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

THE NEW YORK HERALD. Vol. XIIL No, 307..Whole No. 4004, ee Cour! Martial of Lieut. Col. Frement, Our reporter transmits from the offiee of the National Intelligencer, one day in advance of their publication, » copy of the charges and specifications against Lieut. Col, Fremont,for which that office|will accept our thanks, Charges against Lieutenant Colonel John C. Fremont, of the Regiment of Mounted Riflemen, United States irmy. vi Cuanoe L—Mutiny. Specificetion 1.—In this, that he, Lieutenant Colonel Jobn C. Fremont, of the ent of Mounted Riflemen. United States Army, being in command of s battalion of volunteers, organized in California for the United States service, havin, received the lawful command of his su- perior officer, Brigadier General S. W. Kearny, in the following words, to wit: ~ Hrapguantens, Ansty or tur Weer, Ciudad de los Angeles, January 16, 1847. “ By direction of Brizadier General —- 9 1 send you a copy of a communication to him from the Secretary of War, dated June 1846, in which is the ee “These troops, and such as may be omgenized in Call. fornia, will be under your command.” The General direots that no change will be made in the organization of your battalion of volunteers, or officers appointed in 4t, without his sanction or approval being first obtained, * "Very respectfully, WM. H. EMORY, Lieut. and Acting Assistant Adj Gen, “To Lieut. Col J. C. Fremont, Mounted Riflemen, Commanding Battalion California Volunteers ” And having received with this order » copy of instruo- tions from the War Department to Gen. Kearny, in the following words, to wit:— “Wan Deranraenr, Washington. June 18, 1846. ‘Sfin:* * * * [ have nothing of importance to add to the despatches which have been already forward- ed to you. 2 Since my last letter it has been determined to send a small foree round Gape Horn to California. “The arms, cannon, and provisiens to be sent to the Pacifie will be accompanied by one company of artillery of the regular army. A: ents are now on foot to send a rogimant of volunteers by sea. > “These peceeent such as oa te organized in Cali: fornia) be under your comman bis More then common solicitude will be felt here in re- gard to the expedition committed to you, and it is de- sired that you should avail yourself of all ocoas'‘ons to inform Government of your progress and pros- ta. vee The President desires your opinion, as early as you are in's situation to givelt, of the praoticability of your reaching California iu the course of this autumn or in the early part of next winter. I need not repeat the expression of his wishes that you should take military possession of that country, as soon as it oan be safely jone. “Tam, with great respect, your obedient servant, W. L. MARCY, Seoretary of War. “To Col, 8. W. Krannr:”” —Did reply to General Kearny and his order aforesaidin a written answer, in the following words, to wit : “Crupap pe Los Anortes, Jan. 17, 1847, “Sp have the honor to be in pete of your favor of last night, m which I am directed to suspend the exe cution of orders which, in ey capacity of military com- mandant of this territory, | had repeived from Commo- a Stockton, Governor and Commander-in-chief in “ Tavail myself of an early hour this morning to make such a reply as the briet time allowed for reftection will enable me. “1 found Commodore Stockton in jession of the country, exercising the functions of Military Comman- dant and Civil Governor, as early as July of last year; and shortly thereafer I recetved from him the commis- sion of Military Commandant, the duties of which I im- mediately entered upon, and have continued to exercise to the present moment,’ I found also on my arrival at this place, some three or four days since, Commodore Stockton still exercising the functions of Civil and Mili- tary Governor, with the same pe tae deference to his ‘rank on the part of all officers (including yourself) as he maintained and required when he assumed in July last * T learned also in conversation with you that, on the march from San Diege recently to this place, you enter- ed upon and discharged duties implying an owledg- ment on your part of supremacy to Btook- ten. “I feel myself, therefore, with great deference to your r sl and personal charsoter, constrained to s4y hat, until you and Commodore Stockton adjust be- tween yourselves the question of rank, where I respect- pie 4 think the diffculty belongs, I a have to report and bcrsagie Mem as oer from “pe —— considerations o! regard, I am. tir, your ‘obedient servant, = J. C, FREMONT, Lt. Col. U. 8, Army, and Miiltary Commandant of the Territory of California. “To Brig. Gen. 8. W. Keanny, U. 8. Army.”” And did thereby refuse to obey the: aforesaid lawfal command of his superior officer, Gen. Kearny, or to re- cvive and any other order from him; but did de- olare hit to the Military Commandant of the ‘Territory of California; thereby resisting and throwing off the authority of his superior officer, there present, exercising command by orders from the President of t! United States, and placing himself in open mutiny against said superior offcer. This at Ciudad de los An- geler, California, on the seventeenth day of Ji wvighteen hundred and forty seven; notwithstandii had onthe thirteenth of January, eighteen hundred and forty-seven, officially reported his battalion to Brig- General Kearny, by writing in words fellowing, wit :— “Ow tHe Mancn, January 13, 1846, Drax Sin: I have the honor to report to you my arri- val at this place with 400 mounted riflemen and six saad of artillery, includi paens Oe eee two pieces lately An the possession of the Calit 8. Their entire force under the command of Don Andre Pico, have this day laid on their arms and surrendered to my com- man “Very respectfall; it obedient servant, and Fe aC. FREMONT, Lt. Col. U. 8. Army and Military Commandant, of the Territory of Californias. “Brig. Gen. 8S. W. Kransy, Commanding U 8. forces, Pueblo de los Angeles,” Speevfiestion 2 —In this. that he, Lieutenant Colonel John C. Fremont, ofthe regiment of Mounted Riflemen, United States Army, being in command of a battalion of volunteers, organized in Cal'fornia, which were placed by the aforesaid orders of the Seoretary of War of June eightsenth, eighteen hundred and forty-rix. under ,the command of Brigadier General Kearney, did issue an or- der to Captain J, K Wilson, at Angele: y five, eighteen hundred and forty-seven, in the following ‘words, to wit: “Ana “To Capt. J) K. Winson, Light Ai “Sir-- You are hi January 25, 1847. lery:— eby authorized and directed to raise 8 company of men to constitute the second company of illery in the California serviee, and for that purpose ¢ daiached from your present command, You will please report the number you may be able to enlist with an little delayas possible, You are autho- rv 0 enlist the men for three months, and to promise them, as compensation, twenty-five dollars per month. Respectfully, J. C. FREMONT, “Lieut. Col. commandsng California forces in United States service ” ‘Thereby raising and attempting to raise troops in viola- tion end contempt of the lawful command aforesaid of his superior officer, Brigadier General Kearny, of date January 14th, 1817, and thereby seting openiy in de anco ofand in mutiny against the authority of his s perior officer aforesaid, dy ising and attempt! raise troops, and by proclaiming himself to be and as- fuming to act as the commander of the United States foros {a Californit . Specification 3.