The Hawks Peak Affair, March 1846
Hawks Peak--Gavilan
Peak--Gabilan Peak--Pico de Gavilan
Act One in the
Conquest of California
Locating the events of 1846 from
eyewitness
accounts.
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 Christopher
"Kit" Carson: When we were about
thirty miles from Monterey, Frémont
received a very impertinent order from General
Castro, commanding him to leave the country
immediately, and saying that if he did not do
so, he would be driven out. We packed up at dark
and moved back about ten miles to a little
mountain where we found a good place and made a
camp. General Castro followed us with several
hundred men and established his headquarters
near us. He would fire his big guns frequently
to scare us, thinking by such demonstrations he
could make us leave. Kit Carson's
autobiography
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José
de los Santos German recorded that
Capitán Francisco Rico
fired on an aliso
[alder] at
a distance of 1000 yardas, and
when it was struck, it gave them so
mucho placer that they spent the
night en una borrachera
general.
"Castro's anxiety to assail such a
position, guarded by American Riflemen,
was more apparent than real. And, on
the other hand, the captain of the
topological party desired only to bid a
temporary defiance, and was not anxious
to begin an aggressive war." Josiah
Royce
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Since 1906, the
raising of the American flag by Captain John C.
Frémont on March 4, 1846 has been
celebrated on Fremont Peak in the Gabilan Range,
about six miles southeast of San Juan Bautista.
Lieutenant John C. Frémont, Jr. (USN) was
present at the 1908 celebration. In 1925 an 80'
flagpole and bronze commemorative plaque were
installed on the summit. In 1934 the State of
California acquired land including the peak as
Fremont
Peak State Park.
An E. Clampus Vitus John C. Frémont Day
attendance pin at right.
In 1959, at the request of Aubrey Neasham of
the Division of Beaches and Parks, historian
Fred B. Rogers examined the evidence of the
affair of 1846, an event that would turn out to
be the Act 1 in the Polk administration's
plan to acquire California. Rogers'
report determined that Fremont Peak was
not the scene of events.
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Below is a new
look, with evidence not found by Fred Rogers.

Topography rendered from USGS
San Juan Bautista 7.5 min. quadrangle DEM
file
The approximate ROUTE
of the 3rd expedition to the peak in the Gabilan Range near
San Juan Bautista. The exit was down a ridge above Steinbeck
Canyon. Frémont's three camps are represented by

Notice that the actual site of Frémont's hastily
built log fort (flag) is not on Fremont Peak, nor is
it even within the bounds of Fremont Peak State Park--rather
unfortunate.
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 Frémont:
"Early in the morning I moved camp a few miles
to the foot of the ridge which separates the
Salinas [river] from the San Joaquin, at
the house of Don [José] Joaquin
Gomez. A stream here issues from the mountain
which is called the Gavilan Peak. The road from
Monterey passes by this place, entering the
neighboring San Juan valley by way of a short
pass called Gomez pass." Memoirs
of My Life
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Notes on the Gomez adobe
location:
Frémont
determined a line of latitude on March 4, 1846
of 36° 46' 07" crosses what he called
"Gomez Run [creek], at edge of Salinas
plain." (Geographical
Memoir, 1848).

This 1848 U. S. Senate edition is the
only publication of Frémont's
Geographical Memoir to include the 16
page Appendix which includes Tables of Latitude
and Longitude.
From
the chronology of the expedition movements, we
can say that Frémont's determination of
latitude was made by sextant, or circle of
reflection, at
meridian
transit--a noon shot. The observed
altitude of the sun at noon, on that date, at
that latitude, would have been just within the
range of the sextant using the artificial
horizon, which doubles the observed
altitudes. Frémont's latitudes are
ordinarily within a very few seconds of arc. But
his longitudes
by pocket chronometer are not reliably close
enough for this sort of work--in this case about
6 minutes of arc. However, a known watercourse
that intersects the line of latitude, here,
"Gomez run," provides the second line of
position.
This line of latitude is within a few yards
of the site described by historian Fred Rogers
in 1951, previous to the Parks and Beaches
investigation.
