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

clause, You UiH establish temporary cUH government,
&C., clearly mikes this establishment OF government contin
gent upon the conquest upon the want of
which would hen exist Upon the ORDER them in ITSELF
from its words eason and obecits manifest that General
kearny had warrant for proceeding California and
claiming the government In fact his turning back part of
his troops and proceeding with personal guard deca
ration his p that he considered his orders superseded by
events unknown the War Department the time they
given, and bnger obligatory upon him. In no other way
can he justify lis march with escort only, when he had
been ordered to lake a army.
The march with the escort was without warrant it seems
to and the Of the which induced General
kearny turn back part of his troops meeting Governor
Stockons express should have induced him back the
whole hurry the express to Washington, and turn his
steps the direction that COL Donphan took AFTER If
he had done his whole conduct would have rested
and the rsonthat of orders superseded by
At present il upon different reasonsurnng back his
troops on namely that the country conquered pro-
ceedng with escort another namely that he wishedo be
Governor of California in case not contemplated by hi
orders.
The various and important orders and instructions from
the Secretaries of the Navy (Mess Bancroft and Mason
Commodore Sloat and his in California (Com.
Stockton read in evidence yesterday by the prosecution all
show that this trial is question between General Keamy
and Commodore Stockton, Governor of California and
gives to all the tights of defence which would belong to
Governor Stockton himself regularly trial. This view of
the presented by my counsel the War Department
on the 25h umo and copies asked of all papers, orders,
and instructions in the Navy Department to the Naval Com
modoes on the California station relating TO the conquest and
from the War Department to General Kearny These copies
have been furnished and will be used the proper time
for the defence They also have been furnished
the prosecutions and my opinion very propey and three
of these naval orders and instructions given evidence
Every properly think yesterday This introduction by the
of these naval orders and instructions confirms the
view which my counsel had taken Of my Defence and gives
right in their opinion present it, and in the exercise
that right ask every question which Commodore Stockton
would ask if he trial before Naval Court With
this view it has been already shown that General Kearny
turned back Governor Stockons express make guide Of
him to California and wish to show that, far from
queng California, and thereby acquiring right establish
government in il, that all this done before General
Keany left Santa Fe and that he could have gotten to
San Diego without the aid of Governor Stockton, from
San Diego to Los Angeles. ]. G. FREMONT,
Lieut.. Col Mounted Rifemen
| The reading of the paper having been concluded
Gen Keany through the Judge Advocate, presented
quest to be allowed say word to the Court about that
thing"
Whereupon the cleared After very long
time the doors opened.
The Judge Advocate then announced that the Court after
debeaon had decided that the question proposed by
the accused touching Gen K shaving witnessed the capture
of of his and having made no effort to prevent m
should not be put that the paper read bylhe accused should
be received and placed upon the record and that the Court
would hear what Gen. Kearny had to say to them.
The witness thereupon proceeded.
would the Court that the accused by advice Of
his COUNSEL has in that paper presented the Court charged
me with going to California :
perceive that the Judge Advocate shakes his head if he
objects my proceeding shall go perceive that
he thinks there is in my proceeding If he has
any legal objection to it. although the Court has given its per-
MISSION will waive it. have no wish to embarrass the
Court or the Judge Advocate
The President of the Court here inquired Of the Judge Ad
yocate whether he had any legal objection.
| The Judge Advocate replied in the negative.
1 Member of the Court. Has any objection been made ?
| Judge Advocate. No.
Col Fremont here put in paper stating that he had
objection to the witness making any statement, and would not
claim any right Of reply
/ The witness then proceeded.
Hehas stated that my march California with
without warrant it seemed to him. He has reflected
my motives He says my going there different
sons las taken from his paper) that wished
be Governor Of California, which contemplated -
my orders.
In reply have say that went California in com
pance with instructions from the War Department
June and June Is 1916, in which told that it is The
cherished wish Of the Executive that should go there
likewise from letter from my friend COL Benton, telling
be the civil and military governor Of the territory
| The examination here resumed.
Question Did your Assistant Adutant General make |,
Ol
January to Governor Stockton
Insurer. Not by my knowledge consent but he did
communicate Commodore Stockton with list Of the killed
and wounded in those actions.
Question Is this paper addressed to His Excelency
F. Stockton Governor Of California" &C., copy Of that
list Of killed and wounded
IA paper here shown to the witness
Ansleer think probable that il is. have before
this paper At Los Angeles, Lieut. Emory acting As
sisiant Adutant General my command, told that Com
Stockton wanted list Of the killed and wounded in the
tons Of the Sth and 9th of January, and directed him
furnish it. He copy which thought was among
my papers here, but which do not find
The paper here read follows:
"CIuDAD Los ANGELES,
"January IL, ls47.l
"SiR have the honor to furnish statement Of the
killed and wounded in of the sth and 9th instant
and also report from the senior Surgeon present. John s.
Griffin, viz:
"JASrARr -Kiled-Arllery, private "a 7. $.
man.. Misunderstanding private, (volunteer from the
California battalion y foot prvaes, a. s. seamen !;
rines, private. Total killed, wounded
"JASUARr 9.-Womded-lst Dragons, private foot,
officer Lieut.. Rowan, U. s. navy y privaes GU. s.
seamen) California battalion officer, Capt. GiIlespe)
"I am sir very respectfully, your obedient servant,
"W. H. EMORY,
fLieut. Top. Engineers, and Acting Adj. General.
!" His Excelency II. +. STOCKTON,
"CoyernoI Of California, &c, &c. &c"