Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1847-11-20
! Esnplels that view eFlhs case.

Tie question as4ed aud objected so=l
namely, If uen KeaFhy while on the hillI
8 vi racks did not see three Of his tnsn takeaI
s~ptisaners without sff8fls ID saye them
II would go to show his feeble condition fbrI
Atertainly he would not have suffered that
capture 10 have been made in bic view III
he bad been able 10 prevent II, IT, In ad-
diti6n 10 this, Il should be shown by ans
wefs 10 succeeding questions that one Bf|
these bten was recovered the same day byl
esehsHge that Gen. keatny sent to San
4 Diego to Gov. Stockton for aid, and rel
gtbiysd II IN q detachment of above tvd
4 hundred mpn, and never moved ill il came !,
Athat he burnt and destroyed public stores
If This should BE- shown, The ease Of ihabili.
tty TO get 10 San Diego without the aid Of
The Govprnof he was going 10 replace will
be so far made out as 10 require bot lille
1 foth other Testimony 10 make complete.
II is believed that the accused has a right
to the defence upon the a0fdY Of the order
#Dr the ID uf June, and still more upon the
reason and object Of that ufdBfi " Should
gou conquer and tdks possession" are
words which apply to eli operation against
Il enemipR not against 0ufselVesl The
u further clause, lyon ftRi establish temporary
rtrH government" &c, clearly makes this
establishment Of government contingent
Upon che conquest and upon The want Of
COVE fnmeit which would then exist. Upon
the order, then in itself. from Ito words,
reason end OBJECT, Il IL manifest that Gen.
kearhy had no warrant FIR proceeding to
california, and claiming the government.
In fact, HE turning back part Of his troops,
and proceeding with Q pefaohal guard, was
a declaration on bis part that he considered
his ufisfs superseded by events unknown
20 The War Department at the time they
were given. and no longer obligatory Upon
hita In no 1thef way can be Justify his
march with II escort only, when he had
been fleredto take an sfmy.
The march with The escort was without
warrant. ne II seems 10 me and the saine
view ofths case which induced Gem Rear
my to turn back part Of his tfBbps on fHHet.
ing Gov. Btntktoa's express, should have
Induced him 10 turn back The whole and
hurry The express on 70 Washington, and
turn his owh steps In the diFeetisn that
Col, DUniphan took sDun after. lFhe had
d6is gu. his whole conduct wotld have rest.
cd Oh one and the same reason-tbat Of
orders superseded by events. Al present
it Erests upon different easons=tHFnihG
back HE troops Oh enc, namely, that The
country was conquered / proceeding with
nh bst6tt another, namely, III Al he wished
To he Governor Of California, in a case not
contemplated by his orders,
The vafi1us and important orders and
inst ]uetieHs from the Secretaries Of the
Navy (Messrs, HaheFeft and Masnh) to
Gem. Sluat and his surcessor In California
Com Stockholm read in evidence yestpf.
day, Ivy tho prosecution. all show that this
atftal Ia a question between Gen. Keafny
and Com. Stockton, ne Governor uf Cali.
fbfhia, aud giyes ~ me all the rights Of de-.
fence which would belong 10 Gov. Stockton
If regularly on trial. o
This view Of The case was presented by
my e]ounsel 10 the War Department on the
goth ult., aud eoptes asked Of all papers,
orders and instructions, In the Navy De.
paftmeht, to The naval commanders on iii,
Califerhia station, relating to tho conquest
and government Of that province, in add.
ton to all similar papers from tho WA.
Department to Gen, Kehrny. These CO,
pies have been furnished me, and will liz
used at the proper time Tor the defence
They seem also to have been furnished d
The prosecution, (snd in my opinion yer,
properly, and three Of these naval orders
land instructions given in evidence tvet,
properly thluk, on yesterday. This III,
troduetinn, by the prosecution, ofthese ms.
val orders and instructions, confirms the
view which my counsel had taken Of de.
lehee, and Rives mo a right, In their opin
ion, TO pursue II, and in the exercise Of thal
right, 70 ask any question which Com
Stockton could nslt, II he was on trial be.
fore a naval court. With this vieW II hat
beea already shown that Gen. Kearn,
turned back Gov. stogkton's express. IL
makea guide Of him to California and
wish TO show that so far from conduerint
Californin, and thereby acquiring n RICH
10 establish n government In It, hat all thit
was done before Gen. kearny left santt
Re, and that be could never have gotten !.
San Diego without the aid of Gov. Stock
ton, nor from San Diego to Los Angeles.
The court was now cleared, and after !
: deliberation with closed doors of somt
: time, the court was ~reopened, and the de.
%cision announced 10 DO The court decide
that the question viii not be permitted I,
be put that the statement ef II. Col. Ere
mont shall be entered on the record: an
. that Gen. kearny have leave to be hear
in relation to il. .
d