Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-15

prudent mother Eve from the side of his lord and
master, and therefore may very properly be iden,;
fed with him. So, too, if the Pope wishes TO spnd
amlnster plen.potentiary other negotiation tn onv
OF the Catholic Princess his beloved children as !,
would be quite unSecmly for the holy father fyboso
wishes must be commands 20 them i to send To thor,
any officer, whose very title imports negotiation. his
minister upon such occasions is styled Nuncio +,
mere messenger, deputed TO bear the will of the fl,
Their TO these his dutiful children, which will 70 bo
observed needs but to be known. Now as this Pc
public is mere artificial body; and as around and
within 1t there are many who constantly DISTINGUISH
the President as their Great Father it would mt
require much ingenuity to find out some similtuda
between his office and that of the Pope Then rs
the constitution says not word about Locates mr.
Nuncos, all that Is necessary to attain the desired
end, would be to .ll the blank in the Cop1missop
with such words: when, according, TO this argnmen,
of the Senator from Illinois, the President alone
would so acquire power, to DO The very act which he
Is forbidden to do if this blank filed by the pro-
per name.
There Mr. Kane interrupted MIR Tazewell. obser-
wing he mad not meant TO say, that the mere change
OF name of any public minister, would authorize
tue PRESIDENT to appoint but hat he had said
.nese commissioners We're not public ministers at ALL
iney were secret ministers or Private Agents; like
Ihose formerly sent to South America the persons
frequently sent with dispatches. The appointment
OF none ofthese had been submitte to the Sen
ate' but was always made by the President alone,
because sush appointments not specially proyi-
| ded tor IN the Constitution
thank The gentleman for this correction | really
had no idea that 1t was his purpose 10 draw distnc
tlon between Pu6ttc and secret ministers. NV i'm
preston was, that his distinction was RIM betweep
public Ministers and these Commissioners who wern
not supposed to be public ministers, because thev
were not so called and about to show that the
officers were the same. although their denomination
was different. However, the Senator from Illinois
has relieved me from this trouble. Let me then en-
qnre, whether his actual argument Is more conclu.
siVe, than that which L had supposed him to have
| used9
And first, sir, let me ask my friend from Illinois.
II these Commissioners were not public but secret
MINISTER'S according to his of these latter words
whence the President and Senate together much
less the President alone, derive the right to
point them? The Constitution gives to the President
the power to nominate, and by and with the advice
and consent of the Senate to appoint public minis
ters: but it would be difficult believe to find any
authority in it, to appoint secret ministers who should
not be public ministers, il would be to conceive
the idea OF pT1UGte agent, appointed perform the
public daily of negotiating Treaty, which when
ratified declared to be hesupreme law ofour land
i pray we may not confomd the character of the
minister, with that of the duty conferred upon him.
or with the mode in which he NAV be directed to
perform this duty Doubtless, under that provision
OF the Constitution which authorizes the appoint
ment OF public ministers, the President by and
with the advice and consent of the Senate, may an
point such ministers secretly They may he instruc
ted to depart secretly. They may be aocrediLed
secretly They may negociate las they generally do
secretly Nay, they may conclude q secret Treati
which need nos be made known, until fit occasion
arse to give 1t the effect OF law by promulg
In THIS sense such ministers may properly be termed
! secret ministers: but they nevertheless z,uJG
MINISTER'S Because they are the ministers of the
public, commissioned by it's Government authorized
to perform its BUSINESS and accountable to the public
tor ali their acts and omissions under their commits
sion. In word, ssir they are public mlnlst ers
secretly appointed, and with secret instructions, Blu
they differ in nothing else from all other public minis
tiers, In as much as their commissions are precisely
the same IN both cases-Any other idea than thi:
would present subject here Of quite as much mir,h
as the comic scene of Sheridan, in which be des-
crbes secret conference of two British ministers
in the presence and hearing of the cennels at bu-
ry fort when tells to he other as profound secret
what he declares the other knew before. secret
agent created by letters patent under the great seal
given to him TO be shewn, and addressed to Gil whom
it may concern. This, sir, would far surpass the
sarcastic irony Of the author of The Critic
| Let me not be misunderstood | do not mean to
doubt the power of the President to appoint secret
agents when and how be pleases; do | mean tc
advance any claim the part of the Senate, par
tlcpate IN the exercise OF any such power. AS a sim
pie individual, would hUmby suggest to him, if
might be permitted so to d. that whenever he stands
in need OF secret agents who really designed t
be such, he had better abstain from putting his OWL
name to the warrant given TO them, and never II
permit IT to be authenticated by the great SEAL Suci
q proceeding may sometimes prove hazardous; and
think would not be very creditabe to the Natior
whose seal it is But a Senator, do claim 70
the Senate, in the language of the Constitution, thu
right of advising and consentlng to the appointment
OF any and every officer Of the United States NJ
matter what may be his name, what his duties, o
how he may be instructed to perform them. And
is only because secret agents are not officers of thu
United States, but the agents of the President
or OF his Secretaries; or Of his military or nava
commanders, that disclam all participation in thei
appointment.
To be continued
! Surf AGAINST CHARLES Kit may be recollsc.
ted that months since, soon after the arrival o
Charles X in Edinburg, a suit was commenced