The New York Herald Newspaper, June 19, 1849, Page 2

Se \ 4 | iA THE STEAMER UNITED STATES. Important Correspondence. Mr. Clayton to the Secretary of the Na’ Derantuent oF Sratk. 8 have rendered it necessary for me to reques communicate to this Department as early as practica- Dle, all correspondence or papers in your possession re- lating to the proposed employment by the German government of officers of the American navy, with the action of your department thereupon. and ‘its results, The letters of Com. Parker, and sy reports he may have made since his return, embracing an account of | his late visit to Frankfort, are specially desired. In the same connection I have to ask you for what- ever information is within your reach respecting the construction and equipment, at New York, of a war steamer, or other like vessel or vessels, alleged to be destined for the German service, together with any order from your department, and any corresponde of Com Perry and ( MeKeever, or others calculated to throw ligkt on the history and nature of the trans- action, and the precise objects for which said vessel or vessels are known or supposed to be designed. Your own opinion and views upon these important and delicate matters. are very ery — e , your obedient servant, J am, sir, respectfully, your oot M CLAYTON. Hon. Wm. B. Preston, Sec. of the Navy. . Preston to the Secretary af State. a is Dasincutes Agelas 1849. Sin :—In compliance with the request contained in “your letter of the 20th March ultimo, | have the honor to transmit herewith copies of all the correspondence in this department. reluting to the proposed employ- ment by the German government of officers of the ‘American navy. and also respecting the equipment, at New York, of the Germanic steamer “ United States.” ‘These papers will exhibit the action already had by this department upon the subject, and the condition in which the matter now stands, ‘The department was induced to revoke its former crder, (to afford facilities for fitting out the steamer above referred to.) with a view of avoiding all violation of our neutrality between the German empire and the government of Denmark, which we are informed were at that period in a state of hostility to each other, and which, in the opinion of Com. Parker, would most probably result in active hostilitfes upon the termina- tion cf the armistice then existing between those governments Ihave the honor to be, very respectfully, yeur obe- dient servant, WM. BALLARD PRESTON. Hon Joun M. Crayton, Secretary of State, The Secretary of the Navy to Com. Parker. Navy Derantment, Wasninoton, Dec, 16, 1848. Sim: Mr. Donelson, the Minister of the United States, has addressed to the Secretary of State a communica- tion, accompanied by certain correspondence, on the subject of the desire of the Germanic Confederation to secure the temporary services of some of our naval officers in building up the German navy. The Presi- dent, duly sensible of the high compliment thus paid to our navy. and animated by a desire to cement the friendship of Germany and the United States, is anxious to comply with the request as far as he lawfully may. He does not consider that, asthe law now stands, he has Gry authority to permit officers of our navy to enter the service of any foreign prince or State. He therefore desires that correct information may be pro- cured in detail, that it may be determined whether he will ask authority from Congress to allow our officers on furlough to engage in such service, subject of course to be recalled at the pleasure of the government of the United States, It isa subject of pride that our naval officers are so much attached te our service that they would be unwilling to resign their commissions to enter any other service, The United States have always contended for the freedom of the seas, and will be happy to see every nation maintain a sufficient naval force to protect their commerce, and sustain those liberal principles of the laws of nations which are founded in the equal tights of independent governments. I have received directions, without detavhing you from your present duty, to give you leave of absence troin your com- mand, and to order you to proceed ts Berlin and Frankfort, and report to Mr. Donelson, the Minister of the United You will converse frankly and un- reservedly with such functionaries as he may refer you to, and inform yourself fully and in detail as to what is desired by the government; what service will be ex- pected; for what length of time, and on what condi- tions; how many and of what rank will they desire the services of officers of the American navy? It may be desirable that the object as well as the ‘particulars of your visit, and its results, shall be considered confi- dential, You will communicate unreservedly with Mr, Donelson, and follow his advice on this subject, show- ing him this instruction. You will return to the United States with the least practicable delay, after accomplishing the object of your visit, and report fully to the Department. ‘The Agent at New Yorkwill pay you on thou- sand dollars to cover your travelling expenses, for which you will account according to law. A copy of Mr. Donelson’s communication is sent of the service. With the uperintendent of construc- tion and bis assistants a separate contract is to be ade. wThis government bas gl for the purchase of a steom frigate in the United States, and bes sent ove Mr William Wedding on commision for the pur} Ne will request, under the auspices of the Minister Resident ot the Central Power of Germany at Wash- ington, Baron Roenve. the Seeretary of the Navy, Hon Mr, Mason. to lend him the aseletance of an able oftoer, who will, with him, together have care of the armament ard manning of the steam frigate, if pur d Both gentlemen are directed to await your arrival in the United States, for what regards the engaging of of- ficers, to request your advice. The offlecrs wanted for raid steam frigate are not included in the number of ca ers above mentioned eaves: ate you will have the kindness to apply, on your arrival in the United States, to Messrs. ‘The- cdere Vietor and Duckwitz, at New York, for informa- tion as to what has been done in the acquisition of a steam frigate, and where Mr. Wedding and the Amori- cun officer may be found, and, equally, to leave with raid gentlemen your address, that Mr. Wedding and the officer may be able to meet you. I direct the said merchant house to make to you and the officers to be evgoged, such advances as are necessary for their voyage to Germany and their equipment. Tho neces- sary letter for the purpose I beg to hand to you hereby. Yavail myself. sir, of this opportunity to renew to you and your government the most sincere thanks for the great kindness of your mission to the Central Power, and for the readiness declared to give assistance to this country in the creation of a navy. I have the fullest confidence that the ties of real and sincere friendship between the two great and free nations will be fostered more and more from year.to year, and will materially contribute to maintain the peace of the civi- lined world. U beg. sir, to give you the assurance of my highest consideration, ‘The Minister of Commerce and Marine, DUCK WITZ. Hon. Com, F A, Panxer, U. 8. Navy. Baron Roenne, the German Envoy Etraordit and Minister Plenipotentiary, to the Secretary of the Navy. Wasninaton, January 80, 1841 Sin :—The government of the German empire, being about to organize a naval establishment, is anxious, as I had the honor to state to you in our last conversation, to obtain, through me, from the government of the United States, a minute account of the organization of, and, the manner of conducting business in, the Navy Departnient of the United States, You were s0 kind as to promise that you would furnish me with all the information en the subject I should desire, and, by your permission, I now take the liberty to state to you what ! aim most desirous to obtain. It is as fol- lows :— Copies of tho laws which relate to all_ subjects con- nected with the navy, from its ostublishment to the present time. ‘The regulations which have been issued by the Nav: Department, or which have been prepared under its di- rection, and submitted to Congress, but have not yet been adopted, relating to the duties of officers when em- ployed on board vessels of war. in navy yards, at ren- dezvour, or recruiting service, in naval hospitals, at the naval asylums; the usual distribution of duties in the Navy Department between