of recapitulation. I omit it, and go to the conclusion with a few brief reflections, as pertinent, I trust, as they are true.

"I consider these difficulties in California to be a comedy-(very near being a tragedy)—of three errors: first, in the faulty orders sent out from this place; next, in the unjustifiable pretensions of General Kearney; thirdly, in the conduct of the government in sustaining these pre. tensions. And the last of these errors I consider the greatest of the three.

"Certainly the difficulties in California ought to be inquired into; but how? Not by prosecuting the subordinate, but the principals; not by prosecuting him who prevented, but him who would have made civil war If it was a crime in me to accept the governorship from Commodore Stockton, it was a crime in him to have bestowed it; and in either event, crime or not, the government which knew of his intention to appoint me, and did not forbid it, has lost the right of prosecuting either of us.

"My acts in California have all been with high motives, and a desire for the public service. My scientific labors did something to open Cali fornia to the knowledge of my countrymen; its geography had been a sealed book. My military operations were conquests without bloodshed; my civil administration was for the public good. I offer California, during my administration, for comparison with the most tranquil portion of the United States: I offer it in contrast to the condition of New Mexico during the same time. I prevented civil war against Governor Stockton, by refusing to join General Kearney against him: I arrested civil war against myself, by consenting to be deposed-offering at the same time to resign my post as lieutenant colonel in the army.

"I have been brought as a prisoner and a criminal from that country. I could return to it, after this trial is over, without rank or guards, and without molestation from the people, except to be importuned for the money which the government owes them.

"I am now ready to receive the sentence of the court."

The reading of this defence, which occupied three sessions of the court, was concluded on the 26th of January, 1848. The three succeeding days were spent in deliberating upon the case, and on the day following, January 31, the court rendered its verdict of "guilty " on all the charges, and sentenced the accused to be dismissed from the service.

Accompanying the verdict, were the following papers, which were directed to be made parts of the record. The first, signed by the President of the Court, Bt. Brig. General Brooke, Lieut. Col. Taylor, and Major Baker, was as follows:

"Under the circumstances in which Lieutenant-Col. Fremont was placed between two officers of superior rank, each claiming to command-in-chief in California-circumstances in their nature calculated to embarrass the mind, and excite the doubts of officers of greater experience than the accused: and, in consideration of the important professional services rendered by him, previous to the occurrence of the acts for which he has been tried, the undersigned, members of the court, respectfully commend Lieutenant-Colonel Fremont to the lenient consideration of the President of the United States."

The other, signed by Lieutenant Colonel Long, Lieutenants-Colonel Morgan, and Major Delafield, was a follows:

"Under all the circumstances of this case, and in consideration of the distinguished professional services of the accused, previous to the transactions for which he has now been tried, the undersigned beg leave to recommend him to the clemency of the President of the United States."

President Polk refused to confirm the verdict of the court, as to the first charge, but "approved" of the sentence, which, however, he immediately remitted. The following was his order in the case:

"Upon an inspection of the record, I am not satisfied that the facts proved in this case constitute the military crime of mutiny. I am of opinion that the second and third charges.

are sustained by the proof, and that the conviction upon these charges warrants the sentence of the court. The sentence of the court is therefore approved; but, in consideration of the peculiar circumstances of the case, of the previous meritorious and valuable services of Lieutenant-Colonel Fremont, and of the foregoing recommendations of a majority of the members of the court, the penalty of dismissal from the service is remitted. "Lieutenant-Colonel Fremont will accordingly be released from arrest, will resume his sword, and report for duty. "JAMES K. POLK."

Upon receiving notice of the result of the trial, Colonel Fremont addressed the following letter to the Adjutant-General :

“WASHINGTON CITY, C Street, Feb. 19, 1848.

"SIR: I have this moment received the general order, No. 7 (dated the 17th instant), making known to me the final decision in the proceedings of the general court-martial, before which I have been tried; and hereby send in my resignation of lieutenant-colonel in the army of the United States.

"In doing this, I take the occasion to say that my reason for resigning is that I do not feel conscious of having done anything to merit the finding of the court; and, this being the case, I cannot, by accepting the clemency of the President, admit the justice of the decision against me.

66

Very respectfully your obedient servant.

"J. C. FREMONT."

The President did not act upon this resignation for some time, and as the President's acceptance was necessary to give it legal effect, Col. Fremont addressed the adjutant-general a note to that effect on the 14th of March, and received a reply on the following day announcing the acceptance of his resignation from that

date. Thus, on the 15th day of May, 1848, and in the 34th year of his age, Col. Fremont's connection with the military profession terminated, and his manhood once more resumed its natural proportions.*

"In pursuance of his original intentions as communicated to the government in August, 1846, Commodore Stockton appointed Colonel Fremont civil governor of California, and Colonel William H. Russell, secretary. Governor Fremont immediately entered on the duties of his office, and the people acquiesced in his exercise of authority.

"The commodore and his maritime army returned to the squadron. "The performance of his duties as governor of California by Col. Fremont were incompatible with the authority which General Kearney attempted to exercise over him by virtue of seniority of rank, notwithstanding the President and Secretary of War both justified the appointment of Colonel Fremont by Commodore Stockton, as civil governor of California, yet nevertheless he was permitted to be brought to trial on charges of disobedience preferred by General Kearney. He was found guilty on several charges and specifications, by a court evidently disposed to favor General Kearney. The finding of the court was approved in part by the President, but the sentence remitted.

"Indignant with the injustice and inconsistency manifested by the government, Colonel Fremont promptly resigned his commission in the

army.

"Towards the close of the Mexican war, the army was powerful and popular at Washington. The esprit de corps of military gentlemen was piqued and offended with Fremont's deference to a naval commander, and his sacrifice was demanded. The President and Secretary of War had not the moral courage and firmness which the occasion required, and Colonel Fremont was driven from the army."-Life of Commodore Stockton, p. 154.

CHAPTER XI.

COLONEL FREMONT PROJECTS A FOURTH EXPLORING EXPEDITION-CALIFORNIA CLAIMS BILL-SPEECHES OF SENATORS

BENTON, CLARKE AND DIX-MAP AND GEOGRAPHICAL

SOCIETY OF LONDON-LETTERS FROM JOHN M. CLAYTON AND ABBOTT LAWRENCE-REPLY OF COLONEL FREMONT.

WHEN Mr. Fremont abandoned the profession for which he had accomplished himself, and sat himself down the morning after his resignation was accepted, to determine what useful end the remainder of his life should be devoted to, he was but thirty-four years of age. Within that period he had attached his name imperishably to the historical, geographical, scientific and political history of his country. The highest peak of the longest chain of mountains on this continent had accepted his name in token of his being its first explorer; the plants which bloomed on its sides and in its valleys, had received from him their nomenclature; as the deliverer of California from Mexican misrule, he had identified himself for ever with the most durable tradi