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the Government had no other motive, it is all-important to save the lives of the ignorant dupes of the project. Their fate in Cuba would be most disastrous. No vindictive proceedings are desirable, in my judg ment, after the enterprise is broken up.

Very respectfully, yours,

J. M. CLAYTON.

Mr. Hall, district attorney, to Mr. Clayton, Secretary of State.

SOUTHERN DISTRICT OF NEW YORK,

UNITED STATES DISTRICT ATTORNEY'S OFFICE,
September 8, 1849.

SIR: In obedience to your orders, directing me to "arrest any [654] vessel engaged in the expedition against Cuba," I cansed the

Sea-Gull and New Orleans to be detained by the naval forces of the United States, under which power they are now held.

I could not discover anything in the act of 1818 which could speedily effectuate the object you had in view, except the eighth section; and I hope the power therein conferred upon the President, to employ the "land or naval forces" in such an emergency, will be found clear to justify our acts.

Under this conviction, I called upon Captain McKeever, commandant of the navy-yard at Brooklyn, for a force adequate to make seizures; and he thereupon detailed four officers and fifty men for the particular service in view. With this force, the marshal of the district, by my order, proceeded to the quarantine-grounds in a steamer, took possession of the Sea-Gull, (a vessel of considerable size, having a propeller as auxiliary to her sails,) brought her up to the navy-yard, and placed her under the guns of the North Carolina, where she now lies. He then, by a like order from me, placed an officer with a small body of marines on board the New Orleans, (a large sea-going steamer, lying at Corlears' Hook.) to detain her in harbor until further orders.

I did not take possession of the Florida, as she was in no respect ready for sea, and because I thought the seizures already made [655] would be sufficient to accomplish all your purposes.

Since these arrests have been made, I have been called upon by the owners and agents of the Sea Gull and New Orleans, in relation to this matter, and they have very frankly admitted all the facts necessary to justify our proceedings.

With regard to the Sea Gull, she is to discharge her cargo, (which consists entirely of arms and munitions of war,) under the supervision of a proper authority, and her owner will give bond not to violate any law of the United States in relation to our neutrality. Upon these terms, and upon a solemn assurance that the expedition is effectually broken up and abandoned, I shall restore this vessel to Mr. Cole.

With regard to the New Orleans, she was under a charter-party, fair enough on its face, but secretly she was intended for the use of the expedition, and of this there is ample proof.

The seizures, however, have broken up their plans, and the charterparty has been abandoned on all sides.

The owners will stipulate, in any form I may require, that she shall not violate any act of Congress, and put her into the legitimate business for which she was constructed.

I shall, however, leave a marine officer on board of each vessel until the expedition is fairly and fully dispersed.

*With regard to

I shall leave him for the present,

[656] as he now is under bail to appear when called for; having the assurances and pledges of his friend that all persons engaged in the expedition will leave the city without delay.

I hope these conclusions will meet your approbation; but if not, you have merely to give me additional instructions, which will be implicitly followed.

In this matter I have to say, that to Colonel Crane and Captain MeKeever I am indebted for the prompt manner in which they met my requisitions, while the marshal in person, without hesitation, executed all my instructions with entire propriety.

*

I have not deemed it necessary to go minutely into details, because I suppose that you have received them all from who has a clear knowledge of all the facts.

Such expenses as have been incurred will be defrayed by the marshal and charged in his accounts.

With great respect, your obedient servant,

J. PRESCOTT HALL,

United States Attorney.

Hon. JOHN M. CLAYTON,

Secretary of State, Washington.

Mr. Clayton, Secretary of State, to Mr. Hall, district attorney.

DEPARTMENT OF STATE,

[657] J. PRESCOTT HALL, Esq.,

Washington, September 19, 1849.

United States District Attorney

for the Southern District of New York.

