Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-15

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Short as history, nevertheless furnishes several ex.
amples of who have exceeded their and
of officers violated their orders Reasons policy
have induced the government to adopt of these aud
Justify others foreign States But until now,
been supposed any, that these policy
of sufficient fnce preclude all inquiry the breaches of
laws much less the violations of
itself treaty Is ratified no matter how or by whom
cucd wcnevefh believed To he pTomotve of the public
good Blu, If this ratification necessarily implies justification
of violation of the Constitution IN the appointment of the
nesociaors and # By such ratification esopped
this then indeed has the time come when opinion
the general welfare the substitute for the requirements of
the charter.
Bu, how does this question come before u.s. An
amendment to appropriation bill is here proposed,
the object of which amendment to authorize the
pendture of more of the public revenue than
empa,ed by the other House, where the bill origin
ated. If this amendment obtains, the bill so amended
be sent back for the approval of the House of
Representatives. When there, who will be hardy
enough to affirm that these constitutional guardians of
the money OF the people, estopped from nquiring
into the fitness ct granting what may be asked and of
the mode in which the grant should be madel Such
affirmation would be carrying the Claim of Execu-
tive power to an extent never before heard Of Yet
must be conceded all hands, that the power of the
Senate over this appropriation BILL is precisely the
same neither greater less, than that of the other
House What then becomes of this doctrine of estop-
Pels urged upon the Senate to prevent the assertion
of their constitutional rights
Mr.. President have done with this part of the
subject; and Will detain you but few moments in
aiming the second question. In discussing this, am
Obliged to concedc gratia argument, that the Presi-
dent during the recess of the Senate might lawfully
have instituted this mission, by making these original
appointments. Yet granting this, nevertheless
tend, that it his bounden duty to have submitted
to the Senate, their next session. the temporary APP
pointment OF these ministe.s have not heard sim
gle suggestion whsP red in excuse, much less
in justification of this omission, except the fact
posed by the honorable Senator from Illinois, which
he must pardon me for saying, whether it may be
supposed or not does not in any way alter the
Nay this solitary argument itself implies, that if the
fact be not as is supposed, this omission has de-
fence.
My friend from Illinois says and says very truly that
1t the commission granted BY the President to these
ministers, on the 18th day of September 1929, was
properly granted would have continued in full force
until the end OF the next session of the Senlte that
to say until the S1S of May, 1885, and this without the
advice and consent of the Senate He then argues
that the treaty concluded the 9TH Of May, 1880
Whereupon these ministers became fncti of ciis
ed to be officers OF the government, and therefore if
would have been quite idle and unne cessary for the
President to have nominated them to the Senate
Now If all this should be granted it constitutes no
JustIhcation to the Executive, because is obviously
an after-thought that could not have occurred TO
them, until long after the last session of the Senate
1t Washington and ConstantnopIe instead of being
sep asted rs ey are by two seas, were connected by
railroad, along which the conveyance might be as
rapid as between Liverpool and Manchester, the in
OF any event occurring in the Turkish capital
ON the 9Th of May, could not be communicated much
beyond the Western Islands, by the 3st of that mouth
Then, The demand is of impossiblity, which would
have suppose that the Executive knew of the con-
cusion Of this treaty, and therefore did make the
nominations OF these Minister'S to the Senate. durinp
their last session. And the question to be tried mt
by the fact but by their knowledge of il? pray the
Sena'e to notice the various and contradictory modes
resorted to, for enargiTg the power of the Executive
1t Mr. iIhnd had died on the 9TH of May and it had
been Judged expedient to fill UP the vacancy happen.
ing by ms death, all agree that the President might
properly have done SO DURING the last recess re-
cause, although IFS happene 1t could not have been
known here during the fast OF the Senate But if MIR
Rhind treaty ON the same dtv rbis sfe, dscnred
10 he IpnI
nate adJourned urged TO Justify him. for laying Mr.
KINDS appointment here the Senate Their session al
though this appointment dct (and therefore ,
KNOWN eight months before that session terminated
Is fact however, that this treaty conc+ed ON the
IN Of May? II is the ac: but we
all know that could been concluded Because
then reached and thai yont ,bs an nof
to even the Turkish government would consent 10 con
srder the froj.f as treaty Concluded When then 49,
concuded Certainly not 50 late as the 2gb Of Wa was
cause, we have files letter that date written
by of these Commissioners 10 anober 49, "I'e.
arguments 10 induce him TO sign it, On the day the
3Oth) another Commissioner the Secretary Of State
saying. he had thai day signed the treaty. I'M, e
evidence before the Senate showing when signed by his
associates. ~
Suppose, however that signed by all the Commission
ers before the 30h of May The instruments were sill
to be exchanged before the the negotiation conld
he concluded and we have the strongest pesmpve evidence
our own journals that the 30h OF May last Sunday Now
does any believe, that these Ministers Of Christian
people would nave thus publicly Proaned the hrisCians sab
bath, al HIsomean Cour, under the view Of all the
Ministers Of the Powers Of Chrsiendom there convened3
d." upon the ground Of national pride and honor al
ways involved in the conduct of the nations ministers NV
lie upon IT, there of these Commissioners who would
nave Willingly suffered even impaling before he would have
eSTaden himself and his country the of Chjs,en
io But this work completed the 3Qh Nav IL
Sonld not have been done until the 3si on the monio
d this day journals show that the Senate adjourned
NOW, whether The exchange nj treaties F made on that
ay or The adjournment of the Senate took place frs, is
question which will leave he decided BIZ those who can
better calculate the difference of longitude and who NAV know
more OF the etiquette Of the Turkish Court than do This
IS done the more readily, because satisfied that the WORK
vas not completed until the LIST of June For find letter of
bat dale addressed the Secretary Of State enclosing
II the treaty, and giving the first intelligence ITS conclusion
mo take Tor granted, that these Commissioners would have
ost no time IN communicating to their Government the con.
summation OF this tedious affair.
Let no. however that the Treaty was concluded at ar
iIne gentlemen please bid the Ministers cease to he srb
no moment their WORK done? VIII the saIaresr nro
'osed 10 be allowed 10 them that lime Were bey
'o' ened TO the Common privilege Of member OF Congress
u even oi witness, eUHdO mnneHdo Ell rsHeunio1 nrav
W. mar we may not Continue porplex our elves by con
ounnns me officer With his duties These Commissioners were
ministers before they began negoae-hey were ministers
least while they remained TIE Turkish Court, ye,l1er
Engaged IN performing the special for which they were
lepuea or otherwise The mmunies conferred upon them
~ te puoc law attach the duty Performed but
nc Office created by the commission its performance The
sultan would have offended jus, much against the law nv
suffering ndgny 10 be offered any these ministers after