The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-02-24
From Washington.

HodSe of Representatives. line oTleI peTloo
which remains Of your present session, and
The great urgency and importance OF iegis'
IatiVe action before its termination, for the
protection OF American citizens and their
property, whilst in transit across the lsthmusI
routes between our Atlantic and Pacific pos
sessions, render it my duty again to recall
this subject to your notice. ! have hereto
fore presented it in my annual messages,
both OF December, 1857 and 1868, in which
beg leave to refer. In the latter, | state
that the Executive Government of this coun-
try in its intercourse with foreign nations is
limited to the employment of diplomacy
alone.' When this fails, 1t can proceed no
further. 1t cannot legitimately resort TO
force without the direct authority Of Con.
gress, except in resisting and repeling hos.
tile attacks. II would have no authority to
enter the territory of Nicaragua, even to pre-
vent the destruction Of the transit, and pro-
tect the lives of our own citizens on their
passages. 1t is true that on sudden emer.
gency OF this character, the President could
direct any armed force in the vicinity to
march to their relief, but in doing this he
would act upon his own responsibility. Un-
der these circumstances Earnestly recon-.
mend 10 Congress the passage OF an act au-
thorizing the President, under such restrc-
tions as they may deem proper, to employ
the land and naval forces Of the United
States in preventing the transit from being
obstructed or closed by awle violence, and
in protecting the lives and property Of Amer !
lean citizens travelling thereupoD, requiring
at the same time that these iorces shall be
withdrawn the moment the danger shall have
passed away. Without such provision our
citizens will be constantly exposed to inter-,
ference in their progress and to lawless vio-
lence. A similar necessity exists for the
passage Of such an act for the protection of
the Panama and Tehuantepec routes. An
other subject, equally important, commanded
the attention of the Senate OF the last ses-
sion of Congress. The Republics south of
the United States, on this Continent, have
unfortunately been frequently in stute OF
revolution and civil war ever since they
achieved their ndepend nee. As one or
other party has prevailed and obtained S.
session of the ports open to foreign COM
merce, they have seized and confiscated
American vessels and their cargoes in an
arbitrary and lawless manner, and ex,cted
money from American citizens by forced
laws and other violent proceedings, 10 en-.
able them to carry on hostilitIes. The ex
ecutive government OF Greet Britain, France
| and ether countries possessing the war max
ing power, can promptly employ the neces-
slrv means to enforce immediate redress for
similar outrages upon their subjects. Not
50 with the executive government of the
United States. II the President orders
Of 70 do
mand prompt redress for outrage3 commit
I ted, the offending parties are we'll aware tn It
in case Of refusal the commander could only
remonstr0te-he can resort to No hostile
act. The qnstion must then be referred to
! diplomacy, and in many Cases fdequate re-
dress can never be obt iined. Thus, Amer-
can citizens are deprived Of the same pro-
lection under the flag of their country which
! the subjects of other nations enjoy. The
remedy for this state Of things can on y be
supplied by Congress, since the Constitution
has confioed to lhat body alone the power
| to make war. Without The authority OF
! Congress, the executive cannot lawfully d.
rect any force however near it may be to the
scene Of difficulty, TO enter the territory Of
| Mexico, Nicaragua or New Grt rtnado, for the
purpose of defending the persona and prop
erty of American citizens, even though they
may be violently pssaed whil.t passing in
peaceful transit over the Tthuantepec, N ic-
ar0gu or Panama routes. He cannot, with
out ,ransCeDding his constitutional power,
direct gun to be fired into port, or land
seaman or marine to protect the lives OF cur
countrymen on shore, or obtain redress for
a recent outrage on their property. The
bandiui which infeSt our Eeighb0ring repub-
lie Of Mexico, always claiming TO belong to
one or the other OF the hostile parties, might
make sudden descent on Vera Cruz. on
the Tehuantopec r,ule, and be would have
no power to employ the force on shipboard
in the vicinity tor their relief, either to pre-.
vent the piunder OF cur merchants or the
dssructi3n OF the transit. In reference to
countries where the local authorities are
strong enough to enforce the laws, the diff
Guilty here indicated seldom happens /; but
where this is not the case, and the local au-
thorities do not possess the physical power,
even II they possess the Will, TO protect our
citizens within their limits, recent expert.
ence has shown that the American Execu-
tive should himselfbe suthor zed to render this
protection. Such grant Of au horiy, thus
limited in its extent, could in no just sense
be regarded as a transfer Of the war making
power TO the Executive, but only as an ap
propriate exercise of thlt power by the body
to whom it exclusively belongs. The riot
at Panama in 1856, in which great number
Of our citizens lost their lives, furnishes q
| pOinted illustration of the n cessity hich
4 may arise for the exercise OF this authority.
therefore earnestly recommend to Con-
gress, on whom the res possibility exclusive.
| ly rests, 10 pass a law before their adjourn.
ment, comforting on the President the pow
er to protect the lives and property Of Amer.
lean citizens in the cases which have indi-
Gated, under such restrictions and conditions
us they may deem advisable. The knowl-
edge that such law exists, would, of itself,
j go far to prevent the outroges which it is in
tended to redress, and render the employ.
ment OF force unnecessary without this, the
President of the United States may be pluc,
ed in painIul position before the meeting
of the next Congress, in the present disturb
ed condition of Mexico, and one or more Of
the other Republics south Of Us. No person
can foresee what occurrences may take
place before that period, in case of emergen-
cy. Our citizens, seeing that they do not
enjoy the same protection with subjects oil
European governments, will have just cause
to complain. On the other hand, should
the Executive interpose, and especially,
should The result prove disastrous, and va1.
able lives bc lost, he might subjecthimsel Il
to severe censure for having assumed q pow.
er not confded to him by the Constitution.
1t is to guard against this contingency that