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certainly in no instance successful, except wbere conducted under “circumstances of concealment that eluded discovery, and almost suspicion; or where carried on at some remote part of the Coast, beyond the reach of detection or discovery. In every instance where it was known that these illegal acts were attempting, or where it was afterwards discovered that they had been committed, the Persons engaged, as far as they were known, have been prosecuted, wbile the Vessels fitted out, or attempted to be fitted out, have been seized and libelled under the Act of the 5th of June, 1794; and when captures have been made by Vessels thus fitted out and armed, or in which their force was augmented, or increased within our waters, where the Property taken was brought within our jurisdiction, or even found upon
the high seas by our Cruisers and brought in, it has been restored to the original Spanish Owners, and, in some instances, damages awarded against the Captors.
The following Enumeration of the Cases in which Individuals have been prosecuted for infringing, or attempting to infringe our Neutrality, in aid of the Governments of New Spain, and in which Vessels have been seized and libelled, under the Act of the 5th June, 1794, together with a list of the Vessels and property restored to the original Spanish Owners, (confining the whole to the operations of the year commencing March, 1815, and ending February, 1816,) will show more conclusively, perhaps, than any thing else can, how totally without foundation are the complaints, and how misplaced are the assertions of the Minister of Spain on this head.
Names of Individuals prosecuted in the District Court of The United States, for the Louisiana District, during the year 1815, for violating, or attempting to violate, the Neutrality of The United States, in aid of the Governments of the United Provinces of New Granada, and of the United Provinces of Mexico. Jose Alvarry Toledo,
restored. Schooner Presidente,
... condemned. Schooner Petit Melun,
condemned. Schoover General Bolivar,
discontinued. Schooner Eugenun, alias Indiana, ...... condemned. Schooner Tuo Brothers,
restored. Enumeration of Vessels and Property brought within the Louisiana District, captured under the Flags, and by authority of the Governments, of New Granada, and of Mexico, libelled on the part of the original Spanish Owners, and restored upon the ground that the capturing Vessels had been fitted out and armed, or had their force augmented, within the waters of The United States.
1. Schooner Cometa, restored April, 1815.
2. Schoover Dorada, proceeds restored 16th May, 1815, 3,050 dollars.
3. Schooner Amiable Maria, 3,850 dollars.
5. The Polacre Brig De Regla and Cargo, proceeds restored 18th December, 1815;-19,209 dollars and 50 cents.
6. Schooner Alerta and Cargo, being the proceeds of the Capture of about 18 small Vessels, restored 18th December, 1815 ;–62,150 dol. lars and 5 cents.
Damages awarded to the original Owners against the Captors in the 2 foregoing Cases,–55,272 dollars and 99 cents.
7. Cargo of the Schooner Petit Melan, restored 1st February, 1816; -2,444 dollars and 31 cents.
8. Cargo of the Schooner Presidente, 1st February, 1816;-10,931 dollars and 15 cents.
9. Schooner Sante Ritor and Cargo, restored 1st February, 1816; -37,962 dollars and 94 cents.
The preceding Account of Spanish property restored to the original Proprietors, after being in the possession of the Enemies of Spain, is defective, inasmuch as it does not comprehend the whole of the Cases of restoration that have taken place within the period to which the detail is confined. The very basty manner, in which I have made this Communication, did not admit of a more accurate Statement. The principal Cases, however, are included in it. In several other Cases, where the property was claimed for the original Spanislı Owners, the Claims were dismissed, because it did not appear that any violation of our Neutrality had taken place. The Capturing Vessels were not armed, nor was their force augmented within our jurisdiction. Nor had the Captures been made within a marine league of our shore. The priuciples that guided the Decisions of the Court, as well in restoring the property captured, where our neutral means had been used, as in declining all interference where that was not the case, manifest, I think, a disposition to, and an exercise of, the most rigid Neutrality between the Parties.
If the whole of this Letter is not an act of supererogation, to dwell longer upon those parts of the Correspondence of the Chevalier de Onis, which relates to Louisiana, would at least be so considered. The Hon. James Monroe.
(5.)-Mr. Glenn to Mr. Monroe. SIR,
Baltimore, 7th September, 1816. IMMEDIATELY upon the receipt of your Letters of the 16th of August, I obtained from the Collector of this Port an Affidavit, stating, that Thomas Taylor had, in April last, sworn that he was a Citizen of The United States, and as such, had cleared out the Schooner Romp, which Vessel, the Collector also declared, on oath, he believed to have cruised against the Vessels of the King of Spain since that time. Upon which Affidavit, an intelligent Justice of the Peace of this City, well disposed, upon the score of political feeling, to do as much as justice required towards the punishment of Taylor for his conduct, issued a Warrant, by virtue of which Taylor was arrested. Upon its return, I appeared before the Justice, (whose name is John Dougherty,) and presented all the Documents which were sent to me, in company with your Letter, which were read and received as evidence by him. I also caused a Sailor, who had served on board the Romp, and who was at that time in hospital at this place, to be summoned, as also the Editor of the "American," Newspaper, in which Taylor's Letter had appeared, bearing date at “Baltimore, the 10th of July, 1816," all of whom were examined, on oath, before the Justice. The Sailor was cautioned not to criminate himself, upon which he refused to answer any question. Mr. Murphy, one of the Editors of the American, declared, on oath, that he had no authority whatever from Taylor to publish the Letter which bore his signature, but that he had taken the same, of his own accord, as an article of intelligence, from a Newspaper printed in Charleston. I was not, you will perceive, in the slightest degree assisted in my Case by the examination of these Witnesses. I however urged, before the Justice, that the depositions laid a sufficient ground of probable cause of suspicion against Taylor, when connected with the Affidavit of the Collector. I also produced some authority to show that Taylor ought to be committed. Whereupon, the Justice desired until yesterday morning to consider upon the Case, and requested that the Marsbal might be present at the time of his Decision, which accordingly took place. The Justice has, notwithstanding all these circumstances, actually discharged Taylor, upon the ground, as he states, that he could not find there was any probable cause to believe he was concerned with or advised Squire Fisk, to commit the acts of piracy which were committed by him on bis late cruise, and as Taylor never was on board the Romp, from the time she left Baltimore. Thus ended this Case, as far as I have gone.
