Weekly national intelligencer., 1848-01-29
ARMY COURT MARTIAL.
MosDAr, JAsuAnr a4-FSrr-rIrrH DAY.

/
The Court re-assembled this day at II o'clock,
pursuant to adjournment.
The PREsIDENT having announced that the Court
was now ready 10 hear the Detenee of the accused
Lieut. COL Fremont rose and read to the Court
the first portion of his Defence, as follows:
Mr. President The crimes with which stand charged
/. MuTISY. 2. DIsoBEDIEscE OF ORDERS. g. COSDUcT
PRRJUDIcIAL TO GOOD ORDER AND nIscIrLrsE. Either Of
these would be sufficiently grave ITSELF unted they become
assembage OF crimes probably before presented against
American Officer They descend from the top the bot
tom Of the military gadaon Of crimeom that which is
capital and Infamous TO what involves but little OF disgrace or
punishment but from the whole of which becomes me to
defend myself and from each in its order, according to the
degree OF its enormity
The crime of mutny stands at the head Of military offences
and, in this case is presented with all the aggayaons Of
which is susceptible rank in the dendertime of war
in foreign countrybase and sordld motivewul per-
ssance.
1t is the dangerous of military crimes, and therefore
the most summay and severely punished Any officer pre-
sent at mutny becomes the judge and punsher OF the Of
fence upon the instant and may kill the muinee upon the
spot, without trial warning More than that he becomes
great offender himself he does not do his utmost 10 sup
press the muny which he witnesses and may be punished
with DEATH such other punishment court martial may
award II Is the only in which death may be inflicted
without trial. in all other cases the supposed offender is pre-
sumed to be innocent until he is convced and cannot be
punished until he has been tried.
Of this great crime with all the aggravaons OF which Is
susceptible am charged to have been guilty, and coninu
ousy from the l7h day of January, ls47 to the 9th day
of May following, both days inclusive during all which time
was liable to have been killed by any officer present who
believed guilty was not killed but here to be
tried and with the presumption Of guilt against from the
fact Of being ordered be tried The order put officer
upon is declarations virtually the part Of the high
authority giving the order, Of probable guilt 1t is equivalent
to the .sue bill endorsed by the grand jury the bill of
Indictment; and in this is equivalent TO three such
dorsements three separate bills for three several crimes
for the order for trial extends the three different charges
upon which aragned and with the trial Of The whole
of which this Court is charged
Muny not defined either in the United States rules and
articles of war; in the British mutny act from which they
copied, and the decisions what will constitute the
crime in both countries only refer to this
want of definition Of the offence and to these various deci
ons to say that have obccon own case to have
my conduct Judged by any that ever decided to be
muiny either in this country Great Britain, strange and
extraordinary some of those may appear
The first act of this crime alleged against me found in
this letter. set out the basis of specification first in charge
first
"C1uDAp DE Los ANGELES JANUARY IL, lSi7.
SR: have the honor be in receipt of your favor of
last night in which directed to suspend the execution OF
orders which, In my capacity OF military aommandan OF TINS
territory, had received from Commodore Stockton, Cover
and Commander in-chief in California.
81 avail myself of early hour this morning TO make such
reply the brief time allowed for reflection will enable
found Commodore Stockton in possession Of the country
exercising the functions of Military Commandant and Civil
Governor early July of last year and shortly thereafter
received from him the commission Of Military Commandant
nued 10 exercise to the moment found Also my
arrival at this place. three four days since, Commo
dore Stockton still exercising the functions of Civil and Mill
tay Governor with the apparent Difference his rank
on the part Of all officers ncudng yourse as he maintain
ed and requir' when he assumed IN July last
Iearned also in conversation with that the march
from San Diego recently to this place entered and
discharged dues implying acknowledgement on your part
OF Supremacy to Commodore Stockton
feel myself therefore, with great Difference to your pro-
esona and personal character constrained to say that until
and Commodore Stockton adjust between yourselves the
question of rank, where respectfully think the difficulty be-
longs shall have report and receive orders as heretofore
from the Commodore.
with considerations of high regard am sir your obe-
dent servant, j. G. FREMONT,
Lieut. Col U. S. Army, and Military Commsndant
Of the Territory of California.
ssTo Brig. Gen. S. w. KEARSr, U. S. Army"
If this letter is muiny, Mr. President, shall add
other aggravaon the five aggravaon already attending it,
shall justify before this Court and most respectfully
declare that would write the letter again under
the circumstances But, being prosecuted for it. am
bound to defend myself and proceed TO do it,
In making this defence, have some rights which pro-
pose to use, and my authority for which will be found in
Hoigh f 952; and which read, that the Court may
the and Of the rights which suppose to be-
long to me. Major Hough says:
The prisoners defence ought be confined any
men OF his which he may think proper TO offer to
the Court in contradiction what has been stated by the pro-
in his opening address, and observations upon ev
dence which has been given against him. and to the offering
any remarks upon any written evidence which may have
introduced in the OF that evidence He is likewise
full liberty remark upon the Of the evidence given
the part Of the prosecution and show if he can, where
there any contradictory evidence and mpugn the credit
OF the that have been examnedto observe the
nonproducon of witnesses who could have better informed
the urge the mprobab that he should have acted
in the imputed to him, and urge all these crcum
the kind consideration of the and if there
have been hostile feelings expressed by the
wards him. in renarkng upon such circumstance, to
the motives OF the il shall be done that
shall not be disrcspectful to the court"
These my rights before This Court and all Of which
shall have occasion TO exercise except single partcu
lar that of recommending my defence the kind consde
ton of the Court will substitute Just for kind being
suitable to the character Of judicial tribunal mperson
aed with bandaged eyes, to imply disregard of persons
suitable to my which requires justice and not
kindness and agreeable my sefrespect, which will
be best satisfied with defence the basis Of rigid right
With this exception and with that of decorum which
needed book injunction impose upon me, shall pro-
ceed to state my defence, and to do il with the and pre-
cision which the gravity of the accusation demands.
And FIRST my. own statement
The superior officers in California with whom the diff
cules began Commodore Stockton and General Kearny)
have each had the benefit of stating his before this
COMMISSIONING under what authority they went and acted
what they did, and how they became involved with
other and how became involved in their contest An Incl
dent and subordinate this where originated and
turned up principal figure in il here for criminal prosecu
ton, am happy to find that my rights in respect at
last equal to theirshat Of stating my fully as
they stated theirs and showing how became principal in
contest which theirs before heard Of it,
them and which, suggested heretofore ought have been
settled between themselves by the Government whose
thority they both BORE subordinate in rank, in the
test long and secretly marked for prosecution by the
manding general assaed in newspaper publications when
miles two