John Quincy Adams Digital Diary

Saturday 13. November. Cabinet Meeting. Present W. H. Crawford, J. C. Calhoun, Samuel L. Southard and J. Q. Adams. The question was whether the District Attorney at New-York should be instructed to commence a prosecution against L. Villaume Ducoudray Holstein for fitting out in Augt 1822 an expedition against the Spanish Island of Porto-Rico. The opinion in favour of the prosecution was unanimous with the exception of mine— I was against it, first because I considered it barred by the Statute of Limitations— Secondly, because the562the parties have already been prosecuted for the same thing, in the Island of Curacao, where they suffered eighteen Months Imprisonment; and were condemned to thirty years of the same punishment— This Sentence was reversed by the king of the Netherlands, who substituted for it, banishment from the Island— And thirdly because it was a mere undertaking—never carried into Execution— It was answered that whether the Statute of Limitations applied or not, was for the Court to determine— The President thought it would not— Mr Calhoun and Mr Southard that it would— Mr Crawford said that the Prosecution at Curacao was not for an Offence against our Law; and that we had nothing to do with it and that although the expedition never landed at Porto Rico; the fitting out and preparing of it, in our Ports was a consummation of the Offence against our Law— Ducoudray himself, wrote last April to the President; soliciting his protection— And Baptis Irvine, later, through Mr Clay— There was a question whether these papers should be transmitted to the District Attorney as part of the Evidence— Mr Crawford thought they should be, and it was so determined— In his Letter to the President, Ducoudray says he was one of the persons who attempted to liberate La Fayette, from the Castle of Olmutz—and he has recently published a biographical Memoir of La Fayette— Mr Calhoun suggested that perhaps it would be well to postpone the prosecution till General La Fayette should return, and that he should be enquired of as to the facts of Ducoudray’s being concerned in the attempt to liberate him— I objected, that I had no doubt the fact was so— That La Fayette would of course be kindly disposed to him; and would advise if at all against the prosecution— But if the prosecution was proper; it ought not to be omitted on account of any service heretofore rendered by Ducoudray to La Fayette— Mr Crawford concurred . . . . opinion; and it was determined that the District Attorney at New York should be . . .ediately directed to commence the prosecution, and that all the papers containing . . . Evidence, should be sent to him, including those furnished by Ducoudray and B. Irvine . . .emselves.— The President asked the other members of the Administration to furnish . . .m with their minutes for the message— I had already given him mine— Mr Calhoun . . . his would be shorted than they were last year—and a mere sequel to them. Mr Southard . . . his would be shorter still— I asked Mr Crawford how the revenue had turned out. He said . . . good—between 17. and 18 Millions of impost; and about 1200,000 dollars for lands— Four Millions of 7 per Cents have been purchased, and there are 7. Millions in the Treasury.