Newspaper of The New York Herald, November 9, 1847, Page 1

Newspaper of The New York Herald dated November 9, 1847 Page 1
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TH Vol. JUL No. 907?Whole No. 490*. Corn! Martial of Lieut. Vol. Krcmont. Our reporter transmit* from the ofllee of the National Intrlligmcrr, one day In advance of their publication, a copy of the charge* and pectfleation* again it Lieut Col. Fremont,for which that c.flloeJwUl aeoept our thanka Chargei againit Lieutenant Colonel John C- Fremont, of the R'gintnt of Mounted Hi/temtn, United tltmtei Army. Charoe I.?Mutiht. Specification 1 ? In thU. that he, Lieutenant Colonel John C. Fremont, of the Regiment of Mounted Riflemen. i.'nitei State* Army, bviojj in command of ? battalion of volunteers. organised in California for tb? United -St a tea *?rvlo?. hurlu.' reoeived the lawful command of his ?uperi or officer. Brigadier tteneril S. W. Kearny, in the following words, to wit: " *tkhi. Ahiit or Tiir Wicst. ) Cludad de Ion Angeles, Jatuary 16. 1847. > " By direction of BrUaiier General Kearny. 1 send yon a ooity of a commualoatlon to him from the Secretary of War, dated June 10. 1*16, io whleh in the following:? ' Theie troopa. and auoh a* may be oi^anli?d in California. will be under yoar oommand " Xha Oeneral ilinotn th-i? no change will be made in the organisation of your battalion of volunteers, or offloer* appointed In U. without hia sanction or approvnl being flrat obtained. Very respectfully, WVI. H. EMORY, Lieut, and Acting Asalatant AilJ Oen. " To Lient. Col J. C. Fremont, Mounted Riflemen, Commanding Battalion California Volunteers " And hiring reoeived with thla order a copy of instruction* from the War Department to U?n. Kearny, in the following word*, to wit:? ' ff?K DrrARTMrwT, Washington. June It, 1846. ' " tin : * * * * I have nothing of importance to add to the despatches which have been already forwarded to you. " Slnoe my last letter It has been determined to send a small force round Gape Horn to California. ' The sruis, cannon, and provisions to be sent to the Taclfle will be accompanied by one company of artillery f the regular army. Arrangements are now on foot to send a reglmint of volunteers by sen. These troops and such as majr be organised In Call/nvnia ^AU Ka iiMiUf wnnr Anmrn^fid " Morw than eommon solicitude will be felt her* In regard to th? exp#ditlnn commit tn J to you, and it is desired that you should avail yourself of all ooeu om to iaform the Government of your progress and prospeots. " The President desires your opinion, an early an yon are in a situation to give it, of the practicability of your reaching California in the ooorse of thla autumn or in the early part of next winter. I need not repeat the expresMon of hla wishes that yon should take military posseesion of that country, as soon u it oan be Mfely done. " I am, with great respeot, your obedient servant, W. L MARCY, Secretary of War. "ToCol. 8. W. Kr*aitr.? ?Did reply to General Kearny and his order aforesaid in a written answer, in the following words, to wit: "Ciudab nr. i.oi AnnsLCS, Jan 17, 1847. " Sir : I have the honor to be in rqceipt of yonr favor of taat night, in whioh I am directed to suspend the eze eution of orders which, in?ny oapacity of military commandant of this territory, I had repelred from Commodore Stookton, Governor and Commander-in-chief in California. " I avail myself of an early hour this morning to make such a reply as the brief time allowed for reflection will en* tile me " I found Commodore Stockton In possession of the oountry, exercising the functions of Military Commandant and Civil Governor, as early as July of last year; and shortly thereafer I received from him the commission of VlUitarv Commandant, the duties of wblnh f Im mediately entered upon, and have continued to exeroisa to tha present moment. I found also on my arrival at tbia place, soma three or four days slnea, Commodore Stoekton still exercising tha functions of Civil and Military Governor. with tha same apparent deference to his Tank on the part of all oflloers (Including yourself) as he maintained and required whan ha assumed in July last u I learned also in conversation with you that, on tha march from San Hlega recently to this plaoe, you enterAd upon and discharged duties implying an acknowledgment on your part of supremacy to Commodore Stocktan. " I fsel myself, therefore, with great deference to your professional and personal character, constrained to s%y that, until you and Commodore Stookton adjuat between yourselves the question of rank, where I respectfully think the dlfflculty belongs, I shall have to report and reoelve orders as heretofore from the Commodore. " With conalderatkms of high regard, I am. fir, your Obedient servant, J. C. FREMONT. Lt. Col. U. 8. Army, and Military Commandant of the Territory of California. ' To Brig. Gen. 8. W. Kiasht, U. 8. Army." ?And did thereby refuse to obey th* aforesaid lawful command of his superior offloer, Gen. Kearny, or to reeeive and obey any other ordtr from him; but did dacWre himself to be tha Military Commandant of the TerrHrry of California; thereby resisting and throwing off th? authority of his superior offloer. there present,and xernisioK command by orders from the President of the United States, and placing himself In open mutiny ?gainst said superior offlcer. This at Cludad de los Angles, California, on the seventeenth day of January, Mightexn hundred and forty seven; notwithstanding he u?? "u ino inirifrniD or January, eignt?en uuDureu and forty-seTen, officially reported hU battalion to Brlgadior General Kearny, by writing in word* fallowing, to wit "Orf THC MARCH, January IS, 1640. Dfah Sir : I have the honor to report to yon my arrival at. thin place with 400 mounted riflemen and si* pleoet of artillery, Including among the latter two pleoe* lately In the possession of the Callforaians Their entire foroe under the oommand of Don Andre Pico, have thla day laid down their arma and turrendered to my command ' Very respectfully, yoor obedient serrant, J. C. FRKMONT, Lt. Col. U. 8. Army and Military Commandant, of the Territory of ('alltornlu. "Brig. Hen 8. W. Kicartt, Comra%ndla(t IT H force*.Pueblo da lo? Angelea." Spmflr"tii>n 3 ?In this that he. Lieutenant Colonel .Inbu C Fremont. ofthe regiment of Mounted Riflemen, L'nltxU States Army, being in command of a battalion of volunteers. ?rg*nl*?>d In Cal'fornia, which wore piaeed >>y the aforesaid order* of the Secretary of War of Juae eighteenth, eighteen hun.Ire i and forty-six. under .the command of B Igndier General K?arn*y,did Issue an or?'er Ir, ' aptain J. K Wilson. at Angeles, January twenty flr-, e'ehteen hundred atid torty-seren, in the following word*. tn wit. ' Aiori.n, January 23, 1847. "To f'apt. J' K. Wil?ow, Light Artillery 'Slr--You are hereby nuthorlied and directed to rain a a comuany of man to constitute the second company of artillery in the California service, and for tbat purpose are detached from your present command. You will pleas* report the number you may be able to ei.lirt with an little d<*lay an possible. You are authoriied to enlist the men for three month*, and to promise them, as compensation, twanty-flre dollars per month. Respectfully, J. C. FREMOVT, 'LUut. Col. commandsng California forces In United States Service " Thereby raising and attempting to raise troops In violation end contempt of the laefnl command aforesaid of his superior ofllcur. Brigadier General Kearny, of date January Iflth. 1847, and thereby acting openly In deflanc . of and In mntlny against the authority of his supotior officer aforesaid, by Braising and attempting to raise troops, and by proclaiming himself to be and aseuinlnir to ac. as the commander of the United States forces In California ffpftifiea'itn 3.? In this, that he, Lieut. Col. John C. Fremont, of the regiment of Monnted Riflemen, United HtnUs Army, being In command of a battalion of mounted riflemen organised In CaHforola for the Ualtad states service, which wm planed by orders aforesaid from the Scratrry of War, of June 18. 1848, under oomn>and of Brljradler General Kearny, did, at Cludad de lo? Angeles. California, on theftthday of February. 