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until satisfactory information was received as to the subjects to which the attention of the congress would be directed; the substance and form of the powers to be given to the ministers; the mode of organizing the congress; and the mode in which the questions submitted to it, were to be decided. Amendments were also offered by Mr. Van Buren, declaring the proposed mission to be unauthorised by the constitution; and not within the scope of the powers granted to the federal government; and that it would be a departure from the established policy of the United States, and dangerous to the continuance of our friendly relations with the new American states, by creating expectations which congress would not ratify; and that the proposed advantages could be better attained, by the attendance of one of our ministers at either of the new governments, authorised to give explanations concerning the policy of the United States; but not to commit them, to any stipulated mode of enforcing that policy.

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These amendments were severally negatived by a vote of 24 to 19, previous to the rejection of the original resolution by the same vote. Mr. Reed, of Mississippi, was present; but was excused from voting because he had just taken his seat, and had not heard any part of the debate.

The nominations by the president, were then confirmed by the senate; and the injunction of secrecy removed from the journal of the senate, on the subject of the Panama mission.

A few days afterwards Mr. Benton, of Missouri, submitted a resolution to remove the injunction of secrecy, from all the messages and documents submitted in relation to that mission, and to cause the same to be published. This resolution was carried, by a vote of 33 to 3. It was remarked, upon this resolution, which did not seem to have been much considered at the time of its passage; that it involved the inconsistency of allowing to the senate, the privilege of making public, information confidentially communicated to that body by the president, without the consent of the executive. The ordinary understanding, between two parties to a confidential communication, is: that it shall not be communicated to a third party without their mutual consent; more especially, that it shall not be made public without the consent of the party, from whom the information proceeds. A departure from this plain rule, must necessarily destroy all confidence between men: as it implies a power in the party, to release himself at will from the obligation of secrecy. In this instance, the senate departed from this obvious maxim; but

the little opposition made to the resolution, proves, that the question was not considered; and that it was not regarded, as having been brought forward to embarrass the executive, in the performance of his constitutional duties. It had also been the practice for the senate, to publish the documents communicated to it at its discretion; but in no instance before had it made public, documents referring to negotiations about to commence, and concerning which, the executive had intimated his unwillingness to have them published.

The question as to the expediency of the Panama mission, having been thus decided; it was supposed the attention of the senate would be at last, directed to the public and private bills, which had now accumulated on its table to an unprecedented extent. It was soon discovered, however, that other views were entertained by a portion of that body; and to facilitate their attainment, a resolution, submitted by Mr. Branch, on the 28th of December, was transferred from the executive, to the legislative journal; and its discussion, with open doors, commenced. This resolution contained a protest against the ground assumed by the president, in his message, of the 26th of December, that the executive was constitutionally competent, to accept the invitation from the

governments of the new republics, to send ministers to the Panama congress. In the resolution, as originally offered, this ground was misstated; so as to make it appear, that the president had asserted the right to appoint and commission ministers, without consulting the senate; but when it was transferred to the legislative journal, the preamble was modified, so as to express the principle asserted, correctly. After a long discussion, which was made the vehicle of political denunciation, and of attacks upon the administration; the resolution was laid upon the table, by a vote of 23 to 21.

In this debate, Mr. Randolph took occasion, in his desultory manner, to stigmatize the secretary of state, for his vote in the late presidential election, in such terms; as to induce that gentleman to demand an explanation of the offensive epithets.

During the whole session, Mr. Randolph had been distinguished by a more than ordinary eccentricity of manner; so much so, as to produce a very general belief of the disorder of his intellect. The harangues with which he occupied the attention of the senate, on almost every question, were desultory and immethodical in their character, and of interminable length. In these speeches, he felt at liberty to introduce any topic;

and the more so, from the limitation which the vice president placed upon his own authority, as the president of the senate. By the construction which he gave to the rules of that body, he deprived himself of all power of calling a member to order; and decided, that he was only invested with authority to decide upon questions of order, distinctly presented to him, by some other member of the senate, in writing. The difficulty of preserving order in debate, by this method, was so obvious, that no question of order was presented for his decision, during the session; the senators invariably refusing to reduce the disorderly expressions, to which his attention was repeatedly called, to writing. Mr. Randolph availed himself of this state of things, to introduce into every debate, his remarks upon the politics of the day; and the consequence was, that the business of the nation was neglected; while he was permitted to engross the attention of the senate, by rambling and discursive harangues; in which, the dignity of congress, and the character of the country, were alike forgotten. It is to be lamented, that the vice president took this view of his powers, and his duties. It is true, that it was a new question; for never, until Mr. Randolph obtained a seat in that body, had the quiet and digni

fied character of the American
senate, been violated, by such an
unlicensed latitude of remark. Now,
however, it was distinctly present-
ed; and as an officer, elected by
the nation, "to preside over the
senate," it was clearly his duty, to
check all violations of decency and
order, in its deliberations.

