Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1859-02-20

LATE NEWS.
DPRCuAL ME0SAGE from THE
Pm 00OENT OF TINE Y. B.


SPECIAL MESSAGE rROM T0E
Pm Eo1DENT OF TINE Y. ,.
Css tssl Ansssea asA BaexSee.
WASHINGTON. Feb. ls.-The President to.
day transmitted message TO Congress, ~
follows #
10 tAs Ssaaas and Hoxss Of Representatives:
The brief period which remains Of your
present session, and the great urgency and
import ar CO Of legislative action before its
termination. for the profession Of American
citissns and their property, whilst in tran
cit across the Isthmus between our Atlantic
and Pacific possessions. render it my duty
to recall this s1hjec. to your. notice. ] have
heretofore presented it in my annual mes
cages Of December S57 and 1868, TO which
beg leave to refer. In the latter stated
that the Executive Government Of this
country, In it, Intercourse with foreign M
tions. - limited to the employment Of d.
plomacy alone-whsre this falls It can pro.
coed NO further. II csnsot legitimatsly re-
sort 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 Nioaragua, even TO prevent the
destruction OF the transit, and protect the
lives and property Of our own citizens on
their passages. II IL true that on sudden
emergency Of this character, the Presi-
dent would direct any armed force in the
vicinity to march to their relief, but in do
ing this he would be acting upon his own
individual responsibility. Under these cir
cumstances earnestly recommend to Con-
gress the passage Of an act authorizing the
President under such restrictions 40 they
may deem proper, to employ the land and
naval forces Of the United States in pre-
venting the transit from being obstruct. d
ing the lives and property Of American cit
izens travelling thersupon; requiring, at the
same time. that these forces shall be with
drawn the moment the danger shall have
passed away. Without such . provision
our citizens will constantly exposed to inter.
ference in their prgress BY lawless violence.
A similar necessity exists for the passage Of
such IN act for the protection Of the Pana-
ma and Tehuantepec routes.
Another subject equally important de-
msnds the attention Of the Senate, at this,
and the last session of Congress- The re-
publics south Of the United States, on this
continent, have unfortunately been in a
state Of revolution and civil war ever since
they achieved their Independence. Az ono
or another party has prevailed and obtained
possession of their ports open to foreign
commerce, they have seized and confiscated
American vessels and their cargoes in an ar
bitrary and lswless manner, and exscted
from the American citizens by forced loans
and other violent proceedings, to enable
them to carry on hostilities. The Execu-
tive Governments Of Great Britain, France,
and other countries possessing the war max
ing power can promptly employ the neces-
cary means to enforce immediate redress for
similar outrsges upon their subjects. Not
20 the Executive Government of the United
States. Hthe President orders . vessel of
war to any Of these ports to demand prompt
redress for outrsges committed, the offend
ing parties are we'll aware that the com.
mandeR could do no more than demonstrate.
He can resort to no hostile act the question
must then be referred to diplomacy, and In
msuy cases adequate redress can never be
obtained. Thus American citizens are de-
prived Of the same projections under the
flag Of their own country, which the subjects
Va VeuCS uotiOo0 SuJOy. Au0 EcmCuy IOS toic
state Of things can only be supplied BY Con-
gress, since the Constitution has confided to
that body alene the power TO make war
Without the authority of Congress, the
President cannot lawfully direct any force.
however near it may be to the scene of
difficulty, to enter the Territory Of Mexico,
or Nicaragua, or New Granada, for the pur-
pose Of defending the persons and property
Of American citizens. even though they may
bs violently assailed whilst passing in
peaceful transit over the Tehuantepec, Nj
carsgus or Panama routes. He cannot
without transcending bis constitutional
power direct . gun to be fired into . port.
or land . seaman or marine to 60 to protect
the lives of our courtrymen on shore, or to
obtain reoress for recent outrage on their
property. The banditti which infest our
neighboring Republic Of Mexico, always
claiming TO belong to one or the other hos
tile parties. might make sudden descent
upon Vera Cruz or the Tehuantspec route,
and he would have no power to employ .
force on shipboard in the vicinity for their
relief, either to prevent the plunder Of
our merchants or the destruction of the
tfaneit.
In reference to countries where the local
authorities are strong enough to enforce
laws, the difficulties here indicated can eel
dom occur. but where this is not the case,
and the local authorities 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 Exec
utive should itself be authorized to render
this protection. Such grant Of authority
~. - In sAa e.. So.
sense be regarded - transfer Of the war
making power to the Executive. but only -
IN appropriate exercise Of that power by
the body TO whom it exclusively belongs.
The riot In Panama In 1886, in which .
great number Of our citisens Lost ther lives,
furnishes pointed illustration Of the nsces-
sity which may arise from the exercise Of
authority. Therefore earnestly recommend
to Congress. on whom the responsibility
exclusively rssts, to pass . law before thsir
adjoornment, coafslr ring on the President
the power to protect the lives and property
Of American citizens in the Gases which /
have indiestsd, under such restrictions and
conditions % they may deem sdvisable
The knowledge that such . Law exists would
ofitsslf 70 far to prevent the outraaes which
il i intended to redress and render The en-.
ploymsnt Of force unnecessary. Without
this the Pfeddset Of the Usitsd Geatss may
Be placed in painful situation before ths
meeting Of the nsxt CoogrseA II the pres
snt condition OF Mexico. and one or more Of
the other Republics south Of %. No psrson
can forssss what occurrences nay take
plass bsibes that pssiod. 4sa a5a
! II eass Of smafgeaey. or eitisans. seeing
that they do not ssjsy the same Profession
With the subjects Of Earopesn 0overnmsnts
will have JUS cause 70 complain: o. the
othes hard should the Executive intsrposs,
asd especially sheuld The remit prove dis.
astrous. and valuable livss b lose. he might
subiect himself r. sevsr ssasurs 5or having
assumed power NOT eo0Aded % him BY
The Coostitution a he Usltsd 0estsas Il