Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-13
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SPECIFICATION l0In this that he, Lieutenant Colonel John
G. 'FRONT.' Of the Regiment of Mounted Rlfemen, United
my after had been duly informed by his superior o
GER Bader General Kearny, that he General keany, had
been esed by the President of the United States with the
conma Of the troops in California, by exhibiting 70 HIM,
Leueint Colonel Fremont, the 10th day OF January,
ls47 Cudad de los Angeles the aforesaid orders from the
War Dartment dated June IS, 1916 did, notwithstanding,
dsrega and aside the lawful authority OF SAID superior
officer nd did himself usup and exercise the functions OF said
superocer in the following official acts and matters, to wit
FRS In ordering General Court Martial at Ciudad de los
Angelo the Gath of January, ls47 by his own authority,
and in lie order procaimng himself to be and assuming to
the Military Commander in Chief OF California
Seed In publishing a general order at Ciudad de los
Angelo the 25ih January, ls47 in which he Lieut.,
COL Fmont is styled the Military Commanderln-Ch
| of Calirnia."
Thir In approving Ciudad de los Angeles, on the 9th
of Janly, ls47 the proceedings of general court MARTIAL
called aoresaid by his order Of January "a s47 by which
court initial Private George Smith, of the California voun-
eers sentenced TO twenty-five months at hard labor and
Leutent Roch sentenced to be cashered and IN declaring
hmseo be- and in assuming act in his general order afoe
said apoving said proceedings the Governor OF California
Foun. In accepting by general order published at An
gees the 18th Of February, s47 the designations OF the
followE commissioned officers of the California battalion OF
VOLUNTEERS wit Captain III. l.. Ford, Captain Samuel
Gibson captain VIM Findlay, Lieutenants w. Badrdge,
RhensS, w. Blackburn j. Scott ]. X. Barton, and j..
NJ Huspeh, in contempt and violation of the aforesaid
der dad 9th Of January lS47, which he had received
10th ds Of January, ls47.
Specification I'm this that he Lieut.. COL John C. Free
mont Il the regiment of Mounted Riemen, United States
army lid fail to obey the order of Brig Gen. kearny to re-
pair Il Monterey, communicated TO him verbally by Bng.
Gen. Iearney on the Goth day Of March, s47 and repeated
him in writing the 2sh Of March, s47, in the words
following, to wit
"HEADauA RrERs l0EH MuIrAnv DEDAnrMEsT,
Monterey, California, March 20, ls47.
ISM: This will be handed you by Col. Mason, dra-
goons, who goes southern district clothed by with
full authority give such orders and instructions in that
ton OF country he may deem proper and necessary Any
instructions he give to you will be considered coming
from myself
deem il proper 10 suggest you that should there be at
the Pueblo any unsettled accounts demands against the Co
vement incurred by your orders approval which you
may not have already authenticated and completed for the
ton of the dsbursng officers you do be
necessary for you proceed from here to Washington city
and should there Of the party which accompanied you
from Missouri still with YOU aud under pay from the Topo
graphical Department viii cause them to come TO this
place. that they be returned home and discharged and
be of further expense TO the United States unless they
fer being discharged At once in this country.
In twelve days alter have embarked the volunteers
San Pedro desire . you in this place.
" Very respectfully, your obedient servant,
IS w. KEARNY
Brig. GEN and Governor Of California
6 Lieut. Col. j. G. Fremont,
Regiment Of Mounted Rinemen,
Commanding Battalion California Volunteers
But did Iemaiat Cudnd de los Angeles until after the
rival there Of Brig Gen. Kearny the 9th of May ls47,
and till the order then and there verbally repeated him.
CHARGE H.-DISOBEDIENCE OF THE LAWFUL
COMMANDS OF HIS SUPERIOR OFFICER.
Specification In this that he, Lieut.. Col John C.
Fremont of the regiment Of Mounted Remen, United States
army, being in command Of battalion of volunteers organ
zed IN California or the United States SERVICE having recev
ed the lawful command Of his superior officer Brig Gen. s.
w. Kearny, in the following words, to wit
t HEADQuARTERs ARMY or THE WEST,
Ciudad De Ls angeles, January &c, ls47.
'By direction OF Brig. Gen. Keay, send you copy Of
To- I'M
49, 1885, in which the following These troops, and such
may be organized in California; will be under your
mand.' The General directs that change will be made in
the organization OF your battalion Of volunteers, officers
appoined in it, without his sanction approval being first
obtained Very respectfully, WIN. III. EMORY,
Lieut. aud Acting Assistant Adt. General.
To Lieut. Col. J Z. Fremont,
Commanding Battalion of.Caforna Volunteers"
And having received with this order copy of instructions
from the War Department Gen Kearny, the following
words to wit
swan DEPARTMENT, WAsarSeToy, JusE ls, 1896
"SIn: have nothing Of importance to add 10
the dispatches which have been already forwarded you.
Since my last il has been determined send small force
round Cape Horn to California.
1hc arms cannon, and provisions be to the Pacific
will be accompanied BY company OF artillery OF the
lar army Arrangements foot send regiment
of volunteers by
These troops and such be Organized in California
will be under your command.
More than solictude be ic here in regard 10
the expedition committed TO you, and il desired that YOU
should avail yourself Of all occasions inform Govern
ment OF progress and prospects The President desires
your opiron, as early as you situation H.
the praccabty Of your reaching California in the course Of
this IN the early part OF winter need not
repeat the expression OF his wishes that you should milf
possession Of that country be safely done
/" j am, with great respect your obeden servant,
Wv. L. MARCY, Secretary Of War.
"To Col. s. w. KEARSr."
Did reply General Keany, and his order aforesaid in
written answer, in the following words, to wit
"CIUpAD LOS ANGELES, JASUARr IL, 1877.
SIN hive the honor be ia reecp, favor OF last
night - which am directed to suspend the execution Of
ders which, IN my capacity OF Military Commandant OF this
Territory, had received from Commodore Stockton Gov
ernor and Comma nder-in- Chief in California
81 avail self early hour this morning make such
reply the brief time allowed for reflection will enable me-
II found Commodore Stockton possession the country
exercising the functions Of Military Commandant and Civil
Governor early July OF last year and shortly tereal-
received from him the commission Of Military Comman-
dsn the duties Of which Immediately entered upon and
have continued TO exercise to the present moment.
found Also onmy arrival at this place. three or four
days since Commodore Stockton still exercising functions
OF Civil aud Military Governor, with the apparent
ference 70 his rank the part Of all officers ncudg
sell he maintained and required when he assumed July
last
81 learned ALSO conversation with YOU that on the march
from San Diego recently this place. you upon and
discharged duc implying acknowledgment your part
Of supremacy % Commodore Stockton.
tee therefore, with great Difference your professional
and personal character constrained TO that until aud
Commodore Stockton adjust between question
OF rank, where respectfully think the difficulty belongs
shall have % report and receive ORDERS heretofore from
the Commgdorr
ent servant, j. G. FREMONT
Lieut.. Col. United States Army, aud
Military Connandant Of the Territory o California
F" 10 Brig ''en ). W. KEARSr, U. S. Army"
And did thereby refuse obey the aforesaid lawful command
OF his superior officer, Bgadier General Kesrny and did