had thought of requesting a medical survey upon him, to which he seemed most cheerfully to assent. The survey was made, and the report is in your possession. This occurred at Sansalito; and four days after this, we came up in this ship to this place; Lieutenant Stanly still on the sick-report, going on shore nearly every day; and on the occasion of some men deserting from some one of the boats of this ship, he volunteered, at night, to go on shore and look for them. A day or two after this he went on shore on liberty, and remained out of the ship all night, and until the next day, 9 or 10 o'clock, in direct violation of a general order of the squadron, and was reported by the 1st lieutenant (Mr. Pickering) to me for it. When Lieutenant Stanly returned on board, I had drawn up a report to you of the facts. He came into the cabin, and observed to me that he had violated an order of the squadron, by remaining out of the ship all night; that he had got in a frolic on shore, and regretted it. I then observed to Mr. Stanly that his course was a most suicidal one; that it must appear very strange to the watch officers of this ship that he could go on shore every day, and not be able to keep his watch, whilst they had to remain on board and do his duty. Lieutenant Stanly then observed that it should not occur again. He left the cabin, and I went immediately out on deck, and gave an order to the first lieutenant and surgeon, that no person who was on the sick-list should go on shore except upon the recommendation of the surgeon that it was necessary for the health; and not, as Lieutenant Stanly would have it, "not be injurious to the health." Lieutenant Stanly went to his duty that day, and continued on duty until some time alter we sailed. The report to you of the conduct of Lieutenant Stanly at Callao was exhibited to Dr. Addison and Lieutenant Pickering before it was sent to you, and declared by each of them to be correct. The long explanation represented by Lieutenant Stanly to have been made upon his return on board, certainly never occurred, and must be the offspring of some hallucination of mind produced by extracting that tooth. When Lieutenant Stanly came on board, he did enter the cabin, as he stated, and said he understood I was under the impression he was absent from the ship without leave; that he had gone up to Lima to have a tooth pulled. I replied he was on the sick report, and the surgeon told me he had not given his assent or recommendation to it. Mr. Stanly replied, "he had;" and I then observed, "Very good, Mr. Stanly." It is to be regretted Lieutenant Stanly could not make reference to some of his more recent commanders, as to his conduct; and I am very certain neither of the officers to whom he has referred would endorse him on the present occasion. I have the honor to be, very respectfully, your obedient servant, Commodore T. AP C. JONES, [No. 3.] Commander in chief U. S. Naval Forces, Pacific Ocean. U. S. SHIP ST. MARY'S, SIR: Your report of me to the commander-in-chief, which you have favored me with a copy of, is so inaccurate in its spirit, while it is so near the facts in its general outline, that I take the liberty of calling your attention to the fucts. The report opens with the implication that, (five months ago,) in consequence of an order from you that restrained me from liberty while on the list, I was immediately well, and returned to duty. Previous to having done so, I had a conversation with you in which you advised me, if I could, to go on duty, as, in consequence of the position which I was in, (alluding, I suppose, to the manner of my orders to this ship,) I was or would injure myself in the estimation of the superior officers of the squadron, by being on the list, and yet going on shore, &c., &c.; and that the ship wanted watch-officers very much, at that particular time, to keep the men from deserting, which they were more apt to do on the eve of sailing, and their positions, than at any other time, &c., &c. It would be more just and more military to suppose, sir, that this conversation caused me to go on duty; not the above orders, which placed no restraint upon my liberty. The second paragraph, which is the life of the report, may be construed into a charge, not only of a violation of the rules of the service, but an impeachment of my veracity. I do not believe that this is the construction intended to be offered; but I am glad that, in