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the United States, are making a third attempt to set on foot a military

expedition within their territory against Nicaragua, a foreign 1709] *state, with which they are at peace. In order to raise money

for equipping and maintaining this expedition, persons connected therewith, as I have reason to believe, have issued and sold bonds and other contracts pledging the public lands of Nicaragua, aud the transit route through its territory, as a security for their redemption and fulfillment.

The hostile design of this expedition is rendered manifest by the fact that these bonds and contracts can be of no possible value to their holeers unless the present government of Nicaragua shall be overthrown by force. Besides, the envoy extraordinary and minister plenipotentiary of that government in the United States has issued a notice, in pursuiance of his instructions, dated on the 27th instant, forbidding the citi. zens or subjects of any nation, except passengers intending to proceed through Nicaragua over the transit route from ocean to ocean, to enter its territory without a regular passport, signed by the proper minister or consul-general of the republic, resident in the country from whence they shall have departed. Such persons, with this exception, "will be stopped and compelled to return by the same conveyance that took them to the country." From these circumstances, the inference is irre. sistible that persons engaged in this expedition will leave the United

States with hostile purposes against Nicaragua. They cannot, [710) under the guise wbich they *hare assumed, that they are peace

ful emigrants, conceal their real intentions, and especially when they know in advance that their landing will be resisted, and can only be accomplished by an overpowering force. This expedient was successfully resorted to previously to the last expedition, and the vessel in which those composing it were conveyed to Nicaragua obtained a clearance from the collector of the port of Mobile. Although, after a careful examination, no arins or munitions of war were discovered on board, yet, when they arrived in Nicaragua they were found to be armed and equipped, and immediately commenced hostilities.

The leaders of former illegal expeditions of the same character have openly expressed their intention to renew hostilities against Nicaragna. One of thein, who has already been twice expelled from Nicaragua, has invited, through the public newspapers, American citizens to emigrate to that republic, and has designated Mobile as the place of rendezvous and departure, and San Juan del Norte as the port to which they are bound. This person, who has renounced his allegiance to the United States, and claims to be President of Nicaragua, bas given notice to the collector of the port of Mobile that two or three hundred of these emi

grants will be prepared to embark from that port about the [711] *middle of November.

For these and other good reasons, and for the purpose of sav. ing American citizens, who may have been honestly deluded into the belief that they are about to proceed to Nicaragua as peaceful emi. grants, if any such there be, from the disastrous consequences to which they will be exposed, I, James Buchanan, President of the United States, have thought it fit to issue this my proclamation, enjoining upon all officers of the Government, civil and military, in their respective spheres, to be vigilant, active, and faithful in suppressing these illegal enterprises, and in carrying out their standing instructions to that effect, exhorting all good citizens, by their respect for the laws and their regard for the peace and welfare of the country, to aid the efforts of the public authorities in the discharge of their duties.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed to these presents.

Done at the city of Washington the thirtieth day of October, one thousand eight hundred and tifty-eight, and of the Independence of the United States the eighty-third.

JAMES BUCHANAN. By the President:

LEWIS CASS, Secretary of State.



Mr. Goñi, Spanish minister, to Mr. Seuard, Secretary of State.

[Translation. )

Washington, May 23, 1868. The undersigned, envoy extraordinary and ininister plenipotentiary of Her Catholic Majesty, has the honor to present to the consideration of the honorable Secretary of State what follows:

It is already a notorious fact, as published by the daily press in the United States, as well as in thai of Peru, and neither contrarlicted nor denied, nor called in question by any one, that the armor-clad ships Catawba and Oneota, bought by Messrs. Swift & Co., of Cincinnati, have been purchased for the government of Peru, to which they at this time belong, and that they are preparing for departure, more or less early, bound for that republic, from the port of New Orleans, where they not actually are. This being understood, the undersigned, repeating the

verbal reclamations which he has at various conferences made (714) upon the subject, now addresses himself to the honorable Secte

tary of State, invoking his recognized uprightness, his loyalty toward frienily nations, and the noble perseverance with which he has upheld respect for the laws of neutrality, to the end that he may binder the departure to sea of the monitors Catawba and Oneota while the state of war exists between Spain and Peru.

