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

should DO commenced, and ,he manner how n Ought
to be condusted. so entirely depend upon sdven ,ous
circumstances, tina, IL would not be practicable TO ss-
abiish any liked and permanent rules by which be
guided. Thus that some tmes ne citations are
carried on by our ministers reside nj at foreign Cour
otoer times, by our Secretary OF State with the TO-
reign ministers residing near our Government Er-
oeeas'only employed And II not unfiequently hap.
pens that, when attempts fail at OF the Courts, The
negotiation IL transferred 10 the other Someumes III
ne ostcrs meet at neither OF their own Courts I'm,
within the territories of some friendly neighbo,io,
Power, was tbs in regard TO our las, r..,y OF
peace with Eoglaod. CAFES may orcur too In which
dor II Absolutely necessary. in order suese
nat The negotiation should tie carried en- entirely
through the me dun OF secret agents
Due no mater what may be the character of the no.
goiiso', whether mba sailor, Minister iiea, En-
voy Es,raordnary, Minister Penipot ntiary Secretary
o. STATE, % Ssere AEea, 10 enable him treat, he
mus, b. clothed wi these 'uli powers" or "ist,.r
ra's n with tee broad ssai for the special regohd
he may be ms uced to IN ttute; and, pro hac rice
h s 'he me'e agen, Of he President Inde ed in one
sense II msy he said 10 be he Presiden who
nssoua'e., for Qui Jeeit pea. alum fecit per Sc
seems TO have eses PED tbs resoIec loo Of our wo
thy Senator thai IN. Senate forms no pat of the e.,
eeu'ys, but IS empy branch Of ,ha legislative pow.
er. Is 'rus Indeed, ,ba in certain sp cited eases
zoe o-netr possesses cOntro!ns power the ex-
ercise o. Executive authority. But the effect of this
Is merely TO suhsci the sep Of the Psecd.n, in b.
par isuar instances spe -ie 10 he gislave conro aud
no mors CONSTITUTES that body par, OF tie Executive
ban tie principle o. gravity, which resltans the mo.
en OF e'le', can be sad TO form portion oil the
body prtj-c'ed Aud If the Executive should be weak
enough 10 yield the power claimed by our worthy
Senaors aud The Senate should undertake 10 exercise
IT, II would be, on their part, great derosafon of
ESecn'ive power, and equally as mush a iatoiss and
unconstitutional osMpaft0n as hat which has been
cbhrged Upon the sUnduct of ths President.
Suppose 1t was known thai, il we could sucsesd in
peeonaiog treaty OF commerce with Ger ain pow
err as with Turkey for instance, The result wouiI be
nishy favorable TO cur commercial and navigating ia
terest But thai i, was a'so knowu at the same time
mat every attempt TO obtain /, by ordinary means
would be certainly frustrated by other Interested TO-
'eig' powers Ia such case, would ask what
course ought the President to pursue. Oush, he to
apanuon the attempt altogether, aud thus lose to his
country so valuable end extensive teade? or Gus hit
he Not father to endeAvour TO obtain il by The only
means let 10 his pSwer-ihrough the agensy Of a SO.
ere, nego,atc,!
~ The petition assumed by our worthy paios he cor
recuy undsrstooi amounts to tn s. that ;he mere f-
ISh'pg . eret Agent with authority neEociate
'eay constitutes hn,ipsO Jdcto public minister; and
mat therefore, The duty OF The pr.sden, 10 bev-
nominated bin TO the Senae, aud to hav. tbeir
,h'sn' and advice b, fore he appointed him. Or in
ooer Wofns, mat treaties only he ne gocia,od by
aud through public minister's But II this vi y n. cor,
rect then his anomaly in Government would he pro.
