The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-21

spoke of the prospect OF Fremons and Stocktons eye
cution with evident satisfaction; the eourt.martal nm
Fremont found him guilty, being alive, on every spees
cation; with more ease, they would have found him
guilty, being dead. And now kearny is to be breyelsd
major general for merorlous conduct IN Caifomia'
which conduct consisted almost exclusively of ths,
plots against the life and character OF Fremont to be CON-
summaled by frauds and perluries
The Mormons, under their leader, Major Saint Geor,
Cooke arrived al San Diego the latter part Of Januan
in the first week of March, falsely dated the first a.
of that month, Kearny assumed the civil and military
government of California, by virtue OF the orders OF Ma
vember out by Mason and not by virtue ohe War
Office orders OF June preceding, carried out BY himself
by virtue OF any pretended conquest OF the country
nv froops under his command He assumed his con-
mand by virtue OF these November ORDERS directed bo
to the naval and the military commander and by on,
circular signed by himself and Shubnck, dividing the bow
ers between them according 10 these ordeTs-the first
relieve the navy, and to charge the army with the civil
government and military operations III Calltonia-and
which Kearny, Mason, Shubrlck and blddle concealed
from Fremont for the evident purpose OF eniappng him
One of the first acts of kearny assuming this new
power, which was legal with the exception of re.
leving Fremont, who was governor, under commission
from Stockton, and representing hun IN fact well az
in law was to place Cooke in command OF the southern
division OF California, including Los Angeles, WHERE
Gov. Fremont then was, and had been since the with
drawal of Stockton, the actual exercise and in the sole
exercise of the duties of governor The orders to Cooke
like all the others OF that period, falsely dated on
the st of March-nearly week before kearny's as
sumption of power But the false date the smallest
of It's faults il fora purpose which II did not disclose
and to discover which no DISCRIMINATION which The
court would perril could be made to athom. The order
itself in ese words page 80 OF the Fremont trial
"3 Lieutenant Colonel Z. ST.. G.. Cooke, now in com.
mand OF Mormon battalion is intrusted with he supef
vision of the southern military district for the protection
and defence OF which he will make the necessary proy
ions posting his command 60 consist Of pany c. Isl
Dragons, the Mormon battalion and the California vouu
teers) at such places he may deem most eligible"
This was the oder--on its face order 10 post his
command according his discretion, Tor the defence and
protection OF the district Even in that form the order
was military crime. Fremont was IN command, and
had right to be relieved before his command was thus
invaded On It's face il was an illegal order, cacu.
lated to lead to collision and violence. But there were
sub orders which Cooke understood and by virtue Of
which he commenced very definite operation that Of
marching his Mormon battalion upon Los Angeles
where Fremont then was, and Tor a purpose not vlsi
BILE on its face, discoverabe before the court
would seem to have been the last place in Callior-
MIA to which they should have gone, both on ac-
count of the tranquility OF the place, the near presence
OF the California battalion, II any troops were wanted
there's and the utter horror which the people OF Los An
geles felt at the and approach OF these Mormons
Fremont living in the city, administering the govern
ment without guard or sentinel about him, like any
American governor in the capital OF his own State-s
oniy instance of American governor so living IN any
part of the conquests in the Mexican war. This
proof that military force was wanted there. II
should be- contrary to expectation the California baal
ion was at hand, at the strong military position OF the
mission of San Gabriel, only nine miles distant, and
could be called in at any moment. Then why order
five hundred Mormons there, and that under dlscre'
ton of Keany' These are questions made grave by
subsequent events, and to which facts must answer
far as the checked and muulaed cross examination
would allow facts to be brought out FOR TINS purpose
we go back, merely by way OF reminding the Senate OF
Kearnys parting words at Los Angeles, the l7h OF jan
wary those letters in OF which he informed Stock
ton that the collision and cipn tgar was prevented Tor
the present; in another, in which he informed the Exec
utive government of the of that prevention name
ly the lack of troops to enforce his authority Taking
these three letters as starting point and as platform
IN, find ant luallu nnav
the invisible object OF this Mormon march. The record
must speak.
Al page 95 of the trial, General Kearny under cross
examination this question and answer appear-the o.
iect of the question being put innocent construc
ton, if he could, on the omnous words In the eerio
tn, War Department of the nth OF January IN relation
to enforcing his authority:
Question In that same these words: And as
troops in the country under my authority except
few dragons, have no power OF enforcing Them 0he
orders under which you went to Catonia) Now what
did you me by that word 'eniorcingP
answer meant that if had troops under me- would
never permit junior officer to dsobey my orders
This answer was sufficient, and under more aspects
than had been expected 1t was explicit, and pointed
the of troops upon any Junior that would dsooe
any of his orders Fremont in the view OF kearny came
within the category, in both particulars he was Jumo
to Kearny, and had dsobeyed his order. 1t also
showed kearny's opinion OF bis power over lunors-O
make them obey every order that he gave them Now
Fremont happened to know that illegal orders are never
to be obeyed and that officer wagng civil war upon
another for govcnorshp, whether right wrong, and
especially when wrong, was illegal He happened to
know also that Junior must be under the command OF
the senior before the senior has right to command him.
He happened to know also that junior is bound to act
pimp, spy. pander 10 his senior TO be one-sied
witness for him, to do anything mental or immoral o
him. In word, that there plenty OF cases IN which
the Junior ought to dsobey But, matter the answer
more than sufficient, and pointed direct to the EN-
ployment of troops upon Fremont Satisfied with that
answer further question was put to Kearny on that
point
The next facts pertinent to this branch of the inquiry
were dervedSrom Lieut. Col. Emory, and thus appear at
page 165 OF the record
ssQuestion Did you learn from Gen. Kearny that he
would punish Lieut. Col Fremont for mutny when he got
the power and, if So do you know whether he meant
the arrival of the Mormons the power for which he was
waiting
answer did not learn from Gen. Keamy that he
would punish Lieut.. Col. Fremont for mutiny when he
"Question. Did you learn from him that he would re-
duce him obedience when he got the power and so
did he mean by getting the power, the arrival OF the NOR
mons
Answer He informed that he should take affairs IN
to his hands he felt himself sufficiently
strong He did not, that recolec the word MGR.
nons or make any reference to that battalion lie ala HUI
mention Lieut.. Col Fremont's name.
Question What did you understand by that and es'
peciaiy by the words sufficiently strong 2
ANSWER. / unde rstood by it numerical strengh-physr
cal strength. understood that, he got sullceh.
orce-.a sufficient body of troopstha he would carry out
the orders of the President of the United States
"Question. What did you understand by the WORDS
take affairs into his hands Did you understand py
it that he would force. and that Lieut. Col ffemoh,
to be of those whom the force was to be useu
"Answer. did =,
"Quest,on. Did you hear ftom Gen. Kearny anything IN
relation the coming of the Mormons after the dcue
about the command at Los Angeles ,
ANSWER. Not from Gen. Kearny. met Mr. Hall lew
hours after had parted from Gen. Keany lie was NV
messenger from Col Cookies battalion"
These all to the point, and sufficiently
explicit They leave not a doubt of Keanys intentions
as he trOOps enOuyh--as he go th1