The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-23
CONGRESSIONAL.
IN sENATE or THE UNITED STATES.
ExEcUTIvx SrssIos, JULY, ls4s.
Nomination of Brigadie General KsarnyJor the 0repe
of Major GensrI.


Nomination of Brigadier General Ksarnyor the brerei
Of Major GensraI.
SUBSTANCE OF MR. BENTON'S SPEECH.
Mr.. PRrsrprsr: I am not TO speak behind a
mans back, nor conceal from him what say Nene'
as SENATOR nor as individual, can speak III Oh any man.
without giving him the chance to know it1not IN ue
spirit OF bravado to provoke resentment but from
sense Of justice and to ENABLE n 20 anS a
m. conduct of General Kearny. and have done all in
nv power to give him chance tor defending himself:
have moved for open discussion upon his nomination
Failing in that gave written notice TO his friend
MaoT Graham of the typographical engneers) OF what
was going do, with leave to learn and to answer all
that should say Upon his declining, l have but one
course TO follow; and that IT, to be my informant,
through the public press, to General Keay of all that
say about him. and accordingly shall publish my speech
into the parliamentary history of the country In doing
this shall violate rule OF the Senate, depart from
that decorum which above rules am the senior
ato elected for thirty years. and should set example OF
ORDER not OF disorder nthe body shall publish nothing
but that which have right to publish under the rules
Of the Senate. and which honor requires me to pub
lish No rule forbds member TO tell what he HIM
self says nomination. The rule is for the benefit
OF others, and to those who choose to give con
dental information to the Senate. He may tell what ne
himself says, but repeat word that SAID Dy
another. He may also all his evidence anu papers
Of every kind which not Of acondenal nature Tor
es IN nS So0 nG bs a"S
to observe them love decorum and mean to maintain
il attack no in secret and will make public what
That officer is nominated for the brevet of major gene
eIa "or gallant conduct at San Pasqua and for merto-
rious conductin California and New Mexico brewer
commission is commission of honor, and can only be
given where the officers honor is clean and bright 1t
is reward for deeds DONE and can only pc gwen LOT
real deeds The brevet neither 60 to dshonored
man. nor bear fasehood its face The brevet which
bear these tests cannot be conferred with honor
without disgrace. 1t cannot legally be confer
red at ALL And under all these points Of view, mean
Not nf
ought be rejected that the affair at San Pasual was
disastrous defeat through his mismanagement that his
conduct in New Mexico was unfortunate and IN Cafor
mia CRIMINAL and that inamy, not honor, settles upon
his name.
BY all the rules of fair proceeding the ons, burden
Thsy hold the affirmative i is for them to make good
their allegation OF gallaany and good conduct and to
vindicae, BY proof, the right OF Gen kearny to be
The truth of the allegations is denied They should ad
duce the proof On the contrary they adduce nothing
for hold nothing the Communications OF the President
reports Of Gen Kearny himself They are not founded
upon the reports of Gen Scott or Gen. Taylor, but upon
his own reports and the truth OF these Is one OF the pre-
else points denied hold the negative and 1t Is mol
regular TO give negative before affirmative proofs But
dsdainng the peadings OF lawyer, and holding myself
up the level of SENATOR proceed at once to dsprove
the allegations of gailantry and good conduct and tc
prove the contrary; and Tor that purpose shall have
COURSE my declarations, or to hearsay asser-
tons; but evidence judicial authentic, consisting
by the party be affected My speech shall be
position of facts sustained by evidence, and claiming
for my cause judicial proceeding lately had in this city
has collected and prepared for Counting the legal
evidence suppressed BY the COURT all the proof which
require speak of the late court martial, before which
the then lieutenant colonel (now Lieutenant colonel
of mounted rifles, John Charles Fremont, tried and
shall often have occasion to refer to the court in
terms of censure wish be distinctly understood thai
always except the President OF the court Gen Brooke
the members Of the court. Col Tayl, Col Hunt, and
Major Baker; that also except i.,n all censure the
Judge Advocate, Capt Lee of the ordnance; and that
never except on any occasion OF reprobaon. the mem
Der OF the court, Major Graham of the typographical
gneers, whom. to discriminate from all other Majol
GTahams that are, were will be, and for tina
will develop itself in the course OF my speech, shall in
dividualize by the name syle and description Of Col
The name of the Fremont trial may excite the idea O
PERSONAL---VERY. attack upon Kearny and the cour
by way OF revenge for Fremont is my son-in-aw, ane
has been wronged But whoever thinks that my speech
is go down to the level of personality and revenge
mistaken ] esteem Fremont: ! abhor his enemies:
will remember his wrongs. But shall not descend from
shall maintain its elevation 1t subjects of his
tory-American history-and will go into the record o
history. kearny. Stockton Fremont, California, New
Mexico the court-martial and the orders which in
yoved two commanders in collisions" and almost ciui
qr" the Of the Pacific: all these are names ant
IN h evidence
10 it. speak for history as well as for iustceanothe
why should make public what say, and give t
also be extended to the impugned members of the Ere
martial shall move the Senate, at the com
mencemen OF the next session. according TO the prece
dent set by the British House of Commons in the
Admiral Byng, 10 release the president and members
the court, and the judge advocate from their oath o
secrecy, that the secrets OF that prison hOuseth
court-martal room-nay be brought to light.
My subject is large one, and much ground il
every of the understanding from the Atlantic
the Pacific ocean, entering the field of public history,
bracing military and civil operations, involving the ad
mnisration of public JUSTICE the consideration of ma
iiona municipal and martial law and the conduct of in
viduals in public stations glimpse of this large sub
yect may be caught from the concluding paragraph o.
Ftmonfs Defence" read before the court martial at thu
conclusion OF the trial, and proper to be read now
general introduction to the subject the commencement
OF my speech. This is the paragraph
al consider these difficulties in California to he como
s u out his paes n.r IN s
iustable pretensions of Gen. Kearny thirdly in the con
duct of tho government in sustaining these
And the last Of these errors consider the of the
three
Cenainly the difficulties in California ought 10 be in
qured into; but how Not by prosecuting the subordi
nate, but the principals by prosecuting him who pre-
vented, but him who would have made civil war. iii
crime in me to accept the governorship from Com
modore Stockton, it crime in him to have bestowed
knew of his intention appoint me, and did forbid it
has lost the right of prosecuting either of us.
MY acts m California have all been with high motives
did something open California to the knowledge of nv
countrymen its geography had been a sealed book NV
military operations were conquests without bo0dshed
fofng, during my administration Tor parson with the
tranquil portions of the United States offer In
the condition Of New Mexico during the same
time. prevented civil Governor Stockton nv
refusing join General Kearny against him [ arrested
civil against myself by consentng be deposed-
Offering at the same time to resign place ollie