Her men, (according to the testimony,) together with her equipments, were shipped and procured at Philadelphia, and sent down to the vessel in oyster-boats and other small craft. Four or five days after sailing the name Traveller was obliterated and she assumed the name of Hornet and hoisted the colors of Sir George McGregor, and commenced her cruise. During the cruise the men mutinied, and, while in this state, the vessel was taken possession of by Captain Elton, on the St. Mary's station, and sent in. There was a condemnation before the district court, and an appeal was taken to the circuit court, where it is still pending. [87] *Perhaps a particular statement of the facts in relation to these cases was pot required from me, but being in doubt on this subject I have given them according to the best information which I have been enabled to acquire, from the testimony collected and offered to the courts before which the cases have been heard. I am, yours, &c., &c., Hon. JOHN QUINCY ADAMS, WILLIAM DAVIES. Secretary of State. Mr. McCulloch, collector, to Captain Beard. CUSTOM-HOUSE, BALTIMORE, SIR: The brig you speak of as a Spanish vessel, prize to a Buenos Ayrean vessel of war, may come up and enter as a merchantman, if in need of any supplies for the crew or repairs to enable the vessel to navigate safely, but an officer must be put on board to prevent anything being landed until she is ready to depart from the United States. An inspector of the customs will perform this duty, and go down for the purpose. Captain ALEXANDER BEARD. [88] JAMES H. McCULLOCH. *United States Neutrality Act of April 20, 1818. [This act is already printed in the United States Documents, Vol. IV, p. 90.] Mr. Monroe, Secretary of State, to Mr. Fish, district attorney. DEPARTMENT OF STATE, SIR: The Chevalier de Onis has represented to this department that the owners of the American privateer, the True-Blooded Yankee, are fitting her out in New York to cruise off the harbor of Cadiz, in Spain, under the flag of the government of Buenos Ayres, with a view to the capture of the vessels of his sovereign and of the subjects of the Crown of Spain. You will lose no time in setting on foot the necessary inquiry in relation to the facts alleged by the Chevalier de Onis, and in taking · 31 A the proper measures to frustrate the plan of the adventurers, if his information is found to be correct. You will likewise in this case institute the proper legal remedies for the punishment of this violation of the law, and make a statement to this Department of the result of your inquiries and of the steps you shall have taken. JONATHAN FISH, Esq. JAMES MONROE. [89] Mr. Wirt, Attorney-General, to the President. SIR: The cause of the Corony, Captain Saunders, seized at Savannah, on a charge of having been fitted out in a port of the United States to cruise against the King of Spain, with whom we are at peace, has been submitted by the Secretary of State for my opinion, and, in his absence, I take the liberty of communicating the opinion directly to you. Captain Saunders applies for an order to discharge his vessel from further prosecution, on the ground that she is a legitimate armed vessel, lawfully sailing under the flag of the republic of Venezuela, and regularly commissioned by Admiral Brion. Although both the statement and the documents furnished by Captain Saunders are entirely er parte, yet, from his own showing, I consider it a fair case for adjudication; for in his letter to the Secretary of State he admits that the Corony is the same vessel which, on the 1st day of April last, cleared out from the custom-house at Savannah, with the munitions of war then on board with which she was apprehended; and by reference to the manifest which he incloses in his letter in support, it is presumed, of this assertion, it will be found that she then cleared out under the name of the Felix, having on board three cases of muskets, two four-pound and two six-pound cannon with carriages, sixteen kegs of powder, [90] and no other cargo except *sea-stores; and he admits that, thus armed, she took a commission to cruise against the subjects of the King of Spain, and did sail upon such cruise. At this time the act to prevent citizens of the United States from privateering against nations in amity with, or against the citizens of, the United States, and the act passed the 3d of March, 1817, "more effectually to preserve the neutral relations of the United States," were both in force, the provisions of which are familiar to you; and I, therefore, think it unnecessary to say more than that, in my opinion, the case of the Corony is a fit case for adjudication, and by no means one which calls for the extraordinary interference of the Government. To enable you the more readily to test the accuracy of this opinion by the facts communicated by Captain Saunders, I inclose his letter to the Secretary of State, with the documents which that letter covered. I have the honor to be, &c., The PRESIDENT of the United States. WM. WIRT. [Inclosure.] Captain Saunders to Mr. Adams, Secretary of State. SAVANNAH, July, 1818. SIR: I pray you to lay before his Excellency the President of the United States the inclosed documents. I submit the case of the [91] Corony to his consideration *under the belief that it is a proper subject for the interposition of the Government, and that his excellency, under the representations made, will be pleased to direct the United States officer to release the vessel from the present arrest and process. The Corony is regularly commissioned, and has done no act since that period that could upon any ground support a libel against her in an admiralty court of the United States, unless it is determined to doubt the authority to cruise under the flag and commission of Venezuela. This vessel has sailed in company with the United States vessel, the Hornet, and until the seizure under the vague and unsupported allegation of being fitted out and armed within the limits of the United States, her flag and commission have been respected wherever she has been. A reference to the custom-house of this district will show that she was permitted to sail from this port with the munitions then on board; that she had no guns mounted or was in a state or condition to commit hostilities. She received her armament and commission at Margaritta, and sailed in the full confidence (particularly as she brought