In the month of December following, Brigadier-General S. W.
Kearny arrived in the Territory, and ultimately there was a conflict
between him and Commodore Stockton, who had succeeded Commodore Sloat,
as to the command of the forces in California. Until the arrival of
Kearny, Fremont had been acting under the orders of Commodore
Stockton, had raised troops, and had received from him the appointment
of Governor of the Territory. General Kearny, in asserting his
authority as commander-in-chief, ordered Fremont to raise troops and
submit himself to his orders. This Fremont declined to do, giving as
his reason that he had acted under Commodore Stockton, that it was
their duty to adjust their differences, and that until they had done
so, he should act under the orders of Commodore Stockton. This course
on his part led to his arrest while on his way to Washington, and his
trial by a court martial upon three charges: "1st, mutiny; 2nd,
disobedience of orders; and 3d, conduct prejudicial to good order and
discipline." On these charges he was convicted, and sentenced by the
court martial to be dismissed from the service. Six of the officers
who were of the court recommended him to the clemency of the President.
The President disapproved of the findings of the court as to the charge
of mutiny, but expressed the opinion that the second and third charges
were sustained by the proofs; but that, in consideration of the
valuable services of Lieutenant Colonel Fremont, the penalty of
dismissal from the service was remitted.
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