The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-01-06

such wrongs Is dercllct toits highest duties.-
Tho difficulty consists in selecting and enforcing
the remedy. We may in vain apply TO the con-
stitutionaI government at Vera Cruz, although
II Is well disposed TO do us justice, for adequate
redress. Whilst its authority is acknowledged
seo-coas.s OF the republic, its power docs not
extend 10 the city Of Mexico and the States in
lis Vicinity. where nearly all the recent outra-
oes have been committed on American citizens.
Nc must pcuctrate into the interior before we
can reach the offenders, and this can only be
done by passing through the territory IN the
occupation of the constitutional government
The most acceptable and least difficult mode oil
accomplishing the object will be to act in con-
cert with that government. Their consent and
their aid might, believe, be obtained; but II
not. our obligation TO protect our own citizens
In their lust rights, secured by treaty. would
MT he the less imperative For these reasons,
recommend to Congress TO pass a law author
ling the President, under such conditions as
they may deem expedlcnt, TO employ a sufficient
military force to enter Mexico for the purpose
of obtaining indemnity for the past and securi
~ for the future. | purposely refrain from
any suggestion rs to whether this force shall
consist of regular troops or volunteers, or both.
This question may be most appropriately lett
10 the decision of Congress. | would merely
observe that, should volunteers be selected,
such a force could be easily raised in this coun-
try among those who sympathsc with the SUI
erings Of our unfortunate fellow-citizens in Me-
leo, and with the unhappy condition OF that
| republic. Such an accession to the forces OF
the constitutional government would enable II
soon to reach the city of Mexico and extend
its power over the whole republic In that
| event there is no reason TO doubt that the JUST
claims of our citizens would be satisfied and adj
eauate redress obtained for the injuries lhil'ct-
ed upon them. The constitutional government
have ever eyinced strong desire to do us JUS
tice, and this might be secured in advance ny
preliminary treaty.
Ii may be said that these measures will, at
| least Indirectly, be inconsistent with our wise
and settled policy not 10 interfere in the domcs-
tic concerns of foreign nations. But does not
the present case fairly constitute an exception!
| An adjoining republic Is in state oil anarchy
and confusion from which she has proved who'll
II unable to extricatc herself She is en-
tirely destitute of the power TO maintain peace
upon her borders, on 10 prevent the inculslons
of banditti into our territory. In her fate and
in her fortune-in her power to establish and
maintain settled govcrnmcnt-we have a far
deeper interest, socially, commercially, and po-
litcally than any other nation. She IS now
wreck upon the ocean, drifting about as she is
impelled By different factions. Asa goodnight
Dor, shall'we not extend TO her helping hand
to save herr If we do not, 1t would not be
surprising should some other nation undertake
the task, and thus force US to interfere Mt last,
under circumstances of increased difficulty, for
the maintenance of our established policy.
repeat the Recommendation contained in my
last annual message, that authority may be given
To the President TO establish one or more tenn
pOrary military posts across the Mexican Inc
in Sonora and chihuahua, where these may be
necessary TO protect the lives and property OF
1 . "a eNrN t,
cursions aud dcpredations OF the Indians. us
well ms of lawless rogers on that remote region.
The establishment of'bne such post at point
called Arispc, in Sonora, IN country now al
most dcpopulatcd by the hostile inroads of the
Indians from our side of the line, would, 1t is
believed, have prevented much injury and many
crueltes during the past season. A state of
lawlessness and violence prevails on that distant
frontier. Life and property are there wholly
insecure.
Territory Of .4risoaa.
The population of Arizona, now num-
bering more than ten thousand souls, are prnc-
tically destitute of government, Of laws, or OF
any regular administration of justice, Muir,
der, rapine, and other lines are committed
with impunity. l, therefore, again call the at
tention of Congress to the necessity for cstab-
fishing territorial government over Arizona.
Treaty Cih Nicaragua, &c.
The treaty with Nicaragua of the 10th Feb.
ruary, 1857, to which referred in my last an
nual message, failed to receive the ratification
of the government of that republic, for reasons
which need not cnumerate. "A similar treaty
has bccn since concluded between the parties
bearing; date ON the 10th March, 1859, which
has already been ratified By the Monaghan
Congress. This will be Immediately submitted
to the Senate for their ratification. It's proyis-
ions cannot, think, fail to be acceptable to
the people of both countries.
Our claims against the governments of Cos.
tn Rica and Nicaragua remain unrcdrcssed,
though they are pressed in an earnest manner,
and not without hope of success.
Protection ofhe Transit Routes.
deem il to be my duty once more earnestly
to recommend to Congress the passage off, law
authorizing the President 10 employ the naval
force at his command for the purpose of pro-
tecting the lives and property OF American cit
liens passing in transit across the Panama,
Nicaragua, and Iehuantopcc routes, against
sudden and lawlcss outbreaks and depredatiOns.
| shall not repeat the arguments employed in
former messages in support OF this measure
Suffice il to say that the lives of many of our
people, and the security OF vast amounts OF
treasure passing aud rc-passing over Rpe or
more of these routes between the Atlantic and
Pacific, may be deeply involved in the action OF
Congress on this subject.
would, also, again recommend to Congress
that authority be given to the President to en-
ploy the naval force To protect American mcr-
chant vessels, their crews and cargocs, against
violent and lawless seizure and confscation in
the ports Of Mexico and the Spanish American
States when these countries may be in dis
turbed and revolutionary condition. The mere
knowledge that such an authority had been
conferred, rs have already stated, would OF
itself, in great degree, prevent the evil. Mel
thcr would this require any additional appro-
priation for the naval service.
The chief objection urged against the grant
of this authority is, that Congress, by confer
ring it, would violate the constitution-that 1t
would be n transfer OF the war-maEing, or,
strictly speaking, the war-dcclarng power To
the Executive. III this were well founded, it
would, ofcourse, be conclusive. a very brief
examination, however, will place this objection
at rest.
Congress possess the sole and exclusive pow
or, under the constitution, "to declare war;"
| They alone can "raise and support armies"
and "provide and maintain navy" But after
Congress shall have declared wal, and provided
the force necessary 10 carry IL on, the President
rs Commandcr-in-Chicfo of the army and navy,
can alone employ this force i'm making war
against the enemy. This is the plain language,
and history proves that II was the Unknown
| lnlc'itlOu VI lllc lrllncIs OI inc CONSTITUTION.
| Ii will not be denied that the general "power
to declare war; is without limitation, and cm-
braces within itself not only what writer's on
| the law ofnatons term public or perfect war,
but also an imperfect war-and, in short, ev-
cry species of hostility, however confined or
limked. Withoutthe authority ofCongress the
President cannot fire hostile gun in any case,
except to repel the attacks ofan enemy 1t will
not be doubted that under this power Congress
could, ifthcy thought proper, authorize the
| President 20 employ the force nj his command