Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-01-15


Personally appeared before me, James Marshall Justice
of the peace for Washington county, ID. g., Nm Carey
Jones' of New Orleans who, being duly swon deposeh aud
SAITH that all The matters and things stated suggested in
the above paper signed by Lieut. Col j. c. Fremont con-
corning certain questions before the Court Martial now sitting
at the United States Arsenal this city, true accord
ing to the best Of The said deponens knowledge and belief
and that thereof he is ready testify and be examined and
said depoRen further saith that the said facts came to his
knowledge while attending before the Court Martial aforesaid
counsel for the said Lieut. COL Fremont whereof and into
nil the circumstances whereof he Is ready testify and be
amined, into legal investigation Of any kind concerning
which he is ready proceed City of Washington January
18th, ls4s VIM CAREY JONES.
[sworn to before j. MAnsHALL, j. P.l
The Court was ordered to be cleared. When the doors
ware opened il was announced
The Court adheres its former decisions and will not
receive The papers. They will accordingly be returned
Lieut. COL Fremont then presented the following
Mr.. President Lieut. Col. Fremont reads in the reply
which the Judge Advocate made his Qeut. Col f. ~
observations upon what he deemed irregularities in the prel-
minarcs OF this trial, the following words
81 The seventh objection the regularity this trial is
apparent want OF prosecutor on part Of the charges
The charges officially presented to the Court and
tered on the record as charges by order Of the War
Department. on information OF Brig Gen. Kesnythe De-
parment having limited the charges matters officially
reported BY Brig. Gen. Kearny
Lieut. Col Fremont here presents the Court the copy of
the charges against him delivered him by the Judge Adj
show that the fact Of these charges being preferred
by order of the War Department does appear in that
copy and, being advised by his counsel that is Illegal
order and that, IN this the orders for the preemcnt Of
the charges should have been from the President Lieut. Col
Fremont brings the alleged egay The notice Of the
Court for the purpose Of giving his express consent as he
hereby does to alteration correction of the record by
inserting by order Of the President instead Of by order
of the War Department" such be the fact (of which he
knows nohing that the President gave the orders relation
to the charges.
Lieut. Col Fremont is also advised by his counsel that the
of the term Mar Department subject objection
obi ha,
does hereby agree, that the term Secretary Of War may be
substituted in place of War Department And these
TONS he advised, necessary show the legality Of the
Damuch the power of the President the
is judicial and conGded to him for reasons, in
like the present. and be delegated either expressly
by presumption by his act or by legal implication
Anxious that the record should have legal objections
is face Lieut.. COL Fremont consents to all amendments
,essary to make it correct.
The present objection is not matter of form, but of
great substance and Lieut. Col Fremont desires the action
If the Court upon it order that the correction may be made
n any way that will correspond with the fact
]. e.. FREMONT,
Lieut.. Col. Mounted Rifemen.
Upon which aer closed session of some time there
he following decision
This Court has before decided in another involving
be point that cannot go behind the admission OF the
harges before in the usual form OF auhenticaon inquire
nto their origin authorization.
Nor, the Court had the power TO behind the due
ca reception Of the charges here could assume the
entertain the question whether the authority OF the War
department. is the authority OF the President
Nor further is it to be considered by this Court whether
usual style, in documents and emana,ing from the
department. of War; be the Of the words War
department. instead of the official designation of the Secre
Try of War; Though the law organizing AN Executive
department, be denomnaed the Department of War;"
recs the prndpal officers therein to be called the Secre
Try for the Department of War; who shall perform and
such duties shall from time time be enoined
ntrusled him by the President of the United Staes &C.,
Court could undertake decide whether the
ssignaons /" War Department and g Secretary of War"
sufficient designations may be used for the other,
official acts.
The Judge Advocate may make any correction in the copy
the charges furnished the accused which be needed
lake them conform TO the copy on the record of the Court
Lieut. Col. Fremont then presented the following
Mr. President Lieut. Col Fremont offers the Court,
violence TO be used in this case the certified copy OF the
espach herewith presented being official instruction from
he President Of the United States dated June IA 1s47 TO
he Naval Commander the of California and in the
Pacific ocean. Lieut. Col +. deems this paper material 10
being authentic declaration from the President that
he conquest Of California " ercusirei devolved upon
he navy the of the war; and that the
brought with it the necessity of civil government, and
hat Commodore Soat informed, the 18th OF july
s46 that such government should be established under his
protection. And such government having been actually
established by Commodore Stockton, Commodore
os in the month Of Angus. Of that year. this instruction Of
he President becomes ratification Of what he did, being in
xact conformity the Presidents intentions, well IN
xact conformity 10 the laws of nations.
He also offers this paper for the purpose OF showing the
Presidents intention that the naval commander on the Cali
orna station should be informed Of Gen. Kamy instructions
eore he himself arrived there and that "contrary 10 az
rpectaiiOn, this despatch did not reach California until
.fter the dyrirdl there of Gen. Kedrny.'
1t is also offered for the purpose OF showing the stress
aid by the President the instructions OF the 9th OF NO
ember, 1916, being the first explicit instructions to the
laval commanders "fo reiinguish" Gen. Kearny or COL
Jason the entire control the military operations and the
functions Of government and TO "furn ope
him all papers necessary the performance OF his duties
nd that believed that this explicit despatch OF the 9th
November, 1916, might "anficpate The drsirai ~ Gut
orna Of Gen. Kearny" which il proof that it did not
md in fact all the difficulties had occurred between Commo
lore Stockton and Gen. Kearny before this despatch arrived
He also offers for the purpose Of showing that similar m
trucons stated at page of the paper oered were ds
,atchedto Com Stockton the l4th day Of January ls4T
which happened be the very day that he and Gen. kearny
concnding for the supreme command at Los Angeles
consequently that all these instructions too late to
collision between the naval and military commanders
lie also offers il for the purpose Of showing as does at
he bottom of page that the misappreheonS between
he naval and military officers have been removed By the
ery explicit instructions Which hare been received
that country" from the Departments Of War and Navy,
hereby admitting that the explicit orders had arrived gffer
he evils bad happened which they intended 10 prevent
He also offers 1t for the purpose OF showing that The
Instructions General Keay Of the Sd and 18th OF June,
$780, in regard the conquest and government OF Caor
la conced with those Of July II, 1916, (uness incnded
contingent and subordinate directing civil government
be formed under the protection Of the navy, and the
nv 10 be held az by the naval forces at the concu
ion of peace with Mexico which ORDERS being poseror in
late TO those Of General Kcay, superseded and annued