dispatches from Captain Reid to this Government) of not being molested in the United States. The Corony is now in possession of the mar shal, and with this expense is incurred the very serious one [92] *of supporting the crew until some decision is obtained from the court or the Government. There is no acting district judge, and consequently I am compelled to wait for the judgment of the court, which may not be expected before December, the period assigned for the session of the circuit court. Unless, then, it is in the power of the President to afford me the relief solicited, the vessel and her armament will be abandoned, and redress sought for against the arresting officer. I have the honor to be, &c., WM. SAUNDERS. Inclosures: Manifest of schooner Felix, (copy;) protest and affidavits of W. S., (copy ;) commission and instructions of W. S., (copy.) Mr. Wirt, Attorney-General, to Mr. Glenn, district attorney. WASHINGTON, October 12, 1818. DEAR SIR: I find on my table this morning yours of the 9th instant. Whether I can take part in the prosecutions will depend on the case you shall be able to make by your evidence. The Government is sincerely and earnestly desirous to fulfill the pledge of neutrality as to the South American contest, which it has given to the world, and if [93] it shall appear that our citizens have interfered in this contest in violation of existing laws, you may rely upon my professional assistance. But I must know what the proof will be before I can engage, and this same knowledge you will readily perceive is necessary before I can express any opinion as to the mode of indicting. You will be so good, therefore, as to furnish me copies of any information you may receive which brings the case under either of the laws, in order that I may give you the aid you require; and in the mean time it may not be amiss to state to the Secretary of State your wish for my assistance. Yours, with great respect, &c., ELIAS GLENN, Esq., WM. WIRT, Attorney-General. Baltimore. Mr. Glenn, district attorney, to Mr. Adams, Secretary of State. BALTIMORE, October, 1818. SIR: Warrants have been issued by the district judge of Maryland against several men of some standing in society for having, in the year 1816, been concerned in fitting out a privateer called the Fourth of July, alias the Fortuna, with intent to employ such vessel in the service of Buenos Ayres and of Artigas, to commit hostilities upon [94] *the subjects of the Kings of Spain and Portugal. Upon these warrants the parties charged have been arrested and recognized to appear on the 7th of November next, when the subject will be presented to the grand jury, when I presume indictments will be found. Upon these indictments the parties charged will be tried. As the trial will involve many important questions, which will readily present themselves to your mind, I take the liberty of asking the favor of you to permit me to employ Mr. Wirt to assist me in the prosecutions if he will consent to lend his aid. Will you be pleased to communicate with the Attorney-General on this subject, and let me have the pleasure of hearing from you on this subject? I have the honor to be, &c., JOHN QUINCY ADAMS, Esq. ELIAS GLENN. [95] *Mr. Swift, Portuguese consul, to Mr. McCulloch, collector. VICE-CONSULATE OF PORTUGAL, SIR: I beg leave to call your attention to the affidavit that I have the honor to inclose. I would further inform you that from my own knowledge the commander of the armed brig alluded to arrived here this morning preparatory to his departure for a cruise on which I learn he intends to proceed immediately, which is confirmed by a communication I have received from one of his officers. Under these circumstances I have to respectfully request you will, by virtue of the power invested in you, cause the said armed vessel to be detained forthwith, until at least the pleasure of the President of the United States can be known. I make this appeal in great confidence, from my knowledge of your disposition for justice, and that with every good citizen you will unite in showing your disapprobation of acts fraught with so much evil and injustice, which are so likely to entail disgrace on our city, and to disturb that tranquillity which our country now happily enjoys. I have the honor to assure you of the great respect and consideration with which I am, sir, yours, &c., &c., JAMES H. MCCULLOCH, Esq., Collector of the Customs, Baltimore. [96] BALTIMORE, 88: W. B. SWIFT. On this 29th day of October, 1818, personally appeared before me, the subscriber, a justice of the peace for the county aforesaid, John M. Guss, who made oath on the Holy Evangels of Almighty God that he has every reason to believe, and is confident in his own mind, that a certain brig or vessel formerly called the Iowa Lento, and captured under the Portuguese flag by the private armed brig La Fortuna, under a commission from Artizas, is now fitting or fitted in the Chesapeake Bay (and at present in or near Patuxent) for the purpose of cruising against the commerce of nations in amity with the United States, and that part of said equipment has been furnished at or from the neighborhood of Baltimore. Sworn to before AUG. FISQUITH. [97] *Mr. McCulloch, collector, to Captain Beard. Collector's Office, October 29, 1818. SIR: Information having been given to me that a certain brig or vessel formerly called John Lunt, captured from the Portuguese by the oriental brig of war La Fortuna, is now arming and fitting for hostile purposes against nations in amity with the United States, at or near Patuxent River in this bay, and is furnished with part of her equipments from Baltimore, or some place near it, you will please to proceed with the cutter Active and examine the places in that quarter or elsewhere. And if such vessel so acting and fitting is found without legal entry and permit therefor, seize and bring her to this port for adjudication. If in possession of any of the officers of the United States, your object is answered, and nothing will remain but to give any assistance required to secure the vessel. Your obedient servant, JAMES H. McCULLOCH, Collector. Captain ALEXANDER BEARD. [98] *Mr. Wirt, Attorney-General, to Mr. Glenn, district attorney. DEPARTMENT OF JUSTICE, Washington, November 6, 1818. DEAR SIR: I have been deliberating as well as I could on the course of prosecution which shall be adopted against the owners, captain, and |