In these discussions, Mr. Randolph so far forgot his station, as to denounce the harmony existing between the president and the secretary of state, as a "coalition of Blifil and Black George;" a combination of "the Puritan with the Black-leg."

These expressions he subsequently refused to explain, when called upon by Mr. Clay; and on the 8th of April, a meeting took place between them; which, after two ineffectual fires, resulted in the reconciliation of the parties. Much regret prevailed, throughout the country, that the secretary of state felt compelled to resort to this mode of settling controversies; not only on account of the sanction, which such authority gave to a practice, never justifiable, and but rarely excusable; but because, this formal notice gave to Mr. Randolph's remarks an importance, of which they were previously destitute; and furnished to his friends the evidence, upon which they mainly relied, to establish the sanity of his intellect.

In the house of representatives, early in the session, the leaders of the opposition manifested a wish, to bring every thing before the public, without giving the executive the ordinary discretion of deciding, whether it would be injurious to the pending negotiations of the government, or not.

On the 16th of December, Mr. Hamilton introduced a resolution, calling for information, relating to the Panama mission. This resolution, which contained the usual clause, excepting from the call such information as could not be communicated, without injury to the public interest; was laid on the table, at the request of the mover; where it remained until the 31st of January. It was then considered, at the suggestion of Mr. Metcalfe, of Kentucky. Upon its being brought forward, the mover said that he had suffered it to remain on the table, because he had been informed, by the chairman of the committee of foreign relations, (Mr. Forsyth,) that the president intended to transmit the information required without a call; and that he should not press the resolution now, lest it might appear like an attempt to act, through

public opinion, upon the senate e; where the mission had met with serious, and perhaps unlooked-for opposition. As it had been taken out of his hands, however, he dis

claimed any farther regard for its fate.

Mr. Cambreling, of New York, observed, that as the subject was of great importance, it was essential to have full information; and suggested to the mover to omit that clause, which excepted from the call such information, as could not be communicated without detriment to the public interest; which suggestion was acceded to by the mover. Mr. Webster, then moved, to restore that clause; and the house agreed to his motion.

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Other amendments were subsequently offered, by Mr. M'Duffie, and Mr. Rives, extending the call to information, so as to comprehend the substance of the instructions, proposed to be given to the American ministers; and the proposed objects of the mission. These amendments were accepted by the mover of the resolution, after the house had indicated its unwillingness to sanction such a departure from the ordinary calls for information; and in order,as he stated, to prevent these different changes of the question, and to give it a definite direction, Mr. Webster moved an amendment, which struck out the whole of the original resolution, after the word "Resolved;" and substituted a call for such information, respecting the character of the Panama congress, and the part to be taken in its deliberations, by the ministers

of the United States, as might, in the opinion of the president, be communicated without injury to the public. This amendment was carried; and a motion made, by Mr. Ingham, to leave out this discretionary power, on the part of the executive, was negatived, by a vote of 98 to 71. The resolution was then passed, by 125 to 40. This call for information, was not answered by the executive; until after the proposed mission had been sanctioned by the senate: thus completely refuting the insinuations, which had been freely made in the house, by the opponents of the measure; that the information was called for, in order to act upon the senate, through the medium of public sentiment.

On the 17th of March, he transmitted a message to the house on the subject of the mission; together with the information required by the resolution of Mr. Webster. This message (which will be found among the public papers, in the latter part of this work,) contained a full account of the situation of the American continent, which gave rise to the contemplated congress; a development of the system of the policy of the United States, and of their views, with regard to that congress. It was referred to the committee on foreign relations; which reported in favor of the expediency of the measure.

This report gave a very able exposition of the advantages of the mission; and an answer to the principal objections, which had been urged against it.

The committee regarded the congress at Panama as a body in which would be considered various subjects, embracing in general terms the political and commercial relations of the United States, with the new American republics,-that it was merely a meeting of diplomatic agents, clothed only with power to discuss and negotiate concerning these topics, and not to commit the governments appointing them to any definite coursethat the established principle of our diplomatic intercourse, was to maintain diplomatic relations with those powers, with whom we had political and commercial relations; and that that principle applied with peculiar force to the present instance,and required our representation at Panama.

To the objection that the attendance of the United States at the congress of Panama, would be unconstitutional; the committee replied, that there was no restriction in the constitution, on the appointment of foreign ministers by the proper authority. This objection proceeds on an assumption, that the congress at Panama is either a government, a branch of a government, or a confederacy of govern

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