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March 14, 1826.]

Executive Proceedings on the Panama Mission.

(SENATE.

The reas and nays being desired by one-fifth of the structed fully to explain, (when requested) the great Senators present,

principles of our policy, but without being a member of Those who voted in the affirmative, are,

that Congress, and without power to commit the United Messis. Barton, Bell, Benton, Berrien, Bouligny, States to any stipulated mode of enforcing those princiBranch, Chambers, Chase, Clayton, Dickerson, Edwards, ples, in any supposed or possible state of the world. Findlay, Harrison, Hendricks, Holmes, Johnston, of Loui. And, on the question to agree thereto, it was detersiana, Knight, Lloyd, Mcllvaine, Macon, Marks, Mills, mined in the negative-yeas 19, nays 24. Noble, Robbins, Ruggles, Sanford, Seymour, Smith, The yeas and nays being desired by one-fifth of the SeThomas, Van Dyke, Willey, and Williams.--32.

nators present, Those who voted in the negative, are,

Those who voted in the affirmative, are, Messrs. Chandler, Cobb, Eaton, Hayne, Johnston, of Messrs. Benton, Berrien, Branch, Chandler, Cobb, Kentucky, Kane, King, Randolph, Rowan, Van Buren, Dickerson, Eaton, Findlay, Hayne, Holmes, Kane, King, White, and Woodbury.-12.

Macon, Randolph, Rowan, Van Buren, White, Williams, On the question to agree to the proposed amendment Woodbury.-19. to the resolution, it was determined in the negative-yeas Those who voted in the negative, are, 19, nays 24.

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clay's The yeas and nays being desired by one-fifth of the ton, Edwards, Harrison, Hendricks, Johnson, of Kentucky, Senators present,

Johnston, of Louisiana, Knight, Lloyd, Marks, Mills, NoThose who voted in the affirmative, are,

ble, Robbins, Ruggles, Sanford, Seymour, Smith, Tho. Messrs. Benton, Berrien, Branch, Chandler, Cobb, mas, Van Dyke, Willey.-24. Dickerson, Eaton, Findlay, Hayne, Holmes, Kane, King, On the question to agree to the resolution reported by Macon, Randolph, Rowan, Van Buren, White, Williams, the committee, in the following words: and Woodbury.-19.

Resolved, That it is not expedient, at this time, for the Those who voted in the negative, are,

United States to send any Ministers to the Congress of Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clay- American nations assembled at Panama, ton, Edwards, Harrison, Hendricks, Johnson, of Kentucky,! It was determined in the negative-yeas 19, nays 24. Johnston, of Louisiana, Knight, Lloyd, Marks, Mills, No- The yeas and nays being desired by one-fifth of the Se. ble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, nators present, Van Dyke, and Willey.-24.

Those who voted in the affirmative, are, A motion was made by Mr. VAN BUREN, of New York, Messrs. Benton, Berrien, Branch, Chandler, Cobb, to amend the resolution, by adding thereto the following: Dickerson, Eaton, Findlay, Hayne, Holmes, Kane, King,

Resolved, That the Constituton of the United States, in Macon, Randolph, Rowan, Van Buren, White, Williams, authorizing the President of the United States to nominate, Woodbury.-19. and, by and with the advice and consent of the Senate, to Those who voted in the negative, are, appoint, “Ambassadors, and other public Ministers," Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayauthorizes the nomination and appointment to offices ton, Edwards, Harrison, Hendricks, Johnson, of Kentucky, of a diplomatic character only, existing by virtue of inter-Johnston, of Louisiana, Knight, Lloyd, Marks, Mills, Nonational laws; and does not authorize the nomination and ble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, appointment, (under the name of Ministers,) of Represen- Van Dyke, Willey.-24. tatives to an Assembly of Nations, like the proposed Con- On motion, by Mr. CHASE, of Vermont, that the Comgress of Panama, who, from the nature of their appoint-mittee on Foreign Relations be discharged from the furment, must be mere deputies, unknown to the law of Na-ther consideration of the Message of the President of the tions, and without diplomatic character or privilege. United States of the 26th December, nominating Richard

