JAMES BUCHANAN.

WASHINGTON, _February 18, 1859_.

_To the Senate and House of Representatives_:

The brief period which remains of your present session and the great

urgency and importance of legislative action before its termination for

the protection 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. I have

heretofore presented it in my annual messages, both in December, 1857

and 1858, to which I beg leave to refer. In the latter I state that--

The executive government of this country in its intercourse with

foreign nations is limited to the employment of diplomacy alone. When

this fails it can proceed no further. It can not legitimately resort

to force without the direct authority of Congress, except in resisting

and repelling hostile attacks. It would have no authority to enter the

territories of Nicaragua even to prevent the destruction of the transit

and protect the lives and property of our own citizens on their

passage. It is true that on a sudden emergency of this character the

President would direct any armed force in the vicinity to march

to their relief, but in doing this he would act upon his own

responsibility.

Under these circumstances I 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 obstructed or

closed by lawless violence and in protecting the lives and property of

American citizens traveling 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these forces shall be withdrawn the moment the danger shall have passed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 will 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 Tehuantepee 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 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

commerce, they have seized and confiscated 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

similar outrages upon their subjects. Not so the executive government

of the United States.

If the President orders a vessel of war to any of these ports to demand

prompt redress for outrages committed, the offending parties are

well aware that in case of refusal the commander can do no more than

remonstrate. He can resort to no hostile act. The question must then be

referred to diplomacy, and in many cases adequate redress can never be

obtained. Thus American citizens 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

Congress, since the Constitution has confided to that body alone the

power to make war. Without the authority of Congress the Executive can

not lawfully direct any force, however near it may 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 passing in

peaceful transit over the Tehuantepec, Nicaragua, or Panama routes. He

can not, without transcending his constitutional power, direct a 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 a 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 a 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 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 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 authorized to render this

protection. Such a grant of authority, 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 a pointed illustration of the necessity which may arise for

the exertion of this authority.

I therefore earnestly recommend to Congress, on whom the responsibility

exclusively rests, to pass a law before their adjournment conferring on

the President the power to protect the lives and property of American

citizens in the cases which I 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 to render the employment of force unnecessary.

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 Governments, will have just cause

to complain. On the other hand, should the Executive interpose, and

especially should the result prove disastrous and valuable lives be

lost, he might subject himself to severe censure for having assumed a

power not confided to him by the Constitution. It is to guard against

this contingency that I now appeal to Congress.

Having thus recommended to Congress a measure which I deem necessary and

expedient for the interest and honor of the country, I leave the whole

subject to their wisdom and discretion.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan · 第 116 / 249 题