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shall not be constened by the proviso “ that this resolution Imfar from that, he proposes for exercise of the trente-monterfere with the independent
of recognition; and, if they
depart from that usage, and deny the nation a controlling * The measure is proposed under a thorough conviction deliberative voice in regulating its foreign policy.
that it is in etrict accord with the law of nations, and that The following are the chief precedents on recognition of the United States owe it to their position and character in Dew governments, and the policy of the United States Gov- the world, as well as to their essential interests, to adopt it." ernment on that topic:
"Should Congress concur in the view herein presented, On the 9th of February, 1821, Henry Clay moved in the they will doubtless Bee the propriety of making the neces House of Representatives to amend the appropriation bill Bary appropriations for carrying it into effect." by the following clause:
It is quite apparent that President Monroe was far from *** Foran outfit, and one year's salary, to such minister as the countenancing the opinion that the form and time in which President, by and with the consent of the Senate, may send the United States would think it necessary to express to any government of South America, which has established themselves on the policy of the recognition is a purely end is maintaining its independency on Spain, a sam noterecutire question, and that he did not think the decision of exceeding 18.000," It failed.
it constitutionally belongs not to the House of RepresentaOn the 10th of February, he moved that the House of tives, nor even to Congress, but to the President of the Representatives participates with the people of the United United States, to the exclusion of Congress. Had he so States in the deep interest which they feel for the success thought, he would have refused the production of the papers, of the Spanish provinces of South America, which are strug- as President Washington did the diplomatic instructivus gling for their liberty and independence, and that it will relative to the English treaty. give its constitutional support to the President of the United He would have announced his purpose to recognize the States whenever he may deem it expedient to recognize republics, and left it to Congress to provide for diplomatic the sovereignty and independence of any of the said intercourse with them. provinees.
Far from that, he proposes for their consideration the A motion to amend by the proviso “ that this resolution policy of recognition; and, if they concur' in that, askı shall not be construed to interfere with the independent them to make the necessary appropriations to carry it into exercise of the treaty-making power," and another, “that effect. the House approves of the course heretofore pursued by the He consulted the will of the nation at the mouth of ConPresident of the United States with regard to the said gress, and proposed to concur in its execution, provinces," were negatived.
So Congress understood him, for the papers and message The resolution was adopted, and a committee appointed were referred to the Committee on Foreign Affairs. That to lay it before President Monroe.
committee considered, in an elaborate report, the question The committee, on the 17th February, reported
of independence of the republics, the policy and principles * That the President assured the committee that, in com- involved in their recognition, and on the 19th of March, mon with the people of the United States and the Ilouse of 1822, they submitted it to the House. It concluded as folRepresentatives, he felt great interest in the success of the follows: provinces of Spanish Americi, which are struggling to es- “Your committee having thus considered the subject reLablish their freedom and independence, and that he would ferred to them in all its aspects, are unanimously of opinlaks the resolution into deliberate consideration, with the ion that it is just and expedient to acknowledge the indlemost parfait respect for the distinguished body from which pendence of the sereral nations of Spanish America without it hal emanated."
any reference to the diversity in the form of their governSo the liouse of Representatives took the initiative to nients; and in accordance with this opinion they respect wards reconizing the new republics. The amendinent to the fully sulmit the following resolutions : appropriation bill would have been a legislative recognition. | “Resolred, That the House of Representatives concur in The resolution was a forinal statement of the opinion of the the opinion expressed by the President in his message of the lose to the President, which he did not think beyond 8th of March, 1622, that the American provinces of sprun their constitutional authority.
which have declared their independence, and are in the enAt the first session of the next Congress the House of joyment of it, ought to be recognized by the United States as Representatives, on motion of Mr. Nelson, of Virginia, re- independent nations. sold
“Resolved, That the Committee of Ways and Means be *That the President of the United States be requested instructed to report a bill appropriating a sum not exceedto lay before this Ilonse such communications as may be in ing $100,000 to enable the President to give due ellect to such the possession of the Executive, from the agents of the recomition." Cluted States with the governments south of the United It is, therefore, equally apparent that the House of RepStates, which have declared their independence, and the resentatives of the 17th Congress was clearly of opinion communications from the agents of such governments in with President Monroe that the question of recognition was the United States with the Secretary of State, as tend to not purely executive, but that it constitutionally belongs to show the political condition of those governments, and the Congress as well as to the President; that the Legislature state of the war between them and Spain, as it may be con- declares the will of the United States, which the Executive sistent with the public interest to communicate."