"The best available evidence indicates that
Gomez' two-story adobe was located on the
east slope of a small, bald hill immediately
north of the junction of two creeks now named
Gabilan and Mud.......today, the ground shows
only dim outlines of the house and corral
sites." Bear Flag
Lieutenant: Life of Henry L. Ford, 1951
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 Lieutenant
William Tecumseh Sherman
(1846):
"It was almost dark when we reached the house
of Señor Gomez. His house is a two story adobe,
and had a fence in front. It was situated well up among
the foothills of the Gavillano, and could not be seen
until within a few yards." Memoirs.
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Communication:
Darrell Boyle, CEO Gabilan Cattle Company and
Matt C. Bischoff, Historian III, California
State Parks, Monterey District. Excerpted from
the report of the site examination made by
historian Fred B. Rogers for the Dept. of Parks
and Recreation in 1959:
"In 1959 the Division of Parks and Beaches of
the State of California commissioned historian
Fred B. Rogers to conduct a study to determine
as closely as possible the location of Fremont's
camp during
the period March 6 through the night of March
9-10. The following are key findings from this
study. As a preliminary, it is necessary to
locate accurately the site of the house of Jose
Joaquin Gomez, on the rancho granted to him in
1835, named by him "Los Vergeles," meaning
flower and fruit garden. The two-story adobe of
Gomez was a noted stopping place for early
travelers: American Consul Thomas C. Larkin, Sir
James Douglas, Dr. William Maxwell Wood, and
Lieutenant William Tecumseh Sherman, among
others. It and an adjacent corral were located
on the east slope of a small, bald knoll and
were about 800 feet north of the junction of
Gabilan and Mud creeks. Three of the American
dead were buried on the knoll above the Gomez
place, after the battle of Natividad, which
occurred November 16, 1846. Presently (1959)
only faint traces of the house and corral exist.
The Gomez house was along a cart path or trail
from Salinas and Monterey, which passed along
Mud Creek and over the Gabilan Range to San Juan
Bautista. Soon after leaving Gomez, the trail
probably approximated the later Old Stage
Road"
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 Frémont
continues: "From the Gomez rancho there is a
wood-road leading up to the top of the ridge; following
this in the morning I moved up the mountain and encamped
on a small wooded flat at the summit of the Sierra. This
was a convenient position. It afforded wood, water, and
grass; and commanded a view of the surrounding country,
including the valley of San Juan and the Salinas plain.
In case of exigency it opened a retreat to the San
Joaquin.'
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The 5th and 6th were no-doubt spent in
reconnoitering the area for the best defensible
position in case Castro did follow up his
threat. With Frémont were some of the
most experienced hunters and frontiersmen of the
day: Kit Carson, Alex Godey, Dick Owens, Joseph
R. Walker, Basil Lajeunesse, and
Frémont's Delaware Indian hunters.
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 Frémont:
"Arriving at the summit, I proceeded
immediately to build a rough but strong fort of solid
logs, for which we found good trees abundant on the
ridge. While this was being built a tall sapling was
prepared, and on it, when all was ready, the American
flag (30 stars) was raised amidst the cheers of the
men."
Frémont:
"Meantime, communication was opened with a
rancho in the valley and a steer was brought up to me by
two
California vaqueros.
From the fort by aid of the glass we could see below at
the Mission of San Juan, Castro's troops gathering"
Memoirs of My Life 
 William
F. Swasey: "[Julius] Martin had told me that
Gomez had been secretly supplying Frémont with
beef."
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Note: The large and very fine
adobe built in 1840-41 by Don José
Castro still
stands today on the south side of the plaza
at San Juan, diagonally opposite the mission
church.
In 1848, after Castro had fled to Mexico, his
Monterey adobe was still occupied by
Señora Castro. Frémont rented part
of the house for Jessie Frémont while he
was away for many months mining at his Las
Mariposas estate. Frémont noted that
Señora Castro showed every kindness to
Jessie, "her motherly feelings were stronger
than the natural resentment for lost position
and fortune."
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Frémont:
"I took a position on the Sierra, called Hawk's Peak,
entrenched it, raised the flag of the United States, and
awaited the approach of the assailants. At a distance of
four miles we could see them, from the Sierra, assembling
men and hauling out cannon." Proceedings
of the court martial
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Note: The area of Yates Peak is about
4 crow miles from San Juan: today's Fremont Peak
is about 6 miles. As a cartographer,
Frémont was very good at estimating
distances. His tables of "distances traveled,"
as compiled in his Reports, daily and
cumulative, are found to be correct within a
very small percentage of actual.
