Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-02-21
DEBATE IN THE SENATE
ON MIR. VAN BUREN,S NOMINdTION
REMARKS OF GEN. SMITH.

Mr.. PREsIDErT-I have said chat the Sc.
cretary OF State is not responsible for ms ruIt
Ions given by order of the President, THAT
| the President is the only responsible person
KNOWN TO THE Contribution. In England a
greeebly to Its Constitution, the King can do no
wrong, and his advisers held responsible to
Parliament. Our Constitution is different as |
understand it The law which created the State
department III 1889. is that under which every
Secretary has acted and must continue to act
This law says, "The Secretary for +, reign At
fairs shall perform and execute such duties as
sh" IL from time to time be enjoined on, or en-
trusted to him, by THE PRESIDENT of the u.
States, (agreeably to the Constltution) relative
to correspondences, commissions or instructions
to or with Public Ministers or Consuls from the
United States, or to negotiate with public Mi
nlsters from foreign States or Princes, and fur
thermore, that the said principal officer as Secre.
tary of State, shall conduct the business of said
Department, III such manner as the President of
the United States shall, from time to time, COR
DER" or ''INsTRUcT."
Such, Mr.. President is the law. The Score.
tary can do no act without the DIRECTION of the
President, and whatever he directs, If agreeable
to the Constitution, the Secretary under the
oath he takes, must perform What is the oath,
"Well and faithfully to execute the trust COM
mtted to him - What is that trust? Obedience
to the instructions of the President in all cases
where the Constitution is not to be violated.
l have, MIR. President, been thirty nine years
IN Congress, and this is the first occasion
have ever heard of any other construction 81
KIoUsIY urged than THAT the insi ructions OIL
ven TO Ministers abroad are THE ACT OF THE
PRESIDENT" All the instructions | remember
commence thus-"I AN instructed by the Presi-
dent to give you the following views, &c. &c.
or words TO that effect. | well remember case
IN point which TRANSFERRED while | was in Goa
gress more than thirty years past. | was called
from my seat by the Secretary of the Navy:
He asked me what the House of Representatives
were dong. replied that they were discuss
ing the Report of Mr.. Pickering. DO the
House consider it as the Report of the Pres-
dent or the Secretary of State? 1t is consider
ed as the act of the President who sent it, and
how could 1t otherwise be considered? | come
said the Secretary, from Mr.. Adams, to request
you to say, that he disavows it, and trusts that
the House will consider it the act of MIR.
Pickering, and not as his Mr.. A adams 81 act.
| returned into the House of Representatives, and
in the debate, took occasion to comment upon
the Report, severely the Report reflect
ed Upon Mr.. Gerry for remaning IN France.
! was called to order three times. | then asked
the Speaker in what respect / was out of ORDER
He replied "you must consider the Report as the
act of the President; for the Executive had made
1T his by sending it to the House," answered that
the President disavowed it, and therefore | could
not treat the Report as the Presidents. / took my
seat. An appeal from the Speakers decision was
had and the vote of the House sustained by the
opinion of the Speaker, by large majority; thus
establishing, that the President ,yns Tesp0usibIc
and not the Secretary, for acts done under his au
thOrty. In the case before us, the President gave
his dircctions-the instructions put into form
by the Secretary-the President read and approved
| them, and they delivered to Mr.. McLane.-
! How do we know but that the paragraph which has
offended the delicate scnsibililies of gentlemen had
been actually dictated by the President. | do not
think it at all improbable, and fso is it OF an act
gross injustice to make Mr. Van Buren, responsible
for it? The paragraphs so frequently alluded to in
debate, are substantially true. ! admit, they might
as well have been omitted. Some one has SAID
that Inc ''did not believe Gen. Jackson had cvcl
read the instructions" Little does that Senator
know the President if Inc believes so. | can assure
that Senator that the President read, and carefully
too, the instructions Of Mr.. McIanc and s1,s= ovct
| of them.z | wish that Senator would cOnvers,
with the President upon any of our national affairs
and he will certainly find that the President is a.
| well, and might say better, informed than him
self, on any thing done in any, all, of the De
partments and on all matters relating 20 foreign
affairs. Al least, have found him so;-n all mat
tiers, as well, and in some, much better, informed
than am. Ue is known by his friends to be par
tcularly well informed, in every thing that relate
to our foreign relations.
A Senator fro:h Maine, (Mr. Holmes) has SAID
that "Mr. McLane was sent TO bow and cring
at the feet of the British Minister" That Senate
knows little of Mr.. McLano! What! native o
America, the Of distinguished officer of tn
Revolution, bow and cringo at the feet of an.
mani | can assure that Senator that MIR. Nc
Lane is not made of such plant materials. Nc
, Sir; Mr.. McLanc came TO the point at once. III
asked for 1eh0t rigM. lie set up sill
PrefcnSiohs. lie frankly demanded what his cOu
try required. The Ministry tried to avoid Il nc
gotiation as they did with Mr. GuIlatin. But, Sill
r his frmncss aud frankncss conquered the roluc
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