The Northern star, and constitutionalist. [volume] (Warren, R.I.) 1834-1837, 1836-01-23

course which The ame pdmeM introduced
by the Chamber Of Deputies has pointed
out to the Government such Is the course
which the Government intended TO have
pursued now il the laws had not made it a
duty.
Nevertheless, il is against this course,
so simple and so reasonable, that M. Liv-
ingston seems 10 wish to protest against
beforehand.
vi. Livingston fully admiis, in his note
of the 9Th Of April, the right of Foreign
Governments to take proper exceptions to
the acts and language. Of the Government
which he represents.
"Should the President" he observes,
" do an official executive act affecting q
foreign power, or use exceptionabIe Ian
guage in addressing it through his Minis
ter, or through theirs, or should law be
passed injurious to the dignity of another
nation, in all those and other similar ca
ses, demand for explanation would be
respectfully received and answered in the
manner that justice and regard to the
dignity of the complaining nation would
require"
Bnt he maintains that those principles,
the wisdom Of which is evident, are not
applicable to an act by which the Presi-
dent, sole representative Of the nation, to-
wards foreign powers, gives to Congress
an account Of the situation Of foreign rela-
tions.
''The utmost freedom" says Mr.. Livingston,
=" the utmost freedom from all restraint in the de-
tails in which he is obliged TO enter. of information
al concerns, and Of the measures in relation TO
them. is essential to the proper performance Of
this important part Of his functions. lie must ex-
ercse them without having continually before him
the fear Of offending the susceptibility Of the pow
ers. whose conduct he is obliged to notice."
=" Were any foreign power" continues VI. Liv-
ingston, permitted to scan the communications Of
The Executive, their complaints, whether real or
affected, would involve the whole country in con.
tlnued controversies for, the right being admitted
Il would be duty to exercise it, by demanding a
disavowal OF every Phrase they might deem often
sive, and an explanation every word TO which,
an improper Interpretation would be given. The
principle, therefore, has been adopted that no for
eisn power has right TO ask for explanations for
any thing that the President in the exercise of his
functions, thinks proper TO communicate to Con-
gross. or OF any course no may advise them to pur-
sue."
We cannot, Sir. admit such principle we
cannot acmit 1t, at least. without condition of lin
1t, In an absolute, general, and peremptory sense.
1t does not depend upon nation, from the
mere fact Of its having odopted such or such a
form Of Government, to acquire with regard 10
their foreign powers, more rights than it would
have had, TO arrogate IN itself other rights than
those 1t would have enjoyed under any other form
Of government "..'
Nations are free to choose, without any con-
sraint, the Government thoy please prec isely for
this reason and under this sondton-that such a
choice concerns them exclusively, and that what
ever that choice might be. it cannot effect the
rights or njure the legitimate interests of other ma.
tions.
Now, il is the acknowledged right of ever,
Government. when the legal representative, when
me oihc'al organ OF another Government exprssse,
himself publicly In reference to il, in language
which IS deemed offensive, 10 demand an cxplana.
ton oft Such a right the Constitution of the U.
nned States can neither abolish. modify. nor re-
strict. Is an international right (un iroit in
ternafionaL) Ii suits the people Of the United
States to divide the power Of the Union between q
President and Congress- Be il SO. Il suit
them to obige the President to give publicity I,
Congress an account Of the state of Foreign Rela
tons : Their right is unquestionable. But tha
the President Of the United States, the official or
gan, the legal representative of the Union TO
words foreign nations, thereby acquires the righ
to press himself publicly upon foreign Govorn.
ments in languages offensive to those Governments
That he should. IN asserting the liberty the free
dom necessary for such communications, dispers
himself with all reserve in his language, and will
all responsibility towards the power whom thu
language concerns that is what we cannot nd
nit.
lrresponsibility, (OPinviolabhife) whether j. re-
lates TO persons, to acts, or 10 words irresponsi
biy, where il is legally established, Is a purel,
internal regulation, and can never be used az ar
gument in the intercourse which Government
held with such others. If it were other wise, an,
if we were disposed, after the example of NJ. Liv
lngston to carry the argument to its extreme con
sequences, il might be maintained that the Presi
ldent ofthe United States has the right, provided
II be in message to Congress, to impute pubhci,
10 foreign governments und foreign nations, the
most odlous acts, the most perverse intentions, Il
hold them up publicly to the unimadyersion O
the world, without those governments or nations
having the right TO manifest the slightest resent
ment, since according to this very strange doctrine
they would not even be allowed 10 take offcia
notice Of it.
10 state such doctrine is to refute il.
However, we don't wish to exage rate
any thing. M. Livingston is perfectly
right when he says that the cause he sup
ports is, in general sense, common to
all iree countries, that all governments
founded on the division of power, and on
the publicity Of debates, have an interest
IN repell'ng on the part Of foreign powers
any interference with communication
which tho Prince and his Ministers il,
constitutional monarchies, and in repub-
lies the magistrates intrusted with the ex.
ecuiive power, are called upon to make to
the legislatures und this is the reason