Abbildungen der Seite
PDF
EPUB

MARCH 14, 1826.]

Executive Proceedings on the Panama Mission.

[SENATE.

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

Those who voted in the affirmative, are,

Messrs. Barton, Bell, Benton, Berrien, Bouligny, Branch, Chambers, Chase, Clayton, Dickerson, Edwards, Findlay, Harrison, Hendricks, Holmes, Johnston, of Louisiana, Knight, Lloyd, McIlvaine, Macon, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey, and Williams.-32.

Those who voted in the negative, are,

Messrs. Chandler, Cobb, Eaton, Hayne, Johnston, of Kentucky, Kane, King, Randolph, Rowan, Van Buren, White, and Woodbury.-12.

On the question to agree to the proposed amendment to the resolution, it was determined in the negative-yeas 19, nays 24.

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Findlay, Hayne, Holmes, Kane, King, Macon, Randolph, Rowan, Van Buren, White, Williams, and Woodbury.-19.

Those who voted in the negative, are,

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Edwards, Harrison, Hendricks, Johnson, of Kentucky, Johnston, of Louisiana, Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, and Willey.-24.

principles of our policy, but without being a member of that Congress, and without power to commit the United States to any stipulated mode of enforcing those principles, in any supposed or possible state of the world.

And, on the question to agree thereto, it was determined in the negative-yeas 19, nays 24.

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Findlay, Hayne, Holmes, Kane, King, Macon, Randolph, Rowan, Van Buren, White, Williams, Woodbury.-19.

Those who voted in the negative, are,

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clay ton, Edwards, Harrison, Hendricks, Johnson, of Kentucky, Johnston, of Louisiana, Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Tho. mas, Van Dyke, Willey.-24.

On the question to agree to the resolution reported by the committee, in the following words:

Resolved, That it is not expedient, at this time, for the United States to send any Ministers to the Congress of American nations assembled at Panama,

It was determined in the negative-yeas 19, nays 24. The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Findlay, Hayne, Holmes, Kane, King, Macon, Randolph, Rowan, Van Buren, White, Williams, Woodbury.-19.

Those who voted in the negative, are,

A motion was made by Mr. VAN BUREN, of New York, to amend the resolution, by adding thereto the following: Resolved, That the Constituton of the United States, in authorizing the President of the United States to nominate, and, by and with the advice and consent of the Senate, to appoint, "Ambassadors, and other public Ministers," authorizes the nomination and appointment to offices of a diplomatic character only, existing by virtue of international laws; and does not authorize the nomination and appointment, (under the name of Ministers,) of Representatives to an Assembly of Nations, like the proposed Congress 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 Nations, and without diplomatic character or privilege.

Resolved, That the power of forming or entering, (in any manner whatever,) into new political associations, or confederacies, belongs to the People of the United States, in their sovereign character, being one of the powers which, not having been delegated to the Government, is reserved to the States or People; and that it is not within the Constitutional power of the Federal Government to appoint Deputies or Representatives of any description, to represent the United States in the Congress of Panama, or to participate in the deliberation, or discussion, or recommendation, of acts of that Congress.

Resolved, As the opinion of the Senate, that (waiving the question of Constitutional power,) the appointment of Deputies to the Congress of Panama, by the United States, according to the invitation given, and its conditional acceptance, would be a departure from that wise and settled policy by which the intercourse of the United States with foreign nations has hitherto been regulated, and may endanger the friendly relations which now happily exist between us and the Spanish American States, by creating expectations that engagements will be entered into by us, at that Congress, which the Senate could not ratify, and of which the People of the United States would not approve.

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Edwards, Harrison, Hendricks, Johnson, of Kentucky, Johnston, of Louisiana, Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey.-24.

On motion, by Mr. CHASE, of Vermont, that the Com

ther consideration of the Message of the President of the United States of the 26th December, nominating Richard C. Anderson, John Sergeant, and William B. Rochester, to the appointments therein mentioned; it was determined in the affirmative—yeas 38, nays 6.

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Barton, Bell, Benton, Berrien, Bouligny, Branch, Chambers, Chandler, Chase, Clayton, Cobb, Dickerson, Edwards, Findlay, Harrison, Hendricks, Holmes, Johnson, of Kentucky, Johnston, of Louisiana, Kane, King, Knight, Lloyd, Macon, Marks, Mills, Noble, Reed, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Buren, Van Dyke, White, and Willey.-38. Those who voted in the negative, are,

Messrs. Eaton, Hayne, Randolph, Rowan, Williams, and Woodbury.-6.

On motion, by Mr. CHANDLER, of Maine, that, it being ten minutes past 12 o'clock, the Senate do adjourn, it was determined in the negative, yeas 15, nays 29.

