being not far distant, the commodore despatched a confidential emissary to ascertain, under cover of night, their exact position and strength. They were formed between the invading army and the Rio San Gabriel, apparently waiting to give battle, and were estimated at from one thousand to twelve hundred men, composed almost wholly of cavalry. On the morning of the 8th, Stockton ordered all the guns of his men to be fired and re-loaded, and passing through their ranks, reminded them that it was the anniversary of the battle of New Orleans. They were then formed in a square, with the baggage and cattle in the centre. On approaching the river, the enemy were observed prepared for their reception, and strongly posted on the opposite heights. The banks commanding the ford (which was occupied by the artillery of the Californians), were about fifty yards from the river, quite steep, and about fifty feet high. When within a quarter of a mile of the ford, the men were formed in line, and orders given that not a gun should be fired until the crossing was effected. The enemy, however, kept up a perpetual and brisk fire, though with little effect. In the act of crossing, the water being about four feet deep, word was sent by Kearny to the commander-inchief that the bed of the river consisted of quicksand and could not be passed with the guns. Stockton instantly repaired to the head of the column, seized the ropes, and with his own hands assisted to drag over the artillery. The passage effected, the troops were again formed for battle. The commodore took charge of the artillery, and pointed his guns with such precision that the enemy were soon compelled to abandon theirs; when he sent Lieut. Gray with orders to Kearny to charge up the bank and seize them, while he prepared to receive a charge which was about being made on his flank. Before Kearny could reach the summit of the ascent, the Californians returning, withdrew their guns, making but a feeble stand against the general. The greater part of their force, after making a circuit of some hundred yards, descending to the level of the river, attacked Stockton on his left flank; but they were so warmly received that they retreated upon the hill, the commodore following, charging up the declivity with his artillery, in the very face of the enemy. On his reaching the heights, the latter were seen at a short distance,

drawn up in battle array, with their artillery in front. The Americans were now ordered to lie down, while their leader ran out his guns, and poured upon the adversary a well-directed fire, he himself aiming each piece as fast as it was loaded, with such fatal effect, that the enemy were repeatedly driven from their guns. Several ineffectual attempts were made by them to charge; but the steady front, cool courage, and well aimed rifles of the assailants repelled their attacks. Dispersed in every direction on the heights, a portion of their right wing wheeled upon the rear of the American forces, and attacked Capt. Gillespie, encumbered with his baggage and cattle, who received them so warmly that they fled across the river. Their main body retreated before the assailants, until reaching a ravine, they renewed a brisk fire, when Stockton again took charge of the guns, and by his well-directed shots, drove them from their position. They then rapidly fled, carrying off their killed and wounded, the numbers of which could not be ascertained. The Americans lost two killed and nine wounded.

On the 9th, Stockton pursued the retiring foe in the direction of Los Angeles, and after a march of six miles came up with them on the Plains of the Mesa. They were well posted, with a ravine to the left of their line, which masked their artillery. When about six hundred yards distant they opened a fire on the advancing column. Preparations for a charge were visible in their ranks, and they were observed to be joined by a strong reinforcement. Stockton formed his whole force in square, with the baggage, horses and oxen in the centre, and gave imperative commands to his men not to fire a shot until he gave the signal, which he said would not be until he could see the eyes of the enemy. The Californians made a gallant charge. It is said by those who witnessed it, to have been a brilliant spectacle. Gayly caparisoned, with banners flying, mounted on fleet and splendid horses, they bounded on, spurring to the top of their speed, on 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 capable of resisting such cavalry. But inspired with the cool courage and dauntless heroism of their leader, his men patiently awaited the result. The

signal was at length given, and a deadly fire, directed according to orders at the 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 results,—their ranks breaking up 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, they scattered and fled in every direction.

On the 10th of January, at the head of his advanced guard, on the broadest and principal road leading into Los Angeles, the Commodore, with banners waving, marched into the city. He directed Captain Gillespie to raise the same flag which he was compelled to strike on the previous September.

A few days after these events, Fremont, without knowledge of Stockton's movements and success, encountered Gen. Flores and Andreas Pico and their disheartened remnant of followers, who in humble terms sued for peace. Not knowing that the commanderin-chief had refused to treat with them, Fremont entered into negotiations, and finally agreed upon articles by which they stipulated to surrender their arms, including the gun captured at San Pasqual from Gen. Kearny, and cease from all further resistance. These articles it was thought desirable to approve, as they were considered a final pacification in the territory between the contending parties, and as clemency on the part of the conqueror was more likely to insure that result than the sanguinary exercise of inexorable justice.

