Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-24

Of corrupt exercise, by impeachment Aud l, must
urtbet be Observed that the two Houses have each
priation.
But that Limitation as to the particular destination
oil the Ministers was intended to be made by law, Is
proved by the first appropriation bill passed in 1890
where 10000 dollars appropriated not for the sun
port OF particular missions but "for the support of such
persons as he he Presiden shall commission 10 sery,
dental expenses and its only limitation is that of the
compensation for the different grades, which has re-
manned unchanged to the present day.
Inc prominent and striking case of Ministers APP
pointed to make peace during the Of the Senate
stood so directly in the way of the position which de.
mes the power TO create new mission in the recess
nat the absolute necessity OF removing getting round
was apparent But IL could not be removed. There
stands-its existence evident-its moi
douoted--its absolute necessity What was
70 be done' The ingenuity Of the Senator from Vir-
gin'a iMr' iazeweID has provided remedy. The
whole is referred to the war-makng powers The Pre-.
sident is commander in. chief of the ARMY He NAV
nnu necessary to make an armistice. He may effect
u,s oy such agents as he thinks proper. The Peni-
Po'ehuaries 10 treat oil peace Minister'S; they
are agents to negotiate arinstice As WE'LL SAYS he
may you call the officer to negotiate an exchange
prisoners or settle the terms Of equalization for
fortress; as well might you call him Minister as the
persons sent TO settle the armistice.
IT'S somewhat unfortunate for this argument that ne
gouators Tor peace are invariably Plenpoenisries that
er authority authenticated by the same broad seal
mat Is supposed 10 have added much dignity 10 the
diplomatic character Of Messrs Ohley Biddle and
thnd that they civil, not military officers: that
tbey exchange their full powers with those with whom
they treat that the agreements they make are not
tstces-intervals between of hostiity-but trea
ties oil peace which TO put end them; that
es IN an hundred the putting an end to hostiliiie., is
only one out OF many Of the spuatons cor ained i'm
treaty peace The power of making IT, therefore not
oranch oil the war power but of that which is its ye
ry antagonist, the power to make treaties A stipula
uon that the nations between whom is contrac ted
shall remain at peace with each other, even should IL
contain no other agreement, would be much treaty
as any other that ever was made 1t is called by that
name; IL Is negotiated by the means; requires the
same ceremonies in its inception and the same ratfca
uon Tor Its validity as other treaties are WHY then
can an armisce, which is ratified by the trea.
W making power OF the nations, Why liken il TO the
capulaon oil fortress. an exchange of prisoners!
Because the argument showed that here at least was
case in which the Constitution could not bear the
strict verbal construction that was conteped for. and
the precedent proved that had been departed from in
pracce and that the departure had never been oues
ohed' much less stigmatzed by the epthets liberal
" bestowed on the Turkish mission. All this made il
necessary elmer TO abandon the argument or give ano
er character 10 the power of appointing Ministers in
the recess to stop the ravages war; when perbaps its
continuance might endanger the existence of the ma
uon treaty OF peace is for this reason called an ar
m'sce and the Minister Plenipotenary who concludes
IT. is by the argument placed the same footing with
the subaltern who is led blndfoded into the posern of
beseged Tort, TO summon IL TO surrender
But the Senator shall have which way he pleases
he power to put an end to destructive war by the
appointment OF Ministers in the recess of the Senate is
q n
uhuer the Constitution! Then il only be by giving
to the clause the construction which have nut unon n
Is power ouer the Constitution? Then the same end
whlGh contend for, by legitimate construction, is to
oe aowed by the dangerous plea of necessity-the ty-
rants plea-whch may not exist when used even IN
J"shiy peace. IL may be humane, and convenient
ana proper to put an end 10 the devastaons of war;
but until the existence of the nation is AT stake unti
peace alone il from destruction there is
perry speaking, no necessity. What shall be the case
OF necessity then must be determined by the party who
10 ava himself oil the pea and, if admitted, will be
'ou 10 embrace all cases that found convenient
And II the plea Of necessity be admitted to Justify
treaty OF peace, made by Ministers appointed i'm the re.
cess why may II not cover like appointment for max
ing treaty OF commerce, or boundary, or cession
when could only be made at that time,
nu, Is u poss bic the sages and practical sta men
VINO framed our form Of Government, should not have
ote'een such ordinary and indie ed inevitable occurrep
cesor that oreseeing they should not have provided
Tor them! Is possible that they could have eft the
power Of making peace-s,izing an advantageous &C.
eurrence TO make an important treaty-or filling an
important Office during the recess OF the Senate to
oeJusihed by necessity! The idea is an imputaton
on their wisdom or their patriotism, which they do not
GO erVe: Ihey did forssee-they did provide. And
Weaue, subject to the assent Of wo-thirds of the Sc
nate-they gave him the power to appoint the Mtis.
teis' ny whose agency they were to be made, other
wlse' we should exhibit the strange spectacle Of wise
ha'on, which had so cunDngly ctn'rived its Govern.
men' as to deprive it, in copjuncures that mos, fire.
quen"y happen, OF the means of making peace avaling
commercial
advantages, or filling OF the mot important of
fees. "
But The power may be abused! The President NAV
appoint host OF Ministers, and drain your Treasury
oy the payment Of their salaries. These Ministers
may make bad treaties! He may compromit our neu-
'raiy, by acknowledging Of those new Powers
"hich are daily spriDgng into existence!
Aias yes sir, il is most true; unfortunately there is
no power you can give that is not liable TO abuse 1t
cannot be dsnied aud the observation makes I'D for lie
want oil novelty by its acknowledged truth In everv
IL. chpck apbb ala
wEere there must be confidence; and, until we can
md men OF unerring wisdom and incorrupbIe in,eg-
my ohnd 10 The allEements OF populafi:y-deafto the
voice OF interest favor afection-,ha is TO saw un.
h we can md men who not me n that con depce
VIII at lines be abused. But il must be given And
80 happens mat there is no power confessedy given
10 me PRESIDENT that s not liable greater and more
fats abuse than bis You fear war from his geBding
minister to one OF those Powers which are vet
uhaeknoWedged by the rest of the rid; and vet Won
cannot deny that he has the right to receive Minis
yer from one OF ho'e Powers, without consulting Sc
ha'e CT Rouse Of Representatives You will not tru.
MN WIN sending Minister, lest he should involve
you IN wars and yet you confess that he ha, The un.
eon"oned command OF your Army and your Navy; in
suuments, II he wishes war, infinitely better fitted TO
produce IT, "
You sPprehend that he may lavish your treasure, in
me salaries OF few Ministers, at the same moment
ns you give him the control of all the officers employ
Cd IN the collection Of your revenue.
You Dire ad tba, he may reward his fayorite, bv an
MS to embassies in the recess and vet no man
can OBTAIN an Office OF any description from the highest
",no o"est OF ihtse which are submitted TO the Sc.
nate, but by bis previous nomination.
You are obliged to swallow the csmel-why strain
al the gnaR Wy ~
We now approach nearer to the very case wbicbba,
exei'ed this holy Indignation against Executive en-.
eroachment and u'urpaIion: excited tiff | NAV be