Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-02-19

/ a provision our citizens will be constantly ex-
/ posed to interference in their progress and to.
lawless violence.
A similar necessity exists for the passage OF
such an act for the protection OF the Panama
and Tehuantepec routes.
: Another subject equally important commands
the attention of the Senate. At the last session
of Congress the republics South Of the United
States on this Continent hive unfortunately
Z been frequently in a state of revolution and
civil war ever since they achieved their lndepen-
dence. As one or the other party has prevailed
and obtained possession of the ports open to-
( foreign commerce, they have seized and confS-
Gated American vessels aud their cargoes III an
arbitrary and lawless manner and exacted mo-
ney from American citizens by foTSed loans and
other violent proceedings to enable them TO
I carry on hoStilities. The executive government
! of Great Britain, France and other countries
possessing the war making power can promptly
employ the necessary means to enforce immedi-
ate redress for similar Outrages upon their
subjects. Not SO with the government oil the
United States.
IL the President orders vessel of waE to any
of these ports, to demand prompt redress for
outrages committed the offending parties are
well awnTe that in case of refusal, the COmman-
der could do no more than demonstrate; he cannot
resort TO hostile act; the question must then be
referred to diplomacy and in many cases ado
quate redress never be obtained; thus
American citizens are deprived of the same pro-
lection under the flag of their 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 acne the power to make war.
Without the authority of Congress the ex-
ecutive cannot lawfully direct any force, how
ever near it may be TO the scene Of difficulty, to
enter the Territory Of Mexico, Nicaragua and
New Grenada for the purpose of defending the
persons and property Of American citizens,
even though they may be violently assaulted
whilst passing in peaceful transit over the Ie-
hauntepec, Nicaragua or Panama routes. lie
cannot, without t-anscending his constitutional
power, direct gun to be fred into port or
land n seaman or marine to protect the lives OF
our cOuntrymen on shore, or to obtain redress
for recent Outrage on their property. The
banditt which iniests our neighboring Republic
of Mexico, always claiming to belong to one or
the other of the hostile parties, might make
sudden descent on the Vera Crucz or Tebaun-
tepec route, and he would have no power TO
employ the force on ship board in the vicinity
for their relief, either TO prevent the plunder OF
our merchants or the destruction Of the transit
In reference to countries where the local au-
thorities are strong enough to enforce the laws
the difficulty here indicated can seldom happeni
but where this is not the case and the local au-
thOritIes do not possess the physical power, even
il they possess the will to protect our citizens
WITHIN their llmltS, recent eA pefleuCe nus SHOWN
that the American executive should itself he
authorized To render this projections; such a
grant of authority, thus limited in its extent,
could, in no Just sense, be regarded as trans
fer Of the war making power to the executive,
but only as an appropriate exercise OF that pow
er by the body TO whom it exclusively belongs.
The riot at Panama in SO, in which num-
Der of our citizens lost their lives, furnishes
pointed illustration of the necessity which
may arise for the execution of this authority.
therefore earnestly recommend TO Congress,
on whom the responsibility exclusively rests, to
pass law uelsre their adjournment cnnterrlng
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 law exists would OF
itself go far to prevent the Outrages which II IS
intended to redress and render the employment
of force unnecessary. Without this the PreSl-
dent OF the United States may be placed IN a
painful position before the meeting OF Congress.
In the present disturbed condition of Mexico
and one or more of the Republics south of US,
no person can iorsee what occurrences may take
place before that period; in of emergency
our citizens seeing that they do not enjOy the
same protection with subjects of European
gov'ts, will have Just cause to complain, on the
other hand, shonld the executive interpose aud
especially should the result prove disastrous and
valuable lives be :ost he might subject himself
to sever censure for having assumed power not
confiled to him by the CONSTITUTIONS It is to
guard against this contingency that now APP
peal to Congress.
Having thus recommended to Congress y
measure which deem necessary and exPedient
for the interests and honor of the country, L
leave the whole subject to their wisdom and dis
erection. (Signed) JAMES BUCHANAN.
NEw YoRK. Feb. ls.-The suhjoined article