Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-05-26

pleasure. Yes, sir, that he has authority the mo-
ment we adjourn, to send Minister TO Greece, or
TO Hayti, he shall choose to DO Not on.y may
he do this, but that, during the of the Senate
he may send any Minister he thinks proper, to any
Congress OF any nation of any people, (whether
assembled At Panama, ut Verona, or Vienna,) I,
with which he in his unrestranej discretion may |
see INT 10 connect And that he may co,he these
MS Ministers when so sent, with any powers, func
tons, authorities, he may choose even to con-
tracts offensive and defensive, pledge the faith
oil the United States, tor any other purpose whats-
Such, sir, is the position these Senators take
And how have they supported the assertion of this
| enormous prerogative, which they claim TO apper-
tain to the President as OF right? Have ;hey sought
support tor In the wr,,en prccepts of the Consti-
tuition? No-Do they deduce it from any principle
derived from the general theory Of our Government,
or the genius and spirit of our Institutions? No
But they support this eXtravagant pretenson, hor-
riby por'enous rs II is to the best interests and
dearest rights OF this people, by few presidents
which their industry has enabled them 10 pick up
in the o5scury where they lay hid sparselv scat
tered here and there IN the secret history of d-
plomatic intercourse " 40 W6e condita?''-Yes
SIR they ind IN our archives examples such as our
sacred history records OF angel visits, 80 but few
and flr between,'' and because they have discoy-
cred q Jeto cases, IN which power supposed TO
be somewhat analogous 10 that for which they con-
tend has been exercised by some Presidents under
circumstances altogether aieto and rery peculiar
they think they argue fairly and logically from such
premises, when they conclude. that because some
former Presidents have exerted some such power
under some special circumstances, that therefore
the present and all future Presidents NAV exert as
OF right, similar power, in all whatsoever
They contend. that because, during the recess OF
| the Senate, Consul has been appointed by one
President, TO supervise the interests OF sailors,
| IN fla mo-. nj
carried on commerce, crgo, during a like recess,
all Presidents may OF right appoint Ministers TO
any other nation, with which we have never had
connexion OF any kind, even China, Japan, or the
! Grand Turk-They contend, that because, during
tic recess OF the Senate, one President, in time OF
! Migrant war, has appointed Minister 10 negoti-
ate peace with Barbarian tribe; ergo during the
like recess, all Presidents in tae of peace NAV of
right appoint Envoys Extraordinary, to recognize
the independence OF any people, struggling TO free
themselves from the domination of their former
Sovereign, our approved friend. And they con-
lend. that because, during The Of the Senate
one President, in time OF universal peace, has an
pointed a Minister TO ancient and acknowledge
ed Sovereign merely 10 maintain with him the Gus
tomary relations OF courtesy, aulity, and commerce
ergo, during the like Tecesses, all Presidents NAV
appoint so many Deputies as they think proper TO
Congress to be composed of they know not
whom, or for what purpose assembled
gument which has been urged upon this subiect:-
An argument, the of which is stamped so
strongly and plainly upon its very face, that |
would no, 'respass upon the time of The Senate in
answering Ii, was 1t not for the awfully important
consequences to which it unavoidably leads As
these consequences, however, involve the very ex-
s.ence of this Government and the liberties of The
People, hope shall be excused, if detan YOU
longer than perhaps ought, while examine in de-
tan the various cases 10 which we have been refer
red, and upon which alone this argument is made to
| rest.
Before do this, Mr.. President, must be permit.
ted TO premise some general remarks, in which (f
they be corect) the Senate will find satisfactory
answer to all these presidents, they even more
numerous, and more strictly applicable, thsn those
10 which we have been referred
| And hrst, sir, utterly deny the correctness of
mis- doctrine, which seeks 10 create new substan-
tive, and fruitful source of power, in existing or
future Presdents, from the past practices cf their
predecessors And / deny more strongly. If 7
may GO so, the authority 10 enlarge the volume of
power, Issuing from this newly discovered foun-
tam, ~ The process OF induction and reasoning by
analogy. Let II be once granted, that the practice
OF one President gives legitimate authority 10 his
successor; and that this authority may be enlarged
| by analosies, and il must be obvious to all tba,
the power granted by the People 10 the Executive.
although made by the Constitution but school
boys snow ball, in a few turns would become
mons'rous avalanche that must one day crush them
selves Under government founded upon a writ,
ten constitution, by which none other than lmiie
! power is granted, and in which all powers no,
granted are expressly reserved; in the nature of
things, there can be no other legitimate source of
authority, than the written Constitution ITSELF
ANY department OF such government, therefore
which exerts power that cannot be deduced Ill
rectfy from this Constitution, is guilty of usurpa
ton.
1t is true that where the language of the Consti
tuition in its grants of powers is doubtful, the con-
slant practice under 1t, regularly and invariably
pursued, whenever has arisen within the
scope OF the doubtful grant, and in which practice
ali have acguiesced, and for long time, is emit
tied to very high respect; and perhaps / mich;
even so further, and say ought to be considered
as conclusive, TO show that such a practice was
OF right And why is this? It is because. in a
doubtful case, such constant and regular pracrices
so uniformly and invariably acquiesced in, amount
TO the highest evidence to prove the correctness o
tie original construction of the grant, from which
grant the power is directly deduced But where
the Constitution is not doubtful or where cases
are found Of mere occasional departure from the
principles on which the Constitution itself i.
founded, although the parchment rolls should reach
high as Pelion piled on Ossa, and Olympus uson
Pelion, the presidents they may furnish ought moi
to weigh even as The dust in the balance,
If this be so, it follows, necessarily, that before
an case furnished by our archives can be consul
cred as entitled TO the slightest respect az prece
dent OF rlghtiul power, it must be clearly shown
- be IN accordance with the principles Of our in
siI'ntons, not conrarent 10 the expressed precen,s
OF the CONSTITUTIONS, and to have been adopted AZ
rule regularly and invariably observed in all other
cases OF the same kind, which preceded or follow
ed 1t. say regularly and invariably observed.
~ an have -