1404 
 
 ^"^^ SPEECH 
 
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 OP 
 
 TTjovwi^ \^iirir 
 
 OF MISSOURI, 
 
 Btlftitttli in ti|^ %tmit of m WMXt'n St»U^, 
 
 (IN SECRET SESSION,) 
 
 ox TBS 
 
 MISSION TO FANAMA, 
 
 jMARCH 13, 1826. 
 
 WASHINGTON : 
 
 1826. 
 
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XNTRODUCTZON. 
 
 |Cr» The following note was received from Mr. Benton, with a 
 request to prefix it, with the articles of the treaty referred to, to his 
 speech on the Panama Mission: 
 
 Note.— The treaties between the Spanish American States, which provided 
 for an assembly of Plenipotentiaries at Panama, were drawn up in the Spanish 
 language, and communicated to the Senate in English translations, without ori- 
 ginals. Upon reading these translations, 1 believed them to be loose and inaccu- 
 rate, and expressed that belief to the Senate; and, eventually, this belief became 
 so strong, that 1 determined to ascertain the fact. For this purpose I addressed 
 a note to Don Jose Maria Salazar, the Colombian Minister, then at New-York, 
 and requested a copy of one of the treaties in their original language. The return 
 mail brought me his very polite answer, and a copy of the treaty between Co- 
 lombia and Guatemala. Tlie possession of this enabled me to discover errors ia 
 the translations, far more material to the character and powers of the assembly, 
 than I had before supposed ; and, to expose these, and do justice to truth, I shall 
 here annex, in parallel columns, the five essential articles of this treaty — those 
 which create this assembly, define its character, and prescribe its duties — putting 
 the original in the first column, the literal translation in the second, and the 
 translation sent to the Senate in the third. It is to be noted that I received thig 
 original copy after 1 had spoken in the Senate ; of course I cannot avail myself, in 
 the body of my speech, of the new advantages of fact and argument which this 
 paper has put within my power : but I shall have recourse to notes, in the proper 
 places, to throw in the facts and conclusions which I have derived from that 
 source. 
 
 JV. B. The five articles which create the assembly, define its character, 
 and presa'ibe its duties, are the same in every treaty ; and the variances seen in 
 the translations sent to the Senate, are the mere effect of loose and slovenly 
 translalation. 
 
 JVashington, March 30. 
 
 Original, 
 
 Anx. 15. Para estrechar 
 mas los vinculos que de- 
 ben unir en lo venidero 
 ambos estados, allanar cu 
 alquiera dificultad que 
 pueda presentarse o inter- 
 rumpir de algun modo su 
 buena correspondencia y 
 armonia, se formara una 
 asamblea* compuesta de 
 dos plenipotenciarios por 
 
 Literal Translation. 
 
 AiiT. 15. In order to 
 draw closer the chains 
 which ought to unite 
 both States in future, 
 to remove any difficulty 
 which may present itself, 
 or interrupt in any way 
 their good correspond 
 ence and harmony, an a$- 
 sembly shall be formed, 
 composed of two pleni- 
 
 Translation sent to the 
 Senate, 
 
 Art. 15. To «ement the 
 bonds of future union be- 
 tween the two States, and 
 remove every difficulty 
 that may occur to inter- 
 rupt their good corres- 
 pondence and harmony, 
 tliere shall be formed a 
 Coiiffrsss, composed of 
 two Plenipotentiaries from 
 
 • Asamblea, — This word, in tlie translation sent to the Senate, is rendered " Congress," wliieli is in- 
 correct, and leads to an idea essentially erroneous upon the character of the bo<ly. The word " Congress^' 
 in Spanish fo/i^rero, is a dipioinatic term, known to llie law of nations ; and signifying a mi eting of 
 l'leni2)0ienti;iries, for the purpose of treating for peace. The term asamblea, signifies Oisetnbly^ httS DO 
 ttiplcDiauc sense, and may be applied to a meeting of any kind, (vr liusioess or pleasure. 
 
cada parte eft los mismos 
 terminos y con las mismas 
 formalidades que en con- 
 formidad delos usos esta- 
 blecidos deben observarse 
 para el nombramiento de 
 los minlstros de igual elase 
 en otras naciones. 
 
 Art. 16. Ambas partes 
 ge obligan a interponer sus 
 buenos oficios con los go- 
 biernos de los demas esta- 
 dbs de la America antes 
 cspanola para eiitrar en 
 este pacto de union, liga 
 y confederacion perpetua. 
 
 Aht. 17 Lueg-o que se 
 hayaconseguido este gran- 
 de e importante objeto se 
 Tcunira una fsamblea jene- 
 xal* delos estados Ameri- 
 canos compuesta de susf 
 j)lenipotencir.rios con el 
 encarg^o de cimentar de 
 un modo mas solido y es- 
 table las rclaciones inti- 
 mas que deben cxistir 
 cntre todas y cada uno de 
 ellos y que lest sirve de 
 consejo en los grandes 
 conflictos, de punto de 
 contactQ en los peligros 
 comunes, de fiel interpre- 
 te de sus*i tratados publi- 
 cos cuando ocvu-ran difi- 
 cultades, y de juezU arbi- 
 tTQ y conciliador en sus 
 disputas y diferencias. 
 
 Anx. 18, Este pacto de 
 union, liga y confedera- 
 cion, no inteiiimpira de 
 mancra alguna el ejercio 
 de la soberania nacional de 
 cada una de las partes 
 contratantes, asi per lo 
 que mira a sus leyes y al 
 
 potentlaries for each par- 
 ty, in the same terms, and 
 With the same formalities 
 which, in conformity with 
 established usages, ought 
 to be observed for the no- 
 mination of ministers of 
 equal rank among other 
 nations. 
 
 Art. 16. Both parties 
 oblige themselves to in- 
 terpose their good offices 
 widi the Governments of 
 the other States of Ame- 
 rica, formerly Spanish, to 
 enter into this compact of 
 union, league, and perpe- 
 tual confederation. 
 
 Art. 17. As soon as this 
 great and important ob 
 ject may be obtained, a 
 geiieral assembly of the 
 American States, compo- 
 sed of their plenipotenti- 
 aries, shall convene, for 
 the purpose of cementing, 
 in a manner more solid 
 and durable, the intimate 
 relations which ought to 
 exist between each and 
 every one of them, and 
 which may serve them for 
 a council in great conflicts, 
 for a point of union in 
 common dangers, for a 
 faithful interpreter o? their 
 public treaties when diffi- 
 culties occur, and for 
 judge-arbitrator, and con- 
 ciliator, in their disputes 
 i^pd differences. 
 
 Aht. 18. This compact 
 of union, league and con 
 federation, shall not inter 
 rupt in any manner the 
 national sovereignty of 
 either of the contracting 
 parties, as well as in what 
 concerns their laws, and 
 
 each contracting party, 
 who shall be appointed 
 with the same formalities 
 PS are required by esta- 
 blished usages in the com- 
 mission of ministers of 
 equal character among o- 
 ther nations. 
 
 Art. 16. The contract- 
 ing parties oblige them- 
 selves to interpose their 
 good offices with the o- 
 ther ci-devant Spanish 
 States of America, to in- 
 duce them to unite in this 
 compact of perpetual u- 
 nion, league and confede- 
 ration. 
 
 Art. 17. As soon 
 as this great and im- 
 portant object shall be 
 accompUshed, a general 
 Congress shall be assem- 
 bled, composed of Pleni- 
 potentiaries from the A- 
 merican States, for the 
 purpose of establishingion 
 a more solid basis, the in- 
 timate relations which 
 should exist betwen them 
 all, individually and col- 
 lectively, and that it may 
 serve as a council in great 
 events, as a point of union 
 and common danger, as a 
 faithful interpreter of pub- 
 lic treaties when difficul- 
 ties may arise, and as an 
 arbitrator and conciliator 
 in their disputes and dif- 
 ferences. 
 
 Aht. 18, This compact 
 of union, league and con- 
 federation, shall not affect, 
 in any manner, the exer- 
 cise of the national sover- 
 eignty of the contracting 
 parties, in regard to their 
 laws and the establish- 
 
 ' Asmnbleajcrierol. — These words in tlie same ti"i»nslation are rendered general fen^rcw, and are 
 wscntially erroneous, as !>!iewii above. 
 
 + Suj.— Tliis possessive proiiovin is not translated at all in the version sent to the Senate. Its omission 
 is lnclil>' material ; for it is, in this place, a « o.-d of limitation and ivstriction. It signifies their. Pi-e- 
 "fixeS to'plenlpolentiaijts, as it is done in the true translation, and its effect is immediately perceived. 
 
 X L«.— Not translated. It is a small word, but a master one in this place. It tells for whom this 
 roiincil is to act. It limits and confines it to them, the Spanish American States who join the confedc- 
 Tatinn. 
 
 § Sus.—K second lime not traiislated in the copy sent to the Senate. 
 
 11 Jttcz.— 'Sal translated. It signifies Jxiilgc, and combines with the word arhitro. The latter alone is 
 Translat«'d,,«nd rendered arbitrator. The phrase Jiicz nrbitro, in Spanish, and J'i/,'e arbifre, in French, 
 IS common to those two languages, and well known as a law term, inipoiting judicial character. It ma; 
 Ibe rendered| in t.RSl^%li,judge-arbiCrator. 
 
estableclmiento y forma 
 de sus respectivos gobier- 
 nos, como por lo que hace 
 a sus relaciones co las de- 
 mas naciones estranjeras.* 
 
 Aut. 19. Siendo el Ist- 
 mos de Panama una parte 
 integrante de Colombia y 
 el mas adecuado para a- 
 quella agusta reunion, es- 
 ta Republica se compro- 
 Hiete gustosa.mente a pres- 
 tar a los plenipotenciarios 
 que compongan la assam- 
 blea de los estados Ame- 
 ricanos todos los auxilios 
 que demanda la hospitedi- 
 tad entre pueblos herma- 
 nosf y el caracter sagra- 
 do e inviolable de sus per- 
 sonas. 
 
 the establishment and 
 form of their respective 
 Governments, as in what 
 affects their relations with 
 o\h&v foreign nations. 
 
 AnT. 19. The Isth- 
 mus of Panama being an 
 integral part of Colombia, 
 and the most suitable for 
 that august assejriblage, 
 this Republic, with plea- 
 sure, obliges itself to ex- 
 tend to the plenipotentia 
 ries which may compose 
 the assembly of the Ame- 
 rican States, all the aids 
 which hospitality among 
 brotherly people, and the 
 sacred and inviolable cha- 
 racter of their persoirs 
 demands. 
 
 mcnl and form of their re- 
 spective Govenmicnts,nor 
 in regard to their relations 
 with other nations. 
 
 Anr. 19. As the Isth- 
 mus of Panama is an inte- 
 gral part of Colombia, and 
 the point best suited for 
 this august assembly, tliis 
 Republic freely engages 
 to afford to the Plenipo- 
 tentiaries of the American 
 States composing it, all 
 the atentions which arc 
 required by hospitality a- 
 mong sister States, and 
 by the sacred and inviola- 
 ble character of their per- 
 sons. 
 
 * Estranjeras.— liot translated. It A^mfKsJ'urc'ign, and qualilics tlm iionu navioncs—waUuiK. 
 
 t Pueblos fiermanos.—Jivoihetiy people— rendered, sister states, in the translutioii sent to the Senate. 
 
 Note. — The word congreso never occurs once in the treaties ; it is always, 
 asamblea. To those who know an}' thing of the punctiliousness of the Spanish 
 character, the reason will be apparent : the treaties had used the term plenipo- 
 tentiaries, which is diplomatic ; but the plenipotentiaries v/ere to convene for a 
 purpose not diplomatic, and hence the regular use of the word assemblij. 
 
 The word costgreso has two meanings in Spanish, — 1. Junta de nmclios ir.i- 
 •nistrospara tratar y ajustar las paces entre principes, orepnblicos. — 2. Ayvntami- 
 ento dehombre y muger. — In French it has the same two meaRings: — CoNonKs : 
 1. Assemble de ministres potir trailer de la paix. — 2. Epreiive de la pclssaiice on im- 
 puissance des gens maries. — Now, as the assembly at Panam.a was intended for 
 neither of these purposes, the use of a term which might have raised a false im- 
 plication to that effect, was carefully avoided. 
 
 )#ffflj 
 
 Mk. BENTON, of Missouri, addressed the Senate as Tollows : 
 
 Mr. President : I had not expected to speak in this debate; and 
 if I had spoken among- the first it would have been on a different 
 side from that on which I now appear. Before I had examined this 
 question, I was willing to have voted for this Missiuji, such as I sav/ 
 it represented to be in the President's message, and in t!ie publica- 
 tions of the day. But time and reflection have done their office. Th" 
 report of our Committee on Foreign Relations, when read at the Sec- 
 retary's table, set me a thinking, and the subsequent study of tlie 
 refiort, and of the treaties which create this Congress, have wrouerht 
 
a decided change in my mind. I am now ready to vote against the 
 Mission, but do not wish to vote upon the Resolution reported by 
 the Committee, because a vote upon that will not express my exact 
 opinion, and because it contains a word, strictly correct, I admit, but 
 calculated to lead undisciplined minds, in this age of loose talking, 
 to an erroneous and false conclusion. Thus, I am laid under a sort 
 of necessity to submit an amendment. The submitting of this, lays 
 me under an absolute necessity of exposing my reasons fordoing 
 SO; and the exposition of these reasons, presents me as a speaker 
 in a case in which I had expected to act no other part than that of 
 a juror in his box. But the Senate need not to be alarmed. I do 
 not premeditate a speech of formal parts against them ; for it is no 
 time now for exordium and peroration. In this last hour of a long 
 debate, nothing can be tolerated but a straight forward argument of 
 facts and conclusions, reasons and authorities. The politeness even 
 of this Senate, can endure no more; and, with this^ conception 
 of my duty, I proceed immediately to the discharge of it. 
 
 The Senate is called upon, as tlie Constitutional adviser of the 
 President, to give its opinion to him upon his proposition to send 
 Ministers to the Congress of the Spanish American States assembled 
 upon the Isthmus of Panama. 
 
 The circumstances out of which this proposition has grown, as 
 disclosed to us in the President's communications, are these : A 
 conditional invitation to send representatives to this Congress was 
 made to this Government last spring, and conditionally accepted by 
 it. The Ministers of Colombia and Mexico, two out of the five pow- 
 ers which compose the Congress, made known to our Secretary of 
 State, in an unofficial conversation, the wishes of their governments 
 that the United Slates should be represented in that assembly of the 
 States of the two Americas; and the President, upon receiving the 
 Secretary's report, expressed his willingness to send the represen- 
 tatives requested, upon condition of receiving satisfactory informa- 
 tion upon four preliminary points which he designated. This might 
 be in the months of April or May last, for they are both Spring 
 months, and the time is not otherwise indicated than by a reference 
 to tlie season. The Summer then passed away, and the Autumn 
 also, without hearing more upon this subject; but the commence- 
 ment of Winter, the month of November, brought up the Ministers 
 again, reinforced by the Envoy from Guatemala, with an invitation, 
 in form, to send the representatives which had been conditionally 
 invited in the Spring, and without having complied with the con- 
 ditions stipulated for by the President. This took place on the 2d, 
 Sd.aiid 14th of November; and, on the 30th of the same month, six 
 days before the meeting of the Senate, the President accepted, un- 
 conditionally, the invitation which he had accepted on condition in 
 the month of April or May preceding, and without a compliance 
 with his own stipulated terms, or an excuse for the non-compliance 
 with them. The annual message of tiie 6th of December, made 
 I<nown to the two Mouses of Congress the fact of the invitation, of 
 the acceptance, and of the President's intention to commission and 
 send forth the Ministers. The annunciation of this design arrested 
 the public atietition, set people to thinking and to talking, and in the 
 
same identical time in which a thousand heads were at work to 
 ihake " reconciliation and peace" between this declared intention of 
 the President on one hand, and the Constitution of his country on the 
 other, another message was received by the Senate in secret sitting, 
 in which the President directly and unequivocally asserted his 
 *' Constitutional comf)etency," to institute the mission, without the 
 advice and consent of this body. 
 
 The further declaration in the same liiessage, that he had not 
 *' thought firofier" to take any step in this business, without ascer- 
 taing the Senate's opinion of its " expediency " expressed upon the 
 <' nominations^'* contains no qualification of the asserted right ; and 
 to suppose that the Senate would not take the distinction between 
 the assertion of a right, and the effect of a condescending temper, 
 would be to suppose them intellectually incompetent to pass judg- 
 ment upon that claim to ^^constitutional competency " which the 
 President had so openly and boldly set up. The message^ thus com- 
 municated, has given rise in this Chamber, to two resolutions ; the 
 one submitted by the Senator from North Carolina, (Mr. Branch,) 
 the other being the one reported by our Committee on Foreign Re- 
 lations. These two resolutions confront the double aspect which 
 the message wears. The first is not at this time before us; the. 
 second is ; and to the consideration of this resolution I will now 
 proceed. 
 
 (Here Mr. B. took up the resolution and read it.) 
 
 *' Retolved, 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." 
 
 To the terms of this resolution I have two objections; Jirst, to the 
 words "a/ this time" which seem to imply, that it may be expe- 
 dient to send Representatives to this Congress at some f'uture time^ 
 but without indicating when, or upon what contingency. I think it 
 probable that the committee and myself are of accord in the belief 
 that this time, and contingency, will never arrive ; but, as the con- 
 trary is possible, I prefer to make that certain which they have left 
 to implication, and to specify the conditions on which I might here- 
 after give my advice and consent to the institution of the mission. 
 
 The second objection is to the adjective " any" preceding the word 
 " ministers" It is a small objection, and apparently not worth taking, 
 and if the resolution was to be read by none but those who drew it, 
 and those who now hear me, I should not take it. But the reading 
 of it will not be confined to such as these. It will spread through 
 the two Americas, and fall under the eyes of many who will not un- 
 derstand the difference between ministers and commissioners, and 
 who may suppose that the committee, and those who support theii' 
 resolution, have set their faces against sending any description of 
 agents to the Congress *at Panama. This is not the fact, and to 
 prevent an erroneous conclusion from being drawn by those who are 
 Tiot accurate in the use of language, I have thought it best to object 
 in the use of this little adjective " any," and to drop it in the propo- 
 sition of amendment, which I now submit. 
 The Amendment. 
 
