Mr. Miller, district attorney, to Mr. Black, Attorney-General.
New Orleans, October 10, 1859.
Sir: I wrote you yesterday detailing proceedings had in connection with the pending prosecutions for alleged violations of the neutrality act of 1818.
Since that time, evidences have multiplied against the steamship Philadelphia. She had on board munitions of war, and moreover circumstances indicate that after her detention by the Collector attempts were made to destroy or make way with that portion of her cargo. We are of the opinion that when 400 tons of coal are taken out of her, [Page 679] further discoveries will be made. She will be seized this morning and libelled, under the third section of the act of 1818, and as I write the collector officially informs me of the seizure and instructed proceedings.
[637] The plan of the unlawful expedition I think, now, *is clearly and unmistakably revealed, and the suspicions against the Philadelphia have ripened into convictions. I am now actively employed in the measures incident to obtaining proof, which will be needed in the prosecution of the leaders of the Nicaragua expedition, and maintaining the libel against the Philadelphia. I am strongly of opinion that parties in New York are privy to these unlawful designs.
I ought to have reported to you yesterday, that, under your instructions per telegraph, I employed the tow-boat P. F. Kimball to carry down and bring back the troops, and discharged her when that service was completed.
I inclose copies of letters, which are a part of the history of the arrest of Maury’s party by the marshal. They require no comment, and the matters therein referred to shall receive due attention.
In the policy I have conceived for the prosecution of these offenders I distinguish between the prosecution of the leaders and their deluded and miserable followers, who are perfectly harmless without the aid of mischievous men to guide them, and I shall use my discretion about their prosecution, subject, of course, to instructions, if it should be necessary to give them.
The collector and myself share in the opinion that the expedition from here at least is frustrated, and the only regret we experience proceeds from the apparent contempt of the law which the people were enabled to manifest.
[638] I shall continue to furnish you such important in *formation as I deem interesting to the Government. The newspapers here are disaffected to the prosecution of these offenders, and I need not add that their accounts are prejudiced, ill-natured, and untrue.
Very respectfully, your obedient servant,
United States Attorney.
Hon. J. S. Black,
Attorney-General.
P. S.—Judge McCaleb, United States district judge, will be here for the examination of the accused.