The Sun.
London, England, 1846-08-28 00:00:00

FROM THE SAME.

"None of the mails yet arrived have brought me a word
about the Oregon since the letters and orders you saw before
you left the coast of Mexico last year."
" Valparaiso, Jan. 15, 184 G.
"I wrote you on the 10th, but if you remain on the coast
of Mexico this will perhaps reach you earlier by the Fisgard.
I have the official Admiralty letters directed here to the
early part of October; they contain no mention of Oregon or
any other subject of any consequence, and I have never re-
ceived a paper in which that country or California is men-
tioned since that you saw on your way to the northward.
Before the Fisgard arrives it is probable that the November
and December mail will reach San Blas, and may show more
what is likely to be the event. I intend leaving this early
next month to get the December mail at Payta, and probably
that of January, and then come on to San Blas, if the
affairs which make a collection of the squadron expedient
have not ended, which I think doubtful or unlikely. This is
uncertain about reaching you, and I have not attempted to
fetter the exercise of your discretion by any precise orders if
you remain on the coast."

FROM HER BRITANNIC MAJUSTY'S CONSUL AT TEPIC.
" February 28.
" I see nothing to make me believe there will be a war
about Oregon ; they are debating the affair in the American
Congress. and the upshot will he much bluster and nothing
done; but your dispatches will enable :N ou to know the
views of England, of which I am ignorant."
Being satisfied, therefore, from these communication, as
well as from other sources (for I lost no opportunity of
seeking information wherever it could be obtained) that
there was no probability of the friendly relations be-
tween this country and the United States being dis-
turbed, and it being unnecessary for me to continue on
the coast of Mexico for the protection of British in-
terests, I proceeded to obey that part of the Commander-
in-Chief's order of the 10th October, 1845, which directs
me to embark on board the America such specie as the
merchants might wish to send to Valparaiso or to Eng-
land, and then to leave the coast of Mexico in January
or February, and to proceed to Valparaiso, where I
should receive further orders. I accordingly commenced
receiving on board specie belonging to the merchants,
and whilst doing so I addressed a letter to her Britannia
Majesty's Consul at Tepic, requesting his opinion as to the
course I should pursue, to which I received the follow-
ing reply:—

