Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-05-30


when he saw that war existed with Algiers, that
many oil our citizens had been made captives.
anu were then held in bondage by that power, and
that our then defenceless commerce was daily ex-
posed 10 injury while this war continued Presiden,
Washington sent message to the Senate, stating
to them these facts, informing them that prospect
then appeared OF making peace, and communica-
ting the terms upon which he believed this desra-
bic object might be accomplished. In this message
he asked the advice Of the Senate, whether he
should enter into negotiation with Alsiers for this
OBJECT or not; and if so. what ough, 10 be the terms
upon which the peace ought to be made. In reply
TO this message, the Senate on the Sth May, 1892,
ADVISED nm to enter into the proposed negocia-
hon. and to conclude the peace if he could upon
the terms proposed And TO enable the acrom-
phshinent oithis object, an act was passed by
congress on the same day, appropriang fifty thou
sand dollars; and the celebrated Paul Jones (who
was then in Europe) selected by the President.
as the agent most proper TO carry these views into
siect, and commissioned in June of the same year.
at The time this transaction occurred, some
reasons existed 10 apprehend, that if the plan of
the United States was known, some European
power would endeavour 10 embarrass its execu-
ton, and defeat its object 1t was therefore kept
apTotound secret Mr.. Jefferson, the then Secre-
tary oil State, in the instructions intended for Com
nodore Jones' uses this remarkable language:-
Surprising that there exists disposition TO thwart
our negotiations with the Algerines, and that this
would De very practicable, we have thought it adj
Vlfabie, that the knowledge of this appointment,
shohldres, with the President, MIR. Pinckney, and
myself; Tor which reason you will perceive that the
commissions are all an nay o,cn hand ,criting:
ioF me same reason, entire secrecy is recommended
20 yoi; and that you so from the public your
departure and destination, that they NAV not
he conjeciured Or noticed Now the idea of
secret minister was one much too absurd ever 10
nave entered s"ch head rs that of either Wash
lnS;oi or Jefferson Jones was never therefore
appointed public minister but mere secret
agent O! The PRESIDENT; and is expressly styled in
the Instructions intended for him "Commissio-
neT." He never acted under this appointment,
however, but died soon after it was made. Up
on his death Mr. Barclay appointed to the
same situation, and with the same instructions
lie too died =" re-infecta" and then Mr. Hum
phreys, our minister Penipoienary resident al
Madrid, wSS directed to perform this duty, which
lie accordingly accomplished.
Such sir, is the history of the case of John
Paul Jones, who was secretly depu,ed by the
president, to execute a measure previously 0dpi-
sea- oy The Senate, and who never accepted or ac-
ted under this appointment as secret agent TO
barbarian tribe, the object of which was TO termi-
nate dreadful war then raging. IF such case
can lie made 10 support the enormous prerogative
uo'v asserted by and claimed FOR the Executive,
ny faculties are much too obtuse 10 enable me 10
discern the mode in which this can De done
1he next case TO which we have been referred,
IS That oil Messrs Monroe anil Pinckney in 1896
And here let 1t be remarked by the Senate that n,
other case OF any original appointment OF a Minis
ter 10 any foreign State made during the recess of
inc Senate, except that of John Paul Jones, has
been Teierredto, as occurring throughout the whole
administration OF President Washington That no
case ci any such appointment made throughout the
whole administration of hs SUCCESSOR President
ADAMS, has been produced. And that no such case
mas oeen supposed 10 exist, during the first five
years of the administration of his successor. Presi
aent JeheGson seventeen successive years from the
creation of this government, had then passed h,
HiE'ng each OF which frequent occasions must have
existed tor the exercise OF the power now asserted
ny the president; and yet no single case can be
round oil any claim being preferred TO- or any er
ct'!oh OF such power; such forbearance makes
body OF evidence, 10 show that no such mower WAC
believed to exist, too strong think TO be resisted
A'i' Jet Us see II even this case be anomaly, or
the commencement OF new practice.
The Senator from Maryland produces ex,r.c,.
from two Commissions, bearing even date in Nav
looo, during the recess of the Senate and states
mat he mas been informed at the State Department
t'"' 'Dese appointments were then made One of
these Commissions constituted Mr.. Pincknev our
Ministers resident at the court OF ST. James. and
we other appoints that gentleman and Mr. NIonro.
Envoys Extraordinary, 10 negotiate treaty win
that court. Now, sir, as TO the frs of ,beso r.,
missions, 1t shows upon its face, that constituted
MI Finckney the successor of Mr.. Monroe. This
minister having asked his recall, and his wish bein
granted oy the President, vacancy so happene1
In this Office then actually pIe-exisiinp. and once
supplied with an incumbent. And this yarapcy
"ccuIiinS during The recess OF the Senate, no one
can doubt that the President had then the cle,r
right under the Constitution TO fill nm such -.
cAncy as he did.
As TO the other Commission, the Senator f,o,o
Maryland has been nisinformed AT the Dena-,r,en,
OF state; and the mistake in that department has
most probably been produced in this and in ,nanv
o'her cases, By conioanding the date ofthe appoint
'ileh' WIN the date OF The Commission. a refer
ence to the Journals of the Senate will show, thu,
the nomination OF Messrs. Monroe & Pincknev .s
Anvoys extraordinary, to negotiate treaty with
Great Britain, was reguisrly made bv Prcsiden,
Jefferson, TO The Senate on the 10Th day of Anril
1916, and their appointment regularly advised and
consented 10 by that body, on the DIST dav of n.
same month"; 90 That this case too is nothing more
, man an example OF the regular exercise by the
Pre- iient, OF clear right placed within his com
potency By ;he Constitution itself
Ahe next case to which we have been referred ia
lhat Oh Nlr. snort, who was appointed by PresiJen,
Jefferson, Minister to 81. Petersburg, during Tho
recess OF the Senate in 1908, nineteen wear. af,er
his government had been in operation, durino al
which time no such power had ever been f."
claimed or exercised. '
The facts Of this caae are as FOLLOW. TJnds, Tho
old confederation, Mr.. Dana had been enno;o,oJ
BY the old Congress Minister to this court j.
l75O, bat was never received or accredited ,born
10 ieVo, . the emperor Of Russia having on sev-
er'i occasions indicated sentiments paificusriv
Iienuiy 70 ine United States, and having express
ed wish through different channels tbs, a lit
inatc intercourse shouldbe established be,,aoo1 ~.
two Countries President Jefferson believing ,bs,
- IN The then extraordinary state of the wo,1 ,n1