1847, <sfue an order to Lonis MeLane. a Faseed Midshipman In the United states Navy, In tho following words, to Will? " Cm-dad d* i.oi A*gkles, February 6, 1347. Sis:-I feel It my dnty, ax the representative of the United States Government, In California, to instruct you to proceed forthwith north, as far as In your dlrcretion m%v seem necessary, and extrclseyour best effort* In enlisting troops for the term of six months, compensation to be #? per month, to be employed In the service of the Ualted States and s.t such points in the Territory of California as in my Judgment they are most required You are furthermore instructed to prooeed as far as the towu ?f Yerba Buena, on the San Franolsoo Bay, and examine d'l'gently into the state of the naval or military defence of that town, and particularly to inquire Into the b?nt means of fortifying the mouth of the bay against the Ingress of all enemies; and I particularly recomm?nd to you rn cause to be forthwith commenced the erection r.l k irr or ' M?r on White Island, caloalated when completed to prevent theenterance of any ship or vessel tha*. may be forbidden to 'n so by the said United States " To enable yon? oarry li to effett the foregoing Instructions, you are hereby authr rised and required to c\ll on nil officer* under my command to ?xtend to you Hitr assistance of money, man, or r>t ? perty that In yanr jtirigmrut may be necsMary fully to accomplish the t-atne. " la wltne** whereof. I havs hereunto net my hand and affixed my teal, at the capital of fUlifbrnla, this date before written. J. C. FREMONT, Governor of <"?|;forala. ' Attest: Wm. H Ri'iiill, Secretary of Sta' . ' To M?jor Lonit MoLinc, United Htal>ea Army. California Regiment." Thereby raising and attempting to raise troops in violation and contempt of the aforesaid lawful command of hi* superior officer, Brigadier General Keany. dated January sixteenth, eighteen hnndred and fortyiwven: *nd thereby acting In dlflanceof thaauthorlty.and in mutiny analn>t hi* superior officer aforeeald. In raising and attempting to ral*e these troop*, and In proclaiming himself to be and in assuming to aot a* the Governor of Cnllfornla. Spcification 4.?In lhl?, that he, Lieutenant Colonel lobn C Fremont, of the regiment of mounted riflemen, United State* Army, being lm command of n. battalion ot mounted rifleman. organised In California, for the United H ate* service, and placed by orders aforesaid fr^m the Secretary of War, of June eighteen, eighteen hundred and forty sij. under command of Brigadier General Kearny did. at Cladad dn lo* Angelee, fallfertile, on the seventh of February, eighteen hnndred and fnrty-seven. write to Commodore Shubrlc^, commending the United State* naval force* In the PaeltU, Iv* w?H* W|ei>l?|, w1ti? 11 Ctv?*? a* l*? Awaevn. r?b?u?vy t, )MV. ? In?1 had the fc?Mv, at a lata how I art night I* E NE NEW receive your faof tbe iAth ultimo, ud, fully oolnoiding with the opinion that you egpreae, that * oo-op?rat on of our reepeotiT* oonumande, ? a precautionary mruare at leeet, I* of primary Importance, I hasten to acknowlndge it* receipt, and ilgnify to you my eiun??C dealre to aee you and oomult on the measure* calculated, In our judgments. to be tbe moat certain of making oar labor* oonduoe to tbe interest* of eur government. " Xot having bad, a* you remarked, any communication cinoe your arrival on thi* coaat, with Commodore Stockton, you *eem not t* have bren made acquainted with tbe fact that, by a commission from the Commo uoro, i iHMt uwu viwwu iu uuuiuiauu vi iuo territory u civil governor, which 1 beg leave herewith to oommuni at* to you " It Is also proper to advise you that Oen Kearny, who oomes to Callforala with instruction* from the Secretary of War, dated as early m June last? designed for a state of aflsirs whioh be by no mean* found, to wit. the oountry still unooncjuered, and whioh ofoourse being intended for very different clrmimstanoe*, cannot have application here?claim* himself to have supreme command in California ; which posltlin 1 felt it iny duty to deny him, and In language reepeoiful but decisive of my purpose communloated to him. " The subjoined reasons led me to the ooneluslon 1 adopted : The conquest of California was undertaken and completed by the Joint efforts of Commodor# Stockton and my**1 f, In obedience to what we regarded para mouut duties from us to our government. That done, tbe next neoessary step In order was the organization of a civil government, designed to maintain the oonquest by the ezeroise of mild and wholeeome civil restraints over the people,rather than by the iron rule of a military force. 'The result of our labors?whioh were precisely what were eoatrmplatasl by the instructions of (Jen. Kearny ?were promptly oommunloated te the Executive of the Union by an exfteaa, whioh ha* not yet brought back the approval or dUproval of the government General Kearny's iustruetTsns being, therefore, to the letter, fully anticipated by others, I did not feel myself at liberty to yield a position so important to the interests of my oountry. until, after a fulganderstandi ng of all the should be the pleaaare of my government that I should do so. "I trust the foregoing explanation will fully satisy you that the posflAn I take Is an inoident to the extraordinary circumstances surrounding me, and is borne out by a rigid adherence to the line of duty. "The Insurrection which broke out here in September last, and whioh it required a considerable force and a large expenditure of money to put down, has left me in rather an embarrassed condition for funds to redeem my engagements to ray men, and to eaDoel }ke necessary obligations ereated by the Quartermaster and Com mlssariat Departments of tbe eommand. If, therefore, you oaa at an early day advanee me a considerable sum of money, It will tend greatly to sobserve tbe interests of tbe oountrv and relieve an embarrassment whioh, as an officer of the government, heavily presses me. ''1 start, simultaneously with this, a courier to the United States with Important despatches, but thinking that perhaps you might wish to avail yourself of so good an opportunity or iorwaruing aespatcnes, i nave ordered him to remain on the border of the settlement* until the return of my oourler from you. The precise point where my oourier will remain recruiting his animals being at this time unknown to me, you will please lend your despatohes^by the return oourier to me, and I will forward them to the party homeward bound. "With considerations of high respect, I am, sir, your obedient servant, J. C. FREMONT, Governor of California. "To Commodore W. Branford Shubrlek, Commanding U. 8. Naval foroes in the Paoiflo Ooean, Bay of Monterey." Thereby continuing and re-asserting his resistanoe of the lawful authority ot his superior ofllottr, Brigadier General Kearny, assuming to be Governor of Wallfornia. and endeavoring to persuade the said naval oommander to support and oauatenanoe him in hU mutiny against his said superior and commanding officer. Specifii ation 6.?In this, that he, Lieutenant Colonel John C Fremont, of the regiment of mounted riflemen. United States army, being in command of a battalion of volunteer*, organised in < aliforniafor the United States service, and placed under command of Brigadier General Kearny, by aforesaid orders from the War Department, dated June IS, 1846, did, at Angeles, on the 11th of February, 1847, write to W. P. H?H, In the following words, to wit "OercaitMcriT Hoi-ie, Anosles, Feb. 11,1847. l,To Hon. willtao P. Hall. tk. luuihnn 1 ? ? ..11.. -tl?? 1 m>?. i^nuvu i u'.?u|ijr m iud cuibi reprweuw tire of the Unit??l States Government in California, render* it an imperative duty on me that 1 ihould prudently but with energy, exert all the power with wbioh 1 am clethed to retain the conquest we have made, and strengthen it by ail mean* poeaible. The executive offloe or Saliforala, wbloh, 1 understand, centre* (supreme, oiv il and military eommand in tbe territory,wai aotually assigned m?|as early ju September last, and my entering on the duties of the same was postponed only in consequent of an insurrection that broke oat In this portion of the territory, which it took some months te quell; that done, I assumed the offloe of Oevernor, hal been previously arranged. " I learn with surprise and mortiflcatlon that Uen. Kearny, In obeilenoe to what I eannot but regard as obsolete Instruotlons from the Secretary of War. means to question my rigbt, and, viewing my position and elaim clear and indisputable, I eannot, without considering myself d?