Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-20
Wan DEPARTMENT, AD5vrAsr GrsrnAl's orr1er,

in session for his trial based upon the facts alleged and
officially reported the Department by Gen. Kearny and it
is not known understood that any charge specification
has been introduced based on facts derived from other
whatever
am also instructed say that the original charge and spe
cfcaons against Lieut. Col Fremont presented by General
Kearny and other communications from him transmitted
by him the Department placed in the hands of the
officer selected for Judge Advocate with the general directions
of the Department put the matters of charge therein
tanned proper form and shape for trial and with the fur
Their remark in substance that might be matter OF
doubt what the legal designation of the offence which the
facts alleged would constitute they might be- was pesum-
ed forth specifications under than general
charge.
The original charge and specifications prepared and filed by
Gen. Kearny still in the hands of the Judge Advocate,
subject be produced by order of the Court should deem
the production Of them proper for any purpose whatever
The Department would find great difficulty in adopting the
conclusion that could rghfuy direct the Judge Advocate
the particular of conducting the proceedings OF
the Court to submitting Withholding from the &C
cused the papers in his hand Idoes not however, perceive
any objection the Judge Advocate have to yield re-
quest inspect the original charge and specification prepared
by Gen. Keany.
X. JONES, Adjutant General.
Hon. THOMAS III. BENTON, U. s. Senator, and WILLIAM
CAnEr JoSEs, Esq, Washington.
MONDAY, NOVEMBER l5-TwELrTn DAr.
The Court met pursuant to adjournment; all the
members present.
The crossexamination of Brigader General Kearny
witness the part of the prosecution, resumed
Question Did you write letter to the Secretary of War
the 9Th of January, ls47 and this true copy of that
letter
Aps,cer. I did write letter to the Adutant General of
that date January l7h and believe this to be true copy
Of that letter.
The letter read follows
HEADQUARTERS ARMY WEST,
"Ciudad de los angeles, January IL, ls47
"SrR enclose herewith copy OF three communications
No. being instructions from (of Yesterday to Lieut.
Col Fremont, relating his battalion OF volunteers No 2
reply of Lieut. Col Fremont OF this date, refusing obedience
my orders g. letter from OF this date to Com X r.
Stockton his assuming not given him. and
ing from complying with the instructions of the President
of the United States conveyed in letters to from the Sc
cretary of War.
IT will be seen by the President and Secretary Of War
that recognised in official capacity either by CON-
Stockton or Lieut. Col Fremont both Of whom refuse to obey
my orders instructions Of the Presidents and have
troops the country under my authority, excepting few
dragons, have no power Of enforcing them
al have that the march of the troops from San
Diego this place reluctantly consented TO by Com.
Stockton on my urgent advice that he should leave Lieut.
Col Fremont unsupported to fight battle which the fate
Of California might for long time depend-hec correspondence
prove which with my papersat San Diego, and copy
of which will be furnished to you my to that place.
every respectfully your 9 OBJ s , servant
"Thc ApJurAsT GENERAL U. s. A., Washington"
Question. Was that letter written after your interview Of
the same day with Lieut.. Col Fremont
Aas,oer. (AAer pause.) 1t must have been, as
member.
Question In that letter there these words "both Of
whom (vz Com Stockton and Lieut.. Col. FremonD refuse
to obey my orders" Will you please to state
Gen kearny here said that is but part Of the sentence
The Judge Advocate here looked again the letter which
had been read and assencd TO the remark.
Question Will you please to state what had occurred be-
tween the closing part interview you have heretofore
toned with Lieut. Col Fremont and the writing of that letter,
TO state the absolute refusal Of Lieut. Col Fremont obey
your oer when, according to your direct testimony giving
an account Of that interview his last words you
diona viz that he would go and Com Stockton aud il
the Commodore would no, give him governorship
no would not obey his orders
Aasccr. (Ahcr long pausc.) The extract given in
he question from the accused but part Of the sentence