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and arm, or to augment their Force, at New Orleans, or elsewhere within the State of Louisiana.

On the contrary, it is notorious, that to no one point of duty have the Civil and Military Authorities of The United States directed more strenuously, or, it is believed, more successfully, their attention, than to the discovering and suppression of all attempts to violate the Laws in these respects. Attempts to violate them, by fitting out and arming, and by augmenting the force of Vessels, have no doubt been frequent, but certainly in no instance successful, except where conducted under circumstances of concealment that eluded discovery, and almost suspicion; or where carried on at some remote point of the Coast, beyond the reach of detection or discovery. In every instance where it was known that these illegal acts were attempting, or where it was afterwards discovered that they had been committed, the Persons engaged, as far as they were known, have been prosecuted, while the Vessels fitted out, or attempted to be fitted out, have been seized and libelled, under the Act of the 5th of June, 1794;* and when captures

* An Act in addition to the “Act for the Punishment of certain Crimes against The United States."—5th June, 1794.

SECT. 1. Be it enacted and declared by the Senate and House of Representatives of The United States of America in Congress assembled, That if any Citizen of The United States shall, within the Territory or jurisdiction of the same, accept and exercise a Commission to serve a Foreign Prince or State in War, by land or sea, the Person so offending shall be deemed guilty of a high misdemeanor, and shall be fined, not more than 2,000 dollars, and shall be imprisoned, not exceeding 3 years.

Sect. 2. And be it further enacted and declared, That if any Person shall, within the Territory or jurisdiction of The United States, enlist or enter himself, or hire or retain another Person to enlist or enter himself, or to go beyond the limits or jurisdiction of The United States with intent to be enlisted or entered, in the Service of any Foreign Prince or State as a Soldier, or as a Marine, or Seaman, on board of any Vessel of War, Letter of Marque, or Privateer, every Person so offending shall be deemed guilty of a high misdemeanor, and shall be fined, not exceeding 1,000 dollars, and be imprisoned, not exceeding years. Provided, That this shall not be construed to extend to any Subject or Citizen of a Foreign Prince or State, who shall transiently be within The United States, and shall, on board of any Vessel of War, Letter of Marque, or Privateer, which, at the time of its arrival within The United States, was fitted and equipped as such, enlist or enter himself, or hire or retain another Subject or Citizen of the same Foreign Prince or State, who is transiently within The United States, to enlist or enter himself to serve such Prince or State on board such Vessel of War, Letter of Marque, or Privateer, if The United States shall then be at Peace with such Prince or State. And provided further, That if any Person so enlisted shall, within 30 days after such enlistment, voluntarily discover, upon oath, to some Justice of the Peace, or other Civil Magistrate, the Person or Persons by whom he was so enlisted, so as that he or they may be apprehended and convicted of the said offence, such Person, so discovering the Offender or Offenders, shall be indemnified from the penalty prescribed by this Act.

have been made by Vessels thus fitted out and armed, or in which their Force was augmented or increased within our Waters, where the property taken was brought within our jurisdiction, or even found upon the High Seas by our Cruisers and brought in, it has been restored to

Sect. 3. And be it further enacted and declared, That if any Person shall, within any of the Ports, Harbours, Bays, Rivers, or other Waters, of The United States, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall, knowingly, be concerned in the furnishing, fitting out, or arming of any Ship or Vessel, with intent that such Ship or Vessel shall be employed in the Service of any Foreign Prince or State, to cruise or commit hostilities upon the Subjects, Citizens, or Property of another Foreign Prince or State with whom The United States are at Peace, or shall issue or deliver a Commission, within the Territory or jurisdiction of The United States, for any Ship or Vessel, to the intent that she may be employed as aforesaid, every such Person so offending shall, upon conviction, be adjudged guilty of a high misdemeanor, and shall be fined and imprisoned at the discretion of the Court in which the conviction shall be had, so as the fine to be imposed shall in no case be more than 5,000 dollars, and the term of imprisonment shall not exceed 3 years; and every such Ship or Vessel, with her Tackle, Apparel, and Furniture, together with all Materials, Arms, Ammunition, and Stores, which may have been procured for the building and equipment thereof, shall be forfeited, one-half to the use of any Person who shall give information of the offence, and the other half to the use of The United States.

