Year: 1859

FRIDAY, Feb Is.


SENATE.


Nothing of interest transpired in the Senate
during the morning hour, except the passage
of few private bills.


An important message was received from
the President, asking Congress to confer on
him the power to use the army and navy to
protect the transit route.


The Presidents Message.


To the Senate and House Of Representatives.:


The briefperiod which remains of your pres
sent session, and the great urgency and impor-
tance oflegisative action before its termina-
ton, for the protection of American citizens and
their property, whilst in transit across the
isthmus, between our Atlantic and Pacific
possessions, render it my duty, again to recall
this subject to your notice. l have heretofore
presented it, in my annual message, both of
December 1857 and of December 1888, to
which beg leave to refer.


In the latter, state that the executive gov
ernment of this country, in its intercourse with
foreign nations, is confined to the employment
of diplomacy alone. When this fails, it can
proceed no further. 1t cannot legitimately re-
sort to force, without the direct authority of
Congress, in resisting and repelling hostile
attacks,


1t would have no authority to enter the ter
ritories of Nicaragua, even to prevent the de-
structiOn of the transit and protect the lives and
property of our own citizens on their passages.


1t is true, that, on sudden emergency Of
this character, the President would direct any
armed force in the vicinity to march to their re-
Lief but in doing this he would act upon his
own responsibility


Under these circumstances, earnestly rec.
ommend to Congress the passage of an act, au-
thorizing the President, under such restrictions
fatauy IN ba and
and naval forces of the United States in pre-
venting the transit from being obstructed or
closed by lawless violence, and in protecting
the lives and property of American citizens
travelling thereupen, requiring, at the same
time, that these forces shall be withdrawn the
moment the danger shall have passed away.
Without such provision, our citizens will be
constantly exposed to interference in their pro
gress, and to lawless violence and similar ne
cessity exists for the passage of such an act for
the protection OF the Panama and Tehuantepec
routes


Another subject equally important, COM
manded the attention of the Senate at the
last session of Congress. The Republics
south of the United States on this continent,
have unfortunately been in state of revolu-
tion and civil war ever since they achieved
their Independence. As one or other party
has prevailed, and obtained possession of their
ports open to foreign commerce, they have
seized and confiscated American vessels and
their cargoes in an arbitrary and lawless man
ner, and exacted money from American citi-
zens by forced loans, and other violent pro-
ceedings to enable them to carry on hostili-
ties. The executive government Of Great
Britain, France and other countries possess
ing the war-making power, can promptly en-
ploy the necessary means to enforce immedi-
ate redress for similar outrages 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 outrage committed, the of
tending parties are well aware that, in case of
refusal, the commander could do no more than
demonstrate He can resort to no hostile act
The question must then be referred to diplo-
macy and in many cases adequate redresses
can never be obtained Thus, American citi-
zens 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 supplied by Con-
gress since the constitution has contided to
that body alone the power to make war with
out the authority of Congress.


The President cannot lawfully direct any
force, however near it may be to the scene of
difficulty, to enter the Territories of Mexico,
Nicaragua, or New Granada, for the purpose
of defending the persons and property of Mex
ican citizens, even though they may be vio-
lently assailed while passing in peaceful transit
over the Tehuantepec, Nicaragua, or Panama
routes. He cannot, without transcendng his
constitutional power, direct gun to be fired
into port, or land a seaman or marine, to pro-
tect the lives of our countrymen on shore, Or
obtain redress for a recent outrage on their
property. The banditti, which infest our
neighboring Republic of Mexico, always claim
ing to be one or the other Of the hostile par
ties might make sudden descent on Vera
Cruz or Tehuantepec route, and he would have
no power to use the force in shipboard 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
authorities are strong enough to enforce the
laws, the difficulty can seldom happen. But,
where this is not the case, and the local au-
thorities 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 authorized to render this protection.
Such grant of authority, thus limited in its
extent, would in no just sense be regarded as
a transfer of the war making power to the
Executive, but, only as an appropriate exer-
else of that power, by the body to whom it
exclusively belongs. The riot in Panama in
1856, in which great number of our citizens
lost their lives, furnishes pointed illustration
of the necessity which may arise for the exer-
else of this authority.


1 therefore earnestly recommend to Con-
gress, on whom the responsibility rests, to pass
a 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 en-
ployment 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 the United States, 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 protec-
ton with the subjects Of European govern
ments, will have Just cause to complain.


On the other hand, should the Executive in
terpose and, especially, should the resultprove
disastrous, and valuable lives be lost, he might
subject himself to severe censure for having as
sumed power not confided to him by the con-
stitution. 1t is to guard against this contin-
gency, that now appeal to Congress. Having
thus recommended to Congress measure
which deem necessary and expedient for the
interest and honor of the country, | leave the
whole subject to their wisdom and discretion.


Signed, JAMES BUCHANAN.


A partial debate took place on the motion to
refer the message to the Committee on Foreign