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Mr. Boutwell, Secretary of the Treasury, to collector of customs, Phila

delphia.

TREASURY DEPARTMENT,

Washington, April 12, 1869. SIR: I am in receipt of your letter of the 8th instant, relative to the steamer Florida, alleged to be fitting out at Chester, Pennsylvania, for the service of the enemies of the government of Hayti, and stating that you had fully advised the commanding officer of the revenue-steamer Seward what course to pursue, and communicated with the assistant surveyor at Chester concerning the matter, a copy of whose letter you inclose.

In reply, the Department approves your action in the premises, and if the case demands it you will please take the bond provided for by the first section of act of 20th April, 1818, chapter 88, page 417, Statutes at Large, vol. iji. Very respectfully, yours, &c.,

GEO. S. BOUTWELL,

Secretary of the Treasury. COLLECTOR OF CUSTOMS,

Philadelphia.

[743] * Mr. Hoar, Attorney-General, to Mr. Smith, district attorney, Phila

delphia.

WASHINGTON, May 14, 1869. SIR: It has been orally reported to the Department of State, by the minister of Spain, that the steamer Atlanta at Philadelphia has been sold to the Cubans, and that the steamer Florida at Chester, Pennsylvania, is being fitted out under suspicious circumstances.” To this lastnamed vessel the diplomatic representative of Hayti has also called attention. You are referred to the copy 'of the letter to the United States marshal for the southern district of New York, sent you inclosed with my letter of the 12th instant, for general instructions in the premises.

Whenever complaint is made against any vessel on trustworthy eri. dence sufficient to establish before a court of justice probable canse to believe that such vessel is forfeitable for a violation of the neutrality laws, you are instructed to file a libel and arrest the vessel. Very respectfully,

E. R. HOAR,

Attorney-General. AUBREY H. SMITH, Esq.,

United States Attorney, Philadelphia,

Mr. Fish Secretary of State, to Mr. Hoar, Attorney-General. [744]

*DEPARTMENT OF STATE,

Washington, May 15, 1869. Sir: I have the honor to inclose a copy of a translation of a note of the — instant, addressed to this Department by Mr. Evariste La Roche,

For copy of this letter see post p. 729.

chargé d'affaires of Hayti, setting forth the reasons he still entertains for the opinion that the steamer Florida at Chester, Pennsylvania, has heen prepared and is about to start for the purpose of engaging in hostilities against his government. The expediency of requiring the security which Mr. La Roche indicates against a violation of the law of the United States in this case is submitted to your early consideration. I have the honor to be, sir, yours, &c.,

HAMILTON FISH. Hon. E. ROCKWOOD HOAR,

Attorney-General.

Mr. Hoar, Attorney-General, to Mr. Smith, district attorney.

[Telegram.]

WASHINGTON, May 18, 1869. AUBREY H. SMITH, Esq., United States Attorney, Philadelphia :

Look out for the Florida. On proof of probable cause, libel and arrest her.

E. R. HOAR.
Attorney-General.

of a

Mr. Hoar, Attorney-General, to Mr. Andrews, United States marshal.

WASHINGTON, May 18, 1869. [745] *SIR: I inclose for your information a portion of the translation

te, sent by Mr. Evariste La Roche, chargé d'affaires of Hayti, to the Secretary of State, and by the Secretary of State to this office. I send inclosed, also, a copy of a letter dated May 10, sent by this office to the marshal of the United States for the southern district of New York, which you will consider as general instructions in cases of any violation of the neutrality laws within your district. You are expected to receive any information that may be given you by the representatives of foreign governments, as well as by other persons, but you are not expected to engage in general correspondence with foreign representatives upon the subject of the neutrality laws, although it is deemed entirely proper that you should acknowledge the receipt of any communication that they may send you, and should answer any direct inquiry as to whether any specified person or vessel bas been arrested and proceedings instituted for punishment or forfeiture. Very respectfully, yours, &c.,

E. R. HOAR,

Attorney-General. GEORGE S. ANDREWS, Esq.,

United States Marshal, Boston, Massachusetts.

[Inclosure.] Mr. Hoar, Attorney-General, to Mr. Barlou, United States marshal.

WASHINGTON, May 10, 1869. [746] *SIR: Your letter of the 6th instant and your letter of the 8th

instant, both addressed to the Secretary of State, relating to the neutrality laws of the United States, and your duties as marshal in reference thereto, have been sent to this office.

cess.

The first seven sections of chap. 88 of the acts of Congress of 1815, (3 Statutes at Large, 447,) provide for the punishment of persons and the forfeiture of property, which are of course to be effected by the judgment of a court, in a suit commenced by indictment or libel of information.

Such suits will, in proper cases, be instituted by the district attorner, and you, as marshal, will arrest the person or property, pursuant to the warrant addressed to you from the court. Sections 8 and 9 of this act empower the President, or such other person as he shall have empow. ered for that purpose, to employ the land or naval forces, or the militia, for certain purposes named in these sections. Sections 11 and 12 impose in the cases named therein on owners or consignees of vessels certain duties, and give an authority to collectors of customs to detain ressels or to take a bond. Whether suits, either criminal or for forfeiture, are to be instituted,

must, so far as the local officers are concerned, be determined by [747] the district *attorney, upon such evidence as may be known to

him; and you have the well-known right of marshals to call upon the posse comitatus to aid you if you are obstructed in the service of pro

So far as sections 8 and 9 confer a larger power than this upon the person empowered by the President, pursuant to these sections such persons must be specially empowered for that purpose; and you do not have this power by virtue of your office as marshal.

