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 Col.
Frémont's
Capitulation
of Cahuenga
that shocked Commodore
Stockton and General Kearney!
 Made
and entered into at the Ranch of Cahuenga, this thirteenth
day of January, eighteen hundred and forty-seven, between P.
B. Reading, major; Louis McLane, jr., commanding 3rd
Artillery; William H. Russell, ordinance
officer--commissioners appointed by J. C. Frémont,
Colonel United States Army, and Military Commandant of
California; and José Antonio Carrillo, commandant
esquadron; Augustine Olivera, deputado--commissioners
appointed by Don Andres Pico, Commander-in-chief of the
California Forces under the Mexican Flag.
Article 1st. The Commissioners on the part of the
Californians agree that their entire force shall, on
presentation of themselves to Lieutenant-Colonel
Frémont, deliver up their artillery and public arms,
and that they shall return peaceably to their homes,
conforming to the laws and regulations of the United States,
and not again take up arms during the war between the United
States and Mexico, but will assist and aid in placing the
country in a state of peace and tranquility.
Article 2nd. The commissioners on the part of
Lieutenant-Colonel Frémont agree and bind themselves,
on the fulfillment of the 1st article by the Californians,
that they shall be guarantied the protection of life and
property, whether on parole or otherwise.
Article 3rd. That until a Treaty of Peace be made and
signed between the United States of North America and the
Republic of Mexico, no Californian or other Mexican
citizen shall be bound to take the oath of
allegiance.
Article 4th. That any Californian or citizen of Mexico,
desiring, is permitted by this capitulation to leave the
country without let or hindrance.
Article 5th. That in virtue of the aforesaid articles,
equal rights and privileges are vouchsafed to every
citizen of California, as are enjoyed by the citizens of the
United States of North America.
Article 6th. All officers, citizens, foreigners or
others, shall receive this protection guarantied by the
2nd Article.
Article 7th. This capitulation is intended to be no bar
in effecting such arrangements as may in future be in
justice required by both parties.
Additional Article: Ciudad De Los Angeles, Jan. 16th,
1847. That the paroles of all officers, citizens or
others of the United States and of naturalized citizens of
Mexico, are by this foregoing capitulation canceled, and
every condition of such paroles, from and after this date,
are of no further force and effect, and all prisoners of
both parties are herby released.
P. B. Reading, Maj. Cal'n Battalion,
Louis McLane, Com'd. Artillery
Wm. h. Russell, Ordinance Officer
Jose Antonio Carrillo, Comd't of Squadron, Augustin
Olivera
Deputado.
APPROVED:
J. C. Frémont, Lieut.-Col. U. S. Army, and Military
Commandant of California
Andres Pico, Commandant of Squadron and Chief of the
National forces of California
A contemporary assessment of the
capitulation by the reverend Walter Colton, alcalde at
Monterey:
"These terms [of surrender] were
duly subscribed by the commissioners appointed by the
parties to the compact and ratified by Col.
Frémont. They were liberal in their spirit, wise
in their purpose, and just in their application. More
rigorous terms would have involved a sense of humiliation
in one party, without any advantage to the other. The
Californians were defeated, but not crushed."
The other side of the issue
The story of the 400 mile
march to Cahuenga is told in Frémont's testimony
before the court martial--starting on page 378 of Senate
Executive document No. 33:
(Note) My own 3-great grandfather, Capt. John Grigsby
(Grigsby/Ide Party, 1845) commanded E Company of the
Battalion. Not recognizing the authority of General Kearney,
and contrary to his orders, Frémont discharged
Grigsby, and the husbands and fathers of other recent
immigrants at Los Angeles, that they might return to protect
and provide for their families which had been left at
Sutter's Fort. The "Grigsby papers," which contain a daily
record of the march reside in the Bancroft Library at the
University of California. A short history of Grigsby is
found here.
 Frémont:
I left Los Angeles early in September, The
insurrection broke out there in the same month and soon
spread over all the southern half of California. It
extended to near Monterey. It delayed Commodore
Stockton's return to the sea, and deferred my own
appointment as governor. Instead of being occupied in
arrangements to be at San Francisco, on the 25th of
October, to be placed as "governor over California," I
was engaged with little, other means than personal
influence, in raising men from the American settlements,
on the Sacramento, to go south to suppress the
insurrection.
With a small body of men, hastily raised for the
emergency, I embarked, according to Commodore Stockton's
orders, first, in boats to descend the bay of San
Francisco, and then, in the, ship Sterling, to go down
the coast to Santa Barbara. We had left our horses, and
expected to obtain remounts when we landed., Two days
after our departure from San Francisco, we fell in with
the merchant ship Vandalia, from which I learned, and
truly, that no horses could be had below; that, to keep
it out of our hands, the Californians had driven all
their stock into the interior, and that San Diego was the
only point left in possession of the Americans. I
therefore determined to return to Monterey, and make the
march overland. I did so, and there I learned, on the
27th of October, that I had been appointed lieutenant
colonel in the army of the United States. It was now the
mouth of December, the beginning of winter, and the cold
distressing rains bad commenced. Everything had to be
done, and done quickly, and with inadequate means. In a
few weeks all was ready; 400 men mounted; three- pieces
of artillery on carriages; beef cattle procured; the
march commenced. I omit its details to mention the
leading events, a knowledge of which is essential to my
defense. We made a secret march of 150 miles to San Louis
Obispo, the seat of a district commandant; took it by
surprise, without firing a gun; captured the commandant,
Don Jesus Pico, the head of the insurrection in that
quarter, with 35 others, among them the wounded captain
who had commanded at La Natividad. Don Jesus was put
before a court martial for breaking his parole, sentenced
to be shot, but pardoned . That pardon had its influence
on all the subsequent events; Don Jesus was the cousin of
Don Andreas Pico, against whom I was going and was
married to a lady of the Carillo family; many hearts were
conquered the day he was pardoned, and his own above all.
