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[FEB. 25, 1831.
Senate does know, and no doubt the House will so far and, shortly after, the liberty of navigating it was success-
Spanish. The services rendered by the commissioners had been In 1817, 1925 vessels entered the port of Odessa alone: slightly spoken of. Some supposed that a treaty with 480 Russian, 188 Austrian, 154 English, 43 French, 18 Turkey was of no consequence, since the treaty of Adri- Spanish, 49 Swedish, 31 Sardinian, 65 Turkish, 7 Danish, anople between Russia and Turkey had opened the chan. 7 Neapolitan, 2 Sicilian, and 881 Russian, engaged in the nel into the Black Sea to all nations. It was true, that, by coasting trade. In the same year, 400 entered the port the stipulations of that treaty, the Turks bound themselves of Taganrog. In 1808, there was an importation at Odessa to Russia to admit all Powers at peace with the Ottoman of 33,131 bales of cotton. In 1817, the freight of a single Porte into the Black Sea; and Russia was expressly autho- article of commerce, wheat, shipped to Leghorn from the rized to consider a disregard of that stipulation as just Black Sea, amounted to $1,350,000. All these facts recause of war. Still the treaty of Adrianople, dependent,lated to the Russian dominions: when it was taken into as it is, upon the continuance of peace between Russia view that the Turkish dominions on the borders of the and Turkey, gave the United States no claim upon Tur- Euxine included large cities, with a population exceeding key to a free passage through the canal of Constantinople : 260,000 souls, standing on the borders of rich settlements, in fact, Americans who ventured into the golden horn one of them, Trebisond, in the direct line of intercourse were not permitted to pass through the Black Sea. No with the Persian Gulf, it might be fairly concluded that doubt the Government might have solicited from the En- the owners of our ships would find, if true to themselves, peror of Russia his interference to secure the observance profitable employment for their now almost useless proof the treaty made with him. His answer would certainly (perty. The prospect of present advantage was nothing have been, I wish you to have a commerce with all my when compared to that which might be anticipated heredominions; but at present I cannot prudently go to war after. The Black Sea had been, at more than one cra, to compel the Turks to fulfil this engagement. When the heart of an active and lucrative industry. Prior to the ever circumstances permit, I shall recollect and punish establishment of the Ottoman empire, its waves had been this disregard of the promises made to me. Was it not ploughed by the keels of all commercial nations. Its better to procure from the Ottoman Porte itself the right shores had been studded with populous and prosperous to a participation of the commerce of the Black Seama cities, and'with productive settlements. Under the power right which would be independent of the state of war or of Russian despotism, which is operating as the genius of peace with Russia, than thus to have solicited the exertion civilization in that portion of the globe, it is again becomof Russian power for our benefit? The treaty of Adriano-ing the centre of attraction to commercial enterprise. ple, without doubt, facilitated our success. That our The Russian dominions, from the mouths of the Danube object could not have been reached without a treaty, is to the ports of St. Nicholas, south of the Phasis or Rione, certain. We know that, under the Turkish construction are advancing in population and wealth with a rapidity of the treaty of Adrianople, nations not having treaties unexampled in the history of the old world, and rivalled with Turkey are not admitted into the Black Sea--that only by the almost incredible progress of our own country. nations having commercial treaties, sir the treaty of Sanguine tempers might be deceived in their estimate of Adrianople, have sought admission under the protection the benefits to the country to be derived now or hereafter of the promise to Russia, and that it has been refused; the from this successful effort at negotiation. Mr. F. believed answer made to both was, the engagement made with the country would applaud those who had made it, Russia does not alter our treaties with other Powers. The should the hopes of profit be disappointed, realized, or honorable Senator from Virginia on bis right [Mr. TAZE- exceeded. WELL) had spoken of the inconsiderable benefits likely to Mr. F. could not dismiss the subject of this appropriaarise out of the commerce to the Turkish and Russian tion, without again remonstrating on the course of the settlements on the Black Sea. There was no recent infor- Senators from Virginia; against the unusual—the antimation on which a certain calculation could be made of American substitution of the irresponsible for the responthe benefits that would probably result to the country sible. There was no head too high, no bosom too sacred, from this negotiation. The commercial community would, to be reached by the stroke of patriotism, if justice deas the most intelligent merchants believed, profit by it. manded the blow. Mr. F. spoke not to shield individuals; The navigating interests