gives effect to each concurring in the act of recognition President Monroe answered the application on the 8th according to their respective constitutional functions. of March in an elaborate message, of which the following In obedience to that resolution the following bill, recog. extracts sufficiently show that he did not think recogni-nizing the new nation, was reported and passed and aption “a purely executive question," and that the decision proved on the 4th of May, 1862: of it constitutionally belongs," not to the llouse of Rep “That for such missions to the independent nations on the resentative, nor even to Congress, but to the President of American continent as the President may deem proper, there the United States :"
be, and hereby is, appropriated a sum not exceeding 100,000, In transmitting to the House of Representatives the to be paid ont of any money in the Treasury not otherwiso documents called for by the resolution of that lIouse of appropriated." January, I consider it my duty to invite the attention of The approval of that law completed the recognition of Congress to a very important subject, and to communicate the new nations. The sending ministers to some or all of the sentiments of the Executive on it; that should Con- | them was a matter of executive discretion, not at all essengrexs entert:uin similar sentiments, there may be such co-tial to or connected with the fact of recognition, Ministers Ceration between the two departments of the Government were appointed to Mexico, Colombia, Buenos Ayres, and their respective rights and duties may require.”
Chili, on the 27th of January, 1823. None was appointed This contest has now reached such a stage, and been to Peru till May, 1826; yet it is certain Peru was as much attended with such decisive success on the part of the recognized by the United States as the other governments provinces, thitt it merits the most profound consideration, from the 4th of May, 18:22. whrther their right to the rank of independent nations, This great precedent has governed all that follow it. with all the advantage incident to it in their intercourse The acknowledgment of the independence of Texas with the United States, is not complete."
stands next in our history. It is a most instructive preceAfter narrating the events, he proceeds:
dent, strictly following the forms observed respecting the * When the result of such a contest is manifestly settled, governments of Spanish America. the new governments have a claim to recognition by other On the 18th of June, 1836, on the motion of Henry Clay, ponery which onght not to be resisted."
| the Senate adopted the resolution - When we regard, then, the great length of time which "That the independence of Texas ought to be acknowl. the war has been prosecuted, the complete success which edged by the United States whenever satisfactory informabas attended it in favor of the provinces, the present con- tion shall be received that it has in successful operation a dition of the parties, and the utter inability of Spain to civil government capable of performing the duties and fulproluce any change in it, we are compelled to conclude filling the obligations of an independent power." that its fate is settled, and that the provinces which have The Ilouse of Representatives, on the th of July, 1836, dixlared their independence, and are in the enjoyment of it, adopted a resolution in the same words; and added a auxht to be recognized.”
second: * in proposing this measure, it is not contemplated to “That the Honse of Representatives perceive with satis. change thereby in the slightest manner our friendly rela- faction that the President of the United States has adopted tions with either of the parties."
measures to ascertain the political, military, and civil con
ouse of apne approvane. The
dition of Texas.”—(Congressional Globe, 1st seseion 24th | whether the President sent diplomatic representatives of Congress, pp. 453, 486.)
not. Those resolutions were not formal acknowledgments of a | Quite in the spirit of these precedents is the well-considgovernment of Texas; the report of the Senate Committee ered language of the Supreme Court: showed the circumstances were not sufficiently known ; “Those questions which respect the rights of a part of a ad both Senate and House awaited further information at foreign empire which asserts and is contending for its in. the hands of the President.
dependence, belong more properly to those who can declure On the 2d Decernber, while communicating the informa. what the law shall be, who can place the nation in such a tion, President Jackson accepted the occasion to express to position with respect to foreign powers as to their own Congress his opinion on the subject. The following pasza - judgment shall appear wise, to whom are entrusted its for ges are very instructive, touching the authority to recog eign relations, than to that tribunal whose power as well nize new States:
as duty is confined to the application of tho rule which the "Nor has any deliberative inquiry ever been instituted in legislature may prescribe for it." Copsress, or in any of our legislative bodies, as to whom But the joint resolution of the 4th of April does more belouged the power of recognizing a new State ; a power, than declare the refusal of the United States to recognize a the exercise of which is equivalent, under some circum monarchical usurpation in Mexico. It declares a g-neral stances, to a declaration of war; a power nowhere ex- rulo of policy, which can be authentically and authorita press y delegated, and only granted in the Constitution, as tively expressed only by the body charged with the legislait is necessarily involved in some of the great powers given to Congress, in that given to the President and Senate to " Resolved, dc., That the Congress of the United States form treaties and to appoint ambassadors and other public are unwilling, by silence, to leave the nations of the world mipisters, and in that conferred on the President to receive under the impression that they are indifferent spectators of ministers from foreigo nations."
