The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-09
NEW YORK, TUESDAY MORNING, NOVEMBER g. ES47

AZ.
cd the undersigned with separate and distinct pc
civil and military cordial operation In the sross
OF which, 1t Is hoped and believed will have the happy
results desired
"To the commandsrin chief of the naval forces the
President has assigned the regulation Of the import
trade the conditions on which Vessels Of all nations our
own "A well a. foreign may be admitted into the ports
OF the Territory and the establishment Of all port
ITO the commanding military ofhoer the President
has the direction Of the operations on land and
vernmen over the people and territory occupied by the
forces Of the United States
Done at Monterey capital Of California ths LAT dav
W. CRAWFORD sHUBRICK.
1Commander-in chief Of the Naval forces
Brig. Gen U. s. A. and Governor Of California ~
And having :. tbs same time, on the nth day of March,
hands Of Captain H. s. Turner the following order in
terms, to witt
'oRDEm} HrApauARrrNs TENTH MnrrAar DEPT.
NO Monterey, March l, ls47
~ With a view to regular payment, it is necessary
that the battalion of:Californa volunteers under
the command Of Lieutenant Colonel Fremont OF the
Army and stationed ut the Cudad de los Angeles IL not
originally mustered under the law Of May is and the
supplemental law OF June TO- lS46 should be now mus
tered into service under those laws This muster will
be made a. once by Lieut.. Col Fremont. should any
under the above named laws they will be Conducted bv
Lieut. Col Fremont to Ysrba Buens via Monterey and
III Lieut. Col. p st. G. Cooke, now in command Of
the Mormon battalion Is entrusted with the supervision
OF the southern military district for the protection and
defence OF which he will make the neoessary proyison
posting his command Ito consist Of company ist Ora
goons, the Mormon battalion, and the California volun
teers) NJ such places as he may deem eligible
By order of Brig Gen. 8 w. Ksarnv
"catpsin 4 A. 4 AU Gsas1siu
Did at Ciudad de losAngees the 18th dav of March
ls47 Issue orders to Captain Richard Owens, in the
words following, to wit =
\ Awr IKtk,
sa I'm the performance OF portion Of my oficial
duties becomes necessary that should visit In person
badly be detained fifteen twenty days. and the
better to possess you OF my views my absence and
render your authority in the meantime undoubted,
have considered proper to issue the
- LIST You will continue, with the entire battalion at
San Gabriel observing order, vigilance and exercising
as much discipline as In your discretion be prudent
ly enforced
I'D You will make no move whatever from San Ca
bris In my absence unless repel an actual invasion
from me.
Sd You will take the best possible care Of the pub.
lie arms and munitions belonging to the command and
turn them over to corps without my special order
4th The general police Of the garrison and strict
mandant cd interim constantly engage your best efforts
very respectfully, your obsdient servant,
Lieut.. Col. u, s. Army, and
Commandant OF California Battalion
To Capt. RICHARD Owens,
Acting Commandant California Battalion
AND did thereby dsobey the lawful command Of his
superior oicer Brgadier Geo Kearny Is conveyed to
him In the aforesaid Order No . of the 10th military de-
parmen by continuing In service the whole Csiforpia
battalion contrary to said ORDERS and by ordering the
battalion to remain at San Gabriel contrary to said
orders from Brigadier General Kesrny to march them
to Yerba Buena notwithstanding he, Lieutenant Col
John {: Fremont, had officially Informed Capt Turner,
teen hundred and forty that he would obey and
executs the said orders Of Brgader General Kesrny
March one, eighteen hundred and forty-seveu.
Specification BIN this that he Lieutenant Colonel
u s. army, being in command Of battalion Of volun
teers organised In California for tho United States
vice having on the eleventh day Of March, eighteen
hundred ana forty-sevsn, received the lawful order
his superior officer Brgsdier General Kearny Wit the
aforesaid Order No > dated Headquarters 10th Military
Department, Monterey, March first eighteen hundred
and whereby he ordered to march such
part Of said battalion rsused to be mustered nto
to obey said order and did make known his refusal to
Lieutenant Colonel Cooke commanding the district In
which his battalion was serving by written oommuni
"CIuDAp DIX Los ASoELEsl
10th March, ls47.
ledge few moments since the receipt your commun
cation Of the 4th instant and say reply that the
without an indvidu exception to be into the
United states service oonformabe tn Order No OF the
10th Military Department referred to BY you.
The Governor considers 1t unsafe at this time when
rumor Is rife with threatened instruction, to dis
charge the battalion, and will decline doing so and
whilst they remsin in service he regards his quite
sufficient for the protection Of the artillery and
stores at the mission OF San Gsbrisl.
am, with considerations Of respect your obedien,
servant, WIN. II. RUSSELL Secretary Of State.
ITO p. ST. GEo. Cooks, Lieut. Col Cong Mission Sar
Louis Reg"
Fremont, OF the regiment OF Mounted Rinsmsn, u. s
Army after he had been duly informed by his supero,
snerai Kesrny had bssn invested by the President Of
the United States with the command Of the troops In
California BY exhibiting to him. Lieut. Colonel John C.
Fremont the sixteenth Of January eighteen hundred
and forty ut Ciudad de los Angeles the
orders from the War Department dated June eighteen
eighteen hundred and forty six and after he had duly
received the sixteenth Of January eighteen hundred
and forty the aforesaid lawful command Of his
superior officer, Brgader General Kearny on that day
to make no changes In the organization Of his battalion
officers appointed In It, except with the approval Of
said Brgadier General Kearny did, notwithstanding,
dsobey said lawful command Of his superior officer by
accepting, In general order published at Angeles
the thirteenth Of February eighteen hundred and forty
officers OF the California battalion OF volunteers to wit
Captains II L. Ford Samuel Gibson, VIM Findlay, and
Lieutenants w. Baldridge, Rhenshaw, w. Blackburn
Scott, J. r Barton and J. NJ Hudspeth.
Specification TN this, that 5he Lieutenant Colonel
John z. Fremont Of the regiment of Mounted Rifle.
men, Army did fail to obey the order Of Brigsdier
ed to him verbally by said Brgsdier General Kearny,
on the twenty-sixth OF March, eighteen hundred and
forty seven and repeated to him In writing the
twenty eighth Of March, eighteen hundred and forty
seven in words following to wit:
"HEADqUARrHRs, 10TH MIL'RY DEr'r,
Monterey, California, March %. is47.
SIN This will be- handed to you by Col Mason, LIST
Dragons who to the southern district clothed by
with full authority to give such orders and nstru
tions upon all matters both civil and military Ia that
sectien Of country he may deem proper and
ssry Any instructions he may give to you will be
sidered as coming from myself
deem proper to suggest to you that should there
be at the Pueblo any unsettled accounts or demands
against the government incurred by your orders sp
prevail which you may not have already authenticated
aud completed for the action Of the "disbursiug on
cers that you at do may be necessary
you to proceed from here to Washington city, aud
should there be any Of the party which accompanied
you from Missouri stl with you, and under pay from
the Typographical Department. you viii cause them to
to this place, that they may be returned home
and discharged and BIO Of no further expense TO the
once In this country.
81, twelve days after you have embarked the volun'
teers at San Pedro desire to rec you in This place
very respectfully your obedient servant,
IS w KEARNY,
Brig General and Governor Of California
n Regt of