"Tepic, January 21,1846.
" Since you ask me my opinion about your own move-
ments, I shall say that I think you had better go on as you
are doing, receive specie, and remain at Mazatlan as long as
you prudently can—l should think till about the 20th of
February. Come down to San Blas, be there about the 21st,
and leave on the let of March. This would give you another
month to see how affairs turn out. lam certain Paredes
will be out with whatever plan he may be hatching; and
who knows but something may turn up that may make the
American Commodore take himself oil' before the time you
are ready to sail? I enclose you a copy of a document
signed by the merchants at Mazatlan, and now under signa-
ture by those of this place, and which I shall send to the
admiral, in hopes it may induce him to send you home. It
is really very desirable that property should be on board a
stout vessel in these times, and you have now two vessels to
leave. Sir Thomas Thompson can look atter the Yankees,
and all you could do is to look after them, for whatever may
happen I presume you would not tight them without a war
being declared with England."
Having, therefore, received on board specie to the
amount of 1,800,000 dollars to be conveyed to England,
and having sailed from Mazatlan on the 27th of Februry
and San Bias on the following day, I reached Valpa-
raiso on the 20th of April Before leaving Mazatlan,
however, the requisition (alluded to in the letter which
has just been read) from the merchants who had shipped
treasure on board the America, was addressed and sent
to the British Consul at Tepic, requesting him to repre-
sent to the Commander-in-Chief the importance to their
interests of having the specie conveyed to England in
the America, and that it might not be transhipped into
any vessel of inferior force. A copy of this docu•
ment was sent'to me, together with a letter, under a
flying seal, directed to the Commander-in-Chief, from
her Majesty's Consul at Tepic, strongly recommending
the adoption of that measure. This important docu-
ment has already been read. On my reaching Valpa-
raiso I was placed in circumstances of great perplexity
and responsibility, since neither did the order of my
Commander-in-Chief, of the 10th of October, 1845,
nor that of the 13th of February, 1846, contain any
directions as to the disposal of the treasure which I had
on board. Entrusted, therefore, as I was with so large
an amount of property belonging to British merchants
for safe conveyance to England—insured as that pro-
perty had been (although without my previous know-
ledge) as specie to be conveyed to this country by the
America—receiving, as I had done, a copy of so power-
ful an appeal from the merchants to whom this treasure
belonged—left, as I was, without the possibility of coin-
municating with my Commander-in-Chief for several
months, I felt a great weight of responsibility in deter-
mining what course I ought to pursue. I had no fear
whatever of war with America, but still under the feel-
ings of irritation manifested by individual officers of the
United States, there was the possibility of a hostile
encounter with a vessel of small force, conveying so
large an amount of treasure—an event which might
have proved, in all respects, most disastrous in its
consequences. That the dread of such an encounter
was felt by all the merchants at Mazatlan I shall be able
to show by the testimony of one of those gentlemen, Mr.
Kelly, who being in England, and seeing by the public
prints that I was about to be tried by court-martial,
kindly wrote to me from Liverpool, volunteering that
evidence which he is here to-day prepared to give.
From that gentleman's testimony the Court will learn
that insurances could not be effected upon freight sent
home to England under the war rate of 3 per cent., in-
stead of the usual rate of 1 per cent., and that the mer-
chants knowing that on a former occasion, when there
was a probability of hostilities between the United
States and Mexico, the Americans took pesses,ion of
California before any declaration of war, were naturally
in a great state of alarm, lest the treasure belong-
ing to them, if sent by a ship of inferior
force, might come into collision with an Ame-
rican ship of larger force, and be captured. From the
orders also left by the Commander-in-Chief for Captain
Onslow, of the Daphne, that the treasure, which might
be brought from San las should be sent to England,
either by the Salamander, if a small amount, or by the
Daphne, if a larger sum, it was perfectly obvious that it
was the Commander-in-Chief's desire that the amount of
force to be employed for ,the protection of the specie
should be proportioned to the amount to be protected;
whilst it was equally clear that the orders did not con-
template so large an amount of treasure being brought
from San Blas as was shipped by the merchants fur its
special protection on board the America. I was still
further impressed with the necessity of having this large
amount of specie conveyed by a ship of superior force to
the Daphne., by the fact that the Commander in-Chief
had himself evinced a doubt as to the safety of sending
specie to England by the Daphne, by giving directions for
the insura.ric,3 of his share of whatever amount might be
transmitted by that vessel. After, therefore, devoting
the whole senergies of my mind to the consideration of
the subject, and most maturely deliberating on the step
which ought to be taken, and after seeking the opinion
of those upon whose judgment reliance might be placed,
I felt assured that it was my duty to convey to Eng-
land in the / America the treasure which had been so en-
trusted to me, and I had no hesitation in believing then,
as I do at the present moment, that the decision at
which I arr ived would be fully approved by my Com-
mander-in-Chief, to whom I wrote at Valparaiso
the letter .of the 22d April last, which has already
been read. The contents of that letter will, at once
show that 1 was not acting in wilful and, upjUstifiable
disobedience to the orders of the Commander-in-
Chief, but that I was actuated only by an anxious
desire, under the peculiar circumstances in which I
was placed, to discharge what I fully believed to be
my duty. 1.1. may appeal to the experience of this Hon.
Court in p.rc,of of the fact, that in the course of our ser-

vice, and-e
specially on foreign stations, an officer is
sometimes p: laced in circumstances which must necessa-
rily invest hi m with a large amount of discretion in the
discharge of his duty, even to an apparent deviation
from orders -received. In those circumstances I have
been placed; that discretion I have exercised to the very
best of my Judgment; and it is satisfactory for me to
know that it have been borne out in the opinion under
which I ac,to d, by a continuance of the peaceful relations
between this country and the United States; for this
Hon. Court, •will, I trust, readily believe me when I say
that if I had for one moment believed it probable that

those peace ft d relations would have been disturbed, no
considerati an whatever should have induced me to pro-
ceed to En gl and without express orders from my Com-
mander-in- Cliief. The Daphne was left by me for the
protection of British interests in Mexico, and I am
not aware 'clia t either her Majesty's service or any inte-
rests whate ,ve:r can have suffered from the step which I
have felt it to be my duty to take. On my arrival in
England I was. surprised to find that an order for court-
martial had been issued to try me for disobedience of
the Comma: liler-in-Chief's order of the 13th February,
and that the most calumnious and exaggerated misrepre-
sentations of the circumstances of this case were reported
in the publ is newspapers. I trust that it is scarcely
necessary fi w me, in the presence of this lion. Court,
to give a distinct and indignant denial to the imputation
of my hay ing been actuated by base and mercenary
motives in 1 winging this freight to England. Those who
know me bt ,st will at once pronounce me incapable of
having so a. eted from any undue regard to personal ad.
vantage, eve n although its amount bad been large, in-
stead of beit g, as it is, comparatively small. And, as a
proof that I 4.. ave not been actuated by any interested mo-
tive, I beg ► tc mention that I took the earliest opportu-
nity on my Lei rival at home of adopting measures for
reserving the ifs hole amount of whatever might be derived
from the conva yance of this treasure to England, in order
that the same may be transferred to the agent of Cap-
tain (Maw, of the Daphne, or any other officer who
may have I .uffered pecuniary loss from the step
which I b tvie taken, although no complaint or re-
monstrance has been made by Captain Onslow or any
other offict I may also add, as another proof
of my not bei 'mg influenced byselfish or interested motives,
that before •t, 'e left Mexico I distributed amongst my
ship's comp any more than 1,0001., part of moneys that
were at ray sole disposal, whilst the remainder was ex-
pended in d acorations to her Majesty's ship which I have
the honour . to command. The letter addressed by me
from Spiihea, d to the Admiralty was written under poig-
nant feelings ..of regret, that I should, by a discharge of
what I concei ed to be my duty, have incurred the dis-
pleasure of th eir Lordships ; and any expression contained
in that letter, .of my having acted erroneously, was in-
tended to co nvey my acquiescence in and deference to
their Lordshi ra' judgment, and-no: as admitting that I '