the deplorable events now transpiring in the republic of "In the preamble to the resolution of the House of Rep Mexico; and they, therefore, think fit to declare that it resentatives, it is distinctly intimated that the expediency does not accord with the policy of the United States to of recognizing the independence of Texas should be left to acknowledge a monarchical government erected on the the decision of Congress. In this view, on the ground of ex- ruins of any republican government in America, under the peliency, I am disposed to concur; and do not, therefore, auspices of any European power." think it necessary to express any opinion as to the strict The committee are of opinion that this anthority, to constitutional right of the Executive, either apart from, or speak in the name of the United States, has never before in conjunction with, the Senate over the subject. It is to the correspondence in question, been considered a purely be presumed that on no future occasion will a dispute arise, 1 executive function. as none has heretofore occurred, between the Executive and The most remarkable declaration of this kind in our his Legislature in the erercise of the power of recognition. It tory, which events seem now likely to make of as grave will always be considered consistent with the spirit of the practical interest as when it was uttered, is President Constitution and most safe that it should be exercised, when Monroe's declaration in his message of the 21 Decemprobably leading to war, with a previons understanding ber, 1823: with that ixdy by whom war can alone be declared, and by | “ With the governments which have declared their inde whom all the provisions for sustaining its perils must be pendence and maintained it, and whose independence we furnished. Its submission to Congress, which represents in have, after great consideration and on just principles one of its branches the States of this Union, and in the other acknowledged, we could not view any interposition, for the the people of the United States, where there may be reason- purpose of oppressing them or controlling in any other able ground to apprehend so grave a consequence, would manner their destiny by any European power, in any other certainly afford the fullest satisfaction to our own country, light than as the manifestation of an unfriendly disposition and a perfect guarantee to all other countries, of the justice toward the United States." an i prudence of the measures which ought to be adoptel." But though always the accurate expression of the feclings
Aitor forcibly stating why he thought " we should still of the American people, it was not regarded as the settled stand aloof,” he clcsell with the following declaration
policy of the nation, because not formally declared by Con** Having thus discharged my duty, by presenting with gress. By the administration of President John Quincy simplicity and directness the views which, after much re- Adams, which followed, it was treated as merely an execuflection, I have been leil to take of this important subject, I tive expression on behalf of the people, which Congress have only to add the expression of my confidence that if alone could elevato to the dignity of a national policy by Congress should differ with me upon it, their judgment will its formal adoption. be the resnlt of di passionate, prudent, and wise delibera- In 1826, Mr. Poinsett, the minister to Mexico, baviog used tion : with the assurance that, during the short time which language supposed to commit the United States to that I shall continue connected with the Government, I shall policy in behalf of Mexico, & resolution was promptly inpromptly and cordially unite with you in such measures as
vrnita with vou in such measures astroduced into the House of Representatives and adopted on may be deemed best fitted to increase the prosperity and the 27th of March, 1826– perpetuate the peace of our favored country."
“That the Committee on Foreign Affairs inquire and rem The concurrent resolutions of the Senate and House of port to this House upon what authority, if any. the minis R--presentatives, and that message of President Jackson, I ter of the United States to the Mexican republic.in his offi- . leave no doubt that the views which presided over the re | cial character, declared to the plenipotentiary of that gor. comition of the South American Governments still pre Iernment that the United Statey have pledged themselves vailed, and that the President was as far from asserting as not to permit any other power than Spain to interfere Congress from admitting that the recognition of new pa- either with their (the South American republics) indetions and the foreign policy of the United States is a purely pendence, or form of government,” &c., &c.- Coog Deb., Executive question.