the Secretary of the Navy and the Navy Commissioners, when they were attached to his office,and the several chiefs of bureaus since they were established, ‘The objects with which each of the several bureaus are especially charged, and the officers er others as- signed as assistants to the chiefs, and for what special duties. The regulations for the administration and police of ports, naval ar enals, for the construction of vessels, and for provisions, stores, &c. The regulations forthe active service on board ves- sels of war. ‘The penal system. The organization of the medical department, hospi- tals, &e. ‘The organization of the naval school; and the course of studies prescribed for the midship men who attend it. Plans of the navy yards, drawings of dry-docks, rope walks, work-shops and machinery, store-houses, tim- ber-sheds, and ship-houses, with sufficient detail of in- terior arrangement to give the means of judging whe- ther they can be improved or modified to suit different localities, Draughtsof approved sailing and steam ve with their interior arrangements, dimension’ spars, and sails, stowage when ready for set and complements of men and officers, Draughts of guns and gun carriages, ordnance regu- lations, and allowances, regulations for quarters and exercise for cannon on board ships of war, A list of the works used in the navy of the United States, and considered valuable, on the subjeot of the construction of men of war, artillery, navigation, na- val tactics, &c. ‘The foregoing strikes me as being the most essential part of the information which my government desires, but [leave it, of course, to your better judgment to furnish me with any further information which, in your opinion, may be serviceable in preparing a plan for a new naval establishment. I need not say that if, in procuring the information desired, any expense should be incurred, F will readily defray it. The complianco with my request will only add to the obligations which the government of the German em- pire considers itself already under to that of the Uni- bite ybedient i. ery rerpectfully, your obedient servant, This so J. Y. MASON. Commodore F. A. Panxen, U. 8. Navy, Boston. Com, Parker to the German Mintster of Commerce and jarine. FRanxrort-on-THE-Maine, Janual Sin: In my instructions from the honorable xy of the Navy isthe following passage, which, though read to-you yesterday, as 1 desire to carry beck to my government distinct answers to the quéstions contained in it, 1 have the honor to lay before you in writing:— “You will converse frankly and unreservedly with such functionaries as he, Mr. Donelson, may refer to, and inform yourself fully and in detail as to what is desired by the government ; what service will be ex- pected; for what length of time, and on what condi- tions; how many and of what rank will they desire the services of officers of the American navy?” 1 have the honor to be, with the highest considera- tion, sir, your obedient servant, FOXALL A, PARKER, U.S. Navy. To his Excellency M. Duckwitz, Minister of Commerce of the German Empire, &e, Com. Parker to the Secretary of the Navy. Frannront-on-THe-Matne, Germany, Jan. 24, 1849. Sin: Inmy letter of the 14th instant, from Berlin, gave you an account of my movements up to that tim On Monday, the 16th, I dined with the King of Prus- sia, at the palace of Charlottinburg, five miles from Berlin, and the next morning left for this place in com- pany with Mr. Fay, Secretary of Legation, where we arrived late at night on the 17th. The ‘next day I waited on the President of the Council of State, Von Henry Gagern, and the Minister of Commerce and Ma- rine, Mr. Duckwitz. I hada long and free conversation with these gentle- men in relation to the creation of a navy for Germany, and addressed an official note to the latter gentleman as to what was required or wished from the officers of the American navy; copies of which J have the honor herewith to transmit. I found that little or nothing had been done for the creation of a navy ; no laws passed for its government, and no one seexied to understand what would be the plans to prevent the blockade of their ports, in the event of a renewal of the war with Denmark, although that seemed to be the principal object with all. Pre- vious to my arrival, two of the British mail steamers had b , (the Britannia and Acadia,) which are now fitting at Liverpool as war vessels. One steamer is authorised to be purchased in the United States, and Mr. Duckwitz informed me that several German steam- ers would be procured, and some gunboats. ‘This is all the force, so far as | can learn, which they have to oppose to the Danish navy, consisting at this time of 1,085 guns and 9.755 men. ‘A part of this force consists of five line of battle ships, of $4 guns each As the armistice expires on the 26th of next March it appears to me entirely out of the question that ( many can bring any foree to contend successfully against Denmark, and I can see no field for any Ameri- can officer doing credit to himself or his country in the German navy at this time In the event of the Germanic confederation being es- tablished. Prince Adelbert (cousin to the King of Prus- sia) will undoubredly be at the head of thenavy. But, if ! am not much mistaken, that event cannot and will not take place without a civil war; that is, the people against the king and princes In this state of things, ic seems to me it would be un- wise for the officers of the American navy to have any- thing to do with Germany until the central power is established. except in the way of advice, xpect to leaye here to-morrow for England, and shall embark, on the 10th February. for the United | States. and will then, in person, explain to you more fully the present state of affairs in Germany. Ihave the honor to be, sir. very respectfully, your obedient servant, POXALL A, PARKER, Captain U. 8. Navy. ‘The Hon. Jonn Y Seuretary cf the Navy, Washington. The German Minister of Commerce and Marine to Com, Parker Fraxsront-ow rie Marve, January 25, 1849. note, dated 19th toinquire what at in respec’ to naval asi You are pleased to make the following ques- What service will be expected? For what length vn what ms! low many and of what rank will they desire the service of oMccrs of the Ame- rican navy 1 beg to answer these questions in regard to the offle cers wanted One commodore, to be promoted to the rank of rear tenant or commander. according the rank | wand of three ted States for having shown ¢o friendly an interest in the creation of a German naval establishment. 1 have the honor to be, sir, most respestfully, your obedient servant, ROENNE. ‘The Hon, Jonn Y. Masox, Secretary of the Navy cf the United States. The Secretary of the Navy to Baron Roenne. vavy Derantatent, Feb. 6, 1849, Sin :—I have the honor to acknowledge the receipt of ‘our communication of the 30th of January, and the resident has with much pleasure directed me to cause the information requested to be prepared and trans- mitted to you. The drawings which you desire will be prepared under the direction of the Bureau of Con- struction, Equipment, and Repair, by competent draughtsmen employed for the purpose, I shall not hesitate to direct that the expenss attending their pre- paration be communicated to you for payment. Lappreciate the high compliment which is pald to my country and its institutions by the requests which you kave done me the honer to address te me, Admi- ration of the wisdom and patriotism of the govern- ments and people of the German empire, in securing civil liberty by the establishment of their confedera- tion, as well as my high respect entertained for you personally, will make it always highly agrovable to me to communicate avy information at my command which may be deemed useful in founding a naval estab- lishment worthy of the German empire Thave the honor to be, very respectfully, ent cervant, JY. To his excellency Baron Vow Rorxxr, Envoy Extraordinary and Minister Plenipotentiary of the German empire, your obedi- MASON. Baron Roenne to the Secretary of the Navy. Gruman Lecation, Washington, Feb, 15.1849. Sin:-The government of the German empire has hailed the mission of Commodore Parker to Frankfort with the greatest satisfaction, and regarded it as a high compliment paid to it. It is expected that, from the advice of that distinguished officer, and from his know- ledge and experience, the greatest benefit will be derived in the establishment of a German navy. | am instruct- ed to express to you. and through you to