The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-13

examination and as such, excluded under the Courts
at moreover goes into the origin of the charges,
which the Court has received in the usual form Of
liberalization, and cannot nov enquire into F"
Whereupon the Court adjourned till tomorrow, 10
O'Clock
WARRINGTON, January, 10, ls4s.
General KEARNy being In Court quested permission
to lake statement The Court directed statement
be made in writing accordingly, and the Court then
being in closed session. Gen Kearny cent in the follow
ing note which the Court declined to receive II
thereto not read in open Court placed the
cord but was returned to Gen Ksarny 1t was in the
dDiscIsiming in advance the remotest intention of
Offering tho least kind Of dsrespect to the Court In the
following statement have to refer the Court to the
closing Of the renior counsel for the deence
Thomas Benton, of Missouri, which Is the record
and follows: 81 looked him down; locke him till
meat false and prepared to prove to be false by
sw. KEARNEY, Brig Gen.
TUESDAY, January IL.
The Court met pursuant to adjournment. After the
reading of the Journal
Lieut. Col Fremont presented general order issued
by General Kearny on his outward petition on meet
ing the express Of Commodore Stockton with ntelli-
gence of the conquest Of California; which placed
Lieut. Col Fremont then presented the following
paper
his counsel that the subject matter of his enquiy
Tuesday last for making which he publicly repri
manded by the Court and the subject matters Of the
papers growing out of the inquiry which he subse
quanty presented to the Court and by direction
Of the Court returned to him. matters grave
trial and thsreors proper to come to the notice Of the
revising authority with the other proceedings
Lieut. Col Fremont is further instructed by his
sci that connexion with the passed by the
Court upon him. Lieut. Col Fremont prisoner at its
bar the occasions of those censurs ought to
that both together may be examined and judged Of fair
Lieut. Col. Fremont therefore respectfully requests
that the paper which he and which
turned to him Friday last and the paper which he
presented and which was returned to him yesterday,
both Of which again offered, and also the an
severay be placed in appendix to the record
Court that the whole matter may go to the revising
authority. J. c FREMONT,
Lieut. Col. Mounted Rinemen.
[Copy Of the paper offered on Friday
Mr.. PREsrDENr,--Lisut Col Fremont is instructed by
terday, in relation to his application for an amend
ment of the record appears to him to contain
Of fact The decision commences with this statement
The accused yesterday addressed question orally,
direct to the Judge Advocate pQuring in whose hand
writing questions were written which he was preparing
Now is not understood that these questions were
preparing" They were already prepared, written
read by the Judy Advocate in open court in response
to the paper Of Lieut. Col Fremont Directing to the
introduction OF witnesses of the prosecution until he
should be informed Of the matters to which they
to testify 1t not therefore, in reference TO ques
tions that the Judge Advocate was preparing" for
which he did but in reference to questions prepared
placed upon the minutes of the court and read in re-
Lieut. Col Fremont would respectfully request that
this correction be made; and would also figure whether
the questions SO prepared placed upon the minutes of
the Court and read before the Court and the deeuee
by the Judge Advocate entered upon the record in
the proper place. and not he requests that they may
be entered, nunc pro tune.
J. c. FREMONT,
Lieut. Col. Mounted Rifemen.
tCopy Of the paper offered o" Monday
Personally appeared before me, James Marshall jus
tioe Of the peace for Washington county D. c., Will
liam Carey Jones, of New Orleans, who being duly
sworn depossth and saith that ali the matters and
things stated suggested in the above paper signed
Lieutenant Colonel j. c. Fremont concerning certain
questions before the Court Martial sitting at the
United States Arsenal this city, true according
the OF the said deponents Knowledge and belief
and said deponent further saith that the said facts
to his knowledge while attending before the Court Mar
tal aforesaid counsel for the said Lieut. Col Fremont
whereof and into all the circumstances whereof he is
ready to testify and be examined into legal invest
cation Of any kind concerning which he Is resdy pro-
osed City Washington 'apgs.y IN ls4s 1oNrs
Sworn to before J. MARSHALL, JP.
The court ordered to be cleared When the doors
were opened 1t was announced
The court adheres to its former decisions, and will
not receive the papers They will accordingly be
turued.h
Lieut.. Col Fremont then presented the following
Mr. President Lieut. Col Fremont reads IN the reply
which the Judge Advocate made to bis (Leut Col F'S
observations upon what deemed irregularities in the
prelimiusries Of this trial, the following words:-
81 The seventh objection to the regularity of this
trial On
Court and entered the record as charges pre-
ferred by order Of the War information
OF Briesdier Gen. Kearney'-the Department having
limited the CHARGES to the matters ocay reported BY
iSsus Col Fremont here presents to the Court the
copy the charges against him a. to him by
the Judge Advocate to show that the fact Of these
ment does not appear In That copy and being advi-
sed by his counsel that 1t is an Ill gal order and that
fsh- 49,
should have been from the Presi1ent Lieut. Col Ere.
brings the alleged lille galty to the notice OF the
Court for the purpose Of giving his express consent
he hereby does to alteration correction OF the
cord by inserting order of the President instead
Of by order of the War Department" if such be the
fact of which he knows nothing) that the President
gave the orders In relation to the charges.
Lieut. Col Fremont is also advised by his counsel that
the use Of the term War Department is subject to oh
lection in this and to obvste that he is
willing and does hereby agree that the term Secretary
of War may be substituted in place Of War Depart
And these corrections, he is advised,
sary to show the legality Of the proceedings nasmuch
power of the President the IL judicial
and conded to him for reasons, IN case like the pre-
sent cannot be delegated either expressly pre-
sumption-either by bis act or by legal Implication
Anxious that the record should have NO legal objec-
lions its face Lieut. Col Fremont consents to all
amendments uecessary to make it correct.
The present objection IL not to matter Of form, but
Of great and Lieut. Col Fremont desires the
action of the Court upon it, In order that the
lion may be made in any way that WIN correspond with
the fact J. G. FREMONT
Lieut.. Col. Mounted Rifsmen
Upon which (sfter q closed session Of some tme)
there the folio wing decision:
This Court has before decided in another matter in.
volvpg the same point that 1t cannot 60 behind the
admission Of the charges before 1t In the usual form of
authorization to inquire into their origin suhen-
tication.
Nor the Court had now the power to 90 behind the
due official reception of the charges here could II
the power entertain the question whether the
authority Of the War Departments the authority Of the
President
Nor, furtt En- Is 1t to be considered by this Court
whether the usual style In documents and acts
ing from the Depart OF War; be correct in the use
Of the words War Department. instead Of the official
designation of the Secretary Of War. Though
the law organizing IAN Executive Department, to
tho principal officers therein to be called the
Secretary for the Department OF War who shall perform
and such outes shall from tins to time be en-
joined entrusted to him by the President of the
United States" &c this Court could net undertake to
decide whether the common designation War Depart
mentn and "Secretary of War" are sufficient de.gua
tions may be used for the Other in official acfa