19th Con., 1st sess., p. 1820.) The independence of Texas was finally recognized in pur. Mr. Poinsett hastened to explain by his letter of the 6th enance of the following enactment in the appropriation bill of May, 1826, to llenry Clay, then Secretary of State: of the second session of the Twenty-Fourth Congress which “I cannot rest satisfied without stating explicitly that, in appropriates money-
the observations I made during my conference with the *For the ontfit and salary of a diplomatic agent to be Mexican plenipotentiaries, I alladed only to the message of sent to the republic of Teras, whenever the President of the the President of the United States to Congress in 18-23 United States may receive satisfactory evidence that Texas | “That message, dictated, in my opinion, by the conndes is an independent power, and shall deem it expedient to l policy, has been regarded both in Europe and America AS A appoint such minister."
solemn declaration of the views and intentions of the Esrece That iaw was approved by President Jackson.
utive of the United States, and I have always considered Not only is this exclusive assumption without counte- that declaration as a pledge, so far forth as the language of nance in the early history of the Republic, but it is irrecon the President can pledge the nation, to defend the new cilable with the most solemn acts of the present Administra American republics from the attacks of any of the powers tion. The independence of layti is nearly as old as that of Europe other than Spain. That the people of the l'aile of the United States; it antedated that of the South Amer States are not bound by any declarations of the Esecutire is icin republics, and the republic of Liberia has long been knoon and understod as well in Merico, where the goren recognized by European nations. Both were first recognized ment is modelled on our oron political institutions, as in the by act of Congress, approved by President Lincoln on the United States themselves. But in order to correct any er 5th of July, 1862, which enacted
roneous impressions these words might have made on the That the President of the United States be, and he is minds of the Mexican plenipotentiaries, I explained to hereby, authorized, by and with the advice and consent of them in the course of our conference this morning their the Senate, to appoint diplomatic representatives of the precise meaning: that the declaration of Mr. Monroe in his United States to the republics of Hayti and Liberia respect message of 1823, to which I had alluded, indicated ply the ively. Each of the representatives so appointed shall be course of policy the Executive of the United States was accredited as commissioner and consul general, and shall disposed to pursue towards these countries, but 2018 not receive the compensation of commissioners," &c., &c.
binding on the nation unless sanctioned by the Congress of • That was a formal recognition of those republics by law, the United States; and when I spoke of the United States
having pledged themselres not to permit any other power 1 passed in May an appropriation "for carrying into effect than Sistin to interiere with the in lependence or form of the appointment of a mission to the congress of Panama;" goernment of the American republics, I meant only to and the President, by and with the advice and consent of allude to the above cited declaration of the President of the the Senate, appointed ministers to that congress, and furUnited States in his message of 1823, and to nothing more." | nisbed them with instructions in conformity with the mes.
This explanation is the more significant from the fact sage, and in execution of the policy approved by Congress. that Mr. Clay's instructions to Mr. Poinsett directed him to Accident and delays prevented the arrival of our mission bring to the notice of the Mexican government the mes- before the dissolution of the congress; but President Adanis sige of the late President of the United States to their thought the gravity of the precedent justified him in comCongress on the 24 of December, 1923, asserting certain | municating to Congress, in 18:9, Mr. Chy's instructions to important principles of intercontinental law in the rela-theministers for our inforination; and tho precedent retions of Europe and Americn; and, after stating and en-mains, forever to vindicate the authority of Congress to de larying on them, Mr. Clay proceeds: “Both principles were clare and present the foreign policy of the United States. bud down after much and anxious deliberations on the part The great name of Daniel Webster is justly considered of the late alministration. The President, who then formed authoritative on any question of constitutional power; and a part of i, continues entirely to coincide in both, and you in that debute, when the enemies of the Administration will urge upon the government of Mexico the propriety | strove to insert particular instructions to the diplomatio and experiency of asserting the same principles on all proper agents sent to that congress, he clearly defined the limits of utasions."
executive and congressional authority, in declaring the And in reply to the resolution of inquiry of the 27th of policy and conducting the negotiations to effectuate it. March, Mr. Clay accompanied his instructions with the de On the 4th of April, 1826, he is reported to have said in claration-entirely in the spirit of Mr. Poinsett's letter the House of Representatives:
that the United States have contracted no engagement, "lle would ask two questions : First, Does not the Cone made any pleuge to the governments of Mexico ani stitution vest the power of the Executive in the President? South America, or either of them, that the United States Second, Is not the giving of instructions to ministers abroad would not permit the interference of any foreign power
an exercise of Executive power? Why should we take this with the independence or form of government of those
responsibility on ourselves! He denied that the President
hau devolved, or could devolve, his own constitutional re -If, indeed, an attempt by force had been made by allied sponsibility, or any part of it, on this louse. The President Europe to subvert the liberties of the southern nations on had sent this subject to the llouse for its concurrence, liy tal continent, and to erect upon the ruins of their free in- voting the necessary appropriation. Beyond this the Ilor titutions monarchical systems, the people of the United was not called on to act. We might refuse the appropria States would have stood pledged, in the opinim of the Er- tion if we saw tit, but we had not the power to make our ecutire, uut to any foreigu State, but to themselves and their | vote conditional, and to attach instructions to it. posterity, by their dearest interests and highest duties, to "Thero was a way, indeed, in which this House might Traist to the utmost such attempt ; ind it is to a pledge of express its opinion in regsurd to foreign politics. That is by that character that Mr. Poinsett above refers."-(2 Cong.
