contre that took place about ten miles south of the notice of what was passing. Soon after he started he mission of San Juan, on the Monterey road, on Octo- was pursued by a party of the enemy. The foremost ber 16th, between the advance guard, under Captain in pursuit drove a lance at the Indian, who, trying to Burroughs and a troop of Californians, numbering one parry it, received the lance through his hand; he imhundred and thirty. The following is an extract from mediately with the other hand seized his tomahawk and the description of Consul Thomas O. Larkin, who struck his opponent a blow which split his head from was a prisoner and witnessed the affair: the crown to the mouth. By this time the others had come up, and with the most extraordinary dexterity and bravery the Indian vanquished two more, and the rest ran away. He rode on towards this town as far as his horse was able to carry him, and then he left his horse and saddle and came in on foot. He arrived about 8 o'clock, Tuesday morning, November 17th." Fremont responded to the call, and marched at once, to bring assistance to the American volunteers at San Juan, but failing to meet the enemy, he put up his camp at the mission to await the coming of reinforcements. The California battalion that started, from San Juan November 30th, on the march to Los Angeles, made only slow progress on account of the heavy rains that season; the men suffered considerably by crossing the mountains and the streams running with quick-sand, reaching Santa Barbara, on December 27th; the loss on horses had been so severe that hardly sufficient remained to get the whole command mounted. The most exhausting feat of the whole march had been the descent on Christmas night from the Santa Inez mountain range to Santa Barbara in a very heavy storm, and men as well as horses needed a rest before the march for Los Angeles could be resumed, which took place on the third of January, 1847; approaching that town from the north about the same time with Commodore Stockton on his way from San Diego. "The Californians, after having, on the night of the 15th, taken up Consul Larkin, who, on his travel from Monterey to Yerba Buena was stopping at the house of Don Joaquin Gomez, demanded him to write to the captain of the volunteers at San Juan to entice some twenty of them to him under the pretense of protecting some distressed families on the river; but Larkin refused positively, not yielding to fright or threatening. They moved a little further on the next morning, taking their prisoner with them, and always keeping watch of the mission as well as of the road to Monterey, afraid of being attacked by Fremont from that side. There, in the afternoon they encountered eight or ten Americans, all but two or three of them on the approach of the Californians retreated to an oak-covered ground close by, and the rest returned to Gomez' house to alarm their companions, and for more than an hour one hundred and thirty Californians surrounded six or eight American men, not daring to make an attack on them, but requested first, and finally commanded Larkin again to go and bring his countrymen out, whereupon the latter offered to go and call them out, under the condition that they were allowed to return to San Juan or Monterey with their arms; which, of course, was refused. While still engaged in calculations how to advance against the few men, fifty more Amerieans came down on them, and an action of about twenty-five or thirty minutes ensued, ending in a complete flight of the Californians; but either the entering darkness or the loss of the leader of the Americans embarrassed the latter to make no better use of their victory in pursuing the enemy, but allowed him to gather his forces about a mile distant from their own standpoint. The loss on the American side was considerably heavy. Captain Burroughs, of St. Louis, Missouri, Captain Foster, and two others were killed, with two or three more wounded." The Californian, of November 21st, 1846, published at Monterey, says in addition to the former, that "Burroughs and Foster were killed at the first onset. The Americans fired and then charged on the enemy with their empty rifles, and ran them off. However, they still kept rallying and firing now and then a musket at the Americans, until about eleven o'clock at night, when one of the Walla-Walla Indians offered his services to come into Monterey and give Colonel Fremont On Stockton's approach he met several messengers, sent by Flores, with propositions to enter into negotiations, but Stockton in short declared to them that he disliked the idea of opening any kind of communications or negotiations other than those of his guns, and that Flores and his companions who had forfeited their paroles should look out, because if any one of them, were taken prisoner, they would be shot most unceremoniously and without any negotiations; and, continuing his march, he arrived on the evening of January 7th, on the south bank of San Gabriel river. The enemy having taken position on the opposite side of the river, was