutter's fort where they 
arrived July 2d. Along the whole route mills were idle, fields of wheat 
were open to cattle, houses vacant, and farms were going to waste. At 
Sutter's all was life and business. Launches were discharging their 
cargoes and carts were hauling goods to the fort where were already 
established several stores and a hotel. Mechanics were getting ten dollars 
a day and merchants were paying a hundred dollars a month per room. 
Proceeding to Mormon island Mason found some two hundred men working in 
the intensely hot sun, washing for gold, some with tin pans, some with 
Indian baskets, but the greater part with a rude machine on rockers called 
a cradle. Four men, thus employed, averaged a hundred dollars a day. The 
gold was in fine bright scales and he secured a sample. From these 
diggings he went to the mill, about twenty-five miles above, or fifty 
miles from Sutter's fort. Under guidance of Marshall, Mason visited the 
various diggings in that vicinity, obtained samples of coarse gold and 
nuggets and listened to the tale of the discovery at first hand. Returning 
to Sutter's fort he was preparing to visit the placers on the Feather, 
Bear, and Yuba rivers when dispatches recalled him to Monterey where he 
arrived July 17th. On his return trip he visited the quicksilver mines at 
New Almaden. Before leaving Sutter's fort he satisfied himself that gold 
existed in the beds of the Feather, Yuba, and Bear rivers, and in many of 
the smaller streams that lie between the Bear and the American Fork, and 
that it had been found in the Cosumnes. He not only heard the marvellous 
tales but was shown great quantities of clean washed gold. The most 
moderate estimate he could obtain from men acquainted with the subject 
was, that upwards of four thousand men were working in the gold district, 
of whom more than half were Indians, and that from thirty to fifty 
thousand dollars worth of gold, if not more, was daily obtained. He 
reported that the entire gold district was government land; and he thinks 
the government should receive rents or fees for the privilege of procuring 
the gold; but considering the large extent of country, the character of 
the people engaged, and the small scattered force at his command, he 
resolved not to interfere, but to permit all to work freely. He was 
surprised to learn that crime of any kind was very infrequent and that no 
thefts or robberies had been committed in the gold district, though all 
lived in tents, in brush houses, or in the open air; and men had 
frequently about their persons thousands of dollars' worth of gold; and he 
marveled that such peace and quiet should continue. He says that the 
discovery of gold has entirely changed the character of Upper California. 
Farmers, mechanics, laborers, and tradesmen have left everything and have 
gone to the mines. Sailors desert their ships as fast as they arrive, and 
soldiers their garrisons. 

The events of Mason's administration have been fairly epitomized in the 
various chapters of the historical narrative preceding. He was the one man 
power, everything had to be put up to him and from his decision there was 
no appeal. Walter Colton tells of two murderers convicted in his court and 
sentenced to be hanged. At the execution the knots slipped and down they 
came. The priest who confessed them was in the crowd that witnessed the 
execution and he at once declared that the penalty was paid and the 
criminals absolved. Hastening to the governor he demanded his mandate to 
that effect. Colonel Mason gravely informed the priest that the prisoners 
had been sentenced by the court to be hanged by the neck until they were 
dead, and that when this sentence had been executed the knot slipping 
business might perhaps be considered. 

Mason was relieved at his own request by Bennet Riley on April 13, 1849, 
and sailed for the east in May. He was placed in command at Jefferson 
Barracks where he died July 25, 1850. 

Colonel Mason was a large fine looking man with the bearing of a soldier 
and the breeding of a gentleman. General Sherman testifies: "He possessed 
a strong native intelligence and far more knowledge of the principles of 
civil government and law than he got credit for." Mason was not popular 
with a certain class of Americans. He stood in their way; but as General 
Sherman says, "he was the very embodiment of the principle of fidelity to 
the interests of the general government," and he might have added, to the 
people of California also. 

GENERAL RILEY 

Bennet Riley was born in St. Mary's county, Maryland, about the year 1790. 
He entered the service as ensign of Forsyth's regiment of rifles January 
19, 1813, and joined the army at Sacketts Harbor in the spring of that 
year. He served throughout the war with credit and was favorably mentioned 
on several occasions by his commanding officers. He was already 
distinguished for heroic courage, coolness in battle, and great natural 
sagacity. 

At the conclusion of peace Riley served with his regiment on the 
Mississippi frontier. In 1821 the rifles were disbanded and Riley was 
transferred to the infantry. He had been made third lieutenant March 12, 
1813; second lieutenant April 15, 1814; first lieutenant March 31, 1817, 
and captain August 6, 1818. While stationed on the frontier he was 
frequently called on to engage the Indians, and in 1823 distinguished 
himself to such a degree, in a battle with the Anickorees, that he 
received the brevet of major. In 1829 he was ordered to guard the caravan 
to Santa Fe with directions to await on the Mexican line the return of the 
traders. During their absence he defeated the Indians in two pitched 
battles; and subsequently convoyed the merchants safely to St. Louis. For 
his conduct in this expedition the legislature of Missouri voted him a 
sword. 

