The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-12

he
cumbeng the record with such charges would be useless,
say improper IL there should be no proof whatever
TO sustain them. (and it believed that the prosecution
could produce none proof could be required rebuff
them indeed u is quite ee lain none would be heard oy
the refue what bad not been sustained and on
this yew the trial would back the same
state which would be without such additional charges
THE would be confined to charges and specifications
n support of which material evidence had been Of
eed part of the prosecution What range of defence
under them viii be the right OF Lieut. Col Fremont % ake
tor determine but il be doubted that
will be ample Tor all the purposes of setting his conduct
la relation what took place IN California before the
Of hostlities between the United states
and Mexico in which Lieutenant Colonel Fremont acted
prominent part, the department has not been made ac
quained with anything done by him which has given dis
satisfaction aud cannot there fore be induced make u
of charge Indeed, his conduct in this respect was
presented CONGRESS the last session with unequvo-
| cal expressions OF approval
.In regard 10 that part of your communication which
represents that the whole Trial is surprise upon Lieut.
Colonel Fremont; thar the witnesses, whose testimony
would have been of the highest moment to him, have been
left in California; while the prosecutor brought along with
him and that the charges
made known to him all The 9TH instant am directed
you that has no been the wish of the depart
precipate the TRIAL Ia this and il is anxious
all grounds OF complaint ON this point Lieut.
Colonel Fremont addressed IA communication TO this de
partment the Nth day oil september, IN which ne
urged speedy trial. and suggested that he should be pre-
pared meet the charges agains, h In thirty days The
time for holding the court fixed at distant day
than that indicated by him
the department than take in this that
should seemingly be open to the impo,aton Of I'M
fairness 10 the accused or 70 coen IN any procedure hh
of defence Ii will most readily take such steps may be
deemed necessary or proper TO oovae all objections oil sur
neediul for the defence Should 1t be made known that
Lieut. COL Fremont wishes to obtain The testimony OF per
distance, an opportunity will be readily given TO
procure IT, For this purpose, the meeting oil the court WIZ
be de terred Lieut. Col Fremont should object that
course. The department d. sres to be informed al the
earliest period, 81 his views this subject II the attend
ance Of officers of the army or navy now absent on distant
ervce should be desired by hun it is suggested that the
names be furnished, IN order that arrangements may be
made their am directed 10 state that the doc
and sDecfiei such them
be found in the department. Will be furnished AS
soon as they can be prepared
ant General for the counsel OF Fremont to answers and
that the offer grant delay on account OF the sur
prise complained Of To that offer the answer was
turned the same day. entirely declining il, thus:
''SIR; In reply your communication of this day, just
received, have state the part of Lieut. Col Free
mont that he knew all the disadvantages his position Tor
Of witnesses from California when he agreed 60
into trial upon the testimony then IN the Uncd States that
he has had the thirty days which he asked to collect
testimony and, although Commodore Stockton has yet
arrived (whose presence Is so essentially yet he wishes no
appointed With the in determination to bring it to The
most rapid conclus on consistent with fail examination OF
the merits of the case
trial and the air which ii assumed certainly still
greater surprise upon Kearny He had to all
means tie save it oh-sent away his own wtnesses-ap
Piled to BeDtons and Fremont friends Tor reconciliation
and tried the virtue of newspaper articles TO promote
accommodation The dlato OF the departments (Grund)
writing in the interest OF keany, the alert and
=
puncilio-a affair OF etiquette only between honor
able would be made up but for the obsinacs of
Senator Benton. 1t was not made up and will not be
The proof is complete that ruin by delay, or ruin
by pdrie trial, was the plot of Kearnyhat he had
prepared his for either mode of rnbut evil
IDENTIFY PreieIring delay when he saw Fremont invoking
the trial The proof is complete The third step IN the
plot proved up; but 1t is not the last step, the high
The plot rises, the guilt deepens. But neither the
height OF the one nor the depth OF the other yet at
tanned we must rise another step.
We have had three gradatIons OF this crime, each
ing above the other: first not telling of the intent to
rest secondly, telling untruths 10 conceal III thirdly
bringing his own witnesses without notice 10 Fremont
to do the same We have now to mount grade higher,
and show Kearny keeping away the witnesses of FIRE.
monta general keeping away the witnesses OF has su-
bordinate
We go hack to Monterey, the OF that dastardly
outrage, and have to recoec the exhibition of the topo
graphical party IN public street. for the pretended pur
pose of dschagng those who wished 10 be discharged
and bringing home to the United States those who wished
to return. This business with which Kearny had
no concern The men were citizens in civil life, and
under contract for service upon wages. kearny had
authority over them but he assumed authority, and ex
ecised It, and now will see for what purpose, and in
what way. The book shall talk Listen to it at page
ll3-Fremont the cross inerrogator-kearny the wit
ness-the military courtroom the scene-the subject,
that view in Monterey in the street opposite Keanys
quarters.
"Qucstion. Did you leave of the men of the opo-
graphical party behind in California
answer Some of the volunteers asked to be discharged
in California and directed Lieut. Colonel Fremont
charge them accordingly l will explain. When Lieut.
Colonel Fremont brought his command mounted O
my quarters asked OF them if any wished be dis
charged in California. Some did wish it, and gave the
directions Lieut. Colonel Fremont accordingly dis.
charge them Those who wished be discharged sepa-
rated themselves from the main party, and moved to
side Of the street."
Long before the time of this gratnous interference
had been perfectly settled between Fremont and his men
who were to be discharged, and who TO return 1t re.
CURED no Interference from Kearny effect the discharge
vi any one. Each did he pleased Some remained,
recommended to do SO by Fremont for their own good
Others, about twenty IN number most of them intending
to return to California, were perfectly determined not to
trust Fremont to cross The continent alone with kearny
and his Mormons These devoted men refused to be
discharged, and lost sight of their beloved com
travel, in the oKeamys horses servants and Nor.
We will now let the book proceed, for additional
interrogatorles became necessary, page ia:
"Question Did you leave Mr. Kern, the artist and Mir
King, assistant behind! And they yet behind p
"Answer. Those gentlemen left behind in Calior-
mia, not by my orders or directions"
A very cautious answer this. Those gentlemen were
left behind Who left Them That is not told il is
only apoogecally answered. by my orders or dlrec-
tons He not asked if he had given orders or d.
rections for leaving these gentlemen behind he was
simply asked if they left 1t does not require Or
ders and directions TO effect the leaving of behind
is sufficient that the ship sails, or the party starts with
out giving him a chance to come with the rest So
Robinson Crusoe found it, well as King and Kern
The fact that they LETT behind and that by Kearny
and after he had assumed command over the party and
wished to return is established That point estab-
shed, the cross interrogation touched another thus
"Question. Did you leave behind and refuse Lieut. Col
Fremont permission to go Yerba Buena for them, the
geological and botanical specimens which he had been
collecting in the two years OF his last expedition