resolution. He agreed entirely with the gentlemari that, if Debates, 19th Congress, 1st session, App. 83, 87.)
the llouse were of opinion that a wrong course was given to Such were the views of the administration of President our foreign relations, it ought to say so, and say so by somo Jou Quincy Adams, whose Secretary of State was llenry
measure that should affect the whole, and not a part, of our Clay, and whose minister to Mexico Was Mr. Poinsett, upon
diplomatic intercourse. It ought to control all missions, the supremacy of the legislature in declaring the foreign
and not one only. julicy of the United States, the diplomatic execution and
“There was no reason why the ministers to Panama conduct of which is confided to tho President.
should act under these restrictions that did not equally apIt is impossible to condenso the elaborate message of ply to other diplomatic agenterior exa
ply to other diplomatic agents-for example, to our minisPresident Adanis of the 15th of March, 1826, dedicated to ter at Colombia, Moxico, or other new States. A resolution perunding Congres to concnr in and sanction the Panama
expressive of the sense of the House would, on the corm on; but that message and the great debate which con
trary, lead to instructions to be given to them all. AresoI the session in both Houses are unmeaning on the
lution wus, therefore, the regular mode of proceeding. We sumptions of this correspondence with the French gov saw, for instance, looking at these documents, that our treneut; and the consideration and approval of its recom government had declared to some of the governments of mendations elevate President Monroe's declaration to the
Europe, perhaps it has declared to all the principal powers, dinity and authority of the policy of the nation solemnly
that we could uot consent to the transfer of Cuba to any and legally proclaimed by Congress.
European power. No doubt the executive government can Tlat inessige was in reply to a resolution reqnesting the maintain that ground only so long as it receives the appro President to inform the House of Representatives "in re
bation and support of Congress. If Congress be of opinion ward to what objects the agents of the United States are
that this course of policy is wrong, then he agreed it was expected to take part in the deliberations of that congress"
in the power, and, he thought, indeed, the duty of Congress of Habama.
to interfere and to express dissent. If the amendment now Among the subjects of deliberation, the President enu-Oitored prevail d, the aclarations so wsuncuy
offered prevail d, the declarations so distinctly mido ou Terated the declarution of President Monroe above quoted this point could uot be reported, under any circumstauces, and on that topic said:
at Pauama; but they might, nevertheless, be reported any * Most of the new American republics have declared their where and everywhero else. Therefore, if we disseutirom tutre assent to them: and they now propose, anion the this opiuion, that hissent should be declared by resoluuou. subjects of consideration at Panama, to take into consider
and that would change the whole course of our diplomatio alion the means of making clectual the assertion of that correspondence on that subject in all places. If any gen. priuciple as well as the means of resisting interference from
tleman thinks, therefore, that we ought to take no measure, abroad with the domestic concerns of the American gov
under any circumstances, to prevent the transfer of Cuba ponents.
into the hands of any government, European or American, "In alluding to these means, it would obviously be pre let him bring forward bis resolution to that effect. If it mature at this time to anticipate that which is offered should pass, it will effectually prevent the repetition of merely as matter for consultatiou, or to pronounce upon
such declarations as have been made."-(2 Cong. Debates, the measures which have been or may be suggested The
19th Congress, 1st Session, pp, 2021, 2022.) purpose of this government is to concur in none which 1
T his view is, in the opinion of the o
This view is, in the opinion of the committee, at once the Wald import hostility to Europe, or justly excite resent. Just view and the traditional
I just view and the traditional practice of the government; ment in any of her States. Should it be deemed aulvisable the will of the people expressed in the legislative form by l contract any conventional engagement on this topic, our the legislative power can declare authoritatively the foreign Views would extend no further tban to a mutual pledge of policy of the nation ; to the President is committed the the parties to the compact, to maintain the principle in ap-diplomatic measures for effecting it. plication to its own territory, and to permit no colonial
The constitutional authority of Congress over the foreign dgments or establishments of European jurisdiction upon relations of the United States can hardly be considered an its owu soil: and with respect to the obtrusive interferonce | open question, after the concurrent resolutions of Mr. Sen. fum abroad, if the future character may be inferred from ator Suinner, adopted in the last Congress, it is believed, at ibat which has been, and perhaps still is, exercised in more the suggestion, certainly with the approval of the Presi. bad one of the uew States, a joint declaration of its clar deut, and by him officially notifiod to foreign goveruments, acter and exposure of it to the world would be probably all as the most authentic and authoritative expression of the that the occasion would require
national will rspecting intervention, mediation, and every Whether the United States should or should not be otbar form of toreign intrusion into the domestic struggio Parties to such a declaration may justly form a part of the in the Uuited States.
