The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-30
CONGRESSIONAL.
SENATE OF THE UNITED STATES.
EXECUTIVE SESSION, July, ls4s.
Nomination of Brgadier General Kearny for the 6revst
of Major GeneIal
SUBSTANCE OF Mr.. BENToN'S SPEECH.

Nomination of Brigadier General Kearny for the 6reust
Of Major Genclal ,
SUBSTANCE OF MR. BENTON'S SPEECH
(cosTNUED.l
return to San Diego take up the subject from the
first meeting of kearny and Stockton at that place. and
recaptulate what has been proved Stockton informed
only waiting for the return OF ms commlssay, Hensley
from peninsula California with cattle and horses and for
the advance of Fremont from the north, commence his
movement upon Los Angeles distant one hundred and
thirty five miles He offered Keany the command of the
expedition, saying he would go as his aid Kearny
fused TO accept the command saying he would go along
as Socktons aid This took place at Stocktons quar-
ters few days afterwards this was repeated at
Kearnys quarters, and in the same words; and both
times the presence of many officers and perfect good
faith by both parties. THIS all right 1t was more
than right the part of Stockton it generous in
him. But ii was exactly right the part of Keany.
endorsed, discounted, and dispirted Dragons Stock
ton had body of troops had prepared the expedition and
was waiting the moment to execute It, Under these cir,
cumstances generous in him to offer the command
to Kearny; it would have been unbecomHg an officer
and gentleman in Kearny TO have accepted it, His act
in refusing the command, was that OF soldier and gen
eman his offer to give the aid of his head and hand
which he made at the same tme patriotic. Oh II ne
had only stuck that il his motive for the refusal had
not been sinister and selfish Inc act was on the
tongue. the motive in the heart and began to manifest
itself even that moment, and IN the midst OF these
courtesies In that very last interview and courteous
refusal of the command, and patriotic offer OF and the
motive for the refusal began to show ITSELF was in the
sly inmaon that he (Kearny) ought to be governor OF
California in virtue of his instructions The governor
ship was what he for; and then believing that he
had that by virtue of his instructions, he was content
The answer OF Stockton undeceved him. That answer
rebuked and silenced the mplden and silly pretens1En
governorshp then, sole object of Kearnys guarded ride
to California, had vanished from his view. The vision
had vanished but the yeaning after it still in the
dreamsrs breast. The govemorship to be the
ward of the conquest OF the counry-a conquest was
then to be achieved and hence the fraudulent perdous
FL o,I,af ord ,ftn @hn,
quest rather re-conquest had been made. That
quest complete until the captuation of Couenga
the result of the skul, rapid humane blameiess, he
roc, heart quering march of Fremont and that con-
venton. alarming and pacfyng the country, was concu
ded the 18th OF January twenty five miles from Los An
gees sent to the commander chief there whosoeveL ne
referred Stockton commandments chief by whom il
was approved that night and the the next morn
ing upon all California conquered and paclfed The
sun upon part OF the conquerors brewing
civh tcar" upon the others Here dates became of kill
ing import. 1t this same 18th day of January,
1916, that Keany wrote that letter. Its tace in It's
TERMS and in its object the application of military sub
ordinate his superior for leave to 60 the aid of Ere
mont with half the troops at Los Angeles to prevent him
firing" to the upper country This application in.
duced by the report of the armsce which Fremont had
granted preliminary to the armlses for
the terms of the captulaonthe fact OF the capuation
being already agreed upon. The dates now become
se9 on the @ 81 Re @ the mss
and had that "bed scene which the court suppressed in
which Keay exerted all his powers to seduce Fremont
through RUSSELL offering him the governorshp in
MONTH (when he himself would go home to Missouri y
and also cndeavorng poison his mind against Stockton
~ his enemy and an enemy to the capituatien of Cou
This testimony. from the moment the court began to
smell ts import, suppressed the ground of col
ateralityhe only instance in the long catalogue of such
impressions for nat cause, in which the ''collaera
members OF the court had actually reason their
side-a physical not legal reason. 1t was the testi-
mouy Of the bed scene, in which the actors lay their
sides-by the side of each other-on and atus, col
lateral and that sense the adm sson of the testimony
would have been the admission of collateral testimony;
and 80 rejected, with treason. | proud to have
opportunity to do this justice to the acumen of the court
On the 14th Of January, Fremont with his battalion,
entered Los Angeleswas received by Kearny with all
honor-a most fatterng letter written home in his ia
ver-a private interview obtained with him at kearny's
own quarers-the governorshp offered to him sin four
six weeks"-every effort made to seduce him-then
threats of "unquestionable ruin until all these ped-
ious attempts terminated by that noble letter of the
18th of Januarythat letter which the court martial ad
Judged to be mutiny and which will prove to have
been the prevention OF great crme then 1t was, after
all this that kearny wrote letter to the 'acting" gov
ernor, Stockton. of which this is paragraph
GAS consequence of the defeat Of the enemy 9Th
and 9th by the troops under command and the eap
laion entered into the 18th instant by Lieut. Col Ere
with the leaders of the Caifonians in which the
people under and in the field, agree dispense
Imain quiet and Peaceabe the country may o,e for the
OF by and as am prepared out the Presidents
instructions to me- WHICH you oppose must for the y-
preventing collision between and possibly
oa, in consequence of remain silent for the present.
leaving with the great responsibility OF doing that for
which you have no authority and preventing from
complying with the Presidents orders"
This letter demands close examination 1t is reve-
laton within ITSELF and key to unlock many things not
revealed.
L. It is the first hint that General Kearny gave of his
design to claim the chief command of the troops in the
expedition from San Diego to Los Angeles,
g. II was total change OF ground on which to claim
the govemorship of California was longer the ground
which he had put forth the pretension at San Diego
and suddenly rebuked and silenced but the new
ground OF the conquest of the country for the first me
by himself and Fremont excluding Stockton wholly from
the operation.
8. 1t was the first intmaton of the brewing of civil
war,
These are the revelations of the letter, and about
which there be argument The argumentative
parts, and the things sgnifed without being revealed
demand some attention.
l. Preventing him from carrying out the Presidents in
structions.
| deny this assertion, and affirm that Commodore
Stockton acting in precise conformity to the Pres
dents instructions. and in precise obedience to military
norsEip to Kearny o that the true question: and
yield to him the supremacy which he had twice gener
ously offered him at San Diego. and had been twice de-
cidedy refused affirm this and proceed to prove it first
making preliminary statement of law and fact BY the
law martial, special order from superior authority puts
the party ordered Beyond the authority of all other supe
rors until the special duty shall have been performed
and the officer performing duly relieved by orders from
the superior and through the regular channel of
nication This was the case with the naval command
ers on the California station. The conquest, civil gov
eminent, and preservation of California, specially
assigned to them by orders from the President of the
United States, through his regular channel of commun