The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-18


to juniors the insruetons receive from my seniors
| unlsss required to do % In those Instructions
q. Do you know whether said instructions were com
mnnieatsd to him BY Commodore shubrck or Commo
A. do not believe that they were but ! know not.
Was Lieut. Col. Frsmont relieved Of his functions
dore Stockton before you heard Of its approval by the
rresdent and before your orders OF the st Is
A never hssrd that the appointment Of Lieut.. Col.
Fremont, as Governor of California, made BY Commo-
was not relieved from the duties of Governor till the LIST
| March, when assumed those duties myself
q. Was that the only mode in which he was relieved!
@ Did Com shubrck according to your instructions,
of Nov 1896 relnqaish to you the administration Of
| A. am not aware that Com. Shubrck assumed at
any administer the civil government of Calfor-
O. Wers there any other orders from you to Lieut..
Col Fremont viz to bring the archives from Los An
gees to Monterrey and to re-organiss the California bat
A. The order of 10th Military Department, No ., Of
March ist and letter to him OF the date,
the only orders my recollection given him With
those Communications to Lieut.. Col Fremont was q
copy of General Order, No 49, establishing the 10th
shubrick and myself Of tina LIST March. recoeot no
other orders sent to Lieut. Col Fremont.
@ Did you write an official order to Lieut.. Col Free
mont dated the LIST March, this copy Of the saIns
Paper passed to Gen.
This Is my writing, and this is my note. Tread,
HEADquARrEns, lOru MILITARY DEPARTMENT.
Monterey, Upper California, March l, 1917
SIR-By department order No. 9, Of this date which
will be- handed to you by Capt. Turner, LIST Dragons
Acting Assistant Adjutant General for my CONF and,
you will see that certain duties are there required OF
you commander of the battalion Of California voun
teere.
In addition the duties above referred to- have now
TO direct that you will bring with you and with little
delay possible all the archives public documents
papers, which may be subject your CONTROL and which
appertan to the government OF California, that may
receive them from your hands at this place the capital
OF the country.
have directions from the General hef not to de-
tain you In this country against your Wishes moment
longer than the necessities Of the service may require
and you will be at liberty to leave here after you
have complied with these Instructions and those in the
order referred to-
Very respectfully, your obedient servant,
g. w. kEARNY,
Brig General and Governor OF California.
Lieut.. Col FREMoSr, Regiment Mounted Rfsmen
Commanding Battalion Lower Californis Volunteers
Ciadad de Los Angeles.
O. In your letter of March ls you say that you had
directions from the Genersn- chief not to detsin Lieut.
his wishes than the necessity Of the service might
quiro Now, what necessity was there for OBTAINING
MIN!
The Court was cleared and when again opened, 1t
was declared that the question should not be putt
that he had force OF sixty men and hundred and
twenty and that hs had pnoe and dried beef for
their support and that with these men aud horses he
that he believed he Tayor was on his way to Mexico
aud tell what he did in relation to his going to
A In a conversation with Lieut. Col Fremont at Los
Angeles about the 10th of May 1877 he did apply for
permission to 90 and join Gen Tayors army. He told
ms that he had sufficient number OF men, which, with
knowledge of the country would enable him to get
there refused to let him 60 What his belief was In
relation to the movement OF his regiment, 90 not
know.
@ Did he ask permission to come home after that re-
fusal by q direct route from Los Angeles
A. He did, and here is his request passing paper to
the Judge Advocate 1T was however, not the paper,
A. He did make that request which refused
Q. Did you order him to turn over the astronomical
instrument belonging to the typographical bureau and
In his possession and which he had used in his
A did forget the exact phraseology of the order
1t made ont by my A. A. A. General, Capt. Turner,
and have not a copy Of it.
q You gave the testimony of the latter part Of your
conversation with 1t. Col Fremont at Monterey. win
you give the purport of that conversation!
The puport of the conversation of the latter part
of it, this: Lieut. Col Fremont came to my quar-
at Monterey the 26th of March; Col Mason of
the st Dragons present; It. Col Fremont said to
that he wished to have some conversation with
answered him. was ready to hold III ne made some re-
marks about the presence of Col Mason and told him
that Col Mason had been sent out by the War Depart
aent to relieve me In my command Ia CALIFORNIA; az
no conversation which would hold with him pub
lie affairs but that It was proper Colonel Mason
had Col Mason there TO take advantage of some I'm
guarded expressions Of his His reply to often
sive and told him that could hardly believe that he
coud come to my quarters and Intentionally insult me
He made no reply nor did he state what the object OF
nis remark to NE was l. after that, told Lieut. Col
orders to him, aud wantrd to know most distinct
~ of him. before had any further conversation with
nn whether he intended to obey those orders or not
He hesitaied then told him to reflect well upon the
answer which he to mako to me, for his answer
would be very important II he wanted an hour to
consider to take IT. II he wanted day for considera
ton he could take IT, Upon that he lett my ROOM and
believe in about hour be returned and said to me
be would obey my orders That, sir is the beginning
of the conversation.
@ Did not Lieut.. Col Fremont wait you the
ing before that interview, visit OF etiquette and
duty, Immediately on his arrival at Monterey
A. have recollection Of 1t but am far from
saying that he did not do So
q Did not Lieut. Col. Fremont, next morning,
through Mr. Larkin the American Consul ask In
tervew with you business Did not that interview
take place In consequence
A. 1t did | will add that think Lieut. Col
Fremont, with Mr. Larkin, came In to on the
evening previous.
G. Wa, not that business to II you would not pro-
vide for government occurring while he
Governor OF California under Com Stocktons appoint
ment
A. What Col Fremont's object or business wa l
knew it has frequently been the ofconver
sation between myself and Others as to what brought
Lieut. Col. Fremont to Monterey at that time.
Here the examination rested for the day-the
testimony of the day was read to the witnes and the
Court adjourned. w.
BALTIMORE, Nov. IL, ls47.