Resolved, That the power of forming or entering, (in C. Anderson, John Sergeant, and William B. Rochester, to any manner whatever,) into new political associations, or the appointments therein mentioned; it was determined in confederacies, belongs to the People of the United States, the affirmative-yeas 38, nays 6. in their sovereign character, being one of the powers The yeas and nays being desired by one-fifth of the Se. which, not having been delegated to the Government, is nators present, reserved to the States or People; and that it is not within Those who voted in the affirmative, are, the Constitutional power of the Federal Government to Messrs. Barton, Bell, Benton, Berrien, Bouligny, appoint Deputies or Representatives of any description, to Branch, Chambers, Chandler, Chase, Clayton, Cobb, represent the United States in the Congress of Panama, Dickerson, Edwards, Findlay, Harrison, Hendricks, or to participate in the deliberation, or discussion, or re- Holmes, Johnson, of Kentucky, Johnston, of Louisiana, commendation, of acts of that Congress.

Kane, King, Knight, Lloyd, Macon, Marks, Mills, Noble, Resolved, As the opinion of the Senate, that (waiving Reed, Robbins, Ruggles, Sanford, Seymour, Smith, Thothe question of Constitutional power,) the appointment of mas, Van Buren, Van Dyke, White, and Willey.-38. Deputies to the Congress of Panama, by the United States, Those who voted in the negative, are, according to the invitation given, and its conditional ac- Messrs. Eaton, Hayne, Randolph, Rowan, Williams, and ceptance, would be a departure from that wise and settled Woodbury.-6. policy by which the intercourse of the United States with On motion, by Mr. CHANDLER, of Maine, that, it being foreign nations has hitherto been regulated, and may en- ten minutes past 12 o'clock, the Senate do adjourn, it was danger the friendly relations which now happily exist be- determined in the negative, yeas 15, nays 29. tween us and the Spanish American States, by creating The yeas and nays being desired by one fifth of the Seexpectations that engagements will be entered into by us, nators present, at that Congress, which the Senate could not ratify, and Those who voted in the affirmative, are, of which the People of the United States would not ap- Messrs. Benton, Branch, Chandler, Cobb, Dickerson, prove.

Findlay, Hayne, Holmes, Johnson, of Kentucky, King, Resolved, That the advantages of the proposed mission Macon, Reed, Rowan, Williams, and Woodbury.-15. to the Congress of Panama, (if attainable) would, in the Those who voted in the negative, are, opinion of the Senate, be better obtained, without such Messrs. Barton, Bell, Berrien, Bouligny, Chambers, hazard, by the attendance of one of our present Ministers Chase, Clayton, Eaton, Edwards, Harrison, Hendricks, near either of the Spanish Governments, authorized to ex- Johnston, of Louisiana, Kane, Knight, Lloyd, Marks, press the deep interest we feel in their prosperity, and in- | Mills, Noble, Randolph, Robbins, Ruggles, Sanford, Scy. SENATE.]

On the Panama Mission

in conclave. )

(Marcu, 1826.

mour, Smith, Thomas, Van Buren, Van Dyke, White, Mr. BERRIEN, of Georgia, submitted the following reand Willey.—29.

solution: On motion by Mr. MILLS, of Massachusetts, that the Resolved, That the injuction of secrecy be removed Senate proceed to consider the nominations of Richard C. from the Journal of the Senate, on the subject of sending Anderson, John Sergeant, and William B. Rochester, con- Ministers to the Assembly of American Nations at Panama. tained in the Message of the 26th December; it was deter- and that the Secretary of the Senate cause the same to be mined in the affirmative-yeas 25, nays 19.

published, viz: The veas and nays being desired by one-fifth of the Se- Resolutions of the Senate of the 15th of February, and nators present,

proceedings thereon. Proceedings of the Senate of the Those who voted in the affirmative, are,

22d, 23d, and 24th February, and of the 13th and 14th of Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clay- March. ton, Edwards, Harrison, Hendricks, Johnson, of Kentucky, The Senate proceeded to consider the resolution. Johnston, of Louisiana, Knight, Lloyd, Marks, Mills, No On motion by Mr. BELL, of New Hampshire, that the ble, Reed, Robbins, Ruggles, Sanford, Seymour, Smith,

Senate adjourn, it was determined in the negative, yeas Thomas, Van Dyke, Willey.-25.