Sect. 4. And be it further enacted and declared, That if any Person shall, within the Territory or jurisdiction of The United States, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the Force of any Ship of War, Cruiser, or other armed Vessel, which, at the time of her arrival within The United States, was a Ship of War, Cruiser, or armed Vessel, in the Service of a Foreign Prince or State, or belonging to the Subjects or Citizens of such Prince or State, the same being at War with another Foreign Prince or State with whom The United States are at Peace, by adding to the number or size of the Guns of such Vessel prepared for use, or by the addition thereto of any equipment solely applicable to War, every such Person, so offending, shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be fined and imprisoned at the discretion of the Court in which the conviction shall be had, so as that such fine shall not exceed 1,000 dollars, nor the term of imprisonment be more than 1 year.

Sect. 5. And be it further enacted and declared, That if any Person shall, within the Territory or jurisdiction of The United States, begin or set on foot, or provide or prepare the means for, any military expedition or enterprise, to be carried on from thence against the Territory or Dominions of any Foreign Prince or State, with whom The United States are at Peace, every such Person so offending shall, upon conviction, be adjudged guilty of a high misdemeanor, and shall suffer fine and imprisonment, at the discretion of the Court in which the conviction shall be had, so as that such fine shall not exceed 3,000 dollars, nor the term of imprisonment be more than 3 years.

Sect. 6. And be it further enacted and declared, That the District Courts shall take cognizance of complaints, by whomsoever instituted, in cases of captures made within the Waters of The United States, or within a marine league of the Coasts or Shores thereof.

the original Spanish Owners, and, in some instances, damages awarded against the Captors.

An enumeration of the Cases in which Individuals have been prosecuted for infringing, or attempting to infringe our Neutrality, in aid of the Governments of New Spain, and in which Vessels have been seized and libelled, under the Act of the 5th of June, 1794, together with a list of the Vessels and property restored to the original Spanish Owners (confining the whole to the operations of the year commencing March, 1815, and ending February, 1816,) will show more conclusively, perhaps, than any thing else can, how totally without foundation are the complaints of Spain on this head.

Names of the Individuals presented in the District Court of The

Sect. 7. And be it further enacted and declared, That in every case in which a Vessel shall be fitted out and armed, or attempted so to be fitted out or armed, or in which the Force of any Vessel of War, Cruiser, or other armed Vessel, shall be increased or augmented, or in which any Military Expedition or Enterprise shall be begun or set on foot, contrary to the Prohibitions and Provisions of this Act; and in every case of the capture of a Ship or Vessel within the Jurisdiction or Protection of The United States, as above defined, and in every case in which any process, issuing out of any Court of The United States, shall be disobeyed or resisted by any Person or Persons having the custody of any Vessel of War, Cruiser, or other armed Vessel, of any Foreign Prince or State, or of the Subjects or Citizens of such Prince or State, in every such case it shall be lawful for the President of The United States, or such other Person as he shall have empowered for that purpose, to employ such part of the Land or Naval Forces of The United States, or of the Militia thereof, as shall be judged necessary, for the purpose of taking possession of, and detaining, any such Ship or Vessel, with her Prize or Prizes, if any, in order to the execution of the Prohibitions and Penalties of this Act, and to the restoring such Prize or Prizes, in the cases in which restoration shall have been adjudged, and also for the purpose of preventing the carrying on of any such Expedition or Enterprize, from the Territories of The United States, against the Territories or Dominions of a Foreign Prince or State with whom The United States are at Peace.

Sect. 8. And be it further enacted and declared, That it shall be lawful for the President of The United States, or such other Person as he shall have empowered for that purpose, to employ such part of the Land or Naval Forces of The United States, or of the Militia thereof, as shall be necessary to compel any Foreign Ship or Vessel to depart The United States, in all cases in which, by the Laws of Nations, or the Treaties of The United States, they ought not to remain within The United States.

Sect. 9. And be it further enacted, That nothing in the foregoing Act shall be construed to prevent the prosecution or punishment of Treason, or any Piracy, defined by a Treaty or other Law of The United States.

