The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-09


Charges againsf Lieutenant Colonel John c. Fremont,
Of the Regiment Of Mounted R!femen, United States
.irmy
Specification LIN this. that he Lieutenant Colonel
John c. Fremont of the Regiment Of Mounted Rinemsn
United States Army being Ia command of battalion Of
volunteers organized In California for the United States
service having received the lawful command Of his
perior officer Brigadier General 8. w Kearny In the
"HEApeuAnrER', Array OF THE WEsr.
Cjudsd de los Angeles, January 10. 1s47. !
"By direction Of Brigadisr General Kearny send you
cory of a communication to him from the Secretary
OF War; dated June L. lsi6 in which Ia the following:
fornia. viii be- under your oommandn The Gsnsrsl
directs that change viii be made in the organisation
~ VERY Very respectfully. ''p' wM H. EMORY,
Lieut.. and Acting Assistant Adj Gen.
ITO Lieut.. Col J. C. Fremont, Mounted Rinsmen,
Commanding Battalion California Volunteers"
And having received with this order copy Of nstruo
lions from the War Department to Gen Ksarny In the
following words, to witt
swan DEPARTMENT, Washington. June 10, 1886
SIM: = | have nothing Of Importance to
add to the dispatches which have been already forward
edit you.
small force round Cape Horn to California
The srms cannon and provisions to be sent to the
Pacific win be accompanied by one company Of artillery
Of the regular army Arrangements now on foot to
send regiment Of volunteers by sea.
These troops and such as may be organized in CALI
fornia gill be under your command
"More than common solictude viii be felt here In
gard to the expedition committed to you and it il de-
to inform the Government Of your progress and pros
peots
situation to give IT, Of the praotcsbiity jour
reaching Cafcrnia In the Of this autumn in
the early part OF next winter need not repeat the
expression Of his wishes that you should take military
possession Of that country as soon - 1t can be safely
done:
lam, with great respect your obsdisnt servant,
w. l. MARCY, Secretary Of War
"To COL 8. w. KEARNr.n
Did reply General Kearny and his order aforesaid in
a written answer In tho following words, to wit:
"CrupAD DE Los ANGELES, Jan IL, ls47
"SiR have the honor to be in receipt of your
a % the
mandaut Of this territory. had received from Comuo-
dore Stockton, Governor and Commander-in. chief In
avail myself Of an early hour this morning to make
such reply as the brief time allowed for reflection will
81 found Commodore Stockton In possession of the
country, exercising the functions Of Military Comman
ds%t and cS % earl, Is July Of last ys..
sion of Military Commandsut, the duties Of which i'm
msdstsy entered upon, and have continued to exercise
this place. some three four days since, Commodore
stockton still exercising thu functions Of Civil and Mill
rank on the part Of ali ofosrs noudins yoursslf as
he maintained and required when he assumed in July
last
"Ie.rned also in conversation With you that on the
march from San Diego recently to this place you enter
ed upon and discharged duties implying acknowledge
msnt on your part OF supremacy to Commodore Stock
ten.
feel myself therefore, with great Difference to your
proessona and personal Character consrsasd to saw
that, until you and Commodore Stockton adjust be-
Tween yourselves the question rank whore respect
iuy think the difficulty belongs shall have to report
with considerations Of high regard am .ir, your
LII COL u D. Army and Military Commandant
ITO Brig Gen. 8. w. KEARNY, U. 8. Army"
And did thereby refuse to obey the aforesaid lawful
oss obey Sshsr orS.n But did
clare himself to be the Military Commandant Of the
Tsrtery Of CALIFORNIA; thereby resisting and throwing
command BY orders from the President OF the
United States, and placing himself In open mutiny
geee California, the seventeenth day Of January,
eighteen hundred and forty sevsu notwithstanding he
and fcrtyssvsn ofciay reported his battalion to Brig
adler General Kearny, by writing In words following to
Wit
"ON THO March, JANUARY Is, ls4e.
DEAR SR have the honor to report to you ny arri-
val at this place with 400 mounted rHsmen and sx pieces
in the Of the caornians Their entire force
under the command Of Don Andre Pico have this day
laid down their arms and surrendered to my COM
msnd
Every respectfully, your obedsnt servant.
1t. Col. u. 8. Army and Military Commandant,
OF the Territory OF CALIFORNIA;.
"Brig. Gen s. w. KEAK,r,
Commanding s. forces. Pueblo de los Angeles"
SPECIFICATION In this that he Lieutenant Colonel
John c. Fremont ofthe regiment Of Mounted Rinemen,
United states Army, being in command Of battalion
by the aforesaid orders of the Secretary Of War Of June
eighteenth eahteen hundred and fortysx. under the
command Vt Bgsdier General Kearney, did issue
der 10 Captain J. Wilson. at Angeles January twenty
nv" sghteen hundred and In the following
words, 10 wit:
"ASeyLEs, January IS, Is47.
"To Capt. j. X. WILSON, Light Artillery
"sirYou hereby authorized and directed to raise
company Of men to constitute the second company Of
artillery In the California Service and for that purpose
are ds'ached from your present command.
to enlist With a. little delay as possible You are sutho
rzed to enlist the for three months and to promise
them dollars per month
"Lsut. Col. commanding California forces in United
States service "
Thereby raising and attempting to raise troops in viola
ton end contempt of the lawful command aforesaid Of
his superior officer, Brgadicr General Kearny, Of date
anco Of and in mnny against the authority Of his su
psrior ocsr Aforesaid, by raisng and attempting to
raise troops and by procaimng himself to be and as
sumpg to ncs as the commander OF the United States
forces In California
Specification 3In this, that he, Lieut.. Col John C.
States Army, being in command Of battalion of mount
ed rinsmen organised In Cahfornis for the United
Il. h Of PtS.s nnasr s"
mand Of Brigsdier General Kesrny, did, at ciudsd de
los Angeles California the bth cay Of February 1887
issue order to Louis McLane. Passed Midshipman
In the United states Navy In the following words, to
witt
"CwDaD DE Los ANGELES, February 8, Isl7.
Sal feel It my duty the Representative Of the
United States Government In California to instruct you
proceed forthwith north far In your discretion
may and exercise your best efforts In
listing troops for the term Of six months compensation
to be month to be employed In the service of the
United States and ct such points in the Territory Of
California in my judgment they most required
You furthermore instructed to proceed far the
town Of Ysrbs Buena, the San Francisco Bay, and
examine diligently int the state Of the naval military
defence of that town. and particularly to inquire into
the BEST ofertyng the mouth Of the bay against
tho ngress OF all ensmies and particularly recommend
you to be forthwith the erection
Of for - Nsr' White Island calculated when
completed oprevent he enterance Of ship vessel
tina. be forbidden TO % so by the said United States
To epable you curry into effect the foregoing In
sructions you hereby autho rsed and required to
call on all officers under my command to extend to you
Judgment may be necessary fully to accomplish the
same
In witness whereof, have hereunto set my hand
and Affixed my SEAL at the capital Of Co lfornia, this
date before written. j. C. FREMONT,
Governor OF Caifornia.