SIR: In acknowledging the receipt of your letter of the 15th instant, it is due to you to say, that the President highly approves of the prompt, energetic, and judicious manner in which you have executed all the instructions of this Department, touching the late attempt on the part of some of our misguided citizens, who were concerned in a mischievous and illegal project for the invasion of the island of Cuba. To this expression from the President I have great pleasure in adding this Department's unqualified approbation of your official conduct.

I am, sir, with great respect, your obedient servant,

JOHN M. CLAYTON.

Mr. Sewell to Mr. Clayton, Secretary of State.

[Extract.]

SANTIAGO DE CUBA, October 25, 1849. Although it may not be strictly within my prescribed sphere of duty, allow me to say that the expected invasion of Cuba has made a profound impression here, and that the authorities and people are loud in their grateful applause of the Government at Washington for arresting it; and though there is much less revolutionary feeling here than in other sections of the island, and if not an attachment, at least an almost uni

versal subordination to the existing government, yet they give evi[658] dence of serious *apprehension in regard to its security or ability to resist a well-organized expedition.

I have the honor, &c.,

Hon. JOHN M. CLAYTON,

Secretary of State.

THOMAS SEWELL.

Mr. Clayton, Secretary of State, to Don A. Calderon de la Barca.

DEPARTMENT OF STATE,

Washington, January 22, 1850.

Don A. CALDERON DE LA BARCA, &c., &c., &c.:

The undersigned, Secretary of State of the United States, acknowl edges the receipt of Mr. Calderon's note of the 19th instant, calling his attention to renewed designs upon the island of Cuba and desiring the intervention of the American Government to frustrate and to suppress them. Mr. Calderon's note has been laid before the President, by whose direction the undersigned immediately addressed instructions to the United States district attorneys for New York, New Orleans, and Washington, a copy of which, for the satisfaction of Mr. Calderon and of his government, the undersigned has now the honor to communicate. The undersigned avails himself of this occasion to renew to Mr. Calderon the assurance of his distinguished consideration.

JOHN M. CLAYTON,

[659] *Mr. Clayton, Secretary of State, to Mr. Hunton, district attorney.

DEPARTMENT OF STATE,

Washington, January 22, 1850.

SIR: The minister of Spain residing in this city, under date of the 19th instant, has again invoked the attention of the Executive to prob able designs against the island of Cuba, cherished by persons in the United States, of whom and of whose schemes he has received intelligence through channels which he conceives to be worthy of credit. Besides the organization of juntas, and their secret introduction into Cuba of paper inciting the inhabitants to revolt, they are said to have issued bonds payable on the rents of the island, in order to raise money for the purpose of recruiting men; and that bodies of men are actually exercising themselves in the use of arms, holding meetings and clubs in New York, New Orleans, and other places, and that the same are also forming plans for making use of the steamers which touch at Havana on their way to Chagres.

In view of these reports of renewed attempts against Cuba, I am directed by the President to call your special attention to the subject, and

to instruct you to keep a vigilant watch upon all movements of the [660] kind indicated, with a view to detect and to bring to punishment *the

individuals and combination of individuals who may be found concerned in any overt act, in violation of the act of Congress of April, 1818, intended to disturb the tranquillity of Cuba.

The President, as in duty bound, will exercise all the powers with which he is invested, to prevent aggressions by our own people upon the territories of friendly nations, and he expects you to use every effort to detect, and to arrest, for trial and punishment, all offenders engaged in any armed expedition prohibited by our laws.

I am, sir, very respectfully, your obedient servant,
JOHN M. CLAYTON.

LOGAN HUNTON, Esq.,

United States District Attorney

for the Eastern District of Louisiana, New Orleans. [Like circulars sent to J. Prescott Hall, esq., United States district attorney, southern district of New York, to Philip R. Fendall, esq., United States district attorney, Washington, D. C., each inclosing a copy of Mr. Calderon's note.]

Mr. Clayton, Secretary of State, to Don A. Calderon de la Barca.

DEPARTMENT OF STATE,
Washington, May 18, 1850.

