JULY 10, 1832.]

Executive Proceedings.

[SENATE.

than the advice or recommendation of the King as to a defined. For this purpose several boards of commission suitable boundary, which either party is at liberty to adopt ers were provided for by the treaty of Ghent, in the same or not, at his discretion. manner as a similar board had been created by a previous Whatever may be the real character of this royal act, treaty. Most of these boards have amicably and satisno treaty, in consequence of it, has been concluded be-factorily settled the questions respectively submitted to tween the United States and Great Britain, as far as the them. That to which was referred the boundary now in Senate is advised. It stands upon its own isolated ground. dispute could not agree. Before this board, Great Britain The President has asked the Senate to advise him whether brought forward, and claimed as her right, that which she he shall sanction the award, and the report of the Com- had sought to obtain by negotiation only, at the conferenmittee on Foreign Relations, now before us, recommends ces of Ghent. And the perseverance with which she has that the Government of Great Britain be notified of prosecuted her pretensions, and the apparent success with the acquiescence in it by the Government of the United which they have been so far finally crowned, demonstrate States. that there never need be despair in any cause, however bad.

Now, Mr. President, it seems to me, that, in the present state of the transaction, there is nothing brought by the During my service in an executive department, it be President to our consideration, on which the Senate, as a came iny duty to examine into this claim asserted by part of the treaty-making or Executive power, can con- Great Britain; and the result was a firm persuasion and a stitutionally act. There is no treaty presented to us for strong conviction that it was unfounded, and that the our advice and consent, not even a negotiation proposed, right to the disputed territory was in the State of Maine. nor, in short, any basis whatever for the action of the It is true that, in the treaty of peace of 1783, owing to the Senate. If the award of the King of the Netherlands be imperfect knowledge possessed of the country through binding, it derives its validity from the consent of the which the boundary runs, there is some defective departies referring the question to him, and from his having scription, but the intention of the parties, I think, is clear, decided the case, in conformity with the terms of the sub- and, according to that intention, the right is with Maine, mission. If he has not decided it, or if, in deciding it, he and not in Great Britain. It is altogether unnecessary, has transcended the terms of the submission, it is not bind-upon this occasion, to proceed to state all the grounds and ing and obligatory. The President being the only consti- considerations which brought my mind to that conclusion. tutional organ of the people of the United States, in all By doing so, I should be trespassing upon the Senate too communications with foreign Powers, and moreover charg- much.

And

ed with the execution of the laws and treaties of the The commissioners not having been able to settle the United States, is bound to notify the British Government question, the casus fœderis, provided for in former treaties, what are the Executive views in relation to the award. If arose, and it became necessary to submit the question to he tells that Government that this does not hold itself an arbiter. The King of the Netherlands was selected bound by the award, a negotiation would probably take for that purpose, and we all know the subsequent events. place between the parties. If, on the contrary, the Pre- The statements, arguments, and papers of the parties sident notifies the British Government that the United were all prepared within the two countries respectively, States are bound by the award, he would have to come to and transmitted to Holland, where they were submitted Congress for its legislative aid in carrying into effect the to the King. In consenting to refer the question, the award. And should he so come, the question of the late administration was impelled by the duty of respecting validity of the award would be as open to the examination the national faith, as pledged in solemn treaties. of Congress, as it had been to the President. So, if any although the King of the Netherlands was not the first negotiation which may be opened with Great Britain, in choice of either party, high confidence was reposed in relation to the award, should terminate in the conclusion his independence, and in his ability and integrity, by the of a treaty, the President would be bound to submit that late President of the United States. treaty to the Senate for its constitutional advice and con- With respect to the conduct of the arbitration, on the sent. The President not having applied to Congress for part of our Government, there are some circumstances I any act of legislation, and having submitted no treaty or think deeply to be regretted. The plan adopted by the national compact, in any form, to this body, I think there late administration was to have retained Mr. Hughes at is nothing before us on which we can constitutionally act; the Hague, elevated him to the rank of minister plenipoand that any advice which, under these circumstances, we tentiary, and sent out Mr. Preble as a public agent to be might offer to the President, would have no warrant or associated with him. I scarcely know any man so well authority in the constitution of the United States. I can- qualified for such a service as Mr. Hughes. He had the not, therefore, consent to vote for the resolution reported by the Committee on Foreign Relations, or to concur in the adoption of any other resolution which would imply the right of the Senate to express any opinion on the matter in its present state and condition.

