Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-11-09
c,rn.n ns Los Angeles. Jan. II la17.

pacy Of Military Commandanl Of this Terrific
~, had received from Conmodo!e Stockton,
! Cover nor and Commander-in.chie' IN California.
| avail. myself Of an carly boar This morning
TO make such reply as the bfiei time allowed
| for reflection will enable me.
! found Commodore Stockton in possession Of
he county, exercising the functions Of Military
Conmandant and Civil Governor; and shortly
thereafter received from him the commission OIL
military ccmmandant, The duties of which inn
mediaeIy entered upon, and have continued 10
exercise 10 The present moment
found, also, OF my arrival al Ibis place, some
three or four days stree, Ccmnod"re Stockton
still exercising The functions Of Civil and aiil
tary Governor, with The same arparan deicr-
cncc 10 his rank on The par Of al officers in
GLIDING YOURSELF as he maintained ana required
when he assumed in july las.
learned, also, in conversation with ycu, that
on thu march from San Diego recently 10 this
place, you entered uHon and discharged duties
implying an acknowledgment, on your raIl, Of
supremacy 10 Commodore Stockton.
| feel myself therefore, with great Difference 10
your professional and personal character, cen
strained 10 say that, until yon and C"mmtdnre
| ssrnei,on adjne hc,v'een ynursc.ves 10 question
| Of rank, where respectfully think the difficulty
| belongs. | shall have 10 reror, and rccei:e or.
dere, as heretofore, from he Commodore.
With considerations 81 hish regard. am
yorr obedfnl servant, ] g. FREMONT,
Lieut.. Col U.s. Army ard Military Command DAT
Of he Territory Of California.
To Brig Gen. S. w. kEaRsY, U. 5. Army.
We continue General Kearny's evidence from
The lnlel!iecncci's IelcrI. To understand the
gia Of The controversy, re deem i. necessary 10
give The statements Of General k and Colonel
F., unabridged. Though extended they are full
Of interest:
Abou, The l4,h OF January, 1917, | received
from Lieutenant Colonel Fremont cummunca-
lion dated tie day previous, upon he match and
dated January 18th, 1916. [pfe>umed 10 hc vii.
len BY mistake Tor 1877 and which furnished,
together with The charges, 10 The h,lu.an! Genc-
raj.
The paper was read as follows:
On THE March, January IL, lSiG
Dear Sir: have The honor to rePolito you mg
arrival al this place, with 400 mounted rf:iEcn
and six pieces Of artillery, including among The
latter Two pieces lately in The possession Of tie
Ca!iiorriars Their entire force under The
command Of Don Andre Pico have his dag laid
down their arms, and surrendered 10 my com
mand.
Very respectfully. ycur obet len; seIvaLl,
] {. FREMONT.
Lieut.. Col. U. S. Army and Military Commanded
o' the Territory Of Caliioma.
Big. Gen. S. w. kE.RSY.
On The Gay OF The rece;pI Of that report wiz
OF The l3:ii january Lieut.. Col Fremont al the
head of battalion oi volunteers, fLiercG tie city
OF Los Angeles. On The 10Th OF January IN az
der was sent 10 him, relating 10 Tins battalion, by
my direction, and signed ny Lieut.. Emory-ac co
~ of which have furnished, aud which | can
identify il shown 10 me.
A paper was here exhibited 10 The witness.
This is copy OF the order furnished 10 him by
Lieut.. Emory.
The paper was read, as fo'lows:
HEADQUARTERS ARMY UNITED STATES,
Cudad lie los Angeles. Jan. &c 1877.
By directions Of Brig Gen. Kea,ny send you
a copy Of communication 10 him from he Sc
crelary OF War, dated June Is, 1916 in which is
the following: These troops, and such as may
be o,gduiz.t in California, xii it undo. your
commant." The General tcots that nc change
will h. made il The organiziinn q yonr baia-
lion Il volunteers o. officers afpoin'c III il, with
VERY Respectfully,
NM II. EMORY,
L. ard Aching Assistant Atst Gen.
To Lieut.. Col. j. c. EaEM IT, Mpun,cd T. lle-
men, Commanding Battalion California Vols.
