No. 11. SOUTHERN DISTRICT OF NEW YORK, U. S. District Attorney's Office, October 17, 1855. SIR: I have the honor to report that, acting on the communication from you, and after consultation with Mr. Barclay and his legal adviser, I have this day filed a libel on the admiralty side of the United States district court against the vessel assuming to be called the Maury," under the 3d section of the neutrality act of the 20th of April, 1818. 66 With high respect, your obedient servant, JOHN MCKEON, United States District Attorney. Hon. CALEB CUSHING, Attorney General of United States. No. 12. SOUTHERN DISTRICT OF NEW YORK, U. S. District Attorney's Office, October 17, 1855. SIR: I take the liberty to request that you will have the cargo of the "Maury" carefully examined, and communicate to me the result. It is proper for me to state, that it is supposed that you will find munitions of war stowed under the lading of coal on board. Very respectfully, A. T. HILLYER, Esq., U. S. Marshal, Southern District New York. No. 13. SOUTHERN DISTRICT OF NEW YORK, U. S. Marshal's Office, N. Y., October 19, 1855. SIR In reply to your communication of the 17th instant, requesting me to have the cargo of the "Maury" carefully examined and report to you the result, I beg leave to inform you that I have ascertained there are 250 tons of coal in the run of said vessel; 10 iron cannon between decks, mounted on wooden carriages; 4 ditto on deck; a number of boxes containing muskets, not opened; a number of small and side-arms in the cabin; a lot of shot, and an assorted cargo, lumber, &c. Should it be deemed necessary to have the cargo thoroughly overhauled and the coal taken out, the expense attending such labor SIR The barque "Maury," owned in part by the undersigned, having been seized by a process from your office, we beg to offer the following explanations, viz: That the said vessel was built by Messrs. Roosevelt, Joice, & Co., of this city, under a contract made in the month of April last, after the model of the barque Penguin; that she was designed for the China trade; that there is nothing peculiar in her construction, apart from the rig, which was adopted with particular reference to economy in men; that, in pursuance of the original intention, she was advertised some three weeks since for Shanghae, since which she has been receiving freight for that port; that she has on board, from Messrs. Fogg & Brothers, 200 tons of coal, a quantity of naval stores, and a variety of ship-chandlery, for their house in China, with a little other general freight, with which she is expected to sail the coming week, under the command of Captain Fletcher, for the port above named. We further declare, that in addition to the ordinary armament of a vessel of her class, she has but two deck guns, supposed to be necessary in consequence of the great increase in the number of pirates on the coast of China; that the other guns, shot, &c., on board, as per subjoined list, were purchased under an order from an American gentleman at Canton, and shipped per "Maury" on freight; that said vessel has four spare spars, one fore-topgallant mast, one fore-topgallant yard, one main boom, one main gaff-boom, and five extra studding-sail booms; and that her crew will consist of but twelve or fourteen men before the mast. They furthermore declare that the vessel received the name of "Maury" in the month of May last, not to dishonor a man of whom our country has so much reason to be proud, but to bear upon an honorable mission the name of him who has done so much to improve navigation. The undersigned pledge themselves to prove to the satisfaction of the British consul, while the vessel is still under the charge of the United States marshal, that the allegations made against the vessel are false; that she has no guns or materials of war under her coal, asking only that the expense to which they may be thus subjected shall be borne by the said consul when, and only when, the statements upon which the vessel has been so unjustly seized are fully disproved. Finally, they declare that the Russians have no connexion whatever with the enterprise in question. Hon. JOHN MCKEON, A. A. LOW, Of the Firm of A. A. Low & Brothers. U. S. District Attorney. On freight 10 guns, 62 boxes of shot. Sworn to before me, this 18th day of October, 1855. GEORGE F. BETTS, U. S. Commissioner. I hereby swear that I am cognisant of the facts mentioned in the foregoing statement, and that they are true. NATH. B. PALMER. Sworn to before me, this 18th day of October, 1855. GEORGE F. BETTS, U. S. Commissioner. No. 15. In the matter of the "Maury.' NEW YORK, October 19, 1855. DEAR SIR: From the explanations made in the case by Messrs. A. A. Low & Brothers, under oath, and your own very proper sugges tions, I deem it reasonable that you should be left entirely free; confessing that, although statements to me were very strong, it would be but fair towards the owners to "lift" the libel. I remain, dear