 Jttsolved, That the Senate cannot advise that it is expedient for the Govern- 
 Jneat of the United ^ates to send Ministers to the Congress of American Statas 
 
8 
 
 at i'anaraa, before it shall have received satisfactory information upon the follow- 
 ing points : First, Tlie subjects to which the attention of the Congress will be 
 directed. Secondly, The substance and the form of the powers to be given to 
 tiie respective Representatives. Tldvdly, The mode of organizaing the Con- 
 greiw. Fuurthly, The mode of action in deciding the questions which may be 
 sul)niitted to it. 
 
 The terms of this amendment, Mr. President, pre-suppose tbe 
 fact, that the Senate is without satisfactory information upon the 
 points indicated ; and this pre-supposition I hold it to be true. For 
 the establishmeut of this truth, I refer to the President's Message, 
 the letters of the Secretary of State; those of the Ministers from 
 Colombia, Mexico, and Guatemala; aud the speeches of all the 
 gentlemen who have spoken in this debate. All these differ among 
 themselvss, more or less, upon every essential attribute of the Pana- 
 ma Congress, and upon every leading point in the character and 
 duties of our proposed ministers to it. The character of the Con- 
 gress itself, whether diplomatic, legislative, judicial, or merely " ad- 
 visory ;" the character of the representatives to it, whether Minis- 
 ters, Deputies or Judges ; the subjects upon which they are to de- 
 liberate; the mode of acting, whether as a council merely, a con- 
 gress of deputies, or an assembly of diplomatic ministers; all are 
 fruitful sources of inconsiistenl and contradictory opinions, running 
 foul of each other, and differing more or less from the treaties which 
 wouid govern and control all. The report of the Committee points 
 out many of these differences; the labor of gentlemen who haveprece- 
 ■<ied me, have detected many others ; and enough yet remain for my 
 enumeration to exhaust your patience in listening and my strength 
 in detailing. The task will not be undertaken, but a few of the 
 most glaring and prominent differences, omitted by others, will be 
 seized upon and presented by me. First, upon the character of the 
 Congress. The President treats it as a diplomatic assembly for the 
 negotiation of treaties in the ordinary form ; the Colombian Minis- 
 ter considers it a Congress which is to '■^Jix" principles and " de- 
 termine" cjuestions of national law. The Mexican Minister treats 
 it as a council of war, which is to give the greatest effect to the 
 military operations of the confederates ; the Senator from Rhode 
 Island (M. Robcins) declares it to be a mere advising council, with- 
 out power to nei^otiate a treaty, or to enforce obedience to its ad- 
 vice ; and the Senator from Louisiana, (Mr. Johnston) looks upon 
 it as a Committee of Public Safety, in which questions of common 
 interest may be discussed, but nothing decided, nor any treaty ne- 
 gotiated. Next, as to the subjects of deliberation in the Congress. 
 -Upon this point, the greatest discordance prevails in the enumera- 
 tion given by each. The Senator from South Carolina (Mr. Hayne) 
 has clearly exposed these inconsistent and contradictory catalogues » 
 and I will not impair the force of his statement by a lame and im* 
 perfect recapitulation. — Then, as to the powers of the ministers. 
 These would seem to result, of course, from the subjects upon 
 which they are to act, and as these are unknown, so are the powers 
 undefined and undeiinable. The ministers from C9lombia and 
 Mexico entreat us to clothe our envoys with '■'■full powers — amfile 
 /loivei-s." The President invests our envoys, and presumes the en- 
 voys, of the other States to be invested, with power to negotiatje 
 
9 
 
 treaties; while the Senators from Rhode Island and Louisiana, who 
 support the President, utterly deny any such authority to any of the 
 ministers. Upon the organization of the Congress, its mode of act- 
 ing, and of deciding questions, there is no contrariety, because no in- 
 formation has been given, or opinions expressed. The ministers of 
 Colombia, Mexico, and Guatemala, after taking from May till 
 November to answer the President's interrogatories, return him no 
 ansvi^er upon these three points nor any excuse for not doing so. I 
 refer to all these contrarieties, at this time, Mr. President, not for 
 the purpose of showing them to be erroneous— that will be done 
 when I shall come to the analysis of the treaties themselves— but 
 for the purpose of showing the contrariety itself, and of proving, 
 by this single fact, the truth of my position, that we are without 
 ^^satisfactory information" upon the character, powers, and duties 
 of this Congress. Having done this, I proceed to inquire: 
 
 Is this information necessary to us ? 
 
 The affimative of this inquiry, it does seem to me^ results front 
 the nature of the thing which we are required to do. The President 
 has called upon us for advice ; the Constitution makes it our duty 
 to give it. But, to give it in the spirit of the Constitution, we must 
 first be informed ourselves upon all the circumstances of the case 
 concerning which the advice is required. This is the natural course 
 and order of things, even in the ordinary transactions of life. No 
 prudent man gives advice to his neighbor) without Srst acquiring;^ 
 exact information of that neighbor's situation. No honest lawyer 
 will give advice to his client, without the exercise of a like precau- 
 tion. And shall we, the Senators of the United States, required, by 
 the Constitution, to be thirty years of age, to ensur-e our arrival at 
 years of discretion, and vested with ?. tenui'e in offic'C longer, by one- 
 third than that of the President, to inspire us with independence- 
 shall we, the Senators of four and twenty State?.—- act without dis- 
 cretion and without independence in giving advice upon the affairs 
 of ten millions of people ? Reason would say, no ! But we are not 
 left to reason and argument even upon a point so plain. We have 
 authority, and that of the highest order, for insisting on the justice 
 and reasonableness of our request. It is the authority of the Presi- 
 dent himself, acting upon the identicial case now before us, and com- 
 municated to the Senate by himself, in his confidential message of 
 December 26th. 
 
 [Here Mr. B. read a passage from Jlr. Clay's report, in which the Secretary 
 Informs the Ministers from Colombia and Mexico, that the President held it to be 
 " necessary, before" he could accept the invitation to send Representatives to 
 Panama, to arrange '♦ several preliminary points, such as the subjects to which 
 the attention of the Congress would be directed, the substance and form of the 
 powers to be given to the respective Representatives ; the mode of organizing 
 the Congress, and its mode of action."] 
 
 Compare the terms of my amendment, Mr. President, with the 
 terms of the report just read, and you will find them to be identi- 
 cally the same, to a word, and even to a letter. One is a fac-simile 
 of the other. My amendment, is a mere re-occupation of the ground 
 which the President took, as I conceive, with judgment, in May, 
 and which he abandoned, without any reason that he has seen fit to 
 assign to the Senate, in Noveijiber following; -?.nd I mtvst b^i^enirtt- 
 
10 
 
 led to argue, that the same " satisfactofy information*^ which wa't 
 necessary to him, before he would accept, the invitation to send 
 ministers, is equally necessary to the Senate, before it can advise him 
 to send thera. 
 
 But, sir, we are placed in a strait. The President exacts our ad- 
 vice, and refuses us further information. The gentlemen in support 
 of the Administration, back the President in this course of conduct, 
 and even deny us the short respite of an adjournment. We are in 
 the condition of a petty jury in a case of homicide, or larceny, 
 lecked up, sir, night and day, restricted to the enjoyment of candle 
 and water, and not permitted to separate until the verdict shall be 
 rendered. — This is a new viray of getting advice from the Senate.— 
 The oldest members say they never saw the like of it before, not 
 even during the war, when the dangers of the country required the 
 most arduous sittings ; but, after what we have seen, we are all 
 prepared for any extremity. 
 
 The fact being established, that the Senate has not satisfactory in- 
 formation upon which to act, and being nevertheless forced to act, I 
 shall proceed to examine what we have got, and prove from this that 
 the United States ought not to entangle itself with the Congress of 
 the confederated States of Spanish America. 
 
 The most innocent character in which this Congress has been pre- 
 sented to us, is that for which we are indebted to the ingenious 
 speech of the Senator from Rhode Island, (Mr. Robbins,) — that of a 
 mere advising council. Taken in that sense, and it is ?. council of 
 war, deliberating upon the plan of a campaign— meditating the in- 
 vasions of Cuba, Porto Rico, the Philippine Islands, and the Ca- 
 naries. Its essential character is belligerent, and to go into it as an 
 " associate" is to partake of that character. 1 take a distinction 
 between going, in the ordinary diplomatic form, to the sovereignty 
 of a country which is at war with another, and going into a council 
 of war for directing military operations, such as this is. The one 
 may be consistent with the neutral position, the other is utterly in- 
 compatible with it. Gentlemen betray their sensibility to this fact, 
 when they allege, in mitigation of our conduct, that we go to dis- 
 suade the confederates from invading the possessions of Spain. If, 
 in reality, they go for that purpose, they will be very unwelcome 
 counsellors to those who are determined upon that invasion, and who 
 are collecting all possible means to give it the greatest possible effect. 
 And Spain — what will she say to our excuses and apologies? She 
 may disbelieve them, and, in that case, she will consider us as the 
 " associate " of her enemy ; or, she may affect to credit them, and 
 make them the ostensible ground-work of a gracious act of amnesty 
 and oblivion of our offence. They cannot be received in justifica- 
 tion ; for associates in any illegal purpose are guilty in equal de- 
 grees, without regard to the particular part which each may have 
 acted. A plea, that part of the associates did not concur in the crimif 
 nal act, rises no higher than to establish aclaim for pardon- — a claim 
 which, the Senator from South Carolina, (Mr. Hayne,) has showa 
 you, a King of Great Britaia refused to recognize in a peer of the 
 realm. 
 
li 
 
 1 
 
 The advising^ power is a high one. It cannot be assumed by n,a- 
 Vions or individuals. Between them, consent alone can give it ; b^ 
 tween functionaries, the law alone can confer it; but, wherever it is 
 given by consent, or conferred by law, a high moral and honorary 
 obligation is contracted, by all the parties concerned, to conform to 
 such advice. Nothing but fraud, imposition, or change of circum.' 
 stances, can justify a want of conformity ; all of which are grounds 
 of extreme delicacy to be assumed between nations, and yet the only 
 ones which the dissentient party can plead with honor. If we go 
 into council with these nations, we must either follow the advice 
 given, or reject it. If v/e follow it, then the free deliberations of our 
 Congress here are trammelled and controlled by tlve Congress at 
 Panama. If we reject it, we must either dissent in silence, and in- 
 *ur the imputation of perfidy, or come out with reasons which' may 
 impeach the honor of our associates, and draw upon us the serious, 
 consequences of their resentment. Upon this subject, we already 
 have some experience with one of these powers. A convention for the 
 suppression of the slave trade was negotiated with Colombia in 1825, 
 sent home for ratification, and rejected by the Senate in the undis- 
 puted exercise of its constitutional power. Yet, Colombia is dis- 
 satisfied at this rejection. Her minister here has adverted to it m 
 terms which cannot be misunderstood, and has even proposed it for 
 the consultation and advice of the Congress at Panama I The de- 
 cision of the American Senate to be overhauled by the Congress at 
 Panama!* Suppose v/e agree to this proposition. The result is easily 
 foreseen. The decision will go against us, five to one. Then we 
 must submit; the American Senate must conform ; the resentment 
 of the confederate Powers will be held up to alarm us ; and if we do 
 not yield to that argument, the effect of the resentment itself will 
 surely be incurred. 
 
 The maxims of prudence are the same among individuals and na- 
 tions. Neither can become too intimate with the other, without dan- 
 ger of breaking up all friendship between them. The sweetest wine 
 make the sourest vinegar ; the best of friends become the worst of en- 
 emies ! No feuds so bitter as those of families ; no cause of quar- 
 relling so common as intimacy over-much 1 No peace-maker half 
 so powerful as distance, independence, and complete separation of in- 
 terests ! and, to my mind, there is infinitely more danger of making 
 enemies than there is chance for gaining friends, in this project 
 of going into this ^^ advising council y" to mix up our affairs With 
 those of half-a-dozen foreign nations. 
 
 I say, Mr. President, the advising power is a high one : It is little 
 less than a power to control and govern the event. The President 
 has no power to advise this Congress ; he can only recommend ; and, 
 iittle as a recommendation was intended to influence our delibera- 
 tions, we all know and see its potent and almost irresistible effect. 
 Shall we take advice, then, from abroad ? May the President go 
 abroad for that advice which he cannot obtain from this Senate, — 
 his constitutional advisers — and then deliver it to this Congress, with 
 
 • The President, in his Message to the House of Representatives, declares the 
 fact, that this question, although decided by the .Senate, is to be madft thai sufa. 
 ject of fresh deliberation at Pan-ama ' 
 
Id 
 
 the ftption, ©n our pai't,of following this foregn advice, or of incurring 
 the resentment of all these Powers, in addition to his own, if we do not 
 act as desired ? The iStates of this Union have a right to send us their 
 opinions; but have we aright to send ministers abroad to get other 
 opinions to overrule, or even to confirm their instructions ? 
 
 But, Mr. President, this is a council for something more than con- 
 sultation and advice : it is for deliberation and action ; it is a council 
 in the sense of the Amphictyonic, that council which Bolivar had in 
 his eye when he declared that the /«?Am«s of Pamama would become 
 more celebrated in history than that of Corinth. The only place in 
 the treaties in which the Congress is mentioned as a council, an- 
 nounces it to be a tribunal for the decision of questions in the last re- 
 sort, and without the power of appeal. It is to be an arbitrator* of 
 differences among the States; an interpreter of their treaties; a 
 •rallyiug point in common dangers ; a council in great events ; a 
 council of war, in time of war, — of peace, in time of peace. What 
 else can this imply but a power to decide, and to enforce obedience? 
 The power to enforce the decision results from the right to decide. 
 So ^AXiX xhft Federalist^ speaking of our Congress of '78. But our 
 Congress was restrained from putting refractory States to the Ba?i 
 because it was limited to the exercise of powers, ^^ exfiressly" 
 granted. This restriction upon the exercise of a power resulting 
 from the nature of the confederation, and held by some to be neces- 
 sary to its preservation, (^General Hamilton, in the Federalist) was 
 given as the illustration of the necessity of omitting the words, " ex- 
 XRKssLY delegated^' in our Constitution. The treaties of the Spanish 
 American States contain no such restriction, and the ^awof the con- 
 federates will be as naturally resorted to by the majority in the 
 Panama Congress, as it always has been by the majority in the Diet 
 of Ratisbon or Frankfort. 
 
 Keeping steadily in view the double aspect under which this Con- 
 gress has been presented to us, we have next to inquire, whether it 
 constitutes "a diplomatic assembly," with power to negotiate treaties 
 in the ordinary form ? The President, in his message, evidently 
 holds the affirmative of this inquiry : the two Senators who support 
 him with their voice on this floor, (Messrs. Robbins, of R. I, and 
 JoHNsroN, of Lou.) maintain the negative. These gentlemen call it, 
 sometimes, a diplomatic assembly, but deny its power to negotiate 
 a treaty. Strange diplomatists, indeed, who cannot do the only 
 thing which confers the title of diplomatic I For complimentary 
 embassies are unknown to these United States ; they belong to the 
 crowned heads of the Old World, and with us, the power to negotiate 
 treaties is the essential and indispensable attribute of the diplomatic 
 character. 1 hold these gentlemen to be in error upon this point, 
 and the President also. The respect which 1 owe to him and to them 
 requires me to state the grounds of their opinions, with all possible 
 candor, and to advance my own arguments in opposition, with ail 
 the diffidence which is compatible with a firm reliance upon their 
 truth. 
 
 The articles in the treaties which are relied upon to establish the 
 diplomatic character of this assembly; are 13th and 15th, in the treaty 
 
 ♦ See the original treaty, and the true translation.-^/Kfl(j"«-«rWlr<i<or; 
 
IS 
 
 between Colombia and Mexico ; 15th and 19th, in that of Colombia 
 and Guatemala; 1st and 3d, in that of Colombia and Peru, and 12th 
 and 1 5th, in that of Colombia and Chili. These treaties were drawn 
 in the Spanish language; the originals are not sent us; and some 
 variations may be detected in the translated versions of the articles 
 referred to. But the variations are the evident effect of loose and in- 
 accurate translation; and, in selecting two articles for the ground 
 ■work of the opinions which I combat, I shall take those which the 
 gentlemen themselves would be most apt to select. 
 
 l^Mr. B. then read articles \2th and ISth in the treaty betiveen Co- 
 lombia and Guatemala.^ * 
 
 Article 12. — " To strengthen the bonds of future union between the two 
 States, and to prevent every interruption of their friendship and good intelli- 
 gence, a Congress f shall be formed, to which each party shall send two Pleni- 
 potentiares, commissioned in the same form and manner as are observed towards 
 Ministers of equj] grade to foreign nations." 
 
 Article 15. — " The Isthmus of Panama being an integral part of Colombia, 
 and the most suitable point for the meeting of the Congress, t this Republic 
 promises to furnish all the facilities demanded by hospitality amongf a kindred 
 People, and by the sacred and inviable character of Ambassadors " 
 
 Upon the first of these articles, it is insisted that the Represen- 
 tatives in this Congress have the name and commission of Pleni- 
 potentiaries; and in the second, that they have the privileges of Am- 
 bassadors. Upon these expresssions have been erected the claim of this 
 Congress to the character of diplomatic. I deny, on the contrary, tiiat 
 the "names" "commission," or "privilege," decide the character of 
 the ministers which may wear them. Names are arbintiry, and 
 imposed at will ; but the duties to be performed, announce the real 
 officer, and define his character. The name of Consul is known 
 to our Constitution, but it gives no right to the lictors s.n6 fasces j 
 and the person who wears this proudest of the Roman titles, is con- 
 demned, by the nature of his duties, to remain in the humble con- 
 dition of a commercial agent. But to come to the point at once, 
 and to meet the gentlemen with an authority more potent than reason. 
 
 Martens lays it down expressly (book 7, chafi. 2. sec. 6.) that there 
 are — 
 
 •• Ambassadors and other Ministers who are at the same time Deputies, and 
 also simple Deputies, who cannot claim the rights of embassy, because they are 
 liot vested with the rights of Ministers." " That many towns in Spain and 
 Italy have a right to send Deputies to their own sovereigns, to which Deputies 
 they give the title of Ambassadors : but they have the title only ; they can claim 
 none of the rights of Embassay." " That Ministers sent to a Congress arc some- 
 times called Deputies ; but this name neither adds to, nor takes from the quality 
 of Minister, with which they may be vested at the same time." 
 
