The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-30
do anything desist from doing anything alter any

thing on your tmyl demand.'"-
Reamy 10 Stockton, 18th Of January
| u am informed that you engaged in organizing
acvii government, and appointing officers for il In rhs
Territory As his duty has been specially assigned tf1ly
sel o orders OF the President OF The United States
veyed IN letters TO me from the Secretary of War OF June
and IT, 1886 the original OF which gave you the 18th
which furnished you with the 10Th December have
No ask II you have any authority from the President from
oecrey OIL the Navy, or from other channel of the
PRESIDENT TO form such and make such appoint
rhis ule WIN certified copy OF H. viii cheehuly ac-
luiesce In what you doing If have not such au
relating to the formation of eiva government for this Ter
perform duties conhded to me 10y the President
| Stockton TO Kearny 18Th of January
sin answer received this afternoon, need
in conversation San Diego That California CON
quered and civil government put INTO successful opera
Of the Territory and the of the officers selected
TO them faithfully executed were transmitted to the
President OF the United States before your arrival in the
81 viii only add that cannot do anything. desist
which viii submit the President and ask for your
call In the meantime, you I'LL consider yourself suspend
ed from the command OF the United States forces in this
place"
| This was the bone of contention, or rather the bone
that kearny wanted TO gnaw was the governorshp
OF California; was the organization of the civil gov
eminent for himself, his Seqmtors and seruors that he
was after The war was over The chief military COM
mand nothing; the civil government was the prize
and for that the issue made up demanded by one,
refused by the other and the California battalion fight
if Fremont could have been seduced terrified into the
service OF Kearny. And Fremont has been sentenced to
be dismissed the service for not SO fighting But of this
hereafter. | now go to sustain the legality of Stock
toms refusal to submit to Keany make the statement
| preliminary to the proofs.
The statement is this:
L. On the Sd and 18th of June, 1885, orders trans
med to Gen. Keany from the Var Department TO pro-
| tied affairs in New Mexico.
o On the 18th of July following orders went from the
Navy Department to the naval commander the Cali
lorna station Gas previously ordered to take and hold
possession of California and leave the United States in
actual possession of it, through their forces, the
cuson of peace with Mexico.
g. On the 5th of November the first orders went out
from the Navy Department, directing the naval
mander in California to 'renqush" the land command
and the civil government to General Kearny Colonel
| Mason.
4. Similar instructions sent out from the Navy
Department January H., lS47.
5. Similar instructions sent out from the Navy
Department May 10, lS47
8. Similar instructions were sent out from the Navy
Department with general recapuaton OF all previous
This is the statement of facts Now for the facts them
selves and, to abbrevate labor, and the con-
cuslon at once, and to do justice to the President and
the Navy Department for their exerons to prevent
clash OF authorities in California Urom conflicting or
ders when their eyes became opened the probability
OF such clashng, will read at once the despatch of the
18th OF june which recaptuates all the previous orders.
preceding it with the law argument to the court martial
in favor OF its reception by Col. Fremont
The .-Appendir-Pages 1856 of the trial.
argument from Lieutenant Colonel Fremont Offering
despatch from the Navy Department.
"Mr. President Lieutenant Colonel Fremont offers to
the court, as evidence TO be used in this certified
copy of the despatch herewith presented being official
instruction from the President OF the United States dated
June H. l8i7 to the naval commander the coast of Cali
'ornia and in the Pacific Lieutenant Colonel FREE
authentic declaration from the President that the conquest
Of California was 'trcasiuey' devolved upon the navy
at the commencement of the and that the conquest
brought with it the necessity of civil government
ma Commodore Soat was informed on the 18th of July
o4o mat such government should be established under
ms protection. And such government having been ac
Commodore Sloat, in the month of August of that year. this
instruction OF the President becomes ratification what
tons we'll as in conformity the laws of nations
also offers this paper for the purpose of showing the
fornin station should be informed Kearny's in
G before ne hmss arrived there and that ee
until after the arrival there of General Kearny-(Page
of the paper offered
laid by the President the instructions of 9th No
vember 1916 being the first explicit instructions the
Mason the entire control the military operations and
the administrative functions of government and turn
dutie and that bscped that this explicit despatch
Of the 9th of November 1885, might anticipate the arriuat
did mott and, in fact all the difficulties had occurred be-
tween Commodore Stockton and General Kearny before
this despatch arrived.
e also offers it for the purpose of showing that SINH
af as "a, page Of the paper
OF January 1917, which happened to be the very day that
he and Gen kearny conending for the preme
nand at Los Angeles and consequently that all these in
structons too late prevent collision between the
naval and military commanders
He also offers 1t for the purpose of showing does
at the bottom OF page that the 'maprehensiOns' be-
moved by the very explicit instructions (which have
been in that country from the Departments of War
and Navy; thereby admitting that the explicit orders had
arrived after the evils had happened which they in
tended to prevent
SHE also offers them for the purpose of showing that the
instructions to General keany of the Sd and 18th of June
1885, in regard To the conquest and government of Calo
mia, (uness intended contingent subordinate) con-
ment to be formed under the protection of the navy and
the country to be held conquest by the naval forces
and to be found through said forces the conclusion
with Mexico which ORDERS being in date
until the subsequent orders of November g. 1896 (caed
definite instructions in the despatch of June 1919
rived in California which Gas before stately it has been
proved did not arrive until all the difficulties had urcd
SEAS Lieutenant Colonel Fremont considered this trial of
himself to be that of Commodore Stockton in his person.
and that the decision OF 1t involve examination
the California station in relation the and gov
eminent OF California; he, (Leuenant Col FremontD
while protesting against such trial. claimed the OF ali
the naval and military instructions applicable the
as fully he actually Commodore Stockton trial
before naval martial The President gave order
nave hlm furnished accordingly and among the
furnished is the despatch offered, dated above
stated and signed by the Hon Mr. Mason Secretary the
fence he therefore asks that be received evidence
| and entered on the minutes OF the court"
The napat instructions of June ii, lS47.-AprENpIx
"NAvY DEPARTMENT, June IL, 1917.
| "SR BY the arrival of Pa ssed Mdshipman Beale, de-
spatches have been received from Commodore Stockton
bearing date February g. SH; and by the arrival of Mr.
Talbot, communication has received from Com
| al M Rra ta