Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-11-15


appear, that conference upon dsagreeing vote, is
considered to be essentially carried between the
houses themselves but conducted through the medium
managers on the art II each, merely for the sake of
venlence 1t then the Senate transfer all its pow
ers Tor particular objects managers committees h
distinction between conference with the Senate itsel
ana s committee acting place and stead upon thu
ground OF derogaton from Executive dignity appear
to me, to be rather ancful, than solid. 1t will
cape attention, that whilst the President where
pressy admits the right of the Senate ask confer
eoce with the Executive i'm body vet it is clearly In
ierabie from the principle of analogy between the
houses OF Congress, which he relies upon the stand
ard and rule of his conduct and if that be admitted
certainly exempts the Senate from the unch irritable i'm
putaton, thrown against by certain sapeut observers
OF design by this mode of proceeding trench upor
the Executive authority For if that the object
me whole body OF the Senate would surely Possess
more vera"ing influence over the President than {
committee of the same body. But after the Presiden
conceves that he has established the distraction between
the Senate and is Committee, pursuing the analogy
the between the two houses of Congress- he
arrives at this conclusion
And Hltough both branches Of the legislature NAV be
numerous TO hold conveniently conference with commit
es were they to be appointed bv either confer with the
entire body of the other may be fairly that if the
whole number either branch ton large Tor the
purpose, the objection such conference being aans
the principle, rs derogatorv from the coordinate relations
OF the two Houses, would retsn all It's force"
1t must strike every observer that enable the Pre-
dent 10 get at this conclusion he puts suDpositinus
case which could scarcely happen in practice he
then makes presumption FROM this supposed inlagA-
case. and then draws his conclusion from some sun
posed analpv. that presumpon Even the blind par
taiitv OF the Presidents devoted friends must adj
nit thar this is aher theoretical and ingenious mode
ot reasoning, than practical and conclusive one u
the senate can transfer all its attributes part of its
oW' pov Tor certain NEGOTIATE purposes, believe il
ran and often does tt en- would that part for those
fuoses possessing all the attributes of the whole body
ne 'cInae with the Senate ITSELF and of course
tar co ordinate with the Executive. This appears &c
have been the opinion Of the President himself wher
on another occasion ne observed in reply tn the chair
man OF another committee, appointed c7nfer with
him, thar he did consider the aut horv gven to the
them TO call on him in their official charact>r but
they were sheciaiy Instructed BIZ e Senate he would
lreey receive them and appoint time for that pur
pose special instructions in that accordingly
given by the Senate to the committee WHY this dis
tncrion between the dhhefntent ofa coplmbt tee
and sheeiaf Instructions under that appointment unless
1t was upon the principle that the Senate possessed the
faculty oftransprng its powers its committees for
certain purposes But whether this presumption be
fairly drawn in theory not, the reply thi,
course OF reasonng conceive TO be that the practice
conducting business between the Houses of Con.
gress by manages conferences mon dsagreeing votes
between them is founded altogether upon principles 81
utility and convenience. It's object is facilitate the
public business by harmonizrg their proceedings and
the suDposous could really exist and mutual con-
venence could be produced nv T. presume whatever
presumption might be drawn from il in theory that in
practice. the want of coordination on the mart If
committee then invested with powers would not long be
deemed sufficient consideration, To defeat arrange
ments founded altogether in mutual convenience, and
practical utiy.
The presumption therefore. drawn from the imagn
Ty theoretical case, he than question:
bic But there is another defect and material
one as appears to me, in the Presidents final Conclu-
sion
1t consists in the essential difference in the organza
ton of tic tribunals supposed 70 be- analogos Each
house ut Congress consists numbers The Executive
of single ndiViduaL Il wculh be manifesy inconve-
nieAt from hNt circumstance for a committee Ia confer
with either House coectivelv; but il would he entirely
convenient for it confer with the executive consist
ing Of single individual This difference is fuly Illus
trated IN the extent 70 which the President carried this
principle Of analogy, in auhorisng his Secretary Of
State, to personify the Executive in comforting with a
committee Of the Senate appointed 70 confer with the
Executive authority itself Where's according to the
constitution the Secretary does possess atom Of
Executive authority does the President possess the
power 20 invest him with the Office wanting the
ordination with the chief Executive authority of the na-
ton, essential to such purpose but committee Of the
Senate does participate IN the character and puwe
o the Senate, and tor certain ncohate purposes may
invested with its whole powers, and of would
not be wanting in respect to coordination with the FIX.
ecutive. Nor do see, how the Executive from its in
divisbilitY make committee Of itself analgoHs II
the proceedings Of either House of Congress- and It
evident that, from this dssmilarity in its organization
from its physical ncapacity, cannot in this respect
conform 70 the proceedings of either. The Secretary
Of State personying the executive for the purpose o.
conferriug would be analogous the Secretary Of the
Senate personfying that body for the same purpose
each being in the contemplation of the constitutions sub
ordinate the mere scribe 10 the tribunal, to which nc
belongs, and incapable of participating in its powers
or attributes This exposition shows the uncertainty
Of theoretical results. when drawn from practical diss
miarites. This also leads to consider the charac
ter OF the transaction in relation its suggested en-
croachment on the Executive authority.
il should be recocctcd, that the Executive in rea-
ton the Senate, upon the subjects Of reaties anc
appointments 70 Office, IS the active originating power
The Senate, the passive, preventive power. The Exc
cutve therefore presents the consideration Of the Sc
nate. all original objects The Senate may give or de
IN he m acfiv Rtff IS