The yeas and nays being desired by one fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Benton, Branch, Chandler, Cobb, Dickerson, Findlay, Hayne, Holmes, Johnson, of Kentucky, King, Macon, Reed, Rowan, Williams, and Woodbury.-15. Those who voted in the negative, are,

Rezolved, That the advantages of the proposed mission to the Congress of Panama, (if attainable) would, in the 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, Sey

SENATE.]

On the Panama Mission-(in conclave.)

mour, Smith, Thomas, Van Buren, Van Dyke, White, and Willey.-29.

On motion by Mr. MILLS, of Massachusetts, that the Senate proceed to consider the nominations of Richard C. Anderson, John Sergeant, and William B. Rochester, contained in the Message of the 26th December; it was determined in the affirmative-yeas 25, nays 19.

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are, Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Edwards, Harrison, Hendricks, Johnson, of Kentucky, Johnston, of Louisiana, Knight, Lloyd, Marks, Mills, Noble, Reed, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey.-25.

Those who voted in the negative, are,

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Findlay, Hayne, Holmes, Kane, King, Macon, Randolph, Rowan, Van Buren, White, Williams, Woodbury.-19.

On the question, "Will the Senate advise and consent to the appointment of Richard C. Anderson?" It was determined in the affirmative-yeas 27, nays 17.

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Barton, Bell, Benton, Bouligny, Chambers,
Chase, Clayton, Edwards, Harrison, Hendricks, Johnson,
of Kentucky, Johnston, of Louisiana, Kane, Knight, Lloyd,
Marks, Mills, Noble, Reed, Robbins, Ruggles, Sanford,
Seymour, Smith, Thomas, Van Dyke, Willey.-27.
Those who voted in the negative, are,

Messrs. Berrien, Branch, Chandler, Cobb, Dickerson,
Eaton, Findlay, Hayne, Holmes, King, Macon, Randolph,
Rowan, Van Buren, White, Williams, Woodbury.-17.

On the question, "Will the Senate advise and consent to the appointment of John Sergeant?" It was determined in the affirmative-yeas 26, nays 18.

[MARCH, 1826.

Mr. BERRIEN, of Georgia, submitted the following resolution:

Resolved, That the injuction of secrecy be removed from the Journal of the Senate, on the subject of sending Ministers to the Assembly of American Nations at Panama, and that the Secretary of the Senate cause the same to be published, viz:

Resolutions of the Senate of the 15th of February, and proceedings thereon. Proceedings of the Senate of the 22d, 23d, and 24th February, and of the 13th and 14th of March.

The Senate proceeded to consider the resolution.
On motion by Mr. BELL, of New Hampshire, that the
Senate adjourn, it was determined in the negative, yeas
13, nays 29.
On motion by Mr. VAN BUREN, the yeas and nays be-
ing desired by one-fifth of the Senators present,
Those who voted in the affirmative, are,
Messrs. Barton, Bell, Chase, Clayton, Edwards, Knight,
Macon, Marks, Noble, Reed, Robbins, Sanford. Sey-
Those who voted in the negative, are,

mour.-13.

Messrs. Benton, Berrien, Bouligny, Branch, Chambers, Chandler, Cobb, Dickerson, Eaton, Findlay, Harrison, Hayne, Hendricks, Holmes, Johnson, of Kentucky, Johnston of Louisiana, Kane, King, Lloyd, Mills, Rowan, Ruggles, Smith, Thomas, Van Buren, White, Willey, Williams, Woodbury.-29.

tion" It was determined in the affirmative-yeas 37.
On the question, "Will the Senate agree to the resolu-

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Chambers, Chandler, Chase, Cobb, Dickerson, Eaton, EdMessrs. Barton, Benton, Berrien, Bouligny, Branch, wards, Findlay, Harrison, Hayne, Hendricks, Holmes, Johnson, of Kentucky, Johnston, of Louisiana, Kane, King, Lloyd, Macon, Marks, Mills, Noble, Reed, Rowan, Ruggles, Sanford, Seymour, Smith, Van Buren, White, So it was

The yeas and nays being desired by one-fifth of the Se-Willey, Williams, Woodbury.-37. nators present,

Those who voted in the affirmative, are,

Messrs. Barton, Bell, Bouligny, Chambers, Chase, Clayton, Edwards, Findlay, Harrison, Hendricks, Johnson, of Kentucky, Johnston, of Louisiana, Kane, Knight, Lloyd, Marks, Mills, Noble, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey.-26.

Those who voted in the negative, are,

Messrs. Benton, Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Hayne, Holmes, King, Macon, Randolph, Reed, Rowan, Van Buren, White, Williams, Woodbury.-18.

