The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-04-01

erty Of our own citizens on theiT passage IL b true that
on a sudden emergency OF this character the President
their relief, but IN doing this he would act upon his own
responsibility.
Under these circumstances, | earnestly reeommen 10
Congress the passage OF an act authorizing the President,
under such restrictions as they may deem proper, to en-
ploy the land and naval forces of the United States in
the transit from being 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the same time that these forces shall be withdrawn the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 win be constantly, exposed
to interruption 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, commanded the
attention Of the Senate at the last session OF Congress,
The republics south Of the United States on this con-
tinent have, unfortunately, been frequently In a 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 COM
merce, they have seized and conhscated American vessels
and their cargoes In an arbitrary and lawless manner,
and exacted money from American citizens by forced
loans, and other violent proceedings, to enable them
to carry on hostilities. The executive governments
of Great Britain, France, and other countries,
possessing the war-making power, can promptly employ
the necessary means to enforce immediate redress for sim
liar outrages upon their subjects. Not 80 the executive
government of the United States. If the President orders
a vessel of war to any Of these ports 10 demand prompt
redress for outrages committed, the offending parties are
well aware that in case of refusal the commander
can 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 adequate redress
can never be obtained. Thus American citizens are de-
priyed 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 con-
fded to that body alone the power to make war.
Without the authority of Congress, the Executive
- g-lI -l.u--. -.-. &C.,. A-..r.- .ao- "a -.U.,
be to the scene of difficulty, TO enter the territory Of
Mexico, Nicaragua, or New Granada, for the purpose of
defending the persons and property of American citizens,
even though they may be violently assailed whilst pass
ing in peaceful transit over the Iehuantepec, Nicaragua,
or Panama routes. He cannot, without transcending his
constitutional power, direct gun to be fired into a port,
or land a seaman or marine TO protect the lives OF our
countrymen on shore, or to obtain redress for q recent
outrage on their property. The banditti which infest
our neighboring republic of Mexico, always claiming to
belong TO one or other of the hostile parties, might make
q sudden descent on Vera Cruz or on the Tehuantepec
route, and he would have no power TO employ the force
on ~shipboard in the vicinity for their relief, either to pre-
vent the plumber of our merchants or the destruction of
the transit. III
In reference to countries where the local authorities
are strong enough to enforce the laws, the difficulty
here indicated can seldom happen 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 American Executive should itself be au-
thorlZed to tender this protection. such a grant OF au-
thority, thus limited in its extent, could in no just sense
be regarded as a transfer of the war-making power to the
Executive, but only as an appropriate exercise OF that
power by the body to whom it exclusively belongs. The
riot at Panama in 1856, in which a great number of our
citizens lost their lives, furnishes o pointed illustration of
the necessity which may arise for the exertion of this au-
thority. ~
], therefore, earnestly recommend to Congress, on
whom the responsibility exclusively rests, to pass a law
before their adjournment comforting ON the President the
power to protect the lives and property of American citi-
zens in the cases which / have indicated, under such re-
strictions 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 re-
dress, and to render the employment of force unneces-
sary.
Without this the President may be placed in a 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 foresee
what occurrences may take place before that period. In
case of emergency, our citizens, seeing that they do not
enjoy the same protection with subjects of European gov
crnments, will have just cause to complain. On the
other hand, should the Executive ~interpose, and especial
ly should the result prove disastrous, and valuable lives
be lost, he might subject himself to severe censure for
having assumed a power not confded to him by the con
stitution. 1t is to guard against this contingency that !
now appeal to Congress. a.rf
Having thus recommended to Congress q measure
which / deem necessary and ~expedient for the interest
and honor of the country, I leave the whole subject to
their wisdom and discretion.
JAMES BUCHANAN.
WASHINGTON, February is, 1859.