Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-11-12
[Repcrled Tor the Baltimore Sun
THE FREMON

The Court mel this morning, ard, after the re-
cord had been read by The Judge Advocate LII
Col. Fremont presented The following statement
OF his reasons for putting the question yesterday
afternoon, which had been objected TO by The
Court:
Mr.. President The objec Of the question OBJ
iected 10, and OF those which 60 10 the same point,
is 10 show that Gen. Kearny could mol have goI
10, San Diego without aid from Commodore
by 10 make il clear Thai he had moi come ic,o Ca
lifornia according 10 the order from the War De-
.o,fe orders Conquer and take possession Of
decided by hf Pe ssndIs 70 R Rs ohs isS IN
lake The earliest possession Of Upper California.
An expedition with that view is hereby ordered,
and you are designated 10 command il. To ena-
BILE you TO be in sufficient force 10 conduct il
cessfully, this additional force oil thousand men
has been provided 10 follow you in the direction
OF Santa Fee, 10 lie under your orders, or the Off
Ger you may have in command in Santa Fe.
"Should you conquer and take possession Of
New Mexico and Upper California, or coh.ide-
rable places in either, you will establish Tempo
rary civil government therein," &c.
From these orders | is clear that Gen. Keamy
was intended TO 30 with body OF troops ade-
quale to The conquest Of an unconqucred and far
distant province, and not 10 60 with body guard
OF one hundred men 10 take possession OF con-
Quered country. The right 10 establish civil
government in California was upon The fact Of
conquest. Should The conques be made ard pos
session taken, then he was 10 establish civil 60
vernmenl. Now, If there was no conquest to be
made-if that work had already been done, and
a civil government already established-the case
contemplated by The order could moi exist and
thus, The orders having nothing to operate upon,
were null. The words conquer and take pos
session" can only apply 10 an enemy's country
The authority TO establish civil government
could only apply where there was none. And il,
more than this, il so happened that Gen. kearDy
took The express oi Governor Stockton TO make
guide OF him 10 The conquered country, aud
could not have cot there without The aid Of Gov.
perseded by events, and no longer in force.
The fist part ofthe case has already been made
out When Gen Kearney, al the outset Of his
march, met The express OF Gov. Stockton, and
learned that The country was conquered, a civil
government Established governor al The head
Of II, and dispatches TO that effect forwarded TO
The metropolitan government, he felt that his mis-
SIGN Of conquesl was al an end-hal his orders
were superseded by events, and Immediately act
ed upon that conviction. He turned lack part
Of his orce-counlernanded another part; re-
duced his troops 10 an escort OF 100 dragons
took Governor Siockton's express for guide, and
went on, moi 10 conquer but 10 take possession OF
d conqnes, already made, and 10 dispossess mol
Mexican, but an American Governor. This has
been already >htwn, and thereby point gained
10 be used IN The defence.
The second part Of The same poin. of defence
remains 10 be SHOWN, namely, that Gen. keaTny
could moi have rot 10 The conquered country, nor
~ a.. -
he was gong 10 replace, without the aid OF that
Governor-lhal, far from conquerire The country,
he was mol even able 10 get 10 it, The questions
already put were intended TO 90 10 The establish
menl Of that position; and few others, intended
10 follow il, were meant for The same purpose
Direct testimony, 10 be offered hereafter, was in
tended 10 complete tha, view Of the case.
The question asked and objected 10, namely, il
Gen. Kearny, while on The hill Of rocks, did not
see three OF his men taken prisoners without ei-
iorIs 10 save Them, would 60 10 show his feeble
condition; for certainly he would no, have suffered
that capture 10 have been made IN his view if he
had been able TO prevent il. II, in addition to
This, II should be shown By answers 10 succeeding
questions, that one oil these men was recovered
The same day by exchange; that Gen. Kearny
sent 10 San Diego 10 Governor STOCKTON for aid,
and received il in detachment OF above 200 men,
and never moved ill il came; that he burnt and
destroyed public sores-if this should be shown,
The case Of inability 10 get 10 San Diego, without
The aid OF the governor he was going 10 replace,
will be 20 far made out as 10 require but lille
from other testimony 10 make complete.
Il is believed that the accused has right TO
The defence upon the words of The order Of The 81
Of June, and sill more upon The reason and oh.
ect Of tha, order: "s6o,lld you conquer and take
posse ssi0n," are words which apply 10 an opera.
ion against enemies, not against ourselves!-
The further clause, "you psA establish temporary
.ira gOrernment," &c, clearly makes this estab-
ishmen, OF government contingent upon The con.
guest and upon The want OF government which
would then exist. Upon the order, then, in itself
from its words, reason and object, il is manifest
hal Gen. keaTny had no warrant Tor proceeding |
% California, aud claiming The government In
acl, his turning back part of his troops, and pro-
,eeding with personal guard, was declaration
IN his part thai he considered his orders superse-
led BY cveGls unknown 10 The War Department
It the lime they were given, and no longer obi
yatcry upon him. In no other way can he jus,i-
y his march with an escort only, when he had |
'een ordered 10 take an army.
The march with The escort was wilhou, war
ant as il seems 10 me; and The same view of
he case which induced Gen. Kearnv 10 turn back
TART OF his troops on meeting Gov. Sockion's ex-
'ress, should have induced him 10 lurn back The
whole and hurry The express on 10 Washington,
ind turn his own steps in the direction that Col.
0oniphan took soon after. II be had done so, his
whole conduct would have rested on one and The
anne yeason-lhaI Of orders superseded by events. |