On the evening of the 30th of March, being sufficiently near, I opened upon the Fort at Alvarado with shot and shells. Apprehensive of a Norther, I stood off and on during the night, with a strong breeze and rough sea. Towards morning, it having moderated, I stood closed in to the bar, and again the opened upon the forts. Shortly afterwards, I discovered two horsemen upon the beach, holding a white flag, and a boat crossing the bar at the same time. This boat brought me and offer on the part of the authorities to surrender the city.

Permit me here to observe, Mr. President, that as there are two sides to every question, so there may be two results to every affair of this kind. Alvarado is now in our possession; but let us suppose that was not to be; that we had been foil day third time in our efforts to take it. What would have been my position, I say, if,having refused the offer of the town when the authorities were ready to yield it, the American forces had been a third time baffled in their efforts to capture it?

Mr. President, the worst that can now the fall me, is a trifle to the infamy and disgrace which would have remained attached to my name, perhaps, long after I was in the grave. If you, Mr. President, (or any member of this honorable Court,) will fancy yourself in my place when the offer of capitulation reached me, I think you must perceive that it placed me in a difficult, most embarrassing position one that might have got a much more experienced officer than myself into trouble.

I had to decide upon the disobeying of my orders on the one hand, and the possible consequences which my refusal to take such a responsibility might lead to on the other. I had to decide between two courses the one leading to present personal safety, and a possibility of future infamy, and the other to some personal risk, perhaps, but by which the honor of the Navy and my honor, at least were safe. I had stated thus the view which I took up my position, and the motives on which my actions were founded. I will not say, Mr. President, that under similar circumstances you would have taken a similar view of your position; but I think I may say, without the danger of dissent here or elsewhere, that taking the same view I did, that you, or any other member of this honorable court, would have done just what I did.

My summons for the surrender of the city of "Alvarado", was not made until the authorities hesitating to sign the articles of capitulation, I thought myself entrapped: when it became necessary to use strong measures and strong language. Upon the reception of that summons, they signed the articles, and in the name of the United States of America, I took possession of "Alvarado" and its dependencies. Shortly afterwards, I learned that after our attack the evening previous, the garrison had fired the public vessels, spiked and buried their guns, placed a large quantity of government property, chiefly of munitions of war, on-board of several small vessels and were proceeding up the river in the direction of the city of "Flacotalpam".

I followed, as I conceived it to be my duty, and captured one of them loaded with arms, &c., that got ashore, and burned her to prevent her falling into the hands of the enemy. Another, worthless to ourselves or the enemy, I abandoned, and two others, I brought to "Alvarado". The pursuit of these vessels lead me to the city of "Flacotalpam", where I arrived about 2 o'clock in the morning; trusting to the suddenness of the attack, I ordered the junta to assemble, and demanded, within thirty minutes, an entire and unconditional surrender, my demands were complied with.

I contend, Mr. President and gentlemen of the Court, that all that happened after the capitulation of Alvarado, followed as a natural and necessary consequence (not, however, foreseen by me) when I first accepted of their offer to surrender. I contend that my error consisted in the original disobedience of my orders, (which, from what I have since learned, I regret,) and that what I did afterwards, I was in a great measure obliged to do. Knowing that several small vessels of the enemy, laden with military stores, were within my reach, could I doubt that it was my duty to destroy or capture them? Seeing, from the conduct of the enemy at Alvarado, that a panic prevailed among them, and that there are was a prospect of success, I demanded the immediate and unconditional surrender of Flacotalpam. I contend that these two acts followed as a necessary consequence to my first disobedience of orders.

Of the motives that led to that step, I have made an honest exposition to the Court, and I hope that you will consider them, together with the difficulties of my position and my want of experience in such matters, as some palliation of my fault. I regret my error, apart from the trouble it has brought upon me. I regret it because it has given offense to the Commander-in-Chief -- (I speak from rumor only, I have no certain knowledge of the fact,) -- as I have heard there was the understanding between the Commander-in-Chief and the commanding General ashore, that there was to be a combined attack made by the squadron and Army, on these places; it might thus seem that I had sought to rob of its just participation in this affair that arm of the service which in the progress of this war, has acquired for itself and for our country, so much honor and glory.

Nothing could be farther from my intentions -- I knew nothing of any such understanding. One or two matters remained to be touched upon. I am charged in the two first specifications of the 1st charge with arrogating to myself the powers of Commander-in-Chief, in signing the articles of capitulation, &c., although aware of the immediate approach of the Commander-in-Chief.

In regard to the first, my error was one of simple ignorance. I knew that I had obtained possession of these places, and meant of course to hand them over to the first senior officer that might approach; but I had not the remotest intention of exercising any of the powers of Commander-in-Chief.

I knew, or perhaps I should rather say had reason to believe, that the Commander-in-Chief would arrive in a short time; but I did not note precisely when, still less did I know that he was nearer than Vera Cruz.

But, Mr. President, none of us are entirely free from occasional acts of forgetfulness; the honorable member yesterday who gave in his testimony made a mistake, and must say that the confidence with which I leave my case in his hands has been increased, by the handsome manner in which he corrected his error when reminded of it.

FINDINGS AND SENTENCE OF THE COURT

The first specification of the first charge proven. The second specification to the first charge proven. The third specification of the first charge proven.

THE REPRIMAND BY COMMODORE PERRY.

United States Flagship Mississippi
Anton Lizardo, April 9, 1847

ACT THIRD -- SCENE THIRD.

ACT FOURTH -- SCENE FOURTH.

Alexandria Gazette
Saturday morning, Aug. 28, 1847.