JANUARY 31, 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 J. M. Carlisle, esq., judge advocate.

The record of the proceedings on yesterday is read and approved. The court is cleared, and the reading of the testimony is resumed and concluded.

The court then proceeded to deliberate upon the same, and to consider of their finding in the premises.

And this business not being concluded at half-past 3 o'clock p. m., the court is opened, and adjourned until to-morrow morning at 10 o'clock.

FEBRUARY 1, 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 J. M. Carlisle, esq., judge advocate. The record of the proceedings on yesterday is read and approved. The court is cleared, and proceeds further to deliberate upon the testi. mony, and to consider of its finding upon the charges and specifications of charges before it.

And after full and mature deliberation in the premises, the court doth find that the first specification of the first charge is proved, except the words "unlawfully and fraudulently," therein contained.

the

That the second specification of the first charge is proved, except words "and fraudulently," wheresoever they occur in the said specifi.

cation.

That the third specification of the first charge is proved, except the words" and on divers other days and times in the said month;" and ex cept the words "fraudulently" and "deceitfully" wheresoever they occur in the said specification; and except the words "and committing a fraud against the said United States."

That the fourth specification of the first charge is proved, with the modification expressed in the finding upon the last preceding specification, (so far as the same is referred to by this fourth specification,) and except also the word "fraudulently."

That the fifth specification of the first charge is proved, with the modi fications expressed in the finding upon the third specification of this charge, (so far as the same is referred to by this fifth specification,) and except likewise the word "fraudulently," wheresoever the same occurs in this specification.

And that of the said first charge the said Captain Thomas Ap Catesby Jones, of the United States navy, is NOT GUILTY.

That the specification of the SECOND charge is proved, except the word "fraudulently," wheresoever it occurs in the said specification; and except the words "thereby attempting a fraud against the United States.

And that of the said SECOND CHARGE the said Captain Thomas Ap Catesby Jones is NOT GUILTY.

That the FIRST specification of the THIRD CHARGE is proved.

That the second specification of the third charge is proved, except the malicious intention.

That the third specification of the third charge is proved, except the guilt of wilful and deliberate falsehood.

And that the said Captain Thomas Ap Catesby Jones of the said third charge is GUILTY.

That the first specification of the fourth charge is proved.

That the second specification of the fourth charge is proved, except the time laid therein, it being proved that the official letter therein mentioned was not received by the accused until the 2d day of September, 1849. That the third specification of the fourth charge is not proved.

That the fourth specification of the fourth charge is proved, except the words "negligently and," where they first occur in said specification. And that of the said FOURTH CHARGE the said Captain Thomas Ap Catesby Jones is GUILTY.

That the first specification of the fifth charge is proved, except the words and maliciously," wheresoever they occur in said specification. That the second specification of the fifth charge is proved, except the words "opressively and maliciously," and except the words "without any sufficient reason of public duty, and solely for the gratification of his spite and malice against the said Lieutenant Stanly."

And that of the said fifth charge the said Captain Thomas Ap Catesby Jones is GUILTY.

And the court doth therefore sentence the said Captain Thomas Ap Catesby Jones to be suspended for five years; and that his pay and emoluments be suspended for the first two years and six months of the said time of his suspension.

CHS. STEWART, President.

L WARRINGTON.

JNO. DOWNES.

H. E. BALLARD.

W. BRANFORD SHUBRICK.
LAWRENCE KEARNY.

JOHN D. SLOAT.
M. C. PERRY.

J. M. CARLISLE, Judge Advocate.

Remarks by the Court, accompanying the finding and sentence.

The court thinks it proper to remark, that it has been induced to add to the suspension of the accused the suspension of his pay and emoluments for a portion of the time, from a consideration of the facts proved before it touching the profits made by him from the improper and unauthorized use of the public money.

The court further remarks, that, in substantially acquitting the accused. of the matter charged in the second specification of the third charge, it does not mean to be understood as entertaining the slightest doubt of the injustice done to the three lieutenants (Green, Marchand, and Craven) by the language quoted in the specification from the accused's despatch

No. 34. The court has discovered nothing in the testimony in any man. ner affecting the character of those officers, or either of them; but the court did not find it proved that the alleged libel, which is contained in an official and privileged communication, was written and transmitted by the accused with malice. CHARLES STEWART, President.

