terms of the capitulation, in which that vessel was not mentioned He caused her to be seized by his first lieutenant, who sprung upon her the broadside of the St. Mary, and started a hundred men in boats to board her. Captain Fayssoux, with his crew, (then of seventeen men,) prepared for action, and only surrendered her on the written order of President Walker, who ordered him to yield to this demonstration of overwhelming force.

"After taking possession of her, Captain Davis handed over this Nicaraguan schooner, not to the Nicaraguan insurgents, but to the Costa Ricans, who had no claim to her, and who could never have taken her, for the simple reason that they had already lost in the attempt their only man-of-war, the brig Onse de Abril, which, of the burden of two hundred and twenty-five tons, with four nine-pounders, and a crew of one hundred and eighteen men, was destroyed after a desperate action by the little schooner Granada, of seventy-five tons, with two sixes, and twenty-eight men crew. Her gallant captain had the mortification of seing her given up by Captain Davis to a Costa Rican Captain, a Jamaica negro, who had formerly been servant to an American officer.

After this step, the two vessels which constituted the Guatemala navy, and to which the Granada had vainly offered battle, put to sea, and thereby obtained the opportunity of recently murdering, for the sake of his cargo, Christopher Lilly, an American neutral, trading on the coast." (Ex. Doc. No. 24, 35th Cong., 1st Sess., p. 22.)

CHAPTER XXIII.

NICARAGUA THREATENS TO SUSPEND THE TRANSIT-HER PREAMBLE AND DECREES-LIEUT. ALMY APPLIES FOR INSTRUCTIONS-SUPPOSES A CASE IN WHICH FILLIBUSTERS FIGURE LARGELY-DELICATE POINTS GROWING OUT OF

IT DOES NOT WISH TO COMPROMISE OUR GOVERNMENT-SECRETARY TOUCEY POSTS HIM UP-SAYS HE MUST PREVENT FILLIBUSTERS FROM LANDING COMMODORE PAULDING HEARD FROM-SAYS HARD THINGS ABOUT WALKER AND HIS MEN-CONSIDERS HIS REASONS QUITE SUFFICIENT FOR SENDING THE FILLIBUSTERS HOME-REFUSES ANY CO-OPERATION FROM OTHER POWERS -WALKER GIVES HIS PAROLE OF HONOR-GOES HOME AT HIS OWN EXPENSEGIVES HIMSELF UP TO MARSHAL RYNDERS-SENOR YRISARRI WRITES TO MR. CASS-SAYS NICARAGUA CONFIRMS THE CONTRACT WITH THE TRANSIT COMPANY-THANKS THE UNITED STATES FOR TAKING WALKER AWAY-THINKS SHE DID THE HANDSOME THING-WANTS HIS LETTER PUBLISHED.

THE decree of Nicaragua to suspend the Transit, in the event of the appearance of freebooters in Central America is dated Managua, August 31, 1857, and is as follows:

"Administrative Department of the Supreme Government of the Republic of Nicaragua-God! Union! Liberty-The

Supreme Executive Power has been pleased to issue the following decree:

Whereas, the Atlantic and Pacific Maritime Canal Com.

pany are about to commence the re-establishing of the

line of Transit from one sea to the other, from San Juan del Norte, to San Juan del Sur, and vice versa, as it is stipulated in the agreement of the 22d of September, 1849, the supplementary one of the 11th of April, 1850, and in the last of the 19th of June of the present year, which resolves the conditions of Article 30 of the original contract; and—

"Whereas, said establishment is of the highest interest to the United States of North America, and for the nations of the world in general, which advantages the Government of Nicaragua protects, so long as the freebooters shall not make attempts against the Independence of this Republic, and that of the other States of Central America: Decrees,

"Article 1. The Republic of Nicaragua protests against all and whatever attempts which freebooters and pirates, of any denomination or from any quarter, may make against her independence, or against that of any other of the States.

"Article 2. From the moment that such freebooters may make their appearance, and that it shall be known that they are preparing a new invasion, or that in effect they intend such. against the Republic or against the other States of Central America, the Transit shall be suspended, as all the effects of

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the agreement entered into with the Maritime Canal Company on the 19th of June.

"Article 3. Should such an attempt or invasion take place after the re-establishment of the Transit by said Company, and the latter have complied strictly with the conditions of the contract relative to assistance to Nicaragua in defending her independence, her sovereignty over the Isthmus, and the neutrality of the same; or should said Company, before the restoration of the Transit, lend efficient aid and co-operation in said defense, it will, in the former case, continue in operation, and in the latter, the Transit shall not be closed, nor will any change be allowed in the exercise of the rights stipulated for the Company in said contract.

"Article 4. Let this be communicated to the Minister Plenipotentiary in Washington, to the President of the Company, and to the Ministers on the Diplomatic list."

The following letter from Lieut. Almy, dated Oct. 7, 1847, to the Secretary of the Navy, asking for instructions relative to the course to be adopted by him in the event of seizing a "suspicious vessel," bears upon the question of the Right of Search, and is highly interesting, as is also the Secretary's reply thereto, dated Oct. 12, 1857.

"In regard to the instructions received by me from the Navy Department, dated the 3d instant, I am there referred. for my guidance to the law enacted by Congress, approved

April 20, 1818, entitled 'An Act for the punishment of certain crimes against the United States,' and am also referred to a Circular issued by the State Department, dated September 18, 1857, addressed to various civil officers of the United States. "These directions to preserve the neutrality of the country are very plain for the government of officers where they are required to act in the ports of, or in the jurisdiction of, the United States; but I must confess that I might find myself embarrassed when required to act in a foreign and neutral port. Therefore, I must be pardoned for soliciting from the Honorable Secretary of the Navy answers to certain questions, and more specific instructions in the premises.

"Suppose, for instance, that, while lying in a port of Central America, an American steamer should enter having on board a large number of men whom I suspect of being 'fillibusters' people intending to land for the purpose of obtaining possession of the country, and of forming a Government there. Must I seize this vessel and bring her into a port of the United States, or merely use the force placed at my command to prevent their landing?

"It is generally conceded that American citizens have a right to travel and go where they please. Suppose that this suspicious body of men inform me that they are going to travel-that their intention is to cross the Isthmus, or intend to settle peaceably in the country for the purpose of developing