A. J. Smith and George Stoneman were with him, and were assigned to the company of dragoons at Los Angeles. All these troops and the navy regarded General Kearney as the rightful commander, though Fremont still remained at Los Angeles, styling himself as Governor, issuing orders and holding his battalion of California Volunteers in apparent defiance of General Kearney. Colonel Mason and Major Turner were sent down by sea with a paymaster, with muster-rolls and orders to muster this battalion into the service of the United States, to pay and then to muster them out; but on their reaching Los Angeles Fremont would not consent to it, and the controversy became so angry that a challenge was believed to have passed between Mason and Fremont, but the duel never came about.

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