JANUARY 25, 1851-10 o'clock a. m.

The court met pursuant to adjournment.

Present: Captain Charles Stewart, U. S. N., president; Captain Lewis Warrington, U. S. N., Captain John Downes, U. S. N., Captain Henry E. Ballard, U. S. N., Captain William B. Shubrick, U. S. N., Captain Lawrence Kearny, U. S. N., Captain John D. Sloat, U. S. N., Captain Matthew C. Perry, U. S. N., and the judge advocate.

The record of the proceedings on yesterday is read and approved.

The accused appears in court, and tenders the following paper, which is read by the judge advocate:

To the President and Members of the Court-martial:

The accused, with much reluctance and regret, finds himself under a necessity to throw himself on the indulgence of the court, in asking leave to fill up some chasms which he has inadvertently left in the chain of the evidence on which he relies, to repel the charges on which he is now arraigned.

The introduction of this evidence (consisting entirely of documents, with the single exception of oral evidence of handwriting) will cause no delay, and cannot occupy the court but a few minutes. This evidence goes to explain and remove ambiguities from some of the evidence already before the court, and to supply some circumstances necessary for the elucidation of the precise point to which that evidence was adduced. A list of these documents, distinguished by the letters A, B, C, &c., is annexed.

JANUARY 25, 1851.

THOS. AP C. JONES,
Late Commanding Pacific Squadron.

The list referred to in the aforegoing paper is annexed to the record, marked "January 25, No. 1.”

The judge advocate states to the court, that he makes no objection to the introduction of the offered evidence.

The accused is informed that his application is granted.

And thereupon Lieutenant Washington A. Bartlett, U. S. N., is called, and being duly sworn by the president of the court, is examined by the accused as follows:

Question 1.-Look at the paper now shown you; in whose handwriting is it, and is the writer living or dead?

Answer. The paper I hold in my hand is in the handwriting of the late Lieutenant W. P. McArthur, U. S. N. He is deceased.

The paper referred to is read, as follows:

SHIP HUMBOLDT,

San Francisco, September 2, 1849. SIR: I have the honor to send you, with this, a letter bag containing letters for the American squadron. I brought this bag as far as Panama, and sent it to the agents of the steamers at that place, but by some mistake it was returned to me.

I will do myself the honor of paying my respects in person at a very

early period.

Very respectfully, your obedient servant,

WM. P. MCARTHUR, Lieutenant United States Navy

Commodore T. AP C. JONES,

Commanding U. S. Naval Forces in the Pacific.

The testimony of the witness, as recorded, is read over to him, and acknowledged to be correctly recorded, and he is discharged.

Passed Midshipman M. P. Jones, U. S. N., being duly sworn by the president of the court, is examined by the accused as follows:

Question.-Look at the papers now shown you; in whose handwriting are the endorsements thereon, and at what dates were those endorsements made?

Answer The endorsements are in my handwriting. I was the secretary of Commodore Jones at the time of making them; and they were made at the time they bear date.

The endorsements, and the papers on which they are made, are read, without objection from the judge advocate, as follows:

[No. 1-Endorsement.]

From the Navy Department, March 1, 1849.

Received at San Francisco September 2, by Lieutenant McArthur, of the ship Humboldt.

[The paper.]

NAVY DEPARTMENT, March 1, 1849. SIR: Your despatch (No. 36) of the 2d of November, 1848, has been received. The efforts which you have made to prevent desertions and to apprehend deserters have been characterized by your usual energy. It will not be advisable to continue your large offers for the return of de

serters.

It is very desirable that the accounts of military contributions collected 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 ob ject.

I am, respectfully, &c.,

Commodore THOS. AP C. JONES,

J. Y. MASON.

Commanding U. S. Naval Forces, Pacific Ocean.

[No. 2-Endorsement.]

From the Navy Department, March 1, 1819.

Received at San Francisco September 2, 1849, by the hands of Lieu. tenant McArthur, of Humboldt.

[The paper.]

NAVY DEPARTMENT, March 1, 1849. SIR: Your despatch (No. 32) of the 19th of October, 1848, has been received.

Referring to my letter of the 22d February, ultimo, in answer to your former despatches upon the same subject, the course indicated in your No. 32 is approved.

The whole proceeding does honor to the American name, and the fact that it was effected without charge to the treasury of the United States will free it from all objection on the ground that it was an unauthorized expenditure of public money, not appropriated for the object.

I am, very respectfully, your obedient servant,

Commodore THOS. AP C. JONES,

Commanding U. S. Squadron, Pacific Ocean.

J. Y. MASON.

The testimony of the witness, as hereinbefore recorded, is read over to him, and is acknowledged to be correctly recorded, and he is discharged. Commodore Lewis Warrington, a member of this court, heretofore sworn, is examined by the accused, as follows:

Question 1.-Look at the papers now shown you, and say in whose handwriting they are signed.

Answer. They are the signatures of the late Secretary of the Navy, John Y. Mason.

The papers are read in evidence for the accused, as follows:

NAVY DEPARTMENT, June 27, 1848.

SIR: Your despatches Nos. 16 and 17 have been received, and I am happy to hear that the health of the officers and crew of the Ohio continues good.