- allot to my trust, and unworthy tbe station of an Amsrloan officer, yield, or to permit myself to be inlerferi d with by any other, until directed to do so by the proper authorities at borne, predicated on full and ample uespatcbes tbat 1 forwarded to Washington as early as August of Ust year. *' I require tbe ec-oreratlon, with a view to the important ohirci ol preserving the pesce and tranquillity of California, of every American citlsen and soldier In the territory, and must expressly inhibit from all quarters all arguments and Intimations that may tend to weaken my authority, by inducing the belief tbat my present position Is au aot of usurpation, unjust, and will not be sanctioned by my government. " Intimations, not perhaps susceptible of positive proof, have reached me that you were using your talents sou uigu cnaracter M a mtotwr or the Amerioan Congress, in your intercourse with the citiiensof this place and the troop* under my immediate command, to rale* doubts, if not questioning altogether, the legitimacy or Talidity of my tenure of offio*. " 1 feel myself constrained, therefore, in obedience to the behest* and high interests of my government, as well as the respect I cherish for the position you occupy, to inquire of you in frankness whether the intimations alluded to have any foundation in fact or truth. " Cherishing a oonfldent belief that you must, on reflection, concur with me in thinking that at this juncture any move calculated to weaken me, or embarrass, ruuftt be inexpedient and improper, i trust a frank negative answer irom you will dissipate my doubts, and admonish me that the inquiry I have made was altogether unnttosssary. ' With considerations of high respect. I am your obedient servant, I J. C. FREMONT, ' Governor of California " ?Thereby avowing and justify iDg-his resistance and mutiny sg&inst his inpertor officer. Brigadier Oen Kearny, and endeavoring to persuade aad Inoite the said Hall, a person of influence in California, to aid and abet him therain, and to prevent said Hall from supporting the Uwful authority of Brigadier Gen. Kearny. Sptcificatitn 6 ?In this, that he, Lieut. Col. John C. Frrinont, of the regiment of Mounted Riflemen, U 8 Army, did, at Cludad d* los Angeles, on the seoond of March, eighteen hundred and forty-seven. In contempt cf the lawful authority of his superior officer. Brigadier uenerai Kearny, aseumn to be and to aot u Governor of California, In executing a deed or instrument of writing in the following word*, to wit:? Id consideration of Kranola Temple having conveyed to the United State* of North America a oertain Uland. commwnly called White or Bird Inland, litnated near the mouth of Ran Francisco Bay I, J. C. Fremont, (Governor of California, and In virtu* of my office a* aforesaid, hereby abllge and bind myself, aa tha legal representative of the United States, and my suco?ssors In ofllee, to pay the said Franc in Temple, hie heiis, or assigns, the am of five thousand dollar*, (ft 000) to l>e paid at aa early a day ai possible after the receipt of fund* from the United States. ' In witness whereof, I have hereunto get mj hand, am' hare sawed the real of the Territory of California to be affixed, at the Clndad da los Angeli m, the capital of California, the 3d day of March, A D 1447 "J C. FREMONT, " Governor cf ( alifornla. "Attest?W.m. H. Rvisill, Secretary of State." Specification 7.?In this, that he, Llent. Col. John C Fremont, cf the regiment of Mounted Riflemen, U.S. array, being in command of n battalion of volunteer* organised In ( alifornla for the United States service, which by aforesaid orders from the War Department, dated June eighteenth, elghtenn hundred and forty s<s. were plae-d under oominand of Brigadier General Kearny, and having been officially Informed by W. Branford Shubrick, as < ommander in-nlilef of ths naval fnroes In the Pacific, In a letter dated U. B. chip Independence, Monterey, February twenty-three, eighteen hundred and fnurty-ievsn, In the following worls, to wit (Jeneral Re?rny, I am Instructed, la the commanding military officer In Csllfornia, and Invented by the President with the administrative functions of government over the people and Territoryand having received, on the eleventh of March, eighteen hundred and forty-seven, from Oeneral Kearny, by ths hands of Captain H. S Tamer, U 9 Ariny, a clrculi r proclamation. In the following words, to wit: "CIRCULAR. " To all whom it m?y concern : Be it known, that the President of the United states, desirous to give and secure to the people of California, a share of the good govi rnment and happy civil organisation enjoyed by the people of the United States, and to protect them at the same time fron the attacks of foreign foes and from internal commotions, baa invested the underaigned with separate and distinct powers, civil and military, a cordial pn-operation in io< eiprrmn 01 wnicn, u 1* nopwi ana believed. will have the happy ramilt* !< *ired ' To the commander In-chief of th? naval force*, the Ttrfldant hu aligned tha regulation of the import tra e, tha oondltlon* on which Te*?el* of all nations, our<wnaa wall a* foreign, may ba admitted into tha porta o the territory ; and the establishment of all port regulatl' ni. "To thu commanding military offlccr, the Treaident haa awrigned the direction of the operation* on land, and haa Invented him with administrative function* of government ovar the people and territory oceupiad by tha force* of tha United State*. " Dona at Monterey, capital of California, thU flrit day of March, A. I) l?47 ' W. B A.NFOW) 8HUBI11CK, Ommander-ln ahlef of tha Naval Korea*" w, KKARNV, "frig. On V. 8. Army m? Oorar??? of CiUfoai* 1 AM hfeTtig ittti mm tta*i n tk? alrramU Uf tf W V O YORK, TUESDAY MOR Mitch, eighteen hundred and forty-*?ven, received from Brigadier Oeneral Kearny, by the hand* of Captain H. 8 Turner, the following order, in to not. to wit: "ORDER*, ( HiAOkUNaTcai, 10TH MIL. DarARTMiNT, No. i. s Monterey, March 1, 1847. 'U. With view to regular payment, it 1* neoetnary that the battalion of California volunteer*, now under the oommand of Lieut. Col. Fremont, of the army, and stationed at Cludad de loe Angeles If not originally muitered under the law of May 18th, and the Huppleraental law of J una 18th, 1840, rhould now ba mustered into serrioa under those law* This muster will be made at ontfa by Lieut. Col. Fremont Should any men of that battalion ba unwilling to continue In service under the above named law*, they will be oonducted by Lieut Col Kremont to Yerba Buena, via Monterey, and ba there discharged "III. Lieut Col. P. St. (i Cooke, now in the oommand of the Mormon battalion. I* entrusted with the nu^ntniuu VI tuv ovublinru .HIllMrj LMIIinCt. lUr IUB protection end define* of which he will make the necessary provision. pontine his eointnand (to consist of company C, Orat dragoons, the Morman battalion, and the California volunteer*) at iuoh plaoei an be may deem mort eligible. 'iiy order of Brig. Oen. S. VV. Kearny, H 8. TURNER, Captain A. A. A. General " ? Did, at Cludad de lot Angeles. on the fifteenth day of March, eighteen hundred and forty-??r o. issue order* to Captain Hiuhard Owen*, In the wi /da following, to wit "CirDiDBK Los Aluifi, V iroh 1ft, 1R47 " Sir : In tke performance of a portli I of my official duties, it b?t:<>mes neneesary that I sho Id visit, in person. the Northern distrlot of the terrlto f, where I nhall probably be detained tome til teen or t" nty day*, and the better to possess you of my view* in ay absence,and to render your authority in the meant! ? undoulted, I have considered it proper to issue tb i following orders : ? ' 1st. You will sontinii* with the ent w battalion at San Gabriel, observing order, vigllanoe, ind exercising aa much discipline as in your discretion jan be prudent ly enforced. '3d. You will make no move whatevi .'from Ban Gabriel In my absence, unless to repel an etual invasion, or obey the order of any officer that do not emanate from me ' S. You will take the best possible 01 -e of the public arms and munitions belonging to the command, and turn them over In nnnAmi wiihmt* ?