The undersigned, on the present occasion, thinks he may hope for the most efficient action from the honorable Secretary of State for most especial and extraordinary reasons. First, if the state of war still subsists, it is not by fault of the Spanish government, which has shown dispositions propitious to the adjustment of a peace worthy and honor: able for all parties, having always met the friendly invitations given by the Hon. Mr. Seward, and in consequence suspending active hostilities Secondly, that the government of Her Catholic Majesty having now presented the question of peace in a positive manner to the honorable Secretary of State, it ought to trust, and does trust, that while Pera and the allied republics do not proffer themselves to enter upon the ne gotiations proposerl, the Government of the United States will not consent that in this country any detriment shall occur to the rights of Spain in derogation of the laws of neutrality.

The undersigned avails of this occasion to reiterate to the honorable Secretary of State the assurance of his highest consideration.


[715] *Mr. Goñi, Spanish minister, to Mr. Seward, Secretary of State.



Washington, June 30, 1868. The undersigned, envoy extraordinary and minister plenipotentiary of Her Catholic Majesty, on referring to his note of the 23ļ of May last, relative to the monitors Catawba and Oneota, has the honor to call the attention of the honorable Secretary of State once more to the contents of that note.

Two circumstances more the undersigned to insist again upon this affair : First, it is known to the undersigned that the minister of Peru has solicited permission from the Government of the United States to take possession of the monitors, contending that the existing situation between Spain and Peru is not a state of war, which assertion is entirely without foundation; and second, that the monitors now in the port of New Orleans are not apparently sufficiently guarded to prevent them from going to sea, as the undersigned is aware of no official measures baving been taken to prevent their departure.

In regard to the assertion of the government of Peru, the undersigner! hopes the honorable Secretary has rejected it as it deserves. The state of war between the nations exists so long as the belligerent and interested parties do not stipulate for peace, and in the present case not only has peace between Spain and Peru not been agreed upon, but the

government of Peru has not, up to this time, even accepted the [716] good offices *tendered for that purpose by the Government of the

United States. We cannot conceive, therefore, how the government of Peru could make such a request of the United States, as its grant would imply a violation of the law of nations, a serious offense to the laws of neutrality of this country, and a want of reciprocity in the friendship and concili. atory sentiments manifested by the government of Her Catholic Majesty in accepting the good offices of the Government of the United States for the settlement of the contest. Fortunately the honorable Secretary of State, in his note of the 23d of April, to Mr. Garcia, minister of Peru, expressed his opinion in conformity with this doctrine in judging of the present situation between Spain and Peru, and therefore the undersigned hopes he may be excused for insisting upon that point.

If the government of Peru desires the present situation to be converted into one of peace, why does it not accept the good offices tendered by the Government of Washington! But as it has not accepted them, how can it believe that this Government is to consider the present situ. ation as a state of peace, neither perfect nor imperfect? The undersigned trusts that the honorable Secretary of State will reject such unfounded pretensions as exceedingly inconsistent. From what has been said, the undersigned feels obliged to insist upon the adoption of peremptory measures to prevent the departure of those inonitors. It ap

pears from common report that the said vessels are not in the [717] hands of the local authorities, and it is not known *what order

has been issued about them. The undersigned, therefore, once more invokes justice from the Government of the United States, and begs that immediate measures be taken to detain the monitors Catawba and Oneota.

The undersigned hopes the honorable Secretary of State will be pleased to communicate to him the resolutions adopted in conformity with the claims of right and justice.

The undersigned embraces the occasion to renew to the honorable Secretary of State the assurances of his high consideration.

FACUNDO GONI. Ilon. WILLIAM H. SEWARD, &c., &c., &c.

Mr. Serard, Secretary of State, to Mr. Goni, Spanish minister.


Washington, July 9, 1868. The undersigned Secretary of State of the United States has the honor to acknowledge the receipt of a note from Mr. Goñi, minister plenipotentiary of Her Catholic Majesty, written on the 30th of June last, in which Mr. Goñi directs the attention of the undersigned to the affair of the monitors Catawba and Oneota. Mr. Goñi mentions two cir. cumstances which move him to insist upon the detention of those moni. tors, namely, first, that the minister plenipotentiary of Peru has solicited

permission from the United States Government to take possession of 1718] the monitors, contending that the existing situation*between Spain

and Peru is no longer one of war, which assertion Mr. Goñi pronounces to be entirely without foundation; and secondly, that the moniters now in the port of New Orleans are not apparently sufficiently guarded to prevent them from going to seit, as the undersigned is aware of no official measures having been taken to prevent their departure.