13, nays 29. Those who voted in the negative, are,

On motion by Mr. VAN BUREN, the yeas and nays beMessrs. Benton, Berrien, Branch, Chandler, Cobb, ing desired by one-fifth of the Senators present, Dickerson, Eaton, Findlay, Hayne, Holmes, Kane, King, Those who voted in the affirmative, are, Macon, Randolph, Rowan, Van Buren, White, Williams, Messrs. Barton, Bell, Chase, Clayton, Edwards, Knight, Woodbury.-19.

Macon, Marks, Noble, Reed, Robbins, Sanford. Sey. On the question, “Will the Senate advise and consent

mour.-13.

Those who voted in the negative, are, to the appointment of Richard C. Anderson?” It was de

Messrs. Benton, Berrien, Bouligny, Branch, Chambers, termined in the affirmative-yeas 27, nays 17. The yeas and nays being desired by one-fifth of the Se.

Chandler, Cobb, Dickerson, Eaton, Findlay, Harrison,

Hayne, Hendricks, Holmes, Johnson, of Kentucky, Johnnators present, Those who voted in the affirmative, are,

ston of Louisiana, Kane, King, Lloyd, Mills, Rowan, RugMessrs. Barton, Bell, Benton, Bouligny, Chambers,

gles, Smith, Thomas, Van Buren, White, Willey, Wil. Chase, Clayton, Edwards, Harrison, Hendricks, Johnson,

liams, Woodbury.-29. of Kentucky, Johnston, of Louisiana, Kane, Knight, Lloyd,

On the question, “Will the Senate agree to the resoluMarks, Mills, Noble, Reed, Robbins, Ruggles, Sanford,

i tion” It was determined in the affirmative-yeas 37. Seymour, Smith, Thomas, Van Dyke, Willey.--27.

The yeas and nays being desired by one-fifth of the SeThose who voted in the negative, are,

nators present,

Those who voted in the affirmative, are, Messrs. Berrien, Branch, Chandler, Cobb, Dickerson,

Messrs. Barton, Benton, Berrien, Bouligny, Branch, Raton, Findlay, Hayne, Holmes, King, Macon, Randolph,

Chambers, Chandler, Chase, Cobb, Dickerson, Eaton, Ed. Rowan, Van Buren, White, Williams, Woodbury.-17.

wards, Findlay, Harrison, Hayne, Hendricks, Holmes, On the question, “ Will the Senate advise and consent

Johnson, of Kentucky, Johnston, of Louisiana, Kane, King, to the appointment of John Sergeant?" It was determined Lloyd, Macon, Marks. Mills, Noble. Reed, Rowan, Rug. in the afirmative-yeas 26, nays 18.

gles, Sanford, Seymour, Smith, Van Buren, White, The yeas and nays being desired by one-fifth of the Se- / Willey, Williams, Woodbury-37. nators present,

So it was Those who voted in the affirmative, are,

1 Resolved, That the injunction of secrecy be removed Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clay. I from the Journal of the Senate, on the subject of sending ton, Edwards, Findlay, Harrison, Hendricks, Johnson, of Ministers to the Assembly of American Nations at Panama, Kentucky, Johnston, of Louisiana, Kane, knight, Lloyd, and that the Secretary of the Senate cause the same to be Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, published, viz: Smith, Thomas, Van Dyke, Willey.-26.

** Resolutions of the Senate of the 15th of February, and Those who voted in the negative, are,

proceedings thereon. Proceedings of the Senate of the Messrs. Benton, Berrien, Branch, Chandler, Cobb, 220, 23d, and 24th February, and of the 13th and 14th of Dickerson, Eaton, Hayne, Holines, King, Macon, Ran- March. True extracts from the Journal. dolph, Reed, Rowan, Van Buren, White, Williams,

Attest,

WALTER LOWRIE, Sec'y. Woodbury.-18.

