The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-10-10

Col Fremonts movements in or from California; and
copy OF the orders any, by which Gen Kearny brought
home to the United States The topogigph,eGa party for
merry under the command of Lieut. Col Fremont when
brevet captain of Typographical engineers.
Is NorE-Ths request is distinct from the one made
by Lieut. Col Fremont on the nth September last and
answered by the adjuant general the 9th day OF
september that request being for the order which was
applicable TO Lieut. Col Fremont and his party; this is
applicable to the party alone and is not covered by the
snpposuous authority then suggested by the adlutanl
general
The undersigned, in further looking over the charges
and specifications perceive that there three sets OF
charges ON the same specifications, 10 give the pros
ecuhon three chances against Lieut. Col Fremont the
same point The first charge is 'nUrIYY' the punish
ment for which may be death and the conviction for which
is always Infamous. The second charge is for disobedi
Of the tawfM commands Of his superior officer the
punishment for which may be trivial and the conviction
title to honor aud peferment The third charge is for
conduct 10 The prejudice Of good order and military disc
pine, which might involve no higher point than piece
OF form, OF etiquette punciio. Between the degree
OF enormty OF these three charges the difference is I'M
and unreasonable and, although in CRIMINAL pros
ecuons at common law, man may be indicted Tor muir
der and manslaughte the act yet in courts mar
tal, which concern the honor as well as the lives OF
officers and where proceedings should be direct and sim
pie, and TO convictions the merits instead OF echni
caies and punctios every charge should have ITS sepa
rate speclhcahons and where SO high crime as mutny
charged inferior charge should be predcaed on the
act But in this case, the proceeding goes further
than at common law. Ii goes three different changes OF
three degrees OF eno-m Tor the same act the rs charge
,
while Indictment for murder and manslaughter never
goes down to a conviction for petty insult The
undersigned have deemed it their duty TO notice, and al
Hts time this heefod prosecution on the same set oil
acts; but they instructed by Lieutenant Colonel Ere
mont TO go into trial upon the whoeto make no obIec
lion TO anythng-bu to insist TO the last upon full
lriaa trial upon all the points OF accusation against
him in all the charges OF General Kearny in all the sub
sidiary publications; in all the published letters from
Washington city assuming the of semi ociallty and
in fine, upon all his conduct in California
sIhe undersigned deem their duty to object the
place of ral-Fortress Monroe-two hundred miles from
Washington, and in out -the-way place, and in a
corner and where they feel they cannot do justice 10
Lieut. Col Fremont for want of the chances OF defence,
of law, OF act which might turn up during the trial
The whole trial is surprise upon him. He was brought
from California without any knowledge that he was to
be arrested the frontier of the United States, and tried
the shores of the Atlantic for offences charged the
shores of the Pacific His prosecutor availing himself OF
pose, brought along with him train Of wi'nesses-some
military, naval, several in civil life; while nap
pens that the witnesses, military naval, and civil,
which would have been of the highest moment to
Lieutenant Colonel Fremont, left in California, or
sent into the Pacific Ocean The arrest was surprise
upon Colonel Fremont In his amazemen he asked for
WHAT Instead of informing him, he was referred to
the War Office for the specifications Arriving in Wash
ington city, he applied, the nth OF September, for
these specifications He was informed in writing, that
he would get them IN due time" On the 18th day of
October he received Them with the further notice that he
was to be tried in fort two hundred miles distant.
Since that time he haspcked up such means of defence
day to day, and might peradventure find something more
during the period of the trial, if tried at place where
people congregate No foresee what may turn
up during trial, what evidence may be wanting,
either original, rebung, explanatory; what points
of law.may require calculations what reference to docu-
ments in offices may become necessary; what gentlemen
in Office, and whose presence is necessary their Offices
may be wanted All this in an ordinary case, where
there has been ample notice for preparation: how much
stronger them in this where the arrest and trial is
surprise the scene of delinquency laid such distance
cutoA, and for the defence. Under these clrcum
stances the undersigned ask that the place OF trial may
be changed to Washington city. It is the place where
Commodore Porter tried under somewhat similar
circumstances that is to say, for offences charged to
have been committed in distant and foreign land and
the history of his trial shows that he found advantages
both of law and fact in being tried in the metropolis and
at the of government of his country To enable us
to do the better justice TO Lieut. Col Fremont we ask
that the place of his trial may be changed to this city
"Respectully, your obedient servants,
"THOMAS III. BENTON,
CIVILIAN CAREY JONES,
'Of counsel for Lieut. Col. Fremont"
Me- parfe trial documentary testimony.
Extract from the testimony prnted trial, PIP 47, s.
of Major Philip st. George Cooke, showing that Kear
ny plotted pdrte trial on documentary testimony
"NIajor Cooke ,citness-C rsss-eramination.
"Question In saying that you never told by Gen
Kearuy or any one on his behalf, OF his intention to have
you as witness against Lieut. Col. Fremont, do you
make any difference between personal and official know
ledge, between direct and indirect information, or be-
tween bellef or pOSlllve OF you WedH
say thaty you had knowledge Of Gen. Kearnys inten-
ton you witness until the subpoena or order
was served upon you, say at Vera Cruz:
"a member objected The defence said they would
waive the question.
"On motion of member, the court cleared
'The court decided that the question shall be put The
court was then opened-Lieut. Col Fremont in court
The decision in closed session announced
"Juaor Cooke a pitness- Cross examination.
Answer General Kearny refused applications of mine
to return with him to the United States, until in private
letter made very appeal, which believed that
he could not resist to be allowed to return to JON my
regiment in the south He assented very short tune
before departure. In coming down the Missouri, In
August, sought information OF him on the point OF my
being witness, and the only satisfaction got
impression that, If Lieut. Col Fremont tcas tried shortly
at M ii ,coud be crclusiuely documentary evidenee
ensue by the call for witnesses from California went
to Vera Cruz with no expectation that | would be re-
called, and when received the order from the Adutan
General it with great surprise"
N.-Refsai of full trial, any change from Kearnys
documentary plan.
1. Reply OF the War Department to the letter OF Colonel
Fremonts counsel being refusal to institute tIla
make any alteration from the parte documentary
plan plotted by kearny, or to frame charges on any
other points than those which constituted the trial. that
of Stockton in Fremonts person:
WAR DEPARTMENT,
Adjutant Generals Office October 81, 1S47
GENTLEMEN: Your communication, as the counsel oil
Lieut. Col Fremont, of the 25th ns has been submitted
to the War Department, and am directed to make the
following reply:
With an earnest desire that the proceedings in the
of Lieut. Col Fremont should be in such form and sc
conducted to TO him full and fair trial, the
government will, far Its agency be properly
terposed do whatever will tend to such result But
Il, pIro1