The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-13


authorization, to inquire into their origin auhen.
tication.
Nor If the Court had now the power to go behind the
due official reception Of the charges here could 1t
the power entertain the question whether the
authority of the War Departments the authority of the
President.
Nor, furtt er, Is It to be considered by this Court
whether the usual style, In documents and acts
ing from the Depart nent OF War be correct in the
Of the words "War Department. instead Of the official
designation of the Secretary Of War. Though
the law organizing IAN Executive Department, to
tho principal officers therein to be called the
Secretary for the Department OF War who shall perform
and execute such uties shall from tms to lime
joined entrusted to him by the President of the
United States &c this Court could MT undertake to
decide whether the common designation War Depart
ment" and Secretary of War" are sufficient de,gna
tions may be used for the other in official acts
The Judge Advocate may make any CORE ion in the
copy Of the charges furnished TO the accused which
may be needed to make them conform to the COPY on
the record of the Court.
Lieut. Col FRrMoNr then presented the following: -
Ma. PRESIDE Sr:-Lieut Col Fremont offers to the
court evideI to be used In this the certified
copy of the despatch herewith presented being an off,
ca instruction from the President Of the United States
dated June IA, ls47, to the naval commander on the
coast Of California and In the Pacific ocean Lieut.
Golf deems this paper material to him. being In au
thentc declaration from the President that the
Of California was exclusively devoyed upon the navy at
the commencement of the and tina, the con quest
brought with 1t the necessity OF civil government and
July ls46 that such government should be establish
I'd under his protection. And such government hay
ing been actually established by Commodore Stockton,
successor to Commodore Sloat in the month Of August
OF that year. this instruction Of the President becomes
ratification Of what he dd being In exact conformity
to the Presidents Intentions well In exact con-
formity to the laws of nations
He also offers this paper for the purpose Of showing
the Presidents intention that the naval commander on
the California station should be informed Of General
Kearny's instructions before he himself arrived there
and that contrary to all expectation, this dispatch
did not reach California until alter the arrival there Of
General Kearny.u
1t also offered for the purpose Of showing the stress
laid by the President the of the btn Of
November ls46, being the first explicit instructions to
the naval commanders =" to relinquish - TO General
Kearpy Colonel Mason the entire control over the
military operations and the Administrative functions
Of government and to turn over TO him ell papers
necessary to the performance Of his duties and that
II believed that this explicit despatch Of the 9th
Of November, 1885, might anticipate the arrival In
California Of Gen Kearney" which 1t is 10 proof that
IL did mott and in fact all the difficulties had ocou red
between Commodore Stockton aud Gen Kearney before
this despatch arrived.
lie also ofersit for tho purpose OF showing that SINH
lar Instructions (s stat st page OF the paper cered
were dispatched co Com stockton the 4th day OF
Jsnusy is47w bch happened TO b. the very day thst