liberation. That there is an evil to be remerlied needs | The committee are not inclined to discuss theoretically btile insight into tbe secret history of late years to know, questions of relative power. The Constitution is a practical,
is that this remedy may best be considered at the Panama and not a theoretical instrument. It has been adminis wreung deserves at least the experiment of consideration." tered and construed by men of practical sagacity, and in
pe this message, after elaborato debatos, Con ross their hands the voice of the people has been heard authori.
tatively in the executive chamber, on the conduct of foreign with foreign powerg inimical to our greatness and safety, affairs.
which, in the words of Mr. Webster, - a firm and timely But this correspondence requires us to say, that in view assertion of what we hold to be vur own rights and our own of the historic precedents, it is not a purely executive ques. interests would etrongly tend to avert." tion whether the United States would think it necessary to The committee reanimend the adoption of tbe following express themselves in the form adopted by the House of resulurion: Representatives at this time; it does belong to Congrese to Resolved, That Congress has a constitutional right to ad Declare and decide on the foreign policy of the United authoritative voice in de laring and prescribing the foreiz States, and it is the duty of the President to give effect to policy of the Cnited States, is well in the recognition of that policy by means of the diplomatic uegotiations, or new powers as in other matters ; and it is the constitutioaal military power if it be anthorized.
duty of the Prosident to respect that policy, not less in di. The President is not loss bound to execute the national plomatic negotiations than in the use of the national forca will expressed by law in its foreign than in its domestic when authurized by law; and the propriety of any declarat concerns.
tion of foreign policy by Congress is sufficiently proved by The President appoints all officers of the United States, the voto which pronounces it; and such proposition whil but their duties are regulated, not by his will, but by law. pending and undetermined is not a fit topic of diplomati lle is the commander of the army and navy, but he has no explanation with any foreign poter. power to use it except when the law points out the occasion and the object. He appoints foreign ministers, but
FRANCE, MEXICO, AND THE UNITED STATES. neither in this case are they, by reason of their appointment, The Courier du Dimanche, of Paris, publishes anything but the ministers of the law. If it be true that a circular letter addressed by M. Drouyn de the appointment of an ambassador to a nation implies the recognition of the nation, it is just as sound logic to argue l’Huys, the French Minister of Foreign Affairs, that none can be appointed to a nation that does not exist to 1
s of the by the recognition of Congress, as that the President can
the relation of France to the American Gorernrecognize alone, because he can appoint.
But we preler to waive the question. We are anxious not ment. This letter is a sequel to the correspondto depart from the approved peccuents of our history. Ourence between Mr. Seward and Mr. Dayton with desire is to preserve, not to change. We will not inquire
regard to the Mexican question, and is as fol. what would be the effect of a recognition of a new nation by the President against the will of Congress. We prefer lows:to indulge the hope so wisely expressed by President Jack- PARIS, May 7, 1864.--Mr. Dayton has called on me to 8on, that "it is to be presumed that on no future occasion
read to me a despatch addressed to him by the Secretary will & dis ute arise, as none has heretofore occurred, be.
of State of the Union, in order to define the responsibility tween the Executive and Legislature in the exercise of the
of the Government of Washington, and to show that a power of recognition.”
vote of the Ilouse of Representatives, or of the Senate, or Hitherto new nations, new powers, have always been
even of the two Houses, while it naturally recomannends recogoized upon consultation and concurrence of the exec. itself to the attention of the Government, did not oblige it utivo and legislative departments, and on the most impor to modify its policy and take from it its liberty of action. taut occasious by and in pursuance of law in the particular Mr. Seward sces no reason to follow in the Mexican ques cases.
