Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-04-25

Uia nistintilOut Ho hWeaNh' v w
ween the principles Involved 10 each.
In what sir, Is any difference u be found
beiweeo the two cssesf IL is true, that wal
the ,ne,e assertion ofa ight 10 power, the en-
ercise OF which was waived at the very mo
meat IL was claimed and this is The exeriion
of he same power then asserted merely. Blu,
surely this barren claim. waived when prefer
red, presents ooi so strong "a case, as the ac,n'
nj exercise Of the very power then waved.
The two cases, although mol similar ~ Their
facts, present the same question, and every
garment applicable to the one, applies a for
lion TO the other. The honorable Senator fr.m
Illinois, | am sure will moi say, that because
the one set of Ministers was to be seat 10 Pan
anna, aud the other 10 Constantiaople, thar this
difference OF ihsir dsstina' ion eau constitute
any distraction between the principles OF the
two cases. Nor will he say, that because one
! set of Ministers were sent ~ Congress ofihe
ministers OF several nations, and the other 20
a single aaiion only, that this mere matter Of
numher, can vary tn questioL rs 10 the con-
slitutionai right OF the President 10 appoint
either In what then does the difference con-
| Sis
! The honorable Senator from Illinois says,
| that IN the Panama case, the persons proposed
10 be dispatched were 10 be Public Ministers
hut tn. PERSONS actually sem IN this Case, were
Commissioners only. Does he mean 10 say,
HAT ,h,s mere change oil appelaion, alters the
thing nan Il The poet would tel him, that
"a rose by any other name would smell m
sweet ! and am sure he would not agree, that
his hat was notone, because many OF his towns
mrn call u "a chdptau-Bot see, Mr.. PiesI1eni,
what broad gate Il here also hoisteJ, to II ~
tn" food OF Executive POI aud pairnnag''
An Act Is forbidden when called bs us true
name, yet change boil the name, add ihe same
at ut once becomes jus,ihable and proper.
| There might be some hope oi an end 10 this, II
those who seek 10 get ro"er III this way, we're
| GoDsttains Il 10 tar their Own Invention Tor new
| names to denJte old things, Tor Ms there must
| be some limit to human wit, " when the brains
| we're on, the thing might die !" Unfortunately,
however, the work is already done ioI ITEM !
| and a Secretary Of State has bu, 10 turn to the
mere index oi his Code Dipiomaiigae, aud he
| will there find II long list ui he nanrs OF pub
lie missionaries, VINO have been employed by
different potenlaies, at various times, ~ hch
list may s,rye as perennial fountain ot
poaer.
| Let me give an example of the ease with
which this work may I've done. Tue ConstIu-
ton huibonzss the President, by and wan the
advice and consent % Inc Senate, To appoint
ambassadors and o,hef pablic mi'''stcis. IL Is
| desired. however, 10 appoint such without con
suing the Senate, lest ttey may not he wiling
| TO establish ANY zach offices. Torn 10 the C0de,
and GU may there hnd, lint the ambassador oI
to Pope ID not Distinguished 60 nOBine, but Is
termed Legate. FoI MS az Ambassador repre-
SCENTS the person Of bis master * as the sanc,ity
" mia lbility If hi. Ii oliness Cannot be repie-
sen go, lie nere iofe cannot have VII lis comuiou-
| " called an aNoasssdur. To shev however, that
TINS Legae is IN very truth tae personal repre-
sentative of his sovereign, ne Is sometlnes sty-
led Legaie q tdtere, that Is 10 say he is sup
posed To DE taken, like our mpruden, mother
| Eve, from The side oil iis lord and .,-s,e', ."d
! therefore may very ptoprriy be ident,iied
| ~nh him. So, too, II lie Pope wishes 10 send
a minister plempotephary OF otaer negotiator,
TO any OF the Catholic Piinces, his beloved
children, as twoald be- quite un eemly 10, til
holy faIhe,, (whOse whhes musi be commands
10 them, L. SEND 10 them any Officer, whose
| very tie imports gotiaton, Lis munster uI-
on such OCCASIONS Is St, led "a Nunclo "a mere
messenger, deputrd 10 bear the Will OF the Ia
Their to these bis dutul cplidren, which will 10
| be observed meals Dut % be known. Nov, d.
this Republic IS mere Artificial body aud rs
abound aud wnhinH there are many VINO CON
stautIy disting uishihe President AS tben "GreaI
| FatHtr,' II would no reqiIGe much ingenuiy
| TO hnd out SOM snniItude between his Office
| aud that Of ihe Pope. Then as the Consi.iu-
| ton says mol one wood ABOUT the Leg ties OF
| Nuaelos, all tina is necessary 10 attain HE dr.
| sired eud, would b. TO fil IA BLANK Ia he Con
mssi ~ with such words when according 10
TINS argument oftbe Senator itom Iluob, tue
PresIde mt alone would 50 acquire power, to do
tue very aci which he forgi iden 10 do II thIs
blank was filled BY the piopef name.
| [Here Mr. Kane interrupted M. Tazcwe
obsei wing ne mad not meant 10 say, mat the
mere change OF u name OF any pubic munster,
would suthoi We The President 10 appoint one ;
but that lie had sad ihese Commissioners were
| a ,tuLfic min 81, M all Ihev secret
ministers or pf.Uate agens like those fprmef
SEN 80 Suutn Ainr,icH, OF ine persons freq ient-
" Sc with de- phtebes. Tue appointment Of
| none of these had ever been submitted 30 The
| SENATE, nut was always made by The President
alone, because sucn appointments we're not spc =
caiy provided Tor 10 the Constitution.
| lua,.k tue gentleman for TINS correction |
| really had no idea that Is WAS his purpose TO
draw Distinction betaeen public and secret
ministers. My impression was, that bis do
liaction was run between Public Ministers an J
these ComHlissionefs, who werr not sapposed to
be public ministers, because they were not SO
called and was about 10 shoa, that the oil.
Gers were the same, although their denomlnr-
lion was dir reui. However The Senator from
limos has teiieved me from this troabr. Lei
me then enquire, whether his actual argument
IS more conclusive, than that which had sup
uo.ed him 10 have used.
nois, II these commissioners ~ers not pabiiC
bat secret ministers, according TO his sense ei
these latter words, whence the President ind
Senate together, mucn less the President a.
lone, can derive The right to appoint them
The Constitution gives to the President, the
power 10 nominate, aud by and with the adj
vice aud consent OF the Senate TO appoint, pub
lie ministers but it would be rs difficult, be-
neve, 10 bud any authority IN II, To appoint Sc
crek ministers "Do should mol be public ming
iers, as II would tie TO Conceive The idea of d
prieate agerIt. appointed TO perform the pudbt
day OF neg oc'a,ing a Treaty, which when ratr
lied is declared 10 be the supreme law OF ouI
land pray we may not contouad 'ha char
acter tDe minister, with that Of thu duty con
efred upon hin, or with the mode in which he
may be directed 10 perform ihi, duty. Doubc
ess, uuder that provision Of the Constitution
when aainorizes the appointment OF pubic
ministers, the President. by and with tue sd