See a view of San Juan
from Yates Peak sent by area landowner Darrell
Boyle.
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Theodore Talbot: "We took a position in Natividad
Mt. and Castro marched out 200 men to St. Johns [San
Juan] a fortified place, taking no steps against us
though within 4 miles we left on the third day for
Sutter's Fort." Journals
Frémont:
"I am encamped on the top of the Sierra (ie.,
range) at the head-waters of a stream which strikes the
road to Monterey at the house of Don Joaquin Gomez."
Letter March 9, 1846 to U.S. Consul
Thomas O. Larkin at Monterey.

Capt. William Dane Phelps, a merchant trader out of
Boston:
"The American party consisted of 12 men
including twelve Delaware Indians*, each man armed with a
Long Rifle, 2 Rifle[d] Pistols, Tomahawk &
Knife. Few as they were, they were men picked from a
thousand, and I had no fears for myself for their safety.
But as Castro had cannons and such an overwhelming force
they might hem them in to cut off their supplies some
thought, while others offered to bet the Mexicans would
not get within reach of their rifles. Thus it stood on
the 9th of March in Monterey."journal
*Delaware chief Sagundai at right.
Frémont:
"During the three days we remained on one of
these mountains, at an elevation of 2200 feet above the
sea, and in sight of Monterey."
Geographical Memoir
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Note: Probably an estimate from a
barometric observation. But I cannot check it,
as there was no barometric
register published. The elevation (by
survey) of Yates Peak is 2146'; a near fit, but
Fremont Peak, two miles further east, is
much higher at 3124'.
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Frémont:
"Descending the southeastern side of the ridge
we halted for the night on a stream about three miles
from the camp of General Castro, a few miles from our
fort."
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Note: The San Benito River, lying
three miles east of San Juan fits.
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Frémont:
"On the morning of the 11th, after I had left
my camp on the hill, Mr. John Gilroy, an Englishman
resident in California, came to my camp with a message
from General Castro, offering to make an arrangement with
me. Mr. Gilroy found our fires still burning. I was
afterwards informed that the proposition was that I
should unite my force with his and jointly march against
[Governor] Don Pio Pico [in Los
Angeles]."
Memoirs of My Life
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Note: For all his bombast, Castro must
have been impressed.
This
was typical of California opera buffo
politics. It had been only four years since Pico
had himself overthrown Micheltoreno--actually, a
rather lengthy term of stability for Mexican
California. In the 25 years of Mexican rule,
California went through no less than 17
governors. ¡Dios y libertad!
In 1835 José Castro was made interim
governor of California, and the following year
he and Juan B. Alverado made San Juan their
headquarters in the revolt that resulted in the
exile of Governor Guitérrez and in the
election of Alverado in his place.
Three months after the Gabilan affair, on
June 8, 1846, as Military Commandant, Castro
declared martial law and set out on a march
south against Governor Pio Pico. On the 16th
Pico started north to engage Castro. But on the
15th, Castro learned that the Bear Flag Party
had taken Sonoma, so he and Pico united to
oppose a revolution not of their own
making.
Los Angeles: "It is said that
[General] Castro is on his way here with
a force to displace the Gov[ernor]. I
was asked [by Governor Pico] to send up
a few kegs of powder for his use. Asking if he
wanted it to shoot the Yankees with it he
replied with much energy--no it is to defend
myself from my countrymen." Capt. William Dane
Phelps.
Cf. Peru, July 19, 1835. "At the time
of our visit there were four chiefs in
arms contending for supremacy in the
government: if one succeeded in becoming for a
time very powerful, the others coalesced against
him; but no sooner were they victorious than
they were again hostile toward each other."
Charles Darwin, The Voyage of
the Beagle
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Frémont: "I was on my way to a pass opening
into the San Joaquin Valley at the head of a western
branch of the Salinas River (see ~ next)." Conquest
of California
Thomas
F. Martin, expedition member: "It was 2 hours before
sundown when we received the Consul's [Larkin]
despatch [sic], and after dark we moved down
& camped within 1/2 or 3/4 of a mile from the
Mission, hoping we might get a chance at them. The next
morning we left, and went to Sutter's Fort via Pacheco
Pass (see * next)."
