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


ment, and the agents Of its officers, winch
constitutes the striking difference between tho cases
referred to by the Senator from Illinois, and that
uow before In this case, these Commissioners
officers of the United States-commssione as
sncb-authonzed by that commission to pledge our
faith and honour-entled, the bearers of great
SEAL to be regarded every where the representa-
tNcs OF the sovereignty whose emblem il is-and TO
claim all immunitles accorded by the public law, to
sncb representatives Of any power earth. Where
as, your secret agents in South America, bear
ers OF dispatches or newspapers, ct id onni genus.
never had any commisson-had authority to
pledge your ialth-were never trusted with your
great seal-and had not single privilege any where
which any other individual citizen might equally
we'll claim In short, they officers OF the
United 3 aes bat the messengers (erther special
genera of their officers. Sir, 1t nrortiies me- hear
the high func;ioDa,ies of the Nation degraded by
comparison with such gentry these; and their
ctet COMMISSIONS, usSiIniated to the warrants of
messengers, o the seoet letters TO spies. l know
but nf these Commissioners personally but of him
L will say, that the lofty spirit which refused
to bring his ship to C"nstantinople, unless with her
ports trced up, her guns shown, and her fay and
remnants all abroad, would have made him cast your
parchment from hrn with scorn, if it had even been
h,nted, ttot II was intended constitute him any
other than public minister of his country, whose
honor and whose interest he has proudly sustained
But, Mr.. President the question Is not whether
these commissioners what line Senator from
Illinois calls public minister's but whether they were
officers Of Me United States; for the President may
not make an original appointment of any such Off
GERS, without the advice and consent OF the Senate
To determine Thu question, you must look to their
commission. This you find in the same form with
every other and if you will but consider its effects
and consequences none doubt that It constitute ed
them officers of the United States. Suppose that
the G. and Signor after accredting these Commission
had snt them to the Seven Towers must every
body admit, that the honor of this nation would havr
obliged 1t to resent the insult offered itself by such
an indgniiy to its representatives. protected they
would have been by the public law? Or suppose that
any of these Commissioners had been bribed, had
been guilty of any other high crime, against their
faith and the duty confded to them Does any one
doubt, that they might have been impeurhcd? And
yet, forsooth, they not officers of the United
States but mere secret agents, like the bearers of
dispatches or newspapers, who all know. re-
ceive little consideration home they ere en-
Cited to expect abroad
The honorable Senator from Mary land notwithstan.
ding he affirms this to De exactly like the Panama
case, and therefore clear, yet endeavors to disin-
guish It little, in order to make it clearer than that,
if possible. He tells us, that one of these Commits
sioners, Mr. Rhind, was regularly appointed Consul
at Odessa, by the President, acting with the advic
aud consent of the Senate, given at last session
That he being thus an officer of the United States
the President might charge him with whatever in
structinns might seem necessary, to negotiate
Treaty with Turkey. 1t is common in this
country, (where the thirst for office is insatable)
60 continue the titles of Governors of States and mill
tia officers to those VIII have filled such places
r,t only wherever they may be but so long they
live, that am not surprZed the Senator from Mary
land should feel disposed to enlarge this custom lit.
4
fruitful parent of so much executive power he thus
claims for it. Henceforward, must not only say,
I suppose, that once a Consul and always Con-
sui, but also, that Consul any where,
and always a CouHsu every where. Nay, il II be
true that this Consul to the Russian port of Odessa
may. VIRTUE offfcii, be metamorphosed by the mere
instructions of the President rather of the Secre
Gary Of State into negociator at Constantinople9
Treaty with the Ottoman empire, IT win be very
difficult to find limit to consular functions r h,s
that thing called Consul the lowest in the diploma
he
Converted into the most important finconary the
United States can have abroad. Sir, it would have
been subject worthy of Hogarth's pencil imagine
to have represented the interview between Mr. Rhini
and the Refs ERend, the proud representative of his
tHughty sovereign, If. when they first exchange
their powers the "christiao dog" had presented to
him consular diploma to Odessa, the equivalent
Of his full powers. 1t would crafty much TO bear
from any body what wodd have been the state of the
neFoclaton II, peudente lite, the Russian Autocrat
had revoked kir Rhinds exequatur, snd SO termi. |
mated his functions at Odessa But suppose we |
might thos justify MIR Rhind's appointment, what is
to be said for Biddle? He Consul to Odessa, |
uDr any where else; nor did he bear any diplomatic
authority, save what this COMMISSION conferred upon
him It is true that be bore, and calamity i1nre tho
commission OF oSt-CaPtain in the navy of the Uni
ted Satesi but surely it will be commended that
naval or military officer may, virtue ocii be trans
fnrmed Iatoa diplomatic fnnctionary of the highest
grade, by the mere instructions of a Secretary of
State, or simple order Of the President alone The
officers, am sure, ought object TO this for if so
little ceremony is necessary in the one case az
little would be requisite in its CONVERSE end when ma
val officers may, by word from the President or his
Secretares be converted into public ministers to ne
gotIate Treaties, the latter by process equally sum-
mary, may be made the commanders of our fleets and
armies.
But the President himself has this argument He
did not suppose that orders and instructions would att
norizet Consus Post Captains any body else to make
aFeat!es He knaw well, that plenpoentiay commission was
REQUISITE; and therefore granted these patent" for that
very purpose Nor will he, should think feel much Obliged
% the honorable Senator from Maryland for the mpnation ne
ctssay implied IN this argument the and substance of
Which 49, that meaning 10 negotiate treaty Turkey
and 10 conceal this his object from the Senate President
noTna ed TO them Consul Odessa him whom he
mad appointed Minister Hcnposeutary for that purpose
MIR PIesden', there is argument which see
have to Hnwer and then will have done with this na,, of
the sutJe The honorable Senator from Illinois mir KIyp)
tells inc, that come ae-thai Senate have seadv
ADVISED the ratification Of the Treaty so doing have
eLpoyed the appointment Of the Ministers who NEGOTIATED
Lhereoe am esioPped to any objection to these
appointments For my particular emancipation from his sub
posed estopPe appeal TO The knowledge Of my brethen
OF the senate who have heard my and Witnessed
my continual calm TO the right which sought to be
barred by this strange limitation NOS can permit this ar
GnnIen applied to tho Senate pass unnoced As doc
Une not correct, however certain may be as fact
come 100 late stand here vindicae sanctv of the
Ouituhon which has been violated assert the igh priy