The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-19
LATEST NEWS.
TELEGRAMS.
OF THE PRESIDENT IN RE
GARD TO THE PROTECTION OF THE
TRANSIT CALIFORNIA,

TRANSIT ROUTE TO CALIFORNIA.
WASHINGTON, Feb. 1S.-The President to-day
transmitted message to Congress, as follows:
To the Senate and House Of Representatives The
brief period which remains of your present session
and the great urgency and Importance of egisa-
tive action before its termination, for the protec
tion of American citizens and their property whilst
in transit across, the Isthmus routes between our
Atlantic and Pacific possessions, render it my duty
again to recall this subject to your notice.
have heretofore presented it in my annual mes
sages, both of December 1857 and 1885, to which
beg leave to refer In the latter l state that the
Executive Government of this country in its inter-
course with foreign nations is limited to the en-
| ployment of diplomacy alone. Where this fails, it
proceed no further. 1t cannot legitimately re-
sort to force without direct authority of Congress-
except in resisting and repelling hostile attacks
1t would have authority to enter the territory
of Nicaragua, even to prevent the destrut ton of
the transit and protect the lives and property of
citizens on their passages. 1t is true that
sudden emergency of this character, the President
| could direct any armed force in the vicinity to
march to their relief, but in doing this he would
act upon his responsibility. Under these cir
cumstances, | earnestly recommend to Congress
| the passage of an act authorizing the President
under such restrictions as they may deem
| proper, to employ the land and naval forces
of the United States, in preventing the transit
from being obsructed or closed by lawless violence
and in protecting the lives and property of Ameri-
can 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the same time, that these forces shall be withdrawn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 con .
stantly exposed 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 Te-
! huantepec routes.
Another subject equally 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
| frequently in state of revolution and civil war
ever since they achieved their independence. As
one or the other party has prevailed and obtained
possession of the ports open to foreign commerce,
they have seized and coniiscated American vessels
and their cargOes in an arbitrary and lawless
ner, and extracted money from American citizens
by forced loans, and other violent proceedings to
| enable them to carry their hostilites.
The Executive Government of Great Britain,
| France and other countries, possessing the war
making power, can promptly employ the necessary
| means to enforce immediate redress for similar out
| RACES upon their subjects. Not so 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 out
| RACES committed, the offending parties well
aware that in of refusal, the commander could
| do no more than demonstrate. He can resort to no
hostile act. The question must then be re-
| ferred to diplomacy, and in many cases ad-
American citizens 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 supplied
by Congress since the Constitution has confided to
that body alone the power to make Without
the authority of Congress the Executive cannot
lawfully direct any force, however it may be to
the of the difficulty, to enter the territory of
Mexico, Nicaragua or New Grenada, for the pur-
pose of defending the persons and property of
American citizens, even though they may be yio-
lently assailcd whilst passing in peaceful transit
| over the Tehuantepec, Nicaragua or Panama
| routes.
! He cannot without transcending this consttu-
| tiona power direct gun to be fired into port or
land seaman or marine to protect the lives of
countrymen shore, to obtain redress for a re-
| cent outrage on their property. The banditti
which inlest our neighboring Republic of Mexico
| always claiming to cling to other of the hos
tile parties, mi ght make sudden descent Vera
Cruz on the Tehuantepec route and we would
have power to employ the force on shp-board in
the vicinity tor their relief, either to prevent the
plunder of our merchants the destruction of the
transit. In reference to countries where the local
authorities strong enough to en- fore the laws,
the difficulty here indicated seldom happen,
but where this is not the and the local author
tiles do not possess the physical power if they
possess the will to protect our citizens within their
limits recent experience has shown that the Amer
lean Executive should itself be authorized to render
| this protection.
Such grant of authority, thus limited in its ex-
tent, 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 power by
the body to whom it belongs.
The riot at Panama, in 1855, in which great
number OF our citizens lost their lives, furnishes a
pointed illustrative of the necessity which may
arise for the exertion of this authority.
|, 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 pro-
perty of American citizens, in the cases which |
have indicated, under such restrictions and con-
ditions as they may deem advisable. The knowledge
that such law exists would of ITSELF go far to pre-
vent 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 meet
| condition of Mexico, and one more of the other
ing of the next Congress. In the present disturbed
| Republics south of us, person forsee what
occurrences may take place before that period. In
case of emergency citizens, seeing that they do
not enjoy the protection with the subjects of
European governments, will have Just cause to
plain. On the other hand, should the Executive
interfere, and especially should the result prove
disastrous, and valuable lives be lost he might sub
ject himself to censure for having assumed
a power not confided to him by the Constitution
1t is to guard against this contingency that | now
appeal to Congress
| Having thus recommended to Congress n measure
which deem necessary and expedient for the inter
| ests and honor of the country, leave the whole
subject to their wisdom and discretion.
| JAMES BUCHANAN.
| Washington, Feb. Is, 1859