With Frémont
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* Martin's
identification of "Pacheco Pass" is apparently
Frémont's name for today's Panoche Pass
(see map).
~ Pacheco Pass is at the head of no river.
Frémont is referring to the San Benito
River, though it is not a branch of the Salinas,
but of the Pajaro River.
Fred Rogers found the 1848 Frémont/Preuss
map to be "inconclusive"--because the route is
not shown.
But a route has been added on a later printing
of the same 1848 map included in House
Executive Document No.17, 1850. Shown here
(highlighted), it is clearly up the San Benito
River, but labeled "Pacheco's Pass." There is no
route shown on the map over today's Pacheco
Pass
Rogers cites two Mexican
accounts by José German and Raphael Pinto
that also suggest the route was through Panoche
Pass. I have those accounts but am having a
difficult time translating from the manuscript.
Anyone
want to assist? See links in
bibliography below.
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 Thomas
O. Larkin, U.S. Consulate, Monterey to the Hon. James
Buchanan, Secretary of State, Washington: "Captain
Freemont [sic] left his camp a few hours
after he received the undersigned's letter of the 9th of
March (not from fright of General Castro), as he had been
preparing the previous week to travel." California
Clains.
 William
F. Swasey: "Castro and his staff were sitting on the
veranda [Gomez house-see map] drinking wine and
smoking cigarettes. As soon as the coast was clear, I,
with some difficulty made him understand that I wanted to
go to Frémont. He called to a vaquero to whom he
spoke in Spanish, and directed me to follow him. The
Vaquero led me around the base of a hill, and pointing to
a trail leading up the mountain, then left me. I rode up
the trail, which was not very difficult, and finally
reached Frémont's camp. The breastworks of logs
were still standing, the camp-fires were smouldering, and
the debris of the camp was scattered around on the
ground, but Frémont was not there. He had probably
left some hours before."
The Early Days and Men of California.
Thomas
O. Larkin, U. S. Consulate, Monterey "[John
Gilroy] found in the camp tent-poles (cut on the
spot), some old clothes, and two old and useless pack
saddlewhich the Californians have magnified into the
munitions of war."
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Note: Swasey was sent by Charles Weber
in San Jose to carry an offer of support to
Frémont. Finding that Frémont had
left, Swasey continued on to Monterey and
entered employment with U.S. Consul Thomas O.
Larkin as his secretary.
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Constructing
a chronology of Frémont's March 1846
Gabilan movements from first-hand accounts.
Hard dated events are in bold
print.
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3rd
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Camped at E. P. Hartnell's Rancho Alisal
near Salinas, Frémont was visited by Lt.
Chavez with Gen. Castro's orders to quit the
department.
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4th
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Moves expedition to near the house of Don
José Joaquin Gomez at the foot of the
Gabilan Range. Determination of coordinates at
meridian transit (noon) on "March
4... Gomez run, at edge of Salinas
plain."
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5th
&
6th
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Still encamped near the Gomez house on
Gabilan Creek: reconnoitering to determine the
best position to resist a threatened attack,
with grass and water and a route of egress, and
then preparing a fort.
It would take Castro some days to assemble
troops and artillery and move them to San
Juan.
The Delawares and other scouts would have been
patrolling roads and watching for Castro's
approach.
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7th
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Probably on information from look-outs, in
the morning Frémont moved up to the fort
on ridge overlooking San Juan.
A steer is brought up from a local ranch by
two
vaqueros.
They watch Castro's movements through a
telescope.
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8th
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Castro's troops are observed approaching in
the afternoon. An ambush is set to receive them
"in a thicket" part way down, but the troops
turn and return to San Juan.
On this day, General
Zachary Taylor's troops crossed the Nueces River
into Mexico making a war with Mexico
inevitable.
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9th
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Frémont received (and replied to)
U.S. Consul Larkin's dispatch on the
9th.
Descending from the fort toward the
northeast after sundown (Martin
and Larkin), they
camped for the night on the San Benito River
near about 3 miles from San Juan.
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10th
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In the morning they followed up the San
Benito River to cross into the San Joaquin
Valley via Panoche
Pass.
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11th
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William Swasey and John Gilroy visit the
deserted fort and find the fires still
smoldering.
