The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-29

was hauled down when Captnin Gillespie left there il
September under honorable capituation made wild
the insurgents.
"a few days arrival received letter from
Gen kearny, which, believe, is the records of this
court now volunteering to take portion of the force
out and meet Lieut. Col Fremont who, we had heard. wa
governor OF the Territory, and commanding the United
enough to look at The lei,erp
The judge advocate referred to the record and found in
The proceedings of November IS the letter by
the witness addressed TO Commodore Stockton, governor
of California and commanding United States forces,
"This letter addressed TO governor OF the Ter
rilory, and commanding the United States forces.
THE LETTER
HEApqvARrrns ARMY o. TIM wr,r
"Ciudad dc los Angeles u. c, Jan. IS, 1877.
"sn fear oml the armistice which this morning signed
are Seus hsrs
they embarrassed in their aud further fear that
here they may csStaisis upper s country s
this command qrom hundred fifty mem
and march at once to form junction with Lieutenant Colonel Ere
Every respectfully, your obedent servant,
"Commodors F. sroexros D''s'
Governor Of Cafomis. commanding u S. forces"
This fni shes the testimony of Commodore Stockton on
the point OF the chief command in the expedition from
San Diego e Los Angeles and it makes up issue be-
tween him and Gen. Kearny-I the term in its legal
sense-from which both cannot out with honor 1t
makes double ssue-beween their official reports and
between their sworn testimony. The honor of the
American army and navy will require this issue to be
tried know that Commodore Stockton requires it.
proceed to try 1.-THE task forced upon by this
naton and | shall ask verdict from the people, and
from posterity, as well as from the Senate. proceed to
the proofs for this thing not done and
judicial proceeding has furnished me with judicial tes
mony. At page 2lO of the Fremont trial is the record
of the evidence of the first witness whose testimony
shall produce is that OF Lieut. Gray, of the United
States navy. Ii reads thus;
denomination in chief by Lieut. Col. Fremont.
Digestion State the position which you held under
Com. Stockton ut San Diego'
ANSWER. | was his aid, and one of the eutenants of
the Congress.
"Queston Did you hear Com. Stockton offer to go as
Gen Keamys aid, and did you hear Gen. Kearny offer
go as Com, Stocktons aid?
Question Did you hear the address of Com. Stockton
to his officers at the time when the position which had
if 50, viii you state what passed upon that occasion
IA swer was present on the occasion referred to;
Gen Keamy reseryng to himself the office Of commande
n-chie The words were Gentlemen, Gen Kearny has
should appoint him the the forces you will
obey him accordingly TO myself the office of
Those are the words as nearly as
Question: Did you bear order from Com. Stockton
Kearuy? if SO, state the order and the circumstances
Answer did bear such an order on the 9Th of Jan
had been observed Withdraw their guns from he light
the Commodore directed 20 Cen Keary and say
him send square and field piece Immediately upon
the height prevent the enemy returning with their guns
went and gave him the order and on my returning to
Com Stockton observed the division square, near Gen
Keany, moving towards the hill.
Question Did you bear tina, order in your character Of
aid decaInp TO Gov Stockholm the coninandos-in chief?
''Answer Yes.
Cross-eramined by Judge ADVOCATE.
"Question Do you recolect the words and the
in which you delivered that order Did you deliver
that Gen. kearny must have received 1t as perempory
order, or us suggestion!
way. How Gen. kearny received H. OF course cannot
say lie did show byhis manner that it disagreed
BILE. according to the best OF my recollection
1.-The defence and judge advocate have no further
ton Lieut. Gray. The had no question
md a fp6 n rptlr the
quest OF the defence, was not dischai ged."
Lieut. Minor, of the navy, is the next witness the ref
erence to his testimony p 24l-42 OF the trial II reads
Determination in chief by Lieut. Col. Fremont.
"Question. Please whether you were at San
Diego in California the time General Kearny arrived
there, and what you know, il anything, about the
mand in chief Of the troops from that place to Los An
"Answer. At the time Gen. Keamy arrived San Die
go commanding officer of the United States forces
that place. The command was subsequently turned over
to Lieut. Rowan OF the navy who was my senior officer
to Gen. Keamy Commodore Stockton called together the
staff officers and told ihcm that Gen. kearny had kindly
consented to take command of the expedition then about
marching against the Angeles and that would obey and
respect him as such But will accompany the expedi
On the march frequently orders from General
keany, and also from Commodore Stockton lbeieve that
.Question. DO you know whether General Kearny So
ced place from Governor Stockton in the expedition
sAnswer / called upon General Kearny, in company
with Commodore Stockton and number OF other officers
e G % e that he
body of men, which he would be pleased have the
general command, he knew more about land fighting
than he did that he Commodore Stockon) would accom-
declined and said that would go aid the commo-
To the best my recollection that is the
ton.
Keany come from his quarters and go to the commodore
Then the commodore called together have stated.
Question. Do you remember whether the words Of Com
Stockton relation reserving the chief command,
delivered in low or emphatic tone!
" Answer. In an EN- phatc tone
"Ques,ion. Was that long time short time before
the march began
answer. short time to the best of my recollection,
not than half an hour.
Question Was before after the offer to rs aid
"Answer. Alter some days after"
Capt Hensley, now of California, formerly of Jessa-
mine county, Kentucky, is the third witness He speaks
page 2303l, of the printed record OF the trial:
"Eramiuei by Lieutenant Coionf Fremont.
Question Were you officer in the california batal
California and If how long have You resided there
Answer officer in the California battalion, a
lieutenant of company ut the time the battalion was
ganized al Monterey arrived in California the first of
1913, and resident OF California, and
made il my home TILL ] left with Commodore Stock
Question Were you in the march OF the American
forces from San Diego Los Angeles in the latter part OF
December 1886 and beginning OF January following and
So did YOU Stockton exercising the
thoy of commandeu on the march; and II so, by
what acts ! . -,
Answer | in that march, and recognised Commo-
doe Soc kon the commander IN chei In MS general
the march, he signed him self commander n-chei
m Commodore Stockton in the square OF San Diego,
and he requested TO select seven or eight enen as ms
ace Of the country should require it. Mr. Christopher
Carson have command OF it,
"Question What rank did you have in the expedition
answer. Captain in the California Battalion company