The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-02-23
Special Message Of the President
WASHINGTON. Feb. lS.

l.
message to congress as follows:
To the Senate and House of Representa-
ives: The brief period which remains of
your present session, and the great urgen-
cy and Importance of legislative action
before it's termination for the protection
of American citizens and their property,
whilst in transit across the Isthmus routes
between our Atlantic and Pacific posses
sions, reEcers it my duty again to recall
this subject to your notice. have here
tofore presented it in my annual Message
both of December Is57-5s, to which 1
beg leave to refer. e
In the latter I state that the Execu-
tive Government of his country in its in
tercourse with foreign nations, is limited
to the employment of diplomacy alone -
When this fails it can proceed no further.
1t cannot legitimately resort to force with
out the direct authority of Congress, ex-
cept in resisting and repelling hostile at
tacks. 1t would have no authority to en-.
ter the territories of Nicaragua, even to
prevent the destruction of transit, and
protect the lives and property OF our own
citizens on their passages.
1t is true that on q sudden emergency
of this character the President would d.
rect any armed force in the vicinity to
march to their relief, but in doing this
he would act upon his own responsibility.
Under these circumstances, I earnestly
recommend to Congress the passage of an
act authorizing the President, under such
restrictions as they may deem proper, to
employ the lend ind naval forces of the
United States in preventing the transit
from being ebstructed or closed by law
less violence, and in protecting the lives and
property of American citizens, travelling
thercupon. Requiring at the same that
these forces shall be Withdrawn the mo-
ment the danger shall have passed away.
Without such provision our citizens
will be constantly exposed to interference
in their progress, and to lawless violence.
A similar necessity exists for the pas
sage of such an act for the protection OF
the Panama and Tehauntepec routes.
Another subject equally important com.
manded the attention of the Senate at the
last session of Congress. .ss.,..
The republics South of the U. States
on this continent, have unfortunately been
frequently in q state of revolution and
civil war ever since they achieved theil
, independence. As one or o.her party has
prevailed and obtained possession of the
, ports open to foreign commerce, they
have seized and confscated American
vessels and their cargoes in an arbitrary
and lawless manner, exacting money from
American citizens aud other violent pro
ceedings to enable them to carry on hos
3 tilities +. s8,ri e4sg eq 9ifs
,, The executive governments of Grea
Britain, France, and other countries, pos
, sessing the war making power, cat
,, promptly employ the necessary means .ts
enforce immediate redress for similar out
, RACES upon their subjects. Not so will
, the executive government ofthe United
States. IF the President orders q vesse
, of war to any of these ports to demant
prompt redress for outrages committed
E the offending parties are well aware tha
/,
do no more than demonstrate. He car
, resort to no hostile act. fa,3t .,.4l.;,
The question must then be referred t.
, diplomacy, and in many cases adequate
redress can never be obtained. Thu
American citizens are deprived ofthe sam
. protection under the flag of their countr.
which the subjects of other nation
o enjoy. ,... ...t m g
+ The remedy for this state of things cal
only be supplied by Congress, since tn
Constitution has ,conided to that bod
o alone the power to make war. Withou
q the authority of Congress the Executiv
cannot lawfully direct any force, howeve
: near it may be to the place of difficulty
y to enter the territories Of Mexico. Nicar
: aqua or New Granada, for the purpose G
defending the persons or property {
II American citizens, even though they ma
,f be violently assailed whilst passing j
Il peaceful transit over the Tehauntepet
!. Nicaragua or Panama routes He, car
). not, without transcending his constitution
% al power, direct gun to be fred into
T pOrC, or lanu Seuludu VI iudrlcuc W pCi
tect the lives of our countrymen on shor
10 or to obtain redress for recent outrag
. on their property. -4... ..s.s q.
~ The banditti which infest our neighbo
a ing Republic of Mexico, always claimin
N to belong to one or the other of the ho
:; tile parties, might make a sudden dece1
a. in Vera Cruz or on the Tehaupteps
:. route, and he would have no power
,i employ the force on shipboard in the '
he cinity for their relief, either to prevent II
n. plunder of our merchants of the destru
of ton of the transit. .trt 3..I
=. In reference to countries where the !
cal authorities are strong enough to e
20 force the laws, the difficulty here indie
he ted. seldom happens, but where this is n
IN the case, and the local authorities do n
no possess the physical power, even if th
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