uuceo; Iha' bJecis f the highest importance 10 tn,
prosperity OF tho ma ion might exist bu, for wan, NJ
power 20 adapt means 10 the .xs.nev Of an. r,s
the government would be ltf utterly unable to Obtain
mem As In the case of this tale up the Black SEA
with Turkey Aad although the most sa,isIsco,v ev;
dsnee existed thar all ate mpts 10 such rsa
~ openly ny and through public st4r going wi
all the ponp aud Circumstances of the Rsofe..ni,,ty
OF great nation, would moy certainly n. f..,ed b,
tns a'on' aud uneeasing efforts OF other Interested
ioreign power: yet there was every moral certainty
ms such treaty might be Effected IN fough the me-
DUN OF Secret AGENT. But The Presides,, uufortu.
na'ely, having no power 20 negotiate through such
channel IBIS .xensve and lusraivs trade must be las,
10 va foteveil
Our worthy Senator from Norfolk sppears n en,.,
ain The opaion that the Executive has been put com
pi-eiy into leading s'Ingsto the mate and that he
their concurrence. Iodepd hi even complan. iha,
power has been exeried by the President yilbou,
he Senate "advire and consent" But is the duv
he people OF these United ates 10 act ,on,Ilv aoa IN
partially toward every deparmen, OF government, And
they should feel under great an 10 pro,ec
and defend the Executive, in The exercise of bis Ia
lu powers, as they would, in regard to those resncc
lively vested in The legislative and Judicial departments
And every aemp OF ons to encroach upon another 60
Ar from bang upheld and justified should be frowned
upon aud diScoun;epanced
IL the doctrines advanced by our worth, S.n,,o.s
W. re sustained, they would lead 10 the usurpa.p on
me pari OF he 5 nate, OF al Executive powers; al.
,e .sf,s oil me Constitution clearly show tina
cootrniius iEhuAnss ,b- esersse &C Exc.~
tive pewers only In certain sps elf ri casss
III the pow vested 10 ib President appear Ton CIV
tenive and Of too threatening a pect, The C ,nsn
N'ion tel poos TO the proper remedy. Bot let US
not endsavour rid ourselves OF tbem bv .anctonin
sun pioDs OF them by The oiber dsrartmcn,s
II may, perhaps, be kei, if the President csn ne
gotl Re ifeses through Secret Agents, nos nominated
to The Senate and appointed by and with their consent
anu advice where was the necessity Of that provision
IN the Constitution, requiring him pursue his course
in regard 10 Aubs ssdcrs nd other publ c n,nise,,
To this II may be answered that, by the aforesaid
V'si'r, power - given TO the Snale Judge of the
propfl@'y al insliiuig thu mission D proposed and OF
'tsulaiing the grade Of ,be minister, &
In ciosiOg his eyaminaiioD, by no means will 10
De understood as intending 10 charge worthy Sepa
ir WIN sny design TO SOW diseord after confusion
20 the republican reuks. And are peril city wi Hing
TO admit thai IN the course pursued, they very hon
esiy supposed hey re only dscbarSiuK sacred du
~ Bi neveTheless, we cannot bus lancet Ina, such
tine aud occasion should have been cho en- To ar
Taisn The e0pduot OF Administration that was Ger .
fanny most faithfully tDd ably following the guides Of
the man who founded, and the man who re iormed the
government And II Is still more TO be de- plored tbal
they should have fell themselves under obpaton
TO sbaraetenzs that conduct ia terms IF such harsh
an" "'"'e"ed cenSure. VIRGINIAN
FOR THE E.NrQUIRER
II Sketch Of The Decisions Of the General Court
JULY TERM, 1881.
Trent < skiPwh) Adj nrned case. from the superior
Tbi | White county on writ T' Of ,rrs zee EDWARD
the defendant in error gave notice to his plaintiff.
that he would move the county touri Of Priocs Edward
Tor hne sgaos' them OF 800 sgreeAbly to the STA
'n'e Tor not having erected good AID sufficient loo
h'onsh 'helr dain or On eanals at around IT,
and Tor not sving bic boat, baneaux laden with sa
from Pe'efsburs 10 Fdrnville-iree passage lbrcnob
upd heir said dam, on The 25ta Of Ausa,t is2o 49,
their ni'i on Appoma,tex river at STONY point &,
The parties appeared, and he county court gav inds
ment against the plain If, error for oe II @2G and
tn costs snonDng to 81 20