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

continued TO have IFS full effect until invadated the
examination, when light that the said tier
nothing but familiar Of information from Lieut.
Col Fremont by four mporunate notes written by General
heaIny to him requesting information Of his suation and
ceang from him the fact of Governor Sockons presence
with General keany, and the further fact that he
chief command The letter Mr.. w. p Hall and others
are included in the specifications with criminal mean.
ing attached to Them TO operate illegally and unusy against
the accused until, in the of the trial. the time
upon cross examination and oath show the unjust aud
injurious application which had been made Of them.
It, COL r. Is instructed say that the rule is clear that
military charge and its specifications have the
without the yerbosiy OF indictment and
its counts; that both must set forth the accusation in brief
n'elgibe and triabe form that neither can embody the
evidence OF the case and that paper writing only be
out when it constitutes the e6nce prosecuted and not the
euidence Of the offence.
VII The seventh and last Of the Irregularities which 1t
Col. Fremont would suggest to the Court the apparent
want of prosecutor part Of the charges against him.
The Hon. Secretary of War, (r Marcy, in his letter OF the
9th Of October last the counsel of It, Col Fremont and in
to the application that he tried other charges
of misconduct contained in newspaper publications re-
fused such trial for want of prosecutor deeming such per-
sonage indispensable to the prosecution of any charge The
following is extract from his letter
SIT 1.-THE War Department. cannot occupy the
position of preerrng charges which has
eye be sustained by proof; nor 1pod il deem brober
m ORDER as Is suggested to comply Nth the forms Of Proceed
ing, TO direct cfcer 10 act as prosecutor onMem."
Now il happens that Gen. Keany, iii his xam-
nation, the sixth day Of this trial, follows
'lhe charges rvach Lieut.. Col Fremont araiga-
Cd ia" are not not ~ charges Preferred se charge against
raigned haue been changed from mine"
Consequently far his charge has been changed Brig
Gen. kearny cannot be presumed TO be the prosecutor
substantive and not nominal prosecutor according the
Secretays letter. required before any additional charges
those Of Gen. Kearny could Instituted at the request of
Lieut. Col Fremont himsei and for of such subsan
tive prosecutor Lieut. COL Fremont was denied trial upon
publications deemed injurious to him, and in direct relation
the matter of this prosecution Upon the principle he
substantive prosecutor would be required upon so
much of the present charges the work Of Gen
kearny and that he (Lieut Col Fremont) would have
right TO know who he BY the act of May 30, 1880,
but the President of the United States like the
present. ~ of general officer becoming accuser or pro-
secuor of officer under his command could order this
apd but the officer ordering the court Gas shown
in number two of these suggested egulares could order
or alter the charges sent here for trial.
The act OF May 18th, $780, founded upon wise rea-
sons not to be disegarded in practice. Before that
commanding general might be the accuser prosecutor and
witness against officer under his commandments arrest
hmorder courtappont the mcmbersdirect the charges
revise hepocee1ings the couand confirm dsapprovo
them All this from the old British muny OF George H.
from which the United States rules and articles of war are
mainly copied For the safety of subordinate officers this is
altered by the act referred The President is now to
order the court appoint the MEMBERS direct the charges
wise the proceedings and confirm dsappove the sentence
When commanding general prosecutes subord-
nate. The President is do it, because he the head
OF the army above the commanding general and is the pro-
per person. and the only proper person. judge the probable
justice OF the accusation, the necessity for court the fitness
Of the members the number and of the charges which
the public good requires to be investigated revise the pro-
ceedings OF the court, and to confirm dsapprove them
case in which commanding general becomes the and
prosecutor OF officer under his command The President
is now to do it, The act Of $780, and the Of the act
requires this from him and any other person has directed
changed added to the charges this Court
tried 1t disregard of the act and Of the of the act
OF 1890 and 1t COL Fremont is advised by his counsel
to say to this Court.
In conclusion, 1t COL Fremont that all irregularities
be waived by the general plea Of not guilty, which he put
all the charges and specifications the time Of his agnent
He objected to none of these Irregularities then he objects
none of them Notwithstanding have nothing but trial the
merits He suggests them not for any action of the
Court for advantage himself but through respect to
the law and prevent evil example from becoming precedent
and to vindcae his own intellect from the suspicion of admit
ting the correctness of such proceedings.
JOHN CHARLES FREMONT, 1t. Col. &c.
Whereupon the Court cleared, and continued until
the usual hour of adournmen when the Court adjourned