The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-19

NEW YOR
and the great urgency and importance o( essa. ivs
action before it's ter nation, for the protection Of An
can citizens and their property whilst in transit across
the sthmus between Atlantic and Pacific possessions
render my duty again 10 recall this subject to your
notice.
have heretofore presented Il in my annual messages
both Of December 1857, and December 1865 which
beg leave REFER In the latter state that the Execu-
tive government Of this country It's intercourse with
foreign nations s limited to the employment Of diplomacy
Alone Where this fails, IL proceed further. II
cannot egtimatey resort 10 force without the direct
authority Of Congress, except In resisting and repe
ing hostile attacks. It would have no authority
TO the territories of Nicaragua even to prevent the
destruction Of the transit and protect the lives and pro-
rerty Of citizens on their passages u 10 true
that on sudden emergency Of this character the Pres
dent would direct any armed force in the vicinity TO
march 10 their relief but in doing this he would act upon
his own responsibility.
Under these circumstances earnestly recon-
commend to Congress the passage Of an act
authorizing the President, under such restrictions
they may deem proper employ the land and naval
forces Of the United States preventing the transit from
being Instructed closed by awless violence, and in
protecting the lives and property Of American citizens
travelling thereupon, requiring, at the same time,
that these forces shall be Withdrawn the moment
the danger shall have passed away. without
such provision citizens will be constantly exposed TO
interference their progress and to lawless violence.
similar necessity exists for the passage of such for
the protection the Panama and Tehuantepcc routes
Another subject, equally important, command
ed the attention of the Senate ut the last
sion of Congress. The republics south Of the
Ctatoo hnva
been state of revolution and civil since they
achieved their independence. As other party has
prevailed and obtained possession of their ports open
foreign commerce, they have seized and confscated
American vessels and their cargOes In an arbitrary
and lawless manner, and exaced money from American
citizens by forced loans and other violent proceedings 10
enable them carry hostites. The executive govern
ments Of Great Britain, France and other countries,
possessing the making power, can promptly employ
the nece means to enforce immediate redress fot
similar outrages upon their subjects Not 90 the
tive government of the United States the President
orders vessel Of any of these ports to demand
prompt redress for ouIages committed the offending
well that in Of refusal the commander
could DO than demonstrate He resort TO
hostile The question must then be referred to dipo
macy, and in many adequate redress be
obtained. Thus American citizens deprived Of the
protection under the flag of their country which the
subjects Of other nations enjoy.
The remedy for this Of things only be sup
piled by Congress since the constitution has conded to
body alone the power make war; without the
thorty of Congress the President cannot lawfully direct
any fore however near it may be to the
Of difficulty, to enter the territory Of Mex-
co, Nicaragua or New Granada for the purpose
Of defending the persons and property Of American
citizens, though they may be violently assaied
in Tho Tahu
Nicaragua Panama routes He cannot, without
transcendpg his constitutional power direct gun be
fired into port, land marine protect
the lives Of countymen Shore to obtain redress
for recent outrage their property The bandti which
nfes neehborng republic Of Mexico always claiming
to belong to the other Of the hostile parties might
make sudden descent Vera Cruz the Tehuanepec
route and he would have power to employ the force
shpkoard in the vicinity for their relief either pre-
vent the punder Of merchants the destruction Of
the Transit In reference 10 countries where the local
authorities are strong enough to enforce the laws the
difficulties here indicated seldom happen but where
this not the case, the local authorities DO not possess
the physical power they possess the WILL protect
citizens within their limits Recent experience has
shown that the American executive should ITSELF be
thorized to render this protection Such grant Of
thoriy, thus limited In Its extent could In just be
regarded az transfer of the war making power TO the
Executive but only as an appropriate exercise Of that
power by the body to whom IL exclusively belongs. The
riot in Panama in 1885, in which great number Of
citizens lost their lives, furnishes pointed illustration
Of the necessity which may arise for the exerton of this
authority.
Therefore earnestly recommend TO Congress, whom
the responsibility exclusively rests passa law before
their adjournment comforting the President the power
to protect the lives and property Of American citizens
the which l have indicated, under such
restrictions and conditions they may deem ad-
visabe. The knowledge that such o law exists
would Of itself 90 far to prevent the outrages which
it is intended to redress, and render the employment of
force unnecessary. Without this, the President of the
United States may be placed in painful position before
the meeting of the next Congress- In the present dis.
urbed condition of Mexico and of the other
republics south Of us, no person foresee what
occurrence may take place before that period In
of emergency citizens seeing that they do enjoy
the protection with the subjects Of European 60.
vernmens, will have just to complain. On the
other hand should the Executive ntepose and especially
should the result prove disastrous and valuable lives
be lost he might subject himself TO censure for
having assumed power not conHded him by the const
tuition II guard against this contingency that now ap-
peal Congress Having thus recommended TO Congress
measure which deem necessary and expedent for the
interest and honor of the country leave the whole
ject to their wisdom and discretion.
JAMES BUCHANAN.
WASHINGTON, Feb 49, 1859.
partial debate took place the motion refer the
message to the Committee on Foreign Relations.
Messrs CrINcMAS, (adm) of N. c., and BENJAMIN,
(adm Of La spoke briefly support Of the views Of the
message.
Mr. SEWARD, (opp) Of N Y, considered that II was
sad sight to the President OF these United States asking
Congress to confer him the making power in order
to assimate his functions to those Of European govern
ments The passage OF bill granting the President
power as he asks would he virtually 10 surrender the
Of Congress- and in opposition the express pre-
cepts OF the constitution.
Mr. FEsssNpEN, opp Of Me-, expressed similar views
and cited the Paraguay expedition, which TO consist
of single ship and now armada Of twenty sas as
instance Of how the President might plunge the nation
into war; The President now comes forward and asks
for gencra powers II would be more rational to take
nitatoy steps at once TO have King than blndly con-
fer absolute powers.
Mr. DovoIAs, opp Of H. was glad the President had