further orders; and the said Purser Wilson having thereafter, to wit: between the last-mentioned day and the twenty fifth day of the said month of November, executed the said order; the said Captain Jones did, on the said last mentioned day, on board the United States ship Ohio, in San Francisco bay, take and receive the uncoined gold for which the said public moneys had been exchanged, as aforesaid, and did receipt for the same to the said Purser Wilson, as the said sum of ten thousand six hundred and forty three dollars and nine cents; whereas the same was of much greater value; and did receive, to and for his own use, traffic, adventure, and gain, the said uncoined gold; and did, there. after, dispose of the same for his own lucre and gain: thereby, and by the orders and acts aforesaid, scandalously violating and abusing a public trust, prostituting his office and command to the purposes of private traffic and gain, giving an evil example to disbursing officers and others under his command, and being guilty of scandalous conduct, tending to the destruction of good morals.

Specification 2.-In this: that the said Captain Jones, then being in command as aforesaid, on board the flag ship Ohio, Monterey bay, on the twenty-fifth day of October, in the year eighteen hundred and forty-eight, in an official despatch numbered thirty-four, to the Secretary of the Navy, falsely, scandalously, and maliciously did write, and cause to be written, and falsely, scandalously, and maliciously did report, and transmit to the said Secretary, of and concerning Lieutenant Joseph F. Green, Lieutenant John B. Marchand, and Lieutenant T. Augustus M. Craven, lieutenants in the same navy, the following false, scandalous, and malicious libel, that is to say:

"Nothing, sir, (meaning the said Secretary,) can exceed the deplorable state of things in all Upper California at this time, growing out of the maddening effects of the gold mania. I am sorry to say that even in this squadron some of the officers are a little tainted, and have manifested restlessness under moderate restrictions imperiously demanded by the ex igencies of the times, as you will perceive by the enclosed paper addressed to three of the lieutenants," (meaning the three lieutenants above named.) Thereby falsely, scandalously, and maliciously imputing to the said three lieutenants a base and sordid disregard of their duty and character as officers of the said navy, and a restlessness, under mod erate and necessary restrictions, springing from their being tainted with the gold mania.

Specification 3.-In this: that the said Captain Jones, then being in command as aforesaid on the Pacific station, on the fourteenth day of September, in the year eighteen hundred and forty-nine, was guilty of wilful and deliberate falsehood in writing and transmitting to the Secre tary of the Navy, in a certain despatch numbered 67, the following language, viz:

"With regard to the balance of the military contribution fund which remained in my hands at the date of my last returns, it has been turned over to Purser R. M. Price, whose receipts, with my account current, will be duly forwarded to the Fourth Auditor of the Treasury."

Whereas the said balance had not in fact been turned over to the said Purser Price, and the said Captain Jones well knew it had not been.

Charge IV.-Neglect of duty.

Specification 1.-In this: that the said Captain Jones, then being in command of the United States naval forces in the Pacific ocean, on the said station, on the twenty fourth day of November, in the year eighteen hundred and forty-eight, and for a long time prior to said day, and during the said command, neglected to have the public moneys of the United States, of the fund known as the military contribution fund, kept and regularly disbursed, by the pursers of the navy under his command, for the public use, and neglected to require regular and proper accounts of such moneys to be kept and returned by such disbursing officers, and took the said moneys under his own personal control, and so managed and disposed the same during the time aforesaid, and during the whole period of his said command, as to expose the public interests to loss and injury, and the said fund to depredation and embezzlement.

Specification 2.-In this: that the said Captain Jones, then being in command as aforesaid, and having received a certain official letter of the Secretary of the Navy addressed to him and dated the 1st day of March, 1849, containing the following language, to wit:

"It is very desirable that the accounts of military contributions col. lected from the enemy shall be settled without delay, and the balance unexpended in prosecuting the war with Mexico and its necessary incidents should be paid into the treasury of the United States, so that disbursements may be made exclusively of appropriated money. You will be pleased to take the necessary measures to effect this object:"

Did neglect to take the necessary measures to effect the said object. This on the said Pacific station, on the fifth day of June, in the year aforesaid, and thenceforth during the continuance of the said Captain Jones in the said command.

