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military authority there when the done which
the ground Of accusation against Lieut. Col Fremont
reminding the witness however, that the Court cannot take
cognzanee OF his official conduct except The Of
his powers comforting authority on Lieut. Col Fremont and
that his testimony be confined matters that affect the
conduct Of the accused in the facts which he arragned


"The Court is not 70 be understood asserting the
sonng the explanation Of the witness submitted this
ing IN deduciDg from the facts should they proof
he considers them be- the conclusions which he draws
This belongs TO the Judgment of the Court"


The paper of Com Stockton then read, and is
follows


Aay please the Court In the progress Of this the
undersi sned has been allied upon witness He cheerful
y complied with this requson OF the Court, although, he
has already stated he fully OF the anomalous and
embarrassing position in which he thus placed The
views which he then entertained upon this point he frankly
disclosed the Court. He had designed present them
fully before the Court but the IN which the first
question propounded him couched relieved him from
some OF his difficulties question proposed him in
The following words:


You know the subject of inquiry before this Courts
viii you please proceed to give in form the evil
denee which you be material and relevant ?"


This form of nteirogatory the undersigned concev
ed lett him at full liberty state in the which he
was asked TO give all those which in the Judgment Of


e witness bore upon the issue in this trial In accordance
with these Impressions the undersigned occupied the time o
the Court during portion OF two days giving narrative Of
The incidents which in his opinion pertinent


AT this point OF his testimony the witness arrested in
his narrative by the Court in the following order The Court
directed 10 be recorded its decsion that the details of
naval and military operations on the coast aud in the conquest
OF California, subjects of Inquiry before the Court


that but little Of the history and narrative already given
evidence by the witness has relation the charges


that this mode OF delivering by each witness the narrative
form whatever appear such witness the trial.
or interesting 10 be aid renders for the Court
into Therefore, the Court orders that this form giving
mony be suspended, and that the examination Of
be b question and answer Then the Court will Judge Of the
materay and relevancy of each question: giving the party
Offering question objected to the opportunity OF explaining
its proprety.'


he question propounded TO him has therefore been
partially answered.


The Undersigned with great and uuiesned for the
Court beg leave that he has Intentionally trench
ed upon the discretion apparently reposed in him BY the
in which the question propounded by the authority OF the
Court He was throughout anxious to conne his testimony
strictly TO The points in issue. The residue oil his testimony
would have been equally conformity with his ideas OF
the liberty allowed him by the language of the question His
design to testify TO facts going TO establish


ls That he, the witness, was and hoy he placed in
chei command of the Upper California province Of Mexico
his appointment and the extent his authority


2d. That the California battalion of volunteers form
ed by virtue of such his appointment powers, and authority
whence the appointment powers, and authority OF Lieut. Col


Sd To show the details of the conquest of CALIFORNIA;
and of establishing civil and military govenmen, therein,
prior to the arrival OF Gen. kearny.


4th The manner IN which the chief authority OF that go
devolyed upon Lieut. COL Fremont and the
extent TO which the orders Gen. kearny anticipated
before his arrival at the scene of operations.


5th To show that Gen Keary, whatever his orders
and however binding, in the first instance voluntarily waived
his rank authority and command whatever they wer and
volunteered serve and did serve under the command and
authority OF the witness and show in the second place that
when he Cen kearny addressed the witness his letter
the 9th January 1917 in which he demands that witness
should cease all further proceedings relating to the formation
of civil government for the territory, his demand per-
emptory repealed by Witness and he Gen. keany, formally
and officially in his letter witness of the 18th January
ls47, aequesced in the refusal OF witness recognise his
thoriy


Winess submits that all these facts are within the dscre
tion allowed 10 him by the question propounded BY the auho
r OF The Court and are not only material to the ISSUE but
essentially necessary place the conduct of witness pro-
per light before the Court and country He submits that the
suspension Of his the nterrogato win leave the
part already recorded partial unntelgble and ncom
/
| furious TO witness himself


sI must apparent all who have perused the charges
specifications exhibited against Lieut. Cot Fremont aud
upon which he is a1agned for trial. that Of the
transactions il which these charges have their origin, my
official conduct is involved In regard such ofhem
performed under orders and authority, the responsibility
necessarily greater less extent rests upon and i'll
had authority exercise the powers which did exercise
administration civil and military governor oil California
must condemned The evidence which has been laid be-
fore Court still closely with the


Under such circumstances the anomalous character of the
position occupy striking and obvious In and
extent the proprey or Improperly o my own con-


at in such that have been called upon to testify
witness The position is embarrassing aud difficult
one but this eInbaa and this difficulty have their
gin in the themselves by which am tu connected
with the case, but in the circumstance that conduct
IL this cause and before this Court only incidentally coll
ateray be involved be found with those
principles BY which courts martial governed to allow
vide latitude in yndcatns myself would be extended
we're | the party actually arrai gncd tor trial.


II scarcely happen but that in answering such ques
tons be propounded to me witness, circumstances
De stated whcn, taken DN themselves,
leave doubt to the legality aud propris my acts which
nevertheless If the accompanying circumstances shown,
the motives which prompted them displayed and the OBJ
ects contemplated and accomplished exhibited, instead OF
mertng condemnation, would command Tie appreciation OF
every honorable


$50 long shade OF doubt exists as to the pro-
pfety part my conduct in California my earnest
wish and desire that il should be thoroughly For
such investigation prepared aud shall Be ready TO meet
it, whenever and wherever be deemed proper and adj
visabe. Nor could any opportunity be afforded more CRATE
ul feelings of rectude than 10 have this
yegaton conducted before such tribunal that before
which have the honor of now appearing.


"Whie, however, feel thus olciou 10 have any doubts
which may upon any of dspeed before the coun-
try and the world the principles and feelings indicate to
my apprehension that such result be accomplished only
by full and thorough investigation make the result a-
sactory either myself the country the examination
be full aud thorough-an imperfect partial nyestga-
restricted particular facts segregated from the whole
OF conduct leaving motives and designs unde-
yeoped would in its results whatever they might be- prove
satisfactory one, and least OF all to my selt,


I therefore, in my examination witness on behalf OF


the accused, my testimony be confined and restricted to
special and isolated inerrogatorcs W be altogether m-
practicable for lay before the Court the etre group OF
facts aud circumstances which necessary enable to place
a proper estimate upon either my conduct my motives
For each and every OF the OF Lieut. Col Fremon per-
formed under my authority, and in obedience my ORDERS
but feel that in another am response
ble IL the in themselves illegal or the execution OF
them criminal While, however under sense OF imperative
duty feel bound the responsibility justly attached
whatever myself have done cannot assent TO udg
of condemnation either directly OF by implication, pass
ing upon me- without the fullest opportunity being afforded
OF vndcatng myself from ever, species and degree OF crim
nality


To be required witness 10 disclose only such of my
acts and to exhibit only much o conduct might be