On the question, “Will the Senate advise and consent to the appointment of William B. Rochester)" It was de

[These proceedings being published, here is the place · termined in the affirmative-yeas 28, nays 16.

to insert that part of the debate, in the secret session, The yeas and nays being desired by one-fifth of the Se

above sketched out, which it is in our power to publish

from authentic sources. It is therefore here introduced.] nators present,

Those who voted in the affirmative, are, Messrs. Barton, Bell, Benton, Bouligny, Chambers, The following resolution, submitted by the Committee Chase, Clayton, Edwards, Findlay, Harrison, Hendricks, of Foreign Relations, being under consideration Johnson, of Kentucky, Johnston, of Louisiana, Kane, “Resolved, That it is not expedient, at this time, for the Knight, Lloyd, Marks, Mills, Noble, Reed, Robbins, Rug- United States to send any Ministers to the Congress of gles, Sanford, Seymour, Smith, Thomas, Van Dyke, American Nations assembled at Panama:"Willey.-28.

| Mr. HAYNE, of South Carolina, addressed the Senate, Those who voted in the negative, are,

Jin substance, as follows: Messrs. Beitien, Branch, Chandler, Cobb, Dickerson, If I could concur, Mr. President, with those gentlemen Eaton, Hayne, Holmes, King, Macon, Randolph, Rowan, who believe that the question of sending Ministers to reVan Buren, White, Williams, Woodbury.-16.

present the United States at the Congress of Panama, was So it was

one of very little consequence, I should certainly not trouResolved, that the Senate advise and consent to the ap- ble the Senate with any remarks upon the subject: for, pointments of Richard C. Anderson, John Sergeant, and though I should consider this as a conclusive argument William B. Rochester, agreeably to their nominations re- against the mission, yet if, in fact, we were now called spectively.

| upon to take a part in an empty pageant, or an idle cere

lot

MARCH, 1826.]

On the Panama Mission, in conclave.)

(SENATE.

mony-if(to borrow the language used elsewhere our Mi- be ascertained, the task will be easy to show what effect nisters are merely to present “an imposing spectacle to must be produced on our relations towards Spain by our the eyes of the world”- should content myself with giv. taking any part in the diliberations of that assembly. ing a silent, though decided vote against the measure. From the work of Monteagudo, (an abstract of which But the question presents itself to my mind, in an aspect will be found in the last number of the North American extremely different. It does appear to me, that, whatev. Review) it appears that the project of a Confederacy of the er may be the result of this mission, it cannot possibly be South American States was conceived as early as 1821; indifferent; it is a measure of the most decisive character, that, in 1823, Bolivar, as President of Colombia, invited and one that cannot fail to produce the most important re- Mexico, Peru, Chili, and Buenos Ayres, “to send delesults. It touches the neutral relations of the United gates to Panama, with the express design of establishing States in a contest of a peculiar nature, towards which the A CONFEDERACY.” In December, 1824, conceiving that attention of the whole civilized world is anxiously turned, the period had now arrived for carrying this great object and in which their feelings and interests are most deeply into effect, he issued a circular, proposing to the new involved. It concerns the part we shall act towards the States that delegates should “immediately be sent to Pa. belligerents in the great contest which has so long deso- nama by those Governments which had agreed TO JOIN lated the South American hemisphere--a contest of which IN THE CONFEDERACY;" and he there characterizes the neither the nations of Europe, nor ourselves, have been meeting as one “which was to serve as a COUNSEL to us in unconcerned spectators, though they have so far escaped our distresses,” (which can only mean, to advise them how being drawn into the vortex. Happily for us, and most to carry on the war, so as to bring it to a successful issue,) happily for the South Americans, this strict neutrality on“ and to be a RALLYING POINT in our common dangers; the part of other nations, has left to the youthful vigor of (in other words, to furnish the means of making a successthe new Republics, a slow but certain triumph over their ful stand against the common enemy, old Spain, by equipcommon enemy, and nothing is now wanting to the esta- ping fleets and raising armies, and by furnishing respecblishment of their Independence on an immutable basis, tively their contingent of men, arms, and money.) The but that there should be no interference whatever in their author of this work was a man of uncommon talent and concerns. Left to themselves, their liberties are secure. great influence, who not only filled the station of Minister In seeking foreign assistance, they are committing a fatal of State in Peru, but, in behalf of that State, negotiated error, and as grievously mistake their own best interests, and signed the Convention with Colombia, in relation to as we will mistake our duties, should we comply with their this very business. His authority, therefore, is entitled to wishes.

