New Orleans, January 5, 1836.
James W. Breedlove, the collector of this port, being duly sworn, deposes and says that this examination of witnesses has taken place .at his request: that having been informed that the schooner Brutus was arrived, he first thought that he would clear her, in taking bond, as the law directs, for the double of the amount of her cargo. But having seen, in the public papers of this city, that vessels were fitting out and arming in the sight of the custom-house, with an intent to cruise and commit hostilities against Mexican vessels, he refused to clear out the said schooner Brutus, until some steps should be taken to ascertain whether there was any just ground to justify the publication which appeared in the newspapers; and he then wrote a letter to Henry Carleton, Esq., district attorney of the United States, requesting him to have certain witnesses summoned to testify on the. matter, before some magistrate of the city, (the publication alluded to, which was printed in the Union on the 31st of December, 1835, remaining annexed to his deposition;) and witness requested Mr. Carleton to summon Mr. John F. Carter, the editor of that paper, supposing that he would not have published the fact contained in said publication without some foundation. Witness states that he has taken the bond of the owner of the Brutus, with four securities, in the sum of twenty thousand dollars, under the 56th section of the act of Congress approved on the 20th of April, 1818; and whether he shall clear that vessel or not, without further investigation, depends upon the decision of this court; that is, whether this court will discharge Mr. Allen or not. That Mr. Allen exhibited to witness the bill of sale to him of the schooner Brutus, and thereupon obtained an American register, surrendering, at the same time, the old one; also, the list of his crew, with American protections to the same, and the manifest of his cargo. J. W. Breedlove, Collector. Sworn to and subscribed before me, Gallien Preval, Judge.
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