tion a line of conduct other than that which he had adopted Changes of the person or dynasty of rulers of recognized heretofore; and if his disposition should huppen to be mod. powers, wbich created no new power, have not been treated ified, we should be directly and in good time informed of always with the same formality ; but usually the geueral law providing fr diplomatic intercourse with the power I have replied to Mr. Dayton that in the opinion of the whose internal administration had changed remained on Government of the Emperor, nothing could justify this tho statute book and conferred a plenary discretion on the change; that our confidence in the wisdom and enlightenPresident, under the sanction of which he has accredited ment of the American Cabinet was too great to permit us ministers to the new possessors of power. It is not known to suppose it to have any idea of compromising, by thought that hitherto the President has ever undertaken to recog less action, the true interests of the United States, nize a new nation or a new power not before known to the while expressing to Jir. Dayton the entire satisfaction history of the world, and not before acknowledged by the whioh the assurances he was charged with giving to 019 United States, without the previous authority of Congress. caused to the government of the Emperor. I added that I
It is peculiarly unfortunate that the new view of the ex- thought, in effect, that, even from the point of view of the ecutive authority should have been announced to a foreign United States, the choice would not be doubtful between government, the tendency of which was to diminish the the establishment in Mexico of a stable and regular gor. force and effect of the legislative expression of what is ad- erument, and the perpetuation of an anarchy of wbich mitted to be the unanimous sentiment of the people of the they had been the first to suffer and to point out the great United States, by denying the authority of Congress to inconvenience, pronounce it,
The reorganization of a vast country which, after the of the prudence of that expression at this time Congress restoration of order and security, is expected to play an is the best and only judge under the forms of the Coustitu- | important economical part in the world, would be for the tion, and the President has no right to intluence it otherwise United States especially a real source of advantage, since than in the constitutional expression of his assent or his it would open a new market to them from which they, be dissent when presented to him for his consideration,
cause of tbeir proximity, would profit more than others. It is vain to suppose that such a declaration increases the The prosperity of Mexico would therefore agree with danger of war with France. The Emperor of the French their rightly understood interests, and I certainly do not will mnie war on the United States when it suits his con believe that the Government of Washington could misu venience, and it can be done without danger to his dynas- derstand this truth. tic interesis. Till then, in the absence of wrong or insult
DROUYN DE L'HUYS. on our part, there will be no war. When that time arrives we shall have war, no matter how meek, inoffensive, or pusillanimous our conduct may be, for cur sin is our freedom
The Arguelles Case. and our power, and the only safety of monarchical, impe
1864, May 28—In the SENATE, Mr, TOHNSON rial, aristocratic, or despotic rule, lies in our failure or our overthrow.
offered this resolution, which was agreed to : It postpones the inevitable day to be ready and powerful
Resolved. That the President be requested to inform the at home, and to express our resolution not to recognizo acts Senate, if he shall not deem it incompatible with the pat of violence to republican neighbors on our borders perpe-l lic interest whether he bas, and when anthori trated to our injury. That devlaration will encourage the
alleged to have committed a crime against Spain or any of republicans of America, to resist and endure, and not to
its dependencies, to be delivered up to officers of that goes submit. it is not perceived how an attack on the United
ernment; and whether such delivery was liad; and if so, States can promote the establishment of a monarch in Mex
under what authority of law or treaty it was done. ico. It might seriously injure us, but it would be an additional obstacle to the accomplishment of that enterprise. May 31-The PRESIDENT transmitted a reply It is forignate that events in Europe, in great measure, covering a report from the Secretary of State embarrass any further warlike enterprise on this continent,
and other documents, by which it appears that and the ruler who has not thought fit to mingle in the strife of Poland or Schleswig-Holstein will hardly venture Don Josè Augustin Arguelles, an officer in the to provoke a war with the United States.
Spanish army in Cuba, had captured a slave The committee are content to bide their time, confident m the fortune and fortitude of the American people, but re
expedition, while he was acting as Lieutenant solved not to encourage by a weak silence complications
Governor of the district of Colon, in Cuba. It
was subsequently discovered that he had, with of Cuba, addressed to the Spanish minister at che connivance of the curate of Colon, made Washington the following note: representations to the Spanish Government
Most EXCELLENT SIR: My aide-de-camp, with the person that one hundred and forty-one of the recap- expected, arrived in the steamer Eagle. tured negroes had died of small-pox, though, I request your excellency to render thanks in my name in fact, he had sold them into slavery, and suc
to Mr. Seward for the service which he has rendered to
humanity by furnishing the medium through which a great ceeded in escaping to the United States, where
number of human beings will obtain their freedom, whom he was arrested by the officers of the United the desertion of the person referred to would have reduced States and surrendered to the Cuban authori. I to slavery. This presence alone in this island a very few
hours has given liborty to eighty-six. ties.