great weight, on a question with which he was so intiI regard this question, therefore, as one of the last im- mately acquainted. He sums up in two lines, the duties portance, not only to the new States, but to ourselves; be- of the Congress, and informs us it is designed to give cause I consider it as based on an entire change of the " INDEPENDENCE, PEACE, AND SECURITY, TO THE NEW neutral position which we have hitherto so happily occu- States." Independence to colonies engaged in a contest pied in the contest between Spain and her colonies--a with the mother country for its establishment-Peace, to change that may not only involve us in the struggle, but nations actually involved in war-Security, to those who may be fatal in its consequences to those whom we are are exposed to all the casualties of invasion from abroad most anxious to serve.

and convulsions within. And how are these objects to be In order to decide on the expediency of the proposed attained? The answer is obvious, and is given by all the mission to the Congress of Panama, and to ascertain how it documents before us: By ALLIANCES, offensive and defen. may affect our neutrality, it is necessary to determine, in sive; by which each State stipulates to make a common the first place, the character of that Congress. And here I cause, and to furnish their respective quotas of men, of shall take it for granted, that the character of the Con- money, and of arms. gress will, in no degree, be affected by the instructions On this point, nothing shall be left to conjecture or inwhich may be given to our Ministers, but can only be as- ference. I will produce the highest possible evidence certained from its declared and acknowledged objects. It evidence which must satisfy the most sceptical as to the is from the documents, published to the world, and from true character of the Panama Congress. The States rethese alone, that the public can know the purposes for presented there have entered into formal TREATIES-and which this Congress is to be assembled. These must it is under these solemn Conventions that this Congress stamp its character as peaceful or belligerent, in the esti- is assembled. Under the call made upon the President mation of mankind. Now, on this branch of the subject, by the Senate on the 3d of January last, he has submitted we are most fortunately furnished with information, au- to us Conventions between thentic, full, and perfectly satisfactory-information, not possessed by us alone, but which bas been published to

The Republic of Colombia and that of Chili, all the world. The following are the sources from whence

The Republic of Colombia and Peru,

The Republic of Colombia and the Federation of the we derive our knowledge as to the character and objects of the Congress of Panama-sources equally open to every

Centre of America, and

The Republic of Colombia and the U. Mexican States. nation in Europe:

Ist. A work on the necessity of a general federation of On looking into these Conventions, (some of which the South American States, published at Lima in 1825, by were entered into as early as 1822, and one as late as Bernardo Monteagudo, Minister of State and Foreign Af September, 1825,) we discover that, in the execution of fairs of Peru, &c..

the plan of the Liberator, of uniting all the Spanish Ame2d. Bolivar's circular and proclamation.

rican States into “ONE GREAT CONFEDERACY," he has suc3d. The conventions between five of the Spanish Ame- ceeded in forming among them treaties of alliance, offenrican Republics, under which the Congress is about to as- sive and defensive, in peace, and in war, and the Congress semble.

of Panama grows out of, and is the first fruit of, that al4th. The communication in the official Gazette of Co- liance. It is, in fact, a Congress of confederated belligelombia, in February last, of some of the specific points rent States, convened for the great purpose of bringing which are to form the subjects of the deliberations of the the war, by their combined efforts, to a speedy and sucCongress.

cessful termination, and, at the same time, of establishing a From these combined sources, we will be enabled to plan of general cooperation, in all cases whatsoever.--derive the most satisfactory and conclusive information, as These assertions I shall establish beyond the possibility of to the true character of the Congress; and when that shall 'a doubt, by a brief reference to those Conventions.

SENATE.]

On the Panama Mission-sin conclave. )

(Manco, 1826.

