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

ed hy the sovereign 10 whom it is addressed
clothes the party bearing it, with all the rights.
privileges, and inmunities which the International
law attaches TO his station. One who is no, fur
nished with such a testimonial, can never be con
sidered rs a "a public mnister' at ALL but a. a
mere special agent, withou, privilege authority,
except in the particularly specified in his
power 10 which no incident attaches. In one word
| sir, he must be either secret missionary OF his
sovereign, the existence Of whose appointment
and powers it is not nended to make public; or
special agent, whose Office is called into existence
by some particular treaty stipulation, in which his
right and duties especially prescribed and pro-
vided for. And in the latter case. the previous
treaty, which such agent is sent to carry into
execution, constitutes his credentials and super
cedes the necessity of bearing any other. So that
! every illustration given b. Martens, 30 far from
proving that there exists difference between the
Two cases, establishes directly the reverse and in
effect asserts, that ministers only be sent to
Congress, under and in pursuance of previous pacs
concluded, authorizing and requiring them TO be
there, while public minister, properly SO called,
derives his character from the public law, acting
| upon his letter of credence
| Did wish any other proof of this, too would
| refer 10 the very examples stated by the Senator
| from Massachusetts, TO support his position. He
tells Us, that Congress of nations assembled by
their ministers is no rare occurrence; and refers us
I
ed the celebrated treaty of Wes;phaia TO that as
sembled at Utrecht, and 20 that assembled at Ant
werp. To these he might have added many others,
If lie had pleased, even those recently convened at
Vienna and Verona. Now, sir. the Senator from
Massachusetts must surely recollect, that all and
each of these assemblies called for requir-
ed by previous pac,s, entered INFO by the several
sovereignties there represented and which special
| ly required such Congress to be then and there
held, and this for the special purposes which were
| there afterwards consur!mated. The evidence OF
such previous pacts will be found in most of the
referred to, in solemn treaties, previous, and
| formally concluded in the customary mode; and IN
others in the previous engagements entered in.o by
| the different soveieigns there represented; which
engagements, although not reduced 10 a formal
treaty were yet obligatory upon heir good faith,
| as If they had been authenticated; for it was
within the constitutional competency of these So
vereigns TO conclude such eng sgemen,s, without
consulting any other body.
And here, MIR. President, let me recall the a,,en-
ton OF the Senate TO an argument which used upon
another occasion, and 10 which neither the Senator
from Mar, land nor he from ,iassa chusetts have,
! | think, given any satisfactory reply then sta
ted, that before the United States could be au
horized to intrude any thing appertaining to them,
within the territory OF foreign State, whether at
Panama or elsewhere, and whether that thing was
a bale of cotton or 4 minister the AUTHORITY 10 do
foreign power 10 which such place belonged That
their municipal authority could not communicate
any such right TO the United States, because all
municipal authority must OF necessity be terrific
rial; its exercise was limited TO the boundaries of
the sovereignty from whence il proceeded, and it
could not run within the territories of foreign
State, without the consent Of such foreign State
previously had That, although ihi, assent might
be Inferred to all acts customarily practsed and
done By nations in their usual intercourse with each
other, under the international law, which derived
its obligation from the comfy and customs of
States; yet, that such assent could not be inferred
as to any unsual act, unknown to that law but
must be sought for only in special compacts or
conventions existing between the parties That,
therefore, the sending minister to a Congress of
States assembled for special purposes such as this
/ at Panama, which was an assemblage unknown to
the general, customary law of nations was an act
that could not be justified sanctioned by this law
and if permissible, all the right could only
be claimed under some previous pact, authorizing
it 10 be done: For, that ii the United States had
the right 10 send ministers to this Congress, and
coad derive it from the general customary law OF
nations, as the provisions OF that law wee not
peculiar to the United States, but extended equal
! ly to every other civilized nation under The sun
the right of every other such nation was equal to
our own; and, therefore, every European sovereign
might do the same act. a this, however, was an
]
would contend, it must be conceded, that our right
to send ministers to this Congress, could only be
traced 20 some previous pact, under which, alone
it might properly be exercised.
Arrived at this conclusion, / then commended
that there was pacI existing in this case, which
when properly ratified and concluded, would give
TO the United States the right, and impose upon
them the duty, OF sending ministers to this Con-
gress; and which, at the same time would give and
impose coTrelative duties and rights 10 and unon
the States there TO be assembled, authorizing them
to expect, and binding them 10 receive such minis
tiers. That this pact existed in the written invita-
tons given and accepted upon this occasion, which
If duly sanctioned. would be obligatory upon the
faith OF the parties giving and accepting as though
this pact was sculptured on marble, engraved on
brass, evidenced by all the wax and epgrossed
parchment rolls in the world. But that before
this pact could be duly sanctioned, it must accord
ing 10 the requr ements of our Constitution, have
been advised and consented to by two thirds of the
Senate; without which assent it could impose no
obligation upon, and, therefore give no right to lis
as illustrative OF this, then referred TO the trea-
ties and conventions all eady concluded between the
several Southern American Nations, creating and
providing for this Congress at Panama and might
have referred 10 all the now produced by The
Senator from Massachusetts,, and to the history Of
every other assembla9e Of States by their ministers
which ever convened, either in The ancient or mo-
dern world.
1T this be SO; if previous solemn pact be neces-
sary, to authorize any state 10 senJ minister TO
meet those OF other States, assembled at a Con-
gress, Thy which other ministers, of course so sent
cannot be accIedited,) and if such pact Cannot be
concluded without the advice and consent of two
thirds OF The Senate, whence is it, beg TO be in
formed, that the President can derive the right of
sending ministers TO Panama during the recess Of
this Seuatep tlpruau sureIv ,ot,.t r.-a.:..-