will result in success I am not yet prepared to express an opinion. A brief period will determine.

With France our ancient relations of friendship still continue to exist. The French Government have in several recent instances, which need not be enumerated, evinced a spirit of good will and kindness towards our country which I heartily reciprocate. It is, notwithstanding, much to be regretted that two nations whose productions are of such a character as to invite the most extensive exchanges and freest commercial intercourse, should continue to enforce ancient and obsolete restrictions of trade against each other. Our commercial Treaty with France is, in this respect, an exception from our Treaties with all other commercial nations. It jealously levies discriminating duties both on tonnage and on articles, the growth, produce, or manufacture of the one country, when arriving in vessels belonging to the other.

More than forty years ago, on the 3rd March, 1815,* Congress passed an Act offering to all nations to admit their vessels laden with their national productions into the ports of The United States upon the same terms with our own vessels, provided they would reciprocate to us similar advantages. This Act confined the reciprocity to the productions of the respective foreign nations who might enter into the proposed arrangement with The United States. The Act of 24th May, 1828,† removed this restriction, and offered a similar reciprocity to all such vessels, without reference to the origin of their cargoes. Upon these principles our commercial Treaties and arrangements have been founded, except with France, and let us hope that this exception may not long exist.

Our relations with Russia remain, as they have ever been, on the most friendly footing. The present Emperor, as well as his predecessors, have never failed, when the occasion offered, to manifest their good will to our country; and their friendship has always been highly appreciated by the Government and people of The United States.

With all other European Governments, except that of Spain, our relations are as peaceful as we could desire. I regret to say that no progress whatever has been made, since the adjournment of Congress, towards the settlement of any of the numerous claims of our citizens against the Spanish Government. Besides, the outrage committed on our flag by the Spanish war-frigate Ferrolana on the high seas, off the coast of Cuba, in March, 1855, by firing into the American mail-steamer El Dorado, and detaining and searching her, remains unacknowledged and unredressed. The general tone and temper of the Spanish Government towards that of The United States are much to be regretted. Our present Envoy Extraordinary * Vol. II. Page 985. Vol. XV. Page 1032.

and Minister Plenipotentiary to Madrid has asked to be recalled; and it is my purpose to send out a new Minister to Spain, with special instructions on all questions pending between the two Governments, and with a determination to have them speedily and amicably adjusted, if this be possible. In the meantime, whenever our Minister urges the just claims of our citizens on the notice of the Spanish Government, he is met with the objection that Congress has never made the appropriation recommended by President Polk, in his Annual Message of December, 1847, "to be paid to the Spanish Government for the purpose of distribution among the claimants in the Amistad case." A similar recommendation was made by my immediate predecessor, in his Message of December, 1853; and entirely concurring with both in the opinion that this indemnity is justly due under the Treaty with Spain of the 27th of October, 1795,* I earnestly recommend such an appropriation to the favourable consideration of Congress.

A Treaty of Friendship and Commerce was concluded at Constantinople on the 13th December, 1856,† between The United States and Persia, the ratifications of which were exchanged at Constantinople on the 13th June, 1857, and the Treaty was proclaimed by the President on the 18th August, 1857. This Treaty, it is believed, will prove beneficial to American commerce. The Shah has manifested an earnest disposition to cultivate friendly relations with our country, and has expressed a strong wish that we should be represented at Teheran by a Minister Plenipotentiary; and I recommend that an appropriation be made for this purpose.

Recent occurrences in China have been unfavourable to a revision of the Treaty with that Empire of the 3rd July, 1844,‡ with a view to the security and extension of our commerce. Article XXIV of this Treaty stipulated for a revision of it, in case experience should prove this to be requisite; "in which case the two Governments will, at the expiration of twelve years from the date of said Convention, treat amicably concerning the same, by means of suitable persons appointed to conduct such negotiations." These twelve years expired on the 3rd July, 1856; but long before that period it was ascertained that important changes in the Treaty were necessary; and several fruitless attempts were made by the Commissioner of The United States to effect these changes. Another effort was about to be made for the same purpose by our Commissioner, in conjunction with the Ministers of England and France, but this was suspended by the occurrence of hostilities in the Canton River between Great Britain and the Chinese Empire. These hostilities have necessarily interrupted the trade of all nations with Canton, which is now in a state of blockade, and have * Vol. VIII. Page 540. † Page 355. Vol. XXXII. Page 791.

occasioned a serious loss of life and property. Meanwhile the insurrection within the Empire against the existing Imperial dynasty still continues, and it is difficult to anticipate what will be the result.

Under these circumstances, I have deemed it advisable to appoint a distinguished citizen of Pennsylvania Envoy Extraordinary and Minister Plenipotentiary to proceed to China, and to avail himself of any opportunities which may offer to effect changes in the existing Treaty favourable to American commerce. He left The United States for the place of his destination in July last, in the war steamer Minnesota. Special Ministers to China have also been appointed by the Governments of Great Britain and France.

