Weekly national intelligencer., 1848-01-29


Of all that passed that interview of the letter. from my
the beginning my era at the end ani not one
word OF my letter conradced in the whole account will
anayze its statements of law and fact far they apply
this charge dsobedience Of orde and show 10 be
complete efutaon Of the charge founded upon The letter
the of my deonce and tho development Of lis positions
will make its leading Argument am advised by counsel that
1t is complete in ITSELF and, such as written that
ing needs aid from subsequent reflection legal advice
and that letter is both for tho law and the fact stand
all the multiplied trials which founded upon it.
II fixes the time ofsending the countemandng order
me most material point which could not be fixed by any
examination cross-examinaion of Gen. Kearny All the
NEUTRALITY-SUSPICIOUS. put TO him. and by all paes-hc Judge
Advocate, myself and The court, left the Time OF the day
cea, and lead TO wrong time, as being at period OF
the Gay, and the foepart Of the day, of the 10th Of
fixes the time opens with fixing it, II fixes to the night
The first line acknowledges the receipt OF your favor G the
counermandng otder) Of last night" No denial was made
Of having sent this order at night and thus that point was
confess d.
1t fixes the character in which myself then acting,
and knowledge of which material to the case and
difficult TO be obtained from the prosecuting witness shows
that was military commandant OF the Territory, and that
the order requedto from executing an order
IN relation TO the battaoa under my command military
commandan It fixes the fact that the order in
that capacity for my letter asserts and not
dicted by Gen. X. when read by him.
g. 1t fixes the character of Commodore Stockton giving
me the order to reorganze the battalion for it him
as giving the order and describes him governor and
mander-in-chief in California.
1t fixes the fact that on my arrival at Los Angeles Il
January Com Stockton exercising the functions of civil
and military with apparent Difference TO his rank
BY Gen. kearny for that is asserted in the letter. and
not contradictel by him.
s. 1t also fixes the fact that the march from San Diego
TO Los Angeles Gen. Keay discharged duties implying the
supremacy of Com stockton for that is asserted have
been learnt by from conversations with Gen Keavny him
self, and was not denied by him.
These impoytanfac five number fixed and established
by the letters for they not denied when the letter was
read advised by counsel that the law takes for confess
ed whatever is said to in his presence and
tradicted at the time by him. Gen. X testimony, profess
ing to give full account Of all that said both sides
during the whole interview the reception of the letter.
silent upon all these points and is too late now to think OF
conadicng what then, by all the rules Of evidence
irreyocably admitted That letter. and It's delivery in bis
presence and being read presence besides contain the
facts Of the case and the law Of the care, becomes also tie e
dence of the If that order had no, been written sent IN
the night that the time for Gen. Kearny 10 have said So
If the order had not been intended for Ie in my capacity of
iary commandan Of territory, aa the time for him
TO have corrected my If Com Stockton not then
gorer,aor and eOmmdndy-in-chi ia California then was
the time for him TO have todme IL Com. Stockton had
been exercising the functions Of military commander and
cir gOcerpor from the month of July preceding then was
the time for him to have conradcted the assertion OF in
letter. If had not found the Commodore exercising the
functions my arrival at Los Angeles three days
before with apparent Difference the part Of all officers
Gen. Kearny inclusive that the time for him to have
denied the assertion at all events to have protested against
OF officers If had not learnt the conversation had with
himself that, in the march from San Diego, and also there
Los Angeles he had entered upon and discharged
duties implying, his part, acknowledgment OF Com
Stocktons supremacy, then tho time for him to have
told that lbored under total mistake in my under
standing Of bis Conversations II there question OF
rank then Con the 18th Jam depending between himself and
Gov. Stockton, he ought have said II il had not been
right for 10 remain until they adjusted that
question, then the timo for him to say to III
the difficulty not between the two spenors alone,
then the time for him have cast upon If hal
reported to him receired orders from him, surely
the time TO tell when he reading that last pa
ragaph Of my letter. which the contrary is asserted the
declaration that should have report and receire orders
AS HERETOFORE" from Com. Stockton. IL all any Of
these points were true then was The time and there
the place, and that The TO have denied them
Denial omitted then cannot be supplied And both law,
and justice require my uncontradic,ed letter of that
day established truth this between
Gen. kearny and myself.
Clear and strong its facts the letter equally just and
legal in IFS conclusions Il does refuse obedience TO Gen.
Kearny, bot deeTs il until he and Com. Stockton adjust
the question Of rank between themselves respectfully sug
CESS TO him that the settlement Of the difficulty belongs 10
himself and Com Stockton and concludes with stating that
until this rank is adjusted would have TO report and
ceive orders, heretofore, from Com Stockton Now, all
this, advised by COUNSEL Is both law and reason and
prove this law and this reason, my duty before this
Court. proceed to do it,
First II shows that there was question Of rank admit
ted by Gen. Keany be depending between himself and
Trajectory order declined the responsibility and think
rghfuly for in the first place, is for the subordinate
TO decide between his superos He has no legal power TO
do no legal power to require submission from the ono de-
cidcd against and If he used physical force, might in
dco1 be Of muny and that in its proper sense OF a
military rebellion. Besides decide which way be might, bis
danger would be the Having right power TO de-
eide between themny duty being passive not actiyethe
only safe legal open 70 remain as
reporting TO and receiving orders from Com Stockton.
considered the question lie between the two superors and
that seemed to be their opinion Of from Their
pondence at the time, 6th and 18th Of January) The
concluding wods Of Gen. Keanys letter 10 Conn., Stockton,
OF the l7th Of January (eghh day Of trial. are express to
that point These words material TO be Iaraphrased
or put Oft with reference They these
".fnd as am prepared carry on Tie fresidefs insc-
hons 10 rich OPPOSE fnn f0r The purpose o pre-
CIVIL WAR IN coNsEouEScE OF remain SILENT for e Pre-
SENT, eGring lcih the great RLsroNsihrLITr edoing
THAT for wac hare authority, and PREVENTING NE
from complying NTH the Preadenf's ORDERS"
This extract and the whole cotemporneous correspondence
between the two superior officers, beginning at San Diego
when was the march from Monterey shows thst the
test between hem and il shows ao the serious point
which had arrived The time OF writing the letter, from
which this extract taken, is the maicJa point, and
that sufficiently asceraDed the examination Of
Gen. Keany the eighth day. II asceaincd TO have
been written, after my refusal 10 obey him. against Com
Stockton The conclusion Is inevitable That refusal pre-
vented the collision and cr which The latter mentioned
asbcing for the present prevented prevented it, NY
ward has been have the directed against myself and
to be tried for capital and infamous crimes, with base and
did motives attributed to me.
The question is dsobcdence Of odersthe order moi,