Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-03-09
NO. 40.

ana In tnelr COMMISSION! i he nomination
made by the President to the Senate, is
the foundation of the mission; and it must
fully set forth the name ofthe man to be
sent, the place to which he is TO be sent,
the purpose for which he is sent, and the
ministerial ehGrdcter Of him who is to be
sent. Without all these, how can the
Senate advise and consent to his appoint
ment? Accordingly we find that the
! President made this nomination with all
these Distinguishing characteristics:
TUESDAY, May rs, lS30,--The following
message was received from the President Of the u
niied States, by Mr.. Donelson, his Secretary:
To the Senate of the United States:
! 'Gentlemen, nominate John Randolph Of Ro-
anoke, Virginia, 10 be Envoy Extraordinary and
Minister Plenipotentiary Of the United States at
the Court of his Imperial Majesty, the Emperor Of
Russia in the place Of Henry Middleton, Of South
Carolina, recalled"
Il Was this man nominated to be Minis
ter AT the Court of his Imperial M ajes-
ty, the Emperor of Russia, and ELSE
VIII No, sir, it was at, in place
Of Mr.. Middleton; and at that place on
la. If, therefore, a non resident minister
could, by the laws of nations, be sent a
broad, or could have been advised and
consented to by the Senate, Mr. Ran
dolph could not have been so sent, for he
was not so nominated Did the Senate
advise or consent to this gentleman's ap-
pointmcnt to any other ministerial Office
than that to which he was nominated!-
Let the record answer:
"The Senate proceeded to CONSIDER the message
nominating John iardoI h 10 % .oe; and
"ResoNed, = h't they DO advise and consent to
the appointment OF chn !,alGop pa, AZ eeaby to
his nomination
4 1.-THE President shall, by and with the
advice and consent of the Senate, ap-
point public ministers, then the appoint
ment of this man could not differ from the
nomination made by the President, and
the advice and consent thereupon and
given by the Senate. If, then, he might
have been accredited and recetred at the
Court of his Imperial Majesty, the En-
peror of Russia, as non resident minis
ter, he could not have been so sent, for
9 he was not so appointed.
After this gentleman had been nomi-
mated, confirmed, and appointed Envoy
Extraordinary at the Court of his lmpe-
rial Majesty the Emperor of Russia,
could his commission differ from his ap-
pointment2 Could the Secretary Of
: State from this record, make out and de-
liver TO him commission as Ambassador,
and thus send this peculiar gentleman to
the most splendid Court in Europe, to
represent the entire sovereignty Of these
United States; an office honor and high
/ dignity which has never hitherto been, by
this Government conferred on any ofthose
talented and highly accomplished states
men. who as public Ministers, have gone
abroad from this country? If by the
laws of nations, n nan resident Minister
could be received BY a Foreign Power,
could this gentleman under this appoint
,nent, receive the commission, and enjoy
the immunities of such Minister? Ap-
pointed Minister al the Russian Court,
could he, honcsiIv, and according to the
record. have been commissioned at that
Court and els phcrc; | beg leave to
read the formula in like cases, q Vol.
lynn ) addressed bv the Secretary Of
State - the appointed minister. "Sir,
with this letter (among other things you
will receive, lst, n commission as Envoy
Extraordinary and Minister Plenipoten-
tiarv. 9, A letter of evidence to the
King. 3, A passport for yourself and
family" Has the Secretary given him
such commission Beyond question,
he has given it, This is not all. He
tells US in the message, under the name
ofthe President, that he has also g,rea
, him a commission Of the Court of his I'M
perial Majesty and elseuhere. lfthis bs
true, and Mr. Randolph is now travelling
or soiou,nine under it, he has abandoned
the appointment made by the President,
under adyisement Of the Senate, and has
; ceased to be minister ofthe United States
of that Court; and, if he be Minister ut
all. he is minister elsewhere; and as such,
is literally the Envoy Extraordinary and
Minister Plenipotentiary of the Secrefd-
~. not orthe President and Senate, or Of
the nation.
The same difficulties must have attend
ed this mission at the Russian Court -
The credentials given to Mr.. Randolph,
must shew his ministerial character; and
in that character alone could he have been
recetred Dy the CnpefoI' oo VIC u"
told by Vattel, p. 523.-
"Among the several characters established BY
custom. It is in the .overeign's choice with which
he will invest his minister and the character of
the minister is made known in the credentials which
he delivers to the ,or,,eign TO whom be sent
Iette. OF cyedenes are the instruments when au.
thor;ze and establish the minister in bis character
with the prince to whom they are addressed. II
tb;, pyinee ,,eeire. the minister, be San receive
him only in the quality attributed to him IN bic
c,.do,,;s,. Ttey arc ~ Il were his general let