Riley served through the Black Hawk war and took part in the final 
struggle, the battle of Bad-axe. On September 26, 1837, he was made a 
major and ordered to Fort Gibson. On December 1, 1839, he was made a 
lieutenant-colonel and ordered to Florida where he served until 1842 and 
distinguished himself by his energy, promptitude, and courage, receiving 
the brevet of colonel for gallantry in the action of Chokachatta; being 
made colonel January 31, 1850. 

In July 1846 Riley was ordered to Mexico. For gallant and meritorious 
conduct at the pass of Cerro Gordo, April 17-18, 1846, he was brevetted 
brigadier-general. On August 7th the army moved on the City of Mexico and 
Colonel Riley was assigned to command of the Second brigade of the Second 
division. Arriving in front of Contreras on the afternoon of August 19th 
he proved the coolness and discipline of his brigade. Charged by the 
enemy's lancers in overwhelming numbers, he remained unmoved. He formed 
his brigade into a square and received the enemy with a rolling volley, 
repulsing them in disorder. Three times they reformed and charged; but the 
third time after delivering his volley, Riley ordered his men to follow 
with the bayonet, on which the Mexicans fled in confusion and did not 
renew the attempt. For his skill and daring on this occasion Riley 
received the commendations of the commander-in-chief in his official 
report. On the succeeding morning an attack was planned on the entrenched 
camp of the enemy and its execution was entrusted to Riley. After a 
laconic harangue to his men, {S. C. Foster says: "In the morning of the 
battle Riley said to his men: 'Boys, we must all do our duty to-day. Ben 
Riley gets hell or the orange scarf before night.' " Angeles From '47 to 
'49.} he led them into a ravine by which the heights above the 
entrenchments were reached and then with a wild yell the Americans rushed 
down upon the enemy. In consternation they broke and fled with scarcely 
any show of resistance and in a few minutes the action was over. The 
commander-in-chief, General Scott, said in his report: "The opportunity 
afforded to Colonel Riley by his position was seized by that gallant 
veteran with all the skill and energy for which he is distinguished. The 
charge of this noble brigade down the slope, in full view of friend and 
foe, unchecked even for a moment, until he had planted all his colors upon 
their furthest works, was a spectacle that animated the army to the 
boldest deeds." For his gallant conduct in this battle Riley was brevetted 
major-general, dating from August 20, 1846. 

At Churubusco, on this same day, Riley engaged in the assault of the 
hacienda and for his behavior in this action was again commended by Scott 
as well as by the commanding officer of his division, Twiggs. 

Bennet Riley was another of the strong individualities that ruled 
California during the interregnum; a man of courage and of strong 
convictions, he could not be moved from the line of duty as he saw it. He 
was intelligent and was direct and soldier-like in all his dealings. His 
period was that of the great immigration of 1849, and his qualities were 
put to the severest test by the inrush of peoples from every quarter of 
the globe, riotous, and freed from the restraints that had hitherto held 
them in check. Riley was ever ready to help when help was needed and he 
was as ready with the strong arm when the help of that arm was required to 
protect the weak. That his courage was not alone that of the battlefield 
the following letter (in part) to the assistant adjutant-general of the 
Pacific Division will show. It appears that the commanding general of the 
division (Persifer F. Smith) had made an order on August 12, 1849, that 
the moneys of the "civil fund" be turned over to military authorities and 
that disbursing officers of the army be permitted to draw on that deposit 
for all expenses allowed by law. The civil fund at that time amounted to 
some six hundred thousand dollars, was in possession of Major Robert 
Allen, treasurer of California, and was disbursed only on the order of the 
governor. 

"Executive Department of California. 
"Monterey, August 30, 1849. 

"Colonel: 

"I have the honor to acknowledge the receipt of your letter of the 12th 
instant communicating the views of General Smith respecting my acts and 
duties as governor of California. 

* * * "On assuming command in this country as civil governor, I was 
directed to receive from Governor Mason all his instructions and 
communications, and take them for my guidance in the administration of 
civil affairs. Upon an examination of these instructions, and a full 
consultation with Governor Mason, I determined to continue the collection 
of the revenue till the general government should assume that power and to 
add the proceeds to the 'civil fund'--using that fund for the necessary 
expenses of the civil government. 

