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subject, I shall now notice that which I consider as of the least real weight; and that is, that other nations have not made it a subject of legislation. But other nations have made the exemption of foreign ministers from their civil jurisdiction a subject of legislation, as appears in Martens. And with respect to the criminal jurisdictions in cases of common crimes, it is remarkable that the same Martens says the English, for the want of an express law upon the subject, have departed from the usages of all other nations in this particular, and made foreign ministers amenable to their criminal jurisdiction.t Now, Sir, if the English nation are thus charged with a deviation from the practice of all other civilized nations, because they have not made an express law for acceding to it, surely no exception can be taken against us for making precisely such a law as England is said to want.

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The exemption of foreign minifters from the jurifdiction of the state is regulated in Holland by the ordinances of

This law, therefore, instead of a mark of singularity, must be regarded as a test of conformity. Instead of throwing us into a cor introduces us into the general cirner with the solitary exception, it cle of nations. derogation, but in explicit affirmIt is not in sullen ance of the general usage. no variation of our political comIt is ing of our needle to the real pole. pass; it is only the steady point

But a still more conclusive answer to this objection is, that oththis subject, because, conformably er nations have made no law upon to their constitutions, the act of sending home a foreign minister is in all cases an executive act; and of course an act requiring no legislative interposition. I have already shewn, Sir, that by our conconsidered as a legislative act; stitution, it must in some cases, be and hence arises a reason peculiar whole subject by legislative sancto ourselves for regulating the power to exercise it when it betion reserving to congress the of war, and leaving it in the hands comes equivalent to a declaration of the president when it is upon our own principles an act purely executive.

the States General, of 11 August, 1676, and 9 Sept. 1679; and of the States of Holland of 8 Aug. 1659, 30 July and 14 Aug, 1681. See the "Groot Placaat Boek" under date of thefe years. England, by act of parliament, 10 Ann, In ch. 7. In Portugal, by ordinance of 1748. Martens' Summary, b. vii. cb. 5, §. 3, n. b.

In the practice of the European nations we find, that in cafes of private crimes committed by a minifter, it is thot commonly fufficient to demand his recal, Though in England the want of an exprefe law feems to leave minifters with out fhelter from a criminal profecution. In the case of state crimes, it is thought fufficient to feize his perfon, while the fafety of the ftate is in danger, releafing and fending him home afterwards; even this extremity is not commonly reforted to, if the danger is lefs imminent, and if it will admit the expedient of fending away the minifter, or demanding his res cal. Martens' Sum. b. xii. e. 5. §. 189, 8, a

These, Sir, are the considerations deduced from the laws of nations and from our own constitution, upon which the bill was presented to the senate in its original shape; the amendment reported by order of the committee is entirely in the spirit of the bill, and only specifies the precise mode in which the order for the removal of a criminal foreign minister shall be executed. This section may perhaps be deemed expedient even if it should be concluded that the abstract power is unquestionably vested in the president. For even if he has the power without the

legalized organs of carrying it into effect, as to all purposes of publick benefit, the case is the same as if he had it not. It is, on this supposition, one of those authorities which require an orgick law to render it practical. Nor is this the only instance in which the constitution has left it in the discretion of congress to prescribe the manner of carrying its injunctions into effect. The very first law in your statute book is an example of the same description. The constitution had enjoined that all civil officers of the United States, and of the several states, should be sworn to its support, but had not particularized the manner of administering the oath; and the first act of the first congress under our present constitution was to provide the necessary regulation.

It may now perhaps be expect ed, Sir, that I should give some explanation of the more immediate circumstances in which the bill originated. And here, I am sensible that I tread upon delicate ground. So highly honourable and respectable is the office of a foreign minister, that to treat him with disrespect in common dis course, and still more in legislative deliberation, would be without excuse, were his own conduct altogeth er unexceptionable. Should the occasion ever happen that a foreign minister, by his own violation of all the common decencies of social intercourse towards the govern ment to which he was accredited, should forfeit every right to personal respect or esteem, still I hope, Sir, I should not forget the consideration due to the credentials of his sovereign; still I should think myself bound to observe all that moderation of expression which can be consistent with the sentiments of indignation, involuntarily excited in my breast by an insult