--In this, that he, Lieut. Col. John C. Fremont, of the regiment of Mounted Riflemen, United States Army, being in command of a battalion of mor ed riflemen. organized in CaQWforcia for the United Staten service, which was placed orders aforesaid from the Secretrry of War, of June 18, 1846, under com- “tof Brigadier General Kearny, did, at Ciudad de les, Califorain, on the Sth day of February, 1847, enn order to Louis McLane, « Paseed Midshipman in the United States Navy, in the following words, to witi— “Crvpap pe Los Anceces, February 6, 1847. Sin:—I feelit my duty, as the representative of the United States Governmant in Californta, to instruct you to proceed forthwith north, as far ae in your dircretion may seem neoeseary, and exercise your best efforts in en- listing troops for the term of six months, compensation to be $— per month, to be employed in the service of the ‘United States and at such points in the Territory of California asin my jadgment they are most required. ‘You are furthermore instructed to woeen as fer as the town of Yerba Buena, on the San Francisco Bay, and exam'ne diligently inte the state of the naval or military defence of that town, and particularly to inquire into the bust means of fertifying the mouth of the bay against tho Ingres of all enemies; and | particularly recommend to you to cause to be forthwith commenced the erection of ator or retter, on White Island, calowlated when completed to prevent the enterance of any ship oF vensel that may be ferbidden to ‘0 so by the said United States “To enable youve onrry into effect the foregoing in- structions, you are hereby authc rised and required to call on all officers under my command to extend to you wny asslatance of money, men, or prcperty that in yeur judgment may be necessary fully to accomplish the an witness whereof, I have hereunto set my hand and affixed my seal, at the oft of Celifornia, this date before written, . C, FREMONT, Governor ot Califormia, .. Beoretary of Sta’ . ANT, ited States Army, California Regiment.’’ Thereby raining and attemptiny violation and contempt of the mand ofhis superior offleer, Brigadier General Kearay. dated January sixteenth, sigh hundred and forty- seven; and thereby acting in Finance of the authority,and in rautiny against bia superior officer aforesaid, in raising and attempting to raine these }, and in aiming himself to be and in assuming to act as the Governor of Cotifornia, Sperification 4.—In this, that he, Ligutenant Colonel John C, Fremont, of the regiment of mounted riflemen, United States Army, being im command of a battalion ot mounted riflemen, organized in California, for the United Staton service, and placed orders aforesaid from the Se of War, of June eighteen, vighteen han and for hae under command of Brigadier General Kearny: did, at Ciudad de lon , Cali. fornia, on the seventh of February, cighteen hundred and forty-seven, write to Commodore Shubrick, com- manding the United States naval forces in the Pavifie, » tor, In worda ) bo witi— Wiad Se baa ae PON Nt to raiso troops in esaid Jawful com- NEW YORK, TUESDAY MORNIN G, NOVEMBER receive your favor of the 25th ultimo, and, fully coincid- | ing with the opioion that you se oagee that s 00-opera- ton of our ye comman a8 & precautionary ig of primary importance, [| hasten to acknowledge its reecipt, and to you my earnest desire to see you and consult on the measures calculated, in our jud, ita, to be the most certain of making our labors comduce | to the interests of eur government. “ Not having had, as you remarked, any communica- tion since your arrival on this coast, with Commodore Stockton, you seem not to have been made acquainted with the fact that, by a commission from the Commo- dore, | had been plosea in command of the territory as civil tpt wi 1 beg leave herewith to communi- eate to you: “Tt is also. per to advise you that Gen. Kearny, who comes to C: with instructions from the Secretary of War, dated as carly as June last—designed for a state the coun- intend. of affeire whioh he by no means found, to w! try still w juered, and which ofcourse rent circumstances, cannot ba cation here—claims himself to have supreme coi in California; which position | felt it my duty to deny him, and in language respeotful but decisive of my pur- pose communioated to him. “The subjoined reasons led me to the conolusion | ‘he conquest of California was undertaken a completed by the joint efforts of Commodore Stoek- ton and myself, in obedience to what we regarded para- mount duties from us to our government. That done, the next necessary step in order was the organization of a civil government, designed to maintain the conquest by the exercise of mild and wholesome civil restraints over the people,rather than by the iron rule of a military force. “The result of our labors—which bag gy v4 what ‘the inatructions of Gi: puss J ry the approval or al of the government oneral Kearay's ped) being, therefore, to the letter, fully antiolpated by others, [did not feel myself at liber. ty to yield a position so ii it to the interests of my country, until, after a derstanding of all the yan dait should be the pleasure of iny goverament that should = 80. be m-fatt i “I trust 1 explanation w: ly satisy you that the poate f take is an incident to the extraordi- nary circumstances surrounding me, and is borne out by arigid adherence to the line of duty. “The insurrection which broke out in September d whioh it required a considerable force and « xpenditure of money to put down, hi 4 condition for fun men, and to cancel 4) yy the Quartermaster Com. partments of the command. If, therefore, you can at an early day advance me a considerable sum of money, it will tend greatly to swbserve the interests of the country and relieve an embarrassment which, as an officer of the government, heavily presses me, “Lstart, simultaneously with this,s courier to the United States with important despatehes, but thinkin, that perhaps you might wish to avail yourself of so goo an opportunity of forward! deep ches, [have ordered him to remain on the border of the settlements until the return of my courier from you. The Lapregs point wh my courier will remain recruit: his animals being at time unknown to me, you will please send your des- patches by the return oourier to me, and! will forward them to'the party homeward bound, “With considerations of high respect, | am, sir, your obedient servant, J.C. FREMONT? Governor of California. “To Commodore W. Branford Shubrick, Commanding U. 8. Naval forces in the Pacific Qoean, Bay of Monterey.” -Thereby continuing and re-asserting his resistance of the lawful authority of bis superior officer, Brigadier General Kearny. assuming to be Governor of Galifornia, and endeavoring to persuade the said naval commander to support and oouatenance him in his mutiny against his suid superior and soremeniing officer. Specification 5.—In this, that be, Lieutenant Colonel Jobn C. Fremont, of the regiment of mounted riflemen, United States army, being in command of a battalion of volunteers, a in California for the United States service, and placed under command of Brigadier General Kearny, foresaid orders from the War Department, dated June 19, 1846, did, at Angeles, on the 11th of Feb- Fuary, 1847, write to W. P. Hull, in the following words, to wit :— “Goveanment House, Ancrrxs, Feb. 11,1847, ‘o Hon. Witiarpo P. Haru. in: The position 1 oceupy as the chief representa- tive of the United States Govermment in California, ren- dere it an imperative duty on me that | should prudent- ly but with energy, exert all the power with which | am clothed to retain the conquest we have made, and strengthen it by all means ible. “The executive office of @alifornia, which, | under- —— centres wep aie, civil and aoe a e territory.was ly assigned m. S . Ler last, apd my entering on acaniones ype pene ned only in consequence of an insurrection that Broke out in this portion of the territory, which it took some te quell; that done, I assumed the office of Governor, as had been previously arranged. “learn with sur and mortification that Gen. Kearny, in obeniezice to what I cannot but regard as ob- solete instructions from the Secretary of War, means to question my right, and, viewing my position and olaim