Fremont, deliver up their artillery and public arms, and that they shall return peaceably to their homes, conforming to the laws and regulations of the United States, and not again take up arms during the war between the United States and Mexico, but will assist and aid in placing the country in a state of peace and tranquillity.

Art. 2nd.  The Commissioners on the part of Lieutenant-Colonel Fremont agree and bind themselves, on the fulfilment of the 1st Article by the Californians, that they shall be guaranteed protection of life and property, whether on parole or otherwise.

Article 3rd.  That until a Treaty of Peace be made and signed between the United States of North America and the Republic of Mexico, no Californian or other Mexican citizen shall be bound to take the oath of allegiance.

  Article 4th.  That any Californian or citizen of Mexico, desiring, is
  permitted by this capitulation to leave the country without let or
  hinderance.

  Article 5th.  That, in virtue of the aforesaid articles, equal rights
  and privileges are vouchsafed to every citizen of California, as are
  enjoyed by the citizens of the United States of North America.

  Article 6th.  All officers, citizens, foreigners or others, shall
  receive the protection guaranteed by the 2nd Article.

  Article 7th.  This capitulation is intended to be no bar in effecting
  such arrangements as may in future be in justice required by both
  parties.

  ADDITIONAL ARTICLE.

  Ciudad de Los Angeles, Jan. 16th, 1847.

That the paroles of all officers, citizens and others, of the United States, and naturalized citizens of Mexico, are by this foregoing capitulation cancelled, and every condition of said paroles, from and after this date, are of no further force and effect, and all prisoners of both parties are hereby released.

  P.B.  READING, Maj.  Cal’a.  Battalion. 
  LOUIS McLANE, Com’d.  Artillery. 
  WM. H. RUSSELL, Ordnance Officer. 
  JOSE ANTONIO CARILLO, Comd’t. of Squadron. 
  AUGUSTIN OLIVERA, Deputado.

  Approved,

  J.C.  FREMONT, Lieut.-Col.  U.S.  Army, and Military Commandant of
  California.

  ANDRES PICO, Commandant of Squadron and Chief of the National Forces
  of California.

The next morning a brass howitzer was brought into camp, and delivered.  What other arms were given up I cannot say, for I saw none.  Nor can I speak as to the number of Californians who were in the field under the command of Andres Pico when the articles of capitulation were signed, for they were never in sight of us after we reached San Fernando.  Distance 12 miles.

January 14.—­It commenced raining heavily this morning.  Crossing a ridge of hills, we entered the magnificent undulating plain surrounding the city of Angels, now verdant with a carpet of fresh vegetation.  Among other plants I noticed the mustard, and an immense quantity of the common pepper-grass of our gardens.  We passed several warm springs which throw up large quantities of bitumen or mineral tar.  Urging our jaded animals through the mud and water, which in places was very deep, we reached the town about 3 o’clock.