Specification 3.In this: that the said Captain Jones, being in command as aforesaid, on the first day of April, in the year of our Lord one thousand eight hundred and forty nine, on board his flag-ship, the Ohio, in the bay of San Francisco, having received a certain official letter of the Secretary of the Navy, addressed to him under date of 20th January, 1849, containing, among other things, the following language:

"The department is anxious to have a full account of military contri butions collected, and of their disposition:"

Then and thenceforth, during the continuance of his said command, neglected to furnish the said department with such full account as aforesaid.

Specification 4-In this: that the said Captain Jones, then being in command as aforesaid, on the first day of August, in the year eighteen hundred and forty-eight, on the Pacific station aforesaid, in approving a certain report, account, and statement made to him in his command aforesaid by one Hugh W. Greene, a purser in the navy aforesaid, who had been theretofore, as such purser, charged with the duty of collecting the military contribution fund at Mazatlan, in California, negligently and without authority approved a charge against the United States, made by the said Greene in said statement and account, of a large sum of money, to wit: the sum of twelve thousand seven hundred and eighteen dollars and forty-three cents, for commissions as compensation for the discharge of his duty aforesaid; and negligently suffered the said Greene to retain the said sum upon the pretext aforesaid.

Charge V.-Oppression.

Specification 1.- In this: that the said Captain Thomas Ap Catesby Jones, then being in command of the United States naval forces in the Pacific ocean, having at Sansalito, California, on board his flag ship, the Savannah, on or about the twenty-ninth day of October, in the year eighteen hundred and forty-nine, had transmitted to him, and having received, for review, the proceedings of a certain court-martial theretofore convened on board the United States sloop of war Warren, at anchor in the bay of San Francisco, Upper California, by his order, in the case of Lieutenant Fabius Stanly, of said navy, upon certain charges affecting the character of the said Lieutenant Stanly as an officer, and imputing falsehood to the said Lieutenant Stanly-that is to say,

1st. Disobedience of orders;

2d. Conduct unbecoming an officer and a gentleman; and having before him the finding of the said court to the effect that the said Lieutenant Stanly was technically convicted of disobedience of orders, but that no punishment should be adjudged against him; and that the said Lieutenant Stanly was not guilty of the said charge of con duct unbecoming an officer and a gentleman; and the opinion of the said court accompanying the said finding in the following language:

"The court therefore feels itself bound by its own sense of justice and propriety to express, in the most unqualified manner, its decided convic tion that the accused did not intend to practise the slightest deception whatever, either towards Lieutenant Pickering, Commander Johnston, or anybody else, and that his character for veracity stands wholly unim paired:"

He, the said Captain Jones, having dissolved the said court on the thirty-first day of October, in the year aforesaid, thereafter oppressively and maliciously did suppress and withhold from promulgation the said finding and opinion of the said court for the space of nearly two months; thereby oppressively and maliciously depriving the said Lieutenant Stanly of the benefit of the said finding and opinion, and keeping him under the odium and disgrace of charges affecting not only his character as an officer, but his honor as a gentleman; and oppressively and maliciously, pending the said secresy, ordered the said Lieutenant Stanly from the said Pacific station, thereby confirming the injurious effect produced by the suppression of the said finding, as aforesaid.

Specification 2.--In this: that the said Captain Jones, then being in command, as aforesaid, and having, on or about the eighteenth day of August, in the year eighteen hundred and forty-nine, at San Francisco, California, received from the Secretary of the Navy a leave of absence for the said Lieutenant Stanly, oppressively and maliciously withheld and suppressed the same from the said day until the eighteenth day of De cember following, and until he had ordered the said Lieutenant Stanly to Panama, whither he sent the said Stanly, directing the said leave to be delivered to him there, without any sufficient reason of public duty, and solely for the gratification of his spite and malice against the said Lieu. tenant Stanly.

Specification 3.-In this: that the said Captain Jones, then being in command, as aforesaid, on the coast of California, in the bay of San Francisco, and in other waters on the said coast, the same being the waters of the United States, on the eighth day of August, in the year

eighteen hundred and forty eight, on the twelfth day of March, eighteen hundred and forty-nine, and on the fifth day of October, eighteen hundred and forty-nine, and on divers other days and times subsequent to the day first above mentioned, during his said command, oppressively, and without warrant or authority of law, convened, and ordered to be convened, divers naval general courts-martial for the trial of divers offences alleged to have been committed by divers officers and seamen of the navy of the United States; and oppressively, and without warrant or authority of law, ordered and caused the sentences of said courts to be executed; and by color of said usurped powers and unlawful proceedings inflicted divers cruel punishments upon such officers and seamen; and particularly on the 23d day of the said month of October, 1849, in the bay of San Francisco, in the waters of the United States, inflicted, and caused to be inflicted, the punishment of death upon two men, named John Black and Peter Black, and who were of the crew of the U. S. schooner Ewing; the said punishment of death having been adjudged and sentenced against the said two men by a court-martial ordered and convened as aforesaid, but not having been confirmed by the President of the United States.