* * * "This 'civil fund' was commenced in the early part of 1847, and has 
been formed and used in the manner pointed out in the early instructions 
to the governor of this territory. The money has been collected and 
disbursed by the 'governor of California,' and by those appointed by him 
in virtue of his office. He is, therefore, the person responsible for this 
money, both to the government and the parties from whom it was collected; 
and it can be expended only on his order. Not a cent of this money has 
been collected under the authority of any department of the army; nor can 
any such department, or any officer of the army, simply in virtue of his 
military commission, have any control, direct or indirect, over it. 

* * * "No collectors in California now hold, or have ever held, any 
appointments, commissions, or authority from any military department; nor 
have they ever received any orders or instructions from such sources. All 
their powers have been derived from the governor of California and they 
have been subject to his orders only. ** * And I am both surprised and 
mortified to learn that, at this late hour, an attempt is to be made to 
remove this money from my control, and to place it at the disposition of 
officers who have had no responsibility in its collection, and who of 
right can exercise no authority over it. * * * If, however, it now be the 
general's wish to assume a military control of the collection of duties on 
imports into California, I will immediately discharge the collectors 
appointed by the governors of California, and surrender the entire 
direction of the matter to such military department or military officers 
as he may direct. But for the money which has already been collected by 
the civil officers under my authority, I alone am responsible; and until 
further instructions from Washington, I shall continue to hold it, subject 
to my orders only, and to expend, as heretofore, such portions of it as 
may be required for the support of the existing civil government. No 
military officer or military department will be allowed to exercise any 
control over it. 

* * * "I beg leave to remark, in conclusion, that while I shall always be 
most happy to receive the advice and suggestions of the commanding general 
of the division respecting my duties as civil governor of California, I 
must nevertheless be permitted to decide upon the measures of my own 
government; for as no military officer can be held accountable for my 
civil acts, so no such officer can exercise any control whatever over 
those acts. 

"Very respectfully, your obedient servant 
"B. RILEY, 
"Brevet Brig. Gen. U. S. Army 
and Governor of California. 
"Brevet Lieutenant Colonel J. HOOKER, 
"Assistant Adj. General, Pacific Division." 

The concluding sentence was called out by some remarks concerning his 
course with Indian affairs and the public lands. General Smith made 
several mistakes in California and one of them was when he attempted to 
interfere with the civil government of B. Riley. 

Riley notified the war department of this demand for the civil fund and 
forwarded copies of the correspondence, together with a full history of 
the fund. He expressed his opinion that the civil fund belonged to the 
people of California and recommended that such portions of the moneys so 
collected as should be left after defraying the expenses of the existing 
civil government, be given to California as a school fund, to be 
exclusively devoted to purposes of education. In his letter of October 1, 
1849, he stated that the convention called by him to frame a constitution 
had nearly completed its labors and that it had determined by unanimous 
vote that the new government organized under this constitution should go 
into operation as soon as convenient after its ratification by the people, 
without waiting for the approval of congress and the admission of 
California into the Union. He said that while doubting the legality of 
such a course, he should consider it his duty to comply with the wishes of 
the people and surrender his civil powers into the hands of the new 
executive, unless he received special orders from Washington to the 
contrary. The secretary of war wrote him, November 28th, that as the 
arrangement contemplated by him might already have been made any 
instructions from the department contrary to his views on the subject 
might militate against the peace and quiet of the community and be 
productive of evil; that the first consideration was the due observance of 
law and order, and this, it was hoped and believed, would be attained 
under the new order of things. The civil fund remaining in his hands he 
was directed to place in the safe keeping of the proper officers of the 
treasury department, to be held subject to the final disposition of 
congress. 

Riley was not a little criticised by the Americans for his strict 
adherence to what he considered his duty. They could not see it as he did 
and there was much loud talk about "military interference." This bluster 
affected him not at all. It was all a matter of course. Later, when they 
realized what he was doing for them, the tide began to turn. On October 
13th the constitution adopted by the convention called by General Riley 
was signed by the members. As they met for the last time they were called 
to order by William M. Steuart of San Francisco, the president, Dr. 
Semple, being sick. Steuart called John A. Sutter to the chair and taking 
the floor read the address to the people. As the last name was signed to 
the document the flag was run up the staff in front of the government 
building while the guns on the redout boomed thirty-zone times. Three 
times three cheers were given for the new star added to the constellation, 
and then the convention proceeded in a body to the governor, headed by 
Captain Sutter, who, in an address to his excellency, conveyed to him the 
thanks of the convention for the great and important services he had 
rendered to their common country and especially to the people of 
California; and the members of the convention he said, entertained the 
confident belief that when the governor returned from his official duties 
in California he would receive from the whole people of the United States 
that verdict so grateful to the heart of the patriot, "Well done, thou 
good and faithful servant." 

