Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1847-11-25
COL. rREmoNr,s TRIAL.

the proceedings OF the Court Martial now en-
gagged in the trial Of Col. Fremont, is more to
be regretted, as il is impossible, BY any abb
1 siract, TO convey 10 the reader satisfactory
/ idea Of the character and bearings OF the evi
dence. The leading point sought to be estab-
I llshed by Col. FPS counsel, however, is, that
Gen. hearny's instructions had been rend-
cred null and void by the conquest Of Califor-
MIA and by the organization of Government
therein, under the auspices OF Com Stockton,
before the General reached the scene ofaction.
and that he had himself impledIy renounced
his authority as commander-in chief of that
4 territory, by recognizing that Of Com. Stock
ton, under whom he had consented 10 serve,
and did serve, IN subordinate capacity. II
will of course, if these facts be established. be
argued that Gen. kearny had no right TO give
orders 10 Col Fremont, and that the disobedi-
/ ance OF those orders consequently does not
justify the charges Of muiiny and insubordi-
nation, upon which he has been arraigned.-
/ Gen. kearney is the only witness that has vet
been before the Court His cross examina-
\ ton, which has been close and searching,
closed on Tuesday evening last, the thirteenth
day of the session of the Court and, as there
are about forty others to be examined, il is
probable that the trial will be protracied at
I least month or two longer. The sesuIt. how
ever, we think, it is rot difficult 10 foresee-
not indeed what the verdict and sentence of the
+, Court may be, but the final disposition of the
case for even should Col. Fremont be found
guilty OF the acts charged, and sentence pas
4 sed in conformity with the finding. (of which
I there may well be some doubt, the Execu-
4 tive will remit the penalty, whatever II may
be, and restore the Colonel to the position he
has heretofore occupied. So far as we can
comprehend the facts Of the case from the les.
timony of Gen. Kearny alone, we do not per
ceive how the President can, in justice to Col
Fremont, do otherwise than shield him from
the consequences Of acts growing out of his
own failure 10 define with precision and GER
tainly the powers and duties of the several
commanders, military and naval, who were
despatched, at diferentperods, to the province
of California, invested, as is apparent from the
antagonist attitudes of Gen. Kearny and Com.
Stockton, with conflicting powers. as embar-
RAISING 10 themselves as TO their subalterns.
| Col. Fremont is a great lavorite with the
country, which has witnessed bis sudden ele-
Walton over his seniors without serious com.
plant, (though that fact has doubtless excited
not little professional jealousy among his
comrades,) because, although il has been
whispered that his rapid promotion was 10 a
considerable extent the result of that ssback-
stairs influence" from which no Administration
can be at all times exempt, there was gene
raj willingness TO ascribe il 10 the extraordina-
ny zeal, energy and talent displayed in those
remarkable explorations TO the Rocky Noun
tains and the Pacific with which his name is
associated as the er-spirit, and OF which
he has given 10 the world history character
lied at once by genius and modesty The in
telligence of his arrest, therefore, upon char
ges SO serious in their character as mutiny and
observation-disclosures affecting not only
his official rank, but his life-was received
with the most painful emoiions and il cannot
be doubted that his acquital, or, should the
Court be constrained to pronounce him guilty,
the remission Of his sentence by the Execu-
tive, will be hailed with universal satisfaction
We do not mean, however, TO be under.
stood, by the remotest implication, as casting
any censure upon Gen. Kearny, who, in the
arrest Of COL Fremont, has been unquestiona-
bly, actuated by sense ofpublic duty, as well
as by considerations of selfrespect, in the
maintenance of the authority resulting from
his rank and position, and from the powers
with which he had been clothed by the Exec
utlve. In his intercourse with Col Fremont,
indeed, previous 10 the final rupture, he ex-
hibited extraordinary forbearance; and his
strong appeals 10 the Colonel to re consider the
apparently but half formed determination TO
yield obedience TO Com. Stockton rather than
10 himself, sufficiently protects him from the
| imputatlon OF desire unnecessarily TO har-
rasS, much less TO destroy the Colonel The
dilemma OF the latter, indeed was truly a per-
| picking one. He was compelled, in this con-
tiict oil claims to supreme authority in Callfor-
MIA, between the General and the Commodore
each Of whom based his pretensions upon his
instructions from Washington, TO decide be-
tween them; and it is yet to be ascertained
that he made wrong decision, Though such
being the opinion of Gen Kearny, he was
bound to arraign him, when he recognized
the Commodore. from whom he had derived
his authority as ''Military Commandant of the
territory OF California" in virtue fhis prerog-
alive as Governor and commander chief,
(whether assumed or not we have yet to learn, }
before Gen. kearny reached the scene of con
fiicr. Had Col Fremont made different e.
lection, II is apparent that he would not have
escaped trlal-as in that event Com. Stock
ton, who is more than ordinarily punctilious
in all matters pertaining 10 his rank, and who
particularly enjoys the possession Of a "litle |
brief authority" instead Of Gen. kearny,
would have been his prosecutor. AS we have |
heretofore remarked, the unpleasant affair |
seems to have resulted entirely from the fore
sight and caution in the action Of the Govern
men; at Washington, which failed to guard a.
ganst a collision between lis military and ma
val commanders in the Pacific; and the Exc |
cutive will consequently feel itself under an
obligation, in the event OF verdict against |
one of its subalterns, whose sole offence, in |
this view Of the subject, if he committed any,
is, that his judgement led him TO an errone-
Gus decision, in o5eying the Commodore rath-
er than the General, not only TO remit the pen
atty, but to restore 10 him his sword, unstain-
ed with the slightest imputation of dishonor.-
Rich Whg.