Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-11-23
MISCELLANEOUS.
(Repored for the Baltimore SUM-
TINE FREMONT COURT MARTIAL

WAsHISoros. November IL, iS47
The court met-ali present. Lieut.. Coz. Ere
mont and counsel 10 attendance
Gen. Kearny alter the Ieadingoi The record,
rose and said: wish 10 make an explanation OF
nv testimony OF yesterday. Upon reflection, and
upon examination, ! md mat my douols OF yes
lerday, relating 10 the two papers referred 10 me
by The accused, as having been filed by me IN The
War Deoarimru,, are now dispe!led. Those pa
ners were sent by me, with many others, % The
War Department, on Inc Dist o! September. l
therefore Take great pleasure in stating this ac',
and in adding that The certificate Of Capt. Iown-
send on those papers, is mos, fully and PERFECTLY
correct
ing question has been handed TO me by the Presi-
den, OF The court, which, if no objection is made,
will be entered on The records as question by The
court.
Ques,ion.-Was Com. STOCKTON regarded by
Won as Governor OF California and Commander
in-chef OF The naval and LAM inrces in Caliior.
MIA on the march from San Diego 10 Los Ange-
los, or at any other time after your first commu-
nica.ing with him in California; and il 50. 10
Maat extent and under what orders did you so re-
gard or recognize him; and under wha. orders or
authority did he assume or attempt 10 exercise
the functions If Governor and COMMANDMENT.
Chief in California and did The exercise OF those
functions BY Com. Stockton, or any order 10 you
from him, inierdct your military authority over
the troops in that department. 10 The command OF
which you had been assigned. ESQ, please state
how far and fuliya
Col. Payne.-i object 10 the question.
President Brooke Well, linen, lie. the court be
cleared And il was cleared.
When The court opeued the decision, shat the
question should be put, as question OF The court,
was announced.
Answer.-l found Com. Stockton, on my arri-
val at San Diego, on the TO- oil December, 46.
in command o. III Pacific squadron, having Sc
veral ships in harbor at that place, either Two or
three OF them. Most Of his sailors were on shore.
He had assumed the title oil governor OF CaiIor-
mia in the month III August previous. All al
San Diego addressed him as governor; cid The
same. Alter he had determined upon the march
from San Diego 10 Los Angeles, The troops being
paraded Tor il ON the 29.n oil December. he, IN
the presence Of several officers amongst whom
were myself, Capt. Turner OF the Dragons, and
Lieut.. Miner, OF the navy, and others whose
names do not remember, remarked 10 them:-
"Gentlemen, General Kearny has kindly consent
ed 10 take command .! The troops 90 This expedi-
ton
Judge Advocate remark 10 the President
that all this is in evidence before.
President Brooke Never mind, sir.
Gen. kearny resumcd-"Yon will therefore
consider hin, rs your comIuandrr. l will go
along as commander in.chicf in California
Under Com Stock on's directions every arrange.
ment for that expedition was made had moth
ing 10 do with it, We marched IRON San Die.
20 10 Los Angeles. Willis, or The march, and
q few days before reaching Los Angeles, CON-
mission Of two CITIZENS as believe, in behaii OF
Gov Fires, came 10 Com. Stockton with CON-
munica,ions 10 him as the governor 81 cotnmand-
er-in-chiei in California. Com. Slackion replied
10 that commission without consulting me.
On the march had a; no time considered
Com Stockton under my directions, nor did M
any time Consider myself under his His ASST
inflated rank TO off ers in the army al thai time
was, and now il, and will for upwards OF year,
remain with that Of a Colonel. Although did
moi consider myself a, any lime under The orders
OF Com. Stockton, yet as so large portion OF
nv command vas Of sailors and marines, lelt
i, az M aaiy, IN all important subjects. 10 con-
anlt his wishes. and as far AS Could consistent
w do so, 10 comply with them. lie was consi-
dered by me as The commandment chief in Cali
torpia, until he OF his own accord. Oh The 29ia Vi
December, turned over portion OF That COM
mand TO me.
| believe the authority under which Com.
