Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-01-01

assert, principle of the law Of nations war; that
conqueror may establish temporary civil government in
conquered territory, and to inform Congress that such power
had been exercised by our naval and military commanders
he extract from the report Of the Secretary Of the Navy
states in closing narrative Of in California the in
tenton of Commodore Stockton, he Informs the Depart
en leave the military government of the territory in the
hands of Lieut.. Col Fremont
he report of the Secretary Of War relates the conquest
of California according TO such unofficial information had
been received at the Department prior December 1916
and concludes this narration by reporting that Commodore
Stockton had taken possession of the country United
States, August, 1885, and had appointed Col Fremont
governor, under the law of nations.
The Court has examined the entire documents submitted
to it. and finds nothing in them applicable the on
trial.
II cannot be question here whether by the law Of ma
TONS conquero may establish military temporary civil
government in conquered country is il question here
whether Commodore Stockton, supposed by the Secre
tary of War, had conquered California and had appointed
Col Fremont governor he would have acted according the
law OF nations.
g Lieut. Col Fremont is charged on this trial with resist
ing the lawful authority of Gen. Kearny sent to California
by order of the President of the United States with
tons and authority to exercise the chief command, military
and civil Neither this alleged resistance to Gen. Keany by
Lieut. COL Fremont nor the appointment of Lieut. Colonel
Fremont governor by Com. Stockton in January, lsd7,
when Gen. Kearny there present. claiming the chief
command under special orders Of the President could be
tempated in the Presidents Of December si6
by the reports from the War and Navy Departments Of the
date.
.sThe Court cannot receive these documents as evidence
prove in any way tending to prove, the Presidents APP
probation of the position acts OF Lieut. Col Fremont in
the matter under trial,
''The Court places the documents its record for the
consideration OF the reviewing authority"
"Leu Col. Fremont offers letter from Com. Stockton,
commander of the California battalion stating that the pur
only spare twenty thousand dollars, which CON-
Stockton hopes will answer Lieut. Col Fremons purposes,
evidence going show that the California battalion
paid out of naval funds
The Court receive the letter competent evil
dence to that The best evidence required in
The appropriation laws, the proper officers of the
War, Navy, Treasury Departments furnish the best
evidence to show tho fund appropriation to which payments
have actually legally been charged.
The Court does not Undertake TO decide the effect
and bearing of this point in the case but the adnssbiy of
this evidence to the point"
'sLeu COL Fremont offers despatch of Com. Stockton
the Navy Department. dated January I'D, s47 received
at the Department in April ls47 to show that the Govern
ment officially informed, stated in that despatch, that
the civil government of the territory of California was in sue
cessul operation, and Lieut. COL Fremont was acting as
governor.
Lieut. Col Fremont offers this report connection with
the fact that instructions from the Government to Gen. kear-
N.Y. dated June H. s47 issued after the receipt of this de-
spah, express objection to Lieut. COL FIemonts appoint
ment by Com Stockton, evidence to prove the
Presidents appreciation of Lieut. Col Fremons appointment
sThe Court repeat here, application this special point
opinion heenbefore generally and applied,
that reports ofocers the Department offered show
ton Of the Government the distinct approvao the Government
must likewise be shown and the report to the Depart
ment standing by ITSELF evidence 10 the sanction
of the Government the especially prove such
and against orders oil the Gov-
eminent.
ssThe Court therefore, decide that the report Of Com.
Stockton admissible in evidence offered to prove the
Presidents approval of Lieut. Col Fremons holding the
Office of governor of California, in resistance Of Gen Rear
n.y. charged in this prosecution, and Is further nadmssbe
in evidence going any other point in this case
ssThe Court find other matter in this report Of Com Stock
ton making it improper go the record Of this Court
Whether battle Of San Pascual victory defeat OF
the United States troops matter not put IN issue on this
trial Ii il were Com Stocktons opinions Of battle where
he present evidences and the Court cannot re-
cee attacks the professional conduct and character OF Of
cers trial here and in regard to matters not in issue
here and especially by statements which would not be evil
dence if the subject properly before the Court"
Lieut. Col Fremont offers the Presidents instructions to
Gen. kearny issued at Washington June II, 1871 (when,
appears evidence this trial. Gen Keany leaving
California his the United States, show
"lst That the expression in these dispatches definite
applied to the instructions of November, 1885, makes an
inference that the previous instructions indefinite
3D. That, in the despatch il is stated that Eieut Col
Fremont had the option TO return remain in California,
Gen. KeaENys previous orders him Cor orders given when
Gen. kearny had not received the despatch in queon) in
refusing him permission Join his regiment in Mexico and
in refusing him permission to return to the United States with
his exploring party, violations OF his Licu COL Free
mont's) rights
" The Court decides that this despatch not admissible
evidence going TO either point and that the latter point
II Is not matter before the Court As 10 the former, the in
ructons issued and in force before November 1885, could
not be rendered indefinite imperative be any way
Affected for the time when they actually in force, by
such subsequent reference them by the Department.
if such had been intended could be inferred from the
despatch Of June, ls47.
And the Court decided that the despatch OF Com Shu
brick to the Navy Department is not evidence And the
Court finds in said despatch nothing relevant this
5ut the Court submits the DESPATCH with the arguments of
Lieut. Col Fremont for the consideration Of the reviewing
authority" |
Lieut. Col Fremont then read the Court the following
paper, preliminary to the defence
Mr. PRESIDENT: Before entering upon his Defence Lieut..
Col Fremont proposes bring 10 the notice Of the Court
and to have placed upon its minutes instances Of what
he i instructed say, irregularities proceeding in the
prelmnaes of this trial. and before the assembling Of this
Court and which he desires to point ou with any
view 10 obtain any action Of this Court upon hem
ceye any benefit from their correction but solely 10 expose
them Irregularities, that they may be quoted prece
dents hereafter
The first Of these suggested irregularities which he pro-
poses to notice is the omission have instituted lin this case
court Of inquiry previously to ordering general court
martial
The article in the American rules and articles Of
the subject Of courts Of inquiry accordan with those in the
British rules and articles Of the subject and the
reason and policy Of such being the both
vices is assumed that the of the articles and
the practice under them in British MARTIAL is proper
guide to what the construction and practice should be in the
American service The practice and construction in the Brit
ish service would make investigation by court Of inquiry