answering the first view, this last is also (accidentally) met. While at Callao, being on the sick-list, I received the doctor's advice, or assent, expressed or implied, to go on shore and have a tooth pulled. I went on shore for that purpose, with a tooth in my jaw, and returned with it in my pocket. On coming on board, I heard that the captain had said "I had left the ship without permission," and had sent for me to return on board-(making disrespectful remarks on the quarter deck, in a loud tone, and before my juniors and the crew.) I immediately request ed an interview. This is the substance of that interview: "I understand, Captain Johnston, that you are under the impression that I left the ship without the doctor's assent; as I am extremely mortified at the conse quences, I beg leave to explain. For several months, sir, 1 have been under the impression that if I had a certain tooth extracted, it might re lieve the neuralgic pains which I am subject to in the head and temples. Dr. Addison assented to the experiment; but on examining the tooth, said his instruments would not pull it, and advised me to try Dr. Bee. I went on board the 'Ohio,' but Dr. Bee said the same of his instruments, and advised a dentist. The day before yesterday I had another attack of neuralgia, which obliged me to go on the sick-list; yesterday I got the doctor's permission to go on shore and try the effect of having the tooth drawn. (Doctor Addison says I called him to my room, and said, 'Doctor, I believe I'll have this tooth out;' and he replied, Well, if you think it will ease the pain, try it; get a dentist to pull it.' This is the doctor's recollection; I consider this sufficient-equivalent to a permission. or a recommendation. It is not customary, in my experience, to ask the doctor's permission to go on shore with the military formality with which we ask the first lieutenant's permission, as the reference to the doctor is simply to ascertain whether it will be injurious to the health, &c.) I went on shore, and to the nearest dentist, and had the tooth drawn; for which I am sorry." You replied in your usual manner, when apparently satisfied, "Very good, Mr. Stanly. I didn't know when I came on board. I asked who was out of the ship? The first lieutenant said you were. I knew you were on the list, and the doctor told me he had not given you permission to go on shore," &c. There is another slight incongruity, I hope, in the meaning you intend to convey, and in what may be conveyed, viz: that. when asked by Mr. Pickering if I had the doctor's permission to go on shore, he answered "he had," the question was repeated, and again answered in the affirmative. A short time after, I saw the surgeon, &c. Mr. Pickering, sir, did not reiterate the question as above, which immediate repetition implies a doubt of my truthfulness; he asked me once, and I answered but once. Dr. Addison was in sight some ten or twelve paces on my return. Mr. Pickering asked me a second time the above question, and I answered, "I had; why?" He replied, "there was some mistake about it." As I do not of necessity always consider my commander's opinion of my abilities as the "urim and thummim" of judgment, I decline the last paragraph of your report, with the remark that I look back to the expressed approbation of Commodores C. Morris and J. Biddle, Captains McCauley and La Valette, gentlemen of virtue, patriotism, houor, and ability, with calm satisfaction. Such, sir, are the explanations that I tender to you. Should they not cause a change in your views, they will answer for the present, I hope, as the explanation which you are so kind as to suggest may be required by the commander-in-chief. Very respectfully, your obedient servant, To Commander Z. F. JOHNSTON, FAB. STANLY, Lieutenant. U. S. sloop St. Mary's. THE UNITED STATES vs. FABIUS STANLY, a lieutenant in the navy of the United States. CHARGE I-Disobedience of orders. Specification 1.-Contained in a letter written by Commander Z. F. Johnston, commander of the U. S. ship-of-war St. Mary's, dated U. S. ship St. Mary's, Bay of San Francisco, October 3, 1849, addressed to Commodore Thos. Ap C. Jones, Commander-in-chief United States naval forces, Pacific ocean; which original letter is hereunto appended, numbered 1. Specification 2.