Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-12-28

commander enc Pacific squadron order
the ports OF California Territory of the United States
have doubt upoa this subject myself at least until the
laws Of the United States extended this newly
quired Territory. The several and distinct courts composed
Of the senior and intelligent officers of the squadron
the younger officers deny and thereby produce doubts and
the minds OF others The sooner that
ton be settled by executive Legislative action the better
the and order this coast and the discipline
| and harmony of the squadron"
The reply Of the Department was a. follows:
"NAvr DEPARTMENT., JusE Is, ls4s.
.The question relation the right Of the commander.
cOurts-maal has been submitted the Attorney Gene
rail- whose opniont is hoped will be received in be
sent by Passed Midshipman Beae 81 not, II will be for
warded BY the first opportunity afterwards.
am very respectfully Jour GSsd'sns ss5v, psrsroN
Commanding u. s. Squadron. Pacific"
Thus still leaving me- till contrary opinion from the Aor-
ney General which TO pursue the course had
before pursued with their and approbaon which
distinctly informed them to be in accordance with my own
OF duty and understanding of the law, and that Il
was my intention 10 continue until otherwise instruct
ed never did receive any such Instructions and there
fore did continue to act.
Nov, If erred the true law in this matter, on whom
10 the responsibility, either legal moral 10 the legal
sPonsbty with me- with the Government whose sgen
was with whose knowledge and consent acted and whose
presumed and positive instructions executed As to the
moral responsibility let our relative situations be coniased
J. remote sea, engaged in arduous service
passed with unexsmped endorsements and difficulties, far
from home and all reliable Of information and legal
the Government the other hand surrounded with
all the and facilities for sound, sure, and prompt
judgment which the laws and institutions Of country
could afford Can the Government in the last strait
embarrassment Of this matter, decline their advice and with
hold their Instructions and throw upon the responsibility
of decision and action Can the Government now which
andn iuth
and which to the last withheld from any instructions of
contrary natue hold responsible and pursue me cmi-
naiy and at the hazard Of my character, and @ for
what did in their service, and with their consent and by
their instructions.
Would NOT this be perdy without an example from the
Government of any civilized nation Would the sphets
Of fraudulent" and "scandalus," and "against truth
dad faith, and honor" vshly and uDusily applied
conduct in the pouse and redundant rhetoric of these
charges much fairly characterize in the judgments Of
all honorable men, the conduct Of the Government which
would entrap and betrsy faithful servant am far from
applying these ephets to this Government any Of its Off
am far from thinking them merted; would seek
to reto reply to these charges otherwise than by prompt
and complete judicial vndcaion Of my integrity and conduct
The misfortune Of the Department. and Of the
Haordnay injustice towards in this NATTER is the of
proper official organizaon from which have had to report
less than three heads Of the Navy Department in brief
period Of many years. Secretary not informed Of the
official actions and decisions Of his predecessor and for my
faithful execution Of the orders OF Secretary, thrown
into arrest and sent to cour-maa by his But
Of these these hings and Of others that behind make
no complaint. might have expected that age, services,
official rank, and professional character would have shielded
from of the imputaions which have been leveled
against me- might have expected, looking back my
past life TO have stood before the Navy Department, and il
it should happen to before courtmaria Of my
peers, with of the presumpons in favor Of good char
acer and fair @ might have expected that in those parts
Of my official conduct whore good motive appeared good
motive might be imputed. l might have expected that,
in unsettled account current apparent Of
few dollars, to which my attention neuer called until
it in Of the specifications just read would pass for
merely, and would neither be suspected imputed for
"fraud" and " falsehood." But make complaints
and proceed to the fourth ground Of exception to wit:
That If erred in the Lz,D and my authority to
courts martial and execute their sentences not
offence Of wch this court take jurisdiction. It is OBJ
and unquesonab from the naval articles herein before
cited that my lawful authority for these acts turns wholly
the fact whether acting within out Of the United
States Now, within the United States and took the
lives these mon without any authority Of law for my pro-
ceedngs the act murder But Of that crime this court
has jurisdiction because, says the 2lst article Of war,
the crime murder, when committed by officer, seaman,
marine belonging any public ship vessel Of the United
States, WITHOUT the territorial jurisdiction Of the same, may
be punished with death by the sentence Of coumaral "
and no other article gives jurisdiction in
within the United States which the 2la article withhods
| and denies.
II is the charge is here laid Oppression" but the
/ specification makes it murder.
Oppression is underlined crime, recognised by the third
arcesyed oppression, but not defined in that article
elsewhere n written law court-maria is left TO
gather the definition from the usage Of the service, in
oil other offences defined by the set by any express
law but this power ASCERTAIN the definition Of the offences
merely part Of the judicial power Of all courts to ascertain
the meaning Of the general and ambiguous terms Of statutes
is not legislative power TO fix an arbitrary meanings to
meaning extend an old meaning still less
extend TO invade and override the rest Of the cr
mnsl law and under preence Of defining crime to
found oil crimes Because oppression Is not Defined does
follow that other crimes to lose their distinct and long
established and we'll settled definitions Murder is still
DER and Is not to be COMPOUNDED with oppression cruelty
On al these grounds pray the court to dismiss and quash
the third specification to the fifth charge null and void.
To all The other matters and charges which affect my ine-
gritty and honor make EXCEPTIONS and desire only full
and fair trial on the merits.
THOMAS AP c. JONES,
Late Commander ofthe Pacific Squadron
WAsHIHeToH, DEcEMBER ~, 1885,
Decision Of the Court in regard to Plea.
The third specification Of the fifth charge that al
the times therein stated the aceufed then being in command
of the United States naval forces in the Pacific ocean,
invested with the power conferred by the 30th and 4ls a
cles Of the act Of Congress entitled AN act for the better
government Of the navy Of the United States approved 10th
May, 1900.
The specification does not seek to inquire into the facts
upon which the proceedings therein referred based,
charges him with the imputed him Of oppes
sion. for which be bad warrant authority Of law.
The question: therefore, which this called upon to
decide whether the accused had such aud authority
of law or not
it, solution must depend upon the true construction Of the
articles above cited
The |, Of opinion that upon the true construction Of