The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-12

carous trial Its not a In which the law admits OF
substitute s ,. But he dd not ask IT. On the con
asking trial on all other points except in the
impersonaton of Commodore Stockton Il will be
seen ihat ne was denied a trial on every point on
which he asked IT, and tried the precise point against
which he protested These the extracts to the War
Office:
| ''WAsHNeroS Cry, October %, isT
TO the Adutant Gsnerai:
SR As counsel for Lieut. Colonel Fremont in the trial
now impending against him the instance OF Brigsder
'ene,ai keamy, we have had other things under
consideration your September and October 49,
answer Lieut. Colonel Fremont's applications in his
etter TO OF the 7h ulmo. In considering The Iea
Tor refusing charges the newspaper pub
locations referred to, 10 thai they anonymous,
aud that was mol the practice OF The service to ragn
officer upon charges based upon anonymous newspaper
publications. without objectng the proPney OF this
usage, general rule have TO that in his case,
mon mous the of officers of the army having
been filed the War Office in the month of July last by
Senator Benton as the supposed writers, one OF whom
Captain Emory, of the typographical engineerso was
present in the city, the other Captain Smith, of the
Captain Smith has since been Withdrawn by Senator
aahoh an Sat hoa of Mor So George Cooke
he second DRAGONS, substituted the believed author
| who is in the United States and is a witness
| summoned the part OF the prosecution. The names
OF these officers being given TO the department as the
conoie,ed nd az CONNIE
within the rule OF the War Department Others ofthe pub
ofciay and knowledge OF the contents OF unpublished
dispatches, and evidently coming om persons in about
departments ana therefore claiming the public
mind very much above the character OF anonymous publ
cations Besides the rule was probably adopted Tor the
benefit of officers, and prevent them from being baassed
with oniounded accusations II So the benefit of the rule
been renounced and waived by Lieut. Col Femon in
the fact of his asking trial on the said publications Tn,
matter OF these publications further reason for having
trial upon them for they all relate TO the charges which
MIND against him We that the 1 pabsa
with communicated, Appendix and b. be delivered
the Judge Advocate, to frame charges and specifications
and give the of Capt. Emory Major ST. George
Cooke, Francis J. Grund, and Samuel Hagh editor Of the
made for the want of prosecutor this pas of the
charges we answer that we apPrehend The rule which
and to prevent him from being irresponsiby harassed ;
this benefit is waived and renounced in the and
finally, that the department may order any officer to prose-
''The undersigned also claim for Lieut. Col Fremont
trial for wing commenced hostilities against the Mex
authorities in California with ut Instructions from his
and before he bad heard OF the
war, and OF all his conduct during the and
cay ali that relates TO the raising and marching the
California battalion, the pardon of Don Jesus Pco and the
convention capituaiion granted 10 the nsurgent Cali
rornians under Don Andres Pico. They claim trial on
these points, due both to Lieut. Col Fremont and the
government AS military subordinate, he make
report and has made none and says that he has not beer
required by any authority to make one At the tine
hostilities actually commenced under ciTcums If
unexplained, TO bring great censure on Lieut. Col Ere
mont and also to give color to the charge of the Mexican
that he was sent TO California, under the
Of scientific expedition 10 excite an insurrecon against
the Mexican government while the Two governments were
state of peace The witnesses already summoned wn
De sufficient TO clear up these oran points, and also 10
depose all the facts in relation to the raising and march
ing the California battalion, under the orders Commodo
stockton, the pardon of Don Jesus Pco, and the capua
lion granted to the forces under Don Andres Pico-event
themselves OF decided effect in the Californian wa,
which report has been made for which Lieut.. Coz
Fremont has been greatly blamed and which the ruth OF
history, well the honor OF his character, and e
character OF the government, require to be correctly kno
"ln looking the charges and specifications, it is
hat the imputed OF nutlny and dsobedience ard
sordery conduct refer TO period OF time when Com mo
lore Stockton and Gen Kearny contendng for the
M nd WIN, sinu
Of that contention attempted TO be devolved upon 1T.
Col Fremont, as commander ihe California battalion, by
General KeaIn ny giving him orders contradiction of those
OF Commodore Stockton which decision Lit Col Fremont
declined TO make and determined 70 remain as he and the
On, until his two superiors decided their
feel be their duty PROTEST, and do hereby PROTEST
against now trying that question IN the person OF Lieut.
der. and conduct peGdca 10 good ordecharyes go
ing his life and characer-ior not obey ing the orders
10 Lieut. Col Fremont ali the benefits 70 be de-
lived from it, they deem their duty prepare trial
fact the Trial of Commodore stockton Of the navy in the
of Lieutenant Colonel Fremont, OF the arny,)
the defeuces Which Commodore stockton could him
self demand personally on trial before naval court
conviction that they cannot do justice to Commodore
stockton, TO whom happily, decision agains, him will
cison OF naval coart-maa while. unhappiy, It win be
fatal to COL Fremon) they ask to be furnished early
Soa (wi,h whom Lieut. Col Fremont first served y also
Commodore Stockton and Commodore Shubrck and
any other naval officers charging them with military
civil powers California also with copies of all their re-
ports in which Lieut. Col Fremont the California bat
talon mentioned, referred to Also copies ali
communications from thcm either of them, which show
the and extent of which they said naval
commanders, actually exercised in California aso, copies
the joint proclamation OF Commodore Shubrck and Gen.
eral kearny in settling the boundaries of in Caor
MA between Themselves; also, copy of Gen. Keany's
proclamation at the same time aso copy of the orders
the orders. if any proceed from California to Mexico;
md copy OF the ORDERS If any, which related Lieut..
Col Fremonts movements in or from California.
the undersigned urtt looking the charges and
the specifications, as to give the prosecution
three chances against Lieut.. Col Fremont same
point The first charge is 'MUuNY'-lhc punishment for
which may be death, and the conviction for which IL al
tie iavfa commands of his super Ofcer-the punishment
foo which may he trivial and the conviction "A title to
honor and preierment The third charge is for Condu
The prejudice Of good order and military discipline
form, OF etiquette, or punculio Between the degree
of enorlny OF these three charges difference is i'm
and immeasurable; and, although in criminal
prosecutions common law a may be indicted for
murder and granddaughter the act, yet
martial, which concern the honor well as the lives of
officers, and where proceedings should be direct and sim
pie, and to convictions tue merits instead of techn
calites and punclio charge should have
charged inferior charge should be predcated the
same act But in this the proceeding further than
at common law 1t to three different charges, of three
degrees OF enormity for the acthe first charge
highest the last the lowest in the military code while an
indictment for murder and mansaughter goes down
70 conviction for mere petty nsut The undersigned
have deemed 1t their duty to notice. and at this time this
threeold prosecution the set Of but they
instructed by Lieut. Col Fremont upon the
whoe-o make objection enythng--but TO insist 10
the last upon full triaa trial upon all the points of