The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-08

assumed tue command, marched in the rear oil
Of but in the and under the surveillance OF the
Mormon guard and servants Of Gen kearnyi This agra
waited by succession OF indignlues commencing WIN
public exhibition and public insults before the assembled
Inhabitants and officers of the navy al Monterey ON The Pa
cc and receiving their browning accumulation OF atronts
Fort leavenworh, on the Missouri IL snot intended
follow this train OF ndignites sriat bat produce
the court few garng instances, Lieut. Col Fremont
advised by his counsel he has right do for the purpose
6f of showing the vindctve temper of Gen Kearny
wards him. and thence i'm aching his in
ting this prosecution and his credit witness before this
court.
.sThe court was then cleared
.After time in debeaton in closed session, the
court was opened Lieut. Col. Fremont in court.
s.The testimony of to-day read the witness.
and them minutes before three the court adjourn
ed to meet tomorrow, at 10 O'Clock.
"bfonday, December q, lst7-Io o'clock.
'sThe court met pursuant ad ioumment
Present All the members, the Judge Advocate, and
The proceedings Thursday and Friday last read
'The then cleared to consider the admissbliy
of the evidence offered by Lieut. Col Fremont Thurs
day. and which the court had under consideration pre-
vious adjournment that day.
"And the court made the following declsioni
'The explanation OF the proposed inquiry by the defence
continent virtual prisoner under circumstances of virtual
ndigniy &c, hom his commander, General heamy, NOT
stances, the defence Offer in general terms to show in
evidence lew garing instances, without having snh
'The court before deciding this inquiry, will receive
from of those instances of ndgnity
specifically which he proposes to present to show course
Of oppression"
Fremont and his counsel were wide awake to this eva
sion of its duties by the They had their opn
ion of this evasion, both in point OF law and otherwise
and that, in fact 1t was feeling their and acting
like adversary aorneys-not Judges They felt as they
ought to have felt but suppresslng their feellngsand
initiating the humility of Lieut. Col. Philip st. George
Cooke-I love TO give the whole name-at San Gabriel,
when he those Caliionians with their fixed up
! to their teeth, mounted on such cavalry as Mameuke
srode and every rider apparently rehearsng for
Welsh and Delavans circus; and when the said Saint
George sacrificed all pride of feeling to duty the coun
fhac And rJah N mt IN fha
wrong and the wrong upon the record, submitted this
paper, p. 275, to the court:
"Leut Col Fremont read the the following pa
per;
| 'Mr President. Lieut.. Col Fremont supposed under
advice of his COUNSEL that stating the general object of the
course of inquiries which he proposed institutes would be
sufficient explanation for the action of the cou If not
only the of the inquiries however, but detailed
required will take time to consult with the Witnesses to
what each cognant of and remembers, and
posed to embrace What is proposed to be proved under
the question before the court distinct fact in ITSELF to
wit: that Lieut.. Col Fremont having selected certain
convenient place to encamp was refused permission TO
encamp there and without any apparent Motive unless to
ofGenera Keamys party Of Momons was ordered to en-
in another place nh nd ai h be brought a Gn
Col Fremont by advice OF his counsel respectfully sub
point, crcumstanai development Of all the testimony i
that he desires to bring to the notice of the court to
that he proposes and that the present is not the appropriate
time Judge of than the retspamcy without bringing
|
however prefer know only the character and
but also the and sutcency of the whole testimony
troduced Lieut. Col Fremont will endeavor their
wishes and will request leave to present paper for that
purpose tomorrow morning"
THE court was then cleared And the court made the
following decisions
made by Lieut. Col Fremont Thursday, nor from his
note of this day the character OF the evidence which he
wishes Introduce. The acts which he has referred to,
as acts OF official oppression and of personal indgny
and affront, the part of General Keamy towards him,
| 81 n l.
tay service Under this aspect only the court could not in
1.-THE court will receive from Lieutenant Colonel Ere.
mont as already suggested to him. an erpanGtoy and s
then be able to Judge whether the testimony offered
ought to be received as tending to dscredt prosecuting
witness before a court martial
Still feeling us But being willing to be fell, and
knowing that had proof that Kearny had refused to
let Fremont go ahead to Suffers Fort to make some prep
araons for his and also refused to let him dry some
beef for them, Clerk it) and had rushed them the
Sierra Nevada and into the desert without supplies, and
having an impression" of what the courts decision
would be, question covering all that barbarism was
already drawn up, and offered the instant the decision
was read thus, p 276
"Question. Did General Kearny, the place,
fuse application made by Lieutenant Colonel Fremont.
through YOU for leave ahead Suffers FORT for the
purpose of making wsp9rations for himself and party in
ny subsequently, when Suffers refuse applca
ton made by Lieutenant Colonel Fremont through you to
be allowed time procure dried for the subsistence
OF the party the journey the United States? And
the party eel IL provided the time Of that REFUSAL in
respect provisions and other for the "
This question was multum in paruo, and intended
to be So 1t intended to group an array OF hideous
circumstances and let the court refuse them if pleased
1t was heavy job thrown upon the court; and, like
men who have heavy job 10 do, they divided their
work-dd it by halves-suspended the decision until
they could feel further Hear them:
| "On motion of Il member the court was cleared and
the decided that this question makes part OF the In
quir which the court mas suspended until Lieutenant Col
onel Ere mont offer the necessary explanation"
This suspension soon ripened into peremptory reec
tiOn rejection of all going show the malice
of keamy Fremont and he acqulesced in all their de-
cisions, thus shelter him when every feeling of
gard for himself for his professionalism his own hon.
or or the honor of arms--shoud have prompted him to
scout such decsons-to dsclam their benett-to revolt
against themto spurn them, injurious and prejudcia
to himself But it required innocence to do that and
Kearny was not innocent He not Fremont He
upon the merits alone. On the first day of the court and
in asking for the favor of counsellor in the military
courts no one has right to counsel-Fremon had thus
expressed himself and has stood to what he expressed
p.4:
'Mr Presidents In peerfng the usual request be al
lowed counsel in this wish to state that it is
of intention desire make defence any legal
technical point, but only have friendly assistance
bringing the oil the in lucid and
der and in obt aiming full trial the merits in the short
time, with least Of trouble the
With this objection viii be made to the relevancy
legality any question proposed by the prosecution the
court, any member of the any question
which goes show my motives, either by words acts
in aggravaon of the offences alleged against o
the Authenticity evidence, writtea printed, which
proposed, motion made knowingly, of "a
give ground OF objection the part the pros
ecuton, delay in the trial. give trouble the
court
T.. IL. H. Al L