Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-26

reasons made him In the o,her his mission 10 Alsiers
commissioner, with full powers, and did not nomi.
ns nim But, TO put end TO all cAvil, on ground
thet the appointment Of the Secretary Of State a.
ricnipo'eoiary was nstto be governed by the same
rules thai apply to the appointment Of other persons
let US suppose the ,tropg ca Of law that in
all treaties with for ign Powers ma ie in the w. Sa,e,
the Sscsetary OF State should be the person
to make them; would the Pre-. iienfs constitutional
sus 70 make treaties and name agents to make them,
Do affected by such lawl Could tho Secretary OF
state under II, without special commission mil "a
any treaty? And If he were nouina ed to the Sena,
TO perform that duty, would not they, landing
inc law. ave right TO reject him, The law cannot
control the Constitution. The office OF Secretary il
eoa'ed by the law O. Congres.-,hat of Mini der bv
The law of na'on'. The appointment of one Is resu
lated by law-that of the her BY the Con,,itu,ion.
20 law can control the powers Of the Presi.
dent or the Senate; and the Secretary cannot be
istor, out oy virtue OF special appointment Tha,
sp-ca appointment has been uniformly given by the
r1es'dsu' Without In single Instance, submitting |,
ne Senate; and the unquestioned practice proves
mat temporary appointments Of Commissioners may
,so !u"y ne made without nominating Them to the
senate. IL has been unf,rmly done iu ne sotiatous
at home; and, II understand both gentleman ri ,h,
ui'y done; but. without tho slightest reason for IN.
us"ncuon they say, II csnro 10 done abroad. But
wu'n take the iaboring oar, aud show the same
un,"rm practice IN missions abroad, how s II repeed
rirst, IN case Of Plenipoenaries to treat OF Peace
ms Is ushered in by an enccmum from the Senator
VINO last addressed you, on the diplomatic law of ma
uons and he lauds IL particularly for a character which
never before heard attributed 10 Tits Urea,
and precision. had thought that, ON the contrary
there was much contrariey OF opinions as 10 many .,
ms provisions; that as was made up OF usiges, trea-
ues and the changing opinions of writer's that il wa.
not only certain from its NATURE but that the princnIe
most generally acknowledged were undergoing J.iI,
change with the advancement of civilization and the
new polucat arrangements of tho world. thought en-
but this was owing TO my ignorance for the Sen,,o
tells you that although il may appear TO be the ~,
superficial observers, the order and beauty and above
all, the certainty Of the SYSTEM open t6euss,as 20
prOtcients i'm he
vanced to this degree of perfection; the Senator il. and
70 what truths in the system is this encomium the
1sue! "hat are the certain maxims he has found an
pcaoie to the present case in the precise pages o b
law First confirmation of his former assertion tha,
piepoentiaries to treat OF peace were but officers
70 regulate the terms of an armisce; and that when
the PRESIDENT sends such ministers he does IL as
mander-in-Chief of the army; that the treaty m
power has nothing to do with it, Now sir must saw
tnat II TINS be the best proof that can be frnsbed -
e certainty Oh the code of nations il will fare in with
us reputation In this respect, for not single treaty. of
peace, since wars first began, ever contained snyIa
ton Tor an armistice. They are contradicorv t.rn.
an arm'shce is cessation of hosides for a limited
term, peace is stipulation that thew shall cease for
ever; an armistce conemplates a continuance ~ n.
war, peace puts an end to il forever. Sometimes an
"msuce precedes treaty Of peace, and provides for
ene~a OF hosuhhes, II the negotiation shall fail;
more frequently The plenipoentares meet ,ccoriino
10 the senator's apostle phrase, Rasrante b,Uo in
some neutral territory, and without any armstce the
war Is ended II they agree the conditions of peace
- InoL,
all our treaties of peace; examine those be,,,a
hauons, and what do you find! settlements of bonnJa
ry' provision for mutual claims all the endless variety
arrangement 10 settle the disputes between nations
=" no ever heard oil these In armstcei Who ever
thought the power TO make them should be- arranged nm
uer tne military rather than the civil head If the Pres
eh' hau e power TO conduct ONLY and another
Department, the Senate for example ,bat Of -, lii
treaties, could any treaty of peace sncb a. NO., hs
inaue' nave been concluded but by them! How come.
