bound for the enemy's port, shall be subject lo detention and confiscation, leaving free the rest of the cargo and the vessel; that the owners may dispose of them as they see proper; and that the same liberty be extended lo persons who are on board such vessel, so that, although they be enemies lo either party, they shall not be made prisoners, nor taken out of the vessel, unless they are soldiers, and in the ·actual service of the enemy. It is not even pretended that the prisoners are embraced within the exception; nor can it be doubted that a flag which protects the enemies of a neutral would extend equal protection lo its own citizens. As the alleged cause of capture is evidently insufficient lo justify the detention of the prisoners, I therefore demand their immediate release; protesting, al the same lime, against the commander of the Bravo for all damage already sustained, or which may hereafter accrue, by reason of his arbitrary, illegal proceedings.
I have the honor lo be, &c., D. W. Smith
To the Principal Commandal of the State of Tamauipas.
[1495) [SMITH to COUNCILJ
Executive Department of Texas.
To the Honorable, the President, and Members of the Legislative Council: Gentlemen:-
! herewith transmit the following biJls, with my approval
and signature:
The one requiring the commander-in-chief lo remove his
head quarters lo Washington.
One settling the mode by which officers of the army receive their grade, when difficulties on that account should present themselves. One appointing a Post Master General, and other officers. One requesting the commander al Goliad Lo afford One for calling a convention. And one for creating the municipality of Sabine. Two l have returned without my signature for the assistance, &c.
following reasons:
207
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