Stockton exercised the functions Of Governor,
was claimed by him as the right OF conquest, as
be considered il, of California, in The month oil
August. Com. Stockton, in his leller 10 me OF
Inc lUQ oil JANUARY, II, StdtSS uidt ~ouiu S"h-
slider mvselt suspended from The command oil ,he
truops 10 this place, meaning Los Angeles.
Iadpe Advocate. lha, letter on the record :
Gen. Kearny think il is. have no copy
fiji.
The troops al that place, at that time, were the
aailors AM, marines. a small, detachment Of VOL
unteers an, about sky Dragons, untcr the COM
maud of Cap. Turner; besides the battalion oil
California volunteers under The command o! Ii.
vr~t- Ia. ucoH, in & IN,
Stockton's letter to me, considered applicable
10 his sailors and marines, and accordingly gave
up the command oil them Immediately.
Judge Advocate.-IS the question answered ful-
ly, Mr.. President
Presiden, Brooke.-Read the answer over, If
you please, sir.
The answer was read over, and i. was con-
sidered full.
Question by the Cour,.-Dd Com Stockton
attempt 10 exercise "any authority on land alter
the arrival of Com. Shubrick2
Answer.-I believe not. further than The COM
mand of his own sailors and marines Al San hi 60
Question by The Cour.-Di any crd1r % Of
from Com Stockton, other than lhai u. the li.h
January, Just mentioned, prohibit your com .!and
over Lieut. COL Fremont
Answer Not 10 my knowledge.
ICON. Slockton's Letter was here HANDED 10 Gen.
Kearny and examined by him.1
Jude Adyocate-ls that the letter dated the
18th or l7th2
Answer.-The date OF the letter is the 10th and
no, the l7,h. have stated in my testimony that
tina. letter from Com. Stockton was dated JAM.
ary 18th Il an error of mine. !, was dated
on the 10Th. | would explain to the court that
while can remember abou, the time the letter
was written, cannot say when il was delivered
Lieut.. Em"ry, believe, delivered it, and ne is
here in the city.
a H. Iaro cd ska haI
believe the letter had been entered on the record
heretofore, aud offered il now 10 be so recorded.
Several members Of The court stated that the LEI.
ter, in their opinion, had been read before, and
was on the record.
Som. discussion as to this fact ensued, wher
the Judge Advocate said "Wi you be good
enough, Mr. President, 10 have the court clear.
ed7"
President B,ooke-Yss sir. Lot the court BE-
cleared.
Alter some time with closed doors, the cour
was opened, and the following letter was read and
recorded
H.ApouAarERs ARMY OF THE Ws.r,l
Guided los Angeles, Jan. l6h, lS47.
Sir-In answer 10 your note received This at
ternoon, neei say blu, lille more than TIA, which
communicated TO you in a conversation at oar
Diego, that California was conquered, and CT
vii government, put in'o successful operation, ant
copy of the laws made by me Tor the govern
ment OF the territory and the names Of he officer!
selected to see them faithfully executed, wer,
transmitted TO The Presiden, Of the United States
before you arrived 10 The territory.
will only add tnat cannot do anything, no.
desis, from doing ANYTHING, or alter anything or
your demand, which will repor, 10 The Presiden
and ask Tor your recall
In the meantime you will consider yourself sus
pended from the command Of the u g. forces il
this place Faithfully, your obt't servant,
r. F. Stockton, COMMANDMENTS chief
To Brevei Brig. General S. w. kearny.
Question by a member.-When you gave YOU
order Of the l6 OF January, 10 L.. Colonel Ere
mont, and received his answer OF the l7,l. was h,
In duress by Com. Stockton, in the exercise of So
prrior authority, and having the means and &C.
ierminaiion Of enforcingit1
Answer.-I think not. gave my order TO Il