Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-13

Scott, ]. r Barton, and j. M. Hudspeth.
Specification I'm this, that he Lieutenant Colonel John
c. Fremont Of the regiment of Mounted Rifemen, u $.
Army did fail to obey the order OF BrgaderEeneal keamy,
TO repair Monterey communicated TO him verbally by
said Bgader General Kearny the twentysxh of March,
eighteen hundred and fortyseyen and repeated to him in
writing the twenty of March, eighteen hundred and
4 fory-seven, in words following, to wit 4:
'HEanaUAnTERs, 10TH MIL'EY DEp'r,
''.tionterey, California, .Harch 28, 1917.
"SIR This will be handed you by Col Iason LIST Dra-
goons who the southern district clothedby with full
authority to give such orders and Upon all matters
both civil and military in that section OF eotry he
you will be considered as coming from MYSELF
81 proper suggest you that spud there be
the Pueblo unsettled accounts acknowledgement the CO.
yernmen incurred by your orders or approval which you
not have already authenticated and COMPLETED for the
ton Of the dbursing officers that atonce do il
be necessary you proceed from he,e Washington
city, and should there any party accompanied
you from Missouri still with you, and under Jay from the To-
biographical Department you will cause them to this
place. that they be returned home and discharged and be
of further expense the United Staes unless they prefer
being discharged at in this country.
In twelve days after you have embarked the volunteers at
San Pedro, l desire to you in this place.
VERY respectfully, your obedien servant,
Brig. General and Governor of California.
Lieut. j. c. FREMoSr, Reg't of Mounted Riemen Com
manding Battalion California Volunteers, Ciudad de los
But did remain the Ciudad de los Angeles until after the
arrival there of Brig. Gen. Keay, the 9th of May s47
and till the order then and there verbally repeated him.
CHARGE HI.--CONDUCT TO THE PREJUDICE OF
GOOD ORDER AND MILITARY DISCIPLINE.
Specification LIN this that he Lieut. Col John G. Ere
mont, of the regiment Of Mounted Rfemen, United States
Army, heing in command of battalion Of mounted remen
organized in California for the United States service and
placed by orders aforesaid from the Secretary Of War of June
ls, 1916, under command of Brig Gen. kearny, did, at
Ciudad de los Angeles CALIFORNIA; the 18th Of February
ls47, write to Commodore Shubrick, commanding the Uni
ted States naval forces in the Pacific, letter in words
herenbeoe reced in the 4h specification the st CHARGE
thereby officially informing said naval commander that he had
refused acknowledge the lawful authority Of his superior
officer Brig. Gen. Keany, and endeavorng persuade said
naval commander TO support and counenane him therein
This to the prejudice of good order and military discipline.
Specification I'm this that he Lieut.. Col John g. FIRE.
mont, of the regiment of Mounted Remen United States
Army, being in command of battalion of volunteers
nzed in California for the United States service and placed
under command of Brig Gen. Keamy by aforesaid orders
from the War Department. dated June Is, 1885, did at An
gees, the IL III of February, lS47 write w. p Hall
in words herenbefre ecited in the 9Th specification to the
s CHARGE thereby avowing his of the authority Of
his superior officer Brig. Gen. Kearny and endeavorng to
prevent said Hall from supporting the lawful authority OF Brig
Gen. Kearny This to the prejudice of good orler and mill
tary discipline
Specification 3In this, thathe Lieut. Col John C. Free
mont, of the regiment of Mounted Remen, United States
Army, did, Ciudad de los Angeles, the I'd of March,
lS47 in contempt of the lawful authority OF his superior Of
icer, Brig Gen. kearny to be and act Govern
of California, in executing deed instrument of writ
ing words herenbeore recited in the 9th specification TO
and authority Of his superior officer, Brig Gen. Keany, to
the prejudice of good order and military discipline.
Specification An this, that he, Lieut. Col John G. FIRE.
mont, of the regiment Of Mounted Rhemen United States
Army, being in command Of battalion of volunteers orga-
nized in California for the United States service which, by
aforesaid orders from the War Department, dated June 49,
1916, placed under command Of Brig Gen. Kearny
and having been officially informed by W. Banford Shu
BRICK commander of the naval forces in the Pa
cfc, in letter dated U. 5. ship independence, Monterey
February %, s47, in the following words to wit " Gen.
Kearny, am instructed, is the commanding Military officer
in California, and invested by the President with the admin
sratve functions of government the people and terri
tory" And having received the lh Of March, ls47
from Gen. Kearny, by the hands of Capt i 5. Turner
United States Army circular proclamation in words as here
nbee reced IN the 9TH specification TO the st charge did
Notwithstanding, Ciudad de los Angeles the 18th of
March, s47 issue written orders to Capt Richard Owens
of the California battalion in words herebeore rected
in the 18th specification the l charge, thereby ordering
said Owens obey the orders of any officer but himself
This the prejudice of good order and military discipline
Specification Sin this, that he Lieut.. Col John G.. FREE
mont of the regiment Of Mounted Rfemen, United States
Army, after he had been duly informed by his superior officer
Brig Gen. Kearny, that he, Gen. Kearny had been invest
ed by the President of the United States with the command
Of the troops California, by exhibiting to him, Lieut. Col
Fremont the 9th Of January lsf7 at Cudad de los An
gees the aforesaid orders from the War Department. dated
June Is, 1896 did, Notwithstanding disregard the lawful
thory Of said superior officer and did himself usup and
ercse the functions Of said superior officer in the several o
cial and Matters to wit heenbeiore reced in the
9th specification the LIST charge that say in order
ing general court martial Cudad de los Angeles the
oath of January ls47 and approving Cudad de los An
gees the 9th of January, ls47 the proceedings Of the
court and in accepting Angeles the 18th of Feba
~, s47 the designations Of officers in the California bat
talon all this being in usurpation Of the functions and
hory OF hssuperior officer, Brig Gen Kearny, and to the
prejudice Of good order and military discipline.
MONDAY, NOVEMBER S-SIxTH OAR.
The examination of Gen. KEARNr in chief resumed
He still answering the question TO what instructions he
had received from the Government while in California from
and after January g. ls47" 1T will be recolected that he
had answered this question the first day. but finding, when
his testimony read to him. that the nteuogatory
covered more ground than he had first Supposed he de-
drcd to extend his reply
With the letter addressed me by the General-in Chief
under date Of November ,, 1885, received, the
me by the hands of Col Mason, copy Of letter to CON-
Stockton from the Secretary of the Navy dated November
), 1896
This letter was read with the assent Of The accused from
printed copy laid before Congress, and is follows
United STATES NAVY DEPARTMENT.,
Confidential Washington Nore,iJer 5, 1876.
ConmopoRE Commodore Soat has arrived in this city,
and delivered your letter Of the 2sth July ulmo with the
COPY OF your address to the people Of California which
panied it, The Department is gra6ed that you joined the
squadron before the state of the Commodores health rendered
/, necessary for him TO relnqush his important command
difficulties the with