Weekly national intelligencer., 1848-01-29

VOSSsSStOU
considerable places either, you ,o establish temporary
eri governments therein These instructions evidently
condiona and only applicable to country unconqueed and
without civil government On the contrary, before Gen.
Kearny left New Mexico he had positive (usng tie word
Of his order nformaton that all this already done, and
Immediately upon that spositipe" intelligence by Iii
minhing the force with which he had out He Mr.
Christopher Carson, bearer of official dispatches fom Cover
Stockton and of private letters from self; learned the
state OF things from him turned him back his guide
reduced e army Of The West" with which he was
quer California, to escort his safety travelling
the country, and went the sequel showed
Government orders already by Others but hat
rarely in any military seIvice) to take from others the
fruits of their tolls hardships dangers, aud victories He
the bearer Of dispatches sent by the real conqueors to
guide hnto show him the way to the conquered country
before he arrived there sent for aid from the conquero and
received in handsome detachment nearly equal half
his force and after fighting action with that aid four
days upon bill state of siege, from which he
lived by two hundred and fifteen out BY Commo
dore Stockton 10 conduct him in to SanDgo where he
safe This was not the conquest of California, the
plain Of San Pascual the hill Of San Bernardo the CON
quest Of considerable places" in that province
| give right to govern it. The subsequent operations were
under the command of Commodore Stockton and is be-
he should appear conqueor, in order to get right
under his instructions the goveorshp that the claim has
been up by Gen. Kearny have commanded the troops
Los Angeles and gained the victories of the sh and 9th
of January, and hecupon, in conjunction with the capula
ton of Coucngn, started claim the governorshp
the assumption that he had just conquered the country This
claim Is started in the letter Of the nth Of January S47
from Gen. Kearny Gov. Stockton, and clearly shows his
vew that time, of the conditional OF his in
strucons The letter has been quoted. Its effective and
applicable words at this point, As in consequence Of
the defeat of the enemy the Sh and 9th instant by the
troops under my command and the capituon entered into
the 18th instant by Lieut. Col Fremont with the leaders
of the Caomians, &c, the country for the first
time, be considered as conquered and taken possession Of
us and prepared carry out the Presidents nstruc-
to me, which y0u oppose &c. This extract shows Gen.
Kearnys opinions of his instructions at the time he
audt that hnvyy ha
let Of conquering and taking possession of the country 1t
shows his opinions but if the facts not he supposed
10 wit that he commander nchef in the actions of the
9Th and 9th, and that the country then, for the first
time conquered and taken possession of if these facts fail
him, they do, then his claim to command in Caor-
MIA fails ao and Commodore Stockton, the commander
nchef the 9Th and 9th, becomes second time the con-
queror.
That the instructions TO Gen. Kearny intended to be
conditional may well be conceived om the circumstances
der which they issued well from their terms The
navy had been charged from the beginning of the and
before ii in antcpaon) with the exclusive conquest preser
vaton, and government Of California. In giving military
officer orders go into California, conquer, &c. the
ngency that thing required TO be done might havebeen
already done obvious be overlooked and would
naturally be provided for in making the military Instructions
conditional. The einstructons say
Previous instructions have informed you Of the nten
tons of this Government pending the war with Mexico, to
take and hold possession of California. The object
OF the United States is under its rights nation
to possess itself entirely of Upper California. !" The
object Of the United States has reference to ultimate with
Mexico and it, at that peace the bases OF the M possdS
0rces to be found in actual possession Upper California
This will bring with it the necessity Of civil adj
mnlstraon Such governmen should be estabhed under
your protection Foryour further instruction, en-
close to you copy confidential instructions rom the War
Department Brig Gen Kearny, who is ordered overland
California You will also communicate your Instructions
him. and inform him that they have the sanction the Pre-
sident''
These instructions received by Commodore Stock
ton but were anticipated by him; and this anticipation OBJ.
of he
despatch Of the 5h November from the Secretary the Navy
the Commodore contained this clause in reference to his
operations in California "And il is highly gratifying that
much has done in of the orders which have
been transmitted" This written four months after
the transmission OF the orders of July 10th, and full at
caton Of all that had been done in anticipation Of them
But higher view remains to be taken Of the conditional
Of these instructions 10 Gen. Kearnya view which
involves their absolute repeal and nu unless undeood
cohdtonay-apd am advised by counsel that thaun
dersiandmg of them cannot them from the fate Of a
abrogaton until subsequently revived by the instructions Of
the 5th Of November 1916. few dates and facts establish
this view. The instructions Gen. Kearny which he
lies for his authority dated the Sd and sh Of June 1876
Now, happens that the 18th day Of July, in the moth
following, instructions of the most perempt0y character
dispatched to Commodore Sloat conquer hold, and govn
California, and to let Gen. Keany know Of these instructions
and that they had the sanction Of the President Here
extracts from the orders Commodore Soa, and although
they did not reach his hands, those OF his successor Con-
Stockton, until after the country conquered, yet a.
vised say their effect is the upon this prosecun
Ihs Is not The OF ocer prosecuted Tor not obeyng
instructions in which must be shown they lis
hands; but prosecution against me- successor Gov
Stockton for doing what The instructions commanded In
this the anticipation Of the orders additional merit
in complying with them and such is the with the orders
n question.
These instructions month later than those to
General kcany, and only specially confde the conquest
preservation and civil government of California 10 the naval
commanders but require the naval forces 10 hold the county
till the peace and direct General Kearny be informed a
codng and further informed that all this instruction the
naval commanders had the sanction Of the President l.
with the battalion commanded part Of the naval force
TO which this duty confided-( Commodore Sockons
testimony 9th day. This order remained in force unit the
instructions of the 9th Of November arrived in Caloin
which not until the 18th day of February, lS47 AND
WHICH WERE NEVER coMaUSIcATBD NE, WHICH
l REMAINED TOTALLY IGNORANT
MEScEMESr Neither General Kcarny, Com
modore Shubrck Commodore Bdde communicated then
TO me, although then governor and commander
in California, under the commission Of Commodore Stockton
TO whom the instructions Of 5h Of November addressed
were they communicated TO Com Stockton himself until
more than month after they received They
IDENTIFY concealed from me, for purpose yet explained
BY these instructions the military and civil duties con6ded
the navy transferred the commanding officer land
another proof that the land officer did then possess thc
and that officer specially named Gen. Kearny Col
Mason. The instruction says
The President has deemed it best for the public interests
10 invest the military officer commanding with the drcc-
ton Of the operations Land and with the dlsra6,e
functions Of the people and territory
pied by You will reGng1sh Col Mason, General
Kcany ii the latter shall arrive before have done the