the President A the United States, the sincerest and most respectful thanks of the government for the mission of Commo- dore Parker—a commission which it is most gratifying to me to be able thus personally to fulfil, The government of the German empire has sent an agent to New York to purchase a large war steamer for its service; and J am instructed to request that the go- vernment of the United States would designate an offi- cer of the United States navy, of the rank of lieutenant or commander, to proceed without the least possible delay to New York, there to assist the agent in the se- lection of the vessel to be purchased, and, if any should be purchased, to take the command of her, to superin- tend the arming and equipment of her, to engage a crew and the necessary number of competent officers; and, when ready, to take her to Bremerhaven, ani there to receive the further orders of the government. Commodore Parker having suggested that his govern- ment would be inclined to give an officer of the rank above designated a furlough of nine months, it is re- quested that this maybedone. That officer will during that time be engaged in the German service, with one grade higher than he holds in the United States ser- vice. and will receive the same pay and emoluments as in the American service. The designation of a competent person to discharge the above duties will be regarded We the German go- vernment as an additional proof of the friendly disp sition of the United States to aid Germany in her efforts tocreate a naval establishment; and the officer who may be selected will have ample opportunities to en- hance the reputation which the Americans so justly deserve of being the first seaman in the world. As | am going to New York this afternoon fora few days. I request that you will direct your answer to be sent thither. Thave the honor to be, very rospeetfully, sir, your most obedient servant, RO. The Hon. J. ¥. Mason, Secretary of the Navy of the United States, Baron Roenne to the Secretary of the Navy ew Youn, February 19, 1849. Dean Sin:—I have just seen Commodore Perry. He has been kind enough to offer his services, as requested by yeu. We have bought the United States. Commo- dore Perry suggests that [ should write to you request- ing you to give me a written order to the commandant of the Navy Yard to render me such assistance and fa- cilities in the equipment, &c., of the vessel as might be suggested by him (Commodore Perry). 1 conse- quently take the liberty to request that you will favor me with a letter to Captain McKeever, and oblige Your most obedient servant, ROENNE Hon. J. Y. Mason, Secretary of the Navy, U. 8. Com. Perry to the Secretary of the Navy. New Your, February 19, 1949. Dean Sim:—Thave this moment seen Baron Roenne, ‘ho informe me that itis of the highest importance that {ho steamer United States, purchared by him fer the German payy, should be put to sea with the greatest possible despatch is to be armed aud equipped To s¢¢ nisite despatch, it would ba t some facilities should be rendered uch cau be done consistently, vor pon the Baron to have dont the navy yard, and with all Tangement’ would be objection- , then to allow the sery eof Mr Hartt aud some few cf the gun carriage ma The Iatter could be d. J euppose, without any infrin be yard Very respectfully. your obedient servant. MC PE Navy ngement of the rules RY Seoretary of th Navy Drvaw honur to ack ry to Boven Roenine bruary 25, 1349 the ceowipt of 1 your request ia Ard in equipping the Lenclore you herewith « copy of my order to Captain McKeever, commandant of t! United States y yard at New York He ts. you will observe, iustructed to keep an account of materials and labor, with which you will be furnished for payment. have the honor to be, very respectfully, your obe- dient rervant, J ¥. MASON. His ExecYeney Paron ¥ py Exteaordl- nary and Minister Me ary uf ihe German empire, now at New York. The Secretary of the Ni Nav Navy Deranrxryt Sin—His excellency Baron V tracrdivary upd iuiat y to Capt, McKeever, Con. U. 8. Pov. I ru ary 28, 1849 Roeone, Envoy Ex- Pleuipotentiary from the Ge man Egpire. bas requested that tacilities in the prepa- ration of the steainship United States as a warxteamer, and in equipping ber. may be afforded at the navy yard under your e and. You will be pleased to afford the necessary facilities, mrictently with the public int rests and the business of the yard. You will kee; accurate account of the labor and materials. and send it to the Bureau of Constructipn. Equipment and Repair. 1 am, respectfully, your obedient servant, J. ¥. MASON, Captain Isaac McK never, Commandant U. 8. Navy Yard, N.Y. The Secretary of the Navy to Com. Skinner, Chief of Bu- reau of Construction. Navy Derantment, February 23, 1949 ‘His excellency Baroa Roenne. the Minister from the German F:mpire. has requested that facilities in the reparation of the steamer United States (purchased S fim for the German navy) as @ war steame ad in gquipping her, may be afforded at the Brooklyn Navy Yard. ‘The necessary orders have been given to bp Me- Keever te afford such facilities, consistently with the public interests and the business of the yard. with di- rections to keep an accurate account ot the labor and materials, and transmit the same to your bureau, to be furnished to Baron Roenne for payment. You will be pleased to give such orders in all matters pertaining to your bureau as may be necessary to a complish the object above indicate@; 1am, respectfully, your obedient servant, J. ¥. MASON. Com. Cuas. W. Sainxen, Chief of Bureau of Construction, Ke. Nors.—A letter of the same tenor and date as the abeve, was transmitted to the Chief of Bureau of Ord- nance, &e. The Secretary of the Navy to Baron Roenne Navy Drvanrsaent, March 1, 1849. Sin—I had the honor to receive your communication of the 15th of February ultimo, and have delayed an- swering it until the report of Commodore Parker should have been received. ‘That officer has arrived in the city of Washington, and | have the honor to enclose herewith a copy of the instructions under which he went to Germany, toge- ther with @ cepy of his report. Tam directed by the President to inform your Excel- lency that, under existing circumstances, he does not consider it advisable to ask of Congress authority to permit officers of the American navy to enter foreign service. It may be stated with confidence that if the application were made, the business of Congress for the shart period of the session rematning will be so urgent that there can be no hope entertained that the pro- position would be favorably considered. You aro aware, sir, that by the constitution of the United States, ‘no person holding any office of profit or trust under the United States shall, without the con- sent of Congress, aecept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State.” Regarding the application which was made by tho government of the German empire for the services of Amerloan naval offcers to afd in building up 8 n the highest compliment to the United States ; knowing the sineere friendship which the people of the United States bear to those of Germany, and anxious to increase the number of independent States prepared to maintain the freedom of the seas, the President di- rected that Commodore Parker should preceed to Ger- many, and obtain the necessary information to enable him to deeide whether he would ask authority of Con- gress to permit officers of our navy to enter the service of Germany. 1 regret to perceive that the circum- stances reported were such that the communication could not be made to Congress. But, besides this, the olicy of the United States has always been to abstain From Interference in the wars of nations in amity with us, We were ready, as far as it could be lawfully done, to permit our officers to aid in building up the German navy; but in case of war with Denmark, while both belligerents are at peace and in friendship with the United States, our officers could not be permitted to take part in the hostile operations of either. ‘The earnest desire for the success of the noble effort to establish for Germany a confederation is unabated: and I trust that the course which the constitution, laws, and policy of the United States require us to pursue, will not be regarded as inconsistent with that feeling. For the reasons stated, it will not be in my power to order or permit any offieer of the American navy to as- 8 wall | sume the command of the steamer to which you refer. Thave the honor to be, very respectfully, your ob dient servant, J. ¥. MASON, His Excellency Baron Von Rornne, En, Ex, and Min. Plen. of the German empire. The Secretary of the Navy to Capt. McKeever. "Kavy Derantanenr, Manctt 19, 1849. Sin—The order from this Department of the 33d Feb- ruary ultime, issued at the request of his Excellency the Minister from the German empire, directing you to afford the necessary facilities for the equipment, at the navy yard under your command, of the steamship Uni- ted States as a war steamer, is hereby revoked. You will be pleased to forward to the Department an account of the labor and materials already furnished in pursuance of the order above indicated. 