, 1858-01-22
E4r A4N1


Tie case would be far different if cxpedi
tons were set on foot within our own terri
tories to make private war against power
lul nation. If such expeditions were fittc'
out from abroad against any portion Of ou
r own country, to burn down our cities, mur
der and plundcr our people, and usurp ou
d, Government, we should cali any power ol
earth to the stricteSt account for not pre-
venting such enormities
q Ever since the administration Of Genera
Washington acts of Congress have been il
] force to punish severely the crime of settin,
on foot a military expedition within the lin
its of the United States, to proceed from
thence against nation or State with whom
we are at peace The present neutrality
act of April Goth, 1878, is but little mort
than collection of pre-eXisting laws. Uu
der this act the President is empowered tc
employ the land and naval forces and the
militia 'for the purpose of preventing the
carrying on of any such expedition or enter
prise from the territories and jurisdiction
of the United States" and the collectors o.
customs are authorized and required to de
tain any vessel in port when there is reason
to believe she is about to take part in sucf
lawless enterprises.
When it was first rendered probable that
an attempt would be made to get up ano
ther unlawful exI0lition against Nicaragua
the Secretary Of State issued instructions tc
the marshals and district attorneys, which
were directed by the Secretary of War and
the Navy to the appropriate army and navy
officers, requiring them to be vigilant, and tc
use their best exertions in carrying into effect
the provisions of the act of 1878. Not
withstanding these precautions, the expedi
ton has escaped from our shores. Such en-.
terprises can do no possible good TO the
country, but have already inflicted much in
jury both on its interests and its character.
They have prevented peaceful emigration
from the United States to the States Of
Central America, which could not fail to
prove highly beneficial to all the parties CON
cerned In q pecuniary point OF view alone
our citizens have sustained heavy losses from
the seizure and closing Of the transit route
by the San Juan, between the two oceans.
The leader Of the recent expedition was
arrested at New. Orleans, but was dis
charged on giving bail for his appearance il
the insufficient sum Of two thousand dollars
/ commend the whole subject to the seri
Gus attention of Congress, believing thai
our duty and our interest, as well as our ma
| tional character, require that we should
adopt such measures as will be efcctunl in
restraining our citizens from committing
such outrages. rl l.es 5g n E
regret TO inform you that the President
of Paraguay has refused to ratify the treaty
Between the United States and that State
as amended by the Senate, the signature Of
which was mentioned in the message Of my
predecessor to Congress at the opening Of
its session in December, 1858. The reasons
assigned for this refusal win appear in the
correspondence herewith transmitted.
1t being desirable to ascertain the fitness
Of the.river La Plata and its tributaries fol
navigation by steam, the United States
steamer Water Witch was sent thither for
that purpose in 1858. This enterprise was
successfully carried on until February, 1855,
when, whilst in the peaceful prosecution OF
her voyage up tie Parana river, tie stea.
mer was fred upon by Paraguayan fort.
The fire was returned; but as the Water
Witch was Of small force, and not designed
for offensive operations, she retired from the
conflict The pretext upon which the at.
tack was made, was a decree Of the Presi-
dent Of Paraguay Of October, 1853 pro
hibiting foreign vessels-of-war from naviea-
ting the rivers of that State As Para
quay, however, was the owner Of but one
bank Of the river of that name, the other
belonging to Corrientes, State Of the Ar
gentine Confederation, the right Of its gov
ernment to expect that such decree would
be obeyed cannot be acknowledged. But
the Water Witch was not, properly speak
Ing, yesselof war. She wns small stea-
mer engaged in q scientific enterprise inten-
ded for the advantage Of commercial states
generally. Under these circumstances,
am constrained to consider the attack upon
her as unjustifable, and as calling for salts
faction from the Parnguayan government
Citizens OF the United States, also, who
were established in business in Paraguay,
have had their property seized and taken
from them, and have otherwise been treated
by the authorities in an insulting and arbi-
trary manner, which requires redress
A demand for these purposes will be made
in firm but conciIiatery spirit. This will
the more probf bly, be granted il the Exec
utiye shall have authority to use other
means in the event Of refusal. This is ae-
cordingly recommended.
It is unnecessary to state in detail the
alarming condition Of the Territory Of Kan
sas at the time Of my Inauguration The
opposing parties then stood in hostile array
against each other, and any accident might
have relighted the flames Of civil war Be
sidess at this critical moment, Kansas was
left without Governor by the resignation
Of Governor Geary.
On the 10Th of February previous, the
Territorial Legislature had passed law
providing for the election Of delegates on
the third Monday of June, to a convention
to meet on the first Monday of September,
] for the PURPOSE of framing a constitution