Resolved, That the injunction of secrecy be removed from the Journal of the Senate, on the subject of sending Ministers to the Assembly of American Nations at Panama, and that the Secretary of the Senate cause the same to be published, viz:

Resolutions of the Senate of the 15th of February, and proceedings thereon. Proceedings of the Senate of the 22d, 23d, and 24th February, and of the 13th and 14th of March. True extracts from the Journal. Attest,

WALTER LOWRIE, Sec'y.

On the question, "Will the Senate advise and consent to the appointment of William B. Rochester?" It was de- to insert that part of the debate, in the secret session, [These proceedings being published, here is the place termined in the affirmative-yeas 28, nays 16.

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, Chase, Clayton, Edwards, Findlay, Harrison, Hendricks, Johnson, of Kentucky, Johnston, of Louisiana, Kane, Knight, Lloyd, Marks, Mills, Noble, Reed, Robbins, Ruggles, Sanford, Seymour, Smith, Thomas, Van Dyke, Willey.-28.

Those who voted in the negative, are,

Messrs. Berrien, Branch, Chandler, Cobb, Dickerson, Eaton, Hayne, Holmes, King, Macon, Randolph, Rowan, Van Buren, White, Williams, Woodbury.—16.

So it was

The following resolution, submitted by the Committee of Foreign Relations, being under consideration"Resolved, That it is not expedient, at this time, for the United States to send any Ministers to the Congress of American Nations assembled at Panama:❞—

Mr. HAYNE, of South Carolina, addressed the Senate, in substance, as follows:

If I could concur, Mr. President, with those gentlemen who believe that the question of sending Ministers to represent the United States at the Congress of Panama, 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 William B. Rochester, agreeably to their nominations respectively.

though I should consider this as a conclusive argument against the mission, yet if, in fact, we were now called upon to take a part in an empty pageant, or an idle cere

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"-I 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 Pabelligerents 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 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 defenmay 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 evidencecertained from its declared and acknowledged objects. It evidence which must satisfy the most sceptical as to the is from the documents, published to the workl, 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 has been published to all the world. The following are the sources from whence we derive our knowledge as to the character and objects of the Congress of Panama-sources equally open to every nation in Europe:

most anxious to serve.

1st. A work on the necessity of a general federation of the South American States, published at Lima in 1825, by Bernardo Monteagudo, Minister of State and Foreign Af fairs of Peru, &c.

2d. Bolivar's circular and proclamation.

[ocr errors]

The Republic of Colombia and that of Chili,
The Republic of Colombia and Peru,

The Republic of Colombia and the Federation of the
Centre of America, and

The Republic of Colombia and the U. Mexican States.

On looking into these Conventions, (some of which were entered into as early as 1822, and one as late as September, 1825,) we discover that, in the execution of the plan of the Liberator, of uniting all the Spanish American 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 bellige lombia, in February last, of some of the specific points which are to form the subjects of the deliberations of the Congress.

From these combined sources, we will be enabled to derive the most satisfactory and conclusive information, as to the true character of the Congress; and when that shall

rent States, convened for the great purpose of bringing the war, by their combined efforts, to a speedy and successful termination, and, at the same time, of establishing a plan of general co operation, in all cases whatsoever.These assertions I shall establish beyond the possibility of a doubt, by a brief reference to those Conventions.

SENATE.]

66

On the Panama Mission-(in conclave.)

[MARCH, 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 PowBy 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 "league of close alliance for the common defence-for the "security of their independence and liberty, for their reciprocal and general good, and for their internal tranquillity, obliging themselves to succor each other, and to 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." By 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 "land forces; of which the number, or its equivalent, "shall be fixed at a meeting of Plenipotentiaries."

66

[ocr errors]

"9. To determine on what footing shall be placed the "political and commercial relations of those portions of "our hemisphere, which have obtained, or shall obtain, "their independence, but whose independence has not "been recognized by any American or European Power, From these documents no man can deny that the Con

gerent States, and that its objects are essentially belligerent. These objects are not concealed, but are publicly avowed, and known to the world. It is to be an assembly of Confederates, differing very little from the old Congress under our Articles of Confederation, to which, indeed, it bears a striking resemblance.