certainly would, unless the owners he remonstrated against the erroneous and dangerous of ships bud lost their ancient skill and enterprise. In the principle acted upon, from public considerations. It was present depressed condition of the navigating interest, not Virginia. He deprecated it for the honor of the Anperishing under the paralyzing influence of our internal cient Dominion, from whose soil he sprung; for he, too, policy, the administration had done its duty in looking to was a Virginian. Virginia had heretofore struck at the our external policy for its relief. Mr. F. had, with some loftiestobjects; the lightning of her indignation had shiverdiligence, sought for accurate information. Althoughı hised the gnarled oak-had not glided through its branches labor had not been as well rewarded as he could have to blast the saplings that grew around its noble trunk. wished, he had yet collected some facts, gleaned from the The Chief Magistrate and his Secretaries stand upon their history of past years, which would afford gentlemen the respective responsibilities; let them be judged by facts, means of approaching the truth in making an estimate of and upon facts only; and each in his respective sphere the probable benefits of a free commerce into the Black was ready to receive, and submit to the judgment of the Sea.
people. If any or all of them deserve condemnation, After being closed by the Turks upon all the world for let them perish; by Mr. F. they would fall upitied and near three hundred years, from 1476 to 1774, the passage, unwept. of the Black Sea was opened to Russian vessels by treaty in Mr. SMITH, of Mili, said he rose because he did not 1774. On the 25th of June, 1862, by a treaty formed at perceive that any other Senator was disposed to speak on Paris, the French flag was aclmitted into the Black Sea; the subject, and because he thought it his duty, as cbair
FEB. 25, 1831.]
man, to sustain the amendment proposed to the appropri- of the second, until this time. I consider both those ation bill by the Committee of Finance. What is that powers as admitted. They may have been mooted. I amendment? said Mr. S. Simply an appropriation to will not say they have not. If they ever had been, it has pay certain persons employed by the late President to totally escaped my recollection. My construction of the negotiate with the Ottoman Porte, in which they had been constitution is, “That ministers to foreign nations, is an nearly successful; and to pay certain other persons appoint- office created by the constitution, and not by law." The ed by the present President, who had completely suc- article says, “that the President shall have power to ceeded in making an excellent treaty with the Porte. appoint ambassadors, and other public ministers, by and Both commissions had similar powers and similar instruc- with the advice and consent of the Senate.” Again, he tions. The treaty has been confirmed by the Senate; has shall have power to fill up all vacancies that may happen been highly approved; and the question is, will you pay during the recess of the Senate. I contend that the office for the labor actually performed? An amendment has of minister is an original vacancy, and that it can be filled been offered by a Senator, [Mi'. KANE,] to apply a sum in the recess of the Senate, to any place that, in the mind fully adequate to the object in aid of the contingent fund, of the President, a minister may be required, by the exito enable the President to remunerate the parties in such gency of the case. If the Senate think that such an manner as he may think proper. Either mode will be exigency does not exist, they can reject the nomination, equally agreeable to me. All that the committee require which must be sent to it on the first session thereafter, is, that the persons employed shall be paid; and they are and this is the power of the Senate; more than that they willing to adopt the amendment proposed, as they find have not, and, in my opinion, that power is amply suffi. that amendment most approved of by the Senate. It is cient for the correction of any probable evil that might proper, however, for me to state, that the cominittee had arise from such a power. I will state a case. We have had before them both modes of remuneration, and, after never had a minister to Austria. The President might, in consideration, proposed bringing the subject before the my opinion, send, in the recess, a minister to that court. Senate in a substantive form, so that all who read might He has, I think, the power under the constitution, and we understand the object, and because they deemed it to be have the power to reject. Am I alone in this opinion? more consistent for Congress to designate what they No, sir, my learned friend from Louisiana holds the same. meant to pay to each person, than to leave to the Executive We were both fellow-laborers on the democratic side a discretion to allow what they pleased. Ta Senator from long time past, and both agree that it had been a received Georgia has shown a precedent in the case of Mr. Rodney, opinion. Have I, Mr. President, no other authority? who, it was determined by Congress, should be paid from Yes, sir, that of the great apostle of the democratic party, the contingent fund, and I acquiesced.