 Thus it is shown, Mr. President, that Defiutiesin Spain frequently 
 wore the title of .Embassadors, without having any pretension to di- 
 plomatic character; that Ministers to Congresses might be nothing 
 but Defiuties, or -vice versa, that the name of Minister would add 
 
 * See the originals, and the true translation, at the beginning. 
 t Seethetrue translation of this word, " osa7n6fea, in the original, not " con- 
 ^tego." 
 
 ^ Same remark.- 
 
H 
 
 nothing to the De/iuey, nor the name of Defiuty detract any .thing 
 from the Minister. Then, we may conclude that these Spanish 
 American States, in giving the name of Flejii/iotentiariea to their 
 Deputies^ were acting upon a usage with which they were familiar 
 in old Spain; and I will very soon show you, that in giving this name, 
 they neither gave, nor intended to give, diplomatic functions or 
 character. 
 
 For this purpose I take up the second of the articles which I 
 have read, article 15th of the treaty last referred to. Thj* article 
 stipulates for the rights of hospitality, and for the inviolability of 
 person, due to the character of Ambassadors. Now, sir, why stipu- 
 late for Ambassadorial privileges if they were already possessed ? 
 And if these Plenipotentiaries are Ambassadors, they have all the 
 privileges of the character without the officious help of treaty 
 stipulations. They derive them from the law of nations, which 
 covers with the rights, privileges, and immunities of the diplomatic 
 character, every Minister the instant that he is appointed, just as 
 readily and as naturally as the municipal law throws its protectioni' 
 over every child the instant it is born. — To suppose that a treaty 
 stipulation would be necessary in one case would be just as absurd 
 as to suppose that a special act of assembly would be wanting in 
 the other. Why then these treaty stipulations ? I answer, because 
 inviolability of person is necessary to all legislators to enable them, 
 to do the public business. We have it ourselves, not under the law 
 of nations, but under an article in the Federal Constitution. The 
 members of Congress in Colombia, Mexico, Guatemala, and the 
 other federate states, have it likewise, and in like manner, under ar- 
 ticles in the constitutions of their respective countries Why then 
 this treaty stipulation in behalf of these gentlemen of Panama? 
 Because, exemption from arrest and imprisonment was necessary to 
 the free and regular transaction of their business, and their official 
 character being unknown to the constitution of their respective 
 countries, or to the law of nations, a treaty stipulation became 
 necessary in their behalf; and the inviolability of the ambassadorial 
 character was adopted as a criterion, because it presented the two 
 fold advantage of furnishing an adequate measure of protection, and 
 a rule of measurement known to all the parties. 
 
 How will gentlemen escape from this difficulty? The facts are 
 undeniable, and the conclusions it;resistible.— It will not do to set 
 down these treaty-stipulations to the account of Spanish American 
 ignorance. The writings, proclamations, and state-papers of the 
 new Powers, place them above the reach of such an insinuation. 
 Besides, they have given us pratical proof that they know just as 
 well when treaty stipulations are unnecessary, as when they are not. 
 Tliey have Ministers now here, no less than three of them, and no 
 treaties with us for the rights of hospitality or for the protection of 
 their persons. I repeat it, sir, the conclusion is irresistible ! They 
 liave protected their plenipotentaries at Panama with treaty-stipula- 
 tions, because they are not a diplomatic body, and not entitled to di- 
 plomatic privileges under the law of nations; and they have not 
 protected them by like stipulations at this place, because they bear 
 the diplomatic character, and are protected by the law of natienrs* 
 
15 
 
 Tliis is decisive; I challenge gentlemen to rfteetit; ^ut a fiirtheV 
 view yet remains to be taken. These confederates stipulate for /c«s, 
 in behalf of their Plenipotentiaries, than public ministers receive 
 ■without stipulation. They stipulate for nothing but hospitality and 
 inviolability for the persons of their plenipotentiaries ; whereas, 
 under the law of nations, this inviolability extends to the minister's 
 wife, his children, and his servants; to his house and his coaches; it 
 makes him independent of the jurisdiction of the country, both civil 
 and criminal, in which he resides ; in fine, it gives him the privilege 
 of diplomatic ex-territoriality, and thus makes him, in legal contem- 
 plation, out of the country in which he is, and in the country from 
 which he came. What an immeasurable distance between these 
 rights and privileges, and a claim for food and bodily protection 
 Yet even this miserable modicum of ambassadorial privilege is li ' 
 mited in its application to the particular spot in which the Plenipo 
 tentiary Congress may chance to sit for the time being. While at 
 Panama, Colombia is to give it to them. If forced by the current 
 of events to remove to Guatemala, or to Mexico, Colombia is re- 
 leased from her obligation, and these States assume it. But Minis- 
 ters, wi;h diplomatic character and privilege, are not only protecteij 
 in the country to which they are sent, but in every country through 
 which they pass. The sovereign, indeed, to whom they go, is under 
 a more particular obligation to respect and protect them ; but they 
 are entitled every where to the rights of hospitality, and to an entire 
 exemption from bodily hurt or harm. If injured or murdered in 
 such passage, the outrage ceases to be an offence against the muni- 
 cipal law of the country ; it swells into a crime against the law of 
 nations ; it becomes a justifiable cause for war ; and the whole civi- 
 lized world are bound to condemn, if not to avenge it. 
 
 [Mr. B. here referred to several historical examples, to illustrate the truth and 
 force of what he advanced. He mentioned the case of the ambassadors of Fran- 
 cis the First, to Venice and Constantinople, who were assasinated on the river 
 Po by the orders of the Governor of Milan, acting' under the countenance of 
 the Emperor Charles the Fifth ; and that of the Fi'ench ambassadors, in the time 
 of the Directory, returning frorii the Congress of Kastadt, and way-laid on the 
 road by a detachment of Austrian huzzars, pulled out of their carriages and cut 
 to pieces with sabres, in the arms of their wives. The first of these events, he 
 said, had given new allies to Francis in his wars with tlie Emperor ; and the se-- 
 oond had arrested the current of public indignation, counterpoised the crimes of 
 the Revolution, and, for a while, turned the sympathies of the civilized world ia 
 favor of tliose wlio were themselves red with the blood of the human race. But 
 he did not mention these esamples from any apprehension that our gentlemen of 
 Panama would be murdered on the way, but to show the immeasurable difference 
 between ministers invested with diplomatic privilege, and these plenipotentiaries 
 with their treaty-stipulation for food and bodily protection ] 
 
 Having made good this point, Mr. President — having shown, upon 
 indisputable facts*, clear reason, and undeniable authority, that this 
 Congress at Panama is not a difilomalic asstmbly for the negotiation 
 of treaties — I will proceed, without now stopping to show what it 
 really is, to the great constitutional question, which results from this 
 position — the competency, not of the President alone, but of the Pre- 
 sident and Senate united, to send Envoys Extraordir>ary, and Ministers 
 jpleiiipotentiary, to suc1i an assemblage. 
 
• 16 
 
 The power of the President and Senate to send ministers abroad, 
 is derived from the 'id section of article 3d of the Constitution of 
 the United States. The section is in these words: 
 
 «* The President shall nominate, and, by and with the advice and consent of 
 the Senate, shall appoint anab^issadors, other public ministers, consuls." 8ic. 
 
 The ambassadors and ministers here intended, are such only as 
 are known to the law f nations. Their names, grades, rights, 
 privileges, and immunities, are perfectly defifted in the books which 
 treat of them, and were thoroughly understood by the framers of 
 our Constitution, They are, Ambassadors — Envoys — Envoys Ex- 
 traordinary — Ministers — Ministers Plenipotentiary — Ministers lesi* 
 dent. 
 
 The honors due to each of these orders of public ministers, differ 
 with their respective ranks and degrees, but the essential character 
 of each is the same, and the rights of all are equal. In the ^reC 
 place, they must all be accredited from sovereign to sovereign. So 
 say all the books, without a solitary exception. In the next place, 
 ihey all possess the diplomatic privilege of ex-territoriality ; and 
 this includes exemption from the payment of duties, exemptiom from, 
 local jurisdiction, and the right of inviolability for themselves and 
 families, the houses in which they live, and the carriages in which, 
 they ride. In the third place, they derive all this from the law of 
 nations ; no part of it from treaties and conventions. In the fourth. 
 place, they usually carry letters of credence, always letters patent, 
 containing full powers, which are to be exchanged with those of the 
 ministers who may treat with them ; a.nd, Jin ally, they are governed 
 by instructions, and send home the treaties they sign, for ratificatioa 
 or rejection. 
 
 Now, let us try «»ur intended ministers by these tests. Let us see 
 Tvrhether they possess the attributes, the characteristics, and the es- 
 sential features 6\' ministersy such as are known to the law of nations 
 and to the Constitution of this Confederation. Are they to be sent 
 from sovereign to sovereign ? No, Mr. President ! They go to an 
 " advisory council," a " committee of public safety." They set out, 
 indeed, from a sovereign; but instead of moving upon a horizontal 
 line, upon that elevated level which knows no descent, they run down 
 an inclined plane, and land themselves in a Congress of Deputies* 
 upon the Isthmus of Panama. Have they the rights, privileges, and 
 immunities, of public ministers ? Far from it : for, after yielding to 
 them all that their fellow deputies, fellow counsellors, or fellow com- 
 mittee-men (as the case may be) can take, they will still have nothing 
 but the rights of hospitality, and of personal inviolability. Have 
 they even this under the law of nations? Not at all; but under cer- 
 tain treaties, to which we are not parties, and which ran only in- 
 clude our ministers by help of a most liberal construction. VVill 
 they carry letters of credence ? I presume not : for they will find no 
 sovereign powers on the Isthmus to whom to deliver them. Will 
 they exchange full powers with the Plenipotentiaries of the other 
 powers ? I should think not : for these plenipotentiaries will be 
 
 * " CoNscLTAxatvB eocscii." — Mcssagc to the House of Representatiree. 
 
if 
 
 acting under treaties, and our ministers uncler a constitution and the 
 law of nations. Will they negotiate treaties, and send them home 
 for rejection or ratification ? I maintain that they will not ; all the 
 Senators who have spoken before me, both friends and foes to the 
 mission, agree with me that they will not ; I maintain that they will 
 not and cannot; the President alone seems to think otherwise, pro- 
 bably because he has not had time to study the treaties as we have 
 done. But th6 fact is remarkable, that no gentleman upon this floor, 
 friend or foe to the measure, supports him in that opinion, and I feel 
 myself justified ii\ dwelling upon the circumstance, and pointing it 
 out to the renewed and continued attention of the Senate^ 
 
 Tried by these tests, and the diplomatic qualities of our intended 
 ministers fail at every attribute of the character. Spite of the names 
 which are imposed Upon them, they turn out to be a sort of deputies 
 with full poweis for undefinable objects. They are unknown to the 
 law of nations, unknown to our Constitution, and the combined pow- 
 ers of the Federal Government are incompetent to create them. 
 Nothing less than an original act, from the People of the States, in. 
 their sovereign capacity, is equal to the task. Had these gentlemea 
 been nominated to us as Deputies to a Congress, would not the 
 nominations have been instantly and unanimously rejected ? And 
 shall their fate be dilFei-ent under a different name ? The delicacy oC 
 this position was seen and felt by the Administration. The terms 
 "deputy," and "commissioner," were used in the official corres- 
 pondence up to near the date of the nomination, but as these names 
 could not pass the Senate, a resort to others became indispensable. 
 The invitations and acceptance were in express terms, for " defiuties 
 and representatives to a Congress." The nominations to the Senate 
 are wholly different. 
 
 \_Mr. B. here called for the reading of the nominations.!^ . 
 
 The Secretary read— 
 
 '* To the Senate of the United States .- 
 
 «« Washingtok, 26tli Dec. 1825. 
 
 " "In confidence that these sentiments will meet the approbation of the Senate?, 
 I NOMINATE Richard C. Anderson, of Kentucky, and John Sergeant, of Pennsylva- 
 nia, to be Envoys Extraordinary and Ministers Plenipotentiary to the Aesembltj of 
 American nations at Panama, and WiUiam B. Rochester, of New-York to be 
 Secretary to the Mission. 
 
 " JOHN QUINCY ADAMS." 
 
 Assembly of American Nations ! Is this the fact ? Are the Nations 
 there ? I do not mean to inquire, Mr. President, %vhether the men, 
 women, and children, who compose the Republics of Colombia, 
 Guatemala, Mexico, Chili, and Peru, have collected themselves ia 
 masses upon the Istlimus of Panama — that, sir, would be a vile and 
 contemptible play upon words ; but I do mean to inquire, and," these 
 cerements being b2irst," I do mean to go before the American People 
 for the answer, whether the sovereignty of :hese nations, in fact, oP 
 . by representation, is at the Isthmus of Panama ? For, unless it is so 
 present, the institution of this mission is, and must be, a breach of 
 our Constitution. 
 
IS 
 
 13, then, Uie sovereignty of these nations present in fact ? I an- 
 «;\ver, it is not — the thing is impossible ; for these States are Repub- 
 lican, and Republics arc incapable of exercising the right of sove- 
 reign CK-territoriality. That quality belongs alone to Kings and 
 Emperors, who bear about with them, whithersoever they go, the 
 sovereignty of their respective empires. Ministers can be accredit- 
 ed to the sovereignty of a State, wheresoever it may be ; and, hence 
 the resort, in this nomination, to the word JVations. They can be 
 accredited to nothing below the sovereignty, and hence the necessity 
 of dropping the word Congress. A nomination to the Congress 
 would have been void, upon its face — the Journal would have shown* 
 it; and, peradventure, we, the the People, might have got it into the 
 Supreme Court, " as a case arising under the Constitution" and had 
 it reversed for manifest error. The error would then have been pa- 
 tent, instead of being, as it now is, latent. Gentlemen have evinced 
 their sensibility to this difficulty — they have felt the necessity of sup- 
 port, and have gone to Ghent, and Utrecht for precedents. The 
 references are unfortunate for them and the President — happy for me 
 and the Constitution. The cases are antipodes to each other, in 
 every essential point. Here is a nomination of ministers to nations 
 in gross, at the place where there sovereignty is not, and cannot be. 
 The Ghent nominatiat> was not to the nations at Ghent, nor even to 
 Great Britain at Ghent — but " to Great Bntain." The meeting of 
 the ministers at Ghent^ was an incident — a mere affair of arrange-^ 
 ment, and constituting no part of the nomination. There, and at 
 Utrecht, the Plenipotentiaries were accredited to sovereign powers 
 — met their representatives, under the law of nations, and for a pur- 
 pose strictly diplomatic — that of negotiating treaties. 
 
 Doubtless there may be nominations to sovereigns without their 
 dominions. The late Congresses in Europe furnish examples of the 
 fact ; but they are limited to Kings and Emperors, possessing the 
 quality of sovereign ex-territoriality. But even to these a minister 
 could nt)t be accredited in mass. He nvust have separate letters of 
 credence to each, and separate full powers to treat with each. Rea- 
 son tells us this ; for each sovereign has the right to receive and to 
 Kfeject ministers — to treat or to let it alone. Authority tells us the 
 game thing; and, as authority is often more potent than reason, and 
 this may be one of the cases in which it is so, let us look at the books. 
 
 [Here Mr. B. read— 
 
 " One letter of credence may serve for two Ministers, sent at the same time, it 
 they are both of the same order. Sometimes, on the contrary, one Minister has 
 several letters of credence. This happens when he is sent to several sovereigns, 
 or to one soverign, in different qualities." "The Ministers sent to Switzerland 
 are often charged with more than fotir different letters of credence. So it is 
 \vith those sent to the Emperor, to the circles of the Empire," &c.] Martens. 
 
 It is the same with the letter of full powers. There must be as 
 many as there are sovereigns to be treated with ; the exchange of 
 these must be mutual and simultaneous ; each Minister judges for 
 himself the full powers of the other. Yet our intended Ministers to 
 Panama are nominated to the " nations" in mass ; the nomination will 
 govern the commissions, and the commissions will govern the letters 
 ^f CFedencje and of full power,-— By consec^uence the credentials and 
 
19 
 
 ihe full power will be presented to a Congress — to an organized bod^ 
 —and passed upon by it, Peradventure a committee will be raised 
 upon their papers; the Congress vote upon them; the President 
 announce the result ; a clerk write it down ; and a door-keeper let 
 them in! What a process for the reception of ambassadors! Not 
 so at Ghent. There the ministers of the two powers met upon the 
 footing of equality. The full powers of each were mutually and 
 simultaneously exchanged : (See the Preamble to the Treaty.) Each 
 judged for himself; and from this equality, and this right of recipro- 
 cal decision upon each other's powers, there can be no exception ex- 
 cept in one single case, a case which did exist at Ghent, and does not 
 exist at Panama ; it is the case of a negotiation opened under the 
 auspices of a Mediator., to whom the full powers of each may, and 
 ought to be, submitted, if they disagree. Our Ministers then must 
 be accredited to ea-ch of the nations supposed to be at Panama ; they 
 must bear full powers to treat with each of their plenipotentiaries ; 
 these again must have full powers to treat with each other, and with 
 Ks ; ai^d these powers must be reciprocally exchanged all around.* 
 So it was at Ghent, so at Utrecht, so at VVesti)halia, so at every Con- 
 gress of plenipotentiaries for the negotiation of treaties of which his- 
 tory gives us any account. 
 
 The sovereignty of these nations not being, in point of fact, at Pa- 
 nama, the next inquiry is, whether it is there by representation ? 
 
 This is a thing possible. Ministers, known to the law of nations, 
 viay represent the sovereignty of their nations at any point upon the 
 globe. They may come from, the four quarters of the globe and form 
 a diplomatic assembly. But is this Congress at Panama, an assembly 
 of that description ? I maintain that it is not ; "and in inaintainance of 
 this opinion, I bring up and enforce again, the circumstance of their 
 creation under treaties; their limited privileges, and their ,,depend- 
 
 * The President, in his after Messag-e to the House of Representatives, has 
 mentioned, as a precedent for this Mission to Panama the one which was insti- 
 tuted in our own country soor\ after the close of the Revolutionary war, to the 
 principal powers of Europe. A reference to the history of that mission has fur- 
 nished me a pointed authority against this nomination to Panama, and in favour 
 of t'je position which I maintained in the Senate. 
 