• In the Convention between Colombia and Chili, we find“ fectual the declaration of the President of the United the following provisions:

| “ States, respecting any ulterior design of a Foreign Pow. By the first article, it is declared that “the Republic" er to colonize any portion of this continent, and, also, “ of Colombia and the State of Chili, are united, bound,“ the means of resisting all interference from abroad with " and confederated, in peace and war, to maintain by their “ the domestic concerns of the American Governments. “influence and forces, by sea and land—as far as circum- “8. To settle, by common consent, the principles of “ stances permit-their Independence of the Spanish na- - those rights of nations, which are in their nature contion, and of any other foreign domination whatsoever.” “ trovertible.

By the second article, these two States “contract a “9. To determine on what footing shall be placed the " league of close alliance for the common defence for the “ political and commercial relations of those portions of “ security of their independence and liberty, for their re. “ our hemisphere, which have obtained, or shall obtain, W ciprocal and general good, and for their internal tran- “ their independence, but whose independence has not • quillity, obliging themselves to succor each other, and to " been recognized by any American or European Power, repel in common every attack or invasion, which may in" as was for many years the case with Hayti." “ any manner threaten their political existence.”

From these documents no man can deny that the ConBy the third article it is declared, “the Republic of Co-gress of Panama is to be composed of deputies from belli« lombia binds itself to assist, with the disposable sea and gerent States, and that its objects are essentially belligerent. land forces; of which the number, or its equivalent, These objects are not concealed, but are publicly avowed, • shall be fixed at a meeting of Plenipotentiaries." | and known to the world. It is to be an assembly of Con

Then follow the thirteenth and fourteenth articles, under federates, differing very little from the old Congress unwhich the Congress at Panama is about to assemble. Thir-der our Articles of Confederation, to which, indeed, it teenth, “Both parties oblige themselves to interpose their bears a striking resemblance. “ good offices with the Governments of the other States The question now arises, whether a neutral State can “ of America, formerly Spanish, to enter into this COMPACT join in such a council without violating its neutrality? Can “ OF UNION, LEAGUE, and CONFEDERATION;" and, four- the United States lawfully send Deputies to a Congress of teenth, “As soon as this great and important object has the confederated Spanish American States?-a Congress “ been attained,a GENERALASSEMBLY OF AMERICANSTATES which not only has objects confessedly connected with the « shall be convened (at Panama as subsequently stated) prosecution of the war, but when it is notorious that these “ composed of their Plenipotentiaries, with the charge of belligerent objects create the very occasion of its assem“ cementing, in the most solid and stable manner, the in- bling? Can we do so without departing from our neutral “ timate relations which ought to exist between all and relations towards Spain? Is it possible, Mr. President, “ every one of them, and which may serve as a COUNCIL that this can be seriously questioned? It will not bear an “ IN THE GREAT CONFLICT, as a RALLYING POINT in the argument. There can be no difference under the Law of “ COMMON DANGERS, as a faithful interpreter of the public Nations for there is none in reason or justice-between “ treaties, when difficulties occur, and as an umpire and aiding a belligerent in council or in action between con“ conciliator in their disputes and differences.”

sulting with him in respect to belligerent measures, or Now, sir, in all the other Conventions, similar, and, in furnishing the men and money to accomplish them. To some of them, even stronger, language is held. They all afford to such a Congress as I have shown this at Panama provide for alliances, offensive and defensive, for the pur- to be, even the lights of our wisdom and experience-to pose of bringing the present war against Spain to a con- enter into consultations with them as to the means of clusion, by furnishing their quotas of men, money, and bringing the contest to a speedy and successful issue—to ships; and they all stipulate that, as soon as the ALLIANCE advise with them how to proceed, and when to proceedshall become general, this Panama Congress is to be con- (and it appears from the documents that we are quite vened, as the first step to be taken under it. It is the ready with our advice in these respects,) unquestionably “GREAT COUNCILof these belligerent States, and will of must be a total departure from our neutrality. It is no ancourse be perpetual, or, at all events, will have a duration swer to this argument to say, that our Ministers, when they equal to that of the Confederacy itself. (Mr. H. here re- take their seats, and become members of the Congress, ferred minutely to all the Conventions, and argued from will not interfere in the discussion of belligerent questions, them in support of his position.] The last document to and will confine themselves exclusively to those which which I shall refer, is the Official Gazette of Colombia, of are in their nature peaceful. If the character of the Con. February last, in which the objects of the Congress are gress is belligerent-no neutral can lawfully be there. If, thus stated:

for any purpose whatever, questions connected with the “1. To form a solemn compact, or league, by which the further prosecution of the war, are to be there discussed “ States, whose Representatives are present, will be bound and decided, our Ministers cannot take their seats in the “ to unite in prosecuting the war against their common Assembly without involving us, by that very act, in the “enemy, old Spain, or against any other Power, which contest. A strict and honorable neutrality must keep us “shall assist Spain in her hostile designs, or any otherwise out of any meeting not having peaceful objects exclusively. “ assume the attitude of an enemy.

