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

pera: Vol, XiIL, No. 304.Whole No, 490i, NEW YORK, SATURDA Y MORNIN G, N “THE IMPORTANT COURT MARTIAL oF LIEUT. COL. FREMONT: Wasuincrox, Nov. 4, 1847. Brigadier General Kearny, as the leading witners against Lieut. Col. Fremont, gave in his evidence before the Court to-day. It is strong, and in many points, of exceeding interest to the public, and of the utmost mo- ment to the acoused. Up to this morning Gen. Kearny appeared the affable and smiling citizen, laughing and conversing with the moat agreeable vivacity on the cur- Tent topies of the day; but the moment he proceeded to testify, the moment he had taken the oath, he became the solem», stern and inflexible soldier—the whole man was changed. It wasa onse of life and death; and the witness «xpressed, In his severe and) unchanging coun- tenanoe, that he fully comprehended the responsible na- ture 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 acoused appeared as if writing at his camp in the mountains, the jour- ney of ‘he day. Col. Benton, as usual, looked relf- possessed and calm as & summer's morning, having more tho air of a man who has achieved a great work, than cf a counsellor entering the duties of a case involving fo many «nd such varied, comprehensive and important ixsues af thie singularly novel and {mportant case. Mr is expressive satisfaction of his distinguished associate, that the case was now fairly under way, with sails all spread, and a smacking breese setting ia, The report of to-day will show that Colonel Denton is 96 vigdant asalynx Clear and unexception- rbly correct in was the witness in his answers to the Judge Advo ‘was ut one point thrown for moment off his g d referring to a certain letter, he sald be supposed it was “still in the ton of Lt Col Fremont.if he had not destroyed it.” Col Benton murmured something. and * took a note.” In reading over the answer of the witness, the Judge Advocate ver properly esked Gen. Kearny to explain, which he did. Me meant no imputation of design on the part of Col Fremont, The cross-examinat on, thus far, shows that Col, Benton intends to cover the whole ground. and to being out every possible paper and fact bearing upon the cuse, ond the reason for asking the questi+n, upon which the court adjourned, to allow the accused to give that reason for the interrogatory, to wil “Did you lose o cannon in that action, (San Paequal) and was it reco- vered, and by whom?” will, ifwe mistake not, show it to bean impor aut link in the evidence. ‘After the decision of the court 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 court, and others, we were entirely disposed to forego the details of the case, The fair construction, however, of the deci- sion of the court appears to be,that while its proceedings are open to the press, the court is not to be understood ‘as sacctioning or approving such reports. Mainly, how- over, from our own interpretation of the case, we are in- debted to-day to the National Intelligencer, for the fol- lowing ample minutes of this day’s proceedings. To- morrow we expect to bo able to follow up the thread of the story. We had a copy of the charges and specifications kind- ly furnished us ty Mr Jones; but it would require a full day in their transcription, they are so voluminous. A number of the doouments involved are embraced in this day’s report. The charges against the accused are these :— 1, Mutiny. 2. Disobedience to the lawful commands of his superior officer. 3 Conduct to the prejudice of goodorder and military discipline ‘The epecifications are substantially to be found in yesterday’s report, and more particularly defined in the testimony of to-day. The proceedings are conducted by the president and the court with great dignity and decorum; and Capt. Lee, the Judg» Advocate, hus al. ready evinced the most complete knowledge of, and prac- tical acquaintance with, the duties of his position. Army Court Martial, THIRD DAY. The Court met at 10 o'clock. All the members pre- sent. Brig Gen. 8, W. Keanny, was sworn as a witness for the prosecution. Question by the Juock Apvocars.—Under what com- muission in the army ef the United States, or under what orders from the Government of the United States, were you in California, from and after January 6, 1847 ? Answer.—I was in California as a Brigadier General 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 I present to the Court asa true copy. I know not whether that is Sec- retary Maroy’s [signature, but sredisnesd was furnished to me from the Wer Department with the certificate of the chief clerk that it is a true copy from the original. ‘The paper was read by the Judge Advocate, and is as tollowe: ~ War Derartuent, {Confidential} Wasuinoron, June 3, I ‘Sin,—I herewith send you a copy of my Governor of Missouri for an additional force of one thou- sand mounted men. ‘The object of thus adding to the force under your command {s not, as you will perceive, fully set forth in that letter, for the reason that it is deemed prudent that it should not, at thie time, becomes matter of public notoriety; but to you it is proper aud necessary that it should be stated. It has been decided by the President to be of the great- est importance in the pending war with Joo to take the earliest possession of Upper California, An expe- dition, with that view, is hereby ordered, and you are desigoated to command it. To enable you to be in suf. ficiont foree to conduct it successfully, this additional foros of 1.000 wounted menu has been provided, to follow you in the direction of Santa Fe, to be under your or- ders, or the officer you may leave in command at Santa Fe. Jt oannot be determined how far this additional force will be behind that designed for the Sante Fe expedition, but it will not probably be more thane few weeks,— ‘When you arrive at Sante Fe with the force already call-d, nd shall have taken possession of it, you ma‘ find yourselfin @ conditien to garrison it witha small part of your command: (a6 the additional force will soon be at that place.) and with the remainder press forward to Calitornia In that case, you will make such arrange- ments 4s to belog followe! by the reinforcements before mentioned, a8 in your judgment may be deemed safe and prudent I need not say to you that, in case you conquer Santa Fe, (and with it will be included the de- partment of State of New Mexico.) it will be important to provide fur retaining onsesseion oft it. you deem it prudent to have still more troops for the accomplishment of the objects herein designated, you will lose no time in communicating your opinion on that point, and all others connected with this Department, Indeed, you are make a direot requisition for it upon Missouri it is known theta large body of Morman emigrants are enroute to California, for the purpose of settling in that country. You are desired to use all proper means to havea good understanding with them, tothe 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 usio our expedition against California. You are hereby authorised to muster into service such as can be induced to volunteer—not, however, to a number ex ceeding one-third of your entire force. Should they enter tne service, they will be paid as other volunteers, and you can allow them to designate. so far as it can be properly done, the persons to act as officers thereof. It in understood that a considerable number of American citizens are now settled on the Sacrat Suter’s establi-hment, called “Nueva well diaposed towards the United States. Should you, on your arrival in the country, find this to ba the of things there, you are authorized to organi ceive into the service of the United States such portion of there cit'zens as you may think useful to aid you to hold the possession of the country. You will, in that case. allow them, so far as you shall judge proper, to se- leot their own efficers, A large discretionary power {s invested {n you in regard to these matters, as well as to allothers in relation to the expeditions confided