He gave a practical illustration of his I little thought, Mr. President, that a constitutional opinion; and, with all proper deference to the Senators question would or could have been raised upon a question of Virginia, I must think that he was as able an expounder to pay for services rendered; it has, however, and we of the constitution as those gentlemen. Mr. Madison was must meet it as best we can. Early in my political life, I then the Secretary of State, and must have concurred in asked a friend whether it was true that “Rhode Island was the act, which he did. We have all been in the habit of without a written constitution;" he answered that "it was believing that he was an expounder of the constitution, true;" that they did well under their charter from Charles; in whom we might safely trust; ard yet the Senator (Mr. and he added, “that a written constitution was like nose TAZEWEIL] has implicated Mr. Jefferson in his charge of of war, which could be moulded into a flat nose, a Ro- a violation of the constitution, by his appointment, in a man, a Grecian, or pug nose, and in like manner an recess, of Mr. Short to Russia, where no minister from the ingenious man might, he said, make the constitution of the United States had been before. He did appoint Mr. United States to mean something, nothing, any thing, or Short to Russia. This amply proves that his opinion was, every thing: We have seen that it has been made to that he had the power." Ay; but, says the Senator, mean every thing, by the construction put on the words "the Senate rejected the nomination, on the ground that * general welfare;' and the very ingenious Senator from the President had not the power. Admit it. Does that Virginia shows that he thinks that it may be made to mean contradict what I have said? No, sir; Mr. Jefferson any thing. He contends, first, that the President has not believed as I do, that he had the power, and he acted on the power to send a minister to a foreign court during the it, which is the best possible proof. But did the Senate recess of the Senate, where no minister had previously been reject it, on the ground of its being a usurpation of sent; that it is a new office which he has not the power to power? Certainly not. I was then a Senator, and know create alone; and, secondly, that the President has not that the rejection of Mr. Short was for causes and reasons the power to send a commissioner in the recess of the entirely different. The question of power may have been Senate, as a secret agent to treat with a foreign nation, incidentally mooted by some of our speakers. I will not without nominating such agent to the Senate.
trust to my memory to say that it was not. But this I can Those subjects have been ably, and, to my mind, satis- say, that, if animadverted on by any Senator, it has totally factorily discussed by the Senators from Louisiana and escaped my recollection. I think it would have made Georgia; nor would I enter on those subjects, if the Sena- such an impression on my mind, that I should not have tor from Virginia had not, in a manner very pleasing forgotten it. I repeat that it was not on the question of to me, observed, that I had been consistent in my opinion power that Mr. Short had been rejected. The first time of the constitution on the first point; evidently conveying i heard that the power was doubtod, was on the Panama the idea, by his manner, and by what he said, that I question, wlien Mr. Gore's resolutions were read. Those studied more the expediency of a measure, than the true resolutions were presented on the nomination of the commeaning of the words of the constitution. It therefore missioners sent in the ri cess, by Mr. Maclison, to make a made it incumbent on me to state my understanding of the treaty of peace with Great Britain. I was not then a points submitted by that Senator. We are all bound by Senator. Party spirit ran high at that time; and we all our oaths "to support the constitution of the United know that those resolutions were calculated for party States.” Each will, or ought to be governed by his con- purposes, merely electioneering. What was their fate science, and by his own judgment. I meddle not with Scouted by every democratic Senator as untenable, and those of that Senator, or any other; they are their own. by some of the federal Senators. I can name three. The I bottom the opinion I shall give on the powers vested in two members from Rhode Island, and one from Delaware. the President, in part, from never having heard the first And this is the only document that the Senator has prodoubted until the discussion on the Panama mission; and duced to sustain his charge against Mr. Jefferson, for a
[FEB. 25, 1831.