The Law of Nations, in this respect, cannot differ from “2. To draw up and publish a manifesto, setting forth those rules of municipal law, founded in the common “ to the world the justice of their cause, and the relations sense of mankind—which involve, in a common guilt, all "they desire to hold with other Christian Powers. who associate with those engaged in any unlawful enter

“3. To form a Convention of Navigation and Commerce, prise. It is not permitted to individuals, nor can it be per. "applicable both to the Confederated States, and to their mitted to nations, to excuse themselves for acting with o allies.

those engaged in belligerent enterprises, by alleging that “ 4. To consider the expediency of combining the their own purposes are peaceful. Sir, I hold that if you “ forces of the Republics, to free the Islands of Puerto Rico go into council at all with such powers, you become an" and Cuba from the yoke of Spain, and, in such case, swerable for all their acts. At this moment a case occurs " what contingent each ought to contribute for this end to me that took place many years ago, in England, and

~ 5. To take measures for joining in a prosecution of which affords an apt illustration of this principle. Lord “ the war at sea, and on the coasts of Spain.

Dacres, a young nobleman of wild and irregular habits, “6. To determine whether these measures shall also be associated himself with a party who were engaged in robe "extended to the Canary and Philippine islands.

bing a Park-one of that party, without the knowledge or 7. To take into consideration the means of making ef- consent of Lord Dacres, killed the Game Keeper. His MARCA, 1826.]

On the Panama Mission

in conclave. )

(SENATE.

Lordship was taken up, and tried for the murder; and “tween the different Powers to be represented, several though probably as innocent of that offence as either of“ preliminary points, such as the subjects to which the us, he was, according to the laws of England, found “attention of the Congress should be directed, the subguilty. No rank or influence could save him—he perish “stance and form of the powers to be given to the respeced on the gallows a victim to the strict, though necessa-" tive REPRESENTATIVES, and the mode of organizing the ry rule, which involves in a common fate all who asso- “Congress, and that, if these points should be satisfactociate and act with others engaged in any unlawful pursuit." rily arranged, the President would be disposed to ac

But an attempt is made to remove all our apprehensians" cept, in behalf of the United States, the invitation with on this subject, and it comes from a high quarter too,) by " which you were provisionally charged.” The ground the assurance that Spain is just about to acknowledge the here assumed by the Administration has my most unqualiindependence of her former Colonies, under our media-fied approbation. I yield my hearty assent to the position, tion. The Secretary of State, in his report which accom- that information on all these points was necessary-yes, panies the President's Message of the 9th January, in an- absolutely and indispensably necessary before we could swer to our call for information, transmits a mass of docu- prudently take a single step in the business. But, Sir, ments to show that our Government has invoked the aid this ground has been altogether abandoned, and for reaof Russia; that the Emperor has interfered at our request; sons with which we have not been favored. The Presiand that there is a flattering prospect of speedy and entire dent has determined at once to send Commissioners to the success. So says Mr. Middleton-so says Mr. Clay. But, Congress at Panama-without having obtained any inforMr. President, it fortunately happens that the Senate, on mation whatever on three of the points before deemed nethe 30th January, made another call for information on this cessary, and on the other having received only partial, imperpoint, and the answer of the President, of the 1st of Fe- fect, and contradictory statements. As to “ the substance" bruary, dispels the illusion entirely. The three letters of and “the form” of the powers to be given to the “ ReMr. Everett, there disclosed, demonstrate that there is no presentatives," and the mode of the “organization of the hope, whatever, of a peace, The Minister of the Spanish Congress," we are without a particle of information-and Government, (Mr. Zea,) declares that the determination in respect to “the subjects to be discussed,” a few of them of the King, on that subject, is unalterable he will stand are specified, (and important enough they certainly are!) upon his naked right, and look to Providence, should all while, as to the rest, we are left to search for them in the other means fail. But this is not all. The Russian Minis-regions of conjecture. If the President was right in the ter concurs in the views of Mr. Zea, and the British Minis- first instance, he must be wrong now. To my mind it is ter will not interfere. In short, it is proved by these docu- clear that he then took the true Constitutional ground-and ments that all hope of a peace is entirely at an end. The having abandoned it without any reason, I cannot consent hopes raised by the message of the 9th of January are to go with him. Gentlemen whose faith in Executive inthus totally crushed by that of the 1st of February. This fallibility is greater than mine, may be satisfied that the no gentleman will now question.*

