The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-03-09

| II
dent should have appeared in last weeks Senti-
mel but was crowded out
| To the Senate and House of Representatives:
The brief period which remains Of your pres
ent session, and the great urgency and impor-
tancc oflegslative action, before its termination
for the protection of American citizens and
their property whilst in transit across the 18th
mus between our Atlantic and Pacific posses
sions, rend,r it my duty to recall this subject
to your notice have heretofore presented il
in my annual message Of Dec. 1857 and 1858,
10 which beg leaf to refer. In the latter
stated that the executive government Of tn is
country in its intercourse with foreign nations
is limited to diplomacy alone; where this fails
it can proceed no farther. 1t cannot legitimate
ly resort to force without the direct authority
of Congress. except in resisting and repelling
hostile attacks. It would have no authority 10
enter the territories of Nicaragua even to pre-
vent the destruction Of the transit and protect
the lives and property Of our own citizens on
their passages. .......
It is true that on a sudden emergency of this
character the President would direct any armed
force in the vicinity to march to their relief, but
| in doing this he would act upon his own res
possibility. Under these circumstances | ear
nestly recommend to Congress the passage OF
an act authorizing the President, under such
restrictions as they may deem proper, to en-
ploy the land and naval force Of the U. S. in
preventing the transit from being obStructed or
closed by lawleSs violence, and in protecting the
! lives and property Of American citizens travel
! ing thereupon, requiring at the same time that
these forces bc withdrawn the moment the dan
ger shall have passed away. Without such a
provision our citizens will be constantly expo
sed to interference in their progress and to law
| less violence. ''-'
A similar necessity exists for the passage Of
such an act for the protection Of the Panama
and Theauntepec routes.
Another subject equally important demands
the attention of the Senate. Since the last seS-
sion the republics south OF the U. s. have un-
fortunately been in state of revolution and
civil war. Ever since they achieved their in
dependence, as one or another party, has pre-
vailed and obtained possession Of their ports
open to foreign commerce, they have seized and
and confscated American vessels and their car
goes in an arbitrary and lawess manner, and
exacted from our citizens by forced loans and
other violent proceedings, funds to enable them
to carry on hostiities.
The executive Governments OF Great Britain
France and other countries possessing the war
making power can promptly employ the neces-
saay means to enforce immediate redress for
Similar outrages upon their subjects Not so
the Executive Government Of the U. s. If the
President ordered a vessel Of war to any of
these ports to demand prompt redresss for out.
RACES committed the offending parties are we'll
aware that the commander could do no more
than demonstrate. He can resort to no hostile
act the question must then be referred to dip.
lomacy and in many cases adequate redress can
mover be obtained Thus American citizens
are deprived Of thu same protection under the
/ flag of their own country which the subjects of
other nations enjoy.
The remedy for this state otthngs can onry
be supplied by Congress since the Constitution
! has contfded to that body alone the power to
make war Without the authority Of Congress
the President cannot direct any force, however
near it may be to the scene OF difficulty. to en-
ter the territory Of Mexico, or Nicaragua, or
| New Grenada, for the purpose of defending the
persons and property of American citizens,
even though they may be violently assaled,
while passing in peaceful transit over the Te-
hauntepec, Ncaraguian or Panama routes, he
cannot without transccnding his Constitutional
power direct gun to be fired into any port, or
land seaman or mariner to protect the lives
Of Que countrylnen on shore, or to obtain redress
for recent outrage on their property. Fhe
banditti which infcst our neghboring Republic
of Mexico always claiming to belong to one or
the other Of the hostile parties which might
make sudden decent upon Vera Cruz or the
Tehanntepec route, and he would have no pow
er to employ force on shipboard in the vicinity
for their relief ncithe to prevent the plundcr Of
their merchants or the destruction Of the tran
sit. ..,
In reference to countries where the local au-
] thorites are strong enough to enforce laws the
difficulties here indicated can seldom happen,
but where that is not the case, and the local au
thorites do not possess the physical power even
if they possess the will to protect our citizens
within their limits. Recent experience has
shown that the executive should itself be au-
thorized to render this protection, such grant
OF authority thus united in its extent could in
no Just sense be regarded rs trans Ter Of the
war making power to the Executive, but only
as an appropriate exercise that power by the
body to whom it exclusively belongs" d. "''" 4
The riot in Panama in 1855, in which a great
number Of our citizens list their lives furnish
es pointed illustration Of the necessity which
NAV arise for the exercise Of this authority.
therefore earnestly recommend to Congress, on
whom responsibility exclusively rests, to pass
alaw before their adjournment conferrirg on
the President the power to protect the lives and
property OF American citizens in the cases
which have indicated under such restrictions
land conditions as they may deem advisable. b.
The knowledge that such law exists wouli
ofitselr 20 far to prevent the outrages which it
is intended to redress and render the employ.
ment Of force unnecessary. Without this, the
| President Of the U. 8. may be placed In pain
ful situation before the meeting Of the next
Congress- 'i 2a EsH e1 ".@g ae3 r.
In the present disturbed condition Of Mexico
and ono or more Of the Republics south of as
. no person can forsee what occurrences may
take place before that period. In case Of emer-
gency, our ctizcns, seeing that they do not en-.
Ejoy the same protection with the subjects o
European Governments, will have just cause to
complain. yea. #'ia 3'" '&' aa .'1s'a 'a
On the other hand, should the Executive in
terpose, and especially should the result prove
i disastrous and valuable lives be lost, he might
subject himself to a severe censure for having
assumed apower not granted 10 him by the
Constitution. 1t is to guard against such q
contingency that I now appeal to Congress
Having thus recommended to Congress meas.
ure which deem necessary and expedient ioI
the interests and honor OF our country, leave
the whole subjectt to their wisdom and discre
i tion +"H "to. ~. ~ 'A' if'c "t'
(Signed,) gdi JAMES, BUG CHANAN.
Dated Washington Feb l8, 1850. -y98as @a
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incompetence OF Onr state Officsrs