[Note: The printed version shows a different pagination with numbers to the left of the page, and asterisks where the numbers belong; I have replaced the asterisks with the numbers, since I have not tried to match the original line breaks.]
[page 824]
[127] Mr. Hoar, Attorney-General, to Mr. Fish, Secretary of State.
ATTORNEY GENERAL'S OFFICE,
Washington, November 15, 1869.
SIR: I have the honor to transmit herewith (with request for its return after perusal) a letter from the United States district attorny at Philadelphia, inclosing a report of the United States marshal there, relating to the steamer General Dulce.
Very respectfully, yours, &c.,
E. R. HOAR, Attorny General.Hon. HAMILTON FISH,
Secretary of State.
[Inclosure No. 1.]
Mr. Smith, United States attorny, to Mr. Hoar, Attorney-General.
OFFICE OF THE UNITED STATES ATTORNEY,
EASTERN DISTRICT OF PENNSYLVANIA,
Philadelphia, November 13, 1869.
SIR: The marshal of the district, in accordance with instructions to him, contained in a letter from the Assistant Attorney-General, bearing date the 5th of November, 1869, visited and examined the steamer General Dulce, now lying in this port. He took with him Captain John H. Young, who is an old and experienced ship-master, well acquainted with such matters, and received from him a statement in writing, relating to [128] the character and condition of the vessel, a copy of which he has lodged with me. I have the honor to inclose you a copy of this, and of a memorandum annexed, signed by the marshal, showing his concurrence with it.
Very respectfully, yours, &c.,
AUBREY H. SMITH, United States Attorney.Hon. E. R. HOAR,
Attorney-General.
[page 825]
[Inclosure No. 2.]
Mr. Young to Mr. Gregory, United States marshal.
PHILADELPHIA, November 10, 1869.
SIR: The undersigned, at your request, visited the steamer General Dulce, now about ready for sea, and, after a careful examination, respectfully reports the said steamer is in good order, of small capacity and power, say about 150 horse-power, with large deck accomodations for passengers. The coal-bunkers are full of coal, and contain 87 tons, with the intention of putting 59 tons more in the fore hold, for the purpose of bringing her in trim; as her coal consumption does not exceed 10 tons per day, it will be observed that the above quantity will give her about thirteen days' steaming.
The quantities of stores on board are, perhaps, not more than sufficient for twenty days' consumption [129] for her ordinary crew. In fact, the outfit (excepting coal) is under rather than over the usual necessities for such a vessel.
Being entirely unsuited for anything else than passengers and a very small amount of cargo, I respectfully submit that there is nothing whatever of a suspicious character either in the vessel or her outfit.
Respectfully,
JOHN H. YOUNGE. M. GREGORY,
United States Marshal,
UNITED STATES MARSHAL'S OFFICE,
EASTERN DISTRICT OF PENNSYLVANIA,
Philadelphia, November 11, 1869.
I fully unite and agree with Captain Young in the foregoing report, having accompanied him in the examination of the ship.
E. M. GREGORY,United States Marshal.
[page 828]
Mr. Valentine, assistant district attorney, to Mr. Field, Acting Attorney-General.
OFFICE OF UNITED STATES ATTORNEY,
EASTERN DISTRICT OF PENNSYLVANIA,
[137] Philadelphia, August 16, 1869.
SIR: I have the honor to state that, immediately on the reception of your telegram of the 14th instant, I requested United States Marshal Gregory to prevent the sailing of the steamer Hornet until an examination could be made, as directed by yourself.
[page 829]These instructions were given to the marshal on yesterday evening about 5 o'clock. He immediately took steps to see that the vessel did not escape.
Yesterday, Sunday morning, about 10 o'clock, the revenue cutter, Captain James commanding, brought the Hornet to, when she was about forty-seven miles below the city.
I inclose herewith a copy of his letter, giving a statement of his action in the case.
I have requested the marshal to have a thorough examination made of the vessel and cargo. This he will have done immediately.
I also inclose a copy of a letter from him, giving a report of his action thus far.
Very respectfully, yours, &c.,
JOHN K. VALENTINEAssistant United States Attorney.
Hon. W. A. FIELD,
Acting Attorney-General.
[138] [Inclosure No. 1.]
Mr. Gregory, United States marshal, to Mr. Valentine, district attorney.