violation of the constitution—a simple resolution presented wrong, if he has palpably violated the sacred instrument -not acted 01--and not sustained by the Senate. It that he has sworn to support, ignorance can be no plea; died, I believe, a natural death. Against those resolu- and this excuse for him is a more violent insult than any tions, and the opinion of the Senator, I am supported by that could be offered; at least so I understand it. But, the opinion of Jefferson, Madison, my learned friend Mr. President, has there been any violation of the constifrom Louisiana, and by the conduct of other administra- tution? The Senators who have preceded me, think not, and tions, and the decision of the Senate on the Panama ques. I concur with them in opinion.' Has any President ever tion. Let the people and my constituents judge which submitted to the Senate the nomination of commissioners of us have produced the best authorities. But, on all such as those under consideration? Never: I'challenge those constitutional questions, I am the sole judge for myself
. Senators to show one solitary instance. I do not confine I rest on my oath, and as my poor judgment directs. my question to Mahometan but to christian Powers, which
The Senator has said, and truly said, that the constitu- if they cannot, (and I know they cannot,) then how can tion gives the same power to the President in the case of the Senator (Mr. TAZEWELL) charge the President, Gethe appointment of judges, as it does in that of ministers to neral Jackson, with having committed “a flagrant usurpaforeign nations. I agree that the power is exactly similar tion of power, in flagrant derogation of the powers of the in every respect. He then asks triumphantly, “will any Senate?'. How can the Senator from Virginia urge " that man say that the President could appoint in the recess as he may like the treason, therefore voted for the treaty, many judges as he might think proper?" I answer, yes, but detests the traitor.” if he had not been restrained by law. I will state a case. Mr. President, rising so late in the debate, I have found Suppose the Senate had risen without confirming the all that I mean to say taken from me by the Senators from nominations of the first judges made by General Washing- Louisiana and Georgia, and more ably certainly than I ton; there would have been presented the anomaly of laws, would have conveyed them. I may, however, be pardonwithout judges to expound and administer them. The ed for following them, and perhaps repeating after them. President is bound by the constitution to attend to the exe- It cannot be too often urged that General Jackson has cution of the laws. Without judges that duty could not pursued the precedent set him by all, or almost every one have been performed. The constitution created the office of his predecessors. The Senator from Louisiana has of judge, and, in my opinion, it would have been the duty read to you a variety of instances of commissioners who of President Washington to appoint judges in the recess, had been sent by different Presidents, treaties made by to be nominated to the Senate, at their next session, for them, and confirmed by the Senate without any nominatheir approbation or rejection. Offices recognised by the tion, and not a word lisped of its being unconstitutional: constitution or the laws must be filled by the appointment the Senate thus confirming the constitutionality of the of the President during the recess of the Senate, when power that had been exercised. The Senator from Georthe public good requires it; and the corrective of his ex-gia has produced others. One by General Washington in ercise of this power lies in the Senate's power of rejecting. 1795. In that, the power under the great seal and the “But,” said the same Senator, “we have now seven sign manual of the “Father of his Country," was given to judges; can the President appoint an eighth in the recess Mr. Ilumphreys, then a consul or minister resident (I of the Senate?"
I answer, no: because the law has esta know not which) at Lisbon to make a treaty with the Emblished the number, which he cannot exceed, and that
of Morocco. Mr. Humphreys transferred his pow. number is seven. He could not appoint an eighth either in ers to Mr. Simpson, who made a treaty which became the recess or during the session of the Senate, until the the law of the land. Was either Mr. Simpson or Mr. law is altered, and an increase of the number authorized. Humphreys ever nominated to the Senate? Never, Not
The Senator (Mr. Tazewell] has emphatically told us, a whimper of unconstitutionality. The Senate slept at not on bis opinion, but positively, peremptorily, that “the their post, and now General Washington is found by the President had committed a palpable violation of the con- Senator from Virginia to be a palpable violator of the constitution in sending commissioners in the recess to make stitution. Again, Messrs. Rodney, Bland, and Graham a treaty with the Porte, without nominating them to the were sent as commissioners to the South American States Senate, in derogation of the rights of this body.” This, christian States. Were they ever nominated to tlie Mr. President, is a grave charge against that high officer. Senate?
