useful in settling several important questions of public law, in arranging matters of deep interest to the American continent, and in promoting a friendly intercourse between the republics of this hemisphere. The powers proposed to be represented were then advised, as a preliminary step to arrange among themselves, the nature and form of the powers to be given to their delegates, the manner of their organization, and the subjects of their deliberation: and informed, that if these points were settled in a satisfactory manner, the United States, in the opinion of the executive, ought to be represented at the proposed congress.

Objects of the proposed congress. The ministers, after communicating with their respective governments, stated the objects of the Panama congress to be,

1st. The consideration of matters exclusively relating to the belligerents, in which it was not expected that the United States would take any part.

2d. Matters between belligerents and neutrals, such as fixing the principles of national law, regarding their respective rights; the measures proper to be taken, to prevent further colonization on the American continent by European powers, and their interference in the existing contest.

No information was given regarding the powers with which it was intended the congress should be clothed, or the manner of their organization. The South American envoys stated in express terms, that it was not the wish nor the expectation of their governments, that the United States should depart, in the least, from their neutral policy. On receiving these assurances, the invitation was accepted, accompanied with a declaration, that the American government would take no part in the contest, or do any thing inconsistent with its amicable relations with Spain.

Nomination of envoys. The time proposed for the assembling of the congress at Panama, was in October, 1825. Early in the first session of the nineteenth congress, the president nominated to the senate Messrs. Anderson and Sargeant on this mission. The committee of foreign relations, to whom the nomination was referred, held the subject under consideration from the 26th of December to the 16th of January, when they reported a resolution that it was inexpedient to send ministers to Panama.

Objections. Their objections to the measure were, that it was a departure from the settled system of policy adopted at the commencement of the government, and invariably pursued by every successive administration, not to enter into

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any alliances or engagements with any powers, which should embarrass its foreign relations, or prevent it from pursuing such a course as should seem meet on any emergency.

That there was too great an uncertainty in relation to the nature and powers of the proposed assembly; whether it was to be a diplomatic corps, clothed with powers to negotiate compacts and treaties between the respective governments, or an organized congress of representatives,whose proceedings should be regulated by a major vote, and obligatory upon their constituents. If the former, it was contended that it was altogether improper and too precipitate to make the appointment, without some assurance or expectation of a reciprocal appointment on their part with equal powers. Besides, it would be much more convenient and proper for the United States to transact their diplomatic business with the South American republics at Washington than at Panama. If the latter, this nation would not think of composing a constituent part of a legislature for South America.

That it was not expedient for this government to enter into any engagements as to the nature or extent of the opposition which they might think proper to make against the interference of European powers in the existing contest, or against their projects of further colonization on this conti

nent.

That in relation to the destinies of Cuba and Porto Rico, which, it was said, might be a subject of deliberation, it was obviously for the interest of the United States that they should not change masters, and equally obvious that the southern republics contemplated either a union with them, or their conquest: and any discussion of those topics in an assembly where they could not be definitively settled, might occasion unfriendly feelings, and could have no beneficial result.

In the discussion of this resolution in the senate, a preliminary question presented itself; whether that body, in the exercise of their power of consenting to the nomination of an embassador, could with propriety take into consideration the expediency of the embassy. This, it was contended, was exclusively within the province of the president, and the only question which the senate could constitutionally consider was the fitness of the nominee for the office. The president, vested with the power of regulating the foreign relations of the nation, having determined that a particular mission was necessary, it was his duty to fill the office, and con

tinue his nominations to the senate until he found a person to whose appointment they would consent. By refusing their consent to all the nominations, the senate may indeed prevent the office from being filled, on the same principles that either house, by withholding the necessary appropriation, may prevent its being executed. But such a course would be considered rather as a violation of the constitution than a fulfilment of its powers. The senate, however, went into a lengthy discussion on the expediency of the mission, in the course of which a resolution was passed to inquire of the president whether any objection existed to the publication of the documents, and discussing the subject with open doors; to which he replied, "that his communications in this, as in all other cases on executive business, were confidential; and believing, as he did, that this established usage ought to be preserved unimpaired, he should leave it with the senate to determine whether there were any sufficient reasons for departing from it in the present instance." The resolution proposed by the committee was negatived, and the nomination confirmed by a vote of twenty-four to nineteen.

