The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-19

Iii sxcn,s me for saving cannot follow any such ad-
Addressed to w. Kssrny, Brig adler. Gsusrai sA'
and signed n stockton, conmandiog U. ioross'
San Diego, and Governor OF the Territory o' JAIL
Gen Kearny In his reply from the same place OF the
date diseiams any idea Of giving sav,cs WHICH
folio wed would endauzer the "saisty oil Inc garrison
and the ships in the harbor."
Is this history of the order you refer to as nsees
sary to complete the m alter! 49,
A. (Aster examining the psper) It's.
Paper read as folows:-
GENERAL ORDERS
The forces composed OF Capt Tsighmans company of
artillery detachment of the LIST r-gt Outrageous, com
psnes and of the California battalion Of mounted
rifsmen and detachment OF sailors and marines from
fgates Congress and and the ship Pors-
mouth viii take up the line of march for the Cuidad ds
By order OF ths Com n sndsr. in. chief, .,,.
(sisnedl J. ZULAN, Bvt. Capt. and A'1''
s.s Disco, peo %, 1916. ruopv
Asst. Adj Gen Army OF the we. w est ~.
1t COL Fremont desired to say to the cou,. c h
Adjournment last evening He others which ne wisn
examine and should psrh nave be- found
material to the issue before the court .v,o,, to
Did you write to 1t Col Fremont previous s 70
his return to Monterey instrnctanS MN W Pr'p"' "
aid In my letter of March %, the order was
Did hi, battalion accordingly appear at Monterey
with Col Fremont at their head and all mounted, ana
all T r. appsarsa With Lieut.. Col their
head, at Monterey on the 10th Of May ls4., after
had been to Los Angelesand ordered LeueCo Fremont
to return to Monterey.
@ Did you leave any men behind in California!
Some of the volunteers wished to be discharged In
California, and directed Lieut. Col. Fremont to dis
charge them accordingly.
Col. BENToN-Tne Typographical party!
JUDGE ADvocATE-Ths question Is meant to DO ap-
Gan K.-Thoss are the men But will explain
When Lieut. Colonel Fremont brought his command,
mounted men, to my quarters asked Of them II any
wished to be discharged in California some did wish
it. and gave directions to Lieut. Col Fremont to DIS
-. uIp nd mia ha ia
charged separated themselves from the main body and
moved to the other side Of the street
assistant behind, and they not still behind
A. Those gentlemen were lett behind In California,
and by my orders end directions. 70, IT,.
mont permission to to Yerba Buena for his geoog
cal and botanical specimens collected In two years ex-
The JUDGE ADVOCATE, in reading the question, pro-
nounced the Mexican term Yerba Burma.
Col BESroN-Boo-ana! Yarbva Booana!
A think Lieut. Col Fremont expressed wish 10 30
to Yerbs Buena which refused to grant him
Lieut. Col Fremont by ordering him to turn over the
In his possession to another officer, and as
Stunning command Of his men
A Any can judge of and aud answer that quas-
ton rs well myself ] required Lieut.. Colonel FIRE.
mont to turn his Instruments to the senior topo
graphical ocsr in California think they received
by Lieut. Haeck Of the engineers for Lieut. Warner OF
the typographical engneers aud also required Lieut.
Col Fremont with his party to remain with me- ard my
orders, the march from California to Missouri
@ How. and in what manner, the arrest Of Lieut..
Colonel
WORTH by sealed letter by order in the presence
of wness or how was he got there to the place where
the arrest made!
OF Lieut. Col Wharton, the commandant at Fort Lea
venwOrth asked him to dsmount and come into the
Office He did Upon his taking seat at my request.
Lieut. Col Wharton being present, gave him copy Of
the first paragraph Of order Of mine dated August 81
ls47 which is in my letter book.
[Ordsr read directing Lieut. Col Fremont to turn
his horses mules and other public property to 1t
Col Whsrton; and having done 80, to consider himself
@ Had not order besn sent to the camp Of Lieut..
Col Fremont, two miles from Fort Lsavenworth!
Tbs JUDGE ADVOCATE considered the question IRE
lsvaut.
Col. BrSros-ws do not so consider IL, sir.
A. An order sent at Fort Leavenworth to Lieut..
Col Fremont's camp Lieut. Col Fremont shortly after
csme to my office know not whether the orderly saw
Characterization suspended for the day and after
the reading over the Testimony to witness the Court ad
journed.
WAsHrNoroS, Nov. IL. Is47.
Met at l0-all present including Lieut. Col Fremont
and counsel and Gen. Ksarny
Gen KrARSy, after the reading Of the record arose
and said wish to make explanation Of my case OF
yesterday. Upon reflection and upon examination,
find that my doubts Of yesterday relating to the two
rsisIsa 10 me y the
papers were sent by me with many others to the War
Department on the 2ls. September. | therefore take
pleasure in stating this fact aud In adding that the
ncate Of Capt Townsend on those papers Is most fully
and perfectly correct
be cleared as some Of its members wished to sugges
certain questions to the witness in explanation OF his
testimony-snd the court cleared
After consultation Of two hours, the door was open
ed, and q recess taken of fifteen minutes
On rs-assembns, the JUDGE ADvocAIE said that the
following que ton had been handed him by President
brooke aud II no member obj scted 1t would be put as
question by the court.
q Was Commodore Stockton regarded by you as Co
yernor of California and Comm snder-in Chief Of the
land aud naval forces the United States the march
from San Diego to Los Angeles at any other time
frat IN
and II So to what extent and under what orders
thorty did recognize him! And under what orders
or authority did Commodore Stockton assume or at
temp to exercise the functions Of Governor and Com
mander in Chief in California; and did the exercise Of
those functions by Commodore Stockton aoy order
to You from him interdict you the of your
military authority over the troops in that department
to the command Of which you had been assigned ESQ
"A member objected-court cleared--consultation
eloseddoor declared the question should
be put. The question Rad through, and them
The first branch of the question to, and II so, to
what extent under what authority did you recognize
A. found Com stockton, on my arrival at San Diego
12tn December, 1886 In command OF the Pacific squad
ron having several ships In the harbor at that place;
had assumed the title Of Governor Of California in the
mouth of August previous; all at San Diego addressed
mined upon the march from that place to Los Angeles
the troops being parsded for 1t the goth OF Deem
were myself Capt. Turner Of dragons, and L. Miner
OF the navy, and Others whose do not recoect
remarked to them "Gentemsn, Gen. Kearpy has kindly
consented to take command Of the troops this
don; you will, therefore, consider him your conf
inander. will go along as Governor and Commander
in chief Ia California" Under Com Stockton's direc-
tons every arrangement for that expedition was made:
had nothing Whatever to do with it; marched from
san Diego to Los Angeles; whilst the march I'D
few days before reaching Los Angeles commission of
two citizens NJ believe, 10 behalf Of Gov Flores
to Com. Stockton, with communicationto him the
Governor or Commander in-chief in California; Com
stockton replied to that commission without consulting
me- on the march, at time considered Commo-
doEe Stockton under my directions, did | at
any time consider myself under his His assimi-
lated rank to officers Of the army at that time and
now H. and will for upwards Of year remeiu, with that
Of a colonel Although did not consider myself at
any time under any circumsa ces under the orders
OF Com Stockton yet so large portion of my CON-
mand composed of sailors and marines, felt IL
my duty all important to consult his Wishes
and as far as could consistently do TO comply with
them.