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that I was right in my views, and the measures I proposed, to preserve order and discipline, and, further, that my conduct and measures have met with general approbation, at home and abroad, have, in very envy, if not from worse motives, combined to destroy me, in the vain hope of saving themselves from all charge or imputation of a dereliction from duty.

Monday, the 9th of April, was the day named positively for the closing of the mail and departure of the mail steamer Oregon for Panama. Lieutenants Green and Marchand, though having ten days to prepare, took good care to conceal their design from me till the last hour; and when it was put into the hands of Commander Stribling, to be handed to me, he kept it ten hours longer, notwithstanding we were both on board the Ohio when the paper was put into his hands, as shown, about 9 a. m. the day the paper bears date; and, as if studious to prevent, as long as possible, my having any knowledge of the mischief he had been, in some degree, the author of, (although he knew that, otherwise, I was much pressed for time to prepare my despatches for the Navy Depart ment,) he permitted me to leave the ship, for recreation on shore, about 5 p. m., without intimating, in any manner, that he was in possession of such a missive, then all day in his possession; which he ultimately placed in my hands, as already stated, about 7 p. m. of the 9th of April-too late, as it was doubtless hoped, for me to make any explanation in time to accompany the duplicate clandestinely despatched to the honorable Secretary, through another channel,' before what purports to be the original was put into my hands, to be forwarded by the steamer supposed to be getting under way.

I have the honor to be your obedient servant,

THOS. AP C. JONES, Commander-in-chief U. S. Naval Forces, Pacific Ocean.

Hon. SECRETARY OF THE NAVY.

A.

[Received with Commodore Jones's No. 52, of April 9, 1849.]

UNITED STATES SHIP OHIO,

Sansalito, Bay of San Francisco, April 9, 1849. SIR: We, the undersigned, have the honor to inform you that we have noticed, with extreme mortification, in the newspapers recently received from the United States, an article purporting to be an extract from a com munication to the Department from Commodore Jones, dated Monterey, October 25, 1848, and No. 34. Said article contains the following sen tences, or paragraph, viz:

"Nothing, sir, can exceed the deplorable state of things in all Upper California, 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 exigencies of the times, as you will perceive by the enclosed paper, addressed to three of the lieutenants."

Presuming, from particular circumstances, which will appear in the

statement we are about to submit to the honorable the Secretary of the Navy, that the undersigned are two of the three lieutenants alluded to in the above paragraph, a sense of duty to ourselves, grade, and the service generally, makes it imperative on us to pronounce the charge therein contained a malicious and wilful falsehood. We most respectfully solicit the attention of the honorable the Secretary of the Navy to the following narration of occurrences at Monterey, explanatory of what we suppose to have been the origin of the above paragraph; and request that publicity may be given to this communication and accompanying papers through the same medium as was used in publishing the libellous extract, which medium seemingly gave to it confirmation and the approbation of the department:

We arrived at Monterey October 9, 1848, and immediately after Commodore Jones and his suite commenced, and continued for several days, preparations for an expedition to the gold-mines. The requirements of the expedition called into requisition the employment of a number of the mechanics belonging to the ship, and a considerable expenditure of public stores. Carpenters were employed refitting and repairing a horse cart on the main deck; sailmakers making a canvass top for the same; armorers manufacturing picks and crows for digging gold, and fitting iron work to two money chests, or gold-dust boxes; a party were also on shore guarding and training horses, and collecting other necessaries for the expedition. Occasionally the quarter and half decks were incumbered with saddles, bridles, etc. The commander in chief frequently bestowed his personal attention to the equipments in progress on board, evincing an earnestness and interest entirely at variance, and inconsistent with the spirit, tone, and matter of an address on the subject of the gold mines, read on the quarter-deck of the Ohio a few days previous, in presence of the officers and crew.