clear and indisputable, I cannot, without considering myself de: elict to my trust, and unworthy the station of o an Amerioan officer, yield, or to permit myself to be in- terfercd with by any other, until directed to do so by the proper aut oritien at home, predicated on full ani ample despatches that 1 forwarded to Washington as early as August of lust year. require the co-operation, with a view to the impor- tant object of preserving the peace and tranquillity of California, of every American citizen snd soldier in the territory, and must expressly inhibit from all quarters all arguments and intimations that may tend to weaken my suthority, by inducing the belief that my present ition is ap act of usurpation, unjust, and will not be sanctioned by my government. “Intimations, not perhaps susceptible of positive and bigh character as ® member of the Ame! gress, in your intercourse with the citizens of this place and the troops under my immediate command, to raise doubts, if not questioning altogether, the legitimacy or validity of my tenure of offica, “I feel myself constrained, therefore, in obedience to the behests and high interests of my governm well as the respect | 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 » confident belief that you must, on re- flection, concur with me in thinking that at thie junc- ture any move calculated to weaken me, or embarrass, must be inexpedient and iaspeowesst trusta frank nega- tive answer irom you will dissipate my doubts, and ad monish me that the inquiry { have made was altogether unuscessary. “ With considerations of high dient servant, 1 respect. | am J.C, FREMO: “ Governor of California ” —Thereby avowing and justifying his resistance and mu- tiny against his superior officer, Brigadier Gen Kearny, and endeavoring to persuade and incite the said Hall, a person of influence in California, to aid and abet him therein, and to prevent said Hail from supporting the lawful authority of Brigadier Gen. Kearny. Specification 6 —In this, that he, Lieut. Col. John C. Freinont, of the regiment of Mounted Riflemen, U. 8. Army, did, at Ciudad de los Angeles, on the second of March, eighveen hundred and forty-seven, in contempt of the lawful authority of bis superior officer, Brigadier General Kearny, assume to be and to act as Governor of California, in executing a deed or instrument of wri- ting in the following words, to wit:— “In consideration of Francis Temple having conveyed to the United States of North America a certain island, eemwires | called White or Bird Island, situated near the mouth of San Francisco Bay J, J.C. Fremont, Governor of Californis, and in virtue of my offiow as aforesaid, oo obe- hereby eblige and bind myself, as the legal representa- tive of the United States, and my successors in office, pay the sald Francis Temple, bis heizs, or assigns, the sum of five thousand dollars, (5,000) to be paid ut aa carly ay as possible after the receipt of funds from the United States. “In witness whereof, I have hereunto set my hand, and have eaused the seal of the Territory of California tobe affixed, at the Ciudad de los Angelrs, the capital of California, the 2d day of March, A. D. 1847 “J.C. FREMONT, “Governor of Californis, “ Attost—Wo. H. Rusexit, Secretary of State.” Specification 7.—In this, that he, Lient. Col. John C Fremont, of the regiment of Mounted Riflemen, U. 8. army, being in command of a battalion of volunteers or- anized in California for the United States service, which y aforesaid orders from the War Department, dated June eighteenth, eighteen hundred and forty sx, were placed under command of Brigadier Generul Kearny, and having been officially informed by W. Branford Shu- brick, as Commander-in-ohief of the naval forces in the Paoifle, in a letter dated U. 8, ehip Independence, Mon- foray, Februsry twenty-three, thteen hundred and fourty-seven, in the followin, ds, to wit: General Kearny, | am instracted, is the commanding eet A officer in fornia, and invested by the President wit! the administrative functions of government over the people and sfernitory (” ‘and haviog recrived, on the eleventh of March, eighteen hundred and forty-seven, from General Kearny, by the hands of Captain HS. Turner, U. 8. Army, & cireult r proclamation, in the fol- “CIRCULAR, lowing words, to wit: “To all whom it may concern: Be it known, that the President of the United States, desirous to give and se- cure to the pons of California, a share of th da a vernment and happy civil organization enjoyed by ihe people of the United States, and to protect them at the same time the attacks of foreign foes and from in- ternal commotions, has invested the undersigned with separate and distinot powers, civil and mili , ecordial co-operation in the exercise of which, it is hoped and believed, will have the happy results desired. “To the commander in-chief of thé naval forces, the President has the regulation of the import tra e; the conditions on which vessels of all nations, our own as well as foreign. may be admitted into the portso. the territory ; and the establishment of ali port regulati’ ns. ivy the commanding military officer, the President has assigned the direction of the operations on land, and has invested him with administrative functions of fe. vernment over She persia and territory oceupied by the forces of the United States. “Done at Beaterey, espltel of California, this first day jarch, A. 7 of Marehy A: tw. BANFORD SHUBRICK, Commenter ta oie of, AT Naval Forces,’ Wi, “Brig, Gen, U, 8. Army and of California.’ And having ot the same time, on the eleventh day ef March, eighteen hundred and forty-seven, reoelved from Brigadier General Kearny, by the hands of Captain H. 8 Farner the followii Bader, in terms, to wit: ~Onpens,? Heapnun: No. M 8-47. " lonterey, ‘Al. With s view to regular payment, it is necersary that the battalion of California volunteers, now under the command of Lieut. Col. Fremont, of the army, and stationed at Ciudad de los es, if not origiaally mustered under the law of May 13th, and the supple- mental law of June 18th, 1846, ld now be mustered into service under those lar ‘This muster will be made at onde Lieut. Col. Fremont. Should any men of that ion be unwilling to continue in service under the above named hey will be conducted by Lieut. Col Fremont to juena, vis Monterey, and be there discharged. “II, Lieut Col. P. St. G. Cooke, now in the com- mand of the Mormon battalion, is entrusted with th supervision of the Southern Military District, for th protection and defence of which he will make the necer command (to conslat of cot pany C, first dragoons, the Morman battalion, and the California volunteers) at such places as he may deem mort eligible. “ay order of Brig. Gen. 8. W, Kou ‘iri . 9, TURNER, tain A. A. A. General.”’ —Did, at Ciudad de los Angeles, on the Afteenth day of March, eighteen hundred and forty-sev a, issue orders to Captain Richard Owens, in the wi ids following, to “Civpap px Los Amazes, N ich 16, 1847 in the performance of a 2 of my official ¢ becomes necessary that { sho id visit, in per- son, the Northern district of the territo y, where | shall probably be detained some fifteen ox tty nd the better to possess you of my views in ay abse: te render your authority in the meanti » undout te have considered it proper to issue th » following or- it. You will eontinue with the ent 1 battalion at San Gabriel, observing order, vigilanoe, ind exercising as much discipline as in your discretion jan be prudent ly enforced. “2d. You will make no move whatev: :from San Ga- briel in my absence, unless to repel an ctual invasion, or obey the order of any officer that do # not emanate from me “3. You will take the best possible os :e of the public armsand munitions belonging to the command, and turn them over to no corps without my special order. “4th. The general police of the garrison, and strict regard to the public interest will, of course, as command- ant ad interim, constantly engage your best efforts, “ Very respectfully, ‘Your chedient servant, “5.6. F “ Lieut. Col. U. 8, Army, and Comi “California Battalion, “ To Captain Richard Owens, Acting Commandant of California Battalion.” —Thereby himself? resisting the: authority and disobey- ing the orders of Brigadier Gen. Kearny, “as conveyed to him in the aforesaid Order No, 2 of the 10th Militar: Department, by continuing in service the entire Call- fornia battalion contrary to said orders; and by order- ing the battalion to remaia at San Gabriel, contrary to the said orders from Brigadier Gen. Kearny to march them to Yerba Buena ‘hereby further inciting and ordering said Owens, with the force of this bat- talion which he had placed under said Owen’s command, to disobey the order and resist the authority of any offloer but himself, and specially 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 24th of Maroh, 1847, refuse to submit to the authority of Lieut. Col. P, St. G. Cooke, appointed in the aforesaid depart- ment orders by Bri ler Gen. Kearny to command the district in which his battalion was stationed; did refuse to surrender to said Lieut. Col. Cooke, or permit said Lieut Cooke to take possession of two howitzers brought by the lst from Fort Leavenworth and then at Ssh Gabriel; which said mutiny and resistance of lawful authori by said Capt. Owens was by the incitement and positive orders as aforesaid of Lieut, Col. J. C. Fre- mont; notwithstanding he, Lieut. Col. J.C. Fremont, had officially informed Capt. Turner, at Pueblo de los Angeles, on the 2th of March, 1847, that he would obey und execute the suid orders of Brigadier Gen, Kearny, towit: 10th Military Department Order No. 2, dated March 1, 1847. Specification 8.—In this, that he, Lieut. Col. John C. Fremont, of the regiment of mounted riflemen, United States army, being in command of a battalion of yolun- teers organised in California for the United States ser- view, having, on the 11th day of March, 1847, received the lawful order of his superior officer, Brigadier Gene- ral Kearny, to wit, the aforesaid Orders No. 2, dated Headquarters, 10th Military Department, Monterey, Maroh 1, 1847, whereby be was ordered to march suc! Part of said battalion as refused to be mustered into ser- vice to Yerba Buens, there to be discharged, did refuse to obey said order, and did make known bis refusal to Lieut. Col. Cooke, commanding the district in whieh his battalion was serving, by a wriiten communication, in terms, to wit:— “Ciupap px Los Anceies, March 16, 1847. “3ir—I am directed, by Gov, Fremont to acknowledge a few moments since the receipt of your communication of the 14th inst., and inreply to say, that the yolunteers constitucing the Calif ja ‘battalion, decline. without an individual exception, to be mustered into the United ried Latins St yn to Order No. 2 of the 10th ‘ary Department referred to by you. “The Governor considers it unsafe af this time, when rumer is rife, with # threatened insurrection, to dis- cbarge the battalion, and will decline doing s0; and, whilst ay remain in service, he regards his force quite sufficient for the protection of the artillery and ordnance stores of the Mission at San Gabriel. “1am, with considerations of respect, your obedient servant, WM. H. RUSSELL, Seoretary of State. “To P. St, Gronae Cooxe, Lieut. Col, Comdg. Mission San Louis Reg,” —Therein still aesuming to be and act as Governor of Ca- lifernia, retaining in service an armed force contrary to the order af his suporior officer, Brigadier Gen. Kearny, and refusing to march them according to his orders. Specification 9.—In this, that be, Lientevant Colonel John C. Fremont, of the Regiment of Mounted Rifle- men, Uvited States Army, being incommand of a battal- fon of volunteers organized in California for the United States service, and under the lawfal command of Briga- dier General Kearny; and, having reovived, on the 1th of March. 1847, at Ciudad, de los Angeles, as set out in the seventh specification to this charge, due and off- olal notification from Brigadier General Tearny and Commodore Shubrick that the President of the United States had invested General Kearny with the military command in California, and with the administrative functions of government’ over the Prcple and territory occupied by the forces of the United States, did, never- theless, at Ciudad de low Angeles, on the 2lat day of Maroh, 1847, issue the following order to the Collector of the Port of San Pedro, in terms, to wit : Ciupap pe Los Anagtes, March 21, 1847, “Bir: You are hereby ordered and permitted, in the case of F. Huttman, to receive Government payment in payment of his custo:n-houre dues. Very reapectfully, J. C. FREMONT, Governor of California By WM. H. RUSSELL, Secretary of State. “To Davin W. ALExanpen, Collector of the Port of San Pedro.” —Thereby assuming to be and to act as Governor of Ca- lifornia, ia contempt of the anthority and in usurpation of the powor of his superior officer ; whereby the Colleo- tor aforesaid did receive in payment of customs, the cer- tifloates of the Staff officers of his battalion of Californin volunteers, to the amount of seventeen hundred and thirty-one dollars forty-one and « half cents, which paper was purchased by the holder, from whom tae collector was ordered to reovive it, at w discount of thirty per cont. Specification 10.—In this, that he, Lieutenant Col. Jobn C: Fremont, of the regiment of mounted riflemen, United States army, after he had been duly informed by his superior cMfoer, Brigadier General Kearny, that he, General Kearny, had been invested by the President of the United States with the command of the troops in California, by exhibiting to him, Lieutenant Colonel Fremont, on’ the 16th day of January, 1847, at Cludad de los Angeles, the aforesaid orders from the War Do- partment, dated June 18, 1946, did, notwithstanding, disregard and set aside the lawful authority of sald m- perlor officer, and did himeelf usurp and exercise the fanotions of said superior ofloer in the following official acts and matters, to wit :— First. In ordering a general Court Martial at Ciudad de los Angeles, on tha 24th of January, 1847, by his own authority, and in the order proclaiming himself to be and assuming to not as“ the Military Commander in Chief of Californi Second. In publishing general order at Cludad de Jos Angeles. on the 25th of January, 1847, in which he, Lieut, Col. Fremont, is atyled " the Military Commander io Chief of California.” ‘Third. In approving at Ciudad de los Angelos, on the 27th of Junuary, 1847, the proceedings of « general court martial, called as aforesald by his order of January a, 1817, by which court martial Private George Smith, of the California volunteers, was sentenced to twenty-two 4 Liout. Roch sentenced’ to be himself to be,and in assuming general crder aforesaid approving said pro- ga,‘ the Governor of California.”’ Fourth. In accepting, by a general or.ler published at Angeles, on the 13th of February. 