1am, respectfully, your obedient servant, WM. BALLARD PRESTON. Capt. Isaac McKrxver, Commandant U. 8. Navy Yard, N. Y. The Secretary of the Navy to Com. Perry. Navy Derantatent, Manctt 19, 1849 Sin: In view of the present relations existing between Denmark and the German empire, the Department is apprehensive that any course of eeaducton the part of the Government of the United States affording military facilities to either of those Governments may be re- garded as a vielation of our friendly relations with the other. You will, therefore, abstain from any further partici- pation, either by advising or otherwise, in the prepara- tion and equipinent of the ateamship United Stat ew York, recently purchased for the use of the empire, Tam, respectfully, your obedient servant, WM. BALLARD PRESTON. Com. M. C. Penny, U. 8. Navy, Tarrytown, N, Y. Com, Perry to the Secretary of the Navy. Wasnincton, Marcu 9, 1849. Sin—In compliance with your order of this date, (marked private.) I have the honor to inform the De- partment that about the middle of last month I re- ceived at my residence, by a special mossenger sent by the Navy Agent, New York, a letter from Baron Ro- enne, Envoy of the German empire, covering one from the Hon. J. ¥. Mason, Secretary of the Navy, (marked private.) introducing Baron Roenne, and referring that functionary to me for information and advice (the pre- cise words I do not recollect) in relation to the equi; ment ot a steamer intended for the German naval ser- vice. In consideration of the contents of these letters, I pro- ceeded forthwith to New York, and after an interview with Baron Roenne, who was desirous of my advice as to the details of the armament and equipment of said vessel, | conferred fully with him on the subject, and stated that it would be impracticable to complete the equipment of the vessel within the time desired without certain aid from the Navy Yard, Brooklyn, but I enter- tained doubts whether such aid would to any extent be rendered, though | was aware that facilities of a similar character had before been granted. I mentioned these"doubts to Baron Roenne, who in- formed me that he had had an understanding with the authorities at Washington upon this point, and had moreever consulted with Mr, Butler, former United States District Attorney at New York, upon the legality of the Proposed equipment of the vessel. ‘With these assurances, and with the full knowledge that Com, Parker had been sent by the United States government to Germany upon dutics connected with the creation of a German navy, and inferring from the tenor of Mr. Maron's letter, and from other eireum- stances, that it was an understood arrangement, | did not hesitate, though in a manner altogether unofficial, to render such advice and information as was in my ower to do; and in order that the matter should be ully understood. 1 addressed a private letter to Mr. Maron (a copy of which | did not preserve, though it was read and forwarded to Baron Koenne,*) informing him, Mr. Mason, that I had received his letter, and had seen Baron Roenne, and suggested that, if it could be consistently done, it would be desirable that certain facilities should be rendered by Capt. McKeever, com- mandant of the navy yard; and if such course should be thought objectionable, that some of the artisans of the yard might be permitted to withdraw themaclves, temporarily, to work on the gun carriages and other articles of equipment, in the city of New York, and un- der the supervision and pay of the shipbuilder employ- ed upon the ship. ‘This letter was accompanied by one from Baron Roenne, and I believe of the same tenor, | also suggested to Mr. Wm, Kemble, of the West Point Foundry Association, that he should write to Com, Warrington, inquiring whether guns and munitions could be borrowed (for which there has been at least one precedent) from the Ordnance Department of the navy. upon the responsibility and in the name of Mr, Kemble, to be re-placed by him so soon as they could be supplied I remarked, at the same time. all the work should, if possible city, and under the supe that it was better that bo accomplished in the rvision of private persons, and that the government should be identified as little as porsible with it, By the tenor of the replies to the let- ters written to Mr. Mason and to Commodore War. rington, | was prepared to he governed. The one from Commodore Warrington | saw, but not thore of Mr. Mason to Baron Roenne; but I was satisfaetorily in- formed that they gave general instructions to Capt MeKeever to furnish the required facilities, and Com mandcr Hudson, at the request of Mr, Victor. a mor. chant of New York. and one of the a, man government, consented to # it tails” When I lett New York, on the 12th instant, 1 was told by bim that the work was in rapid progress, tome of itom band at the avy yard; and! should judge that it may be esmpleted, if hot interrupted, by the 26th of next month, With regard to the complement ot men for the ship, it bas been suggested that she ovght to bave from 200 to exclusive of officers, Fam jgucran ner it is proposed by fi Roe nor do | know where iti tended t Join the ship. I question whether these matters have been entered vpon, though it has been a topie a that they might be re- au al ports und from there tin thip at sea, after she Pail hay Gomany ander fregular ron clearance, with the American fisg, as s merchant ves sel{ber ar@ement in her hold as a cargo. T feel assured that neither Baron Koenne nor the agents of the vessel would sanction any step that would infringe the laws of the United States, and it could diy be suppored that myself. or any of the several ofthe vavy taking part in the equipment of Unis ship, would countennner, directly or indirectly, avy such irregularity. So far, every thing has been dere under the full authority cf the government, and, as | conceive. no breach of law or neutral obligations, us reergnived by former practices, has yet occurred. In my ageney in this business | have been solely in- fuenecd by a desire to carry out what ( had @ right to suppore were the wishes of the Government, to meet far ae might be cempatible with public policy propricty, the requests of the German Goverament, nade through its distinguished Minister in this coun- try. | was further influenced by a deep solicitude that the equipment of the sbip. if conducted under the aus- pices end superintendence of the navy, should do no diseredit to the corps which has been so highly com- plimented by the German Goveroment. ‘With regard to the employment of United States na- val officers in the organization and serviee of a German navy. | shall make no further remark, than to state, in relation to myself, that I bave been questioned by Ba- ron Roenne whether | would consent to visit Germany in a civil capacity, under the permission of the Navy Department, in view of advising with the Minister of Marine of the German Empire upon the organisation of a navy for that confederacy My reply bas been, thet 1 was not prepared to say that I would venture, for many reasons, to undertake this highly responsible, though equally bonorable task, but uuder no circu stances would | embark in it without an order of the Navy Department, and with the understanding that | was to receive no compensation from the German Gov- ernment. Ihave thus endeavored to reply in full to your inqui ries, and to recapitulate as correctly as possible the purport of the verbal communications | had the honor of muking to you; and I would respectfully ask whe- ther it is the Jesire of the Department that I, as well as Commander Hud+on, should withdraw from any fur- ther connection with this business ? My object in conferring personally with you upon the subject was to learn precisely how far | could, consist- ently with my official obligations, continue to render my humble services. Upto