UNITED STATES MARSHAL'S OFFICE,
EASTERN DISTRICT OF PENNSYLVANIA,
Philadelphia, August 16, 1869.
SIR: In accordance with your letter of Saturday, the 14th instant, requesting that I should detain the steamer Hornet, I have the honor to make the following report. On Saturday, from information obtained, I found that the said steamer had made arrangements to sail during the night or Sunday morning. I at once employed a tug, and proceeded down the river, with a view to intercept the revenue cutter Miami, Captain Jones commanding. I succeeded in communicating with him about 6.30 a.m., below Reedy Island. After giving such instructions as were necessary, I returned to the city, meeting the Hornet on the way down. Captain Jones has since informed me that he arrested her about 10 o'clock Sunday morning, and brought her to this port. I am now making a thorough examination, and will forward full report as soon as concluded.
Very respectfully &c., E. M. GREGORY,United States Marshal, Eastern District of Pennsylvania.
Hon. JOHN K. VALENTINE,
Assistant United States Attorney.
[139] [Inclosure 2.]
Captain Jones to Mr. Valentine, assistant district attorney.
REVENUE CUTTER MIAMI, August 16, 1869.
SIR: In reply to your letter of this date in regard to the steamer Hornet, I have to state that yesterday, Sunday, morning, at about 6.30 a.m., United States marshal Gregory visited my vessel; I was then at anchor between Reedy Island and Liston's tree.. The marshal requested [page 830] me to prevent the steamer Hornet from going to sea. At about 10.10 a.m., I discovered this vessel coming down the river under a full head of steam. I cleared away the starboard battery, fired blank cartridge, and shotted the gun, prepared to fire unless she came to anchor. She immediately rounded to. I then sent an officer on board and directed him to take charge of the vessel. In order that there might be an examination by the proper officers of the Government, I have brought her to this city, where she now lies anchored at the navy-yard under the guns of my ship.
Very respectfully,
JOHN M. JONES,Captain United States Revenue Steamer Miami.
JOHN R. VALENTINE, Esq.,
Assistant United States Attorney.
[140] Mr. Field, Acting Attorney-General, to Mr. Davis, Acting Secretary of State.
ATTORNEY-GENERAL'S OFFICE,
Washington, August 18, 1869.
SIR: I send inclosed herewith a letter received this morning from the assistant United States attorney at Philadelphia, Pennsylvania, with its inclosures, all relating to the steamer Hornet. There are no facts known to this office except those contained in these papers, and the telegram from Marshal Barlow, a copy of which was sent you in my letter of the 16th instant. The remaining papers in this office simply report the seizure and detention of the steamer. John Fallen, esq., called upon me this morning in behalf of the owners, asking that the steamer be released. I think this should be done, unless there are other facts than those known to me, and shall feel obliged if you will communicate to me your wishes and opinion in this request to-day, before 2 o'clock p.m. Will you please return the papers inclosed when you have done with them?
Very respectfully, &c.,
W. A. FIELD,Acting Attorney-General.
Hon. J. C. B. DAVIS,
Acting Secretary of State.
[Inclosure No. 1]
Mr. Valentine, assistant district attorney, to Mr. Field, Acting Attorney-General.
OFFICE OF UNITED STATES ATTORNEY,
[141] EASTERN DISTRICT OF PENNSYLVANIA,
Philadelphia, August 17, 1869.
SIR: I have the honor to inclose herewith a copy of a letter from Marshal Gregory, in regard to the steamer Hornet, together with a copy of a report to him in the case by John H. Young.
I have no personal knowledge of the facts in regard to this steamer. It is proper, however, that I should state that the marshal has acted with the utmost dispatch in the matter, and that I am well acquainted [page 831] with Mr. John H. Young, whom he called to his assistance. Mr. Young was formerly a prize commissioner, having been appointed by his honor Judge Cadwalader. He was, for many years, master of a merchant vessel, and is peculiarly well qualified to make the examination for the marshal. The vessel at present is anchored at the navy-yard, under the guns of the revenue cutter. Her detention is attended with great expense. I therefore ask for early instructions as to her disposition. The inclosed papers, together with those inclosed in me letter of yesterday, contain all the facts which have come to my knowledge. Whether there is any irregularity as to the papers of the ves[142]sel I have not been informed, but will request the collector of the ports to communicate with you on the subject.
Very respectfully, &c.,
JOHN K. VALENTINEAssistant United States Attorney.