benefit of much diplomatic experience, and he had been very successful in various negotiations which he had conducted. Commencing his career as secretary of the commission at Ghent, he subsequently had creditably represented his Government at Stockholm, and at St. Whilst this is my deliberate judgment, I have no hesi- Petersburg, and at Copenhagen, on temporary missions; tation to offer to the President, if he would attach any and he had been some time at the court of the Netherconsequence to them, my views and opinions, as a private lands. Wherever he had been, he uniformly made good citizen, on the whole matter of the Northeastern boun-impressions, and conciliated the esteem and friendship of dary. At Ghent, Great Britain did not assert any right all whose acquaintance he formed. He was well versed to the territory to which she subsequently set up a claim. in the language of the court of the Hague, and well acShe sought there to obtain, by negotiation, and exchange quainted with all the persons having access to, or surroundof territory with the United States, a passage within her ing, the King. Of pleasing and winning manners, a geneown jurisdiction from Nova Scotia and New Brunswick ral favorite, he was exactly such a person as was well to Quebec. The British commissioners were told by the fitted for the service. The rank of minister plenipotenAmerican, on that occasion, that they had no power to tiary was necessary to entitle him to approach the person cede away or exchange any part of the territory of Mas- of the King, according to established usage. It was a sachusetts, which then included Maine. As there were point of more importance that this Government should many parts of the long line of boundary between the have had such a representative at Holland, as the British United States and Great Britain unsettled and unmarked, Government was there represented by an accomplished it became necessary to have it correctly ascertained and ambassador, (Sir Charles Bagot,) well known here. Mr.

SENATE.]

Executive Proceedings.

[JULY 10, 1832.

Hughes, intimately acquainted with the corps diplomatique, have been. If the King of the Netherlands had definiwith all the avenues of access to the King, and with all tively decided the questions actually submitted to him, persons likely to influence the mind or judgment of the in consequence of the silent acquiescence of our Governmonarch or his ministers, would have been able to dis- ment in the progress of the arbitration, the honor and cover and avert the exercise of any undue influence, if faith of the nation might have bound us to submit to the any should be brought to bear upon the Government of decision, however unjust we deem it. But, Mr. Presithe Netherlands in this delicate transaction. dent, I cannot concur with the Committee on Foreign ReIt was among the early acts of this administration, to lations, in considering the paper communicated by the overturn the plan which had been thus resolved on by its King of Holland to the two Governments as containing a predecessors, and, in place of Mr. Hughes, to send out decision. It seems to me to express only the opinion of Mr. Preble, in the sole charge of conducting a difficult that monarch as to what he thinks might be a suitable arbitration. I have had only a limited acquaintance with this boundary, and to operate as a recommendation to the gentleman; but he was destitute of all diplomatic experi-parties to adopt it, but leaving them, at the same time, at ence, had never been in the councils of the General Go- full liberty to adopt it or not, at their discretion. So far vernment, and I understand could not either speak or from being a decision, the King professes his inability to write the language of the court to which he was sent, and decide the question submitted to him, for reasons which where he was a total stranger. He was indeed a respecta- he states, and he does not decide it, according to the terms ble lawyer in his own State; but of what avail would pro- of the submission. fessional eminence be, where tact, insinuating manners, and thorough acquaintance with the persons of the court, were indispensable?