It is plain that to efficiently prevent any violations of this act, or to surely punish them if committed, the cordial and active co-operation of the district attorney, marshal, and collector of the port is requisite. Any information that you may obtain in any manner which you deem worthy of any notice should be immediately communicated by you to the district attorney, and also, if relating to a vessel, to the collector of the port. It is not deemed best at present to authorize or require you to employ detectives for the special purpose of discovering violations of the provisions of this act, but you and your deputies are expected to receive all information that may be offered, and to be attentive to all

matters of suspicion that come within your knowledge, and in cases [748] where your action is required, to be vigilant, * prompt, aud efti

cient. I will thank you to communicate to me from time to time any information that you deem trustworthy and important.

The local officers are in no event to wait for instructions before acting in cases where they are convinced that a violation of this act has been committed, and where delay may prevent its punishment, but are to act at once upon their best judgment, and immediately to report such action to this oflice. Communications from you, unless called for by other Departments, or unless the subject matter pertains particularly to such Department, should be made to this office. Very respectfully,

E. R. HOAR,

Attorney-General. FRANCIS C. BARLOW, Esq.

[749] *Mr. Hoar, Attorney-General, to Mr. Fish, Secretary of State.

ATTORNEY-GENERAL'S OFFICE,

Washington, May 18, 1869. SIR: I have the honor to acknowledge the receipt of your letter of the 15th instant, inclosing a copy of a translation of a note of the 12th

instant, addressed to the Department of State by Mr. Evariste La Roche, chargé d'affaires of Hayti, all relating to the steamer Florida at Chester, Pennsylvania. A copy of the translation of the note has been by me sent to the Secretary of the Treasury, that he may issue any instructions to the collector of the customs for the revenue district within which Chester is situated that he deems best. Instructions relating to this steamer have already been sent by this office to the marshal and attorney of the United States for the eastern district of Pennsylvania.

The United States attorneys and marshals are instructed to receive any information that may be offered tending to show that any violation of the neutrality laws has been committed or attempted, as well as to be attentive themselves to any matters of suspicion that may come within their knowledge, and whenever complaint is made against any vessel on trustworthy evidence sufficient to establish before a court of justice, probable cause to believe that such vessel is forfeitable for a violation of the neutrality laws, they are instructed to file a libel and detain the vessel. The propriety of your informing Mr. La Roche that he may communicate any facts within his knowledge relating to a violation of the neutrailty laws directly to a United States attorney, is submitted

for your consideration. [750] *Very respectfully, your obedient servant,

E. R. HOAR,

Attorney-General. Hon. HAMILTON FISH,

Secretary of State.

Mr. Hoar, Attorney-General, to Mr. Fish, Secretary of State.

ATTORNEY-GENERAL'S OFFICE,

Washington, May 18, 1869. SIR: I have the honor to acknowledge the receipt of your letter of this date, inclosing a copy of a note of the 15th instant, addressed to your Department by Mr. Evariste La Roche, relative to the recent departure from Boston of an armed vessel ostensibly for Jamaica, but really, as Mr. La Roche charges, for St. Mare, in Hayti.

Instructions appropriate to the case have this day been sent to the United States attorney and marshal for the district of Massachusetts. Very respectfully, your obedient servant,

E. R. HOAR,

Attorney-General. Hon. HAMILTON Fish,

Secretary of State.

Mr. Fish, Secretary of State, to Mr. Murray.

DEPARTMENT OF STATE,

Washington, July 29, 1869. [751] *SIR: I have received your letter of the 28th July, asking me to

agree, on the part of this Department, to the delivery by you of an armed vessel to the Haytian Republic in the harbor of Port au Prince, without molestation on the voyage.

In reply, I have to say that there does not appear, in the case that you present, to be any propriety in an interference in this matter by this Department, the Haytian nation being at peace with the United States, and with all the world so far as we have any official authentie information. If a state of civil strife prevails there, it is one of which this Government has taken no cognizance. I am, sir, your obedient servant,

HAMILTON FISH. R. MURRAY, Esq.,

132 Front street, New York.

Mr. Fish, Secretary of State, to Mr. Roberts, Spanish minister.

DEPARTMENT OF STATE,

Washington, October 7, 1869. SIR: The Department has information that the iron-clad Atlanta, a vessel captured during the late rebellion, and sold by the Government in May last, is now fitting out at the port of New York, as it is understood, for a voyage to Port au Prince, in Fayti, for delivery to the Haytian government, with which, it is represented, au executory contract for the sale of the vessel has been made. The Atlanta is to be armed and to carry as passengers one admiral and other officers of the Haytian navy. This information is given by a citizen of the United States claiming to be the present owner of the vessel, with a view to obtain the sanction of this Government to its voyage. It is communicated to you to enable you to institute such inquiries and take such action as you may deem necessary.

I avail myself of this occasion, sir, to offer to you assurances of my high consideration.

HAMILTON FISH. Señor Don M. LOPEZ ROBERTS, &c., &c., &c.

[753 *CORRESPONDENCE RELATIVE TO THE SPANISH GUN

BOATS AT NEW YORK.

Vice-Admiral Porter, for Secretary of Navy, to Mfr. Fish, Secretary of State.

NAVY DEPARTMENT,

Washington, May 15, 1869. Sir: As the inclosed information may be of use to you, I beg leare to send it. Very respectfully,

DAVID D. PORTER,

Vice-Admiral, for Secretary of the Nary. Hon. HAMILTON FISH,

Secretary of State.

[Inclosure.) The Spanish government have contracted for thirty light-draught boats, about one hundred and sixty tons each, with double screws, and not to draw over tive fret water. Of these, fifteen to be built in New York, by Poillon, Stack, and others; tifteen to

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