After this latter battle, the Californians broke completely and hurtled toward the North. Beyond Los Angeles, near San Fernando, they ran head-on into Frémont and his California battalion marching overland from the North. Frémont had just learned of Stockton's defeat of the Californians and, as usual, he seized the happy chance the gods had offered him. He made haste to assure the Californians through a messenger that they would do well to negotiate with him rather than with Stockton. To these suggestions the Californians yielded. Commissioners appointed by both sides then met at Cahuenga on January 13, and elaborated a treaty by which the Californians agreed to surrender their arms and not to serve again during the war, whereupon the victors allowed them to leave the country. Frémont at once proceeded to Los Angeles, where he reported to Kearny and Stockton what had happened. In accordance with his foolish determination, Stockton still refused to acknowledge Kearny's direct authority. He appointed Frémont Governor of California, which was one mistake; and Frémont accepted, which was another. Undoubtedly the latter thought that his pretensions would be supported by personal influence in Washington. From former experience he had every reason to believe so. In this case, however, he reckoned beyond the resources of even his powerful father-in-law. Kearny, who seems to have been a direct old war-dog, resolved at once to test his authority. He ordered Frémont to muster the California battalion into the regular service, under his (Kearny's) command; or, if the men did not wish to do this, to discharge them. This order did not in the least please Frémont. He attempted to open negotiations, but Kearny was in no manner disposed to talk. He said curtly that he had given his orders, and merely wished to know whether or not they would be obeyed. To this, and from one army officer to another, there could be but one answer, and that was in the affirmative. Colonel Mason opportunely arrived from Washington with instructions to Frémont either to join his regiment or to resume the explorations on which he had originally been sent to this country. Frémont was still pretending to be Governor, but with nothing to govern. His game was losing at Washington. He could not know this, however, and for some time continued to persist in his absurd claims to governorship. Finally he begged permission of Kearny to form an expedition against Mexico. But it was rather late in the day for the spoiled child to ask for favors, and the permission was refused. Upon his return to Washington under further orders, Frémont was court-martialed, and was found guilty of mutiny, disobedience, and misconduct. He was ordered dismissed from the service, but was pardoned by President Polk in view of his past services. He refused this pardon and resigned.