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

lister to this Congress at Panama, whether invited
so to do or not. Dat foreseeng what state of
things necessarily arise under his construction
al Tins public law, he very wisely has provided
Rowland for this Oliver, ard has given to the Con-
g'ess OF Panama. right to reject any minister who
might there appear without a card of invitation.-
This argument / Will answer by stating, that can
conceive the possibility tina, human cunning may
at one time or other acquire so high degree of
perfection, as TO discover some process OF reason
ing, by which the quadrature of a circle may be
demonstrated; and that mankind will not always
rest upon the mere experimenting process of the
Greek pellicoid. | can imagine that human inge-
nuity may possibly at some time or other invent
some means, by which the now apparently absurd
problem OF perpetual motion may be shown not TO
be Imaginary. Bat my mind cannot compass the
truth of that moral lesson, which asserts even for
the Mos, High. Il mean no irreverence, siI,) the
power oil creating two opposing and c0ntrddicfing
rights. And If wished any proof TO satisfy me
that this must be paradox, | think should ieadi-
ly lind it, in that point of the argument of the Sena
tor from Maryland himself, in which he comedies
that for one nation not 10 receive the minis err
whom another has right to send TO it, as Just
cause Of tcdr. Now, according to my notions
upon the subject, the right to give JUST cause
Of war; is little else than the right TO do wrong
right OF which The Senator from Mary and is at
this moment he strenuous advocate, according 10
my poor Judgment, when lie claims for the Presi-
dent right the exercise of which is forbidden by
the Constitution. II is quite adage, however,
that In guest OF power always forget right--or
az leas; confound the two.
The Senator from Massachusetts saw very DIS
tinctly the consequences to which the argument of
his friend from Maryland necessarily led; and in
avoiding this Scyla, has uuhappily fallen upon
Charybds. He argues that, although the right of
live
from the public law, but must be claimed from ex-
pressed censen, alone We, that this consent may
he CIV en- in any mode whatever, and needs not the
soemnlty OF pac; TO give IL obligation. Betw cen
this Senator and myself, then, sir, there seems to
be no other difference than in words merely. =
We both agree that The right depends upon ex-
pressed consent, and the only question between us
Is, whether this expressed consen, makes part or
not. Now, according to my humble Judgment,
every assent which must be expressed 10 give it
obligation, and which when expressed creates rights
and corTea,ive duties upon the parties giving and
accepting 1t, makes pact; provided that assem-
proceeds from hose authorized give or TO accept
1t And leave it TO the Senator from Massachu-
sets, TO decide IS neither any such pact creating
rights and obligations, be finally concluded
without the aid and consent ofthe Senate al least
l will not deiain the Senate, by any COM
ments upon the of Don Onis, the former mi
mister sent 10 this country from SPAIN but not re-
ceived here, which ease has been referred TO. 1t
ls enough TO say, that in recognizing the right of
Spain TO send minister 10 the United States
they did not thereby recognize any particular SOW
ereisn OF Spain at hat There " as then ci-
VII war raging in this ancient kingdom, which left
II doubtful with whom the sovereignty OF Spain a
bided, eiiher'' de lure" or de facto'' and pend
ing this contest the United States acknowledging
The right TO send minister, as apperanir- TO that
sovereign, were not bound TO decide and would
not decide, who that sovereign was. But until
that question was settled, Don Ons had no right
as minister from the sovereign of Spain, simply
because it was not known who Spain was
have here done, sir, with the merits of this
question. in discussing it have endeavoured to
establish these three great propositions. First,
that The power claimed by the president according
to the natural Specification of the terms he has en-
ployed to communicate his claim, and cco,ling 20
the explanation given OF these terms by himself
NOT only In their context, but in other cotempora-
neous communications made to the Senate, was
Broad strong, and unqualified assertion of poy er
acknowledged even by his advocates here, TO have
been never before made, and against the use of
which this people ought 10 revolt. Secondly, that
ms claim OF power even if limited end circumscr-
bed, as these advocates would qualify it, still as
serts power denied TO the Executive by all the
principles of all our Republican institutions by the
positive commandments of the Constitution itself
ana OF the exerion of which no fair example has
ever existed throughout the whole history of this
government from its very creation And lastly
hat even II any precedent OF the claim of exertion
OF similar power could be produced, such prece-
dent could MOI justify it in this case of Ministers
10 the Congress OF Panama: nasmuch as the a.
s'eement 10 send such Ministers (wiihout which
agreement they could not rghtfully be sent) was
a compact creating rights and obligations, which
compact, under the Constitution of the IT, States.
could not be concluded without the previous adj
wee and consent OF two thirds ofthe Senate, and
hai IN this case such advice and consent never had
Oeen granted, but was positively refused.
Before resume my seat, Mr. President, I would
take some notice OF the motion w tn which the
senator from Massachusetts concluded his remarks
ana OF the reasons urged TO induce its adoption -
AFTER an elaborate argument, the object of which
was to prove that the power asserted by the Pre-
sldent was within 81 the constitutional competency
OF the Executive" the Senator from Msssachu |
sets concludes with this notion that the further
consideration OF this subject may be indefinitely
postponed. a singular conclusion from such pre- |
mises' and plainly indicating what degree of conf
uehce Is Ieposed In the argument itself But, sir,
nave already exhausted much of your patience.
ana my own strength, that | must leave to Others
the task OF examining into the reasons assigned for
such proposition; and of showing the probable |
consequences OF adopting the course proposed es |
peciaily alter the discussion that has now taken
place.
CONCLUDED