to state, that information has been received at this Department, from various sources, that Vessels have been armed and equipped in our Ports, for the purpose of cruising against the commerce of Nations in amity with The United States, and no doubt is entertained that this information was in some instances correct. The Owners of these Vessels have, however, generally taken care, so to conceal these armaments and equipments, and the object of them, as to render it extremely difficult, under existing circumstances, to prevent or punish this infraction of the Law. It has been represented:

1st. That Vessels belonging to Citizens of The United States, or Foreigners, have been armed and equipped in our Ports, and have cleared out from our Custom-houses, as Merchant Vessels; and, after touching at other Ports, have hoisted the Flag of some of the Belligerents, and cruised under it against the commerce of Nations in amity with The United States.

2ndly. That in other instances other Vessels, armed and equipped in our Ports, have hoisted such Flags after clearing out and getting to sea, and have, in like manner, cruised against the commerce of Nations in amity with The United States, extending their depredations, in a few cases, to the property of Citizens of The United States.

3dly. That in other instances, Foreign Vessels have entered the Ports of The United States, and, availing themselves of the privileges allowed by our Laws, have, in various modes, augmented their armaments, with pretended commercial views,-have taken on board Citizens of The United States, as Passengers, who, on their arrival at Neutral Ports, have assumed the character of Officers and Soldiers in the Service of some of the Parties in the Contest now prevailing in our Southern Hemisphere.

Information, founded upon these representations, has, from time to time, been given to the Attorneys and Collectors of the respective Districts in which the armaments are stated to have been made; but from the difficulty of obtaining the necessary evidence to establish facts on which the Law would operate, few prosecutions have been instituted.

In reply to your second Inquiry, I beg leave to refer to the Communication from the Secretary of the Treasury to the Committee of Ways and Means, during the last Session of Congress, in the Case of the American Eagle, and to the Papers enclosed herewith.

I have the honor to be, &c.

The Hon. John Forsyth.

JAMES MONROE.

(4.)-John Dick, Esq., Attorney of The United States for the District of Louisiana, to the Secretary of State.

(Extract.)

1st March, 1816. ATTEMPTS to violate the Laws, 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 part 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 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 the original Spanish Owners, and, in some instances, damages awarded against the Captors.

The following 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 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, and how misplaced are the assertions of the Minister of Spain on this head.

Names of Individuals prosecuted in the District Court of The 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 Granada, and of the United Provinces of Mexico.

Jose Alvarry Toledo,

Julius Cæsar Amigone,

Vincent Gambie,

John Robinson,

Romain Very,

Pierre Lameson,

Bernard Bourden.

List of Vessels libelled for illegal outfits of the same Governments,

Enumeration of Vessels and Property brought within the Louisiana District, captured under the Flags, and by authority of the Governments, of New Granada, 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 force augmented, within the waters of The United States.

1. Schooner Cometa, restored April, 1815.

2. Schooner Dorada, proceeds restored 16th May, 1815, 3,050. dollars.

3. Schooner Amiable Maria, 3,850 dollars.

4. Schooner Experemente, restored 3d August.

5. The Polacre Brig De Regla and Cargo, proceeds restored 18th December, 1815;-19,209 dollars and 50 cents.

6. Schooner Alerta and Cargo, being the proceeds of the Capture of about 18 small Vessels, restored 18th December, 1815 ;-62,150 dol lars and 5 cents.

Damages awarded to the original Owners against the Captors in the 2 foregoing Cases,-55,272 dollars and 99 cents.

7. Cargo of the Schooner Petit Melan, restored 1st February, 1816; -2,444 dollars and 31 cents.

8. Cargo of the Schooner Presidente, 1st February, 1816;—10,931 dollars and 15 cents.

9. Schooner Sante Ritor and Cargo, restored 1st February, 1816; -37,962 dollars and 94 cents.

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

If the whole of this Letter is not an act of supererogation, to dwell longer upon those parts of the Correspondence of the Chevalier de Onis, which relates to Louisiana, would at least be so considered. The Hon. James Monroe.

JOHN DICK.

(5.)—Mr. Glenn to Mr. Monroe.

