[19.] Kearny claimed the right to govern, but Stockton and Frémont insisted that his instructions to take possession of California and establish a civil government there had been made obsolete by events. Kearny perforce accepted the situation for a time, and with his dragoons went north at the end of January. The friction between him and Frémont was acute. Finally, when both were on their way east, Kearny had Frémont arrested. On charges—essentially insubordination—preferred by the General, Frémont was tried by a court-martial and sentenced to be dismissed from the army ([65]adj. gen., orders, Feb. 17, 1848). Polk remitted the sentence, but Frémont resigned. This controversy having been merely incidental to the war, more space cannot be given to it; but, as the opinion of the author may be desired, he will say, after reviewing all the documents of the case, that he thinks Frémont was a provokingly unprincipled and successful schemer, and that Kearny showed himself grasping, jealous, domineering and harsh.
[20.] The Mormons were free July 16, 1847, and but one company could be recruited from the battalion. This served till March 14, 1848. A part of the New York regiment was sent to Lower California (chap. xxx, [note 28], and the gold-diggings led some to desert. February 1, 1848, Mason had only 621 effectives ([61]Mason to adj. gen., Feb. 1, 1848).
[21.] California. (This note, as written, included nearly two hundred items; but, as the subject concerns the history of the Mexican War only incidentally, it has been condensed.) Reports from military and naval officers in the adjutant general’s office and the navy (squadron and captains’ letters) archives. 323–5Stevenson, letter book, gen. order book, regtal. ord. book. Colton, Three Years, 24, 32, 155, 172, 175. Cooke, Conquest, 45, etc. Ho. 70; 30, 1, pp. 28, etc. Ho. 60; 30, 1, pp. 160, 229, 242, 245–6. Benton, View, ii, 715, 718. Clark, First Regt., 12, etc. [316]Sherman papers. Sen. 1; 29, 2, pp. 49–50, 65. Calif. Star, Mar. 6, 1847. London Times, Aug. 13–4, 1846. Sen. 1; 30, 1, pp. 55–7, 947. Sherman Letters, 39. Wise, Gringos, 47, etc. Hughes, Doniphan’s Exped., 204–30, 244–8. [256]Marcy papers. [247]Larkin papers. Bancroft, Pacific States, xii, 478; xvii, 417, etc. [4]Amador, Memorias, 172. [122]Bidwell, California, 180. [210]Hammond papers. Annals Amer. Acad., xii, 70–1 (R. D. Hunt). [349]Watterston papers. [120]Biddle papers. Cutts, Conquest, 65, 71, 123, 164, 248. Wash. Union, Sept. 30; Dec. 9, 1846. N. Y. Journ. of Commerce, Dec. 30, 1846. Diario, Oct. 16, 1846. Cong. Globe, 30, 1, p. 604 (Benton). Annals of the Am. Acad., xii, 71 (Hunt). Nat. Intelligencer, Sept. 22, 1846. Buchanan, Works, vii, 332. [132]Buchanan papers. Hall, S. José, 154–6. Sherman, Home Letters, 96, 113. Id.., Mems., i, 29, 34, 56. Niles, Aug. 29, p. 416; Sept. 12, 1846, p. 20; Oct. 23, 1847, p. 115. Sen. 33; 30, 1. Ho. Rep., 817; 30, 1. Sen. 439; 29, 1. Ho. 17; 31, 1. Ho. 1; 30, 2, pp. 47, 51, 53, etc., 1037, 1069. Revere, Tour, 78. Sen. 7; 30, 1. Sen. Rep. 75; 30, 1, pp. 14–5. Sen. 31; 30, 2, pp. 23, 28–30. Sen. 18; 31, 1, pp. 398–401. Tuthill, Calif., 208–13. Schafer, Pacific Slope, 269. Porter, Kearny, 31. Willey, Trans. Period, 66, 70. Royce, Calif., 197. [120]Cits. to Biddle, Mar. 2, 1847. Tyler, Concise Hist., 202–52, 277, 288. Stockton, Life, 158. [372]Hyde, statement. [70]“Californias” (see Richman, California, for many of the most important). [76]Pérez, Oct. 22. [76]Comadurán to comte. gen. Sonora, Nov. 14; to Cooke, Dec. 16. [76]Id.., Nov. 21; Dec. 17. [76]Cooke to Gándera, Dec. 18. [76]Cuesta, Dec. 30, 1846; July 23, 1847. [76]Estado, Tucson, Dec. 3, 1846. [76]Limón to Cooke, [Dec. 16]; reply, [Dec. 16]. [76]Cuesta to mil. comte. Arispe, Dec. 18. [76]Vanguard section, estado, Dec. 23; etc.
For the Mormons see vol. i, p. 290. P. St. G. Cooke, acting as It. col., led the Mormon battalion from Santa Fe, New Mex., to California.