upon the government of my country,

Within a few days after the message of the president, at the commencement of the present session of congress was made publick, the Spanish minister addressed to the secretary of state a letter couched in terms which it cannot be necessary for me to particularize; and containing, not only strictures of the most extraordinary nature upon all the parts of that message respecting Spain, but complaints no less extraordinary at what it did not contain. Consider this procedure in its real light Sir, and what is it? A foreign minister takes to task the presi dent of the United States, for the manner in which he has executed one of the most important func tions enjoined upon him by the constitution. He not only charges him with misrepresentation in what he did say, but he presumes to dictate to him what he should have said. I forbear all comment upon this conduct, as it relates to the present chief magistrate. ask you, Sir, and I intreat every member of this senate to ask him self, what is its tendency as it re lates to our country? The constitution of the United States makes it one of the president's most solemn duties to communicate to congress correct information relating to the state of our publick affairs. In every possible case of disputes and controversies of right between the United States and any foreign nation, the minister of that nation must have an interest, and the strongest interest to give a gloss and colouring to the objects in litigation, opposite to the interest of our country. If, whenever the president of the United States, upon the high and solemn responsibility which weighs upon every act of his official duty, gives to

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congress that account of vur for- dictated by persons, not only looseign relations, which is necessary ed from all responsibility to our to enable them to adapt their meas-country, but bound in allegiance, ures to the circumstances for the in zeal, in duty, to the very princes general welfare of the Union, if a with whom we have to contend. foreign minister, under colour of The same control, which by this his official privileges, is to contra- mcasure is attempted to be usurpdict every part of his statements, ed over the acts of the president, to impeach the correctness of his will, at the next step, and by an facts, and to chide him even for easy transition, be extended to the his omissions, to what an abyss of legislature ; and instead of parcel. abasement is the first magistrate ling out the message among seve. of this Union to be degraded? The ral committees for their considerfreedom which a Spanish minister, ation, we shall have to appoint unreproved, can take to-day, a committees upon every part of the French minister would claim as a message relating to any foreign right to-morrow, and a British power, to wait upon the minister niinister would exercise, without of that power and inquire what it is ceremony, the next day. A diplo- the pleasure of his master that we matick censorship would be estab- should do. lished over the supreme executive That such is the inevitable tenof this nation, and the president dency, and the real intention of would not dare to exhibit to con- this proceeding will appear, not gress the statement of our nation- only from a due consideration of al concerns, without previously the act itself, but from a proper submitting his message for appro- estimate of its avowed motive, and balion to a cabinet council of for- from the subsequent conduct of eign ministers. Under the Brit- the same minister. He addressed ish constitution, the speeches of this letter to the secretary of state, the sovereign to his parliament not for the purpose of asking any are all settled in his privy council, esplanation, not for the purpose of and the royal lips are understood giving any satisfaction, not for any to give utterance only to the words of the usual and proper purposes of the minister. The reason of of a diplomatick communication, this is, that by the forms of their but, as he himself declares, for our constitution the sovereign himself governinent to publish, with a view is above all responsibility, and the to counteract the statements of the minister is the person accounta- president's message.

It was a ble to the nation for the substance challenge to the president, to en. of the discourse, delivered by his ter the lists of a pamphleteering master. In their practice, there, war against him, for the instruc, fore, the speech is made by tion of the American people, and hím on whom the responsibility the amusement of foreign courts ; rests.

But if this new assumption and, having failed in this laudable of the Spanish minister is submit project, he addresses, after the exted to, our practice will be an im- piration of forty days, a circular provement on the British theory, letter to the other foreign minis. of a singular cast indeed ; for, ters residing in the United States, while the responsibility will rest with copies of his letter to the secupon the president who delivers retary of state, as if these foreign the message, its contents will be ministers were the regular umpires

