The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-24

Commodore Stockton had right in eonssqusnee Of his
relativs rank to command hla or any troops In the
Al Understood Gen. Kssrny to claim his right to
command In the country, founded on bis instructions
he acknowledged precedence to Commodore stockton.
[some discussion arose amongst the members OF the
x - 20 Sy ss witness saying that
Kearny conf ssed Commodore Stockton was superior In
O. Have you been paid as an ocsr in the Californian
Battalion and II so, where and when
A. received in this city last July August, believe,
from the Paymsster, Major Van Ness, less than
$500 part payment Of officer in the Cali
Battalion claimed pay up to my arrival In the
War received from q paymsster, appointed by Com.
stockton in California certificate Of the amount Of
JupoE ADvocArE.-Any more questions gentlemen
(So answer) Have you anything, Lieut.. Col Ere
LIEUT.. Col FREMoSr-Yes, sir
Cor CRANE. Orderly place billet Of wood In front
Of tn: Are o Col Taylor who wa, -. sitting with hi,
There, that viii keep you from being burnt
Coz. TAYLoR-You have been burnt so often you
| ought not to mind 1t by this time
Fremont then put the following questions to the
witness -
Angeles and when did 1t Col Fremont commence the
exercise Of his duties Governor and Commanderin
Chief in California under the appointment Of Governor
A He left within day or two, and Immediately
thereupon COL Fremont commenced the exercise OF his
duties Governor
Q-was he recognized, obeysd and respected as the
Governor and Commsuaer-in Chief! and did he reside
at the old established seat OF Government?
A He as fully recognized - Governor and Com
msnder-inChsf as any Governor was, and he re-
sided in Los Angeles the ancient capital Of California
and In u house vacated for his use by Commodore
| stockton
Q-Do you know whether he was ever relieved IN any
| lawful manner Of that office?
A II am positive he not up to the moment Of my
leaving the country about the 2and or 2srd Of March
fswA hax horor
my Office of Secretary Of State by rule established by
Col. Fremont, all such communications passed.
Q.-Do you know whether the definite instructions OF
the 6th OF November directing the Naval Commander
to relnquish to Col Mason Gen. Kesrny, the drsc-
ministrative functions Of Government, and to turn
to him all papers necessary to the performance Of
either by General Government Of the United States
by Commodores shubrick or Bddle, by Gen Kearny or
had been Communicated to him, would you not have
been likely in your capacity as Secretary OF State to
Al think they never were, up to the time of my
leaving the 22d 23d of March, II they had been
muncsted to Gov. Fremont think, from my position
| as Secretary OF State, would unquestonabiy have
known It.
Q-Do you know anything of the value uses, as
toned in The 9th specification of the first charge and the
specification Of the third CHARGE purchased from
| Temple!
The JupaE ADVOCATE objected to this question: as NO
question had been raised to the value OF the island 1t
merely charged as displaying contempt for General
The question being pressed the court closed in
order to decide it should be put or not When the
court opened the Judge Advocate declared their de-
cson to be- that the question had no relation to the
| charges"
Q-Was the state Of tho country quiet subsequent
the oapitulstion Of Cowenga to the middle OF March
that American officer might ride out without danger?
Al considered 1t entirely settled that rode with
Spanish gentleman who was one Of the chief Officers
IN the from Los Angeles to San Diego and
back again stopping at the Spanish houses Coy Ere
mont himself with Of the Picos and servant rode
from Los Angeles to Monterey distance of 400
miles and back again visited Spanisrds In the city
and else where, as | would Americans here.
Odd obedience to the commands of Commodore
Stockton 10 preference to those Of Gen Kearny when
shsy were both ans onet an any
Al think not Gen. Kearny was known to have
funds and expected shortly an arrival Of troops
was, besides, known to be warm friend Of Col. FREE
mont's family and satisfied that Col Fremont elect
ed to obey Commodore Stockton alone from conviction
1T Cor. MoRoAN-Mr. President, may have leave to
60 to the fire /?
Q-By the CoURr-Was Lieut. Col. Fremont recog-
nzsd as Governor by General Kearny, Col Mason, or
any other officer Of the army
Al did not know that he ever | have heard
that he | never those gentlemen alluded to.
Q-By COURT You did not refer to the officers with
Gen Kesrny when you said he was as fully recognised
Al did not: They were all, with the exception Of
Cooke 400 or 500 miles distant from Cooke was
about 100 miles distant. meant the native popula-
| ton.
By JUDGE ADVOCATE You say he had not received
any lawful notice that he relieved of the office OF
governor Had he not received the joint proclaim alton,
and orders of Kearny and Stockton?
Yes, sir; they were received few days before
left the country On receipt of those he went to Mon
to Them and before his return left the ooun-
s Ss Inc JOINT p'0''A"A''0n saw tho '''''' never
By THE Court How long had you resided in Cafor.
Lieut. Col. Fremont?
Al reached Californian August ls46. had
derstood Commodore Stockton governor and COM
msnder in chief never knew any other governor than
Governor Fremont.
IA question was here put IN BY Lieut. Col Hunt and
| had elapsed the door was re-opened
Q-BY THE CouR1-You have spoken both of General
Kearny and Commodore stockton relying on their in
sructons for the authority they claimed and you say
you did not Commodore Stookton's instructions
How do you know Commodore Stockton relied on his
Al told Commodore Stockton that had seen Gen
Ksanys Instructions that they seemed to be very
sed instructions that would countervan those Of Gen
Ksarny He replied to that he had full and plensry
Instructions carried out him sealed to be opened
until he reached given point; but he would not e1hi
bit them like slaves did their passes That he had no
fear OF bis power being impaired crippled by the in
sructions Of Gen Kssrny; and from his confident
fully assured that he had counterpart para
nusd in that opinion up to my arrival in Washington
city In July August Of the present year think 1t
about the 18th Of January saw Com. Stock
tom it may have been on the l3th-I think 1ot how
Bv THE Counr-was Lieut.. Col Fremont informed by
Com Stockton Of his having, or claiming to act under
Il think he was by ms. Whether by Stockton or
not cannot tell repeated to Col Fremont all these
conversations.
q by 1t. Col FREMoHr-Do you know what Losses,
any tho Caornians sustained on the 9Th and 9th Of
january
Objected to by the Court and withdrawn.
@ by FRKMoNT.-What number Of tho CafornianB
there supposed to bo in arms at about the CAPT
ulaton Of Cowenga?
A. They were varieusly estimated. No ono, pre-
accurately knew They estimated from 200 to
400 but how an approximation to troops can
not say.
Col FREMONT wished Col. Russell Detained As some
question might arise, which the Court agreeing TO, MS
examination for the present was concluded
Col CHURCHILL moved that the Court ad)ourn 70
warmer room or till next summer. Ut appeared per