The lawfulness of the practice rests upon the exigencies of the public service; which require that the movements of the Government shall not be arrested by an accidental vacancy in one of the Departments; upon an act of Congress expressly and plainly giving and regulating the power, and upon long and uninterrupted usage of the Executive, which has never been challenged as illegal by Congress.
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The minister of that Republic is disappointed in not having received the copy intended for exchange, and the period will lapse without the possibility of carrying out the provisions of the convention in this respect.
The peace and order of the city itself and the security of the inauguration of the President elect, were objects of such vast importance to the whole country that I could not hesitate to adopt precautionary defensive measures.
Before accepting this proposition I have thought it right to take the advice of the Senate.
In compliance with the resolutions of the Senate of the 17th and 18th February, 1858, requesting information upon the subject of the Aves Island, I transmit a report from the Secretary of State and the documents which accompanied it.
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