The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-01


YVES done.
History bears US out in that proposition.
We have ventuIed another upon this Mexican
question, and we relterate it, to wit. that there
VIII be peace with Mexico before the adjourn
ment oil the approaching session Of Congress;
and that: should Mexico continue without a re-
cognized government, and without accepting
from, or proposing, terms OF peace to the United
States, the defensive line policy will be- adopted.
The people expect that this Congress-, at its
first session, will close the war, and the question
of taxation will produce cohesion that will
accomplish the work.
OF course, this is only an opinion, but we de.
sire il to be recorded THE DocToA.
Court Martial OF Lieut.. Col. fremont.
WARRINGTON, Monday, Nov 29, ls47.
met at the appointed hour Of 10 A. NJ All present Re-
cord Of Saturday read and approved. Among the dis
co J, Davis Ms M
ter looking pale and feeble from the effects OF his wound
BusnA VISTA being still under the nscessty Of using
JuDer Advocate Orderly call in It. Emery. And the
Little orderly" forthwith disappeared, aud immsdi
corpus. The Court, Saturday last refused on the
application Of Lieut. Col. Fremont to summon 1t. Enc
mony material to the issues He WAS therefore, sum.
moned and sworn, and appeared the nrst witness In
the
TESTIMONY ron THE pryErcE.
The JUDGE ADVOCATE stated that the object Of the de-
fence In calling this witness and In the nrst question
proposed to show his snmity to Lieut. Col Fremont
The question then read, substantially folo~s:-
lBy Lieut. Col fremont Were you on social
Of Lieut. Col Fremont before you went to Calfornis
and returning did you not avoid seeing him ct Lou
sville, or communicating to him OF that eoun-
try at second hand by and not the
avoiding Of Col snton In your sumity
against Lieut. Colonel Fremont aud Of which Col Ben
ton II ignorant and in consequence puhles-
tions made BY you on your return from CALIFORNIA;,
against Lieut.. Col Fremont!
aked he Aopspt ka
cleared.
Lieut. EMERY said he would answer with great plea.
sure question which might be put to him by the
A member of the court said that question upon
which 1t was the province Of the court IN decide.
The court cleared and after hours delbsrstion
reopened and the decision Of the given, and
s ns thu r% mot
witness shall exhibit by his conduct and demssnor,
anything of hostility to the party calling him to testify
simulate to cross-exsmination Of the witness, shall
not be to the impeachment Of his character conduct
aud motives The examination must be confined to
the matters in ISSUE and where the witness appears to
be reluctant to answer the court will allow apply
such questions shall be necessary elicit the truth
q Did you write letter from the isthmus Of Panama
to the United states and so, Is there copy OF that
Extract Of letter received % published in tho New
York Courier and Enquirer Gath April, ls47. The
writer refers to an extract from California paper,
giving the credit Of the actions Of the 9Th and 9th Janu
airy to Commodore Stockton; and then enters into
counter statement setting forth Gen. Kearny - the
G Who commsnder-in chief Of the expedition
from San Diego to Los Angeles In January, ls47l
On tho asth January Gen Ksarny sent for and d.
rsctsd to leave my party at San Diego and act .
he contemplated the City Of the Angels He informed
at the time that Com Stockton had sssentsd,
or had given him don't recolect which word II was)
the command OF the sailors and marines. My infor-
nation, therefore is conaoed very much to the imme
date command OF the troops was ct the same time
that Com. Stockton claimed to be the governor
and commander ncbief Of the territory Of California
The first act in which this brought to my personal
knowledge, in which had to act Officially, the
l2th Of January, think received from Com Stock.
toni presume 1t was sent by officer Of his stan,
order general OF der, 10 which be signed himself GO.
vernon and Commander in. chief Of California
JUDGE ADyoc.rE.-Hsve you got that order, sir!
WrTNEs.-I have not. sir but 1t has been published
in all the newspapers is copgratuatory Of the little
affairs Of the Sth and 9th
JUDGE ADVOCATE Go on sir
WIrNsss-This order took To Gen. Kesrny dated
18th january think 1t brought to me the nsxt
troops, He answered me- Mo- On tho march Com
stockton, understood did several implying that
he acted in that capacity Governor and Commander
in chief but there, however did not under my
personal observation Gen Kearny never explained to
me the official relations existing bstwssn himself and
Com Stockton until the 18th Of January, did Con.
Stockton ever explain them to me.
President 20 you S not that e:n K:
Com stockton till the 18th January,
Lieut.. EMoRS-Yes, sir.
JuDcr ApvocArE-Ws can examine him upon that
point, MIR. President, afterwards.
q Do you remember what occurred in the march, Of
the selection Of an encampment by Gen Ksarny, and
OF change of the place Of encsmpment by order Of
Com stockton! and II so, state what Of your know
ledge took place.
recollection Of the circumstance sent forward b.
Gen Kearny to select camp; Com Stockton in the
good place to encsmp he suggested the top Of the h
on examining the ground found It was not what he
perhaps supposed IL to BE- and found also that 4 vas
tionsry power In regard to that matter and put the
camp at the foot Of the hill Com stockton rode up TO
the ground p! told him that did 1t Of my own 90
cord;n he then directed me to put II on the hill. and
did so something else passed reference to It, under
stood, lin the camp but Of that have personal
knowledge; In saying have exact recolecton,n
refer to the circumstances to the fact that there wss
difficulty about the selection Of the camp and not the
words; may not recollect words which deemed Alto
gether unimportant at that time.
q Did you as Assist. Adult. General to Gen. Kearny
deliver order Of Gen kssrny TO Lieut. Col Fremont.
forbddng the reorganization Of the California battalion
time especially the time Of the day in which you de-
delivered the order IN .
A / delivered an order to Lieut.. Col Fremont, for
bidding the reorganization Of that battalion, and
closing extract DIGESTION read again regarding the
time cannot recolect the exact hour Of the day, but
very IT, 1t was little sftsr dark; Col Frsmouts
candles lit when at his house, ION the 10TH
yes, air and think when started for my own quar-
ters was about dusk; but Of that won't be certain
know It was somewhere mmediately about dark my
own impression is 1t was about seven O'Clock; can't
r'I0es 'hs nSu' prs'! TS. W.. on
w,r,xn.-Ihs 10th, think, sir; but should like to
refer to the order
JUICE ApvocArr-Yes sir, II was the 10th Of jan
usry
q Was the order Of Den Kearpy, forbitding the re-
Organization Of the California battalion written before
or nfter the suspension Of Gen Kesrny by Commodore
Ste kton
A. Oftbat have no knowledge IL "" not I'LL the
next day that Gen Kearny showed me Com stoekton's
letter uestion read again by request Of witness IL
NAV have been that night he showed II TO am not
certain about thst but had knowledge Of II when
delivered the order TO Lieut. Col Fremont, from Gen
Kearny.
a. Ht what time Of the day the order written BY
General Kesrny forbiddpg the reorg snisation OF the
California battslion under Ii Colonel Fremont,
A. IL was written some time In the day; the precise
time cannot recollect. ] very much occupied at
that the hill My recollection Of that order IT,
that tn. general sent for to write u, and that
turned again to the hill that Ia my impression and that
II was sent to me by an orderly
q. At what time OF the day was the order finally