Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1859-02-24
MESSAGE OF THE PRESIDENT,

IN Regard to the Protection Of the Transit Route
to California.
The President on Friday submitted a message
to Congress- as follows
10 the Senate and House Of Representatives
The brief period which remains of your present
session, and the great urgency 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
slons, render it my duty again to recall the sub
Ject to your notice.
1 have heretofore presented it in my annual
messages both Of December 1857 and 1858, to
Which beg leave to refer. In the latter | state
that the Executive Government of this country
IN its intercourse with foreign nations, is limited
to the employment Of diplomacy alone. Where
this fails it can proceed no further. It cannot
legitimately resort to force without the direct
authority of Congress, except in resisting and
repelling hostile attacks. 1t would have no au-
thorlty to enter the territory of Nicaragua, even
to prevent the destruction of the transit and
protect the lives and property Of our citizens on
their passage. 1t is true that on sudden e.
mergency 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 responsibility. Under these cir
cumstances | earnestly recommend to Congress
the passage Of an act authorizing the President,
under such restrictions as they may deem pro-
per, to employ the land and naval forces of the
United States in preventing the transit from be-
ing obstructed or closed by lawless 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same time that these forces shall be withdrawn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 a provision our citizens will be
constantly exposed to interference in their pro-
grogress and to lawless violence.
A similar necessity exists for the passage of
such an act for the protection of the Panama
and Tehauntepec routes. Another subject, e.
qually important commanded the attention of
the Senate at the last Session of Congress.
The Republics South of the United States on
this Continent have unfortunately been frequent
ly in state of revolution and civil war ever
since they achieved neutrality-suspicious.. AS one
or the other party has prevailed and obtained
possession of the ports open to foreign COM
merce, they have seized and confiscated Ameri-
can vessels and their cargoes in an arbitrary and
lawless manner, and exacted money from Amer
lean citizens by forced loans, and other violent
proceedings to enable them to carry on their
hostilites.
The Executive Governments of Great Britain,
France and other countries possessing the war
making power, can promptly employ the neces-
sary means to enforce immediate redress for sim
liar outrages upon their subjects. Not so with
the Executive Government of the United States.
If the President orders vessel of war to any of
these ports to demand prompt redress for the
outrages committed, the offending parties are
well aware that in case of refusal the command
er could do no more than demonstrate. He can
resort to no hostile act. The question must
then be referred to diplomacy, and i'll many
cases adequate redress can never be obtained.
Thus American citizens are deprived Of the
same protection under the flag of their country
which the subjects of other nations enjoy. The
remedy for this state of things can only be sup
piled by Congress, since the Constitution has
confined to that body alone the power to make
war. Without the authority of Congress, the
Executive cannot lawfully direct any force,
however near it may be to the scene of the diff
fculty, to enter the territory Mexico, Nicaragua
or New Granada, for the purpose of defending
the persons and property Of American citizens,
even though they may be violently assailed,
while passing in peaceful transit over the Te-
hauntepec, Nicaragua or Panama routes.
He cannot, without transcending his Consti-
port or land seaman or marine to protect the
lives Of our countrymen on shore, or to obtain
redress for a recent outrage on their property.
The banditt which infest our neghboring Re-
public of Mexico always claiming to belong to
one or the other of the hostile parties, mi ght
make sudden descent on Vera Cruz or the Te-
hauntepec route, and he would have no power
to employ the force on shipboard in the vicini-
ty for their relief, either to prevent the plumber
of our merchants, or the destruction of the tran
sit. In reference to countries where the local
authorities are strong enough to enforce the
laws, the difficulty here indicated can seldom
happen 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 cti-
zens within their limits, recent experience has
shown that the American Executive should it
self be authorized to render this protection.
Such grant of authority, thus limited in its
extent, could in no just sense be regarded as
transfer of the war-maling power to the Execu-
tive but only as an appropriate exercise OF that
power by the body to whom it exclusively be-
longs.
The riot at Panama in 1856, in which a great
number of our citizens lost their lives furnishes
a pointed illustration of the necessity which may
arise for the exertion of this authority.
I therefore earnestly recommend to Congress,
on whom the responsibility exclusively rests, to
pass law before their adjournment comforting
on the President the power to protect the lives
and property Of American citizens in the cases
which have indicated, under such restrictions
and conditions as they may deem advisable
The knowledge that such a law exists would
of itself go 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 United States may be placed in
painful position before the meeting of the next
Congress. In the present disturbed condition OF
Mexico. and one or more of the other Republics
south Of us, no person can forsee what occur
rences may take place before that period. In
case of an emergency, our citizens seeing that
they do not enjoy the same protection with the