Evansville weekly journal. [volume] (Evansville, Ind.) 184?-18??, 1848-03-02

ttu SpeclncatlOn, guilty. 1Utn Speclncat1On. guilty. y
9th specification, guilty 18th specification. guilty
9th specifications, guilty and 'guilty'o the charge.
CHARGE IL.
1st specification, guilty 18th specification, guilty
I'd specification, guilty 9th specification, guilty
Sd specifications, guilty 18th specification, guilty
4th specification, guilty and guilty ofthe charge.
CHARGE III.
LIST specification, guilty 4th specification, guilty.
ID specification, guilty 5th specification, guilty
Sd specification, guilty and guilty OF the charge
SENTENCE.
land the court does therefore sentence the said
Lieut.. Col. John c. Fremont, of the regiment of moun-
ted rihemen, United States army, to be dismissed the
service
1.-The court deems it proper, in view of the mass of
evidence on the record, to remark that the court has
been unwilling to confine the accused to a strict legal
defence, which appeared to lie within narrow limits.
Considering the gravity of the charges, the court
has allowed the defence the fullest scope in its power
to develop the instructions oil the Government, and all
circumstances relating to the alleged misconduct, as
well as 10 impeach the leading witness for the pros
ecuton. The court has even INDUCED the accused in
a course unusual, and without its APPRECIATION, In the
final defence, of using indiscriminately matter which
had been rejected or admitted in evidence.
with all this latitude of evidence, and the broad
er latitude of defence, the court has found nothing
conflicting in the orders and instructions of the Gov
eminent; nothing impeaching the testimony on the
part of the prosecution; nothing in fine to qualify, in
a legal sense, the resistance to authority of which
the accused is convicted.
1.-THE attempt to assail the leading witness for the
prosecution has involved points not in issue, and to
which the prosecution has brought no evidence. In
the judgement of the court his honor and character
are unimpeached."
The whole proceedings of the General Court Mar
tial in the foregoing case have been laid before the
President of the United States.
The Presidents Decision and Orders in the
Case.
WASHINGTON, Feb. 16, 1913.
Ihave carefully considered the record of proceed
ings ofthe General Court Martial in the case ofLieut.
Col. John C. Fremont, of the Regiment of Mounted
Riaemen, which convened at Washington Arsenal,
in the District of Columbia, on the 22d day of No
vember, l847, and of which Brevet Brigadier .Gener-
al George NJ. Brooke was President.
The Court find Lieut.. Col. Fremont guilty of the
foilowing charges, viz:
LIST. "Mutiny, 81. Disobedience of the lawful COM
mands Of his superior officer; Sd: Conduct to the pre-
JUDGE Of good order and military discipline"-and
sentence him ito be dismissed from the service"
Four members of the Court append to the record of
their proceedings the following, viz:
Under the circumstances in which Lieut.. Col.Fre-
mont was placed, between two officers of superior
rank, each claiming to commandment in Califor-
mia, circumstances in their nature calculated to en-
'barrass the mind and excite the doubts of officers OF
greater experience than the accused, and in consider
alton of the important professional services rendered
by him previous to the occurrence of those acts for
which he has been tried, the undersigned members OF
the Court respectfully recommend Lieut.. Col. Ere
mont to the Ienient consideration of the President OF
the United States"
GEORGE Nj. BROOKE
Brevet Brigadier General United States Army.
THOMAS F. HUNT,
Lieut.. Col, and Dep. Quartermaster General.
]. p. TAYLOR,
Lieut.. Col and Assistant Com. Gen. of Sub.
r. L. BAKER,
Maj Ordnance Department.
Three other members of the Court append to thu
record of their proceedings the following viz:
Under all the circumstances of this case, and il
consideration n of the distinguished professional servic
of the accused previous TO the transactions for which
he has now been tried, the undersigned beg leave tt
recommend him to the clemency of the United States.
>, S. H. LONG,
Lieut.. Col. Typographical Engineers.
RICHARD ~DELAFIELD,
= Major of Engineers.
l. w. E. MORGAN,
j., Lieut.. Col. 18th Infantry.
: Upon an inspection of the record, l am not salts
: fled that the facts proved in this case constitute tn
n military crime of ''mutiny." ] am Of opinion tina
d the second and third charges are sustained by tn
II II Il H. H..
/ warrant the sentence of the Court. The sentence G
n the Court, is therefore approved; but in consideration
t of the peculiar circumstances of the case; of the pre-
n vious meritorious and valuable services of Lieut.. Col
Fremont, and the foregoing commentator of
majority OF the members of the Court, the penalty G
dismissal from the service is RENTED.
$ Lieutenant Col. Fremont will accordingly be re
leased from arrest, and will resume his sword and re
port for duty. JAMES K. POLK.
II Lieut.. Col, Fremont, of the Mounted Rifle Regi
, ment, is accordingly released from arrest, and wi
join his regiment in Mexico. The General Coul
{ Martial, of which Brevet Brig. Gen. George N
Brooke is President, is hereby dissolved.
By order; R. JONES, Adit Genl.
i To the above information OF IN official character
e we have to add that it is generally understood tina
v Mr.. Fremont, at the instant of receiving the notifica
t ton conveyed by the General Order of which the fore
going is the material part, resigned his place IN tn
army, upon the ground that he was not conscious c
having done any thing to merit the finding OF tn
T Court against him, and could not seem to admit it
h Justice by accepting Executive clemency.
Il ~A Dutchman was relating his marvellous es
cape from drowning, when thirteen ofhls companion
were lost by the upsetting ofa boat. and he alone wa
} saved. "Andhow did you escape their fate!" aske
one of his hearers. Il tid'nt go in t boat, was tn
Dutchman's placid answer