The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-10-10

among those published January IS, 1874, be repub,
sheJ and that its observance as part of the general
regulations be strictly enlolned upon the army.
D' ''u'' % " WM. L. MARCY. Secretary of War.
The following as the paragraph of The General Regtia
tions for he army established the LIST Of March, 1875,
referred 10 aboue:
$3.50 Private letters reports relative to military
marches and operations, are frequently mschievous in
design and always disgraceul 10 the army They are,
therefore, strictly forbidden and any officer found guilty
of making such report for publication, without special
permission. or OF placing the writing beyond his control
SO that il finds lis way to the press within one month
after the termination of the campaign to which it relates
shall be dismissed from the service" BY order:
w. G. FREEMAN, Assistant Adiuant General.
X Presentation of the ADORE publications the depart
meat.
l. Letter of Senator Benton communicating the above
publications of Emory and Cooke TO the War Depart
ment, with the names OF the authors; which com
municalon action has yet been taken or the authors
of the publications in any way brought to account
either for the violation of the army regulation above
quoted or for the dshonoable and unoiicer like
duct OF circulating false accusations against absent
persons;
'Sr LOUIS, June H. 1877
"To the ADJUTANT GENERAL:
'SR: enclose you printed article, cut from the Mis-
sour Republican of this days date, marked Al contain
ing accusations against Lieut.. Col Fremont. which, if
true will require him to be cashered do not believe
they uue but his justification is not to rest upon be-
lief and as he cannot remain In the army with such ac-
cusaons az ans him. and is not here to attend his
justification, becomes my duty to attend to for him.
and to ask his immediate recall and general
tla upon him.
.'The writer of the article enclosed (marked AZ is
-, and give his witness to justify the ar
rest of Lieut. Col Fremont, and to be examined his
trial
81 also enclose you printed articles (narked and c.
to the effect the former from the Louisville Journal
and the latter from the New Orleans Pacayune, founded
upon reports given out by Major w. H. Emory late lieu
tenant of typographical engineers; upon which also ask
the immediate arrest and trial OF Lieut. Col Fremont and
give the name of the said Major Emory witness 10
prove the charges in the papers and g. and TO justify his
immediate recall arrest, and trial
at is not necessary 10 acknowledge the receipt of the
communication TO me at t's place, as shall soon be in
Washington to give the subject personal attention
Requesting that YOU will lay This communication i'm
medatey before the President and Secretary at War for
their decision,
81 have the honor to be, sir yours most respectfully
"THOMAS II, BENTON
"P. s When the foregoing written expected the
editor of the paper missouri Republican, TO insert the
name of the writer of the article A in the blank left for
that purpose Alter taking time for reflection he declines
TO do So have therefore to say tina, the last paragraph
OF the communication, seeming to exclude all the Off
GERS at San Diego but the two arriving with the Nor
mon battalion after the events, the question OF author
ship is narrowed down to those two and of them
to wit, Captain Smith, OF the dragoons-has connex
ions and correspondents IN this city, feel authorized
name him the writer and the witness to be sum-
moned. But, anxious to do Captain Smith no wrong,
shall have this statement submitted to the editor for his
contradiction, if the truth permits to be coniTadcted
[n the postscript to this letter will be seen that
Capt Smith, OF the LIST dragons, then and in Cali
forna was gwen as the supposed writer oil the article
marked A. and the reasons given Tor that suppOsition
Since that time, and since the return of Major Cooke
from California Senator Benton has received assurances
from gentleman in st. Louis, in whose word he has
implicit faith that Capt Smith not the author of that
article; upon receiving which he Immediately
filed in the War Office a revocation of Capt Smiths
name as the supposed author of the articles and upon
presumptOns not only probable, but violent substituted
that OF Major ST. George Cooke'l
T r. ~.
Letter of Lieut. COL Fremont asking for trial upon
all matters Of accusation against hm, both autograph
and anonymous:
&C STREET, WASHINGTON, Sept IT, 1917
To the ADJUTANT GENERAL:
SIR According to the orders of Brigader General
Kearny have the honor report myself 10 you in per
son. in state OF arrest, and to make the following
quests:
81 copy of the charges filed against me by the said
go. copy of the orders under which the said General
brought back from California TO the United States myself
and the Typographical party OF which formerly had the
command,
So A copy of the communication from Senator Benton
asking Tor my arrest and trial the charges made in the
newspapers against me, and which application from him
adopt aud make my own.
-. That charges and specifications, in addition to
those filed by Gen. Keany be made out in form against
me, on all the newspaper publications which have come
or shall come to the knowledge OF the Office and on all
other information, oral or written.
IS. That may have trial as soon as the witnesses
now In the United States can be got TO Washngton for
although the testimony of the voice of California. through
some OF its most respectable inhabitants is essential
me, and also that of Commodore Stockton, who has not
yet arrived from that province, yet will not wish the
delay OF waiting for these distant witnesses, and will
so INTO trial on the testimony now in the United States
part of which is in the State of Missouri and may require
thirty days get il to Washington therefore ask for
q trial at the end OF that time.
These requests have the honor to make, and hope
they will be found to be just, and will be granted wish
full trial, and speedy The charges against me
by Brgader General kearny, and the subsidiary accusa
uons made against me IN newspapers, when was not IN
this country, impeach in all the departments of my
conduct (mltary civil, political, and moraD while IN
California, and II true, would subject me to be cashiered
and shot under the rules and articles OF war, and TO
fanny in the public opinion. 1t is my intention TO meet
these charges and accusations in all their extent and for
that purpose TO ask trial upon every point of allegation
or inslnuaton against me- walvlng all objections to forms
and techncalltles, and allowing the widest range 10 all
possible testimony. These charges and accusations
so general and extensive TO the whole field OF
my operations in California, both civil and military, from
tons, and those OF which | was the subject or object
extend to almost every act and event which occurred in
the country during the eventfu period of those hosttes
the testimony on my trial will be the history of the
quest OF California and the exposition OF the policy
which has been heretofore pursued there and the elucl
daton OF that which should be followed hereafter twill
be the means OF giving valuable information TO the gov
and thus enghten it both with respect to the past and
the future Being military subordinate, can make NO
report not even OF my operations; but my trial may
become report and bring to the knowledge of the gov
eminent what ought to know, not only with respect to
the conduct of IFS officers but also in regard to the policy
observed or necessary to be Observed with regard to the
three-fod population Spanish Americans AngIo-Amer-
A l.-L