American government has nothing to reproach itself with, in its intercourse with Spain, and will acknowledge no delinquency in the discharge of its duties towards that power. Abundant pains have been taken, and considerable expenses incurred, in the performance of these duties with fidelity, and an earnest desire to maintain the peace of the two countries. Every means in our power to prevent or to punish offences has been used. Hence the solicitude we feel that no precipitate steps should be taken by your government, or by the colonial authorities, to embarrass the friendly relations of the two countries, by weakening our hands. Those relations. which it is so wholly the interest of both parties to maintain and to preserve unimpaired, may in a moment be placed in jeopardy by a single unwise or inconsiderate step. Of this peril it is believed that you are, and always have been, sufficiently aware, and that you have done all in your power to put the authorities of Cuba upon their guard. It is desira." ble at the same time that both of us should avoid that confusion of ideas in our diplomatic intercourse, arising out of the inappropriate use of terms and phrases, which may by possibility lead to erroneous conclusions. You have repeatedly designated these American citizens concerned in the late outrageous violation of the laws, both of the United States and Spain, as "pirates." It is by no means my duty to shield them from the use of the most opprobrious epithets you can bestow. Still their crime was not piracy. Murder and robbery are crimes of the deepest dye; but unless committed on the high seas, they cannot amount to piracy. The distinction may appear of little consequence, except where the designation of "pirate" is applied to citizens of the United States who may have engaged in an enterprise to invade Cuba, but have not executed their intention. The indiscriminate application of such a designation to these men, as well as to those who have been guilty of some overt act of felony, may give rise to errors which we may hereafter have occasion to regret. American citizens who may have engaged in an expedition for the invasion of Cuba have doubtless been guilty of a great crime, in violating the laws of their own country, for which they merit, and will receive, the just censure not only of Spain, but of the United States. Yet their offence, without some overt act of felony, and that, too, on the high seas, cannot with any propriety be characterized as "piracy." In conclusion I beg leave to inform you that copies of your subsequent notes, of the 14th and 24th instant, have been communicated, the former to the district attorney of the United States at New Orleans, and the latter to the district attorney of the United States at New York, with the appropriate instructions. They know that the honor of the country imperatively requires of their government the most energetic measures to bring such offenders to justice, and they have been commanded to execute the laws I avail myself of this occasion to reiterate to you the assurances of my distinguished consideration. JOHN M. CLAYTON. Mr. Calderon to Mr. Clayton. [Translation.] LEGATION OF SPAIN IN WASHINGTON, The undersigned, Envoy Extraordinary and Minister Plenipotentiary of her Catholic Majesty, begs leave to enclose to the honorable Secretary of State of the United States an exact copy of the communication which he had the honor of mentioning to him, dated the 19th instant, and which he received from the Count of Alcoy, Captain General of the island of Cuba, together with the documents Nos, 9, 11, 12, 14, 19, and 43, alluded to in it, which were found, among others, on board the vessels captured at the anchoring ground of Key Contoy. His excellency the Count has placed them in the hands of the undersigned as containing additional proofs of the conspiracy to invade the island of Cuba, and of the participation in that of several American citizens in New Orleans. The undersigned transmits these documents to the Hon. John M. Clayton for such uses as may tend in his opinion, to facilitate the investiga tion of the facts of the case, and for the vindication of the law; with the understanding that if the original decuments are necessary they shall be forwarded from Havana. With this occasion the undersigned reiterates to the honorable Secretary of State the assurances of his most distinguished consideration. A. CALDERON DE LA BARCA. Hon. JOHN M. CLAYTON, Secretary of State of the United States. [With Mr. Calderon's letter of June 28.