 The ministers sen', out on that occasion were Messrs. Adams, Franklin, and 
 Jefferson ; the Powers to which they were commissioned, were Russia, Germany, 
 Prussia, Denmark, Hamburg, Great Britain, Spain, Portugal, Genoa, Tuscany, 
 Rome, the two Sicilies, VenicCj Sardinia, and the Ottoman Porte. But they did 
 not carry a letter of credence and full powers to these nations in the gross — 1» 
 the whole of them in mass — but a credential and a full power to each, by name. 
 
 Candour, however, requires me to say, that there was, in former times, when 
 the knowledf^-e of geography was less perfect than at present, a species of uni- 
 versal ministers, or knight-errant ambassadors, carrying general-letters of credence, 
 and general-full-powers, and bearing commissions addressed " Ad omnes Populos.'> 
 TUe name of this obsolete order, and their vocation, has been brought to mind 
 by the passages in the same second message, in which this mission to Panama is 
 supposed to be the means of dispensingthe " promised blessings of the Redeemer," 
 improving " the condition pf man upon earth,' and promoting the " welfare of ihe 
 whole human race." But the nomination o{ Messrs. Anderson and Sergeant is not 
 ^uite up to this universal mission ; it does not read " Jld omnes Popidoa" fTo all 
 People,) but, ad omnes gentes Americanos, (to all the American nationsj ax Pan+ma !') 
 ^F^», it is stin without 51 prece4«iit in the annals of diplomacv-, 
 
20 
 
 ence for these upon treaty stipulations. I will then go forward and 
 show what this Congress is. In doing this, I shall follow the example 
 of the Senator tVoin Rliode Island, (Nlr. Robbins,) and improve a little 
 vpon it. He looks to the treaties which create this Congress, for its cha- 
 racter, and he leaves out of view all that has appeared in reviews, pro- 
 clamations, and newspaper essays. In this he acts like a Senator — like a 
 statesman, I shall iniitate him in looking to the same treaties, and in 
 leaving out of view so much cf tlie President's Message, and so much 
 of the same loose authorities, as differ in any degree from the terms 
 of the treaties; and I shall improve upjn his example, by adding to 
 the catalogue of excluded authorities, so much of the Secretary's com- 
 commuuications, and of the letteis of the Colombian, Mexican, and 
 Guatemalian Ministers, as vary from the same standard. In the 
 absence of these treaties, this message, and these communica- 
 tions and letters would have governed us ; for they would then 
 liave been the highest evidence in our possession ; but, in the 
 presence of the treaties, they are useless ; for they signify no- 
 thing when they agree with them, and must be rejected when 
 they differ from them.* And here, Mr. President, I shall admit 
 that I was put upon this track by the words of yvisdom which 
 fell, in the fitst days of this debate, from that venerable Senator from 
 North Carolina, (Mr. Macon,) wtio, I am proud to say, permits me 
 to call him friend, and am still prouder to know, has been the friend 
 of me and mine through four generations. This venerable Senator 
 j^aid, that this confederation of Spanish American States, and their 
 Congress at Panama, was to them what the confederation and Con- 
 gress of the Revolution was to us. This remark struck me, and set 
 iny mind at work. I determined to analyze the two confederations, 
 Sind their Congresses, and I have done so. The result is in my hand, 
 (showing a fiafier,) and I derive confidence in its correctness from 
 seeing that tiie Senator from Maine, (Mr. Holmes,) and the Senator 
 from New-Jersey, (Mr. Dickerson,) without any concert with me, or 
 even knowing what I wasabout, have, in part, made the same analysis, 
 ^nd arrived at the same conclusions. Their labours not only fortify 
 me in th? strength of my posiition, but relieve me from a part of my 
 own. For, after what they haye said, I ^yill do no more, in this place, 
 than to read from my notes the analysis which I have made of these 
 Congresses and confederations, respectively, 
 
 [Mr. B. then read from his notes, as arranged under appropriate heads, and in 
 parallel columns, the analysis whicli he had made of the object of the two Con- 
 federacies, and the powers and duties of their respective Congresses.] 
 
 THE ANALYSIS, 
 
 Style of the two Confederacies 
 
 UngU&h American States. 
 Articles of confederation and perpe- 
 tual union between the States of New 
 Hampshire, Masachusetts Bay, Rhode 
 Island, &c. 
 
 Spanish American States. 
 Treaty of perpetual union, league^ 
 and confederation between the Repub- 
 lics of Colombia, Guatemala^ Mexico,, 
 &c. 
 
 * The t' eaties were not communicated with the Message recommending' the 
 Mission, The message came in, Cecembcr 26th. The treaties were called| 
 for, January 4th, by Mr. Macon, as chairman of the Committee of Foreign Rela- 
 tions; and were sent in, January 9th, 
 
M 
 
 Objects of the Confederates. 
 
 To make a firm league of friendship 
 for the common defence and general 
 welfare, and to bind themselves to assist 
 each other against all invasions and at- 
 tacks whatsoever. 
 
 To make a firm and constant league 
 of friendship for the common defence, 
 and to bind themselves '.o aid each other 
 with land and sea forces in repelling all 
 attacks whatever. 
 
 Mode of accomplishing these objects. 
 
 By a Congress composed of deputies I By a Congress composed of pleuipo- 
 from each State. "' I tentiaries from each State. 
 
 Number of Defiuties and PLenifiotentiaries. 
 
 Not less than two, nor more than se- 1 Two from each State, 
 ven, from each State. j 
 
 Privileges of Deputies and Plenipotentiaries. 
 
 Plenipotentiaries to have the rights of 
 hospitality in the State in which the Con- 
 gress sits, and to receive from such State 
 the protection which is due to the sacred 
 and inviolable character of their pepson^. 
 
 Deputies to be protected in their per- 
 sons from arrests and imprisonment, dur- 
 ing the time of their going to and from, 
 and attendance on Congress, except for 
 treason, felony, or breach of the peace ; 
 and not to be questioned in any other 
 place for what was s^d in Congress. 
 
 ' Place of holding the Congress. 
 
 At Philadelphia, in the State of Penn I At the Isthmus of Panama in the Re- 
 ^ylvania, one of the confederate States j public of Colombia, one the confederates 
 
 I States. 
 
 Right of P.emoTjal. 
 
 The Congress may adjourn, and re 
 move to any other place within the con 
 federated States. 
 
 The Congress may remove to any 
 other place witiiin the Republics of 
 Guatemala or Mexico, whenever the 
 events of war may require it, or the 
 majority of the States may so decide. 
 
 Powers granted to the Congress. 
 
 To make peace and war ; to send and 
 jfeceive ambassadors and other public 
 ministers ; to conclude treaties and con- 
 tract alliances to regulate commerce ; 
 coin money ; emit bills of credit ; fix the 
 quotas of troops or money which each 
 State shall furnish , to make requisition 
 for such quotas , to be the last resort 
 on appeal in all disputes and differences 
 between States, Sic. 8cc. &c. 
 
 To fix the quotas in naval ami milita- 
 ry forces, or their equivalents in money,^ 
 which each State shall furnish ; each 
 State bound to furnish the quo .-.s or 
 pay the equivalents so fixed; to seive* 
 as a council in great conflicts, as a rally- 
 ing point in common dangers, as a 
 faithful interpreter of their public trea- 
 ties, and as an umpire an' I conciliator in 
 their disputes and differences . 
 
 Privileges of Citizens. 
 
 The citizens and inhabitants of each 
 State to have free entrance to, and de- 
 parture from, the ports and territories 
 of the other; to enjoy therein all the 
 civil rights and privileges of traffic and 
 commerce which belong to the citizens 
 of the same State : to be subject to the 
 same duties and restrictions to which 
 the inhabitai\tsof the State are subject. 
 
 Fugitives from Justice. 
 
 Traitors, felons, and others guilty of I Persons guilty or accused of treason,^ 
 high crimes and misdemeanors, fleeing | sedition, or other grievous crime, flee- 
 
 The citizens of each State to have 
 free ingress and regress in any State ; 
 to enjoy therein the privileges of trade 
 s^nd commerce ; to be liable to no other 
 duties, restrictions, or impositions, than 
 those to which the inhabitants of the 
 $a,me State are subject and liable. 
 
 * ToKxy^them foi' a councilj &c.. Sec the true translationv 
 
2S 
 
 from one Stale "into asother, shall be 
 delivered up to the Government from 
 v'hic!) they fly, to be dealt with accord- 
 ing to law. 
 
 ing- from justice, and found in the terrj^ 
 tory of any of the States, shall be de- 
 livered up to the offended Government 
 upon demand. 
 
 Admission of other States. 
 
 Canada, acceding- to this confedera- 
 tion, and joining in the measures of the 
 United States, shall be admitted into, 
 and entitled to all the advantag-es of 
 this Union. 
 
 The contracting parties oblige them- 
 selves to interpose their good offices 
 with the other ci-devant Spanish States 
 to induce them to unite in this compact 
 of perpetual union, league, and confed- 
 eration. 
 
 Reserved Powers. 
 
 Each State freserves its sovereignty, 
 freedom, and independence, and every 
 power, jurisdiction, and right, which is 
 not, by these articles of confederation, 
 expressly delegated to the U. States in 
 Congress assembled. 
 
 This compact of union, league, and 
 confederation, shall not affect, in any 
 manner the exercise of the national 
 sovereignty of the contracting parties, 
 in regard to their laws, and the estab- 
 lishment and form of their respective 
 Governments, nor in regard to their re- 
 lations with other nations. 
 
 The closeness of this parallel, cotinue4 Mr. B. is full proof that 
 the Congress of Panama is copied after the Congress of our Con- 
 federation of '78. The objects, powers, and duties of each, with 
 one essential difference, are the satyie, and the words as nearly identi- 
 cal as could be expected after the double process of translating Eng- 
 lish into Spanish, and Spanish back into English. But, notwith- 
 standing the general conformity, they differ in a leading feature, and 
 this difference is fatal to the diplomatic pretensions of the Congress 
 at Panama. Let us display it. 
 
 Difference of Powers. 
 
 The English American Congress bad 
 power to declare war and make peace ; 
 send and receive Ambassadors and 
 other public Ministers ; to make trea 
 ties, and conclude alliances ; to regulate 
 foreign commerce ; and to regulate all 
 the foreign relations of the confederated 
 States. 
 
 The Spanish and American Congre^ 
 has — 
 
 First ; No grant of any of these pow- 
 ers. 
 
 Second .• A restriction against the ex- 
 ercise of them. 
 
 Third : A grant to interpret treaties. 
 
 Fourth : No grant to make them. 
 
 This, Mr. President, is demonstration. It is mathematical. The 
 conclusion proclaims itself, and argument would weaken it. 
 
 But besides the subjects submitted to the decision of the Congress, 
 there are other matters agreed upon by the confederates themselves, 
 inserted in their treaties, and made fundamental articles of the Con- 
 federation. These, of course, cannot be affected by the acts of the 
 Congress. Among them are four, highly material to be considered 
 in the institution of this mission, three relative to the subject of 
 commerce, and one in reference to treaties of peace with Spain. 
 These articles stipulate for — 
 
 1. An equality of duties and port charges among the confederates. 
 
 2. Leave to refit and repair vessels, take shelter, enlist crews, aijd 
 increase the armament of vessels in the ports of each other. 
 
 3. An extension of maritime jurisdiction to the private^rgof eaifh 
 
oilier, for the purpose of preventing abuses upon their own cotn* 
 ttierce, and that of neutrals. 
 
 4. That neither shall compromit its independence in any treaty 
 of peace with Spain, nor pay any price for the acknowledgment of 
 its independence by the mother country. 
 
 From this analysis it results — 
 
 1. That tlie Congress at Piftiama is a Congress of deputies, with- 
 full power over the limited number of subjects which are committed 
 to them. 
 
 2. That these subjects resolve themselves into two classes : those 
 delating to the external defence, and those relating to the internal 
 tranquillity of the confederate States. 
 
 3. That the Congress can only act upon the affairs of the cofi- 
 federates.* 
 
 4. That it is to be an organized body. 
 
 5. That its duties will sometimes hejudicial^f as in the interpre- 
 tation of treaties; sometimes legislative, as in fixing quotas and 
 equivalents ; sometime executive, as in planning military campaigns; 
 but never diplomatic, because it is forbiden to alffect the foreign rela- 
 tions of the confederates, and cannot even treat with Spain for a 
 general peace. 
 
 But, while I call it a Congress, as it is named in the treaties,^ I 
 deny its similitude to the diplomatic congresses known to the law of 
 nations. I pronounce them to be antipodes to each other in every 
 essential attribute. The diplomatic congress meets for the sole 
 porpose of treating for peace ; this for the main purpose of carrying 
 on war, and without the power of concluding a peace! The diplo- 
 matic congress is composed of plenipotentiaries from all the parties 
 at war ; this is composed of the parties on one side only. The di- 
 plomatic congress sits temporarily, for the accomplishment of a sin- 
 gle object : this at Panama, is to sit for ever, and for the accomplish- 
 ment of various and interminable oI)jects. The diplomatic con- 
 gress is incapable of organization ; this isjto be organized. The di- 
 plomatic congress can do nothing but negotiate treaties ; this is to 
 plan campaigns, fix quotas, assess equivalents, arbitrate differences, 
 interpret treaties, and make none. The diplomatic congress meets, 
 on neutral ground ; this sits on the ground of one of the belligerent 
 parties. 7%ai? has a mediator; this none. In f/jaf, all the negotia- 
 tors have the commissidn of plenipotentiary only,to avoid questions 
 of ceremonial and of precedence ; in this, our ministers appear 
 clothed with the rank of Envoys Extraordinary, and Ministers Plen- 
 ipotentary, and will take rank of the others, v/hich may give rise to 
 curious and serious questions among the inviters and the invited. 
 
 ♦ See the true translation. The General Assembly (not Congress) is to serve 
 THEM, the Spanish Ameriean confederated States, for a council, &c. &c. &c. in 
 their disputes and differences : in the interpretation oi their treaties as a judge- 
 arbitrator, &c. 
 
 f This was said before I had seen the original treaty, which proves the judi- 
 cial character, and even uses the word Judge. 
 
 + If I had seen the original I should have had no occasion to combat the argu- 
 ment arising from the name, See tl^e fruf' tran-shtior. nrefi"3:ed to t'!)e speecli, It 
 ?3"^ot r^mcd *' Conp-re.?'?.'' 
 
Mr. iPresident, I must be permitted to take a closer view of this 
 Congress, under its character of an organized body. It is admitted^ 
 on ail hands, that it is to have organization and rules. Now, this 
 is a thing impossible in a diplomatic assembly; The ministers 
 in such an assembly represent sovefeign powers, and cannot be or- 
 ganized. We had as well undertake to organize kings and nations. 
 The ministers cati have no rules of action, for their personal de- 
 portment, but those manners of gentlemen which they are pre- 
 sumed to possess ; and none for their official conduct but such as 
 are contained in their own instructions. The idea of organization 
 is fatal to the diplomatic pretensions of this assembly. What is 
 organization ? It is the disposition of the parts to make them sub- 
 servient to each other; it subjects the whole to one will, or to one 
 principle of action ; it reduces this Congress to a unit, to one party, 
 deciding for all, with one voice. A diplomatic assembly, on the 
 contrary, is multiplicate ; it consists of as many parties as there are 
 Powers represented, each independent of the other, each making the 
 best bargain he can for his own side. How will our ministers act 
 with such a body ? They must either become parts of its organi- 
 zation, or not become parts of it. Take either horn of the dilem- 
 ma. In the first event, they make us parties to the confederacy, and 
 bind us by the voice of the body. Well, it is agreed, all round, that 
 this will never do. Then, try the other. Let our ministers stand 
 off, become no part of the body, but undertake to negotiate with it. 
 This is impossible: for the Congress is not sovereign to receive 
 ministers, nor can it, like our Congress of the confederation, ap- 
 point ministers to treat with them, nor treat as two parties : for the 
 body will contain five parties, with only one voice, and we shall pre- 
 sent a single party, with two voices. One will have to speak 
 through a President or Secretary; the other, in their own persons. 
 In short, Mr. President, the simple indea of organization explodes 
 «very pretention of this Congress to the character of diplomatic* 
 
 Sir, it is vain to endeavor to cover up this thing with mis-nomers 
 and nick-names. It is a Congress, of de/iudes, in the ordinary sense 
 of the terms, and was so described by all the parties, until it was 
 seen that, under these names Messrs. Anderson and Sergeant could 
 never obtain admission into the Senate, much less a passage through 
 it. Behold the proof I Here it is : 
 
 FIRST PROOF. 
 
 Letter from Mr. Clay to Mr. Salazar^ Aovember oOtk. 
 
 "1 have the honor to acknowledg'e the'receipt of your official note of the 33. 
 
 inst. communicating a fr^rmalinvitat on from the Government of Colombia to that 
 
 •of tlie United States, to send deputies to the contemplated Congress at Panama,'" 
 
 &c. &c &c. _ 
 
 • This question certainly deserves to fix the attention of statesmen. The re- 
 ception of ministers, by an orj^anized body, not sovereign, is yet to find its pre- 
 cedent in the annals of the world. The Congress of our confederation received 
 ministers from foreign nations, because it was sovereign ; but it did not treat 
 with them, becadse it was an organized body. It appointed ministers to treat, 
 individuals to act with individuals, and this it could do. because it was sovereign. 
 But the Congress at Panama cannot appoint ministers to meet ours, because it is 
 not sovereign ; nor treat face to f»9e, because one la an organised body, and the 
 other individuals. 
 
25 
 
 SECOND PROOF. 
 
 Front same to same. Same date. 
 
 " tt would have been better, perhaps, if there had been a full understanding 
 between all the American Powers who miiy assemble by their represenlutives, of 
 the jftrmse questions on which they are to dehberate, and that some other mat- 
 ters respecting' the powers of the deputies and the organization ot the Congresst 
 should have been distinctly arranged, prior to the opening of its deliberations,'* 
 
 SiC. 
 
 THIRD PROOF. 
 
 3fr. Clay to Mr. Odregon, JVovimber 30th. 
 