The following general order must close our narrative of the military operations of Com. Stockton in California. We have extended it far beyond the limits originally contemplated; but as the history of these events is closely connected with the subsequent prosperity of the country, and the present condition of San Francisco, we have thought best to give it in all its interesting details.

"Head-quarters, Ciudad de los Angeles, January 11th, 1847.

"The COMMANDER-IN-CHIEF Congratulates the officers and men of the southern division of the United States forces in California on the brilliant victories obtained by them over the enemy on the 8th and 9th instants, and on once more taking possession of Ciudad de los Angeles.

"He takes the earliest moment to commend their gallantry and good conduct, both in the battle fought on the 8th, on the banks of the Rio San Gabriel, and on the 9th inst., on the Plains of the Mesa.

"The steady courage of the troops in forcing their passage across the Rio San Gabriel, where officers and men were alike employed in dragging the guns through the water, against the galling fire of the enemy, without exchanging a shot, and their gallant charge up the banks against the enemy's cavalry, has perhaps never been surpassed; and the cool determination with which in the battle of the 9th they repulsed the charge of cavalry made by the enemy at the same time on their front and rear, has extorted the admiration of the enemy, and deserves the best thanks of their countrymen.

"R. F. STOCKTON,

"Governor and Commander-in-Chief of the Territory of California."

Commodore Stockton, in pursuance of instructions which he had communicated to the Government in September, now appointed Col. Fremont governor of the territory, and Wm. H. Russell, secretary. It is painful to relate that unfortunate disputes arose as to the right of Fremont to the high dignity of governor. General Kearny produced a commission appointing himself to the office. His pretensions, however, were opposed both by Stockton and Fremont, who contended that a new train of circumstances had arisen since the produced commission had been granted. The instructions to General Kearny from the war department, ("should he conquer the country,") Com. Stockton considered as anticipated by himself; and of course the resulting action prescribed by those instructions contingently, ("to form a civil government,") as devolving on himself, the real conqueror of the territory. In these views of Stockton, the Government entirely acquiesced,—so far as respected the approval in mass of his whole conduct,—the secretary of the navy specially thanking him for anticipating the wishes of the Government. It is not a little singular, that although the validity of Stockton's acts was thus sanctioned, yet Col. Fremont, for obedience to his orders, was tried by court martial, and convicted of disobedience to the orders of Gen. Kearny. His sentence

was suspension from the service; but the President, in consideration of his many services and mitigating circumstances, was pleased to remit the punishment, and ordered him to be restored to his former rank. But Fremont, being of opinion that he had done no wrong, refused to accept this clemency, and accordingly resigned his commission, and retired from the American military service. Whatever may have been the merits of this case, it is certain that Fremont showed himself a true hero, in his efforts to overthrow the Mexican power in California, and is deserving of the gratitude of American settlers in that territory. As an adventurous, persevering and talented explorer, who has laid open practicable and easy paths to a great country that had long been closed against the boldest pioneers, he deserves the approbation of the civilized world.

In the mean time, General Kearny applied to Commodore Shubrick (who arrived in California on the 22d of January, 1847, and as senior in commission, superseded Commodore Stockton in command of the squadron,) to place him in the chief command. But under the instructions to Com. Sloat of 12th July, 1846, which devolved on the naval commander the conquest and civil government of California, Shubrick did not consider himself authorized to accede to his wishes. Soon after, however, other instructions, dated 9th November, 1846, having been received by Com. Shubrick, Kearny was recognized as governor, and acted as such until he relinquished the command to Colonel Mason, upon his departure for Washington. These instructions Kearny did not communicate to Fremont. Thus there were two acting governors at the same time in California, and Fremont, without any knowledge of his authority being annulled by the instructions of the 9th November, subjected himself, in the performance of what he considered his duties, to charges of disobedience to his superior officer. He was ordered to surrender the howitzer lost by Kearny at San Pasqual, at this time in possession of the California battalion, to the Mormon regiment under Col. Cooke. This could not have been done without the hazard of a revolt, and therefore was declined by Fremont.

Before narrating the further steps adopted by the Americans, when they had thus taken military possession of the country, we