Newspaper of The New York Herald, November 6, 1847, Page 1

Newspaper of The New York Herald dated November 6, 1847 Page 1
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T H ] Vol. xm. No. 30i?wiiol* Wo. 4901. THE IMPORTANT COURT MARTIAL J OP LIEUT. COL. FREMONT. 1 Washington, Not 4, 1047. lirigaller General Kearny, as the leading wttnera against Lieut. L ol i-remont. gave in his evidence before the Court to-<l?y. It li strong, and In many points, of exoeeding interest to the public, and of the utmost moinont to the accused. Up to this morning Gen. Kearny 1 appeared the affable and railing citlaen, laughing and conversing with the moot agreeableTivaolty on the current topics of the day; but the moment he proceeded to 1 testify, the moment he had taken the oath, he became the solemn, stern and Inflexible soldier?the whule man j was changed. It was a nase of life and death; and the witness i xpresied. in his severe and] unchanging counteo?noe, that he fully comprehended th? responsible na- ; turn of his position before the Court, the service and the ; world. Col Fremont sat at a side table with his counsel, Col. Benton and Mr. Jones. The aoousnd appeared as if writing at his oamp in the mountains, the jour- 1 n. y of i he day. Col. Benton, as usual, looked self- 1 possessed and calm as a summer's morning, having more the air of a man who has achieved a great work, than j 1 < f a counsellor entering the duties of a case Involving j so many s-nd such varied, cnmptehen>ive and important j issues as i.hls singularly novel and Important case. Mr Jones participated in this expressive satisfaction of bis disMniruished associate, that the ease was now fairly umlor way. with sails all spread, and a smaoklng breeae setting ia. The report of to-day will show that Colonel 1 Denton is as vigilant as a lynx <Tear and uoexoeption- I t-.hly oorreot In style as was the witness In his answers to tha Judge Advocate, he was atone point thrown for a moment off his guard, and referring to a certain letter, he said be supposed It was " still in the possession of Lt Col Fremont.if he had not destroyed It." Col Benton murmured something, and "took a note." In reading over the unswer of the witness, the Judge Advocate very j properly ssSed (Jen. Kearny to explain, whloh be did. lie meant no imputation of design on the part of Col Fremont. The cross-examlnat on. thus far, shows that Col. Benton Intends to cover the whole ground, and to bring out every possible paper and faot bearing upon the case, ond the reason for asking the question, upon whloh the onurt adjourned, to allow the accused to give that reason for tho interrogatory, to wit:?" Did you lose a cannon In that action, (San Tasquil) and was it recovered, and by whom?" will, if we mistake not, show lt to bean iinpor aut link In the evldenoe. After the decision of the oourt yesterday, refusing to express any " sanction or approval" of reports of the proceedings, and especially after conversations on the subject with several of the members of tho oourt, and others, we were entirely disposed to forego the details of the cane. The fair construction, however, of tbe deoi- 1 slon of tbe oonrt appears to be,that while its proceedings are open to the press, the oourt lt not to be underttood as sauo'.loning or approving suoh reports. Mainly, how- < ever, from our own Interpretation of the ease, we are indebted to-day to tho National Intilligr.nctr, for the following ample mlnutea of this day's proceeding!. Tomorrow we expeot to bo able to follow up the thread of the story. ly furulshel us by Mr Jones; but It would require a full (lay la th -ir transcription, they am so voluminous. A number of the documents involved are embraced in this day's report. The charges against the accused are tfcese : ? X. Mutiny. u 1) laubudlenoe to the lawful commands of his superior pfllcer 3 Conduot to the prejudice of good order and military discipline The rpeciflcatlons are substantially to be found in 1 yesterday's report, aud more particularly de lined in the ' testimony of to-day. The proceedings are conducted | by the president and thu court with great dignity and > deoomiu; and Capt. Lee, the Judgt Advocate, has al- j ready evinced the most complete knowledge of, and praeileal acquaintance with, the duties of his position. Army Court Martial. third dat. The Court met at 10 o'clook. All the members pre- | sent Brig (Jen. 8. W. Keahnv, was sworn as a witness ' for the prosecution. Question by the Jldok Advocate.?Under what comnilbsioD In the army of the United States, or under what orders from the Government of the United States, were you in California, from and after January G, 1847 f Answer. ?I was in California as a Brigadier General j in the army of the United States, and under instructions from the War Department, under date of June 3, 1846. a copy of which is here, and which 1 present to the Court as a true copy, i know not whether that is Sec- I retary Maroy's ' signature, but the paper was furnished to me from the War Department with the certificate of thp chief olerk that it is a true copy from the original. The paper was read by the Judge Advocate, and is as iollowc: War Dkpartmknt, > [Confidential] Washington, June 3, 1840.) 1 8m,?1 herewith send you a copy of my letter to the Governor of Missouri for an additional force of one thousand mounted men. 1'he ot>jeot of thus adding to the force under your command Is not, as you will peroelve, fully set forth in thai letter, for the reason that it is deemed prudent that I it should not, at this time, beoome a matter of publio ; notoriety; but to you it is proper aud neoemary that it ' should be stated. It has been decided by the President to be of the greatest importance in the pending war with Mexioo to take I the earliest possession of Upper California. An expe- i dition, with that view, is hereby ordered, and you are designated to ooinmand it. To enable you to be in suf ficicut force to cooduot it successfully, this additional foro? of I 000 mounted men has been provided, to follow you in the direction of Santa Ke, to be under your orders, or the officer you may leave in command at Santa Fe. It cannot be determined how far this additional foroe will be behind that designed for the Santa Fe expedition, but It will not probably be more than a few weeks.? When you arrive at Santa Fe with the force already cAll-d. and shall have taken possession of it, you may find yourself in a eonditien to garrison it with a small par t of your command: (as the additional foroe will soon be at that plauu ) and with the remainder press forward to California In that MM, you will make such arrange ciftnr* as co ueiu^ louowei ny me r?iniorct*m?*nM Delore ' raencionml, a* in jour judgment may be deemed safe 1 and prudent 1 need uot say to you that, In case you 1 conquer Sanr.a Kb. (and with it will be included the department of State of New Mexico.) it will be important ' to pr'.vl.le for retaining safe possession of it. Should 1 you deem it prudent to have still more troop* for the 1 accomplishment of the object* herein designated, you ' will lose no time in rommunioating your opinion on that point, and all others connected with the enterprise, to this Department. Indeed, you are heroby authorized to make a direot requisition for it upon the Governor of Missouri It is known that a large body of Morman emigrants are r? route to California, for the purpose of settling in that country Von are desired to use all proper means to have a good understanding with them, to the end that the United States may have their co-operation in taking possession of and holding that country It has been suggested here that many of these Mormons would willingly enter into the service of the United States and aid us in our expedition against California You are hereby authorised to muster into service such as ran be induced to volunteer?not, however, to a number ex oreliug one-third of your entire force. Should they enter ine service, they will be paid as other volunteers, and you nan allow them to designate, so far as it can bo properly done, the persons to act as officers thereof It is understood that a considerable number of American ollisens are now settled on id? Sacramento river. near t-uter's NttU'lUMIt,called "Nm Helvetia,'' who are . well disposed towards ths United States Should you, on , your airlral in th? uountry, find this to b* the true state , of things there, you are authorized to organise and receive Into the eerTtce of the United State* Hue li portion uf these citzens as you may think useful