The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-11
INTELLIGENCE BY THE MAILS.
Court Martial OF Lieut.. Col. Fremont.
tillh DAr
WAsHfNCrox Monday. \

WAsHiNcros. Monday, Nov. 9, l5l7.
The court met in Of adjournment Saturs
day last The record Il Friday aud Saturday rcd
over by the Judge Advocate and approved
Gen Kesrpy resumed his testimony direct in refer
to his Instructions and official orders relating 70
the lsts military operations in Alta California
Gen KEARNr-With the letter TO from the general
n-chief Of Nov 80, $40, received at the time
from the bands Of Col Mason, copy Of letter Com
stockton from the Secretary of the Navy OF November
oth embracing an extract from the regulations OF the
army, OF the edition OF 1870:
:. letter here dated U 8 Navy Department,
nov ls46, addressed to Com Stockton IL approves
what mad been done In California for holding the
assigning the command Of the land forces when
Se nearny leaves to Col Mason, aud ths Internal ~
lars OF Caforns TO the land ofeer while all things re-
sas 70 me porte and port regulations be left 20
ba% "a ON &C The letter is long and was pub
Gen KsARsr-I received at the same time an extract
from the army regulations OF the edition Of Is2s pre-
scrbing the relative rank OF army ana nav o0anrrs
Those papers were received from Col Mason about the
1.-THE army regulations of 1925 showing the rslstiv.
rank Of army and navy officers wore bel read from
which 1t would appear that Ksarny the Commo-
Gen Krx.sY-Upou the arrival in California Of Col,
Stevenson With the New York REGIMENT early {. March
the War Department Of Sept IL 1876.
Letter Of @e Secretary Of ~ wsrI |. Gem K.srn,.
Washington, September l2th, 1890.
sIR A volunteer regiment raised In the State OF New
York engaged to during the with Mexico and
TO be discharged wherever they be- ct it, tsrmins
ton in territory Of the United States has bsen
tered into service and about to embark 1t the port Of
=
your command; but 1t may reach the place Of IL dss
tinaton before you are In condition to subject to
has been furnished with instructions his cosduet
In the meantime herewith send you Q COPY Thereof,
ment to the commander Of the naval squadron IN the
Pacific; copy letter to Gen Taylor with circular
from the Treasury Department.; copy Of lsttsr FRO.
Gen Scott to Capt Tompkins; and copy Of general
regulations relative to thu respective rank Of naval and
army officers These 80 far applicable win Be looked
in the light Of instructions to yourself The de-
partment Is exceedingly DESTROYS to be furnished BY you
with full Of progress and proceedings,
together with your opinion and views to your
ments into California having reference a. to tina routs
&c, &o beyond the regiment under the command Of
tho time by the President from the Governor Of
Missouri, requston for regiment Of infantry
sequenty received here the belief that IL Would
not be needed and the difficulty passing It over the
route at late period in the With tn. regulate
quantity OF supplies SO desmed great that the
orders muster 1t sto service have been
ed 1t will not be sent Your views as to the sueisney
Of your force, and the practcability Of sustaining
larger one, 80 are desired.
am, with great rsspect, your obsdisnt servant,
w. MARCY, Secretary War.
Gen. s w. KEAHSr Fort Leavenworth, Missouri.
With the letter received y copy Of the paper alluded
to In It, and 1t will thus be seen that received duplicate
copies Of the army regulations Of 1925 upon the suh~ot
Of relative rapk OF army and navy officers. Upon tho
arrival Of fnymatr Rich in California about the 2Sd
Of April received from the War Department letter
dated January IL, lsi7 with enclosure being
tract from the despatch to Com Stockton from the Navy
Department, dated January llth Of which these arc
copies.
