Weekly national intelligencer., 1848-01-29

chief in California and had right 10 be regularly relieved
II any instructions had terminated my power and had
right to depose by force and violence. The statement
which shall make is based upon the evidence given
by different witnesses who testified 10 the points shall mem
on, Of whom Major Gillespie, Col Russell, Lieut.. Minor,
oil the navy, Capt Cooke and 1t Loker the principal
Alter the capluaion of Couenga the country Immediately
snbsded INTO profound tranquility and security Of life, per-
son. and property became complete any part Of the
United States Travelling at home single or in company,
armed or deenceess, all safe Harmony and good will
prevailed and trace of the suppressed nsurlecon or of
resentment Tor what was past any where SEEN lived
alone, after short time in the ancient capital Of the gov
general at Los Angeles without guards or military
poiecionthe battalion having been sent off nine miles 10
the mission Of San Gabriel. lived in the midst Of the
people, in their ancient capital administering the govern
any governor lives in the capital Of any of our States
Suddenly and in the beginning Of the month Of March, all
this changed Men armed 10 the teeth galopng
about the country Groups Of armed men constantly
seen. The whole population in commoton, and every
thing yerged towards violence and boodshed For what
cause The approach Of the Mormons, the proclamatons
incompatible with the capuaton OF Couenga, the prospect
that to be deposd by violence the anticipated
ment Of Government liabilities and the general insecurity
which such events inspired. Such the deter
mined to TO Monterey to lay the state Of things before Gen.
Kearny and gave all the orders necessary preserve
qnity while was gone then made that extraordinary
ride, Of which testimony has been given. Gen. Keany
the only witness before the Court what took place Mon
erey. He to know but of two my interview
with himthat nsulted him, and offered to resign my
mission 1t hardly be supposed that rode four hundred
miles to Monterey, in less than four days. and back in the
time, for such puposes yet these the only things
done in that visit established by the testimony before the
Court. To the question whether did not mention the Gov
ernment liabilities, the that he did recollec il
but would have refused if the application had been made.
That was ntenogated in presence of Witness and admo-
nished of the importance of my answers proved by himself
1t at that time already resolved has appeared
arrest and try for mutny that something of
portance to still seemed TO be impending. little time
allowed for to consider No communication was
made 10 me-o the instructions Of November s. Supposing
that was to be deposed by force and violence submitted,
order prevent that consequences and the injurious results
to the public service that must follow such contest and
turned to Los Angles
These the meager facts which the evidence discloses
and which rely for my defence all the allegations of
this specification
But think it proper add, that the orders embraced in
the specification, though they all complied with,
as the state of the country would allow were, with single
exception, that Of remustering the baalon illegal The
instructions of the 9th Of November direct that the nap
aader shall srenquish" Gen. Kearny, or Col Mason,
the control Of the civil administration and turn over
him all papers connected with it. Simple obedience the
instructions themselves therefore, made their communication
me- and my consequent regular and lawful relief from the
governohip, necessary and all orders of Gen Kearny,
any other person, inconsistent with that unlawful while
the concerning the archives contrary the express
letter of the instructions
Specification g. under the charge Of mutiny, and under
that Of dsobedence of ORDERS based the act and
receive the with the last mentioned specification
Specification 8, of mutny is based upon the of order
ing the collector at San Pedro the 2ls of March,
ceive Government paper in discharge Of public dues and the
that the order in writing Of that day
verbal order previously gven the officer wishing the written
order for his justification that neither Commodore Shubnck
gave notice Of the Presidents instructions Of Novem
Der S. 1916 and that had them until week alter
wards Monterey, yielded to what believed to be design
to depose by force and violence from the govenohp Of
California
Specification 10, of the charge Of mutiny, and of dis
obedience of ORDERS all refer to acts done when
and in California, and in alleged
violation of the order of January l6, ls47 refer to my
previous show that governor at that time,
and to show the luly and nappcably Of the orders Of
January l6, lS47
Specification II of mutny and of dsobcdience of
ders based the that of not obeyipg the order
to repair to Monterey, given to the 26h and 2Sth
days OF March, This failure obey that order is sufficiently
accounted for in the testimony which shows tho danger Of
travelling that times and there nothing its face
in the testimony in relation to it which showed it to be
gent that the public service required risks Of person
fa in attempting to comply with it. The words, g" desire
to yon in this place, &C., used in the order
to within the meaning of order to be obeyed all
hazards And the first clause Of the order written the 2sh
day Of March, directing consider all instructions
ing from him (Co Mason) they had from General
Kearny himself seemed to encourage the idea Of the
OF urgency in the desire Monterey. The
following is the clause OF that order
"HEADauARTERs, 10Th MrLRr DEp'r,
Monterey, California March %, ls47.
ms wl De handed 20 you by Col Mason st ORA, ira,
authority give such orders upon all maters
both civil and military in that section Of country he
you will be considered as coming from myself"
The execution Of his order and of consequent add-
tona orders given by COL Mason, occupied much
time that became impossible to reach Monterey within the
period fixed by him. and delayed my departure until it
further nteIeed with by the condition Of the country
As further TO ell the orders given on and
after the Of March, ls47 advised by counsel say
that they violation Of the orders Of General Scott of No
vember g. ls46, to Gen. Kearny in which the following
words
1T that Lieut. Col Fremont the United States
rifle regiment, was July last, with party of in the
service of the United States typographical engineers the
neghbohood Of San Francisco Monterey bay engaged in
joint operations against Mexico with the United States squad
that Should you find him there, IL is desired
that you do dean him against his wishes moment longer
than the necessities Of the service may require"
This order carried out by Col Mason, and the
hands Of Gen. Keary before any orders issued by him with
respect the M Of March, which day he addressed
official letter me- recitng that he had the directions Of
the generlinchief detan against my wishes
longer than the necessities Of the service required and
leaving "iJrt to leave the country after had
piled with the instructions in the letter and with the orders
fercd to- rely upon the concluding paragraph Of this Off
letter prove that Gen. Kearny, at that ne could
have considered criminal and worthy Of the prosecution
carried on any Of mine previous TO the writing letter.
Tin the defence submitted TO the Court copy Of the
letter sinserted but have not transcript Of il.
Having now answered all the specifications under the
charges Of muny and dsobedience Of ode have say
that the which these specifications founded
- n l. L. r. 49, H.