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the lives and property of American citizens traveling thereupon, requiring at the same time that these forces shall be withdrawn the moment the danger shall have passed away.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.