FEB. 3, 1831.]

Minister to Russia.

[H. OF R.

who has been deemed the very champion of the rights of laws of nations, belong to such a public minister. What ambassadors, and who decides that the case of Rincon and are these? They are comprehended in two very expresFregoze, though an atrocious murder, was not a violation sive words-personal inviolability. Not only are his per of the law of nations as to embassies; Huber, and, lastly, son and effects exempted from all legal diligence, but Bynkershoek, who had particular occasion to examine the whoever shall treat him with insult or disrespect is liable point but a short time before Vattel. The subject came to be punished. A public minister cannot be sued for a before the latter in considering the meaning of the pas-contract or a trespass; he cannot be prosecuted for a fesage which formed part of a declaration of the States Ge-lony. If he commit homicide, with every circumstance neral in favor of the inviolability of ambassadors; and the of malice, or conspire with traitors to overthrow the Godifficulty was to know whether the word 'passerende' was vernment to which he is sent, he can neither be punished applicable to ambassadors to other Powers, passing through nor prosecuted, nor even questioned concerning these Holland, or confined simply to those addressed to the crimes. Vattel asserts: States, coming, residing, and passing away, or retiring. To solve this difficulty, he inquired into the opinions of the jurists concerning the point in discussion, and determined that it applied solely to ambassadors who were addressed to the States."

"The necessity and right of embassies being established, (see chap. v, of this book,) the perfect security, the inviolability of ambassadors and other ministers, is a certain consequence of it: for, if their person be not defended from violence of every kind, the right of embassies be"Selim II, in the sixteenth century, being at peace with comes precarious, and success very uncertain. A right Venice, but meditating war, sent a minister to the King of to the end is a right to the necessary means. Embassies, France to know his sentiments of it. He endeavored to pass then, being of such great importance in the universal sothrough Venice, but was arrested, and the French ambas-ciety of nations, and so necessary to their common wellsador there, and the King himself, claimed his liberty as being, the person of ministers charged with this embassy addressed to them. But they were forced to yield to the is to be sacred and inviolable among all nations, (see book arguments of the republic, that a sovereign Power need II, § 218.) Whoever offers any violence to an ambassador, not recognise a public minister as such, unless it is to him or any other public minister, not only injures the sovereign that his credentials are addressed." " whom this minister represents, but he also hurts the common safety and wellbeing of nations; he becomes guilty of an atrocious crime towards the whole world.” This doctrine is further confirmed:

"In 1572, Elizabeth, of England, having reason to be jealous of the machinations of the French in Scotland, arrested all Frenchmen passing through the Kingdom to that country without passport. Among these was Du Croe, "In fine, if an ambassador could be indicted for common the French ambassador to Scotland, and his court com- trespasses, be criminally prosecuted, taken into custody, plained loudly of this as a violation of the law of na- punished; if he might be sued in civil cases, the consetions. But Walsingham, the Secretary, pleaded, that it quence will often be that he will want the power, leisure, was Du Croc's own fault for not taking a passport, he might or freedom of mind, which his master's affairs require. justly be detained, and with this plea the French were How will the dignity of the representation be supported content, notwithstanding his quality of ambassador." in such a subjection? From all these reasons, it is imposSir, what is the mission invented in this case by Mr. Se-sible to conceive that the prince, in sending an ambassacretary Van Buren; and what the diplomatic character of dor, or any other minister, intends to submit him to the the minister now under consideration? This gentleman authority of a foreign'Power. This is a fresh reason, which was, by order of the Executive, carried out from Norfolk fixes the independency of a public minister. If it cannot to Russia in a national ship, with every circumstance of be reasonably presumed that his master means to submit high respect, and at a cost of not less than forty thousand him to the authority of a sovereign to whom he is sent, dollars for his passage. He arrived at St. Petersburg; this sovereign, in receiving the minister, consents to adwas presented to his Imperial Majesty the Emperor of mit him on the footing of independency. And thus there Russia; exhibited his credentials; was accredited as envoy subsists between the two princes a passive convention, extraordinary and minister plenipotentiary of the United giving a new force to the natural obligation." States at that court; retired and took his departure from the In 1567, Leslie, Bishop of Ross, came to the court of Russian territories, all in the short space of ten days. It Elizabeth, as ambassador of Mary, Queen of Scots, who is contended by gentlemen who support this appropria- was then detained a prisoner by her royal cousin. This tion, that he is our minister. If so, he must be our minis-man, in taking care of the concerns of Mary, conspired ter non-resident at the court of St. Petersburg: for it is with certain English noblemen to depose Elizabeth, and too much to say that stopping ten days at that city would place Mary on the throne of England. The plot was dismake him, in legal acceptation, resident there, but that covered; the Duke of Norfolk and others were executed six months' residence in England will not render, him le- for treason; but though Elizabeth dared afterwards to gally a non-resident at St. Petersburg. If, then, he can steep her hands in the blood of her royal captive, and be our minister at all, he must be our non-resident minis-thereby to violate all other laws, human and divine, she ter. He has been sent to St. Petersburgh to be accredited dared not violate the laws of nations, by punishing the there by his Imperial Majesty; and, by force of being thus ambassador of the unfortunate Queen of Scotland. In accredited, we are gravely told by the Secretary of State 1584, Mendoza, the Spanish ambassador in England, conthat he has acquired the rights and powers of a minister spired to dethrone the Queen, by introducing foreign of the United States, wherever he may choose to reside. troops into the country. This conspiracy being discoSir, will nations admit this kind of non-resident, this mi- vered, the court of Elizabeth took the opinions, as Ward gratory mission, this diplomatic gossipping? This doc- tells us, of the celebrated Albericus Gentilis, then in Engtrine of "non-locality," so essential, in the Secretary's land, and of Hottoman, in France, another great civilian, constitutional creed, to the existence of a national road, he concerning the manner of proceeding against Mendoza. will find does not belong to the character of a resident" They both asserted that an ambassador, though a conpublic minister, and really has no place among nations, out of the cabinet, so adroitly conducted by himself.

If gentlemen still contend that Mr. Randolph is our envoy extraordinary and minister plenipotentiary non-resident at the court of St. Petersburg, they must contend that, wheresoever he does reside, he is still vested with the high diplomatic qualities and attributes which, by the

VOL. VII.--38

spirator, could not be put to death, but must be remanded to his principal for punishment. In consequence of this, Mendoza was simply ordered to depart the realm, and a commission sent to Spain to prefer a complaint against him."

Three years afterwards, L'Aubaspine, the French ambassador, in his devotion to Mary, conspired not only to dethrone, but to assassinate Elizabeth. He actually hired

Vattel says, page 548:

[FEB. 3, 1831.

"But it is not on account of the sacredness of their per sons that ambassadors cannot be sued; it is because they do not depend on the jurisdiction of the country whither they are sent: and the solid reasons for this independency may be seen above. (92.) Let us here add that it is entirely proper, and even necessary, that an ambassador should not be liable to any juridical prosecution, even for a civil cause, that he may not be disturbed in the exercise of his functions."

He further tells us, page 554:

a ruffian from Newgate to perform this deed of atrocity. enjoy had they continued within the`r own precincts. And Some disagreement concerning the means to be used in- thus, by consent, and a sense of mutual advantage, he is duced delay in the execution, and led to a discovery. allowed to represent and personify, if I may so call it, all When the ambassador was called upon for examination, these higli privileges, in the very bosom of another comhe replied, "I will hear no accusation to the prejudice of munity, for the sake of transacting better the whole bus: the privileges of ambassadors;" and though Lord Burleighness of the world." reproached him for his turpitude, yet the English court never thought of trying him for treason.--Ward, 314-15. Sir, such are the high and distinguishing attributes and characteristics of "ambassadors and other public ministers," under the laws of nations. These immunities and privileges belong to Mr. Randolph, if he be the envoy extraordinary and minister plenipotentiary of the United States resident at the court of his Imperial Majesty the Emperor of Russia, or in any part of his territory. We know, however, that he is non-resident there; and are we prepared to say that, if he acquired these immunities by his visit to that court, and his being accredited there, "The independency of the ambassador would be very he now carries them with him wherever he may make it imperfect, and his security weakly founded, did not the his pleasure to sojourn' If he be a public minister, he house in which he lives enjoy an entire exemption, so as has these immunities; if he be without them, then is he no to be inaccessible to the ordinary officers of justice. The public minister. What lawyer in this House, or nation, ambassador might be disturbed under a thousand preor indeed in the civilized world, would pledge his charac-tences; his secrets might be discovered, by searching his ter upon the allegation that John Randolph might, like papers; and his person exposed to insults. Thus, all the the Bishop of Ross, Mendoza, and L'Aubaspine, join a reasons which establish his independence and inviolabilty conspiracy to dethrone and assassinate the sovereign of concur likewise to secure the freedom of his house." England; and, like them, when questioned for the trea- This independence and exemption from foreign jurisson, allege his immunities as public minister, and refuse diction belongs to the public functionary, not to the man; to "hear any accusation to the prejudice of the privileges is given for the public, and not for his own benefit; and, of ambassadors?" Sir, the absurdity is too enormous to therefore, cannot be laid aside, even so far as to become be entertained by any man of sane mind and ordinary un- a party in a suit, while he continues to be a minister, withderstanding. If, then, he have not these immunities, he out the consent of his master. To this effect, Vattel says, is not a public minister of the United States; and it is a page 549: mockery of the nation to call on their Representatives to But if the ambassador will partly recede from his inappropriate money for the payment of his salary. dependency, and subject himself in civil affairs to the juris

We are not to suppose that a public minister, because diction of the country, he unquestionably may, provided he is exempted from legal process in the country to which it be done with his master's consent; but, without such a he is sent, is therefore not amenable to any laws whatever consent, the ambassador has no right to waive privileges for any part of his conduct. He is not within the legal in which the dignity and service of his sovereign are conjurisdiction of the country where he is accredited, although cerned--which are founded on the master's rights, and at the capital and court of the sovereign, and protected made for his advantage, and not for that of the minister." by his whole civil and military power: but he carries with Has Mr. Randolph carried the jurisdiction of the United him the jurisdiction of his own country; and it is because States with him into England? and does that jurisdiction he is, by force of the laws of nations, within the jurisdic- now surround him, as it does each one of us, and exclude tion of his own country, that he cannot be within that of from his person, his effects, and his house, all English the country where he is accredited and received as a pub-jurisdiction? The case of the Russian ambassador in Englic minister. Those who travel the ocean in your fleets land is in point. It happened in the time of Queen Anne, of ships and vessels, cither the mercantile or naval, though 1707. The Russian ambassador at her court was arrested their home seems to be on the deep," yet, by force of in the street for debt, taken out of his coach, and carried law, are they within the body of the country and district by the tipstaff to a common spunging-house, and detained of our country from which they departed on the voyage, there until he was bailed by the Earl of Feversham. By or to which they may return when that is finished. Their the laws of England, these proceedings against the ambas contracts, or trespasses, or crimes, though done on the deep sea, in the most distant ocean, yet are within the legal jurisdiction of their country. In like manner, your public ministers, to whatever court you send them, and wherever they are accredited, carry with them, and are "The preamble, however, having merely observed that there surrounded by, the jurisdiction of the United States. the Muscovite ambassador had been taken out of his coach The highest officer of justice in the country where they by violence, in contempt of the protection granted by Her are received, when he steps over the threshold of their Majesty, without taking notice of the breach of the law of house, becomes, as in the District of Columbia, an ordinary nations, which is superior and antecedent to all municicitizen; and the imperial State warrant in his pocket is whitened into blank paper, and can no more be executed by him there on a public minister, than, if he stood on this floor, with the same warrant in his hand, he could, by virtue of it, arrest me or you, Mr. Speaker.