Before the arrival of the Ohio at Monterey, memoranda No. 5 (hereto appended) was promulgated, and, on our arrival there, precautionary measures were taken, in conformity thereto, and the greatest vigilance exacted of the officers, to prevent desertion. Previous to the 18th of October, several occurred from boats while visiting the shore, and one from the ship the latter supposed to have been effected by swimming. On the evening of that day, between 7 and 8 o'clock, it being dark, a boat was lowered and sent on shore, to leave a lieutenant who had been detailed to watch the horses intended for the expedition, to prevent their being stolen. When the boat returned alongside, all of the crew, with the exception of the boat keepers, came out of her, and, as the latter were hauling her forward for the purpose of being hoisted up, one or more of the lower deck ports were suddenly triced up, and a party of men rushed out into the boat, shoved off from the ship, and effected their escape to the shore.

The next morning (October 19) a general signal was made to the squadron, forbidding all communication with the shore; and, in the afternoon of the same day, accompanying special order No. 2 was promul gated and enforced. On board the Ohio, no additional officers were de. tailed for watch duty; no posts doubled or sentries increased. The marine officers, whose special duty is to superintend the external police of the ship, were not even mentioned in the order. This order was generally understood to apply only to officers actually performing watch

duty; and, by a fair interpretation of its language, and the general ac ceptation of the term "watch officers," in the naval service, as applied to ships in commission, could not well admit of any other construction. Consequently, it seemed to the undersigned to imply some dereliction of duty on the part of watch officers; and we, conscious of having faithfully performed our duty at all times, felt mortified and degraded by the unmerited restriction imposed upon us by an order which deprives us of the privilege and recreation extended to about one-half of the officers at tached to the ship.

Viewing special order No. 2 in this light, the next day (October 20) one of the undersigned had an interview with Captain Stribling, and respectfully requested him to intercede in our behalf with the commander. in chief, and endeavor to obtain a modification of the order; the other addressed a respectful letter to the commander-in-chief on the same subject, which was withdrawn at the suggestion of Commander Stribling, who had in the mean time promised to bring the matter before the commanderin-chief for consideration. On the evening of the same day, the order was qualified verbally, through the executive officer, Lieutenant Armstrong, extending the prohibition to all excepting non-combatants.

On the evening of October 21st, a paper (hereunto appended) headed "confidential," and addressed to "Lieutenants Jos. F. Green, J. B. Marchand, T. A. M. Craven, and others of their class in the Pacific squadron," was handed to one of the undersigned by Captain Stribling, and is presumed to be the original of the paper sent to the department as an evidence of the demoralization of the officers to whom it was ad dressed.

Accompanying memoranda No. 7 is, to the best of our knowledge, the last order issued at Monterey, by the commander-in-chief, regulating the liberty of officers.

The paper headed "confidential" terminated the discussion and agita tion of special order No. 2, notwithstanding it contained many unjust and unreasonable features which we deemed inexpedient to notice, apprehen. sive that we might incur the suspicion of intentional disrespect and insubordination. Subsequent to the reception of this paper, the commanderin chief did not, to our knowledge, manifest any disapprobation to our proceedings in relation to special order No. 2, nor give us any intimation that he was about to make it the subject of an official communication to the department. The purity of our intentions, and a conscious rectitude of conduct, together with a cherished faith in the honor and integrity of one holding a captain's commission in a service where the dishonor of one is more or less reflected on all attached to it, and intrusted with high and responsible duties by the government, gave to us a feeling of security against any official attack or imputation upon our characters. From this state of security we were aroused by the public prints proclaiming to the world our demoralization, over the signature of Thos. Ap C. Jones, commander-in-chief U. S. naval forces, Pacific ocean, who has stealthily, and by a most unwarrantable perversion and distortion of facts, moulded a respectful and unexceptionable statement of a grievance into a libellous charge, which, if accident or design had not revealed, might have been preferred against us at some future time, when, by reason of death and the dispersion of officers incident to the service, we would have been de fenceless.

We can adduce evidence of the falsity of the imputation embodied in the communication of Commodore Jones to the Navy Department, dated Monterey, October 25, and No. 34.

In our own vindication we will at present only offer, in addition to the foregoing statement, copies of letters, hereunto appended, from Captain Stribling and other officers attached to the ship. We most earnestly beg the earliest attention of the honorable the Secretary of the Navy to the matters herein represented, and respectfully request that such an investigation may be ordered as will exonerate the undersigned from the libel so wickedly preferred against them, and as will rebuke and punish the libeller, thereby giving to the personnel of the navy some assurance of an immunity from private official defamation.