Frémont entered San Joaquin Valley in the
afternoon, "where we found almost a summer
temperature and the country clothed in the
floral
beauty of spring."
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More about the Hawks Peak incident and about Joseph
Walker's opinion of the affair.
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View
Larger Map
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You can navigate on this embedded
Google®
map by dragging, zoom in/out, or
change from satellite to roadmap, terrain, and
Google Earth imagery. Double-click a feature
to center/zoom it.
The map pins are the sites of the Gomez adobe and
Yates Peak: click on them for the labels. San Juan
is four miles directly north.
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What's in
the name: Pico de
Gavilan (or Gabilan), Hawks Peak?
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My
Holt's Spanish/English Dictionary
gives:
Span>Eng: gavilán (orn.)
sparrow hawk. Also the quillon
(cross guard) of a Spanish sword.
Eng>Span:-sparrow hawk (orn.)
gavilán,
cernícalo.
Span>Eng: cernícalo (orn.)
sparrow hawk, kestrel.
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The
Euro-Asian (Spanish) sparrow hawk
(gavilán) is Accipiter
nisus. The European Kestrel is
Falco tinnunculus. Both are
similar in size and habit to our
California native sparrow hawk Falco
sparverius (previously Cerchneis
sparveria), or American Kestrel.
Kestrel (cf. Span. cernícalo)
refers to its ability to hover in
hunting.
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One can imagine the first Spanish visitors
(probably Moraga in 1805) observing these small
hawk-like birds soaring or hovering as they
searched for prey. They might have applied the
common name sparrow hawk,
(gavilán) to the local bird with similar
appearance and habits to those of the Old World.
Though of different
genus--Accipiter vs.
Falco--they fill the same ecological niche.
Well, Falco now, but one needs go back no
further than 1917 to find our sparrow hawk
listed under the genus Cerchneis--C.
sparveria. (authorities: Wheelock, 1910;
Hoffmann, 1927; Peterson, 1941; Am. Audobon
Soc., 1977.)
According to Erwin Gudde's California
Place Names, the name for the mountain range
goes back to at least 1828: Un gran cerro
[high hill] llamado [called] del
Gavilan.
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B...or V?
Gabilán/gavilán
represents a consonant shift, as in
bacquero/vacquero--v
is modern, but the pronunciation
change is subtle. An indication of
the 1840s CA pronunciation is given
in the phonetic rendering and
definition of vaquero by
Captain William
Dane Phelps: "baquiro; a
boy who takes care of the horses."
Cervantes always signed his name
with a b, yet allowed it to
always be printed on the title pages
of his books with a v.
F can often be substituted
for b or v without
materially altering the sound. The
shift crosses languages: as
Thoreau's botanical analogy, "even
as f and v are a
pressed and dried b."
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Another example of the name of an Old World
bird being applied to a place name in California
is the Isla de Alcatraz (the Rock) in San
Francisco Bay. Alcatraz in Spanish means gannet
(genus Sulidae), but applied in early
California to the pelican (genus
Pelecanidae), which, though unrelated, is
a sea bird of similar size, coloring, and habit,
including plunge-diving from heights when
fishing.
Cf.
Capt. John Hawkins' 1564 mention of "a small
Island called Alcatrares" (Portuguese for
gannet) in the Caribbean.
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A parting shot, June 1846.
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 Frémont:
"On the 12th I received [at Sonoma]
an express from Commodore Sloat, transmitting to
me his proclamation, and with the req uest
to proceed with the force under my orders to
Monterey. Shortly after the receipt of the
message, I set out upon the march to Monterey,
going by way of the San Joaquin Valley and
crossing the mountains to San Juan. General
Castro had made a brief halt, and with the force
that he has collected was withdrawing to Los
Angeles; realizing that the war had begun in
earnest, and that he was unable to contend with
the land and naval forces suddenly combined in
the north. I took possession of San Juan,
putting only a few men in charge. On the 19th we
continued our road through Gomez Pass towards
Monterey, giving on the way a marching salute to
the Gabilan Peak, where in March, four months
before, we had hoisted our flag." California
Claims
Commodore
John Drake Sloat:
"Castro buried two
field-pieces, with their shot, at Saint John's
[San Juan Bautista] yesterday, and is
flying before Frémont." Dispatch from
Commodore John Drake
Sloat, Flagship USS Savannah at Monterey to
Captain John B. Montgomery, USS Portsmoth at
San Francisco.