to your command. The chotee of routes by which you will enter Califor- nia will be left to your better knowledge and ampler means of getting accurate information. ‘e are assured that 2 southern route (called the Caravan route, by which the wild horses are brought from that country into New Mexico) is practicable ; and it is suggested as not improbable that itcan be passed over in the winter months, or at least late in autumn. It is hoped that this information may prove to be correct. In regard to the routes, the practicability of procu- ring needful supplies for men end animals, aud trans- porting baggage, is a point to be well considered Should tho President be disappointed in his cherished hope that you will be able to reach the interior of Upper Califor- nia before winter, you are then desired to make the best arrangement you can for sustaining your forces during the winter, and for an early movement in the spring — Though it is very desirable that the expedition should reach California this season, (and the resident does not doubt you will make every possible effort to accom- plish this object.) yet, if in your judgment it cannot be undertaken with a reasonable prospect of success, you will defer it, as above suggested, until spring. You are left unembarrassed by any specific directions in this matter. Tt is expected that the naval forces of the United States, which are now or will soon be in the Pacific, will be in "possession of all the towns on the seacoast, and will co-operate with you in the conquest of Californ' pa | oer , Page war, and provisions, to be used in country, w sent’ by sea > ren in the Pacific for'the tse of the ied Reon ai Should you conquer and take possession of New Mex- joo and Upper California, or considerable Yabeg "4 either, you will establish temporary civil governments therein—abolishing all arbitrary restrictions that may oxist, s0 far a6 it may be done with safety, In perform. ing this duty {t would be wise and prudent to continue in their employment all such of the existing officers are known to be friendly to the United 8 and wi tako the eath of allegiance to them. The duties at the custom houses oaght at once to be reduced to such & rate an nay be barely lent to maintain the neces: nary oMcare weeny viding any revenue to the q trent You may eemire the people ‘of those 198 2 authorized to Governor of nto river. near vetia,” who are that it is,the wish and design of the United States to rovide for them a free governmen t, with the least pos- ible delay, similar to that which exists in our Territo- ries. They will then be called on to exercise the rights of men in eleoting their own representatives to the Territorial Legislature. It is foreseen that what relates tothe civil government will be a difficult and unpleasant part of your duty, and much must necessarily be left to your own diroretion. In your whole conduct you will act in such a manner as best to conciliste the Inhabitants, and render them friendly to the United States. It is desirable that the usual trade between the zens of the United States and the should be continued. as far as condition of things between the two countries. In consequence of extending your expedition into Cal! fornia, per that you should increase 7 supply of gods to be distributed as present to the [ndi- ans The United States Superintendent of Indian Af- fairs at St Louis will ai in procuring these goods You will be furnished wit! roclamation* in the Span- ish language, to be issued by you, and circulated among the Mexican people on your ‘entering into or approach- log thelr country. You will use your utmost endeavors te e the pledges and promises therein contained car- ried out to the utm st extent. I am directed by the President to say that the rank of brevet brigadier geceral will conferred on you as soon a8 you commence your movement towards California, and Fent round to you by sea, or over the country. or to the care of the commandsnt of our squadron in the Pacific .oann mn, arms, ammunition, and supplies for the land forces will be ssnt te you. Very respectfully, your obsdient servant, W. L MARCY, Secretary of War, Col, 8, W. Krauny, Fort Leavenworth, Mirsouri Q. Are there any other instructions under which you acted? A. I received another letter of instructions about the same time. Here is an original letter from the Leh aad ‘of War, received by me on the 3ist July. I receive ancther at Fort Leavenworth. ‘The letter of the Seoretary of War was read, as fol- lows: — War Derarrwent, — ? Wasninaton, June 18, 1846 § : * * * iti- I have nothing of importance to add to the despatches which have been already forwarded to you. Since my last letter it has been determined to send a small force sround Cape Horn to California. The arms, cannon, and provisiens to be sent to the Pacific ocean will be socompanied by one company of artillery of the regular army. Arrangements are now on foot to send a regi- ment of volunteers by sea. Theso troops, and such as may be organized in Callfornis, will be under your com- 4. ore than common solicitude will felt here in regard to the expeditioncommitted to you, and it is desired that you should avail yourself of all occasions to inform the Government of your progress and pro- spects The President desiresyour opinion, as early as you are ina situation to giveit, of the practicability of Your reaching California in the course of this autumn, or inthe Srp rt of the winter. I need not repeat the expression of his wishes that you should take military eieion ofthat country as soon as it can safely be lone, —! am, with gre: ot, your obedient servant, alam, a MARCY, Secretary ot War. To 8. W. Kean ou any other orders ? A.l tter of instructions from the General-in Chisf I have it not with me here, nor do! remember ita date; but this is a copy. The lettor was read. as follows:— Hrapquagters or THR Army, Wasuinarton, November 3, 1846. Sin—We have received from you many official reports —the latest dated September léth. A special acknowl- edgment of them. by dates, will go, herewith, from the Adjutant General’s office. Your march upon and conquest of New Mexico, toge- ther with the:military dispositions made for holding that provinca, have won for you, lam authorised to say. the emphatic approbation of the Executive, by whom. it is not doubted your movement upon and occupation of Upper California will be executed with like energy, judg- ment and success. You will, at Monterey, or the Bay of San Francisco, ind an engineer ofloer (Licut H pany of the United States srtillery, under Captain Tompkins. It is probable that an officer of engineers, or of topogra- phical engineers. has accompanied you from Santa Fe Those officers, and the company of artillery. aided by other troops under your command, ought promptly to be employed in erecting and garrisoning durable defen- oes for holding the bays of Monterey and San Francis- 00, together with mach other important points in the same province as you may deem it necessary to occupy Entrenohii 3 tools, ordnance. and ordnance stores went out in the ship Lexington, with Capt. Tompkins. Fur- ther ordnance supplies may be soon expected. It is perceived, by despatches received at the Navv Department from the commander of the United States #quadron on the coast of the Pacific, that certain volun- teers were taken into service by him, from the settlers about the Bays of Monterey and San Francisco, to aid him in seizing and holding that country. With a view to regular payment, it is desirable that those volunteers, if net originally mustered, should be caused by you to be regularly mustered into service (retrosvectively) under the volunteer act of Mey 13, 1846, amended by an act 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 they may signify a wish to that effect. You will probably find certain port charges and regu- lations established’ for the harbors of the province. by the commanders of the United States squadron upon its coast. The institution and alteration of such regula- tions appertain to the naval