The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-30

4 ",
effect Is the upon this prosecution This is not the
case an officer prosecuted for not obeyng Instructions,
in which be shown they TO his hands
prosecution against me- successor to Governor
Stockton, for doing What the instructions commanded In
this case the OF the orders an additional merit
in complying with them and such Is the case win the
orders IN question
''These instructions month later han those
General kearny and not only specially conde the con
quest preservation, and civil government OF California 10
the naval commanders but require the naval forces TO hold
The country TIL the peace, and direct General hearny 10 be
informed accordngy and further informed that all THIS
instruction to the naval commanders had the sanction oil the
President"
This point of supremacy between Stockton and Kearny
well pleaded by Col Fremont in his Defence" before
the court martial page 4l6 OF the trial He there said
after recaptuating the naval orders of November and
January 1885, and May and June. 1917;
"Al these dispatches too late. The mischief all
completely justified, and Gen Kearny wholly without
for attempting make himself governor in California
he would have commence with disoganizing estab
shed civil government before he could begin to organize
His whole conduct from the day he met Mr. Carson,
contrary the intent and meaning of his instructions
He conquer California: it already conquefed.
done He 10 lead army TO California; he took only
personal He turned back two-thds of his dra-
goons he should have turned back the WHOLE and himself
with the He should not have applied Governor Stock
send him aid San Pasqual, and the hill of San
Bernardo If he intended to contend with him for su
premacy after he there He should not have attempted
to found claim to the govemoshp on the victories OF the
9Th and 9Th of January after the realization of his claim by
Commodore Stockton Mt San Diego He should not have
pretended have been commanderinch,ef the arch
10 Los Angeles in order to found upon it claim to the
govenorship in right OF conquest He should not even II
The letter OF his instructions had borne him OUT (Which they
did not have attempted take The fruits OF conquest from
those who had conquered the country before he came IT,
and without whose he ping hand he could have got
~ have made clear the right Of Governor Stockton,
under whom held the governorshp OF California at the
time of the done which is charged III the cifcaons
under examination to be governor himself upon his own
assumption OF the office, and afterwards TO appoint me his
the law of nations until disapproved by the President
the incumbents in some way lawfully relieved or dis,
charged. Having done this am instructed by counsel
10 IN
January in declaring that all this difficulty in California
was question between my two superiors which should
have settled by the government between them and
settled in person by trying me for mutiny and dis
obedience against one of them-charges to which might
have been well exposed in disobeyng the other And |
further instructed by counsel to and repeat, in
the War Office by them in my name against the LILLE.
GALlTY I'M STlCE OF thus trying the
Com modore Stockton and General Kearny for declining
the responsibility of settling their disputes of authority
Surely this rapid peroration TO Of the heads in the
Defence" places in clear and high relief the justification
of Slocktons authority and the conflict between the mill
tary and the naval orders. But, STOP senator's There
upon that conclusion no less than the extraju
dicia and gratuous pe dirt, or ps direrunt, of the
famous Fremont court martial always meaning the I'M
excepted members, Collateral Graham in the lead never
the excepted ones-Brooke. Hunt Taylor, Baker That
court besides finding Fremont guilty upon all the charges
and all the specifications besides finding false verdict
against him on the eleven specifications of the muhny
charge the term ialse" in the common law Of
the term, and that kind of verdict for which
common law Jury, being convicted by double Jury,
would lose their privileges OF free and become for
Infamous their houses to be pulled down. their trees
be dug up and their wives and children TO be cast into
CHARGE disapproved by the President and verdict
against evidence all the essential specifications of the
charge for disobedence; and verdict ,cout evidence
all the specifications under the charge for conductpre
judicial to good order and discipline besides all these
verdcs and of dismssion this charitable court
if afraid that the President might remit the sentence
the ndugent world still think kindly Of the young
officer superadded under the head OF remarks, extra
udclaly and grauously, seven distinct and separate
faIsehoods; with one of which alone propose to deal
present. and of that one shall make short work But,
first let have the remarks. They at page 339 of
the printed trial:
''Remarks by the court.
The court deems il proper, in view of the of
dence the record remark that the has
willing confne the accused srictegal Defence which
appeared TO lie within narrow limits
Considering the gravity of the charges the has
allowed defence the fullest scope lis power to develop
relating the alleged misconduct, well mpeach
leading witness Tor the prosecution The court has
approbation in the final Defence of using unfortunately
matter which had been rejected admitted in evidence
tde of defence the court has found nothing conflicting in
the orders and instructions of the governments nothing i'm
nothing fine qualify a legal sense the resistance
to authority OF which the accused is convicted
Tbe attempt assail the leading witness for the prose
cuon has involved points not in issue and which the
prosecution has brought evidence. In the judgment Of
the court his honor and character are unimpeached"
pause to make collateral remark for the nforma.
hon OF that part of the senators who have not been called to
make themselves acquainted with the law martial have
TO say order 10 account for the unanmty of the courts
martial IN giving sentences when there division on
the finding, that, IN every of finding guilty, every
member, including those who voted the party innocent,
must JON In voting some punishment; and where that
punishment is fixed, and not discretionary they must
vote I-even death, to man voted innocent by them
This was the case in Admiral Byngs trial. Four men,
bers voted him nnocen-not the only coincidence in the
Fremont a-and these four compelled to vote his
death, with the rest under the bloody ttceM article" of
the British rules and articles of Withholding but the
copied, with little amelioraton alteration, except from
some late acts OF Congress Byng was shot-hs SEN
tence being voted by four members of the who had
voted him innocent. He could neither have been shot
upon that sentence, convicted of any offence if
the court had sat with open doors But of this, and its
application to the Fremont case, no more at present
There is hereafter.
return TO the pont-the false remarks superadded by
the courts and OF the seven take up one reservng the
other SIX for future That is in these words:
ne court has found nothing conflicting IN the orders
ana instructions OF the governments and of that
say is false, being proved by the orders themselves,
and SO admitted In the naval despatch of the 18th of
June say also, that it is fraudulent the court having
refused to entertain the part of the defence which went
despatch OF the 18th of June, and the argument which
inroduced to 90 upon the record and showing them off
INTO the appendix, pages $685. 366, 367, 1868 In that
appendix they will be found lumber and trash not
belonging to the trial. and having influence upon it.
And after that, they found verdict upon it--verum
d'etmm-true word; God save the mark This is what
call a fraudulent finding, well false and extra
Judicial one; and have presentment that over
hauling is to come, which is to add another the
ogue of epthets by which this subservent finding to
be characterized
Upon this view of Commodore Sockton's authority in