*? .!.?? " 4th. The general polios of the garrison. and strict regard to tho public interest will, ot oourse, aa commandant ad interim, constantly engage your beat efforts. " Very respeotlully, " Vour obedient servant, " J. C FREMONT. " Lieut. Col. U. S. Army, and Commander of ''California Battalion. " To Captain Klchard Owens, Aotlng Commandant of California Battalion." ?Thereby hlmselt* resisting the authority and dlsobeying the order < of Brigadier <J?u. Kearny, "as conveyed to him in the aforesaid Order No. 3 of the 10th Military Department, by continuing In service the entire California battalion contrary to said orders ; and by ordering the battalion to remain at San Gabriel, oontrary to the said orders from Brigadier Gen. Kearny to inarch them to Yerba Boena Thereby further Inciting and ordering said Capt Owens, with the force of this battalion whloh he had placed under said Owen's cammand, to disobey the order and resist the authority of any offloer but himself, and speoially ordering him not to surrender the arms and munitions of the battalion. In obedience to which order from Lieut. Col J. C Fremont, said Owens did, at Ciudad de los Angeles, on the 34th of March, 1847, refuse to submit to the authority of Lieut. Col. P. St. O. Cooke, appointed in the aforesaid department orders by Brigadier Sen. Kearny to command the distrlot in which his battalion was stationed; did refuse to surrender to said Lieut. Col Cooke, or permit said f u?f ?? !... "? -?*? * * vuv?v kv mau pvMCNiun ui two jqowiiz*re Drougut by the 1st dragoon* from Fort Leavenworth and then at tUn Gabriel; which said mutiny and resistance of lawful authority by said Capt. Oweus was by the incitement and positive orders as aforesaid of Lleat. Col. J. C. Fremont; notwithstanding be, Lieut. Col. J. C. Fremont, h*d officially Informed Capt Turner, at Pueblo de los Angeles, on the 12th of March, 1647, that he would obey end execute the s&id orders of Brigadier Oen. Kearny, to wit: 10th Military Department Order No. 3, dated Maroh 1, 1847. Specification 8 ?In this, that he, Lieut. Col. JohnC. Fremont, of the regiment of mounted riflemen, United States army, being in oommand of a battalion of volunteers organised in California for the United States service, having, on the Uth day of Maroh, 1847, received the lawful order of bis superior offloer, Brigadier tiene[ ral Kearny, to wit, the aforesaid Orders No. 1, dated Headquarters, 10th Military Department. Monterey, March 1, 1847, whereby be was ordered to marob such part of said battalion as refused to be mastered into service to Yerba Buena, there to be discharged, did refuse | to obey said order, and did make known bis refusal to Lieut. Col. Cooke, commanding tbe district in whtofe bis battalion was serving, by a written communication, in terms, to wit:? "Ciudjd nie i.o? aniiklti, Marob Iti, 1847. "Sir?1 am directed, by Uov. Fremont to acknowledge a few momenta sinoe tbe reeeipt of your communication of the 14th Inst., and in reply to say, that the volunteers constituting tbe California battalion, decline, without an ladlvidual exception, to be mustered into the I'nlted a'ttH-a servic*, conformable to Order No 'i of the 10th Military Department referred to by yr>?. " The Governor oonsiders It unsate at this time, wh?n rumtr is rife, with a threatened insurrection, to dlscburge the battalion, and will decline doing bo, and, whilst they remain In service, he regards bis force quite suflloient for the protection of tha artillery and ordnance stores of the Mission at San Gabriel. "1 am, with considerations of retpeot, your obedient errant, WM. 11. RUSSELL, Secretary of State. "To P. St. Ceosuc Cookc, Lieut. Col. Comdg. Mission San Louis Iteg." ?Therein still assuming to be and act as Governor of California, retaining in serric* an armed force contrary to thrt nrrl?r nf hli anmtrinp nfflAur t l?n and refuting to maroh them according to hi* order*. Sptcifiration !>.?In thin, that be, l.teuteuant Colonel John C. Fremont, of the Regiment of Moanted Riflemen, Uuited State* Army, being In command of a battslion of volunteer* organised in California for the United State* service, and under the lawful eommand of Brigadier General Kearny; and, having received, on the llth of March. 1847. at Cludad, de loe Angele*. an Net out In the seventh speoiflnatlen to thin oharg*, due and offlolal notification from Brigadier General Vearny and Commodoro Shubrick that the President of the United State* had Invented General Kearny with the military command in California, and with the administrative fund Ion* of government over the people and territory occupied by the foroe* of the United State*, did, neverthelen*. at Ciudad de l?e Angeles, on the 21*t day of March, 1847, isaue the following or ler to the Collector of the Port of San 1'edro, in term*, to wit: "Cutnao dk lo? Anoblki, Mareh 'J1,1B47. ''Sir: You are hereby ordered and permitted, in the case of F. Huttman. toreoeivo Government payment in payment of hi* cu?to n-hou?? due* Very respectfully, J. C. KRKMONT. Governor of California By WM. H. RUSSELL, Secretary of State "To David W Alkianokb, Colleotor of the Port of San Pedro " ?Thereby assuming to be and to act at Governor of California, in contempt of the authority and In usurpation of the power of hi* superior officer ; whereby the Colleotor aforesaid did receive in payment of custom*, the certificates of the HtafT officers of his battalion of California volunteer*, to the amount of seventeen hundred and thirty-one dollars forty-one and a half cents, which paper was purohased by the bolder, from whom tine colleotor cert. Specification 10.? In thli, that he, Lieutenant Col. John C. F remont, of tha r?glmant of mounted rifleman, United States arm jr. afl?r ho had been duly Informed by hl? superior rfllcer, Brigadier Oeneral Kearny, that be, Oeneral Kearny, had been invented by the President of the United State* with the nommand of the troop* In California, by exhibiting to him. Lieutenant Colonel Fremont, on the 18th day of January, 1847, at Cludad d? loi Angeles, the aforesaid orders from the War Da)>&rtment, dated June 18. 1840. did, notwithstanding, disregard and set aside the lawful authority of said ?nr* rlor nffleer, and did himself murp and ?x?rolse th? funotlon* of aaid superior oflloer in tha following official ?'-ts and matter*, to wit:? First In ordering a general Court Martial at Cludad da Io? Angi Irs. nn tha 'J4th of January. 1S47, by his own authority, and in tha order proclaiming himself to be and assuming to aot a* " tha Military Commander hi Chief of California.'' Second In publishing a general order at Cludad da loa Angeles on theS'ith of January. 1817, In which he, Ll*nt Col Fremont, Is ityled " the Military Commander io Chief of California." Third In approving nt Cludad d? loa Angeles, on the 27th of Junuary, 18-17 the proceedings of a general court martial, nailed a* aforesaid by hi* order or January 34, 1" IT, by which rrlvate Oeorge Smith. of the California volunteers. w?? aentenoed to twenty two montha at hard labor, and Lieut Roch sentenced' to be naahlered; and in;declarlng himself to be,and to assuming to act In hi* general rrler afore laid approving laid proceeding*, " the Governor of California" Fourth In accepting, by a general orler published at Angeles, on the 13th or February. 1*47, the resignations of the following comml*?loned officer* of the < nllfnrnla battalion of volunteer*, to wit ?Captain II L. Kord, Captain Samuel (jibeon, Captain Wm. Klndlay. Lieut* W. Baldrldge, Hhenaaw, W lllaokburn, J. Hnott, J R. liarton, and J M Hudspeth, In contempt and violation of the aforeeald order, dated Irtth of Januiry, 1847. which he bad received from Brigadier General Kearny, at Cludad dr lot Angeles, on thu Kith day of January, ld47. Specification II.?In thin, that he, Lieut Col. John C. Fremont, of the regiment of Mounted Riflemen. United State* army, did fall to obey the order of brigadier dsn Kearnv, to repair to Monterey, aa communicated to him verbally by Brig Gen. Kearny on tbeaAth day of March, 1*47, and repeated to him In writing on the 38th of March, 1047, in the word* following, to wit '' Htan^raarrai, 10rw Milita?y Dr.r**t>ir*t, r Monterey, California. March !IS. IH47. $ " Ri*,?Thi* will be handed to yon by Cel. Mason. l*t dragoon* who goea to the eoathern dlatrlet, clothed by me with foil authority to give iraoh ordw* and instruction* In that eeotion of country a* he may deem proper and neoeaaary Any Infractions he may give to you will be oon*id*red aa coming from my eel f I deem it proper to auggeat to yon that, ahould there be at the Pueblo any unsettled accounte or demand* ' ev?rntn?*t Inewrrad by your order* or up I RK H NING, NOVEMBER 9, 18' need from here to Washington elty ; and (hould there be anv of the party which aorompaolrd you from Missouri till with you, and under psy from the Topographical Department.

