Weekly national intelligencer., 1848-01-29

men Of order upon me- with OF unquestonabe
ruin which ruin, would see he has been abonng ever
since TO effect
That this construction put upon my note at the
time i was received clear from official conemponeous
acts OF Gen. kearny himself Thus the 4h day OF jan
uay he writes TO the War Department from Los Angeles that
tins morning Lieut. Col Fremont OF the regiment OF mount
ed riemen reached here with four hundred volunteers, &c
No word OF reporting him. placing myself and battalion
under his command Surely that the time 10 have COM
municaed 10 the War Department such esenal piece Of
intelligence In the concluding part Of the same letter he
says On their arrival (troops from New Yok aud New
Mexco shall ageeably the instructions Of the President
OF the United States have the management OF aias in this
country and will endeavor carry out his Siewsin relation
TO ~ words which necessarily that he did not consd
himself entitled command until the arrival OF these troops
or else that he intended avail himself of those troops to OBJ
tain command.
The letters of the 9th and 7h January from Gen Kear-
ny 10 Com Stockton significant at this point l. They
totally silent the subject OF my having placed myself
and the battalion under his command 2 They show the
whole contest to the 18th to be between the two suPeos
The letter of the 18th shows shifting of the grounds Of
his claim to command in California, basng 1t his victories
Of the sh and 9h and the captuaton of the enemy to
on the 18Th. The words a the letter significant of this
change
and 9Th instant the troops under my command and the
pation entered into The 18th instant by Lieut. COL Free
with the leaders of the Cornans which the people
under and in the field agree dsperse aud remain quiet
peaceabe the country the first time, be
prepared carry the Presidents instructions me,
which oppose, must tor the purpose OF preventing
collision between u.s. and possibly civil war in consequence
remain silent for the present. leaving with the great
responsibility of doing that for which have authority
and preventing me from complying with the Presidents
orders"
reported to Gen. Kearny and placed myself and battalion
under his command, be understood. undertake
say there authentic modern instance of noe in
in ITSELF and extracted from the writer under such cir
so from nj mad
the foundation OF such prosecution have endured If
men to be capay and inamousy tried for such note
no one is safe in writing.
charged here with great military crime. should have
been guilty only of it, but of inexcusabe breach
faith, had made report of myself aud battalion Gen
kearny and placed under the command of that officer the
troops raised by the and authority of Com Stockton
and by him entrusted to
close this defence specification first Of charge two
for disobedence Of lawful orders.
The second specification under the head of mutiny for
raising, and attempting TO raise troops the 25h Of Ju
airy, lS47, and is in these words
g 'SbecifcahoR I'm this, that he, Lieut. COL John c.
Fremont OF the regiment OF mounted Remen United States
army being in command OF battalion of volunteers organz
ed in California which placed by the aforesaid of
the Secretary War of June eighteenth eighteen hundred
and fortysx under the rigadier General Kear
ny, did issue order Captain X Wilson, at Angeles
January twenty-five eighteen hundred and forty the
following Words, to wit 4
'sAxGELKs, JANUARY IS, 1s47.
seTo Capt. j. X WILSON, Light Artillery:
=. SIR You hereby authorized and directed raise
in the California service and for that purpose detached
from your present command
You will please report the number you be able to
list with as le delay possible You authorized to
enlist the for three months and promise them
pensation twenty-five dollars per month
"Lt. Col commanding California in U. s. service
Thereby raising and attempting raise troops violation and
contempt the m command aforesaid OF his superior OIL
GER Brigader General Keany of date January sixteenth
eighteen hundred and and thereby acting openly
defiance il muiny against the authority OF his supe
byr and
and by procamng himself be and assuming the
commander Of the United States forces in California"
The specification No. p in charge for disobe.
dence of ordershe orders charged been sobeyed
being the order Of January l6 lS47 against the reoganza
ton of the California battalion.
will consider both these specifications together and
range the matter Of defence under three general heads
That was at that time, governor and commanden chief
in California .. That Gen. keamy had right to
mand the battalion time. g. That the order of the
9th Of January SAT, besides being illegal in ITSELF had
relation any other change IN the battalion than the in
| tended a INC it given.
]. That then governor and commander-n- chief in
California proved by the testimony OF CON- Stockton and
the production OF the original commission Snd his right
bestow that commission upon resulted from his own right
to constitute himself governor Both done under
the law Of nations and by Virtue Of the right of conquest by
virtue Of the orders and intentions OF the President of the Uni
ted States charging the naval commandersn the Pacific ocean,
exclusively with the conquest and civil government of Cali
foia until relieved under the instructions Of the 5h of No
yember, s46 These instructions did not arrive until after
the alleged commission Of the Of mutny and dsobcdience
under examination, and, when they did arrive
never communicated TO at ALL
am advised by counsel that the appointment Of himself
governor by Com. Stockton valid appointment under
the law Of nations and that upon the principle his ap
poinment Of myself his equally valid and
that in neither the approval Of the President Of the
United States necessary the validity Of the appointment
though each evocabe by him his pleasure and therefore pro-
per 10 be made known him. This advised is the law
but being for muny, and for dsobedence Of
ORDERS in assuming and usupng the govemorshp in Caor
MIA and being the President alone who could order my trial
in this case (accused am by my commanding general it
becomes material TO show that this appointment and the in
enon make long before il made, duly commu
nicated to him. and, while disapproved, impedly
sanctioned and revoked For the fact Of the
of the intention appoint his successor refer 10
Governor Stocktons official despatch Of August 2slh ls46
from Los Angeles sent in by Mr. Carson and for the fact OF
his communicating the fact of his having appointed me,
fer to his official despatch Of January 3d. ls47 from San
Diego The first ofhese dispatches arrived by the hands Of
Mr. Fitzpatrick early in November, 1916, and their general
contents noticed by the President in his annual message
Of December following and in the reports Of the Secretaries
War and Navy, and all in terms Of general approval Pas
ages from this message and these reports have been already
quoted and require repetition and from them and from
the communication Of Gov. Sockons governor to Con-
gress at the time by the Administration,
be proved that the intent to appoint known
70 the Government in November 1916, and not dapproved
by It, The despatch Of the 22d January, ls47 received
from Lieut. Gray Of the Navy, in the month of April follow
ing and, far learn, his act dsavowed in
uiQayn