Office of the Historian

Mr. Wirt, Attorney-General, to the President.

[89]Office of the Attorney-General of the United States,
*September 10, 1818.

Sir: The cause of the Corony, Captain Saunders, seized at Savannah, on a charge of having been fitted out in a port of the United States to cruise against the King of Spain, with whom we are at peace, has been submitted by the Secretary of State for my opinion, and, in his absence, I take the liberty of communicating the opinion directly to you.

Captain Saunders applies for an order to discharge his vessel from further prosecution, on the ground that she is a legitimate armed vessel, lawfully sailing under the flag of the republic of Venezuela, and regularly commissioned by Admiral Brion. Although both the statement and the documents furnished by Captain Saunders are entirely ex parte, yet, from his own showing, I consider it a fair case for adjudication; for in his letter to the Secretary of State he admits that the Corony is the same vessel which, on the 1st day of April last, cleared out from the custom-house at Savannah, with the munitions of war then on board with which she was apprehended; and by reference to the manifest which he incloses in his letter in support, it is presumed, of this assertion, it will be found that she then cleared out under the name of the Felix, having on board three cases of muskets, two four-pound and two six-pound cannon with carriages, sixteen kegs of powder, and no other cargo except *sea-stores; and he admits that, thus armed, she took a commission to cruise against the subjects of the King of Spain, and did sail upon such cruise. At this time the act to prevent citizens of the United States from privateering against nations in amity with, or against the citizens of, the United States, and the act passed the 3d of March, 1817, “more effectually to preserve the neutral relations of the United States,” were both in force, the provisions of which are familiar to you; and I, therefore, think it unnecessary to say more than that, in my opinion, the case of the Corony is a fit case for adjudication, and by no means one which calls for the extraordinary interference of the Government. [90]

To enable you the more readily to test the accuracy of this opinion by the facts communicated by Captain Saunders, I inclose his letter to the Secretary of State, with the documents which that letter covered.

I have the honor to be, &c.,

WM. WIRT.

The President of the United States.

[Page 483]
[Inclosure.]

Captain Saunders to Mr. Adams, Secretary of State.

Savannah, July, 1818.

Sir: I pray you to lay before his Excellency the President of the United States the inclosed documents. I submit the case of the Corony to his consideration *under the belief that it is a proper subject for the interposition of the Government, and that his excellency, under the representations made, will be pleased to direct the United States officer to release the vessel from the present arrest and process. The Corony is regularly commissioned, and has done no act since that period that could upon any ground support a libel against her in an admiralty court of the United States, unless it is determined to doubt the authority to cruise under the flag and commission of Venezuela. This vessel has sailed in company with the United States vessel, the Hornet, and until the seizure under the vague and unsupported allegation of being fitted out and armed within the limits of the United States, her flag and commission have been respected wherever she has been. A reference to the custom-house of this district will show that she was permitted to sail from this port with the munitions then on board; that she had no guns mounted or was in a state or condition to commit hostilities. She received her armament and commission at Margaritta, and sailed in the full confidence (particularly as she brought dispatcties from Captain Reid to this Government) of not being molested in the United States. The Oorony is now in possession of the marshal, and with this expense is incurred the very serious one *of supporting the crew until some decision is obtained from the court or the Government. There is no acting district judge, and consequently I am compelled to wait for the judgment of the court, which may not be expected before December, the period assigned for the session of the circuit court. Unless, then, it is in the power of the President to afford me the relief solicited, the vessel and her armament will be abandoned, and redress sought for against the arresting officer. [91] [92]

I have the honor to be, &c.,

WM. SAUNDERS.

Hon. J. Q. Adams,
Secretary of State.

Inclosures: Manifest of schooner Felix, (copy;) protest and affidavits of W. S., (copy;) commission and instructions of W. S., (copy.)