I have not spoken without authorities on this subject. Ward tells us, page 297:

"An ambassador neither knows nor submits to the laws of the country to which he is sent; he goes not on his own account, on private business, or private pleasure, but as the representative of another; as the presentation of the dignity, privileges, power, and rights which others would

sador were void, but no adequate punishment had been by law provided for such offenders. Ward tells us on this subject, pages 299, 300, 301, that on this occasion the statute 7 Anne, c. 12, was enacted; that

pal laws,' the foreign ministers in London met again together, and procured the addition of these words: Contrary to the law of nations, and in prejudice of the rights and privileges which ambassadors, and other public ministers authorized and received as such, have at all times been thereby possessed of, and which ought to be kept sacred and inviolable.' With this act of Parliament, elegantly engrossed, and an apology for not being able to punish the persons of those who had affronted his minister, the Czar, who had first insisted upon their deaths, was at length induced to be content; and thus ended this delicate affair."

FEB. 3, 1831.]

Minister to Russia.

[H. of R.

Should Mr. Randolph, like the Russian minister at the Emperor of Russia, in the place of Henry Middleton, of court of Queen Anne, be arrested for debt, and carried South Carolina, recalled." to a spunging-house for lack of bail, could he claim pro

Was this man nominated to be minister at the court of tection as an envoy extraordinary and minister plenipo- his Imperial Majesty the Emperor of Russia, and elsetentiary of the United States? Sir, that statute was pro- where? No, sir, it was at, in place of Mr. Middleton; and vided for those "ministers who were authorized and at that place only. If, therefore, a non-resident minister received as such," not in other countries, but in England. could, by the laws of nations, be sent abroad, or could This gentleman can take no protection under it. He has have been advised and consented to by the Senate, Mr. abandoned the jurisdiction of the United States for that of Randolph could not have been so sent, for he was not so England; the high immunities and labors of a public minis-nominated. Did the Senate advise or consent to this genter for the comforts and retirement of a private gentleman, tleman's appointment to any other ministerial office than in some farm-house or inconsiderable inn in the county of that to which he was nominated? Let the record answer: Suffolk. The American arms and ensign he has either "The Senate proceeded to consider the message nominever placed over the door, or he has ordered them to benating John Randolph to office; and, pulled down and thrown into the garret. Who can point "Resolved, That they do advise and consent to the apout the place to the American citizen where the American 'pointment of John Randolph, agreeably to his nomination." envoy extraordinary and minister plenipotentiary non- If the President shall, by and with the advice and conresident at Russia may now be found? Will gentlemen sent of the Senate, appoint public ministers, then the further contend that, by some new fiction of diplomatic appointment of this man could not differ from the nominalaw, he is still our minister, and that we are bound, in tion made by the President, and the advice and consent behalf of the nation, to make this appropriation for his thereupon had and given by the Senate. If, then, he salary? might have been accredited and received at the court of

There is another view of this part of the question, which his Imperial Majesty the Emperor of Russia, as a non-retruth and justice do not permit me to pass by in silence. sident minister, he could not have been so sent, for he Let the admission be made, for the purpose of the argu-was not so appointed.

ment, that such a minister may, by the laws of nations, be After this gentleman had been nominated, confirmed, accredited and received by a foreign Power. If so, he and appointed envoy extraordinary and minister plenipomust have been nominated and appointed as a minister of tentiary at the court of his Imperial Majesty the Emperor that character. Any sovereign State may send abroad, of Russia, could his commission differ from his appointand have received, several different kinds of public minis-ment? Could the Secretary of State, from this record, ters. The first in rank is the ambassador. He is not only make out and deliver to him a commission as ambassador, a mandatory, as all others are, but he is also the repre- and thus send this peculiar gentleman to the most splensentative of the sovereignty which sends him; and in the did court in Europe, to represent the entire sovereignty presence of the sovereign receiving, he stands, as one of these United States; an office of honor and high dignity, king does in the presence of another, without uncovering which has never hitherto been, by this Government, conhis head. The envoy is another grade of minister, and is ferred on any of those talented and highly accomplished charged with the doing of some particular act, which, statesmen, who, as public ministers, have gone abroad when he has finished, he returns home. Resident minis- from this country? If, by the laws of nations, a non-reters are in rank below envoys, and are charged with such sident minister could be received by a foreign Power, relations of their Governments where they reside, as re- could this gentleman, under this appointment, receive the quire the constant attention of some mandatory or agent commission, and enjoy the immunities of such a minister? for their care and supervision. The envoy extraordinary Appointed minister at the Russian court, could he, honestand minister plenipotentiary is a high mandatory, empow-ly, and according to the record, have been commissioned ered to do whatever may be done by any other minister, at that court, and elsewhere? I beg leave to read the except the representation of the sovereignty which has formula in like cases, (1 vol. Lym.) addressed by the sent him abroad. He is inferior in rank to none but the Secretary of State to the appointed minister. "Sir, with ambassador. Commissioners are sent out on special agen- this letter, (among other things,) you will receive, 1st, a cies, and are received and accredited as ministers of an commission as envoy extraordinary and minister plenipoinferior grade. The chargé d'affaires is accredited as tentiary. 2. A letter of credence to the King. 3. A passsuch, and takes the duties, though not the rank, of resi-port for yourself and family." Has the Secretary given dent minister. him such a commission? Beyond question, he has given