commander, who isinstruct- ed by the proper department to confer on the subject with the commander of the land forces. As established, here. cause those regulations to be forced On the other hand the apprint: porary collectors at tho sevéral ports appertaings 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 al- ready appointed by the naval commanders, will not be unnecessarily changed. As mite to the civil governor of Upper California, in our hands, see the letter cf June 3d, (last.) addressed to you by the Secretary of War. You will not, however, formally deciare the province to be annexed. Perma. nent incorporation of the territory must depend on the government of the United States. After ocoupying, with our forces, all the necessary points in Upper California, and establishing « tempora- ry civil government therein, as well as assuring yourself of its internal tranquillity ‘and the absence of any dan- ger of reconqueat on the part of Mexico, you may charge Col Mason, United States Ist dragoons, the bearer of this open letter, or land officer next in rank to yeur own, with your several duties, and return yourself, with a mufficient escort of troops, to St. Louis, Missouri. But the body of the United States dragoons that accompa- nied you to California, will remain there until further orders. It is not known what portion ef the Missouri volun- teers if any, marched with you from Santa Fe to the Pa- cific. Ifany, it is necessary to provide for their return to their homes and honorable discharge; and, on thi same supposition, they may serve you as a sufilcient es cort to Missouri. It is known that Litut. Col, Fremont, of the United States rifie regiment. was, in July,Jast, with a party of men tn the serv: of the United States topographical engineers, in the neighborhood of San Francisco, or Monterey bay, engaged in joint operations against Mexi- co with the squadron on that coast, Should you find him there, it in desired that you do not detain him against bis wishes a moment longer than the necessities of the service may require. I need scarcely enjoin deference and the utmost cordi- ality on the part of our land forces towards those of our navy in the joint service on the distant const of Catifor- nia. Reciprocity may be cordially expected ; and to- wards that ond, frequent conferences between comman. ders of the two arms are recommended. Harmony in co-operation, and success cannot but follow. Measures have been taken t+ supply the disbursing of- ficers who have preceded, and who may accompany you, with all necessary funds. Of those measures you will be informed by Col. Mason. I remain, sir, with great respect. your obedient ser- vent. WINFIELD SCOTT, To Brig. Gen, 8, W. Kearny, U.S. A. Commanding U, 8. forces 10th Military Dept. [The Judge Advocate here suggested that, as this letter contained nothing material to the merits of the cause, it need not go upon the record). To this the court assented, as did Lieut, Col. Fremont. Q. Had you any farther instructions ? A. I have no recollection of any further instructions, which I had with me at ite mentioned, =. Did you at any time exhibit these instructions, or ony Dae of them, to Lieut. Col Fremont? The letter from the Secretary of War was not ex- hibited by me to Lieut Col. Fremont; but | informed him of the contents of it. An extrat of the letter of June 18 was furnished to him,under my instructions,by Lieut. rig Q. What order was given by you to Lieut. Col. Fre- mont relative to his coming to Monterey ? A. Onthe Ist March, 1847, | waa at Monterey, and | there issued the tenth Military Department Ordie, No. 2, which I sent to Lieut. Col. Fremont, and with it a let- ter of the same date, of which this'is a copy. Col, Fro- mont must have the original, unless he has destroyed it. ‘The military order was read as follows :— Onven,? Hearquantens l0rat Mit. Derantayns, No 2. Montxrny, Marob 1, 1847, H Fenn With a view to regular payment, it is neces- sary that the battalion of California volunteers, now under the command of Lieut, Col. Fremont, ot the army, and stationed at Ciudad de los Angelos, if not original- ly mustered under the law of May 13, and the supple: mental law of June 18, 1846, should now be mustered Into service under thoes laws. This muster will be made at once by Lieut. Col. Fremont. Should any men of that battalion be unwilling to continue in service under the above named laws, they will be con- ducted by Lieut. Col. Fremont to Yerba Buena, via Monterey, and be there discharged. Lieut. Col. P. 8t. George Cook, now in command of the Mormon battalion, is entrusted with the supervision of the southern military district, for the protection and defence of which he will make tl pence a Nr ng posting his command (to consist of company C, Ist dra- *Notr—No p'oclamation for circulation was ever furnish. ed to General Kearny. A few copies of that prepared for aod to General Taylor were forwarded to Gene al Kearny, it he was requested not to use per These copies were the only proclamations sent by tne War Departmen to lim. and | tee of a Sgikehas ever used a ieaues A) V ne, the Mormon battalion, and the California voluo- ‘eera.) at auch places as may be deemed most eligible. By order of Brig. Gen. 3. W. Kearny, H. 8, TURNER, Capt. A.A’ A, Goaral. The letter was also read, but the Reporter failed to obtain a copy of it. About the 26th of March, Lieut. Col, Fremont was in Monterey He came to Monterey from Loa Angelos.and calling on me at my quarters, | had a conversation with him, Shall I relate the conversation’? Jvpar Apvocare. The point of the inquiry is as to the verbal order given by you to Col. Fremont. Gen. Kearny. The close of the conversation was a re- iteration of my orders to him of the Ist of March to come to Monterey, and with the least practicable delay. Then on the 28th of March, ! addressed to him a writ- ten communication, which is set forth in the specifica- tions | handed toyou. I have no copy of it [eae per was shown to the witness by the Judge A roeatel” Q. is that the paper you furnished to me? A That is a copy of the communication | addressed to Lieut. Col. Fremont, and which | presume is now in his porsession, unless he has destroyed it. ‘The paper was read, as follows :— Hespquanters 10rH Mititany Derartitent, terey, California, March 28, 1847. will be handed to you by Col. Mason, 1st 10 goes to the southern district, clothed by me with full aut ity to give suah orders and inetruo- tions in that section of country as he may deem proper and necessary, Any instructions he may give to you will be considered x8 coming from myself. I deem it proper to sugrest to you that should there be at the Pueblo any unsettled accounts or demands ainst the government, incurred by your orders or proval, which ou may not already have authenticated and completed for the action of the disbursing offloers, that you at once do 59, asit may be neces#ury for you to roceed from to Washington city, and should there e eny of the party which accompanied you from Mis- souri still with you, and under pay from the Topogra- phical Department. you will cause them to come to this place, that they may be returned to me and discharged, and be of no further expense to the United States, un- Jers they profer being discharged at once in this country In twelve days after you have embarked the voluatcers at San Pedro I desire to see you in this place, Very respectfully, your obedient servant, 8. W. KEARNY, Brig Gen. and Goy. of California. Lieut, Col, J. C. Fremonr, Reg Mounted Riflemen, Comd’g. Bat. Cel. Vol. Q. In using. ia your replies, the expression, “if he has not destroyed it,” you meant, did you not. that he might have lost or di stroyed it unintentionally? You did not mean to lay emphasis on the word “destroyed ?"