President must always be right; but for my own part, I reIt has been well remarked by the Committee, in their quire either facts or argument before I can yield my asReport, that no nation (unless restrained by their weak. sent to any measure whatsoever, and especially to such as ress ever permitted such an interference, as we are about are novel in their character and important in their conseto attempt, without redressing the wrong by war. And quences. I stand here to advise the President independsurely, Sir, we are not to be called upon to violate our ently, and according to my convictions of the policy or imneutral obligations towards Spain because Spain is weak. policy of the measures he may recommend; and I cannot If a sense of justice, and a due regard to our own charac- conscientiously advise this mission, until full and satisfacter and our interests, should not restrain us from a mea-tory information is obtained on these points, which the Exsure of that kind, perhaps we may be influenced by the cutive formerly deemed necessary, and which I still so consideration, that a violation of neutrality on our part consider. may lead to similar violations on the part of the Powers of It is true, Mr. President, that, although we have not Europe, and that we may thus be the means of destroying been furnished with this necessary information, yet, in rethose whom we mean to serve and hope to save.

lation to the organization and action of the Congress, we But there is another question arising out of this, and al. are enabled to glean a few facts from the correspondence most of equal importance. What is to be the mode of before us, which shed some light upon the subject, and the organization and action of this Congress? What is to exhibit the Congress in no very favorable point of view. be the nature of the powers to be given to our Ministers? It is to be a Congress, a deliberative Assembly, composAnd what are the subjects to be discussed? Surely all of ed of Derutiks, with undefined powers; it is called in the these are questions of the most vital importance; and conventions “ a great Council;” and though the members whether the character of the Congress be belligerent or in some places are called “Plenipotentiaries," yet, in peaceful, they must be satisfactorily answered before any others, they receive different appellations; and Mr. Clay man who has a due regard for the welfare of his country, | himself, in one place, considers them as “ REPRESENTAshould consent to take a single step in a business of this TIVES," and elsewhere describes them as “ Commissiondelicate nature. This was the view of the subject origi-ers.They cannot be “ Ambassadors for they are not to nally taken by the President himself, as appears from the go accredited to any sovereign State. They will not be documents on our tables. In Mr. Clay's letter to Mr. Ministers to Colombia, within whose territory the ConObregon, dated 30th November, 1825, he says: “When at gress is to be convened; they must present their creden. * your instance, during the last Spring, I had the honor, tials to the Congress itself, by whom their validity must be * &c. of conferring with you verbally, in regard to the decided on, and the members admitted to their seats. It * proposed Congress, &c. I stated to you, by direction of is only by the special provisions of the “Conventions," “the President, that it appeared to him to be necessary, that the Deputies could claim the privileges and immuni** before the assembling of such a Congress, to settle be-ties of Ambassadors, and as no such stipulations have been

• The important letter of the 15th 27th July, 1825, from Mr. Middleton to Mr. Clay, and of 26th December, 1825, from Mr. Clay to Mr. Middleton, are not communicated to the House of Representatives. Mr. Everett's three very important letters are also not communicatedwhile some of his subsequent letters were communicated—which last the Senate did not receive until after their final decision on the question before them. The documents before the Senate proved, beyond a doubt, that there was no prospect of peace, and though this fact does not appear from the documents transmitted to the House of Representatives, yet it is not contradicted by them.-Note, by Mr. H.

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