between him and our government. Holland in the years 1786 and Not content however with this ap- 1787, between the ministers of peal, he authorizes them to give Great-Britain, France and Prussia, copies of his letters to ensure that at the Hague, is gravely adduced publication with which our govern- as warranting this innovation of ment had not gratified him; and the Spanish minister here. The calls at once upon the American very reference to that time, place, people, and upon the European and occasion would of itself be a courts, to decide between the firesc sufficient indication of the intent at ident and him. Here too, Sir, I this time. In the years 1788 and beg gentlemen to abstract the par. 1787, the three powers I have just ticular instance from the gene- mentioned undertook, between eral principle of this transaction. them, not only to interfere in the The same act whích, under one internal government of Holland, set of circumstances, can only ex- but to regulate and control it accite contempt, under another be- cording to a plan upon which they comes formidable in the extreme. were endeavouring to agree. Their Of the newspaper appeal to the ministers therefore very naturally people, I say nothing. The peo- communicated to each other the ple of this country are not so dull memorials which they presented of understanding, or so depraved to the Dutch government. And in vice, as to credit the assertions what was the result? Two of those of a foreigner, bound by no tie of three powers fixed between themduty to them, the creature and selves the doom of Holland ; raisagent of their adversary, in con- ed a tyrannical faction upon the tradiction to those of their own of- ruins of that country's freedom, ficer, answerable to them for his and marched the duke of Brunsevery word, and stationed at the wick, at the head of thirty thoupost of their highest confidence. sand men, into Amsterdam, to But the circular to the other for: convince the Hollanders of the eign ministers, is a species of ap- king of Prussia's justice and genepeal hitherto unprecedented in the rosity. United States. And what is its This, Sír, is the precedent, calobject ? the information of their led to our recollection for the purcourts ; that the governments of pose of reconciling us to the huFrance and Great-Britain may miliation of our condition. We learn from hím the justice and are patiently to behold a Spanish generosity of his master.

minister, insulting the President It is probable that both those of the United States, dictating to nations, the ally and the enemy of him his construction of our constiSpain, have much better materials tution ; calling upon other foreign for estimating the justice and gen- ministers to countenance his preerosity of his Catholic majesty; sumption, and entrenching himself but what have they to do in the Behind the example of another nacase ? By an anonymous newspá- tiou, once made the victim of a per publication, the idiom of which like usurpation. The resemblance discovers its origin, a precedent is is but too strong, and will, I hope, alledged in justification of this ex- not be forgotten by us. If the traordinary step, and the recipro- constitutional powers of a Dutch cal communication of diplomatick Stadtholder were prescribed and Iñemorials concerning the affairs of moulded according to the pleasure, In my

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and by the interference of foreign would have been offered. powers, as undoubtedly they were, own opinion, the necessity for some let us remember the fact with a legislative provision upon this subdetermination never to be so con- ject, will force itself upon this govtroled ourselves.

It is held up

ernment with additional pressure to us as example. Let us take it from year to year, until it can no as warning.

longer be resisted. If foreign The subsequent proceedings of ministers are to possess in the the Spanish minister have been all United States an unbounded indein the same spirit with that, under pendence of all the tribunals of jus. which he presumed to call upon tice, while the United States on the president to enter the lists of their part are to be deprived of the altercation with him, before the ordinary means of self-defence, enpeople of this country. They joyed and exercised by all other manifest pretensions to which we sovereigns to check the abuse of ought not to submit ; which we those formidable privileges, the ought vigorously to resist. In his course of events will, in my belief, last letter to the secretary of state, at no very distant day, bring us he tells him, that he will receive into that unhappy dilemma, which no orders but from his own mas- will leave no other alternative than ter. Now if this has any mean- to infringe the laws of nations, or ing, it must be to deny the United to sacrifice our constitution ; to States the right of ordering him commit violent outrage upon the away ; that is, one of the most in- rights of others, or to make a dasdisputable rights of every sover- tardly surrender of our own. eign power.

When pretensions, Mr. President, I ask your forso destitute of all foundation, are giveness, and that of the senate advanced, it becomes us immedi- for having trespassed so long on ately to shew our sense of them : your and their indulgence. They not to resist them might be con- have now before them the princistrued into acquiescence. It is a ples and the motives on which the virtual dereliction of our rights not bill was first introduced. It is for to defend them when they are as- them to determine upon their jussailed.

tice and propriety. Should they I am indeed fully sensible that think that my feelings or prejuthe operation of the bill I have dices have exaggerated the evil for proposed, should it meet the sanc- which I am sincerely seeking a tion of congress, will not be retro- remedy, or that the remedy itself spective : that to what has passed, is liable to insuperable objections, no remedy which can now be pro- they will at once dismiss the vided will apply. But we may pre- subject from their deliberations. vent in future occurrences of a Should they on the other hand conlike character, and of much more sider the principle of the bill as dangerous consequence. We may admissible, they will fashion its prevent the spreading of an evil, details at their pleasure. To their which threatens the dearest inter- decision, whatever it may be, I ests of the nation.

We may pre- shall cheerfully submit, with the vent even the repetition of insults full conviction that it will be dictaand injuries, which, but for the ted by a pure and enlightened rewant of the regulations now pro: gard to the honour and welfare of posed, in all probability never our country.

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