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The Count of Alcoy to Mr. Calderon.
Most EXCELLENT SIR: I have received the communications of your excellency, dated respectively the 8th and 10th instant, the contents of which I have made myself acquainted with, reserving myself to reply to them at the first opportunity.
At length, as your excellency must be aware, the piratical expedition which has been for some time getting under way in the United States, COE posed of the steamer “Creole," one barque, and a brig schooner, (berg. antive goleta,) commanded by the traitor Lopez, has left New Orleans. Upon being informied that they were on the Island of Women (Isla de Mugeles) in Yucatan, I ordered the navat forces of her Catholic Majesty, under the command of the most excellent General of Marines command. ing this station, to go in pursuit of them, who having met the barque and the schooner, captured them both, with everything appertaining to them, being loaded with coals, provisions, and other effects, together with a portion of the bandits coinmanded by Lopez, who have not, however, arrived at this port, he having gone out in the steamer Creole" with fifteen hundred of them; and, finding that the barque and the schooner could not follow him in consequence of calms and currents, was obliged 10 leave them at anchor in Contoy, at which point they were captured. He thus directed his course towards Cardenas, whose scanty and defenceless population and port he surprised at early dawn on the morning of the 19th instant, while its peaceful inhabitants were immersed in sleep. On being apprized of his arrival, however, they fled from their abodes and took refuge in the interior of the island, leaving their gallant lieutenant governor, Don Florencio Ceruti, remaining entrenched in his own house, and defending himself with the small force which had been detached there, until, being pursued by the flames which were consuming the house, the same having been set on fire by the enemies, and finding his ammuni. tions exhausted, he surrendered himself, after having caused the death of a considerable number, and to be wounded about forty, among whom is the infamous Wheat; but on being charged by fifty infantry soldiers of the regiment of Leon, twenty lancers, and several countrymen who had joined them, they embarked precipitately, carrying off some public funds, the wounded, the lieutenant governor, the captain in command of the detachment, and a lieutenant, all of whom they abandoned at Keystone (Cayo Piedea,) whence they embarked in a fishing smack, which brought them over to this port, the pirates putting off to sea at half past six o'clock in the evening of the same day, the 19th instant, there having also arrived most opportunely at Cardenas the forces under the command of Don José Falqueras, brigadier governor of Matanzas.
It is to be supposed that they will be met with by the most excellent commandant the General of Marines, who pursues them on board her Majesty's steamer Pizarro. I have also ordered the most excellent Lieutenant General the Count of Mirasol to go out, with troops of every de. scription, in case they should land at any other point on the island, for I am desirous, wherever they may hide themselves, to give them another lesson, and chastise them much more severely than they have been at Cardenas.
As it may very probably happen, in the sequel, that these new vandals will run into some of the ports of the Union for shelter, I charge your excellency very particularly to make such demands of the government of the republic as the laws of nations and international treaties may require.
And as the above-mentioned vessels, the stranier“Creole," the barque and the schooner, have sailed from the port of New Orleans for piratical pur. poses, I again insist that your excellency will make all the demands which you may deem necessary, of the government of that republic, for the vin. dication of the just and sacred principles which, as the President himself expresses it in his inaugural address of last year, are recognised.
In communicating these details to your excellency, I cannot avoid expressing the satisfaction I feel for the extraordinary enthusiasm which has been displayed by the whole mass of the population, foreigners as well as natives coming forward, to ask for arms, in order to exterminate this cowardly horde of robbers who have dared to tread the soil of this island, if they should intend to attempt it once more. With this occasion ( transmit to your excellency the enclosed copies of the address which I deliv. ered, and the proclamation which I published, as well as of the official Gazette also, all referring to the subject which has been just mentioned. May God protect your excellency! Havana, May 22, 1850.
THE COUNT OF ALCOY. His Excellency the MINISTER PLENIPOTENTIARY
of her Catholic Majesty in Washington.
Spanish Vice Consul in Philadelphia to Mr. Calderon.
I believe it to be my duty to inform your excellency, as my chief, that I have discovered that preparations are being made in the environs of this city, with the view of assisting the conspirators who recently undertook to disturb the peace of one of the possessions of her Majesty the Queen, our lady.
I have taken the necessary steps for ascertaining all the particulars respecting all that is passing in this consular district under my charge. In obtaining this information, I have been obliged to employ the services of two persons; one of them has just arrived in this city. These two persons are not known to each other, and I find that both of them agree fully in relation to what they have stated to me. One of them is an Irishman, and the other is a Portuguese, and their statement is as follows:
A number of persons recently arrived at this city, and went to the port of Wilmington, in the State of Delaware, about thirty miles from this city- others to Lewistown, on the seacoast of the same State. In Wil. mington there are more than sixty persons, and in Lewistown some thirty or forty, inaking in all about one hundred persons. They are well armed. They have at the port of Lewistown from 700 to 800 stand of arms, to distribute to others in the island. A schooner was preparing in that city to take on board these persons her destination Matanzas; they are lo
land in the vicinity of Matanzas, according to circumstances. A certain Major Duchatlett (who lately arrived in these States from the island) has charge of the individuals above mentioned. From the recent news from the island, this person does not know what steps to take, and is now awaiting information for his government. Your excellency can rely upon this information. The name of the schooner is the “Enterprise,” 240 tons burden; but it is impossible to obtain proof against her or her owners. I can bring proofs against this Major Duchatlett, through persons whom he has desired to employ, and to whom he has explained the object of this expedition.
I give your excellency this information in order that you may instruct me how to proceed in this important affair.