to aid you to lioldth* possession of the country You will, In that case allow them, no far as you ihall judge proper, to select their own effloers. A large discretionary power in , Invested In you in regard to thes? matters, as well as to alt others iu relatiou to the expeditions confided to ( your command The choice of route* by which you will enter California will be left to your better knowledge and ampler , means of getting accurate information We are assured that ?. sou: hern route (called the Caravan route, by ' which the wild horses are brought from that eountry into New Mexico) Is practicable ; and It is suggested as ] not improbable that it can be passed over in the winter i months, or at leant late In autumn. It is hoped that this | information may prove to be oorrect. In regard to the routes, the practicability of procuring needful supplies for men and animals, and trans- i porting baggsge, is a point to be well considered Should the President b? disappointed in hla cherished hope that I you will be able to reach the interior of Upper Callfor- ! nta before winter, you are then desired to make the beat I iirrangi-meut you can fur sustaining your forces during i the winter, and for an early movement In the spring ? Though it is very desirable that the expedition should I reach California this season, (and the President does not doubt you will make every possible effort to accomplish this object) yet, if in your judgment it cannot be I undertaken with a reasonable prospect of success, you l wdl defer it, as above suggested, until spring. You are i left unembarrassed by any specific directions in this 1 matter. I It is expected that the naval force* of the United I States, whloh are now or will soon be in the Paolfic, will l be la "potisesalon of all the town* on the seaooaat. and < will oo-operate with you In the conquest of California ? i Arms, ordnanoe, munition* of war, and provisions, to be i used In that country, will be sent by sea to our souadna In the Pacific for the u*e of the land force*. should you conquer and take possession of New Ms*- ' loo end Upp?r California, or conalderable places In either, you will establish temporary civil government* ' therein - abolishing all arbitrary restriction* that may 1 exlet. so tar a* it may be done with safety, 1 n performing this duty It would be wise and prudeat to continue In their employment all such of the existing officer* a* ! are known to be friendly to the United State* and will | take the eath of allegiance to them The dntles at the < custom houses oaght at onoe to fca reduced to such a I ret* ?f n?y be barely sufficient to maintain the r.scas- 1 ?sr- > n--r? without jr I siding any mvenue to the gov?r?- J *?r: ? V"u may #??Mr? tb?, people ?vf those prcvlaqetf J E NE1 NEW Y that it I# the wUb tod design of the United State* to l foi ro*idefor th?m a free itovernmen t, with the leant pos- | ta< ible delay, similar to that which mints in our Territo- | rim They wlU than b? oaliod on to exercise the rights , of fret turn In (footing their own representative* to the , Territorial Legislature. It ia foreseen that what relate* ob to the civil government will be adifllcult and unpieaaant part 01 your duty, and much mutt necessarily be left to M< your own discretion. oa In your whole conduct you will act In such a mtnner hii a* bent to ooncillste the Inhabitant*, and render them friendly to the United state*. th It 1* desirable that the u*ual trade between the citl- < ien* of the Ur.itad State* and the Mesioan province* it* bould be continued, a* far a* praotioable under the coi changed condition of thins* between the two oountrie*. Tl In consequenoe of extending your expedition Into Call- tei fornta, it may be proper that you should increase your tl< upply of g'tod* to be distributed as present to the Indl- I an* The United State* Superintendent of Indian Af- A< fairs at Ht Louis will aid vou in procuring these good* You will be furnished with a proclamation* in the Spanish language, to be issued by you, and circulated among to the Mexican people on your entering Into or approach- hi ing their oountry. Vou will u*e your utmost endeavors te nave the pledge* and promise* therein contained carried out to the u'm *t extent. I am direoVd hy the President to say that the rank of brevet brigadier general will nonferrsd on you a< soon as Di you commence y?ur movement towards California, and nn 'ent round to you by s^a. or over the oountry. or to the tic care of the command mt of our squadmu in thn I'aolQc. an In tbat way oann n. arms, ammunition, and supplies wl for the land forces will be s<nt te you. Very respe( tfully. your ohnulent servant, h<i W. L MAROY, Secretary of War. i a; Uol. S. W. Ktitar, Fort Leavenworth, Missouri I P> Q. Are there any other ln*truetlon* under which you at aoted! M A. I received another letter of instructions abcut the P? *?m? time. Here Is an original letter from the Secretary hl of War, received by me on the 31st July. I received ?e anrther at Fort. Leavenworth. pi The letter of the Secretary of War was read, as fol- P' Iowa:? ?' W?r Dcpartmcnt. ) 1? Washington, June 18. 1846 S . , at I hare nothing of importance to add to the despatches which have been already forwarded to you Since my last letter it has been determined to Kend a small foron around Cape Horn to California The arms, cancou, and provisions to be sent to the Pacific ocean will be aocompani*d by one company of artillery of the regular army. Arrangements are now on foot to send a regi- 11' ment of volunteers by sea. Thrso troops, and such as hi may be organl^d in California, will be under your oom- m mand. More than common solicitude will be felt here in regard to the expedition committed to yon, and it Is hi Centred that you should avail yourself of all occasions nr to Inform the Government of your progress and pro- LI spects The President desires your opinion, as early as you are in a situation to give it, of the practicability ol h? your reaohing California in the course of this autumn. h< or in the early part of the winter I need not repeat the bxpresalon of his wlshe* that you should take military f? possession of that oountry as soon as it can safely be > dona. ft ~l am, with great respect, your obedient servant. 111 W. L. MARCY, Secretary ot War. hi To Col. 8. W. Kearny. Q Had you any other orders ? w' A. I had a letter of Instructions from the General in 01 CM-*f 1 have it not with ine here, nor do 1 remember its date; but this Is a oopy. The letter was read, as follows:? or this A*my. n/ Washington, November :i, 1846. *1'1 Sin?We have received from you many offlolal reports ?the latest dated September 16th. A special aoknowl- *>3 edtnnentof th^m. by dates, will go, herewith, from the Adjutant General's office. P' Your march noon and conquest of New Mexico, toge- 11 ther with the'.milltary dispositions made for holding that provlnci, have won for you, 1 am authorised to say. the {*' emphatic anprobation of the Kxeoutlve. by whom, it is not doubted your movement upon and occupation of n' U pper California will be executed with like energy, j ndgment and success ot You will, at Monterey, or the Bay of San Francisco, w, find an engineer offloer (Lieut Halleck) and a company ' of the United States artillery, under Captain Tompkins. n< ft is probable that an oflicer of engineers, or of topographical engineers, has accompanied you from Santa Fe * Those o flic era. and the company of artillery, ai-led by other troops under your command, ought promptly to t0 be employed in erecting and garrisoning durable defen- p' oes for holding the bays of Monterey and San Francis- ' oo, together with such other important points in the same province as you may deem it necessary to occupy Kntrenohing tools, ordnance, and ordnance stores went r* out in the ship Lexington, with Capt. Tompkins. Further ordnance supplies may be soon expected. " It is neraeived hw rlnnnatrhen received at the Naw " Department from the commander of the United States '' squadron on the no ant of the Pacific, that certain volun- J* teers were taken ioto service by liim, from the settlers about the Bays of Monterey and flan Francisco, to aid him la seizing and holding that country. With a view 01 to regular payment, it is desirable that those volunteer*, If net originally mustered, should be caused by you to be regnlarly mustered Into ?'rvlea (retrospectively) 'n under the volunteer ?ct of Msy 13, 184<J, amended by an ant of the following month. This may be done with the distinct understanding that. If not earlier