-Contained in a letter written by Commander Z. F. Johnston, commanding U. S. sloop-of war St. Mary's, dated U. S. ship St. Mary's, Bay of San Francisco, October 13, 1849, and addressed to Commodore T. Ap C. Jones, Commander-in-chief of the United States naval forces, Pacific ocean; which original letter is hereto appended, numbered 2, with Lieutenant Stanly's reply, No. 3. CHARGE II. Conduct unbecoming an officer and a gentleman. Specifications 1 and 2.-Contained in Commander Ž. F. Johnston's report to the commander-in-chief of the Pacific squadron; original letters Nos. 1 and 2 forming the specifications to the first charge, "disobedience of orders," and hereunto appended. Z. F. JOHNSTON, Commander, S. R. ADDISON, Acting Surgeon, Witnesses in support of the above charges. "A." FLAG-SHIP SAVANNAH, Off San Francisco, October 19, 1849. SIR: As soon as the trial of John Black, and four other seamen, now before the naval general court-martial of which you are president, is finally concluded, Commanders Z. F. Johnston and A. K. Long, Lieutenants J. B. Marchand and Simon F. Blunt, Lieutenants F. B. McNeill and Jas. W. Curtis, of the marines, will withdraw from the court, their services being otherwise required, and the remaining members, with the addition of Lieutenant E. L. Hardy, who will now take his seat, to proceed with the trial of Lieutenant Fabius Stanly. Very respectfully, THOS. AP C. JONES, Commander-in-chief U. S. Naval Forces, Pacific Ocean. To Captain PHILIP F. VOORHEES, President of the Naval General Court-Martial, &c. "B." FLAG SHIP SAVANNAH, Off San Francisco, October 20, 1849. SIR: The revised proceedings of the naval general court-martial for the trial of John Black and four other seamen, having been received and confirmed, the court martial, as constituted by withdrawal of the officers named in my order of yesterday, and by the further withdrawal of the junior member, should that be necessary to avoid the inconvenience and delay that often arise from courts martial being composed of even numbers, will enter upon the trial of Lieutenant Fabius Stanly, of the navy. Very respectfully, THOS. AP C. JONES, Commander in chief U. S. Naval Forces, Pacific Squadron. To Captain PHILIP F. VOORHEES, President of the Naval General Court-Martial. "C." UNITED STATES SHIP WARREN, Bay of San Francisco, October, 1849. I protest against the witnesses being allowed to hear the charges and specifications read; tending (as it does) to lead them to answer in the language of the specifications, &c. FABIUS STANLY, Lieutenant. "D." UNITED STATES SHIP WARren. I respectfully protest against being tried, on the ground of the illegality of the court. This port "being part of and within the United States," the commodore has no power by law to convene a court here. The decision of former courts on this subject, in this bay, can have but little weight on this occasion, for the circumstances are different. When it required several months to communicate with the Navy Department, there was a strong argument in favor of violating the law on this subject; the argument no longer exists. "E." GENTLEMEN: I am under the impression that the charges and specifications against me (except the one of having remained out of the ship in August last) have not been sustained. If, however, they have not been fully disproved, I beg the court to believe it, from the fact of my being unaccustomed to defend myself. I therefore request the court, if there is any point not clearly established for or against me, not to leave it to me to establish it; but, as impartial judges, to get at the truth. "F." FLAG-SHIP SAVANNAH, Off San Francisco, October 24, 1849. SIR: When the court-martial in the case of Lieutenant Stanly closes the testimony, should the accused ask for time to make a defence, the court will at its next meeting meet on board the United States sloop-of-war St. Mary's, in this bay. THOS. AP C. JONES, Commander-in-chief U. S. Naval Forces, Pacific Ocean. Captain PHILIP F. VOORHEES, &c. U. S. SLOOP-OF-WAR ST. MARY'S, Bay of San Francisco, Monday, Oct. 29, 1849-10 o'clock a. m. The court met pursuant to adjournment. Present: the president, all the members, and the judge advocate. Having terminated the trial of the case of the United States vs. Lieutenant Fabius Stanly on Saturday last, the 27th instant, and the proceed. ings on said case having been delivered to the commander-in-chief, there was no record before the court to be read. A communication from Commodore Thos. Ap C. Jones, commanderin-chief, &c., hereto appended and marked "P," was read by the judge |