We have the honor to be, very respectfully, your obedient servants,
J. F. GREEN, Lieutenant.
J. B. MARCHAND, Lieutenant.

The Hon. Secretary of THE NAVY.
This communication was received by me at about 9 a. m., April 9,
1849, and handed to Commodore Jones at about 7 p. m., the same day.
C. K. STRIBLING, Captain.

Forwarded under cover, addressed to the honorable Secretary of the Navy, accompanied by my letter explanatory, No. 52, 9th of April, 1849. THOS. AP C. JONES.

Memoranda No. 5—C.

Upon approaching the roads of Monterey you will select a convenient berth, not nearer than three cables' length, and will moor ship.

2d. No officer or other person attached to your ship will be permitted to go on shore on liberty until the volunteers, refugees, and other passengers, with their baggage and effects, are landed.

3d. When the debarcation is completed, the usual accommodation of a boat for each class of officers at stated periods of the day, and for their return from shore at sundown, must be allowed; but no boat for the accommodation of officers visiting the towns will be allowed to land after the sundown boats leave the shore.

4th. No boat will be suffered to remain on shore at any time longer than is necessary to land persons or things, except boats employed in watering and taking off supplies; and in all such boats, two officers, at least, must be sent.

5th. Whenever it shall be necessary for a boat to wait for an officer sent on shore on special duty, or for captains' boats to wait for them, all such boats, with their officers and crews, must be anchored off in deep water, and there await the officer's return to the landing.

6th. No enlisted person belonging to the squadron while indebted to the United States must be employed in boats, or be permitted to go out of his ship, without previously giving good and sufficient security for the balance against him.

7th. Officers' stewards and servants cannot be permitted to go on shore, except on special duty for their messes or masters; nor for such purposes more frequently than is absolutely necessary; nor to stay beyond the time necessary to accomplish the work on which they are sent.

8th. No non-commissioned or petty officer, or private, must be allowed to go on shore in any other dress than that prescribed by the regulations of the navy.

9th. Fish hooks and lines, powder, ball, and small shot, may be is sued in such quantities, and at such times, and to such persons, as the captain may direct. The seine should be hauled whenever it can be done with a prospect of obtaining fish for the crew.

10th. Commissioned or other officers, going on fishing, shooting, or like sporting expeditions in California, may attire themselves for such excursions without rigid adherence to uniform dress.

11th. No captain can be justified in granting indulgences to his officers and crew when in the commodore's presence; nor, indeed, at any time which, under like circumstances, would not be allowable, or extended to the officers and crew of the flag-ship.

THOS. AP C. JONES,
Commander-in-chief U. S. Naval Forces, Pacific Ocean.

FLAG-SHIP OHIO,

at sea, September 17, 1848.

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In addition to the usual number of sentinels in port-that is to say, one on each gangway, and one on the forecastle of each ship, having a guard on board-a full watch of officers must be kept on deck at all hours, with loaded muskets and pistols, with positive orders to shoot, with the best efforts to kill, the persons in any boat passing through the squadron after dark without showing a light, and which does not immediately lay on her oars or come alongside of the hailing ship at the first call. Also to shoot at, with like intention, any and every person swimming in the water, unless he is evidently making for the ship nearest to him.

The storeships which have no marines must keep a full sea-watch of officers by day, and a double watch at night, all of whom must be well armed and prepared to shoot as above directed.

All precautions for preventing desertion required by memoranda No. 5 must henceforth be rigidly enforced, with the addition of stopping all liberty on shore to watch-officers; neither will market boats be allowed, except to receive provisions on the wharf while in this port.

THOS. AP C. JONES,
Commander-in-chief U. S. Naval Forces, Pacific Ocean.

FLAG-SHIP OHIO,

Monterey, October 18, 1848.

Memoranda No. 7.

So much of my special order No. 2 as inhibits watch-officers from going on shore on liberty, is so far modified as to allow captains or com manders to grant special permission to any of their officers occasionally to visit the shore in the fore or afternoon, as the officers going on liberty

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