discovered there the next morning. Stockton formed his command in a hollow square, putting the baggage, cattle, etc., in the center, and moved on towards the ford of the river-strict orders having been given not to fire a single gun until the river had been crossed. The water in the river was only three or four feet deep, but it was running with run The signal was at length given, and a deadly fire directed according to orders, at horses, was poured into the ranks of the advancing foe, which emptied many saddles and threw them into complete confusion. Retreating a few hundred yards, they again formed, and despatching a part of their force to the rear, they attacked simultaneously three sides of the square. Orders were renewed to reserve fire until the enemy's near approach, and with the same decisive result, their ranks breaking and retreating in disorder. A third time having rallied, they returned to the charge, but once more their ranks were thinned by the deadly aim of the assailed; and despairing of their ability to cope with men so cool, unflinching and resolute, confused and discomfited, the scattered and fled in every direction.” quicksand, and General Kearney, commanding the advance, sent word to Stockton that he could not cross with the artillery; the latter, in response, without a moment's delay, rushed to the front, laying hands to the rope himself, and under his advice the guns were soon landed on the opposite side. Here the line of battle was immediately formed again, and the artillery opened fire on the enemy's artillery, which occupied a position about fifty or sixty yards from the river on an elevation some forty feet above; but the old sailors, trained by the commodore himself, soon silenced the enemy's guns and made the men in charge of them Observing this, General Kearney immediately started to bring the deserted guns in, but the Californians rallied, and returning, carried their guns off before he had time to reach them. A violent cavalry attack was then made upon Stockton's left wing, which was repulsed, but the enemy right away reformed his line, and brought his artillery into action again. Stockton sent new orders to his artillery and repulsing another charge broke the enemy's lines by means of his well aimed artillery, thereafter an attempt was made to capture the stores, baggage, etc., and stam pede the cattle on the south side of the river, which was cut short by Captain Gillespie, who threw the detachment back in wild confusion, which was communicated to the balance of the enemy's troops and march, just entering the head of Couenga plains, caused their retreat; they left the field to the Americars, taking their dead and wounded with them; their loss has never become known. The loss on the victorious side was but trifling, two men only having been killed and nine wounded. In the meantime Fremont, who had hurried as much as possible to reach the scene of action in time, came near enough to open regular communications with the headquarters. On January 9th he had received a dispatch from Commodore Stockton, bearing the date of January 5th (three days before battle had commenced), advising him to avoid a collision with the enemy until he was within striking distance, showing that Stockton did not expect to meet the enemy so soon. On the 11th, while the battalion was on the news reached Fremont of the battles on the 8th and 9th, and the occupation of Los Angeles, where Major Gillespie again had raised the American flag, which he had been forced to lower about three months before. He also received a letter from General Kearney with The following day Stockton took up his march in the same message. The battalion put up their camp the direction of Los Angeles, and after proceeding at the mission of San Fernando that night, and the about six miles he met the enemy again, who had next day Don Jose de Jesus Pico, in company with formed in position upon the mesa land of the plains. two officers of the Californian army entered the camp Stockton made his forces ready, taking the same posi- with the pronounced desire to treat for peace. The tion of the hollow square like the previous day, and preliminary negotiations were entered into, and the awaited the result. He did not need to wait long-terms had been partly arranged, when they separated the Californians anxious to make up for the loss of the day before made some heroic charges with the intention to break through the square; but we better cite a passage from the “ Annals of San Francisco," giving a description of the same: about noon. After noon the march was again resumed and the battalion pushed forward to a point about twelve miles out of town, where, at the foot of the Couenga plains, the next halt was made. Here the peace commissioners from Fremont met with those "It is said by those who witnessed it, to have been from the hostile force, and the terms of capitulation a brilliant spectacle. Gaily caparisoned, with flying ratified and signed by the members of both parties. banners, mounted on fleet and splendid horses, they In the following