Whilst our Minister has been instructed to occupy a neutral position in reference to the existing hostilities at Canton, he will cordially co-operate with the British and French Ministers in all peaceful measures to secure by Treaty stipulations those just concessions to commerce which the nations of the world have a right to expect, and which China cannot long be permitted to withhold. From assurances received, I entertain no doubt that the three Ministers will act in harmonious concert to obtain similar commercial Treaties for each of the Powers they represent.

We cannot fail to feel a deep interest in all that concerns the welfare of the independent Republics on our own continent, as well as of the Empire of Brazil.

Our difficulties with New Granada, which a short time since bore so threatening an aspect, are, it is to be hoped, in a fair train of settlement in a manner just and honourable to both parties.

The Isthmus of Central America, including that of Panama, is the great highway between the Atlantic and Pacific, over which a large portion of the commerce of the world is destined to pass. The United States are more deeply interested than any other nation in preserving the freedom and security of all the communications across this isthmus. It is our duty, therefore, to take care that they shall not be interrupted either by invasions from our own country or by wars between the independent States of Central America. Under our Treaty with New Granada of the 12th December, 1846, we are bound to guaranty the neutrality of the Isthmus of Panama, through which the Panama railroad passes, "as well as the rights of sovereignty and property which New Granada has and possesses over the said territory." This obligation is founded upon equivalents granted by the Treaty to the Govern ment and people of The United States.

Under these circumstances, I recommend to Congress the passage of an Act authorizing the President, in case of necessity, to employ the land and naval forces of The United States to carry into effect this guarantee of neutrality and protection. I also recommend

similar legislation for the security of any other route across the isthmus in which we may acquire an interest by Treaty.

With the independent Republics on this continent it is both our duty and our interest to cultivate the most friendly relations. We can never feel indifferent to their fate, and must always rejoice in their prosperity. Unfortunately, both for them and for us, our example and advice have lost much of their influence in consequence of the lawless expeditions which have been fitted out against some of them within the limits of our country. Nothing is better calculated to retard our steady material progress, or impair our character as a nation, than the toleration of such enterprises in violation of the law of nations.

It is one of the first and highest duties of any independent State, in its relations with the members of the great family of nations, to restrain its people from acts of hostile aggression against their citizens or subjects. The most eminent writers on public law do not hesitate to denounce such hostile acts as robbery and murder.

Weak and feeble States, like those of Central America, may not feel themselves able to assert and vindicate their rights. The case would be far different if expeditions were set on foot within our own territories to make private war against a powerful nation. If such expeditions were fitted out from abroad against any portion of our own country, to burn down our cities, murder and plunder our people, and usurp our government, we should call any Power on earth to the strictest account for not preventing such enormities.

Ever since the administration of General Washington, Acts of Congress have been in force to punish severely the crime of setting on foot a military expedition within the limits of The United States, to proceed from thence against a nation or State with whom we are at peace. The present neutrality Act of April 20, 1818,* is but little more than a collection of pre-existing laws. Under this Act, the President is empowered to employ the land and naval forces and the militia "for the purpose of preventing the carrying on of any such expedition or enterprise from the territories and jurisdiction of The United States," and the collectors of Customs are authorized and required to detain any vessel in port when there is reason to believe she is about to take part in such lawless enterprises.

When it was first rendered probable that an attempt would be made to get up another unlawful expedition against Nicaragua, the Secretary of State issued instructions to the marshals and district attorneys, which were directed by the Secretaries of War and the Navy to the appropriate army and navy officers, requiring them to * Vol. IX. Page 382.

be vigilant, and to use their best exertions in carrying into effect the provisions of the Act of 1818. Notwithstanding these precautions, the expedition has escaped from our shores. Such enterprises can do no possible good to the country, but have already inflicted much injury 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 concerned. In a pecuniary point of view alone, our citizens have sustained heavy loses 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 discharged on giving bail for his appearance in the insufficient sum of 2,000 dollars.

I commend the whole subject to the serious attention of Congress, believing that our duty and our interest, as well as our national character, require that we should adopt such measures as will be effectual in restraining our citizens from committing such outrages.

I 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, 1853. The reasons assigned for this refusal will appear in the correspondence herewith submitted.

It being desirable to ascertain the fitness of the River La Plata and its tributaries for navigation by steam, The United States steamer Water Witch was sent thither for that purpose in 1853. This enterprise was successfully carried on until February, 1855, when, whilst in the peaceful prosecution of her voyage up the Parana river, the steamer was fired upon by a 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 attack was made was a decree of the President of Paraguay of October, 1854,* prohibiting foreign vessels of war from navigating the rivers of that State. As Paraguay, however, was the owner of but one bank of the river of that name, the other belonging to Corrientes, a State of the Argentine Confederation, the right of its Government to expect that such a decree would be obeyed cannot be acknowledged. But the Water Witch was not, properly speaking, a vessel of war. She was a small steamer engaged in a scientific enterprise intended for the advan tage of commercial States generally. Under these circumstances, I am constrained to consider the attack upon her as unjustifiable, and as calling for satisfaction from the Paraguayan Government.

*Vol. XLV. Page 1312.