Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-04-21

the national sovereignty OF either contracting party in
regard to It's laws and form of government its foreign
relations" This council is be composed of pleni
potentaries, two from each nation. They are called
plen sotentiaries in every instance which they are
mentioned or referred 10 at all, without single ex-
d, ception.
In article l4th Treaty OF Colombia and Chill, thew
are SO called'Ihe Congress is to be Assembly OF
the States composed of their Ptenpoteatiariesn In
article Sd, Treaty of Colombia and Peru they are so
called-The Congress is 10 be an Assembly of the
States, composed of their Pienipufentiaies1 In ar
tice l7h, Treaty of Colombia and Guatemala. they
are 81 called-The Congress is to be an Assembly OF
the States, composed Of their lenpotentja,iesn In
article 18th, Treaty of Colombia and Mexico they are
so calicd-Thc Congress is to be Assembly OF the
States composed of their I'ienpoientia7ies.n So
wherever they are incidentally mentioned they are cal
led Ptentpotclttd19eS the Sd article of the Treaty
OF Colombia and Chilli provides that the contngents
therein mentioned shall be adjusted at the meeting of
the Pienpoentiares. Are Plenipoentiaries invested
with the powers OF government and sovereignty? The
idea is prcpoSerous. VIII il be said they NAV be,
NO, they cannot be such. Besides, it is expressIv
PROVIDED in every one of these Treaties. how thew are
10 be commissioned. They are TO be commissioners as
PieniPotenaries, and not otherwise In article l2,h
of the Treaty of Colombia and Mexico il is provided
IN these words"A Congress shall be formed IN which
each party shall send two Plenipotentiares, commits
stoned III the same form and manner as are observed
towards ministers of equal grade 10 foreign natons.,
and this is, 'a'tds attandiS the provision of all the
treaties And so far these plenpotentiaries from
beng invested with the powers OF government that they
not invested With the power 10 protect them
selves; but are 10 owe that protection TO the State in
which they assemble and this is expressly stipulated
for in all the treaties. And what is that protection TO
be! 1t is the protection due the sacred and nvioa-
BILE character of PlenipOentiaries This is what is
simulated Sec article Is, of the Treaty of Colombia
and Mexico: 1t provides that 'the Isthmus of Panama
being an integral part OF Colombia, and the most sua-
BILE point fer the meeting Of Congress- this Renublc
promises 10 furnish the leDofenf,a,fes of the Con-
gress all tie facilities demanded by hospitality amon
kindred people, and by the sacred characters of I'm
| s cd
other nations from Colombia, ard BY her from them if
the Congress should be compelled to remove its seat
Zach nation cxacts guarantee for the protection of
ITS llenipoteniiaries clearly proving that they are 10
he merely PIenipotentiares; merely diplomatic Con-
gress or Council, and incapable OF protecting them
! selves.
Besides, all the treaties in the spulaons for the for
nation OF tins Congress, and in defining lis duties and
IFS Office, limit the Congress the power of council
merely. Article l4th in the Treaty OF Colombia and
Mexico, which but transcript of the same provision
IN the other treaties and which defines the office of the
Congress 10 be, ITO Council on great occa-
SONS; point OF union in DANGER faithful in
terpreter OF Public Treaties in of misundersapd
ing; and an arbitrator and conciaor of disputes and
ditlercnccsn
This is all the grant of powers which the Congress
nave made 10 them this the whole of its Constitutions
Tor though is said in The Sd article of the Treaty of
/ Colombia and Chill they TO adjust the contingents
therein nen'oned and in the 18th article of the same
really hat ey are 10 cement the intimacy of tie uni
on between the States; these offices are virtually ncu
ded in the above definition of their duties Now how
Is ii possible TO say that here is grant of any mowers
except those 6 councii2 The Congress is expressly
made TO serve as counc great occasions: not as a
government great occasions or on any occasions ht
council VIII be "a id that these orcasons nav
embrace military and naval operations BE it so; still
II Is ohiy council as to them; not power order not
power 10 direct them The question is whether tbev
can do any thing more than advise They are sto serve
rs point OF union in time OF danger.D This makes
mem me central point of communication, and the We
nicie OF intelligence 10 the allied soyeregntcs Sure.
moi flor,
4 They are to be faithful Interpreter of treaties in
cases OF misunderstanding" By this thew are to give
opinion aud advice; nothing VIII il be pretend
eli that they have not only the power TO inerDret trea
lies, but enforce TIC interpretations Nothing can be
moe groundIess There is not syllable that irnnIies
any power whatever TO enforce their INTERPRETATION.
and as an arbitrator and Conciator of disputes and
:, dferencesn
Their treaties were the only source ont of which,
could arise any disputes and differences 10 be arbra-
ted they being independent sovereignes and meaning
TO remain SUCH And surely arbitration in such case
implies nothing more than opinion and recommends
tom and what proves it is, tba; they to be the con-
c'ators as well arbitrator. At any rate arbitra-
ion Is not judiciary power, strictly speaking; which i'm
plies execution well adjudication As to adjust
ing contngents, what is that but agreement Of the
parties by their agents, what the contribution of each
shall be: is that power to enforce the contributions
no ohe VIII pretend IT. As to Ccmcntinr the intimacy
Of their relations that surely is the Office of friendship
not OF force VIII it he said the BODY will be perm5
nen What has that 10 do with the question of its nav
Is'--d CouhCI many ne permanent; power NAV be
temporary. The Dictatorship Of Rome was a tempo-
rarr power viii it still be commended that this Con
gress is coniedersted sovereignty What one prero-
gaIive OF sovereignty has it, Can they raise ariess No
tiey cannot tan they equip fleeis2 NO. hev cannot
an they command either the ono or the other No
: they cannot Can they levy and collect taxes No,
tney cannot not cent they levy, not even for
thcir own subsistence that they must owe 10 their ap
pontmenis and had they no trcans of living but -
her Own powers they must saryc TO death Can they
declare war, or conclude peace They can do neither.
Can they regulate the relations Of those nations with TO
reign powers. No, they cannot. Can they regulate
any subject whatever of their internal policy? Not any
They Cannot even advise these subjects. Can thew
coin money and regulate the curreucy2 No; we're ev
to attempt to do this they make themselves criminal
and expose themselves to punishment Can they pass
any law, or execute any? They cannot Have thrv
the power Of protecting the society around them; They
have not even the power of protecting themselves
They DO Of these things; for the simple rea
son, that they not Governments nor Intended TO
be a Government but merely Congress of diplomatic