 "I have the honor to acknowledg-e the receipt of your official note of the 3(1 
 instant, communicating' a formal invitaiian from the Government of the United 
 States of Mexico to that of the United States, to send deputies to the contempla- 
 ted Congi^ss at Panama^" &c. &c. &c. 
 
 FOURTH Proof. 
 
 Frxnn same to same, Same date. 
 
 *• It would have been better, perhaps, if there had been a full understanding* 
 between all the American Powers, who may assemble by their representatives, of 
 the precise questions on which they are to deliberate ; and that some other 
 matters respecting the powers of the deputies and the organization of the Coif 
 gresa, should have been distinctly arranged, prior to the opening of Its de- 
 liberations," &c. 
 
 Yes, sir, " deputies to a Congress*' is the invitation aiid the ac- 
 ceptance. It is in vain to endeavor to cover it up with the drapery 
 of names and titles^ The thing stands before you, stripped and. 
 naked, in all the nudity, if not in all the beauty, of a Grecian statue. 
 Words can neither hide nor alter it. It is a thing unknown to the 
 Constitution, and the Constitutional question then recurs upon it-^ — 
 can the President and Senate send the nominees, as public ministers 
 to this Congress upon the Isthmus of Panama? I contend that they 
 cannot ; neither to it, because it is not sovereign to receive them» 
 nor diplomatic to negotiate with them; nor m^o it, for that would 
 make our envoys a part of its organization, and ourselves parties to 
 the confederacy; nor to act ivith it, because the Congress will act as 
 an organized body, and our deputies as individuals. It is in vaia 
 to affect indifference towards these difficulties. They are seen and 
 felt by those who conduct this affair ; and the almost utter impossi- 
 bility of managing it, is betrayed by the Babylonian confusion of 
 terms and ideas which pervade their councils. Behold the effects 
 of this confusion. The deputies to the Congress are called by all 
 sorts of titles — agents, commissioners, representatives, plenipoten- 
 tiaries, and finally promoted, in the President's nomination, to en- 
 voys extraordinary and ministers plenipotentiary I The Congress 
 itself is equally the subject of a vague and contradictory nomen- 
 clature — sometimes a congress; sometimes a diplomatic assembly, 
 ■without power to negotiate treaties; once a Cortes; now an advi- 
 sing council; then a committee of public safety ; and, at last swell- 
 ed by the President into any assembly of nations !* Then, as to the 
 
 * And, from this point of culiiiination, this position m the zenith, we presently 
 behold a perpendicular plunge — a fall from lieaven to earth — from an jtisr.ittBiT 
 OF HATioss to a " consultciti-js cottnci'," — ("^Messr^'e itt J/, JRJ 
 
 4 
 
^(3 
 
 powerfe and duties of the deputies themselves, what contradictions 
 upon these points ! Sometimes they are to be giving' advice; some- 
 times to be consulting; sometimes negotiating treaties, and some- ' 
 times not; sometimes they are to *^ settle" the unsettled points in 
 the laws of nations ; yea, sir, to give the law to the two Americas, 
 and Europe, Asia, and Africa to boot ! Then they are to do nothing 
 in tlie world but make bows and compliments, and walk in and out, 
 like our territorial delegates, and exhibit the extraordinary spectacle 
 of lobby ministers plenipotentiary and lobby envoys extraordinary I 
 And, with all these high and low pretensions, they are to be worked 
 through this chamber upon the plea of an innocent operation ; upon 
 the recommendation of an old woman's medicine, that they -will do 
 no harm if they do no good, 
 
 I trust, Mr. Picsident, that it is now made clear, that the proposed 
 ihission is unknown to the law of nations, and to the Constitution of 
 this country ; but, as it may, nevertheless, be sent, it becomes my 
 duty to proceed upon that supposition, to follow it to Panama, and to 
 show that its objects are, in some respects, already accomplished, in 
 others, unattainable, in others, inexpedient — that we have nothing to 
 expect from it but a heavy item of expense, some unpleasant apologies 
 to foreign nations, the risk of getting into difficulties with the ne\7 
 Republics themselves; and that every desirable and attainable object 
 would be better accomplished by an agent or commissioner, without 
 diplomatic character, with little expense to our Treasury, and with- 
 out harm to our Constitution. 
 
 Pursuing these Ministers to Panama, we have next to inquire, what 
 are the objects of interest to us, which are expected to be accomplished 
 by them at that place ? 
 
 The President, in his message, has enumerated several, at the head 
 of which stands the item of commerce. Upon this subject, he ex- 
 pects to establish — 1st. The doctrine, that free ships make free goods, 
 2d, The restrictions of reason upon the extent of blockades. 3d. The 
 " consentaneous" adoption ©f principles of maritime neutrality. 
 4th. The principles of a liberal commercial intercourse.* 
 
 * A fifth object to be accomplished by sending Ministers to Panama, is disclo- 
 sed by the President in his message to the House of Representatives, and not 
 disclosed in his message to the Senate, is the abolition of private war upon the 
 ocean — that is to say, to abolish privateering. In his message to the House q£ 
 Representatives, he places this object in high and bold rehef. He speaks of it 
 in the following animated and and impassioned strain : 
 
 " If it be true that i\\& noblest treaty of peace ever mentioned in history is that 
 by which the Carthagenians were bound to abolish the practice of sacrificing 
 their own children, because it was stipulated in favor of human nature, I cannot 
 exaggerate to myself the unfading glory with which these United States will g» 
 forth in the memory of future ages, if, by their friendly counsel, by their moral 
 influence, by the power of argument and persuasion alone, they can prevail upon 
 the American Nations at Panama, to stipulate, by general agreennfent among 
 themselves, and so far as any of them may be concerned, ihe perpetual abolition 
 cf private -war upon ihe ocean" 
 
 '* It will be within the recollection of the House, that immediately after the 
 close of the war of our Independence, a measure closely analagous to this Con- 
 gress of Panama, was adopted by the Congress of our Confederation, and for 
 purposes of precisely the same character. Three commissioners, with plenipo- 
 tentiary-powers, were appointed t« negotiate treaties of amity, navigation and 
 
27 
 
 The first question which presents itself, Mr. President, is one of 
 power in the Congress to treat of these subjects at all. It seems to 
 me tiiat it has no power to touch them. They belong to the " Foreign 
 Relations" of the confederates, and these it is forbidden to the Con- 
 gress to " affect in any manner," as shown in the analysis of its powers. 
 The article to that effect is the same in every treaty. It is article 17th, 
 in the treaty between Colombia and Chili ; 6th, in that of Colombia 
 and Peru; 18th, in that of Colombia and Guatemala; and 1 7th, in 
 that of Colombia and Mexico. It is in these words: 
 
 " This compact of union, league, and confederation, shall not affect, in any 
 manner, the exercise of the national sovereignty of the contracting parties, in 
 regard to their laws, and the establishment and fofm of their respective Govern- 
 ments, nor in regard to their relations nvith other Governments."* 
 
 Here are three restrictions upon the powers of the Congress: 
 
 1. Against interfering with the municipal laws of the confederates. 
 
 2. Against interfering with their forms of government. 
 
 commerce, with all the principal powers of Europe. They met, and resided for 
 that purpose about one year at Paris ; and the only result of their negotiations at. 
 that time, was the first treaty between tlie United States and Prussia — memorable 
 in the diplomatic annals of the world, and precious as a monument of the principles, 
 in relation to commerce and maritime warfare, with which our country entered 
 upon her career as a member of the great family of independent nations. This 
 treaty, prepared in conformity with the instructions of the American plenipoten- 
 tiaries, consecrated three fundamental principles of the foreign intercourse which 
 the Congress of that period were desirous of establishing. First, equal recipro- 
 city, and the mutual stipulations of the privileges of the most favored nations in 
 the commercial exchanges of peace ; secondly, the abolititn of private war upon 
 the ocean ,- and, thirdly, restrictions favorable to neutral commerce upon belli- 
 gerent practices." 
 
 Upon this disclosure and animated appeal to the people, through the House 
 of Representative, I have two remarks to make : 
 
 1. That Mr. Adams ought to liave disclosed this object to the Senate ; and 
 oannot be excused for the omission to do so, except upon the ground that he did 
 not think of it when he was stating the objects of the mission to thtm. 
 
 2. That Mr. Adams, himself, in his quality of Minister to Prussia, on the 11th 
 day of July, in the year 1799, expunged the aforesaid most " noble," most " g-lo- 
 rious," add most "precious," stipulation from our treaty with tnat Power. — {See 
 Article 23d of the two treat ies with Prussia ; Laivs of the United Slates, pages 241 
 and 259. The political pamphlets of the day, and the memoiy of individuals, 
 contemporary with the event, asssert that great applause was bestowed upon 
 the young negotiator, Mr. J. Q. Adams, for his success in getting this stipulation 
 
 expunged. ~ , , • i i 
 
 With respect to the value of the stipulation itself, I look upon it to have been 
 of about as much consequence as if it had been made with the King of Prussia** 
 neighbor, " the King of Bohemia .•" who, according to Tristfam Sharidy, had nei- 
 ther sea-coast, nor sea-ports, nor ships; and with whom, of course, treaty-stipu- 
 lations in favor of " human nature" upon the ocean, would be about as avaihng 
 against " Orders in Council, and BerUn and Milan Decrees," as if they had been 
 made with the King of .dshantee, or half-a-dozen yonng nations at Panama, who 
 have, indeed, a plenty of sea-coast, but who for a long time, must be as destitute 
 of naval force, and as incapable of regulating public or private war upon the ocean, 
 as the King of Bohemia, the King of Prussia, or the King of Ashantee. 
 
 As to Mr. Adams' diplomatic merits in the premises, I look at them in this wise :• 
 Either he was wrong at Prussia in 1799, or wrong at home in 1826.— His admirers 
 may divide as they please, but divide they must. 
 
 ♦ This is sufficient for the opponents of the mission ; bat for a more esact 
 Hanslation, see the triplicate columns. 
 
28 
 
 5. A{»ainst interfering with their foreij^n relations.* 
 The last of these restrictions ought fo prevent the Conpjress from 
 touching the commercial relations of the United States, with any or 
 all of the Confederate Powers, iJut, admitting: that this restriction 
 had not been imposed, would it then have been the part of a wise and 
 prudent policy to open the subject of our commercial relations in the 
 Congress of these Confederate Powers? I think not, Sir, for many 
 reasons : and, first, because we have already so nearly all that we 
 want from each of these Powers, respectively, that it would be im- 
 politic to put to stake the much which we have in possession, for the 
 chance of gaining the little which we have not yet acquired. With 
 Colombia we have a treaty, ratified by ourselves about sixty days ago, 
 containing every stipulation that we can possibly ask for: the flag, to 
 cover the property ; free ships, to make free goods; the trade of the 
 two countries to be phced on the liberal basis of perfect equality and 
 reciprocity ; liberty of conscience, and the right of worship allowed 
 to our citizens, and the privilege secured to them of being buried in 
 decent and suitable places ; and, finally, the crowning stipulation, that, 
 if a better treaty should be made with any other power, all the ad- 
 vantages of it shall immediately accrue to the United States, in the 
 sarne manner as if it had been made with us. This is certainly co- 
 vering the whole ground for which we went in the mission to Europe, 
 at the close of the Revolutionary war — it is gaining all that can be 
 got from Colombia. Then for Guatemala. We have a treaty with 
 her, ratified likewise by ourselves, at the present session, in which 
 every point is secured which is contained in the one with Colombia, 
 even to the stipulation for contingent advantages, in the formation of 
 better treaties with other Powers. With Buenos Ayres and Chili we 
 had no treaties, positively signed, at the dote of the last advices ; but 
 our Ministers were in negotiation ; and, on the 28th of September 
 last, our Governn,ent was officially informed that these negotiaiiona 
 were probably concluded, and treaties signed by that time, which 
 would contain every stipulation which had been put into the treaty with 
 Colombia. — (See Mr. Poinsett's letter of thc(t date.) With Peru we 
 have neither treaty nor negotiation ; but it is understood that a Charge 
 d" Affaires will soon be sent to that country, and, unless he goes to make 
 a commercial treaty, I presume he will go uncharged with any affairs 
 at all. Mexico, alone, remains to he considered. With her we have 
 interchanged Mmisters, and from our Plenipotentiary " near'* her Go- 
 vernment, we are informed, under date of the 13th and 28th of Sep- 
 tember last, that every article in the proposed treaty was adjusted 
 to his entire satisfaction, save one^ and that one a proposition, on the 
 part of Mexico, to reserve the right of granting some commercial 
 privileges with the other American States, formerly Spanish, which 
 would not be granted to other Powers. The last intelligence from our 
 
 * The Committee of Foreign relations, in the House of Representatives, in a 
 report, professedly replying to objections to the Panama mission, which objec- 
 tions had not, at that time, been made any where but in the Senate, has quotci 
 the first and second of these restrictions, and omitted the third. The omitted 
 clause, I presume, was deemed by the Committee to be immaterial and not worth 
 inserting ; but, in my opinion, the inserti,an of it would have aanihilated their re- 
 port, 
 
so 
 
 minister, left the negotiation hanging upon this single point, with a 
 peremptory declaration, on his part, that he would never agree to it. 
 Since then, the Message of the Mexican President to his Congress, 
 has been seen and read by us all, in which iie speaks of this treaty be- 
 ing so nearly concluded, as to enable him to say that it vvould be laid 
 before Congress in a few days ! Then take this matter as you will ; 
 in the first place, it is highly probf b!e that we have, before this time, 
 treaties with all these Powers, containing every stipulation that we 
 wish. Certain it is, that we have such with Colombia and Guatemala, 
 tmo out of three of the Powers tiiat have invited ns to Panama. It is 
 almost certain that we have the saaie from Mexico, the remainmg 
 power that invited us---higtily probable that we have just what we 
 want from Buenos Ayres and Ciiili ; and, if we have not, it would 
 seem like a sleeveless errand to go to Panama to get it, because Chili 
 has not invited us to meet her there ! :\nd Buenos Ayres has, her- 
 self, refused to go there ! Neither has Peru invited us, nor can it 
 be presumed that, without the expectation of seeing us at Panama, 
 either this power or Chili has given full-powers to their plenipoten- 
 tiaries to treat with us at that place. Shall we, then, voluntarily incur 
 the hazard of losing all that we have secured from these nations 
 separately, by opening fresh negotiations with them in a body ? 
 Shall we run the risk of seeing Colombia, Guatemala, Peru, Chili, 
 and the rest of them, innoculated witli this Mexican doctrine — a doc- 
 trine so well calculated to become infectious, of granting to each other 
 peculiar privileges to the exclusion of us ? Is not a bird in the hand 
 worth two in the bush ? Are not four birds in the hand worth the 
 feather of one in the bush ? 
 
 But let us look further. Who is the negotiator contending with 
 «ur Minister in Mexico for this doctrine of exclusive privileges ? Is 
 it not Don Ramon Arisfie ? And who is Don Ramos ? A Catholic 
 Bishop ; (and I do not mention this in derogation of his character, 
 but for a purpose which will show itself in the proper place ;) a Ca- 
 tholic Bishop, and one of the Mexican Plenipotentiaries to the Con- 
 gress at Panama. Yes, Sir ; the negotiator selected to contend with 
 Mr. Poinsett in Mexico for this doctrine of reserving peculiar com- 
 mercial privileges among the new States, because they are akin to one 
 another, and we are not akin to them — ihis negotiator is one of the 
 plenipotentiaries appointed to meet our Ministers at Panania ! And 
 is there nothing in this coincidence ? No visible sign about it, of the 
 determination of Mexico to contend for the same thing in this Con- 
 gress .•* To those who think so, the perusal of Mr. Poinsett's letters 
 of the 1 3th and 28th September, will show them their error. They 
 will there discover that Mexico is " obstinately bent" upon carrying 
 this point ; that she looks to the Congress at Panama as the place at 
 which she can carry it; and to the sensible answer of Mr. Poinsett, 
 that, while our treaties with the other States continue^ they cannot 
 enter into this arrangement with Mi-scico, the negotiators of this Power 
 reply, that these treaties may be dissolved and even mention war as a 
 means of dissolving them ! But tiicse passages are t"o material to 
 be paraphrased ; let us have the information of Mr. Poinsett in his 
 owB words ; 
 
80 
 
 3fr. Poinsett's letter to Mr. Clay, September 28, 1825. 
 
 EXTRACT. 
 
 •" I replied, tliat this exception could now avail them (the Mexicans') nothlngf, as 
 our treaty with Colombia, and those probably by this time concluded with Buenos 
 Ayres and Chili contained no such provision. The Plenipotentiaries of Mexice 
 hastily remarked, that a -loar might dissolve any one of those treaties, and, in 
 such an event, they tliought Mexico ought to possess the power to evince her 
 sympathies in favour of either of the American nations which had formerly been 
 Spanish. To this observation I replied that I considered this argument conclu- 
 sive why the United States should not accede to the insertion of such a provision 
 in the treaty ; that I regarded a -war between the United States and any of the 
 other Republics of America, as a very remote and improbable event ; but that I 
 never would consent by treaty, to place the former in a less favourable situation 
 than their enemies, if, unfortunately, those Republics sliould ever become so." 
 
 Now, Mr. President, put this question upon either foot. Let it be 
 assumed that Mexico has concluded a treaty witi'. Mr. Poinsett before 
 this time ; or admitted that she has not. In the former case, it would 
 be idle to go to Panama to conclude it over again ; in the latter it 
 would be the extreme of imprudence to refer the subject to the Con- 
 gress at Panama ; because we should then have to open all our trea- 
 ties with the other Powers upon the same point, and to run the risk of 
 a general combination of those States against us. The improvidence 
 of doing this now, is even greater than it would have been when Mr. 
 Poinsett wrote ; for, since that time, Guatemala has concluded her 
 treaty with us, upon our own terms. Mexico is left alone, and must 
 yield if we stand still and do nothing ; for it is impracticable for her 
 to grant these exclusive privileges to the other Stales, until they are 
 loosed from their treaties with us, and free to grant them back again 
 to her. Why, then; spoil our own market by a childish over eagerness 
 to trade ? 
 
 So much for the item of commerce : enough, I think, Mr. Presi- 
 dent, to prove two things ;. first, that the Congress at Panama, has no 
 power to treat upon the subject at all ; and, secondly, if it had, that 
 it would be unwise and improvident in us to go there to treat about 
 it. 
 