you will cause t^ern to oome to this place, that they may be returned home, and discharged, and be of no further expense to the United States. unleu they prefer being discharged at onoe in this oountry " In twelve days after you have embarked th? volunteers at Han Pedro, 1 desire to see you In this place. " Very respectfully, your obedient servant. 9 W. KEARNY. Brig. (Jen. and Governor of California. "Lieut Col J. (, Kremrat. Regiment of Mounted Riflemen. (oiumnDdicK Battllon California Volunteer* " ?But did remain at Cludad de lo* Angeles until after the arrival there of Brig. #en. Kearny on the 9th of May, 1847, and till the order was then and there verbally repeated te him Charoic II.?Diso?edik?ck or thi Lawful Commiiui ok ma Sbpkmior Orric-kr. Specification 1 ?In thin, that he. I,lent Col John C Kremont, of ibe regiment of inountel riflemen. United St?te*araiy, being In "omrnand of a battalion of volunteer*. organized In California tor tha United State* **rvloe, bating received the lawful oommand of hi* superior officer, Brig. (Jen 8. W. Kearny, In the following word*, to wit:? " Hkau^?artkr? Armv of thi Writ,) Civu.o uk lo? AnitLri, Jan 1( 1847. \ "By direction of Brig. (>?n Kearny, I semi foua oopy of a oommunloatio* to him from the Secret ry of War, dated June 18, 1841 In which i* the follow! g:?''Theae troop*, and such a* oay be organized in Cal tornla, will be under your oom> <*ntl ' The general dlri it* that no change will be mao < In the organization of o*r battalion of volunteer*. < officer* appointed in t, without hi* sanation or app ival being flmt obtained. " Very respactfi It, "WM H. t IORV. " Lieot it J Aattng Assistant Adji Ueneral. "Ta Lieut Col J C Fremont, ' Mounted riff ?en, commanding ' Battalion >t California Volunteers And having reeei ?d with thi* order a enpj of instructions from the Wai Department to (Jen. Kei ny, in the following words, to fit: ? " War Dkfa* . mknt. Wa?hii?<itoi?, Jun .18, 1840. "Sir:? ? I have nothing of In lortance to add to the despatch* which have been alrea. ty forwarded to you. *' Since my last, 1* ha* been determined to #?nd a small force round Cape Horn to California. "The arms, cannen, and provisions to be sent to the Pacific, will be aoooRipanled by one company of artillery of the regular army Arrangement* are now on foot to end a regiment of volunteers by sea 4 These troop*, and aueh a* may be organised in California, will be under your command. ' More than common solicitude will be felt here in re gara in m? expedition committed to you, and it li desired that you should avail yourself of all occasions to inform tbe government of your progreaa and prospects The President desires your opinion, an early an you are in a nituation to give It, of the practicability ol your reaching California in the courite of this autumn or in tbe early part of next winter I need not repeat the expremion of hid wlsht* that you Hhould take military poMeuion of that country an noon a* it oan be safely done. ' I am, with (peat rcapect.your obedient xervant, W L. MARdY, Secretary of War. ''To Col. 8 W. Krmwv.? ?Did reply to Oen Kearny, and his order a written anawer, in the following worda, to wit: ? "Ciudad tie i.oa AanKi.ii, January 17, 1847. l,Sir? I have the honor to be In receipt of your favor of laat night, in which I am directed to auapend the ezeeutloB of ordera which, in my oaparity of Military Commandant of this Territory, I had received from Commodore Htockton, Governor and Commander-in-Chief in California. "1 avail myaelf of an early hour thia morning to make raob a reply aa tbe brief time allowed for reflection will enable me. "I found Commodore Stockton In poaaeaclon of the oountry, exercising the functlonaof Military Commandant and Civil Cevrrnor. aa early aa July of laat year; and ahortly thereafter I received from him the oomtnlaaion of Military Commandant the duties of whioh I immediately entered upon, and hava continued to exerolae to the present moment. "I found, alao, on my arrival at thla place, aome three or four days since. Commodore Stockton still exercising the functions of Civil and Military Governor, with the I Minn apparent deference to his rank on tb? part of all offloern (including yourself) aa ha maintained and required whan ha aisumed in July laat. "I learned also, in oonversation with you, that, on the march from Ban Dingo, recently, to thla plate, you entared upon and discharged duties, implying an acknowledgment on yonr put of aupremaoy, to Commodore Stockton. "1 feel, therefore, with great deference to your professioael and personal character, constrained to My that, imtlT you and Commodore Stockton adjust between yourselves the question of rank, where 1 respectfully think the difficulty belongs, I shall have to report and receive orders, as heretofore, from the Commodore "With considerations of high regard. I am, sir, your obedient servant. J C. KRKMONT. Lieut. Col. United Slates Army, and Military Commandant of the Territory of California. T*'To Brig. (Jen 8 W. Kki?ii,U. 8. Army " And did thereby refuse to obey the aforesaid lawful command of his superior officer, Brigadier General Kearny, and did thereby refuse to receive and obey any other order from him. This at Cludad de los Angeles, on the 17th of January, 1847, notwithstanding he had, on the i:itn or January, 1B47, officially reported bti battalion to Brigadier General Kearny, by writing, in word* following. to wit: ? "On the Mahi h, January 13,1816. ' Dnii 8in: I hav? th? honor to report to you my arrival at tbl* plaoe with four hundred mounted riflemen and k<x place* of artillery, including among the latter two piece* lately in the poi*e**ion of the Caltfornlam. ''Their entire force, under tb? command of D. Andre Ploo, hare thi* day laid down their arm*, and nurrendered to my command. "Vey respectfully, your obedient servant. "J C. FREMONT, "Lieat. Col. U. 8. Army, and Military Commandant of the Territory of California. "Brig. (Jen. 8. W.Kcunr, ''Commanding U. 8. force*. Pueblo de loa Angelea " Specification 'i ?In this, that he, Lieutenant Colonel John C. Fremont, of the regiment of mounted riflemen, U.S. army, being in oommand of a battalion of volunteer* organUfd in California, which w?rw placed by the *fore*a;.d order* of tbe Seor'ttry of War, of June 1M. 1R44, a i l?r tli? loiinio'l of Brl'i* dler Gnuer-l Kearny, did Utiue an order to (Captain J. K VVIl*on. at Angele*. January 2fl, lb47. In tbe following word*, to wit: " Amhrme*. January 2ft, 1B47. "Capt. J. K. Wn.?o*, Mjht Artillery : >. at. . Von ... v......v.- - ?i 1 ?i ._.i ,ii *.i i. raise a oompany of man. to constitute the second compuny ot artillery in the California service, and for that purpose are detached from your present command. "You will plea*- report the number you may be able to enlist with a* little delay M possible. " You are authorised to enlint the men for three month*. and to promise th*m a* compensation twenty fire dollars per month. Itespeotfully, "J C. FREMON r, Lieut col. "Commanding Californian forces In tbn U. H servire." And did thereby dlsobev the aforesaid lawful command of his superior officer, Ilrlga tier (General Kearny, dated January IS. 1847. Sptrifiratinn 3 ?In this. that he. Lieutenant Colonel John C. Fremont, of the rcgim?nt of mounted riflemen. I,' H army, being in command of a battalion of mounted riflemen, organised in California for the United State* service, which w in planed by order* aforesaid from the Secretary of War, of June 18. 1848. under command of Brigadier General Kearny, did, at Cuidad de los Anjeles California, on theMh day of February, 1447. Issue an order to Louis McLane, a Passed Midshipman In the United States Navy, In the following word*, to wit "CitioiD na i.os A*nri.i, February 4, 1847. "Sir : I feel It my duty, a* the representative of the United State* government In California, to Instruat you to proceed forthwith ncrth. aa far aa In your discretion may Deem necessary, and exercise your beat efforts in enlisting troops for the term of sis months,compensation to bo dollars |>?r month, to bit employed in the service of the United States, and at such points lathe territory of California as in my jo Jgment they are most required. You are furthermore Instructed to proceed as far as the town of Verba Ilu-na. on the San Franctaco | Bay. and eximlne dilltfentlv into th state of the uaval I or military defenra* of thnt town, and particularly to inquire Into the best mean* <>f fortifyInj the month of 'he bay agaln?