[39] *Mr. Glenn, district attorney, to Mr. Chacon, Spanish consul.
Sir: I have received your letter of the 31st ultimo, accompanied by a copy of a letter from Colonels Donde and Papamontes, to his excellency the Spanish minister, the originals purporting to bear date at New York the 28th ultimo. I have also to acknowledge the receipt of your two letters of yesterday, to all which I shall now proceed to reply. In fact, I was about preparing an answer to your first communication at the very moment your second was handed to me.
I find upon inspection of your last letter, that you have misconceived my power and authority, and in order to put you in possession of a correct idea in that particular I must beg leave to suggest that my powers are merely legal and not political. I have already the power, when I am officially informed in a legal manner of any violation of the laws of the United States, to institute a prosecution against the offenders and conduct the same to a final issue, and I hope I shall always be ready and willing to go thus far on all proper occasions.
[40] *If any armaments be fitting out within the district of Maryland for the purpose of cruising against the subjects of the King of Spain, it is a breach of oar laws, and the persons concerned therein are liable to punishment, but before I can take any legal steps in the affair [Page 462] the facts of the case must be supported by affidavit taken before some judge or justice of the peace, and when that is done I will, without delay, proceed to call upon the offenders to answer for a breach of our laws, if, therefore, you will be pleased to furnish me with the names of any witnesses who can make out the case which you have stated, I will at once have them summoned, if within the reach of the process of our judges or justices, and attend to taking their depositions; or if you have it in your power to bring within this district any persons who can testify on the cases referred to, I will be prepared to receive the statements on oath as the foundation for a judicial inquiry into the conduct of the offenders. I shall here take occasion to say that I cannot proceed in the cases you have mentioned, upon the mere suggestion of any person, unless *that suggestion be accompanied by an affidavit; at present, therefore, I am not in possession of any information authorizing me to commence prosecution against the persons named in your letter. [41]
Although I have, regularly, nothing to do with the political part of your letters, I cannot forbear to state that the government has on all occasions, manifested the most scrupulous regard to impartiality and good faith toward His Catholic Majesty, the King of Spain, and will, I am quite sure, continue to pursue a similar course of conduct. If any suggestions be made that our Government support, favor, or protect the fitting out of vessels to cruise against Spain, I venture to pronounce them destitute of the least shadow of foundation in truth. But you say they are made by a banditti of renegadoes. It therefore follows that you yourself cannot believe them to be true.
The case of Sereno, as far as it comes under my notice, is a mere question whether the captain *of the vessel has violated any of our revenue laws, and thereby subjected the brig and cargo to forfeiture to the United States. Of course I could not look for any instructions of the kind you mention. [42]
I have the honor to be, with considerations of the highest respect, sir, your most obedient servant,
- ELIAS GLENN.
- Don Paul Chacon,
His Catholic Majesty’s Consul at Baltimore.