If, sir, in addition to all these, foreign courts could ac-it. This is not all. He tells us in the message, under the credit and receive non-resident ministers, or such as might name of the President, that he has also given him a comreside either at such courts, or wherever else they might mission at the court of his Imperial Majesty, and cisechoose, and continue to be ministers wherever they might where. If this be true, and Mr. Randolph is now travelgo or reside, then is it not manifest that they must haveling or sojourning under it, he has abandoned the appointbeen designated as ministers of this character, both in their ment made by the President, under advisement of the appointment and in their commission? The nomination Senate, and has ceased to be minister of the United States made by the President to the Senate, is the foundation of at that court, and, if he be a minister at all, he is a minister the mission, and it must fully set forth the name of the elsewhere; and, as such, is literally the envoy extraordiman to be sent, the place to which he is to be sent, nary and minister plenipotentiary of the Secretary, not of the purpose for which he is sent, and the ministerial the President and Senate, or of the nation. character of him who is to be sent. Without all these, The same difficulties must have attended this mission how can the Senate advise and consent to his appoint-at the Russian court. The credentials given to Mr. Ranment? Accordingly we find that the President made this nomination with all these distinguishing characteristics. "Tuesday, May 25, 1830.-The following message was received from the President of the United States, by Mr. Donelson, his Secretary:

་

dolph must show his ministerial character; and in that character alone could he have been received by the Emperor. So we are told by Vattel, page 523-

"Among the several characters established by custom, it is in the sovereign's choice with which he will invest "To the Senate of the United States: Gentlemen: Ihis minister; and the character of the minister is made nominate John Randolph, of Roanoke, Virginia, to be en-known in the credentials which he delivers to the sovevoy extraordinary and minister plenipotentiary of the reign to whom he is sent. Letters of credence are the United States at the court of his Imperial Majesty the instruments which authorize and establish the minister

[FEB. 3, 1831.

in his character with the prince to whom they are ad-'been my object, I must have been less sagacious than 'dressed. If this prince receives the minister, he can my worst enemies have represented me to be, if I had 'receive him only in the quality attributed to him in his not obtained it. ⚫ credentials. They are, as it were, his general letter of Was it office? What, sir, to drudge in your laboratoattorney, his mandate patent, mandatum manifestum." ries in the departments, or be at the tail of your corps Had this gentleman two sets of credentials, two com- diplomatique in Europe! (Exiled to Siberia.) Alas! sir, missions, and did he exhibit them both to the Emperor in my condition, a cup of cold water would be more acDid he, in fact, tell his Majesty, "Your summer is too ceptable. What can the country give me that I do not hot-your winter will be too cold. The fur which has possess in the confidence of such constituents as no man warmed a bear, may warm a Russian monarch, but it can ever had before? I can retire to my old patrimonial never warm me. My constitution is worn out in the pub-trees, where I may see the sun rise and set in peace. lic service. I shall be sick-I am sick. I must reside elsewhere, any where, in England, in France, in a more go back to the bosom of my constituents. genial climate than that of your Majesty's capital." It is And shall I give up them and this? And for what? For too much to be supposed, even of Mr. Randolph. He the heartless amusements and vapid pleasures and tarpresented his at credentials and commission. His else-nished honors of this abode of splendid misery, of shabby where credentials and commission were retained for use when he should arrive, I know not where, but certainly elsewhere.

