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cened in view OF the responsibility that was likely TO be thrown
upon by the sudden and unexpected departure Of Com
Soat for the United States and Of being left among
asperaed people without men, money provisions adequate
the difficulties and dangers which seemed 10 obsruct my
way.


AT this stage Of the proceedings the Court adjourned till
tomorrow


TUESDAY, Dec. Twenty -sEyKSrH Day


The Court met pursuant TO adjournment All
the members were i'll attendance.


The following documents being the only two permitted
by the Court go upon its record OF all those submitted by
the defence Friday last dby the Judge Advocate
Letter Original from Com. SochtOnt Capt. Fremont,
appointing him Major Commanding California Bat
talon.


"U. S. FaIeArr CosGREss,


" Bay Of Monterey, July 2S, 1916.


SIH You hereby appointed to the command Of the
California battalion United States troops with the rank of
Major


Faithfully, your obedent servant,


or F. STOCKTON, Commander-n-chiet, sc.
fTo Major Fremont,


Commanding California Battalion"
Letters patet from HIS Ercency X. f. Stockton, Cor
ernDr Of Cah0ria &C., 10 John Charles Fremont, Esq,
appointing he SAID John Charles Fremont Gorernor Of
California.


TO ALL WHOM 1T MAY CONCERN, greeting


Hayng by authority the President and Congress of the
United of North America and by eight OF conquest
as U per and Lower California having declared the
Territory of the United States, under the OF the
Territory OF California and having established laws tor the
government Of the said Territory


l. RoBEnr +. STOCKTON, Governor and Commander-n-
chief same do in virtue of the authority in vested
obedience the aforesaid laws appoint j. c. Fremont,
Esq Governor and Commander-nchef of the Territory Of
California until the President OF the United States shall other
wise direct.


Given under my hand and seal this sixteenth day of Jan
uary ammo Domni iS47 at the Ciudad de los Angeles.


ar. +. STOCKTON, Governor, &c."
The following paper was here put in by the defence
Mr.. President When it made known TO the Court
that
per this morning support of his right the documenta
~ testimony offered to The Court It was supposed that The
examination of Commodore Stockton would have been eyerby
this his being the he does not wish TO inter-
rup testimony and deers filing the paper and will feno
general argument but follow the Courts ntimaon offer
the papers sng in pieces connected with each other"
Commodore STOCKTON hereupon resumed the delivery Of
his testimony, as follows:


According to the best information, Pic Pico the Governor
Of California, aud the military commandant, General Castro
were in the vicinity of the Cuad de los Angeles, AT the head
Of 100 cavalry determined defend the Territory The Go
had issued proclamation couched in the most extava
CANT language denouncng and threatening with vengeance
the foreigners who in the Territory Two Anencans
had already been murdered and all those who in the
Territory, well the emigans expected IN September
might share the fate unless prompt and energetic mea-
taken TO dsperse the armed Caiornans and 10
capture drive of the country their leaders, the Mexican
officers who seemed be gaining confidence by our apparent
indecision and inactivity.


now urged upon Com Soat the Importance of bis giving
up the command Immediately he intended 10 return to the

me he should possible, account OF his
health, but not disposed yet 10 give up the command
afloat.


then stated that it very important that these Mexican
officers should be driven Of the country taken prisoners
and urged him TO put the United States soopowar Cyane
my disposition, well the forces shore De did So
Immediately Major Fremont to inform him Of what had
occurred and let him know that if he and Lieut. Gillespie,
with the volunteers who with him, would volunteer TO
under my command long might be III possession
Of California and desired their services that would form
baalon by appointing him Captain Fremont) major and
Lieut. Gillespie captain and all the other officers
This was all done in the Of the day and the next
morning when they ordered embark board the
United States ship Cyane, to be landed at San Diego


In this way the navy battalion of California mounted
remen formed and brought into the service Of the United
States call the navy battalion because was not muster
ed into under the laws Of the army, could in any
proper sense be considered belonging to the army


Here at the suggestion of member, the Court clear
ed and remained in session long time When was
again opened the witness suffered proceed, which he
did as follows


Breve Capt Fremont and Lieut.. Gillespie laid aside for
the time being their commissions and with the men who were
with ihem volunteered under the command Of naval
officer and all ntents and purposes volunteers 10
sst the navy These not Of that kind Of personnel
which sometimes compose regular armies they were pncl-
pay free American citizens who had settled California.
They Of respectabty of influence, and Of proper
y they ordinary because, when told that
had offered them pay ten dollars month, they said, as
told, that they would accept that pay that would



under my command without compensation.


The law which authorized the formation Of this battalion
that of necessity reinforce and strengthen the legal and
organized naval force of marines and sailors under my
mand which was 10 be employed the land, and which
alone supposed he sufficient accomplish the OBJ
ect Of relieving and defending citizens in the interior from
imminent peril II the law OF patriotism and phllanthro-
py well Of necessity, and the battalion attached 70
force recognised BY Congress creating the different
val corps and authorizing them be employed they are
always employed when necessity requires on land as well as
sea- Ny act simply accept Of volunteers in the form
this battalion unite with and aid the sailors and marines
whom was ordered to command on shore.
The object for which this force thus raised was not
mere conquest the smalness Of my force would have
permitted entertain such thought. No Il was not
for leagues Of land oor mines of gold and silver that such
men, well my gallant crew, exposed TO the
ncemency Of the weather. the fagues Of the march, aud the
principally for the OF innocent counymen and
friends from impending peril.


few days after this, about the Goth Of July, Com
ashore aud aoai The squadron this time consisted the
mouth, Cyane and Warren, and the storeshp Erie The
nah at Monterey the Cyane had been sent down, before
stated San Diego the Warren down at Mazatlan
and the Erie at the Sandwich Islands.


After making the necessary arrangements, and leaving the
Savannah at Monterey protection sailed about
the first day Of August in the Congress for San Pedro which
about miles from Cudad de los Angeles
which place said the enemy with seven pieces Of art
lery, were encamped On way down to San Pedro
,f tkaff