was influenced by any other than what I firmly be-
lieved to be a sense of duty when I left Valparaiso. It
now only remains, Sir and gentlemen, for me to thank
you for the patient attention which you have given to my
explanation of the circumstances under which I now
stand before you. That explanation will, I trust, be
satisfactory to the high-minded and distinguished Bri-
tish officers of which this court is composed. To such
honourable keeping I may safely confide my character,
dearer to me than life itself. For many years engaged
in the same service as yourself, I have to the present
moment borne an irreproachable name. I rely with
confidence on your justice and impartiality, and, re-
tiring as I shall do from this court with the conscious-
ness of having, to the best of my judgment, discharged
my duty, I trust that I shall carry with me the
approval of this Honourable Court ; and that I shall be
at once restored to the service of my Sovereign and my
country, possessed of that jewel of inestimable value to a
British officer—an unblemished reputation.
Mr. Kelly, a merchant, carrying on business at
Mazatlan. was then called and sworn. He stated that
he had shipped nearly 2ii,000/. on board the America ;
that the merchants at Mazatlan felt alarm, and sent the
requisition to Captain Gordon, and that in fact the
underwriters in England exacted treble premium for in-
suring against capture. The merchants felt more sure
by having their specie on beard so large a vessel ; though
he for himself should scarcely suppose the Americans would
take specie out of an English man-of-war by force, no
declaration of war being made. The witness stated that
the American force in those seas consisted of two frigates,
three sloops, and two store-ships.
Captain ROBB—As a British merchant, do you con-
sider that your interests would have materially suffered
if the requisition had not been attended to ? Witness—
As circumstances have turned out, I see now that they
would not ; but at that time, with a large amount of
property at stake, there was great anxiety in the unset-
tled state of affairs.)
The case being then closed, the Court was cleared. In
about 20 minutes the doors were opened, and the follow-
ing witnesses were called by the Court and examined by
the DEPUTY JUDGE-ADVOCATE :
Lieutenant Agassiz—l am First Lieutenant of the
America. Captain Gordon consulted with me in re-
gard to taking the treasure home to England in the
America from Valparaiso. The first time I told him
it was difficult to give an opinion, not knowing
all the circumstances, and I must be prejudiced,
as I wished to go home. Captain Gordon replied, "So
do I ; but it is against my interest, as it will be my next
turn for freight ; but I think I am bound to go home by
this requisition." I asked time to consider, and after-
wards understanding that Admiral Seymour's orders
were not against it, 1 said I thought he would be obliged
to go home ; if anything hapi,ened to the freight I
thought the insurance office would come upon him. He
had told me the Admiral's orders were not against his
going home ; that his orders were distinct, to protect
British property—British interests. I believe the
Americans had at Mazatlan, when we left, two 50-gun
frigates, two 22-gun corvettes, and a schooner ; but I
cannot speak to the calibre of the guns, for I never was
on board. The French had a frigate at Mazatlan, and
a brig and corvette at Valparaiso. There was, I believe,
no English frigate in the Pacific of the size of the
America when she left Valparaiso for England. No
treasure was taken out of the Daphne.
Mr. C. Thorndike, the master, sworn—The Americans
had at Mazatlan, when we left, two frigates, two or three
corvettes, and one store-ship. I was never on board
them. The Commodore's ship was the Savannah ; the
other frigate was the Constitution. One of the cor-
vettes was the Portsmouth, I remember. They called
the frigates 50-guns, but I believe they mounted 54.
There was, I believe, no English frigate in the Pacific,
of the size of the America, when she sailed from Val-
paraiso for England ; the Grampus was expected daily;
in fact so much so, that we thought a large vessel ice
saw the next day was that. I do not know what force
the Americans bad in the Pacific. The French frgate
had left Mazatlan before we did. 'When we were at
Valparaiso, the Commander-in-Chief was reported to
be to the northward, at San Blas ; we bad called there
on our way, but I did not hear that he was then ex-
pected there. It would take three or four weeks for the
America to sail from Valparaiso to San Bias.
Coln Wm. Lindsay, second lieutenant of the America,
was then sworn and examined by the DEPUTY JUDGE-
ADVOCATE.

