ammunition, and men, now at Milford, alleged to have violated the neutrality laws. W. A. FIELD. Mr. Field, Assistant Attorney-General to Mr. Barlow, United States marshal. F. C. BARLOW, [Telegram.] WASHINGTON, July 1, 1869. United States Marshal, New York City: Have sent telegrams to marshal and district attorney of Connecticut, to take care of the Fancy and Winona. W. A. FIELD. Mr. Willey, district attorney, to Mr. Field, Assistant Attorney-General. [Telegram.] NEW LONDON, CONNECTICUT, July 1, 1869. W. A. FIELD, Your telegram is received. I have telegraphed the marshal at New Haven to proceed at once to Milford, to hold the schooners Fancy and Winona, their arms, ammunition, and men, in custody till further orders. The enlistment of men was in the southern district of New York, and should be presented in that district. [85] Is it the purpose of the Government to libel *the vessel and cargo as forfeited? If so, instruct me to do so. HIRAM WILLEY, United States Attorney. Mr. Carll, United States marshal, to Mr. Field, Assistant Attorney-General. Hon. W. A. FIELD, [Telegram.] NEW HAVEN, CONNECTICUT, July 2, 1869. Assistant United States Attorney-General: The schooners Fancy and Winona both at the dock in New Haven, with a portion of cargo; balance of cargo in Milford; all in my custody, awaiting further orders. P. R. CARLL, United States Marshal. [86] *Mr. Field, Assistant Attorney-General, to Mr. Willey, district attorney. HIRAM WILLEY, [Telegram.] WASHINGTON, July 2, 1869. United States Attorney, New London, Connecticut : Libel vessels and cargo, if you think they are forfeitable; otherwise detain them, and report facts to this office. W. A. FIELD, Mr. Barlow, United States marshal, to Mr. Hoar, Attorney-General. [Telegram.] ATTORNEY-GENERAL, Washington: NEW YORK, July 2, 1869. There are not to exceed one hundred and seventy-five men. The balance escaped ashore before capture. Who shall feed them? They will starve unless some one does. Who must take charge of them, I or the admiral? Please answer. Unless these men are discharged at once, I learn that a habeas corpus will be sued out for them. What return can be made to it? FRANCIS C. BARLOW, Mr. Field, Acting Attorney-General, to Mr. Barlow, United States marshal. [Telegram.] [87] *WASHINGTON, July 2, 1869. FRANCIS C. BARLOW, United States Marshal, New York City: The President has sent instructions about feeding men. All officers and men are to be arrested on criminal process. In general, officers and all persons who have forfeited neutrality recognizance, or broken from arrest, are to be held to good bail for appearance and good behavior. The men generally are to be discharged, on their own recognizance, for appearance and good behavior. The vessels and tugs are to be libeled, if the district attorney thinks they are forfeitable; otherwise to be detained, and the attorney is to report facts, with his opinion, immediately to this office. Give copy of this to district attorney as his authority. W. A. FIELD, ! Mr. Barlow, United States marshal, to Mr. Hoar, Attorney-General. [Telegram.] BROOKLYN, NEW YORK, July 2, 1869. ATTORNEY-GENERAL, Washington: I have taken full charge of the men, according to your order of this morning, and will see that they are rationed at my expense, and will hold them until further orders. FRANCIS C. BARLOW, United States Marshal. [88] *Mr. Barlow, United States marshal, to Mr. Hoar, Attorney-Gen eral. UNITED STATES MARSHAL'S OFFICE, SIR: The confusion yesterday and this morning, as to who should take charge of and feed the prisoners, arose from the fact that the orders of the Navy Department of July 1, saying that the captured men were to be taken charge of and fed by me, were not communicated to me. No duplicate was sent to me by the Navy Department, nor copy by the admiral; consequently, the last order I knew of was that given on June 29, through the district attorney, that the men and vessels be put into the control and charge of the admiral. Therefore I supposed that he, and not I, was to keep and feed them. To-day I learned of orders from the Navy Department of July 1, and got your dispatch of this morning, to keep the prisoners until further orders. I have arranged to feed them. The telegram of the President as to their disposition has been received, and shall be obeyed. Respectfully, ATTORNEY-GENERAL, Washington. FRANCIS C. BARLOW, Mr. Davis, Acting Secretary of State, to Mr. Pierrepont, district attorney. DEPARTMENT OF STATE, * Washington, July 2, 1869. [89] SIR: I am directed by the President to acknowledge the receipt of your telegram of the 1st instant, relative to the disposition to be made of G. H. Norris, William Seisdorf, J. F. Clancey, Ralph Harmon, and F. W. Conant. The President does not deem it advisable immediately to release the prisoners, without substantial bail. But he would like your opinion upon the propriety of releasing them on their own recognizance as soon as matters have quieted a little. I am, sir, &c., EDWARDS PIERREPONT, Esq., J. C. B. DAVIS, United States Attorney, New York. Mr. Field, Acting Attorney-General, to Mr. Carll, United States marshal, and to district attorneys. WASHINGTON, July 3, 