discharged, as no longer needed, you will discharge them at any time 'J' they may signify a wish to that effect '' You will probably find certain port oharges and regu- N latlons established" for the harbors of the province, by " the com minders of the United States squadron upon its ra roast. The Institution and alteration of such regulalion* annertaln to the naval commander, who Is instruct?d by the proper department to confer on the subject Tf with the oommander of the land foroes As established, you will. In your sphere, osuse thoie regulations to be duly respected and enforced On the other band the <r' appointment of temporary collectors at tho several ports UI appertains to the civil governor of the province, who will be. for the time, the senior officer of the land forces In the country. Collectors, however, who have been already appointed by the naval commanders, will not be unnecessarily obanged. In As a guide to the civil governor of Upper California, tli In our hands, see the letter cf June 3d, (list.) addressed m to you by the Seoretary of War You will not, however, m formally declare the province to be annexed. Perma Ci ent inoorporstlon of the territory must depend on the government of the United States. s? After oooupylng. with our forces, all the necessary al points In Upper California, and establishing a temporary civil government therein, M well as assuiing yourself co >f Its Internal tranquillity and the absence of any dan- da zer of reconquest on the part of Mexico, you may charge ce Col Mason. United States 1st dragoons, the bearer of da this open letter, or land officer next in rank toyaur own. ai with your several du'ies, and return yourself, with a aufficient escort of troops, to St. Louis, Missouri. But or the body of the United States dragoons that accompa- th nied you to California, will remain there until further sa orders. of It Is not known what portion ?f the Missouri volun- qt teers if any, marched with you from Santa Fe to the Pacific is necei'sary to provide for their return m to their homes and honorable discharge; aDd, on the te name supposition, they may serve you as a sufficient es- e<l sort to Missouri. St It Is known that Li'it. Col. Fremont, of the United States rifle regiment, wag, in July.last, with a party of Pi nen in the service of the United States topographical tt engineers. In the neighborhood of 8an Francisco, or t* Monterey bay, engaged In joint operations against Mexl- ft 30 with the squadron on that eoast. Should you find ai him there, it is desired that you do not detain him igainst his wishes a moment longer than the necessities d *t the service may require. I need scarcely enjoin deference and the utmost cord!ility on the part of our land forces towards those of our navy in the joint servloe on the distant coast of California. Reninroeitv mav be coriliallv exnected : ami to. C ward* that and, frequent conferences between comman- "| leri of the two arms ?re recommended. Harmony in *u so-operatlon, and success cannot but follow. fn Measure* hare been taken t ? supply the disbursing of- O floors who hare preceded, and who may accompany you, with all necessary (undo. Of those measures you will be informed by Col Mason. 1 remain, iir, with great respect, your obedient Mr- ti rant. WINFIKLD SrOTT. pi To Hrlg. Oen. S. VV. Kearny, U. 8. A. ift' Commanding U. 3. form s 10th Miliinry Dept. tii [The Judge Advocate here suggested that, a* this th tatter contained nothing material to the merit* of the oo cause, It need not go upon the record]. To thi? the lourt assented, as did Lieut. Col. Kremont. Q. Had you any further instructlcns ? A. I have no recollection of any further instructions, which I had with me at the date mentioned. ~ Q. Did yon at any time exhibit these Instructions, or any part of tham, to Lieut Col Kremont 1 \ " A. The letter from the Secretary of War was not ex- I h? tilbita 1 by me to Lient Col Kremont; but I Informed 1 Oi him of the content* of it. An extrat of the letter of J line i 18 was furnished to him,under my instructions,by Lieut Ei Emorr oa Q. What order was giren by you to Lieut, f ol Kremont relative to his coming to Monterey A. On the 1st March, IS47, I was at Monterey, and I Ei I here issued the tenth Military Department Order, No. 1, which I sent to Lieut. Col Kremont, and with it a letter of tha same date, of which this'is a oopy Col. Kre- I mont must have the original, unl?ss he has destroyed It The military order wm read as follows of DroER,) llKAiqUARTKBS 10rH Mil. DltrARTMl * I ,) "1? V? .1 i M ?? ? ' i i .?iun i*, ifmroii I, In-ii. ) " * With a view to regular payment, it ia nt-re?- be >ary that the battalion of California volunteers, now ch inter the command of Lieut. Col Fremont, ot thn army, He ind atatloned at Cluilad de Ion Annelnn, tf not original- M y mustered under the law of May 13, and the supplemental law of Jun* 1H, 184ft, should now be mustered nto fervice under tho?? lews. Thia mutter will be nade at onoe by Lieut. Col. Fremont. Should any men Ti n that battalion be unwilling to continue in nervine under the above named law*, they will be conducted by Lieut Col Fremont to Yerba Buena, via W Monterey, and be tbere discharged. Lieut. Col. T. St Oeorge Cook, now in command of At the Mormon battalion, Isentniated with the supervision of the touthern military district, for the protection and defence of which he will make the necessary prov'slon, I ? posting hi* command (to consist of company C, let dra- tic Notk?Pfo p-ocltmalion for circnMtion wa? ever furni?h- wi >d to ftetiersl K"irny A Tew ropiei oTlhut prepared fir and em to Uenrml Txylor were forwarded to (teiie *1 Keiruy, |n jot he wiu rt?|iif?led not It une their1 The?e eoptes were the >nly jirnrUni itiotn lent by tne War Department to lum. and I w. im not aware that ha ever ??*d any of therh Ree Ijttyr of ? b* *Mr?ta?v?r war in Oen?r#l Remny ?r thalthM '?< M. a ar^y of which it, wllh t{?i ?ap?r?. ?"**? Frt?i <?ent ? * vwrar, * IV vo ORK, SATURDAY MORI nos, the Mormon battalion, and the California volun tt rs ) at such places as may be deemed moot eligible. w By order of Hrig (Jen H. W. Kearny, H. 8. TUKNGR, Capt, A. A, A. liecersl. tl I'lieletUr was also read, but tbe Reporter filled to vl tain a copy of It. 1" About the 'JOih of March, I.ieut Col. Kremont was in j L. mterey lie came to Monterey from Los Ao?elos.and m lling on me at my quarters, I had a conversation with P< B. Shall I relate the conversation ' 8 Ji'txu: Advocate. The point of the inquiry is as to oi e verbal order given by you to Col Fremont. * lit:*. Kuinr. The close of the conversation was a re- C ration of my orders to him of the 1st of Mareh to ai me to Monterey, and with the least practicable delay. I len on tbe J8th of March, I addressed to him a writ- a a communioation, which Is set forth in the speolfloa- 01 ins 1 handed to you I have no copy of it P' [Here a paper was shown to tbe witness by the Judge 1? lvocate ] W H Is that the paper you furnished to me' k A That is a copy of the communication 1 addressed ,v Lieut. Col. Fiemont. and which 1 presume is now in I H1 * poreetsloo, unless he has destroyed It. | t( The paper was read, as follows : ? " !Ii-\l?iuartkrs 10th Military Department.) ? Monterey, California. March 'i8. 1847. \ 0 Sin :?This will bo handed to you by Col. Mason, 1st raucous, who goes to the southern district clothed by s with full authority to give suah orders and instruo- '? ins In that section of ouuntry as he may deem proper id nere?sary. Any instructions he may give to you ' i< ii ou conii lereu mh coming irom myseir. u 1 d m tt proper to sug/est to you that should there i at the Pueblo any unsettled m-counts or demand* v :ainst the government, incurred by your orders or ap e oval, whlrlfSou may not already hare authenticated '1 id completed for the action of the disbursing oflWrs X lat you at onoe do s >, a.