Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-01-01

Question, Proposed by member, objected to by
the Court Why did you first report to Gen Keany rather
than TO Com. Stockton
AnSper bore letter to Gen. Kcarny from Lieut. Col
Fremont in acknowledgment Of received by Lieut. Col
Fremont whilst the march for Gen. Keafny aud for the
further that totally ignorant Of the object Of
Gen. kearnys being IN the country and my orders from
Lieut. COL Fremont that should ascertain all about it.
Question BIZ The Court You said in your direct exanina-
ton " informed him Git. Col Frenon,) that both Com
Stockton and Gen. Keany anxious TO confer on him the
office Of Governor and his only difficulty would be choose
between them" Please state the Of the difficulty re-
erred TO in your testimony and how was removed if in
your knowledge.
AnsDer learned from Gen. Kearny that he brought with
him instructions from the Secretary Of War; and that he felt
himself auihorzed in virtue of those Instructions to assume
the chief command. From Com Stockton learned on the
evening his relations the Territory as chief COM
mander in nowise changed by the arrival of General
Keany in the country apprehended some difficulty from
this apparent collision between those gentlemen and was in
duced thereby institute the inquiry that led me to the result
that Com Stockton still rghtful commander and SO re-
ported the evidence and the admissions of Gen. Kearny to
Lieut.. Col. Fremont.
Question bu The Court State all the conversation which
passed between you and 1t Col Fremont on the choice Of
commanders after you returned and reported him the result
of your visit to Los Angeles.
Anslctr returned and met 1t. Col Fremont at the head
Of his battalion the morning Of the 18th of January Gas
stated my chief examination about five six miles from
Los Angeles and told him had had much conversation with
both Gen. Keay and Com Stockton touching their respective
occurred that Gen. Kearny better friend of his than
Com Stockton but, from Gen. Kearnys admissions,
regretted to have to give my opinion that would have
to look to Com Stockton still commander-n chief That
found Com Stockton exercising the functions Of commander
inchef and submitted to, implicitly, thought by Gen
Keany This the substance of my communication
Lit Col Fremont and he, Think with equal reluctance
the time came to the conclusion.
Question The Court Please the particular CONVEX
saon you had with Gen. Kearny in relation his right
command in California.
AsUer. Ihad conversation first with Gen. Kearny based
his Instructions which he seemed consider as full and
inquired of him why he had insisted obedience from
Com. Stockton and he informed that the that
he had but few troops The second conversation in
ference the assmaed rank of army and naval officers of
his grade and Com Socktons distinctly remember that
maintained that his position Bgader General ranked
Com. Stockton. He thought otherwise and claimed the
chief command in virtue Of his instructions only He beev
ed that Com. Stockton, Commodore commanding
squadron ranked him Bngadier General thought it
strange; it made deep impression my mind, and
municaed 1t to 1t COL Fremont the next day of
surprise 1t was this admission by Gen Kearny mainly
that led me to the conclusion that Com Stockton still
ghtfuy in command, both of them urging and pre-
tending to rely instructions from the Department Wash
ington. Gen. Kearnys saw; Com Stockons never saw.
Question the Court Was any person present at these
Aascer. Possibly Capt. Turner It was long converse
on he seemed have respect for and my opinion
Capt Turner occupied the room as the General and
was in and out throughout the evening.
Question 6y the C0rt Did you extract from the
Army Regulations 70 the comparative rank Of army and
navy officers during that conversation orwha induced you
to think that Gen. Keamy ranked Com. Stockton
Anscer. did not the extract referred Ny opinion
was founded my own Judgment unassed by any positive
information.
Question by The Court Did Gen. Kearny say any thing
about there being such grade in the navy Commodore
And if so, what,
Answer. do remember whether the grade of Commo-
dore mentioned not his remarks referred the
mandant of q squadron.
Question By Me-Cot Have you stated all the converse
tons with Gen Kearny, the 18th January on the SUBJ
ject Of the governorshp not will you state all you have
Ans,cer. think have stated substantially all that related
to the governorship
member here called the attention witness to his former
respecting the bed scene where all conversations
ruled out but such related the governorshp.
Col RussELL said will add that in all the conversations
held with Gen. kearny that evening" understood TO
be his wish to appoint 1t COL Fremont Governor if he
could rghtfully do
Question Did Gen. Kearny admit, in any manner that
Com Stockton had right consequence Of their relative
rank to command him, (Gen. Kearny, any troops in the
army service
the command in the country founded his instructions only
positive that the question OF rank he yielded
precedence TO Com. Stockton.
Question Have you been paid as an officer in the Cafo
MIA battalion , If 50, how and when
Answer. received in this city in July August last,
believe, from the army paymaser, Major Van Ness,
less than $780, in part payment for my services officer
in the California battalion claimed pay up to my arrival
in the United States but il dsaowed by the Secretary
Of War, to whom the question referred. received
certificate Of amount due up particular time from
paymaser appointed by Gov. Stockton in California but
which never received it for my compensation Sc.
cretary Of State and also officer of hebattaion.
Examination in chief resumed.
Question On what day did Gov. Stockton leave Los An
yeles And when did Lieut. Col. Fremont commence the
exercise Of his duties governor and commandment chief in
California under the appointment of Gov. Stockton
.Anscer He left within very short time, within few
days, after the delivery of commissions Of the date Of
Them, do remember which and Immediately hereupon
the exercise of the duties of Governor
Question, (by the defence) Was he recognised, obey
3D. and respected governor and and
lid he reside at the old established seat Of government
Ansicer He fully recognised governor and
nanderin chief any and he resided in
Los Angeles the ancient capital OF California and in house
vacated for his use by Com Stockton.
Question DO you know whether he was rehered in
any lawful manner Of that office
Insurer. am positive he not up TO the moment Of
my leaving the country, the 22d ed Of March last
and feel the positive he not because through
my Office Of Secretary Of State by rule established by It.
Col. Fremont, that all such communications passed.
Question DO you know whether the "defaife instrtc-
fs" Of the 5h of November, directing the naval
der to relinqush to COL Mason Gen. kearny the d.
recon of operations land and the control over " the
administrative functions Of government" and turn
him all papers necessary to the performance" of those du
ties, communicated TO Gov Fremont either by the
Government Of the United States by CONS Shubnck Bid
de by Gen. Keay, any other person whatsoever and