No, sir. The late President gave a commission What is the meaning of the word "palpable?” Johnson to Mr. Oftey and Commodore Crane, to treat with the says that one of its meanings is “plain, easily percepti- Porte. Were they ever nominated to the Senate? No, ble.” That is to say, so plain and easy to be understood, sir. So that Mr. Adams was also a violator; Mr. Jefferson, that he who reads must understand. Is it then so plain? Mr. Madison did the same. Mr. Monroe followed after, It appears that the gentlemen from New Hampshire, bou- and acted in like manner. Where were the advisers of isiana, North Carolma, and Georgia, do not find it so plain; those gentlemen. Where the advisers of Mr. Monroe? they cannot, they have said, see any violation whatever, For it is well known that he acted on full advisement of nor can 1; nor has any of all our Presidents been able to his cabinet. Where, I ask, were they all, that they did see it. For, sir, in all but one of the administrations the not prevent him from committing this presumed violence same act has been done. All the Presidents have, then, been of the constitution? Were they all asleep at their posts? violators of the constitution; the Senate also, for every We must conclude that none of them considered it a vioSenate has sanctioned the violation. And now, for the lation of power. first time, it is to be understood that it is a violation; and The Senator from Virginia said that it would be a thing it is to be charged home on Andrew Jackson, as the only unheard of, unknown to the history of the world, “that one who has committed the sacrilege. Is this fair, is it a Power at war shoull send a minister to the Power with proper? When the Senator must have known that Gen. which it was at war.” Why, Mr. President, the Senator's Jackson had pursued and acted upon the course of all his reading and mine must have been very dicerent. Mine predecessors from Washington down, as well as on his says, that there is no event more common. own opinion. The President is the only responsible offi. reading Sismondis' Italian Republics. The small States of
It will not do to go behind him to attack the Secre- Italy were in almost perpetual war with each other; and tary of State, (for I think it probable that he alone was nothing more common than the sending ministers from consulted, and he alone was the adviser.) It will not do one city to the other to treat whilst war raged between for the Senator to say that he, the President, knew little them. But, sir, I will read some recent cases, some in of the subject, and acted because he was ignorant, and which we had an interest: therefore ought to be excused. No, sir; if he has done “Preliminary articles of the treaty of peace between
I am now
FEB. 25, 1831.]
France and Great Britain, signed at Versailles, 20th Janua “ To Charles Rhind, David Omey, and James Biddle,
at the rate of four thousand five hundred dollars per an. “ The most Christian King and the King of Great Britain, num for the time that each of them was engaged in the wishing to put an end to the calamities of war, nominated said negotiation. to that effect, on the part of the former, the Count of “ For compensation to the commissioners employed on Vergennes, and, of the latter, Alioyn Fitzherbert, Esq. a former occasion for a similar purpose: minister plenipotentiary of his said Majesty the King of “ To William M. Crane and David Offey, at the rate of Great Britain, who, having communicated their full powers four thousand five hundred dollars per annum for the time in the form, have agreed upon the following preliminaries:"that each of them was engaged in the said negotiation."]
SECOND.—Preliminary articles of peace signed at Lon Mr. Tazewell had moved to strike out all the foregodon, 1st October, 1801, between Lord Hawkesbury and going included in brackets. Louis William Otto. They communicated their full powers Mr. Kane's amendment was as follows: in due forin, and then agreed upon the articles.
