The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-29


o TINS cosenrssIosAI Rre''rrH viii be furnished
same
TO The party calling him. ii he'd that the party may
asa mailer of right, Inc him. ~ ., t
la addition to the already stated, which show
Lieut. Emory from his connection with the prosecution. 10
cessariy predisposed favor there others which il
thought leave doubt in the minds OF the court III
Returning to the United States as the confidential
senge OF Gen kearny Lieut. Emory began strictly par
writing thence letter of partisan character, which was
published his in newspapers of the United
with his arrival Havana then ut New Orleans then a
Louisville and. finally, at Washington. most injurious
those cities, IN many instances in with his
and in some instances he youched the informant FL
nay, since his arrival in Washington he has avowed him
sell the author OF two injurious charges against Lieut. Col
Fremont and has acknowledged be personal enmiy
with him.
Lieut. Col Fremont respectfully presents these consd-
eraon The court and will very ceerully abide their
decision upon what he has asked"
OF course, the application rejected-ilegally and
upjustly rejected tga
The particular point, qualified as pinching, aud at
which Lieut. Col Emory had twice been referred TO, and
vonched by General kearny the proper person to esi
fly, to the OF the delivery of the order, the
compliance of which became the foundation of all
the subsequent proceedings. which yet only in the
commencement The tune of delivery vital for.
besides the intrinsic illegally in the ORDER there was
question in the time which, according otis solution
would involve General kearny himself in the guilt OF
muny subject him (save his citizenship 10 the pen
allies OF the second section. That question was this:
Whether the delivery of that order before after
the order of the commander Governor Stockton,
suspe ndng General Kearny, 'from the command Of the
United States forces that place" If before the suspen
sion, it was muny against his commander for which he
was liable 10 be shot under article of the Rules
and Articles of War; if after it the awless act Of
shot f not citizen of the United Sates) under the
second section To fix this time became great point be-
fore the court though stood for nothing after if was
fixed. The order OF suspension bore date the 10th OF
January the order to Fremont not TO reoganze the bat
talon, bore date the same day. The question was,
which was pror' And, finding il impossible to get the
time fixed by General Kearny, Capt Emory (the bearer
of the oder) introduced and fixed the time at about
o'clock nght-conseque after the suspension
Compelled to Lieut.. Col. Emory witness for
Stockton, (for the trial was really between him and
kearny, Col Fremont being nothing but the "Richdrd
Roe" of the recordD he sworn; and at p l6l was
brought to the question at between Com. Stockton
and Gen. kearny, thus:
"Question. Did you write letter from the isthmns of
Panama for publication in the United States which related
copy of that leuer1
THE paper shown the witness, with this question:
"The following a and copy OF letter pub
hed in the New York Courier and Enquirer, of April o.
10 the Editor of the Courier and Enquirer:
PANAMA, March I5 1917.
's: BY the arrival of the United States ship Dale, this
day. am placed in the possession Of The Californian ertra
publ he'd at Monterey, January e. 1917, containing let
ss a fs tho s % BIZ
Of hs ia s United i sss
letter in question states the skill in managementrndde
ermned courage and bravery Of our commodos ssocs
SIT also the attending the Caarliap,an
wads with General K,arny San Pasqual, npaeF ,tfSps
uery bold and arrogant and euery Of thmtd
snow, sir, the facts follows. No order any mo-
given either in the fight of the 9Th or 9r which
the Undersigned as his acting assistant adoant gensra
General Kealny commanded the troops in both bates-
kata OF Sur oil xuhi,
before day the morning of the 9th December, General
kearny attacked beat and chased some miles, l6o we'll
ted by unexamped march the deserts of America
of more than 1000 miles
''The statements and impuations in the Californian
extra are therefore sI false
Very respectfully, yours u ruopv
Lieut. Corps Top. Engineers.
On Offering this question, the court ordered to be
cleared: when opened it was announced that the ques
ton should not be pM-(Page 1922 Lieutenant Colonel
Emory therefore, prevented by the court from be-
ing examined upon his own letter, written from the 18TH
mus OF Panama to the editor OF the New York Courier
and Enquirer, which hehad characterized tse' the
anonymous publication in the californian Extra" since
avowed by Purser Speiden his communication, and
certified by fifteen officers and others, all eyecitnsses
to be true; in which the said Lieut. Emory had asserted
that mo order Of any moment giuen enher the
fight Of the sM Or (o) the 9th of January Which aras not
giuen by Gen. Kenny in person, or through (himselD
he undersigned. has acting assistant uant general
and in which he asserted that General kearny "cOm-
nanded in both battles General Kearny and Lieut. Col
interrogation upon that point ceased Gen. Kearny
thereby left without single witness to sustain his side of
the issue with Commodore Stockton; and worse He
was left without the support OF his own selected cham
pion the United States TO sustain his causecoa
mencing on the sthmus of Panama to sustain his pre-
tension and continuing at it until after his arrival at
Washington By all the rules which govern verdcts, the
issues should then have been found by the court martial
in favor of Commodore Stockton. They did not so find
but of this hereafter The people Of the United States
the veracious historian-and posterty, will so find it AT
present. the question what effect these acs thus
abshed should have on the question of confirming the
nomination of General Kearny Tor the honors OF brevet
major general in the army OF the United States? hold
should be fatal to that nominations and that upon the
outside view OF the case; as mere untrue report
TO his government mere untrue teshcatlon before
court martial mere unfounded pretenslon TO the hon
ors of command which belong to another But there is
an inside view of the which mparts deplorable
enomity this uniounded pretension and which now
proceed to develop. 4c So
[spEECH CONTINUED ] ...D.I.-
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