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

tween the naval and military commanders.
at the bottom Of page i, that the misspprshensions
between the naval and military officers must have oeen
removed by the very explicit instructions which nave
since been received In that country" from the Depart
msnt Of War and Navy thereby admitting that the ex
pict orders had arrived after the evils had happened
which they were intended to prevent.
He also offers 1t for the purpose Of showing that the
instructions to General Kearny of the Sd and 18TH
Of Caiifornis confotsd with those Of July IL, 1916
lunless intended rs contingent and subordinate)
dirsotiog civil government, to be formed under
be held conquest by the naval forces at the conclu
sion OF peace with Mexico; which orders being posterior
in date to those of General Kearny superseded and
nulled them until the subsequent orders of Nov s. lsa6
CALLED the defute instructions In the despatch OF
difficulties had occurred.
As Lieut. Col Fremont considered this trial of him
self to be that Of Commodore Stockton in his person.
and that the decision Of It must involve examination
of all the powers and given to naval officers
government Of California, he, (Leut. Col Frrmont,)
while protesting against such trial, claimed the use
the case ' AZ fuv as If he was actually Commodore
stockton trial before q naval court martial. The
President orders to have them furnished according
ly; and among the papers furnished the despatch
now offered dated above stated and signed by the
Hon MIR Mason, Secretary of the Navy
he therefore asks that It be received a. evidence and
entered on the minutes of the Court
SrR:-By the arrival OF Passed Midshipmsn Bsale,
dispatches have received from Commodore Stock
ton, bearing date February 8, ls47 and, BY the ar
received from Commodore shubrick bearing date Feb
H. lsa7 Mr. Beale reported at the Department ON the
These dispatches have all been submitted to the
President and am instructed by him to express tho
great with which ne has heard OF the con
1t Of military authority and his confident ex-
pection that will now be msintsnd without serious
disturbance from any source whatever
The missppr nsion between the comm anding off,
of the army and navy in California which Is men
ferred to- must long since been removed by the
very explicit instructions which have since been re-
ceived in that country from this Department and the
At the commencement of the war with Mexico
the United States had no military force in Cali
quest Of that country was from necessity, there
tore devolyed exclusively upon the navy.
porsry civil sovernment and on the Iath of July 1916
Commodore Soat informed that such govern
ment should be established under your lhis) proteo'
tionn There still military officer In California
but Commodore Slost advised by the same commu-
ncation of July 18th, that Brigadier Gen g. Kesrny
had ordered overland that territory and copy
of the Generals confidential instructions from the De-
psrtmen was to him He also informed that
regiment Of volunteers was expected to ga. from new
instance report to the naval commander on his sta
ton, but would ultimately be under the command OF
conduct the expedition by land" Contrary to all sx.
pecttion, this despatch did not resch Caornia until
On the Is of August the commanding ohncer OF the
Pacific was informed that company OF artillery
hip ap'f Lexington; that Of volunteers under
Col Stevenson would soon sail from New York ana that
q body Of troops under General kearny mlgns soon
much of the instructions to Captain TompRins and
General Kearpy relates to objects requiring coopera
on and of article six of the army regulations in refe
renee to military and naval rank On this latter sub
ect the general principle repeated that mo ofcer
of the army or navy whatever may be his rank, can
INDEPENDENT consent,
over officer of the other service except only when
land forces especially embarked in vessels of war to
On the 5th Of November, 1916, Com Stockton
informed that the President has deemed 1t best for tae
public interests to invest the military officer command
ing With the direction Of the operations land and
the administrative functions OF government over the
restss to to Colonel Mason or to
Kearny, the letter should arrive before he mad done
So the entire control these matters and to turn
his duties 1t was believed that this despatch
might anticipate the arrival in California Of General
kearpy.
Similar instructions were communicated to Commo-
modere Stockton under date Of January H. lsi7, and
we're renewed to Commodore Shubrick under date Of
this subject very full aud distinct Is herewith
enclosed ! also enclose copy Of document No 10,
which has been already transmitted to you but which
Is Of 30 much interest that send 1t again.
Possessing the views Of the government, they are
larly in the letter of May 10th, you will have had it is
belieysd NO difficulty In adjusting with entire harmony
tween the army and navy the subject OF directing
the temporary civil government 10 California
tern portion Of Mexico as on the Pacific side has
rmed the President in his purpose Of dsvolvng the
senior military oSsr the DUTY Of civil ;, lin IN
relative duties Of the branches Of the service The
attempt to exercise 1t by naval officer necessarily
wthdraws him from the appropriate sphere Of his pro-
fssioual duties He nstructs therefore. to impress
the naval Ulcers that this duty will be required Of
the military officer Of highest In the couDtry who
may be on duty and with this clear repetition Of his
wi.hes it Is not apprehended that any collision will
again occur between those whose services are always
most efficient when they act in harmony and concert
:. The remainder Of this despatch
relst es to other matters
am, very respectfully your obedient servant,
Commanding officer of the u s. Naval Forces, Pacific
After closed ssion the court decided that the des-
patch presented had relevancy the before the
court but would be placed with the Of Lieut. Col
Fremont, in the appendix to the proceedings
Lieut. Gel Fremont then presented tho following:
Mr. President: Lieutenant Colonel Fremont by the
to be allowed time for oorrectiss the pub
lished report Of the proceedings Of the Court
by the official record in order that, in analysing and
enabled use precise words in which it taken
down This labor is believed to be carefully and
curately performed will require four days
He further requests to be allowed time to pre-
pare his defence. The magnitude Of the charges,
: Length Ss ans ss
the testimony, the great volume Of the re-
cord which must be gone through with and examined,
the multiplicity of the specifications, upon each Of
which there must be separate finding, and of
separate defence-s considered, Lieut. Col Fremont Is
advised by his counsel that he cannot in justice to the
caee ask less time than week
Lieut. Col Fremont would therefore request for the
purposes above mentioned to be released from attend
upon the court until Monday the oath inst, at II
O'Clock noon. J. c FREMONT,
Lieut. Col Mounted Rifemen.
Whereupon the court cleared. When the doors
opened
The court adjourned to Monday the oath instant.
PHILADELPHIA, Jan. IL, lS4S.