1847, the resignations of the following commissioned officers of the Cullfornia talion of volunteers, to wit:—Captain H. 1. Ford, tain Samuel Gibson, Captain Wm, Findlay, Lieuts, W, Baldridge, Rhensaw, W. Blackburn, J, Scott, J. R. Batton, and J. M. Hudspeth, in contempt and violation of the’ aforesaid order, dated 16th of Januxty, 1947, wi he had reosived from Brigadier General Kearny, at Ciudad de los Angeles, on the 16th day of January, 1347, Specification 11,—In this, that he, Lieut Col. John ©. Fremont, of the regiment of Mounted Riflemen, United States army, did fail to obey the order of Brigadier Gen. Kearny, to repair to Monterey, a8 communicated to him verbally by Brig. Gen. Kearny on the 26th day of March, 1847, and 4 in writing on the 26th of March, 1847, in the words following, to wit :— “ Heapquaatens, 101m Minitany Deranraenr, Monterey, California, March 28, 1847. i “ 8tn,—This will be handed to you by Col. Mason, lat dragoons, who goes to the southern district, clothed by me with fall ar to give much orders and instruo- tions in that section of country ashe may deem proper and necessary, Any instructions he may give to you will be considered as coming trom myrelf “I deem it proper to suggest to you that, should there the Pueblo any unsettled acccunts or demands Government, ineurred by your orders or we Nias mabe | eee sar eeed from here to Washington city; and should there be any of the party which accompanied you from Missouri still with you, and under pay from the Topographical De- congemne you will cause them to come fo thie place. at they nay be returned home, and discharged, and be of no further expense to the United States, unless they prefer being discharged at once in this country. “In twelve days after you have embarked the volun- teors at San Podro, | desire to see you in this place. “ Very respectfully, your obedient servant, S W. KEARNY, Brig. Gen. and Governor of California. “Lieut. Col. J c Fremogt. Regiment of Mounted Riflemen, Commanding Battlion California Volunteers.”” —But did remain at Ciudad de los 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 Cuance Il—Disoweorexce or tHe Lawrut Commanns ov M18 Surenion Orvicen Specification 1 —In this, that he, Lieut. Col. John C Fremont, of the regiment of mounted riflemen, United Statesarmy, being in command of a battalion of volun. teers, organized in California tor the United States ser- vice, having received the lawful command of his superior Meer, Brig. Gon 8. W. Kearny, in the following words, to wit:— “Meapqvantens Anmy op tue West, Civp-0 ve Los Anceces, Jan. lt 1847. i “By direotion of Brig. Gen. Kearny, [ send yous oopy of a communicatio~ to him from the Secret fy of Wai, dated June 18, 1841 in which £:— These troops. and such as aay be 01 fornia, will be under your comand’ The @eneral dir ita that no change will be mad : in the organization of our batts. lion of volunteers,: ¢ officers appointed int, without his sanction or app val being first obtained, “Very respectfi ly, “WM. -H. & (ORY, “Liat » d Aeting Assistant Adji General. Lieut Col ) C Fremont, unted riff aen, commanding attalion -f California Volunteers And having rece! ed with this order acop; tions from the War Oepartment to Gen, Ket following words, to #it:— of instruo- ny, in the — 9, 1847. “Wan Deran sment. Wasminaton, Jun .18, 1846, “Sir:-- * * * Thave nothing of im jortance to add to the despatches which have been alrea, ly forward- ed to you. "6 “ Since my last, fe has been "determined to ond a small force round Cape Horn to California. “The arms, cannen, and provisions to be sent to the Pacific, will be accompanied by one company of artillery of the regular army. Arrangements are now on foot to send a regiment of volunteers by sea, “ "These troops, and such as may be organized in Call- fornia, will be under your command. ‘More than common solicitude will be felt here in re- gard to the expedition committed to you, and it is de- rired that you should avail yourself of all occasions to inform the government of your progress and prospects. The President desires your opinion, as early as you are in a situation to give it, of the practicability of your reaching California in the course of this autumn or in the early part of next winter. I need not repeat the ex- pression of his wishes tbat you should take military jon of that country as soon as it can be safely 1 am, with great respect, your obedient servant, W. L. MARCY, Secretary of War. “To Col. 8. W. Kranny.”? —Did reply to Gen. Kearny, and his order aforesaid,in a written answer, in the following words, to wit:— “Ciupap pe 108 Anar.es, Janusry 17, 1847. “Sir—I have the honor to be in receipt of your fa of last night, ia which I am directed to suspend eoutiom of orders which, in my capacity of Military Cor mandant of this Territory, | had received from Commo- dore Stockton, Governor and Commander-in-Chief in California. “1 avail myself of an early hour this morning to make such a reply as the brief time allowed for refiection will enable me. “1 found Commodore Stockton in jession of the country, exercising the functionsof Military Comm: dant and Civil Gevernor, as early as July of lasty: and shortly thereafter I received fom him the com sion of } ‘ary Commandant, the duties of which I im- mediately entered upon, and have continued to exercise to the present moment. “I found, also, on my arrival at this place, some three or four days since, Commodore Steckton still exercising the functions of Civil and Military Governor, with the same apparent deference to his rank on the part of all officers (including yourrelf) as he maintained and re- quired when he assumed in July last. “T learned also, in conversation age sre that, on the march from San Diego, recently, to this pl tered upon and discharged duties, implying a on your of supremacy, to Commodore “I feel, therefore, with great deference to your profes- pele pereonal character, constrained Fb say that, untif you and Commodore Stockton adjust between yourselves the question of rank, where I respectfully think the difficulty belongg,| shall have to report and re- ceive orders, as heretofore, from the Commodore, “With considerations of high regard. I am, sir, your obedient servant. J.C, FREMONT, Lieut. Col, United States Army, and Military Commandant of the Territory of California. ‘=“To Brig. Gen. 8. W. Keanny.U, 8, Army.” And did thereby refuse to obey the aforesaid lawful com- mand of his superior officer, Brigadier Generel Kearny, and did thereby refuse to receive and obey any other or. der from him, This at Ciudad de los Angeles, on t! 17th of January, 1847, notwithstanding he had, on the 13th of January, 1847, officially reported his battalion to Brigadier General Kearny, by writing, in words follow- ing! to wit :— “Ox tHe Mancn, January 13, 1846. “Dean Sin: I have the honor to report to you my ar- rival at this place with four hundred monnted riflemen and Aix pieces of artillery, including among the latter two pieces lately in the possession of the Californians. “Their entire foroe, under the command of D. Andre Pico, have this day laid down their arms, and surrender- ed tomy command, “Vey respectfully, your obedient rant, “J_C. FREMONT, “Lieut. Col. U. 8, Army, and Military Com: dant of the Territory of California. “Brig. Ger W. Krarny, “Com ding U. 8. forces, Pueblo de los Angeles ”* Specification 2 —In this, that he, Lieutenant Colonel John C. Fremont, of the regiment of mounted riflemen, U.S. army, being in command of a battalion of volun- teers organised in California, which were placed by the aforesaid orders of the Secretary of War, of June 14, 1844, ater the comm ynad of Brigs dier Gouersl Kearny, did fegue an order to Captain J. K. Wilson, at Angeles, January 25, 1547, in the following words, to wit: “Anorirs, January 25, 1847, “Capt. J. K. Witsox, Light Artillery : “Sir: You are hereby authorised and directed to raise @ company of men, to constitute the second com- pany ofartillery in the California service, and for that purpsre are detached from your present command. "Vou will please report the number you may be able to enlist with as little delay as possible. “You are authorised to enliet the men for three months, and to promise them as compensation twonty- five dollars per month, Respectfully, “J, ©. FREMONT, Lieut. Col. “Commanding Californian forces in the U. 8. service.”’ And did thereby disobey the aforesaid lawful command of his superior officer, Brigadier General Kearny, dated January 16,1847, Specification 3.