Mr. Miller, district attorney, to Mr. Black, Attorney-General.
New Orleans, October 20, 1859.
Sir: I transmit you the newspaper accounts of the examination, before United States Commissioner Lusher, of the leaders of the late Nicaragua expedition.
The newspapers here are prejudiced in favor of unlawful expeditions, and their prejudices naturally infuse themselves into their columns. I have selected the accounts transmitted as the most truthful, and from which you can gather the prominent features of the evidence.
With regard to an examination before a commissioner, under the circumstances I was opposed to it. I had requested his honor Judge McCaleb, of the United States district court, to be present, and he had [Page 680] complied, and I contemplated laying an indictment before the grand jury as soon as the judge could give his charge. This charge was given yesterday, and is contained in one of the newpapers sent to you, (the Picayune of this date,) and the grand jury are *now investigating the subject. Whatever is the result before the commissioner, I shall not deem my duty performed until all the evidence which is attainable is laid before the jury and they have passed on it. [639]
The evidence necessary to make legal proof against the accused is difficult, and I fear cannot be obtained. This expedition was frustrated by intercepting its means and arresting by judicial process the men composing it before it had reached that point when its real character would have been made manifest and easy of proof. The proof adduced is ample to produce moral conviction, but so guarded have been the movements of those composing it, and so secret the agencies by which the real objects of the expedition have been controlled, that it seems impossible to bring proof necessary to fasten guilt on the motley assemblage of unarmed and ill-provided men who were arrested and brought back to this city from the passes of the Mississippi River, whither they had gone evidently to await the vessel provided to carry them to their ultimate destination. That this vessel was intended to be the steamship Philadelphia, the circumstances strongly indicate, yet in the extended and searching examination, both before the commissioner and the grand jury, no direct proof has been elicited to connect the assemblage of men at the passes with the steamship Philadelphia.
[640] The witnesses who ought to know the connecting facts have either perjured themselves, or the influences which *have created the relation sought to be established are too deeply hidden to be detected. My labors in the matter are not yet ended, and will not cease until every channel of information is exhausted before the grand jury.
I call your particular attention to the evidence as regards arms and munitions of war being placed on the Philadelphia in New York, and under circumstances that indicate it was done for no legitimate purposes.
I have already apprised you I have libelled the Philadelphia. The developments in the evidence indicate that judicial investigation in New York would be appropriate.
The measures adopted here have had a most salutary effect. They will deter the repetition of these abortive attempts, as silly as they are illegal.
I directed the owner of the boat chartered by me to take down the troops to present his bill, and, when done, I shall request you to provide for its payment.
I am, sir, very respectfully, your obedient servant,
United States Attorney.
Hon. J. S. Black,
Attorney-General.