( th? ingrera of all eneml-* ; and I particularly recommend to you to oauae to ba forthwith oommeoe?d the 'Taction of a fort or battery on VVhltn Inland, calculated, when completed, to prevent the entrance of any flhlnor reesel that may be forbidden to do fO by Mid United State* "To enable yon to oarry into effect the foregoing In traction*, you are hereby authorli'd and required to call on all officer* under my command to extended to you any awiAtance of money, men, or property that in your judgment may be n?c??*ary fully to aooorapllih the *amn "In wltnrMi whereof, | hare hereunto ??t my bnnd and a nixed my Real, at the capital of California, thla data before written. J. C KRRMONT, "Atteat HoTfrr.or of California, "ffii. H. Rt'?*Ki l, Secretary of Htata 'To Major Lorn McLtm, U. 8 Army. California Regiment ? And did thereby dtooboy the aforeeald,lawful command of hi* *np?r1or officer, Brigadier Oeneral Kearny, dated January 1(1, 1H47. Sn/nfi, u/.nn 4 ?In thM th?t h. I f?l? -I ! John C. Fremont, of thp regiment of Mounted Illflemen U. H Army, being in command of a battalion or roluntoon nrganiied in California for the United State* MrTier, which bv aforeeald order* from the War Department, dated Jane IR, 184(1, were placed under the com innnd of Brig?dl?r General Kearny, and having been officially Informed by W. Branford ftbubrlck. a* coinmitnder-ln-oblef of the naval force* In the Paeittc, in a letter dated U 8. dblp Independence, Monterey, February 'J3, 1847, in the following word*, to wit ' General Kearny, I am inntruoted. in the commanding military officer In California, and invented by the Treiident with the adminletratlre function* of go?ernm?nt o?er the people and territory and having reoelred, on the llth March, IH47, from Wen. Kearny, by t hand* of' aptaln H 8 Turner, U. 8 Army, a circular proclamation in tBe following word*, to wit: " rmroi.i* . . .. " T* all whom it may conrern He It known that the f'reeident of the United 8tat*e deiHrou* to give to the people of California a chare of the g"?<4 and happy ?i?il , ormnilattnn enjoyed by the people of the United trte* [ERA 17. <] tb? undersigned with xiptrtU and diatlnot pewer*. oivll and military, a cordial co-operation in tha eierolse of which, it in hoped and btlievvd. will hafa tba happy results desired " To thn oommandar-tn-ohiaf of the naval foroaa tha President baa assigned the regulation of tba import trade, the condition* on which vessels of all nations, oar own as w?U aa foreign, may be admitted into tha porta of the Territory, and the aftabllihment of all port ragulatlona. ," To tba 'oommandlng military officer tha Praaident baa asslgcad the direction of thn operations on land, and has Invested him with administratis functions of gorernment over the people and territory occupied by tba forces of the United States " Done at Monterey, oapltal of California, this 1st day of March, A. 0., 1H47. W BRANFORI) 8HUBRICK, u Commander-ln chief of the Naval foroaa. 8. W. KEARNY, u Brig. Gen. U. 8 A and Governor of California." And bavinic at the sama tluix. on th? 11 th ?i?? ?r m.?v, I 1847. received from Brit(?Ui?r General Kearny, by the hands of Csptaln II. S. Turner. the fallowing order, In .terms. to wit:? ? 'Ohdkrs/ HKxDitCARTEKi TENTH MILITABT DKPT., No. I i Monterey, March I, l?47. ''I. With a view to regular payment, it is neoessary that the battalion of ^California volunteers now undar the oommand of Lieutenant Colon*! Fremont, of the Army, and atationed at the Cui4ad de loa Angeles. If not originally muttered under the law of May IS, and the upplemental law of Juqe II. ls-itt, should be now mustered Into servloe under those law*. This muster will be made at onoe by Lieut Col Kremont. Should any men ot the bat'allon be unwilling to oontinue in service under the above named laws, they will be conduated by Lieut. Col Kremont to Yerba Huena, via Monterey, and be there discharged ' 111 Ltent. Col. P. At. O. Cooke, now in oommand of the Mormon battalion. Is entrusted with the supervision of the southern military district, for the protection and defence of whloh he will make the neoeesary provision, posting his oommand (to consist of oompasy C, 1st dragoons, the Mormon battalion, and the California volunteers) at such places as he may deem most eligible. " By order of Brig Oen. 8 W Kearnv. H. S. TURNER. "CatpslnA A. A. Oeneral." ?DldAt Clndad de losAngelea, on the 16th day of March. 1847, issue orders to Captain Richard Owens, in the words following, to wit " Ciudad le los AnriEi.ES, 16th March, 1947. 4 Sia In the performance of a portion of my offloial duties, It becomes necessary that I should visit In person the northern dlstrlot of the territory, where I shall probably be detained some fifteen or twenty days; and tha butter to nnsaeu inn of w<?? -w-?? 1 . J ?J -J ?uu w render jour authority in the meantime undoubted, I have considered it proper to iMue the following orders: ? i1st. You will oontinue. with the entire battalion, at San Gabriel, observing order, vigilance, and exercising as much discipline as in your discretion o&n be prudently enforced. " 'i<l. You will make no move whatever from San Gabriel in my absence, unless to repel an aotual invasion, or obey the order of any oflloer that does not emanate from me. " 3d You will take the best possible care of the public arms and munitions belonging to the oommand, and turn them over to no corps without my speoial order. " 4th. The general police of the garrison, and strict regard to the public interest, will, of course, as Commandant ad in(rrtsi,oonitu>tly engage your best efforts. " Very respeotfully, your obedient servant, " J. C. FREMONT, Lieut. Col. U S. Army, and Commandant of California Battalion." " To Capt. RicHAftn Owm, Acting Commandant California Battalion " ?And did thereby disobey the lawful oommand of his superior officer, Brigadier (Jen. Kearny, as conveyed to him in the aforesaid Order No. '2. of the 10th military department, by oontinuing in service the whole California battalioa , contrary to said orders, and by orderlug the battalion to remain at San Gabriel, contrary to said orders from Brigadier General Kearny to march them to Yerlia Buena. notwithstanding he, Lieutenant Col. John C. Fremont, had offlolally informed Capt. Turner, at Pueblo (la los Angeles, on the twelfth of Maroh, eighteen hundred and forty-seven, that ha would obey and execute the said orders of Brigadier General Kearny, to wit: Order No 1 of the 10th military department, dated Maroh one, eighteen hundred and forty-seven. Sptcificalitn 6. ?In this, that ha. Lieutenant Colonel John C. Fremont, of tha regiment of Mounted Riflemen, U. 8. army, being in command of a battalion of volunteers organised in California for the United States service, having, on the eleventh day of March, eighteen hundred and forty-reven. received the lawful order of his superior officer, Brigadier General Kearny, to wit. the aforesaid Order No D, dated Headquarters 10th Military Department, Monterey, March flrot. eighteen hundred and fortv-eeven. wh?r?hw h? n part of uld battalion n? rafusad to he mustered lata Mrrice to Verba Buena. there to be discharged, did refuse to obey said order, and did make kuown bis refusal to Lieutenant Colonel Cooke, commanding the district Id which bii batalion was serving. by a written oommuni cation in term*, to wit "Ciuoad nc i.oi ako^lks, > "lrttb.March.lS47. j> "Sin:?I am instructed bjr <?ot Fremont te acknowledge a few moments since the receipt of your communication of tbe 14th Instant, and to aay, la reply, that tbe volunteers constituting the California battalion decline, without an lndivldul exception, to be mustered Into the United States service conformable to Order No. of tbe 10th Military Department referred to by vou. " The Governor considers It unsafe at this tlma, when rumor is rife with a threatened Insurreotlon, to discharge the battalion, and will decline doing so; and, whilst they remain in service, be regards his force quite sufflclqpt for the protection of the artillery and ordnance stores at the mission of Han Gsbriel. 