this time my course has been strictly unofficial and advisory, and | had not in- tended, under the circumstances, that it should be otherwise, With great respect, I am, sir, your most obedient ae vant, M. ©. PERRY, The Hon, Wa. Batiann Presrox, Secretary of the Navy, Washington. Capt. McKeever to the retary of the Navy. Navy Yano, New Yorx, March 21, 1849. Sin—I have the honor to acknowledge the recvipt o your communication of the 19th inst., revoking the or Ger of the 23d Feb, ultimo. Nothing has as yet been completed or delivered to the Germanic steamer United States. The gun car- riages which were being made for that vessel are nearly finished, and a few days’ more labor would complete them. From the particular construction of this steamer, these carriages would not answer or be suit- able for any of our own ships, but all other articles which were in progress for her could be used in the equipment of any vessel where a similar armament would be employed. T have apprised tho agents of the Germanic gevern- ment in this city of the nature of my instructions. A repert of the cost of labor and materials already ex- ended for the preparation of the several articles will bs transmitted as soon as it can be made out. | am, fir, very respectfully, your obedient servant, . McKEEVER, Commandant. The Hon. Wm. Bautanp Preston, Secretary of the Navy, Washington. to the Secretory of the Navy. ‘annytown (N, ¥.), March 22, 1849, Sin—I have the honor to acknowledge the receipt of your communication of the 19th instant, (marked pri- vate,) and shall be careful to conform to the instruc- tions contained therein. With great respect, I am, air, ‘our most obedient servant, M. C. PERRY, Hon. Wat. Bavuanp nestor, Secretary of the Navy, Washington. The Secretary of State to Baron Roenne, Derantatext or Stats, ‘Wasuinaron, April 10, 1849, ‘The undersigned, Secretary of State, has been di- rected by the President of tho United States to make to Com. Perr the pri 4 Extraordinary and Minister Plenipoten- jth of the Germanic Empire the following communi- cation:— On entering upon the executive office, the President’s attention was called to the fact that a large steamer, named the United States, was fitting out at New York, destined, as was fenerally belleved and known, for the naval service of the German Empire. An exact in- quiry into the fact, which he at once caused to be in- stituted, resulted in abundant evidence and irrefraga- ble proof, to satisfy his mind that this war vessel was really designed to be employed by the central govern- of Germany in the unfortunate contest now ex- ing between Germany and Denmark. The United States, at this moment, remain in 8 with all the world. They contemplate. with profound interest, the movements of other nations.in struggles to advance their true happiness, and to reform and im- prove the systems of government under which they live. In the progress and developement of the great events which are daily transpiring in Europe.a conflict has unhappily sprung up between Germany and Den- mark, that has not failed to awaken s new and livel: solicitude on our part, as the common friend of the bei- ligerent parties. It is precisely in this condition of affairs between these Cempeneg | nations that the high and imperative duty has been devolved upon the exe- cutive, to take care that there shall be no violation or infringement of the laws of the United States, enacted expressly for the purpose of enabling us to preserve our cherished relations of amity and good understanding with all foreign powers, and to fulfil, with strict im- partiality, the duties of neutrality, and all the obliga- tions of our treaties with those powers, This grave duty is enjoined by the constitution of the United States, which, by solemn oath, the executive is bound to“ preserve, protect, and defend.”? ‘The enlightened minister of Germany cannot be ig- norant of the existence of the act of Congress of the 20th April, 1818, entitled“ An act in addition to the ‘act for the punishment of certain erimes against the United States,’ and to repeal the acts therein men- tioned.”” Te the stringent provisions of that statute, the undersigned is now instructed by the President to invite your Excellency’s special attention. Its 11th section requires the forcible detention of vessels of the character described, (and within its purview comes, unquestionably, the steamer United States) when about to depart under circumstances which render it probable that they are intended to commit hostilities against a friendly power. Another section, the 3d, im- poses a fine and imprisonment on all persens engaged im such enterprises, and also the forfeiture of said v sels; and its 10th section makes it obligatory on t! owners, &c., of such vessels to enter into a bond to tl United States not to commit hostilities against any na- tien with which the United States are at peace. By the 8th section of the act, the President is fully em- powered and required to execute the law, by carrying ull its previsions into effect. Moreover, you are aware that the Government of Denmark has entered a formal protest against the fitting out of this vessel for the objects alleged. In answer to the protest, the Danish Minister has received from the President the most satisfactory assurances in reference to the views and feelings of the American govern- ment, and in regard to the course which the latter, un- der the circumstances, believe it to bea duty to pursue. Independently however, of the consideration just advert- ed to, it is due to your Excellency to state that the Presi- dent, guided by a sense of justice and good faith, had already, before the protest of Denmark was laid before him, determined that it was his bounden duty to re- speet the rights of a friendly power, and, if absolutely necessary, even to enforce, to the very letter, all the provisons of our laws which were passed and intended to protect those rights, But, whilst thus firmly resolved to discharge a duty which was due to Denmark, the President is equally desirous, nay, anxious, to convince the German govern- mcnt and people of his sincere wishes to cultivate the most cordial relations of amity and good-will with them, and to evince most clearly the friendly spirit. which animates him, by exhibiting a signal mark of the con- fidence he reposes in the honor and integrity of the distinguished individual who worthily represents the German empire and people near this government. To this end, the undersigned is now authorized by the President to say to your Excellency, in all frankne that the moment you shall be prepared to commas eate tothe undersigned, in writing, the solomn assur- ance that the vessel in question now fitting out in the harbor of New York is not designed and intended to and wil not ke, employed by your governmen: against any r with which the United States ary ow at prac ch assurance on your part will be deemed and taken by the President a+ a sufficient e and security ta remove all doubts trom his and to justify him in suffering the steamer to quit the port of New York, and to proceed, without in- terrvption or hindrance to her destination, whatever that destination may be; it being distinctly understood that the suid steamer, whilst the property of the G man govirnment or of her age. i, shail thus process in her true character “fa German vessel, The undersigned, in ing this communieat which he trusts your Excellency will receive and im- part to your government in the spirit in which it originat:d and has been made. most gladly avails him. felt of the opportunity which it affords to reiterate to your Excellency the assurances given by his predeces- in the bame of the government and people of the ed States, that the President will ever be ready studious to forter the friendship now ro happily subsisting between our respective countries, and to prcmote, as far as may consist with his publie duty, the prosperity of the German confederation, and the accomplishment of the great objects which the Ger- man people have in view, The undersigned has the honor to renew to your Fix- cellency the assurance of his distinguished consideras tion. JOHN M, CLAYTON, Baron Vow Rorsnr. EL & M, . of the German Empire Secrerary of State. Yorx, April 14, 1849, signed. Envoy Extraordinary and Minister ipotentiary of his Imperial Highness the Vicar of the German kinpire, bas had the honor yesterday to recvive the note of the honorable Secretary of State of the United States in relation to the steamer named “The United States.” The