Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-08-05

eresej. They will be fouud iu The I'd clause of the
I'd Section OF tie III article, which provides that "He
shall have power by aud with the advice and coprent
Of the Sense, 10 make treaties provided third, Of
the Senators presen, concur; and shall nominate and
oy and with the advice and consent Of the Senate h
appoint Ambassador other Public minister's and Cor.
sul', Judges of the Supreme Court and al CHER Hi.
GERS Of The United Slater. whose sppoinsn s are not
herein oherws provided tor and ,chich shall be es-
fd6fished by iaD, SC. Aud in the 81 CLAUSE. OF he
same Section and Article, the power TO Ill si vacso-
cies that may happen during tn, recess OF the Sc.
by granting Comsiis.ions whirh shsl, xpes al Ia,
end OF their next Session." An which amount s;mpy
to this; that he shal exercise ary of m, ps,,;car
powers fpse h in the loesAid clauses but with con.
curr' nee OF tbs S'nNe And no roiee having BEEN
taken, In these re tricars, OF bis power 10 employ
pvae or secret agents. be is to be coniiered a,
liberty TO ac, In that respect according 70 his own
discretion and the exigency Of he case. Because, in
every general grart OF powers, r. ala lions imposed
only portion OF t5o.e powers, amount TO an adm
zion that tbs Others a-e left unfesissirei.
II has been shown that The power Of appointing
secret agents necessarily existed the evera State
at the adoption OF the Cons ituto hat hi, pow r. 80
far a. relates to iirsign relations, no longer resides
win them, no reserve OF such power having been
mace ~ the general usn'fer. IL Inust follow most
clearly, tn N, that the power in question has either
passed toe ober wh the other general powers or be
sbbhatsd and IL has also bsen show lha, no annLa.
ZION oil any power did occur. 1T shonld be
too tia, Willie the powers granted 10 the legislative
and Judicial ds artmenls sps-say enum rs ed ths
entire Executive power OF the United States vested
IN mae, by one sweeping clause, In the Presidepi:
Such only as it was deemed necessary and prop ba,
he should be restrained in the exercise Of being e.
enumerated and included in the above mentioned res
trlciive clauses.
As, then the prcpriety of enployios secret agents
In public ministers be judged of solely
oy the President according 20 the cxgeney OF our a
fairs what is there in the Constitution 10 bid the
b,og employed in negotiating treaties, aud where
would be the improperly Of employing them il II,
should be found tina, object could be
In no oher wayl
IL is understood 20 have been proven In tba ease nj
this very treaty with Turkey, that however small or
doubtful may be the benef, 10 be derived from H. in
the opinion OF cur worthy Senator from Norfolk go
high value is set upon the commercs Of the Black
Sa, in the estimation Of other Power, and SO anxious
are they to excu'e US from any pa patton In IL, tba
suy attempt 20 negotiate openly for Il, on our part
wonii certainly be frustrated by their in,erfsr. NEE
1ha, IL was, therefore, not only necessary tia. The
greatest secrecy sbculd bs observed, but that no small
shtre OF address would then be required 10 eiu.
their slsepess vigilance and bring the negotiation 10
successful termination: That TIE attempt made BY the
late Pre-iien', although carried through the m d.
cm OF Secret Asent, rendered ineff. ctua from
the circumstances OF its comioc, By some means 10 the
knowledge OF some OF the Euiop uinstes al that
court
But il be the belief of our worthy Senators
as II very possibly may also be OF many oilers of the
good people OF these United States that treaties can
only be negotiated by Public Ministers ami that, in
fact they have no other functions duties to perform
And il was probably under this impression that The wor
thy Senator from Norfolk with the view OF bringing
this act OF the resident within the pale of his denun.
ciation laborcd hard prove that the mere inyes
titure OF the Secret Agent, with full movers to negot
ate, constituted hi Public Minister 10 all intents and
purposes But in this instance the logic of the wor.
my Senator seems TO want something of that malhe.