The bluff soldier was somewhat taken aback by this unexpected mark of 
respect. The tears in his eyes and the plain sincerity of his voice and 
manner went to the heart of every one present. "Gentlemen" said he, "I 
never made a speech in my life. I am a soldier--but I can feel; and I do 
feel deeply the honor you have this day conferred upon me. Gentlemen, this 
is a prouder day to me than that on which my soldiers cheered me on the 
field of Contreras. I thank you from my heart. I am satisfied now that the 
people have done right in selecting delegates to frame a constitution. 
They have chosen a body of men upon whom our country may look with pride; 
you have framed a constitution worthy of California, and I have no fear 
for California while her people choose their representatives so wisely. 
Gentlemen, I congratulate you upon the successful conclusion of your 
arduous labors, and I wish you all happiness and prosperity. Whatever 
success my administration has attained is mainly owing to the efficient 
aid rendered by Captain Henry W. Halleck, the secretary of state. To him 
should be the  applause. He has never failed me." 

In accord with his letter of October 1, 1849, to the war department, 
General Riley turned over to the constitutional governor, Peter F. 
Burnett, the civil power, and confined himself to his duties as commander 
of the Tenth military department. 

In person Riley was tall and rather slim. His iron grey whiskers were 
trimmed up to his eyes, while a scar upon his countenance added to his 
military aspect. His soldiers adored him and felt competent for anything 
if "old Riley," as they called him, was with them. He died June 6, 1853. 
{31st Cong. 1st. Ses. Ex. Doc. 17 Ho. of  Rep.; Sen. Doc. 52; Bayard 
Taylor: El Dorado; Heitman's Register; C. J. Peterson: Military Heroes of 
the War with Mexico; S. C. Foster: Angeles '47 to '49, MS.} 

Fortunate it was for California that at so critical a period in her 
history she was ruled by such men as Kearny, Mason, and Riley. High-
minded, intelligent, able, they stood like a stone wall against which the 
waves of anarchy, greed, and covetousness dashed in vain. They held the 
reins of government with firm hands, and in honesty, courage, and knightly 
character they represent the best traditions of the American army. 
California has not appreciated these men. Deceived by a loud clamor she 
has wandered away after strange gods and has bowed down in worship of 
unworthy and fustian heroes. {The late James Lick left in his will the sum 
of one hundred thousand dollars for a monument to be erected to the 
Pioneers of California. This monument was unveiled Thanksgiving Day, 
November 29, 1894. It is a group of bronze statuary in Marshall square, on 
Market street, San Francisco. It records the names of thirteen navigators, 
explorers, commanders, etc., but one looks in vain for the names of Anza, 
Kearny, Mason, or Riley.} 



NOTE 36. LEESE

Jacob Primer Leese was born in Ohio in 1809 and engaged in the Santa Fe 
trade in 1830. He first came to California from New Mexico in 1833 and did 
not remain but returned in July 1834, and settled in Los Angeles. He 
realized that a large and profitable business could be done in collecting 
hides and tallow for the American ships and in supplying the Californians 
with the goods brought by them. In looking over the field he decided that 
the bay of San Francisco offered the greatest facilities for a commercial 
city and in 1836 he formed a partnership with William S. Hinckley and 
Nathan Spear and, obtaining a hundred vara lot in Yerba Buena cove, built 
the first solid structure there, finished it before July 4, 1836, and 
celebrated Independence Day by giving a feast, dance, etc., to the people 
of the mission, presidio, and vicinity. The lot was on what was later the 
west side of Dupont street, from Sacramento to Clay, and the house stood 
on the southwest corner of Dupont and Clay streets--now the heart of 
Chinatown. This was the second grant made in Yerba Buena, the first being 
to William A. Richardson six days earlier. It was difficult for Leese to 
conduct his business so far from the water front and he obtained two fifty 
vara lots on Montgomery street, extending from Sacramento to Clay streets, 
and built a larger building, part wood and part adobe, which served him 
for store and dwelling. In 1838 the partnership with Hinckley and Spear 
was dissolved and Leese continued the business alone until 1841, when he 
sold out to the Hudson's Bay company and transferred his business and 
residence to Sonoma. He was thrown into prison by Fremont during the Bear 
Flag revolt without apparent reason save that he was married to a sister 
of General Vallejo. Leese was naturalized in 1836 and was granted other 
lots in Yerba Buena in 1840. In 1841 he was granted the Canada de 
Guadalupe y Rodeo Viejo y Visitacion, on the San Francisco peninsula, 
comprising eight thousand eight hundred and eighty acres in San Francisco 
and San Mateo counties, and also Huichica rancho of two square leagues, at 
Sonoma. The Visitacion rancho Leese exchanged for Ridley's Calloyomi 
rancho of three leagues, at Sonoma. In 1837 Leese married Maria Rosalia, 
daughter of Ignacio Vallejo and sister of General Mariano Guadalupe 
Vallejo. Of this marriage there was born April 15, 1838, Rosalia Leese, 
the first child born in Yerba Buena. She died in 1851. 