SIR,

Baltimore, 7th September, 1816. IMMEDIATELY Upon the receipt of your Letters of the 16th of August, I obtained from the Collector of this Port an Affidavit, stating, that Thomas Taylor had, in April last, sworn that he was a Citizen of The United States, and as such, had cleared out the Schooner Romp, which Vessel, the Collector also declared, on oath, he believed to have cruised against the Vessels of the King of Spain since that time. Upon which Affidavit, an intelligent Justice of the Peace of this City, well disposed, upon the score of political feeling, to do as much as justice required towards the punishment of Taylor for his conduct, issued a Warrant, by virtue of which Taylor was arrested. Upon its return, I appeared before the Justice, (whose name is John Dougherty,) and presented all the Documents which were sent to me, in company with your Letter, which were read and received as evidence by him. I also caused a Sailor, who had served on board the Romp, and who was at that time in hospital at this place, to be summoned, as also the Editor of the "American," Newspaper, in which Taylor's Letter had appeared, bearing date at "Baltimore, the 10th of July, 1816," all of whom were examined, on oath, before the Justice. The Sailor was cautioned not to criminate himself, upon which he refused to answer any question. Mr. Murphy, one of the Editors of the American, declared, on oath, that he had no authority whatever from Taylor to publish the Letter which bore his signature, but that he had taken the same, of his own accord, as an article of intelligence, from a Newspaper printed in Charleston. I was not, you will perceive, in the slightest degree assisted in my Case by the examination of these Witnesses. I however urged, before the Justice, that the depositions laid a sufficient ground of probable cause of suspicion against Taylor, when connected with the Affidavit of the Collector. I also produced some authority to show that Taylor ought to be committed. Whereupon, the Justice desired until yesterday morning to consider upon the Case, and requested that the Marshal might be present at the time of his Decision, which accordingly took place. The Justice has, notwithstanding all these circumstances, actually discharged Taylor, upon the ground, as he states, that he could not find there was any probable cause to believe he was concerned with or advised Squire Fisk, to commit the acts of piracy which were committed by him on his late cruise, and as Taylor never was on board the Romp, from the time she left Baltimore. Thus ended this Case, as far as I have gone.

Judge Houston will be here in 1 or 2 days to hold a District Court. Upon his arrival, I shall lay all the proofs before him, and claim from him a Warrant, which I presume he will grant without hesitation, the issue of which shall be communicated to you without delay.

As the Editors of the American and Patriot tell me, they copied the Letter, written by Taylor, bearing date the 10th July, 1816, from the

Savanah Republican, or the Charleston Patriot; unless I can procure the testimony of one of these Editors, to prove that Taylor actually gave them that Letter for publication, I do not see how he is to be implicated criminally with Fisk, If Judge Houston should take cognizance of the Case, I will, at all events, be glad to have the Witnesses, who were examined in Virginia, here on the 7th of November, next, to give evidence before the Grand Jury, which will be summoned to attend the Circuit Court.

In this Case, there are a variety of circumstances tending to show Taylor's co-operation with, and assistance to, Fisk, but none, I fear, sufficiently conclusive to convict him, unless we can prove the authenticity of his Letter of Instructions, which can only be done by procuring his orders to publish his last Letter, which admits the authenticity of the first.

I enclose to you 4 Letters which have been lately received by me from the Spanish Consul here; as also my Answer to them. I shall be happy to hear that I have, in all these affairs, acted in such a manner as to meet your approbation.

I have the honor to be, &c.

The Hon. James Monroe.

ELIAS GLENN.

ACT of Congress of The United States, "more effectually to preserve the Neutral Relations of The United States."-3rd March, 1817.*

SECT. I. Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, that if any Person shall, within the limits 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, or of any Colony, District or People, to cruize or commit hostilities, or to aid or co-operate in any warlike measure whatever against the Subjects, Citizens, or Property of any Prince or State, or of any Colony, District, or People, 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 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 10,000 Dollars, and the term of imprisonment shall not exceed 10

Repealed by Act of Congress of 20th April, 1818.-See Vol. 1821-22, Page 382.