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be withdrawn the moment the danger shall have passed away.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 Tehuantepec routes.

In reference to the Panama route, the United States, by their existing
treaty with New Granada, expressly guarantee the neutrality of the
Isthmus, "with the view that the free transit from the one to the other
sea may not be interrupted or embarrassed in any future time while this
treaty exists."

In regard to the Tehuantepec route, which has been recently opened
under the most favorable auspices, our treaty with Mexico of the 30th
December, 1853, secures to the citizens of the United States a right
of transit over it for their persons and merchandise and stipulates
that neither Government shall "interpose any obstacle" thereto. It
also concedes to the United States the "right to transport across the
Isthmus, in closed bags, the mails of the United States not intended for
distribution along the line of the communication; also the effects of
the United States Government and its citizens which may be intended for
transit and not for distribution on the Isthmus, free of custom-house
or other charges by the Mexican Government."

These treaty stipulations with New Granada and Mexico, in addition to
the considerations applicable to the Nicaragua route, seem to require
legislation for the purpose of