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

question On lssue out hdu no sN
be answered.
The witness professed his willingness to answer It,
AnS,,r Any one can judge of and answer that question
,,au - myself | required Lieut.. Col. Fremont 10 turn
s HE instruments 10 the senior Typographical officer in Ca
Esn think they were received by Lieut. Haleck, of the
E;naars from Lieut. Warner of the Typographical EDgl-
neers and also required Lieut. Col. Fremont, with his
p.ry to remain with and under my orders the march
from California TO Missouri
Question How and in what the arrest Of Lieut.
Col Fremont effected in Fort Leavenworh BY sealed let
ter or by reading him order in the presence Of witness
e in what part of the fort and how did he get into the
place where the arrest was made
Ans,cer Lieut. COL Fremont the office OF Lieut.
Col Wharton, commanding at Fort Leayenworth asked
him to dismount and come into the Office He did Upon
his taking seat, my request Lieut. COL Wharton being
present. gave him copy of the first paragraph Of an order
Of mine dated August %, Is47 which in my letter book
The order was read entire. The first paragraph is as
follows
1--WE failed get copy Of this order, but the first para,
graph Of il (which alone is material the question: directed
Lieut. Col Fremont to turn the horses under his con-
troll and, after making certain other dispositions OF his com
mand consider himself under arrest and report accord
ingly to the Adjutant General at Washington
Question Had an orderly been sent from Foit Leaven
worth q Lieut. Col Fremonts camp miles distant, TO
arrest Lieut.. Co. Fremont
THE Judge Advocate said the question did not appear
him to be relevant.
The defence replied they considered very relevant to the
case.
As,rey An orderly was sent by me at Fort Ieavenwoh
70 Lieut. Col Fremonts camp. Lieut. Col. Fremont shortly
after came to my Office i know whether the orderly saw
him
Here accused announced that the on
their part closed with the understanding previously had
in regard to further papers from the War ONCE deeinea
material
Whereupon the Court adjourned to tomorrow at ~ CLOCK
WEDNESDAY NOVEMBER I7-FoURTEESTH DAT
The Court met al the appointed hour; all the
members present
General Kearny appeared before the Court and asked leave
make explanation in regard to his testimony given on
the day previous which being granted, he said
Upon reflection and upon examination find that my doubts
of yesterday relating 10 the two papers of Com. Stockton
referred by accused having been filed by me in
the War Department. dispelled Those papers
by the War Department the 2st September.
therefore take great pleasure stating this fact and in add
ing that the certificate of Capt Townsend upon those papers
is most fully and perfectly correct.
The Judge Advocate here requested that the Court might
be cleared and remained in session with closed doors until
O'clock when it took a short
Gen. Kearny being called again
The Judge Advocate said he had received from the Pesi
dent of the Court the following question
Question Was Com. Stockton regarded by you as Gov
and Commandern-chef of the land and naval forces
in California the march from San Diego Los Angeles,
at any other time after your first communication with him
in California and if TO what extent, and under what
orders authority did you regard recognise him And
under what orders authority did Com Stockton
attempt exercise the functions of Governor and Comman
dern chief in California and did the these func
tons by CON- Stockton, any order you from him. inter
dict your military authority the troops in the department
the command of which you had been assigned If So
please state how far, and fully.
The President Of the Court said the question would be put
10 the witness unless member Of the Court objected
Col. Payne. l object.
After another session with closed doors
The Judge Advocate announced that the Court
consideration had decided that the question should be put
and it put to the witness accordingly.
Ans,oer. | found Com. Stockton on my arrival at San
Diego, the 18th December 1885, command Of the Pa
cc squadron having several ships either three the
harbo that place Most Of his sailors shore He
had assumed the title Of Governor Of California in the month
of August previous All San Diego addressed him as
50 Governor" / did the same.
After be had determined the march from San Diego to
Los Angeles the troops being paaded for the goth De
cember he, in presence of several ofice-among whom
myself Capt Turner of the Dragons and Lieut. Mi
Of the navy, and others whose do recoect-
remarked TO them Gentlemen Gen. Kearny has kindly
consented to take command Of the troops this expedition
you will therefore"-
THE Judge Advocate here remarked to the Court that this
was already on record No objection however, being made
the witness proceeded
"Iou will therefore consider him as your commander I
will go along as Governor and IN Cali
fornia Under CON- Stockions directions every a,a,,e
for that expedition made had nothing vvb,te
do with it. We marched from San Diego to Los Angeles
Whilst the march, few days before reaching Los An
geles, commission Of two citizens believe on behalf
Of Gov. Flores, Com. Stockton with cornnupca
him the Governor Commandments in Cali
fonia Com Stockton replied that communication with
consulting On the march at no time considered
Com. Stockton under my direction did at any time
consider myself under his His assmacd rank 10 officers
Of the army at that time was, and is and will for up
wards Of year remain, that of a colonel
Although did not consider myself at any time or under
any circumstances under the orders Of Com Stockton
yet so large portion Of my command Of sailors and
marines, felt my duty all important subjects consult
his wishes, and, far consistently could do So to
ply with them.
He considered by the commandcr-in chief in
California until he had of his own accord on the 29t De-
cember, turned over portion Of that command 10 me-
believe the authority uader which Commodore Stockton