can be permitted or tolerated by the Government of the United [118] *States; and that being desirous to contribute on his part to the maintenance of the amicable relations subsisting between this Government and that of His Catholic Majesty, he had treated the American vessels and citizens, even in the cases of hostility and violation referred to, with unexampled kindness; but that now he left it to my zeal to endeavor to obtain of this Government effectual remedies against these excesses; that, in the mean time, he had given orders to the governors, commandants, and other officers at the most suitable places within his viceroyalty, neither to admit nor tolerate any American vessel, or those of any other foreign nation, without the requisite passport and license, and that he would exercise the rigor of the laws against those who should disturb the good order and tranquillity of the King's dominions.

In consequence, therefore, of this request of the viceroy, I add this reclamation to those which I have already had the honor to address to the President, through the medium of the Department committed to you, on similar cases, and in the name of the King, my master; and I trust that on your laying the whole before his excellency, he will cause the most effectual measures to be adopted to prevent the continuation of these excesses, and to enforce the due observance of the general principles of the laws of nations, and of the treaty which governs between Spain and the United States.

I renew, &c.,
(Signed)

LUIS DE ONIS.

No. 24.

Don Luis de Onis to Mr. J. Q. Adams.

[Translation.]

PHILADELPHIA, September 19, 1817. SIR: A complaint having been laid before His Catholic Majesty's government by a part of the crew of the Spanish polacre Santa Maria, captured on her passage from Havana to Cadiz, by the pirate called the Patriota Mexicano, commanded by José Guillermo Estefanos, manned with citizens of these States, and covered by their flag, under which he chased and brought to the said polacre, until, having ascertained her capture, he hoisted the insurgent flag, I have received the commands of the King, my master, to request of the President, through your medium, the most decisive measures for putting an end to the abuses practiced in the ports of this Union, by arming privateers to cruise against the Spanish trade, thus prostituting the flag of the United States by these predatory acts, and trampling under foot, with an unparalleled audacity, national rights and the existing treaty between Spain and these States.

I, therefore, now renew those urgent reclamations which, on former occasions, I have submitted to the President, through your Department, on this important point; and I trust that the numerous instances of these abuses and horrible depredations will induce his excellency to adopt energetic measures to restrain these excesses, which so deeply compromit the neutrality of the United States in the eyes of all nations,

and are wholly repugnant to the friendship and good understanding happily subsisting between them and His Catholic Majesty.

SIR: His Majesty's consul at New York has transmitted to me a copy of his correspondence with the United States attorney for that district, whereby he requests that, in conformity with the act of Congress of the 3d of March last, he would oblige a certain armed brigantine to give security, or cause her to be seized; the said vessel having arrived at that port from Norfolk, under the flag of Venezuela, and recruited men to increase her crew, in order to proceed afterward to Amelia Island, there to join the adventurer McGregor, and to co-operate in his nefarious plans against the possessions of my sovereign, and against the Spanish

trade.

I have the honor to inclose a copy of the said correspondence, on the contents of which I think it entirely superfluous to make any comment; leaving it to you, sir, to decide whether the solicitude of His Catholic Majesty's consul at New York has been in conformity with the laws and the above-mentioned act of Congress, and whether the attorney for that district will rightfully have conformed thereto by his strict observance of them, in obliging the owner or captain of the said armed brigantine to give the requisite security that he shall commit no hostilities against the subjects of His Catholic Majesty, and in preventing him from proceeding freely to sea, to commit new depredations.

It is very disagreeable to me to have to repeat to you, sir, what, unfortunately, I have been several times under the necessity of submitting to the President, through the medium of your predecessors; namely, that the act of Congress of the 3d of March, 1817, has in no wise lessened the abuses by which the laws are evaded, and render entirely illusory the laudable purposes for which they were enacted. From the greater part of the ports of these States there frequently sail a considerable number of vessels with the premeditated intention of attacking the Spanish commerce, which carry their armament concealed in the hold. It rarely happens that they can be arrested, inasmuch as the collectors of the customs say that they have not at their disposition the naval force necessary to effect it; on the other hand, armed vessels,

under the flag of the insurgents, enter into the ports of the [119] *Union, and not only supply themselves with all necessaries, but

also considerably increase the means they already have of destroying the trade of Spain, as has recently been the case at New York, whereby the (so-called) privateers of His Majesty's revolted provinces, which are in reality nothing more than pirates, manned by the scum of all countries, enjoy greater privileges than the vessels of independent powers.

