Office of the Historian

Mr. Field, Acting Attorney-General, to Mr. Carll, United States marshal, and to district attorneys.

Washington, July 3, 1869.

[90] Sir: I have received your telegram of yesterday, relating to the schooners Fanny and Winona, their cargoes, and the men found on board. I have sent a telegram to the district attorney of Connecticut, instructing him in respect to the schoon*ers and their cargoes. In regard to the men, you must report the facts to him. If they have committed any crime, it has probably been committed in the southern district of New York; and they must be tried in the district where the crime was committed. But they can be arrested and held to answer in any district where they may be found. It is important that you ascertain whether any of these men were leaders in the movement, or have heretofore been arrested on a charge of violating the neutrality laws. If they are merely the crews of the steamers, they need not be arrested on criminal process, but the district attorney should be consulted in regard to legally detaining them in such a manner as may be necessary to secure their attendance as witnesses in the trial of any proceedings that may be instituted against the schooners or their cargoes. If they are men enlisted in the expedition, but who took no active part in setting it on foot or organizing it, they should be arrested on criminal process, but may, unless the district attorney of New York thinks otherwise, be released from arrest, on their own recognizance, to appear and answer to any indictment that may be found against them, and on their own recognizances for future good behavior. So many as were leaders in the expedition are to be arrested on criminal process, and either committed or held to bail with sureties to *answer to any indictment that may be found against them, and not hereafter to violate the neutrality laws. [91]

The district attorney of Connecticut should communicate with, the district attorney of New York, that they may act in concert; and you are requested to ascertain the names of the persons, their residences, occupations, and connection with the expedition, and send a statement of these facts to both these district attorneys.

Very respectfully,

W. A. FIELD,
Acting Attorney-General.

Peter R. Carll, Esq.,
United States marshal, New Haven, Connecticut.

[Copies of above were sent, same date, to district attorney for Connecticut and district attorney for southern district of New York.]