Dana, in the last edition of his book containing his revisitation of San 
Francisco in 1859, says: "In one of the parlors of the hotel, I saw a man 
of about sixty years of age, with his feet bandaged and resting on a 
chair, whom somebody addressed by the name of Lies (Leese). Lies! thought 
I, that must be the man who came across the country to Monterey while we 
lay there in the Pilgrim in 1835, and made a passage in the Alert, when he 
used to shoot with his rifle bottles hung from the top-gallant studding-
sail-boom ends. He married the beautiful Dona Rosalia Vallejo, sister of 
Don Guadalupe. There were the old high features and sandy hair. I put my 
chair beside him and began conversation, as one may do in California. Yes, 
he was Mr. Lies: and when I gave him my name he professed at once to 
remember me and spoke of my book." 

A son of Leese, Jacob R. Leese, born in Monterey April 15, 1839, married 
to a daughter of Jose Joaquin Estrada, is living in San Francisco. 



NOTE 37. STOCKTON AND THE CONQUEST OF CALIFORNIA

PROCLAMATION ISSUED JULY 23d, 1846 {Stockton's Life, 116-18.} 

"Californians: The Mexican government and their military leaders have, 
without cause, for a year passed been threatening the United States with 
hostilities. 

"They have recently, in pursuance of these threats, commenced hostilities 
by attacking, with 7,000 men, a small detachment of 2,000 United States 
troops, by whom they were signally defeated. 

"General Castro, the commander-in-chief of the military forces of 
California, has violated every principle of international law and national 
hospitality, by hunting and pursuing with several hundred soldiers, and 
with wicked intent, Captain Fremont of the United States army who came 
here to refresh his men, about forty in number, after a perilous journey 
across the mountains, on a scientific survey. 

"For these repeated hostilities and outrages, military possession was 
ordered to be taken of Monterey and San Francisco until redress could be 
obtained from the government of Mexico. 

"No let or hindrance was given or intended to be given to the civil 
authorities of the territory, or to the exercise of its accustomed 
functions. The officers were invited to remain, and promised protection in 
the performance of their duties as magistrates. They refused to do so, and 
departed, leaving the people in a state of anarchy and confusion. 

"On assuming the command, of the forces of the United States on the coast 
of California both by land and sea, I find myself in possession of the 
ports of Monterey and San Francisco, with daily reports from the interior 
of scenes of rapine, blood, and murder. Three inoffensive American 
residents of the country have, within a few days been murdered in the most 
brutal manner; and there are no California officers who will arrest and 
bring the murderers to justice, although it is well known who they are and 
where they are. 

"I must therefore, and will as soon as I can, adopt such measures as may 
seem best calculated to bring these criminals to justice, and to bestow 
peace and good order on the country. 

"In the first place, however, I am constrained by every principal of 
national honor, as well as a due regard for the safety and best interests 
of the people of California, to put an end at once and by force to the 
lawless depredations daily committed by General Castro's men upon the 
persons and property of peaceful and unoffending inhabitants. 

"I cannot, therefore, confine my operations to the quiet and undisturbed 
possession of the defenceless ports of Monterey and San Francisco, whilst 
the people elsewhere are suffering from lawless violence; but will 
immediately march against those boasting and abusive chiefs who have not 
only violated every principle of national hospitality and good faith 
towards Captain Fremont and his surveying party, but who, unless driven 
out, will, with the aid of hostile Indians, keep this beautiful country in 
a constant state of revolution and blood; as well as against all others 
who may be found in arms, aiding or abetting General Castro. 

"The present general of the forces of California is a usurper; has been 
guilty of great offenses; has impoverished and drained the country of 
almost its last dollar; and has deserted his post now when most needed. 

"He has deluded and deceived the inhabitants of California, and they wish 
his expulsion from the country. He came into power by rebellion and force, 
and by force he must be expelled. Mexico appears to have been compelled 
from time to time to abandon California to the mercies of any wicked man 
who could muster one hundred men in arms. The distances from the capital 
are so great that she cannot, even in times of great distress, send timely 
aid to the inhabitants; and the lawless depredations upon their persons 
and property go invariably unpunished. She cannot or will not punish or 
control the chieftains who, one after the other, have defied her power, 
and kept California in a constant scene of revolt and misery. 

