Mr. Barlow, United States marshal, to Mr. Hoar, Attorney-General.
New York, October 1, 1869.
Sir: I have the honor to acknowledge the receipt of your telegram of September 29, informing me that the Secretary of the Treasury has placed a cutter at my disposal when I call for it.
There are various rumors to the effect that the Hornet is outside; also, that supplies and some men had joined her at sundry times. If she is there, I have no doubt that these last rumors are well founded.
[161] *A large vessel being off the port, it is impossible to prevent schooners and small boats from conveying coal, guns, and a few men in their holds, and getting out. There are three ways of getting out—Hell Gate, the Narrows, and the Kills—and the thing when carried out in this small way cannot be stopped. The only way is to clear off the coast the vessels lying in wait.
It is also rumored that on Saturday night last a large number of men went out as an expedition. I have no reason to believe that this story is true; but there was nothing to prevent it.
On Saturday last all the revenue-cutters were withdrawn from under my orders and removed from their stations in the harbor without any information to me of the fact.
I only accidentally found it out, and the harbor has since that time been free from cutters and detectives to stop anything.
If the Hornet comes into our waters, and there takes on board coal, guns, ammunition, crew, or stores to assist in her fitting out as a privateer, I understand her action to be within the third section of the neutrality act, and illegal. And if I find that she has done or is doing these, I shall detain her, unless otherwise ordered by you.
[162] The district attorney agrees with me in this in*terpretation of the law.
[Page 840]On any other theory, a vessel might leave the English ports wholly innocent in her condition, and take on board all her armament and supplies in our harbor without violating our neutrality act.
I suppose the Euterpe will sail to day. I should not have made any question of her, and should have allowed her to sail quietly, (as long as she must sail,) had I not supposed she was laden with guns for the Hornet.
Paulding, Kemble & Co. had not notified me that the guns were going in her, and I at first suspected they were for the Cubans.
I have just sent the revenue-cutter Seward to look up the Hornet, with instructions that if she is found anywhere within three miles of our coast, that she shall be detained if she is or has been engaged in receiving from American ports arms, men, guns, stores, or supplies.
If she has received any part of her “furnishing or fitting out” in our waters, I think she is liable to seizure under section three of the neutrality act, even though you do not find her within our waters; but the district attorney thinks she had better not be touched, unless we find her within a marine league, and therefore I have so ordered.
Very respectfully,
United States Marshal.
Hon. E. R. Hoar,
Attorney-General, Washington.