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

with Circumstances OF DESTINATIONS and CALLING degrade
on-have all combined to present me as the great male
factor, and the sole one.
Heretofore have said nothing, and could have said
nothing, in my own defence Was ignorant OF all that
going against me Ignorant OF the charges sent
from California; ignorant of the intended arrest and OF
the subsidiary publications prejudice the public mind
What published in the United States In my favor,
by my friends, done upon their own view OF things
here, and OF which knew nothing IL was only on my
arrival the frontiers of the United States that became
acquainted with these things, which concerned me so
nearly Brought home by General Kearny, and marched
his rear did not know OF his design To arrest me unu
the moment of its execution al Fort Leavenworth He
then informed me that among the charges which he had
preferred were mutmy disobedience of ORDERS assump
ton OF powers, &c. and referred me to your olfce Tor
particulars Accordingly now apply for them, and ask
Tor full and speedy trial, not only on the charges filed
by the said general but all accusations contained IN
the publications against me.
1.-The private calamity which has this evening obtained
for me permission from the department to visit South
Carolina does not create any reason for posponement or
delay OF the trial. any way interfere with the neces
sary preliminares.
Hoping then sir, that you will obtain and conmun-
cate 10 early decision OF the proper authorities on
81 c. FREMONT,
60 Lieut. Colonel MouAted Rifles"
?. Letter of Lieut. Colonel Fremonts counsel, renewing
and repeating his request for M trial. and furnishing
the names of persons who had made circulated anon
ymous accusations against him proper witnesses TO
substantiate what they had published; and also pro-
testing against the trial of Commodore Stockton in the
person OF Lieut. Col. Fremont;
"WAsHINGroN, October 25, 1Sl7.
ITO THE ADJUTANT GENERAL;
''SR: As counsel for Lieut.. Col Fremont in the trial
now impending against him at the instance OF Brig Gen
keany, we have had among other things, under consid
Grafton your letters of September 27 ana October 49, IN
answer TO Lieut. Col Fremonts applications IN his letter
TO you OF the nth ultmo In considering the reasons
Tor refusing to institute charges on the newspaper publ
cations referred TO, to wit that they anonymous,
and that II not the practice of the service to arragn
an officer upon charges based upon anonymous newspa.
hIrnft nhtn to Tho al
this usage general rule have to say that IN this
case the publications in question could not be considered
as anonymous the names OF Two oilcers OF the army
last by Senator Benton the supposed writer's one OF
whom Capt. Emory, of the Typographical Engneers)
present in the city the other Capt Smith, of the first
dragoons) absent in California. The name OF Cap
tain Smith has since been withdrawn by Senator Benton,
as an erroneous supposton with respect to his author
ship but that OF Major St George Cooke, OF the second
dragons, substituted the believed author who is now
in the United States, and a witness summoned on the
part of the prosecution The names of these officers
being given TO the department the supposed authors
OF part OF the publications. they cannot be considered as
anonymous and as coming within the rule OF the war
Department Others OF the were IRON letter.
writers assuming an AR OF semi oiilclay, ana knowi-
edge OF the contents OF unpublished dispatches and evil
IDENTIFY coming from persons in about the departments,
and therefore claiming place in the public mind very
much above the character OF anonymous publications:
Besides, the rule probably adopted Tor the benefit OF
officers and to prevent them from being harassed with
untounded accusations If the benefit OF the rule has
been renounced and waived by Lieut., Col Fremont, in
the fact OF his asking trial on the said publications
The of these publications further for
having trial upon them for they all relate to the charges
which Lieut. Col Fremont is to be tried and are pub
lie specifications under those charges greatly prejudcng
the public mind against him. We therefore insist that
the publications heretofore filed in the War Office, and
the two herewith communicated, (Appendx A and b.
be delivered to the Judge advocate, 10 frame charges and
specifications every head OF misconduct which they
aege or nsnuae, aud give the names of Capt. Emory,
Major st. George Cooke Francis J. Grund, and Samuel
nf fhn
any objection IS made for the want OF prosecutor on
this part of the charges, we answer that we apprehend
the rule which requires prosecutors was made Tor the
benefit of the accused and to prevent him from being II
responsibility harassed that this benefit waived and re-
nounced in the and finally that the department may
order any officer to prosecute, If they deem that ormay
material.
"The undersigned also claim for Lieut. Col Fremont a
trial for having commenced hosttes against the Mexi
can authorities In California without instructions IRON
his government, and before he had heard OF the actual
existence OF war; and of all his conduct during the war;
and especially in all that relates to the raising and march
ing OF the California battalion, the pardon OF Don Jesus
insurgent Californians under Don Andres Pco They
clam trial on these points, due both to Lieut. Col Ere
mont and to the government AS a military subordinate
he make report and has made none and says that
he has not been required by any authority to make one
At the time hosties actually commenced, under
circumstances, if unexplained to bring great censure on
Lieut. Col Fremont and also to give color TO the charge
OF the Mexican government that he sent to Caliior-
MIA under the color of scientific expedition to excite
nSurrectlon against the Mexican government Wnle me
two governments were in state of peace The witnesses
already summoned will be sufficient to clear up these
important points, and also to depose TO all the facts
in relation to the raising and marching the Califor-
MIA battalion, under the orders OF Commodore Stock
ton, the pardon of Don Jesus Pco, and the capitu-
ation granted to the forces under Don Andres Pico-
themselves of decided effect in the Californian
war, of which report has been made for which Lieut.
Col Fremont has been greatly blamed, and which the
truth of history, well the honor OF his own charac
ter and the character of the government, require to be
correctly known They also ask, proper evidence on
this part of the case, copy of the letters from Mr. Lar
kim United States consul at Monterey to the honorable
Secretary Of State, during the time that the difficulties
were growing up between Lieut.. Col Fremont and the
military commadant general Don Joseph Castro, in the
spring of 1916, and which letters give authentic lnfoma-
ton on the first and early stage OF these difficulties.
''Besdes the publications communicated, there are
others injurious to Lieut. Col. Fremont, IN relation to a
challenge to Col Mason TO fight duel in the month OF
April last at Pueba de los Angecs, and afterwards fell
the service and the honor of Lieut. Col Fremont requires
this aft M to be investigated which can easily be done
upon the testimony of witnesses already summoned TO
attend the trial. although the two best witnesses IN the
Captain Smith, of the LIST dragons, and MAJOR
Reading, of the late California bataon) are IN California
ain looking over the charges and spechcatons,h Is
that the imputed acts OF mutny, and dIsobeuence
and dsordery conduct, refer to period OF time when
Commodore Stockton and Gen Kearny were contendlng
for the supreme command in California, ana when ne
decision of that contention was attempted to be devolved
upon Lieut. Col Fremont, as commander OF Inc Gall
forna battalion, by General kearny giving MN orders IN
contradiction those of Commodore Stockton; winch
decision Lieut. Col Fremont declined to Make and de-
termined remain he and the battalion were, under
the command of Commodore Stockton until his Two SUI
periOrs decided their contest LOOKING upon tns 10
be the correct answer the undersigned feel II to be their