Judge Houstou will be here in 1 or 2 days to hold a District Court. Upon his arrival, I shall lay all the proofs before him, and claim from him a Warrant, which I presume he will grant without hesitation, the issae of which shall be communicated to you without delay.
As the Editors of the American and Patriot tell me, they copied the Letter, written by Taylor, bearing date the 10th July, 1816, from the
Savanah Republican, or the Charleston Patriot; unless I can procure the testimony of one of these Editors, to prove that Taylor actually gave them that Letter for publication, I do not see how he is to be implicated criminally with Fisk. If Judge Houston should take cognizance of the Case, I will, at all events, be glad to have the Witnesses, who were examined in Virginia, here on the 7th of November, next, to give evidence before the Grand Jury, which will be summoned to attend the Circuit Court.
In this case, there are a variety of circumstances tending to show Taylor's co-operation with, and assistance to, Fisk, but none, I fear, sufficiently conclusive to convict him, unless we can prove the authenticity of his Letier of Instructions, which can only be done by procuring his orders to publish his last Letter, which admits the authenticity of the first.
I enclose to you 4 Letters which have been lately received by me from the Spanish Consul here; as also my Answer to them. I shall be happy to hear that I have, in all these affairs, acted in such a manner as to meet your approbation.
I have the honor to be, &c. The Hon. James Monroe.
ACT of Congress of The United States, “ more effectually to preserve the Neutral Relations of The United States.”_3rd March, 1817.*
Sect. I. Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, that if any Person shall, within the limits of The United States, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out, or arming of any Ship or Vessel, with intent that such Ship or Vessel shall be employed in the service of any Foreign Prince or State, or of any Colony, District or People, to cruize or commit hostilities, or to aid or co-operate in any warlike measure whatever against the Subjects, Citizens, or Property of any Prince or State, or of any Colony, District, or People, with whom The United States are at Peace, every such Person so offending shall, upon conviction, be adjudged guilty of a high misdemeanor, and shall be fined and imprisoned at the discretion of the Court in which the conviction shall be had, so as the fine to be imposed shall io no case be more than 10,000 Dollars, and the term of imprisonment shall not exceed 10
* Repealed by Act of Congress of 20th April, 1818.-See Vol. 1821–22, Page 382.
Years; and every such Ship or Vessel, with her tackle, apparel and furniture, together with all materials, arms, animunition and stores, which may have been procured, for the building and equipment thereof, shall be forfeited, one half to the use of any person who shall give information, and the other half to the use of The United States.
I. And be it further enacted, that the Owners of all armed Ships sailing out of the Ports of The United States, and owned wholly or in part by Citizens thereof, shall enter into Bond to The United States, with sufficient Sureties, prior to clearing out the same, in double the amount of the value of the Vessel and Cargo on board, including her armament, that the said Ship or Vessel shall not be employed by such Owners in cruizing or committing hostilities, or in aiding or co-operating in any warlike measure against the Subjects, Citizens, or Property of any Prince or State, or of any Colony, District, or People with whom The United States are at peace.
III. And be it further enacted, that the Collectors of the Cus. toms be, and they are hereby respectively authorized and required to detain any Vessel manifestly built for warlike purposes, and about to depart from The United States, of which the Cargo shall principally consist of arms and munitions of War, when the number of Men shipped on board, or other circumstances, shall render it probable that such Vessel is intended to be employed by the Owner or Owners to cruize or commit hostilities upon the Subjects, Citizens, or Property of any Prince or State, or of any Colony, District, or People with whom The United States are at peace, until the decision of the President be had thereupon, or until the Owner enters into Bond and Sureties to The United States, prior to clearing out the same, in double the amount of the Vessel and Cargo on board, including her armament, that the said Ship or Vessel shall not be employed by the Owner or Owners in cruizing or committing hostilities, or in aiding or co-operating in any warlike measure against the Subjects, Citizens, or Property of any Prince or State, or of any Colony, District or People with whom The United States are at peace.
IV. And be it further enacted, that if any Person shall, within the territory or jurisdiction of the United States, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the force of any Ship of War, Cruizer, or other armed Vessel, which, at the time of her arrival within The United States, was a Ship of War, Cruizer, or armed Vessel in the service of a Foreign Prince or State, or of any Colony, District, or People, or belonging to the Subjects or Citizens of any such Prince, State, Colony, District or People, the same being at War with any Foreign Prince or State with whom The United States are at Peace, by adding to the number or size of the Guns of such Vessels prepared for use, or by the addition thereto of any equipment