Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-20

Here paper presented to the witness, being an OH
cial copy Commodore Stocktons order Gen. Kearny
suspendng him. Please to look at this paper and see the
date is on the 10th or nth of January
'Ans,per This is dated on the 9th
Judge Advocate. Is that date correct
Ansger. That is correct; and my reference, in my testi
mony as recorded that letter dated the nth of Janu
ary was of mine. 1t dated the 10th, not
on the nth.
Col Graham here insisted that If the lcr in question had
been placed record ought to be- under the rule OF
Court he recoected that part Of had at some time
been read.
The letter was thereupon read, follows;
HEADouARTERs,
g Ctudad de los angeles, January To- Is47.
Sir: In to your received this afternoon,
need say but little than that which communicated TO
you conversation at San Diego That California was
conquered and civil government into successful opera
ton copy Of the laws made Ivy for the government
the territory, and the of the officers selected TO
them faithfully executed, transmitted to the President OF
the United States before your arrival IN the territory
g will only add, that cannot do any thing, nor desist
any thing alter any thing your demand, which
will submit the President and ask for your recall In the
mean time you will consider yourself suspended from the
command of the United States forces in this place.
Faithfully, your obcdient servant,
ar. F. STOCKTON, COMMANDMENT chief.
ITO Brew. Brig. Gen. s. w KEAnNY."
The Court here cleared remained closed for
time. The doors being opened the following question
put by member:
Question When you gave your order of the 10th Janua
nv 10 Lieut. COL Fremont and received his the
l7h he under duress from Com Socktons exercising
supreme authority and having means and determination
to enforce it
think gave my order to Lieut. Col FIRE.
mont rather my order Lieut. Col Fremont was written
before my receiving the letter from CON- Stockton of the 10th
If January.
would explain to the Court that though can remember
about the time the letter written cannot state the time
If its delivery. Lieut.. Emory, believe, delivered it, and he
S here in the CITY,
The Court thereupon dourned till morrow at 10 o'clock
THURSDAY, NOVEMBER ls--FRTEENrH DAY
The Court met pursuant to adjournment all the
members were present.
Brig. Gen. Keany witness the part of the prosecu-
ion asked leave of the Court to make an explanation in
egard his testimony Of the day previous Leave being
accorded him, he proceeded say My answer to the
asst question put to yesterday viz. When you gave
your order Of the 18th January Lieut. Col Fremont and
eceived his the l7h he under duress from
Com Stockons exercising supreme authority and having
he and determination TO enforce it J" is explicit
wish to state that the word dures in that question
technical and, from my understanding of it. would
hat Commodore Stockton would have used
Here the Judge Advocate reminded the witness of an order
the Court that heasay testimony should not be re-
eived he had BETTER therefore, avoid that form of reply
The witness resumed would state them that do not
believe that Com. Stockton would have used his force of
sailors and compel Lieut. Col Fremont to obedience
his orders but believe Lieut. Col Fremonfs obedience
Com Stocktons orders in consequence of his prefer
,nce between two, Com. Stockton and myself
This is all I wish to say this subject.
would also wish TO state my understanding Of the raising
IF the California battalion under Lieut. Col. Fremont. My
'eef that he commenced raising it in the month Of June
s46 taking for its basis the typographical party which had
accompanied him from Missouri. That in the month of
August, Lieut. Col Fremont and Com Stockton being in
Los Angeles the latter gave the former officer nsruc
tons of August Oath That in consequence Of those nsruc
tons Lieut. COL Fremont the north and increased
his command. That about the 18th October Lieut. Col
Fremont with such he had raised Left the Bay Of
San Francisco in the ship Serng proceed San Pedro
That when Santa Barbara he turned round and went
back San Francisco and to the Sacramento river his own
volnn increase his command and believe without
the orders and contrary the wishes expectations Of Com
Stockton He increased his command four hundred
and with that battalion thus increased marched to Los
Angeles, where he arrived on the 18th January, ls47.
The Judge Advocate here remarked the Court that
'The statement just made by Gen Kearny, showing his
belief Of the mode and circumstances under which the California
battalion raised and brought into the the United
States evidence the facts Many Of the facts hap
pened before he reached California He speaks of what he
understood then, and believes This has testified
the subject in biz examination. Generally he was
asked, DO you know, &C. and in reply he generally said
do know and then proceeded give his belief and
understanding. One of the questions this of the
California battalion in the form, Did you hear or
&c. Another inquiries what Com Stockton
informed him as to the raising Of these troops the
mento valley At length in regard to the witness speaking
Of his understanding the Judge Advocate inerposed and
the witness replied that he had been Intercepted many
matters Of which he knew nothing but that be had given bis
and opinions order the the
cued in good faith and give all the information in his posses
SION The witness has into Court and stated for
the purpose Of explanation ais belief and opinion the whole
SUBJECT The Judge Advocate supposes the defence do
OBJECT 10 regard u bis statement now and his
haon before his belief is not evidence 10 the facts General
heanys understanding Of the facts rather than the facts
themselves appeared be what the defence wished show
Many papers, reports and statements have been placed before
tne Court They may all properly prove certain points
m e case but they should not in the form of evidence
70 prove what stated in tbem they supposed
oeed WIN that view. The Court, il is understood both
sueS' "hen II comes to decide the case will distinguish be-
tween what Is aud what is not evidence.
ne statement Of Gen. Kcarny another point, to wiz
MS beic OF the motives which led Lieut. Col Fremont to
oOe Con stockton and TO refuse TO obey him. still further
rom ,he RUE OF evidence He may state facts to show this
and The Court viii weigh the facts"
The following paper from Lieut. Col. Fremont was read to
dr. e. L,,I 81