—In this, that he, Lieutenant Colonel John C. Fremont, of the regiment of mounted riflemen, U.S. army, being in command of a battalion of mounted riflemen, organised in California for the United Staten nervice, which was placed by orders aforesaid from the Secretary of War, of June 18, 1846, under command of Brigadier Goneral Kearny, did, at Cuidad de los Anj les, California, on the 5th day of February, 1847, issu order to Louis McLane, a Passed Midshipman in tl United States Navy, in the following words, to wit :— “Ciypap pe Loy Axanis, February 5, 1847. “Sin: [feel it my duty, as the ropresentative of the United States government in California, to instruct you to proceed forthwith ncrth, as far as in your discretion may seem necessary, and exercise your best efforts in enlisting troops for the term of six months,compensation to bo —— dollars per month, to bo employed in the ser- viee of the United States, and at such points in the ter- ritory of California asin my judgment they are mort re- juired. You are furthermore instructed to proceed as far as the town of Yerba Buvna,on the San Francisco Bay, and examine diligently into th: state of the naval ormilitary defences of that town, and particularly to in- quire into the best meana of fortifying the mouth of the bay against the ingress of all enemies ; and | partioular- ly recommend to you to cause to be forthwith oommeno- ed the erection of a fort or battery on Whito Island, cal- culated, when completed, to prevent the entrance of any shipor vessel that may be forbidden to dogo by said United States. “To enable you to carry into effect the foregoing in- structions, you are hereby authorized and required to call on all officers under my command to extended to you any assistance of money, men, or property that in your judgment may be necessary fally to accomplish the same “In witness whervof, | have hereunto set my band and affixed my seal, at the capital of California, thin date be fore written. J. © FREMONT, “Attest Governor of California. “Wo. H. Russrit, Secretary of State, “To Major Louis MeLane, U. 8, Army, California Regiment.” —And did theroby disoboy the aforesaid lawful command of his superior oMoer, Brigadier General Kearny, dated January 16, 1947, Specification 4 —In thi®, that he, Lieutenant Colonel John C. Fremont, of the regiment of Mounted Riflemen U. 8. Army, being in com teers organized in Californ! vice, which b; ra from the War Depa mont, dated June 18, 1846, were placed under the oom- mand of Brigadier General Kearny, and having been officially informed by W. Branford Bhubrick, as com mander-in-chlef of the naval forces in the Pacite, etter U. %. ship Independence, Monterey, rary 23, 1847, in the following words, to wit" en Kearny, fam instructed, 1s the commanding mil officer in California, and invested by the the administrative functions of government over the peer and 5” and having rene! 11th | ‘arch, 1847, from Gen, Kearny, byt ¢ h HS. Turner, U. 8. Army, acircular procl following words, to wit : “ermeunan. “ To all whom it may concern: Belt known, that the President of the United States, desirous to give to th people of O tn share of the good end ie = a od the undersigned with separate and distinot powers, civil and military, a cordial co-operation im the exerolse of which, it is hoped and believed, will have the happy results desired. “To the commander-in-obief of the naval forees the President has assigned the regulation of the import trade, the conditions om which veasels of all nations, our own an well as foreign, may be admitted imto the ports of the Territory, and the establishment of all port regu- ions. _“To the “sommanding military oMlcer the President ting aasigoed the direction of the operations on land, and has invested him with administrative functions of go- vernment over the people and territory occupied by the forees of the United States. “Done at Monterey, capital of California, this Ist da: of March, A.D. 1847) late W. BRANFORD SHUBRICK, “ Commander-in.chief of the Naval forces, 8. W. KEARNY, jen. U. 8. A. and Governor of California.” t the same time, on the Lith day of March, from Brigadier General Kearny, by the hands of Captain H. 8. Turner, the following order, in terms, to wit:— ‘ ‘Onvens?) Heapquanrens Tentu Mititany Drer., No, 2 Monterey, March 1, 1847: os : Army, aad stationed at the Cuidad de los Angeles, if not originally mustered under the law of May 13, and the supplemental law of June 18, 1346, should be now mus- tered into service under those laws. ‘This muster will be mado at once by Lieut. Col. Fremont. Should any men of the battalion be unwilling to continue in service under the above named Jaws, they will be conduated by Lieut. Col. Fremont to Yerba Buena, * beer diehard via Monterey, and “1 leut. Col. P. St. G. Cooke, now in command of the Mormon battalion, is entrusted ‘with the rupervision of the southern military district, for the protection and defence of which he will make the ne provision, posting his command (to consist of company (;, 1st dra: goons, the Mormon battalion, and the California volun. teers) at such places as he may deem most eligible. ® By order of Brig Gen. 8. W. Kearny. H. 8. TURNER, tpain AA. A. Generai.”’ Febldjat Ciudad de loe Angeles, on the 16th day of March, 1847, lasue orders to Captain Richard Owens, in the words following, to wit :— * Ciupap Le Los Axarues, 16th March, 1847, “ Sim :—In the performance of a portion of my official duties, it becomes necessary that I should visit in person the northern district of the territory, where I shall pro- bably be detained some fifteen or twenty days; and the better to possess you of my views in my absence, and to render your authority in the meantime undoubted, I have considered it proper to issue the following orders:— +, Ist. You will continue, with the entire battalion, at San Gabriel, observing order, vigilance, and exerolsing as much discipline as in your discretion oan be prudent- ly enforced. “2d. You will make no move whatever from San Ga- briel im my absence, unless to repel an actual invasion, or obey the order of any offlcer that does not emanate from me. “ 3d. You will take the best possible care of the pub- lic arms and munitions belonging to the command, and turn them over to no corps without my speolal order. “4th. ‘The general Polloe of the garrison, and striot regard to the public interest, will, of course, as Com- mandant od interim, constantly engage your best efforts. ™ Very respectfully, your obedient servant, “J.C. FREMONT, Lieut. Col. U) 8. Army, and Commandant of California Battalion.” “ To Capt. Richann Ownns, Aoting Commandant California Battalion”? —And did thereby disobey the lawful command of his superior oMoer, Brigadier Geo. Kearny, as conveyed to him in the aforesaid Order No. 2, of the military de- — by continuing in service the whole California ttalion , contrat to said orders, and by orderiug the battalion to remain at San Gabriel, contrary to said orders fcom Brigadier General Kearny to march them to Yerba Buena, notwithstanding he, Lieutenant Col. Jobn C, Fremont, had offioially informed Capt. Turner, at Pueblo de los Angeler, on the twelfth of Maroh, eigh- teen hundred and forty-seven, that he would obey and writ; Order No of the 10th antery aemertmost, vied wit: Order No 10th military di t, date Mareh ono, eighteen hundred and fort M Specification 6.—In this, that he, nt Colonel John C. Fremont, of the regiment of Mounted Riflemen, U. 8, army, being in command of a battalion of volun- teers organized in California for the United States ser- vice, having, on the eleventh day of March, eighteen [=== sw Price Twe Gents. Specification §.— : ment States am aia Ciudad dota ax Loy in Sy of the lay en. Kearny, aesui act as Governor of California, is ememnange O' instrument of writ in words ag hereinbefore realted eee of in the 6th specification to the first there! coms suming and exercising the functions his superior officer, Brig Gen Kearny, to of good order and militar —— Specification 4.