-Translation.] MOST EXCELLENT SIR: The most excellent Lieutenant General Don Francisco Armero, commandant in chief of marine at this station, in a communication of the 10th instant addresses me in the following terms: "Most Excellent Sir: The auditor of war for naval affairs at this station, in the fulfilment of his duties respecting the translation of the papers and other documents which were intercepted on board the barque Georgiana and the brig-schooner Susana Loud, at the anchorage of the island of Contoy, has advised as follows: "Most Excellent Sir: The auditor having fully digested the translated contents (which are herewith returned) of the papers and books contained in the package sent to him by the most excellent commandant in chief of this station, with the official note found among the first leaves of this bundle, dated the 18th of last May, on board her Majesty's steamer Pizarro, then at anchor about a mile from Key Contoy, is of opinion that they ought to be delivered into the hands of the attorney for the crown, who is preparing to institute legal proceedings in the premises, for the, purpose of ascertaining the destination, and business of the barque Georgiana and the brig schooner Susana Loud, as well as the object proposed by those persons who were arrested on board of them. The said attorney for the crown (with the understanding that the papers are to be sent back) might thus be able to fill up the depositions that have already been taken, or introduce new ones, as he might deem it expedient for the elucidation of truth, in regard to those matters that are amenable to these proceedings, informing your excellency, as soon as the summary has been concluded, of the disposition proper to be made. The auditor begs leave to remark, that among these papers there are several letters in which allusion is made to the American Generals Quitman, John Henderson, Major General Fonte, Jackson, and others, as being the principal leaders in the projected invasion of this island, for the purpose of wresting it from the crown of Spain, of which monarchy it forms an integral part. In the letter marked No. 9 mention is made of a certain madan, and in nearly all of them the excellent General Don Narciso Lopez is designated as the principal leader of the horde of marauders who, in the night of the 18th-19th of last May, defiled the shores and the village of Cardenas, and, hoisting an unknown flag, deposed, by force of arms, the constituted authorities of the place, set fire to several houses, and seized upon whatever public funds they could lay hands upon. This correspondence evidently shows that the expedition composed of the steamer Creole, and the two sailing-vessels, the Georgiana and Susana Loud, was organized and put under way in New Orleans, and at other points within the jurisdiction of our neighbors, the United States-a nation with which ours finds itself at peace. There appear, also, the names of several captains and other officers, as well as the names of the companies which the pirates had organized, at a stipulated compensation of twenty-four thousand dollars for the rank and file, and all they proposed to steal from here for the officers. And, in short, the papers marked from No. 1 to No. 68 contain information which, in the opinion of the auditor, ought to be transmitted by your excellency to the most excellent the Governor and Captain General of this island, to whom, as the principal authority in it, it belongs to direct what demands are proper to be made under the circumstances; and to adopt the means that may seem to him most advisable for the preservation of tranquillity amongst us, and for avoiding the repetition of these acts of vandalism, by which Lopez and his followers are endeavoring to bring us back to the utmost forgotten era of filibustians (filisbusteros.) With this object in view, it would be well to forward them to his excellency, accompanied by a polite note introducing the contents of this legal opinion, if the same should happen to meet with the superior approbation of your excellency, together with the original documents alluded to above, with the understanding of their being returned. All of which is deferentially submitted, etc. Havana, June 8,1850: "Most excellent sir, VIENTE DE RAMOS.' "In conformity with the above, I have the honor of forwarding the document to your excellency, placing also into your hands, with the understanding that they shall be returned, and for the purpose of carrying out the views contained in the legal opinion given in the above, the original papers marked from No. 1 to No. 68. May God preserve you for many years! Havana, June 10, 1850." All of which, together with copies of seven other letters selected from the collection to which reference has been made, and marked respectively Nos. 9, 11, 12, 14, 19, and 43, I have thought it proper to forward to your excellency for your own information, in order that, by means of said letters, your demands upon that government may be brought to a favorable issue; and as containing proofs against the conspirators, as to their schemes for the invasion of the island of Cuba, or against the accomplices of the pirates who started from New Orleans. I beg leave to say further to your excellency, that in order to secure the indictment and condign punishment of these persons, I might, if necessary, send you the original letters, of which I now transmit copies, and many others of the same character, to which, I have no doubt, the general of marine would give his consent out of deference for the public interest, so that these might be substituted in the suit for the certified copies that are now filed. May God preserve your excellency for many years! 