= It m*y be neceH-ary for you to ( 'ocesd from here to Washington city, and should there ' j eny of the party which accompanied you from Mi*- c >uri still with you, and under pay from the Topogra- c ileal Department, you will cause them to come to this I ace, that t luy miy be returned to me and discharged, id be of no further expense to the United States, un * >s they pntfer being discharged at.once in this country " tn twelve days after you have embarked the voluatcers ' San Pedro 1 desire to see you in this place. Very respectfully, your obedient servant, * 8. W KKARJfY, h Brig Gen. and Gov. of California. ' Lieut. Col. J. C. Frkmont, j Keg Mooted iti n em* n, Comd 'g. Bat. c? l. VtL J H In using. In your replies, the expression, *'if ha has tit destroyed It," yuu meant, did you not. tbat he might 1 ive lost or d< atroyed it unintentionally f Vou did not " ean to lay emphasis on the word' destroyed ?" A I meant tbat the paper was now, as I presumed, In 1 ? possession, unless it had been accidentally destroyed 1 lust 1 did not mean to convey the impression that 0 eut. Col Fremont had deatroyed or lost any paper In- P niionully I had given bim the paper, and I supposed c i had it still, unless it had been lost or destroyed. What J1 i did with it I do not know. ' The witness then prooeeded : I waited in Monterey 1 r the arrival of Lieut. Col. Fremont, who did not " im-; and in May I went to Los Angeles, and there I ' und him on my arrival at that place, on the 9th of that 1 onth 1 then repeated my previous order to him, and ? i left in a few days after. 1 Here a member of the Court inquired whether the 1 itness meant that Col. Kreinont left in obedience to the 1 der? ? A. He left in obedience to my order. 1 The Judge Advocate then intimated hii purpose to J [spend, for a few minutes, the examination of the wit- J pa in chief, that he might consult with Lieut. Col. ' remont in regard to certain document* " The record of Gen Kearny's testimony as taken down J 1 the Judge Advocate, waa here read to him. On hearing it, in oonneotion with the first question J ropounded to bim (see above), the witness said that * ie question was fuller, and embraced a wider scope than 1 3 had apprehended when giving his reply. He had un- j iratood it as relating only to the instructions whioh he 1 id with him when he went out to California; but he ' aw perceived tbat it was so worded as to embraoe the ' me after his arrival He said he had received many ' her instructions, after those which had been read, j bile he was in California; but he had not understood ' iesc to be included In the (iiestion put to him, as it ' jw seemed they were ! The Judge Advocate said ha would notify all this lerward. General Brooke, the Tre'idedt of tha Court, remarked ' the Judge Advocate that these instructions were imirtant, as showing in what light the Government con- ! dered Gen Kearny while nut in Csllfornia. Jroi.t Aiivucatk. I understand it. ' The Judge Advooate here r^ad a statement from the ' icord, explaining that the questions whloh had baen it to the witness were intended to refer only to the pe od innluded in the oharges, and during whloh it was 1 tid that Col. Fremont had been guilty of mutiny and isobedience of orders, and as to what portion of Gen earny's instructions had by him been shown to Lleat. ol Kiemont. The witness hereupon dealared himself entirely satisad. A paper was here shown to witness. Q Is that the official order received by you, establishig the loth military distriotf A. It Is? and I recoived it about th* 13th February, >47, from the haodi of Col. Mason, in California. [The order No 40 was here read. The Reporter could iLain no iron*, hut understood It. as partment No 'J. to oonsistof so muflh of Hunt* Keand ' sir Mexico a* should be conquered by the American mi, the headquarters to be at Santa Fe; and departent No. 10, to consist of so much of Oregon and the ro California* a* should be conquered by our arais, the ?adquarters to hi on the field. It was dated 3d of No- 1 imber, 1846 j 1 A paper was here shown to tile witness. , Q Is that paper the original letter received by you ! a to Lieut. Col Fremont .' and. If so, when, where, and I ider what circumstanccs was It presented to you ? A. That is the original. The paper was here read : ? Ciudao dk i.os Anoklo*. Jan. 17, ltJ47. Sir?I have the honor t > be in reoeipt of your favor of nt night, in which I am directed to suspend the execu:>n of orders which, in my capacity of Military Cora- , andant of this Territory, 1 had received from Com- j odore Stockton, Governor and Commander-in chief in , allfornla. . I avail myself of an early hour this morning to make eh a reply as the brief time allowed for reflection will low me. I found Commodore Stockton In possession of the >untry, exerolslng the functions of Military Commanint and Civil Governor; and shortly thereafter I re- ' lived from him the commission of Military Commanint. the duties of which I immediately entered upon, ' d have continued to exercise to the present moment. 1 found, also, on my arrival at tills place, some three 1 four days since. (Commodore Stockton still exercising i 1 ie functions of Civil and Military Governor, with t.hc ; 1 me apparent deference to his rank on the part of all : 3 liters (Including yourself) as be maintained and re- ; ' lired when he nssumed in July last. j ' I learned, also. In conversation with you. that on the ' arch from San Diego recently to this plaoc, you en- ' red upon and discharged duties implying an acknowl- ' Igraent, on your part, of supremacy to Commodore ' .ockton. 1 feel mjrMf, therefore, with great deferense to your J ofesslonsl and personal character, constrained to say ' tat, until you and Commodore Stockton adjust be- c reen yourselves the question of rank, where 1 respectilly think the difficulty belnnus. I shall have to report ' id receive orders, as heretofore, from the Commodore 1 With considerations of high regard. I am your obelent servant. J C. FREMONT, 1 Lieut. Col U. S. Anny and Military Commandant of the Territory of California. J i o ijrig. *??n. n. w, hf?hiv i n /*rray. About the 14th of .Junuary, lt;7.1 reaeWnd from Lieut J ol Vremont a communication dated the day preyinu*. ?on the maroh. and dated " January 13th, IH4K " (pr*. I lined to te written by mistake for 1847.) and which I riritfhed, together with the charge*, to the Adjutant eneral 1 The paper wag read ax follow*:? On tm< March, Jan. 13, 184#. Pear Sir?I have the honor to report to you ray arriil at thfn jilaoe with 400 mounted riflemen, and (tlx 1 etjon of artillery, including among the lattertwo plecu 1 'elv in the po**e**lon of the <?allf?ruian*. Their en 1 re force, under the oommand of Don Andre Pioo, hare ' in day laid down their arm* and aurrnndered to my I maud Very respectfully, your obedient **rvant, J C KHKMONT, ' Lieut. Col. U. 8. Array and Military Com'd't of the Territory ot California. Brig. Gen. S. W Kearny j 1 On the day of the receipt of that report, (tI* of the j th January) Lieut. Col Fremont. at the head of a ttalion of volunteer*, entered the city of Lou Angelnn | d the Iftth of January an ord?r ?u aent to him. relang to thl* battalion, by my direction and *lgned by Lt 1 '' nory?a opy of which I hive furnlehud, and which I n identify if ahown to me. . I A paper wa* here exhibited to the wltnem J I ' This 1* a copy of the ord-r furninhed to him by Lieut, nory. I ? Til# paper wan read u follow* ? p if KAD^UARTRtll AnMV UNITKI) 8tAT?.?. / B iuilad de 1<? Angeloa. Jan 1 rt, 1817 ?i I By direction of Brig. (Jen h'earnr, I *end you a copy t a oommunication to blm from the Secretary of War, i ^ted June 18, 1?48, in which I* the following Theae li ?opa, and such a* may be orgaiiiend in California, will under your command '' The ffaneral direct* that no v lange will be made in the organisation of your batta- t in of volunteer*. or offloer* appointed in It. without hi* ? notion or approval being flr*t obtained Very respectfully, d WM II KMORV, fc Lieut and Acting A*et*tant Adjutant General D Lieut. Col J. C. Fremont, Mounted Klflemen. t Commanding Battalion California Volunteer* * Accompanying thli wa* a oopy ol a letter from the ar Department to rayaelf. t I Thli ha* been read In the reply of the witne?n to the : * Interrogatory ? ae? above ] Oa the day *ub?e>iunut, vii on 17 th of January, Lieut n >1 Fremont oaua to my ijuarter*, and, in cnnTer.?atio;i. fl i*ked him whether he had received my ommnnica a in of the day pwvious. lie acknowledged the receipt It; and etated that he had written a reply, and left it C th hia clerk to be copied. ( About, thin time a pereonentered the room with a ptper ti hi* hand, which Lieut. Col Kremont took, overlooked, 8 d then u*ed the pan upon my table to algn It; hi* clerk ,vlng told him that tbe algnatnre wa* wantiag to ft 1 I ) than hantad I* to me At ?ny re<ia?et Lieut eroint t??J? a ahatr by mj labia wMl* ! read the |en.?r rtatlhg flblihod tha taadlif of It, i told bl? l waa an t Nt iHtku htaualfi uiXf I ?h anvah eidai miliar c RK H STING, NOVEMBER 6, 184