—1u this, he, Lieut. Col. John C. Fremopt, of the Regiment of Mounted Riflemen, United States wi being in command of a battalion of volun- teers ix-d in California for the United States ser vice. which, by aforesaid orders from the War Depart- ; cs ment, dated Sane 18, 1616, were placed under command of ig. Gen Kearny, and ng CGhially informed by W. Branford Shubrick, as commander-in-chief of the naval forces in the Pacific, in a letter dated US Independence, Monterey. F 23, 1847, in the lowing words, to wit: “Gen, Kearny, I am instrueted, ‘is the commanding military officer in California, and in- ‘veated by the Predent with the administrative fano. ‘tions of government over ihe pecale end territory” on the 11th of Mareh, 1847, from , by the hands of Capt. H. §. Turner, Unit- ry, « circular im words herein before reolted in the 7th speeifeation to the charge, did, notwithstanding, at Ciudad de los on the 16th of March, 1847, issue written orders to Richard Owens, of the California battalion, in heroinbefore recited in the 7th specification to charge, thereby pedering: ssid Owens not to orders of any officer but himself. Thi of good order and mili dleaapline is, thes Kearny, had been invested by the td States, with the command of the troops in C by exhibiting to him, Lieut. Col. Fremont, om the 6th January, 1847, at Ciudad de los Angeles, the from the War Department, dated June 16, 1846, did, notwithstanding, d! ard the lawful authority said superior offcer, and did himself usurp and exercise the functions of said superior officer in the several offl- cial acts and matters, to wit, as hereinbefore recited im the 10th specification to the lst charge; that is ordering @ general court martial at Ctudad de los Ange- les on the 24th of January, 1847, and proving at Ciudad de los Angeles, on the 27th of January, 1847, the proceedings of the court ; aud in accepting st on the 1. , 1847, the resignations of in the California battalion ; all this in of the functions and authority of his superior officer, Brig. Gen. Kearny, and to the prejudice of good order and military discipline. Police Inte! Charge of Embezzlement, cer Stephens, one of the vigilant attaches at the low Air arrested yester- day @ young man by the name of Robert Munson, on a charge of embezaling between $600 and $600 from his employers, Messrs. Draper & in, fruit dealers, No. 95 Wal It appears that accused was o um from the concern, et mes, and appropriating the same to bis own uso. Justice Osborne detained him for a farther hearing on Wednesday next Charge oy Robbing « Friend.—Captain MoGrath and officer McManus, of the 6th ward, arrested yesterday @ man called John Cadwallader Evans, on pharm ot entering the office of Dr. Harvey Burdell No. and e de: 362 Broadway, corner of Franklin street, on Fri last, breaking opem a desk in the doctor's stealing therefrom $100 in bank bills. that ‘ans and the doctor were intimate ft the latter Placlng implicit confidence in Evens, sll night key of the house, and a full run of — The moneyrit seema, was stolen from seoret drawer in the desk, the whereabouts of which was Evans. On the officers searching the accused, found on his person « wallet contsining $10 in bills, amd a pocket knife, the blade somewhat and upon Pang orien d it with the broken drawer, knifs fitted the indentations thus made exactly. It was aloo necettained that Evans, sinoe the bpp ay! paid out soms $60, which is supposed to be a portion of the funds previcde te this robbery. Upon these faste being funds previous to this ro! pon set forth in the affidavit of the doctor and Ceptain Me- Grath, Justice Osborne locked the accused up for s fur- ther examination Disorderly House.—Offlcer Sackman, of the Sixth ward, arrested yesterday a Dutchman called Martin Wolvenger, on = charge-of keeping » disorderly house hundred and forty-seven, received the lawfal order of his superior officer, Brigadfer General Kearny, to wit, the aforesaid Order No. 2, dated Headquarters 10th were g WA op tolete Monterey, March first, eighteen hundre and forty-seven, whereby he was ordered to march such part of sald battalion as refared to be mustured inte ser- vies to Yerba Buena, there to be discharged, did refuse to obey said order, and did make known his refusal to Lieutensnt Colonel Cooke, commanding the district in which his batalion was serving, by a written communi- cation in terms, to wit :— “Crupap pe Los AxaRLKe,? “16th March, 1847. 4 1 am instructed by Gov Fremont te scknow. ledge @ fow moments since the receipt of your communi- cation of the 14th instant, and to say,in reply, that the volunteers constituting the California battalion decline, without an individul exception, to be mustered into the United States service conformable to Order No. 2 of the 10th Military Department referred to by you. “ The Governor considers it unsafe at this time, when rumor is rife with a threatened insurrection, to dis- charge the battalion, and jecline doing #0; and, whilst they remain in service, he regards his force quite sufficignt for the protection of the artillery and ordnance stores at the mission of San Gobriel. “1 am, with considerations of respect, your obedient servant, WM. H, RUSSELL, Secretary of State. , Lieut. Col, Com’g Mission San Specification 6.—In this, that he, Lieut. Col. Joh Fremont, of the regiment’ of Mounted Rif 1.8. Army, after he had been duly informed is superior officer, Brigadier General Kearny, that he, Brigadier General Kearny, had been invested by the President of the United States with the command of the troops in California, by exhibiting to him, Lieut Colonel John C. Fremont, on the 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.#ix; aud after he had duly received, on the sixteenth of January, eighteen hundred \d forty neven, the aforesaid lawful command of his superior officer, Brigadier General Kearny, on that day, to make no changes in the organization of his battalion or officers appointed in it, except with the approval of sald Brigadier General Kearny, did, notwithstanding, disobey said lawful command of his ‘superior officer, by accepting, in ® general order published at Angeles, on the thirteenth of February, eighteen hundred and forty- seven, the resignations of the following commissioned officers of the California battalion of volunteers, to wit Captains H. L. Ford, Samuel Gibson, Wm. Findlay, and Lieutenants W. Baldridge, Rhenshaw, W. Blackburn, J Scott, J. R. Barton, and J udspeth. Specification 7.—In this, that jhe, Lieutenant Colonel Fremont, of the regiment of Mounted Rifle- men, U. 8. Army, did fail to obey the order of Brigadier Genoral Kearny, to repair to Monterey, as communtcat - ed to him verbally by said Brigadier General Kearny, on the twenty-sixth of Mareh, eighteen hundred and forty-seven, and repeated to him in writing on the twenty-eighth of March, eighteen hundred and forty- seven, in words following, to wit : ‘ “Heapquantens, 10TH Mri’ny Derr, “Monterey, California, March 28, 1847. “ Sin :—Thia will be banded to you by Col, Mason, ist Dragoons, who goes to the routhern dintrict clothed by me with fall authority to give such orders and instruc: tions upon all matters, both civil and military, ia that section of country, ashe may deem proper and neces- sary. Any instructions he may give to you will be con- sidered as coming from myself “| deem it proper to suggest to you that should there bo at the Pueblo any unsettled accounts or demands against the government, incurred by your orders or ap- proval, which you may not,have already authenticated and completed for the action of the “disbursing offl- cers,”’ that you at once do no, an it may be necessary for you to proceed from here ‘to Washington city, and should there bo ‘any of the party which accompanied you from Missouri atill with you, and under pay from the Topographical Department, you will cause them to come to this place, that they may be returned home and discharged, bo of no further expense to the United States, unless they prefer being dircharged at once