Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1859-02-25

- As s.aat. a.,l Aeas. y R.pns..ma-


termination, fof the proiccinu IL American
cils"us and their property whilst in transit
across the Istbmus, between our Atlantic
and Pacific possessions, render il my duty
To recall this suLjrci to your notice. have
heretofore presented il ID nv annuai mes
sages Of December s6T and 1858, to which
] beg leave 10 refer IN the lattot I state
to the Executive Government Of their
country that in its intercourse With foreign
nations it is limited TO the cfnplDyuicnt Of
diplomacy alone where this fails i can pro
coed no farther Il cannot lcgitimatelyro-
sort 10 force without the direct authority
Of Congress, except in resisting aud rcpel-
ling hostile attacks. Ii would have no au-
ihority 10 enter the Territory Of Nicaragua
even TO prevent the destruction of the tran
sit aud protect the lives aud pr, perty Of
our citizens on their passages. IL is tue
that on sudden emergency Of this char
actcr the President would dircct any armed
force in the vicinity 10 march to their relief,
but in doing this he would act upon his
own responsibility. Under these circum-
stances | earnestly recommend TO Congress
the passage Of an act authorizing he PFesi-
dent under such restrictions rs they may
deem proper 30 employ the land and naval
forcos of tho United States in preventing
the Transit from being Distracted or closed
! by lawless violence. aud in protecting the
lives and property Of American citizens
travelling therenPon, requiring st the same
time that these forces shall be withdrawn
the moment the danger shall have passed
away. Without such provision our eiti-
zens will be constantly exposed to interfer-
euce in their progress by la0less violence;
aud similar necessity exists for tho passage
7 Of such an act for the protection Of the
Panama an Tehuantcpec routes.
! Another subject equally important de-
mands the attention of the Senate at the
last session Of Congress. The Republics
south Of the United States on this eonti-
neut have unfortunately been in a state Of
revolution and civil war ever since they
achieved their Independence As ono or
another has prevailed and obtained posses
sion Of their ports to foreign commerce, they
have seized and contiseated American YES
sells and their eargocs in an arbitrary and
laNless manner, aud exacted from American
citizens by forced laws and other violent
proceedings, to enable them TO carry on
hostilities. The Executive government of
Great Britain, France, and other countries
possessing the war-makug power, can
promptly employ the necessary means to
enforce immediate redress for similar out
rngcs upon their subjects. Not so the Ex-
ecutiye Government of the United States.
If the President orders vessel Of war to
any of these ports TO demand prompt ro-
dress for outrages committed, the offending
parties are well aware that the commander
could do no more than demonstrate. He
can resort to nc hostile act The question
must then be referred to diplomacy, and in
many cases adequate redress can never be
obtained. Thus American citizens are de-
: prived of the same protection under the
flag of their own country which the subjects
of other nations enjoy.
The remedy for this state of things can
only be supplied by Congress, since the
!, Constitution has confided to that body
alone the power to mako war Without
tho authority Of Congress the President
: cannot lawfully direct any force, however
= near it NAV be to the scene of difficulty, to
e enter the Territory of Mexico or Nicaragua,
: or New Grenada fer the purpose of defend
! ing the persons and property Of American
citizens even though they may be violently
} assailed whilst passing in peaceful transit
over the Tehuantepec, Nicaragua or Pana-
ma routes. He cannot without transcend
ing his Constitutional power direct gun to
a be fired into port or land marine or sea-
man to protect the lives of our countrymen
! on shore, or to oStain redress for recent
Q outrage upon their property.
The banditti which infest our neighboF-
ing Republic Of Mexico, always claiming to
belong to one or the other Of the hostile
parties, might make sudden descent upon
Vera Cruz or the Tehauntepec route aud
the President would have no power to en-
ploy force on shipboard in the vicinity
: for the relief, neither to prevent the plum
. der of our merchants or the destruction Of
: the transit. f
ln reference 10 countries whore the local
authorities are strong enough to enforce
laws the difficulties here indicated can sell
+ dom happen. But where this is not tho
i case, and the local authorities do not pos
, sess the physical power, even if they pos
sess the will, To protect our citizens within
= their limits, recent experience has shown
J. that the Executive should be authorized TO
o render this protection. Such grant Of
authority, thus limited in its extent, could,
=, in no just sense, be regarded ss transfer
e of the war-making power tothe Executive.
!. but only as an appropriate exercise Of that
!, power by the body to whom it exclusively
!, belongs The riot ia Panama in 1856, in
= which great number Of our citizens lost
i their lives, furnishes pointed Illustration
!. Of the necessity which may arise for the ex-
!, crtion Of this authority.
!, therefore earnestly recommend to Con
: gress, on whom the responsibility exclusive
y rests, to pass a law before their adjourn
ment comforting on the President tho pow
@ er to protect the lives and property Of
a. American citizens in the cases which | have
e. indicated, under such restrictions and con
le ditions as they may deem advisable. The
ts knowledge that such law exists would Of
ID itself 60 far to prevent the outrages which
Is is intended to redress, and render the en-
g, ployment Of force unnecessary. Withoal
III this the President Of the United States
is may be placed in painful situation before