° A I meantthat the paver was now, as I presumed, in hia possession, unless it had been accidentally destroyed or lost. I did not mean to convey the impression that Lieut. Col Fremont deatroyed or lost any paper in- tentionally | had given him the paper, aud I supposed he had it still, unless it had been lost or destroyed. What he did with it I do not know, The witness then procesded: I waited in Monterey for the arrival of Lieut. Col. Fremont, who did not. pj and in May I went to Los Angeios, aud thero I found him on my arrival at that place, on the 9th of that month. | then repeated my previous order to him, and he left in days after. Here a member of the Court inquired whether the mee meant that Col. Fremont left in obedience to the order? A. He loft in obedience to my order. The. Judge Advocate then intimated his purpose to suspend, for a few minutes, the examination of the wit- ness in chief, that he might consult with Lieut. Col. Fremont in regard to certain documents. The record of Gen Kearny’s testimony as taken down by, the Judge Advocate, was here read to him, ‘On hearing it, in conneotion with the first question propounded to him (see above). the witness said that the question was fuller, and embraced a wider rcope than he had apprehended when giving his reply. He had un- derstood it as relating only to the instructions which he hedwith him when he went out to California; but he now perceived that it was so worded as to embrace the time after his arrival He eaid he had received man: other instructions, after those which had been read, while he was in California; but he had not understood these to be included in the juestion put to hi it now seemed they were The Judge Advocate said he would rectify all this afterward. General Brooke, the Pre: idedt of the Court, remarked to the Judge Advocate that these instructions we - portant, as showing in what light the Government con- sidered Gen. Kearny while out in California. Jupce Apvocatx. I understand it. The Judge Advocate here rend a statement from the record, explaining that the questions which had baen put to the witness were intended to refer only to the pe- riod included in the oharges, and during which it was vaid that Col. Fremont had been guilty of mutiny and disobedience of orders, aud aa to what portion of Gen Kearny’s instructions had by him been shown to Lieut. Col Fremont. a ute witness hereupon declared himself entirely satis- jed. ‘A paper was here shown to witness. Q. Ia that the official order received by you, establish- ing the 10th military district? . Itis—and [ resoived it about the 13th February, 1847, fromthe haads of Col. Mason, in California. [The order No. 49 was here read. The Reporter could obtain no copy, but understoyd it as creating military department No 9, to consist of so much of Santa Feand New Mexico as should be conquered by the American arms, the headquarters to he at Santa Fe; and depart- ment No. 10, to consist of so much of Oregon and the two Californias as should be conquered by our arms, the headquarters to be on the field. It was dated 3d of No- vember, 1846 ] ‘A paper was here shown to the witness. Q. Is that paper the original letter received by you trom Lieut. Col Fremont? and, if so, when, where, and under what circumstances was it presented to you? ‘A. That is the original. The paper was here read :— Civpan px Lom Anaxtos. Jan. 17, 1847. Sin—t have the honor t. in receipt of your favor of last night, in which I am directed to suspend the execu- tion of orders which, in my capacity of Military Com- mandant of this Territory, I had received from Com- modore Stockton, Governor and Commander-in-chief in California. T avail myself of an early hour this morning to make such a reply as the brieftime allowed for reflection will allow me. I found Commodore Stockton in possession of the country, exercising the functions of Military Comman- dant and Civil Governor; and ehortly thereafter | ceived from him the commission of Military Comman- dant, the duties of which I immediately entered upon, and have continued to exercise to the present moment. 1 found, also, on my arrival at this place, some three or four days since, Commodore Stockton still exercising the functions of Civil and Military Governor, with the | same apparent deference to his rank on the part of all | officers (including yourself) as he maintained and re- quired when he assumed in July last. | Tlearnad, also, in conversation with you. that on the march from San Diego recently to this place, you en tered upon and discharged duties implying an acknowl. edgment, on your part, of supremacy to Commodore Stockton. I feel myself, therefore, with great deference to your professional and personal character, constrained to ray that, until you and Commodore Stockton adjust be- tween yourselves the question of rank, where I respect- fully think the ‘itoulty belongs, | shall. have to report, and receive orders, as heretofore, from the Commodore With considerations of high regard. 1 am your obe- dient servant. J.C, FREMONT, Lieut. Col U. 8. Armyand Military Commandant of the Territory of California. To Brig. Gon. 8, W. Kranny. U.S. Army. About the 14th of January, 1947, | reesived from Lieut Col Fremont a communication dated the day previous, | upon the march, and dated “ January 13th, 1846.” (pre- sumed to te written by mistake for 1847.) and which | furnished, together with the charges, to the Adjutant General The paper was read as follows:— On tHe Marcu, Jan, 13, 1346, Dear Sir—I have the honor to report to you my arri- val at thin place with 400 mounted riflemen, and six pisces of artillery. including among the latter two plecas intely in the porsession of the Californians. Their en tire force, under the command of Don Andre Pico, have this day laid down their arms and surrendered to my comm: Very respectfally, your obedient servant, J.C, FREMONT, Lieut. Col, U. 8. Army and Military Com’d’t of the Territory or California, | Brig. Gen. 8, W. Kearny On the day of the receipt of that report, (via. of the | 13th January) Lieut. Col. Fremont. at the head of a | battalion of volunteers, entered the city of Los Angelos On the 16th of January an order was sent to him, rela- ting to this battalion, by my direction.and signed by Lt | Emory—a copy of which I have furnished, and which | | oan identify if shown to me. JA paper was here exhibited to the witness.) This is a copy of the order furnished to him by Lieut, Emory. ‘The paper was rend as follows Ueapquantexs Anny Unitep Statxs, — ? Giudad de los Angelos, Jan. 16, 1847. § By direction of Brig. Gen Kearny, ! send you a copy | of communication to him from ths Secretary of War, | dated June 18, 1946, in which is the following :—* There troops, and such as may be organised in California, will | be under your command.” ‘The General directs that no | change will be made in the organization of your lion of volunteers, or officers appointed in it, without his | sanction or approval being first obtained. | Very respectfully, WM Hl EMORY, Lieut and Acting Assistant Adjutant General. To Lieut. Col J. C, Fremont, Mounted Rifleme: Commanding Battalion California Volunteors. | Accompanying this wax a oopy of a letter from the War pepe tneas to myself. | L been read in the reply of the witness to the | ry —#ee above | | the day subsequent, viz on 17th of January, Lieut. Col Fremont came to my quarters,and, in conversation, | I asked him whether he had received my communica. | tion of the day previous. He acknowledged the receipt | of it; that he had written « reply, and left it | with his clerk to be copied. in his hand, which Lieut. Col. Fremont took, overlooked, | ead then used the pen upon my table to nign it; his clerk | 6 my requent Lujeut. Cot table voliet toad the fetter of it, told bim I was an as About this time a person entered the room with a paper | having told him that tho ature was wanting to it. Twas emush older soldier | than himself; that I had great respect and regard for his wife; and great friendship for his father-in-law, Col. Ben- ton, from whom | had received many acts of kindness; that thess conniderations inducad me to volunteer ad- vice to him; and the advice was that he should take the latter back and destroy it; that I was willing to forget it Lieut. Col Fremont declined taking it back, and told me that Commodore Stockton would support him in the position taken in that letter. [ told him that Com Stockton could not support him in disobeying the orders of his senior offeer, and that if he persisted in it he would unquestionabl: Com, Stockton was about to ize a civil government, and intended to appoint him or of the territory. 