Among the papers seized was the original dispatch of
General Flores, which informed us of the action of San
Pasqual, but without knowing who commanded on the
American' side. Don Jesus Pico attached himself to my
person, and remained devoted and faithful under trying
circumstances. We pursued our march, passing all the
towns on the way without collision with the people, but
with great labor from the state of the roads and rains.
0n Christmas day, 1846, we struggled on the Santa
Barbara- mountain in a tempest of chilling rains and
winds, in which a hundred horses perished, but the men
stood to it, and I mention it to their honor. They
deserve that mention, for they are not paid yet.
We passed the maritime defile of the Rincon, or
Punta Gorda, without resistance, flanked by a small
vessel which Commodore Stockton had sent to us, under
Lieutenant Selden of the navy. A corps of observation, of
some 50 or 100 horsemen, galloped about us, without doing
or receiving harm; for it did not come within my policy
to have any of them killed. It was the camp of this corps
which Captain Hamlyn passed, to give me Commodore
Stockton's orders, which he found at the " camp of the
willows," as said in his testimony. The defile of San
Fernando was also passed, a corps which occupied it
falling back as the rifles advanced. We entered the plain
of Cowenga, occupied by the enemy in considerable force,
and I sent a summons to them to lay down their arms, or
fight at once. The chiefs desired a parley with me in
person. I went alone to see them, (Don Jesus Pico only
being with me.) They were willing to capitulate to me;
the terms were agreed upon. Commissioners were sent out
on both sides to put it into form. It received the
sanction of the governor and commander-in- chief,
Commodore Stockton, and was reported to the government of
the United States. It was the capitulation of Cowenga. It
put an end to the war and to the feelings of war. It
tranquilized the country and gave safety to every
American from the day of its conclusion.
My march from Monterey to Los Angeles, which we
entered on the 14th of January, was a subject for
gratulation. A march of 400 miles through an insurgent
country, without spilling a drop of blood -- conquering
by clemency and justice-and so gaining hearts of all,
that, until troubles came on from a new source, I could
have gone back, alone and unarmed, upon the trail of my
march, trusting for life and bread to those alone among
whom I had marched as conqueror, and whom I have been
represented as plundering and oppressing! I anticipate
the order of time, but preserve the connexion of events
by copying here from an original private letter to
Senator Benton, written at Los Angeles, the 3d of
February, 1847, received by him in May at St. Louis, and
sent to the President for his reading, whose endorsement
is on the back, in his own hand writing, stating it to
have been received from Mr. Christopher Carson on the 8th
of June.
Had it not been for the treatment I have received,
the secret purpose to arrest, the accumulated charges,
the publications against me, and other circumstances of
the prosecution, I should have been willing to have read
that paper to the court as my sole defense against this
charge of mutiny; as things are, I copy from it merely
some passages, which illustrate what I have said of the
effects of that march from Monterey, and the capitulation
of Cowenga.
" Knowing well the views of the cabinet, and
satisfied that it was a great national measure to unite
California to us as a sister State, by a voluntary
expression of the popular will, I had in all my marches
through the country, and in, all my intercourse with the
people, acted invariably in strict accordance with this
impression, to which I was naturally farther led by my
own feelings. I had kept my troops under steady restraint
and discipline, and never permitted to them a wanton
outrage, or any avoidable destruction of property or
life. The result has clearly shown the wisdom of the
course I have pursued.
* * * *
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The fact is, the
people of the country are frightened at the very
name of Frémont. He is represented to
those who do not know any better as being a
Cannibal, a bloodthirsty Barbarian, &c
&c. His very name causes females to shudder,
and crying children to be mute as death, as I
have myself seen. While at the same time those
who know the gentleman in question admire him
for the childlike simplicity and unaffected
kindness, justice and liberality which marks his
every movement.
Captain
William Dame Phelps
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"Throughout the Californian population, there is
only one feeling of satisfaction and gratitude to myself.
The men of the country, most forward and able in the
revolution against us, now put themselves at my
disposition, and say to me, Viva usted seguro, duerme
usted seguro,l (live safe, sleep safe,) 'we ourselves
will watch over the tranquility of the country, and
nothing can happen which shall not be known to you.' The
unavailing dissatisfaction on the part of (--) own
people, was easily repressed, the treaty was
ratified."
I terminate my narrative at the capitulation of
Cowenga, because at that point I got into communication
'with my two superiors, became involved in their
difficulties, and the events began for which I am
prosecuted.
From this point the evidence begins. My narrative,
intended to be brief and rapid, was necessary to the
understanding of my position in California, and brings me
to the point of the particular offenses charged against
me.
Mutiny is first in the order of-the charges, and
the first specification under it is, for disobeying the
negative order of General Kearny in relation to the
re-organization of the California battalion.
Governor Stockton gave me an order to re-organize
it; General Kearny sent me an order not to re-organize
it; this on the 16th of January', in the night. The next
morning I informed General Kearny, by letter, that I
thought he and Governor Stockton ought to adjust the
question of rank between themselves; and, until that was
done, I should have to obey Commodore Stockton as
theretofore; and gave some statement of facts and reasons
for my justification.
This letter constitutes the alleged act of mutiny;
the ingredient of a corrupt motive, in trying to trade
for a governorship, has been since added; and now, let
the accuser and prosecuting witness speak for
himself.
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PATHFINDER: John C. Frémont
and the Course of American Empire
by Tom Chaffin
Hill & Wang--Farrar, Straus
and Giroux, New York, 2002
Order online at Barnes
& Noble or
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