 But the President proposes another object in the same paragraph 
 of his message — which relates to commerce, and somewhat in con- 
 nexion with that subject. It is the establishment of certain unset- 
 tled and disputed principles of national law. 
 
 I hold it to be a sufficient answer to this suggestion, to refer again 
 to the third restriction upon the powers of the Congress ; the one 
 which forbids that body to touch the subject of foreign relations. 
 But there is another point of view in which to look at this sugges- 
 tion, and to arrive at the same conclusion. The law of nations is 
 eithcY natural, derived from the law of nature ; or conventional, de- 
 rived from treaties ; or customary, founded upon usage. The intro- 
 duction of any new principle into the body of national law, or the 
 restoration of any old principle to it, in either the natural or the 
 customary \di\v,-w\\\ he. out of the question at Panama; and the al- 
 terations made by treaties are only binding upon the parties to the 
 treaty. (Vattel, section 2i of the Introduction.) And even without 
 a book to tell us this, natural reason would seem to say, that half a 
 "dozen of the youngest and weakest nations upon earth, collected it a 
 
31 
 
 corner of the worl3, woiild not be able, by any agreement among 
 themselves, to give a new code of national law to the oldest and most 
 powerful. 
 
 The subject next mentioned in the Message, is that of religion. 
 The President expresses an opinion that our Ministers at Panama 
 can be instrumental in effecting a change in the Constitutions of the 
 new Republics, favoi'able to the cause of religious liberty. He says 
 
 ♦« Some of the Southern nations are, even yet, so far under the dominion of 
 prejudice, tliat they have incorporated, v/ith their political constitutions, an ex- 
 clusive church, without toleration of any other than the dominant sect. Tlie 
 abandonment of this last badge of religious bigotry and oppression, may be press- 
 ed more effectually by the united exertions of those who concur in the princi» 
 pies of freedom of conscience, than by the solitai'y efforts of a Minister at any 
 one of the separate Governments." 8;c. 
 
 This, Mr. President, is the declaration of a direct intention to in- 
 terfere with the internal affairs of the Spanish American States. The 
 President proposes to effect an amendment in their " potitical con- 
 stitutions," in one of their fundamental and most valued articles. 
 This is an act which he has no right to do, and which our intended 
 Ministers cannot attempt, without giving just cause of offence. I 
 admit that the President may recommend to us an amendment in 
 our Constitution, and I should be glad to see him do so in a certain 
 particular; but I deny to him any right to propose amendments to 
 the Constitutions of foreign nations. It is true, sir, that he pro- 
 poses the mildest mode of operation, that of " moral influence :" but 
 even this is forbidden by the law of nations. The books forbid it 
 expressly. Listen to Vattel : 
 
 " It is the business of the nation alone to judge all disputes relating to its Gov- 
 
 ernment No foreign power has a right to intefere If any intrude 
 
 into the domestic affairs of another nation and attempt to infldenge its deUbera" 
 tiona, they do it an ikjurt." {Book 1. chap. 4, sec. 37. 
 
 Advice without request, is Mr. President, intrusive, and offensive 
 alike to nations and to individuals. This is the case on subjects of 
 ordinary policy ; how much greater the injury, how much deeper the 
 offence, when the interference touches their religion ! AlPsects are 
 sensitive upon this point, and Roman Catholics above every other. 
 The Catholic is the mother church ; and, whether right or wrong in 
 their belief, every individual belonging to it reposes upon the truth 
 of its doctrines with an unwavering and perfect faith. What, then, 
 will be the fate of our Ministers, if they undertake to ^^ firess the 
 abandonment" of a fundamental article of that religion, now " incor- 
 porated with the Constitutions" of the new Republics, and treat it 
 as a " badge of bigotry and oppression ?" The Committee of Foreigri 
 Relations have hinted at their possible fate, and I wiH now improve 
 upon their suggestion, and back it with the books. The committee 
 have suggested that the invitation given, would be withdrawn as 
 soon as our ministers unmasked their designs upon the religious es- 
 tablishments of the new powers ; I will suggest further, that, in ad- 
 dition to this withdrawal of invitation, they might be ordered to quit 
 the territories of the confederates as disturbers of the public peace, 
 
 [Here Mr li. read several passages from Vattel, to shew that an ambassador 
 is not allowed the public exercise of a religion not tolerated by the law of the 
 land ; that he would be considered as a disturber of the public peace, and migh' 
 b$ ordwcdi out of th(j country, for §M.?h »n offence.] 
 
33 
 
 And continued— If, then, the public exercise of a religion, nottole- 
 rated, would be an dffence in an Ambassador, for the commission of 
 which, all the high priviltgts of his character could not save hina 
 from expulsion, what else, in addition to this penalty, niight he not 
 expect for attempting to create that universal disturbance which 
 would result from the commission of the same oftence by all de- 
 scriptions ol persons, foreigners as well as citizens ? Aid to 'V horn, sir, 
 is this proposition to be addressed ? W ho is it that art to !)<: told that 
 they are " under the dominion of prejudice ?" Who is it that are to 
 be tharged with " bigotry and oppression ?" It is an assembly of Ro- 
 man Catholics, one ot them, at least, a Bishop in full pontificals, 
 bound to preach, as the others arc bound to believe, that '' without 
 the. pale of the Roman Ca'holic church, there is no salvation." And 
 is tills the way to negotiate, lo make treaties, and draw closer the 
 bonds of friendship between us and the Spanish American States?'* 
 I had always understood that the first business ui the negotiator was 
 to gain the good will of the opposite party, and that, when this was 
 effected, his treaty was more than half made. But here we are to 
 set out with insults upon the religion of the opposite party, and out- 
 rages upon their prejudices, (if you will,) with committing an offence 
 against the law of nations, for which our ministers may be ordered to 
 quit the country ; an offence precisely equal to an attempt on the 
 part of their ministers, now in this city, to »^ exert" their " moral in' 
 jffuence'^ to procure an amendment in our C j stitution to make the 
 R> 'nan Catholic Religion the established cliiirch in these U. States.* 
 
 * 111 the President's message to the House of Representatives, this subject of 
 Keligi>>n is presented under an aspect entirely different from the view above 
 taken. I am one of those who complain of that difference, and to enable the 
 candid part of the community to judge for themselves, I will here insert the two 
 paragraphs in parallel columns : 
 
 Message lo the Seruite. 
 
 There is yet another subject, upon 
 which, without entering into any treaty, 
 the moral influence if the United States 
 may, perhaps,be exerted with beneficial 
 consequences at such a meeting — the 
 advancement of religious liberty Some 
 of the Southern nations are, even yet, 
 so far under the dominion of prejudice, 
 that ihey have incorporated, with their 
 political constitutions, an exclusive 
 church, without toleration of any other 
 Ihaii the dominant sect The abandon- 
 ment of this last badge of religious bigot- 
 ry and oppression may be pressed more 
 effectually by the united exertions of 
 those who concur in the principles of 
 freedom of conscience, upon those who 
 are yet to be convinced of their justice 
 and wisdom, than by the solitary efforts 
 of a minister to any oae of the separate 
 .Covcniments- 
 
 Message to the H. of Refiresentatives. 
 
 And lastly, the Congress of Panama 
 is believed to present a fair cccasion for 
 urging upon all he new nations of the 
 South, the just and hberal principles of 
 religious liberty. Not by any intefer- 
 ence whatever, in their internal con- 
 cerns, but by claiming for our citizens, 
 whose occupations or interests may Call 
 them to occasional residence in their 
 territones, the inestimable privilege of 
 worshipping their Creator according to 
 the dictates of 'heir own consciences. 
 This privilege, sanctioned by the cus- 
 tom nry law of nations, and secured by 
 tre.ay stipulations in numerous national 
 compacts secured even to our own 
 cilLaens in die treat es with Colombia, 
 and with the Federation of Central 
 Amtnca is yet to be obtained in the 
 other South .American States and NJexi. 
 CO Existing prejudices are still strug- 
 g ing .igai St it, which may, perhaps, be 
 more successfully combatted at tiiis 
 general meeting than at the separate 
 seats of Govormwt of each Republic, 
 
83 
 
 A third object to be accomplished by this Congress, is one in- 
 distinctly seen in tire message* — the establishment of a league of 
 Republics to counterpoise the Holy Alliance of Europe. The honor 
 of being at its head, seems to be tendered to us. This, Mr. Presi- 
 dent, is a most seductive object. It addresses itself to the generous 
 and heroic feelings of our entire population. The brilliant honor 
 of presiding in a such a league would cast a new splendor over our 
 administration; but it is the business of those who are appointed 
 by the Constitution to counsel the President about it, to take coun- 
 sel themselves rather from their judgments, than from illusions of 
 glory, and the ardent feelings of young men. 
 
 The despots of Europe have confederated for the purpose of 
 putting down liberty. They have embodied one million five hun- 
 dred thousand bayonets to march against the banner of freedom 
 
 I raain.aln, that the first messag-e proposes an interference in the internal con* 
 cernsof the Spanish American States ; the latter, I admit, suggests nothing but 
 a laudable and familiar proposition. No!)ody could object to it. The Senate, 
 the " nineteen'' included, would not : for, in the moaths ofDecembef and Janua- 
 ry preceding', they had unanimously ratified the Col ombian and Guatemalian 
 treaties, eac ; of which contained the stipulation for freedom of worship and right 
 of burial in decent and suitable places. I have heard of no difficulty in getting 
 the privilege of worship from " the separate Governments ;" we have it from them 
 as far as we have treaties vvith them ; and i can see no necessity for going to Pa- 
 nama for it. 
 
 In the second message, there is also this sentence : 
 
 " It may be, that in the lapse of many centuries, no other opportunity so fa- 
 vourable will be presented to the Government of the United States to subserve 
 the benevolent purpose of Divine Provideiice, to dispense the promised blessings 
 of the Redeemer of mankind." 
 
 I do not like this jauibling of politics and religion. 
 
 In monarchies, Church and State naturally go together ; in Republics, they 
 should be kept apart. Their union is more dangerous to liberty, than the union 
 of the purse and the sword. It was the religious consular order of 1801 for the 
 burial of Pius 6th, that made the ten years' Consul a Consul for life. — Every 
 Catholic in France voting for the life-estate, at the election of 1802 ; and this 
 estate was only converted into a fee simple by the Conservative Senate in 
 1804. — The buri.al of a dead Pope, in 1801, brought a living one to Paris 
 in 1804. to exclaim at the Imperial Coronation, " Viva' Imperator in ceter- 
 ?mm," " May the Emperor live forever !" After all, the Consul, General, and 
 Emperor, had no religion at all. This he told us at St. Helena. In Egypt a 
 Mussulman, in France a Catholic, in St. Heleta a Free-thinker. 
 
 I say, I do not like this jumbling of politics and religion. My dislike to it dates 
 from the reading of Cromwell's expulsion of the Rump Parliament, when he said 
 to one member, " thoti art an adulterer ;" to another, " tAotc art a h/fpocrite ,•" to 
 a third, "the Lordhnthno further occasion for thee," and to the whole, — "I have 
 besought the Lord, night and day, not to put me upon this work ; but he hath 
 sent me here to drive ye all away — get ye gone !" 
 
 * The President in his second message, the one to the House of Representa- 
 tives, has come |outj more explicitly on this subject. He even seems to stimu- 
 late Congress by piquing their pride on the delicate article of their animaal cour- 
 age. He says, (ui answer to the supposition that the Holy Allies may take of- 
 fence at this meeting at Panama) tliat " The Holy League of Europe itself was 
 formed, without inquiring of tiie United States, whether it would, or would not, 
 give umbrage to them. The fear of giving- umbrage to the Holy League of Eu. 
 rope, was urged as a motive for denying to the American nations the acknowl- 
 edgment of their Independence. That it would be viewed by Spain as hostility 
 to her, was not only urged, but directly declared by her.self. The Congress and 
 admiiiistration of that day consulted their rights and d'lties, and not thejr Fkaius,'* 
 
■« hcrevcr it can be seen. One of the firotcgc^ of this alliance is en\ 
 gaged in war with the Spanish Anrerican States, formerly his colo- 
 nies ; and these states have confederated against him^ as we con- 
 federated against our ancient master, in the war of the Revo- 
 lution. For the success of all their objects in this confederation, 
 they have the prayers and the best wishes of all the friends of liberty 
 throughout the globe. But I cannot advise the President to enter 
 into this confederation as a partner, neither upon the open sign, nor 
 in the secret articles.* I cannot approve even of a dormant part- 
 nership in this business. Not that I am determined, in no event, to 
 make common cause with these new republics, or any one of them, 
 in a contest with the combined powers of Europe ; but because I 
 ■would be the judge of the occasion which required me to do so, and 
 free to act as I thought proper, when the occasion occurred. The 
 occasion may occur, Mr. President. We have the Holy Allies in 
 front and in rear, in Europe and in Asia. They may conceive it to 
 be the shortest way of accomplishing their final object, to extin- 
 guish, at once, the light of liberty in the new world; and the sub- 
 jugation of the new Republics might be the first step in that great 
 work. In such an event, I would not wait for the dastardly privilege 
 of being the last to be devoured. I would go into the contest from 
 the beginnings* I would grapple the universal enemy while he was 
 engaged with my neighbor ; I would go into the conflict not as ally, 
 but as principal; not with regulated quotas and starveing contin- 
 gents, but with all our power by land and sea. I would go into it to 
 conquer or to perish. I would stake life and pro{>erty, and House- 
 hold Gods, upon the issue. I would fight the battle of desperation 
 and of death. It would be the last struggle for human liberty, and 
 should be worthy of the cause; great in the triumph, and greater 
 still in the fall I 
 
 The relations of Hayti witt> the American states, (these United 
 States inclusive) and the rights of Africans in this hemisphere, are 
 two other questions to be '■'■determined" at the Isthmus. We learn 
 this from a paragraph in the letter of Mr. Salazar, the Colombian 
 Minister. I will read it: for in matters of this kind, we cannot be 
 too exact. 
 
 The Paragraph. 
 
 " On what basis the relations of Hayti, and of other parts of our hemfsphere 
 that shall hereafter be in like circumstances, are to be placed, is a question sim- 
 ple at first view, but attended with serious difficulties when closely examined. 
 I'hese arise from the different manner of regardinsr Africans, and from their 
 different rights in Hayti, the United States, and in other American States. This 
 question will be determined at the Isthmus, and, if possible, an uniform rule of 
 eonduct adopted in regard to it, or those modifications that may be demanded by 
 circumstances." 
 
 Our policy towards Hayti, the old San Domingo, has- been fixed', 
 Mr. President, for three and thirty years.- We trade with her, but 
 
 * The Colombian Minister proposes that a defensive alliance against European 
 Powers shall be formed between the United States and the Confederates at Pa^- 
 n^ma, to be kept " secret" until the cams fxderis should occur. (Letter to Mr. 
 €lay, N»v. 2d, 1825.) 
 
35 
 
 uo diplomatic relations have been established between us. W« 
 purchase coiFee from her, and pay her for it ; but we interchange no 
 Consuls or Ministers. We receive no mulatto Consuls, or black 
 Ambassadors from her. And why ? Because the peace of eleven 
 states in this Union will not permit the fruits of a successful negro 
 insurrection to be exhibited among them. It will not permit black 
 Consuls and Ambassadors to establish themselves in our cities, and 
 to parade through our country, and give their fellow blacks in the 
 United States, proof in hand of the lionors which await them, for a 
 like successful effort on their part. It will not permit the fact to be 
 seen, and told, that for the murder of their masters and mistresses, 
 they are to find friends among the white people of these United 
 States. No, Mr. President, this is a question which has been de- 
 termined HERE for three and thirty years ; one which has never been 
 open for discussion, at home or abroad, neither under the Presidency 
 of General Washington, of the first Mr. Adams, of Mr. Jefferson, 
 Mr. Madison, or Mr. Monroe. It isone which cannot be discussei 
 in this chamber on this day ; and shall we go to Panama to discuss 
 it? — I take it in the mildest supposed character of this Congress — ■ 
 shall we go there to advise and consult in council about it ? Who 
 are to advise and sit in judgment upon it ? Five nations who have 
 already put the black man upon an equality with the white, not only 
 in their constitutions but in real life ; five nations who have at thi;^ 
 moment (at least some of them) black Generals in their armies and 
 mulatto Senators in their Congresses i And who is the counsel re- 
 tained on our part, to plead our cause before that tribunal ?... .Mr. 
 President, have we forgot the Missouri question, its agitators, and 
 their doctrines ? I say the agitators 1 for I separate the credulous crowd 
 that followed, from the designing few that went ahead. Have we 
 forgot the doctrines and the jeadars of that day ? — On this floor we 
 had one, who proclaimed to our faces, that slavery did not exist i 
 could not exist 1 was condemned by God and man ! by our own Dei- 
 claration of Independence! by the nature of our Government ! and 
 that the Supreme Court would so declare it I Well, sir, this gentle- 
 man has been sent to London, to plead the cause of slave-holders 
 before the King of Great Britian ; to claim payment for slaves taken 
 from us during the war, twelve years ago, and payment withheld 
 ever since, in violation of the treaty of Ghent. This gentleman was 
 one of those agitators, and we thought him for a long lime the most 
 violent and determined ; but not so the fact : for when this gentleman 
 had lost the " restriction" he scorned to go against the '■'■constitution'* 
 on account of some few negroes and mulatoes. He told me so him- 
 self, and his conduct was conformable to his declaration : for he 
 spoke no more on the subject- 
 But now came forth, upon another floor, another agitator, of 
 far different temper ; who, having taken the hold which knows no 
 relaxation, resisted the admission of Missouri during the entire ses- 
 sion of 1820 — 'fil,upon the single isolated point o^ free iiegroes' and 
 mulattoes' rights I And now, this very individual, who kept Missouri 
 out of the Union for one whole year, because she would not take 
 Iree negroes and mulattoes into her bosom — this identical individual 
 