Sect, 10. And be it further enacted, That this Act shall continue and be in force, for and during the term of 2 years, and from thence to the end of the next Session of Congress, and no longer.* [Approved, 5th June, 1794.]

* Continued for 2 years, &c., by Act of 2d March, 1797. Continued, without limitation of time, by Act of 24th April, 1800.

United States, for the Louisiana District, during the year 1815, for violating, or attempting to violate, the neutrality of The United States, in aid of the Governments of the United Provinces of New Grenada, and of the United Provinces of Mexico.

JOSE ALVAREZ DE TOLedo.

JULIES CESAR AMAZONI.

VINCENT GAMBIE.

JOHN ROBINSON.

ROMAIN VERY.

PIERRE SOMESON.

BERNARD Bourdin.

List of the Vessels libelled for illegal outfits in aid of the same Governments, during the same period.

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Enumeration of Vessels and property brought within the Louisiana District, captured under the Flags and by the authority of the Governments of New Grenada and of Mexico, libelled on the part of the original Spanish Owners, and restored, upon the ground that the capturing Vessels had been fitted out and armed, or had their Forces augmented, within the Waters of The United States.

1. Schooner Cometa, restored April, 1815................................. 2. Schooner Dorada, Proceeds restored 16th May, 1815.

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3. Schooner Amiable Maria, do. do............. 4. Schooner Experimente, restored 3rd August. 5. The Polacre Brig, de Regla and Cargo, Proceeds restored 18th December, 1815........

Dollars. C.

3,050 00 3,850 00

...... 19,209 50

6. Schooner Alesta and Cargo, being the Proceeds of the capture of about 18 small Vessels, restored 18th December, 1815..........

.... 62,150 05

Damages awarded to the original Owners against the Captors, in the 2 foregoing Cases. ...

7. The Cargo of the Schooner Petit Milan, restored February, 1816.........

55,272 97

2,444 31

8. The Cargo of the Schooner, Presidente, 1st February, 1816............

10,931 15

9. Schooner Sankita and Cargo, restored 1st, February, 1816 .....

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37,962 94

The preceding Account of Spanish property restored to the original Proprietors, after being in possession of the Enemies of Spain, is de

fective, inasmuch as it does not comprehend the whole of the Cases of restoration that have taken place within the period to which the detail is confined; the very hasty manner in which I have made this enumeration did not admit of a more accurate Statement. The principal Cases, however, are included in it. In several other Cases, where the property was claimed for the original Spanish Owners, the Claims were dismissed, because it did not appear that any violation of our neutrality had taken place.

The capturing Vessels were not armed, nor was their force augmented, within our jurisdiction; nor had the captures been made within a marine league of our shore. The principles that guided the Decisions of the Court, as well in restoring the property captured, where our neutral means had been used, as in declining all interference where that was not the case, manifest, I think, a disposition to, and an exercise of, the most rigid neutrality between the Parties.

1 have the honor to be, &c.

The Hon. James Monroe.

JOHN DICK.

(B.)—CORRESPONDENCE with the Spanish Minister in The United States.-1817.

SIR,

No. 1.-The Secretary of State to the Chevalier de Onis.

Department of State, 14th January, 1817. HAVING understood, in our late Conference, that you would not agree to an Arrangement, by which Spain should cede her Claims to Territory eastward of the Mississippi, unless The United States ceded their Claims to all the Territory westward of that River, and that even then, your agreement would be restricted to a recommendation to your Government to adopt an arrangement to that effect, it is deemed unnecessary to make you any further proposition, or to prolong the Negotiation on the subject of Limits.

I have now to request that you will have the goodness to inform me, whether you are willing to enter into a Convention to provide compensation for spoliations, and for the injury resulting to The United States, from the suppression of the Deposite at New Orleans. I have the honor to be, &c.

H. E. The Chevalier de Onis.

JAMES MONROE.

No. 2.-The Chevalier de Onis to the Secretary of State.-(Translation.)
SIR,
Washington, 16th January, 1817.

I HAVE received your Official Letter of the 14th inst., in which, you are pleased to make known to me, that having understood, in our last Conference, that I would not accede to an Arrangement by which Spain should cede her pretensions to the Territory east of the Mississippi, if The United States did not relinquish theirs to the west of that

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