1 told him Com. Stocktou bad no such authority, that authority having been conferred ou me by the President of the United States. Heasked me whet er I would a: int him Governor. {told him | expested shortly eave California for Missourt; that I had, previously to leaving Santa Fe, asked permission to do so, and was in | hopes of reoviving it; that, as soon as the country should be quieted, Ishould most probably organise a olvil gov. and that [at that tim ernment; ¢ knew of no obje:tions to appointing him as the Gove nor. He then stated to | me that he would mn. Stockton, and that unless he appointed him G: at once he would not obey his orders; and hé left me. T amination in chief was here cloned. The Judge Advocate stated that Lieut Col. Fremont had now the opportunity of cross-examination. Whereupon Lieut. Col. Fremont presented the follow- ing paper, whieh. by permission of the court, was read by the Judge Advooate. “Mr. Prestogy ; Before putting any questions to the witness, and te enable the Judge Advocate and the court the better to understand the relevancy of the questions put, I think it best to give some idea of the general scope or nature of my defence. This can be done, with respect to one main branch of the defence, by reading « paregraph from por addressed by my counsel to the War D partment, asking for certain orders and reports prepa: paragraph is in these word: “Io looking over the ol es and specifications, it ia seen that the imputed acts of mutiny and disobedience aud disorderly conduct, refer to a period of time when Commodore Stockton and General tesa were con- tending forthe supreme command in California, and when the decision of that contention was attempted to be davolved upon Lieut. Col Fremont, as commander of tho California battalion, by Gen Kearny, giving him or- ders in contradiction of those of Com. Stockton; which decision Lieut. Col, Fremont declined to make, and de- termined to fremain as he and tho battalion were, under the command of Com, Stockton, until his two superiors decided their own contest. Looking upon this to be the correct nawer, the undersigned feel it to be their duty to protest, and do hereby protest, against now trying that question in the perswn of Lieut. Col. Fremont, on a charge of mutiny aad disobedience of orders and conduct prejudicial to good order—cherges going to his life and character—for not obeying the orders of General ny. They make this protest; and, reserving to Li Col. Fremont all the benetits to be hereafter from it, they deem it their duty to prepare for the trial of the charges and specifications as mede, (which is, in fact, the trial of Commodore Stockton, of the navy, in the person of Lieutenant Colonel Fremont, of the army;) and, fer that purpose, they claim the benefit of all the defences which Commodore Stock- ton could hims«lfdemand if personally on trial before a naval court martial Under this sense of duty, and with @ full conviction that they not do justice to Commo- dore Stockton, (to whom, happily, 4 decision him will be legally nugatory, and may be contradicted by the decision of & naval court martial, while aay PRY, it will be fatal to Col Fremont) they ask to be furnished ‘as early as possible, with official copies of all orders to Commodore Sloat, (under whom Lieut. Col. Fremont first surved) also to Commodore Stockton and Commo- core Shubrick, and any other naval officers, charging them with military or civil powers in California ; also, with copies of all thelr reports {a which Lieut. Col. Fre- mont or the California battalion are mentioned or re- ferred to ; also copies of all communications from them, or either of them, which show the nature and extent of powers which they, the said naval commanders, actually exercised in California ; also copies of the joint procla- mation of Commodore Shubrick and General Kearny, in settling the boundaries of power in California between themselves ; also a copy of Gen, Kearny’s proclamation at the same time ; also a copy of the orders to General Kearny to proceed to California, and @ copy of the or- ders, it any, to proceed from California to Mexico ; and a copy of the orders, ifany, which related to Lieut. Col brought home to the United States the to mont, when Brevet Captain of Topographical Enginoers and twenty-one days of time, purpose to avail myself of all the rights of ination of the p the direct «xamimation of my own. “ This is sufficient to give a general idea ofthe main branohes of the defence, aud will enable the Judge Ad- vooste and the Gourt the better to understand the drift and relevancy of questions and the effect of answers; snd in my opinion will be a convenience to them. TT! plea of not guilty gives no notice of the intended de- fence : special pleas are discouraged : and this state- ment is intended to give the notice which the plea of not wilty withhol ‘The cross-examination now commenced Question by Lieut. Col. Fremont. At what time did you form the design of arresting Col. Fremont ? A I formed it snortly after receiving his letter of Jan- usry 17. When | say shortly moan immediately ; it may have been aweek after. him, and where? A’ communicated it to him at Fort Leavenworth on the 224 August, and | arrested him. Q. Did yeu write from Monterey in May last to Col. Benton, informing him of your desiga to arrest Col Fremont ? A. I did not? Q. Or at any time? A. I wrote to Col. Benton in May from Los Angelos, telling him that the conduct of Col. Fremont had been in opposition to my orders and to those of the War Department. Delicacy prevented me from saying further to Col.B on the subject, 1 presume he must have the letter. Q. Was Col. Fremont then at Los Angelos ? A. He was there about that time. Q. Did you at the same time give Col, Fremont the aque Information? ‘A. [did not consider it obligatory on me to do a0, ant I did not. Q Will you state whether, after the communication made to you on the merch to Santa Fe, you met an ex- press from Commodore Stockton and Colonel Fremont, bearing despatches to the Government; and whether you reovived any information trom that express that in- duced you to depart from your orders; and if #0, to what extent ’ ‘A, [met an expres on the Del Norte, sent from Call- fornia by Commodore Stockton and Lieut. Col Fremont, on his way with despatches for Washington. | received no information from the express which induced me to depart from the orders which I had received. | received information which induced me to make some changes there, but these were predicated ou my own orders, not on the orders of others, Q Did you turn back any part of your force, and countermand the march of any of the troops which were intended to follow you’ A. In consequence of information received by me from that express, | left on the Del Norte, in New Mexico, two huudred dragoons, which I had — dete: mined to take with me to California. can state in few words that | started from Santa Ie to California with three hundred dragoons; leaving instructions be hind me for the Mormon bsttalion and # mounted com- pany of volunteers under Capt. Ifudson to follow me, Che company was to be under the command of Capt. Hudson; the battalion and the whole was, | thought, to be uader the command of Capt Allen. Q What amount of force did you intend to take with | you before mecting with the express? A. The three hundred dragoons; and these to be fol- jowed by the Mormon battalion, of which | had received no written report as to its numbers, but which | pre- sumed would average about five hundred men; besides a company of volunteers under Capt. Hudson, which [ presumed would be about eighty strong. Q What proportion did the force you carried on bear to the strength of the Mormon battalion which was to follow you? A. The force | carried with me was 100 dragoons.