squadron destined to act out of the United States, and its commander must be in the full exercise of all his functions as the commander of a squadron on separate service.

Such is the beginning of the power in question; when and where does it terminate? Never, until the commander of such squadron is suspended, or meets with some superior commander, or returns to a port of the United States, where all powers as the commander of a squadron cease and determine at one and the same time, because he has then passed within the jurisdiction not only of a State, but of the President of the United States, who is the commander-in-chief of the whole navy. The power to convene courts. martial is not the only attribute conferred on the commander of a squadron while acting out of the United States, by virtue of his appointment to such command; among others, that of making acting appointments, transferring officers, designating employment for ships, drawing bills of exchange, &c., &c. These are powers which cannot be exercised by any naval commander within the waters of the United States; and as adjuncts to the power of convening courts-martial, they spring from a similar source; consequently, where any one of said powers is withdrawn or pretermitted by reason of any of the causes before enumerated, all share the same fate. The power to convene courts is the most important of all confided to a commander on distant stations; because, without that power, he is impotent, and can neither protect the innocent nor punish the guilty. That power was certainly conferred on me, by my appointment to command the Pacific squadron, when called into action at Callao and La Paz; I never heard that it was questioned. Notwithstanding, most of the officers now assembled not only made no objection to the taking the oath prescribed by law for members of a court martial, but they actually proceeded to try five of the "Warren's' crew, who ran away with one of her boats when that sloop was at anchor in this very port, and did sentence said deserters to be severely punished.

At La Paz the United States flag was flying; and that country was, for the time being, held by the same tenure by which we hold Upper California at this moment; for, as yet, no State or territorial government has been established in Upper California: consequently, since the sailing of the squadron from La Paz nothing has been done. No real change of circumstances has occurred to divest the present commander in-chief of the Pacific squadron of all the powers and authority lawfully exercised by him before the squadron reached Monterey. His appointment is to the command of the Pacific squadron; and its sphere of action, as defined by the Secretary of the Navy, is from Cape Horn to the extreme northern boundary claimed by the United States, including the Columbia river and Oregon, without any exception thereto, whatever.

If the commander-in chief of the Pacific squadron cannot convene a naval general court-martial, then is he stripped of all his power to com

Again, the President, in his message already cited, speaking of the collection of revenues in Upper California, holds the foll wing language: "As soon as our system shall be extended over the commerce," &., &. This sentence, taken in connexion with the preceding paragraph of the message, shows conclusively that, in the opinion of the President of the United States, California was without civil government, and that it required legislative action to bring that newly-acquired territory and its inhabit nts within the pale of the laws of the United States; so that, so far as regards the exercise of naval jurisdiction within her waters, California is as much "out of the United States" now, as she ever was; for, by the 9th article of the treaty of peace with Mexico, it is declared that, until Congress shall legislate upon the subject, the laws of Mexico shall be respected, and remain in force in all territories ceded by Mexico to the United States.

mand, and all law and order in the squadron is at an end; for there is no other or higher authority present to supply the defect or avert the evil, and the intervening space and time required to appeal to Washington is too great to hope for light from headquarters, even if I entertained reasonable doubt; from which, however, I am perfectly free, knowing full well, at the same time, that the first responsibility will fall upon he who gives a doubtful order, if it should hereafter prove unlawful.

In construing law, the interpolation of words to meet preconceived ideas is utterly inadmissible; the language of the law must be rigidly adhered to, and no forced construction or signification, not in common use, can be legally applied to change the context of written law.

That the absence of the words, "or the territories thereof," required to justify the construction some give to the 35th article of the act for the better government of the navy, was not the result of ignorance, or unintentional omission on the part of the framers of the law, is evident, inasmuch as we see by the 21st article of the same act, where it was intended to deprive courts martial of the power of punishing murder, (a crime which can be better judged of by a civil than military court,) the law expressly declares that the crime of murder, when committed, &c., &c., without the territorial jurisdiction of the same, may be punished. with death by sentence of a court-martial; thus showing that the legisla ture was mindful of its duty, and left as little to doubt or chance as possible, drawing everywhere a clear distinction between State and territo rial jurisdiction, and circumscribing or extending the power of courtsmartial, as in their wisdom seemed best calculated to meet the ends of justice and to avoid a clashing of jurisdiction between the civil and military, and between State laws and laws passed by Congress for governing the army, the navy, and the territories of the United States beyond the limits of the States. Thus, courts-martial cannot take cognizance of the crime of murder committed by persons belonging to the navy within the territorial jurisdiction of the United States, whilst all other offences com. mitted by persons belonging to the navy (murder only excepted) while on shore, shall be punished in the same manner as if they had been committed at sea. (See article 17th of act of Congress approved 23d of April, 1800.)