Hon. W. A. FIELD, Acting Attorney-General.
[Inclosure No. 2.]
Mr. Gregory, marshal, to Mr Smith, district attorney.
UNITED STATES MARSHAL'S OFFICE,
EASTERN DISTRICT OF PENNSYLVANIA,
Philadelphia, August 17, 1869.
SIR: In compliance with your request I herewith submit a report of the inspection of the steamer Hornet, detained by me for suspected violation of the neutrality laws of the United States. In order that the inspection might be a thorough one, I called to my assistance John H. Young, esq., a gentleman of much experience in such matters; and his report, herewith submitted, I accept as my own, and fully indorse.
I am, very respectfully, &c.,
E. M. GREGORY,United States Marshal.
Hon. AUBREY H. SMITH,
United States District Attorney.
[143] [Inclosure No. 3.]
Mr. Young to Marshal Gregory.
PHILADELPHIA, August 16, 1869.
SIR: As requested by you, the undersigned visited the steamer Hornet, now in your custody, to examine said vessel with a view to the ascertainment of anything illegal in her outfit and lading as connected with her supposed destination, Halifax, Nova Scotia, and Queenstown, Ireland. In conformity with the above request, I have thoroughly examined the above mentioned vessel in every department, and respectfully submit: First, an examination of the papers showed that her destination was Halifax, Nova Scotia, and Queenstown, Ireland; the shipping articles had the names of thirty-five officers, seamen, firemen, and coal-passers, all in the regular form; the names of the chief engineer and his two assistants, however, were not on the articles; with this addition, the crew all told are thirty-eight men.
[page 832]The Hornet is about nine hundred tons burden, built of iron, sidewheels, and evidently built with a view to great speed, and is in every respect well suited for any trade where dispatch and short distance are the requisites. She is pierced for [144] four guns, but the fittings are of original construction, and would involve considerable expense to take them away.
She has on board two hundred and fourteen tons of coal, (receipts produced,) all in the bunkers, except about fifteen tons in bags on deck for immediate use. The engineer states her consumption at about thirty-five tons a day, and from the appearance of the fire-surface, and size of the boilers, this is in conformity with my own judgment. On this basis it would give her coal capacity for about six days' steaming. In addition to the coal there are about four cords of oak wood. The cabin, wardroom, steerage, and forecastle are fitted up in the usual manner for the accommodation of the officers and crew.
The stores are ample, but not excessive, (except in the articles of beans, of which there are twelve barrels; sugar seven barrels, and whisky twelve half-barrels) for a voyage to Halifax and Queenstown.
There are four trales of mattresses, (about forty-eight;) as the berths are fitted with those articles, the extra mattresses would seem to be superfluous.
There are four good boats, all fitted with spars, (for sails,) with boat compasses, &c. Intimation having been given that the magazine contained arms and other articles of an illegal character, an examination [145] showed that no truth existed for such report, as they were found empty. All the store-rooms and lockers were strictly examined; the contents (stores) were such as are usually placed in those compartments.
It was further stated that the coal-bunkers contained guns and other munitions of war, but this I submit can be clearly disproved, for the reason that the bunkers are constructed with permanent iron bulkheads at each end, while the only openings are a small slide-door for the admission of coal into the fire-room, and the man-hole to each bunker on deck for putting the coal in; these openings being of small diameter, will not admit any guns but those of a small caliber. In conclusion, the examination induces me to say that, except her ability to carry coal sufficient for a voyage to Queenstown, there is no appearance of anything illegal on board the said steamship Hornet.
JOHN H. YOUNG.E. M. GREGORY, Esq.,
United States Marshal.
[I did not transcribe the rest of page 832 or page 833]
[page 834]
[148] [Inclosure No. 1.]
Mr. Davis to Mr. Barlow, United States marshal.
NEW YORK, August 19, 1869.
FRANCIS C. BARLOW, United States Marshal, New York City:
DEAR SIR: In regard to the seizure of the steamer Hornet at Philadelphia by the United States authorities, on the a.m. of Sunday, August 18, you called upon me asking what information I have regarding her being fitted out for a Cuban privateer.
