The work of enlisting the five thousand men thus requisitioned was carried forward with great rapidity.  Within two weeks, on the 28th, the Pony Express brought word that the War Department was about to order this force overland into Texas, to act, no doubt, as a barrier to the advancing Confederate armies who were then planning an invasion of New Mexico as the first decisive step in carrying the conflict into the heart of the Southwest.  It was understood, further, that General Sumner would be ordered to vacate his position as Commander of the Department of the Pacific and lead his recruits into the service.

To the authorities at Washington, a campaign of aggression with western troops had no doubt seemed the best means of defending California and adjacent territory from Confederate attack.  To the Unionists of California, the report that their troops and Sumner were to leave the state spelt extreme discouragement.  They had felt some degree of hope and security so long as organized forces were in their midst, and the presence of Sumner everywhere inspired confidence among discouraged patriots.  To be deprived of their soldiers was bad enough; to lose Sumner was intolerable.  Accordingly, a formal petition protesting against this action, was drawn up, addressed to the War Department, and signed by important firms and prominent business men of San Francisco[20].

In this petition they said among other things, that the War Department probably was not aware of the real state of affairs in California, and they openly requested that the order, be rescinded.  They declared that a majority of the California State officers were out-and-out secessionists and that the others were at least hostile to the administration and would accept a peace policy at any sacrifice.  They were suspicious of the Governor’s loyalty and declared that, “Every appointment made by our Governor within the last three months, unmistakably indicates his entire sympathy and cooperation with those plotting to sever California from her allegiance to the Union, and that, too, at the hazard of Civil War."[21]

Continuing at detailed length, the petitioners spoke of the great effort being put forth by the secession element to win the forthcoming election.  Whereas their opponents were united, the Union party was divided into a Douglas and a Republican faction.  Should the anti-Unionists triumph, they declared there were reasons to expect not merely the loss of California to the Union ranks but internecine strife and fratricidal murders such as were then ravaging the Missouri and Kansas border.

The petition then pointed out the truly great importance of California to the Union, and asserted that no precaution leading to the preservation of her loyalty should be overlooked.  It was a thousand times easier to retain a state in allegiance than to overcome disloyalty disguised as state authority.  The best way to check treasonable activities was to convince traitors of their helplessness.  The petitioners further declared that to deprive California of needed United States military support just then, would be a direct encouragement to traitors.  An ounce of precaution was worth a pound of cure.