I also render thanks to your excellence for the eficiency In explanation of this act on the part of the of your action. Government of the United States, the Secre.
God preserve your excellency many years...
DOMINGO DULCE. tary of State reports as follows:
HAVANA, May 19, 1864.
Murray, United States Marshal for the The Secretary of Stnte, to whom was referred tho resolu- Southern District of New York, was indicted tion of the Senate of the 28th instant, requesting the Presideot to inform that body, "if he shall not deem it inconipatible with the public interest, whether he has, and when,
on a charge of kidnapping, and the matter authorized a person, alleged to have committed a crime came up before the General Sessions in New Against Spain, or any of its dependeucies, to be delivered
York, upon a petition of the counsel for deup to officers of that government; and whether such delivery was had; and if so, under what authority of law or of
fendant to transfer the case to the United States treaty it was done,” has the honor to submit to the Presi District Court, on the ground that under the dent a copy of the papers which are on file or on record in act of Congress passed March 3, 1863, relating this department relative to the subject of the resolution.
By the act of Congress of tho 15th of May, 1820, the Ar- to habeas corpus, &c., any officer of the Federal rican slave trade is declared to be piracy.
Government, exposed to criminal prosecution, By the piuth article of the treaty of 1842 with Great
might remove the case in the Federal courts Britan, it is stipulated that, * Whereas, notwithstanding all efforts wbich may be made on the cast of Africa for sup- | by filing a petition setting forth that the of. pressing the slave trade, the facilities for carrying on that traflic, and avoiding the vigilance of cruisers, by the fraud
| President or the Congress of the United States. uleut use of flags and other means, are so great, and the temptations for pursuing it, while a market can be found
July 6-Judge Russell and Recorder Hofffor slaves, so strong, as that the desired result may be mann concurring, decided that the petition to long delayed, unless all markets bo shut against the pur remove the case to the United States courts chase of African negroes, the parties to this treaty agree that they will upite in all becoming representations and re
must be denied, the State courts having juris. muestrances with any and all powers within whose domic diction thereof. The counsel for the defence kans such markets are allowed to exist, and that they will then made a motion to quash the indictment. urge upon all such powers the propriety and duty of closing och markets effectually at once and forever."
June 6—Mr. Cox offered this resolution: fugitives from justice in Spanish dominions shall be delivered up, the extradition in the case referred to in the
Resolved, That the recent extradition of a Spanish subresolution of the Senato is understood by this department
ject, by the action of the Chief Executive of the United to have been madto in virtue of the law of nations and the States, in the absence of a law or treaty on the subject. Costitation of the United States.
was a violation of the Constitution of the United States and of Altboogb there is a conflict of authorities concerning the
the law of nations, and in derogation of the right of asylum, expedicacy of exercising comity towards a foreign govern
which has ever been a distinguishing feature of our politimeat by surrendering, at its request, one of its own sub cal system. jects charged with the commission of crime within its
The House refused to second the demand for territory, and although it may be conceded that there is no national obligation to make such a surrender upon a de
the previous question-yeas 38, nays 57. mand therefor, unless it is acknowledged by treaty or by It was then referred to the Committee on the statato law, yet a nation is never bound to furnish asylum Judiciary-yeas 72, nays 43. The Nays wereto dangerous criminals who are offenders against the buman race, and it is believed that if in any case the comity Messrs. James C. Allen, Ancona, Augustus C. Baldwin, could with propriety be practiced, the one which is under- Bliss, James S. Brown, Coffroth, Cox, Cravens, Dawson, stood to have called forth the resolution furnished a just Denison, Eden, Edgerton, Eldridge, Finck, Ganson, Har. occasion for its exercise.
ding, Farrington, Charles M. Harris, Holman, Hutchins, Respectfully submitted. WILLIAM H. SEWARD. William Johnson, King, Knapp, Law, Lazear, Le Blond, To the PRESIDENT.
Long, Mallory, Marcy, McDowell, James R. Morris, Mor.
rison, Pendleton, Perry, Robinson, Rogers, Ross, Scott, Upon the arrival at Havana of the fugitive
Strouse, Wadsworth, Wheeler, Chilton A. White, Joseph W. Arguelles, General Dulce, the Captain-General! While-43.