The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-12

TALON without my sanction or approval being first OBJ
Q. At what time of the day,
A. To the best Of my recollection, II was In the morn
O. At what hour of the morning before noon of the
A. Its mpossible for me to remember but should
think 1t was before noon. The particular time can DO
Did not Governor stockton, in writingou that day
suspend you from all COMMAND and sign the oroer Us
commandsr-in. chief!
| A. On tbs 18th June as remember having address
ises,ons 70 hi. forming civil government for California
received comm unicston from him In reply, 10 which
hs stated that he would do nothing desst from no
thing or .al.sr any thing on my demand" He added
that he would report the and ask for
commend by which suspension / oonsdere' he meant
the sailors marines and gave up the command Of
always conceded t, him. My letter Lieut. Col Free
have been written b-fors my Letter to CON-
Had you not sshausrd the Argument with
Com Stockton before the order to Lieut. COL Fremont!
@ Had you not bsen In controversy with him about
the govsrnorshp Of California, both verbally and In
A arrived at San Diego on the 18th December on
the 2sth had conversation with him. (Com rsa-
tive to tho orders to from the War Department re-
specting the civil government of California. had
other conversation with him the subject to the best
" my recollection, at any other time.
@. Did you not have further controversy about the
norshp. after you the order 20 1t Colonel
Fremont against rsorsanisng the battalion
stated.
@ Did you write to Com Stockton letter the 18th
January last In relation to the point In controversy to
VIII: the Govsroorship of California?
did IL my letter of 18th January that Com.
Stockton had references to- letter to him of the day
previous to his reply thereto
@ Az what tms of tho dav-before after the inter-
view with 1t Col Fremont!
To the of my recollection 1t after the In
tervi-w
Question repeated.
A am trying to remember. After pause OF a few
moments ! caunot remem
@ In the letter to you, does he the words COLI
sious" civil wars" So, as being prevented and that
you would bs silent"
Col Loso = Can the letter be produced
Col BENTON, softly, to the Judge Advocate eve can
produce the letter In the morningwe have other
question or 40 to ask.
Grs KEARsY Il remember the letter well, and have
JuDeE ApvocArE-WeI, sir you vill give 1t to US.
Gen Kearny proceeded to read; but directly passed
letter to the Judge Advocate who read IL to the
HEADQUARTERS ARMY OF THE WEsr,l
Ciudad de los Angeles, Jan. IL, l9l7.
SIR In my communication TO you of yesterday date,
stated that had learned that you engaged In
you the Presidents instructions Ihe original
of which you have seeo and copies Of which furnished
you) to perform that duty and added that you had
authority from the President any Of his organs
for what you doing would cheerfuly acq uissce;
aud If you had not such authority demanded that you
would further proceedings in the matter Your
reply OF the date, refers to conversation held
at San Diego and adds that yon cannot do hing
desst from doing anything or alter anything on
your [my] demands" AS in quence the defeat
Of the enemy the 9Th and 9th instant by the troops
under nay command and the capituatiou entered into
on the 18th instant by Lieutenant Colonel Fremont
with the leaders of the Calfornians which the PEG
pie under and in the field agreed to dispense
rep.an quiet and peaceabethe country may now, for
the FIRST time be considered conquered taken pos
session Of by and prepared carry out the
the purpose Of preventing collision bet U.S. and
possibly civil wa In consequence Of 1t, remain silent
for the present. leaving with the great responsibility
of doing that for which you have authority and
venting from complying with the Presidents orders
Very respectfully your oesdisnt servant,
Com F. STOCKTON, u Navy,
Acting Governor Of California.
G. Did writs to the Secretary of War before you
left Los Angeles that after the arrival Of the Mormon
battalion and New York -giment, you would take the
management gem mt Of affairs 1l In the country
Yes sir have copy OF that letter Letter read
! as follows]:-
HEADQUARTERS CIuDAp DE Los ANoELEsl
| UPPER CALIroRNIA, Jan. Ia, l6I7. :
Sir This morning Lieut. Col Fremont, of the regi.
ment of mounted rifles repaired here with 400 voun
with him yesterday Fernando agreeing lay
down their arms; and have the prospect of
ing peace and happiness which we hope may not be in
not yet received any inform alton of the troops
which were to come from New York Of those to fol
low me from New Mexico but presume they will be
here before long On their arrival shall agreea
the instructions of the President the United states
take the management Of affairs of this sountrv and will
endeavor to carry out his views in relation to 1t.
Very respectfully; your obt servant,
Brig. Gen. RooER JONES Adj. Gen ". 8. A.
@. Did the Mormon battalion and New York regiment
arrive before you attempted get the command of the
California battalion, through your order Lieut. Col
Fremont, of the 18th Of January?
A. The California battalion was under my command
from the time Of Lieut. Colonel Fremonts reporting 1t
t me the 18th Of January. The Mormon battalion
arrived at San Diego about the 2sth January and the
New York regiment arrived at San Francisco early in
hsrch.
@. Was the attempt to get command OF the California
battalion on the 18th January in virtue of your
uand Of them and other forces as Brgader General
and was the attempt made lin opposition to Governor
stockton!
A. was a Brigadier General In the United States ar
my, and the accused Lieut. Colonel. In command
| OF the battalion at the time.
@ Was the attempt to get command In opposition to
| Com Stockton?
| A. Insde no attempt to get the command. The bat.
| TALON was already under me
| q Was Commodore Stockton's order suspendina
you. express 10 suspendpg you from the command
| all the U iorcrs 10 that place Los Angeles!
GIN KEARrY-His letter -
JupoE Aov. viii you pro duce his letter?
Col BESroN-Yes, sir tomorrow we will bring down
@ Was MT your order to Lieut. Col Fremont deli.
vered to him at eight O'Clock the night of the 18th!
A Lieut. Emory ishsre in the city, and answer
The Judge Advocate here that he perceived
the wide difference of opinion between himself and the
court in regard the relevancy OF the
top and that he should act In Difference their
ion
Col fremont states that be has many more questions
to offer founded papers but he will produce the pa
and the witness the trouble Of
aiming them now, In relation to their contents
prrsid mt BRooKE-Have you any more questions to
ask to-day!
Jupor ApvosArE-It is near three o'clock / reckon
We have got enough for to-day.
Aud afer a consultation upon legal point oon-
neced with the statement Of the Judge Advocate to the
court, respecting testimony, and his Difference to the
opinion OF the court adjournment took place at three
| T NJ, according to the fundamental law.
| BALTIMORE, Nov. II, ls47.
| Cool and pleasant Weather The Caiedonias Mail
Just .qrriued The Trial Of Birch Preparations for
Great Clay Movement, &c.
The weather this morning is clear cool aud brscng,
indicating end Of the prolonged Indian summer and
the approach OF Jack Frost
The foreign letters of the steamer Caledonia did not
reach this city until last night having by some blum.