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


Them for This Is the las, treaty with any
the p protesting the Mahometan faith prior to the
one that has given rise to this discussion. Aud n
formio this the President with stronger reason, fol
secrecy Than any OF his predecessors had, has only
far as be has gone followed their BIZ
own and their constr vction Of the Constitution ant
exercised power that had not for forty years beer
universally acknowledged to DO legitimate. bring
the acquiescence down 10 this moment, because ths
questions raised on the Panama mission not those
to which this transaction gives rise. Then the OBJ
-cton was to an appointments a peculiar nature
IA mission. not to a particular Power, but to
Congress Of Powers; was not supposed to be strict
ly diplomatic; our agents, It was feared, were to
act deputies 10 confederative Government rather
than Ministers. And to this was added the diff
Guilty. at that time frs, raised, 10 the power Of creating
anew mission in the recese; here how ever, the first
objection canno, APPLY, and the previous appointment
by Mr.. Adams takes away the second. The objection
then to the making treaty by secret agents, whose
nomination lie not sent to the Senate, is repeat
new objection made to an etabi'hsd and, as believe
perfectly constitutional prast ce. The objection is
new, but it may yet be we'll founded, although can.
no, perceive its force and not perc swing il, must be
permitted to think It passing strange that before
occurred to single individual who has over express
cd his opinion on the subject as far my limited in-
formation goes.
There are Two other Presidents, whose acts and
opinions this subject we have TO examine i'm order
TO complete the series.
Ga Mr.. Monroe's accession to the Presidency he
fsund our peace secured with tho BArbary Pow.
ers; no had, therefore, no commssioners 10 ap-
|
The Department OF State, in those which had been
by Mr.. Madison; and we may, therefore, fairly sup
pose, that, the occasion had offered, he would have
followed the Same course. But, during his adminsira.
lions and that Of his successor, found
in the exercise Of the consu ona right of max
ing treaties, to employ other agents than Ambassa
doris or public Minister'S to form treaties tn Euro
pean and Christian Powers, had been formerly done
with the Mahometan States of africa. Diff. 90 had
existed ever since the treaty of 1902, with SPAIN moi,
only of boundary, but on account of claims 10 a
nj tha VI. liz.
between the United States aud Mexico, would
take from add to our territory ian extent suf.
heeot for the establishment Of several States
Aud The acquisition OF Florida had always been con,id
cred as matter OF primary Importance. IL, then the
magnitude AID Importance OF the objects; il the rank
and dignity Of the party required that the egaion
should be conducted by public Ministers and thst their
appointment should be confirmed by the Senate, here
the Here even the plea of the recess
For during the session OF Congress, in lSIS-I9 Mr.
Monroe gave 10 Mr.. Adams penipotentiary movers IN
treat with the Minister OF Spain, and make a settle
ment OF all these important matters. He gave thes.
powers by commission under the grsat seal. He ne
YER communicated the appointment 10 the Senate
although they were in session. The nsgotiaton was
carried on In the very place where they sat,
and concluded before they adjourned by
treaty which purchased the two Flordas; settled our
boundary, by abandoning claims 10 the immense
extent of country between the Rio del Norte and the
Sabine; and made charge our treasury OF FIVE mil
lions of dollars. Yet sir, this treaty ratified by
the Senate, and word of reprobation not an ac
cent OF doubt uttered 10 the rreguarty of the COM
mission by which ii negotiated; and both Houses
concurred in passing laws for carrying it into execu
ton
Again: when Mr. Adams came to the Presidency.
he, in like manner, in the year 1926, commissioned
MIR. Clay TO treat of and conclude treaty OF commerce
and navigation with the Minister of Denmark which
treaty was signed on the 26th April in the same year.
during the sitting Of the Senate, and in like manner
ratified by them, although the appointment of Mr.
Clay was never made known to the Senate, and of
course was not confirmed by them. And We sir we
mo hear aLa
these denunciations-we have ratified a treaty. made
with one of the greatest powers of Christendom, by
Plenpotentary commissioned under the great SEAL
whose appointment was sanctioned or sent
to the Senate for its advice; and that too, a Power
with which before had no diplomatic inter.
course-wi'h Ausra-made by the present Seere
larry OF State under special appointment by the Pres,
ldent Should IL be said that this practice OF employ
ing special Minister homo to make treaties
with foreign power,s Of modern date; that ii does
not, like the Of the Mediterranean commissions
run back TO the early part of our diplomatic history
would answer that this, too, 10 error and that my
conjunction 10 sanctioned in this also by the practice
OF Washington. As early the year 1896, some doubts
having arisen as to the operation OF the third article of
MIR. jays treaty, MIR. Pickering was commissioned 10
negotiate an explanatory article, which wa, agreed TO-
submitted to the Senate, and ratified without any nom
nation OF the negotiator to the Senate.
Now, sir does not this uniform, this unqu eslioned
practice, carried through every Presidency from that
OF the Father OF the Country to that Of the present in
cumbent-is it not strongly persuasive Of The correct
ness OF that construction which gives 10 the President
the power 10 make treaties whenever he may deem IL
expsdien by special agent, instead OF public Min.
sterto give full powers under the great SEAL to such
special agent, and 10 omit nominating him to the Sem
ate when he thinks properl Will il be said that the
instances have last mentioned do not apply because
the Secretary OF State the AGENT But he was the
agent only by the special commission, given 10 him
by the Presdent-a commission, without which he
could not have acted which, his full power he was
obliged to interchange with the Minister with whom
he treated, before the negotiation could begin. IT, as
Secretary OF State, the duty could have been done
mere instTuciol IS would have suite ed-no commi. sion
would have been necessary. But n every instance,
commissions were delivered, in the same FORM as to
powers. that are used for Ministers going abroad.
The President might have selected any other indi-
vidual and the is strongly point as il he had
VIII the gentleman point out the dife- ence between
these cases which he, jointly with all Of us, has an
proved and that which he violently repro bates?
III the Presdent may appoint special agent to make
treaty with na'ion with whom had none be.
f>-e without submitting the nomination TO the Senate
iii he may make such appointment for a neeotia-
ton here, he no, make similar appointment for
negotiation to be carried in CODstantnople? III the
latter is forbidden, where is the clause that
the former! If the former legal where lie the clause
that excludes the latter' Are not both exercised I'M
der the same constitutional authority, Why, then
sanction the and denounce the oiher?-I appears
to me that satisfactory to these queries would
be difcult, even to the nge nuity of the rover Of
the amendmen and that IL would be some what diff
cult for him to show that there is any ono Of the in.
conveniences and dangers which he appre hends from
the appointment OF Commissioners, with full powers,
going TO foreign country, that does attach
gociations by special agents at home Bn, these dan
gers are imaginary In both cases. Nothing either of
them can DO has any force until wesanction IL. And
IN requiring The OF two thirds of the Senate
thought they might safely trust the discretion Of the
President in selecting the agents for ma king H.