Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-04-28

| sstoppel indeed.
Short as IS our history, il nevertheless. furnish
es several examples Of ministers who have
| exceeded their instructions, and of officers who
have violated their orders. Reasons OF policy
have induce the government TO adopt some
OF these acts, and TO justify others TO foreign
states. But until now, 10 has never been sup.
posed by any, that these reasons Of state poi
cy were Of suilicien fierce 10 preclude oil in.
curry into the breaches of our own laws, much
less into the violations of our Constitution j.
self. A treaty 10 ratified, no matter how or by
whom concluded, whenever IL is believed 10 be
promotiys of the public good. But If this rat.
'hcatIon necessarily Implies jus iGcat,on OF a
vfoisiicn of the Consti uiion, ~ the appoint.
ment ofihe negociators; X il by such ratification
we are estopped TO deny this, then indeed has
the time Come, Viii our opinion of the gen.
eral welfare is the substitute for tho require
ments oil the charter.
But how does this question come before US
An amendment to an appropriation bill is
here proposed, the object of which amend
meat is, To authorize III expenditure Of more
OF the public revenue than was contemplated
by the other House. where tho blu originated.
II this amendment obtains. the bal so amended
must he sent back, for The approval of the
House of Represe natives. When there, who
will be hardy enough q aiirnl that these con
sttutional guai dians of the IN aney of The peo-
pie, ARE eslopped from inquirins INTO The it,
ness OF granting what may be a.ked, aud OF
the mode IN which he grant should be made
Such mn affirmation would be carrying IN
CLAIM OF Executiv" power 10 an extent never
before heard Of. Ye, il must DE conceded on
all hands, that the power of the Senate over
this appropriate bill, is precisely the same,
neither greater or less. than tina, OF the other
| HDuse What Then hpr nI this IOCtI
. Of esioppeis, urged upon the Senate TO prevent
the assertion of their constitutional rights
Mr.. President, have now done with this
part OF the suhjrc, and will detain w" but a
few moments AZ examining the second qheS,ion,
| In discussing this, am Obliged 10 concede
CRATIC argument, that the Presldent danng
| the recess ot tue Senate might lawfully have
Instituted this mission, by making these origi
nal appoin' ments. Yet granting thus, never
theiess contend thai II was bis bGundcn duty
to have submitted to The Senate. ct their mex
session, the temporary appointment Of these
ministers. have not heard single sugges
lion even whispered, in excuse, much 'ess il
justification Of this OMISSION, excep, the fac
supposed by the honorable Senator from iii
nos, which he must pardon me Tor eoyiDR
mh",hor II may be AZ supposed rr not, does no
in any way alter the case. Nay, this soliaI
| argument n.ell implies, that il the faci be no
as is supposed, TINS omssun has no defence.
| My lrlend from illinois says, and says truly
| that if the commission granted by the Presi
| deut 10 these ministers, IN the lin day oil Seq
lie nber, 1929, was properly granted, II wonl'
have continued in foil force until the end ,
the next session OF the Senate. that is to say
until the 3lst OF May, $780, aud tins withou
lhe advice aud consent OF the senate. "A
| then argues that the irraty was conc luded o.
the 18th oil May, 1880, "heteupon these minis
ters be came tuncii 0UiciiS, ceased TO be OIL
GERS OF the government, and therefore 1t wou
nave been quite idle and unnecessary for th
President to have nominated them TO IN
Senate.
Now # all this should be granted, il consli
tutes no Justification 10 the Executive, becaus
1t is obviously an after thought. that could N,
have occurred to Inem, until ong after the las
session OF the Senate. II Washlngto on and Con
stantinople, instead otbeiug separated as the
are, by two seas, were connected by a rgilroar
along which the convey ,ncr might be as rapi
as between Liverpool aud Manchester, the il
tclllgence OF any event occurring IN the Turk.
capital, on tsr 9TH OF MAY, could not be con
municaied much hey ond the Western island
by tn 3lsl Of that month. Then, the demau
! ia of an imnossiblliy, which would hive us sur
nose. tina, the Executive knew Of the conclu
sicn of this treaty, and therefore did not MAX
the nominations of these Ministers TO III
| Senate, during the last session. And the que;
ton is TO be tried, not by the tact, but by thel
knowledge OF il. I pray the Senate TO motto
the various and contradictory modes resorie
TO, for enlarging the power of the Executive
Ir Mr.. Rhinh had died OH The tn Of May, an,
il had BEEN judged expedient 10 Fl ap The va
cancy happening by his death, all agree, tina
the President might properly have done 81
ID ..tak. a..
event happened, il could not have been know
| here, during the last session OF the Senate
But il Mr. Rhind makes treat, on the sun
day this after dscOv red fact, although equal
! unknown to the President when the Senate az
| inurned j. urged TO Justify him, Ion not layi
! Mr. Rhinds appoin mr Mt before the Senate a
their lat session, although this appointmen
was made here (snd therefore well knowo,
eieht months before tina, session terminated
| Is il a fact howevri, that this treaty was Con
Guided on tho 7th OF May II is true the IN
strumeni bears that date bat We all know, tina
il could not have been then concluded. BE
| cause il is absolutely certain, that two OF tn
Com missioners had not then reached Constan
tuople aud that Witnoui their appreciation
even the Turkish government would not con
sent 10 consider the pryect as treaty conclu
de !. When then was II concluded Certain
ly not SO late as tho 29lh OF MAY. Because
we nave on our files a letter OF thAt date, wit
ten by onp Of these Commissioners TO another
urging many arguments to induce him to sig
il. On the naxt day, (the 30lh,) another Con-
missioner writes 10 the Secretary OF State
aging, that he had that day signed the teat>
but Ihere 10 no evidence before tha Senate
showing VII II il was signed by his associate
suppose. however. that IL was signed by
The Commissioners on or before the ooth o
| May. The instruments were still To be eA
changed. before the business OF the negotiation
could De concluded and we have the ST. oDges
presumptive evidence that this was not done OF
that day, in the fact apparent upon our o"'
j,urnal., that the Both Of May last was Sun
day. Now does any msn believe, that thes
Ministers oil a Christian people would haV'
thus publicly proianed the rstan's sab
bath, at a Mahometan Court. and under tn
view VI all the Ministers Of the Powers o
~ all : I.n't A