Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1832-03-08
DEBATE IN THE SENATE ON
MIR. VAN BUREN'S NOMINATION,
CONTINUED,
REMARKS OF MIR CLAY,
of Kentucky.

Mr.. Clay, lin reply to Mr.. Forsyth and
other gcniIcmen,) observed, that doc
'trine had been advanced much more inn
portant in its consequences, than the
nomination under consideration. it had
been maintained, that the instructions,
so often adverted TO, were the PreSideaPs 5
instructions; that he alone vas response
bic fot them; and that the Secretary of
State stood in no manner amensble on
account Of them This doctrine was di-
rectly at war withthe genius Of all our
institutions, which suppose every public
lunctionary to be responsible for every
official act he performs This response
biity runs through our entire system, and
attaches to every officer Of the govern
ment, from the highest to the lowest
If the President sanctions instructions,
emanating from the Department Of State,
undoubtedly he a!-o is responsible for
them; but this cannot screen the Secre-
tary of State from his share ofthc rcspon-
sibility. Is not Secretary of State i'm
peachable under the Constitution? Sup
pose he is guilty of "trcason, bribery, or
other high crimes and msdemeanors,"
could he not be impeached by the House
of Representatives, tried and convicted? I?
And would it be any defence that the
crime was committed by the command of
the President? If he is directed to per-
form an act forbidden by law, or repug-
nant to the national honor, he can with
hold his signature, and surrender the
seals of Office. 1t is remarkable, that It
appears there were no Cabinet consulta-
tions when these instructions were CIV
en-, and, consequently, MIR. Van Buren's
responsibility was greater j have been
asked if | considered myself liable for the
Instructions which | gave, in conformity
with the directions of the President, when
! was in the Department of State. Most
certainly. never gave an instruction,
or prepared diplomatic note, without q
full consciousness of the responsibility
under which | acted.
1t has been argued that the real cause
of the objection to this nomination is the
modification which is felt at the success
of this administration in recovering the
colonial trade, and its general success IN
the management of our foreign affairs,
when contrastcd with the previous ad-
ministration. With respect to the value
of the colonial trade, under the arrange
mcnt~ which has been made, and its et-
fects upon our navigation and commerce,
/ hope that all opportunity for an ample
discussion of them will occur, when 1t
will not be difficult to show that what has
been done is decidedly more disadvanta-
geous to us than the previous state OF
that trade. But what is the arrange
mcnt? There is no treaty, no compact,
nothing obligatory upon Great Britain
The operation of an act of the British
Parliament has been simply extended to
our intercourse with the British colonies.
What we have gotten proceeds from the
breath of British Parliament, and the
same breath can take it away, whenev-
er they please. Let us look at the 9th
er vauntcd instances of the diplomacy OF
this administration. The residue OF our
claims on Denmark, for which indemnity
was not obtained under the late admins
tration, have been satisfied. But MIR.
Wheaton was engaged in negotiations
respecting them prior to the termination
of that administration. "A treaty is un-
derstood to have been made with Iur'
key. But the information which led tc
the negotiation was procured during the
late administration, which had actually
commenced n negotiation, and would II
all probability have conducted it to sue
cessful conclusion, if it had remained ir
power. A treaty had been signed and
concluded with Austria by the present
administration. But that treaty, be-
licve word for word, was negotiated and
prepared for signature by the Austrian
Minister and myself A day had over
been appointed to proceed to the sigma
ture, when the caution of the Austrian
minister prompted him to refer the trca
ty TO his Government for its appreciation
The French treaty, providing for the sat
isfaction of the claims Ct our citizens or
France, has been concluded during thi
administration; but the whole worlc
knows that it has proceeded from a lortu
nate coniuncturc. If it had not been TO
the revolution of July, we should proba
bly, not have obtained the treaty.
Now, under the last administration lc
us sec what was done. 1t concluded a
Washington treaties with Guatemala
Denmark, and the lIanseatic cities, ioun
dcd on the most liberal principles, ant
forming models for future treaties. i
made treaties abroad with England an'
the Emperor of Brazils, with Sweden an'
with Mexico, the latter of which remain
cd to be ratified by the Mexican Rcpub
lie. 1t adjusted the difficult subject will
England relating 70 satisfaction for slaves