[Inclosed remarks of the Attorney-General in the case of the Romp.]
I think it would be by all means proper to order a prosecution against Taylor. It is clear that this may be done in pursuance of the eighth section of the act of Congress of April 30, 1790, (vol. i, p. 100,) which allows the trial in cases like the present to be either in the *district where the offender may first be brought, or in that where he may be apprehended. [29]
I am also disposed to think that it would be a judicious measure to try Taylor first, provided it can be done without too much delay to the trial of the offenders already under bail or in custody in Virginia. To this effect the district attorney of Delaware should be written to, and if the circuit court there will meet as soon as, or at no distant day after, the time fixed for the meeting of that in Virginia, it would be well to order the evidence deposited in Virginia to be transmitted to the Department, that it may be sent on to Delaware. It would be prudent to ascertain in the first instance from the attorney of the latter place if Taylor is really to be found there.
In any event it will be proper that the collector of Havre de Grace [Page 457] should be written and directed to preserve, as intimated by Mr. Wirt, the documents that have fallen into his hands, so as to be able to obey a summons from whatever quarter to attend court at a future day. The alleged illegal voyage having had its inception at Baltimore, I think it also proper that the United States attorney in that city should be instructed to institute every practicable inquiry on his part with a view to the detection of the offenders.
In regard to the instructions to be sent out to Mr. Mitchell, the President’s intimation seems sufficiently *explicit. [30]