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"The
first act of the play has been announced before
the rehearsal had been gone through,
with General Castro foolishly believing that he
had frightened Capt Frémont, and struck
foreigners with dread." Capt. William Dane
Phelps, a merchant trader out of Boston.
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Frémont enters Monterey
"There lay the pieces on the great
chessboard before me..."
Frémont's famous ride--800 miles in 6 1/2
days!
Joseph R. Walker was also with the expedition.
Bibliography:
Busch, Britin Cooper,
Frémont's Private Navy: The 1846 Journal of
Captain Willian Dane Phelps, Arthur H. Clark Co.,
Glendale, 1987.
California
Claims, in the Senate of the United States, 30th
Congress, Senate, Rep. Com., No. 75, February 23, 1848.
California and New Mexico: Message
from The President of the United States, HO. of REPS,
Ex. Doc. No.17, 31st Congress, 1st Session, 1850.
Camp, Charles L., James
Clyman Frontiersman, Champoeg Press, Portland, 1960.
Carson, Cristopher, Kit
Carson's Autobiography, ed. Milo Quaife, The Lakeside
Press, Chicago, 1935.
Castillo, Nicanor de Jusus Garnica,
Requerdos
Historicos de California (MS): Salinas, 1877.
Cutts, James M., The Conquest of California and New
Mexico, Cary & Hart, Philadelphia, 1847, (facsimile
reprint Horn & Wallace, 1965).
Frémont,
John Charles, Memoirs of My Life, Belford, Clark
& Company, Chicago, 1887.
Frémont, John Charles,
Geographical Memoir Upon Upper California, Senate.
30th Congress, Misc. No.148, Wendell and Van Benthuysen,
Washington, 1848.
This first appearance Senate edition is the
only publication of the Geographical Memoir to include the
16 page Appendix which includes Tables of Latitude and
Longitude.
Frémont, John Charles, The
Conquest of California, The Century Magazine,
April, 1891.
Gudde, Erwin G.,
California Place Names: The Origin and Etymology of
Current Geographical Names, University of California
Press, Berkeley, 1974.
German,
José de los Santos: Sucesos en California: Tres
Pinos (MS), 1878.
Kelsey, Rayner Wickersham, The United States Consulate
in California, University of California, 1910.
Martin, Thomas F, With
Frémont to California and the Southwest
1845-1849, ed. Ferol Egan, Lewis Osborn, Ashland,
1975.
Phelps, William Dane, Journal,
published as Frémont's Private Navy, The 1846
Journal of Captain William Dane Phelps, Arthur H. Clark,
Glendale, 1987.
Pinto,
Raphael, Apuntaciones para la historia de California:
Hollister (MS), 1868.
Rogers, Fred B., Bear Flag
Lieutenant, The Life Story of Henry L. Ford, California
Historical Society, 1951.
Rogers, Fred Blackburn, William Brown Ide; Bear
Flagger, John Howell, San Francisco, 1964.
Rogers, Fred B., Frémont's
Gabilan Camp, 1846, the report of an examination made
for the Division of Parks and Beaches, State of California,
1959. A photocopy of the original report supplied by Matt C.
Bischoff, Historian III, California State Parks, Monterey
District.
Royce, Josiah, California: A Study
in American Character, Houghton Mifflin & Co.,
Cambridge, 1886.
Senate
of the United States, The Proceedings of the Court
Martial in the Trial of Lieutenant Colonel
Frémont, 1848, and General Order No.
7.
Sherman,
William Tecumseh, Memoirs of General William Tecumseh
Sherman, Appleton & Co., 1875.
Spence,
Mary Lee and Jackson, Donald, The Expeditions of John
Charles Frémont, Vol. 2 Suppliment, University of
Illinoise Press, 1973.
Swasey, W. F., The Early Days
of California, Pacific Press Publishing Company.
Oakland, 1891.
Talbot, Theodore
(expedition member), a letter to his mother dated
July 24, 1846 cited by Fred Rogers in the collections of the
Library of Congress.
Warner, Barbara R., The Men of
the California Bear Flag Revolt and their Heritage,
Arthur H. Clark, 1996.
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