The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-16


SUBSTANCE OF MR.. BENTON'S SPEECH.
tcoNTnUxDl
Publications made for the purpose Of affecting the ad-
mnistradon of public Justice have always been eonsd
cred a publs offence, and punished as such. OF this
offence, with enormous aggravatons, kearny guilty
with respect 10 Fremont; not that he wrote the pubca
tons himself but that he contrve be done through
his instruments, Cooke and Emery. Emory was his
bearer of dispatches from San Diego 10 Washington
giving account of his difficulties with Stockton and
Fremont: Cooke was his Mormon lieutenant colonel
and confidential execuoner of his plans against FREE
mont al Los Angeles From the lsihmus Of Panama
Emory commenced the work of publications in the in.
teest OF kearny and these publications, all amplhca-
lions of the inst and all in the interest of Kearny fol
lowed the track OF his progress from the shmus 10
Washington city From the Havana-at New Orleans
at Louisvile-the touch OF Emory upon the ground and
the appearance of of these publications. were stimuli
taneods occurrences. AT Washington, Immediately upon
his arrival the business was taken up by Gnnd, de
laor and vender OF Office secrets, and some other
subaltems in the trade; and the substance of the
dispatches, with additions and subtractions suit the
Market communicated 10 many papers-the Philadelphia
Ledger, Baltimore Sun, Pittsburg Gazette, &c.--n the
shape OF letters from well-nformed correspondents in
Washington city. At the same time there appeared
more methodca and detailed publication in paper of
81 LOUIS hissouri-the paper called the St Louis Re
pubIican-daed from San Diego and sent TO that paper
expressly Tor publication The whole OF these pnblca,
tons were IN the interest of kearny-to give him all
honor In Callioma-to decTy Stockton and Fremont
and to poison the public mind against them. All
these publications gave details of military events in
California, in violation of military principles, and in
violation OF order forb ddng such publications. just
revived with respect to Gen. Taylor. The publication OF
these details was military offence The revived order
qualified them mischevous and disgraceul, and to be
followed by dsmisson from the army and that without
regard to their truth or untruh Now the whole OF these
publications along the track of Emory, and the from
San Diego, if written by military officers, they were,
fell under the qualification and penalty OF the revived
der, with ingredient in thento enhance their crm
nality which the order had not contemplated a thing
possible in American officer: they false, syco-
phantlc and malI-nant-Slvng false praise to Keany,
and false blame 10 Stockton and Fremont and pervert-
ing every fact TO answer this double purpose of syco
phancy and malignlty Besides that, they inter
ference with the administration of public justice-an
interference with the trial of Fremont whose
Keany had resolved and interference with the
probable trial of either Kearny himself Stockon-one
both OF whom bound to be tined for the conten-
lions, contemplating civil which took place in Cali
fornla These publications were, by regularly laid
before the President, through the adlutant generals
office, in July last, with request that Fremont might be
brought to trial upon then--not dreaming at the time
that Kearny, who writing most afectionate let
tiers, splenddly encomasic of Fremont, bringing
Fremont home virtual prisoner, TO be tried for ina-
offences.
No order taken upon the publications filed in the
War Office none has been taken in respect to then
since and now they become pertinent and applicable in
this discussion General Kearny nomination of bevet
major general tor meritorous conduct in California The
whole OF these publications. are charged hsnot that
he wrote them but procured them to be wen and fur
nished both words and matter for the occasion This is
broad declaration covering several distinct points as
trs the authorship OF Emory, writing furnishing
matter for these publications.; second the authorship
OF Cooke. as writing the article from San Diego,
OF Kearny with all the publications. and, in fact, |
his real authorship OF the whole. The detection OF
all these anthorships became the question and for
this purpose the Fremont martial trial became emf
nently subservient Cooke, being interogated to his
authorship before the court protected from answering
b the decision OF line COURT and acquesced in that dec
son. though bound by every feeling OF honor and militia
~ pride to have denied confessed innocent
confessed if guilty for the publication FALSE mag
nanl, sycophantic, and Infamous; and such he was
bound TO face and TO take the consequences. He was
bound in military honor to face it, death the
consequence He did not He took shelter under the dec
sion OF the court, and laid still under It's he
lor of dragons and graduate of West Pointeducated
fed and clothed al the expense of the United States The
proceedings OF the court by which he was so protected
mont trial Tney too long to be read to the Senate
but quote them correctly, and give the pages for ref
erence The result is, set him down for the author of
that paperhe article signed Justice in the Missouri
Repuhcan-and shall so treat him. With respect to Emory,
the question became complicated He was Fremonts
witness on the record The prosecution, whose real wit
he was, Cf he had not known too much for then
would no. swear him; though repeatedly vouched as the
only person who could prove the time OF the delivery Of
all the charges against him. and upon which time it be-
question whether Kearny himself not liable
to be shot for the double crime OF muny and OF endeay
orng to prevail on Fremont to join him in muny against
Stockton Emory the only person VINO could prove
this time, SO essential to Fremont, Qor 1t was TO show
that Kearnys order to him given after he him
self suspended from all command OF the United States
forces at Los Angeles) The Judge advocate and the
court united in resisting ling nus being sworn on Inc part
Fremont showed (pages 1871 SO, and 500 to have him
kearny, the prosecutor, would not ask to have
him sworn; and that was intelligble enough. 1t was
also perfectly ineligible why Emory nigh not wish to
be sworn, especially the side of the prosecution,
throw him into the hands of Fremont for -exami-
nation. All this Ineligible enough the part of
Kearny and Emory; but it remains to be made compre-
hensble what were the of the Judge advocate
and the court for violating law, and right, and justice,
refusing to Emory the side OF the prosecution
which he belonged as much Kearny did himself. He
not sworn and, being indispensable to Fremont
on that point OF time he was after great struggle
have him sworn on the side to which he belonged at last
sworn upon his side. part OF the questions (after
the point of time established and which was fully
done and shown TO be after the order suspendng Kearny
and consequently involved Kearny the guilt OF mutlny
against Stockton, and OF attempt induce Fremont TO
Join him IT'D part of the questions after this was to
The authorship of the publications which sprung up on
the track of Emory from the sthmus of Panama Louis
vle Kentucky. The first question related to the letter
from the lsthmus, and was in these words page 1919
Question Did you write letter from the Isthmus OF
Panama Tor publication in the United States which related
the military operations California and if this
copy of that letter Z
THE paper shown the witness, with this question, then
read as follows:
The following is true and copy OF letter pub
sbed IN the N Y Courier and Enquirer of pri 3D. l8t7
This letter has been already read The question now
was as to It's authorship-the of Mr. Emory with
his oihcal rank IN the army, being signed to it. The
court refused 10 let the question be put Then followed
similar questions as to the Havana letter. published in
the New Orleans Picayune-then into the article pub
lished in the Pcayunethea into that published in the
Louisville Journal. OF the court refused 10 ner
nit any OF thsse questions TO be put and them commit
,inp fraud Ipon its own decisions and unon ;,o ,,,