Very different was the scene in California. Soon after the treaty of Cahuenga was made Stockton returned to his naval duties, and Frémont, appointed by him under the law of nations, assumed the governorship.[19] In February, 1847, however, orders that had been issued at Washington early in November, directing that the chief military officer should take command, reached San Francisco, and about the first of March Kearny became the executive. In general he was inclined to be less indulgent than Frémont or Sloat, but he intended to be fair and kind. “The Americans and Californians,” he proclaimed with the same exaggeration of his authority as at Santa Fe, “are now but one people; let us cherish one wish, one hope, and let that be for the peace and quiet of our country. Let us as a band of brothers unite and emulate each other in our efforts to benefit and improve this our beautiful, and which soon must be our happy and prosperous home.”[21]
At the end of May, 1847, he returned to the east, and Colonel R. B. Mason of the First Dragoons, whom the government had sent out for the purpose, became governor and commander-in-chief. Mason was an excellent executive, able, experienced, sensible, strong and faithful. Some thought his character hard, but probably all clear-headed persons realized that it was just. He believed in firm though kind methods, avoided entanglements, and bore sway successfully till the close of the war.[21]
The restless faction of the Los Angeles district, free from the restraint of a large American element, still existed, and at intervals caused considerable anxiety. Indeed it is clear from Mexican sources that a hope of troops from the south was fondly cherished there for a long time. The approach of the Mormon battalion, which—after suffering many hardships on the route from Santa Fe—arrived at San Diego under Captain Cooke in January, 1847, excited the people, for that sect was loathed in California. A great deal of trouble about land titles arose, for the surveying had been poorly done, the boundaries overlapped in many instances, and few had the proper documents. Frémont’s volunteers, expecting large pay, refused to be mustered into the service under the law of May 13, 1846, and were discharged in a very angry frame of mind, April, 1847, with no pay at all; and very little was done toward compensating the people for the spoliations committed by the volunteers.[21]
The government, though tempered by the maintenance of the alcalde system, was necessarily a military one; the old alcaldes, familiar with the customs of the land, would not serve; the new ones, though generally good men, could not always give satisfaction; and the growing American element, disgusted with so unsystematic a system, demanded self-government and written laws. No funds could legally be had for the expenses of war and civil administration except those derived from the customhouses, and the Americans were so deeply committed by their promise of low duties that Mason felt compelled to reduce the tariff explicitly ordered by the government. There were jealous differences of opinion on many points between the Californians and the Americans, between the various nationalities of the foreigners, and between the old and the new immigrants; and finally the people were disturbed by serious quarrels between the Stockton-Frémont party and the Kearny-Mason party, and by the old fear that eventually the Americans would sail away, leaving them to settle with Mexico as best they could.[21]
For troops, besides Company C of the First Dragoons, Kearny’s escort from Santa Fe, there were Company F of the Third Artillery, which arrived in February, 1847, the Mormon battalion, and a regiment of New York volunteers under Colonel J. D. Stevenson, who came in March, 1847, and were expected to remain in California as settlers after the close of the war.[20] Apparently the Mormons were to be a source of weakness rather than strength, and the antecedents of the New York regiment inspired little confidence. Stevenson’s men did in fact begin promptly to “sow wild oats.” They were not disposed to work on the fortifications, and they were insubordinate. But under Mason’s control they soon learned to do well, and he reported that at the close of the war “one common cry of regret arose [from the Californians] at the order for their disbandment; [and] the little petty causes of complaint were forgotten in the remembrance of the more substantial advantages they had enjoyed under the protection of the military.” The conduct of the Mormons was always exemplary and they won the esteem of the people.[21]
Imported articles became cheap. Real estate and all the products of the soil, particularly at the north, increased in value. Commerce trebled in a year. All damages caused by men recognized as in the service of the United States were repaired, and the offenders punished. The return of José Castro without means or hopes at the beginning of 1848 produced an excellent effect. Gold-digging became more attractive than conspiracies. And although a certain number of irreconcilables cherished regrets and grievances, the official news of peace and absorption in the United States—which came on the evening of August 6, 1848—greeted a busy and hopeful community.[21]
So much for the north, and we pass now to the régime of Scott. After learning of the atrocities perpetrated on the Rio Grande, that “scientific and visionary” officer drafted and laid before the secretary of war a martial-law order, to be enforced in Mexico until action should be taken by Congress. But the idea of putting constraint on the free American voter probably struck Marcy with terror. He started at the title, said nothing, and after a while returned the paper without comment. Scott then sent it on to Taylor, and was informed that the General threw it aside almost instantly, calling it “another of Scott’s lessons.” The crying need of some adequate method for punishing American soldiers in foreign parts compelled Marcy in December to recommend that Congress authorize a military tribunal; but that body also doubtless had an eye to votes, and took no action.[25]
SCOTT’S POLICY
Scott, however, though an aspirant for the Presidency, did not shrink from his duty, and on arriving in Tampico he issued General Orders 20, which threw the pale of martial law round all United States forces operating in Mexico, and provided for the punishment, through “military commissions,” of offences committed by, in or upon them.[22] Orders 20, republished at Vera Cruz, Puebla and the capital and widely circulated in Spanish, were supplemented by issuing safeguards, under which one or more soldiers, bearing a proper document signed by a corps or division commander, could be quartered at any place which it was especially for the interest of the army to protect.[23] In occupying towns the rule was to billet no officer or man, without consent, upon any inhabitant, and to quarter the troops in barracks and other public buildings already used for the purpose by the Mexican government.[24] These arrangements, the practice of paying for everything used by the army, the principle of treating non-combatant Mexicans as fellow-citizens, and a strenuous endeavor to enlist the coöperation of all the decent men of the army in the suppression of outrages constituted the system of Scott.[25]
At Vera Cruz misdeeds were perpetrated, of course, but the culprits who could be detected paid a price for their sport that put the fear of the Lord—or at least of Scott—into the hearts of others. One tipsy fellow, who nearly killed a Mexican woman with kicks and blows, was strapped over a wagon, given twelve good lashes, and then placed at labor in a fort with a ball-and-chain for the rest of the war. A second ruffian, for a worse offence against a woman, was promptly and publicly hanged.[26] On the other hand preventive regulations[27] concerning liquor, gambling, roaming about the city and the like soon went into force.[30]