A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
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.
Public-domain text, read in full here on John Shaqi.
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