"The inhabitants are tired and disgusted with this constant succession of 
military usurpers, and this insecurity of life and property. They invoke 
my protection. Therefore upon them I will not make war. I require, 
however, all officers, civil and military, and all other persons to remain 
quiet at their respective homes and stations, and to obey the orders they 
may receive from me or by my authority; and if they do no injury or 
violence to my authority none will be done to them. 

"But notice is hereby given, that if any of the inhabitants of the country 
either abandon their dwellings, or do any injury to the arms of the United 
States, or to any person within this territory, they will be treated as 
enemies, and suffer accordingly. 

"No person whatever is to be troubled in consequence of any part he may 
heretofore have taken in the politics of the country, or for having been a 
subject of General Castro. And all persons who may have belonged to the 
government of Mexico, but who from this day acknowledge the authority of 
the existing laws, are to be treated in the same manner as other citizens 
of the United States, provided they are obedient to the law and to the 
orders they shall receive from me or by my authority. 

"The commander-in-chief does not desire to possess himself of one foot of 
California for any other reason than as the only means to save from 
destruction the lives and property of the foreign residents, and citizens 
of the territory who have invoked his protection. 

"As soon, therefore, as the officers of the civil law return to their 
proper duties, under a regularly organized government, and give security 
for life, liberty, and property alike to all, the forces under my command 
will be withdrawn, and the people left to manage their own affairs in 
their own way. 

"R. F. STOCKTON, 
"Commander-in-chief." 

According to this warlike lord the military possession of Monterey and San 
Francisco was ordered because of the hunting and pursuing by General 
Castro with several hundred soldiers, and with wicked intent, of a 
peaceable young engineer who, in the prosecution of a scientific survey, 
had come into California to refresh his men after a perilous journey 
across the mountains, and these possessions were to be retained until 
redress could be obtained from the government of Mexico. Commodore Sloat 
who had been furnished with a copy of the proclamation as he was about to 
sail, notified the secretary of the treasury that the proclamation did not 
contain his reasons for taking possession of or his views or intentions 
towards California, and consequently it did not meet his approbation. The 
whole proclamation with its recital of daily reports of scenes of rapine, 
blood, and murder; of the lawless depredations daily committed by General 
Castro's men upon peaceful and unoffending inhabitants; with its 
denunciation of the usurper, General Castro, who, unless driven out, 
would, with the aid of hostile Indians, keep the country in a state of 
revolution and blood; with its tales of revolt and misery, is absurd, 
false in its premises, bombastic in its utterances, offensive, and 
undignified. 

Stockton reported that the position he was about to occupy was an 
important and critical one calling for prompt and decisive action, in the 
face of difficulties almost insuperable. According to Stockton the 
sanguinary feeling of resentment everywhere breathed against foreigners, 
threatened them with total extermination. That the local legislature was 
in session and that Governor Pio Pico had assembled a force of about seven 
hundred or one thousand men, supplied with seven pieces of artillery, and 
was breathing vengeance against the perpetrators of the insult and injury 
which they supposed had been inflicted. The situation had assumed a 
critical and alarming appearance. Every citizen and friend of the United 
States was in imminent jeopardy. Numerous emigrants from the United 
States, marching in small, detached parties, encumbered with their wives 
and children and baggage, unprepared for attack, were exposed to certain 
destruction. The public lands were being disposed of and the necessity of 
prompt action became an imperative duty. 

The energetic commodore lost no time in proceeding against his powerful 
and exasperated foe. Sending Fremont with his battalion to San Diego, he 
sailed for San Pedro, landed three hundred and fifty men and marched 
against the combined armies of Pico and Castro at Los Angeles, now 
reduced, as Castro says, to less than one hundred men. Completing a 
bloodless conquest he announced the end of the war and returned to the 
north. The account of the revolt with its accompanying bloodshed has been 
told in the notes on Kearny and Fremont. 

Relieved in January 1847 by Commodore Shubrick, Stockton went east by the 
overland route in July. In 1849 he resigned his commission and in 1851-2 
represented New Jersey in the United States Senate. He was a brave man, 
resolute and energetic, but his vanity and eagerness for applause led him, 
at times, far astray. In his thirst for glory he magnified the 
difficulties of his position in California and in ignoring the pacific 
policy of Sloat and Larkin, and espousing the cause of Fremont and 
Gillespie and supporting their filibustering plans, he pursued a course 
towards the authorities and people of California, which, combined with the 
acts of the volunteers, caused the only serious resistance in California 
to the American occupation. As General Kearny said, in referring to this 
matter, "Had they (the Californians) not resisted they would have been 
unworthy the name of men." {31st Cong. 1st. Ses. House Ex. Doc. 1. 
Stockton's report, 34-5.} 