Mr. Goñi dwells upon the fact that the United States have tendered their good offices to Spain and to her antagonists, the Pacitic republics, and that while Spain has promptly expressed her disposition to accept those good offices with a view to the establishment of peace, Peru has not accepted them, nor given any conclusive reply upon the subject. Mr. Goñi argues from this fact that the government of Peru cannot rightfully claim that the Government of the United States shall, during these overtures, pronounce the state of war to be closcd and the state of peace to have been reached by the silent consent and concurrence of the parties.

Upon the grounds thus mentioned, Mr. Goñi feels himself obliged to insist upon the adoption of peremptory measures to prevent the departure of the monitors in question. He fortifies this position by stating from common report that the vessels are not in the hands of the local authorities, and it is not known what orders have been issued about them. He begs, therefore, that immediate ineasures be taken to detaiu the monitors Catawba and Oneota:

The undersigned has the honor, in reply, to inform Mr. Goñi, [719] in the first place, that the Peruvian government, *on its part, in

sists that the situation of war between herself and allies on the one part, and Spain on the other, has practically come to an end by the cessation of all hostilities on either side since the second day of Mas, 1866.

The undersigned has further the honor to inform Mr. Goñi that the Peruvian government alleges in support of its position the fact that Chili and Spain, Chili being one of the allied belligerents and Spain the other belligerent, have, in the present year, voluntarily joined themselves together in peaceful and friendly concert and co-operation in waiving

objections to the clearance from British ports of ships of war for the respective parties. So far as this Department is informed, this statement is not controverted by the Spanish government, and Peru insists that the proceeding is equivalent to an acknowledgment on the part of Spain of the pretensions made by Peru that the situation of war between the belligerent republics and Spain has come to an end. Peru argues in this respect that Spain cannot claim before the government of Great Britain to be at peace, and at the same time claim before the Government of the United States to be at war with Peru and her allies, the position of the United States and Great Britain in regard to the belligerents being identical.

Mr. Goñi is informed, in the third place, that the Peruvian government distinctly proposes to the Government of the United States that, if it shall consent to the clearance of the Catawba and Oneota, the Peru

vian government will give adequate security that those vessels [720) shall not be employed *in any hostile proceeding against Spain or

any other nation on their way to the port of Callao, in the Pacific, but shall keep the peace until the vessels shall have arrived in the harbor of Callao, there to be used for purposes of domestic defense and security.

Mr. Goñi is further informed, in the fourth place, that the House of Representatives having taken the subject of the sale and proposed departure of these vessels into consideration with a view to some possible legislative action thereupon, directions have been given by the Presi. dent that those vessels shall not receive clearance or be permitted to depart while the subject is engaging the attention of Congress. The vessels are for this reason detained at present, and will be so temporarily detained, whatever appearances or presumptions to the contrary may anywhere exist.

În consequence of the proceedings of the House of Representatives which have been referred to, it seems to the President that the occasion has not yet arrived when it will be necessary for him to decide the grave question which has been raised before this Government between the ministers of Spain and Peru, namely, the question whether the war which was heretofore waged between those nations has been practically brought to an end or not. Frankuess, however, obliges the undersigned to say that unless some unforeseen circumstances shall soon occur, the time for acting upon that question would seem to be near at hand.

The undersigned freely admits the difficulties which are likely [721] *to attend the decision of the question.

It is certain that a condition of war can be raised without an authoritative declaration of war, and, on the other hand, the situation of peace may be restored by the long suspension of hostilities without a treaty of peace being made. History is full of such occurrences. What period of suspension of war is necessary to justify the presumption of the restoration of peace, has never yet been settled, and must in every case be determined with reference to collateral facts and circumstances.

The proceedings of Spain and Chili which have been referred to, although inconclusive, require an explanation on the part of either of those powers which shall insist that the condition of war still exists. Peru, equally with Spain, has as absolute a right to decline the good offices or mediation of the United States for peace as either has to accept the same. The refusal of either would be inconclusive as an evidence of determination to resume or continue the war. It is the interest of the United States, and of all nations, that the return of peace, however it may be brought about, shall be accepted whenever it has

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