I shall retire upon my resources--I will

'splendor? for a clerkship in the War Office, or a foreign mission, to dance attendance abroad instead of at home -or even for a department itself? Sir, thirty years make sad changes in man.

sword of Damocles is suspended over me.”

Sir, our law has been evaded; the constitution has been evaded; the laws of nations have been evaded; the Pre-I feel that I hang to existence by a single hair--that the sident, the Senate, and our imperial friend, have been deceived, and the minister himself, suffering himself to be made a party to this imposition, has fallen into the devices of the Secretary; has been by him got out of the country on a mission, illegal, void, and nugatory; and is now, the deplorable dupe of State artifice, cruising about Europe, like some contraband trader, under a double commission, and with two sets of papers.

Will this gentleman, think you, return to Russia, hanging to existence by a single hair? Will he travel from region to region of Europe, with this sword of Damocles dangling over his head by a tie, equally attenuated? Never, sir, never; and if he never do return, as he most certainly never will, when does his mission end, if it did not end when he left the Russian court? If this mission Will it be contended by the supporters of this appro- ever had a legal beginning, when, or by what acts may it priation, that this gentleman will, after months of recess be ended? Vattel has told us, page 559, that all missions from the public service at the Russian court, return end: first, when the minister is recalled; second, when he thither, and by years of efficient labor efface all memory is dismissed; third, when he has finished the business on of this interval of idleness and neglect? What cause, sir, which he was sent; and fourth, in a word, whenever he is have we to believe that he will ever return to St. Peters-obliged to go away, on any account whatever, his functions burg? Observe what the Secretary has told us in the cease. By the laws of nations, which we cannot control, message: "If, as it is to be hoped, the improvement of his his mission was at an end when he went away" from health should be such as to justify him in doing so, he the court and country to which he was appointed and sent; will repair to St. Petersburg, and resume the discharge and neither the mandate of the Secretary, nor congressof his official duties." This does not affirm that he will ional enactment, can continue him a minister one moment return; it affirms that "it is to be hoped he may be well after he has, by the laws of nations, ceased to be one. enough to do so." According to the message, a want of Can we then appropriate money for the salary of such a health took him away from that court. Different reasons minister? Not unless we make ourselves parties to this were given for those facts by the official papers. By the imposition; and, in the name of the nation, guaranty this Richmond Official, the summer heat compelled his depar- fraudulent diplomacy. ture; by the Official in this city, the approaching cold of Gentlemen may place this salary on the ground of a the then coming winter drove him to seek a more genial quantum meruit, and tell us Mr. Randolph is entitled to climate. In Russia, summer is said to burst from the receive it, and we are bound to make the appropriation, frozen bosom of winter, like a sheet of flame from Mount because he has performed services at Russia, for which he Hecla, and to spread its warming, blazing, burning influ- deserves to have this compensation. What services was ence at once over the whole region. At times, so intense it intended he should perform; what in fact did he peris the temperature, that the pine forests take fire from the form; what, in so short a time, could he perform? We heat of the atmosphere. I have read a Russian traveller, are told by the honorable chairman of the Committee on who says vegetation is so rapid, that, on a soil thawed not Foreign Relations, [Mr. ARCHER,] and no man ever doubts more than one foot deep, the ground is ploughed, the his candor and correctness, that Mr. Randolph did not wheat sown, grown, ripened, and harvested in six weeks. perform what he was sent out to do. However meritoriWinter comes on the country as summer came, extinguish-ous that might be when done, he surely does not deserve ing, at once, the heat of the air and earth, by throwing any compensation for not doing it. How did this gentledown and spreading out one vast sheet of snow, from man represent, when presented at that court, the form Cronstadt to Kamtschatka. The genial and joyous airs of and body of our national character, by his appearance, spring, the sober and gladsome sunshines and shades of his manners, conversation, and intercourse with the imautumn, known under the Italian skies of Virginia, have perial family, the court, and foreign ministers then and never visited, and never can visit, a Russian climate. Un-there representing the various sovereignties of Europe less, therefore, this gentleman can visit Russia in summer, and Asia? I could give the history of this ten days, this, when he has been compelled to leave it, or in winter, when he dares not approach it, he cannot return again to St. Petersburg. What reason had the Secretary for the hopes expressed in the message, that the renovated health of Mr. Randolph might induce him to return? Permit me to quote from one of his speeches, delivered on this floor little more than two years ago.

