Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-06

this sense OF duty win convlcuon
that they cannot do justice to Commodore Stockton, Ito
whom, happily decision against him will be legally nugao
, and may be conadced by the decision Of naval court
martial, while, unhapply it will be fatal to Col Fremont
they ask to be furnished early possible with official copies
Of all orders to Commodore SlOa (under whom 1t. Col
Fremont first served /; also to Commodore Stockton and
Commodore Shubrck and other naval officers charging
them with military civil powers in California also with
copies of all their reports in which It, COL Fremont the
California battalion mentioned, referred to also copies
OF all communications from them, either of them which
show the nature and extent of powers which they, the
said naval commanders actually exercised in California also
copies OF the joint proclamation OF Commodore Shubck and
Gen. keany in settling the boundaries of power in California
between themselves also copy of Gen. Kearnys procama
on at the same time also copy OF the orders to General
hearny TO proceed TO California and copy OF the ORDERS If
any, to proceed from California to Mexico and copy of the
orders, if any, which related 1t COL Fremons
ments in or from California and copy of the ORDERS if any,
by which General Keany brought home to the United States
the typographical parity formerly under the command of
1t Col Fremont when Brevet Captain of Typographical
Engineers
[NorE-Ths request is distinct from the one made by It.
COL Fremont the nth September last, and answered by
the Adutant General the 9th day Of September that
guest being for the order which applicable to Lieut. COL
Fremont and his party this applicable the party alone,
and is not covered by the supposous authority then sug
gesed by the Adiuant General
The undersgned in further looking the charges and
specifications perceive that there three sets Of charges
the same specifications to give the prosecution three
chances against 1t. COL Fremont the point. The
first charge is "MUTINY"-the punishment for which may
be death, and the conviction for which is always Infamous
The second charge is for DSobedience Of the iaui COM
Haands of his superior 0cerhe punishment for which
may be trivial and the conviction title honor and pre-
erment The third charge is for g Conduct TO the prejudice
Of good order and military discipline" which might involve
no higher point than piece of form, Of etiquette
punco Between the degree Of enormty Of these three
charges the difference is immense and mmeasuabe and,
although in criminal prosecutions at common law may
be indicted for murder and manslaughter the act yet
in courts martial, which the honor well the
of should he
simple and go to convictions the merits instead of echni
caes and punctos charge should have It's separate
specifications and where so high crime muiny is
charged inferior charge should be pedcaed the
act But, in this the proceeding goes further than
common law goes to three different charges of three de-
grees of enormy for the act-the first charge the high
est the last the lowest in the military code while ndct-
ment for murder and mansaughe never goes down
vcton for petty insult The undersigned have deemed
it their duty notice, and at this fne this threeod prose
cuon the set of acts but they instructed by
Lieut. Col Fremont go into trial upon the whoe-to make
objection to any hing-but insist the last upon full
traa trial upon all the points Of accusation against him in
all the charges of General Kearny in all the subsidaypub
cations in all the published letters from Washington city
Nmng the air of i-ohciaty and in fine, upon all his
pduct in California.
he Undersigned deem it their duty object the place of
Fortress Monroe-wo hundred miles from Washington
thew an place, and in corner, and where
want fhey cannot do justice TO Lieut. Col Fremont for
MIGHT urS chances of defence, of law of fact, which
mon him auriag the trial. The whole trial is surprise
knovIedoe bof brought from California without any
United States to be arrested on the frontier OF the
fnces boa - led the shores Of the Atlantic for Of
ava;n h;ssf f 5oes of the Pacific. His prosecutor,
ovn secret nnoso hoaty and influence and knowing his
nesses some military ono along with him train of wit
50 happens thai he tnyal several in civil life while
which would have been of the y, na,'i ; aa .l'
Fremont, are left in California or - MN ~ ~ w.
The arrest surprise upon Cos 'o s aolG ocean
ment, he asked for what Instead O. on' ~ ms aze
referred the War Office for the specl ohng h' ne was
ash city he pliaI Tho
these specifications He informed, il r. ~. -
would get them g IN due time" On the 4th s o a
he received them, with the further notice IT, = $50 :.
be tired IN a fort two hundred miles distant. -. 80. "
time he has picked up such of defence ak i
found, and discovered something from day to a
might peradyenture, find something during the anu
OF the trial. if tried at place where people congregae
one can foresee what may turn up during trial, what n
evidence may be wanting, either original rebung or
Panatoy what points OF law may require calculation what
reference to documents in offices may become necessary
their Offices may be wanted All this in an ordinary case
where there has been ample notice for preparation how
much stronger then, in this case where the and trial
surprises the scene of delinquency laid such distance
with many witnesses brought from aar for the prosecution
and for the defence Under these circumstances the I'M
dersgned ask that the place of trial may be changed 10 ash
ington city, 1t the place where Commodore Porter was
tired under somewhat similar circumstances that say
for offences charged to have been committed in distant and
foreign land and the history of his shows that he found
advantages both OF law and fact in being tried in the
ropos, and at the seat OF Government Of his country To
enable to do the better justice Lieut. Col Fremont we
ask that the place of his trial be changed to this CITY,
Respectfully, your obedent servants,
THOMAS H. BENTON,
WILLIAM CAREY JONES,
OF Counsel for Lieut. Col Fremont.
Wan DEPAp