SIR: I hasten to acknowledge the receipt of the two notes which you addressed to me on the 16th instant. They commanded my prompt and earnest attention, and I have now the honor to place in your hands a copy of the instructions which I caused to be sent to the district attorney

of the United States for the southern district of New York, upon the [661] matters to* which those notes relate. These instructions were accom

panied by a copy of your notes. You are not ignorant of the nature and scope of the instructions which that officer, and others of his class, exercising similar functions within other districts of the United States, have from time to time received from their Government. You are fully aware, indeed, that this Government has faithfully used its best exertions to arrest and put down former attempted disturbances, as well as to obtain, with the same object, information concerning the arming and equipping of the expedition said to have recently sailed to Cuba.

In immediate reply to your notes, now before me, I have to say that, although no official intelligence has reached the Department upon this subject, the President is well satisfied from other sources of information that certain foreigners within our limits have abused the hospitality of this country; and also that a considerable number of American citizens have really embarked with them, upon some clandestine expedition, in violation of the laws and treaties of the United States. It is true that, within the last three months, an unusual number of passports have been sought and obtained at this office by individuals alleging that they were about to proceed to California and Oregon. No means existed of detecting their real purpose, except through the United States officers at

the various ports of embarkation, and these officers having unfor [662] tunately failed to furnish any information on the subject, it is

proper that inquiries should be instituted into the conduct of such of them as might be supposed to be cognizant of the intended invasion, and yet failed to give notice of it to their own Government. It is not possible for us to ascertain the number of persons engaged in the expedition, nor the place of their certain destination. No individual, however, enjoying the confidence in any degree of this Government, is either known or believed to be engaged in it. It is represented that

most of those conjectured to be so concerned, have quitted the country from different ports of the United States in the capacity of private citizens, proceeding ostensibly, as has been before remarked, to California and Oregon; and this without any demonstration on their part of arms and munitions of war, or any other evidences by means of which their presumed ulterior purposes could have been discovered. It is, however, quite superfluous for me to repeat to you, sir, who have so ably and perseveringly co-operated with me in efforts to detect and suppress real or suspected expeditions of this character, that those who may have embarked in them have no sympathy or countenance whatever from this Government, and that the principles of the proclamation which the President issued last summer, on a similar occasion, are still adhered to by him with inflexible integrity. But it is important that I

should now impart to you certain information, which will, I trust, [663] tend to relieve the natural anxiety of your mind, caused by my

verbal communication to you of that which I had learned unofficially of the sailing of the expedition now in question. In anticipation of such a possible emergency as might require their presence on the coast of Cuba, three American vessels of war from the squadron on the West India station must have made their appearance in the ports and harbors of that island, between the 7th and 12th instant, as we believe. They have full instructions authorizing them to prevent the landing of any of their countrymen who may be proceeding under the American flag to the invasion of Cuba. Further, two other war ships of great force and speed, one of which is the fine steam-frigate Saranac, were ordered for the same purpose to the coast of Cuba—the Saranac a few hours after credible evidence had been submitted to the President in reference to the intended invasion.

I avail myself of this occasion to reiterate to you the assurances of my distinguished consideration.

JOHN M. CLAYTON.

Don A. CALDERON DE LA BARCA, &c., &c. &c.

[664]

Mr. Clayton, Secretary of State, to Mr. Hall, district attorney.

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*SIR: Again it becomes my duty to call your special attention to alleged attempts on the part of certain individuals in New York and elsewhere, who appear to be actively engaged in organizing and encouraging expeditions for the avowed or presumed object of invading the Spanish possessions in the West Indies.

From the inclosed copies of two notes addressed to this Department by the minister of Spain, on the 16th instant, you will perceive that his alarm seems to be based upon overt acts which require the prompt and stern interposition of this Government. The entire success of your former exertions to suppress similar attempts, under the instructions of the President, afford a sufficient guarantee that your vigilance has not relaxed, and that you will omit no means which the law supplies, and our good faith to a power with which we are and desire to remain on the most friendly terms demands, to put an end to the illegal move. ments here indicated, as well as to all others intended and calculated

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