Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-10

an absraetiop-cause the thuDdsts 10 roll, aud tn
light ngs L Zach, ia order TO snnhlate mere ab.
str action, and yet call upon to sanction it's practical
application! Will gentlemen cant thus their opinions
sole mnly recordeI Shall II be said that can give
is unconstitutional in Mr.. Adams time becomes light
AMI proper under zen. Jackson! Shall put of our
Opinions with much facility Us we do our glove! Have
we good grounds to complain OF the Secretary Of
State, he advised this missions! and that he did
cannot bring myself to doubt. Has not the whole
Jackson party cause to complain? Was there any
qu.s lou on which that party stood deeply commit
ted on this? None, Sir; not one.
Even il there existed On apuess 10 the cases refer.
red to by the Senator from Louisiana furnishing
presidents to justify this mission. howsoever they
might Influence tho President, they can furnish no
excuse for the Secretary, his constitutional adviser
Those eases were all paraded in tho discussion the
Panama question; they were commented on, aud their
force overhrown. Can an actor in that procee ding
now repose for his justification on precedent. which
had been declared OF no force effect! Let II not be
said that the President is alone liable to be questioned
The Constitution has placed around him advisers in the
several departments, and for tho counsel they may
give him they are answerable no, only to him, but 10
public opinion.
But, MI President, we are told by the Senator from
Illinois, (Mr. kane hat these persons were not pub
lie ministers. Now, Sir, there is OLD sa,iGg and
very wise one, "save us rom our fends, and we
will take care of our enemies" and it
applicable than on the present. occasion Ii an at
tempt s made to excuse thing, and the prove
Insufficient, better by hundred times had il
been urged. Why, Sir, if ,he'e ware not public
| dHents, Wnat, IN tDe name OF common sense, Wtrb
they! Formerly, (and doubt il is still tho CASE
kings and potentates had their private anb asadors
They are deputed TO transact some matter app'rtaiung
solely to the king their master They may be charged,
like Earl Of Suffolk in former times to ne gotate
treaty Of marriage; or, like sonnet body else to present
congratulations on the birth Of heir apparent, to
purchase crown jewel. These would, indeed, be
private agents, such the President not as Psesdsn
but az an individual, may employ. But who would
think for moment OF quar,ering such agents The
treasury Sir is The employ meut which gives cha
1 a Ia L IN Nah .fr'.a
volving the commercial interests Of the country whs.
Their his character be publicly known not /, wholly
immaterisl; and the very quotation from Martens,
which he has relied on, is~cisn to s,,i,fy the So
OF ,his for, says that writer, secret embassies
are Of many sorts Ii tbs court to which he is sen,
(peakiug of one employed on a secret embassy "be
informed Of the object OF his mission, he ought be
gr aued all the invioabity due 20 him as Minister
! Did Mr. Rhnd make known to the Porte his rue
character! Was he not gnsed 10 that character?
Did he not exhibit his credenIial, enter into nego.
tiaon, AMI conclude treaty of commerce AMI nayi.
ga'ion Who doubts this! The fact tn a tbs treaty is
ratified speak, all tina, ask But Sir, in what a la
mentabie position /, this argument of the gentleman
placed by the Presidents own avowa, made but day
since in the face Of the public hold in my hand the
lntellgencer Of this morning, containing a message
the President to the House OF .pr- sen atiyes
covering letter from Mr. Rhind, on the subj ct OF
certain fine Arabian steeds presented to him by the
Sultan There Mr.. Tylerreaj portion OF Mr.. Rhind's
letter, in which he the following languags1 AL
though this evideoty not intended to me (speak-
ing of the presen in my official capacity, since the
Ministers were aware could not accept them as such
still the gift that could no, be return ed with.
cut giving offence And but fer hi, official capacity
(said Mr. Tyer) why should Congress be troubled
with the SUI Jet at all The tnda,e of the Con.ilu
ton interposes with the declaration, that person
holding any office Of profit trust under the United
States, shall without The consent of Congress- accep
ii any present, &C., rem any king, prince foreign
State" The President, then, Acknowledges Mr.
Rhnd 10 have been an officer Of " .rnment; and,
am ind fersnt about names, il gentlemen choose to
I'M minister Mr.. Rh nd, il may clin phrase, car.
not, they do not deny that he officer Of the
Government. The Language OF the Constitution en-
braces we'll The case of an officer however subord-
nate, as OF an Envoy Extraordinary. But Sir, if the
circumsiance OF these persons having be engaged
secte: mission converts them into agents
of the President, beg TO know what becomes OF u.
when we go int, secret session. Do we cease to be
public agents while sitting will closed doors? True
we cit 70, tn in public but in secret; but what
c. edentials are made out for us Away, then, with
thess fmsy apologies Let meet this question
boldly and fearlessiy; let tell the Presiien, that he
has erred Let us be true to ourselves, TO con
suents. but, above ALL to the Constitution. What
The language Of that high Instrument "Hs shall
nominate, and by and with the advice and consent OF
the Senate, shall appoint ambassadors and other pub
lie ministers and CONSUL ud ses of the Supreme Court,
and all other o6fcers OF the United States, whoss APP
pon'ments are herein provided for and established
oy law" The obligation to nominate r. ole thing.
that to appoint another. An appointment cannot pre-
cede nocainaiion nor can il take place without the
advice and consent OF the Senate. Did the President
nominate these commits toner's, these ambassadors,
these otclal agents! Gentlemen take their choice
OF terms No. Did he appoint them' We one
doubts 1t. Has he appointed them by aud with the
advice and consent o. the Senate! No; for no nemi.
nation ever was submitted to the Ssnats. What then
is the inference? IL is plain and palpable need
express II. Sir, is not this enough TO give pause?
Language cannot be elearsr, more unincumbcr.
ed, or Injunction obvious. These arguments
apply as we'll TO the Min s,ers sent by Mr.. Adams SO
far as their true character has been made known as
to those sent by President Jack-en NJ one can sane
ton The one and dsapprove the other dsapprjve the
one and sanction the other. BY a subsequent clause
in The Cnstu ion authority IL given the President
to hll vacancies occurring during the recess. M
man can mistake tn, true aiming of that clause--va
cauciss which occur between ion and session Of
Congress, should be filed by the Pre- ilen'; but he /,
bound to nominate to the Senate, during tho sesion
suce eedng, such appointment; and to guard and limit
this power, the commission expires with such session
Any other reading would invest the President with
UNLIMITED and uncomfortable power. Can possibly
mis'aks text so plainly, so clearly expressed?
have read 10 the Senate the eau % in tbs Constu
ton rela ing to this subject. havs said that no an
could mi take the meinink beg Lave to recant tn
expression There 10 class of who may construs
1t diherenily statesmen, they call themselves; but no
more like ms statesmen OF former times, d" than to
Hercules" They belong not to the earth, nor deal
with II Jn'ily they spurn tie ground on which the
walk. Following the lights Of bewIld red i'm ,gina :
ton, th.y rush into spscuaiiJns and, 10 their mad
career, rampe under fo)t rights natural and
cd The Constitution PRESENTS bur.er In their ~
Its language however simple and plain is coDstrue ed
Every thing IL too plain and simple for their vast
minds They 90 for splendor and what docs no, gilt
ter Is regarded as worthless. May Heaven. in i,s
goodness relieve from all the trib. Sir take the
simple, unambguous language Of the Constitution "a
ma II. Will no. INQUIRE what IL should be. bu Dhdt