On July 31, I reported to you, that the Hornet was lying at the yard of Neafie [?] & Levy, in Kensington, Philadelphia, with a large number of men on board, who were preparing her for active service. She was formerly an English blockade-runner, and during the war was captured by the United States. I also told you on the same date that we had information that a Cpatin Esling, of Philadelphia, had been talking to a Delaware Bay pilot in regard to taking a steamship out of the port of Philadelphia, and the pilot had agreed to place her outside of the bar for the sum of $500. The steamer that Captain Esling referred to, we afterward learned from the same authority, was the Hornet. On August 4, I reported [149] to you that we were still keeping watch of the vessel which was fitting out; that great reticence was observed as to her destination, some of the parties saying that she was intended for the California mail service, others that she was intended for the West Indies, and others that she was going to Cuba.
On August 11, we learned that one of the American officers who had been, and is now, connected with the Cuban Junta, had said that he had some information worth to the Junta several thousand dollars, and if they did not treat him justly, he would divulge the secret. General Ignacio Alfaro, who has been arrested for a breach of the neutrality laws, and who is one of the Cuban Junta in this city, heard of the threats which this officer was making, and an angry altercation ensued between them regarding it.
On August 14, it was reported around the docks at which the Hornet was lying that she would clear for Halifax, and then go to Cuba. A large quantity of hard bread and canned fruits were put on board. The men at work on her would not hold any conversation with strangers. Information was also obtained that the crew had been paid $70 [150] each. Some articles were put on board which were supposed to be grappling-hooks, but ehy afterward proved to be boat-hooks.
In the p.m. of this date the Hornet was preparing to get away. This p.m. in New York the American officer connected with the Junta, who had said on the 11th that he had valuable information, valuable to the Junta, said that Americans who were connected with the Junta had fitted out a privateer for the Cuban cause, and that she was to sail tonight or tomorrow from Philadelphia.
Early this a.m. of the 15th, in Philadelphia, we had ihnformation that the Hornet's gangway had been enlarged and gang-planks put on board; that her engineers and crew were to number forty-two men, and that the armament woulid be received at sea. Upon August 15, 3 a.m. of this date, men were going on board. One who went on board in a yawl shouted as he was going on, "Hurrah for Cuba." About 5.30 a.m. she left Philadelphia, steaming down the bay. In the hurry of leaving, a steam-launch, 28 feet long, was left at the wharf of Neafie & Levy, but the machinery for the launch was on board the Hornet. At least twenty-five men who were shipped for the crew did not go on board, they having [151] been on shore drunk.
[page 835]A prominent American officer connected with the Junta in this city, says that the Hornet did not intend to carry out an expedition of filibusters, but that she was inteded to act as a privateer, and on account of her seizure the Junta, although not directly connected with her, will transfer their field of labor to those of open ports. That the Hornet was a private enterprise, and carried a letter of marque from Cespedes, which letter was obtained through the Cuban Junta. That her seizure has disarranged the plans of the Junta, and will retard the departure of an expedition now in progress of completion. Another prominent American officer of the Junta said yesterday that a telegram had been received by the Junta from Philadelphia, the purport of which was that any amount of security would be given for the Hornet, and members of the Junta confidently expected that she would be released to-day.
The Junta, and parties connected with them in their filibustering, are very rational, and keep their plans so much [152] to themselves that it is very hard work to get a thorough knowledge of what they are doing. It is a moral certainty that this vessel was inteded for a privateer, but it will be very difficult to get enough legal testimony to hold her. I have information from Philadelphia that General Gregory, the United States marshal at that place, has made to the State Department at Washington a full report of the seizure, and what was found on board, and I am now expecting from our superintendent in Philadelphia a report giving the names of all the parties on board, and whether they can be identified as having been connected with any filibustering expeditions in the past. Although when seized she had only five men on board, yet there were provisions enough for five hundred for a voyage of two or three weeks. As soon as I receive further information, I will speedily convey it to you.
Yours, truly,
H. W. DAVIS,Superintendent.
[153] Mr. Harlow, deputy United States marshal, to Mr. Fish, Secretary of State.
UNITED STATES MARSHAL'S OFFICE,
SOUTHERN DISTRICT OF NEW YORK,
New York, August 19, 1869.
SIR: I have the honor to forward the following additional information relative to the Hornet, gathered by my detectives. I have telegraphed you that McNulty and DuBose, who are said to be on board the Hornet, were arrested here for a violation of the neutrality laws, and were discharged on their own recognizance.
