The North-Carolina standard., 1848-01-19

but the President, while anxious to furnish all proper
information, nevertheless believes it to be his solemn
duty, under the circumstances, not to make public,
and to communicate to Mexico, now our enemy, and
with whomswe engaged in war, Information which
could not fail to produce serious embarrassment in
any future negotiation between the two countries.
The President is fully sustained in his course by the
examples of Washington, Monroe and Jackson-sup-
ported by the opinions of Mr.. Livingston, Mr. Madi-
son and Chief Justice Marshall.o
COL. BENTON AND GEN. KEARNEY.
On Saturday the 9th and Monday the 10th instant,
the dull and monotonous proceedings of the Fremont
Court-Martal at Washington City, were somewhat
varied by passage of words, looks frowns, grima-
ces, &C. on the part of Col. Benton towards Gen.
We extract the following from the National Intelli-
gencer:
General Kearney said Mr.. President: Before
the Court is cleared wish to make statement
Gen. Kearney said 81 consider it due to the Dig
nifty of the Court and the high respect entertain
for it, that should here state that my last appear
ance before this Court, when was answering ques-
tons propounded to me by the Court, the senior
counsel of the accused, Thos. H. Benton, of Mis-
souri,, sat In his place making mouths and grimaces
at me, which considered were intended to offend,
to insult, and to overawe me.
"l ask of this Court no action far as / am con-
cerned. am fully capable of taking care of my own
HONOR
very much to hear it. Hehad observed any thing
of it. He referred to the power of courts martial
under the law in regard violations of order in its
presence and he read the 18th article of the Rules
and Articles of War as follows:
- No, person whatsoever shall use any menacing
words, signs gestures in presence of court
tal, shall cause any disorder or riot or disturb
their proceedings, on the penalty of being punished
at the discretion of the said court martial.''
The Hon. Thomas H. Benton, of counsel for Lieut..
Col. Fremont, then addressed the Court follows
81 desire the Judge Advocate will take down what
say" He then continued:
Mr.. President: On about the first day of Gen.
Kearney'S examination before this Court, when he
stood in that corner, and when he twice swore that
Col. Fremont had the originals of certain papers
if he had not destroyed them, he fixed his eyes upon
sultingly and fendishly at him. The Judge Advo-
cate by leading questions, led Gen. Kearney into
modification of what he had previously sworn"
Here member of the Court and said -" Mr..
President rise bring the attention of the Court
to point of order, which ought, think, to be OBJ
served. Remarks rejecting upon the integrity of our
proceedings are not, in my opinion, admissible"
Colonel Benton said 81 admit the power of the
Court to punish, but they must first hear.'
1t being now few minutes of three o'clock, when
by law the Court must adjourn, the Judge Advocate
requested Col Benton to continue his remarks, with
out waiting for the Judge Advocate to record them,
and he, the Judge Advocate, would endeavor to re-
member and afterwards record them.
Colonel Benton continued his remarks, according
to the recollection of the Judge Advocate, follows
SC When General Kearney fixed his eyes on Col.
Fremont, determined, if he should attempt again to
look down prisoner, would look at him. l did
this day: and the looks of to-day were the conse-
quence of the looks in this Court before did to-day
look at Gen. Kearny when he looked at Col. Fre-
mont; and looked him down; looked at him till
his eyes fell-till they fell upon the floor.
GAS this Court, dsclaim any intention to dis
turb its order, entertaining do the highest respect
for this Court"
The President of the Court said he had observed
General Kearny look towards Colonel Fremont dur
ing the trial. and the occasion referred to, but not
with an insulting expression of countenance; the
contrary, he, the President thought the expression
was one of politeness and kindness.
The hour of three having arrived, the President
gave the order for the adjournment of the Court
Gen. Kearney and said: "'I wish, in the pres
ence of the Court, say, that have never offered
the slightest insult to Col. Fremont, either here
prisoner his trial, any where or under any cir
cumstances whatsoever"
The matter again brought up Monday,
when the President of the Court rose and read:
"The recollection and impressions of the members
of the Court confirm those of the President, ex-
pressed Saturday, in reference to the looks of the
witness on the occasion referred to by the senior
counsel The Court considers the act aVowed by the
counsel, of attempting to look down witness before
it, as improper and indecorous; but it did not
come to the notice of the President, and the counsel
has disclaimed any intention of disrespect to the
Court, no further action viii be taken."
Whereupon Col Benton (the senior counsel of
Lieut. Col. Fremont) arose and left the Court.
Gen. Kearny being in Court, requested permission
to make statement. The Court directed the state
ment to be made in writing; accordingly, and the
Court then being in closed session, Gen. Kearny
sent in the following note, which the Court declined
to receive. 1t was therefore, not read in open court
or placed on the record, but was returned to Gen.
Kearny 1t was in the following terms:
sDsclaiming in advance the remotest intention of
offering the least kind of dsrespect to the Court in
the following statement have to refer the Court to
the closing remarks of the senior counsel for the de-
fence, Thomas H. Benton, of Missouri, which is on
the record, and is follows: looked him down
looked at him till his eyes fel-t they fell upon the
floor That statement is false, and am prepared to
prove it to be false by members of this Court
S. w. KEARNY, Brig.sGen.'
GENERALS SCOTT AND WORTH.
A New York paper has the following from a
Washington correspondent: 6 Official intelligence
e of