Strike out all after the word “compensation," in the In 1797, Lord Malmesbury was sent to Lisle, a city of tirst line of the second paragraph above quoted, and inthe French republic, as ambassador with full powers to sert “to the persons heretofore employed in our interconclude a peace.
course with the Sublime Porte, the further sum of fifteen In 1806, Lord Lauderdale was sent to Paris to negotiate thousand dollars, in addition to the sum of twenty-five a treaty of peace.
thousand dollars appropriated for the contingent expenses Permit me to submit another; a very strong one. Queen of foreign intercourse." Anne wanted peace; the allies were not so disposed, and This motion of Mr. Kave to strike out and insert having she sent a secret agent, Matthew Prior, I believe a poet. precedence of Mr. TAZEWELL's motion, the question was He was not suspected; for who would suppose that a poet taken thereon, and decided in the affirmative, as follows: would be sent on a subject so important? He concluded YEAS.-- Messrs. Barnard, Benton, Brown, Dickerson, the peace. It was then made public; and the Queen with- Dudley, Ellis, Forsyth, Grundy, Hayne, Hendricks, Jredrew her troops from the allied army.
, Kane, King, McKinley, Poindexter, Robbins, RobinThe late period of the session warns me that I ought son, Sanford, Smith, of Md., Smith, of S. C., Troup, not to occupy any more of your time, and I conclude with Woodbury.--22. a hope that the discussion may now terminate.
NAYS.-Messrs. Barton, Bell, Bibb, Burnet, ChamBefore I sit down, I will notice an observation made by bers, Chase, Foot, Frelinghuysen, Johnston, Knight, Lithe Senator, (Mr. TazewELL. He significantly sneered vingston, Marks, Naudain, Ruggles, Seymour, Silsbee, at the employment of consuls and captains of our ships of Sprague, Tazewell, Tyler, Willey, Webster.-21. war being clothed with plenipotentiary powers to make The question was then taken on the following proviso, treaties. “Consuls!” said lie, “What! are they superior moved by Mr. TYLER, to be added to Mr. KANE's amendto justices of the peace? Captains of the navy with their ment, viz. commission in their pockets,'' significantly. And yet, sir, “ Provided, always, That nothing in this act contained consuls and captains have been so employed by the best of shall be construed as sanctioning, or in any way approving, our Presidents
. Washington employed Mr. Consul Hum- the appointment of these persons by the President alone, phreys, as has been shown. Jefferson employed Mr. Lear during the recess of the Senate, and without their advice and Captain Preble to treat with Tripoli
. Madison em- and consent, as commissioners to negotiate a treaty with ployed Consul Shaler and Captain Decatur to treat with the Ottoman Porte:” Algiers. John Quincy Adams employed Captain Rodgers Which was agreed to by the following vote: to sound the Turk, that he might know his disposition to YEAS.- Messy's. Barnard, Barton, Bell, Burnet, Chammake a treaty, and actually appointed Consul Oftley and bers, Ellis, Foot, Frelinghuysen, Hayne, Hendricks, IreCaptain Crane to make a treaty with the Porte; and Gene. dell, Jolinston, King, Knight, Marks, Naudain, Poindexter, ral Jackson has employed consuls Rhind and Offley, and Ruggles, Seymour, Silsbee, Sprague, Tazewell, Tyler, Captain Biddle, to make a treaty. They have done so to Webster, willey.--25. the satisfaction of the Senator. And now, for the first NAYS.--Messrs. Benton, Bibb, Brown, Chase, Dickertime, is fault found that such persons have been employed. son, Dudley, Forsyth, Grundy, Kane, Livingston, McKin. Why? Because General Jackson has so acted, sir. We all ley, Robbins, Robinson, Sanford, Smith, of Md., Smith, understand the cause, and so will the people. I have done. of S. C., Troup, Woodbury.--18.