Nor can I concur with that committee in believing that we shall be in danger of incurring the reproaches of the world for not submitting to such an award, if award it The result of an arbitration conducted under such aus- can be called. I am quite sure that the chairman of the pices was to be feared. During its progress, and before Committee on Foreign Affairs, or the present Secretary the King's decision, he was stript, by the revolution in of State, would be fully competent to make out an arguBelgium, of the better half of his dominions. Had he ment in behalf of the rights of Maine, that would fully been monarch of Holland alone, I think I hazard nothing vindicate them, and vindicate the course of Government in saying that, notwithstanding the confidence which Mr. from all reproaches, founded on non-compliance with the Adams reposed in his personal character, he would not advice and recommendation of the sovereign arbiter. have been selected, with the concurrence of the late ad- Entertaining these sentiments, as a private citizen, I ministration, as the sovereign arbiter. It was to an inde-have no hesitation in expressing my opinion that the Amependent sovereign, one the extent of whose power and rican Government, disregarding, and declining to be dominions placed him at the head of the second rate bound by, the award, ought to open a negotiation with States of the continent of Europe, that the controversy Great Britain on the subject of this disputed boundary. was submitted. It was not to the King of Holland, but I have no apprehension that such a step would, necessarily, to the King of Holland and Belgium, that the question bring on war. Great Britain might have adopted one of was referred. It was to a monarch supposed to be unbi- two courses: either to proceed to occupy the territory assed, powerful, and independent, that the question was which the sovereign arbiter thinks it would be suitable referred, and not to a sovereign who, whilst he was ar- for her to possess, and signified her determination to do bitrating between Great Britain and the United States as so; or to communicate to our Government her willingto the territory of Maine, by the uncontrollable force of ness to be governed by the advice of the arbiter, and events found one-half of his own dominions the subject of inquired as to the intentions on that subject of this British arbitration or decision, in conjunction with the Government. The former course would have been harsh, other allied Powers.

and might have involved the two countries in war. The By the loss of Belgium, the political character of the latter was more respectful; and having been adopted by King was entirely changed, his identity altered, and he Great Britain, it will be natural and easy to return an anceased to be that monarch whose friendly arbitration had swer to the diplomatic note which has been received, been solicited. Mr. Preble saw the matter in its true stating the grounds and arguments which induce the Amelight, and expected to have been notified by the Minister rican Government to believe itself not bound by what has of Foreign Affairs of the King's declining to proceed in been done by the King of Holland. Such an answer the arbitration. But he said nothing, and did nothing, would be preliminary to a negotiation, which would necesto produce that result. Had Mr. Hughes been there, he sarily follow. It is desirable, undoubtedly, to have all conwould have, by a suggestion or a hint, not at all offensive, troversies between nations settled, and amicably, if possible. (such as whether the critical condition of his own domes- But this is not the only question remaining to be decided tic affairs did not afford sufficient occupation for his Ma- between the two Powers; and if that mutual respect and jesty, without troubling himself with the concerns of friendly disposition which it is to be hoped may predomi foreign Governments, in which his own subjects had no nate in the official intercourse between the two countries interest,) prevailed on the King to give up the papers; or, should prevail, although the dispute, by the intervention at least, to suspend proceeding in the arbitration until he of the Dutch King, has been somewhat complicated, we could receive fresh instructions from his own Government, need not, I think, despair finally of some satisfactory ar adapted to the great event which had happened. rangement.

But nothing was done at the Hague or at Washington These are my private views, Mr. President. But I think to arrest or suspend the progress of the arbitration. We the President has come to the Senate too soon, or come have neither seen nor heard of any instructions from our to it in a wrong character. As a part of the Executive Secretary of State founded on the event just mentioned. Government, I think the Senate has nothing to do with A Senator (now in my eye) informed me that he had con- the question, in the present state of it. Holding this versed with the late Secretary of State about the revolt opinion, I shall vote against the resolution reported by the of Belgium, and asked him if it would not put a stop to Committee on Foreign Affairs, and I shall vote against any the arbitration. To which the Secretary answered that other resolution or proposition which may imply or as he supposed of course it would; and yet, as far as we sume a power in the Senate of the United States to act in know, he gave no instructions whatever in relation to that the case. The President, it seems to me, is invested, exclusively, with the power of deciding, in the first instance, whether any, and what obligations, if any, have been created upon the American Government, in conse

event,

Under all these circumstances, our surprise at the issue of the arbitration ought to be less than it otherwise would

quence of the act of the King of the Netherlands, and whether it be expedient or not to open a negotiation with Great Britain. And I think he should be left to his constitutional responsibility to pursue such a course as a sense of duty may prompt.

NOMINATION OF SAMUEL GWIN.

THURSDAY, DECEMBER 8, 1831.
The following message was received from the Presi-
dent of the United States, by Mr. Donelson, his Secretary:
WASHINGTON, December 8, 1831.

