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

Aso he expects TO be able prove that Monterey in
California about the end of the month Of NAV last he was
ordered appear with the citizens formerly under hts
command as his Typographical psrry, and with them was
exhibited at liked hour nd place and under III view OF
an assemblage OF persons, TO w.t. Conioooie pu " III,
and seen 70 be so by ali honoiabe present and
besides the deg radiation Of the exhibition was su'ep
twice by him Che said Gen. Kenrny)
Also. he he able prove that a'ter crossing
The great Sierra Nevada he (Lleut Col ffem9nil apDta
Gen kearny for leave TO come direct through the rea
Ba.ia the Uned States for the purpose OF completing
and correcting his outward exploration OF new fonte 70
California, TO the south OF the Great Salt lake ana 70 e
able make opp. phicd map thereof similar TO the
Oregon road map, and about TOUR hundred miles shoef pc
the Sierra Nevada than rhe which Gen. Keany
travelled between the same two points, and sent a map,
which is herewith shown the court illustrate the DIFF
between the routes, and show the advantage
would be to future travellers and emranis 10 have said
route established and opogIa phicaly mapped and
the said General keamy refused the application and
dered Lent Col Fremont follow his Gen kearny's
ra concealing from him at the same time his design to
arrest him.
'Also that he expects be able prove that, Fort
Laramie The north fork OF the Great Platte river Brga
der General koarny refused permission 10 Lieut. Col FIRE.
mont and the citizens of the typographical party who were
with him TO return to the frontier OF Missouri by shorter
than by Fort Leavenworh, concealing from him all
knowledge of his intention to arrest him. and giving as
reason for different one from that OF design to arrest
him at that place.
the citizens of the Typographical corps who were
with him were spoken TO by any officer at Fort Leaven-
part of witness the and in answering ques
ton Lieut. Loker and this for the space of five hours
during which they standing about the
upon the leisure OF the ordnance sergeant who was TO
receive their and horses; all which time they were
p par st. U AND s
cumstances which induced Lieut. Col Fremont TO aurb
ute their conduct to the presence and influence OF Genera
Kearny.
.'And Lieut. Col Fremont is advised by his counsel that
the evidence the foregoing effect would be material TO
his defence, and that it could only be duly and properly
judged OF in connexon with oil other testimony in the gem
era deence and that he has right to use 1t in such de-
fence, and with all other testimony the
effect and to make it available for wha, is worth in the
impeachment OF the motives and credit OF Gen kearny In
this prosecution"
OF course all this application refused, and this
occasion reasons were assigned by the court for their
decision p. 1885, which false in point OF fact when
bottomed on alleged fact and false in point of law when
botomed alleged law: and of this specimen of each
will be given; and first of the fact The opinion says:
"Anoher alleg alton is founded parade inspection
Of Lieut. Col Ffem 'nts typographical party by General
kearny, at Monterey, before the march TO the United
States The cannot regard this Inspection by Gen
Keay, of party the military service, and then under
his command for the purpose of panyng his march
the party without having before the of the alleged
insults 1t in evidence that General keany pa'aded the
party Monterey to ascertain who OF them wished TO be
discharged there and who of them wished return the
United States"
This is untrue in fact The exhibition at Monterey
was neither parade" nor an Inspection, nor were
States; nor the "dscharge' any part of the real
object only the cover for the outrage; and for the
"retun" of those who wished to come home, there is
tale to be told on that head of which the moral will be
argument in favor of the meempsychOsis-in favor of
the TRANSPORTATION OF souls-of the ransmgration OF
that barbarous captains soul into the body OF Kearny,
who left Alexander Selkirk on the island in the Pacific
oceanwith additions which the genius OF Defoe could
never conceive.
These citizens constituting Fremonts typographical
partyhe old guard only present-were not in the
military service of the United States subject to be
commanded inspected, paaded, discharged, or returned
BY Gen Kearny They were under contract as citizens
with Fremont, and knew their rights perfectly They
knew that Kearny had rights them but that he
had Fremont and they chose TO wherever Fremont
went This is the reason why they went to the exhibit
ton at Monterey, and why they travelled and camped
with Fremont from the Pacific to the frontiers of
Missouri Keamy knowing that ne had no authority as
military officer to bring these citizens home, told them
he ordered to do by the Secretary at War Very
certain that there was error in that statement Ere
mont in his first letter to the Adatant General (after his
ders by virtue of which General Keamy had brought in
himself and his typographical party The Adjutant Gen
eral onesl courteousy answered. that he presumed it
was done by virtue of his Gen Kearny's) general au-
hority That good answer far as it concerned
Fremont, who the military service, and subject
be commanded by his military superior, as Kearny was
but it answer as to his men, who were not in the
military service Wishing to get TO the bottom of this
supposed order, the counsel of Col Fremont (Mr. Sena
tor Benton and William Carey Jones, esq., afterwards,
the 27th of October applied for the same ORDER with
modification of the request, combining it to the citizens
of the Typographical party This further request in
these words:
brought the United States typographical partv
formerly under the command ofLeut Col. Fremont when
This request is distinct from the made by Leut Col
Fremont the 18th September last and answered by
Adjutant General the 9th day of September that re
quest being for the order which applicable Lieut.
Col Fremont and his party this is applicable the party
alone and covered by the suppositious authority
thea suggested by the Adjutant General"
But, moi potential than the first, this second ap
plcaton, like it, brought forth no order.
But, TO go on with the court and their specimen of law
"For this purpose, Genea kearny's order of the of
March, l5l7, also in evidence, directs Lieutenant Colonel
Fremont to bring his party Mont rcy The thus
10 ri mill af and
matter for investigation here while the of the alleged
accompanying Insult is in specified conforna
bly, to the courts decision of yesterday enable
court to Judge whether it may 20 to the point Of dscredng
prosecuting witness before acourt-lnarial."
The act says the court in the routine of military
duty, and therefore not subject to investigation If the
court had thought OF this at the beginning of the ral-f
some apprentice to the law had only told them that on
have cut oft the whole defence of Fremont for all that
he did to Fremont, and all that he might have done to
HIM and to Stockton to executing them for mutiny
was done by virtue OF military authorty-done in the
routine OF military duty-It was in vain that law was
read, cases cited. arguments made, show that all off
GERS civil and military, even judges the BENCH minis
tiers OF religion in the pulpit liable for exceeding their
authority when done malicously, and that malice was
the precise point now to be established Ii vain
that the analogous caseperfecy analogous the case
OF kearny, except in the catastrophe-of Gov Wallis
ycon at the Old Bailey, being hung at Tyburn, and his
body dlsseced and anatomized-and that twenty years
after the event, for Furnishing an innocent man,
in vain that this pregnant and analogous case with
The law OF liability for malice under of official du
y clearly laid down by the Lord Chief Baron of the Ex
chequer, Sir Archibald Mcdonald the Attorney General
Sir Edward Law (afterwards Lord Peterborough y and
the Solicitor General Mr. Spencer Perciva afterwards
Drip tka L., IL