Tri-weekly journal., 1848-02-29

timony, the court finds the accused, Lieut. Col. John
c. Fremont, of the regiment of mounted. riAemen,
United States Army, as follows
CHARGE l.
LIST specification, guilty. It'll specification, guilty
ID specification, guilty. 9Th specification, guilty
Sd specification, guilty 9Th specification, guilty
4th specification, guilty 10Th specification. guilty.
9Th specification guilty 18th specification guilty.
9th specification guilty and guilty of the charge.
CHARGE III.
lst specification, guilty 9TH specification, guilty
I'd specification, guilty 9th specification, guilty
Sd specification, guilty 18th specification, guilty.
4th specification, guilty and guilty the charge.
CHARGE Ill
LIST specification, guilty 4th specification, guilty
ID specification, guilty. 9Th specification, guilty
Sd specification, guilty and guilty OF the charge
SENTENCE
"And the court does therefore sentence the said
Lieut.. Col John C. Fremont, ofthe regiment of noun
ted rihemen United States army to be dismissed the
service
The court deems it proper, in view of the mass OF
evidence the record to remark that the court has
been unwilling to confne the accused strict legal
defence, which appeared to lie within narrow limits.
Considering the gravity Of the charges, the court
has allowed the defence the fullest scope its power
develop the instructions of the Government, and all
circumstances relating the alleged misconduct,
well to impeach the leading witness for the pros
ecuon. The court has indulg ed the accused in
course unusual and without its appreciation in the
final Defence of using indscrimnately matter which
had been rejected or admitted in evidence.
Wth all this latitude of evidence, and the broad
latitude of defence, the court has found nothing
conflicting in the orders and instructions of the Gov
ernment nothing impeaching the testimony on the
part of the prosecution; nothing in fine to qualify in
legal sense, the resistance authority of which
the accused is convicted.
"The attempt assail the leading witness for the
prosecution has involved points not in issue, and to
which the prosecution has brought no evidence. In
the judgement of the court his honor and character
unimpeached."
The whole proceedings Of the General Court Mar
tia in the foregoing have been laid before the
President Of the United States.
The Presidents Decision and Orders in the
Case.
WASHINGTON, Feb. TO- 1913.
Ihave carefully considered the record ofproceed-
ngs of the General Court Martial in the case ofLieut
Col. John C. Fremont, of the Regiment of Mounted
Rihemen, which convened at Washington Arsenal,
in the DistTc, of Columbia, on the 22d day of No
vember, lS47 and of which Brevet Brigadier Gener-
al George NJ Brooke was President.
The Court find Lieut. Col. Fremont gully of the
70 lowing charges, viz:
LIST. "Mutiny, 81. Dsobedence of the lawful COM
mands Of his superior officer; 3D. Conduct the pre-
judce of good order and military disci 2ine"-and
sentence him 'to be dismissed from the service"
-Four members Of the Court append to the record Of
their proceedings the following, viz:
"Under the circumstances in which Lieut. Col FIRE.
mont was placed, between two officers of superior
rank, each claiming to command-in-c chief in Califor
nia circumstances in their nature calculated to en-
'barrass the mind and excite the doubts of officers of
greater experience than the accused and consider
ation OF the important professional services rendered
by him previous to the occurrence of those acts for
(which he has been tred the undersigned members of
the Court respectfully recommend Lieut.. Col. Ere
mont the lenient consideration of the President of
the United States"
GEORGE NJ. BROOKE.
Brevet Brgadier General United States Army.
THOM As F. HUNT,
Lieut.. COL and Dep. Quartemaster General.
j. P. TAYLOR,
Lieut. Col. and Assistant Com. Gen. of Sub.
X. L. BAKER,
Maj Ordnance Department.
Three other members of the Court append to the
record of their proceedings the following viz:
"Under all the circumstances of this case, and in
consideration of the distinguished professional service
of the accused previous to the transactions for which
he has been tried, the undersigned beg leave to
recommend him to the clemency of the United States
SH. LONG,
Lieut.. Col Typographical Engineers.
RICHARD DELAFIELD,
Major of Engineers.
W. E. MORGAN,
Lieut.. Col. 18th Infantry. |
Upon an inspection of the record, l am not salts
fed that the facts moved in this case constitute the