NOTE 38. WOODWORTH

Selim E. Woodworth was a son of the poet, Samuel Woodworth, author of "The 
Old Oaken Bucket." He was born in the city of New York November 15, 1815. 
In 1834 he sailed from New York with Captain Benjamin Morrell, whose visit 
to California in 1825 has been noted, on a three years' cruise to the 
South Pacific. The ship was lost on the coast of Madagascar and all on 
board perished except Selim and one sailor. Selim was protected by a 
native woman and after some time got away on a whaler, reaching home after 
having been given up for dead. In 1838 he was appointed midshipman in the 
navy and April 1, 1846, he obtained leave of absence and took the Oregon 
trail for the settlements on the Columbia river. From Oregon he came to 
San Francisco in the winter of 1846-7, and after his service on the Donner 
relief he was ordered to the sloop-of-war Warren and later to the command 
of the transport Anita. In 1849 he was elected to the state senate from 
Monterey and resigned his commission in the navy. On the breaking out of 
the war of secession he offered his services to the government and served 
throughout the war, reaching the rank of commodore. He resigned in 1867 
and returned to San Francisco where he died in 1871. Selim Woodworth built 
the first house in San Francisco on a water lot. It was on the north side 
of Clay street at the water's edge, on the spot later occupied by the Clay 
street market; here Selim and his brother Fred lived and carried on a 
commission business. All through his life in California Selim Woodworth 
was foremost in acts of charity, and in protection of life and property. 
He was small in stature but had the courage of a lion. He was president of 
the vigilance committee of 1851, and in 1854 had a shooting box on Red 
Rock, a tiny islet midway between San Francisco and San Pablo bays. Selim 
and his brother Fred owned the lot on the corner of Market and Second 
streets and during the squatter troubles were obliged to camp on the 
ground, which was a sandhill, and defend their property with shot guns. 
This lot formed a part of the site covered by the Grand hotel. 

Selim Woodworth's son, Selim II, graduated at Annapolis and served in the 
navy. He married his cousin, a daughter of James S. Wethered, and died a 
few years ago on a Kosmos steamer en route to South America. A widow and 
three children survive him, one being Selim III. 



NOTE 39. SAM BRANNAN

Samuel Brannan, Mormon elder and chief of the ship Brooklyn colony, was 
born in Saco, Maine, March 2, 1819. In 1833 he removed to Ohio, where he 
learned the trade of printer, and for five years from 1837 visited most of 
the states of the Union as a journeyman printer. In 1842 he joined the 
Mormons, and for several years published the New York Messenger and later 
the Prophet, organs of the Mormon church. Of the Mormon scheme to colonize 
California Brannan was an integral part and had charge of the New York end 
of it. In pursuance of the plan Brannan chartered the ship Brooklyn, three 
hundred and seventy tons, and sailed from New York February 4, 1846, for 
San Francisco, with two hundred and thirty-eight men, women, and children, 
the first installment of the Mormon colony. He brought his printing press, 
types, and a stock of paper; flour mill machinery, plows and other 
agricultural implements, and a great variety of articles such as would be 
useful in a new country. At Honolulu where the ship arrived in July, 
Brannan purchased one hundred and fifty stands of arms to provide for the 
probable chances of war between the United States and Mexico. On the 31st 
of July 1846, the Brooklyn arrived at San Francisco and the passengers 
immediately landed and squatted among the sand-hills of the beach. They 
were anxious to work and were ready to accept any that was offered; glad 
to make themselves useful--the women as well as the men--and a party of 
twenty was sent into the San Joaquin valley to prepare for the great body 
of the saints that were coming overland. 

On January 7, 1847, Brannan brought out the first number of the California 
Star, edited by Dr. E. P. Jones, the second newspaper published in 
California, the first being the Californian, published by Walter Colton 
and Dr. Robert Semple, in Monterey. 

Sam Brannan preached on Sundays and during the week engaged in all sorts 
of business and political activities, and was from the first, a leading 
man in San Francisco. As a preacher he was fluent, terse, and vigorous, 
and he conducted the first Protestant service held in San Francisco August 
16, 1846, in Richardson's casa grande on Dupont street. 

In the spring of 1847, Brannan went east to meet Brigham Young and the 
main body of the Mormon migration. He met them in the Green river valley 
and came on with them to Salt Lake. He was much displeased with their 
decision to remain and found a city in the Salt Lake valley and he 
returned to California. 

