he settled parts of California, near Monterey, where he found
Commodore Sloat in command of a United States fleet. In co-operation
with him and largely through Fremont's agency, the Mexican authorities
were dispersed, the flag of the United States was raised at Monterey
and other points, and all was accomplished before information was
received of the existence of war between the United States and Mexico.
These proceedings were justified by the Government of the United
States. 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. When the findings of the
court were announced, and the action of the President was made known to
Fremont, he wrote a letter to the Adjutant-General resigning his
commission as Lieutenant-Colonel of the Army, and giving as a reason
that he could not, by accepting the clemency of the President, admit
the justice of the sentence.

It is not easy, from a legal point of view, to justify the action of
the President. If the conduct of Fremon