lan hinn?lf; that I hid groat respect in J regard for his A lfe; and great friendship for hla father-in-law. Col Baa- Ullli >o, from whom 1 hail received many act* of klndneas; wa* nit thess consi derations induced ma to volunteer ad- me i ca to him: and the advice was that he should tako the I Cell tter baok and deatroy It; that I waa willing to forget it [1 if ut. Col Kremont declined taking it baok. and told ' tlie le that Commodore Stookton would tupport him in the I mac isitlon tiiken in that letter I told him that Com | g?v< Lock ton could not support him in diaobeylng tha order* . U f hi* Benior officer. and thst if he persisted In It he b*sl ould unquestionably ruin hlma*lf. He told ma that A nm. Stockton was about to organize aolvll government, no r rid Intended to appoint him Governor of the territory. j belo told him Com. Stockton bad no roob authority, that *4 uthorlty having tieen conferred on me by the President mat f tha United State*. II* asked me whet .er 1 wonld ap- A nlnt him Governor I told him I expected shortly to Q ave Calif >rnU for Missouri, that I had, previously to you laving Santa Ke, asked permission to do so. and waa in A opes of reoeivlug It; that, as ?oou a* tha country should tj e quieted. I sbould mcst probably organtxe a civil gov- the rnraent; and that 1 at that time knew of no obje'tlons A j appointing him as the (Jove nor Ha then stated to Oal ?e that he would "ee Com Stockton, and that unless he It i ppoluted hlra Governor at onou he would not obey his I <ju* rdera; and ha left me , tj The examination in chief was here closed wan Tha Jud<e Advocate stated that Lieut Col. Kremont eld* ad now the opportunity of Cross-examination. A Whereupon Lieut. Col Kremont presented the follow- tee og paper, wbieh. by permission of tha court, waa read oft y the Judge Advocate. the " Mr. rn?:aioKf<T : Bet'om putting any questions to the ; ritness, and t? enable t)m Judge Advooate and the 1 rec uurt the better to understand iho relevancy of the 1 [UfHiiom put, 1 think it bust to give some idea of the tin ;eneral scope or natnrn of my defence. Thin can be I 1 tone, with respect to one in till branoh of the defence, tht >y r?a<ling paragraph from a paper addresned by my Co ouusel to the War U partment, asking for curtain ' 1 Tiler* and reports preparatory to the trial, and which | laragraph is in the** wordsmr " I o looking over the charges and specifications, it in een that the imputed acts of mutiny and disobedience to ud disorderly conduct, refer to a period of time when rel 'ominodore rttookton and Oeneral Kearny were con- ( ending for the supreme command in California, and til r!)?'u the decision of that contention was attempted to j e devolved upon Li*ut. Col Fremont. as commander of toho California battalion, by (Sen Kearny, giving him orers In contradiction of those of Com. Htookton; which .eclsion Lieut ? ol Fremont declined to make, and d?- ' iTiniut'd to'remain as he anil the battalion were, under c"i hu command of Com. Stockton, until his two superiors "I lecided their own contest. Looking upon this to be the cot orrect nswer, the undersigned feel it to be their duty ?f' 0 pretest, find do hereby protest, agninot now trying A hat question In the pern?n of Lieut. Col. Fremont, on a w* hargeof mutiny and disobedience of ordevN and oonduct "r rejudiclal to good order?okerge* going to his life and 101 iharacter?for not obeying tbo orders of (ieneral Heariy They mike this proles); and, reserving to Llent. /Ol. Frnmout all thu benelits to be hereafter derived "1 rom It. they deem It their duty to prepare for the trial f the charges and specifications as made, (which Is, < n tact, the trial of Commodore Stockton, of the lavy, in the person of Lieutenant Colonel Fremont. * f the army;) aud, f?r that nurpoae, they claim '1K he benefit of all the defence* which Commodore 8toak- ,!o on oould hiins' if demand if personally on trial before a ??< tavul court inirtial Under this sense of duty, and with f . full conviction that they cannot dojuslloe to Commo- ltn lore Stockton, (to whom, happily, a decision against Tel ila? will be legally nugatory, and may be contradicted eTI iy the decision of a naval oourt martial, while unhappily 1 t will be fatal to Col Fremont) they ask to be furnished is early as possible, with official oopies of all orders to 'l'* .'ommodore Sloat, (under whom Lieut Col. Fremont kn lrst served) ul?o to Commodore Stooktou and Commo- ?* .ore hhubrlck, aud any other naval officer*, charging ' hem with military or civil power* in California ; also, Ml rlth copies ofalltheir reports in which Lieut. Col. Fre- be nout or th". California battalion are mentioned or reerre i to ; copies of all commuuloation* from them, 8n >t either of them, which show the nature and extent of 30WL-rM which tliey, thu said naval commanders, actually w' ixeroitted in California ; also oopies of the joint procla- P*j nation of Commodore Sbubrick and General Kearny, n settling the boundaries of power in California between 1'? ^humselves ; also a copy of (Jen. Kearny's proclamation " it thu same time ; also a copy of the orders to Oeneral 1,1 Kearny to preceed to California, and a copy of the or- co lers, It any, to proceed from California to Meiioo ; aud w( 1 oopy of the orders. If any, which related to l.leut. Col ? [ 'Turnout's movements In or trom California ; and a sopyofths orders, if any, by which General Kearny "l Drought home to the United State* the topographies*I J' party formerly under the command of Lieut. Col. Fre- " wont, when Brevet Captain of Topographical Kngineers. "Another main branoh of the deience will go to im- K peach the motives of the prosecutor, by showing his acts n and oonduct towards mn during a period of six months >' and twenty-one d?ys of time, and over a distance of about threo thousand miles of travelling, and for tbnt purpose to avail myself of all the right* of a cross-exam- ** Inatlon of the prpsroutor and his witnesses, as well as of the direct examination of my own. M " This is sufficient to give a general idea of the main *c branohes of the defenoe, aud will enable the Judge Adrocato and th* jjourt the better to understand the drift hi luu relevancy 01 questions ton toe erieci 01 answers; Mid Id xny opinion will be a convenience to them. The "P :>lea of not guilty t<iven no notice of tha intended de- Wl :'enoe : special pleas are discouraged : ami this stateusnt Is intended to give the notice which the plea ot not PK luilty withholds." n? The cross-examination now commenced Question by Lieut. Col Kremant. At what time did a pou form the design of arresting Col. Kremont ? *? A I formed It shortly after receiving his letter of Jan- " I'iry 17. When I say shortly after, I do not, of oourre, B' n?:tn immediately ; It may hare been a week after. At whit time did you ooramunicata that design to H aim. and where ? 10 A I communicated it to him at Kort Leavenworth on 'n .he -J:id August, and I arrested him. bi U Did yau write from Monterey in May last to Col. M fienton, informing him of your design to arrest Col. BU Kremont .' tfc A. 1 did not ? Or at any time ? vt A I wrote to Col Denton in May from Los Angelos, c?j elling him that the oonduct of Cel. Kremont had Tl >een in opposition to my orders and to those of the War Di Jepartmont. Delicacy prevented me from saying (fl urther to Col. B on the subject. 1 presume he must lave the letter m< <4 Was Col. Kremont then at Los Angalos ? w| A. lie was there about that time pa <i- Did you at thu same time give Col. Kremont the sh i|iwi Information ? an A. I did not consider it obligatory on ue to do so, 0I1 m'l I did not. th H Will you state whether, after the communication or nade to you on the march to tianta Ka, you met an excess from Commodore Stockton and Colonel Kremont. to tearing despatches to the Government; and whether bi ^ou received any Information irorn that express that inluc?d you to depart from your orders; and If so, to what sh extent ' co A. I met an expres on the Del Norte, sent from (:ali- ne 'oruia by Commodore Stockton and Lieut. Col Kremont, bu >n hts way with despatches for Washington. I received g? 10 information from the express which Induced me to gu iepart from imp oru?