Mr. Cushing, Attorney-General, to Mr. McKeon, district attorney.
Sir: I am directed by the President to inclose to you the within communication, addressed to Captain Boar man, containing proper authority for the detention of the steamer United States.
As the authority thus conferred is of a high and responsible nature, it is not in the present case to be exercised, except it shall appear to you that all ordinary legal means to pre vent the departure of the United States shall have been exhausted. Captain Boarman has been directed to advise with you in whatever he shall have occasion to do in the *execution of this order. [180]
The President has authorized the present proceeding under the sense of his general obligation to take care that the laws be faithfully executed, and in discharge of his particular obligation to prevent the fitting out within the United States of any hostile expedition against foreign States in amity with the United States; and he cannot in this case entertain any doubt of his duty to interpose, in view of the fact that the parties now stand indicted before the district courts of the United States for the southern district of New York and the eastern district of Pennsylvania, on the charge of being engaged in a military enterprise against the republic of Nicaragua, in the prosecution of which they have chartered the steamer United States.
I have the honor to be, very respectfully,
Hon. John McKeon,
United States Attorney.