[98] *Mr. Fish, Secretary of State, to Mr. Pierrepont, district attorney, and to Mr. Barlow, United States marshal.
Washington, July 13, 1869.
Sirs: I inclose a copy of a note of this date, addressed to me by Mr. Roberts, the Spanish minister. Also a commission from the President of the United States, empowering you, or either of you, to employ such part of the land or naval, forces of the United States, or of the militia thereof, for the purposes indicated in the eighth section of the act of April 20, 1818, (commonly known as the “neutrality act.”) You will confer together whenever practicable in the execution of the powers intrusted to you, and will act in concert so far as possible. But this direction is not to limit the power of either to act independently of the other or without consultation with the other, if the necessity or the circumstances of the occasion seem to him to require independent action and decision. Orders have been directed to the commandant of the navy-yard at Brooklyn to place at your disposal such of the naval forces of the United States as you may require, for the purpose of preventing the carrying on of the military expedition referred to in the note of Mr. Roberts, or any other expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any foreign power or state, or of any colony, district, or people with whom the United States are at peace, and more especially against the territories or dominions of Spain or against the island of Cuba. [99]
The President desires and directs that you capture all persons engaged in any and every such unlawful enterprise as above referred to; that the leaders and principal instigators be held to be dealt with according; to law.
Believing that many thoughtless and inconsiderate persons may have been misguided, deceived, and led into improper and unlawful engagements, under a sympathy for a people struggling for emancipation from oppressive rule, and for self-government, and more liberal institutions, without clue consideration of the unlawfulness of their conduct, and under the temptation of promises held out to them, he authorizes and directs the district attorney of the southern district of New York to release and discharge such of the privates or persons in inferior position or command in any such expedition or enterprise as he shall think may be discharged, with due reference had to the requirements of law and to the future enforcement of the laws and the maintenance of the peace and good order of the country, on such recognizance or security, or on such terms and conditions in each case, as to him shall seem expedient. But he directs that no person engaged in any such expedition or enterprise, who has been already taken in any recent similar unlawful expedition or enterprise, or who has been indicted *for any violation of the neutrality laws or other laws of the United States, or who has given bail to keep the peace, &c., shall be discharged under this discretionary power given to the district attorney. [100]
The district attorney is directed to make early investigation in order to the execution of this discretionary power, and for the purpose of bringing to punishment those who are leaders and principals in any such unlawful expedition or enterprise, or who shall be the second time arrested or have violated their engagement to maintain the peace.
If any expense is necessary to be incurred for supplying necessary sustenance to the persons who may be taken, you are authorized to incur [Page 809] the expense and to draw therefor upon this Department, certifying to the accuracy and propriety of the charges. Any other proper expenditure necessary for the prompt and efficient execution of the duty intrusted to you will also be allowed.
If you find that the naval forces thus placed at your disposal be not sufficient, or that any part of the land forces of the United States be necessary for the proper execution of the law, you will immediately advise me.
The President relies upon your discretion, as well as your energy, in discharge of the very important and exceedingly delicate duties thus confided to you.
[101] For the present you will consider the powers thus *given to you to be confined to the prevention of any expedition or enterprise originating or having its present scene or sphere of action within the State of New York, or that part of New Jersey near thereto, or within the States of Connecticut, Rhode Island, and Massachusetts. But yon are authorized to pursue and take any person or persons engaged in any such expedition or enterprise into and from any place within the United States or on the high seas.
This power will be limited in time by the necessity of the case, and by the continuance of any unlawful attempt against the authority of the laws of the country, or in violation of the neutral rights and obligations of the United States. The power conferred upon you is, therefore, revokable at the pleasure of the President of the United States.
You will report fully from time to time to this Department your action under the power thus committed to you.
The district attorney will also report to the Attorney-General all cases of persons held for trial or otherwise; also his action in the discharge of those privates or persons in inferior position and command whom he may discharge or release under the discretionary power extended to him.
By order of the President.
I am, sir, &c.,
Edwards Pierrepont, Esq.,
District Attorney, and
Francis C. Barlow, Esq., Marshal.