411 am, with considerations of respeot. your obedient servant, WM. II. RU8SKLL, Secretary of State " To T. St. Gko. Coons, Lieut. Col. Com'g Mission San Louis Reg " Specification 6.?In this, that be, Llent. Col John C. Fremont, of tbe regiment of Mounted Klflemen, U. 8 Army, after he bad been duly Informed by bis superior offioer, Brigadier Genera! Kearny, that be, Brigadier General Kearny, had been invested by the Tresldent of the United States with the command of tbe troops In California, bj exhibiting to him. l.ieut Colonel John C. Kremont, on tbe sixteenth of January, eighteen hundred and forty-seven, at Ciudad de los Angeles, the aforesaid orders from the War Department, dated June eighteen, eighteen hundred and forty six; and after he had duly received, on the sixteenth of January, eighteen hundred and ferty seven, the aforesaid lawftil command of his superior officer, Brigadier General Kearny, on that day. to make no changes in tbe organization of his battalion or officers appointed In It. except with the approval of said Brigadier General Kearny, did, notwithstanding, disobey said lawful command of his superior officer, by accepting, In a general order published at Angeles, on the thirteenth of February, eighteen hundred and fortyseven, the resignations of tbe following oommlssloneu officers of tbe California battalion of volunteers, to wit ( itptalns II. L. Ford. Samuel Gibson, Wm Findlay, ami Lieutenants W. Baldrldge, Kbenshaw, W. Blackburn, J Scott; J. II Barton, and J. M. Hudspeth fprcjir.niion 7.? in trim, tnat |ne, Lieutenant i.olon<>i John C. Fremont, cf the regiment of Mounted Riflemen, U. K. Army, dl<l fall to obey the order of Brigadier (General Kearny, to repair to Monterey, an communlcat *d to him rer bally by Haid Brigadier General Kearny, on the twenty-sixth of March, eighteen hundred and forty-aeren. and repeated to him In writing on the twenty-eighth of March, eighteen hundred an>l fortyseven. in word* following, to wit: " Hriiii^riathi, 10th Mii.'hv Drr'r, " Monterey. California. March 28. 1947. " Siii 'Thin will be handod to you by Col. Mason, lit Dragoons. who goea to the southern district clothed by me with full authority to give anoh order* and inatruc tiona upon all matter*, both civil and military, la that HKRtlen of country, a* he may deem proper and nrrw ary Any Instruction! he nay give to you will be eon- < tldrred ai coming from myself " I deem it proper to suggest to you that should there b" at tho I'ueblo any unsettled accounts or demand* I against the government, incurred by your order* or ap- | proral, which you may not.have already authenticated aud completed for the action of the ' disbursing r.ffl cera," that you at onoe do K>, aa It may be tieoeejury for vou to proceed from here to Washington city, and should there bn my of tint party which aocom'panied you from Mlaaouri ntlll with you, and under pay from the Topographical Department, you will rau*e (hem to ! come to thia plane, that they may be returned home j and discharged, and bn of do further eipenie to th? 1 United Statu, uule?H they prefer being dircbarged at ooee In thll cnu "try ' It twelve day* alter you have embarked the volunteer* at Mm Pedro, I deelre to fee you in ihl* place. " Very reepectfully, your obedient rvant. ' ? \V KKAHNV, ''Brig Oeneral and (Jovernor of California. j "Lieut. J. C. Frkmojt, Reg't of Mounted Riflemen, Commanding Battalion < allfirnla Volunteer* I ludad da loa Angel** " But did remain at the < iudad de lo* Angele* until after the arrival there of llrlg <>?n Kearny, on the !Uh of M?y, IH47. and till the ord. r we* then and there verbal- | ly repeated to him. chaank 3.?Conorer to thic ParJCDic* or Wood Or. nr.a ai?d Mii.iraar Di?ci*i.i*b Bretifieatinn 1 ?In thli, that he, Lieut. ( ol. John C. Fremont, of the regiment of Mounted Riflemen, United Htate* Army, being In command of a battalion of mounted riflemen or?anlz*d in < allfornla for the I nited Htate* nervice, and plaoed, by order* afore*aid, from the Secrei*ry of War of June is IH41, under oommand of Brig (??n Kearney did. at Cludad de lo* Angelei, California, on the 7 th of February, 184J, wrlie to ? omuiodore Shubrlck, comnrinding the United Htate* naval force* In the Paclflo, a letter In word* ae hereinbefore reoltel In the 4th*peclflcation to the lit charge, thereby officially informing *aid naval commander that he had refu*ed to acknowledge the lawful authority of hi* mjperior nflloer. Brig Oen. Kearny, and endeavoring to persuade raid naval conmander to*upportandcounteoaueeblm therein. Thl* to the prejudice of good order and military 1 discipline Sptri/icatiim 2.?In thlf, that he. Lieut. < ol John! . Kremoot.of the regiment of Mounted Riflemen, United 1 Htate* Army, being in command of a battalion of vnluateer* organized in California for the I nlted 8Ut?? aer- i viae, and placed under comment of Brig Oen Kearny, j by afor???ld order* from the War Department, dated June 19. Ifl-Ml, did. at Angelea. on the 11th of February 1847, write to W P 11 all, In word1" a* hereinbefore rtciUd In the ,">th *piclflnat|nn to the flr?t charge, thereby avowing hie rerletanne ef the authority of hie *afx<rtnr oflle*r. ' Brt? lift) Kti?rny, ftpd -n'f???nrlnn to pr?T<>nt. ll*il fmm mpiwrtlnit tlhcrf'y nf Hrl* O i, Hwiy, l a? to Ik* pr*v?! ??? ef ? ?<! ortm miIi? i _s*a J.MIJ1? ' LD. I i ' i PrtN Two Iwrti. Sfrifi-mlinn -in thta. tb?t ha, LUut. Col. Joha C. J" ?'ino*}< of th? rrgtmant of Mountod United Arrny did. at Ctudad da loa Anreiee, on th? 44 mt March. 1#47. In ooBUmot o! th? u?fMi .n?k^u. wu ?up?rtor offleer Brig <l.n Rearty,~i*ume to b7and to act a* Governor of pallfornla, In aieeutlng a deed or instrument of writing in word* u hereinbefore mlUd In the tfth * pec Ideation to tba flrnt charge. thereby asturning and esarolsiug th? function* u( tutborlt? of bis auperlor oflloar. Brig Uan Kearny to the Dreiudloe of good order and military diaolpllne Specification 4 ? la tbta. that ba. Lieut Col John C. Kramont. of the Regiment of Mounted Rifleman. United Htate* Armt. being in command of a battalion of roiaatear* organl*-d In California for tba Lot tad State* earrioe. which, bj aforesaid order* from the War Department. dated June 18, 1840. were placed under eommaad of Brig, lion Kearny, and having baenoOoiallT Informed by W Branford Shubrick, aa com mand*r-In-chief of the naval force* in the Paciflo. in a Utter d*ted 17 S ahia Independence, .Monterey. February 33, 1947. In the following worda. t? wit : "(ten. Kearny. I aa initrusted, ' la tba commanding military offlosr in California, and la' vested by the President with the administrates fono' tiona of government over the people and territory " And baring reoeiyed on the lltn of Manh, 1847, flro*B lien Kearny, by the handa of Capt. H 8. Turner, United State* Army, a circular proclamation In word* as herein before recited In the 7th prclflcation to the lit charge, did. notwithstanding. at Ciudad da 1m Angelas, on the lith of March. 1847, iaaue written order* to Cap*. Richard Owen*, of the California battalion, la word* aa hereinbefore raclted in the 7th apeelftoatloB to the lag charge, thereby ordering said Owen* not to obey U* order* of any offloer but nliusalf. Thla to the prejudice of good order and military dlesspllne Specification A. ?In thf*, that he, Lient Col John C. Cremont, of the regiment of Mounted Riflamea, United Statu Army, after he had keen dnly Informed by his luperior offloer, Brig. (Yen Kearny, that ha, Oaa. nearny. nau t>e?<n lnveated by the Prealdent of the United State*. with th? command of the troop* In California, by ?zhibltin? to him. Lieut Col Fremont, on the 1th of lannary, 1347. at Cludad d? lo* Angeles, the kforeMld order* from the War Department, dated June IS. 1M6, did. notwithstanding, disregard tbe lawful authority of aid superior officer. and did hlmaelf uiura and exeroiaa the function* of said superior officer In the several offlclal act* and matters, to wit, as hereinbefore reoited In the loth specification to the lit charga, that la to aay, In ordering a general court martial at Cludad da loa Angeles on tha '24th of January, IM7, and approving at Cludad de lot Angeles. on the 57th of January, 1M7. the proceedings of the oourt ; and in accepting at Angela*, on tha 13th of February, 1847. the resignations of oflaera In tha California battalion , ail this being in usurpation of the functions and authority of his superior officer, Brig. (Jen. Kearny, and to the prejndio* of good order and military discipline. Hoi I CO Intelligence* Charge of Embtzxltmen/.?Offioer Stephens, on* of the vigilant attachn at the lower polio*. arrested ys*terdsy a young man by the name or Robert Munson,on a charge of vinbesilitig between $600 and (600 from hi* employer*, Messrs. Draper & Devlin, fruit dealers. No. (?? will street. It appear* that the aoonaad was a eWrk in the employ of th? ooiopUlnants. and la sbargwd wtth having abstracted the above sura from tha oomoorn, at various time*, and appropriating the *ama to bla owa use. J udtlce Osborne detained him for ft farther haartng on Wednesday next. Charer of kahbinf a FritnJ ?Captain MoGrath and officer MoManus, of the Sth ward, arrested yesterday ft man called John Cadwallader ILvans, on ft ahftrg* of entering the office of Dr. Harvey Burdall, dsntiat. No. 361 Broadway, oorner of Franklin street, on fridsy night last, breaking open a desk in tha doctor's otto*, and *teallng therefrom $100 In bank bills. It ftppaftH that Evans and the doctor were intimate friends, tha latter plaolng implicit confldenoe In Evans, allowing him night key of the house, and a full run of the office.? Th* money, it seems, was stolen from ft ssorat drawer la the dr*k, the whereabout* of whiah was known by L ?.?w.. wi.. iv. ?v?