*s wmcn I nau received. I received nf nforuiation which induced me to make noran changes an here, but these were predicated ou my own orders, not tr! ) the order* of others til H Did you turn baok any part of your force, and It countermand the march of any of the troops which were intended to tollow you ' rn \. In consequence of information received by me from *h Lliut express. I left on the Del Norte, in N't* .Mexico, <p wo huudred dragoons, which I had prevlouily deter- of nined to take with me to California. I can state in a ew words that I started from Santa Ke to California . with three hundred dragoons; leaving instructions be lind me for the Mormon battalion and a mounted com- V >any of volunteers under (. apt Iludfon to follow me. i? I'he company *ai to be under the command of <;apt. Hudson; the battalion nn I the whole was, I thought, to 'V. :>? under the command of Capt Allen. H What amount of forcc (ltd you intend to take with you I)*fore meeting with the express ' ' ' A The three hundred dragoons; and these to be fol j? owed by the Mormon b.ittnll?n, of which 1 had received no written report as to its numbers, but which I pre- I vj lurued would average about live hundred men; besides u I jompany of volunteers under Capt, Hudson, which I I presumed would be about eighty strong I <4 What proportion did the force you carried on bear ' .<> tne strength of the Mormon battalion which wai to i ' 'olio * you ? T A. 'l he fore# I carried with me was 1CH> dragoons.? {\ I'ha Mormon battalion, together with Capt. Hudson's -ompany. would be from 3&0 to >>80. ; < 1 Will yoa state with what object you proceeded to ! JK California after meeting the express hearing Inform*- | h' ion from him and diminishing your dragoon*.' A. The object of my proceeding to California wis to I Pi omplywith the Instructions I nvi reoelrcd from the I rVar Department 01 fct Did the express remonstrate against being turned 1 *' tack, and did you insist and order him back .' j'l' A. 1 he express was Mr. Carson, who, at the first, was i,l try unwilling to return with me, ha being desirous of ! tb iroceedlng to Wa*dington to convey letters and commu- 1 In ilcatlons to that place which he had received from ui ,leut Col Kremont and Com. Stockton. He tolrl m.. 1 . hat ho i'a'l pie lgeil liim*?lf theae communication* ; t? hould be ra weired iu Waahlnjton. I at laat persuaded ilin to r?turn with me, by t<'llio? htm I would n*nd lu d? il* pla;e hs i) -tre r of thotH despatch**. Mr. I- itzpatrick th rho w?< mii old friend uf Mont Col. Kreinont, and had f?n ravelled a Kr?at deal with hltn Mr. Canton, on that, : th ran perfectly *atl*lled, and toll mn mo. wi Old be not blao tell you ha waa to oonTey back < r lespitch'-s to l.leut Col. Kremont and Commodore wl itockton ' th A. lie did not, he told me they hid asked him to re- ac urn, but ho had Dot consented to do no. and be ha* w* iooe told me that he would not hare returned Tt H At what time did the reply to the despatchei thus tn aken from Car*on reach California ' tri A. I know not. An Will you state what part o( California yau were hii leaning to approach, and when and where you wei e lu! ir*t met by a detachment from < ommodore Stockton. pu nd wlr<re Commodore Stockton at that tlm? f for A I was aiming to approach the lower p irt of t 'pper Mo alllornia: and I wan first met by a detachment fruin res :ommodore Stockton not far from what In railed ' War- j alii i?r'? ram-h,'' or Agua < allente (ilot Hprlojfsi I Wi I'h Itockton wa* then at San Diego *ir CI., (by one of the Court ) At what di*tanrc from *an thi Jl-'fo were you whan met by that d?'.anb?ie*tr t*1 A. t pfMttma so*n?wher? about *t>lrty-flre mile* wa U What waa ?b? ?t?ength and oooipoiltloo of that Me- a ?oh??ni| aid uatar what order*, and folwhal our Ml Ml, 4I( III ll?N MUHOai It Mt ttll It IMMf . tOI ERA] 7. . It waa a detachment of volunteer* under Captain t rapie. o' I believe about twenty or thirty strong. It |> wilt to me It came from Com Stockton, to give a uformatton of the state of alTaira in that part of t' fornia. t: 'be Judge Advocate here repeated the la'ter part of c question, '-for wbat purpoee did the offleer oom- tl iding it ?ay that it came?" To wbioh tha witneaa ?| > the tint reply ] d What other offlnor wm there with tha detachment g des ?'apt (fillespie' I' Midshipman Baal* I recollect, at thin moment, pi ther There waa a Rousseau Whether be b ngcd to the navy or no I do not remember. p . Did the detachment continue with you on your . ol ch to Han Diego' M . It did. I n Did you have an action with tha Callfornians after ! t< got to Sun Diego' p . I had. d What, fu the foroe on each fide, and where waa g acMon? ] q The action waa at Sin Taeaual. The force of the o iforuians 1 oouid not know. I afterward* heard that 1 n imounted to one hundred and aixty men 1 aubse- ' a ntly heard it waa much larger. d > V ou hare not answered the whole question What b i the foroe on eaoh aide ' What waa it on your own u >' I l. Our own foroe 'consisted of dragoons and volun- p ra, numbering. I aupDoae, about eigh<y The balance he oommand waa left under Major Sworda to protect w bagirage. p t Did you loae a cannon in that aotion; and waa it n overed. and by whom' b .'he i'reaident of the Court observed that he thought u see questions were taking too wide a range. t I'he Judge Advooate reminded the President that, if t ' propriety of the questions were to be discussed, the p urt must be cleared. I '"he President ezpreaaed reluclanoe to insiat. c l'be Court, however, was about being cleared, and c >st of the spectators bad retired, when; p i'he ludge Advocate Raid he waa directed by the court t aak Lieut. Col Kremont what waa the object and the d eVBDCT of thtt nti?Nfinmi Km ?ili niitlfitv' t LIol. Fremont replied that he would prefer having unto morrow to prep?r? bio reply to this interrogatory \nd. thereupon, the ( ourtadjiurned until ten o'clock morrow. LkW Intell<genc?. ^ouht ok gknehai. skmio.h, nov. .v? Before Reft cr Soott and Aldermen Peeks and Tappan.? Trial Madam Rnttll continued.?At the opening of the irt thin morning, the rebutting testimony on the part he prosecution was reHuined, an follows : ? iih. mii.lifmijh. sworn?I reside at Montgomery,and i for sonae time the superintendent of the poor for ange county ; I know Dr. Thomas Millspaugh; I had an conversation with him in the fall of lH4ti, on the lject oi attending Maria Bodine l*coa P drckkr sworn?I reside in the vicinity of ilden, and know Maria Bodine ; I know nothing ( limit her character and would believe her on oath. Maria Uodiue is a family connexion mine?my wife is her aunt. iVm P. Oki.'kkr sworn?Reside at Montgomery; I ve lived there for the last Rxteen ytars; I know Maria dine; for some time past her character has not been isidered very good; I would believe her under oath ivlvanus clvman iworn-l reside near Walden; I ow Maria Bodine; her general oharacter has been ry bad for the last three or four years; I would, how?r. believe her under oath. Croti-rxaniinrd-All I have heard of Maria Bodine, ' several years past, has been unfavorable; I know l)r lomas Millspaugh; his far as I have any ewledge of it, is good. I would believe him under th. VIoskV Smith sworn?i reside at Montgomery; i know kria Bodine: her character in not very good; I would lleve h >r under oath. Crost-txaminrd -I am the father of Doctor Samuel lith dh. covkll recalled?I have examined Maria Bodine thin a few days past; I did not then discover any syilitlc sores, either externally or internally. The proseoution here rested, when the following addiinal testimony was adduced for the defence. , 1 Ienry J MiLL#PAt'<ih sworn?I am a distant relative of Thomas Millspaugb; I have known him from youth; I nsider his general moral character to be good, and >uld believe nim under oath. I have visited Walden vcral times; a year slnoe 1 came to reside in this city. Cross-examined? I left Walden when 1 was 14 years I d; I then went to live in Newburg until about three ;ars a go. when 1 oame to this city; I never heard any ting against the oharaoter of Dr Thomas Mallspaugh Aldkrt K. Smith sworn?I reside at Montgomery; I now Dr. Thomas Millspaugh: I have known him tor a umber of .years; his general character is good; 1 would slieve him under oath. Craii-examinrd ? I am :l'i years old: I am a farmer; I so buy and sell stock: I never heard any thing agaiust n< character of Dr. Thomas Millspaugh. (itoRuf: MiLLnrAuuH, recalled?I know Dr. Thomas ilispaugh; be is a distant coonevtlon of mine; his chariter is very good; J would believe him on oath. Croii-txamintd?I hive neverheard any thing against i s character. John JC. Uotchei sworn?I know Dr. Thomas Mill- ' augh; I never heard anyltblng against his character, I 1 >uld believe bim nnder oath Crou-txamincd? I reside at Montgomery; I keep a ' ibllc honse; Dr Thos. Millspaugh stops at my home; I ivnr saw or heard any thing against him. moid* ykrks sworn?i reside at Walden; 1 work in factory; 1 was subpo-ned by Mr Bowyer, for the procutlon; I recollect old Mrs. Cook's leaving Walden; was about the 'Jlst of April; I afterwards took Maria sdlae to Ooshen; ?he told me she was going to Ramapo In conrei(ueno? of the Indisposition or one of tli* Juirs, the Court neoessarily adjourned immediately after eetlng for the evening session, until to-morrow morn ig. It is expected that the evidence in the ensn will be 'ought to a close sometime to-morrow, and that on onday morning the respective counsel will prooeed to im up, so as to submit it to the jury on the evening of lat day. Si nemos loiht?l.f Mamco?AOV. o ? tVm. Cargill William Culltn Bryant.?This cim ouna before the I mrt on bill of eioeptlous. The foots are as follows he plaintiff in 1830 entered [Into partnership with one livid C. Cargill. under the law of limited partnerships. I rat Revised Statute*, 704) wbiob U as follows : ? Section 3. 