Robert Stockton letter to George Bancroft, 4 February 1847

UNITED STATES FRIGATE CONGRESS, HARBOUR OF SAN DIEGO, February 4, 1847.

SIR: As the guardian of the honour and services of the navy, I take leave to send to you the following narrative. This case requires no argument ; nor will I make a single remark in relation to the extraordinary conduct of General Kearney or the indefensible language of his notes: demands, personal collision, civil war and the bold assertion that the country was not conquered until the 8th and 9th of January by the troops under his command, speak for themselves.

I only desire at this time that you will call the attention of the President to it, and ask that General Kearney may be recalled from the territory, to prevent the evil consequences that may grow out of such a temper and such a head.

Last September I ordered an express mail to be sent in charge of Mr. Carson from the Ciudad de los Angeles to the city of Washington, to inform the President that the territory of California had been conquered and a civil government established therein. Mr. Carson was met on his way, and only within four days travel of Santa Fe, by General Kearney, to whom he communicated the above intelligence, and that Colonel Fremont was to be governor. General Kearney sent back to Santa Fe a large part of the force under his command, but came himself to the territory with a detachment of dragoons; he would not permit Mr. Carson to proceed with the express, but insisted that he should return with him to California. On the 3d of December I received a letter from General Kearney by Mr. E. Stokes, which I now enclose, marked No. 1. I immediately despatched Captain Gillespie and Mr. Stokes, with about thirty-nine mounted riflemen, to the Head-quarters of the army of the West with the letter marked No. 2. Mr. Stokes said that the General had informed him that he had about three hundred and fifty men with him.

On the night of the 6th Mr. Stokes returned to San Diego, and informed me that General Kearney had attempted to surprise the insurgents early that morning in their camp at San Pasqual ; that a battle ensued, in which the General was worsted, but to what extent he could not accurately state, because he came off immediately after the firing ceased, without communicating with any one on the field of battle ; that the General had lost many killed and wounded, and one of his guns had been taken; that the insurgents were commanded by Andres Pico, who had with him about one hundred men. The next day, Mr. Godey came in express from the General's camp, and confirmed the sad intelligence of his defeat, bringing the enclosed letter from Captain Turner of the dragoons, marked No. 3.

On Wednesday night, the 9th instant, Lieutenant Beale, of the navy, came in from the General's camp, and stated that the force under General Kearney's command had attempted to surprise the insurgents on the morning of the 6th at San Pasqual ; that in the fight which ensued General Kearney had been defeated, with the loss of eighteen or nineteen killed, and thirteen or fourteen wounded; that General Kearney and his whole force were besieged on a small hill of rocks, and so surrounded by the enemy that it was impossible for them to escape unless immediate assistance was sent to them ; that all their cattle had been taken away from them, and that they were obliged to eat their mules ; that they were burning and destroying a quantity of valuable public property tents, saddles and bridles, and camp equipage of every description, as well as private stores and clothing. Lieutenant Gray was leaving San Diego with two hundred and fifteen men, to go to the relief of General Kearney, at the moment of the arrival of Mr. Beale. He succeeded in bringing the General and his troops safely into San Diego. A few days after the General's arrival at San Diego, I offered to him the situation of Commander-in-chief of the forces then preparing for a campaign, and offered to go with him as his { aid-de-camp. He declined this pro position, but said he would go as my aid-de-camp. Soon after this he handed me his instructions from the War Department, which, having read, I returned to him with the enclosed note, marked No. 4. A short time after this, the General, in a conversation with me, intimated that, under his instructions from the War Department, he was entitled to be the governor of the territory. I replied that his instructions expressly said that should he conquer the country he might establish a civil government therein ; that the country had been conquered, and a civil government established, before he left Santa Fe, of which he had been informed, as before stated, by Mr. Carson, when he was only four days travel from Santa Fe I also said that his instructions from the War Department, under these circumstances, should in my judgment be considered obsolete arid nugatory; that, as the thing ordered to be done had been accomplished already, there remained nothing to be done; that the civil government formed by me was, at the time we were talking about it, in actual operation throughout the territory, with the exception of the Ciudad de los Angeles and Santa Barbara, where it had been temporarily interrupted by the insurgents; besides which, I had informed the government that I would appoint Colonel Fremont governor, and had pledged myself to Colonel Fremont to do so. That the thing was therefore before the government, and their approval or disapproval was probably on its way to me; and that if he had not interfered with my express, it probably would have returned from Washington by the middle of January. I supposed from this conversation, in connection with the offer of the General to accompany me as aid-de-camp, that he would not again aspire to the chief command of the territory until after the expected despatches had arrived from Washington.

The relations between General Kearney and myself remained in this condition until the morning of the 20th of December, when, after the troops had been paraded and were ready to proceed on the march to the Ciudad de los Angeles, General Kearney came to me and asked who was to command the troops. I said that, as commander-in-chief, I would command in person. But, said he, I mean who is to command the troops under you? I said that I had appointed Lieutenant Ho wan, the first lieutenant of the Cyane, to do so. The General observed that he thought he was entitled to that command. I replied, that Mr. Rowan had been appointed merely to relieve me from the details of the march and camp ; and that if he (the General) was willing to perform that duty, I did not doubt that Lieutenant Rowan would yield to him, and I would give him the appointment with pleasure.

Lieutenant Rowan yielded, and I immediately summoned the officers around me, who were in readiness to march, and announced to them that General Kearney would take Mr. Rowan's situation, but that I would remain commander-in-chief.

With this arrangement we proceeded on our march, during which I ordered when the troops were to march, the road they were to march, and when they were to encamp, and did all other things belonging or appertaining to the duties as the commander of the forces and the governor of the territory, and no one paid more respect and deference to me as such than General Kearney ; and it never was more conspicuous than in the battles of the 8th and 9th of January, as well as during our march into the city.

On the 16th of January I received the enclosed letter from General Kearney, marked No. 5, by the address of which you will perceive that I am still considered by him acting governor of the territory, at the very moment he arrogates to himself the supreme power of demanding of me to desist from the performance of my duties. I also send my reply, marked No. 6, and his rejoinder, marked No. 7, with a note subsequently received from him, marked No. 8.

Faithfully, your obedient servant,

R. F. STOCKTON, Commodore, &c.

To the Hon. George Bancroft,

Secretary of the Navy, Washington, D. C.