The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-06

Inc Letter was Also read, but the Reporter faiieu 10
About the goth of March, Lieut. Col Fremont was in
Monterey He came to Monterey from Los Angeles, and
him. Shall relate the conversation
, JuDeE ADVOCATE The point OF the inquiry Is as to
was
iteration of my orders to him Of the LIST of March to
to Monterey and with the least practicable delay
Then on the 18th OF March, addressed to him writ
ten communication, which il set forth in the speoca
lions handed to you. have copy of it
lHersapap was shown to the witness by the Judge
Q Is that the paper you furnished to me!
That is a copy of the communication | addressed
to Lieut.. Col F. smout and which presume Is in
his possession, unless he has destroysdit.
The paper was read, IS follows -
HEADQUARTERS 10TH MILITARY DEPARTMENT.
Monterey, California, March %. ls47.
Sin This will be handed to you by Col Mason, lst
With to ush onssrs
tons in that section Of country he may deem proper
and nee ssssry Any instructions he may give to you
deem 1t proper to suggest to you that should there
be at the Pueblo any unsettled accounts or demands
msy not already ~ hsVs
and completed for the action of the disbursng officers
from here to Washington city and should there
be any Of the party which accompanied you from Mis-
souri, stu with you, and under pay from the Topogra
phical Department, you will them to this
place. that THEY be returned to and discharged
and be of further expense the United States un
they prefer being dsc at in this oountrv
In twelve days after you have embarked the
at San Pedro desire to see you in this place
Very respectfully your obedient servant
S. w KEARNY
Brig Gen and Gov. of California.
Lieut. Col. J. C. Fremont,
Reg Mounted Riaemen, Comd'g. Bat. Gel. Vol
G. In using In your replies the expression f he has
not destroyed IT, you meant did you that he might
have lost or d. stroyed 1t unintentionay You did
mean to lay mphasis on the word destroyed p,
A meant that the paper now, as 1 presumed, in
his possession unless 1t had accidentally
lost did not mean to convey the Impression that
Fremont al nrl lat
tentionally had given him the paper aud supposed
he had 1t STILL unless had been lost destroyed What
The witness then proceeded waited in Monterey
for the arrival of Lieut. Col. Fremont who did not
SOmr and in May | went to Los Angeles aud there
found him on my arrival at that place the 9th of that
month. then repeated my previous order to him and
he left in few days after
Here member OF the Court inquired whether the
witness meant that Col Fremont left obedience to the
order!
A. He left in obedience to my order
The Judge Advocate then intimated his purpose to
suspend for few minutes the examination Of the wit.
ness in chief, that he might consult with Lieut. Col
Fremont in regard to certain documents
The record Of Gen Kearnys tesu iony as taken down
by the Judge Advocate, was here read to him.
propounded to him see above), the witness said that
the question fuller and embraced wider scope than
he had apprshended when giving his reply He had uu
derstood 1t as relating only to the instructions which he
had with him when he went ont to California; but ne
now perceived that 1t worded embrace the
time after his arrival lie eaid he had received mapy
other Instructions after those which had been read
while he was in California; but he had not understood
these to De included in the question put to him, it
now seemed they
The Judge Advocate said he would rectify all this
after ward.
General Brooke the Pre,ided. Of the Court remarked
to the Judge Advocate that these i'm
portant, showing In what light the Government con-
sidsred Gen Kearny while out in California.
JUDGE ADVOCATE. Understand it.
The Judge Advocate here read a statement from the
record explaining that the questions which had baeu
put to the witness intended to refer only to the
included md xch tCh waa
raid that Col Fremont had been guilty Of mutny and
Of ORDERS aud to what portion Of Gen
Col Fremont
The witness hereupon declared himself entirely salts
fed.
A paper was here shown to Witness
Is that the official order received by you establish
ing the 10th military district!
ls47, from the hauds of Col Mason, in California
The order No 40 was here read The Reporter could
obtain copy, but understood It rs creating military
No o. to consist OF 80 much Of santa Fe and
New Mexico as should be conquered by the American
arms the headquarters to he at Santa Fe and depart
ment No. 10, to consist Of much Of Oregon and the
two CALIFORNIA; should be conquered by arms the
headquarters to be on the field It dated Sd of No
paper was here shown to the witness
G Is that paper the original letter received by you
from Lieut. Col Fremont and If 80, when, where and
under what circumsta ccs was 1t presented to you
A That is the original
The paper was here read -
CIupAp DE Los AsoELos. Jan. II, Is47
Sri have the honor t, be in receipt of your favor of
last night In which am directed to suspend the
ton of orders which, in my capacity of Military Com
mandant OF this Territory, nad received from Com.
California
avail myself of an early hour this morning to make
such reply as the brsftime allowed for reflection will
I found Commodore Stockton in possession of the
country exercising the functions Of Military Comman
daut and Civil Governor; and ehOrtiy thereafter
ceived from him the commission OF Military Comman-
dant, the duties of which Immediately entered upon
and have continued to exercise to the present moment
found, also on my arrival at this place. three
four days since. Commodore Stockton still exercising
the functions Of Civil aud Military Governor with the
same apparent Difference to his rank on the part OF all
officers Qncluding yoursef) as he maintained and
quired when he assumed in July last
learnsd also In conversation with you That on the
tered upon and discharged duties implying acknow
edzment, on your part Of supremacy to Commodore
Stockton.
feel myself therefore, with great Difference to your
professional and personal character constrained to say
that until you and Commodore Stockton adjust be.
tween yourselves the question Of rank where respect
fully think the difficulty belongs shall have to report
and receive orders heretofore from the Commodore
With considerations Of high regard am your ODE
Lieut. Col u. s. Army and Military Commandant
of the Territory Of California.
To Brig Gen. 8. w. KEARNy. u y. Army.
About the l4th OF January Is4 received from Lieut.
Col Fremont communication dated the day previous
sumed to re written by mistake for 1919 and which
furnished, together with the charges to the Adjutant
General
The paper read AZ follows
ON TIE MARCH, Jan. 10, lS48.
Dear sr-I have the honor to report to You nv arr.
val ut this place with 400 mounted riasmen and ak
pieces OF artillery including among the latter wo
lately In the possession OF the Calornans Their en-
tire force under the command Of Don Andre Pco have
this day laid down their aud surrendered to nv
COMMAND
Very respectfully, your obedient servant,
J. C. FREMONT
Lieut.. Col U. 9. Army aud Military Com'd't
Of the Territory OF California
Brig Gen. s. w Kearny
On the day Of the receipt Of that report (vz of the
18th january Lieut.. Col Fremont at the head OF a
battalion of volunteers entered the city Of Los Angeles
On the 10th Of January order sent to him. rea-
ting to this battalion by my direction and signed by 1t
Emory-a copy Of which have furnished, and which
identify II shown TO me.
A paper here exhibited to the witness
This copy Of the order furnished to him by Lieut.
Emory
The paper read as follows -
BEApaUARrERs ARMY UNITED STATES,
eiudad do los Angeles Jan Is, lSt7 :
BY direction Of Brig Gen Kearny, send you copy
OF communication to him from the Secretary Of War,
dated June 49, 1896 In which is the following =" These
troops aud such may be organised In California will
be under your command The General directs that no
.--tiiI l.. a.. 49,