— The Mormon battalion, together with Capt. Hudson’s company, would be from 550 to 580. Q_ Will yo state with what objeot you proceeded to California after meeting the express, easton informa- tion from him and diminishing your dragoons?’ A. Tho object of my Proceeding comply with the instructions | ha War Department Q. Did the express remonstrate against being turned back. and did you insist and order him back ? A received from the A. The express was Mr. Carson, who, at the first, was | very unwillivg to return with me, he being desirous of proceeding to Wesaington to convey letters and commu- nications to that place which he had received from | Lieut Col. Fremont and Com. Stockton. He told me that he had pledged himself these communications should be reveived in Washington, | at last persuaded him to return with me, by telling him [ would send in his plave as bearer of those despatches, Mr. Fitapatrick, who was an old friend of Lieut. Col. F had travelled a great deal with him. Mr. Carson, on that, was perfectly satisfied, and told me so. Q Did he not ulso tell you he was to convey back | despatches to Lieut Stockton ! A. He did not; he told me they had asked him to re- turn, but he had not consented to do #0; and he has siace told ‘hat he would not have returned. Q. At what time did the reply to the despatches thus taken from Carson reach California ’ A. | know not. Q Will you state what part of California you were Col. Fremont and Commodore m first met by # detachment from Commodore Stockton, and where Commodore Stockton was at that time! A. | was alming to approach the lower part of Upper Calitornia; and | was ‘dest met by a detachment from Commodore Stockton not far from what is called * War- ner’s ranch,’ or Agua Caliente (Hot Springs). Com Stockton was then at San Diego &., (by one of the Court.) At what distance from San Diogo were you when met by that detachment! A. | presame somewhere about thirty fre miles Wi 4 ition of that des seat snd under whet orders and {00 wat pur. pete, Ma tne olayer svenmanding it voy that it come ly ruin himarif. He told me that | Fremont’s movements in’ or from California ; amd # copy of the orders, if any, by which General Kearny phic party formerly under the command of Lieut, Col, Fre- “Another main branch of the deience will goto im- peach the motives of the prosecutor, by showing hisacts and conduct towards me auring a period of six months over a distance of about threo thousand miles of travelling, and for that ross-exXam- woutor and his witnesses, a5 well as of r, | do not, of course, Q. At what time did you communicate that design to to Culifornia was to | A. It was a detachment of volunteers under Captain Gillespie, of I believe about twenty or thirty strong. It was sent tome. It came from Com Stockton, to give me iuformation of the state of affairs in that part of California, [The Judge Advocate here repeated the latter part of the question, “for what purpose did the officer com- thatitecame?”’ ‘Io which the witness gave the same reply | Q What other oftcer was there with the detachment benides Capt Gilles) ‘A Midshipman Beale 1 recollect, at this moment, no other. ‘here was a —— Rousseau. Whether he belonged to the navy or no | do not remember. Q. Did the detachment continus with you on your march to San Diego! A. It did. Q. Did you have an action with the Californians after you got to San Diego? A. I had. Q. What was the force on each side, and where was the action? A. The action was at San Pasqual. The force of the Californians | could not know. afterwards heard that it amounted to one hundred and sixty men. | subse- quently heard it was much larger. Q. You have not answered the whole question. What as the force on each side ? What was it on your own side? ‘A. Our own force “consisted of dragoons and yolun- teers, numbering. I suppose, about eighty. The balance cathe command was left under Major Swords to protect the 8. Q. Did you lose a cannon in that action; and was it recovered, and by whom? The President of the Court observed that he thought these qpaations were taking too wide # range. The Judge Advocate reminded the President that. if the Limon bag the questions were to be discussed, the | Court must be cleared, ‘The President expressed reluctance to insist. ‘The Court, however, was about being cleared, and moat of the spectators had retired, when; The Judge Advocate said he was directed by the court to ask Lieut. Col Fremont what was the object and the relevancy of the questions he was putting? Col. Fremont replied that he would prefer having un- til to-morrow to prepare his reply to this interrogatory. And, thereupon, the Court adjourned until ten o’clook to-morrow, Law Intelligence. Count or Gexenat Sxssions, Nov. 5.—Before Re- corder Scott and Aldermen Feeks and Tappan.— Trial of Madam Restell continued.—At the opening of the coutt this morning, the rebutting testimony on the part of the prosecution was resumed, as follows :— Av MiLisravan, sworn—I reside at Montgomery,and was for sorze time the superintendent of the poor for Orange county ; 1 know Dr. Thomas Millspaugh; Ihad some conversation with himin the fall of 1846, on the subject of attending Maria Bodine. Jacow P Decker sworn—l| reside inthe vicinity of Walden, and know Maria Bodine; | know nothing against her character and would believe her on oath. Cross-examined—Maria Bodine isa family connexion of mine—my wife is her aunt. Wo. P- Deckun sworn Igreside at Montgomery; 1 have lived there for the last Mxteen years; | know Maria Bodine; for some time past her cbaraoter has not, been considered very good; | would believe her under oath. Syivanus Ciyaan aworn—I reside near Walden; I know Maria Bodine; her general character has been ‘bad for the last three or four years; I would, how- ever, believe her under oath Cross-evamined —All 1 hat for several years past, has been unfavorable; I know Dr Thomas Millspaugh; ‘his characterus far as | have any knowledge of it, Is good. I would believe him under oath. rd of Maria Bodine, Mose® Sarrit aworn—I reside at Montgomery; I know Maria Bodine; her character is not very good; I would belleve hor under oath. Cross-examined—1am the father of Doctor Samuel Smit Da. Covent, recalled—I have examined Maria Bodine within a few days past; I did not then discover avy sy- Philitie sores, efther externally or internally. ‘The prosecution here rested, when Phe following addi- tional testimony was adduced for the defence. Hevey J. Minisravon sworn—l am a distant relative of Dr. Thomas Millepaugh; I have known him from youth; | consider his general moral character to be good, and would believe him under oath, I have visited Walden several times; @ year sinoe | came to reside in this city. Cross-ezamined—I left Walden when | was 14 years old; I then went to live in Newburg until about three years ago, when | came to this city; 1 never heard apy thing against the charaoter of Dr ‘Thomas Mallapaugh A.uert F, Suivi sworn—I reside at Montgomery; | know Dr. Thomas Millspaugh; | have known him tor « number of years; his generai character is good; | would believe him under oath. Cross-ezamined—I am 32 years old; | ama farmer; | also buy and sell stock; I never heard any thing against the character of Dr. Thomas Millepaugh. Groncr Mitusraven, recalled—l know Dr. Thomas Millspaugh; he is a distant connection of mine; his char: acter is very good; | would believe him on oath. oan examined—I have never heard any thing against ce cter. Joun E. Gorcnes sworn—I know Dr. Thomas Mill- spaugh; I never heard anyithing against his character; | would believe him under oath Cross-ezamined—I reside at Montgomery; | keep » public honse; Dr. Thos. Millspaugh atops at my house; | never saw or heard any thing sgainst him. Moses Yerxs sworn—I reside at Walden; | work in factory; | was subponed by Mr. Bowyer, for the pro- secution; I recollect old Mra, Cook’s leaving Walden; it was about the 2let of April; [ afterwards took Maria Bodine to Goshen; she told me she was