Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-06
NATIONAL INTELLIGENCER.
COURT MARITAL FOR THE TRIAL OF LIEUT.
COL. JOHN G.. FREMONT.

had by change oil the original order, been trans
ferred from Fort Monroe.
Gen. BROOKE, President of the Court, took the
chair at the appointed hour for organizing the Board
The Judge Advocate, Capt. john f. LEE, of the
Ordnance Department, then proceeded TO read the
order Of the Adjulant General constituting the Court
Of the Officers ordered to form it, the following is
a list:
Brig. General G. M. BROOKE, Col. 5th Infantry
Col. s. CHURCHILL, Inspector General.
COL /. b. CRANE, 4th Artillery.
Brew. Col. MATTHEW M. PAYNE, 4th Artillery.
Brew. Lit. Col. S. II. LONG, Corps Top. Eng.
Lieut.. Col. r. f. DERUssY, Corps Top Eng.
Lieut.. Col. ]. p. TAYLOR, Subsistence Dept.
Brev. 1t. Col. H. X. CRAIG, Ord Department
Major r. L. BAKER, Ordnance Department.
Major ]. d. GRAHAM, Corps Top. Engineers.
Major r. DELAFIELD, Corps Engineers.
Brew M aior G. A. Mccall, Assist Adj't Gen'l.
Major E. W. MORGAN, | lih Infantry
Capt JOHN +. LEE, Ord Department, Judge
Advocate.
OF the above, all except Major Mccall were
found to be present.
The PRESIDENT Gen. BRooKE) thereupon stated
TO the Court that he was Informed, on the part Of
the War Office, that all the members would at
tend so that he should not proceed any further at
present in the organization of the Court, but would
adjourn it until ten o'clock tomorrow morning,
when the members would be sworn in.
The other parties to the trial were also presents
we mean the Accused and the Officer who prefers
the charges against him. Both were attended by
number of witnesses. Those of Col. FREMONT
were as follows:
Mr.. J. G. Davis, of Ohio William Finday, of Missouri
r. A. Moore, of Illinois; Alexis Cooley of Missouri Rich
ard Owen, of Ohio Josiah Ferguson, of Missouri W. b.
Brown, of Kentucky T. E. Breckenridge, of Missouri
r. T. Jacobs of Louisville. Kentucky Col. w. H. Rus
sell, of Missouri W. n. Loker, of Washington j. Lieut.
George Minor U. s. Navy Passed Mdshipman Edward
Beale, u s. Navy Eugene Russell, of Missouri; G. w.
Handy, Master of Merchantmen.
In addition these find that the defence expects also
the attendance witnesses, of Commodore Robert Stock
ton of Lieut. Gillespie, Of the u s. Marines of j. w.
Whitton of Missouri; of Marion Wise, of Missouri of l..
D. Vincenhaer, of Ohio and of James Barrett of Missouri
OF the witnesses for the United States, did not obtain
any certain list We only mention present the fol-
lowing Brig Gen. Kearny Capt Turner, Of the ls regi
of Dragons Major Swords, of the Quartermasters
Department the Hon. w. p Hall, of Missouri and Ed
win Bryant Esq, formerly editor OF the Lexington Ky
Reporter.
SECOND DAY-WEDSEsDAY, NOVEMBER 3.
The Court met according to adjournment mem
bers present on Tuesday: but, it being now ascer-
tanned that the continued absence of Major McCALL
1.-THE officer for whose attendance the Court on Tues
day suspended its proceedings is caused by sick
ness, the President, Gen. BROOKE, held it good to
apply to the Department to detail another officer to
supply the place Of the absentee, and thereupon
suspended the sitting for that purpose.
At near midday, in compliance with this appli-
cation, Col. Hunt, Of the Quartermaster's Depart
ment, appeared the substitute for Maj. MCCALL.
The Court was then organized with the usual
military formalities. These consist, for the Mem.
bers, of the Judicial oath prescribed by the Army
Regulations and, for the Judge Advocate, of more
limited one: the former pledging the Members to
Judge the accused impartially, according 10 the
Rules and Articles of War; according to their con-
science where these silent, and not to divulge
their sentence until permitted by an order from
the Commander-in-Ch the latter obliging him
self only or he does not vote, and only acts as at
torney for the Government and recording officer fol
the Court to observe the same secrecy as to the
proceedings, votes, and sentence.
The accused was now called on to object, as OF
right he might, to any member Of the Courts but
sgnified that he had no such objection to make.
The Judge Advocate Capt. J. F. Leg then pro-
ceeded TO read the charges preferred against Col
Fremont. These are under three main heads
of mutny, disobedience of the orders of his imme
date commander, and conduct tending TO induce
like disobedence on the part of others. The
charges are subsantiated by specifications of fact
involving, as to particular acts, mutiny in their Sc
yerest aspect, and the inferior offences in their
mildest light.
The conduct alleged is made out against the ac-
cused by a series of documentary proofs, showing
that Lieut.. Col. FREMONT, when duly informed OF
the commission from the Government as command
er-in-chef with which Gen. KEARNY arrived in
California, refused, by written replies, to obey his
military orders, and persisted TO act military and
civil governor Of the conquered territory alleging,
as the grounds of this REFUSAL his previous APP
pointment governor and commander by Com
modore STOCKTON, and the fact that the authority
conferred on Gen. KEARNY had become obsolete
by the force of events not looked to by the Gov
ernment to happen until after the arrival of Gen.
KEARNY in the territory. The chief of these
events was the accomplishment of the conquest of
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