wer, 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.
JAMES BUCHANAN.
WASHINGTON, _February 18, 1859_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to
ratification, two conventions between the United States and China,
one providing for the adjustment of claims of citizens of the United
States on the Government of that Empire, the other for the regulation
of trade, both signed at Shanghai on the 8th o
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