No other Senator rising to debate the subject, the Se Mr. TAZEWELL then withdrew his motion to strike nate proceeded to take the question.
out, and the united amendments of Messrs. Kane and For the convenience of the reader, the various amend- Troer consequently became a substitute for that part of the ments are here repeated. The Committee of Finance of amendment reported by the Committee of Finance, prothe Senate had reported the following additional items to viding for the compensation of the commissioners appointthe appropriation bill:
ed to conclude the treaty. " For the outfit and salary of an envoy extraordinary Mr. WEBSTER then submitted the following amendand minister plenipotentiary; for the salaries of a secretary ment: of legation, of a drogoman, and a student of languages, at Strike out all that relates to the outfit and salary of a Constantinople, and for the contingent expenses of the minister plenipotentiary, &c. and insert-legation, seventy-four thousand dollars: that is to say, for “For the outfit and salary of a chargé d'affaires; for the outfit of an envoy extraorslinary and minister plenipo- the salary of a drogoman, and a student of languages, at tentiary, nine thousand dollars; for the salary of the same, Constantinople, and for the contingent expenses of the lenine thousand dollars; for salary of a secretary of legation, gation, thirty-eight thousand dollars: that is to say, for the two thousand dollars; for the salary of a drogoman, two outfit of a chargé d'affaires, four thousand five hundred dolthousand five hundred dollars; for the salary of a student lars; for the salary of the same, four thousand five hundred of languages, one thousand five hundred dollars; for the dollars; for the salary of a drogoman, two thousand five contingent expenses of the legation, fifty thousand dollars. hundred dollars; for the salary of a student of languages,
[“ For compensation to the commissioners employed in one thousand five hundred dollars; for the contingent exnegotiating a treaty with the Sublime Porte:
penses of the legation, twenty-five thousand dollars.” “ To Charles Rhind, an outfit of four thousand five hun. Mr. WEBSTER said that this subject had been predred dollars, deducting therefrom whatever sum may have sented to the Senate in a double aspect by the President been paid to him for his personal expenses.
of the United States--the choice appeared to be left to
National Road in Ohio.
[FEB. 26, 1831.
that body whether they would send a minister plenipoten
SATURDAY, FEBRUARY 26. tiary or a chargé d'affaires ío the court of Constantinople; The resolution yesterday offered by Mr. Berton rela. and the Committee of Finance had submitted an appro- tive to the foreign commerce of the United States, was priation for the salary and outfit of the former.
One of taken up for consideration; when Mr. B. remarked that the letters read to the Senate, that from Mr. Offley, who he had not submitted the resolution with a view to its certainly appeared to have had some experience on this being acted on at the present session, but that it might subject, suggested the propriety of sending a chargé d'af- receive the early consideration of the Senate at the next faires, and in this opinion he [Mr. W.] most heartily con- stated session of Congress. On his motion, it was laid on curred. Mr. W. spoke at some length in favor of his mo- the table, and ordered to be printed. tion; said he could see no very great necessity for the mis The bill from the House of Representatives making sion—that he thought our relations with Turkey would appropriations for carrying on certain roads and works continue pretty much in the same state as before--and of internal improvement, and providing for surveys, was that, for some time to come, our consul at Smyrna would twice read, and referred. be the most important agent of the United States in that quarter of the world. He spoke of the large salaries of
NATIONAL ROAD IN OHIO. the ministers of foreign Powers at the court of Constanti The bill granting the assent of Congress to an act of nople, the great show and parade they made there, wholly the General Assembly of Ohio, for erecting toll-gates, for effect, and said that, if our ministers complained of the &c., and otherwise providing for the preservation and incompetence of their salaries at the courts of the civilized repair of the United States' road within the limits of that Powers of Europe, there certainly would be more cause State, was read the third time, and the question being on of complaint at Constantinople. He would like to know its passage, whether the mission was to be continued; whether a simi Mr. POINDEXTER opposed the bill at some length, lar call for salaries, &c. would be made next year; spoke on the ground that the General Government had no of the large amount appropriated for contingencies; and power to give the authority proposed to the State of Ohio. asked if it was supposed that the minister could support if the right to collect tolls existed in the State, the perhimself at a salary of $9,000 per annum. If a represen- mission was not only useless, but a usurpation of power tative must be sent, he thought a chargé d'affaires would on the part of the General Government over the rights be competent to perform all the necessary duties; though, and scvereignty of the State. if, on the contrary, the even if his amendment prevailed, his opinion was, that right belonged to the General Government, it was a power another mission in Europe should not be established. He not transferable, as no legislative power could be. He was not in favor of an increase of missions--he would ra- cited the only clause in the constitution which gave a prether reduce some of those now existing.