going to Ramapo. In conrequence of the indiapesition of one of the ju- rors, the Court necessarily adjourned immediately after meeting for the evening session, until to-morrow morn- ing. Itisexpected that the evidence in the case will be brought toa close sometime to-morrow, and that on Monday morning the respective gounsel will proceed to sum up, so as to submit it that day. Surwrion Count—Ix Banco—Nov. 5—Wm. Cargill i This case came before the The facts are as follows : into partnership with one the law of limited partnerships, (first Revised Statutes, 764) which is as follows : — Seotion 2. Such Partnerships may consist of one or more persons, who shall be called general partners, and who shall be jointly and severally responsible as general partners now are by law, and of one or more persons who shall contribute in actual cash payments a specific sum, ‘as capital, to the common stock,who shall be cxlled spe- cial partners, and who shall not be liable for the debts of the partnership beyond the fund so contributed by him or them to the capital. Sec 3. The general partners only, shall be authorised to transact business and sign for the partnership and bind the same. Seo. 4. Persons desirous of forming such partnership, shall make and severally sign « certificate, which shall contain—lIst, the name or firm under which such part- nership is to be conducted —2d, the general nature of the business intended to be transacted—3d, the namesof the general and guy partners interested therein, distin- guishing which are general and which are special part- ners, and their respective places of residence —4th, the amount of capital which each partner shall h con- tributed to the common stock—6th, the period the partoersbip is to commence, and the period at which it shall terminate. See. 5,6, and 7, relate to the acknowledgment recording the certificate, and declaring that an affidavit shall be made by o1 the partners, that the sums specified in the certificate shall bave been paid in by each of the epecial partners in good faith. Sec §. No such partnership shall be deemed to have been formed, until a certificate shall have been made, acknowledged, filed, and recorded, nor until an affidavit shall have heen filed, as above directed; and if any false statement be made in such certificate or affidavit, all the sible for all the engagementy thereof, as general partners Sec. 9. The partners shall publish the terme of the | partnership, when registered, for at least six weeks, im- | mediately after such registry, in two newspapers, to be | designated by the clerk of the county in which euch | Tegistry shall be made, and to be published in the senate district in which their business shall be carried op; an will be deemed general. Sec 10. Directs affidavits of the publication of such notice by the printers of the newspa: same shall published, to be filed with the clerk, directing the same, and shall be evidence of the facts therein contained. 1sThe plaintiff subscribed and paid portion of the partnerspip stock; the said ©, Cargill was to be the general partner, and the business to be carried on in this city ; the certificates prescribed by the statute, was prepared and dled with | one of the papers ta which the terms of the partnership | Were tobe published. The attorney for the plaintiff drew up the notice, and sent it to the Evening Postand in set- ting it up the prioter made the sum to be paid in by the plaintiff to be © $5000,” instead of two thousand doilars, ! the sum agreed to be «nbscribed; there was also an error | in the apelling of the plaintiffs name, it having been set up “Cargale,” instead of Cargill. ‘The concern after- wards became insolvent, and one of the creditors disco- | Yered the error in the nume, and brought an action | against the plaintiff, as a general partner, to recover « | debt dus by the partnership; in that action, after gol-g through all the courts inthe State, the creditor was de- feated; but in the meentime the other error, which was the principal one. waa discovered, and # second action | was brought in 1842, ageinat Mr, ( , and the late Court of Errora decided that he was a general partner | within the meaning of the statute, and as such liable to the partnership debts Mr. Cargill then brought bia action on the case against Mr. Bryeat, for neglect and want of due deligence in printing the partnership notice. To which the latter put in two pleas, to wit : the sta- | tute of imitations, and the general issue. ‘I'he cauce was tried in November, 1846. before one of the judges of the Superior Court After the plaintiff ‘a counsel had closed his case. the defendant's counsel insisted that the sta | fore, he was barred from bringing hisaction ‘This ques- | ton’ the judge gave no opinion upon at the time, but reserved it for the consideration of the fall court, ‘and | allowed tho oase to go to the jury on « question of fact The defen aut’s counsel then gave in avidence the ori. | | ginal manuscript, to show that it w: that ® person of more than ordin mistake tbh word ‘tro" for " Sve. wren toe platntiff’s own mistalen © legible and well written won Called tO editors to prove that it was the oun | tom in mewspaper offices for pertens whe sent law no 80 Illegibly writs: intelligence might | Price Pwo Conta tives. to go. at some time before the publication of the paper, and conipare the printed copy with the original, and noe that it was correct To this evidence the piala- t's counsel objected. ‘The judge overruled the objee- tion and admitted the testimony, to which piaintif™ counsel excepted. The judge then charged the jury on the question of fart, reserving. as before stated, the bmg of law He told the jury that if, from the evi- jenoe, they oame to the conclusion that Mr. Bryant was guilty of negligence in not bi the noth set up and priated haintift; 7, the plaintiff, or his agent, was bound to go to the printh office, and to compare and correct the proof sheet, an all was correct, then the plaintiff waa guilty of negligence, and the defendant would be entitled te « verdict. The pli 4 part of the charge, and the ju: defendant, The case was cailed on to day. and was ar- gued by Mr Anthon for the platatiff Im relation to the question whether the plaintiff wae barred by the statute of limitations or not. he contended that the statute did not begin to run until setual damage to the plaintiff had accrued, which was not until an action was tand decided against him by the Court of Errors. Had he brought his action before,he could prove no speoial da- mage, and, therefore, could havé po verdict in favor. Upon the other point, he inmated that there was an im- plied contract between the partion that Mr. Bryant should diligently and faithfully do the work, for which he reoeived full consideration ; and if the printer had any diffculty in deciphering the ma- nuscript. he should hav» brought it to the writer before he set it up. He further contended that » usage or custom between printers could not den- trol or abrogate a legal contract. and transfer the bur- then of the performance of {t tothe shoulders of other parties; and therefore the evidence of a ought pot to be admitted, and ia this view the judge erred in charging the jury. Mr Anthon cited various cases de- cided, both in England and this country, to sustain bie positions Mr. T. Sedgewick, for defendant, contended that the statute of limitations begam to ran from the date of publication. At that moment the cause of ac- tion accrued, and the plaintiff, although he might aot be able to prove special age, might bring bis action, and bave « verdiot in his favor’ for nominal damages.