in this couutry. “Ja twelve days after you have embarked the yolun- teary at Hae Pedro, | desire to ree you in this place. “Very respectfully, your obediont servant, Mas dos *g W. KEARNY General and Governor of California. | “Lieut. J. C. Faesonr, Reg’t. of Mounted Rifemen, | Commanding Battalion California Volunteers, Cludad | 6 jen.” soeeeia oeaia at the Ciudad de los Angeles until after | the arrival there of Brig (Gen. Kearny, on the 9th of May, 1847, and till the order was then and there verbal- | ly repeated to him, CHarae 3,—Conpver ro tHe Paxscpice of Goop On- pen axp Mitizany Diser ip i cation 1—In this, that he, Lieut. Col. Fremont of the regiment of Mounted Riflemen, United States Army, being in command of a battalion of mount. ed riflemen organized in California for the United States tervice, and placed, by orders aforesaid, from the Secre- tary of War of June 18, 1846, under command of Brig Ged, Kearney, did, at Cludad de los Angeles, California, on the 7th of February, 1847, write to Commodore Shu- brick, commanding the United States naval forces in the Pacific, aletter in words as hereinbefore reoited in the 4th gpecifieation to the Ist cbarge, thereby officially in- forming said naval comprender that he had refused to acknowledge the lawful authority of his superior oflcer, Brig. Gen, Kearny, and endeavoring to porsuade said naval commander to support and countenance bim thero- in. This to the prejudice of good order and military discipline. —Iin this, that he, Lieut. Col. John ©, the regiment of Mounted Riflemon, United , being in command of a battalion of voluu- nized in California for the United Staten ser- placed under command of Brig. Gen, Kearny, by aforesaid orders from the War Department, dated | June 18, 1846, did, at Angeles, on the 1th of February. | 1847, write to W. P. Hall, in words as hereinbefore recited in the oth spicification to the first charge, thereby avow. Jog his recistance of the authority of hie superior offer, Koarn: endeavoring to prevent ert c. Ll f Gen tall from sup) ree Jaeful authority of Wrlg G+ o Th to the Prejudies of good order end maili- ‘ery at No, 20 Mulberry street, the common resort of men and women of the lowest grade of prestitution. Justice Osborne held him to ball in $600 to answer the charge st court for trial. Burglory.—Offoer Whitehart, trict police, arrested, yesterdsy, a map called John Brenan, on a charze of burglariously ent the coffee saloon, occupied by Chares P. Marshall, 2136 OD Sunday night, ana stealing therefrom a quantity of five en of which were found on the person of the prisoner, together with a piece of coin identified by Mr. Marshall, as his property. locked him up for trial. Petit Larceny.—OfMoer Colton, of the 4th ward, ar- rested yesterday a boy by the name of Robert MeQuick, on « charge of stealing $10 from George Green, resid- ing at No. 2 Gouverneur street. Justice Osborne looked him up for trial. Iilegat Voting. —Oficer Brownlee, of the 19th ward, arrested yesterday, a man called Richard Senkister, on a charge of attempting to vote illegally at the last eleo- tion held in the 12th ward. Detained io Justice Roome -or examination, Dishonest Clerk.—A young man by the name of Jas. . Cory, in the employ of Reese & Miles, No 254 Ful- ton street, was arrested on Saturday night by offloer Leonard, one of the Chief's aids, on a charge of stealing $50. and upwards, in specie, from the iron safe of Reese & Miles, under the following circumstances. It sppears that Mr. lenec Hayler, dotog business in Washington market, was in the habit of depositing bags of money, from one day to the other, in Mr. Reese's sale for sate keeping; and on Friday last there was upwards of $1200 in the safe. Upon exami the bags on Saturday, Mr. Huyler discovered that the mouth of the had been untied, the money disarranged, and left in » different po- sition from the one in which he had placed it, and $60, and upwards, abstracted therefrom. Surpicion at ones reated upon Cory, and Messrs. Reese and siuyler accus- ed him of the larceny, when be finally acknowl that he did open the safe, untied the bag, and took out twenty-five cents, This acknowledgment, was made, it ‘appears, from inducements held out the complainants towards the prisoner, that he owned up they would not prosecute, under which idea he was induced to confess. ‘This fact alone, when brought into court for trial, will undoubtedly acquit the prisoner. However, the case waa taken before Mayor Brady, who fully committed him for trial, in default of a Charge of Rape.—An Irish woman by the name of Eliza Fits Patrick, entered one of those passenger offi. crs kept at No, 33 Went street about 4 o’clook yeaterday afvernoon, in order to; ascertain the price of passage to old Ireland. On entering the office she met ® man the name of Richard Cornell, who requested her to go {n another room adjoining, which she did, aad Cornell immediately locked the door, threw the woman on the floor and violated her person, after which he left the room, whispered to a man in the office, ealled Samuel Pearson, and then ran down stairs and went off. The poor woumn was then turned out of the office by Pear- tom, and when in the street, she fortunately procured the aid of officers Dodge and Penderville, who went with her immediately back to the office and Pearson 4g an accompliee. Cornell having reoelved information from some of his friends that the police were after him, he mado himself s but no doubt the arrest will be made today The Chief of Police detained the women ara, in order to have the matter fully invee- r Statistics of the Police Department for siz Months, ending 31st Oct.—Totel number of arrests 14,381— among which are 1,028 tor assault and battery ; 62 bur- glary; 2,177 for disorderly conduct; 166 fighting in the steeet; 160 grand larceny; 148 insanity; 3405 intoxice- tion; 3,349 intoxication and disorderly conduct; 63 in- decent exposure of person; 1,226 petit larceny; 12C pros- titutes, disorderly in the streets; 169 suspicion of steal- } Ings vagrancy, and verious other causes for am rest. Persove making application and to whom lodging was given in the reveral District Station Houses éuring the same period, 12,899 Children lost in public streets, taken to the ¥: Station Houses and restored to their parents, 1,41 no have been resousd from drowning, been discovered and extinguished members of the Poliew Department. Nunber of violations of city ordinances be pate the Chief of Polive during same period, 6.793—among which are 609 for encumber! bering eidewalks 106 neglecting to eu pty eet; 231 in relation to 4; 461 In relation to 276 in relation to carts; #3 in relation to docks tilps, and variows other miscrllancous vielattons of Corporation ordinances. t at M&. CHARRUAUD's NEW MUSIC, entitled Bouquet es, (Bridal Bonqnet) comprisn it pamters: the Hortensis Waltz, Hyacu' Heliotrope Mazurka or Polka Maaurka, ny and Ll ed sh fessor jinand receutly trom 1 ed wholesale na} etait Messrs. brust recently trom Leipsic. at Mr. Charranus’s, 24 White stres iat Fens tse ct rondway' ae Mr, Wallin Doboio i ond wa) re ebois’s, Broad yi and at Messrs. Pith. Hall & Pond's, comer of Broadway and Park Pace, ‘ N, B—The music for the Valve x Civg Temps, (five latep waliz) can aleo be obtained at the above ph nv Ire BoAKbing = he pied I ene or two frends, — joe the Winter in a te . a hgarders cr chile haven Pasion Be dT week, and — wr Ln room street, newr Broadw ime" moderate aud reference » Office, 49 Herre F. OFF CLOTHING AND FURMITU en wnt havieg any cast off or soper finous clothing or farnita pose o! fair oanh dings note, ot by eal he sub by sending a note, hag cn the su or ‘hroagh the yom, whieh will be = > i DE BOER, 7155 Canal at ap stairs Boer. N. B—Ladies can be attended to by Sirs. De Old stock and job geods bought, of any de ammount TO, CIVIL ENGINEERS 4 Young men, reepectsble Siah'ty euaege ue ah ve, ner veabt