What force had the Americans at Mazatlan when the
America sailed from that place?—Two frigates, two cur-
vettes' one small schooner, and a store-ship.
Sir C. OGLE—Do you know the force of those ships?
—No ; they were large frigatos ; 44 or 46 guns they
called them.

Captain CaAm—Never mind what they called them.
Sir C. OGLE--Did you go on board of them?—l went
on board the Commodore's.
Do you know what metal the frigates carried—what
was the actual number of their guns?—l do not know.
Do you know the names of the frigates?—The Savan-
nah and the COnstitution.

Was there any English frigate in the Pacific of the
size of the America when she sailed for England from
Valparaiso?—Yes ; the Fisgard and the Talbot were
there.

Admiral PARKER—Do you call the Fisgard the size
of the America?—No.

You don't understand the question. Was there any
English faigate in the Pacific of the size of the America
when you sailed for England?—l don't know.
What force had the Americans in the Pacific?—l am
not aware.
What had the French? —I am not aware.

Was any treasure taken out of the Daphne?—None.
Captain CHADS—HOW long were you lying in com-
pany with the American frigates ?—I do not know the
exact time; perhaps six weeks. .
Were you doing duty in the America at that time?—
Y es.

How far were the American frigates from you?—
About 500 yards.
___

Was there any rumour of a difference between Eng-
land and America at that time respecting the Oregon
territory?—Not officially; not to my knowledge; not
that I heard of.

Had you no knowledge that there was a requisition
from merchants to carry the treasure to England in con-
sequence of some difference?—Yes; so far as that they
had written a requisition for the America to go home
with the money.
Captain CHAPS—Did you not feel it your duty as an
officer to ascertain the force of ships that might have
been your enemy next day— to count their ports?—Yes.
State the force—The Savannah had 48 32-pounders,
but I believe six of them on the main deck were of
heavier calibre. The Constitution had 44 or 46 guns.
Captain CRAGS observed—Your evidence is not what
it ought to be, sir, as an officer, and you have given it
with great hesitation and prevarication, and that the
Court ought to consider.
PRESIDENT—Certainly it has :been with great diffi-
culty that we haie extracted the evidence from you.
Captain Pasco made an observation to the President,
and the court was again cleared. After the lapse of a
few minutes the doors were opened.

The "PRESIDENT then, addressing the last witness, said
—k am extremely sorry to be authorised by the Court to
express their opinion of your conduct in giving your
evidence as unbecoming the character of an officer ; and
that opinion of the Court will be recorded.

Lieutenant Lindsay—l am very sorry the Court
should view my conduct in that light. I was not
aware that I should be called as a witness until twelve
o'clock, or I should have endeavoured to have collected
my thoughts on the subject, and should have been able
to have answered more explicitly.
The master was again recalled, and was asked by the
Court, how. long was the run from Mazatlan to Valpa-
raiso to which he replied, that the average passage was
about four or five weeks.

Captain Gordon remarked—You said 90 days.
The PREPIIDENT then inquired of Captain Gordon, if ho
had anything more to offer, and having answered in the
negative, the Court was then ordered to be cleared for
the last time, it being about ten minutes past one.
At a quarter-past two admission was again obtained,
when the following verdict was read by the Deputy
Judge Advocate, after reciting the charges, the Court
standing with their cocked-hats and gloves on :
" Having heard the evidence produced in support of
the charge, and by Captain the Hon. John Gordon in
his defence, and what he has alleged in aid thereof, and
having maturely and deliberately weighed and consi-
dered the whole, the Court is of opinion that the charge
has been fully proved against Captain the Hon. John
Gordon, but that in sailing from Valparaiso for England
in the said ship America, with the said treasure on
board her, the said Captain the Hon. J. Gordon was not
actuated by his private pecuniary advantage. And the
Court do adjudge the said Captain the Hon. John
Gordon to be severely reprimanded, and the said Captain
the Hon. John Gordon is hereby reprimanded accord-
ingly."
The Court then rose, and left the ship. The result
was received by the majority of the assembly with some-
thing like disappointment, and appeared very much to
surprise the Gallant Captain himself. The feeling
among the officers was evidently in his favour after
hearing the evidence and defence. The Master at Arms
having presented Captain Gordon with his sword, in
company with his brother, he went ashore in his gig.