Letters rsad-tbat to Gen. Ksarny disapproving the
ext mt to which he had carried out civil laws in New
Mexico referring the proceedings Consrsss
the subject. Gen Ksarny reoomme nded not to carry
his code OF civil laws into prnctoe because
with the laws OF nations 60 The letter TO Com block
ton approves what had BET done in Upper CafoI mia
direct, the internal of the country 30 be A.
sly ned to the land ocsr goes Into argument the
laws Of nations in reference to conquered territories
and declares that the President Of the Untsd States sees
no in which the possession Of the Csrnias
Gen KIAsrr-On the 9th OF May, le47, I received
Ger at Santa Fe from the War Department. dated Dso
TO- isae The order was an .ppsov, OF my Honap'a n
now fully answered the question to me-
The JupoE ApvocArE inquired II there were any fur
Their orders &C. mstrial TO the issues in this case
Gen KEARNr-Not to my knowledge. sir.
Q Did you receive any official, or other suthsp1e
communication Of orders from the government 70 the
naval In the Pacific before you reesived the
copies Of instructions las stated In testimony Of Nov
5, 1916, to Com Stockton!
A. had not received any but saw communication
from the Navy Department to Com sloat Of July l2h
1916 which was brought by Com Shubriok TO Cahfo9-
MIA where he arrived about the latter end Of January
and which he told ne had received from the Captain
Of tho Lexington 1t Valparaiso which comrusioa Ion
had been sent from the United States by thst vessel
q What time that, sir
A. He arrived In the latter end of january He stst-
ed It to me about the 10Th February ln tbs conwuni
to me-. Paper handed TO Judge AdvocstsI think
that is q copy Of It,
Com sloat Of July - 1896 read Refers tn instruo-
ons take possession Of the CALIFORNIA; having gone
or0nouoo
stores 60 The Secretary thinks that when treaty y
made It will be the principle Of the Vh poss;dsius
and that each party IN the contract VIII hold What o.
meDds to Com Soat to get all he with all despatch,
including FL Ciudad de los Angeles He must sseure
the people OF the protection Of the United Ststes-the
land and naval forces will cooperate harmonously and
when Upper California Is all right, the Commodore win
go down to Lower Caiiiornis, far a. Guysmas but
this must interfere with the operations In Upper
California In the absence Of any higher LAID ofosr
than Colonel the Commodore will proceed to take Dos
| gessiou of the country, Sc
| q DO you recolect tho march Of the dragons and
marines from Diego to the Pueblo. and the nature
Of the commsnd which you held those troops, and
the Of the command which Commodore Stockton
held, 4 any, over those troOps and over yourssln
himself Governor Of California, the sailors and marines
placed under my command, the 29th Dec. ls4o,
the expeditop did not exercise any authority what
ever Commodore Stockton did he exercise any
army officer being that of Colonel acknowledged his
right any time to resume the command Of his own
sailors and marines but which no did not resume TIL
about the 18th January ls47
IA recess Of thirty minutes was here taken to allow
the Judge Advocate to arrange the documentary sv
dence On the Court being opened again, various on
cisl orders Of Lieut. Col Fremont In California, were
read calling courts martial or announcing their judg
letters approving designations OF ocsrs 60, al
Intended strengthen the charges OF the indie ment
Cross. 1arainefon r,sum'd Question BY Lieut. Col,
Fremont-Dd you not believe from the report Of Lieut.
lery ncudiyg two pieces taken from the enemy that
ons pieces must have belonged to and that
through decacy towards you he did not describe t
A. did not
O. Did you ever inquire at any time, or know what
cannon they were
A did not.
a. Were not all the oannops taken In California placed
before Colonel Fremonts quarters for public EXAMINE
ton
A. never was at Lieut. Col. Fremonts quarters, and
knew not where his quarters were and therefore did
not know what was In front Of them.
O. In the specifications nrst charge against It. Col
Fremont It 10 declared that Lieut. Col Fremont refused
to permit Lieut. Col Cooke to take charge Of two
non then at San Gabriel Will you state what two oan-
non those are, and how they got TO San Gabriel
A. The charges against Lieut. Col Fremont are not
nv charges preferred single charge against hin
These charges upon which he Is now arraisned have
been apged from The two howitzers however,
rsfrrcd To- are the howtsers brouht by the LIST Ora
uoons from Fort Lcavenworth They wers carried from
Fort Issvenyorth TO California by the LIST Dragons
One Of them as previously stated lost ut
the battle OF San Pssquai-the other took with
from San Diego TO Los Angeles II being then Ia charge
Of the sailors left II az Los Angeles, and know not