Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-12-04
ARMY COURT MARTIAL.
SATURDAY, Nov 27-TwENTr-FIRsr DAY.
The Court met pursuant to adjournment; all the
lembers in attendance.


Court and asked leave to make explanation in regard to
his evidence then given Leave being granted
Major Cooke requested the Judge Advocate read
him the record of that part of his testimony which referred
Lieut.. COL Fremonfs being in actual command of the Cali
forna battalion at the time Major Cooke received verbal
der from Gen. Kearny in relation certain artillery in pos
session Of that battalion
The following question and having been read to the
witness, viz
Question In your cross-examnaon you speak Of certain
verbal orders of Gen. Keay, under which and his written
letter you would have "crushed" the resistance Of Captain
Owens how did you consider those orders applicable
and was not Lieut. Col. Fremont then in command OF the
California battalion
4ts,cer When those verbal orders were
given and when they received Lieut. Col Fremont
the neghborhood of the California battalion but calling
himself Governor did not know whether he in the actual
command Of received, at the time with the
memoranda verbal ORDERS department order placing
command the distrct but might have included the
command OF that battalion prior to their being mustered into
service"
Major Cooke said do not remember whether used
acy the words recorded The Judge Advocate had the
down thus " But u did not include the
mand Of that battalion am reported differently from that
Those words do convey my full meaning. must have
alluded the fact that the Department order evidently antc
pated the baaons being mustered into service. If had
been at Los Angeles when that order received certainly
should not have considered the battalion under orders
until Lieut. COL Fremont had mustered them into the
he remained command of them but, arriving there
afterwards and finding the battalion then embodied and sta
toned considered hemns certainly subject to my orders
Col Fremont Their commander senior to me.
EDWIN BRYANT called as witness on the part
of the prosecutions and duly
The Judge Advocate said he had the witness accord
ing The wish heretofore expressed by the Defence that all
the witnesses of which the accused had been notified should
be called though needed by the prosecutions in order that
they might be cIossexamned if the defence deemed proper
but he had himself no questions to ask him.
The witness was thereupon crossexaned on the part OF
the accused.
Question: Did you sell dispose of lots lands in Cali
fonia by order of Gen. keany If So these the orders
advertisements under which you acted ..
A paper was here shown to the witness.
Asoer. did not sell any lots lands in California
der the orders of Gen. Keany advertised certain lands for
sae but they were not sold disposed of when left Cali
fornia The paper shown is, suppose copy of the
decree of Gen. Kearny under which acted
The witness here added advertised these lands for sale
not by order of Gen. Keamy, but by his permission
Question Is this the sdecree" of Gen. Kearny to which
you alude
AnStrer. Yes.
The following advertisement then read to the witness
from newspaper entitled g the Californian :"
Great sale Of caab real estatein the toon Of San Fran
CISCO Upper California.
e Oh an ms he ra & and o,e
rest of the United States and OF the Territory of California
the beach and lots the front Of the ofsan
Francisco have been granted conveyed and released to the
people or corporate authorities OF said town.
ssDecree Of Governor Keariy.
"l, Brig Gen 5. w. kearny, Governor OF California BY
virtue of authority vested in by the President Of the United
States America doheeb grant, and release unto the
of San Francisco, the people corporate authorities
thereof all the right title and interest of the Government OF
the United States of the Territory California in and
the beach and lots the front OF said of San
Francisco included between the points known the Rncon
and Fort Montgomery excepting such lots may be selected
for the Of the United States by the senior Of
army now there provided grant
hereby ceded shall be divided into lots and sold by public
the highest bidder after three months notice previous
y given the proceeds said be for the benefit OF the
Given Monterey capital of California this 10th day
March isi and the seventy year of the Of
the United States 80. w. kEARNY,
s.Brig Gen. and Governor of California"
In connexon with the foregoing question, member OF the
Court presented the following the President, which
read aloud by the Judge Advocate
"a member suggests that it would time TO allow the
accused TO state quite briefly the purpose or object Of the
question"
The Judge Advocate said that
He supposes the object Of Col Fremont is show that
General Keany Governor of California exercised author
~ sell public land. In the sixth specification, under the
first charge charged that Col Fremont bought land for
public The object to be to justify the exercise
Of such authority the part of Col Fremont The Judge
Advocate does not feel called to object to this mode OF
reaching that object"
The witness here said by way explanation that his for
confined in its application strictly TO the ex
press order shown him. Acting alcade at San Fran
CISCO by appointment Of Gen. Keay granted and sold
lots and land belonging the public without special order
from Gen. Keany, nut according to the usages of the
try and the powers exercised by alcalde there.
Question. Did you act acade by order Of Gen. kearny
in San Francisco Anstcer. did.
Question And if so, what law did you enforce among the
people after Gen. Keanys proclamation dated March lst
ls47 and is this true copy Of that proclamation
AlStoer. believe it TO be true copy. In administering
justice endeavored to conform, nearly could, to the
Mexican laws and customs.
The proclamation here read by the Judge Advocate
follows
"To the People Of California
sThe President of the United having instructed the
undersigned take charge of the civil government Of Cafor
he enters his duties with ardent desire
far he is able the interests OF the country and the welfare
of its inhabitants
"The undersigned has instructions from the President to
respect and protect the religious institutions of California and
that the religious rights Of the people in the ampest
preserved to hem the Constitution OF the United
States allowing worship his Creator in such
manner as his own conscience may dictate to him.
The undersigned is also instructed protect the
and property the quiet and peaccabe inhabitants OF the
try against all OF their enemies whether from abroad
at homes and when he the Caloans that It
will be his duty and his pleasure comply with those nsruc
tons, he calls upon them all themselves in
ing order and tranquility promoting harmony and concor
and in maintaining the authority and the efficacy OF the laws
II is the wish and design Of the United States provide
for California with the least possible delay free Government
similar those in her other Territories aud se people will
be called exercise their rcemen elect
ing thr representatives, make such laws be
deemed best their interest and welfare But until this
be done the laws in existence and in conflict with the
Constitution Of the United States viii be continued until
changed by competent authority and those persons who hold
Office will continue in the for the present provided
support that constitution and faithfully perform
their duty.