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

4 The 6r error here 10 Of fact: This vas not
now mission: Commodore Crane aud Mr.. Offisy were
sent by Mr. ADAM. Tor the same purpose, the same
Cour: They had effected nothing. and new commits.
lion was Instituted. con ,s,inx Of Mr.. Rhind, Commo
dore Biddle, and Mr.. Oflsy. Here was then vacan
cy If that should be required-a vacancy created BY
ovoking tho powers Of one set Of sgents and giving
them to others; and il vacancy, then, according ,e
the mos, scrupuou., light in the President to li H.
The next error partly Of fact-pary Of cons,ruc
ton 1t consis,. in giving to those Commi soners The
app .ati OF public Ministers, and thus bringing
the within the ptovso Of the Constitution, which d.
tects that such officers shall be appointed with tho ad
vice aud con,ent Of the Senate.
The distinction that made by the Senator from
Illinois. end ported by reference high auihori-
ty on the Law Of Nations did not make upon the
gentleman from Virginia the impression seemed do
,inction. that which he thus urged betwesn public
Min,ter and secret agen'. IL to DO thought
that the nature and style Of the mission s to be de-
termined by the manner in which the powers are
Acknowledgement by The character given ia those
Pwer Sir, there are Grades in diplomacy which give
dnerent rank and privieges-from an Ambassador to
secret agent The lowest OF these may have, for the
purpose Of binding the party he rspr. son,s, the
powers that are usually vested in the highest. A
Charge dAf.ires may be ordered to make treaty, or
to compliment sovereign on his accession; but he is
neither more nor less Than Charge dAfaires-so the
same ac's may DO dono by secret agent, having no
| public diplomatic character.
Ambassador. and other public ministers are directed
70 De appointed by The PRECEDENT, by and with the ad
vice and consent of ito Senate; bscsuse public mis-
sions required no secrecy although their instructions
might Blu, the trainers Of The Constitution know the
necessity otsmi.sons, OF which not only the object
but the exi,tence ,houd tie kept secret They there
fore wisely made the cooper alton Of the Senate uit
maseiy necessary In the first napce, but left the APP
| pointm. nj solely to the President In the last.
In the very instance before u.s. IL thu preceding ef
forts to form treaty should have failed from too great
publicity being given to a mission intended 10 be
kept secret; ii II should have be defeated by the in
reference OF other powers; and II whatever success
the present attempt has bad, might be attributed to the
secrecy with which the principal agent left The United
aies, and the ignorance OF his object which preyaled
among the Ministers Of other powers at Constantine.
ple-f !, should turn ut tina, these things were So
would they not form strong proofs OF the utility of the
distinction between these different kinds of agencies.
the public by means OF public aeknowe ged minister's
the private, by agents specially authorised TO perform
certain act, unknown TO all but those with whom
they treai!
But faul, is fOunl with the manner in which these
agents were constituted. Their powers il is sad were
under the broad seal OF the United States certified by
the signature Of the President. This broad SEAL or
great seal, as is alternately called, makes great
figure in the argument. Let the President, saws the
Senator, send his agents, his messerg gers his spies
where he plea'es, let them be kicked aud euffed BY
the authorities to which they go; he cares not But
the broad seal, the great SEAL should never be pro-
ianed to such vile uses. Now sir, am not quite so
| indifferent about the usage agents may receive
whether they ed under the great or the
little seal, or by seal at ALL But should be glad
10 know in what IN inner President s TO signify 10
foreign State his confidence in the az ent he EMPLOYS
OF powers WIN wnIth he chooses invest him.
any other manner than by his 10 those pow
ere, and the addition OF the seal of the United States
which authen,icates il. To deny tho use of these
proofs OF the commission given such agents. to say
that they shall not be employed, because thew can
transact no business with foreign Power without
the usual proofs of their mission But the re hit to en-
Ploy them abundanty proved by the laws of nations
aud asI shall show, by the Constitution and uniform
practice under IL therefore the of The seal makes
no difference In the nature Of the mission They are
private agents for the transaction OF the business Of the
nation; pubc s, in one sense, the of secret
but in another means what apperains the nation
and In this accep,aon there is conounding of terms
by saying that secret agent may be appointed 10
ranss public business The commissioners 10 the Por,e
were such cret agent; their commission though n
gave them plenp ntentiary powers for nations al pur-
pose, was secret agency, and the President un.
der no necessity to nominate them to the Senate; il
would have been act OF imprudence IL he had done
'o and the treaty would mos, probably have failed.
Sir, should be the last man who would impute TO
any honorable member OF this body the ndiscreton Of
dvulgng any thing con dentially committed to u.s.
But put to tho Senator who told how safely all
negotiations might be entrusted to it's management t
whether he ever knew any important subject of our
CONFIDENTIAL debates that not FIRST whispered about
In the taverns Of the city, and afterwards alluded
to n the public papers, The very subject before us
an instance OF what say-the injunction of secrecy
not removed, and yet provisions, hch il Is suppos
ed that treaty contains, are common topic Of dis
cusson as II had been published; nay in the warmth
OF debate, here with open doors-but, sir, will per
sue that subject no further, lest might in nv own
conduct afford proof of what assert. Suffer me 10
repeat, that 1t ever there justification for the
employment OF secret agency, the circumstances of
this case 2fford it, fever there was case in which
the difficulty OF combining to these walls what passes
within them when our doors shut-,his is that ease
Grant that these were secret agens and not public
Minister'S: II is said, with triumphant tone, show the
power OF tie President to appoint them. Sir will do
ths, so that every unbelievng political apostle who
uouos may not only hear and see but shall Law his fin.
ger on the clause. 1t is found 10 the express uneou-
vocal authority given to the President TO make trea-
UeS III under this he himself ahouid NAL n
treaty with foreign Minister and submit il to the
Senate, could IL be objected being unconstituton
ally negotiated! Sarely not by those who contend for
| literal contradictions But has denied that he
may do II aso by others-must su ch others he amb,s.
sailors or public Ministers? Where is the clause that
restricts him to such agents! We have seen, that by
poyed under the title OF secret agents What title
IN the Constitution, what forced construction of any
word u contains, can be made 10 show that ne NAV
not make choice OF them when he deems IL expedi-
enE There Is meme. The power to make treaties 4,
glven, and with II the power TO employ all proper
means TO effect il! secret agents at times proper
means, and therefore he may poy them therefore
he must employ them whenever he thinks publicity
would endaDger the failure OF his object. Now sir
let US see whether practical construction in eyery
thing eonformabs to the principles have laid down
mas not been pursued, and from what period A uni.
form practice in conformity with any particular con.
srsciion, is always strong evidence that its FIRST con.
shuc'on Is correct; applied to our Constitution IL is
particularly persuasive, IL ii under the manage
inent OF those who framed the instrument, and bes
Knew its nteni AMI IL becomes almost conclusive II
me practice has been uninterrupted and un que sone
Az 'nese eharas'efi'tics, unless greatly deceive N.Y.
SELF will be found 10 the of acts IN vvbicb
now invite the attention OF the Senate.
The practice Of appointing secret agents is roevaI
Wlth our existence nation, and goes bsvond IN,