The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-28

WHY COL, FREAoST DIsoBEYED GEN. KEAR,
EEY's ORDERS, WHICH oCOASIONED HIS TRIAL
AND DIsMIssIoN FROM THE MILITARY SER
VICE. .'.
When Commodore Stockton arrived in California, in
July s46 and took command of the land and naval forces
Of the United States there Brevet Captain Fremont placed
himself under the Commodores command and accepted
from him the office Of major in the volunteer corps Of
Dragons and continued subject to his orde Before the
completion Of the conquest General Kearney arrived and
aided in that work Commodore Stocktons orders ema
mated from the naval and General Kearneys from the
military branch of the government In view OF the
extent of powers conded EACH and the difference in
their dates question Of the right to the exclusive com
man6 between the Commodore and the General and
each insisted upon obedience of those in subordinate posi-
TONS including Major Fremont Instead of resorng to
the of ascerainng which he ought to obey
Col Fremont resorted mode of determination that
speaks volumes concerning his ruling passion General
Kearney on the 10th Of January ls47 served notice in
writing requiring him to obey his orders lie replied
in writing on the l7th refusing to do On Colonel
Fremons trial General Kearney in narating this matter
testified as follows:
aOn the day the nth day of Janu-
ary-Lieutenant Colonel Fremont came to my quarters
and in conversation asked him II he had received the
communication from mo Of the previous day lie acknow-
edged the receipt ft stated that he had written reply
and had left with his clerk to copy About this time
person entered the with paper in his hand, which
Lieutenant Colonel Fremont took overlooked and then
used pen on my table to sign this clerk having
told him his signature wanting Having sign
ed the paper, Colonel Fremont then handed IT TO me
1t his letter to me Of January IT, At my request
he took seat at my table whilst read 1t LAYING ing
was a much older than himself, and that was
much older soldier than himself that had great regard
for his wife, and great friendship for his ather-inla COL
Benton from whom had received many acts Of kindness
that these considerations induced to volunteer advice
him. and the advice that he should take that letter
back and destroy 1T that was willing to forget It Col
Fremont declined to take back and told me that Com
modore Stockton would support him in the position taken
in that letter. told him that Commodore Stockton could
not support him IN disobeyng the orders Of bis superior
ably ruin himself
ale told me that Commodore Stockton was about to
organize civil government and intended to appoint him
governor Of the Territory. told him that Commodore
Stockton had such authoriy-that authority having
been conferred by the President Of the United
States. lie asked me If Would appoint him governor
told him expected shortly to eape California for Missouri
that leaving Santa F asked for permission
do and hopes Of reeeu,ng IT. anda as soon as
the country qued should most probably organize
civil government in California and that at that tis, knew
then stated TO that he you'd Commodore Stockton and
| THAT UNLESS HE APPOINTED HIM GOVERNOR AT
ONCE, HE WOULD NOT OBEY HIS ORDERS, AND
LEFT ME-" (Gen S. W. Kearneys evidence on Col. Ere
monts trial. Senate Documents 1878, volume 5, pages
SO, 3a)
Com. Stockton did, by commission dated the day pre-
vous January 49, ls47) appoint him governor and com,
mandernchef of the conquered Territory and he obeyed
his orders and continued to refuse obedience to those Of
General Kearney He charged before the courmArta
with "mutiny" disobedience of the lawful command Of
tn of
and military discipline and convicted upon each
charge and sentenced to be dismissed from the service
President Polk dsapproved the finding the first charge
| but approved of the two last.
The evidence Of General Kearney, which is wholly
uncontradcted, clearly shows that the sole question
with Colonel Fremont his appointment to the
office OF governor, which, after having his eye upon
his Marposa purchase and other transactions in Cali
fornia, became important matter to him person
ally He expressly declared that he would not obey Com
modore Stockton auness he would appoint him governor
at once" The inference is ndisputable that the Com
modore did not do so, then he would obey Gen.
eral Kearney who had expressed q willingness to ap-
point him at future day. and as soon as things be-
quiet and before his departure for home Had Com
modore Stockton been apprzed Of what passed between
General Kearney and Colonel Fremont and the motives
which impeled the latter he doubtless would have refused
him both the appointment and his confidence. No one
doubts that the Commodore thought himself right in what
he insisted on and his hghtoned and gallant spirit would
have shrunk from according anything to such selfish per-
sonsl motives The records Of the military and naval
do show another instance Of an officers obedience
being made dependent upon his appointment to a high
| Office Is there high-minded honest who can ap-
prove the motive Of Colonel Fremont in this instance
Will officer in the army navy declare to be hon
orable and proper Can his poltcis. partsans do 50
without bushing2