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

nation OF I1fr. RitSseH and his retRS0L
In the course of the Deliberations on the nomination
of Mr. Russell the 18th of June last the Senate
10 the following resolution:
"AEosDAY J,tnc IL
The Senate resumed the consideration Of the nomination
ofJonatan Hussci together with the motion submitted
thereon by r. Wells, the 18th instant the motion
was amended ard agreed as fol ows
Resoivsd, That the nomination of Jonathan Russell.
the motion of Mr. Godsborough on the subject, together
with the message OF the President of the United States
9TH instant with the communications therein mentioned
be referred committee with instruction respectfully to
confer with the President of the United States upon the
iect ofthe said nomination, and report thereon
Ordered, That Mr. Wells, Mr.. Giles & MIR. King be the
committee"
shall purposely overlook all the incidents which
took place directly between the President, and the
committee thus appointed. from this date, till the 9Th
of July following when the message of the President
declining the proposed conference, laid before the
Senate because, although those Incidents might give
rise to commentaries which might be captivating
TO some minds, yet they probably would be of I'M
pleasant nature, and real advantages the ar
gument might be derived from them, l should cheers
fully dispense with them, rather than risk the hazzard
of Internationally wounding the Presidents feelings. II
my sole object, to place this subject upon its
trinsc merits detached from all incidental consdera-
tons. Whether il should ultimately be conceived by
the public, this resolution of the Senate foun
ded principles, not, presume every i'm
partial mind admit that such proceeding could
be justified any occasion, the one, which in
duced he Senate resort to it The extraordinary di-
lemma in which that body placed in, being called
upon act upon general intimaton of unexplained
considerations inducing in its opinions, deep
ly affecting the honor and the interests OF the nation,
the sOlcituGe mutually felt by it. understandingly
the subject and the of the high responsibility
attached every Senator IN OF acting enormously
thereon Furnished the strongest motives the Senate
request of the President frank disclosure of his real
objects the OCCASION and respectfully confer with
hi@ ,hereupon. Without entering into affirmative
exposition &C tie principles upon which Ipresune the
Senate Itself justified in adopting the resolution
shall proceed respectfully TO examine the grounds
upon which the President felt himself bound to decline
the proposed conference aogcsh:rj and the replies
them will sufficiently elucidate the views entertain Of
the subject.
Here cannot help expressing painful regret that
after the deliberate attention to tie ressniug of
the President in favor of the position he had taken,
able to acknowledge lis Conviction Il is con
tanned his message of the 9th of July, commencing in
following words1
The following written message received from the
President of the United States, by sir Graham
81 10 the Senate Of tlle United States.
have received from committee appoiSted by the
resolution of the Senate of the l4 day of june copy of
that resolution which authorizes the committee
With the President the sub ect of theppunaon made
by1in of minister plenipotentiary 10 S4taf&n
" Conceiving it to be my duty 10 dec opposed con-
ference WITH the committee, and il be 50 tain when it
may be convenient explain the coH va and THROUGH
them TO the Senate, The grounds oiny so doing, think 1T
proper addess the explanation directly 20 the Senate
Without entering into general review OF the relations IN
which the has placed the several dePsTtin s
OF the government TO each other will suffice to remark
that the Executive and Senate, III the cases OF appointments
Office and of treaties, to be considered indepen
dent and coordinate with each ohr. II they agree, tn
appointments made. the Senate djSsgree
they fall If the wish information previous iheir
final decision the practice, keeping in view the cOnstu
t;ona relation oahe Senate and Executive has been her
70 request Executive furnish it, refer tho subject
committee of their oOdy Communicate, either tor
maly informally with the head OF the proper depRrt-
The appointment OF committee Of the Senate to
confer immediately With the Executive himself, appears TO
lose sight Of tie ordinate relation between the Executive
and the Senate, which tn constitution has established, and
which ought therefore TO Be maintained"
1t is here to be remarked, that the President does
not even intimate that there is any express Constitution
al inhibition; Of respectful coEereuce, between the
Senate itself, or between COMMITTEES acting on the
part Of the Senate, and the Executive upon subjects OF
their concurrent Jurisdiction butiuers impruprety
from the consideration, that the Executive, and Sc
in Of appointments to Office, and treaties
20 be considered independent and Coordinate win each
other, and after pointing correctly the usual course
Of proceeding Of the Senate on ordinary occasions con-
cudes
The appointment of committee ofthe Senate to confer
Immediately with the executive HIMSELF appears lose
sight OF the coordinate relation betwecn the Eeouye the
Senate which ihe constitution has established, and which
ought therefore 10 be maintained.
II seems to me sufficient reply TO the reasoning
Of the President, which conducts him this result,
Observe that the recital Of the usual Of proceed
iugs by the Senate ordinary occasions, affords
wy some other should not resored TO, on
extraordinary occasions, The TRUTH IS, that the COurSe
of proceeding in the Senae upon nominations IS varia
be suited to the varying crcuDstanc Of the case, and
always intended TO attain the means necessary and pro
per- enable 1t act uHdcrstandihgly each. But
Che principle upon which the Presidents inference Fl
Ually places bis obligation decline the proposed
ference is, that the Executive and the Senate IN
certain respects, ordinate and thence substantially
draws the inference, that to confer with committee
oil toe Senate would be derogatOry to the Executive
character. II is, as far l am able to judge, this
quality Of ordination between the two departments,
which alone justify ,he principle of their freely
ferriug together. If ibis quality would not justify such
proceeding, il IS admitted nothing can. 1t instead
oil being coordinate with the Senate were subordinate