_ f >uud on hTs pwrKOB a wallet containing f 10 la bill*, and a pocket knife, tb? blade somewhat damaged, and upon comparing it with the brokaa drawer, the knifi fitted the fn dentations thus Made exactly. It una also ascertained that Evana, elnoa the robbery, has paid oat soms *60. which Is supposed to be a portion af the stolen money, from the fact of his being rery short of funds previous to this robbery Upon these faeta being net forth in the affidavit of the doctor and Captain MeUrath. Justice Osborne looked the accused up for a farther examination Diiordtrly Ilouir.?Officer Uaokman, of the Sixth ward, arrested yesterday a Dutchman called Martin Wolvenger, on a charge of keeping a disorderly house at No. Mulberry straet, the common resort of man and women of the low?st grade of prostitution. Justice Osborne held him to ball la >M0 to answer the charge at oourt for trial. Huiflnty Offloer Whlttharf, of the Third district police, amitU-d. yestrrday, a man called John Brenan, on a oharre of burglariously entering the ooffee fialoon. occupied by Chares I' Marshall. SIX Bowarr, on riundsy night, anu stealing therefrom a quantity of fire oent pioes, eleven of which ware found on the person of the prisoner, together with a pieoe of coin Identified by Mr. Marshall, as his property. Jostioe Osborne locked him up for trial. Prtif Larcmy.?Offluer Colton, of the 4th ward, arrested yesterday a boy by the name of Robert Mctiuiofc, on a charge of stealiug $10 from Ueorge Oreen, reaidIns at No. i Uouverneur street. Justloe Osborne lookad hloi up for trial. Illegal fating.?Officer Orownlee, of the lath ward, arrested yesteruay, a man called lliohard Henklster, on a charge of attempting to vote illegally at the last election held in tha I'Uh ward. Detained by Jtutiaa Rooaie or oxaminatitin. Dhhoneit Clerk.?A young man by the bum of J as . Cory, in the employ of Kaeae It Miles, No '1M Kalton street, was arrested ou Saturday night by officer , Leonard, one of the Chiefs aids, on a oharge of stealing | # ><). and upwards, in specie, from the Iron safe of Raaaa ? .MfiM, uuum kur iuuuwiU|( vltCUUnMUOWl lb ippWiW that Mr liuo llJyler, doing bu*ln??a In Washington market, wan in th? habit of depositing bag* of noirf, from ona day to the other. In Mr. lUeso't sale for aale keeping; and on Friday I ant there wan upward* of I1WI in the *afe. Upon esamlniog the bag* onMaturday. Mr liuyler discovered that tha month of iba bag* had bean untied, the money disarranged, and left In a different position from the one In which be had placed It. and 960, and upward* abstracted therefrom >u?p'ei<.n at mm rested upon <-ory, and .Vl??nr* Keeae and iluyler aocused him of the larceny, when be finally acknowledged that be did open the *afe, untied the bag, and took vat twenty-flTH rent*. This acknowledgmnnt, was made, It 'appear*, from Inducement* held out by tha oomplaluanta toward* the prisoner, that If ha owD'd up they would not proMcate, under wbioh idaa he wa* induced to confess Thl* fact alone, when brought Into court for trial, will undoubtedly acquit tha prisoner However, the oa*e wa* taken before Mayor Brady, who fully committed him for trial, In dafanlt of bail. Uhurge Hi Hnpr?An Irish woman by the stno of K1U% Kitr. Patrick, entered one of tboae passenger offlCf? kept at No. .13 West street about 4 o'clock yeeterday afternoon, iu ord?r to; aacertaln the prioa of paeaage to old Ireland On entering th* oflloe she mrt a man by th* nam* of Hichard Cornell who r*qu*aU>d her to go In another room adjoining, which ahe did, <! Cornel) immediately locked the door, threw tha wont* on tha floor and violated her person after which ha left tha room, whispered to a man in tha office, eall*<l Samuel Pearson, and than ran dowu stairs and went off. Tha poor aoimn wr. then tnrned out of th* office by fairioa. and whan in tha street. aim fortunately procured the aid of officer* Dodge and Pendervllle, who went with her immediately back to the office and arreatad Pearaon an an anooropliaa. Cornell having received information from aome of hla frlendi that the police wars after bin, he made hiMHi If scarce. hut no donbt tha arraat will be made to day The < hl?f of rolto? detained tha vogui and Pearson, in order to bava the mattar faily Invea tigated Sratiilici of the Police Depart me nl Jar lii Mttnikt, tnding 31 ( Oct.?Total number of arreata U.WIamong which are 1.03* tor aaaault and battery , t>J burglary; 'i,177 for diaorderly conduct, 146 lighting in the atecct; 1 ti<) grand laroeny; 14H Inaanity; 3 4VH Inlotioation; 3.34i? intoxication and disorderly conduct, AS Indecent exposure of peraon; 1.72* petit larceny; I Jf proa mutes, diaorderly In the streets; Joe suspicion of atoalIng, 1.217 vagruicy, and various other cauaea for ?> raat I'eraoos making application and to whoa lodging ni given In the Ferentl Ulatrict Station llouaea during tha same period, 12 SOU < hmiren ioat in publle str?ata taken to tha vartoni H.atlon Houses aud restored to their pari nt>, I,Hit Sii'v nine Demon* havu been rescued Irrm dm?nine and tt/flrv* have ln-?n dliaoTervd anil afttingtriatie* {y ineuil?-ri of tlin Police U. purtineut NnnWt of violation* of city ordinance reprrt*d to the ( htcf of Poll** during cam* pvriod 6.7*1 among which are AOO fcr mcumWing ?U< ?t?, 9 79$ for enotim l)?rliiRI *<K) Mgna attended contrary to lav, I'WS neglecting to etnpty etnka: 40 throwing garbage In thegtreel, i3l In relation to hack*, lAl In relation to rtagro, '27H In r?l??|on to carte; *3 In relation to dookx unU ail pa, nnd Tartan* other misc.-1 Unroot Tl?latlon? of < orporation or ill nan cm. Mn r || AltRl? Al'li'.i N T. W V.l "lie, entitled B<.u< de Ni>c??, (Bridal .Bomt?*i) coinpriaiag foar aamtera; llie i amillia Polk*. Hoiteuaia Welti, Hyarmtn Hedowa. and Heliotrope Mainrii or Polk* Masnrka, rompoeed and ar lUDd o<|i|f?lr lot Ml. t. by Profeaaur Perdiaand Kicker, recently Irnm l.eipaic. fan beobtiieed wholesale and retail, I Mr Chun naii * a, 21 White alreet;at Meeera. kruat k Son's, lit Broadway; at Mesaii Jaqnee k Biolher'i, M5 Broadway; a *lr.;HiiTer'?, Ml Broedwayi el Mr. William Uobou'a. SH llr^adwi). and at Meear*. kuth, Hall k Pond's, corner of Broadway and P.irk Place. N. B ? The mutic for the Valie a Cuq Temfv (fire laiep wait/) can alao re obtained at ilia aim re |i|am. nil 3t*rc O O A r* I)I ISO ? A fliiigle UfBtlemaa nr two frirnOs ciui V>e 13 I'li-aaantly situated lor the wiaier m a jn??tr lamly. where (here are no biarder* tr child en, hat e a Parlor. Bed . ...,1 ....! A di>?. * I'lfMot tituatiou 111 firootn iuwt, near Btnadwii) K >om? handiotne'y I'nnmhed term? moilerntr Mid referenrr t tenured. Addreaa Bo* UM Po?t Otic*. i.f M?rrc (V\M oFF? LOTHINti AMlU'ilXll gfc waSTJ KM ? Ladiei ?nd oentleman havug any ea?t nff or ?apar fltioti* rl' thinj m fuimtnie tit diapoae <?l. ean obtain * fair each I rice lor the Mini, ny acndinK a note, or by tall-on t n the ?nh tribe at Itli reaidenae, or through the poM, which mil b? puortuallr atteudrd to. H. MR BOr.R.TIS < 'anal *t np?t%?? N. B ? Ladiei r?? be attended to by?.n. Me Boer. Old atoelt and job gaod? bought, ol an> d<*eii|>(i"n v " iin-inn' ? Mt" TO CIVILKNMINKKHH AND Kt'h VK?<?R* -Two yowtil man, r*<pert^kTe npH * >*? T, ? ??h tn f 'Kf|? ? % ?. ' I ? ?? '? % a ."l n * * d ii I it l'.M0 n,f'1 . '* r ' AmLJ wot.l<l ???er Addr?? :??t ratdi M? .m . I ??? ... 0?->