we give a copy of the bounded on, spurring at the top of their speed on to the small but compact square into which the American force was compressed. The very earth appeared to tremble beneath their thundering hoofs, and nothing seemed to be capable of resisting such cavalry. But, inspired with the cool courage and dauntless heroism of their leader, his men patiently awaited the result. ARTICLES OF CAPITULATION Made and entered into at the ranch of Couenga, this 13th day of January, 1847, between P. B. Reading, Major; Louis McLane, Jr., commanding Third Artillery; William H. Russell, Ordinance Officer, commissioners appointed by J. C. Fremont, Colonel U. S. Army and Military Commander of California, and Jose Antonio Corillo, Commandante Squadron ; Augustin Olivera, Deputado, Commissioners appointed by Don Andreas Pico, Commander-in-chief of the California force under the Mexican flag. On the next morning, the 14th, before the battalion started on their march into Los Angeles, the little brass howitzer taken from Kearney in the rencontre at San Pasqual, and the only piece that had been lost, ARTICLE I. The commissioners on the part of was brought in and delivered over to Fremont, who the Californians agree that their entire force shall, carried it along on his entering Los Angeles. Thus on presentation of themselves to Lieutenant-Colonel was the insurrection ended, and peace with Mexico Fremont, deliver up their artillery and public arms, was made soon after, securing California as a part of ⚫ and that they shall return peaceably to their homes the United States, and never since has its peace and and conform to the laws and regulations of the United tranquility been disturbed. 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 2. The commissioners on the part of Lieutenant-Colonel Fremont agree and bind themselves, on the fulfillment of the first article by the Californians, that they shall be guaranteed protection of life and property, whether on parole or otherwise. ARTICLE 3. 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 4. That any Californian or citizen of Mexico desiring, is permitted by capitulation to leave the country without let or hinderance. ARTICLE 5. 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 6. All officers, citizens, foreigners, or others, shall receive the protection guaranteed by the second article. ARTICLE 7. 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. CUIDAD DE LOS ANGELES, January 16, 1847. That the paroles of all officers, citizens and others of the United States, and of naturalized citizens of Mexico, are by the foregoing capitulation cancelled, and every condition of said paroles from and after this date are of no further force and effect, and all prisoners of both parties are hereby released. P. B. READING, Major California Battalion. There is, however, another part of this rebellion that ran nearly parallel to the one before related, and known as the "Flores Insurrection;" and however short lived and unimportant it has been concerning the result, it has made a record in history, and we have to refer to it: After Captain C. M. Weber, with the company he had recruited at San Jose, of which James Williams was lieutenant, had departed, there were only ten men left in San Jose and Santa Clara to protect the families of those who had joined the army, and when he had joined his company to the California battalion under Fremont's command, on December 1st, at Gilroy, he saw the unsafeness of the country around there, and becoming satisfied that the lives of those who had to stay at home were in great danger, he felt it his duty to look after their safety and protect their homes. So he and Williams returned to San Jose, and immediately commenced to solicit recruits for another company. John M. Murphy took up Weber's idea and lent his assistance to the enterprise, and soon thirty-three men had enlisted some from Yerba Buena. Just at this state of affairs Francisco Sanches, who thought the Americans far enough away, and their homes unprotected, had raised a revolt and one of his first acts was the capture of Lieut. Washington A. Bartlett in the outskirts of San Francisco. Weber was well acquainted with Bartlett, and he at once tendered the services of his company of mounted men, including his son, to Captain Montgomery to aid in his rescue. Montgomery accepted the offer and fitted out a company, under Captain Ward Marston, to go in pursuit of Sanches. On December 29th, the same day that Stocktond started from San Diego, this expedition, one hundred and one strong, marched for that purpose from Yerba Buena. For those who have an interest, we give the names of the officers of this company: Ward Marston, U. S. M. corps, Captain, commanding. J. Duval, Assistant-Surgeon, acted as Aid-de-Camp. Tansil, Lieutenant, in command of 34 sailors. Comd't. of Squdr'n and Chief of the Nat'l Forces of Cal. shipman, commanding one field piece and 10 men. C. M. Weber, Captain; John M. Murphy, First Lieutenant; John F. Reed, Second Lieutenant; commanding San Jose volunteers, 33 