Kearney departed for Monterey. Here he found Commodore Shubrick, on board the United States ship of war Independence. Kearney and Shubrick were now in possession of official authority from their government, appointing the former Military Governor of California, and the latter supervisor of customs, port charges, and naval affairs. On the 1st day of March, 1847, these two officials made a joint proclamation, setting forth their official positions, and forwarded a copy of the document to Governor Fremont, whose brief gubernatorial star of less than two months was eclipsed forever. Kearney, from this date, entered upon the duties of his new office as Military Governor of California.

Fremont, aware of the official authority by which Kearney was acting, obeyed the orders of his new superior; but the officers and men of Fremont's battalion, and indeed the whole native population, felt so indignant at what they conceived to be an outrage perpetrated on Fremont, that there was much danger of another outbreak.

Important events were now transpiring with great rapidity. Colonel Mason had arrived from Washington with instructions to relieve General Kearney, assume military command, and relieve Fremont from all connection with the army, allowing him either to pursue his explorations northward or to join his regiment and obey the commands of the new military governor. Here ended the two months military reign of General Kearney, who, on the 19th of June, 1847, started on his journey overland to Washington, compelling the ill-treated Fremont to turn over to another his surveying instruments, sold all the horses he had collected,

refused him permission to join his (Kearney's) regiment, and obliged him to follow in the wake of his (Kearney's) trail across the plains, and to encamp at night never more than one mile from Kearney. This was a most humiliating position, but Fremont was obeying the orders of his superior officer. Kearney was determined to crush him, and at Fort Leavenworth Fremont was arrested, carried to Fortress Monroe, where a court-martial found him guilty of disobedience. mutinous and disorderly conduct, and sentenced him to forfeit his commission. President Polk, however, approving the findings and decisions, discharged Fremont from arrest, and requested him to report for duty; but Fremont, regarding the whole situation as an outrage and an insult, resigned his commission, and returned to private life: not to be forgotten, however, for the majority of the people of the country considered him the pioneer conqueror of California, and a much-abused man, and, in respect of his eminent service, and the sympathy consequent upon a real or supposed persecution, he was placed at the head of the ticket for President of the United States by the Republicans in 1857, when he received 1,341,514 of the popular vote to 1,832,232 by Buchanan, the successful Democrati candidate.

CHAPTER VIII.

Colonel Mason and General Riley in command of the government of California--End of the Mexican war-Acquisition of Texas and New Mexico-Treaty between the United States and Mexico -Boundary established-Convention to frame a State Constitution meets at Monterey-California admitted into the UnionTreaty between England and the United States defining western boundary-Claims of Portugal to California-Claims of Spain— Pope Alexander VI settles the dispute-Treaty between Spain and Portugal-A bull from the Pope-Chain of title to California -Speech of Hon. Thomas H. Benton on the boundary question -Treaty stipulations - Rulers under Spanish, Mexican, and United States governments in California-English, French, and American Consuls in California.

COLONEL RICHARD B. MASON, who succeeded General Kearney as Military Governor of California, assumed command on the 31st of May, 1847, and continued in office until the 13th day of April, 1849; when he was succeeded by General Bennet Riley, who entered upon the office of military governor, under whose administration affairs were conducted until California was admitted as a State into the Union, on the 9th of September, 1850.

The war between the United States and Mexico, which began by the battle of Palo Alto, on the 8th of May, 1846, and ended with the fall of the city of Mexico, on the 14th of September, 1847, and which secured to the United States Texas and New Mexico, afforded little opportunity for the government to quell disturbances or establish a government in the then inaccessible land of California.

At the close of the Mexican war, a treaty was entered into between the United States and Mexico, defining

the southern boundary of the United States, and ceding a vast portion of the northern territory of Mexico. By the terms of this treaty, the line dividing the republic of Mexico and the United States was declared to be the Rio Grande, to the thirty-second parallel; thence westward along the southern line of New Mexico to the Gila river; thence following that stream until it joined the Rio Colorado; thence westward to the Pacific ocean south of San Diego about one league, and in latitude thirty-two and a-half; the United States paying fifteen million dollars to Mexico, and adopting the claims of citizens of the United States against that country. This treaty, ceding New Mexico and California, and defining the southern boundary of the United States, was dated at the city of Guadalupe Hidalgo, February 2, 1848; exchanged at Queretaro, May 30, 1848; ratified by the United States, March 16, 1848; and officially proclaimed by the President, July 4, 1848; and thus the title of the United States to New Mexico and California was complete.

Meantime, General Riley, as military governor, continued to rule California. On June 3, he issued a proclamation calling a State Convention to frame a constitution. The convention assembled at Monterey, on Monday, September 1, 1849. The constitution was adopted October 10, 1849, and ratified November 13, 1849. On the 20th of December, 1849, General Riley proclaimed the election of the new governor under the constitution, and resigned his position as military governor; and, by act of the United States Congress, California, without going through the probationary stages of a civil territorial government, was, on the 9th day of September, 1850, admitted into the Union.

During the early part of the conquest of California, the western boundary of the whole American possessions was undefined, and a source of danger between England and the United States; but happily, on the 15th of June, 1846, a treaty was concluded between the two nations, confirming the western boundary of the American republic, and also confirming the title of the United States to the Territory of Oregon, the boundary line being "the forty-ninth degree of latitude from the Stony mountains west to the middle of the channel which separates Vancouver island from the continent; thence southerly through the middle of the channel and to Fuca straits to the Pacific ocean."

The more fully to define and illustrate to the reader the origin of the legal Spanish and American titles to California, and to understand the chain of titles, let it be remembered that the Portuguese, previous to the discovery of America by Columbus in 1492, had discovered the Azore islands, in longitude thirty-one west; in consequence of which, all the discoveries made by Columbus were claimed to belong to the crown of Portugal, and that Spain had no title to them and that her subjects should be excluded from these possessions. This proposition was rejected by Spain. The dispute upon the right of possession between Spain and Portugal to these countries was referred to Pope Alexander VI-the law of nations and the adopted law of the world then recognizing the pope as the ultimate source of all temporal power. He was king of kings, making and unmaking them and their possessions at will, without recourse upon the part of the dethroned. The origin and source of all landed titles was conceded to be in his infallible holiness.