u 'nis uocrine be true, that all these treaties are
aieu py 'e senate IL they are armstces only3 Be-
cause, though they have nothing 10 do with the pros
dents manner of making war, or inerrupting bos,1;
ues ne can make no treaty without their assemble
cause IN nne treaty of peace, (no offence TO the GER
taihy oil the diplomatic law is treaty. and NOT an ar
mistice. NN "0' O." al
Another certain doctrine of this certain law which ia
uesuoy my argument Is this That, in state of war
every individual of one belgerant nation is in hostility
10 every Individual OF the other; that in this situation
OF things, Minister of one nation could be cen,
other; that his personal safety would be endanserd
from the hrst man lie metz and il never vet was knon
says .he senator, very emphacally, that Minister
was sent Oy ROVER at war TO its enemy f1oro,t.
oeo and therefore he concludes that PIeninote
10 treat OF peace are not Minister'S If bv This Ia
meant Ministers RESIDENT no ever commended that
hey were; but they what all the world c,IIs ba
Ministers Plenpotentiary and il is conceded tbat
may be sent by the President alone and that thew bavs
not been and need not be, nominated TO the Senate he
ore 'ey are sent AS to the public law on this sub
Ject having confessed my ignorance must Leave II n,
the senate to Decide whether this state of
and individual warfare is acknowledged by the modern
law oil civilized nations, and whether if even AZ fines
when IL ragged with the greatest ferocity there were
not safe conducts known which would enable nJsn;a
tentlares to deliberate in enemys capitaJ as
ly as they could In a neutral town I Gavin r.
points, as said to be determined by those better
lhed 10 decide them, must take the bertv bovvayer
to doubt the correctness of the asserted fact that
duced TO support them. haze heard strange az II NAV
appear TO the gentlemen, have heard of Ministers sent
TO treat o: peace in enemy's country during the
istence OF the hare kno,cn some and 6is,or q
ull OF others. The war of our Revolution. between
england and France, was put an end 10 bv a Rr;ish
Minister, in the capital of the French Kinodom Tha
peace oil 1901, between the same Powers was conclnd
cd at Amiens, and Amiens is in France One treat, If
peace WIN Anglers was concluded in that city, the ca
ptal oil our enemy, by commissioner apnointed viii
exactly the same formalities that Rbind OaIsu .anJ
blddle were; and the other by an AIeerne Ministor an
BOARD OF one OF our ships Of war; The
rltory OF the United States; in short so msny are
cePons to the rule f rule ii may be called that II 4,
IS one 1t has been most wofully dsregarded in prac
tce. o III P'dc-
But the volume Of treaties with the Barb,rv pou,
ers; the long list of plenpoentiary commissioner. h
nave 1een IKE kbnd, Ofley and Biddle sent TO nego
uate them, and who have none OF them been nominot
ed to the Senatei What is 10 be done with tbenS Tha
must be disposed Of before we can make wav for H.
herce denunciation against the President How IL ,bi
70 be effected! Nothing easier. DENY their existence
as nations call them hordes of barbaraHs and the bu1
siness rs DONE They are says the gentleman like the
Indian tribes, who are now under our nro,ec,;o, ~
our tributaries An unfortunate assimilation for tbare
are many honorable members of this bodv VIII ,h;t
hat those tribes are independent nations and that all
suPula1ohs win them are treaties in the dnloma,;c
sense OF the word The word tributary. too brina.
WIN degrading recoections; for il so happens that
II is only few years since these very peope 20 wbo
NAT IL Iapso 81 -