86 
 
 i* to go to Panama to prevent the black ambassadors and consuls 
 from Saint Domini^jo, from coming into the bosom of the United 
 States! But gentlemen say it is only for advice and consultation. 
 I ans.ver, that the question is not debateable, neither at home nor 
 abroad; not even in this chamber, where we have sincere advocates 
 and unprejudiced judges. In reply to our objections to Mr. Ser- 
 geant, they say that Mr. Anderson goes along to plead the cause of 
 the slave holders. I say, if he must go upon such an errand, give 
 him an assistant, not an opponent. Give him another Southern man, 
 not a Missouri agitator, not a President of an Abolition Society, not 
 the veteran advocate of free negroes* and mulattoes? rights ! * They . 
 say they omy go to consult ! 1 say, there are questions not debate- 
 able. I would not debate whether my withholding the advice which 
 the President requires upon this occasion, is the effect of a ^^ factious 
 and unfirincipled opposition ;" I would not debate whether my slave 
 is my property ; and I would not go to Panama to " determine the 
 rights of Hayti and of Africans" in these United States. Mr. Pre- 
 sident, I do repeat, that this is a question which ought not to be agi- 
 tated by us, neither at home nor abroad. The intentions of the agi- 
 tators are wholly immaterial. The consequences to us will be the 
 same, whether their designs be charitable or wicked. Knaves can 
 do nothing without dupes. The wicked would be harmless, were it 
 not for the good men who become their associates and instruments. 
 Who made the massacre of San Domingo? Was it not the society 
 oi ^^ Les A?nis des JVoirs" -f in Paris? And who composed that so- 
 ciety ? I answer, every thing human, in the shape of virtue and of 
 vice, from Lafayette aiid the Abbe Gregoire, down to Marat and 
 Anacharsis Klootz. The speeches, the writings, and the doctrines of 
 this society, carried to San Domingo by emissaries with " religion in 
 their mouths, hell in their hearts, and torches in their hands," pro- 
 duced that revolt, the horrors of which yet haurow up the soul, and 
 freeze the blood. — That revolt, in which the sleeping babe was mas- 
 sacred in its cradle — in which the husband and the father, tied to his 
 own gate, beheld, by the light of his bummg house, the violation of 
 his wife — saw his daughters led off — and received, as a relief from 
 his horrors, the blow of the axe which scatteied his brains upon the 
 ground. And how was the news of these scenes received in Paris,, 
 by the authors of so much mischief? Very different, Mr. President, 
 by the different members of the society. The hearts of the good 
 were rent with anguish ; but the wicked rejoised with an exceeding 
 joy. Their dens, smeared with human blood, resounded with accla- 
 mations !-—r" /'em/i the Colonies— save the principle !" was the cry 
 of these infernal monsteus ; and have we not got societies here tread- 
 ing in the steps of that at Paris ? Is not our advocate at Panama a 
 President of one of these societies, whose principles, " carried out to 
 their legitimate conclusiojis,''' will justify the slaves of this continent 
 in re-enacting the tragedy of San Domingo ? Are not the slave- 
 
 * The vote on Mr. Anderson's nomination was one more, in his favor, than there- 
 Was in favor of Mr. Sergeant. Mine made the difference, 
 t *• The/i-iends of the blacks ?" 
 
37 
 
 holding States filled with emissaries, preaching doctrines which lead 
 to the same result? Has not a second Jltiacharsis Klootz appeared 
 in France, sent his petition here, and found a person in the Speaker's 
 chair to present it to the House of Representotives, in which the 
 total destruction of all the slave-holding States is recommended as a 
 « sublime" measure ? 
 
 [Mr. B. also referred to an address delivered by Judge Story, to a Grand Jury 
 in Boston, during the agitation of the Missouri question, which he considered to be 
 uncalled for by the case before the Court, and going the whole length of justifying 
 the insurrection of our slaves. He quoted from memory, and begged to be cor- 
 rected if he was wrong. He paused for the correction — none was given.]. 
 
 But there is one other point of view, Mr. President, in which 1 
 wish to look at this black and mulatto question. It is that point of 
 view which exhibits the real parties to it, their conduct upon it, and 
 their weight in its decision. Who are the real parties? They are 
 the States south of the Potomac, south of the Ohio, and the State 
 upon the right bank of the Mississippi. What is their conduct ? 
 They are in the opposition, united, sir, against this mission, solid as 
 a wall of granite, some fissures about the edges excepted. And 
 what their weight in the decision ? A feather ; dust in the balance !■ 
 Yei, sir, the real parties to this question are disregarded, and stran- 
 gers to their interests decide it for them. 
 
 The last, and the main argument, relied upon by the President, for 
 sending this mission, is the fact af invitation to do so. This he calls 
 Xht'-^ decisive inducement ." The President is particular in the use 
 of words ; we are permitted, therefore, to say, that all other reasons 
 for sending the mission were /^ersMasroe only, until the weight of this 
 invitation decided his mind. I felt the full force of this decisive rea- 
 son myse4f. Invitations to mere individuals are often embarrassing, 
 and cannot be accepted without inconveniences or impropriety, nor 
 refused without giving offence. With nations, the acceptance or 
 decline of respectful invitations, often become an affair of state, full 
 of responsibilities. When then I saw it stated in the newspapers, 
 that wc had been '' invited " I felt the delicacy of the position in 
 which our Government was placed. When the annual message was 
 read, and I heard from authority, that the invitation had bii(;n given. 
 and accejited^ and that ministers would be commissioned^ I was ready 
 to give my advice in favor of sending them, with a protest against 
 the President's right to send them without such advice. When the 
 message of the 26th December was read, and the fact of the invita- 
 tion placed in high relief, as the decisive cause, I responded to the 
 sentiment, and said to the Senator next to me, " that is the strongs 
 est of all the reasons."* But what was my astonishment on coming 
 
 * In the Presilent's message to the House of Reprc;sentatives, he dwells with 
 warmth and animation upon the force of this invitation. He makes it an aftkir of 
 tnsidt to refuse it. " To ijjsit/i ■ hem by a refusal cftlieir overture." "To meet 
 the temper with which this proposal was made, with a cold repulse." "Nothing 
 can be gamed by sullen re/»?«.'ses and .\.spiuis ■■ pretensions." Such is the lan- 
 guage of the message to the otlier branch of the Legislature. But I deny that 
 the alternatives lay between a blmd acceptance, an-i a cold, sullen, and insulting 
 refusal ! I say that the President and his cabinet would hare proved themselves 
 
38 
 
 to look among- llie appended documents, to find out the real circum- 
 stances of this invitation ! I found them to be entirely different from 
 what I had supposed them to be, and from what the newspapers and 
 the President's Messages had induced me to believe them to be. But 
 as this ground is delicate, sir, I must trust nothing to memory, nor 
 even to my notes. Let the President's organ speak, the report of 
 the Secretary of Stale, which accompanied the message of Decem- 
 ber 26th. 
 
 The Rejiort. 
 
 "Sir: Agreeably to your direction that a statement should be presented to 
 you of what passed in the Department of State, with the Ministers of the Repub- 
 lics of Colombia, Mexic i, and Central America, in respect to the invitation to the 
 United States, to be represented in the Congress at Panama, 1 have the honor 
 now to report : 
 
 " That, during the last Spring, I held seperate conferences, on the same day, 
 with the respective Ministers of Mexico and Colombia, at their request, in tlie 
 course of which, each of tliem verbally stated that his Government was desirous 
 that the United States should be represented at the proposed Congress, and 
 that he was instructed to communicate an invitation to their Government to send 
 representatives to it. But that; as his Guvernment did not know whether it 
 would, or would not, be agreeable to the United States, to receive such an invi- 
 icUion, and as he did not ti-ish to occasion any embarrassment, he was charged infor- 
 inalbj to in/jiiire, previous tu the delivery of the invitation, whether it would be ac- 
 cepted, if given by both of the Republics of Mexico and Colombia. It was also 
 stated, by each of those Ministers, that his Government did not expect that the 
 United States would cliange their present neutral policy, nor was it desired that 
 they should take part in such of the deliberations of the proposed Congress as 
 might relate to the prosecution of the present war. 
 
 " Having laid before you what transpired at these conferences, I received, about 
 a week after they had been lield. your direction to inform the Ministers of Mex-- 
 ico and Colombia, and I accordingly did inform them, that their communication 
 was received with due sensibility to the friendly consideration of the United 
 States by which it had been dictated ; that, of course, they could not make them- 
 selves a party to the existing war with Spain, nor to councils for deliberating on 
 the means of its further prosecution ; that the President believed such a Congress 
 as was proposed, might be highly useful in settling several important disputed 
 questions of public law, and in arranging other matters of deep interest to the 
 American Continent, and strengthening the friendship and amicable intercourse 
 between the American Powers ; that, before such a Congress, however, assem- 
 hied, it appeared to him to be expedient to adjust bet-ween the different poivers to 
 be represented st\QYa\ preliminary points, such as the subjects to which the atten- 
 tion of the Congress was to be directed, \he nature and theyirm of the/>ower« to 
 be given io the diplomatic agents who were to compose it, and the mode of its or- , 
 ganizution and action. If these preliminary points could be arranged in in a man- 
 ner satisfactory to the United States, the Ministers from Colombia and Mexics 
 were informed, that the President thought the United States ought to be repre- 
 sented at Panama. Each of those Ministers undertook to transmit to his Go- 
 vernment, the answer which was thus given." 
 
 to be unfit for their stationsif they could have discovered no middle ground be- 
 tween these two extremes. They did see the middle ground. They resorted 
 to it. Thpy took a position upon it like statesmen ; occupied it for six months ; 
 and then abondoned it without any reason that has been shewn to us, the Senate. 
 Then why this talk about insult in the second message ? Is it an after thought, 
 ^ piece of material, to be worked up with other material, to compose an impag-. 
 sioned appeal to the People through tlie medium ©f the House of Representa- 
 tives : 
 
This report, Mr. President, put a new face upon the character of 
 the invitation. I found it had not been peremptory, not of a kind to 
 impose an obligation of acceptance, nor so understood by either of 
 the parties. I found that our Government had been sounded with 
 the utmost delicacy, in an unofficial conversation, to know wh-ether 
 it would be agreeable to itself to receive the invitation, and that the 
 President had met the overture with the utmost propriety, with 
 friendly professions, and with a stipulation for pleliminaries which 
 gave him the 'vantage ground, and enabled him to accept the invi- 
 tation, eventually, with safety and honor, or to decline it without 
 offence. Thus far the conduct of both parties must receive an un- 
 qualified approbation. But what next? Why, sir, on the second, 
 third, and fourteenth of November ensuing, the preliminaries not 
 being complied with^ the invitation is delivered in form ; and on 
 the thirtieth of the same month it is accepted " at owc(?."— Six 
 months roll away, and at the end of that time, the ministers send in 
 their answers, the conditions not complied with, and our Govern- 
 ment accepts " at once." Call this an invitation ! Sir, it is but lit- 
 tle short of the reverse — We are invited provisionally, — we make 
 conditions; — the conditions are not complied with; but the invita- 
 tion is extended in form. What is this but a dispensation to stay 
 away ? The non-compliance with the conditions is the substantive 
 answer, and the formal invitation to attend, nevertheless^ isfc. is the 
 compliment to grace the repulse. — Let any gentlemen make the case 
 his own. He is invited to a party, either for business or pleasure — 
 he makes conditions — -he must know four things, or not come. The 
 four things are told him, but the inviters say, " ive shall be glad to 
 see your sir!" — What is this but leave of absence ? Sir, I am not 
 joking about this matter. I do believe that our attendance, at the 
 forepart of this session, will be embarrassing and disobliging to the 
 Confederates, and that, if they wish us to come at all, it is not irnme- 
 diately. I will give another reason for this inference, in the proper 
 place. At present it is sufficient to know the fact, that these con- 
 federates are determined upon the invasion of Cuba and Porto Rico, 
 and that we are going to Panama to advise against it. 
 
 From this view of the invitation, it is clear that it v/as not of a 
 character to lay us under an obligation to accept it — that we might 
 have declined it without offence, and that our final acceptance was 
 more our invitation than theirs. But there are two other aspects 
 under which this invitation is still to be looked at. In the first 
 place, it comes from a part only of the confederates — three out of 
 j^ve — Colombia, Mexico, and Guatemala; Peru and Chili not hav- 
 ing joined in giving it. In the next place, our invitation is by word 
 of mouth, or, at least, by a note. We go, if we go at all, upon a 
 parole request, whereas all the other powers go upon treaties. They 
 create the office by treaties, before they fill it, and in this they do 
 right. Their Constitutions are copied from ours, and from their ex- 
 ample our Government should learn, if not from 02;r arguments, that 
 this office should be created before it is filled. But, on these poinib, 
 as on many others, I limit myself to stating the proposition, and 
 pefer the Senate t» the unansAVercd and irrcfutcible arij-uments of 
 
40 
 
 gentlemen who have preceded me — the Senators, Macon, Randolphs 
 Hayne, Woodbury, Dickerson, Van Buren, White, Holmes, Berrien, 
 and him whose argument we have, but unhappily not his presence — 
 Tazewell: These have broke the way before me, overturned all 
 obstacles, silenced all voices, and left to me the easy task of follow* 
 ing in the rear — a file closer in the column which traverses the field 
 witliout resistance. 
 
 Some further arguments, Mr. President, and of a kind which I 
 was not prepared to hear, have been pressed into the service of this 
 mission. It is said that our refusal to give this advice will em- 
 barrass the President ; that he has already accepted the invitation, 
 and informed the world that Ministers would be sent; and that he 
 will disgraced if they do not go. We have just seen, sir, what 
 manner of invitation this is; and as for that precipitate acceptance, 
 six days before the meeting of the Senate, to urge this acceptance 
 in favor of our acting, at this time, would be to make one act of" 
 imprudence a plea for an other; and, as for the decalration, that 
 Ministers would be commissioned, I look at it in this wise : £[• 
 ther the President still believes that he has the right to do that 
 thing, or he does not. Take which you please. In the first case^ 
 let him send out his ministers, and meet his responsibility to this 
 to Senate and to the people; in the other, let him acknowledge his 
 error, make atonement to the offended majesty of the Constitution, 
 and relieve himself and us from the effects of the strife which must 
 otherwise subsist between us, and spread itself throughout the 
 states of this Confederacy. 
 
 The argument of embarrassment is one to which I am not insen- 
 sible, and one to which I have already tiyice yielded under this ad- 
 ministration. I allude to the nomination of Mr. King. In that case I 
 yielded to the embarrassment? but the present does not come forward 
 under similar circumstances of excuse and mitigation. In that case 
 the nomination was one of six months standing; the Minister was 
 gone, with his children and grand-children — he was at his post, en- 
 gaged in his negotiations — his outfit and salary in his pocket. Here, 
 on the contrary, is an acceptance of six days; the nominees yet at 
 home ; their salaries yet in the Treasury. Mr. King's nomination 
 was to fill a vacancy — a/zro. tern, appointment, to endure to the end 
 of this session of Congress — and was clearly within the Constitu- 
 tional competency of the President: but the institution ©f this Pa- 
 nama Mission, was a new measure — the promise to send ministers 
 was a promise to make an original appointment, and clearly without 
 the President's power. My reasons for yielding to embairassment, 
 in the case of Mr. King, do not apply here. The Senate have their 
 rights as well as the President, and it is their duty to transmit them, 
 unimpaired, to their successors. One, and the most important of 
 these rights, is that of free deliberation. They are made counsel- 
 lors to the President— they were intended to be an efficient body, a 
 check and control upon the President — in some respects superior to 
 him, particularly in the article of impeachment ; for the Senate may 
 sit in judgment upon the President, and pronounce the forfeiture of 
 
41 
 
 of his office ; but even then they could not judpfe of his " J«o^iTye«'**-* 
 that would belong to God. They could only judge him by his acts, 
 "We have aright to give him advice, in the plain meaning of the word 
 -—advice before-hand, to regulate his conduct, and not advice after 
 the fact, to confirm and applaud what he may have done. To give 
 this advice like Senators — like freemen, and in the spirit of the Con- 
 stition, we must be untrammelled and unembarrassed. The Presi- 
 dent has no right to embarrass us ; yet he has twice done so in one 
 session. Once we have yielded — shall we yield again, and so on 
 from time to time, until the American Senate shall degenerate into 
 a Parliament of Paris — a Bed of Justice, for the registration of Pre^ 
 sidential edicts f Yet this is the real argument which is getting 
 this Panama Mission along. This consideration is dragging it 
 through the Senate, and, this left out, and ourselves fairly consulted, 
 according to the spirit of the Constitution, and left free to act, with- 
 out giving offence, and my word for it, the voice would be general, 
 if not unanimous, against appointing ministers, and in favour of 
 sending agents or commissioners 
 
 Another argument near akin to the one last mentioned is also urged 
 tipon us — one which addresses itself to the kind feelings of the Senate^ 
 and asks if they have not confidence in the President ? I answer 
 that this is not a case for confidence, but for advice. The two things 
 are distinct in their nature, and ought not to be confounded in prac- 
 tice. There are cases when the President has a claim to confidence, 
 and then it would be a breach of the spirit of the Constitution to 
 •withhold it; but in this case he asks for advice, that is, for us to tell 
 him what he ought to do, and, instead of giving him real counsel to 
 do a thing, or let it alone, this miserable argument of confidence 
 steps forward to say, " Do as you please, Sir." In a case of real dif- 
 ficulty, Mr. President, such good natured counselling would give the 
 Executive no help ; and, in a case in which he was determined to 
 have his own way, such tame acquiescence in his views would sink 
 the Senate into a mere approbatory council, and place them as a sort 
 of political break-water, between the President and the People, to 
 shelter him from the tempest of their just indignation. 
 
 fThere is one other considerati n, Mr. President, which I wish to 
 bring to bear upon this question — a consideration which would have 
 commanded considerable attention about a quarter of a century ago, 
 but for which I cannot claim much respect in these "sky-light," ov 
 
 * This refers to the President's confidential message to the Senate, of Ft brua- 
 ry 17th, in which the imputation of bad motives in the Senate, and the Presi- 
 dent's claim to judge them, seems to be inferrible. The following is the seiv 
 tence : Let the reader judge. 
 
 " Believing that the established usages of free confidential communication! be- 
 tween the Executive and the Senate, ought, for the public interest, to be pre- 
 served unimpaired, I deem it my indispensable duty to leave to the Senate itself 
 the decision of a question, involving a departure, hitherto, so far as I ara inform- 
 ed, without example, from tliat usage, and upon tiie motives for which, not being 
 informed of them, I do not feel myself competent to decide. 
 