— Cited Howell vs, Young, 5 B. and ©, 269, Short vs. Mo- Carthey, and Plummer va Wilcocks, 4th Peters, 72. He next argued that the plaistiff, or his agent, ought to have sent the manuscript written in such a way as net to tothe jury on the evening of which | and | persons interested in such partnership, shall be respon- | pers in which the | $2000 as bit | wutts rail id | gi the Coanty Clerk. who designated the Evening Post as | | jeaning to approach, and when and where you were | tute of limitations began to run from the date of the | «left, dark | publication of the notice, which wasin 1835; that, there- | \ mislead the printer; but here the manuscript was 60 badly written, that the most intelligent person might be misled by it; and that, therefore, it ‘would’ be unreasona- ble to charge ee eae with the negleot and want of care of tht plaintiff and his agent. With regard to the custom, there was no doubt of its existence, and the plaintiff and his attorney were bound by it; and it was the duty of both, or one of them, to compare and see that the printed copy corresponded with the manusoript; and, moreover, the affidavit of the publication was trac- ed tothe plaintiff's attorney, and if be had used due diligence, he should have sven the error and corrected it. Judgment reserved. Common Pixas —Before Judge Ulshoeffer—J. L. Knapp vs. John Disbrow—This was an action on» promissory note for $975. On the 24 of June, 1846, one Jos! Royee, of Rochwster, purchased soiae fruit’ in this elty, and drew the note in suit to the order of the defendaat, which he endorsed; it was given to the plaintiff, who got it discounted at the North River Bank, and the money Was applied in payment for the fruit purchased by Royce, with the saslatance of plaintifl. On the ath of August, 1846, the day the note fell due, the plaintiff re- ceived a draft for $58 0 t, and $15 in cash, from Royoe, enclosed in a letter, but without di- rections as to hould be applied, The plaintifl’s firm then held s note for $316 16, that became due July 29, 1946, anc for $600, that fell due om the 2th August plaintiff's firm applied the mo- ney on the $316 16 note, and endorsed the balance op the $600 note. The note in suit was protested, and the plaintiff had to take it up, and brings his action against the defendant as endorser. ‘he defence was usury, and also that the $600 sent by Royce should be applied im Payment of the note tor $975. ‘The jury found a verdiot tor plaintiff for $409 14. For plaintiff, Mr, A. Thomp- son; for defendant, Mr. Terry. U. 8. Crncurr Counr— Before Judge Nelson—Wilder Gaiyter et al. cause, which was the patent cause referred to on Thursday, was given to the jury thisevening. Sealed verdict to-morrow (this) morning The War, PROM TRE PLAINS AND SANTA FE. « A letter to the St. Louis New ra, dated Fort Leaven- worth, Oct. 19th, says that a train of 400 or 500 oxen would leave that day to join the troops in the Upper Missouri. A train of ‘seventy-sight arrived at Fort Leavenworth from Santa be, on the 18th. Col. Eaton’s Battalion had srrived before they lett Santa Fe. A let- ter dated Santa Fe, August 23, says Colonel Eaton’s troops were yet in tents, but would soongo imto quar- ters. The privates of Company A have signed a paper requesting one of the Lieutenants to resign. Two more companies would arrive ina few days. There is plenty of provisions of all kinds, for the oon- sumption of the troops. Santa Fe hassix hundred houses ins valley surroun- ded by mountains. ‘The fort commands the town, aud the fountain which sup; it with water. ‘The tales of the voluateersare true. One would hard- ly believe them all, without being on the spot, ARMY INTELLIGENCE. The following is the letter of the Seo1 of War to the Quartermaster General of Tennessee, extending the call on that State to another regiment :— War Derantment, Washington, Oot. 6, 1847. Sin—The President has this day determined to extend the be for Pend pd Lad ‘Tennessee to another infan- try regiment, With view to their early organisation and departure for the seat of war, the G vernoe of Ten- nessee has been informed, in » communication this day addressed to him, making the requisition, that a prefer- ence will be given to the ten companies already raised, and who have tendered their services, as communica in your letter of the 20th ult. ‘The communiestion to his Excellency the Governor of your State, on this sub ject, will go by the eame mail which will carry this let- ter. A copy of this letter to the Governor of Tennessee is herewith enclosed to you. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War. Gen, Jas. A. Dexny,&. M. Gen, Tennessee, K oxville, Tenn. The United States transport steamer, the Beaufort District, sailed for Vera Crus on Tuesday last, ha board74 men und horses; and yesterday the ‘Gal and the Mary Burt, the former with 108, and the latter with 135 men and horses, of the Georgia battalion, de- parted for the same destination.— Mobile Register and Journal, 28th ult. 1 Mali Fail ures. At Petersburg, Va, the Now Orleans papers due Nov. 4th, did not arrive. [From the Mobile Register & Journal, Oot. 28.) At the time of our going to press, inte last night, the New Orleans mail due yesterday morning, had not ar- The Buffalo Commercial Advertiser, of Nov. 1st, 2d, and 3d, all came to hand at once to-day. Miscellaneous. A number of missionaries, consisting of the Rey. Caleb FE. Baldwin and wife, of Bloomfield, New Jersey; Rev. Seneca Cummings and wife, of New Hampshire, end Rey. Wm. L. Richards, of Brooklyn, (son of Mr. Ki , of the Sandwich Islands,) are about to embark for China from this port.—Phila. North American, Nov, 6, ‘The New Haven Bank are having new plates engraved in place of those which were pind ® sbort time a.noe, and the institution is cailing in all the old notes as fast as possible, New Youre Coars.—The Courrier du Hi the following serious charge against the supply of the French steamers at New York : coals supplied to the company at New York, and epe- clally those furnished to the steamer New York, were of « very inferior quality. From this cause the New York, | on her retarn voyage, was considerably retarded. These ovals were of such an inferior kind that the firemen were ‘¢ contains ita for the ‘The | | obliged to throw barrels of pitch into the fire in order to help them to burn’ We are inclined to think that the if such public publication bo not made, the partnersblp | fault, if any, is to be found with the I'rench themselver, | who are unaccustomed to the use of mineral coal, and | perhaps too impatient to learn how to manage it. ‘Tue Lark AccipeNt ON Tae MassacuusettTs axy Vexwont Raitroan.—It is now said that the recent catastrophe on the Vermont and Massachi roud, was less the result of accident than de- hat two bolts, essential to the stability of the bridge, were removed, and to this circumstance alone the ridge is traced. It is stated that had been some trouble among the laborers on the aod & portion of them had struck a day or two preceding. Hints were (hem thrown oat, foreshadowing 4 result sunilar to the dreadful calamity at Athol—and suspicion bas jullen on two persona as the guilty partien this report is based upon the story that several Irish iaborers, who had divagreed with their employers, made use of certain threats, previous to the accident, in Presence of two girls. Since the ecvident, these threats were disclosed by the girls; but latterly one of the giria has receded from ber statement, while the other re- wflirmis it. As to to the quality of the tron used on the | uridge, we leara that oue of the iron rods of the broken briage wos tested yesterday, in thia city, and sustained « weight of sixty tous — Boston 1 aveiler, Ath inst. I U. OF O. F.—'The Officers and Brothers of Warten * Lodge, No. 293 L OU. of U F., are reqnested Lo meet at © Room, on Saturday, the bth tom aut, at ha.f-past 12 (soon) to pay the last wibute of respect to our late G. John ivicol. Members of the order tiie to attend, JOUN BRIVTIN, REWARD ~Lef: his boarding house at ab man abot x v'elock, A. M., on the 3d inst 9 feet Binches in heigh lear, aud large whist pa '¥ grown out. 'd sack overcoat, black cloth v i colored pm lead & ree H al sor 1A Die of Birmigham, hn i. ' LEY, tormeriy Kham, Angland, a wine way 1a New York (nree ¥ dward Lioyd 119 Pinte street, she er advantage. “ae PAYLOK may the celevr w amy Balle Wan. Deve silt Clit e ex Wigs to wns street, wil be punctnally stter ysriines,