Note 19 — XXXI THE AMERICANS AS CONQUERORS 1846–1848

Kearny claimed the right to govern, but Stockton and Frémont insisted that his instructions to take possession of California and establish a civil government there had been made obsolete by events. Kearny perforce accepted the situation for a time, and with his dragoons went north at the end of January. The friction between him and Frémont was acute. Finally, when both were on their way east, Kearny had Frémont arrested. On charges—essentially insubordination—preferred by the General, Frémont was tried by a court-martial and sentenced to be dismissed from the army (65adj. gen., orders, Feb. 17, 1848). Polk remitted the sentence, but Frémont resigned. This controversy having been merely incidental to the war, more space cannot be given to it; but, as the opinion of the author may be desired, he will say, after reviewing all the documents of the case, that he thinks Frémont was a provokingly unprincipled and successful schemer, and that Kearny showed himself grasping, jealous, domineering and harsh.