Mr. Inge, district attorney, to Mr. Cushing, Attorney-General.
[515] Sir: I have received your letter of the 1st ultimo, requesting *a brief report of the several prosecutions which have been instituted in the northern district of California for violation of the act of 1818.
In reply, I have the honor to state that the first prosecution was instituted in 1853, against one Henry P. Watkins, who organized a force [Page 635] in San Francisco for the aid of Walker in his attempted conquest of. Lower California. This prosecution resulted in the conviction of Watkins.
Subsequently, Frederick Emmons, who was a confederate of Watkins in the expedition before referred to, plead guilty to an indictment founded upon the same section of the said law.
Afterwards, in the year 1854, the consuls of Mexico and France were indicted for violation of the section of the act of 1818 prohibiting the enlistments of men within the territory of the United States for service in a foreign country, the first of whom was convicted.
In the case of the consul of France there was a mistrial, the jury standing, upon their discharge, one-third for conviction and two-thirds for acquittal.
I have the honor to be, sir, very respectfully, your obedient servant,
Hon. Caleb Cushing,
Attorney-General of the United
States.