sir, yours always, very respectfully, CHARLES EDWARDS. SOUTHERN DISTRICT OF NEW YORK, U. S. District Attorney's Office, October 19, 1855. SIR: Since filing the libel against the barque "Maury," reported to you on the 17th instant, I have been attended by one of the firm of A. A. Low & Brothers, the owners of the "Maury," who furnished me an original statement, which I enclose. Charles Edwards, esq, was present when the explanations were made, and has addressed to me a letter, of which I transmit a copy. Upon a full view of all the circumstances, I deemed it right to order a discharge of the vessel, and to ask your concurrence in dismissing the libel. I have the honor to remain, sir, your obedient servant, JOHN MCKEON, ATTORNEY GENERAL'S OFFICE, October 19, 1855. SIR: I have the honor to enclose herewith a copy of a letter this day received from Mr. McKeon, attorney of the United States for southern New York, reporting the institution of process against the vessel called "Maury," as to which complaint has been made by the British minister, alleging that said vessel is armed, in violation of law, to cruise against a friendly power. I am, very respectfully, Hon. WILLIAM L. MARCY, C. CUSHING. Secretary of State. No. 18. ATTORNEY GENERAL'S OFFICE, October 22, 1855. SIR: I have received your letter of the 19th instant, communicating the result of inquiry regarding the barque "Maury. The allegation against that vessel was improbable on its face; but, determined as the President is not to suffer any one of the belligerent powers to trespass on the neutral rights of the United States, it was deemed proper to investigate the case, out of respect for the British minister, through whom the British consul at New York preferred complaint in the premises. It is made manifest, by the documents which you transmit, that the suspicions of the British consul as to the character and destination of the "Maury" were wholly erroneous; and justice to her owners and freighters requires that the libel against her be dismissed. I have the honor to be, very respectfully, Hon. JOHN MCKEON, Attorney of United States, New York. C. CUSHING. No. 19. ATTORNEY GENERAL'S OFFICE, SIR: I have the honor to communicate to you the history and result of the proceedings in the case of the barque "Maury," of New York. In consequence of the British minister's communication to you of the 11th instant, and which you referred to me on the day of its receipt, (the 12th,) brief instructions were on the same day despatched by telegraph to Mr. McKeon, attorney of the United States for the southern district of New York, and more detailed instructions by mail the next day, requesting him to make immediate inquiry on the subject of the Maury," to consult thereon with Mr. Barclay, the British consul at New York, and, if sufficient probable cause appeared, to institute the proper process against her in the district court. These instructions were induced by the documents communicated by the British minister, copies of which were transmitted by me to Mr. McKeon. The documents consisted of 1. An affidavit by Mr. Barclay, setting forth that he believed, and expected to be able to prove, that the "Maury" was built, fitted out, and armed, with intent to be employed by the Russian government to cruise against the subjects of Great Britain, and that he stood ready to bring forward his proof thereof. 2. An affidavit of one Cornell, purporting to be a police officer in New York, who professes to describe the build, equipment, armament, and cargo of the "Maury," and concludes with expression of belief that she was built, armed, and equipped by the Russian government for war purposes against Great Britain. 3. An affidavit of one Craft, also purporting to be a police officer in New York, who speaks more guardedly, briefly describes the visible armament of the "Maury," repeats hearsay as to her freight, and expresses belief that she is a vessel of war. 4. Finally, the affidavit of Mr. Edwards, a counsellor-at-law in New York, understood to be counsel for the British consul, who says that he verily believes that the "Maury" was built, equipped, and loaded by and for the Russian government, to be used in the present war against the vessels and subjects of Great Britain. Mr. Edwards then proceeds to state that a person, who he believes has been in the pay of the Russian government, gave him a full explanation of the armament and destination of the Maury." He (Mr. Edwards) "gathered from the person referred to," that the plan of the "Maury" was to attack and capture one of the Cunard British mail steamers, arm the prize, and, after being joined by other vessels of the same construction, built and fitted out by the Russian government, to proceed to attack the "British possessions" in the East Indies. The representations concerning the "Maury," which Mr. Edwards thus adopted, were so grossly improbable on their face, and had so much the air of a contrivance to impose on him, and, through him, |