I request you, sir, to lay particularly before the President the case which now obliges me to trouble you, in order that his excellency, being made fully acquainted therewith, may be pleased to take such measures

as are within his reach, to cause the provisions of the laws of this republic to be carefully fulfilled, to preserve the observance of the neutrality with other powers, and to prevent the infraction of the treaty existing between the two nations, and thus avoid not only the serious evils that the said pirates cause to the subjects of His Catholic Majesty, but the increase of the difficulties which the two governments are endeavoring to overcome for the purpose of establishing their relations upon a more friendly and permanent footing.

I flatter myself that you will honor me with your answer, and, reiterating my respects, I renew, &c., (Signed)

LUIS DE ONIS.

[Inclosure 1 in No. 25.]

Mr. Stoughton to Mr. Fisk.

CONSULATE OF SPAIN,

New York, September 16, 1817.

SIR: Some days ago there arrived in the port of New York an armed brig, proceeding from Norfolk, which I have been very credibly informed is a vessel pretending to have a commission from Venezuela, but whose object in coming into this port was to procure an additional supply of men, wherewith to commit hostilities against the subjects and possessions of the King of Spain. A few days ago I presented to the collector of the port of New York an affidavit of a man named John Reilley, stating that he had been requested to enlist on board of a vessel, which was represented to him to be the private schooner Lively, bound to Amelia Island, to join General McGregor to invade the territories of his Catholic Majesty.

I am now informed that the brig above mentioned is the vessel alluded to, Reilley having either been mistaken in the name, or designedly deceived by the agents of the privateer. I now inclose the affidavit of John Finegan, by which you will perceive that the officers of the above brig (whose name is the Americano Libre, commanded by Captain Barnard) are enlisting, and have enlisted, men in this port to proceed against the Spanish possessions. I have caused application to be made to the collector, who doubts the extent of his authority in interfering with this vessel. Now, as there must be provisions in the laws and treaties of the United States vesting an authority in some of its officers to prevent the equipment of vessels, and the enlistment of men, in the United States, to proceed against a foreign nation at peace with the United States, I make this application to you, most urgently requesting you to take whatever measures may be necessary immediately, in order to prevent the departure of the above vessel, at least until she shall give bonds that she will not commit hostilities against Spanish subjects. The vessel, it is said, will sail to-morrow morning.

Indeed, if an inquiry were instituted, I am induced to believe the above brig would be found to be a pirate.

I have, &c.,
(Signed)

STATE OF NEW YORK, 88:

John Finegan, at present in the city of New York, being duly sworn, saith, that he was requested by a man, who is represented to be the commissary of the vessel next mentioned, to go out in the patriot brig, now lying at the quarantine ground; that the destination of the said vessel is to fight against the Spaniards; that the deponent was told that on his arrival in Spanish possessions he was to join the land-service of the patriots; that deponent knows of five persons who have been engaged in like manner, who are about to proceed on board the said brig; that deponent was told that as soon as he gets on board he will receive his advance; that officers are at present em

ployed in the city of New York in looking out for men, and endeavoring to enlist them to proceed in the said vessel.

SIR: I inclose the deposition of John Reilley, relating to the privateer brig about which I yesterday had the honor to address you. You will perceive by the affi[120] davit that officers belonging to that *brig are openly employed in this city in recruiting and enlisting men to join with General McGregor, and invade the possessions of the King of Spain.

I need not remind you that, by the existing laws of the United States, these enlistments are unlawful, and that not only the vessel on board of which they are to embark is liable to seizure and forfeiture, but that the captain and officers thereof, who are engaged in this business, are liable to a heavy fine and imprisonment. As these are flagrant violations of the laws of the United States, and calculated to produce serious injury to the possessions of His Majesty, and to the property of his subjects, I flatter myself that you will take, without delay, such steps as may be necessary to put a stop to these proceedings.

I have, &c.,
(Signed)

THOMAS STOUGHTON.

[Inclosure 4 in No. 25.]

Deposition of John Reilley.

STATE OF NEW YORK, CITY OF NEW YORK, ss:

SEPTEMBER 9, 1817.

