The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-30


The letter shown the witness then read in EVIL
dence as follows;
HEADQUARTERS ARMY OF THE WEST,
"Ciadad de los Angeles, January IL, 1871
'Sm enclose herewith copy of three communiea-
tons No being instructions from (of yesterday TO
Lieut. Col Fremont, relating his battalion of volunteers
2 reply of Lieut. Col Fremont of this date, refusing obe
dience TO orders g. letter from of this date to Com
modore r. r. Stockton on his assuming powers not given
him. and preventing me from complying with The insInc'
H pA be seen by the Prssdt and Secretary of Jpar that
am NOT recognised "a official capacity either by Comma
dore Stockton Fremont both of ,gon refuse
obey my orders or me instructions Of the Pre,dent and
haze troops IN the country under authority, srcpting
f1o Dragons, Ihape no pouo Of enforcing them
81 have state that the march OF the troops from San
Diego this place reluctantly consented TO by Com
modoe Stockton on my urgent advice that he should not
which the fate of California might for long time depend
The cosresPondenee 10 prove which Is nov with my
ed to you my return to that place
Very respectfully your oRe dw ps servant ,
''The ADJUrAsr GEsKRAL u S A. Washington.
"Queson Was that letter written after your interview
of the same day with Lieut. Col Fremont?
"Answer. 1t must have been, as l remember
SIT MUST HAVE BEEN, AS | REMEMBER" And it must
have been his previous swearing had shown for the
morning of the nth taken up, the crossexamna
ton had shown last effort to seduce Fremont, FIRST
with batteries and the offer of the governorshp and then
with the threat of unquesonabe ruin" to JOIN him with
his battalion against Stockton 1t was after this last at
tempt and interview that the letter of the 18th to Stock
ton posponng the civil war written and in the order
of events the letter the Adjuant General giving has
Kearnysl account of all these matters written after
these events, and after the final letter to Stockton, and
the final interview with Fremont The letter to Stock
ton posponing the civil war was written as admitted in
another part OF the cross examination after Fremonts
final refusal to join him with his battalion. 1t was to let
him know the civil war was postponed. Il was after
wards dropped altogether with respect to Stockton and
recommended against Fremont. do not speak hgur-
atively but literally, as will show in the proper place,
when come to the operations against Fremont AT pres
en conne myself to the Stockton part OF the and
have to show the reason for posponng the collision and
civil war That reason appears very intelgiby in the
letter to the Adutant General of the date just read
and in that part of which says "Boh of tohom refuse
to obey my ORDERS or the instructions Of the President
and as haze troops an the country under my author
ity, ereepting fen dragoons haze no power Of en-
"No power to enforce them" That was the reason
And why no power' Because Fremonts battalion of 500
men was not put under his orders That is the secret
that is the fair Interpretation of his letter Without them,
he had but his fragment of guard-sixty endorsed dra
goons With them he would have possessed the real
military power of the country Failing 10 get the Califor
MIA battalion, he retired breathing vengeance, against
Stockton, but against the person who had baked his Grim
inal desgn-agans Fremont, and plotting against him a
double ruinaganst his life there against his character
here But let not anticipate The present point is the
civil and the letter to the aduant general showing
the reason for its pOsponement That letter, besides
showing that 1t was for want OF force that the collision
and civil necessarily, and for the present post
pone also contained other statements proper TO be here
examined.
L. 1t says Commodore Stockton refused to obey his
ders The fact is General Kearny gave order
to Commodore Stockton, and so he positively swore be
fore the court martial 81 erered command aohaever
Commodore Stockton, did he erert any Uhateuer
oper me-" Thus he swore before the court martial and
both Stockton and Fremont had refused to obey his
ders We that Stockton received any will
all see what kind of an order Fremont disobeyed
Ina remSn ,h refused to obey ms orders h uhs
airy containing the alleged refusal will show The refu
sal respectful declining to decide the question of
his hands by giving him contradictory ORDERS which he
declined to solve, and remained precisely he until
they decided their question This respectfully
and firmly announced in the conclusion of the letter TO
General Kearny alleged to contain the REFUSAL and made
the basis Of the charges before the court martial 1t
announced in these terms
"Ie therefore, Nth great Difference to your professional
and personal character constrained to that you and
Commodore Stockton adjust between yourselues the question
shall hare 10 report and reeue orders Heretofore from the
commodore"
This point, of course, was before the court martial
and the answer which it then received in the "Dnce
(page 39s) the which truth, law, and honor
gave, and which will abide the scrutiny of time and his
tory. 1t was in these words:
"The question is dsobedience orders-the order
reorganize the California battalion being the speci
n the British service from whose rules and articles of
copied, and where there is Judge advo
general direct courmartal proceedings with uni
formiy the character or qualities of the ORDER disobe
50 of Heugh edition of 1929 is found this definition Of
such order:
"n the absolute resistance obedience to- pres
en and urgent command conveyed either orally in ring and
directed to be obeyed with promptude by the
be
emPaed by the military nasmuch as the principle which
holds would il encouraged
penalty forbid preclude reliance the
sais'f shs as%
ands against which must supposed the
penalty Of the article is principally directed
"From this definition of the kind of order which the
rules and articles of contemplate it is clear that
every ode and merely because order given by
superior TO inferior, that entities itself to implicit ODE
dcnce On the contrary, must have certain indspensa-
there ls legality 3D. necessary for the public service
3d. urgent; by the Noncompliance with which inn
mediate act necessary to be done defeated impeed
and that the disobedcnce must be of kind n
fractory spirit
81 have that the order given by General K
OF these requisites and that dobedence
drew after 1t no injury to the public service and that my
refusal to obey it not in refractory spirit
81 1t was not legal order, and this for which
shall fully show in the proper place.
So IL was mere experimental order of contradiction
the state of the battalion required recognized the
time for which many of the and officers engaged
having expired, and give major in place of myself
made governor.
so So far being for the public service it would
from the sentence in General Keanys letter Com
modore Stockton, OF the 18th of January (eady quoed
IN relation to collision between them, and possibly civil
that the battalion wanted orcbly asserting
his right the governorhp against Commodore Stockton
The letter have other meaning and this preta
ton OF is moreover borne by his letter of the
date to the Department. by his testimony before court
and by the testimony of Lieut. Emory
81 The battalion was not and had been under the
orders OF Gen keany was such troops his instruc
tons contemplated, and several of its officers the
navy, over whom he could have control.
So Gen Kearny was, at the time of giving the order,
suspended from the command of the forces that place by