Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-15
Speech, OF .Egs.. VMSeayel:
CONTINUED

sdent during the of the Senate from the. first
establishment OF this government to that day,
theh aiu before us, III document that now remains
ON our files Each of these cases was then careful.
~ eXamlned and 1t is such examination which
Justies NE, think. in SAYING that not one of them
can properly be considered as precedent for that
winch we are now examining. Il il true, that 4
superficial examination of some of these cases may
seem to justify different opinion. But if any one
Will take the trouble of tracing such their
origin, and will inform himself of the of things
at the time of their occurrence. | repeat, that not
one Of them will he found to apply here l will not
fatigue the Senate by reference TO these cases
now; their true character and history given in
the debate upon the occasion referred to; and to
that debate now Ofrecord in your Register | refer
all those who may feel any wish to consult it. Our
journals furnish however with four cases. which
have a bearing direct upon the matter now be-
fore US, that will take the liberty to state them.
The nrst of these occurred during the admins
tration OF MIR Jefferson, who during the recess of
the Senate, undertook to make original appoint
ment of Minister to Russia, to which Court we
had not before sent any Minister The nomination
of this Minister afterwards laid before the Sc
nate when they convened, accompanied by long
letter of the Presidents setting forth the reasons
which had induced him to make such appoint
ment. The Senate considered the subject very ma
turely it and finally refused to give their
sent to the appointment This scheme then
Abandoned; it resumed for many af-
forwards, until twas revived by MIR Madison, ac-
ting then by and with the advice aud consent of the
Senate. rGtcr To tlS case, 10 SneW the luea then
entertained by the Senate to their right to
be consulted by the President, in all cases wherein
it was proposed establish diplomatic relations
with any nation with which such had previous
ly existed and shew the acquiescence of the Ex-
ecutive in this determination.
The next occurred in 1914, when during the
recess of the Senate and 'fdgrante betto," Presi-
dent Madison sent three additional Minister'S to
unite in the negotiations at Ghent with theItwo 9TH
crs previously appointed by him, by and with the
advice and consent of the Senate These appoint
ments laid before the Senate at their next SEES
sion, when the exercise of this power by the Presi-
dent, during the recess of the Senate, called forth
that able and eloquent Protest against it. which
submitted by NJ Sore, then Senator from Mas
sachusetts, and which read to the Senate when
first addressed them. 1t is true, this Protest was
never acted upon defintively But we all remem-
Der the state OF things then eXstng and the conduct
of the Senate, in avoiding any decision of this mat
ter at that time, manifests most distinctly what was
the opinion then entertained If the majority had
ever doubted, this Protest would have been reject
ed, at once. But as Its adoption would have been
highly inexpedent this crisis in affairs ard its
rejection would have been abandonment of the
constitutional rights of the Senate, they very pru-
IDENTIFY postponed the consideration of the subject.
Next comes the of the Republics in
South America. Every body knows what was the
state of public sentiment upon this subject. Mr.
Monroe, the President, beset all sides, and
most earnestly importuned to comply with the
wishes of these States by sending Ministers them.
But although DESTROYS to do So he nevertheless stea-
Oily refused, until he adpreyousy submitted the sub
Ject to Congress, and had obtained the assent of
both Houses Then, and not until then, did he des-
patch the Ministers, which were appointed by and
with the advice and consent of the Senate.
Last is the case presented Ia 1896 by the Panama
message This is Of too recent require
any comment 1t will suffice to say, that the Ieso-
luton then proposed, which declaratory of the
rights of the Senate, and denied the claim of Presi
dent Adams TO the power he therein asserted to be
his, was laid upon our table, by vote of bare ma
iority of this body. But many Of the members of
that majority, in whose presence | now speak de-
cared the time that they did doubt the rights
of the Senate to be such was affirmed AS how
ever the President while asserting contrary DOW
err, had expressly waived its exercise, and had sub
mitted his nominations to the Senate for their advice
the question so reduced las they thought) to a
abstraction, which however proper to be dis
cussed, it was not necessary then to decide.
After that time, no case has occurred within the
knowledge of the Senate until the present. For
although Messrs Crane and Ofley, in 1927 received
from President Adams a commission similar to this
yet that fact eau iousi concealed from the Sc
nate. These Ministers never eached Constantnople
and their appointment would not probably ever
have been brought to light unless it had been found
expedient to refer to 1t precedent TO Justify
what was afterwards done by the present Executive.
And here, sir let appeal 10 the candor Of all those
honorable Senators who thought and acted with me
during the Panama discussion, to say, If thew had
known that President Adams had secretly insti-
tuted mission TO Turkey, during the recess Of the
Senate, would they not have reprobated such an
act, in strong terms at least any used i'll rela
ton to his mere claim Of such power the PaDa-
ma case, where the exercise of the power asserted
was expressly waived by him. For my part, know
should have done and knowing this, cannot
reconcile it to myself to sit silent when the same
act has been done by another President. Whatever
changes may have taken place in the Executive, the
Constitution remains the same; the rights and duties
of the Senate remain the same: and will strive to
prevent the one and to fill the other
The cases to which have thus referred spread
ing they do a period Of twenty-five year:
now last past, ought to satisfy every one, think
that the7provisons Of the Constitution and the prac
Gice Of the Government are in strict accordance
At all events, they must suffice TO show that
even if other precedcnts could be found, much more
opposite than any which exists, they cannot prove
any uniform practice, any continuous chain of pre-
cedeo,s, settling this question Of power. which
therefore, we must Consider res ,ntcgrn, and de-
eide by reference to the Constitution alone
Mr. President, tue arguments that have been urg
cd in opposition TO the opinion so briefly express
ed when first made this motion. coming too from
the quarter whence some OF them proceed have OK
cited my surprise almost much as the power, the
exercise of which in this case they seek to Justify