The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-09

March eighteen hundred and forty received fcom
8 Turner, The following order, in terms, to wit:
ORDERS HEADRuNhrERs, 10TH Mn, DEPARTMENT,
VI. with view to regular payment il is necessary
that the battalion Of California volunteers, under
stationed at Ciudad dc los Angeles, II not originally
mustered under the law Of May l3th and the supple
into service under those laws This muster win be made
at once by Lieut.. Col Fremont. Should any Of
that battalion Dc unwilling to continue In service under
Col Fremont to Yerba Busna, via Monterey, and be
all. Lieut. Col r. st. G. Cooke now in the COM
msnd Of the Mormon battalion is entrusted with the
supervision Of the Southern Military District for the
protection and defence which he will make the neces-
sary provision posting his command Ito consist Of
pany c. first Dragons, the Norman battalion, and the
California vounteers) at such places as he may deem
"By order Of Brig Gen. s. W. Ke.rny
c... H. s. TURNER,
Did, at Cudad de los Angeles on the ateenth day of
March eighteen hundred and fortyssv issue orders
wit -
"CIuDAD DE Los AserLrs, N rch Is, ls47
duties nsosssary that hS VISIT IN Em psr
the Northern district OF the terrific where shall
the better possess you Of my views In ny and
to render your authority in the msanti b undout ted
have considered 1t proper to issue th following
LIST. You will continue with the ent 70 battalion at
San Gabriel observing order vigilance Ind exercising
a. much discipline as In your discretion be prudent
ly enforced.
I'd. You will make no move whatev from San Ga.
from me
IS You will take the best possible Q, q of tho public
arms ana munitions belonging to the command, and
turn them over to no corps without my special order
18th The general police of the garrison and strict
ant ad Interim constantly engage your best efforts
very respectfully,
81. C. FREMONT
Lieut.. Col. U. s. Army, and Commander Of
- California Battalion.
Acting Commandant of California Battalion"
Thereby himself. resisting the authority and dsobey
Ing the order, of Brigader Cen Kearny as to
him In the aforesaid Order No Of the 10th Military
Department by continuing In service the entire Calf
ing the battalion to remain at San Gabriel CONTRARY to
the said orders from Brgader Gen. Kearny to march
them to Yerbs Busns Thereby further incting and
TALON which he had placed under said Owens command
to di.obey the order and resist the authority Of any
surrender the arms and munitions Of the battalion In
obedience to which order from Lieut. Col j. Fremont
March, ls47 refuse to submit to the authority Of Lieut.
Col r. St G. Cooke appointed In the aforesaid depart
ment orders BY Brigadier Gen Kearny to command the
district In which his battalion stationed did refuse
to surrender to said Lieut. Col Cooke permit said
Lieut. Cooke to take possession two howtzsrs brought
y the LIST dragons from Fort Lssvenworh and then at
Ban Gabrie which said mutpy and resistance of lawful
authority by said Capt Owens by the Indictment
mont. notwi,hstsna;n h H.. Leu'' To.' ". Ere
mad omcsily informed Capt Turner at Pueblo de los
.nJ syarut ~ 80 " rot', tse no Wouio oooy
to Wit: 10Th Miiitsrx nsnstnnt nda M %ty
March l. Isa7 'P@' o'u'' wv - "~''0
Sn.c;Sca,;or +, th;. H.. h r,. 70, 1h n
Fremont of the regiment Of mounted riasmsn tIntsd
States army being In command Of battalion Of volun
vcs HAVING on ths iIth A. ~ -. NJ oh az S'~s ,a
tho awful Order OF hi; snor " C
raj Kexrnv to Wit the aSorsss,d ODD. Ne dstsd
H.adousrtsrs 10Th M;,,t.r. Dsrsrtnant Eontarsw
March l. Is47 whereby he was ordered to march such
Yerba Buena there to be discharged did refuse
obey said order and ala make Known his refusal to
Lieut. Col. Cooke commanding the district in which his
battalion was serving by written communication, in
Terms, TO wit
mai, CIUDAp DE Los ANGELES, March 10, lss1.
ml am airscssd by GOV Fremont to acknow Wedge
moM emu SINCE tne receipt OF your communication
OF ana reply TO say that the
90 sa,ns 'ne OsIorns battalion, decline without
o.. .Aavoua exception 70 De mustered into the United
MjIitorv Dsn.,tmaWt -.rrS ~ ;. C h ~" u '' ''
"The Governor oonsdsrs n nnssfs at this TINA her
runner Ia rife with thrsstsnsd ;nsnrTsction In dis
charge the hstt.i,or All lii %a.Sns do;o "
whst tha sr"; ~ snI wiz ueOh a S4 III; so' sna,
sufciept Tor The proecton NJ tho rsrv and
stores of the Mission at San Gabriel.
III am with considerations Of resn.ct vour obedsnt
1uu TT prrssrYr o..rc..
Lieut. Col Comde. Mission San Lous Reun
r..-.,- air. 80 -" 80
ss; sssumng 70 oe ana act as Governor Of Ca
~ ro.Sns IN servcs An aimeo orce contrary 10
sne or1er o ms supe,ot omcer brigader Gen kearny,
anu reiasing 70 marcn mem according 70 MS orders
propagation y-In this tnst ne, Lieutenant Colonel
John @ Fremont, OF the Regiment Of Mounted Rife
men uoted states Army being In command OF battsl
Ion OF vountees organized In CALIFORNIA; for the United
states service and under the lawful command Of Brgs
der General kearny and, having received, on the
18th OF March, ls47 Mt Ciudad de los Angeles set ont
In the seventh specification to this charge due and off,
cial notincaton from Brigadier General .eArny and
Commodore Shubrck that the President Of the United
states had invested General Kearny with the military
command In California, and with the administrative
functions Of over the people and territory
occupied by the forces OF the United States did,
theless at Cudad de los Angeles, the 2lst day Of
March lS47 issue the following order to the Collector
the Port Of San Pedro, in terms, to Wit
"C,upAp DE Los ANGELES, March a. ls47
"sir: You are hereby ordered and permitted in the
case Of F. Huttma an TO receive Government payment in
payment Of his cu.to hou 20 dues VERY respectfllv
J. C. FREMONT Governor Of California
By VIM H. RUSSELL Secretary OF state
"To Dawn W. ALyI.ypyR