Very respectfully,
S. R. HARLOW, Deputy Marshal.Hon. HAMILTON FISH,
Secretary of State.
[Inclosure No. 1.]
Mr. Davies to Mr. Barlow, United States marshal.
NEW YORK, August 19, 1869.
DEAR SIR: Since my first report of this date, I have received information from Philadelphia that Doctors McNulty and DuBose, who were [page 836] arrested in this city for a breach of the neutrality laws, and released on their own recognizance [154] to keep the peace of the United States, were found on board the steamer Hornet, in Philadelphia, under the assumed names of Brooks and Perkins, having been taken on board at Chester, Pennsylvania, after the ship had left Philadelphia.
There is no mistake about these men, because I have had them identified by a party who knows them well. A prominent officer of the Junta said yesterday that they were found on board, consequently I dispatched a party from here to identify them. Captain B. A. Rand, who was on board, says he is the owner of the Hornet. A dispatch was sent by Marshal Gregory from Portland to find out if the captain was responsible. The answer received from there is that he is not responsible for one dollar.
It is also ascertained that there was no bill of sale for the vessel filed at the custom-house with the Hornet papers, consequently the papers were withdrawn. After the Hornet was captured by the Government she was used for some time as a yacht for the late President Lincoln. As I informed you in my previous report, Captain Esling offered a Delaware Bay pilot $500 to take her outside the bar, leaving an impression on the pilot's mind that she was on some illegitimate business. Captain Esling was found on board in command. He is an old Philadelphia sea-captain. The pilot's name is Maull.
Yours, respectfully,
H. W. DAVIES,Superintendent.
FRANCIS C. BARLOW, Esq.,
United States Marshal, New York.
[115] Mr. Barlow, United States marshal, to Mr. Hoar, Attorney-General.
LENOX, MASSACHUSETTS, August 19, 1869.
SIR: I have the honor to acknolwedge the receipt of your telegram of yesterday, inquiring for information touching the Hornet.
I had already received a telegram from the Secretary of State asking for the same information, and had directed it to be telegraphed from New York, and, therefore, as I telegraphed you, I did not suppose you would require the information to be sent to you.
On Friday last, I telegraphed the Philadelphia marshal that the Hornet was suspected, leaving it of course to him to investigate and detain if he saw fit.
I still think that the vessel is bent upon mischief, though possibly there may not be sufficient evidence to warrant her condemnation.
However, all the facts we have are by this time before you for your decision. In regard to stopping vessels by the executive officeres until the cases can be investigated by the law-officers, I have always acted on the principle that it was best to be on the safe side, and that it was better that a vessel here and there should be detained for a day or two, than that anything should escape.
Very respectfully,
FRANCIS C. BARLOW, United States Marshal.Hon. E. R. HOAR,
Attorney-General.
[page 837]
[156] Mr. Field, Acting Attorney-General, to Mr. Davis, Acting Secretary of State.
WASHINGTON, August 19, 1869.
SIR: I have the honor to transmit herewith a letter from the assistant United States attorney at Phildelphia [sic], with an inclosure, relating to the case of the steamer Hornet, which you are requested to return when you have done with it.
Very respectfully, &c.,
W. A. FIELD,Acting Attorney-General.
Hon. J. C. B. DAVIS,
Acting Secretary of State.
[Inclosure No. 1.]
Mr. Valentine, assistant district attorney, to Mr. Field, Acting Attorney-General.
OFFICE OF UNITED STATES ATTORNEY,
EASTERN DISTRICT OF PENNSYLVANIA,
Philadelphia, August20, 1869.
SIR: I have the honor to inclose herewith a copy of a telegram received by Marshal Gregory.
He states that DuBase and McNulty, the parties named in the telegram, are on board of the Hornet.
Very respectfully,
JOHN K. VALENTINE,Assistant United States Attorney.
Hon. W. A. FIELD,
Acting Attorney-General.
[157] [Inclosure No. 2.]
Mr. Harlow, deputy marshal, to Mr. Gregory, marshal.
NEW YORK, August 19, 1869.
E. M. GREGORY, United States Marshal, 1438 North Thirteenth street:
DuBose and McNulty were arrested June 23 for a violation of neutrality laws, and, after remaining in jail some time, were discharged on their own recognizance.
S. R. HARLOW, Deputy Marshal.[the discussion of the Hornet continues for pages, but does not mention Gregory again]