note states that, on en- tering upon the Executive office, the Prosident's at- tention was culled to the fact that the said stea was fitting out at New York, destined. as was generally lieved and known, for the naval servicw of the man Empire, The note further states that an uiry inte the fact, which the President at caured to be instituted, resulted tn abundant evi- dence and irrcfragable proof to ratisfy his mind that this war-vesrel was really designed to be employed by the central government of Germany in the unfortunate contest now existing between Gerinany and Denmark, ‘The note calls the attention of the undersigned to the existence of the act of Congress of the 20th April, 1s18, entitled * An actin addition to the act for the punibment of certain crimes against the States,” and afier referring to certain visions. the yous on to state that the ary es.) and, guided by @ sense of justice and faith, had determined that it was his bounden duty to respect the rights of a friendly power, and. if absolutely necessary, even to enforce to the very letter all the provisions of the laws of the United States which were parsed and intended to protect those rights. The note finally states that, whilst thus firmly resolved to dis- charge a duty which was due to Denmark, the President is equally derirous. nay, anxious, to convince the Ger- wan government and people of bis sincere wishes to cultivate the most cordial relations of amity and good will with them, and to evince most clearly the friend! spirit which animates him, by exhibiting a signal mar of the confidence he re poses in the honor and integrity of the undersigned; to which end the honorable Secre- tary of State is nuthorised by the President to say to the undersigzed that the moment he is prepared to _ communicate to the honorable Secretary of State, in | writing. the solemn assurance that the vessel in ques. | tion, now fitting out in the harbor of New York, is not designed and intended to be, and will not be, employed 4 the German government against any power with which the United States are now at peace, such assu- rance on the part of the undersigned will be deemed and taken by the President as a sufficient pledge and security to remove all doubts from his mind, and to justify bim in suffering the steamer to quit the port of | New York, and to proceed, without Taterraption or hindrance, to her destination, whatever that destin: tion may be; it being distinctly understood that the said steamer, whilst the property of the German | government or of ber ag: shall thus proceed in her | true character of a German vessel ‘The undersigned, duly appreciating the confidence which the President places in him, will ds himaelf the | honor to answer the note of the honorable Svcretary of State, without reserve, and with all the frankness which he trusts has characterised his conduct during the whole course of this affair. In the struggle of the people of Germany for legal liberty and unity, the de- tire to bave a navy. in order to protect their commerce and navigation as it behooves a great nation, has feom | the beginning of the movement occupied @ prominent place among the objects of untional interest, For that purpose, the National Assembly of Germany. soon after their meeting. voted @ large sum of money, and the Central Power of Germany immediately took the neces- sary steps to effect that object. Vessels of war were ordered to be built and to be purchased, and # provi- sional navy department was established. It was but natural that Germany. being, in so many respects, rly situnted as the Un es when they con- verted their eo acy of States into a federal go- ment, should, ecting her now organization, look to the United States for aid and advice, ‘The Central Power hailed, with the most lively satisfaction, the mission of an Envoy of the United States to Frank- fort, and ove of the first requests submitted to that functionary. was, to secure from his governinent the temporary serviees of a number of United States naval officers in building up a German navy. ‘Che then Pre- sident, Mr, Polk. uprn being informed of this desire of the Gerinan gover t, by the United States Mi- nister,in the month of December of Inst year. sent Commodore Parker to Germany, to obtain correct in- formation, in detail, as to what was desired, that it might be determined whether he would ask authority frem Congress to allow some of the United States navy officers on furlough to engage in the German servic Itisa matter of regret, that Commodore Parker. in a | report to the Secretary of the Navy, of the 24th of January, thought fit to dissuade the government of the United States from permitting its navy officers to enter the German service. But it is not a little surprising, that, notwithstanding his report of the 24th of Janu- , still, on the 25th of January, to accept a commission from the German Minister of Commerce and of the Navy, to submit to the govern- ment of the United States the request to permit a large number of the United States navy officers tempo- rarily to enter the German service. Commodore Parker was also informed that it was the intention of the German government to purchase one or more war steamers in the United States, and it was at his suggestion that the undersigned was instructed by his government to request the Secretary of the Navy of the United States to designatea United States navy officer to assist the agent sent out for the purpose of urchasing a steamer in selecting the vessel, to take ‘he command of her, to superintend the arming and equipment of her, to en; crew and the necessary number of competent officers, and, when ready, to take her to Bremerhaven, and there to receive the further orders of the German government. A letter was ac- cordingly written by the undersigned on the 16th of February to the Secretary of the Navy of the United States, Mr. Mason, and although the latter, ina com- munication of the lst of March to the undersigned, declined to order an American navy officer to assume the command of the steamer, still he did not hesitate, on the 23d of February, to issue an order to the com- mandant of the United States navy ania! at New York to afford the necessary facilities in the preparation ef eamship United States as a war steamer, It was necessary go fully to enter into all these de- tails in order to convince the honorable. Secretary of State that from the very beginning there has been no secrecy whatever in this matter on the part of the un- dersigned or of his goverment, It was not only, the note of the 16th instant says, “generally believed and Known” that the steamer United States was des- tined fer the naval service of the German empire, but the fact was officially announced to the government of the United States, and the latter did not hesitate to grant the desired facilities in fitting the steamer out as ® war steamer. The undersigned learns with surprise from the hono- rable Secretary of State of the United States, thet this war vessel was really designed to be employed by the central power of Germany in the contest with Denmark, The informers of the President must indeed have other or better information than the undersigned himself esses, The real object in purchasing as been stated in the letter of the under: 15th of Februbry to the Secretary of the ry of the United States, Mr. Mason. It is, that the vessel shall be taken to Bremerhaven, which is destined for the German naval station on the North Sea, there to ceive the further orders of the German government. When the purehase of a war steamer in the United States forthe German goverament was ordered, the war with Denmark was suspended by an armistice; that armistice has been prolonged until the 15th ins ports and there is Leki 3 reason for hoping that peace will by this time have been concluded. There was certain- Rd 8 possibility, when the steamer was purchased, of the recurrence of hostilities with Denmark, but this and other steamers would have been purchased without reference to a war with Denmark or with any other ower, as the German government is determined te javeanavy. And if, in carrying out that determin: tion, the berated ere of Germany turned its atten- tion to the United States; if it requested the government of the latter to send its officers to Germany to assist in organizing the German navy; if it sent te the United States to eee vessels which might serve as models, it meant to pay acompliment to the United St h and by no means to involve this government in diff culties and to violate