Mr. Glenn, district attorney, to Mr. Monroe, Secretary of State.
[53] Sir: I had the honor to receive your *letter of the 15th instant, accompanied by the copies of three letters from the Chevalier de [Page 467] Onis to your Department, severally dated on the 10th, 11th, and 12th of February, at the very moment I was leaving home for this place, to all which I now beg leave to reply.
In answer to the matters stated in the first extract of a letter from his excellency de Onis, I state that I have no knowledge of the brig Paz having been bought for the purpose of cruising against the commerce of Spain. If I shall be able to acquire such information, immediate steps shall be taken to put a stop to any further proceeding on the part of the owner or agents of that vessel in their contemplated views.
I had no personal knowledge of the illegal proceedings in the case of the brig Fourth of July, nor was any information communicated to me upon that subject; consequently, I could take no notice of the case officially, and I was in a similar predicament with respect to the Romp.
In answer to the suggestions contained in the second letter from his excellency, I beg leave to say that, upon the receipt of a former letter from you, I was induced to make very considerable exertions to ascertain whether there was any reasonable ground to believe that the schooner Man gore could in any way be made liable to a prosecution; and, without obtaining any very clear information on the subject, I filed an *ex-officio information against her. The agents of the owners thereupon came forward before the district judge and filed a claim for the vessel, and denied in writing that she was intended to be used in any manner in violation of the laws of the United States. The judge decided he would not, upon my mere suggestion in the libel in that preliminary stage of the cause, detain her, if the parties claiming her would enter into a stipulation to answer to the Government for the amount of her appraised value in case she should hereafter be condemned. This stipulation being entered into, she was, accordingly, delivered up to the claimants. The cause will, however, proceed to a final hearing, when I hope to have her condemned. So anxious have I shown myself on this occasion to punish the offenders, that I drew up a statement in writing, containing all the information possessed by the collector of the port of Baltimore upon the subject, and obtained his oath to the same; upon which statement a warrant of arrest issued against Captain Barnes, the first officer of the schooner Mangore. The process was, without delay, placed in the hands of the marshal, with positive instructions to have the man arrested. This is all I can do in this affair, and I will add that my conduct in this and all other cases of a similar nature has met the entire approbation of Mr. Chacon, the Spanish consul, who is a most vigilant, active, and intelligent officer. Without some fresh charges against the Mangore, I cannot consider myself bound to institute ne proceedings against her. If Captain Barnes is in possession of property illegally taken from Spanish subjects the fact is unknown to me. In answer to the third letter from the Spanish minister, I state that, upon information given me by the Spanish consul, I took with me to a judicial officer the men who were willing to give evidence against Captain Chase and his lieutenants, and warrants of arrest were by that officer forthwith issued against these officers, which warrants were placed in the hands of the marshal, the proper executive officer in such cases. I have not yet been informed whether the marshal has arrested any of the persons named. In all these proceedings the Spanish consul will do me the justice to say I have used my most zealous exertions to do his government every possible service within the scope of my power and authority. [54] [55]
I have thus endeavored to give you an outline of the proceedings in the cases to which your letter refers, and you may rest well assured, as [Page 468] far as my official interposition or co-operation can be properly used, it shall at all times be most cheerfully afforded.
You are well aware I cannot proceed to arrest persons or property under the laws of our country for a breach of those laws, upon a mere suggestion alone, but whenever a suggestion shall be accompanied by anything like proof, I will take great pleasure in *prosecuting the offenders to punishment, and their property to condemnation in all proper cases. [56]
I have the honor to be, with very sincere respect, your most obedient servant,
Hon. James Monroe.