Weekly national intelligencer., 1848-01-29

quest that country from necessity therefore depotued
with the necessity of temporary civil government aud
the 18th Of july is46, Com Sloat was informed that
snch government should be established under his protection
Contrary 10 all expectation this despatch did reach
California n'lnl after The arrival there 9f Gen. Kea,1y
On the 5th OF November lsi6 Com Stockton informed
that the President has deemed best for the public
10 invest the military officer commanding ~M Me direction 81
ME operations aid and rpih The administrative fqicRons
ouer The people and territory occupied by He also di
rected to refnqh Col Mason to Gen. Kearny, il the
latter should arrive before he had done So the entire control
these matters and him all papers
ry the performance of his duties 5eeved Mat
ths despatch might anticipate h a4fuat an California Of Gen,
hegny. SIMILAR instructions were communicated
to CON- Stockton under date of January IA, 1sl7 and were
renewed to Shubrck under date OF May TO- Si7 copy
these last Instructions which this subject very full
distinct are herewith enclosed"
All these dispatches were aie.. The mischief was al
done elre they arrived, and they leave the naval officer.
completely justified and Gen. Kearny wholly without
for attempting TO make himself Governor in California in
not contemplated by his instructions and in which he
would have TO with dlsorganiZing established
civil government before he could begin to organize His
whole conduct from the day he Mr. Carson contrary
to the intent and meaning of his Instructions He
conquer California already conquered. He to
establish civil government 1t already DONE He was
to lead army California he took only personal
He turned back twoirds Of his dragons he should have
turned back the whole, and himself with them He should
not have applied to Gov Stockton TO send him aid San
Pascua and the hill Of San Bernardo, if he intended
contend with him for supremacy after he got there He should
have ATTEMPTED to found claim to the governoshp the
victories OF the Sth and 9h OF January aer the refuaton o
his claim by tom Stockton ut San Diego. He should
have pretended have been commandc-n-chief the
march Los Angeles, in order to found upon it claim
the govenorshp in right of conquest He should not
the letter of his instructions had borne him out (Which il
did not have attempted take the fruits Of conquest from
those who had conquered the country before he
and without whose helping hand he could not have got it.
have made clear the right of Gov Stockton under
whom held the governorshp of California the time the
act done which charged in the specifications under
naton be governor himself upon his assumption OF
the office, and afterwards to appoint his and
that these governorshps valid under the law of nations
until dsapproved by the President the numbents in
way lawfully relieved discharged Having done this l
instructed by counsel to my original position Gas
in the letter of the 18th January in declaring that all this
difficulty in California question between my two supe-
es which should have been settled by the Government
tween hem and not settled my person by trying for
mutny and disobedence against Of them-charges
which might have well been exposed in dsobeyng the other
And am further instructed by counsel to and to
peat in the most solemn manner the PROTEST. heretofore
filed in the War Office by them in my name, against the
and of thus trying for the acts Of
Com Stockton and Gen Keany for declining the espon-
sibily of settling their disputes of authority.
3 The second head Of my Defence these
specifications is, that Gen. Keany that time had right
command the battalion which the order of the 9th
January applicable The argument heretofore made on
this point is referred to, without repeating it to show that
this battalion part of the naval forces under Commodore
Stockton and that my Duty stated in my letter Of
the nth Of january TO continue to receive orders from him
in relation to it.
3. The third head of my defence these two specifications
is that the order Of the 9Th of January S47 besides being
illegal in ITSELF had relation any other change in the
battalion than the changes intended at the time given
This egay has been heretofore shown both being issued
without authority by Gen. Kearny and because was in
positive violation of the rights of the men, Of whom had
engaged for the expedition alone, and that being over
entitled by their and by law their discharge Many
accordingly discharged and Others engaged and all
the necessary OF the country and under authority
governor and commander-n- The nullity Of the
order being founded the familiar Of information e-
tracted from by Gen. Kearny, and peyertedinto mill
tay official report placing myself and the battalion under his
command has heretofore been shown and the facts and
guments adduced that point referred to, without
being repeated applicable to this order the 9th Of anu
ay at its present reproductions and often il shall be pro-
duced hereafter Illegal and null for the purpose Of
its issue, it is clear this order had relation the
issued any thing but the reorganization then intended and
noting Captain Gillespie into my place. being that day
mssoned governor and take effect
Commodore Stoctons departure. The circumstances Of
the orde delivered in the night limited it to that immediate
impending operation. The charges preferred by General
Keany limited it, he having testified before this Court that
he preferred but single charge Understood to be muiny)
that these his chageshat they had been changed
This only that he has extended the order the
10th January subsequent acsto changes subsequently,
made in the battalion With this corresponds his testimony
before this Court nnth day. the cose that he lc
orders for when he left Los Angeles The question then
put to Gen. Keamy this point Did you eape any
orders for Lieut.. COL Fremont take hape Of him. pe
notice TO him Of your going dcdy, let him knoW Where
you toere going 2" The "I did not y this an
swer applying categorcay and negatively all four points
of the ntenogatoy and establishing the that General
Kearny left Los Angeles without leaving any orders for
without taking leave Of me-whout giving notice that be
going without letting where he GO
ing And lam by counsel say that carrying the
doctrine Of constructive cmnay rather far (even Gen.
Kearny had been my lawful and acknowledged commande)
into the crimes Of muny and dsobedence of
der and Of conduct pudca to good order and discipline,
any done after he gone when had possible guide
but my discretion.
Specification under the charge Of muny, and also for
dsobedence Of ORDERS is for the order Louis McLane, Esq
Of the u S. Navy in his character Of Major ofarery in the
California SERVICE make further enstments and to examine
into the defences Of the country The this spec
cation is the heretofore, both with respect General
Keamys authority and my rights and duties governor
and in California, and the nuy and in
applicability Of the order Of January l6, ls47.
Specification a. under charge Of mutny, based the
letter of February T. ls47 Com Shubrck letter which
set out in the specification. The offence imputed
fold FIRST mutny in assuming to be governor and, second
muiny endeavong TO entce Com Shubck countenance
and abct me.
The letter written in TO one from Com Shu-
brick TO me- and received another in reply That in reply
will now introduce, show that Com Shubck did look
upon what had written in the light in which the ingenuity
Of this prosecution has conrved to represent it:
"U. s. SnrP ISDEPESDEScE,
''Harbor Of Monterey, February i3, Is47
S have the honor to acknowledge the receipt of your
letter Of the 9TH instant and shall dean courier short
time MS possible for my answer and will also avail myself OF
:. IInn.xo .l... t.V VTw enIC