Weekly national intelligencer., 1848-01-29

Peu and 10 give II major place Of ysef made governor
o. 90 lar from being for the public service i would seem
nom ne sentence In Gen. Keornys letter Com Stockton
OF the I'm OF January (aleady quoted in relation to col
mson pet"een them, and possibly civil war, that the baa-
non W. wanted ior tcreby asserting his right to the COVER
norshp against Com Stockton The letter can have no other
meaning aud this Interpretation of Is moreover borne ont by
ms eef OF me same date 10 the Department by his estimo
ny oe,go te eour pnd by the testimony of Lieut. Emory.
me battalion was not and never had BEEN under the
orders OF Gen. kearny not az ria cons
contemplated and several of its officers ers from tire ayy
over whom he could have no control.
o. Gen. kearny was, at the time of pyng ha ,rde, sns
pended om tue command Of the oes that place y order
of Governor Stockton 80 = ' '
g. IF not suspended the time he wrote and .an, s order
men ne was himself IN mutiny against his commander
and endeavcrng to induce to Join" in il, and ihus was
IN the commission of the double offence Of mutny hirf and
endeavoring to Ikake another join him in it.
T. Gen. keany has not shown for what purpose he gave
the order against reorganization but appears evident II was
for an unlawful purpose TO wit for the purpose Of keeping
the battalion together in his hands, to he used against
CON- stockton On his cross examination (shday) he Sc ms
to have known nothing about what he doing in giving this
order, which douby prosecuted To the aues-
tion Did you know what the nature Of the reorganiza
ton commanded by Governor Stockton of the battalion under
Lieut. Col Fremont, and forbid by you be answered ;aI
do not know learned that Com Stockton about re-
organize that batalon and forbid it." Thus battalion
raised, ocered commanded and organized by Gov Stock
lon, and being part his forces for the conquest and
vation and government Of California, forbid TO be re-
organized by Gen. keamy, without knowing what the actual
organization what the reorganization would be. He
heard something was to be donehe knew not what and he
forbid It, Surely he should tell what purpose he had in
g. II order that could obey without febellng
against the authority by which the battalion taised and
from which held my commission It's commander.
From al this appears that the order not eorgaaize the
battalion has Of the requisites of order entitled obe-
dience that it lawful order ihat was not intend
ed for the public service thaethere necessity it.;
that injury to the public service accrued from obedience
to it that the refusal obey it, far from being raac-
tory spirit determination to remain was and
had been, under Com. Stockons command until my
Periors settled their disputes and advised by
counsel to say that that decision legally right.
In opposition to all this, Gen. Kearny urges, support of
hsrisht commandre, first his rank Brgadier Generals
second his instructions take command the troops organ
lied in Calf rnia rdiy, that had put myself under his
command by reporting him 9th of January Ideny
all three of his positions l. As Bngader General he had
right give order in relation to Com Stocons forces
He admits this with respect TO the sailors and Marines and
also with respect o,hat part of the battalion which de-
tached, aud under the command of Capt Gillespie;
equally illegal 10 interfere with that part of the Conmodores
forces which under my command q His instructions
take command of the troops organized in California did
apply those raised by the navy they did apply such
forces commanded, and of which nothing known
Washington when the instructions given 8. His pre-
tension that put myself under his md by reporting
him. and which he mainly relies unfounded all the
rest, but requires detailed and precise examination
He lays great stress upon this alleged reporting, and shall have
the full benefit of his testimony in support of his preten-
sion. In his direct examination he said
About the llh of January, iSi7 received from Lieut.
the march, and dated January lsh ls46 resumed TO be
written by mistake for ls47 and which furnished, together
with the charges, to the Adjutant General.
"Ths paper read as follows;
"OS THE MARCH, JANUARY Is, 1916.
"DEAR SR have the honor report to you my arrival
this place with 400 mounted riemen and pieces OF
tlery including among the latter pieces lately the pos
session Of the Calorans Their entire force under the
command Of Don Andrs Pco have this day laid down their
arms and surrendered TO my command.
Every respectfully, your obedien servant,
"Leut. Col u. S. A. and Mitsry Commandment
{" OF the Territory OF California
"Brig Gen. S. w. KEAnSr."
on the day the receipt of that report (yz Of the sh
January Lieut. Col Fremont Mt the head OF battalion of
volunteers the cof Los Angeles On the 10th of
January order him. relating to this battalion,
Which have iarnished which identity shown
This is copy OF the ordec furnished him by Lieut.
"The paper read, as follows:
''HEADauAHrERs, ARMY UNITED STATES,
Ciuaad de os .4ngeies, January TO- is47.
"By direction Of Brig Gen Kelrny send you copy ofa
49, Is46 which is the following These troops and seh
may be organized in California will be under your
mand The General directs that no change viii be made in
the organization OF your battalion volunteers officers ap
pointed it, without his sanction approval being first OBJ
O""''' "wiM. II. EMORY,
1t and Acting Assistant Adjutant General.
"Io Lieut.. Col. J. c. Fremont, Mounted Rinemen,
"Commahding Battalion California Volunteers
on his crossexaminaton Gen. Kearny thus swore in ra
ton TO that battalion aud the brief note which he treated as
military report for duty: "Tae California battalion uas
UNDER my command from The Of Lieut. Colonel Fre-
woius REPORTING 10 me the 18Th Of Janudrt." He
therefore, swears TO the fact OF my reporting him and also
being under his command and This double swearing becomes
the cornerstone Of his accusation. Twice afterwards he
TO the effect. Thus: 81 oas bigad;er gen
eaiin the army and He accused tvas lieutenant colonel IN
H. oas IN command Of the JaifaLon at the fimen (fo
W, 10Th and l7th) Aud again ~ made no attempt 10
get The command: The battalion already under me
In this way and by din OF his own swearing he pets me-
as he under his command thereby acquires the
right give ordets with the resulting Of mu
tiny and dsobedience il did obey them and all these
rights and consequences flowing from the word report
found IN my note Of the 18th January him Now let us
see with how much truth and justice this is done.
From the testimony in chief at the opening OF the trial.
quoted above, it would tba Of my head the
18Th day OF January, reported myself and battalion
military ofihe word, Gen. kearny for duty that af
ter this reporting and without any thing else passing upon the
subject, aud after had voluntarily put myself and my baal
under the command Of Gen kcarny. did on the nth
refuse obey the order Of Gen Kearny in relation 10 said
on; and thus became guilty Of two crmes-muny for
which might have been lawfully killed on the spot; and dis
obedience Of ORDERS for which may be sentenced to be shot
or cashieoj, OF otherwise punished by this Court
Tie first words of the to timony imply voluntary commun-
cation The words "About the l4th az Ianuary ls47
I received from Lieut. Col Fremont communication dated
the day preyous upon the march, &C. which furnished to-
gehcr with the charges the General" This tes
timony presents voluntary act my own para move
Of head, uninucnced by any previous act of
Gen. Kelrny and stood the tho direct cyamina-
ton the first day Of the trial On the 7h day the cross