Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-12-04

the people in consequence the causes Of discomfort
vergng nsurrecton, which then existed alay
which was the of the extraordinary ride by
Lieut. Col Fremont from Los Angeles Monterey in March,
lS47 OF the causes OF the delay which occurred in
81. c. FREMONT,
Lieut. Col. Mounted Rifemen."
Question Did you consider the proclamation Of General
Keany extending the constitution OF the United States TO
California and abogatng all laws repugnan TO that
stution and if not how did you consider affecting the
jurisprudence of the country
A,.s,Ur did consider that there was any essential
change in the laws and jurisprudence of the country in
sequence of that proclamation The change mentioned in the
proclamation considered as prospective, and it took
place.
Question What construction operation did YOU give to
this clause in the proclamation But until this be done,
the laws in existence, and not in conflict with the
stiuon of the United States will be continued until changed
by competent authority =
Aas,cer supposed when accepted the office of Acalde
that in short time there would be written system OF laws
for the of the country in forming which the peo
pie of the country would participate TO extent and until
that change should take place and authorized admins
tered justice according to the Mexican laws and customs as
far as could ascertain them.
Question. How did ynn consider the inhabitants of Calor
MA citizens Of the United States Mexican citizens
under these words in the proclamation and he hereby alb
solves all the inhabitants of California from any further allie
glance to Republic Of Mexico and will consider them
citizens of the United States "
Aascer did not consider them as citizens Of the United
States As before remarked considered the proclamation
prospective
Question Did you as Alcalde consider the capituaon
Couenga' in force under the proclamation Or did you
consider that capulation abrogated by the proclamation
Ascer. considered the acts of Gen. Kearny in the coun
try authoritative considered him as having the legal
authority in the country and IL there any conflict (Which
noticed specially between the two Documents that his
must abrogate the other.
A question here put TO the Witness examined III
CHIEF, by the Judge Advocate.
Question: Do you know of any alarm disorder verging
instruction, caused by that proclamation, following it.
as your Judgment to be considered occasioned 10y it
Asoer. do not hhoW of any alarm or instruction There
Of an instruction and OF invasion below but
from what cause never heard.
Question yhe defence examination resumed Is
the arcein this newspaper, called the California Star, of the
date OF May 5h correct account rumo to which you
aude
Here the following paper read to the witness
"FRom BELow.-Wc have Just learned by arrival
from Los Angeles that another outbreak apprehended
Our informant his way hter met several large Cavallado
driver by Caliornans in And again, ON the Couena
plains Los Angeles three horsemen bearing the Mex
can flag fled upon being discovered.
Another account which do consider credible
the Of hoslites 1t is true that i'm.
bands of horses almost daily driven to the eeward
have yet commenced have TO believe III the
language Of our informant that they are hxn Tor IT.
Anscer. read that article in the Californian and it
the current rumor
Mr.. Bryant then retired.
The Judge Advocate informed Col Fremont that the only
witnesses summoned the part Of the prosecution who have
been and examined Dr. Sanderson, Major
Swords of the army, and the Hon. w. T. Hall the latter
not in attendance to-day.
COL Fremont said he had questions TO ask Of Dr. San
derson Major Swords that he would at any convenient
future occasion, when the prosecution might introduce him.
examine Mr. Hall the few points in regard TO which his
testimony required by the defence.
And the Judge Advocate said further
The 9th specification the LIST charge recites order
from COL Fremont the collector of San Pedro The orig
nal exhibited TO Col Fremont during this trial. and
admitted BY him to be authentic and hat the same truly set
out in the specification The latter part OF the specification IS
an ayerment oil the amount received by the collector under w
orer and the of discount the paper San Pedro
In proof of the amount the Judge Advocate has received
the original certificate which the collector received from HUI
ternan and Tor which he allowed credit IN the settlement
of his custom house with Lieut. Davidson OF the
department. who ordered by Governor
kearny to audit the said custom-house accounts
In proof of the discount the Judge Advocate has Off
ca report OF the said collector Governor kerny Also
General Kearny can now testify to discount
on the paper at the place But the Judge Advocate
thinks OF Importance establish this point except in
far he is required go through aud exhaust the spec-
! cations
This statement in the specification stands in theorgi
nal charges But appears that this paper good at all as
against the Government good tor par and taken at ALL
ought to have been taken in payment of Government
dues
s'Leut. Col Fremont, however, admits the statement in
this 9th specification The t chaeboth to the amount
received by the collector from Huerman and the discount
which said paper could be purchased San Pedro and viii
ling that It shall stand as proved and to the Court Tor what
it is WORTH
The Judge Advocate then stated that the evidence for the
prosecution closed.
Lieut. Soi Fremont now presented 10 tue Sout the loi-
lowing paper
Lieut. Col Fremont desires respectfully to call the atten
ton OF the Court to the fact that the and principal pro-
scouting witness in this has occasions vouched
Lieut. w. ii. Emory, of the Typographical Engineers, as
able to testify important point which both the Court
and the defence have directed questions Also that Lieut.
Emory in immediate with the
mnent actor and witness Of all the in which the mat
OF accusation before the Court appear have had their
rise, IN such and under such circumstances TO
point him out as the important Witness after the
ser himself on the side of the and yet that he has
not been so summoned and is understood the prosecution
decline to call him
"Leut Emory formed portion of the guard which
panied Gen. kearny from New Mexico to California
with him at San Pascua and the hill of San Bernardo and
thence to San Diego and during his the latter place
from the 18th TO the 2Sh December present at the
ganzaton OF the expedition from San Diego to Los Angeles
and reported by Gen. Keay the acting assistant
general on the march of that expedition and IN this capacity
making the official report killed and wounded in the actions
which occurred during the march, lie subsequently acted
aduant to Gen. kearny and through him that the
der was sent which introduced the Of the first
specification OF muny against 1t Col F. aud in relation to
the delivery which Gen Kearny youched him the
proper person TO testify He is likewise the officer selected
by Gen keary his confidential messenger bring to the
Government his account of the and state OF affairs
California; subsequent the breaking Of the dispute be-
tween Com Stockton aud Gen. Keany.
In courts OF law Lieut. COL r. is advised, the oms-
to call witness under such would be
uniavoraby interpreted raising suspicion that the witness
might have testimony his knowledge that the party whose
place il call him desired exclude else to force
rights of characterization. Courts martial will be
cou In a