its laws, The undersigned hi from the beginning been aware of the existence of the act of Congress of the 20th of April, 1818; and so great has been his desire to move strictly within the bounds prescribed by those laws, which he is well aware tho resident, like every other citizen of the United States, is bound ‘to observe, thi ‘bal ents of the German government commissioned with the purchase of the veesel, obtained the professional opinion of a distin- guished member of the New York bar, which was given on the 2d instant, in the following words :— “Even if the vessel were fully furnished, fitted out, and armed, she would not, in my opinion, come within the provisions of the act of Congress of April 20, 1818, unless it were intended that she should be employedin cruising or committing hostilities—that is to say, in offensive naval operations—against the subjects, zens, or property of some foreign Prince, State, &c., with whom the United States it peace; and, asi understand from your verbal statement, it is not in- tended that this vessel shall be employed, even after she shall reach her foreign destination, and when fully equipped, in any such offensive operations.” In fitting out and arming a war veseel, it is certainly always the intent to use her for war purposes at some future time, should occasion require it. But such ul- terior attempt is not made criminal by the act of 20th April, 1818; it would otherwise have been much sim- pler once for all to prohibit the building and arming of men of war to every one in the United States except to the government. ‘The intent meant by the law is therefore the proximate and immediate intent; and the intent which is made criminal is the intent to cruise and commit hostilities against a power at peace with the United States, which evidently refers to hostilities of an aggressive, and not of a mere defensive chara ter If the vessel had been fitted out with intent, im- mediately upon leaving the port of New York, to cruise and commit hostilities against Danish ships wherever they might be met, the law would be violated; but such is not and never has been the intent. ‘The undersigned can most positively and solemnly asxure, and does hereby assure, the honorable Seeretary of State of the United States that the steamer United States has not been purchased or fitted out with intent to cruise or commit hostilities against the subjects, citizens, or property 1 venmain, or dny other power at peace w the United States; but, as was stated in his lette the 16th February to the then Sceretary of the Navy of the United States, Mr. Mason, with intent to be taken to Bremerhaven, ‘e to receive the further orders of the € ut. The nature and particulars of such further orders it is, of course, impossible for ettigned or avy ¢ LO anticipate, since depend upon contingen b shall then exist, and which cannot now be fore. The undersigned has thus shown that it has been his intent avd the intent of the agents of the German government to keep strictly within the limits pr reribed by the act of the 20th April, 1818; and he add that, although under this act they were authori fully to furnish, Ot out, and arm the vessel, there being no Unlawfel intent. still, from a delicacy ‘towards the government of the United States, and in order to avoid in any way to compromit ita neutrality, the agents charged with the preparation of the vexsel had re- solved, under the advice of the undersigned, to defer the furniching or fitting out of the vessel as a war steamer until the views of the proper authorities ou the subject rhould be fully known, This determination, however, was merely ‘taken from considerations of amity and respect towards the government of the United States, and the undersigned now hopes, from the note of the honorable Secretary of State of the United States, that no objection will be je to her departing suitably armed as a German man of war, 1nd with German war colors, But in this respeet the wn- dersigned will entirely be cuided ty the wishes of the government of the United States, whieh he requests will be communtented to him at an early day In conclusion, the undersigned flatters himself that the honorable Secretary of State of the United States Will now be entirely convinced that it is not, nor has it ever been, the intent, in purchasing and fitting out the steamer United States, to violate the laws of the United States, ‘The former Secretary of the Navy, Mr. Mason, was fully convinced of this when, on the 23d of Februa- ry, he issued his order to the commandant of the navy yard, at New York, to afford the nocossary facilities in the equipment of the vessel, In soliciting these facili- ties, it wan not the object of the undersigned to ask from the goverement of the United States that it should ily existing between Germany and Denmark, for it was- ‘Supposed that the like facilities would unhesitatiagly have been granted to Denmark, if requested by her re- preventative; the history of this country showing that such facilities have. on many former similar occasions, been accorded by the government of the United States. It was, therefore a matter of surprise and mortification to the undersigned that that order was revoked by the presentBceretary of the Navy. Mr Preston. and that, too, without giving him auy notice of it. Had such notice been given. with the eame frankoess which character- izes the note of the honorable Secretary of State of tht United States. the undersigned would at once have been able to correct the misconception of facts upon which that revocation must evidently have been founded; for heflatters himself with the bel 4, indeed: the friendly expressions im Mr. Clayten’s note leave no doubt about it,) that that revocation was only the ro- sult of © misconception of facts, and not of any un- friendly feeling towards Germany. It will give the Central Power of Germany great satisfaction that the houorable Secretary of State reiterates, in his note of the 10th instant. the assurances given by his predeoes- sor to the undersigned. in the nate of the gevernment and people of the United States, that the President will ever berendy and studious to foster the friendship now £0 happily existing between the respective countrie and to promote. as far as may consist with his public duty. the prosperity of Germany and the accomplish ment of the great objects which the German people have in view. ‘The undersigned requests the honora- ble Secretary of State of the United States to assure the President that this feeling is most cordially reciprocated by, the government and people of Germany. ‘The undersigned avails himself of this epportunity torenew to the honorable Secretary of State of the United States the assurance of his inost distinguished consideration ROENNE. Hon, Joun M. Crayton, Secretary of State of the United States, Washington. ~ Mr, Clayton to Baron Roenne. Derantment or Srave, Wasnincron, April 29, 1849. The undersigned, Secretary of State, had the honor to receive. on the 17th, the note which the Gernian Minister did him the honor to address to him on the 14th instant. An immediate reply to that note would have been the easy and obvious duty of the undersigned, seeing that it never had been the intention of this government to argue the question that haa originated the present correspondence. ‘The path of duty lies too plain bo- fore the Executive, to admit of cither hesitation or dispute ; but sincerely desirous to witness, by every proper method, a profound respect, for the German government, the President deemed it advisable, before a reply should be made. to refer the Minister's note and the question it involved. for the opinion of the Attorney General of the United States, In communicating, therefore, as 1 have now the honor to do, a eopy of that opinion, dated and received yes- day. for the information of the German governmeat, tho undersigned merely discharges an act of duty im- oxed upon him by the President by whose directions fols peccluded from prolonging further the'diseussion of asubject that has already been fully decided after the most mature and deliberate consideration. The undersigned is reluctant even to advert to the recent intelligence trom Europe, which would only serve to confirm the propriety and, necessity of the course adopted ; and, accordingly, he will now, In conclusion, simply recall Baron Von Roenne’s attention to the language which the undersigned was instructed to hold in his note of tho 10th instant, viz:—* That the moment you rhall be prepared to communicate