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

Asers ana In september OF the came year conclu-
ded treaty with the Dsy and Divan, which was con-
6rmed by Humphreys =, Libson. on the 2sth .Nooem-
ger, In the same year, and Afterwards ratified by the
Senate on the-day Of --. l796, and an act
passed both Houses the 9Th Nav 1896 sppropria.
ting large sum, $4,000 annually, for carrying iu-
TO effect.
call the attention Of the Senate to all the fact. Of
THIS case; with the previous remark that the
ton which gives to the Constitution was made in the
earliest years Of tho Federal Governments bv the
who presided 10 the Conve non, which made that Con.
sitution acting with the advice end assistance
lot the leading members Of that body, all fresh
rom Its discussion, men who had taken premi
Gsnt parts In every question that arose. That In
he Senate which ratified il, aud In the House
oil Representatives which carried into execution
several members, not only OF the venton when |,
was formed, but OF the State assemblies, where IL was
discussed analysed, every hidden defect brou hit 10
light, every possible Inconvenience prediced eyery
construction given that ingenuity sharpsned by oppo.
'ion and party feeling could conceive; where
ments were proposed to remedy apprehended evil:
where II was examined article by article phrase by
phrase, not word not syllable escaping their inous
'or,al scrutiny. Yet by those men, with this perfec,
and recent knowledge OF the Constitution &C ing under
the Solemn Obligation to preserve il inviola,e and with
out any possible motive TO make them IN air din
~ was 'nis hrs' precedent act; without single doubt
ON mo mnd that II was correct; without protest. with.
out even remark. precedent going the full length
OF that which 10 now unbesi,aiingy called lawisss
M usurPaion; bearing the present. act
OUT IN all s parts, aud in some points going much he
yond IT, Like The present case il was an sppoiotmen,
IN the recess, Of Commissioner with full power 10
make treaty; those powers authenticated As
,hese were, by the signature Of the President and tbr
Great Seal oil the nation But differs in this: that the
Commission 10 Col. Humphreys was an original an
ponment, and, therefore, according to the new doc.
rine' more oft ctionable, Minister having bsfore
oeen appointed to treat with Algiers. Whereas, in
tos case previous commission had been given bv Mr.
which was vacated by the recall the FRS,
ets' and the appointment of Rhind, Ofley and Bddls
~ went Infinitely farther than this, in giving 10 The
Minis'er the authority to appoint substitute and in
.ne .ae' mat the substitute negotiated and made the
AZ ram amin IT, til
son going alone TO AIgiers whore tho treaty. was com
GUIDED Mark TOO, that the commission 10 Humnhray
ua,ed only three weeks after the adjournment Of The
Seaaie In March; that Don aldson employ ed in NAV.
ana that neither Humphrey Donaldson were eve,
nomnased to the Senate; although they Of course met
10 december following. Look, sir. in the Exchequer
journal before you. No nomination of Humphreys
under this commission not syllable said of D,pa'd
ION. Yet, when the treaty came 1t was ratified-yet
pom ouse' passed law for carrying co nonine this
very treaty into efect-no circumstances about The
under WI ich the appropriation should be made
nothing hidden-the whole trapsac,iou-he mode of
{ esecuiion-the agents by whom il was effected
oroao seal anu all, the appsla,on OF the Agent Com
missioner Penipotentiary, which is now go odansivs
al spread before Senate, composed OF men, four-t tbs
OF wnom may, think say, had either aided in making
the constitution, or delbera,ed the proprety OF its
dopion, and this treaty sent to them by George wash
ngton Yet, with all these badges of lawess, uncon.
s'1'lonai usurpa,ion on its back the tire ty is ratified
tue law passes No grave Senator no indie pc ndent re
preventative rises 10 oppose this gross assumpon of
power Did patriotism sleep on its posts Where
we're he watchul the sworn guardians of The Consti
utoD, thus papably violated Where were The San
aors, Jealous OF their rights. Where the representa
ves OF the People sent to guard the palladium of their
liberties All silent, not word of opposition; not
Whisper OF doubt And yet the violation "gross opsp
paIpaole gross, more open, palpable than
the one we are now warned against because in more
points contradicts the construction that is affirmed az
'he only true and orthodox faith by which we NAV he
POLITICALLY saved. Ought not this practical and con
'emporaneous construction, even lit stood alone. 10
create some doubt OF the doctrines we are so vehement
urn rod tn adj
hgon even ", In our superior wisdom, we now for
the hrst time, guided by new lights, end il wrong
| who followii? " ~
Will be said that this example does not apply LIE,
the difference be pointed out; and where they differ
the example set by Washington will be found more al
war win the principles laid down by the Senator from
virginia man Inc acts which he nov denounces as I'M
| con s,u ionaI.
win he refer again to the war-conducting power
aud call the treaty with Algiets armisticel The
treaty itself plies to this auswer- is Of com
merce as well "a Of peace.
But this is not an isolated case. In the very
same year, on the same day OF the year. the 3Ob
March, 1895, David Humphreys received another
commission, by letters patent from President Wash.
ington, authenticated in the same mapner copsi.
tu'ing him Commissioners Pleuipotentary for nego-
tiang treaty Of peace with "the most iIustrious
the bashaw, Lords, and Governors, of the Ciy and
Kingdom OF Tripol" with like power of substitution
n .he oth February 1885, he transferred his powers
to Joel Barlow And on the 81 January, 1897, Mr.
Barlow made treaty with the Bashaw and his Dyap;
which was, in like manner with the former approved
6y COL Humphreys, at Lisbon, on the 10Th February
1877, and was ratified by the Senate the following
Session. Here We hDd three Sessions, after the COM
MISSION pass beore the treaty presented to the Sc
nate tor Its continuation during all which, no nomina
ton Of either Humphreys or Barlow was made SURELY
f doubt had crossed the mind Of the President, that
mind oil which the eminent characteristics were de-
liberation and prudence, IL the shadow of doubt had
passed over IT, would not the regard for the Con.
stution, for which he equally remarkable have
induced him to consult his Cabinet, to consult as he
frequently did, on other and less important
the Senate Sir, he had no doubts-the greatest and
best, and most prudent man in the country, had no
doubts. His advisers had none--ths Senate had none
The House Of Representatives did not hesitate; and the
nation, filled with men whose minds were enlightened
by continued discussion OF the CONSTITUTE ton
Yet we doubt. Nay more, we decide; and admi ing no
contrsriety OF opinion, stigmaze that very conduct
thus pursued by Washington, as lawless usurpstion
mat great man, very after this stirred from Office
carrying with MIN the benedictions Of bis fellow citi-
zens and little suspecng that this wise and UPRIGHT
act OF his administration would draw down on those
who copied u, the reproaches we have heard John
Adams who, besides the great share he had in forming
'hh Constu ION, was emnently qualified 10 Judge
on every question: relating 10 foreign intercourse:
who might be styled the founder of American di.
lp'omacy-John Adams succeeded him. And be- too
strange as II may appear-he, too, fell into the same
fatal error or ( the case is clear 40 is supposed)
was guilty of the same objectionable fault. He too
on the 18th Of December, 1893, put his sieoature
and the great broad zeal Of the nation to paper
ing Richard O'Brien, William Eaton, and James Lean
der Caheart, with foil power to negotiate with the
Bey and Regency OF Tunis alterations 10 certain trea
ty made in the year 1907, by Joseph Famin who call,
himself French merchant residing at Tunis, and
Charge dAfaires of The United States" These gem
a a o. lFeafu he IL