To the Senate of the United States: Commissions having been granted, during the recess of the Senate, to the following persons for the offices respectively annexed to their names, I now nominate them to the same, viz.

John H. Jacobs, &c. &c. &c.

Samuel Gwin to be register of the land office for the district of lands subject to sale at Mount Salus, in the State of Mississippi, vice Stockley D. Ilays, deceased. The message was read.

Ordered, That the nominations of register and receivers of the several land offices be referred to the Committee on Public Lands,

THURSDAY, DECEMBER 22.

Mr. KING, from the Committee on Public Lands, re

[SENATE.

of the State of Mississippi, and with that of one of the Senators from the same State. The letters expressing this request are herewith respectfully enclosed for the consideration of the Senate. It will be perceived that they bear the fullest testimony to the fitness of Mr. Gwin for the office, and evince a strong desire that he should be continued in it.

Under these circumstances, and possessing myself a the claims which his faithful and patriotic services give personal knowledge of his integrity and fitness, and of him upon the Government, I deem it an act of justice to nominate him again, not doubting that the Senate will embrace, with cheerfulness, an opportunity, with fuller information, to reconsider their former vote upon his nomination.

The message was read.

ANDREW JACKSON.

On motion of Mr. WEBSTER, Ordered, That it lie on the table, and be printed in confidence for the use of the Senate.

ported on the nomination of Samuel Gwin, contained in 12th of June, nominating Samuel Gwin. the message of the 8th of December.

The Senate proceeded to consider the message of the

The Senate proceeded to consider the nomination. On the question, "Will the Senate advise and consent to the appointment of Samuel Gwin?"

It was determined in the negative-yeas 13, nays 25. YEAS.-Messrs. Bibb, Brown, Dallas, Dickerson, Dud. Hey, Grundy, Hill, Kane, Knight, Mangum, Marcy, White, Wilkins.-13.

NAYS.-Messrs. Bell, Benton, Buckner, Clay, Ewing, Foot, Hanna, Hayne, Hendricks, Holmes, Johnston, King, Miller, Moore, Poindexter, Prentiss, Robbins, Robinson, Ruggles, Seymour, Silsbee, Tomlinson, Troup, Tyler, Webster.--25.

So it was

Resolved, That the Senate do not advise and consent to the appointment of Samuel Gwin.

TUESDAY, JUNE 12, 1832.

On motion of Mr. MANGUM,

That the nomination lie on the table,

It was determined in the affirmative--yeas 27, nays 17. YEAS.--Messrs. Bell, Benton, Bibb, Chambers, ClayJohnston, Knight, Mangum, Moore, Naudain, Poindexton, Ewing, Foot, Frelinghuysen, Hendricks, Holmes, ter, Robbins, Ruggles, Seymour, Silsbee, Smith, Sprague, Tazewell, Tipton, Tomlinson, Tyler, Webster.--27.

NAYS.-Messrs. Brown, Buckner, Clay, Dallas, Dickcrson, Dudley, Ellis, Forsyth, Grundy, Hill, Kane, King, Marcy, Miller, Robinson, White, Wilkins.--17.

MONDAY, JULY 16.

The following motion, submitted by Mr. POINDEXTER, was considered:

Resolved, That the President of the United States be informed that it is not the intention of the Senate to take any proceedings on the renomination of Samuel Gwin to be register of the land office at Mount Salus, in the

The following message was received from the President of the United States, by Mr. Donelson, his Secre-State of Mississippi, during the present session.

tary:

WASHINGTON, June 11, 1832.

To the Senate: I renominate Samuel Gwin to be register of the land office at Clinton, in the State of Mississippi. In nominating Mr. Gwin to this office again, it is proper to state to the Senate that I do so in compliance with the request of a number of the most respectable citizens

On motion of Mr. POINDEXTER,

Ordered, That it lie on the table, and that the injunction of secrecy be removed therefrom.

On motion of Mr. POINDEXTER,

Ordered, That the injunction of secrecy be removed from the proceedings of the Senate on the nomination of Samuel Cwin,

INDEX TO THE DEBATES IN THE SENATE.

read the third time and passed, 58.
Belgium, mission to, (See appropriation bill.)
Appropriations, the general appropriation bill taken up, British colonial trade, (See West Indies and general appro-