[22.] “Head Quarters of the Army, Tampico, February 19, 1847. General Orders, no. 20. 1. It may well be apprehended that many grave offences not provided for in the act of Congress ‘establishing rules and articles for the government of the armies of the United States,’ approved April 10, 1806, may be again committed—by, or upon, individuals of those armies, in Mexico, pending the existing war between the two Republics. Allusion is here made to atrocities, any one of which, if committed within the United States or their organized territories, would, of course, be tried and severely punished by the ordinary or civil courts of the land. 2. Assassinations; murder; malicious stabbing or maiming; rape; malicious assault and battery; robbery; theft; the wanton desecration of churches, cemeteries or other religious edifices and fixtures, and the destruction, except by order of a superior officer, of public or private property, are such offences. 3. The good of the service, the honor of the United States and the interests of humanity, imperiously demand that every crime, enumerated above, should be severely punished. (Paragraphs 4–6 demonstrate the necessity of a code supplemental to the rules and articles of war.) 7. That unwritten code is Martial Law, as an addition to the written military code, prescribed by Congress in the rules and articles of war, and which unwritten code, all armies, in hostile countries, are forced to adopt—not only for their own safety, but for the protection of the unoffending inhabitants and their property, about the theaters of] military operations, against injuries contrary to the laws of war. 8. From the same supreme necessity, martial law is hereby declared, as a supplemental code in, and about, all camps, posts and hospitals which may be occupied by any part of the forces of the United States, in Mexico, and in, and about, all columns, escorts, convoys, guards and detachments, of the said forces, while engaged in prosecuting the existing war in, and against the said republic. 9. Accordingly, every crime, enumerated in paragraph No. 2, above, whether committed—1. By any inhabitant of Mexico, sojourner or traveller therein, upon the person or property of any individual of the United States’ forces, retainer or follower of the same; 2. By any individual of the said forces, retainer or follower of the same, upon the person or property of any inhabitant of Mexico, sojourner or traveller therein, or 3. By any individual of the said forces, retainer or follower of the same, upon the person or property of any other individual of the said forces, retainer or follower of the same—shall be duly tried and punished under the said supplemental code. 10. For this purpose it is ordered, that all offenders, in the matters aforesaid, shall be promptly seized and confined, and reported, for trial, before Military Commissions to be duly appointed as follows: 11. Every military commission, under this order, will be appointed, governed and limited, as prescribed by the 65th, 66th, 67th, and 97th, of the said rules and articles of war, and the proceedings of such commissions will be duly recorded, in writing, reviewed, revised, disapproved or approved, and the sentences executed—all, as in the cases of the proceedings and sentences of courts-martial; provided, that no military commission shall try any case clearly cognizable by any court-martial, and provided also that no sentence of a military commission shall be put in execution against any individual, whatsoever, which may not be, according to the nature and degree of the offence, as established by evidence, in conformity with known punishments, in like cases, in some one of the States of the United States of America. 12. This order will be read at the head of every Company serving in Mexico.” This order helps to explain the later improvement at the north which we have noted.
[23.] The ordinary safeguard ran thus: “By authority of ... The person, the property, and the family of ... [or such a college, mill, etc., and the persons and things belonging to it] are placed under the safeguard of the United States. To offer any violence or injury to them is expressly forbidden; on the contrary, it is ordered that safety and protection be given to him, or them, in case of need.” Safeguards were given to towns also. The following is a specimen: “Safeguard. Office of the Civil & Military Governor, Puebla, 22nd January, 1848. Whereas the Municipality of the town of San Martin, on the main road to Mexico, has presented a Solicitation to this Government with regard to certain permissions and protection this Safeguard is given to said Municipality in the following terms.—1. The authorities and inhabitants of San Martin, their families and private property are placed under the protection of the United States forces, as long as they remain quiet, neutral and peaceable and will therefore be left unmolested and not interfered with by the troops and followers of the United States army. On the contrary their civil authorities will be respected, and protection and assistance will be given to them such as they should need or claim.—2. All honorable and peaceable inhabitants guaranteed to be such by the Municipality have permission to carry arms for the defence of the community, their persons and their property against robbers.—3. They are allowed to organize a neutral police force of twenty five armed and mounted men for protection of the town against robbers and for assisting the authorities in executing their duties, the criminals taken prisoners by them to be delivered over to the Governor of Puebla.—4. Permission is likewise granted to said authorities and inhabitants to defend themselves against any one who comes to plunder, rob or attack them, may he be robber, guerrillero [i.e., “guerilla”], or an American soldier.—5. The Municipality of San Martin has permission, to arrest and remit to their commanding officers all American soldiers, they may find within the district of San Martin, drunk dispersed or deserters.—6. It is strictly prohibited to the troops and followers of the United States army to open the prison at San Martin and put the criminals in liberty.—7. A copy of this Safeguard has been forwarded to the General in chief of the United States forces in order to communicate it to the commanding officers of the army, and of divisions, which have to pass by San Martin. Another copy has been remitted to the commanding officer of the military post at Rio Frio.—”
[24.] Numerous large monasteries, occupied by only a few monks, were found useful, and the use of them for such a purpose gave no offence (Scott, Mems., ii, 580).
[25.] Scott’s policy. Scott, Mems., ii, 393–6, 547–9, 580. Hitchcock in Republic, Feb. 15, 1851. Lawton, Artillery Officer, 147. [69]Safeguard. [60]Scott, May 26, 1846. [65]Gen. orders 20, Feb. 19, 1847. Ho. 60; 30, 1, p. 873. Sen. 1; 29, 2, p. 55. So. Qtrly. Review, Jan., 1852, p. 133.
[26.] Scott called upon “the 97 honorable men in every 100” to seize in the act and report the “scoundrels” committing outrages (Ho. 60; 30, 1, p. 914). He thus enlisted, he believed, the coöperation of “thousands of good soldiers” ([60]to Marcy, Apr. 5, 1847). As in civil life, it was of course impossible to apprehend all the criminals.
[27.] The impracticable attempt to keep liquor out of the city was not tried here. A system of license and supervision was adopted. April 1 two taverns were authorized to sell liquor (to be used on the premises).