[140] *Mr. Field, Acting Attorney-General, to Mr. Davis, Acting Secretary of State.

Sir: I send inclosed herewith a letter received this morning from the assistant United States attorney at Philadelphia, Pennsylvania, with its inclosures, all relating to the steamer Hornet. There are no facts known to this office except those contained in these papers, and the telegram from Marshal Barlow, a copy of which was sent you in my letter of the 16th instant. The remaining papers in this office simply report the seizure and detention of the steamer. John Fallen, esq., called upon me this morning in behalf of the owners, asking that the steamer be released, I think this should be done, unless there are other facts than those known to me, and shall feel obliged if you will communicate to me your wishes and opinion in this respect to-day, before 2 o’clock p.m. Will you please return the papers inclosed when you have done with them?

Very respectfully, &c.,

W. A FIELD.
Acting Attorney-General.

Hon. J. C. B. Davis,
Acting Secretary of State.

[Inclosure No 1.]

Mr. Valentine, assistant district attorney, to Mr. Field, Acting Attorney-General.

Sir: I have the honor to inclose herewith a copy of a letter from Marshal Gregory, in regard to the steamer Hornet, together with a copy of a report made to him in the case by John H. Young.

I have no personal knowledge of the facts in regard to this steamer. It is proper, however, that I should state that the marshal has acted with the utmost dispatch in the matter, and that I am well acquainted [Page 831] with Mr. John H. Young, whom he called to his assistance. Mr. Young was formerly a prize commissioner, having been appointed by his honor Judge Cadwalader. He was, for many years, master of a merchant vessel, and is peculiarly well qualified to make the examination for the marshal. The vessel at present is anchored at the navy-yard, under the guns of the revenue cutter. Her detention is attended with great expense. I therefore ask for early instructions as to her disposition. The inclosed papers, together with those inclosed in my letter of yesterday, contain all the facts which have come to my knowledge. Whether there is any irregularity as to the papers of the ves*sel I have not been informed, but-will request the collector of the port to communicate with you on the subject. [142]

Very respectfully, &c.,

JOHN K. VALENTINE,
Assistant United States Attorney.

Hon. W. A. Field, Acting Attorney-General.

[Inclosure No. 2.]

Mr. Gregory, marshal, to Mr Smith, district attorney.

Sir: In compliance with your request I herewith submit a report of the inspection of the steamer Hornet, detained by me for suspected violation of the neutrality laws of the United States. In order that the inspection might be a thorough one, I called to my assistance John H. Young, esq., a gentleman of much experience in such matters; and his report, herewith submitted, I accept as my own, and fully indorse.

I am, very respectfully, &c.,

E. M. GREGORY,
United States Marshal.

Hon. Aubrey H. Smith,
United States District Attorney.

[143] *[Inclosure No. 3.]

Mr. Young to Marshal Gregory.

Sir: As requested by you, the undersigned visited the steamer Hornet, now in your custody, to examine said vessel with a view to the ascertainment of anything illegal in her outfit and lading as connected with her supposed destination, Halifax, Nova Scotia, and Queenstown, Ireland. In conformity with the above request, I have thoroughly examined the above-mentioned vessel in every department, and respectfully submit: First, an examination of the papers showed that her destination was Halifax, Nova Scotia, and Queenstown, Ireland; the shipping articles had the names of thirty-five officers, seamen, firemen, and coal-passers, all in the regular form; the names of the chief engineer and his two assistants, however, were not on the articles; with this addition, the crew all told are thirty-eight men.

[Page 832]

[144] The Hornet is about nine hundred tons burden, built of iron, side-wheels, and evidently built with a view to great speed, and is in every respect well suited for any trade where dispatch and short distance are the requisites. She is pierced for *four guns, but the fittings are of original construction, and would involve considerable expense to take them away.

She has on board two hundred and fourteen tons of coal, (receipts produced,) all in the bunkers, except about fifteen tons in bags on deck for immediate use. The engineer states her consumption at about thirty-five tons a day, and from the appearance of the fire-surface, and size of the boilers, this is in conformity with my own judgment. On this basis it would give her coal capacity for about six days’ steaming. In addition to the coal there are about four cords of oak wood. The cabin, wardroom, steerage, and forecastle are fitted up in the usual manner for the accommodation of the officers and crew.

The stores are ample, but not excessive, (except in the articles of beans, of which there are twelve barrels; sugar seven barrels, and whisky twelve half-barrels) for a voyage to Halifax and Queenstown.

There are four bales of mattresses, (about forty-eight;) as the berths are fitted with those articles, the extra mattresses would seem to be superfluous.

[145] There are four good boats, all fitted with spars, (for sails,) with boat compasses, &c. Intimation having been given that the magazine contained arms and other articles of an illegal character, an examination *showed that no truth existed for such report, as they were found empty. All the store-rooms and lockers were strictly examined; the contents (stores) were such as are usually placed in those compartments.

It was further stated that the coal-bunkers contained guns and other munitions of war, but this I submit can be clearly disproved, for the reason that the bunkers are constructed with permanent iron bulkheads at each end, while the only openings are a small slide-door for the admission of coal into the fire-room, and the man-hole to each bunker on deck for putting the coal in; these openings being of small diameter, will not admit any guns but those of a small caliber. In conclusion, the examination induces me to say that, except her ability to carry coal sufficient for a voyage to Queenstown, there is no appearance of anything illegal on board the said steamship Hornet.

Respectfully submitted.

JOHN H. YOUNG.

E. M. Gregory, Esq.,
United States Marshal.