Weekly national intelligencer., 1848-01-29


ss1aswef did bear order from Com. Stockton Gen.
Kearny on the 9Th January the field of battle The
had been observed 10 withdraw his guns the height
The Commodore directed go Kearny and say
him to send square and edpece Immediately upon the
height TO prevent the enemys returning with their guns
went and gave him THE ORDER and my return CON-
Stockton observed the division square Of Gen. Keay
ing toward the hill.
q Question Did you that order to Gen Kearny in your
character OF ad-de-camp Conn., Stockton the commander
in-chef
! %. .anszper. Yes.
words aud which you delivered that order Did you
deliver SO that Gen. keary must have received it
IiSsoer carried il ORDER in the usual respectful
How Gen kearny received y Of course cannot say
according to the best Of my recollection y
Finally shall conclude this point by showing that Gen.
Keany did not and could not at any time have considered
himself the commander OF the expedition, OF the troops
composing IT. and not considered by the army officers
WHO had accompanied him into California and were there.
Because
!. The place which Gen. Kearny held in the expedition
that which had been before assigned lieutenant of the
navy serving under Com Stockton and this Gen. Kearny
knew. Thus is the testimony of Com. Stockton
"Afer the forces had been paraded preparatory the
march, and was about mounting my horse Gen. kearny
and inquired who command the troops =
said him. Lieut Rozvan first lieutenant Of the Cyane
7voud command them. He gave understand that he
would like to command the troops and, after further
conversation on the subject Iagreed appoint him TO the
mand Immediately sent for Lieut.. Rowan" &c.
3D. Because at the moment of receiving the appointment
he informed that the command in chief reserved by
Com. Stockton This Com. SIS testimony to this point
I Immediately for Lieut. Rowan and assembling the
officers that hand stated them that Gen. Kear
ny had volunteered to take command of the troops but that
retained my position conma,der-n-clef. directed
and the commssary who with to take
a note Of what said on the OCCASION"
And to the effect is the testimony Of Lieut. Gray and
Lieut.. Minor, and the certificate of Lieut. Rowan.
g. Because both Gen. Kearny and the army officers under
him received and obeyed the orders Of Com. Stockton in
instances in opposition to those FIRST given by Gen. K
both the march and in the battles The evidence this
point need not be recapitulaed. Com Stockton teses
it, Lieut. Minor testfes il, Lieut. Gray teses it and
Lieut. Emory estes having received and obeyed orders
from Com. Stockton.
A. Because Lieut. Emory attached to Gen kearny dra
COON escort ana acting assistant adutant general did not
make his official report of losses in action in the expedition
Gen. Kearny, but to Com Stockton True, Gen. Kearny
says this done without his knowledge 7; but
that only the stronger proof that he regarded
spected the commander nchie, by his confidential
supporters and military family.
s. Because he admitted to Col RUSSELL appears repeat
edly in Col Russes testimony that he serving under
Com Stockton, and had been serving under him from San
Diego
6. Because when delivered to him, and he read in my
presence my letter him of the 7h January, which
this passage "I learned also, conversation rou
that, the march from San Diego recently to this place,
you entered upon and discharged duties Implying
KsowLEDoMEsr your part Of suPREMAcr to Com.
Stockton"-he made denial Of ii, objection to it.
T. Because the 18th of January, he applied in writing
to Com Stockholm advising" and "oliering" sto take
one-ha" of the command and 6 march TO form junction.
&c, addressing Com Stockton in that letter Governor
of California, commanding U. S. torces."
On the eighth day of the trial Gen. Kearny testified fol-
lows
uesio Do YOU know whether the officers of the baa-
lion raised and marched it under commissions from Com.
Stockton
''sts4per have always understood that Lieut. Col Fre-
mont had raised that battalion under the direction of Com
Stockton.
s'Quesion. With what commission
e.7nslver heard of Com. Stockton's comforting
commission Lieut. COL Fremont further than having ap-
pointed him military commandant of California
The object Of this inquiry not by any MEANS get
opportunity dscred the witness The object
tain before the Court that the battalion enlisted organz
ed and ocered exclusively under naval authority and Of
subject to the orders of the naval commander and
also 10 ascertain if these facts within the knowledge Of
the witness when he attempted get command Of the batta
lion, in opposition Com Sockton both being inquiries
pertinent the issues of the trial. and the facts being what
desired But the of the last such
to eavehe original inquiries unsettled and to open ne,c
one. The this
Inse heard Of Com Stockton's conferrng commission
Lieut. Col Fremont, further than having appointed him
nnItGr'y commandam of California"
And the new question raised was whether in fact the wit
had "nersr heard" Of notorious in that
country Accordingly on the next day. Gen. Kearny having
mentioned the receipt the 10th December, 1896 Of
tain communication from Com. Stockton, this question
put
aQuesion Did not Com Stockton in that communication
inform you that Captain Fremont had been appointed by bim
o and Lieut. Gillespie OF the marines, captain in the Ca
hiornia battalion !"
And acopy Of the paper having been shown TO the wit
ness, he answered
'9nsT Among the papers sent to me by Com. Stockton
the 18th December copy Of his letter the Navy
Department. dated Augus 1916 the second paragraph OF
which states that he bad organized California battalion Of
mounted emen by the appointment all the necessary Off
and received them volunteers in the service OF the Un
ted States; thar Captain Fremont appointed major, and
Lieut.. Gillespie captain Of The battalion"
Again, on the 9Th day Of the trial. two other papers
shown to the Witness with this question
" Were copies OF these papers, describing him FIRE.
mont Major Fremont among those furnished to you by
Com Stockton al San Diego And were moi copies OF them
filed in the War Department by you since your return from
California after your arrival in this city n September
last
.fnswe. (Aher reading the papers think that
pies OF these papers furnished By Com Sckfon
To the part the question, Were they not filed by
you the War Department your return from California
and after your in this city in September last
the papers the certificate from Capt Townsend that did
think Capt. To1rusend is mistaken"
But the following day he admitted that Capt Townsend
not mistaken papers had been put into his hands
by Conn., Stockton in Dec 1885, and had been filed BY bim
(Gen X in the War Office late the 2lst Of Sept last.
From all this however, only resulted that he had seen Of
the appointment of Fremont majors that he had "never
heard Of yet disproved This was accomplished
in his testimony the ninth day, when he admitted as
follows
Com. Stockton did inform me- in the conversation alluded
between that California had been conquered July and
August Of the year. hs conversation held in Decem-
men, &c.
-.