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GENERAL JOHN C. FREMONT 345 men to quit the country at once or they would be sent as prisoners to Mexico, is a source of much controversy between historians of that day and this. Fremont could not retreat into the desert with his scanty outfit. A rude fort was built at once on Hawk's Peak, some thirty miles from Monterey, and the Stars and Stripes flung out, Fremont and his men ready to take the consequences of such defiance. When they withdrew, as they did in a few days, overtures from the Mexicans followed them, even a proposition from the Spanish officer that Fre- mont should join with him and declare the country independent of Mexico. Fremont mcfVed northward. He had reached Tlamath Lake when overtaken by a special messenger from Washington, the bearer of a despatch which had been memorized by the messenger to prevent its falling into the hands of the Mexi- cans, and which Fremont interpreted to mean that it was the wish of the Cabinet that he should aid in taking and holding California, in the event of any occur- rence which he thought justification for so doing. The English must not strengthen their foothold on the coast. Someone must look after the interest of the United States ; he was on the ground. If a crisis came he must act with- out written authority, promptly and discreetly "Get it honestly if you can but get it." He returned at once to California, and found it in a revolutionary state. The American settlers had hoisted what was called the Bear Flag, and were eager to fight for the overthrow of the Mexican authority in California. It is a long story, that of the conquest of California. Fremont's right to be called the Conqueror or the Emancipator is bitterly disputed by some, who claim that he attacked the Californians by irregular warfare, and so thwarted the con- ciliatory designs of the Government. Be that as it may, by July 5, 1846, the Bear Flag insurgents under Fremont had declared their independence of Mexico, and Fremont had been appointed Governor of California, and had hauled down the Bear Flag and raised the Stars and Stripes. A constitution had been drawn up and the territory declared to be in the possession of the United States. Jan- uary, 1847, "the enemy" capitulated to Fremont. "The celerity and boldness of his movements in the conduct of the affair were only surpassed," says a con- temporary, "by the moderation and clemency of his policy." "The decisive point," wrote George Bancroft, " in the establishment of the Union on a firm basis had been gained." The seizure of California in 1846 has been called, from another outlook, "one of the least creditable affairs in the highly discreditable Mexican War," and Fre- mont nothing more than a filibuster seeking private ends. California had been made ours, nevertheless, and Fremont had secured the prize. In the meantime the Mexican War had begun, and Commodore Stockton, of the U. S. Navy, was hastening to California by sea under orders to subjugate the country. General Kearney was marching westward by land under like or- ders. Of course there was a dispute about precedence when both were upon the ground, each asserting his right to command the other, both issuing orders and insisting upon the right to precedence. The difficulty of serving under two mas- ters was experienced by Fremont. General Vallejo testified that he received in