8uob partnerships may consist of on* or ore parsons. wbo shall bo called general partners, and 10 shall bo jointly and severally responsible as general rtners now are by law, and of one or more persons who all oontrlbute in actual cash payments a specific sum, capital, to the common stock,wbo shall be exiled spell partners and who shall not be liable for the debts of e partnership beyond the fund so contributed by him them to the capital. Sec 3 The general partners only, shall be authorised transact business and sign for the partnership and nd the same. See. 4 IVi sons desirous of forming such partnership j all unke and severally sign a certificate, which shall ntaln ? 1st. the name or tlrm under which such partrship Is to be conducted -id, the general nature of the isiness Intended to be transacted?3d, the names of the mural and special partners Interested therein, dlsttnilohing which are general and whluh are special partirs, and their respective places of resilience-4th, the aount of capital which each partner shall have conIbuted to the common stock? 6th, the period at which i e partnership is to commence, and the period at which shall terminate Sec. ft, 0. and 7, relate to the acknowledgment and 1 cording the certificate, and declaring that an affidavit | all be made by one o the partners, that the sums i cifled in the certificate ihall have been paid In by each ' the special partners in good faith. Sec 8. No such partnership shall be deemed to hare { en formed, until a certificate nhall have been made. . knowledge*!, filed, and recorded, nor until nn affidavit all have heen filed, as above directed; and if any false itement be made in suoh certificate or affidavit, ail the rsons interested in such partnership, shall be reepon- 1 >le for all the engagement* thereof, as general partners ' Sec. !> The partners shall publish the terms of the J irtaerehip. when registered, for at least hi * weeks. Im dlattly after such registry. In two uewspapers, to be tsignated by the clerk of the county In which such glairy shall be made, uud to oe published In th? senate , strict in which their business shall be carried on; an suon pumic pumicanon do not mm*, ins partnership | ill be deemed general Sec 10 Direct* affidavit* of the publication of *uch ' allot by the printer* of the newspaper* in whloh th? nn? fb?ll bo published. to be filed with the dark, ireutiog.lhe unit, ami shall be evidence of tlia facts leroln contained. iTlie plaintiff subi.cribed and paid an hi* | >rtion of the partnersnip stock ; llie raid David . ' argill wan to be the general partner, and the isiness to be carried on in thin city ; th" certificate scribed by the statute, wan prepared arid Uled with in County Cleric who designated the Krtnint I' ntnn ' , le of the paper" la which the terms of the partnership *re to be published The attorney for the plaintiff drew j ) the notice, and seat it to the Keening /' >?',and .n set- ( ng it up the printer made the sum to be paid in by the atntiff to be 9A000, instead of two thonaaod dollar* t e mm agreed to be subscribed; there wan also an error the spelling of the plaintiff'? name, it having been aet ) "Cargale," instead ofi argill The concern after- 1 ardi became ln<oIvent, and one of the creditors disco ired the error in Ibe name, and brought an action ' ;aln*t the plaintiff, a* a general partner to recover a iU dni by the partnership; in that action, after gol g rough all the courts in the Mtate, the creditor was deated; hut In the meantime the other error, which was e principal one. was discovered, and a second action is brought In INI'.', against Mr ( argill, and the late >urt of Krrors decided that he was a general partner thin the meaning of thn statute, and as such liable to 1 e partnership debt* Mr (argill then brought his ; , Lion on the i'ate against Mr. Bryant, for neglect and int of due deligence in printing the partnership notice , I which the latter put In two pleas to wit the state of limitation*, and the general Issue The case was i , ed In November, lt*4?) before one of the judge* of the j \ perlor I ourt After the plaintiff ' counsel had cloned i case, the defendant'* counsel insisted that the sta !? of limitation* began to run from the date of the I 1 blluatlon of the notice, which was In 1834; that, there- ' e, lie was barrel from bringing his action Thisques- ' n the judge gave no opinion upon at the time, but lerved it for the consideration of the full court, and awed tho na*e to go to the jury on a question of fact. i? defen aut's counsel then gave In evidence the orl lal manuscript, to *how that It was *o Illegibly writtan it a person of more than ordina'v intelligence might *t?lte lb*i word ' two" for " Dve " and that It * t-i* plaintiff'" own ?nl?'e.He in wet s??idl?* 1**1 blr and weti writt?n Mea?Mr1(t n- u < 1?J t?0 ditori 10 prove that It Was the ou*> > la otiM far tmtii whe teat It* ?? | , I ? LP. Prtoc V?ro Curt* "imn titno brforo the publication of thfl ap?r. and mmpirp th? urlntt-J rnpj with th? original, nd h?? that tt *? corract To thia e?ld?no?t tha plaloItT* eouna?l objrctad Tht judg* orerrulad th? obj??lon and admltt?d th? toatimony. to which plaintiff* oun??l zonptsd. Tb?ju'ljn than nktr(ni th*Jury on h? quMtioD of fa?t. r?i??r?ion U b?foi-a ntatad. th? Uftnttoa of law Hp told the jury that If. from tb? ?ri?no?f. thry oam? to the ermclualon that Mr. Rryut ni ullty of DeglltfHnna In not having the notice accurately <t up and printed. th?y ou<ht to rtnd a ??rdiet f >r tbn laintlff, but If, ftft?r considering U>e teetlinony offerel y the defendant. they oame ta the conclusion that tbn laintlff. or hi agent. waa bound to to to tha nrlntln* IBce. and to compare and correct the proof sheet and a that all *u correct. then tbe plaintiff tan guilty of egligence. and the defendant would be entitled to a erdiet The plaintiff'* oounMl alio excepted to thin art of tba charge. and the jury found a vcrdiet for tba efendant. The caae wan called on to day. and was arued by Mr Anthon for tbe plaintiff In relation to the nestlon whether tbe plaintiff wa? barred by the statute f limitation* or not. be contended that tbe statute did ot begin to run until actual damage to the plaintiff had ccrurd. which wa? not until an action was brought and eolded agalnat him by the Conrt of Error*. Had be rought bis action before, ha oould prove no apeoial daluge, and, therefore, oould hav# do verdlot in hie favor, pon tbe other point, he insisted that there waa aa ilulled contract between th? partlm that Mr. Bryant ti?uld diligently and faithfully u'o tbe work, for >hich he reoeived full conaideratlon ,' and if the rinter bad any difficulty In deciphering the musorlpt. be should hav- brought it to thrt writer efore he set it up He further contended that a age or custom between printera oonld not <f*nrol or abrogate a legal contract, and tranafer the burben of tbe performance of It to tbe ahouidera of other artles, and therefore the evidence of a usage ought aot n be admitted, and la tbl* view the judge had erred la harglng the jury Mr Anthon cited various oaita 4aIded. both In K.ngland and this country, to auatain hie losltiomt Mr T Sedgewlck, for defendant, nontended bat the statute of limitations began to ran from the late of publication At that moment th? cause of salon accrued, and the plaintiff, although he might nor. in able to prove spealal damage, might bring hia utioo, lud bare a verdlot in bla favor for nominal damage*.? C'-ited Howell vs. Young, ft B and C , 9ft9, Short va Mo I'.arthey, and Plumraer v? Wllcocka, 4th Petera, 7-J. II" next argued that the plalatlff, or hi* agent, ought to have tent the manuscript written in auoh a way aa net to mialead the printer; but here the manuaoiipt waa ao badly written, that the most intelligent peraon might be mlaled by it; and that, therefore. It would be unreaaonat>le to ehurge tbe printer with the neglect and want of ?re of the plaintiff and bin agent With regard to ibe luatoia, there waa no doubt of its exlatence, and the >laintiff and bin attorney were bound by It; and it was be duty of both, or one of tham. to compare and see bat the printed copy correaponded with the mannsoript, ind, moreover, the affidavit of tbe publication was tranid to the plaintiff's attorney, and if be bad used due lillgence. he should have seen tbe error and corrected t. Judgmeut reserved. Comtoi I'i.ka* ? Before Judge I'lahoeffer?J. L. Knapp .?. John Ihibruw ? Tliii1 w?