Then follow the thirteenth and fourteenth articles, under which the Congress at Panama is about to assemble. Thirteenth, "Both parties oblige themselves to interpose their "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 GENERALÅSSEMBLY 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 COUNCIL" of 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 ConFebruary 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 further prosecution of the war, are to be there discussed and decided, our Ministers cannot take their seats in the Assembly without involving us, by that very act, in the contest. A strict and honorable neutrality must keep us out of any meeting not having peaceful objects exclusively. The Law of Nations, in this respect, cannot differ from those rules of municipal law, founded in the common sense of mankind—which involve, in a common guilt, all who associate with those engaged in any unlawful enterprise. It is not permitted to individuals, nor can it be permitted to nations, to excuse themselves for acting with those engaged in belligerent enterprises, by alleging that their own purposes are peaceful. Sir, I hold that if you go into council at all with such powers, you become answerable for all their acts. At this moment a case occurs to me that took place many years ago, in England, and which affords an apt illustration of this principle. Lord Dacres, a young nobleman of wild and irregular habits, associated himself with a party who were engaged in rob bing a Park-one of that party, without the knowledge or consent of Lord Dacres, killed the Game Keeper.

"1. To form a solemn compact, or league, by which the States, whose Representatives are present, will be bound "to unite in prosecuting the war against their common enemy, old Spain, or against any other Power, which "shall assist Spain in her hostile designs, or any otherwise assume the attitude of an enemy.

[ocr errors]

"2. To draw up and publish a manifesto, setting forth "to the world the justice of their cause, and the relations "they desire to hold with other Christian Powers.

"3. To form a Convention of Navigation and Commerce, "applicable both to the Confederated States, and to their "allies.

[ocr errors]

"4. To consider the expediency of combining the 'forces of the Republics, to free the Islands of Puerto Rico "and Cuba from the yoke of Spain, and, in such case, "what contingent each ought to contribute for this end. "5. To take measures for joining in a prosecution of "the war at sea, and on the coasts of Spain.

"6. To determine whether these measures shall also be "extended to the Canary and Philippine islands.

"7. To take into consideration the means of making ef

His

MARCH, 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 acBut an attempt is made to remove all our apprehensions "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 accompanies the President's Message of the 9th January, in answer to our call for information, transmits a mass of documents to show that our Government has invoked the aid of Russia; that the Emperor has interfered at our request; and that there is a flattering prospect of speedy and entire success. So says Mr. Middleton-so says Mr. Clay. But, Mr. President, it fortunately happens that the Senate, on the 30th January, made another call for information on this point, and the answer of the President, of the 1st of February, dispels the illusion entirely. The three letters of Mr. Everett, there disclosed, demonstrate that there is no hope, whatever, of a peace. The Minister of the Spanish Government, (Mr. Zea,) declares that the determination of the King, on that subject, is unalterable-he will stand upon his naked right, and look to Providence, should all other means fail. But this is not all. The Russian Minister concurs in the views of Mr. Zea, and the British Minister will not interfere. In short, it is proved by these documents that all hope of a peace is entirely at an end. The hopes raised by the message of the 9th of January are thus totally crushed by that of the 1st of February. This no gentleman will now question.*

that information on all these points was necessary-yes, absolutely and indispensably necessary-before we could prudently take a single step in the business. But, Sir, this ground has been altogether abandoned, and for reasons with which we have not been favored. The President has determined at once to send Commissioners to the Congress at Panama-without having obtained any information whatever on three of the points before deemed necessary, and on the other having received only partial, imperfect, and contradictory statements. As to "the substance" and "the form" of the powers to be given to the "Representatives," and the mode of the "organization of the Congress," we are without a particle of information-and in respect to "the subjects to be discussed," a few of them are specified, (and important enough they certainly are!) while, as to the rest, we are left to search for them in the regions of conjecture. If the President was right in the first instance, he must be wrong now. To my mind it is clear that he then took the true Constitutional ground-and having abandoned it without any reason, I cannot consent to go with him. Gentlemen whose faith in Executive infallibility is greater than mine, may be satisfied that the 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 ness) 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 Europe, and that we may thus be the means of destroying those whom we mean to serve and hope to save.

It is true, Mr. President, that, although we have not been furnished with this necessary information, yet, in relation to the organization and action of the Congress, we are enabled to glean a few facts from the correspondence before us, which shed some light upon the subject, and exhibit the Congress in no very favorable point of view.

But there is another question arising out of this, and almost of equal importance. What is to be the mode of the organization and action of this Congress? What is to 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 DEPUTIES, 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 "REPRESENTA should 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 documents on our tables. In Mr. Clay's letter to Mr. Obregon, dated 30th November, 1825, he says: "When at "your instance, during the last Spring, I had the honor, "&c. of conferring with you verbally, in regard to the "proposed Congress, &c. I stated to you, by direction of "the President, that it appeared to him to be necessary, "before the assembling of such a Congress, to settle be

go accredited to any sovereign State. They will not be Ministers to Colombia, within whose territory the Congress is to be convened; they must present their creden tials to the Congress itself, by whom their validity must be decided on, and the members admitted to their seats. It is only by the special provisions of the "Conventions," that the Deputies could claim the privileges and immunities 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 communicated-while 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.

« ZurückWeiter »