J. M. CARLISLE, Judge Advocate,

And thereupon the president of the court presents the following com munication from the Secretary of the Navy, which is read by the judge advocate, to wit:

NAVY DEPARTMENT, February 1, 1851.

SIR: The department having been informed by J. M. Carlisle, esq., judge advocate of the naval general court-martial, of which you are the presiding officer, that the trial of Commodore Thomas Ap C. Jones has been concluded, it has no further business to bring before the court as now constituted. It is accordingly adjourned sine die.

I am, respectfully, your obedient servant,

WILL. A. GRAHAM.

President of Naval General Court-martial, Washington.

Commodore CHARLES STEWART,

And thereupon the court is adjourned sine die.

CHARLES STEWART, President.

Attest: J. M. CARLISLE, Judge Advocate.

NAVY DEPARTMENT, February 18, 1851.

I have examined the foregoing record of the proceedings of the court. martial for the trial of Captain Thomas Ap C. Jones, and approve the action of the court in quashing the third specification of the fifth charge. I am of opinion that the findings of the court on the other charges and specifications are in accordance with the evidence, and do hereby confirm the sentence of the court against the accused.

WILL. A. GRAHAM,
Secretary of the Navy.

Copy of the order dissolving the court.

NAVY DEPARTMENT, February 19, 1831.

SIR: The department having reviewed the proceedings and confirmed the sentence of the naval general court-martial recently convened in this city, in the case of Commodore Thomas Ap C. Jones, the court is hereby dissolved.

I am, respectfully, your obedient servant,

Commodore CHARLES STEWART,

WILL. A. GRAHAM.

United States Navy, Washington, D. C.

U. S. Navy, Washington, D. C.:

of

By virtue of the authority contained in the act of Congress, approved the 23d of April, A. D. 1800, for the better government of the navy the United States, a naval general court-martial is hereby ordered to convene at the navy yard, Washington, D. C., on Monday, the sixteenth day of December, eighteen hundred and fifty, or as soon thereafter as practicable, for the trial of Captain Thomas Ap Catesby Jones, of the navy, and of such other persons as may be legally brought before it. The court is to be composed of the following named officers, any five of whom are empowered to act, viz:

Captain CHARLES STEWART, U. S. N.

CHARLES MORRIS,

NAVY DEPARTMENT, December 12, 1850.

SIR: Commodore Morris and Captain Lavallette have been relieved from duty as members of the naval general court-martial ordered to convene at the navy-yard, Washington, on the 16th inst.

I am, respectfully, your obedient servant,

Commodore CHARLES STEWART,

U. S. Navy, Philadelphia.

WILL. A. GRAHAM.

C.

NAVY DEPARTMENT, November 20, 1850.

SIR: The naval general court-martial, of which you are appointed judge advocate, has been ordered to convene at the navy-yard, Washingtou, D. C, on Monday, the 16th day of December next; at which time and place you will appear, and report yourself to the presiding officer of the court.

Your compensation will commence from the 16th proximo, the date of your entrance upon the discharge of your duties.

You will receive, herewith, blank subpoenas, to be used as occasion may require.

I am, respectfully, your obedient servant,

J. M. CARLISLE, Esq.,

WILL. A. GRAHAM.

Washington, D. C.

NAVY DEPARTMENT, January 23, 1851.

SIR: In consequence of the serious indisposition of Commodore Geo. C. Read, he has been, at his own request, relieved from further attendance on the court-martial over which you preside.

I am, with high respect, your obedient servant,

Commodore CHARLES STEWART, U. S. N.,

WILL. A. GRAHAM.

President of Naval Court martial, &c., Washington, D. C.

D.

Mr. President: I respectfully request that the court will not proceed further to day, my counsel not being in attendance. I shall be prepared to answer to the charges exhibited against me to-morrow morning, at such hour as it may please the court to appoint.

THOS. AP C. JONES.

E.

Mr. President: I desire to have the aid of Walter Jones, esq., who, with permission of the court, will attend its sessions as my counsel. THOS. AP C. JONES.

DECEMBER 17, 1850.