1869. SIR: I have received your telegram of yesterday, relating to the schooners Fanny and Winona, their cargoes, and the men found on board. I have sent a telegram to the district attorney of Con[90] necticut, instructing him in respect to the schooners and their cargoes. In regard to the men, you must report the facts to him. If they have committed any crime, it has probably been committed in the southern district of New York; and they must be tried in the district where the crime was committed. But they can be arrested and held to answer in any district where they may be found. It is important that you ascertain whether any of these men were leaders in the movement, or have heretofore been arrested on a charge of violating the neutrality laws. If they are merely the crews of the steamers, they need not be arrested on criminal process, but the district attorney should be consulted in regard to legally detaining them in such a manner as may be necessary to secure their attendance as witnesses in the trial of any proceedings that may be instituted against the schooners or their cargoes. If they are men enlisted in the expedition, but who took no active part in setting it on foot or organizing it, they should be arrested on criminal process, but may, unless the district attorney of New York thinks otherwise, be released from arrest, on their own recognizance, to appear and answer to any indictment that may be found against them, and on their own recognizances for future good behavior. So many as were leaders in the expedition are to be arrested on criminal process, and either committed or held to bail with sureties to *answer to any indictment that may be found against them, and not hereafter to violate the neutrality laws. [91] The district attorney of Connecticut should communicate with the district attorney of New York, that they may act in concert; and you are requested to ascertain the names of the persons, their residences, occupations, and connection with the expedition, and send a statement of these facts to both these district attorneys. Very respectfully, PETER R. CARLL, Esq., W. A. FIELD, Acting Attorney-General. United States marshal, New Haven, Connecticut. [Copies of above were sent, same date, to district attorney for Con necticut and district attorney for southern district of New York.] Mr. Barlow, United States marshal, to Mr. Hoar, Attorney-General. The ATTORNEY-GENERAL: [Telegram.] QUARANTINE STATION, NEW YORK, All prisoners will be released, on their own recognizance, this afternoon, except Alfaro and Bassora. None others of enough importance to be held on bail. FRANCIS C. BARLOW, United States Marshal. [92] *Mr. Field, Acting Attorney-General, to Mr. Barlow, United States marshal. WASHINGTON, July 3, 1869. FRANCIS C. BARLOW, United States Marshal, New York: The officers and men must be put in judicial custody as soon as possible, either under separate or joint complaints; and if a writ of habeas corpus issues before they are arrested on a warrant, pending the hearing of the writ, a warrant can be obtained, and immediately served, if they ' are discharged at the hearing. Give copy to district attorney. W. A. FIELD, Acting Attorney General. Mr. Hoar, Attorney-General, to Mr. Pierrepont, district attorney. WASHINGTON, July 6, 1869. SIR: I am instructed by the President to say to you that your course in prosecuting with energy and vigor the violations of the neutrality laws of the United States meets his full approbation. [93] Whatever may be the sympathies felt by the Government or people of the United States with the inhabitants of other countries seeking to vindicate their liberty, or acquire national independence, a *violation of the laws of the United States, by their agents or sympathizers, cannot be tolerated. "It is the duty of every executive officer faithfully and fearlessly to administer the law; and the United States will never permit, or connive at, the fitting out of military expeditions, within our territory, against any country with whom we are at peace. The nation will conduct and control its own wars, and will not allow private citizens, or foreigners who enjoy our hospitality and protection, to make, with impunity, this country the base of hostile operations. The President also directs me to to say to you that he desires that you will use every means in your power to arrest and punish the lawless men who have assaulted and obstructed the deputies of the marshal in the discharge of their official duties. It has been represented to me that threatening letters have been addressed to the members of the grand jury in attendance upon the district court, for the purpose of deterring them from finding indictments. It would be disgraceful to the Government if such an outrage should be successful in its object, or the perpetrators of it escape with impunity. You will, therefore, use every exertion to detect and punish them, and the whole power of the Government will be used to support you in your efforts to insure a steady administration *of law, and a firm administration of justice. [94] Respectfully, yours, Hon. EDWARDS PIERREPONT, United States Attorney, New York City. B. R. HOAR, |