In 1847 Brannan established a store at Sutter's fort, or New Helvetia, and 
furnished on Sutter's account the supplies for Marshall, Weimer, and 
Bennett, the men who were putting up the mill for Sutter on the South 
fork, and after the discovery of gold he put up a store at the mill which 
he named Coloma after the Indians who lived there, and also one at Mormon 
island which he named Natoma, after the name of the tribe there. A large 
number of Mormons were engaged in mining on the American river and Brannan 
insisted on their paying over to him, as head of the Mormon church in 
California, the ten per cent claimed by the church. W. S. Clark of Clark's 
Point, San Francisco, a Mormon elder, said to Governor Mason, "Governor, 
what business has Sam Brannan to collect tithes of us?" The governor 
replied: "Brannan has a perfect right to collect the tax if you Mormons 
are fools enough to pay it." "Then," said Clark, "I, for one, won't pay it 
any longer." {Sherman: Memoirs, 53. Clark denied he ever was a Mormon.} 

Through his mining operations at Mormon island, the enormous profits of 
his stores at Sacramento, Natoma, and Coloma, and the increase in value of 
his real estate in San Francisco, Brannan became the richest man in 
California. There was scarcely an enterprise of moment in which he did not 
figure and he was as famous for his charity and open-handed liberality as 
for his enterprise. He was straightforward in his dealing and had the 
respect and confidence of the business community. Mingling in California 
with men of affairs, of education and refinement, he abandoned his Mormon 
religion. In ridding San Francisco of the thieves, gamblers, and 
desperadoes that infested it none was more active, outspoken, and fearless 
than Brannan, and he lashed the malefactors and their official supporters 
with a vigor of vituperation that has rarely been equaled. 

In company with Peter F. Burnett and Joseph W. Winans he established in 
1863 the first chartered commercial bank in California, the Pacific 
Accumulation and Loan Society, the name being afterwards changed to 
Pacific Bank. His later years were marred by the habit of drink to which 
he gave himself up and which greatly affected his excellent business 
faculty. Unlucky speculations made inroads upon his fortune and his vast 
wealth melted away. He was divorced from his wife whom he had married in 
1844 and who came with him on the Brooklyn. About 1880 he obtained a grant 
of land in Sonora, in return for help rendered the Mexican government 
during the French invasion, and thither he removed and embarked on a large 
colonization scheme; but his old time energy was gone. He died in 
Escondido, Mexico, May 5, 1889. 



NOTE 40. THE CLAIM OF CAPTAIN PHELPS
 
The bill of Captain Phelps for this service is as follows: 

"The United States 
"To WM. D. PHELPS, Dr. 

"For services of himself, crew and boats of the barque Moscow, of Boston, 
of which he was part owner and in command, and being agent for all other 
owners, and for the risk and hazard incident to such service, in 
transporting Captain J. C. Fremont and a detachment of men under his 
command to a fort on the opposite side of the bay and entrance to the port 
of San Francisco in Upper California in July, 1846, and aiding him in 
capturing and dismantling the said fort, and spiking the guns thereof, 
consisting of three brass and seven iron cannon, of heavy calibre, and 
part of which were afterwards taken on board the United States ship 
Portsmouth, by order of Captain J. B. Montgomery, U. S. Navy. 
"$10,000 

"WILLIAM D. PHELPS." 

Sworn to by the claimant. 

To this bill Captain Fremont gives the following approval: 

"I certify that Captain William D. Phelps did transport a party of men 
under my command to the fort near the Presidio, at the entrance to the bay 
at San Francisco, under the circumstances narrated in the above 
deposition; that he aided in dismantling the fort, and that I have always 
considered his services on that occasion to have been very valuable to the 
United States. 
"JOHN C. FRÉMONT. 
"Washington City, August 5, 1853." 

In 1852 Congress passed a bill directing the secretary of war to appoint a 
board of three commissioners to settle the California claims, and in 
addition to Fremont' s certificate, as above, the board examined Major 
Gillespie who expressed the following opinion of the service rendered and 
the value thereof: 

"I hereby certify that in July 1846, Captain W. D. Phelps did transport a 
party of men under the command of John C. Fremont from Sausalito across 
the bay of San Francisco (seven miles) to the fort at Yerba Buena, 
commanding the entrance to the harbor, for the purpose of spiking the guns 
of the fort, which was in a very dismantled condition and could not have 
been occupied without having been almost entirely rebuilt. There was no 
enemy present, and the sole object Captain Fremont had in view was to 
prevent the Californians from using the guns at any future time. There was 
no risk or personal danger incurred, and the service would be well paid 
for at fifty dollars. 
"ARCHI. W. GILLESPIE, 
"Bvt. Major U. S. M. Corps. 
"Washington, September 19, 1853." 

This estimate was corroborated by other testimony and the board 
unanimously voted to allow fifty dollars for the service, and that sum was 
accordingly paid.