The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-11

WASHINGTON, Aug. o, 1913.

WASHINGTON, Aug. q, 1913.
Tie Case Of General Kea,ny-Copy Of the Rcso-
ivtScns OF Col Benton
The nomination of Brigader Gen. kearny as
MAJOR General by br,ve; on account OF hts good
services ia California, was confirmed by the Sc
nate to-day. by large majority; Col. Benton a,
length yielding his opposition to the pressure OF
business of the Senate. after protracted and UNI
compromising resistance to the promotion
At near nine o'clock this evening, having occa-
sion 20 ask for Col. Benton. with a view TO some
information on the Army BILL we were ushered
into the Senate chamber (the Senate being in ses-
stony, when, after giving the information desired
Col. Benton placed in our hands the following re-
solutions, in his own handwriting. They were
offered executive session of the Senate, and not
agreed TO. In placing the resolutions IN our hands,
Col. Benton remarked, the presence of several
Senators, Mr.. Dickinson among them, Take
those, If you please, sir, and print them. | give
them to you in the presence OF these witnesses.
l am responsible ! desire that they be promuged
to the country. Ny whole Argument in the case
shall. follow soon alter the adjournment when
shall have time 10 write II out" or words TO that
effect. We took the resolutions, and. thanking
the Senator, promised TO comply with his request
faithfully, a part OF which was, that we should
state the facts under which the resolutions came
INTO our possession AS the late bill introduced
by Mr.. Butler has not become a law and never
Will, we have no fears Of fine and Imprisonment
Tor this breach OF the secret orders Of the Senate
II there. Is any penalty however, in the case, we
ask 20 share Il with Old Bullion.
Respectfully, The Docroa,
COLONEL. BENToN's RESOLUTIONS
Resolved That the President having noni mated Bril-
gadier General Kearny for the brevet Major General
LOT galantry at San Pasqua and for meritorious
auct IN New Mexico and California; and Senator in
MS place having denied the truth Of said gaantry
ton Of facts and having offered TO produce more to
show that the action at san Pasqual disastrous
defeat by about equal numbers, through the misma-
nagenent OF the Generals and that his report thereof
Is false and that he afterwards besiege the
hill OF san Bernardo four days, by inferior numbers
and burnt bis baggage, and Alexander
Gadey, whom he had sent out as a messenger, taken
prisoner in his view, without effort protect or
rescue him: And the same Senator having also alleged
and produced facts in support of said allegations,
which are neither answered denied; And the same
Senator having also alleged that the onduct of Gene
raj Kearny. both in New Mexico and California was
unnefito'ious and produced facts in support of his
legations and which allegations are undenied: having
offered to produce il being the duty of the
Senate when the truth Of the for granting the
bonors breve are dc MED and rs no breyet of honor
ought to he untrueand bear untruth its face
the Senator making all these aeg wing moved
the Senate fog session for the discussion his
auegations which was Iefused aud having himself
tined friend of Gen Kearny Of his allegations against
him, that be might be telegraphed in time to defend
nnse ana having also given leave to all Senators to
tell what he said, and avowed his own determination
to tel 1T and as there not time this
vesueate these allegations, and not right for the
nate TO vote upon any uncertainty in a matter so
serious and may be unjust to General Kearny to do
80, CONTINUATION OF the nation the of
such allegations So supported and undenied, could
not be desirable or advantageous to General Kearny
therefore 1t is the opinion Of the Senate that this
minaiion be not finally acted upon at this session.
but laid with view 10 re- nomi alton at the
next session. and that the President be informed ac-
cordngly. by being furnished with copy of this
solve.
Re'oved. That Brigader General Kearny in let
ter 10 Commodore stockton of the 10th OF January,
l647 at Los Angeles in California, threatening 'co
sion aud civil war; and the said threat and letter
having beer Immediately and officially commu nioated
to the OF the United States by Commodore
STOCKTON on which action appears yet to have been
taken by the COVER nment therefore il is the opinion
of the Senate, that the honorable distinction of
Breyet Major General should not be bestowed upon
BrgadieR General Kearny, until all the circumstances
of said threat IF collision nd civil war; be propery
inquired into and ctorily explained found to
be untrue.
Resolved, That a Senator in his place (Alr Benton)
having besides deny the truth of the grounds which
the Brevet Of Major General proposed given to
Brigadier General Kearny, also mpugned the honor
OF the said General Kearny in his conduct in Caifor-
MA, and before military Court Martial in this CITY, in
relation TO his conduct in the prosecution of Lieut.
Col Fremont involving charges of malice falsehoods
upon cath, fraudulent couceament of his design to
arrest him. with view to try him without means of
defence. make him ask long delay while infamous
cha1 were hanging him; and the said Senator
having alleged that the said General Kearny having
by virtue Of his authority, brought the said Fremont
home from the of the Pacific, virtual prisoner
TO be tried here for ofe charged to have beer
committed there. the sad General Kearny bringing
his witnesses along with him. while leaving behind
intefrne TO keep away those who might be witnesses
OF Col Fremont and who whl lily ignorant of the
designs against him. and the said Senator having
produced facts in support OF all his allegations which
facts are neither answered nor coutradicted and
ought to be answered by General Kearny before pass
ed upon by the Senate; and it being the expressed
peste1iy declared wish of the Senator, making these
allegations that General Kearny should have an OPP
portuoity to answer considering all this it is the
opinion of the Senate that this nomination be post
poned with view to denomination at the next
SioE