 JOHN QUINCY ADAMS." 
 
 t This topic was pretermitted in the spoken speech, bet it 13 deenied neeessary 
 *o a fair view of the mission, to insert il hivfi. 
 6 
 
9,000 
 
 do. 
 
 2,000 
 
 do. 
 
 4,500 
 
 do. 
 
 4,500 
 
 do. 
 
 4,500 
 
 do. 
 
 9,000 
 
 do. 
 
 2,000 
 
 do. 
 
 4,500 
 
 do. 
 
 ratliei, sky-rocket, limes, when administration is circumnavigating the 
 globe, and vaulting against the heavens, to find out objects of expen- 
 diture — it is the consideration of Expense ! We already have Min- 
 isters, Charged' Affaires, and Secretaries, under full salaries, with all 
 the Spanish American States, and we are about to institute a duplicate 
 mission at a great additional cost. Here is a book which tells us some- 
 thing about it. It is a little blue volume of 297 pages, filled with the 
 names of about 10,000 persons who are drawing money out of the 
 public treasury. Let us read a page in it. 
 
 THE BLUE BOOK. Page 11. 
 
 JoEi, R. PoiJfSETT, Envoy Extraordinary and Minister Pleni- 
 potentiary to Mexico, S9,000 per annum 
 
 John Mason, Jr. Secretary of Legation, 2,000 do. 
 
 llicHARD '. Andersos, Minister Plenipotentiary and Envoy 
 Extraordinary to Colombia, 
 
 Beaufort T. Watts, Secretary of Legation, 
 
 CoNDT Uaguet Charge d' Affaires to Brazil, 
 
 AViLLiAM Miller, (now John Williams,) do. to Guatemala, 
 
 John M. Forbes, do. to Buenos Ayres, 
 
 Heman AtLEN, Minister Plenipotentiary and Envoy Extraor- 
 diniry to Chili, 
 
 Samuel Earned, Secretary of Legation, 
 Charge to Peru, 
 
 Sixty thoHsand dollars per annum for salaries, and as much more 
 for outfits and contingencies, say g 120,000. Add the expenses of this 
 proposed mission to that sum : 
 
 Richard C. Anderson, &c. g9,000 per annum. 
 
 John Sergeant, Sec. 9,000 do. 
 
 William B. Rochester, 2,000 do. 
 
 Twenty thousand more. Then double it for outfits and contingen- 
 cies and make forty thousand. Then add the expense of equipping 
 and keeping at sea, I know not how long, the ship of war which is to 
 carry out our Ministers, I know not at what cost, but say 850,000, and 
 add all the items together. 
 
 We shall then find that we have ministers with all the confederates, 
 under full pay, treating with these same confederates at home, or doing 
 nothings while we are sending a splendid embassy to treat with these 
 same States at Panama. If there is economy in this, I know not the 
 meaning of the word ; it is a word indeed of which the sound, as well 
 as the meaning, seems to be lost, and the mention of which at this 
 time has more the air of intrusion and of interrupting the company, 
 than the aspect of presenting a serious topic for consideration.* 
 
 I now return, Mr. President, to the resolution which I have submit- 
 ted. I admit that my argument goes beyond it ; but I only ask the 
 Senate to vote the extent of the resolution itself. What is it? Why, 
 that we CANNOT advise the President to send this Mission to Panama 
 before we shall have had satisfactory information upon the character 
 of the Congress, the subjects it is to act upon, the powers of the Ple- 
 
 * Mr. Van Buren submitted a resolution in the Senate, importing, that it would 
 be better to order up some of these unoccupied officers to Panama, than to in- 
 stitute a new mission. But his resolution was rejected, 24 to 19, being the santli^ 
 vote as on the main (j^u,estion. 
 
nipotentiarie.s, the mode of organizing the body, and its mode of c/e- 
 ciding questions.* It seems to me, that the only answer which could 
 be admissible against this resolution, would be an allegation unfound- 
 ed, and therefore, not urged, that we have the information already; 
 for it is contradictory to ask us for advice^ and to withhold the state- 
 ment of facts upon which alone we could give advice. Instead of this, 
 we are urged to give the advice instanter, and by way of consolation, 
 we are asked, " Have you not confidence in the President?" Then, 
 I say, let him act on his own responsibility, not mine. Let him com- 
 mission his ministers, as he said he would, and be the consequences 
 /«■*, not ours. He says that he has the power; then exercise it! 
 Why persist in dragging the Senate at his heels ? — But what will be 
 the effect of adopting my resolution ? Will it defeat the mission ? 
 Not at all, sir. It will only postpone it for information which we have 
 a right to expect by every arrival from the seat of the Congress, or 
 from the cities of the neighbouring Powers. The Congress was in 
 session on the first day of November last. So says Mr. Obregon, in 
 his letter of the third of that month. This is four months ago. Since 
 that time, we have had news from the confines of Asia, not only upon 
 the straight line, but round by the head of the Borysthenes, the Gulf of 
 Finland, and the Baltic sea. The Emperor Alexander died at Tagan- 
 rock, on the borders of the Sea of Azoph, twenty days posterior to 
 the meeting of this Congress, and we have had intelligence of his 
 death, even by the way of Moscow and St. Petersburg, forty days 
 ago. Must we not, then, soon hear from our neighbours at Panama? 
 
 * It will be recollected that these are the President's own woi-ds, as commu- 
 nicated by him in Mr. Clay's report accompanying' the Message of December 25th. 
 Jn his Message to the House of Representatives, he seems to have changed ground 
 entirely upon this point. Far from wanting "satisfactory information" any longer, 
 the idea of it is turned into ridicule. The " indefinite' nature of the measure 
 becomes a " cogent reason for its adoption" But let the two messages speak for 
 themselves. Here they are. 
 
 JMessage to the Senate. 
 
 " 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 between the 
 different Powers to be represented se- 
 veral /"■e&Vnj/jary points, such as the sub- 
 jects to which the attention of the Con- 
 gress should be directed the substance 
 and the/uvm of the poivers to be given 
 to the respective representatives ; and 
 the mode of orgaiiizing the Congress ; 
 and that, if these points should be satis- 
 factorily arranged, the President would 
 be disposed to accept, in behalf of the 
 United States, the invitation with which 
 you were provisionally charged." 
 
 " Precision ofa judicial sentence— exactness of a mathematical demonstration " 
 This ridicule cannot fall upon tlie "Nineteen." — They only asked for "satisfac- 
 tort/ information," such as ttie Prcsldant himself asked for from April dH' May up 
 to tUe 30th day of November. 
 
 Jtfessuge to the House of Representatives. 
 
 " It has, therefore, seemed to me un- 
 necessary to insist, that every object to be 
 discussed at the meeting should be spe- 
 cified with the precision of a. Judicial sen- 
 tence, or enu'nei'ated with the exactness 
 oidLinathematicaldemonstration The pur- 
 pose of the meeting itself is to deliberate 
 upon the great and common interests of 
 several new and neighbouring nations. 
 If tlie measure is new and without pre- 
 cedent, so is tiie situation of the parties 
 to it. That the purposes of the mec ling 
 are somewhat indffnite, far from beii^.g an 
 objection to it, is among the cogent reasons 
 for its adoption . 
 
44 
 
 But some gentlemen seem to consider this Congress as a feast* 
 which may be over before the distant guests arrive, unless they hie 
 away with all possible speed. Not so the fact. It is not to be over 
 so soon. Whether it is to be a ^'' Love -feast" or a feast of the La- 
 pitha and Centaurs^ is not for me to foreknow and foretell, but one 
 thing is certain — it is not intended to be over in a day. It is intend- 
 ed to last /or ever .' and surely a thing which is intended to be eter- 
 nal, will last long enough to give us a little time for reflection before 
 we rush into it. But it is further said that something may be done 
 to our detriment before we arrive. Not so the fact. Look to Mr, 
 Obregon's letter of November 3d. the one last quoted. He says th6 
 Congress is in session, and that they ^'■luillbe engaged ufion the fireli' 
 minary rules of the Assembly." Why, sir, these preliminaries and 
 these rules, are the very things we want to know; the same for a 
 knowledge of which the President stipulated, before he would ac- 
 cept the invitation; the same for v/hich my resolution proposes to 
 wait : and shall we not wait a few days, weeks, or even months, to 
 receive such important and long desii-ed intelligence ? 
 
 These preliminary rules being agreed upon, what next? Why 
 Mr. Obregon goes on to inform us that the Congress will then be 
 occupied upon '' questions exclusively belonging to the belligerents,** 
 
 " Questions exclusively belonging to the Bklligerents 1" Now, 
 Mr. President, amidst all the contrarieties of fact and opinion 
 which prevail on the subject of this Congress, there is one point, at 
 least, upon which the whole of us agree, President, Secretary, Min- 
 isters, friends and enemies to the mission, in the House and out of 
 the House, all, all agree in this one point. And what is that ? Why, 
 sir, that we have nothing in the world to do with " questions be- 
 longing ExcLt'sivELY to the belligerents." Why, then, not suit the 
 action to the word ? Wliy not wait a little while for tiie question to 
 be disposed of? Why rush forward to commit our neutral charac- 
 ter upon a discussion of belligerent questions in a council of war? 
 And here I will bring out the suggestion which I huve hinted at 
 before. I intimated that the confederates did not wish our Minis- 
 ters to be be present at the forepart of this Congress. In making 
 this suggestion, I went upon the obvious principle that they did not 
 want counsellors to dissuade them from doing what were determin- 
 ed to do, and what any skilful and capable belligerents will do — 
 carry the ivar into the enemy's country — invade Cuba, Porto Rico, 
 the Canaries, the Phillipines, and Old Spain herself, upon her own 
 coasts, and within the Pillars of Hercules ! and for the truth of this 
 suggestion, I now hold the proof. Mr. Obregon's letter furnishes 
 it. He tells us that the belligerent questions are now under discus- 
 sion ; that they concern the confederates " exclusively;" and what 
 stronger intimation could a gentleman give that the time has not 
 arrived for us to go to the Congress, and that we should be ex- 
 cluded jf now there ? 
 
 But, gentlemen say that we shall be anticipated, and counteracted, 
 if we do not send immediately ; that a Power, which never sleeps 
 when her interest is at stake, will be before us with her operations 
 upon the Isthmus. Granted, sir, because that nation will do what 
 
45 
 
 we ought to have done, send an agent, without diplomatic character 
 or privilege. " La Senora de las JVacioness" will, doubtless, be there ; 
 not in the questionable and clumsy shape of a formal embassy,* but 
 in the active, subtle, penetrating, and pervading fnrm of unofficial 
 agents, speaking the language of the country, and establishing them- 
 selves on the basis of social iutercousre in every minister's family ; 
 and this is precisely what we should have done. We should have 
 sent an agent, as President Washington sent Gouvereur Morris to 
 London, in 1790, or a commissioner, as President Monroe sent 
 Messrs. Rodney, Prevost, and Brackenridge, to South America, in 
 1817. This Panama mission is acase for agents, and not for ministers. 
 Every object to be accomplished by ministers might have been ac- 
 complished by agents or commissioners — the greater part of the 
 expense saved, and the breach of the Constitution and of the law of 
 natiOns^voided. Agents or commissioners, could have expressed 
 our good"\Hshes, made explanations, held consultations, given ad- 
 vice, zy reywefi^rf, and sent home reports of all they saw and did. 
 This is all that either of the Senators propose the^ ministers to do : 
 for they agree, with us, that they cannot negotiate treaties. The 
 name of Agent, or Commissioner, would not have prevented the 
 first citizens of the Republic from going out on this service. Mr. 
 Gouverneur Morris was not inferior to Messrs. Anderson or Ser- 
 geant in point of talents, yet, upon the letter of President Washing- 
 ton, without diplomatic character or privilege, or ambassadorial out- 
 fitf he held conaultations with the Duke of Leeds and Mr. Pitt, trans- 
 mitted the result to his own Government, and paved the way for the 
 commercial treaty which followed. And this did not degrade Mr. 
 Morris, who had been a member of the old Congress, deputy in the 
 Convention which framed this Constitution, and member of this Se- 
 nate under the Constitution, nor prevent him from being appointed 
 soon after Minister Plenipotentiary and Envoy Extraordinary to 
 Louis the 16th. So, of Mr. Rodney, and of his rank of Commis- 
 si6>ner to South America, which did not prevent him from becoming, 
 afterwards. Senator, and Minister. 
 
 I think, Mr. President, that enough has now been said, surely, 
 enough until some part of it is refuted — to justify the Senate in 
 withholding its advice to the President to send these Ministers to 
 the Congress at Panama. I admit that Congress to be a wise mea- 
 sure for the Spanish American States, as our Congress was a wise 
 one for us in 1778 ; but it is impossible for us to advise this mission 
 in any of the various forms, or under any of the names and colors, in 
 •which it has been presented to us. We cannot send Ministers into 
 the Congress, for that would make us a party to it ; we cannot send 
 them to it ; for they are not sovereign to receive them ; we cannot 
 send them to act -mth it, for that is an organized body, and our min- 
 isters will be individual; we cannot send them to hang about it, and 
 talk, and remit home accounts of consultations ; for they are accre- 
 
 * This was spoken in the Senate on the 18th. Two weeks afterwards we re- 
 ceived information that Mr. Dawkins, British Commissioner, was on his way to 
 Fanama. Cimmisiioner, not Minister, 
 
dited to naiioNd, andcanuot sink to the condition of unofficial agents 
 and lobby ministers. 
 
 But the mission is said to be popular. Certainly it is exhibited 
 under forms to catch the public favor. Religion, Liberty, and Com- 
 merce ! Such are the banners under which it goes forth ! Banners 
 well calculated to draw after them a crowd of followers from every 
 walk and station in life. The prospect of a political crusade against 
 the " bigotry and ojifiression" of the Roman ('atholic church, must 
 warm the hearts and command the benedictions of every religious 
 sect in the Union. Even the Unitarians, who are not Christians, 
 must be struck with joy, and filled with delight, at beholding it. 
 The institution of a sacred Alliance of Republics, to counterpoise 
 the Holy Alliance of Kings, must fire the souls of all the votaries of 
 Liberty, The generous Republicansof the West must be particu- 
 larly inflanied by it. Then comes commerce with her golden train, 
 to excite the cupidity and to fire the avarice of the trading districts. 
 New Orleans, Charleston, Baltimore, Philadelphia, New- York, and 
 Boston, must see their riches suspended upon the issue of this mis- 
 sion to the Isthmus. In a word, every section of the country ; moun- 
 tain, valley, and sea-coast ; every class of citizens, and all denomina- 
 tions of religious sects, must find something in it to suit their par- 
 ticular taste, and to accommodate their individual wishes. It will 
 be to no purpose that Prudence, in the for™ of a Senatorial minori- 
 ty, shall come limping on behind, and endeavouring to prove that 
 all these expectations are vain and illusory. Cold calculation will 
 avail nothing against the fascinations of Religion, Liberty, and Com- 
 merce. Two of these objects alone, so far back as three hundred 
 years ago, precipitated the Old upon the New World — fired the 
 souls of Cortes, Pizarro, and their followers ; overturned the thrones 
 of Montezuma and the Incas, and lighted up a flame in which the 
 ' Children of the Sun' were consumed like stubble. What, then, 
 may not be expected when, to the inspirations, and the glitter of 
 these two objects, are added the noble impulsions and the brilliant 
 attractions of Liberty ? But great as are all these causes of popular 
 excitement, the success and popularity of the mission is not allowed 
 to rest exclusively upon them. The terrors of denunciation are su- 
 peradded to the charms of seduction. Those who cannot be won by 
 caresses, must be subdued by menance. A body co-ordinate, and 
 bodies not co-ordinate, have been set in motion against the Senate, 
 Loud clamors beset our walls. The cry o^^^ faction" — " opposition" 
 — " unprincipled " resound through the streets. Woe to the Senator 
 that hesitates I Woe to him that refuses his advice ! Woe to him 
 that asks for information before he gives it ! To withhold advice, 
 i« to deny confidence ; to deny confidence, is to oppose toe Ad- 
 ministration ; to oppose the Administration is to commit a crime of 
 the greatest enormity ; for the instant punishment of which, the air 
 itseif seems to be alive and filled with avenging spirits. 
 
 I have now finished, Mr. President, what I had to say. I do not 
 mean to recapitulate. I am no enemy to the new Republics to the 
 South. On the contrary, I have watched their progress with all the 
 so|icit.jtde of 9, partizari and all the enthusiasm of a devotee, from thr 
 
47 
 
 ilrst ii-npulsion at Buenos Jyrea, In 1806 and at 'DoZorw, in 1808, 
 down to ihe '^ crowninff mercy" at jiyachuco^in 1824. I saw with 
 pride and joy the old Castilian character emerging from the cloud 
 under which it had been hid for three hundred years. "When first 
 on this floor in 1821 — -'2, 1 voted for the recognition of the new Re- 
 publics — I gave my vote with a heart swelling with joy for the 
 greatness of the event, and with gratitude to God that he had made 
 me a witness to see, and an instrument to aid it. "Whether these 
 Republics shall be able to maintain their independence, and the free 
 form of their Governments, is not for me to say, nor is the decision 
 of that question material to my decision of this, I wish them to be 
 free and Republican, and I shall act upon the presumption that they 
 are to be so. I wish for their friendship and commerce, and to ob- 
 tain these advantages, I have advised the sending of ministers to 
 all the States; no matter bow young and unimportant, and would 
 now advise an agent or commissioner to be sent to Panama. I will 
 not despair of these young Republics. Under all their disadvan- 
 tages, they have done wonders. The bursting of the chains which 
 bound them to Old Spain, and the adoption of our form of Govern^ 
 ment, is a stupendous effort for a People sunk for ages in civil and 
 religious despotism. Bolivar, Victoria, Bravo, and a host of 
 others, have deserved well of the human race. They have fixed the 
 regards and the hopes of the civilized world. I trust that these 
 hopes will not be disappointed ; but in this age of miracles, when 
 events succeed each other with so much rapidity ; when the diadem 
 has been seen to sparkle on the brow of the Republican General, it 
 is not for me to hail any man as Washi»gtow ujitiJ he shR41 h-Jive 
 been canoniaed by the seal of de«tii. 
 

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