I might pursue this subject to much greater length, could it be necessary to show that the terms State and territories are not synonymous. Nowhere in constitutional law, nor in legal parlance, are they so understood or used, as may be seen by reference to decisions of the Supreme Court, and by acts of Congress. Instance the act for the suppression of the slave trade, approved the 2d of March, 1807. Look at its language: "bring into the United States or the territories thereof," &c. Had the legislature left out "territories thereof," it would have been perfectly lawful to have introduced foreign slaves into Louisiana, and through Louisiana into Mississippi, Arkansas, and Missouri-all territories of the United States when that act was passed-and from those territories into the States of the Union, because the Congress of the United States have no power to prohibit the slave-trade between the several States and the territories of the Union.

THOS. AP C. JONES, Commander in-chief U. S. Naval Forces, Pacific Ocean. Captain C. K. STRIBLING, U. S. Navy, &c., &c.

Against the apparent balance of four thousand two hundred and sixtytwo dollars and twenty seven cents remaining in my hands, after trausferring $18,000 to Purser Price on the 30th of August, 1849, there was a balance liable to be called for at any moment, of $1,829 50, due to Raphila Talemantes, Juan José Romera, Francisco Vallegas, Maquil Choza, and Padre Romaries, refugees transported from Lower California by ine at the close of the war, besides equally just claims known to exist but not acted on by the La Paz commission in July and August, 1848, by reason of claimant's absence from Lower California while the commission was in session. One of these unliquidated claims-that of Peter Davis-for $4,097 50, favorably reported on by Colonel H. S. Burton, was sent to me from Monterey after I had transferred the command to Commodore McCauley; of course that claim has not been acted on. These facts are stated to show that I have not kept inordinate or unreasonable sums to meet contingencies, which were likely, and in fact did occur, to say nothing of about $2,700 arrearage of pensions unjustly withheld from me, and which the military contribution fund* is most justly chargeable with.

LA PAZ, LOWER CALIFORNIA,

July 24, 1848. Pursuant to instructions from headquarters tenth military department, of April 26, 1848, and from Commodore Jones, commander-in-chief of the United States naval forces in the Pacific ocean, of July 20, 1848, (copies of which instructions are herewith attached,) a board composed of Lieutenant Colonel H. S. Burton, 1st New York volunteers, and Commander C. K. Stribling, United States navy, to examine into the claims of those inhabitants of Lower California friendly to the United States of North America who have suffered losses during the late war in their country, and who have severed their allegiance to Mexico by uniting in arms against her, or other active hostilities, convened at La Paz, Lower California, at 10 o'clock a. m., July 24, 1848. The board proceeded to the examination of the claims presented, but finding many of them imperfect, directed them to be perfected; and adjourned, to meet July 25, 1848, at 10 o'clock a. m.

JULY 25, 1848-10 o'clock a. m.

The board met pursuant to adjournment, and proceeded to examine1st. The claim of Francisco Losa y Sylva, a resident of the town of La Paz, Lower California.

After a close examination into the merits of said claim, the board award the said Francisco Losa y Sylva the sum of ($750) seven hundred and fifty dollars, in payment for liquors destroyed, and property taken for pub lic use during the month of November, 1847, by order of the officer commanding the United States forces stationed at La Paz, Lower California. This individual's claim is, altogether, $3,587. The board, in the award above stated, have not considered him entitled to any compensation for property lost or destroyed by his house being sacked and robbed on account of his refusal to join a guard composed of the most respectable inhabitants of La Paz, ordered by the commanding officer for the protection

* More properly speaking, prize-money earned by the navy.

of the private property in La Paz, at the time an attack was anticipated by the enemy's forces.

2d. The board considered the claim of Severo Eminas, a resident of the town of La Paz, Lower California, and award him the sum of ($400) four hundred dollars, for liquors destroyed and property taken for public use, during the month of November, 1847, by order of the commanding officer of the United States forces stationed at La Paz.

