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

noIi'y 10 direct the operations of the exist
", prove II thus Peace is the sole legit-
mate OBJECT ofall To attain this desirable end.
,e moment war exists, every man, woman. and
emu OF 'he one bellgereni, is made the enemy ,f
e, man. woman, and child of the other. exrb at
10 90 the other all the harm in its power. in
o'uer 10 consirain 1t TO sue for peace. The Pres-
=, Ign. % Inc u. States Is by the Constitution made
."e con'thander In hiei of their army and navy:
ana IN that character is authorized. nav hound In
direct The military force of the copntrv IN i'm. of
war so as TO accomplish the great object of war.
"h''h Is peace IN the most speedy and eiIectuai
manner his discretion may suggest And that which
ne may 90 IN person, If not forbidden by law. he
may 10 Uy his minister agent. Now sir, can he
"iohs "hen conclude from such premises, that he
"no may negotiate Tor peace by the rear of artii-
Iery, by the coniagration of cities by the desoIa
'!on OF country, by the wailinss of widows. the
s,HieSS OF orphans, and the groans of dying men
'ha' ne VINO may negotiate for peace by blood
ana carnage, may do with pen, ink and paper
also? -N VA" Pope
ihe Senator from Maryland tells us, however.
ana refers to 'atel as his authority, that the com,
% an army cannot conclude peace. That
me power oil concluding peace is higher attribute
OIL sovereignty, which can be exercised bv none
otier than those TO whom this SOVEREIGN ,isbt he
.'"s9' no one doubts this. ! have never CON.
'enued 'hat the commander o. an army could. as
SHch' even negotiate for peace But / have con-
,eaqeH' that the Chief Executive Magistrate of the
"'"es' created by the Constitution the COM
sho director OF all their military and naya.
force, may depute either his commandins General
or Admiral, or any body else, TO negotiate COR n
peace. Mark, sir, say TO negotiate for a oeace'
.'u co hot say to conclude Deace Should the
president depute his General TO DO this. the neeo
!iauon VIII be conducted by such commando. no.
IN virtue o. = powers Incident 10 him as com
O~' IN puTsuai. &c OF the authority delega-
a mi isfa
So"auon eventuaie IN treaty, the treaty viii not
DE obligatory until it has received the consent of
muse 10 whom this portion OF the sovereign au--
.Ho!'ty belongs. Nor will the peace be concluded
ny II unU TIE Taticauons Of the treaty so approv-
CD nave been inteFchlnged by the high contracting
sovefe'sntles, who parties to it,
A"en' as me Onltefi States aud Algiers were at
Ma'' "Heh 'hls appointment of John Paul Jones az
minister 10 the latter. to treat of peace took pIace
1 resident Washington had the clear right. under
'He constitution, 10 rlake such appointment But
'e senator from Ma ssachusetts here remarks. that
inns appointment constituted Commodore Zones a
lAii'ise f 10 treat not only of peace but of com
Netce "iso; AND, al. commerce has nothing to do
W." wal ne ASKS how this can be justified, except
lei.t'i5 = 10 me over OF appointment. 10 be
exercised by the President, during the ,ec.ss of
me Senate! This reminds me of a question ,vb;ch
useu 10 De mooted IN the schools whether occorA
Ing 10 the theory of tie British law, which 5oes
not acknowledge a moment of in,erreenn,n
charies the First was beheaded in his own reign or
III 'h", OF his successor. When this question was
T'.e o'eeusseu' gentleman present remarked.
'ha as inns event must have occurred either dprinr
me one epoch or the oiher If it ever did occur
ana as great doubts seemed 10 exist whether either
P'oPo@iuon was true, rTinsry question ought tn
oe settled, VIZ. was King Charles the F.rst ever
beheaded! So too, here, before we INQUIRE ne IN
'he functions with which the Minister might pro-
perry De charged, we had better previously settle
tle Iish oil the PRESIDENT TO send him; for, in
termine the other -
IL me Senator from Massachusetts, will conceas
(ahd his Inquiries seem to do SOY tina, the exstrnc.
% war Justihes the President during The recess of
ie senate, 10 despatch minister to tIeat of neac.
nen' a' peace must be concluded, b fore ny neac.
Si@'iO" concerning commerce could commence: & ax
peioie peace could be concluded, treaty must have
been ratified, by and with the advice and conseo,
o. me senate, which advice and consent necessa,;-
ly pTesuPposes their appreciation Of the anno;n,
meht OF the minister who negotiated the tres,v
We conclusion cannot be avoided that the sD,oi,,
h'e" " '!le minister, as minister 10 treat of COM,
merce' was not made without, but must have bee,
ui"oe VIM me appreciation 1.-THE Senate Ifgentle
men WIZ zeal In ao'tracions, seek 10 puzzle us nv
suos'ieies OF distinction, beg of them to re-
collect, that although the authority to treat of con-
meTce, may have been inscribed on the sane p.,ct-
men'' wherein was written the authority In ,rs.,
o. peace; yei, IN the nature Of things the former
appointment must hsye been 10 use their own
pHTdse) mere potential appointment, HAVING n.;
'her salary nor duty attached to it, until il was go
proven ny The Senate in their consent 10 Inc Is,,sr
-, ~ ,rer appreciation ola treaty of peace
That until this assent was had, and peace ac,ualt.,
concluded the authority 10 treat of coun,erc, -
mere contingent instruction. and created No ofF,
tne nomination " icb would make il sucb ~.
nave received The advice and consent of the Senate
Wi'houi which, no original appointment except r.,
treat oi peace, ever has been made or ever can
consiliutionally be made.
III be right MIR. President, in the view " hicf
nave thus taken oil this case il results thai POI;
dent Washington would have had the clear r;.,b, -,
make The appointment Of John Paul Jones. a, ,i,s
Time ana under the circumstances existing ,,bs -.
j. supposed to have done so; and that ease tbers
ioIe, constitutes no precedent 10 supnort fbe bieh
rrerogaiiye claimed by President Adams moss
bu', sir, understanding the character of pre-
sl"eh' w a'mn6toD, as think I DO, foresee,nr
lie probable consequences (Which must has 10
sees by him a!so) llsi may result from ever sor,,e
minister 10 any barbarian people who scorn 10 20
knowledge themselves bound by the vice MO-;
sion7 oi The public law; and finding the sttongss,
eVIdence Oi MS opinion, TO bis consiiultionai
authority IN relation 10 original appointments. in
iiis aosoiu'e SDstinence from making any such, dy
fng the recess Of the Senate throughout the y,boi.
OF his administration, except in this sinols i,,s,.
when It's case ofJohn Pail Jones was first ,xbi
biied, was induced by these considerations. 20
suspect very strongly that there was some rnistsls
acoul u; and therefore have looked into ts facts
with more solicitude than should Otherwise lave
iet The result Of this research has confirmed ~,
s'.picions. JobH Pant Jones neger ,cas og-
ee"tea minister 10 aigieys fer any purpo5e.
-'" eiu r'es'Geni washington take single step,
IN reference 60 The new relation ,ybicb bn 49,