Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-13

rounded by much larger body Of Caiornans than our own
numbers whether could have cut our way through them
OF not cannot tell but had doubt but we could have
done so.
Question. Did you take post on hill of rocks
isoer The battle OF San Pascua fought the 9th
Of Defenders proceeded on the 9TH march toward
San Diego the enemy in sight and around u.s. When near
San Bernardo the enemy endeavored get of
hill covered with rocks marched toward it to prevent
them we drove them from it and occupied it,
Question. How long did you remain on that hill ?
AnsWer On the morning OF the Sh, when we were nearly
ready move the mules having been placed in front Of the
rough ambuances which to carry our wounded
the doctor reported to me that proceeding that time and
that way would endanger the lives of some of the wounded
and accordingly gave directions that we should remain there
On the 10th of December the doctor and to others
that would leave next morning. which we accordingly dds
Lieut. Gray Of the navy, with gaan, command of sailors
and marnes having into camp the night previous
(vz the night of the l0th) When left ON the morning
of the lh the enemy no longer sight and presume
they left there in consequence OF the arrival of Lieut. Gray
and his command.
Question Was there wood, grass or water on that hill
AnS,ce. There was, believe, some little brushwood ;
there little grass and got plenty of water by
digging for it at the foot of the hill
Question Did you turn loose your mules from the HILL or
part of them And if SO, how many
Ans,oer There were several mules lost from us while
that hill kntw not how many. Capt Turner, Of
the Dragons, then command Of them Thinking his
dragons much efficient on foot than mounted on those
tired and broken-down animals which they had ridden fiom
Santa Fe therefore cared about being ncumbered with
them.
Question Had the mules and horses sufficient grass on the
hill
ns,cer. do not believe they had sufficient grass they
Question. Was there creek in view with grass and wood
upon it
A,as,ce- There was.
Question. Why did you not go to it
Ansusr From the few had, and the much greater
number of the enemy would have been for
Let me understand the question Does il mean why
did 60 there wood and grass and water why
did go there encamp If it why did go
there get wood and grass and water, will it: if it
means why did we not there to encamp will answer it,
By of the accused, the question altered
read, "Why did you go it to obtain wood and
ter and grass :"
The witness here resumed where he had broken of.
would have been necessary for US, going for grass and
water have taken wounded with US, it would
not have answered for to divide small force.
Question. Was it a better place to encamp
AnsWr Most PROFESSIONALLY not, for my command.
Answr They hill not far from me and were,
portion of Them believe, the creek distance above
our camp
Question. Did you see Cooley and his companions
ken prisoners and did you make any efforts relieve them
| Here proposed by member that the courtroom
should be cleared
COL Fremont thereupon asked leave if objection should be
made by the Court to the question put he might have liberty
to reply
And then the courtroom cleared.
After an interval, the doors being again opened
The Judge Advocate stated the decision of the Court
objection made TO the question put that Lieut. Col Free
be permitted explain but the explanation must be in
writing.
The accused thereupon asked to prepare his reply
which granted.
The record of the testimony Of Gen. Kearny given this day
read him by the Judge Advocate, and admitted be
| correct.
And then the Court adjourned until tomorrow o'clock.
TUESDAY, NOVEMBER 9-SEvESTH DAY.
The Court met at the usual hour-all the men,
bers present.
Lieut.. COL FREMONT the party accused, read the follow
ing of bis the nteogatory put by him
the witness under examination, Gen. Kearny, ought be
received by the Court and put to the witness:
Mr. PRESIDENT The object Of the question objected to,
WHICH go 10 the POM, W SHOW
General Keany could have got to San Diego without aid
from Commodore Stockton, then Governor OF California and
thereby make il that he had into California
according the order from the War Department. conquer
and take possession Of il.
The orders of June g. 1916, say, 1t has been decided by
the President to be Of the greatest importance in the pending
war with Mexico to take the earliest possession OF Upper Cali
fornia An expedition with that hereby ordered, and
you designated command it. To enable you to be in
sufficient force to conduct it successfully, this additional
force Of thousand has been provided to follow you
the direction of Santa Fe be under your ORDERS the
officer you may leave in command in Santa Fe"
Should you conquer and take possession Of New Mexico
and Upper California considerable places in either, you
will establish temporary civil governments therein, &C.
From these orders il clear that General KearDy in
tended to with body of troops adequate to the conquest
OF an unconquered and far distant province, and not TO
with body guard of hundred men to take possession OF
conquered country The right establish civil in
California contingent upon the fact othe conquest Should
conquest be made and aken then he was TO
establish civil government Now, If there conquest
to he made-f that work had already been done, and civil
government already esabshedhe contemplated by the
orders could not exist and thus, the orders having nothing
to operate upon null The words conquer and take
possession can only apply enemys country the auho-
nty to establish civil government could only apply where
there was II, than this il so happened that
General keany took the express of Governor Stockton to
make guide OF him the conquered country and could not
have got there with his without the aid OF Governor
Stockton, 1t becomes garng OF orders superseded by
events, and no longer in force.
The first part Of this has already been made out.
When General kearny at the outset Of his march, met the