text for interfering with the internal regulation of a StateMr. KING said that the subject had been submitted to that relating to imposts. He asked what they were about the Committee of Finance without any recommendation to do? To pass à criminal law for the State of Ohio! from the Executive; and, after consultation, that com- For this was a bill enacting severe pains, penalties, and mittee had come to the conclusion that it would be best to fines. It was also a law to create a local tax, which no submit an appropriation for the salary of a minister pleni- article in the constitution had ever sanctioned. To conpotentiary. The salary would command the services of tend that Congress possessed such powers, would be adan individual who would be qualified to sustain the cha- mitted on all hands to be an absurdity. He would willingly racter and standing of the country, and enable him the give up this road to the State-transferring all the right, better to keep up a suitable establishment. He was un- title, and interest the General Government had in it---but der the impression that it would not be necessary to keep he could not consent to any interference with State rights. a minister at Constantinople for any great length of time. He, therefore, felt constrained to ask for the yeas and The contingencies of the mission would not be greater nays on its final passage. than at the court of any other Power, except in the first They were accordingly ordered. instance; and this to comply with the usual custom there Mr. HENDRICKS said, some power must have an inteto make presents on the ratification of a treaty.
rest in this road. If it existed in the General GovernMr. WOODBURY was in favor of the amendment sub- ment, its preservation belonged to that power; but that mitted by Mr. WEBSTER.
Government had already declared that it would not erect Mr. FORSYTH also preferred the amendment; though toll-gates upon the road; and, if we refuse to preserve he saw no necessity, he said, for political relations between the road, why should we not allow some one else to do it? this country and Turkey.
If we go upon the principle, that the right to do this Mr. SMITH recapitulated the views of the Committee exists in the State of Ohio, what harm can there be in our of Finance in providing for a minister plenipotentiary, and declaring our assent to the passage of this law by that said the Government did not intend keeping him there more State? Her proposition is certainly a liberal one; and all than one year. The object was to send a minister of the high- admit the necessity of keeping the road in repair. He est grade, in the first instance, whose duty it would be to thought the proposition to transfer the road to Ohio would exchange the ratifications of the treaty, and afterwards a be much more objectionable than the present one could chargé d'affaires would be amply sufficient. A minister be considered. The citizens of other States, Indiana, for plenipotentiary, he remarked, had access to the Sultan; instance, had a deep interest in it. It was their great a chargé could not approach beyond the Grand Vizier. thoroughfare, and its cession to a State would be a gross
The question was put on the amendment submitted by violation of the compact formed in its original construcMr. WEBSTER, and determined in the affirmative, as follows: tion.
YEAS.--Messrs. Barnard, Barton, Bell, Benton, Brown, The bill was then passed, by a vote of twenty-nine to Burnet, Chambers, Chase, Clayton, Dickerson, Foot, For- seven, as follows: syth, Frelinghuysen, Grundy, Hayne, Hendricks, Holmes, YEAS.—Messrs. Barnard, Barton, Bell, Benton, BurIredell, Johnston, Kane, Knight, McKinley, Marks, Nau- net, Chambers, Chase, Clayton, Dudley, Foot, Frelingdain, Poindexter, Robbins, Robinson, Ruggles, Seymour, huysen, Hendricks, Holmes, Kane, Knight, McKinley, Silsbee, Sprague, Tazewell, Troup, Tyler, Webster, Wil. Marks, Naudain, Robbins, Robinson, Ruggles, Sanford, ley, Woodbury.--37.
Seymour, Silsbee, Smith, of Md., Webster, Willey, NAYS.--Messrs. Bibb, Dudley, Ellis, King, Livingston, Woodbury.--29. Sanford, Smith, of Md.---7.
NAYS.--Messrs. Brown, Ellis, Hayne, Tredell, PoinAnd then the Senate adjourned.
dexter, Smith, of S. C., Troup.--7.