Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1856-07-18
NO. 527.
9TH specification, guilty.
And guilty of the charge.

+ II
LIST specification, guilty. sraES,t
I'd specification, guilty. iszs ,at
Sd specification, guilty Ar 81
| 9TH specification guilty t9A =
5th specification, guilty. v
And guilty Of the charge. rs gra
eig Sentence. .s regFe
And the court does therefore sentence the said
Lieutenant Colonel j. G. Fremont, Of the regiment
OF mounted rifiemen, United States Army, to DO
dismissed from the service ssssn Z
The court deem II proper, in view Of the mass
OF evidence on the record, to remark that the
court has been unwilling to confine the accused
TO a strict legal defence, which appeared to be
within narrow limits. af' b rTs .'tIG fn
Considering the gravity Of the charges, the
court has allowed the defence the fullest possi-
BILE scope In its power to deveopc the Instructions
of the government and all circumstances relating
to the alleged misconduct as well as to impench
the leading witness for the prosecutions The
court has even INDUCED the accused in a conrs,.
unusual and without appreciation in the final de-
fence, OF using indiscrminatey matter which had
been rejected or admitted in evidence.
With all this latitude OF evidence and the broad.
er latitude of defence, the court has found not!i.
ing conflicting in the orders aud instructions OF
the government; nothing fmpeacling the testi.
mony OH the part of the prosecution; nothirp
in fine, to qualify, in legal sense, the resistance
to authority, OF which the accused stands con-
victed.
The attempt to assail the leading witness for tho
prosecution has involved points not in issue, and
TO which the prosecution has brought DO evidence.
In the judgment of the court his honor and char
acter are unimpeached.
The whole proceedings of the general court mar.
tal In the foregoing have been laid before tho
President of the United States. A +. \
The Presidents decisiom and orders u. the case. 81
4a esff WASHINGTON, Feb l6, lS4s .t
! have carefully considered the record of tho
proceedings of the general court martial in the
case Of Lieut.. Col John G. Fremont, Of the rep
ment Of mounted rifemen, which convened at
washington Arsena in the District of Columbia
on the I'd day of November, ls47, and of which
Brsvet Brigadier General George NJ Brooke was
President. % E A U1"1t
The court find Lieut. Col Fremont guilty OF the q
following charges, viz s, 1..+.'a...,.
lst. Mutiny; Cd. Disobedicnce Of the lawful
commands OF his superior officer; Sd Conduct to
the prejudice of good order and military discip.
lines" and sentence him "lo be dismissed from
the service"
Four members OF the court append to the record
OF their proceedings the following viz sa
Under the circumst ances in which Lieut. Col.
Fremont was placed, between two officers of supe.
ror rank, each claiming to command in chief in
aniornia--circumstances in their nature calcu-
lated 70 enbarrass the mind and excite the doult.
OF officers OF greater experience than the accused
and IN consideration of the important professional
services rendered by him previous to the occur
renee Of these acts for which he has been tried the
undersigned, members of the court, respectfully
recommended Lieut.. Col. Fremont to the lenient
consideration OF the President of the United States
GEORGE M. BROOKE
raa f'f2 Brevet Brig. Gen IT, s. Army. t5.
na9 .gs THOMAS +. HUNT, raea.r -
/. rs. Lieut. Col. and Dep. Lieut. Gen.
j. P. TAYLOR
Lieut.. Col. and Assist Com Gen. Sub. a1
"a # r. L, BAKER, M ta XII IA.
a6 sa Major Ordnance Department.
Three other members of the court append 10
the record Of these proceedings the following, viz:
Under all the circumstances Of this case, and In
consideration ofthe distinguished professional SER.
vices Of thea previous to the transaction for
which he has been tried, the undersigned beg
leave to recommend him to the clemency of the
President ofthe United States 2-
Il" .t" IT. IS. g. LONG, aH AatJa-
Lieut.. Col Typographical Engineers.
rsr r RICHARD DELAFIELD, y. ,..,
.H Msjor of Engineers.
Z. w. MORGAN, 5s.*ft6ai
esaA % Lieut.. Col 18th Infantry.
Upon an inspection of the record am not sat II
ised that the facts proved in this case constitute
tho military crime of /" mutiny.n j am of opinion
that the second and third charges are sustained by
the proofs, and that the conviction upon these
charges warrant the sentence Of the court E IHc
ssnteree Of The court is therefore approved; but in
consideration OF the peculiar circumstances of the
case, of the previous nIeritorous and valuable SER
vices of Lieutenant Colonel Fremont, and the fore
going recommendations of majority of the men,
bers Of the court the penalty of dismissal from the
service is remtted .N
Lieutenant Colonel Fremont will, accordingly,
be released from arrest, and will resume bis
sword and report for duty. raH-au se. ...
sg, JAMES X, POLK.
Lieutenant Colonel Fremont, of the mounted
rife regiment is accordingly, released from arrest
and win join bis regiment In Mexico. The general
court martial, of which Brevet Brigadier General
n. Brooke is President is hereby dismissed.
BY order, r. JONES.
Adjutant General aa