Weekly national intelligencer., 1848-01-29

by common consent m such time as the home
should direct differently defntvey This is the plain i'm
port Of the letter. and any thing contrary to 1t was intended
never heard OF II, any thing contrary done, TIL
than two weeks aer the contingency reserved urhe
instructions from the Government had happened.
That did not misconsue the letter. as received there
and circumstances justified my construction OF IT. Is render
certain by the additional light which have upon It now
This additional light is found in the despatch Of Com Shu
brick to the Government of date with the above letter
to In this despatch is the following:
GU S. SmP INDEPENDEScE,
90 Har5or Of Monterey, February Is, 1Si7.
"SR Since my letters Of the 26 27th and 2sth ultmo
the Territory. The people seem TO be settling down into
quiet acqaescenee an ne change eSove1nme those bes
/ further disturbance Of the peace of the country.
"Gen Kearny arrived here the Sh in the sloop of-war
Cane and after the adoption Of such as we thought
necessary here Ise Aim 10 San FRANCISCO IN the Cyane to
which place should have accompanied him, but that
looking daily for the arrival Of Com Stockton from ST. Diego
and it important that should receive his reports before go
| further.
"You will have learned ere this that unfortunate differ
has taken place Stockton and Gen. Kear
and between the General and Col Fremont growing out
OF the appointment Of Col Fremont Civil Governor Of Cali
foa by the Commodore and the refusal OF the Colonel to
| acknowledge the authority ofthe General
81 have enjoined By Instructions, exchanged
opinions NTH Gen. Keny and shall continue 10 concert with
him such best for keeping quiet possess
sion of California
"h regard 10 the ciuil government oftie Territory,
THoRTY WHICH is contained in
your Instructions to Com. Sloa OF 2h July last which
ceyed by the Lexington, measures hare bee ~ my onion
GovERNoR MADE gentleman who, am led to believe is
acceptable TO the people OF California butt as me Intention
% s arx ~ a aad IS to his
wishes may be expected hare determined 10 G1pt such
information, and eoae myself for The present TO arrange
nents for Che quiet pqssesson e ne 1er'foy' and ior the
blockade of the coast OF Mexico.
Now this is conclusive Of CON- Shubricks intentions and
opinions his views Of his authority and Of the manner ne
tcrmned TO exercise it. II is conclusive that though he Was
pleased 10 impue precptacy the action of Commodore
Stockton and had been hd to believe that the appoint
ent made by him not of the right sort Of person. yet
that he did not question its legality, the authority for
making it. also conclusive, that whatever doubts he had
the proprefy of the appointment made by CON- Stock
ton he did feel authorzed under the powers which
he held disturb least that he declined to do
Not to disturb to continue to AWAIT information
from the Government concerning the appointment, to
recognise the appointment in the time, and in effect W
that had been necessary to confirm it.
Such the action of Com. Shubrck, after comparison
of his instructions with those of Gen. Keay, and after
sutaon with that officer and such the effect of that
action upon my appointment
proceed show that in determining on this course
of action Commodore Shubrick had the agreement and
quescence Of Gen. Kearny This appears in the official
despatch Of latter of the 18th March, which, after relating
his meeting with Com Shubrck Monterey, on the sth
February" proceeds as follows:
On showing 10 Com Sttbrick my instructions from the
War Department OF June Sd and lSh 1885, he al
prepared pay all PROPER RESPECT to them, and being at
the commandernchef OF the naval forces on this
station he acknowledged me as the head and OF
troops in California, which Com Stockton and Lieut.
Fremont had hitherto refused lie Shofced the
sructons to Com Soat OF July e from the Navy Depart
men received by the Lexington Valparaiso on the Cd De-
cember and which he had brought with him from there
as tev contained directions for Com Soat take charge
the cila fairs California; Immediately told Com Shu-
brick that cHEERruLLr AcauEscED and was ready to afford
him ANr ASSISTANCE in my power We agreed upon oar
sebarte duties and then went the Bay OF San Francisco
taking with Lieut. Haleck, Of the engineers besides Capt
Turner and Lieut. Warren when made
of the BAY with view to the selection Notifications
for the protection OF the shipping in the harbor aud security oil
the land forces.'
hory Com Shubrck civil affairs of the territory,
and acgesed the determination Of that officer not to dis
turb Com. Stockons appointment until further information
from the Governments and that the two agreed upon their
separate duties in the premises This letter also establishes
another important circumstance the true weight and value
attached by Gen. KearHy himself to his instructions son
showing Com. Shubrck my instructions he at
prepared to pay all proper respect 10 e and being at that
time commanderchef of the forces he acknowledged
me as the head and commander Of the troops, &c. The
litter part the rests entirely upon Gen. kearny,
the letter Of CON- ShubFck containing nothing OF the sort
and the phrase used in towards Gen X, viz sent him
in the Cyane" &C. would 10 imply the contrary. But
grant Gen. Kearnys position, and It results that in his own
estimation "propT respect to his instructions only re-
qured him TO be acknowledged the head and commander
of the troops" and that he did consider himself entitled
under them interfere with the civil affairs. Gen. Kearny
adds after stating that he acknowledged the head and
commander of the troops the words, "hic Com. Stock
TON and Lieut. Col Fremont had hitherto refused" Now
what the testimony this point Com. Stockton teses
"Aer Gen. Kearny arrived and in my quarters and in
presence of my military family, o6edt to make him
conrnanoer-in-chief oUer all Of u.s. He said
that the force mine
The agreement their respective powers between Com.
Shubrck and Gen. Kearny, and the determination Of the
former with the acquescence of the latter that the state Of
affairs then existing should await further information from
home was doubt the legal and proper course, and had il
been continued every thing would have proceeded har
moniously continued in, far appears until after
the receipt Of the instructions which they had determined
await The wrong in not obeyng those instruc-
tons put entirely out Of view, in this connexion, my
right lawfully and regularly reiered and plant myself
the express letter Of the instructions Of the 5h November
These mandatory the naval commander renquish
the control of the civil administration, and TO tn ope
the papers connected with it. The only way in which they
could be obeyed for that commander inform of the
order he had received and take from my hands the Office and
the archives connected with it, that he might directed
nquish' and turn them over to Gen. Kearny. For
purpose yet unexpaned-uness its object is in this
prosecutionthey obeyed kept in ignorance
Of the wishes Of the Government and Gen. Keay undertook
by wrongful orders get possession from what he could
only lawfully receive from Com Shubrick
And this leave the defence Of this act both where II
charged as muny and where it arraigned offence
against etiquette.
Specification under the charge Of mutny is based upon
the letter Mr.. Willard Hall, and charges a design to per-
suade him Mr. Hal) to aid me in my muny against Gen.
Kearny. The first Of Mr. Hall the first question
put him (3lst day. entirely negavcd that charge On
the day after Mr.. Hall into Court and desired to
plain his testimony The explanation went to show that by
the expression in the letter. suffer myself be in
-f-Ll L.. oftn al ~xt