The daily republic. [volume] (Washington, D.C.) 1853-1853, 1853-07-21

WAsnMcroS, July 10, 1853.
1 II was announced soma days ago that the Al
torney General Of the United States had made a
decision relative to the construction of the law
}granting extra to officers and seamen engaged
in the naval service Of the United States on the
coast of California and Mexico, in the Pacific
ocean, during the war with Mexico; but have
seen no statement yet to what that decision
was. The Pacific ocean, ON the coast of Cali
fornia and Mexico" is a very general term
Tho 'Pacifc station is known to our navy
as the Pacific ocean from Cape Horn north
and extending west to the cruising ground
of the East India squadron. 1t would be diff
cult to tell exactly where, or when, u vessel
on the Pacific station came upon the sscoast Of
California or Mexico" if the law granting extra
pay were to be literally construed The late ad-
ministration, in executing the law of SO grant
| ing extra pay to sailors of the navy who were
faithful to their flag during the early gold excite
ment in California, construed it so as to give the
extra pay to all seamen of the navy on the Spa
cifc station" during that period The law of SO,
(Senator OWNS 81 the construction of which has
just been subject of dispute, granted the extra
pay in precisely the terms with the law of the
year previous. The Administration proceeded to
execute it, therefore, according to the construction
adopted in the first instance. After the partial
execution of the law, doubt was raised and the
Attorney General was called upon for an opinion
to the validity of the construction on which the
law was being executed, and further payments
were suspended meantime.
MIR. Gushing, without examining into the pro-
priety Of the original construction allowed by Mr..
Fillmore s administration, is of opinion that Con-
gress must be supposed to have known how the
law of SO was construed; and in usng-in the
law of '53-the precise words which in the law of
80 had been held to give extra pay to all officers
and seamen on the Pacific station, must have de-
signed the later law to be Just broad in its oper
alton. 1t will be seen, then, that Senator Gwin s
law of last session gives the extra pay to every
officer and sailor of our navy who served any
where on the Pacific station during the war with
:. Mexico. The Attorney gave this decision the
more readily because the law had been partially
executed before the point was brought to his at
tention, and justice demanded, no less than sound
policy, that there should be no discrimination
made to the disadvantage of those whose similar
claims had not yet been acted upon.
II The law, thus construed will distribute not
less, and probably more, than $4,000, 900 among
f our hardy tars. | confess l disagree with those
who regret this result, or who suppose Con-
gress Cor that portion of it who gave the ques-
ton any attention whatever) did not expect to
vote away so large sum of money when Mr..
OWNS proposition was carried.
j The Navy Department has received a letter
from Commodore Perry, Tin command of the East
India squadron.) dated Macao, 9th April. We
have had later dates than this from China, OF
course, by the overland mail; nevertheless the
Commodores exposition of affairs is interesting
because we kno,c its reliability. The Commodore
writes that every thing quiet at Canton, al
though the progress of the insurgents had created
some uneasiness. No mention is made of any
interference by Hon. Humphrey Marshall up to
that time in the internal affairs of China either in
favor of the revolutionists or imperialists. The
steamer Susquehanna designed for the g-shp
of the squadron) had gone up to Shanghai, on
requisiton Of Mr.. Marshall, which fact had caus
!, ed Commodore Perry not little embarrassment
Il 1t was his intention to sail within day or
two for Shanghai, and from thence to japan.
The Commodore does not anticipate the ac-
complishment of any thing definite on his first
visit to Japan, further than to make such demon
STATIONS and observations as will enable him to
learn the disposition of the Japanese with respect
to the object of his mission. Contrary to expec-
taton, no information on this point is to be had in
China
The squadron will probably return to Macao
about the month of October next and repeat its
visit to Japan next spring. In the meantime the
vessels of the squadron will be usefully employed,
far possible, in making explorations and sur
veys with view of establishing depots and ports
of supply for vessels raversing the route between
California and China, which is already much
travelled.
1t is expected that fleet surgeon Edmund l.. Du
Barry will return home from the East India
squadron at an early day.
The steamer Princeton will probably be allowed
to try that "bout'' with shoal of mackerel, and
see which is strongest Chief Engineer Martin
reports from Portsmouth, New Hampshire, that
sho can probably be ready for within a week.
She will accordingly go to the fishing grounds;
and if her tea-ketles don't behave any better than
on her last run, they will be Immediately taken
out and pair of boilers substituted.
Attorney General Gushing recently decided an
other question, referred to him by the Navy De
partment, of some practical interest. 1t frequent
| ly happens that assistant surgeons and midshp-
men are absent on duty when the examinations of
the classes to which they respectively belong are
made. The candidates for promotion thus absent
are subsequently examined, and, if passed, the
question arises, "From what does their rank take
date; and when does the increased pay attached
to their increased rank commence" Mr.. Cusli-
ing decides that, as Congress has passed laws re-
cognising constructive rank, it is legal, proper,
and Just that the rank of the candidates in the
cases named should date from the prescribed date