men. William M. Smith, Captain; John Rose, First Lieutenant; Julius Martin, Second Lieutenant; commanding Yerba Buena Volunteers, 12 men. Total, 101 men. tion as Governor--Fremont, Pressed from All Sides, Submits to the Proclamation-Taken East as a Prisoner-He Resigns the Military Service--R. B. Mason, GovernorDiscovery of Gold--The Treaty of Queretaro--What Mexico Received for California and New Mexico--Population of California January 1st, 1849--News of the Discovery of Gold Reaches Oregon--Increase of Population from 1849 to 1880. On January 2d, 1847, Sanches stood before the mission of Santa Clara, where some thirty immigrant families were left under the protection of about fifteen men; his force embraced about one hundred men, with one piece of artillery, and his camp-fires had been seen all night and had kept awake the poor souls with sorrow and fear. The morning did not bring them any hope; on the contrary, a heavy fog was covvering up the country and obscuring the view, so that they were not allowed to see the danger approaching, when, suddenly, the sound of rifle-shots were heard, giving the impression that Sanches was already coming; fearing the worst, when suddenly more and heavier complishment. The general differed with Commoshooting covinced the sentinel in the belfry of the church that something else was going on, and communicating his opinion to the listeners down below, he called down: "It's volleys of musketry; they are firing by platoons; it's Weber coming to our rescue." And so it was. The company under Marston's command had met the enemy and made an attack, which, after some resistance, ended in the enemy's retreat. The affair had lasted an hour, and the loss was about proportionate. The California Star*, of February 6th, 1847, speaks of two men wounded- -one a marine, the other a volunteer of Captain Weber's company. The expedition was reinforced next day, January 3d, by Captain William A. T. Maddox, with forty-nine mounted Monterey volunteers, and a few days later by fifteen men under Lieut. Grayson. With these forces surrounding him, Sanches was brought to the understanding that he had to surrender, and on the eighth a treaty was concluded by which he surrendered his whole force, Lieut. Bartlett and the other prisoners, together with all his arms, ammunition and accoutrements, and in return he as well as his men were allowed to go peaceably to their homes. Immediately upon the occupation of Los Angeles, before Fremont entered the place, some difference. of opinion arose between the leaders as to who should establish a civil government in the territory, and thus become its governor. Gen. Kearney, as stated before, came from New Mexico with orders to establish a civil government on the Pacific coast, as he had done in New Mexico, after he had subdued it. To say nothing about his ability to subdue the country, of which he had given proof more than twice that he was not the man to accomplish the task; but he had done as much as nothing in assistance to fulfil the ac CHAPTER X. CALIFORNIA UNDER AMERICAN REGIME. dore Stockton in regard to those orders, which accounted for his coming; the latter claimed that as those government orders make the conquest a condition for civil authority, this condition not having been complied with, the whole was null and void; while Kearney, in his arrogance, pretended that no such thing was necessary. The expression of the government had not the intention that control should be given as a reward for gained battles or subjugation of the country, but that he should establish a civil government after the country had been subdued. When, after his being subdued at San Pasqual, Stockton offered him to take the command, the general feeling quite little then, had declined, and proposed to serve under Stockton; now, that the country was subdued, he claimed to be its governor, and by virtue of his rank as general, he believed himself to be entitled to assume the command. When Fremont entered Los Angeles, the situation became still more complicated; he was outranked by both of the officers, and with him the question arose as to whom he should have to report, and whom he had to recognize as the head of the department. Finally, Fremont, either moved by sympathy or interest,. gave preference for the man under whose orders he had been acting since, and reported to Stockton on the 14th of January, 1847, and, as a matter of course, he received his appointment as governor from him in re Difference between Stockton and Kearney about the Governor-turn, two days later, with Colonel W. H. Russell as ship-Fremont's Standpoint in the Controversy-Stock-secretary of state. On the 18th of January Kearney ton Appoints him Governor-Shubrick and Kearney Join Hands-Shubrick's Circular Order-Kearney's Proclama *A paper published by Samuel Brannan, and edited by E. P. Jones, of Yerba Buena. left for San Diego; the following day Stockton also took leave from Los Angeles, went to San Pedro, embarked and started for Mexico; and Fremont, on the the 22d of January issued, at Los Angeles, his procla |