Mr. Hall, district attorney, to Mr. Clayton, Secretary of State.
United States District Attorney’s Office,
September 8, 1849.
[654] Sir: In obedience to your orders, directing me to “arrest any vessel engaged in the expedition against Cuba,” *I caused the Sea-Gull and New Orleans to be detained by the naval forces of the United States, under which power they are now held.
I could not discover anything in the act of 1818 which could speedily effectuate the object you had in view, except the eighth section and I hope the power therein conferred upon the President, to employ the “land or naval forces” in such an emergency, will be found clear to justify our acts.
Under this conviction, I called upon Captain McKeever, commandant of the navy-yard at Brooklyn, for a force adequate to make seizures; and he thereupon detailed four officers and fifty men for the particular service in view. With this force, the marshal of the district, by my order, proceeded to the quarantine-grounds in a steamer, took possession of the Sea-Gull, (a vessel of considerable size, having a propeller as auxiliary to her sails,) brought her up to the navy-yard, and placed her under the guns of the North Carolina, where she now lies. He then, by a like order from me, placed an officer with a small body of marines on board the New Orleans, (a large sea-going steamer, lying at Corlears’ Hook,) to detain her in harbor until further orders.
[655] I did not take possession of the Florida, as she was in no respect ready for sea, and because I thought the seizures already made would be sufficient to ac*complish all your purposes.
Since these arrests have been made, I have been called upon by the owners and agents of the Sea Gull and New Orleans, in relation to this matter, and they have very frankly admitted all the facts necessary to justify our proceedings.
With regard to the Sea Gull, she is to discharge her cargo, (which consists entirely of arms and munitions of war,) under the supervision of a proper authority, and her owner will give bond not to violate any law of the United States in relation to our neutrality. Upon these terms, and upon a solemn assurance that the expedition is effectually broken up and abandoned, I shall restore this vessel to Mr. Cole.
With regard to the New Orleans, she was under a charter-party, fair enough on its face, but secretly she was intended for the use of the expedition, end of this there is ample proof.
The seizures, however, have broken up their plans, and the charter-party has been abandoned on all sides.
The owners will stipulate, in any form I may require, that she shall not violate any act of Congress, and put her into the legitimate business for which she was constructed.
I shall, however, leave a marine officer on board of each vessel until the expedition is fairly and fully dispersed.
[Page 687][656] *With-regard to * * I shall leave him for the present, as he now is under bail to appear when called for; having the assurances and pledges of his friend that all persons engaged in the expedition will leave the city without delay.
I hope these conclusions will meet your approbation; but if not, you have merely to give me additional instructions, which will be implicitly followed.
In this matter I have to say, that to Colonel Crane’ and Captain McKeever I am indebted for the prompt manner in which they met my requisitions, while the marshal in person, without hesitation, executed all my instructions with entire propriety.
I have not deemed it necessary to go minutely into details, because I suppose that you have received them all from * * * who has a clear knowledge of all the facts.
Such expenses as have been incurred will be defrayed by the marshal and charged in his accounts.
With great respect, your obedient servant,
United States Attorney.
Hon. John M. Clayton,
Secretary of State, Washington.