John Reilley, at present in the city of New York, mariner, being duly sworn, saith, that some days ago deponent was requested to embark on board of a vessel which was said tổ be lying at the Narrows, in the bay of New York, for the purpose of going to join General McGregor, and to fight against the Spaniards; that after he arrived at Amelia Island he might either join the land-service or the naval service; that deponent would be paid as soon as he got on board; that several persons were engaged in looking out for recruits to proceed upon the same service, and many men were spoken to for the purpose. Deponent was then informed that the vessel was the privateer schooner Lively, but has since learned that it was a mistake, and that the vessel in question is the patriot brig Americano Libre, Captain Barnard, which is lying at the quarantine ground, and is armed with several large guns and many men; that several persons who are officers, captains, lieutenants, and so forth, are at present employed in recruiting men to join that service, and proceed in the said brig to Amelia; that many hands have already been bespoken, and are now waiting for money which has been promised to them; that the offers made to them are to give them $8 a month and clothing, together with ten or twelve dollars in advance. Deponent supposes that the officers above mentioned were in treaty with about twenty persons, who were to go on board as soon as their advance was paid to them, and which the said officers told them would be during the course of the day; among the officers there is one who is called a general, That the above men were told, in deponent's presence, by the officers who were enlisting them, that they were principally wanted to join the land-service against the royalists. And further the deponent saith not.

(Signed)

Sworn this 19th day of September, before me.

[Inclosure 5 in No. 25.]

Mr. Fisk to Mr. Stoughton.

NEW YORK, September 17, 1817. SIR: I have duly received your notes of yesterday evening and of this day, and have referred to the statutes providing for the punishment of the offenses stated. It is not a case, from the evidence mentioned, that would justify the collector in detaining the vessel; the aggression is to be punished in the ordinary mode of prosecuting those who are guilty of misdemeanors. Oath is to be made of the facts by the complainant, who enters into a recognizance to appear and prosecute the offenders before any process can issue. This oath being made, and recognizance taken, the judge of the circuit court will issue a warrant to apprehend the accused, and bring them before him, to be further dealt with according to law. When apprehended, it is the province of the attorney of the United States to conduct the prosecution to judgment. I have no authority to administer an oath, or to issue a warrant, nor have I the power to issue' any process to arrest and detain the vessel in question, unless by the direction of an executive officer of the United States. By the reference you have furnished, the parties complained of are to be prosecuted either under the fourth section of the act of Congress passed on the 3d of March, 1817, or under the second section of the act passed 5th June, 1794. By adverting to these statutes, it will be seen that the vessel is not liable to seizure for the act of any person enlisting himself to go on board, or for hiring or retaining another person to enlist; the punishment is personal to the offenders, and those who disclose the fact, on oath, within thirty days after enlisting, are protected from prosecution. The offenders are to be arrested and prosecuted in the manner I have stated. I beg you to be assured, sir, that it is not from a disposition either to shrink from the performance of my duty, or to decline interfering to defeat any illegal enterprise against the subjects or possessions of a power with whom the United States are at peace, that I have stated to you the embarrassments I must encounter in attempting a compliance with your request upon any information with which I am furnished. If it is in your power to procure the names of the parties, and the evidence upon which a prosecution for a misdemeanor can be founded, I will readily co-operate with the proper authorities in having every offender arrested and brought to justice. It is impractica

ble for me, or any other officer of the United States, to take any legal measures [121] against aggressors upon the *indefinite statement of certain persons being concerned in an illegal transaction. Since the receipt of your notes I have had an interview with the collector, and we are unable to discover any other legal course of proceeding in this case than that adopted in the ordinary cases of misdemeanors. I have, &c., (Signed)

JONATHAN FISK.

[Inclosure 6 in No. 25.]
Mr. Stoughton to Mr. Fisk.

CONSULATE OF SPAIN,

New York, September 19, 1817.

SIR: I have the honor to acknowledge having received yesterday your letter dated the 17th instant, in reply to mine of the 16th and 17th, wherein you mention that the case whereof I informed you in those communications was not one which would justify the collector in detaining the vessel; that the aggression is to be punished in the ordinary mode of prosecuting those who are guilty of misdemeanors; that oath is to be made of the facts by the complainant, who enters into a recognizance to appear and prosecute the offenders before any process can issue; that this oath being made and recognizance taken, the judge of the circuit court will issue a warrant to apprehend the accused and bring them before him, to be further dealt with according to law, and that when apprehended it is the province of the attorney of the United States to conduct the prosecution to judgment; that you have no authority to administer an oath or to issue a warrant, nor bave you the power to issue any process to arrest and detain the vessel in question, unless by the direction of an executive officer of the United States.

In reply, permit me to request that you will take this subject again into your serious reflection. I do not urge it for the present occasion, because, even though you should, upon consideration, adopt a different opinion from that which you have communicated to me, it is now too late, since the vessel in question sailed from this port this morning. But, sir, can it be possible that the doctrine can be correct which you lay down in your letter, and which forms your reason for declining to proceed against the persons who were enlisting men in this city, with the open and avowed design of