Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-06

IL
to me-
IA paper here exhibited to the witness
This is copy Of the order furnished him by Lieutenant
Emory.
The paper read, follows
HEADauARTERs ARMY UNITED STATES.
Ciuddd de los angeles, January l6, ls47
by direction OF Brig Gen. keamy | send you copy OF a
ls 1916, in which is the following "These troops and
such may be organized in California will be under your
command The General directs that no change will he made
IN the organization of your battalion of volunteers or Off
GERS appointed in IT, without his sanction approval being
hrst obtained. Very respectfully,
WIN. H. EMORY,
1t. and Acting Assistant Adjuant General.
10 Lieut. Col. j. G. FREMoST, Mounted Riaemen.
Commanding Battalion California Volunteers
Accompanying this a copy of letter from the War
Department to myself
This has been read in the reply of the witness to the first
ineHogatory-see above
On the day subsequent viz. on nth January Lieut. Col
Fremont came to my quarters and, in conversations asked
INN whether he had received my communication of the day
previous He acknowledged the receipt Of it and stated
mat he had written reply and left with his clerk TO be
copied
About this time person entered the room with paper in
MS hand, which Lieut. COL Fremont took overlooked and
theh used the pen upon my table to sign his clerk having
'oid hm that the signature wanting it. He then hand
by my table while read the letter.
Having finished the reading of it, told him was an older
man than himself; that was much older soldier than him
sell mat had great respect and regard his wife and
great friendship for his inaw, COL Benton from whom
had received many acts of kindness that these consdera
TONS Induced me to volunteer advice him and the advice
was that he should take the letter back and DESTROY thar
was willing to forget it, Lieut. Col Fremont declined akin
back, and told that Commodore Stockton would SIM
port him In the position taken in that letter. told him that
Com Stockton could not support him dsobeying the orders
OF his senior officer and that if he persisted in he would
unquesionaby ruin himself He told me that Com Stock
ton was about to organize civil government and intended to
appoint him Governor Of the Territory. told him Com
Stockton had no such authority that authority having been
conferred on by the President of the United States He
asked me whether would appoint him Governor told him
i"" leaving Santa l5 that had
and in hopes of receiving it that, soon the
try should be quoted should probably organize civil
government and that that time knew of objections
appointing him the Governor He then stated that
he would CON- Stockton and that unless he appointed
him Governor he would obey his orders and he
left me.
The examination in chief was here closed
The Judge Advocate stated that Lieut. Col. Fremont had
now the opportunity of cross-exanlination.
Whereupon Lieut. Col. Fremont presented the following
paper which, by permission OF the Court read by the
Judge Advocate
'Mr PRESIDENT Before putting any questions to the
Witness and to enable the Judge Advocate and the Court the
better understand the relevancy of the questions put think
it best to give idea of the general scope Of
defence This be done, with respect branch
of the defence, by reading paragraph from paper address
ed by my the War Department asking for certain
orders and reports preparatory the trial. and which para
graph is in these words
go In looking the charges and specifications,
that the imputed acts of muny and disobedence and dsor
DERBY conduct refer TO period of time when Commodore
Stockton and General kearny were contendng for the
preme command in California and when the decision of that
contention attempted 10 be devolved upon Lieut. Col
Fremont commander of the California battalion by Gen.
Kearny giving him orders in contradiction Of those of Com
Stockton which decision Lieut. Col. Fremont declined TO
make and determined TO remain he the were,
sunder the command of Com. Stockton until his supe-
rors decided their contest Looking upon this to be
answer the undersigned feel TO be their duty
PROTEST, and do hereby PROTEST. against now trying
that question in the person Of Lieut. Col. Fremont,
charge of muny and dsobedience of orders and conduct
'preudcal to good order-charges going to his life and
characteror not obeying the orders OF General keany
They make this and reserving to Lieut. Col
Fremont all the benefits to be hereafter derived from they
deem their duty prepare for the trial of the charges and
specifications made, (Which is in fact the trial of Com
mo5ore Stockton of the navy, in the person Of Lieut. Col
Fremont, of the army and, for that purpose, they claim
the benefit Of all the deences which Commodore Stockton
could himself demand if personally trial before naval
court martial Under this Of duty, and with full
conviction that they do justice Commodore Stock
ton Ito whom, happily, decision against him will be
legally nugatory, and may lie contraded by the decision
Of naval court martial, while unhappy will be fatal to
Col Fremont they ask TO be furnished early posi-
bic, with official copies Of all orders Commodore Sloa
Cunder whom Lieut. Col Fremont first served, also to
Commodore Stockton and Commodore Shubrck, and any
other naval officers, charging them with military or civil
powers in California also with copies Of all their reports
in which Lieut. Col. Fremont the California battalion
mentioned referred TO also copies OF all communca-
tons from them, either Of them which show the nature
and extent of which they the said naval command
er actually exercised in California also copies oil the JOINT
proclamation of Commodore Shubick and General keay,
in settling the boundaries Of power in California between
themselves; also copy Of Gen. keany proclamation al
the same time also copy of the orders TO Gen. hearny
to proceed to California, and copy Of the orders, any,
10 proceed from California Mexico aud copy oil the
orders, if any, which related 10 Lieut. Col FTemonts
movements in from California anda copy OF the orders
If any by which Gen. Keany brought home TO the United
States the typographical party formerly under the command
of Lieut. Col. Fremont, when BreVe captain OF IoPo-
graphical Engineers
Anoher main branch of the defence viii to impeach
the motives Of the prosecutor by showing his acts and
duct towards during period Of SIX months and twenty
days Of tme and distance Of about three thou
sand miles of travelling and for that purpose to avail self
his witnesses, well Of the direct examination of my
own.
.sThs is sufficient to give a general idea Of the main
branches Of the defence and will enable the Judge Advocate
and the Court the better to understand the drift and reevan-
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