The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-12
In SENATE or THE UNITED STATES.
EXECUTIVE SESSION. July. isis.
Nomination Of Brgadier General Kearny for the breue
Of Major General.
SUBSTANCE OF Mr.. BENTON'S SPEECH

Starting with the high offence OF noi 'ehs s 1oe. "
his design to arrest him. TO the crime oil telling nun
untruths conceal that desgn now rises higner SUI,
the complicated plot Of conving the un oil an oi
This Il the point al which the npeDng and advancing
plot of Kearny has now anved and ms select agent,
the leader OF his Mormons IN California and his own
witness brought home with him the United States to
testify against Fremont, shall be the man TO prove il
The testimony this head thus opens l2S of the
trial-Cooke under cross interrogation;
Question. Where il first made known you BY
Lieut. Col Fremont
ANSWER. He made il known
Question. Did any his behalf make II known
.'Answer. No"
This was unexpected answer. Cooke was known
to have been, not merely the confidential of Keany but
also the confidential OF his representative, Mason whose
select and standing witness he Los Angeles in all
those interviews which led to the duel that to have
been. His disappointment, both to the
not convincing; and two days afterwards. at page 47,
Fremont returned to the point in question suddenly
offered, and bitingy searching. 1t was this:
Kearnv or anv one ON 81. behalf of his intention o have
you witness against Lieut. Col Fremont, do you make
between direct indirect Information, between be-
c or positive knowledge or do you mean TO say that yon
had knowledge of Gen Kearny intention use you a
until the subpoena order served upon YOU
say at Vera Cruzr'
As was expected. member of the court objected to this
question: process which always had one good effect
certain, and might have two il would clear the court
and give the witness time to explore his memory. The
he would waive the nquiry-a justable ruse, under the
circumstances and considering the apprenticeship to learn
ing the business of Witnessing which he saint George
Cookie had served under the dragoon colonel Mason
Los Angeles The question was treated a trife BY
Fremont, and allowed to be put The record tells
the story thus, p. l4S:
"a member objected. The defence said they would
.On motion of a member, the court was cleared.
court then opened-Lleui Col Femont in court The
decision in closed session was announced"
The question accordingly put and, for the first
half of the produced nothing The second half,
however, changed aspect and became vital The an
swer-the two halves-was IN these words:
ANSWER Gen. Kearny refused applications of mine to
return with him The United States, until in private
ter made very warm appeal which believed that ne
in the He assened very our de-
parlure In coming down The Missouri in August, sought
information Of HIM the point of my being witness
and the only Satisfaction got was an impression that, i
Lieut. Col Fremont was tried shortly at ALL would be
clusivey documentary evidence, owing great
lay which il was anticpa might by the call Tor
witnesses from California l went Vera Cruz with no
expectation that would be recalled and when received
the order Eom the adJuiant general 1t with great
prise.
Characterization Of this witness here closed"
Every ntimaton, this cautious answer the last half
becomes alive with meaning. Saint George Cooke had
never heard word about his being witness against
Fremont but coming down the Missouri river in Au-
gust he sought information of keany the point of his
being witness. He seemed TO feel, lhen that he was to
be witness and as nobody had told him any thng about
IT, he must have found il OUT Falsta discovered the
true prnce-by instinct He sought information and the
only satisfaction pleasure which he got impress
sion, Chat say an ndentation on the mind that if
Fremont was tried shortly-at a-it would be exclu
s'vely on documentary testimony. And whyi On &C
count OF the great delay which would ensue in calling
Kearny himself. No tral-at all-shory How shortly
Unu the great delay could be overcome of getting wit
nesses from California. Witnesses for whom Ere
mont of course. And how came he to be withou,
witnesses Because Kearny brought him off from
California in total ignorance of his design to
him. Nay, more had sent in charges against him
And far fronn toll
Ing OF these charges pursuing towards him. all the
hme the osensibe course OF friend 1t is clear, then,
that Fremont would ask for delay order obtain tina,
testimony which he could have brought with him if
Kearny had given notice of his intended proceedings
against him. 10 obtain these witnesses would require
near year; and during all that time Infamous charges
were to hang the head Of Fremont and he to be
represented delaying the trial This was one branch
OF the plot to produce that "unquestionae rain" with
which kearny menaced Fremont that nth day of jan
uary when, all his arts of seduction having failed he ha
come ona ALT would be exclusively on documentary
evidence and Saint George Cooke lieutenant colonel OF
Mormons by the grace Of Kearny not being document
would not be needed. That is what Kearny told him
Now. whose documents were these to be! Whose ex-
elusive documents these to be, the exhibition OF
which the trial was otan Kearnys Fremonts' The
question itself The history of the plot answers
the question And if did not the history of the case
does The case was actually prepared upon documenta-
ny aone-and collected by him during the seven months
OF his secret preparation in California for the ruin OF
Fremont The long list Of charges and specifications
covering twenty-five pages OF the recordrom page five
to twenty seven-consiss almost entirely of documents
The direct evidence OF keafny consists almost wholly of
documents, linked together by little of his swear
ing and, BESIDES there Is catalogue of documents
ering near three pagesrom 81 to 63-all TO be used,
and exclusively used, the trial against Fremont.
Truly Cooke was rightly impressed. The indentaton
on his mind was deep and clear. He knew exactly what
the trial was to be, and doubt what the preparation
had BEEN that kearny, his servtors and sequtors with
the assGuy OF settlers the field seeming the bids had
hunted all California for every paper signed by Ere
mont, his letters, to be coated, examined pervert
ed, fased and brought up against him three thousand
miles of, without witness correlative paper to ex-
plain what perverted Bdde, Shubck, and others
furnished letters papers these Industrious hunters
but in Commander Montgomery, kearney encountered
gentleman from whom he received the rebuke which his
conduct deserved. Montgomery inquired of him what
he had his conduct to authorize him to suppose
that he would give up genemans letters' Cooke
right in his belief of trial exclusively documentary
evidence; and, so fully all minds made up to thai
species of trial. that all the witnesses brought from Cali
lorna the road, by land or water, flying from
The United States kearny had given license OF depar-
tue to his faretched tescators and swiftly had
they awaited themselves OF the cherished permsson for
things were taking serious turn. Fremont demanded
them. Having no witnesses of his own, he wanted
kcarny's, at least And, thanks 10 Morse the light
ming streak ed after them. Thanks to Fulton nvincibe
steam pursued them. Cooke overhauled, no doubt
as he says, TO his great surprise, at Vera Cruz; Turner
on The route to Santa Fe; Emory on the wing for Mex
with greater than win Keany. Both branches
OF his plot had failed. Fremont would neither take de-
lay, trial exclusively kearnys documents. He
meant have himself and his witnesses also From