The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-10-10

and Mexico in which Lieut.. Col Fremont acted a prom.
inent part the department has not been made acquainted
with anything done by hun which has given dissaisae.
ton and cannot, therefore, be induced 10 make II mat.
ter OF charge Indeed. his conduct this respect was
presented 10 Congress at the last session, with no une
quvocal expressions of approval.
In regard to that part OF your communication which
represents that the whole trial surprise upon Lieu,
Col Fremont that the Witnesses whose testimony would
have been OF the highest moment 10 him. have been e
California while the prosecutor brought along with
him those for the prosecution and that the charges were
not made known TO him till the 18th instant, am directed
to you that has not been the wish OF the depart
ment 10 pecpitae the trial IN this and anxious
TO remove all grounds of complaint this point Lieut.
Col Fremont addressed communication TO this depart
ment on the 18th day OF September IN which he urged
speedy trial. and suggested that he should be prepared 10
meet The charges against him in thirty days The time
for holding the court fixed at more distant day than
iha, indicated by him
Nothing certainly, could be further from the views Of
the department than TO take course in this matter that
should even seemingly be open TO the lmputaon OF I'M
fairness the accused or TO concur IN any procedure that
should in anywise withhold from him the ampes means
of defence Ii will most readily take such steps NAV
be deemed necessary proper TO obvate all objections Of
surprise or uniarness, and AFFORD any facility which NAV
be needul for the defence Should i be made known
that Lieut. Col Fremont wishes to obtain the teshmo
ny of persons at distance an opportunity will be readily
given TO procure it. For this purpose, the meeting Of
the court will be deferred, if Lieut. Col Fremont should
informed at the earliest period, OF his views on this sub
ect II the attendance OF officers OF the army navy
absent distant service, should be desired by him.
is suggested that their names be furnished in order
that arrangements may be made Tor their return am
directed state that the documents and papers specified
in your letter. or such of them to be found the
department, will be furnished soon as they be pre-
pared
The decision on that branch of your letter which asks
for the change of place for holding the court deferred
till il is determined whether, for the pupose suggested the
assembling of the court be postponed.
have the honor to very respectfully your obeden
servant, X JONES, Adj Gen.
Hon THOMAS H. BENTON. Senate u s.
VIM CAREY JONES, esq, Washington
STREET, Oct 81, 1sl7-evenng.
To the ADJUTANT GENERAL:
SIR: In reply to your communication. of this date, Just
received, have to state, the part Of Lieut. Col FIRE.
mont that he knew all the Disadvantages of his position
for want of witnesses from California when he agreed TO
go into trial upon the testimony then in the United States;
that he has had the thirty days which he asked to collect
that testimony; and although Commodore Stockton has
not yet arrived (whose presence is essentially yet he
trial the day appointed, with the full determination to
bring to the most rapid conclusion consistent wha
full examination of the merits Of the case.
With respect to the change OF place from Fortress Mon
this city, have to say that further reflection and
the actual experience of this day convnces that
TIcE Lieut. Col. Fremont requires the change and
further that fully believe that the trial be brought
conclusion in much less tune in this city than any
place of it, and especially place distant and 50
out OF the way as Fortress Monroe
Respectfully, sir your obedient servants,
THOMAS H. BENTON,
WIN. CAREY JONES,
OF Counsel &C.
p Correspondence between Fremonts counsel and the
War Department, further showing that the trial
strictly the plan proposed by kearny, and on his
selected points OF accusaion and also showing the d.
rect falsity of Kearnys testimony page Ga, printed
triaD concerning the charges:
WASHINGTON, November 9, ls47.
{" To the ADJUTANr GENERAL:
"SR: General Kearny having on Monday last, testi-
fed as follows:
'''The charges which Lieut.. Col Fremont is now
raigned are not my charges preferred single charge
now arraigned have been changed from mine.
"'Qnesiion, tby Lieut. Col Fremont Did you give
specification under the first charge relation the cannon,
as Answer. did not
Sand as we have hitherto understood that trial was
refused to Lieut. Col Fremont any other charges
specifications than those founded the allegations set
forth by Gen. kearny, have to inquire whether any
charges specifications in this case have been preferred
and incorporated by any other person than Gen kearny
and if So by whom And also TO request the original OF
the charge charges, and specification specifications
furnished to the department by Gen. Kearny.
"THOMAS H. BENTON,
"WM CAREY JONES"
"WAR DEPARTMENT, ADJUTANT GENERALS OFFICE,
''Washington, November IL, 1S47.
"GENTLEMEN: Your letter of the 9th instant, making
certain inquiries respecting the charges and specifications
Sc in the of Lieut. Col Fremont, has been submit
ted to the Secretary of War; and am directed inform
you that the charges and specifications produced 10 the
court martial, session for his trial. were based
upon the facts alleged and officially reported the de-
partment by Gen Keamy; and is not known under
stood that any charge specification has been introduced
based on facts derived from any other whatever
Is" am also instructed to say that the original charge
and specifications against Lieut. Col Fremont presented
by Gen. Kearny, and other communications from him
ansmted by him to the department. placed in the
hands of the officer selected for Judge advocate, with the
general directions of the department put the matters
Of charge therein contained in proper form and shape
for trial and with the further remark in substance,
that as might be matter OF doubt what the legal
designation OF the offence which the facts alleged would
constitute, they might be, il presumed, set forth
specifications under more than general charge.
1.-The original charge and specifications prepared and
filed by Gen Kearny still in the hands of the Judge
advocate subject TO be produced by order of the court
should it deem the production OF them proper for any
purpose whatever.
"The department would find great difficulty in adopt
ing the conclusion that could ghtfulIy direct the Judge
advocate TO the particular Of conducting the
proceedings of the court, TO submitting TO with
holding from the accused the papers in his hand does
not however, perceive any objection the Judge advo-
may have yield to your request inspect the
original charge and specification prepared by General
kearny
81 am, gentlemen, very respectfully your obeden ser
want X. JONES, Adlutant General.
.'Hon. THOMAS H. BENTON, U. S. Senator, and
civilian CAREY JONES' Esq, Washington"