This individual's claim is, altogether, $2,278 20. The board, in the above award, have not considered him entitled to any compensation for property destroyed by his house being sacked and robbed on account of his positive refusal to join a guard composed of the most respectable inhabitants of La Paz, ordered by the commanding officer for the protection of the private property in La Paz, during the month of November, 1847, at the time an attack was expected by the enemy's forces, and from his known unfriendliness to the American authorities in the country. The board then adjourned, to meet again at 10 o'clock a. m. July 26, 1848.

JULY 26, 1848-10 o'clock a. m.

The board met pursuant to adjournment, and proceeded to examine3d. The claim of Antonio Mendoza, a resident of the town of La Paz, Lower California, and do award him, for

property seized by the Mexican troops during the late war in Lower California, on account of said Antonio Mendoza's friendliness to the Ameri can authorities.

And for one house $500, destroyed by order of the commanding officer when arranging his defence against the enemy, after the attacks of Novem ber 18 and 27, 1847. The said Mendoza has received ($200) two hun. dred dollars upon the account of his house. The said Antonio Mendoza is quite poor, has a large family, and during the late war has shown him. self very friendly to the American authorities in Lower California.

4th. The board examined the claim of Thomas Avilas, a resident of the jurisdiction of La Paz, Lower California, and do award him for one house, in the town of La Paz, ($350) three hundred and fifty dollars; and for other property, ($50) fifty dollars; all destroyed by order of the commanding officer at La Paz, while arranging his defence after the enemy's attack, November 18, 1847. This individual is friendly to the American authorities.

5th. The board examined the claim of "J. Smith," a resident of Lower California, and do award him ($50) fifty dollars, in payment for his losses at San José, during the time he was a volunteer, under arms, and assisting in the defence of San José against the enemy.

6th. The board examined the claim of Augustin Eschevarria, a resident of the town of La Paz, Lower California, and do award him the sum of ($150) one hundred and fifty dollars, for the payment of his losses by the enemy, and from his necessity to leave Lower California, on ac

count of his services for the United States during the late war in that country.

7th. The board examined the claim of Francisco Lebriga, a resident of the town of La Paz, Lower California, and do award him the sum of ($100) one hundred dollars, for the payment of a launch wrecked upon the island of Esperitu Santo, Gulf of California, while being used by some of the American troops at La Paz. This individual is compromised in favor of the American authorities.

8th. The board examined the claim of Maria Romero, a resident of the town of La Paz, Lower California, and do award her the sum of ($15) fifteen dollars, for the payment of her house; said house having been destroyed by the sailors of the United States ship Cyane for firewood.

9th. The board examined the claim of John Smith, a resident of the town of Comonder, Lower California, and do award him the sum of ($117) one hundred and seventeen dollars, for payment of losses sustained by him on account of his services for the American authorities in Lower California.

10th. The board examined the claim of Manuel Ferdugo, a resident of the town of Comonder, Lower California, and do award to him the sum of ($100) one hundred dollars, for payment of losses sustained by him on account of his services for the American authorities in Lower California.

11th. The board examined the claim of Bauptista Ganelon, a resident of the town of La Paz, Lower California, and do award him ($100) one hundred dollars, for payment of one house in El Palo, occupied as a lookout post by the enemy, and destroyed by a party of sailors from the "Cyane" some time during the month of December, 1847, and for one kitchen destroyed by order of the commanding officer at La Paz, while arranging his defence, November 18, 1847. This individual has been friendly to the American authorities in the country.

12th. The board examined the claim of Jesus Ferrer, a resident of the town of La Paz, Lower California, and do award him the sum of ($75) seventy-five dollars, for payment for liquors destroyed and property taken for public use by order of the commanding officer at La Paz. This individual is friendly to the American authorities.

13th. The board examined the claim of Louisa Palories, a resident of the town of La Paz, Lower California, and do award her the sum of ($100) one hundred dollars, for payment of one house destroyed by order of the commanding officer at La Paz, while arranging his defence after the attack of the enemy, November 18, 1847.

14th. The board examined the claim of Maria Ventura Flores, a resi dent of the town of La Paz, Lower California, and do award her the sum of ($50) fifty dollars, for payment of one house destroyed by order of the commanding officer at La Paz, while completing his defence, November 18, 1947, after an attack by the enemy.

The board adjourned, to meet at 10 o'clock a. m. July 27, 1848.

JULY 27, 1848-10 o'clock a. m.

The board met, and adjourned, to meet at 10 a. m. July 28, 1848.

JULY 28, 1848-10 o'clock a. m.

The board met pursuant to adjournment, and proceeded to examine— 15th. The claim of Antonio Vasquez, a resident of the town of La Paz,