Your purpose of awaiting at Mazatlan the result of the negotiations for peace conforms to the wishes and instructions of the department. Messrs. Sevier and Clifford have transmitted to the State Department the papers which accompanied your letter to those gentlemen. They have been transmitted to me from the State Department. I perceive that the commissioners declined giving you any advice on the subject of your em ploying the ships under your command "in transporting disaffected citi zens of Lower California, after the ratification of the treaty." The Presi dent hopes that you have not hesitated to do so. It was an act of kindness due to those who had incurred a risk of compromising themselves by their demonstrations of friendship for us. Although in the despatch from this department to Commodore Stockton, from which Commodore Shubrick quoted in his proclamation of November, 1847, and in the Presi dent's message at the meeting of Congress, in December, 1847, the opinion was strongly expressed that the President foresaw no contingency in which the possession of the Californias would be relinquished, yet both those papers clearly show that the extent of our title was to depend on future events, and especially on the terms of a definitive treaty of peace.

You are aware that the treaty recently ratified was negotiated under peculiar circumstances. The injunction of secrecy having been removed

by the Senate, in regard to its proceedings on the subject, I send you herewith Senate document No. 7, marked "confidential," and dated February 23, 1848. In this printed document you will find the message of the President, transmitting the treaty and the correspondence between the Secretary of State and Mr. Trist. In the instructions to that functionary you will perceive proof of the strong desire of the President to include Lower California in the territory ceded to the United States by Mexico. Notwithstanding his anxious wish for this acquisition, influenced in no small degree by the considerations to which you refer, grave public considerations did not permit him to insist on it as an ultimatum, and thus defeat the hopes of peace. The inhabitants of Lower California, who may apprehend that they have compromised themselves by their friendly conduct to us during the war, have the President's warmest sympathies. He directs me to instruct you to extend to them every kind office in your power, and to give them all the aid at your command in realizing their desire to become inhabitants of the territory which is now ours by treaty. In doing so, you will be careful not to come into collision with the lawfully constituted Mexican authorities, or resort to any act of violence not authorized by the law of nations.

I am, very respectfully, your obedient servant,

Commodore THOS. AP C. JONES,

Commanding Pacific Squadron.

J. Y. MASON.

ment.

NAVY DEPARTMENT, February 22, 1849.

SIR: Your course, as indicated in your despatches Nos. 21 and 31, of the 15th July and 2d of September, 1848, is approved by the departThe inhabitants of California who had compromised themselves with Mexico, by acknowledging allegiance to the United States, pending our occupation of the country by military conquest, were entitled to the care and protection of the United States in leaving the country which was no longer under our control. The practice of all nations sustains the course pursued, and the despatches from this department, of the 27th of June, 1848, and the 20th of January, 1849, will show you more fully its views. Your disposition of your command to protect the settlers against the Indians, meets the approbation of the President.

I am, respectfully, &c.,

Commodore THоS. AP C. JONES,

Commanding Pacific Squadron.

J. Y. MASON.

Question 2.-Look at the paper now shown to you, and say in whose handwriting it is sigued?

Answer. It is the signature of the late Secretary of the Navy, Wm. Ballard Preston.

The paper is read in evidence for the accused, as follows:

NAVY DEPARTMENT, April 16, 1849.

SIR: Your despatch No. 43, dated "Bay of San Francisco, November 29, 1848," has been received.

The Ohio will not return to the United States by Cape Horn, but by the Cape of Good Hope. With my despatch of the 12th of January last, 1 transmitted for your information a copy of the instructions addressed to Captain P. F. Voorhees, commanding the Savannah frigate, which sailed from Boston on the 1st of March, ultimo, to join the Pacific squadron, as your flag ship. In the despatch referred to, yon was directed to transfer to Captain Voorhees the "Ohio," and despatch her to China. From thence she will return to the United States by the way of Bengal.

The department has confided to you an honorable and arduous command, and it is its wish that you should remain in the Pacific and complete your cruise as commander of the United States naval forces on that station. The difficulties to which you refer in your despatch, and the condition of the navy upon which you comment, calls loudly and imperatively upon every officer and friend of the service to exert himself assid uously to maintain its honor and usefulness, and elevate its character and glory. The condition of California is attracting great attention, and exciting the deepest interest on the part of every patriot and American. The increasing emigration of our population to that country demands protection and assistance, and the department invokes your most active exertions and best judgment in the discharge of your duty.

An additional force will be sent to you. The sloop of war "Falmouth," Commander Petigru, is nearly ready for sea, and will shortly sail from Boston to join your squadron.

In my despatch of the 14th instant, you were informed of the transfer from the War Department of the steamer" Edith." She will be of essential service to you as a cruiser along the coast.

I am, sir, very respectfully, your obedient servant,

Commodore THOS. AP C. Jones,

WM. BALLARD PRESTON.

Commanding U. S. Squadron, Pacific Ocean.

The testimony of the witness, as herein before recorded, is read over to him, and is acknowledged to be correctly recorded.

Samuel L. Harris, corresponding clerk of the Navy Department, heretofore sworn by the president of the court, is now recalled by the accused, and is examined by him, as follows:

Question 1.-Will you turn to my original despatch No. 19, to the Secretary of the Navy, and produce it to the court?

Answer. I have it here. It is dated June 19, 1848.

Question 2.-Will you read the passage which I now call your attention to?

Answer.-It is as follows:

"The accompanying paper, No. 3, presents a succinct account of the receipts and expenditures of duties as military contributions collected at Mazatlan while in our possession, from November the 11th, 1847, to the 17th of June, 1848, when the Mexican authorities were restored to full power over the town and port of Mazatlan."

A copy of the despatch is annexed to the record, marked "No. 19."