Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-06
WAsHIxGros CRY, OcToBlR IS, ls47

i
SIR As counsel for Lieut. Col Fremont il the trial
impending against him the instance of Brig en. Keany
we have had, among other things under consideration you
letters of September ~ and October 3D. in anwer to Lieut.
COL Fremonts applications his letter to you the 18th u
mo In considering the reasons tor refusing TO institute
charges OH tho newspaper publications referred to wit tina
they were anonymous and that not the practice Of the
service to aagn officer upon charges basel upon
nous newspaper publications, without obecng the pro-
prety of this usage, general rule haveto say that
this the publications question could not be considered
anonymous, the of Two officers of the army having
been filed in the War Office in the month Of July last, by
Senator Benton, the supposed writer's whom (Cap
Emory, of the Typographical Engneers in the
city, the other Capt Smith, of the First Draoons) alb
in California. The of Capt Smith has since been
Withdrawn by Senator Benton, uppoion with
respect TO his authorship but that of Major s. George Cooke
the Second Dragons substituted the believed author
who is in the United States, and is witness summoned
the part OF the prosecution The of these officers
being given to the Department the supposed authors part
Of the publications. they cannot be considered ANONYMOUS
and coming within the rule of the War Department
Others of the publications from letter writers assuming
air OF emoicay, and knowledge OF the contents OF
unpublished dispatches and evidently coming persons
about the Departments, and therefore claiming place
the public mind very much above the character Of anony-
publications. Besides, the rule probably adopted
for the benefit Of officers and prevent them from being
harassed with unfounded accusations. If So the benefit OF
the rule has been renowned and waived by Lieut. Col Ffe
mont in the fact OF his asking trial the said publications
The matter Of these publications. further for having
trial upon them, for they all relate TO the charges on which
Lieut. COL Fremont is to be tried and public specifc
tons under those charges greatly pudcng the public mind
against hm We therefore, insist that the publications
heretofore filed in the War Office, and the two herewith com
muncated (Appendx, and b., be delivered to the Jud,e
Advocate charges and specifications ON every heal
OF misconduct which they aege nsinuae and give the
names OF Capt Emory, Major ST. George Cooke Francis
Grund and Samuel Haight editor of the Psburg Gazette
prove them. II any objection made for the want of no
secutor this part Of the charges that we app
alaI ~
benefit the accused and prevent him from being rrespo
siy harassed that this benefit waived and renowned
the case and finally that the Department may order any
officer 10 prosecute, If they deem that formaIty material
The Undersigned also claim for Lieut.. Col Fremont trial
Tor having commenced hostes against the Mexican author
tiles in California without instructions from his Government
and before he had heard of the actual existence war; and Of
all his conduct during the war; and especially in all that re-
lates to the raising and marching Of the California battalion
Tue pardon OF Don Jesus Pco and the convention capu
lation granted TO the insurgen Caornans under Don An
dres Plco They claim trial these points, due both
Lieut. Col Fremont and TO the Government. As a military
subordinate he make report and has made none and
says that ne has not been required by any authority TO make
one At the same time hostiles actually commenced under
circumstances II unexplained to bring great Lieut.
Col Fremont and also to give color the charge the Mex
lean Government that he California under the color
Of scientific expedition, excite instruction against the
Mexican Government while the two Governments
state OF peace The witnesses already summoned will su
hcen to clear up these important points, and also depose
TO all the facts in relation TO the raising and marching the Cali
orna battalion, under the orders of Commodore Stockton the
pardon OF Don Jesus Pco, and the capuaon granted to The
forces under Don Andres Pco-events in themselves Of ec
ded effect IN the Californian of which report has been
made, for which Lieut. Col Fremont has been greatly ba
ed, and which the truth of history well the honor of bis
own Character and the character Of the Government require
be correctly known They also ask proper evidence on this
part Of the case, copy Of the letters from Mr. Larkn United
States Consul at Monterey to the Hon. Secretary Of State
during the time that the difficulties growing up between
Lieut. Col Fremont and the Military Commandment General
Ilaff al. r. "a
give authentic Information the first and early stage Of sss
difficulties. ihIl
Besides the publications communicated there are eeers
injurious TO Lieut. Col Fremont in relation chalece =
Ccl Mason to fight duel in the month Of April lad ~
Pnba de los angeles and afterwards following him 10 M,a
ey for that purpose. The good of the service the honor
ot H. Col Fremont, requires this affair to be investigated
which easily be done upon the testimony of wtness A.
ready summoned TO attend the trial. although the two IT,,
witnesses in the Capt Smith, Of the dragons and
Major Reading, Of the late California batalon) are n
California
In looking over the charges and specifications i ! H..
that the imputed acts OF mutny and dsobedence and
dolly conduct refer 10 period Of time when Commodore
Stockton and Gen. kearny conendng for the urome
command in California, aud when the decision Of that cor,
ton attempted TO be devolved upon 1t Col Fremont
commander Of the California battalion by General Kon,
giving him orders in contradiction Of those of Comnod
Stockton which decision 1t. Col Fremont declined 10 oaL
and determined to remain he and the battalion were undo,
the command of Commodore Stockton until his two spe
decided their contest Looking upon this 10 be bc ~
rect answer the undersigned feel be their duty to Pagrt
and do hereby PRoTEsT against trying that question ~
NE person OF It. Col Fremont in charge Of mutny and
doedienco Of ORDERS and conduct prejudca TO good
charges going 10 his life and chaacterfor not obeyinc mo
orders oi General Kearny. They make this PRorIsT anI
trscrng 1t Col Fremont all the benefits to he hcrcafe,
derived from il, they deem their duty to prepare for ,hca
q the charges and specifications made (Which is in r
The trial of Commodore Stockton Of the navy in the peron
Of It. Co Fremont Of the army,) and for that purpose thew
claim Tie benefit Of ell the defences nhich Commodore Stockton