The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-08

mend the veto power should be re-lnserted in tn.
bill. OMEGA.
| WASHINGTON, Aug. 6, lS4S.
"Qui Vire''
At eleven o'clock last Saturday night, Chat is
last night,) the Senate disposed of the Civil ant
Diplomatic bill, filling that omnibus with all sort
OF passengers, and the roof with the most miscel
laneous admixture of baggage
Mr.. Berrien, who, we understand, had been t
the South for some days, moved, nearly at tn
eleventh hour, that the bill be laid over till Mon
day. He had been unavoidably absent; he wa
not well enough now to speak and he hoped the
bill would be laid over, for he wished to argue the
appropriation of $4,000 for the Savannah river
which had been stricken out in committee. HIS
request was not allowed he left the premises, and
the bill was passed without the appropriation. II
was scared out of the bill by the ghost of a veto.
The House will at least decimate the amend.
ments of the Senate, including, we suspect, the
100000 each for the papers OF Jefferson and
Hamilton.
:. We should like to see Mrs. Hamilton, in her ex-
IRENE old age nicely provided tor; but grant these
items, and you may go on purchasing papers of de-
ceased statesmen till you exhaust the treasury.
! The Oregon bill will come up IN the Senate to-
morrow at IL o'clock. II passed the House with
the proviso-the committee of the Senate have
dove-taied into. it the Missouri Compromise,
making il to read to this effect-hat nasmuch.'
mark the word" inasmueh" as the said territory
lies above the Missouri Compromise line of 36deg.
80 min.-therefore slavery is excluded. If the
bill passes in this form, that word "lnasmuch'
will 90 pretty much to settle the whole question.
We expect this compromise to pass the Senate,
but we have doubts of the House. We anticipate
q long discussion In the Senate tomorrow. .tl
The brevet nomination of Gen. Kearny still
hangs In the Senate. Col. Benton is not done
with the historical explanation OF the acts and
proceedings, civil and military, Of General Kearny
in New Mexico and California; and from the evil
dence rendered in executive session by the said
Senator from Missouri, 1t would appear that but
for the relief afforded by Com. Stockton, Gen.
Kearny would have been eaten up on the hill of
San Bernardo, near the field OF San Pasqual,
horses, mules, men and ALL AS 1t was, while be-
sieged on the hill by the Cahfornians, he had to
eat his mules and burn part of his baggage. We
give this, simply to- show the earnestncss of Old
Bullion since, the late exchange of a casus belh
of thousand men on his wayto California, when
he met Kit Carson coming with dispatches to the
government from Commodore Stockton and
Lieut.. Colonel Fremont. The General opened
II appeared that California was conquered,
| and temporary government already established.
The General, on this information, sent back the
body OF his troorss, going forward with some 200
men only. He also took Kit Carson back as his
guide. aid placed his dispatches in the hands of
another messe6 rer TO bring ito the United States
The whole of the troubles between our officers
in California originated rem General Kearny
opening those dispatches. Had ne failed to meet
Kit Carson, he would have gone on with his thou
sand men, reduced the Califomias at once, and
suppressed all efforts to dlsavOw his authority by
the presence OF force superior to that of ommo-
dore Stockton and Lieut.. Colonel Fremont. But
h. read the dispatches, saw the country was con-
nnnner.,d. and went forward to take posse ssion,
Getting IN there with about l50 men. Fremont
had 560. true 10 HIM as steel. He was appointed
aovemor by Com. Stockton, and refused to acknow.
ledge the authority Of Kearny Iuntil the question
Of the chef command :" N se'led between SAID
general and the commodore. Anv.ner commodore
taking the place of Stockton, and acknow,.. dglng
the authority of Kearny, Fremont was compelled
to submit, for large portion OF the force that had
co-operated with HIM belonged to the fleet: After
that, Fremont had a pretty tough time OF it, till
Kearny, for his previous so-caled mutiny, and
his actual dsobedence of orders. That is the
case in a nut shell and that will disclose the
reason why General Kearny's name hangs up SC.
long in the Senate. Most men in the place OF
Fremont would have done precisely what he did;
most men would have perhaps done as General
Keany did, if they could do no better; but Colonel
Benton is not the father-in-law TO see his children
trampled on with lmpunlty. 1t is enough for him
to believe that Fremont has been maltreated,
whether his treatment was unjust or merlted
Colonel Benton is convinced that he was perse-
cuted and General Kea-ny knows that the issue
that one or the other is to be broken on the wheel
before the case can be compromised.
Apart from this business, we consider General
Kearny as one of the finest and most accomplish
ed officers in the servlce-and one OF the most at
tractive men in social life OF thousand. In con-
necton with these California difficulties, IT Is our
conviction with all the facts of the trial before us
from day to day, that he carried too far over
young and inexperienced officer IN points OF Ell,
auette the rigid exactions of military law and
for offences for which Fremont was not, IN fact,
responsible Discipline we know is despotic-
the camp is a despotlsm, and the commanding OH
Ger Is despot; but even despot has the discre-
ton Of generosity, and when he fails to exercise
it in case demanding 1t, he fails to meet we will
venture to say, the public appreciation, wi,hout
which even the despotsm of military law tails to
the ground in this country
We have an instructive repugnance TO any thing
approaching an embttered exercise OF power we
have an instructive desire, an absolute delight In
entering our protest against such lnvasions OF the
law-or the spirit Of that universal principle which
we call the aw-that thing which scorns all mere
technicalitles, and looks at the broad and honest
truth But, on the other hand, 1t strikes us that
Colonel Benton is pursuing retaliation against
General Kearny, which il had been better to
have Modified with degree OF forbearance, al
though it was the duty of General Kearny to
know, in advance of his proceedings against Fire.
mont, that the matter would not end with the
decisions OF the court.
With regard to the S25, 900 or $50 900 loaned TO
our forces in California, by Ward and Smith,,
American merchants the following is the state of
the case
Our navy, during our late troubles in California,
being perfectly destitute OF funds, the house OF
Ward & Smith, of San Francisco, advanced to
Commander Hull Chen commander OF the Y.
s. naval forces and military governor OF the north
ern Department. money to pay the expenses OF the
naval and military forces under his command, he
agreeing to pay these. gentlemen in bills on the
Navy Department, at the usual rate OF exchange.
when called upon for these bills, the purser drew,
according to contract for all that was advancedto