to the under- signed, in writing, the solemn assurance that the vessel in question, now fitting out in the harbor of New York, is not designed and intended to be,and will not be, employed by your government against any power with which the United States are now at peace, such as- surance, on your part, will be deemed and taken by the President as a sufficient pledge and security to remove all doubts from his mind, and to justify him in suffer- ing the steamer to quit the vort ‘ef New York, and to proceed, without interruption or hindrance, to her destination, whatever that destination may be; it being distinctly understood that the said steamer, whilst the property ef the German government, or of her agent, shall thus proceed in her true character of # German vessel. ‘The undersigned confidently hopes that the Minister of the German empire will be prepared. upon the re- ceipt of this communication, to give the assurance, again solicited in a spirit of friendly forbearanee, which of itself will be both requisite and sufficient to relieve the Executive from the alternative and painful duty that otherwise must needs devolre upon this govern- ment, And the undersigned avails himself of the occasion to renew to Baron Von Roenne the assurances of his high and distinguished consideration, Banon Vow Roxxne, JOHN M. CLAYTON. Envoy Extraordinary and Minister Plenipotentiary of the German Empire. OPINION OF THE ATTORNEY GENERAL. Arrorsey Geyerat’s Orrice, April 28, 1849, Sim :—I have considered the questions submitted to this office by your Department, arising from the pur- chase and fitting out the steamer United States by the German Government, in the port of New York, with all the care demanded by their importance, and the desire fo preserve faithfully the neutral relations of the Uni ted States, without violating the courtesy due toa friendly Power. | The result | proceed to give you. The jong-cherished policy of this Government, origi- nating in 1794, and continued ever since, has been to maintain 8 strict neutrality between belligerent na- tions. ‘This policy, which we bad a clear right toadopt, has commended itself by its results to the favor of the eople, and it is our duty to uphold it by enforcing the laws according to their plain construction, and looking to the objects designed to be accomplished by chem. For the purpose of this opinion it is unnecessary to refer particularly to any other act than that of 20th April, 1818, and to its third section. And the question is, whether the case of the steamer in question is not within the provisions of that section, assuming the case to be as it is stated by his Excellency Baron Koenne. in his communication to your Depart- ment of the 14th instant. I am clearly of opinion that it is, and for these rea sons : Firet. A state of war still exists between Denmark and the German empire. as far as we are advised, and did exist during the fitting out of the steamer. Second. She is being fitted out and armed as a vessel of the German Government, and is calculated to cruise and commit hostilities against Denmark, its property, or subjects. Third, ‘A ship so armed and fitted, when upon the high seas, in a state of war, is false to its flag and honor, if it does not “commit hostilities’ upon an enemy whenever or wherever it meets one. ‘he intent of her employment, as far as her enemy is in- volved, cannot be peaceful. It must be warlike. Whether the meeting is accidental or designed, the ,confiict is intentional. It is known beforehand that, in ‘such a contingency, hostilities must ensue, or a surren- der, As the latter is never to be imagined, the f#mer must be considered as intended. It was by no means the object of the act of 1818 to distinguish between a fier aged or immediate intent and any other intent, in the use of the word intent, in its third section. Any intent, direct or contingent, to cruise and commit hos- tilities with the vessel fitted out against a nation with which the nation fitting her out is then at war, is with- in the act. The design was to prevent the United States from aiding either belligerent, to observe an absolute neu- trality, and to do this by prohibiting the fitting oat of vessels for the service of either in our ports. ‘f'o con- strue the law as Baron Roenne suggests, would be to render it almost wholly nugatory. ‘This is evident from a consideration of tfle instance before us. The proxi- mate intent, it is contended, is not to cruise or commit hostilities against Denmark. But the vessel is to repair to Bremerhaven, theze to await orders, and what these orders are it is impossible to anticipate. “They muat of necessity depend upon contingencies which shall then exist, and which cannot now be foreseen.” ‘The design, therefore, to cruise, ke, is not disavowed. Tho warlike purpose of the vessel is not disclaimed. But because there is no actual present intent to cruise. &e , and because she may reach the place of her first desti- nation without meeting an enemy, and peace may bo restored before she receives orders to cruise, the intent of her equipment is innocent. Such is not the inten- tion of the law. In this opinion I am perfectly cleni and I find myself supported by several opinions in ana- logous cases heretofore given by this office, and on more than one occasion mentioned by the Supreme Court, I have the honor to be, respectfally, sir, your obe- dient servant, REVERDY JOHNSON. Hoy. Jos M. Crayrox, &e. &e. &e. Baron Roenne to the Seeretary of State. Genman Lrcation, New Yorn, May 1, 1849. ‘The undersigned, Envoy Extraordinary and Minister Ples ipotentiary of his Imperial Highness the Vicar of the German Empire, has had the honor yesterday tore- ecive the note which the honorablé Secretary of Stat of the United Statos addressed to him on the 20th ul- timo, on the subject of the steamer “United States,!? inreply to his note of the 14th ultimo. ‘The undersigned can baye no desire to draw the ho- norable Secretary of State into a further discussion of the subject—a discussion not originated by the former —being informed by the honorable Mr. Clayton that he is precluded by the dircctions of the President from ys ther the discussion of a subject that had vlready fully decided after the most mature and celiberate consideration ; but the undersigned owes .$ to the importance of the case to ask leave to offer = cw remarks on the opinion of the Attorney General of the United States, a copy of which has been transmit- ted to him, It seems, in the first piace, obvious, that nothing of what has cccurred in this matter can be considered as coming under the act of 20th April, 1818, inasmuch as there has never been any secresy about it, inasmuch as acts ecmmitted openly, and under the Piss: as it were, pay, with the concurrence, of the govern- ment of the United States, cam certainly never be qualified aa criminal. The purpose of the purebare of the vessel by the German govern: nent was just as obvious when the subject of the purchast was first broached as it is now ; and the ille- gality of thet purpose, if indeed it be illegal, was just ae manifest then aa itis now ; and, notwithstanding thie, the United States government. not only encou- raged the consummation of the purchase, but alsogare it its direct sanction, by authorizing the com: t of the vavy yard of New York to afford all the nec sary facilities for the fitting out the vessel as a we steamer, Consequently, however expedient this gov- ex-ment may deem its’ present proceedings, the act o ‘20th April, 1515. “ an act for the punishment of erimes,’ cannot be invoked as the basis of such proceedings. Supposing. however, that said act may be thus in- vehed. the undersigned, without dwelling upon the ar- evment of the Attorney General as to what the honor of (he verte! may require her to do when upon the igh Fens, cnly begs leave to remark that the futent to de= fond herself against hostilities committed against her ly diferent from the intent to commit hostilities, criminal by the act of 20th April, 1818, ths act, ax stated in the note of the 11th uitimo, hay- character in view. Tho y Gene. leave to dissent from the istinetion aa ree of the Lith ule cpinion that the law make ferred t he note of t 1 mo, between a proximate and an ulteriorintent. Tho Aitcrney General saya: * Any intent, direct oreontin« gent, to cruise and commit hostilities with the vessel tited out against a nation with which the nation fit- in any manner commit itself ia the diticulties vahap- | ting her out is then at war, 18 within the act; aud ha