Accompanying this was cc?y ci a letter ;rcr,
the War Department ~ myself
This has becn read IN The rery 81 Tie Wines
To he first inicIrgaofy-se above
On the day subsequent, VIZ: nn l1lh Januaf"
Lieut.. Col Fremont came 10 my quarters, and,
in conversation, asked him whether he ha, rc
ceivcd my communication oi the day previous I?
lie acknowledged The Teceip; OF i; aud stated
that he had written reply and lei! j, with his
clerk TO be copied.
About this time PERSON entered lie room with
a paper in his hand, which Lieut. Col. Ffciannt
look, overlooked, and then used tic pen uron ny
table 10 sign il; his CLERK having told lin that The
signature was wanting 10 il. tie hen hahdra il
10 me. Il: my request Lieut.. Col Fremont TOOK
a chair BY nv table while read The letter.
Having finished The reading Of il, told him
was an older man than himseif-;hai vas q
much older soldier than himself-lhal had great
respect aud regard Tor his vile, aud great friend
ship for his faiher-in-law, Colonel Benton, from
whom had received many acts oi kindncss-
lha, these considerations induced nc Ia vcunieci
advice 10 him. and the advice vas that he should
take tic letter back, and destroy it-thal ! was
willing TO forget il. Lieutenan. CoIone + caan
declined taking il hack and lo!i me tia; Cum
modore Stockton would support him in III posi-
lion taken in hat letter held him lha C0nimo-
ing the orders oil his senior officer, ard hat il he
persisted in il, he would unquesliorsb.y, ruin
himself He told me- that Commodore Stockton
was about 10 organize civ! government, an
intended 10 arpoip. him Governor OF the Terri
luIv. told him Commodore Stockton had no
such authority that authority bavlag been con-
frrred en- me by The President oil the United
States. lie asked ne whether won!d appoint
him Governor. lu!d him expected sha!lly 10
leave California for Mssouri-haI hal, pre-
viously ID leaving Santa F., asked permission i"
do so, and was in hopes cf receiving ii--ibat a.
soon as The country should be quieied sh, ult
most probably organize owl government, ard
thai AT thai time knew of no objections 10 AZ
pointing him a. the Governor. Hc ;hcn stated II
me thai he would sec Commodore Stockton, and
that unless he appointed him Governor q. nnce,
lie would not obey his orders, and ne le!t me,
The examination in Chief vas here closed.
The Judge Advocate stated that Lieut.. Col.
Fremont had now The opportunity OF cfossexam-
nation
whcleupon, Lieut.. C"l. Fremcn! presented
The following narer. which bY permission Of the
Court was read by the Judge Advocate.
"Mr. Prcsideni-Beio!e putting any questions
TO the witness, and 10 enable lie Judge Advocate
and The Court the better 10 understand he ieic-
vancv Of The questions put, think II best to give
some idea oil The general scope VI I'D u'e W VI.
defence. This can be done, with respec! 10 ore
main branch Of the defence, ty reading raia-
srarh from paper addressed BY my counsel 10
h- War Department, asking Tor certain orders
and reports preparatory 10 ihe trial; AID which
paragraph is in these wor';s
SIN looking over The charges and spefi'ca-
lions. il is seen thai lie imputed acls oil mn'iny
and discbediencc and disorderly conduct Tcisr 10
period Of tire when Commodore Stockton and
General Kearny welc coniendins Ioflhe SUPREME
command in California, ana when The 5cci>i"n
OF that contention was attempted 10 be ce"'ivsa
upon Lieut.. Col. Fremont as commander Of Tie
California battalion b. Ger. kaarry giving him
orders in contradiction oil those Of Com. S:acs-
ion, which decision Lieut. Col. Fremont declined
10 maxi. and determined 10 Icmain as he anc The
battalion were, under The command oil Comlro,
dore Stockton, unit! his Two su?eriors decided
their own cones. Looking upon his 10 be TIC
corrcc. answer, the Undersigned iecl il 10 be ihf If
duty 10 PROTEST and 10 hereby PROTEST, against
now irving that question in the person 4 Lieut..
Col. Fremont, on charge Of mutiny and disc,
bediencs of orders and conduct preu iciai 10 coed
order-charces going 10 his life and character
for mi ohev;no The orders OF General hearny.-