FREMONT 479 in arms, flocked to Fremont's camp, and un- der his leadership the result was that in less than a month all northern California was freed from Mexican authority. On July 4 Fre- mont was elected governor of California by the American settlers. On the 10th of that month he learned that Commodore Sloat, who commanded the United States squadron on the coast, had taken possession of Monterey. Fre- mont proceeded to join the naval forces, and reached Monterey with 160 mounted riflemen on the 19th. Commodore Stockton about the same time arrived at Monterey with the frigate Congress, and took command of the squadron, with authority from Washington to conquer California. At his request Fremont, who had been promoted (May 27) to the rank of lieu- tenant colonel, organized a force of mounted men, known as the "California battalion," of which he was appointed major. He was also appointed by Com. Stockton military commandant and civil governor of the terri- tory, the project of making California inde- pendent having been relinquished on receipt of intelligence that war had broken out be- tween the United States and Mexico. On Jan. 13, 1847, he concluded with the Mexicans arti- cles of capitulation which terminated the war in California, and left that country permanently in the possession of the United States. Mean- time Gen. Kearny, with a small force of dra- goons, had arrived in California. A quarrel soon broke out between him and Com. Stock- ton as to who should command. They each had instructions from Washington to conquer and organize a government in the country. Fre- mont had accepted a commission from Com. Stockton as commander of the battalion of volunteers, and had been appointed governor of the territory. Gen. Kearny, as Fremont's superior officer in the regular army, required him to obey his orders, which conflicted with those of Com. Stockton, whose authority Fre- mont had already fully recognized as com- mander-in-chief of the territory ; an authority which had also been admitted by Gen. Kear- ny for a considerable period after his arri- val. In this dilemma Fremont concluded to obey the orders of Com. Stockton. Despatches from Washington received in the spring of 1847 terminated this conflict of authorities by directing Com. Stockton to relinquish to Gen. Kearny the supreme command in California. Fremont hesitated no longer to place himself under Gen. Kearny's orders, who in June set out overland for the United States, ordering Fremont to accompany him, and treating him with deliberate disrespect throughout the journey, until at Fort Leavenworth, Aug. 22, he put him under arrest, and directed him to go to Washington and report himself to the adjutant general. He arrived at Wash- ington Sept. 10, and immediately asked for a speedy trial on Gen. Kearny's charges. Ac- cordingly a court martial was held, beginning Nov. 2, 1847, and ending Jan. 31, 1848, which 338 VOL. vii. 31 found him guilty of "mutiny," "disobedience ot the lawful command of a superior officer " and "conduct to the prejudice of good order and military discipline," and sentenced him to be dismissed from the service. A majority of the members of the court recommended him to the clemency of President Polk. The presi- dent refused to confirm the verdict of mutiny but approved the rest of the verdict and the sentence, of which, however, he immediately remitted the penalty. Fremont declined to avail himself of the president's pardon, and forthwith resigned his commission as lieu- tenant colonel. On Oct. 14, 1848, Fremont started on a fourth expedition across the con- tinent, at his own expense. With 33 men and 120 mules he made his way along the upper waters of the Rio Grande through the country of the Utes, Apaches, Comanches, and other Indian tribes, then at war with the United States. His object was to find a practicable passage by this route to California. In at- tempting to cross the great Sierra, covered with snow, his guide lost his way, and Fre- mont's party encountered horrible suffering from cold and hunger, a portion of them being driven to cannibalism. All of his animals and one third of his men perished, and he was forced to retrace his steps to Santa F6. Un- daunted by this disaster, he gathered another band of 30 men, and after a long search dis- covered a secure route, which conducted him eventually to the Sacramento in the spring of 1849. He now determined to settle in Cali- fornia, where in 1847 he had bought the Mari- posa estate, a very large tract of land, contain- ing rich gold mines. His title to this estate was contested, but after a long litigation it was decided in his favor in 1855 by the supreme court of the United States. In 1849 he re- ceived from President Taylor the appointment of commissioner to run the boundary line be- tween the United States and Mexico. The legislature of California, which met in Decem- ber, 1849, elected him on the first ballot one of the two senators to represent the new state in the senate of the United States. He conse- quently resigned his commissionership, and de- parted for Washington by way of the isthmus. He took his seat in the senate Sept. 10, 1850, the day after the admission of California as a state. In drawing lots for the terms of the respective senators, Fremont drew the short term, ending March 4, 1851. The senate re- mained in session but three weeks after the admission of California, and during that period Fremont devoted himself almost exclusively to measures relating to the interests of the state he represented. For this purpose he intro- duced and advocated a comprehensive series of bills, 18 or 20 in number, embracing almost every object of legislation demanded by the peculiar circumstances of California. In the state election of 1851 in California, the party which had opposed the introduction of slavery, and had placed the proviso against it in the