19, 1850. Havana, June THE COUNT OF ALCOY. To the most Excellent the MINISTER PLENIPOTENTIARY Mr. Calderon to Mr. Clayton. [Translation.] LEGATION OF SPAIN IN WASHINGTON, MY DEAR SIR: I received the note which your excellency did me the honor of addressing me, dated the 25th of last month, in which an allusion is made to mine of the 9th, the latter being a reply to your excellency's of the 3d Your excellency again remarks, that the government of the United States continues in the same state of uneasiness as to the fate of those men who were apprehended at Contoy, and that any inconsiderate step on the part of her Catholic Majesty's government, or those in authority in the colonial provinces, might embarrass the relations now existing between our respective countries, which it is the interest of both parties to preserve unimpaired. In replying to your excellency's note of the 3d, I had the honor to remark in substance, (in mine of the 7th,) that I had communicated without delay the contents of the former to her Majesty's government, and to the Count of Alcoy. In compliance with my duty I could not have done less; my position would not suffer me to do more. I then added to your excellency that I relied upon the exalted sentiments of that high functionary, who would, in my opinion, take into consideration the circumstances of the case, as referred to in your excellency's note of the 3d. That opinion. has since been confirmed by despatches I subsequently received from the Count, which I communicated to you verbally, and of which the following is an abridgment. Acknowledging the noble efforts made by the illustrious President of the United States for the observance of the treaty which binds both nations, the Count proceeds to show that his authority is neither arbitrary nor capricious, as the manner in which the invaders captured at Cardenas, and their associates taken at Contoy, have been treated, fully proves. The Captain General of the island of Cuba is the preserver and defender of the laws of Spain in that territory, of which monarchy the latter forms an integral part. It is not in his power either to alter or to infringe those laws-laws which also recognise a distinction between the intention to commit a crime and the perpetration of it. The marine court of the Havana station, whose province it is to investigate the case under consideration, will proceed in the matter according to the dictates of conscience, without swerving from the path of rectitudewithout prejudice or rancor. The respectable character of the tribunal alluded to is not to be called into question; and if it were necessary to produce any proof of the justice of this assertion in advance, it might be found in the fact that since the perfidious invasion of Cardenas, the authorities of Havana have succeeded in keeping the natural irritation of the popular mind within proper bounds, so that no American citizen has been at all molested. In the aforesaid note of the 25th of last month your excellency observes, that it would be desirable for both of us to avoid confusion of ideas in our diplomatic intercourse, and to eschew any improper use of terms and language which might give place to erroneous constructions; to which I agree. In reality, however, I do not understand how any of the disa greeable results hinted at by your excellency can flow from the applica. tion of the epithet "pirate" to those connected with the expedition against Cuba, which was an act of downright hostility against a friendly nation, in the midst of peace, unauthorized; but, on the contrary, in violation of the explicit laws of the United States. "The word piratical in the act of 1790 is not to be limited, in its construction, to such acts as by the law of nations are denominated piracy, but includes such as pirates are in the habit of committing;" (Statutes at Large, vol. 3, page 513; 2 Howard, 210;) that is to say, assaults, murders, robberies, and acts of incendiarism. I also beg to call your excellency's attention to the proclamation of his Excellency the President of the republic, issued in 1849, which was the means of breaking up the unlawful gathering on Round Island, and which elicited the approbation of all nations. "I have," his excellency said in that document, "therefore thought it necessary and proper to issue this proclamation to warn all citizens of the United States who shall connect themselves with an enterprise so grossly in violation of our laws and our treaty obligations, that they will thereby subject themselves to the heavy penalties denounced by the acts of Congress, and will forfeit their claim to the protection of their country. No such persons must expect interf rence of this government in any form in their behalf, no matter to what extremities they may be reduced in consequence of their conduct." In your excellency's note of the 18th of last May, which was in reply to the fears I had expressed lest a sympathy might be created in favor of the invaders, in the event of their being repulsed, your excellency did me the honor to say, "that those who may have been embarked in them (these expeditions) have no sympathy or countenance whatever from this government, and that the principles of the proclamation which the President issued last summer on a similar occasion are still adhered to by him with inflexible integrity." Be it as it may, the supreme authority of the island of Cuba had received in advance authentic and positive intelligence that the expedition, which finally invaded Cardenas, would, after leaving New Orleans, reas |