I enclose also to your excellency the receipts of the persons whom I have employed, and also mine to your excellency paid by me, on accvent, and the sum which I still owe te them for this information.
The Secretary of State to Mr. Calderon.
I DEPARTMENT OF STATE,
Washington, June 3, 1850. Str: I feel the liveliest concern for the fate of the prisoners said to have been made at Contoy and carried into Havana, and an earnest solicitude that no difficulties may arise between our respective countries in conse. quence of this capture. My present object is to furnish you with the views which the President entertains upon the subject. He holds, that the American citizens taken on that island, should they prove to be guilty of beginning or setting on foot an expedition against Cuba, are justly liable to punishment by the laws of their own country, and he recognises the duty of this government to enforce the penalties imposed by our act of Congress against all who may have engaged in such an expedition. But it is not conceded that the Spanish government, having captured these citizens on a Mexican island, have a right to convey them to Havana and punish them capitally for crime. It is unnecessary for me to remind one so well versed in the law of nations, that there is a wide distinction between crime and the intention to commit it. Besides, it has been alleged that these men had abandoned the illegal enterprise, and relinquished all design to invade Cuba. The object of this note is to convey to your government the opinion of the President in regard to this import. ant subject, and to ask your interference in case the lives of these citizens should become placed in jeopardy- an event I cannot anticipate, but one which would be most deeply to be deplored.
I avail inyself of this occasion to renew to you the assurances of my distinguished consideration.
JOHN M. CLAYTON.
The Secretary of State to Don A. Calderon de la Barca.
DEPARTMENT OF STATE,
Washington, June 4, 1850. The undersigned, Secretary of State of the United States, has the honor to transmit to Don A. Calderon de la Barca, enclosed, a copy of the instructions which, with a copy of the note of the vice-consul of her Catholic Majesty in Philadelphia to Don Calderon, communicated to this department, were yesterday sent to the United States district attorney for the State of Delaware.
The undersigned avails himself of this occasion to renew to Don A. Calderon de la Barca the assurance of his distinguished consideration.
JOHN M. CLAYTON. To Don A. CALDERON DE LA BARCA, foc., Soc., fc.
Mr. Clayton to P.S. Johnson, U. S. District Attorney, Delaware.
DEPARTMENT OF STATE,
Washington, June 3, 1850. Sir: I have the honor to transmit to you, enclosed, a copy of a note from the Spanish vice-consul in Philadelphia to the minister of Spain in this city, and communicated on Saturday last to this department. You will perceive that the informants of the Spanish vice-consul in Philadel. phia allege that there are at present evil-diposed persons in your district, who have in view to violate the laws of this country by preparing a hos. tile expedition against a colony of her Catholic Majesty, in collecting men and arms, to be shipped in a schooner called the “ Enterprise," from a port of your district to the island of Cuba.
I have now, by order of the President, to instruct you to use all vigi. lance and energy in frustrating any attempt, which may be made within your district, to violate the act of 20th of April, 1818, and to bring to trial any persons engaged in such attempts.
I am, sir, &c.,
JOHN M. CLAYTON. P. S. Johnson, Esq.,
U. S. District Attorney, Wilmington, Delaware.
The Secrctary of State to Mr. Calderon.
DEPARTMENT OF STATE,
Washington, June 4, 1850. Dear Sir: I did not receive your note of the 27th ultimo in time to en able me to give it a formal answer for the mail which you were then engaged in sending off to Havana. Indeed, I did not believe that any special reply to that communication could be necessary to satisfy you or your government on the subject of the fixed determination of the President to fulfil, rigidly, every duty which the United States owes to Spain. Of our
fidelity to all our obligations and engagements no one can be more convinced than yourself, and I sincerely trust that no inconsiderate act on the part of the Cuban authorities, in their present triumph, may intervene to embarrass our future actions, or jeopard those relations which you and I, sir, have struggled so hard and often, under circumstances so extremely difficult, to maintain in uninterrupted harinony. .
I have the honor to be, sir, with high consideration, your obedient serTant,
JOHN M. CLAYTON.
Copy of a letter from the Spanish consul in New York, dated June 4, 1850.
[Tanslation ) MY ESTEEMED FRIEND: The secret agent, M. N******, has been engaged within the last few days in ferreting out the operations of the Amer. ican conspirators against the island of Cuba in these parts, and the folo lowing has been thie result:
That a vessel was stationed at the entrance of the port for the purpose of receiving arms, provisions, and men, in small boats, from the land. That there are persons in the immediate neighborhood of this city, staying at various hotels and boarding houses, kept in readiness to embark at a moment's notice, under the direction of American agents. That a certain Major Harris, who acted in the capacity of private secretary to Lopez, br th in New Orleans and in Washington, together with another officer, are actually in New York at this moment. The secret agent has been occupied day and night within the last four days in pursuing these investiga tions. I have placed him in communication with the district attorney and the collector of the port; and the latter sent out a revenue cutter to exam. ine said vessel stationed at the entrance of the port as specified above. The secret agent alluded to has explored both these environs and the ad. jacent coast. . He has proved himself, in my opinion, an agent of the greatest importance, especially as he communicated at once all the discoveries lie made to the district attorney and the collector of the port. Ac. companying this I send you an article from this day's "Sun," in which the editor expresses his sentiments in regard to Cuba, after the failure which has attended the rash attempt of Lopez. ,
I have added to this article of tho "Sun" the verdict of the grand jury, stating they find no cause for instituting proceedings against any person in this districi for violation of the laws.
I ain your excellency's,