* .in action on a promissory lote for $U7ft. Ou tli i -Jd ol June. 1840, one Joe lab lovce, of Rochester, purub^MKd aoiue fruit in thla city, ind drew the note in suit to the order of the defendant, rbleh be endorsed; it waa given to the plaintiff, who got t discounted at the North Hlver Bank, and the money van applied In payment for the fruit purchased by loyce, with tbe assistance of plaintiff. On the 4th of Vugust, isifi, the day tbe note fell due, tbe plaintiff releived a draft for $ft?fj, at three days sight, and $13 in lash, from Koyce, enclosed in a letter, but without dilutions aa to how It should be applied. The plaintiff'* inn then held a note for $316 10, that became due July tn, 1846, and another note for $600, that fell due on the t'.'th August, 1846 The plaintiff'a tlrm applied tbe moley on tbe $310 16 note, and endorsed the balance on ,hu $S0i) note. The note in suit waa protested, and the >la!ntiff had to take It up, and bring* hi* aetlon againat .he delendant aa endorser. The defence was uaary, and ilr-o that the $000 sent bv Rojce should be applied In payment of the note lor $976. The Jury fonnd a verdict lor plaintiff for $409 14. for plaintiff, Mr. A. Thompson, for defendant, Mr. Terry. U. 8. Circuit Court?Before Judge Nelaon? JVilJrr m. liaiyler 11 at.?Tbia cause, which was tbe patent cause referred to on Thursday, was given to the .jury this evening. Sealel verdict to-morrow (this) morning The War, HIOM THK Pl.AINS A.ND SANTA I K. ( A letter to the St. Louis Mew Km, dated Kort Leavenworth, Oct. l!Kh, says that a train of 100 or oOO oxen would leave that day to join the troop* in the Upper Missouri. A timn ol saventy-elght arrived at Fort Leavenworth from Santa t-e, on tbe Hth. Col. Caton'a Battalion had arrived before they left Santa Fa. a letter dated Santa Ke, August ::3, aaya Colonel 11aton's troops were yet in tenta, but would aoongo into quarters. The privatea of Company A have algned a paper requesting one of the Lieutenant* to reaign. Two more companies would arrive in a few daya. There 1* plenty of proviiloos of all kinds, for the consumption of the troopa. Santa Ke baatix hundred houaea in a valley aurrounied by mountain*. The fort commands ths town, and the fountain wbicb auppllea It with water. The tales ot the volunteers are true. One would hard ly believe them all, without being on the apot. army ixtkllioenok. The following la tbe letter of the Secretary of War (o the Uuartermaater (Jeneral of Tenneaaee, extending the call on that State to another regiment yVar UaraSTMKMT, Washington, Oot. , 1847 Hi a?Tbe President has tbia day determined to extend tbe call for volunteera from Tenneaaee to another infantry regiment. With a view to tbeir early organisation and departure for the seat of war, the Governor of Tennessee has been Informed, in a communication thla day addressed to him, making tbe requisition, that a preference will be given to tbe ten companiea already ralaed, and wbo have tendered their servloea, as eommunloated in your letter ot the 'JOth ult. The communication to bla Kxoellency the Governor of your State, on this aub ject. will go by the same mail which Will oarry this letter. A copy of thla letter to the Governor of Tenneaaee la herewith enclosed to you. Very respectfully, your obedient servant, W. I. MAKCY, Secretary of War ( en. Ja*. A. 1>>:ekv,U M. lien. Tennessee, K oxviUe, Tenn. The United States tranaport steamer, the Beanfort District, sailed Tor Vera Crux on Tueeday last, having on board 74 men and hor*es, and yesterday the lialTMtoo aud tbe Mary Burt. the former with IUH, and tbe Latter with 136 iDtiu and horses, of the < ieorgta battalion, departed for the aame destination.?Mobile Rrgiitrr and Journal,iH|A nil. Stall Kallurtt. At Petersburg, Va . tbe No# Orleans papera due Not. 4tb, did not arrive. [Krom tbe Mobile Register St Journal, Oot. J* ] At tbe lime of our going to preM. late last night, tba New Orleans mail due yeaterday morning. bad not arrived. Tbe BufTalo Commercial Jtdvtrtiier, of Nov. let, i<i, and 3d, all oame to band at onoe today raisecllaneoua. A number of mlsatonartea, coualuing of tha Rev. I aleb B Baldwin and wife, of Bloomtlald. New Jersey, Rev neneca ' umiiiliijH and wife, of New Hampshire, and Rev Wm. L Richarda, of Brooklyn, (son of Mr Riobarda, or tbe Haodwioh Inlands,) are about to embftrk for China from this port ? fhita. b'arth *1wur scan, Mov. 6. Tbe New Haven Bank are having new plates engraved In place of those whleh were stolen a abort time s.noe, and the institution l* catling In all the old note* as fast as possible. Nt? Vum Co u.g?The Courritr du Havre oontaln* the lollowlng serious charge against the agent* for tbe Hupply of the Ireuch steamer* at New York '?"Tbe coal* supplied to the company at New York, and sapectally those furnished to the steamer New York, were of a very Inferior ijuality. Krom this cauee tbe New 1 ork, on her r?mrn voyage, was considerably retarded. l'bee? coals were of such an Inferior kind that tbe flremen were obliged to throw barrel* ot pitch into the lire In order to li' lp them to buru " We ar? inclined to think that tbe fault, If any, Is to lie found with tfi.? I'rench tbesueelver, who are unaucustomed to tbe use of mineral ooal ana perhaps too Impatient to learn bow to manage it. 'I'llK LATH AccIOK.NT ON r*e MvS.eA'HLHKlTS ami V'ku.uo.nt JIaii-roau.?It i* now said thnt tlm rectnt catastrophe on tbe Vermont and Masaaohusetta railroad, was leas tlie result of aooldent than de sigu ?That two boil*, eaeential to the stability of Ike bridge, were removed, and to this circumstance alone tbe destruction ot the bridge Is traced It la atatad that llieru bud been some trouble among the laborers on the road, ?nd a pcrtiou of tbein bad struck a day or two l>r<-<miiou Jluita were then thrown ont, foreshadowing ? r. ?ult Minllar to the dreadful calamity at Athol ? and ucplol'iti h*i* ImIIpd on tiro parson* ?' the guilty parties l hu roport1? ti?ae>l upon the (lory thai aeTenU Irtch utbotrn, who bud disagreed with th-ir employers, ma<l<< uh5 of cetUslu threats, previous to the accident. in presence of two girls Mlnoe the sc> id?nt, these thr< atn ai-re disclosed by the girls; but Utterly one of the girl* h*a receded from t?r ?iateuiinl. while the other retlllrui* it A* to to the inalily ot tbo lroa u*?(t on tb? uri(l?M, we lnnru that one of the iron rudA of Mm broken briil^e wsi tented yesterday. In this city, and sustained wetgnt of ality tous H 'ltun l'i atelier, 4(A tru/. | I) OF k ?'I he Orti'-ri. and Brothers of Warren a* L ,Uue. No. 153 I U. nl O K., are rtiinested to hkii ii in.- Lull, i Honin, on flmirdav, the bill ins aut, at il o'clock. ( iooii) lo |Mir the last tribute oi* rcspect <o <>ar late tvmtliv bro lier, M. U.John i>ieol. Mernoeisol (he order icii'i in* ne ibiucJ i.> ttteud. 0&St*rc JOHN BRUTIN,Secretary y* \ IIMV All I) ? Lef. hu boarding Iwuic at At* flJ|oi;li, A. M , on the Wnut, a una about tlmt ini i 4ic, 1 leet 8 mcliea in height, with rather full lxe?, blank Mir, lull Uric* wlii*keu,|ietiielly Brown oni. He bud <mi ntiei ir left, d iik njiied ?si:k ovsreosi blaek cloth east, and oil* olortd i-sMtloniis Any person j.tiuk iolorm?ii.ia tvhii-h n ill lead lo Ins recovery, will receive the above re* ml na s|plication lo A'. H ,st 2?.i I'aml atreet n> at*rc NO nor.,-11 MuraiA Diuilt, toraerl) M.iiu* lie' vet, nf bltaiuKham, land. wha emu ran'I to I |i|ier Caiudain IMI, and wnr w?. in New t ork inree |rui Will ?p|dy to Mr. Kdwnrd Lloyd, II Platl street, slia msv hear of tiiiuetmoK to her KlvHiitriui- aft*" JOHN UKOKOK TaVlOK, t>i? c?le:>r?te4 o?i?m-r. i* nave employed. Diahlil if|? '11 #fitire ,t*'?ii'ii,?Ml I lain y 0 vl| ?*? ft a WW I r II,' -T ' ? ?'it ? ' '"" '''' * .. VV ni U. no. il . u.m- ' > r ' ? nj?in ell it te er wi#? tj in t'Ui di" 1 v?r!tr-i. street, will b? tiunetnaiiv sr?ead?d t? ? "

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