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whether they amounted thousand = have that
large number horses for the payment Of which COL FREE
mont has made himself responsible were collected ~ various
aiyns of the conquest and Of the OF the insurgents
Of these being out in service, were left in eet
ons of country in consequence OF the operations incident
to war of that peculiar character, extending did
so great distance OF territory.


restored 10 California the horses and mules belonging
ordered be collected different points, and
held subject to the orders OF United States officer, being
understood that receipts wouu DC given IN the event Oh any


At sonona, Leutenans Revere and Aaury Of the Navy,
who at different times had command in that district,
quelted General Vallejo, formerly military commandment OF
California gentleman OF very large estates, oi the highest
respecabty and greatest influence IN the county to take
charge of all public horses mules which gt be found
in that section of the country, aud have cared for
upon his estate at Suseo In accordance M this request,
General Vallejo collected some hundred and fifty horses,
supposine that wanted for service by officer of
the United States he would receive receipt for them. In
this he was greatly disappcned and ~eni was sonSma
horses constantly being taken from Susco without
receipts being given for hem that he had applied Captain
Folsom, the Quatermaer Tor the and had been refused,
and asked my advice how to act


Horses had also been collected Capt Denny rancho,
about one hundred miles from ST. Barbara on the road
Monterey informed by the best authority that both
Col Mason and Capt Turner had taken horses from that
point and refused to give Capt Denny receipts for them


ssMr Kerne gentleman who with COL Fremont
as artist to expedition and after hoses commenced
took in the battalion of mounted remen, and had
command of Suters Fort told that suppong they would
be aken applied Gen. Kearny for receipts for
hundred horses which we're in vicinity Of Suter Fort
the valley of the that Kearny positively
refused and that eighty and upwards driven up
Suer Fort where something like thirty of the best
taken Major Swords and receipts for them most positively
refused.


sMr Kerne was Commodore Socktons camp, and
with far Bear Valley, from whence he obliged
return in consequence of sickness.


m tell the precise number of horses thus aken but
my impression is that the number OF horses taken b the o
who succeeded Col Fremont California and for which
he is responsible, exceed one thousand.


" ann sir very respectfully your most obedent servant


"a. ii. GILLESPIE.
Hon. Thomas III. BENTON"


Lieut. COL Fremont is further instructed by his counsel
say that courts of law the party offering testimony
making any notion has to be heard support
of his offer notion and also RIGHT to be heard in
objections to such offer motion, before it
be decided against him. And this being the rule of proceed
ing in courts Of law, he ieut Col Fremont is advised to
say upon the authority of Lord Erskne the Twelve Judges
Mr. Writ De Hart Major Hough and many other writers
the law martial that the rule is Of lawful obligation
martial, and that he be legally deprived of
its benefit without his consent


In concluon Lieut. Col Fremont is instructed to say
the Court that the second section OF the act of May 49, $780,
having been passed twelve years after Mr. Attorney General
Writ had placed his strong construction the words orders


the case, and which act specially passed to meet the
present that OF commanding general becoming the
and prosecutor Of officer under his command and
still repeating the words which the Attorney General had
founded his opinion quoted by De Hart may be considered
Legislative confirmation Of his opinion and at
queny the President of the United States the supreme
Of and appeals from the decisions aud proceedings
of all general courts MARTIAL and will take notice of the said
they appear upon the record without any assignment
OF writs Of error formaty of appeal and is
therefore entitled to have full view of every fact which
cesy enable him judge the correctness of the Courts
cisions and proceedings in every particular


The question Major Gillespie in relation the thou
sand horses the first in series of questions intended be
put other witnesses in relation to the fact and the
taking the horses and other circumstances connected with
the taking, resulting from it. which Lieut. Col Fremont
would have been ready explain TO the Court Ito show their
object and relevancy if the main question which they de-
pended had been allowed be and he advised by his
counsel that all the testimony expected to be obtained by said
questions both relevant and material his defence and
that branch Of it which mpcaches the motives of Brig Gen.
kearny prosecutor and mpeaches his credit witness
in the before the Court


To avoid all for of his motives SUBJ
mitng this paper to the Court Lieut. Col Fremont de-
clares that his only object obtain the benefit ece
the 1ai along and not with any view to the future
ton of the revising power and he hereby pledges himself in
no event to ask or 10 permit any person with his
ask any action whatsoever from the revising power the
proceedings and decisions of this Court.


Lieut. Col. Mounted Rihemen


Having reached the clause in which letter from Majo,
Gillespie quoted


The Court application of a member, cleared.


On its being re-opened, the Judge Advocate read the fol-
lowing decision


Ihe Court decided that il will hear Lieut. Col Fremont
argument show the amssibty Of the testimony offered
in with decision and that he may state the
character testimony which he offers but not
offer written statement affidavit from witness in advance
OF the decision OF the Court


The reading of Lieut. Col. Fremonts paper being con-
cluded, the Court was again cleared.


When it opened the Judge Advocate read the follow





ing the Courts decision


"The Court decided that il has recognised the general
principles claimed by the accused his that
al governed by the rules of law and that the law of
dence established in the Law courts governs
martial and the Court has recognised further that the record
of court martial should exhibit the reviewing authority
the character OF the testimony rejected well the testimony
received ordinarily the testimony rejected is indicated by
the question which stands the record Where the question
is not sufficiently explanatory Of the testimony the Court
ceves explanation from the party offering it, which
the record TO show its character.


The Court does find sufficient xpanation in the pa
per submitted by Lieut. Col Fremont show the admis-
siby OF the testimony about the horses Lieut. COL FIRE.
merely that he considers material and relevant
and going mpeach the motives of the
ing witness


Ihe Court WILL however, hear from the accused
explanation OF the and bearing OF the testimony
ed to be elected by the series of questions to which this
lead.


The Court has admitted the right of the accused be
IN explanation OF proposed questions by entering i'll
record &c a rule of its proceedings"


Whereupon Lieut.. Col. Fremont put in the following
paper:


Mr. President Lieut. Col Fremont will give the SUBJ
stance OF what he expects by each witness each
Gillespie and his would be general and
prchenve than that OF other Witnesses but proper intro
ducton TO their testimony which would be special and
pointed than his and going beyond his testimony in many
points deemed material by The counsel of Lieut. Col FIRE.
mont By Major Gillespie he expects TO prove the gene
raj tact that great number Ct mules and horses 000
taken from the possession OF Lieut. Col Fremont with
out receipts Cor which Lieut. Col Fremont is accountable,
and many unpaid for for which he is liable be made
sponsble that after the capaton of Couenga the horses
aud mules belonging to the Government ordered be
collected at different points, and held subject the orders