WILLIAM A. GRAHAM,
Secretary of the Navy.

NAVY DEPARTMENT, November 1, 1850.

The original whereof is hereto annexed, marked F.

And thereupon the accused was called upon by the judge advocate to plead to the said charges and specifications.

Whereupon the said accused tenders to the court the following paper, which is, at his request, read aloud by the judge advocate.

Mr. President and Gentlemen of the Court:

I desire that my plea of the general issue be entered to the first, second, third, and fourth charges, and the several specifications thereof, and also to the fifth charge and the first and second specifications thereof; by pro testation, however, reserving all just exceptions to the sufficiency of the facts therein specified, or that may be given in evidence under them, to affect me with any crime or offence within the purview of the Naval Articles of War, or otherwise cognizable by this court; and with full liberty to justify the innocence, both in act and intent, of all such actings and doings as are imputed to me in said specifications, or as may be given in evidence under them.

As to the third specification of the fifth charge, I desire to be excused and dispensed from any other plea or answer, but such as consists of the following exceptions to the same, to wit:

I except against the validity of the third specification to the fifth charge, and against the sufficiency of the matters and things therein charged and specified, to constitute any crime or offence within the purview of the Naval Articles of War, or otherwise cognizable by this court

1. Because all the acts and things therein charged and specified were in exact accordance with law and with my duty.

2. Because they were acts and things of imperious necessity, and indispensable to the preservation of the squadron under my command.

3. Because they were in pursuance and in faithful execution of the orders and instructions of the government.

4. Because, if I erred in my construction of the law and convened courts-martial, and executed their sentences, still my acts in the premises, as alleged and specified, constitute no crime or offence within the purview of the Naval Articles of War, or otherwise cognizable by this court; but were offences against the general law of the land, and exclusively cogniza ble by the ordinary courts of criminal judicature.

In support of which several grounds of this exception, I submit the follow ing reasons, reserving the right, and praying to be allowed, if need be, to maintain them by argument and authority, if the court shall entertain doubt that the third specification to the said fifth charge should be set aside, quashed, and dismissed, as null and void.

1. That I had authority of law.

The thirty-fifth article of the Naval Articles of War empowers "the commander of a squadron, while acting out of the United States, (I cite the exact words of the law,) to convene general courts martial.”

The forty first article empowers him to confirm and execute a sentence of death or any other, "if the trial takes place out of the United States, excepting such sentences as go to the dismissal of a commissioned or warrant officer." These, also, are the words of the law.

By the same articles, the convening of courts and the execution of sentences are not permitted to commanders of squadrons within the United States.

The question therefore is, was the Pacific squadron, under my command on the coast of California, within or out of the United States, within the meaning of the Naval Articles, at the time of these transactions--that is to say, after the treaty of peace with Mexico, and before the laws and judicial system of the United States had been extended over the acquired territory?

The words "out of the United States," in the language of a law like the Naval Articles of War, which construct and establish a judicial system and machinery, create courts and confer their jurisdiction, and apply these terms to define the jurisdiction, must be construed, by the sternest and most imperative rules of legal construction, to use these words "out of the United States" as meaning the extent to which its laws reach and have a present and actual effect and operation.

This is alike the language of the law, by terms strictly convertible, and its most obvious and necessary policy. These naval courts are created and given jurisdiction without the United States, because there is there no other judicial system; and they have the power to try capital cases, and adjudge the sentence of death. The coinmander is empowered to institute these courts, because there is no higher officer, and no other officer, in whom this high but necessary power can be invested. Within the United States access can be had to the President for the institution of the court and for the revision of its judgments; and within the United States, those capital crimes which, without, are cognizable by courts martial, are withheld from their jurisdiction, and reserved for the ordinary courts of civil judi cature; thus retaining the military law in proper subjection to the civil wherever the latter prevails and is provided with the necessary means for its own administration.

By the treaty of peace we acquired the territory of California; but we