NAUTICAL precision with which, he tells u.s. he is accus
toned TO make his deductions and arrange his argu
M MS seems TO amount TO this that the Secret A.
gent was furnished with full powers TO peaotiate :
Public Ministers also furnished with full nowers
when they negolate-Ergo, the Secret gent becomes,
tpso Jdcfo, Public Minister. IL is certainly verv
convenient sort OF argument For, did he wish TO
prove that Public Ministers Secret gents he has
only to take the converse of the proposition and il is
done.
But Public Ministers are not necessariIv stber ,;,
tme egtct or er-oHciO, negoiators of treaties and
would have just little right authority 10 undertake
10 do So with ut having been first furnished with sll
powers or leters patent, with the broad SEAL" as the
worthy Senator emphatically calls it, for the specal
purpose, the worthy Senator himself or snv other
man, would have For the Constitution does moi saw
thareaties shall be negotia ed by Public Ministers or
Public Officers OF any kind. II does not say in fact by
whom they shall shall not, be negotiated But has
very wisely and properly lett it entirely 10 The discre
uon oil the Presden,to cause them 10 be negotiated in
any manner he may Judge best according 10 existing
circumstances.
Ell the furnishing any one win s,.u ,ors,,
TO negotiate treaty, be to institute original Mission
and create Public Minister-and IT, to do all This
without having first obtained the advice and consent OF
the Senate, be 10 usurp awess and unconstitutional
power then ii may be said, that in almost every treaty
that has ever been negotiated by u since the
adoption OF the Constitution the President, for the time
being has instituted original Mission and created
Pubic Minister without the consent and advice of the
Senate first had and obtained and every President we
ever had, has been guilty of lawless aud unconstitu.
tonaI usurpaton OF power. Because one, not even
Public Minister, duly constituted and appointed ac
cordHg TO all the forms OF the Constitution, could nego-
tale treaty without being furnished, independently of
his character and commission a Public Minister
with these same g full powers" letters patent
with the broad seal" And il is N ( customary il is
believed, for the President to nominate and by and
with the advice and consent Of the Senate to appoint he
privilege issuing those " letters patent with the
broad SEAL, negotiate treaty any more than is 10
lay the said letters patent with the broad sea before
the Senate or their consent and ADVICE preparatory TO
directing the negotiaton-to be commenced.
Indeed, there is nothing apparent in the Constitution
that requires OF the Senate TO know, that enoins II
upon the President to let them know, any thing about
treaty, until Il HIS been negotiated and arranged TO his
own satisfaction. When he lays II before them preyi-
ousy TO ratying aud exchanging it, in obedience 10
the Constitution, which authorizes him to make treaties
to ray and exchange them) only with the advice and
consent OF the Senate-when this is done, thew have
then, for the first time, constitutional right TO take
cognzance OF it, And, having entire control over the
whole subject, may do whatever seems meet to them in
regard toit.
Nor can it be very readily perceived, with such an
obligation the President and such controlling now
er IN the Senate, what possible injury could result the
nation, no matter by whom, where, in what manner
the President should direct treaty TO he negotiated II
is very certain that Public Minister, with his com
mission OF appointment and letters OF instruction in his
pocket, would scarcely he enabled without the addition
OF his letters OF credence (his credenias) 10 pass the
Threshold of the Office OF State, at any Court of Eu
rope.
IL may be very true, for reasons of State that Public
ministers are mos' eoWmcnly employed 10 goliaioDs
But u rs equaly uus dist public njbister nav be
eommis'ioncd asd appointed, aud seni 10 tssids al
foreign Court To- years and rsiurn home sgan without
having been o. eupioyed N The ue yoatio, nj
ahea'y Ard The "ls'iers psieLi, With The hrcai
seal, called, in diplomatic language, tie dull pow
ers, & shch always iurui he'd ne Ola Ors,bave
no moe Necessary connection @ih The NOMINATION and
appointment o. publ ministsr, Than hey have with
ect Of he ~ SsnA ~ A. the h..