Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-02-17

late Treaty of Client, is in contravention
OF the sixth section of the first article
| IN the Constitution of the United.
| States"
On suggestion of Mr.. Wright, the
| words ahhoiatment and" were inserted
before the word acceptance"
The question having been stated on the
| adoption of the resolve
| Mr. FORSYTH rose and said, it was
with much reluctance he opposed any mo-
tion, the object of which was enquiry into
ailedged abuses under government. But
the appointment of a committee on this
occasion, appeared to him so totally unne-
cessary, that he was compelled to oppose
It. If he had understood the gentleman
from Virginia, his idea was, that the office
had been created during the time for
which the gentleman in question had been
elected to serve in this house. But the per-
son named in the resolve, had been elected
to serve from the 4th Of March, 1915,
to the 18th of March, 1917. The office
which he had accepted, had existence
prior to the 4ih of March, 1915; or it is
not yet created. Either it has no existence,
or II existed from the day on which the
notifications of Z e Treaty of Peace were
exchanged-the 18th February, 1915. If
he Office was created by the Treaty of
Peace, the acceptance Of it was certainly
no violation ofthe letter or spirit of the
constitution. If it was necessary this house
should act on the treaty before the Office
has being, then Peter b. Porter has accep-
ted no office, the Office he is said to have
accepted having no existence. The gen
tleman from Virginia seems to suppose,
said MIR. f. that the doctrines maintained
by this house as to the treaty making pow
er. are adverse to the idea of the Office
having been created by the treaty. Not
so, said Mr.. F. these doctrines are perfectly
consistent with the idea that this office
was created by the convention. Ii is not
pretended that Commissioners for any pur-
pose of foreign intercourse, as regulated by
treaty, may not be created by the President
and Senate: on the contrary, according to
my understanding, the Office is correctly
created by the President and Senate, and
entirely within that power.
The agreement, between the two govern
ments that Certain questions should be
settled by commissioners, required not
the sanction OF this house, further than it
would become necessary for the house to
make an appropriation to pay them for
their services. IF their services were to
be compensated by any act of this house
which Peter b. Porter had3assisted in pas
sing, there would be some evidence of Vi
citation of the constitution but no such fact
existed, nor any other that was sufficient
to authorize this house to enquire into the
subject.
Mr.. RANDOLPH said, the honorable
gentleman's dilemma, which he had so tri-
umphanly presented to the House, carried
on its horns no terrors for him. The hon.
gentleman ought to be obliged to him, he
said, for having, by timely notice of this
motion, given him an opportunity to shar-
pen the horns of his dilemma. They re-
minded him, he said, of circumstance at
tending the exhibition of the bull-fights of
the Portuguese, in their ancient and better
days-the horns of the animal turned on
were cOUered qoith leather they threaten
ed, but wounded not-and that is the case
id he, with the horns with which the
gentleman makes full but at me- The
gentleman had said that the Office to which
the late member from New York was aD-
pointed, has been in existence from the
18Th day of February last; or, because the
house has not definitively acted on the trea.
iy, the Office itself is yet in embryo, ready
to be called, but not yet springing into ex-
lstence. Would the honorable gentleman
from Georgia tell this house, and would he
SSil eiiio hoNiohb IuaN 10 appoint 10 all OHlCe
not in existence, and to accept an Office
which has no existence, is no offence ! On
the contrary, Mr.. X. said, if the Office was
not in existence, then the indecent hurry
to reward a political par.izan with some
of ths fruits Of the war, which was con-
ducte1 under his auspices called forth the
coctive interference and correction Of this
House. So much for that horn of the di-
lemma-that horn, said he, think is sazy-
cd of-the other will not remain on much
longer. But this Office was created by the
treaty. Does it therefore follow, that it
does not come within the perview of part
of the provision of the constitution which
have read ! There was not an instant of
time from the creation Of the office, be it
created when it will, that the acceptor of
the office was not member of this House.
MIR. here spoke of the precise time when
the term of service of new CONGRESS-
s-mathematical.y at midnight
the 81 OF March politically at that mo-
ment the index of the clock Of the House.
set backwards or forwards 10 suit circum-
stances, pointed to twelve O'clock, &c
Was there moment, he asked, from the
creation Of the Office, supposing it to have
been created under the treaty, in which
TN t gentleman was not member of this
Houses He w.uld 80 farther-was not the
acceptor of the Office a member of the
House pending the discuss on Of tho cues
ton, whether the treaty should or should
| not be carried into effect by a vote of this
House Mr.. II. was here informed, that
l he tvoc nrf Il a.,, r,,.eeot