This order, however, he did not obey but, on 5 March 1846, fortified himself on Gavilan Peak, thus opening the first phase of the war in California. Without being attacked he retreated toward Oregon. In May while on this journey through Lieutenant Gillespie he received special instructions from Washington and returned at once to the Sacramento Valley country. Fre mont here found the American settlers in open revolt against Mexico. They had proclaimed the °Republic of Californian at Sonoma, and had adopted a white flag with one red stripe at bottom and bearing a star and bear for em blems, hence this is often called °the Bear Flag Revolin Fremont took command, and this move created an American military occupation. The naval forces under Stockton and Sloat now entered the fray, raising the flag at Monterey. The United States flag was raised soon after in San Francisco, Sutter's Fort and Sonoma. Stockton made Fremont major of the land forces.
General Kearny arrived soon after the cap ture of Los Angeles, and co-operated with Fre mont and Stockton. Fremont sided with Stock ton in the latter's differences with Kearny on the question of senior authority. At this time Fremont was commissioned lieutenant-colonel and soon after was promoted by Stockton mili tary commandant and civil governor of the Territory of California, and in this capacity in 1847 concluded the articles of capitulation by which Mexico ceded exclusive possession of that territory to the United States. In the autumn of 1847 Fremont was tried by court martial in Washington on several charges aris ing out of the conflict of authority between him and General Kearny. Fremont was found guilty and sentenced to dismissal from the service. President Polk did not confirm all the charges, and remitted the sentence. Smarting under a sense of having been greatly wronged, Fremont quit the service on 15 March 1848. Later in this same year he organized another expedition to survey a railway route to the Pacific. After enduring terrible hardships and losing 11 of his party he finally arrived in California. He had purchased a large tract of land in 1847 and gold having been discovered on his tract, on his return to California proceeded to develop it. Considerable litigation followed over the title and Fremont finally lost the lands altogether. In 1850 he was one of the first
senators sent from California to Washington. In 1853 he undertook his last expedition across the continent, made new discoveries and after many hardships reached California. In 1856 he was the first candidate of the new Republican party for the presidency.
His opposition to slavery cost him the votes of the South and he received but 114 electoral votes while Buchanan received 174. On the outbreak of the Civil War in 1861, Fremont was appointed a major-general of volunteers. He then, as commander of the Western Federal Army, marched into Missouri seeking an en counter with General Price's Confederate force. An unfortunate dispute with a subordinate offi cer caused the War Department to relieve him of his command. A few months later he was placed in charge of the Mountain Department of Virginia, Tennessee and Kentucky. His divi sion NM finally consolidated under Pope, who was Fremont's junior, and the latter declined to serve under him and resigned in 1864. He became involved in the railroad building boom of the late 60's and early 70's an3 met financial disaster in the panic of 1873. He was governor of Arizona in 1878-81, and in 1890 by act of Congress was made a major-general and placed on the retired list. In July of the same year he died in New York of ptomaine poisoning. In 1906 the State of New York erected a monu ment at his grave in Rockland Cemetery, Pier mont, N. Y. He wrote 'Report of the Explor ing Expedition to the Rocky Mountains in the Year 1842, and to Oregon and North California in 1843-44> (Washington 1845); 'Memoirs of My Life) (Chicago 1887); id. 'Souvenirs of My (Boston 1887); id. 'A Year of American Travel) (New York li378); id., 'The Story of the Guard) (1863). Consult Bigelow, John, 'Memoir of the Life and Public Services of John Charles Fremont) (New York 1856); Carvalho, S. N., 'Incidents of Travel and Ad venture in the Far West with Colonel Fremont's Last Expedition) (ib. 1857); Curtis, 'The Re publican (ib. 1904); Dellenbaugh, F. S., 'Fremont and '49) (New York 1914); Fremont, E. B., 'Recollections) (ib. 1912); Richman, I, B., 'California under Spain and Mexico) (ib. 1911); Royce, 'California) (Boston 1:•:•:); Up ham, 'Life of Fremont) (Boston 1856).