36 FEDERAL rznrorzrnn.
steamer, and a pilot provided; the time not to exceed tl11·ee or four
days." Under this contract, on Friday, the 27th, about 150 troops,
with arms and military officers, were put aboard from a tug-boat ; but,
the necessary water and provisions not being supplied, the steamer
did not leave Savanilla until the following day. Rio Hacha was at
that time in the peaceable possession of the loyal government. It
was from 150 to 200 miles from Savauilla, a trip of about 24 hours
for the City of Mexico. Capt. O’Brien testifies that he was assured
by Perez & Co., before leaving Savanilla, that Bio Hacha was in the
possession of the insurgent party. The American consul at Baran-
quilla, on the 20th, gave Capt. O’Brien a clearance for Rio Hacha.
The steamer arrived off Rio Hacha in the afternoon of the 29th, and
came to anchor in shallow water about a mile and a half from land.
At 7:40 r. M. the custom-house boat came along-side, containing the
collector ofthe port and six other persons. The collector, on boarding
the steamer, was seized by the direction of the general of the troops;
and the other men in the small boat were compelled, by rifles pointed at
them, to come on deck, when they were all put under guard by the
troops, and the boat also was taken aboard. This proceeding was
againstthe earnest remonstrance of Capt. O’Brien and the odicers of
the ship, who protested without avail. They lay off the port till day-
light, when a schooner, said to be armed and to belong to the lawful
government, being descried at a distance, the general and troops de-
manded that the steamer should be used to capture her, and seemed
determined to take possession of the steamer for that purpose. The
insurgent pilot sided with the general and the troops; but the captain,
officers, and crew of the steamer all solemnly protested against t-he
proposed attack of the schooner as an act of piracy under the Amer-
ican flag; and the chief engineer refusing to work the ship, the pro-
ject was abandoned, though not without much excitement and ill-
temper on the pa1·t of the general. Capt. O’Brien thereupon steamed
towards Savanilla, where he arrived on the next morning, having on
the way stopped for a few hours at Santa Marta, at the urgent desire
of the general, to whose wishes it was deemed politic to this extent to
defer. On arrival, the captain entered his formal protest before the
American consul at Baranquilla. The dc jacto government dis-
avowed the acts of the general and troops in making prisoners of the
collector and his men, and declared that punishment should be in-
flicted for the offense; and the prisoners were released and sent back.
On the first of April the steamer cleared for Bocas del Toro, where
she arrived on the 4th, obtained a partial cargo of fruit, and then
sailed for New York, where she arrived April 17th.
Does a voyage of such character infringe the provisions of section
5283 of the Revised Statutes above referred to? The offense under
that act, it will be observed, is confined to cases in which the vessel
shall be fitted out, etc., "with intent that she shall be employed to
cruise or commit h0stiZities," etc. The expedition from Savanilla to