Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-05-12
Tbe Constitutional gggDfa.
HOUSE or EsENrArIvEs-Aprili IA.
PANAMA MISSION.

Foreign Affairs being under consideration in co,nn;t.
tee of the whole
! Mr. WEBSTER, of Massachusetts ,d1-ossoa ,La
COMMITTEE as follows:
hif. chairman: am not ambitious of ampyinr Ms
discussion; On the contrary, it is my anxious wish to
conhne he debate, SO far paralc in IL 10 the real
and material questions before US.
Our Judgment Of things is liable doubtless 10 be of
ected by our opinions of would be aTectation
IN me- or III any one to claim an exemption from this
possibility of bias. can say, however that j, has been
my sincere purpose oiconsder aud discuss the pfesen.
subject With the single view of finding out what duty
itoeVores upon me, member of the House of Rep
rescn,atVes II any thing has diverted me from that
Sole aio ltilas been against my Intention.
think, SIR, that there two questions and twoonv
for our decision The first is, whether the House of
Representatives will the responsibility of with
ouinS Tue ordinary appropriations for carrying into cf-
rect an Executive measure Thic! the Executive de-
paftnent has constitutonally instituted The second
whether it will not withhold appr ,pri ,tion it will
yet lake the responsibility of posing with lis own
! Opinions directions instruction. as TO the manner
IN winch Tins particular Executive measure Shall be
conducted?
am, certainly, in the negative OF both these prono
sitIons am neither wiling refuse the appropria
ton uor am willing TO limit restrain the discretion
OF me Executive beforehand, the manner in which
IL snail perform It's own appropriate constitutional du
Ties And sir those of us who hold these opinions have
the advantage OF being the common highway OF our
national politics. We propose nothing new; we suc-
Hest no change we adhere 10 the uniform practice cf
Tor these on the Other hand who are in favour of either
or oolho e propositions, To show the cogen
which recommend their adoption. The drIy is on them
10 satisfy Tie House and the country that there is some
uhinS IN tie present occasion which calls for s,ch an
extraordinary and unprec edeutcd interference
The Prcsident and Senate have instituted pubc
mission ol inc purpose OF treating with foreign States
The Constitution gives TO the Presidc. tie power of an
pointing with the consent OF the Senltc Ebassadors
and other nnbhc ministers Such appointment is hcro
lore, clear and unquestiunabc exercise OF Executive
power. II is, indeed. less connected with tho aopr,
pirate duties OF this House. than almost any other exc
cutTc act: because the office of public minister : moi
created bv any statute law of our own royerotpe,
1t exists under the law of nations and is recogii led as
existing by our constitution. The rf Congress in
deed Emit the salaries of public ministers but ;ioy do
no more Every thing else in regard 10 the apn0int
nAn OF public minister's thcrnunbcrs the time n tcr
appointment and the negotiations contemplated in such
appointments is matter Tor Executive discretion Every
new appointment 10 supply vacancies in exIs,Inr mis-:
slons Is under the same authority. There are ndecd
what we commonly standing missions SO no,vn in;
ie practice OF the government, but thcv are not made
50 by any law All missions oi the same ground
Now The question is whether the President and Senate
having created this mis- ion, or, in other words havinr
appomed the ministers in the exercise uf their ,ntoht
ed constitutional this House will take upon
The responsibility Of defeating its objects, and render
lnS The exercise of Executive power void
By voting the salaries in the ordinary ,vav yc assume
rs 1t seems to me, responsibility whatever We
mercy empower another branch of the government TO
discharge IFS own appropriate duties in that mode which
seems to itself most conducive 10 the D;c interests
we are by so voting, no more responsible for the man
ner IN winch the negotiation shall be couducted Than
we are for the manner in which of the Heads Of
Department may discharge the duties Of his Office
On the other hand, five withhold the ordinary means
we do incur & heavy responsibility. We interfere TO
prev cn the action of the government ACCORDING to con
suuhonai forms and provisions. 1t ought constantly TO
be remembered that our Whole power in the case j,
merely incidental. u ia only because .c ministers
ISt have SalalaS like Other
salaries be paid but By our vote that the subect i
re erred toUs at al Tie constitution vests the pover
OF aPpointmenin the President and Senate; the law
eVes to the President even the power of fixno rho
amount of salaTy within certain limits; and the only
question here, is M the apr Ipration There is no
doubt that we have the power, if see Git 10 exercise
IT. to breau up The mission, by Withholding the salaries:
we have power also 10 break ND the Court hv 70 I,i
ing the salaries OF the Judges to break up The Office
of President by withholding tic salary provided for il
by law All these things, ii is true, have the BOW
CT to do, since we hold the keys of The Treasury But
ten rightully exercise this power2 The CON,
eman from Pennsylvania, (NIr. Buchanan, with whom
have great pleasure in concurring on this rart Of the
case while regret that differ with him On others has
placed tins question IN point Of view which cannot be
improved. These officers do, indeed already exist
They arc public ministers Iftley were to negotiate
treaty. and the Senate should raty it, !. would bcoope
law OF the land, whether voted their salaries or not
Tins shows that the constitution contemplated thai
the House of Representatives should act n mart IN orig
mating negotiations, concluding treaties
KNOW sir, 1t is useless labour to- discuss Tie kind
OF power which this House thus incdcnallv hold, II
these cases. Men viii differ in that particular; and a
the forms of public business and of the constitution ar,
such that the power may be exercised by this House
there will awa be some, always may be some whit
feel inclined to exercise il. For myself feel bonn,
- not tostep OUT Of my sphere. and neither IN exer
cise OF control any authority Of which the constitution
has intended 20 lodge The free an uncontrolled cxer
cise IN other bands. Cases Of extreme necessity il
winch regard TO public saetyis to be the supreme law
or rather TO take place Of law must be allowed 10 pro
z Yide TOT themselves when they arise. Reasoning from
such possible cases, will shed light on the 7cncra
path OF our constitutional duty.
c Mr.. Chairman, have n habiluaI and very sincrr
respect Tor The opinions Of The gentleman from Dea
ware; can say with truth, that he is the last man il
n the toI Sc from whom should have okcd for tbi
proposition Of amendment or from ,yion should av
expected to hear sonc Of the reasons which he has y
en- III ITS support. He says, tat in this matter tlI
source from winch the measure s}Fings Should have II
influence with US wliatcvcr do not comprehend ~;
and cannot but think the honorable gentleman !,a