Reasons of the president for the appointment. In the house of representatives a call was made for the papers relating to the subject. In transmitting them, the president took occasion to explain at large his views on the subject of this mission, and the relations proper to be established between the United States and the southern republics. The principles on which this connection should be founded, were in his view, a fair and equal reciprocity in every commercial arrangement, a cordial good will, and perfect disinterestedness. His reasons for accepting the invitation he stated to be, that it would have a tendency to cherish a spirit of friendship and harmony between them and the United States, whereas a refusal would have a powerful effect to the contrary. That by it important and correct information would be early obtained of their views and proceedings, in which the United States had a deep interest. That the principles of national law, in relation to neutral rights, and other important points might and probably would be discussed, where this government would have an opportunity to enforce those for which, it had uniformly contended, and a violation of which had been so injurious to its commerce. That if any change was contemplated in relation to Cuba and Porto Rico, the United States might have the earliest opportunity to make known their views on the subject. That the

proposed congress would afford a favorable opportunity to attempt, by a general agreement among the American powers, to abolish the system of privateering, which he considered as nothing less than a licensed system of piracy, and thereby remove one of the strongest inducements to future wars, and diminish their horrors. That it would afford occasion to further the abolition of the slave trade, and to promote liberal principles on the subject of religious liberty, by stipulations that the citizens of the respective governments, resident abroad, should enjoy a perfect freedom of religious worship. That a united declaration of the whole of civilized America against the further extension of European colonization on this continent, and against any interference in the existing contest, would have a powerful effect to prevent both. The president stated that no danger could be apprehended from the measure, as the envoys would be allowed to take no part in the discussions relating to the prosecution of the war; to do nothing inconsistent with the strictest principles of neutrality; and as their powers would be only of the diplomatic kind, all their proceedings would be subject to the revision of the president and senate.

The message and accompanying documents were referred in the house to the committee of foreign relations, who, after taking an extensive view of the subject, reported that it was expedient to make the necessary appropriation. The report underwent a discussion, which occupied the house almost exclusively from the 3d to the 21st of April. This debate also proceeded upon the ground, that the house had a right, by withholding the necessary appropriation, to control the proceedings of the executive, and prevent any office from being executed; a principle calculated to destroy the independence of the executive, and throw the whole power into the hands of the legislative department. The appropriation bill passed the house of representatives, 133 to 61.

Under the restrictions with which it was proposed to send envoys to Panama; no serious evils were to be apprehended, and much good might result. The appointments would doubtless have been sanctioned, and the requisite appropriations made without any unusual delay or opposition, had it not been that the occasion afforded an opportunity to arraign the conduct of the new executive at the commencement of his administration. It was eagerly seized. In the senate, Mr. Randolph, in one of the most eccentric, incoherent, and inflammatory harangues that ever disgraced a deliberative

assembly, poured forth a torrent of reproach upon the president, his cabinet, and their supporters. On the question of assenting to the nomination of two individuals as envoys to the southern republics, the only legitimate considerations were the qualifications of the persons nominated for the office; yet the senate sat day after day, and heard the most virulent abuse thrown on the executive, on topics no ways connected with the main question, without check. The president of the senate, whose imperious duty it was to preserve order and decorum in debate, excused himself from interfering, on the ground that his office did not authorize or require him to call a member to order. In the house, on the appropriation bill, where the only legitimate question could be, what sum was necessary to cover the expenses of the embassy, the debate, though conducted with more decorum, took the same wide range, and manifested a spirit of determined hostility on the part of the opponents against the administration.

Immediately after the passage of the appropriation bill, Mr. Anderson, then minister to Colombia, was directed to repair to Panama. On his way, he was attacked at Carthagena with a malignant fever, which proved fatal, and de prived the country of an able and faithful representative to the republics of the south.

The short time that remained after the final determination of the question, before the expected meeting of the congress, and the approach of the unhealthy season, rendered it inexpedient for Mr. Sargeant to proceed.

Proceedings of the congress. The representatives of Mexico, Peru, Central America, and Colombia, assembled at Panama on the 22d of June, 1826. The government of Great Britain and the Netherlands, though uninvited, sent diplomatic agents to this congress. They were not permitted to be present at their sittings, but most of the important proceedings were communicated to them. The body continued its session until the 15th of July. Their most important acts were,

A treaty of friendship, and perpetual confederation between the republics represented, to which the others were invited to accede :

A convention, fixing the quotas of the several governments towards the common defense:

An agreement to hold future meetings annually in time of war, and biennially in time of peace.