which will, in our Russian diplomacy, be called the time of Randolph; I could give it from the most authentic testimonials; not from rumor, but from the voice of honorable, intelligent men, who, being there at the time, have since returned to this country, and from letters with which the Russian correspondence of our Atlantic cities has been crowded. All these speak but one language, ex"Sir, what can the country do for me? As for power, press but one feeling--the irrepressible feeling of woundwhat charm can it have for one like me? If power hadled and mortified patriotism. All these, instead of find

1

[H. of R.、

'our country. Books of travels, containing statistical or other information of political importance, historical works, not before in circulation, authentic maps, pubfished by authority of the State, or distinguished by exful discoveries--will always be acceptable acquisitions to this department."

66

ing merit in this man's diplomatic achievements, look on them with unutterable anguish; and have no consolation under the gibes and jeerings of foreign nations, but the memory of the past, when the dignified character of our republic was represented in Europe by Franklin, Jay,traordinary reputation, and publications of new and useAdams, Livingston, Jefferson, and Pinckney. Nothing, sir, but national pride has withholden this narrative from the ear of the world; for who would give a tongue to ob- Among the ordinary functions of an American minister loquy against his own country? I will, in silence, pass in Europe, is that of giving passports to citizens of the over the doings of this gentleman's ten days of diplomacy; United States, who apply for them. They sometimes nor would I have alluded to them, did not his friends receive applications for such passports from the subjects draw on these very doings as a fund of merit, entitling of other countries; but as these are not regularly valid, him to this compensation. The doings of ten days! What, they should be granted only under special circumstances, sir, could he do in that time? Why, in that time the dis-as may sometimes occur in the case of foreigners coming cipline of the Russian tailor could scarcely have reduced to the United States.' the rigid outline of this man into the exterior of diplo macy. He performed services for his country in that brief period! Cæsar, with the eagle wing of pursuit, and the lion strength of conquest, overrun Bythinia, and subdued the son of the great Mithridates in a few weeks. This conqueror might, in the confidence of friendship, venture, with poetic license, to write to his associate at Rome, "veni, vidi, vici." Should our Russian envoy write the history of his ten days, he might, without poetry, place all, for which he can have any claim on his country, in as few, and almost the same words; veni, vidi, abivi, would fill up the whole quantum meruit of his mission.

وو

Do not these labors require residence at the court of his Imperial Majesty? Look into the published diplomatic correspondence of our former ministers. What treasures of information! What monuments of ability, labor, and diligence!

This gentleman could not reside at the Russian capital. Neither his health, his constitution, his age, nor the climate, would permit such residence. As well might the Secretary have plucked up one of his patrimonial oaks, and transplanted it on the banks of the Neva, with any expectation that it might take root there, and live, and flourish in the summer heats and winter storms of Russia. So utterly out of the question was all expectation of

that although it must have been known such service could not be rendered without residence, yet he received full permission to leave the court and empire of Russia, and reside wherever he might choose to reside.

If it be contended that this gentleman is entitled to a pro rata compensation for the time spent in going to Rus-public service from the appointment of this gentleman, sia, and while there, as freight is apportioned and paid, when a cargo is, by casualty, transported a part only of the voyage, I am ready to agree that this alone is the ground on which any thing whatever can be claimed. This, however, will fail, if the mission be, in its inception, contra jus gentium, and therefore void. If there be any part of this mission sound and legal; if this gentleman has believed he was, in good faith, in the public service, in the name of justice let him be paid for all that time, although nothing was effected beneficial to the nation. On this ground I am ready to support, though I cannot move to make any modification of the motion under considera

tion.

Mr. Randolph was, of all men, the last which a wise and judicious policy would have selected to represent the interests of our nation at the Russian court. He had publicly expressed opinions concerning that court and the imperial family, most derogatory and degrading. Suffer me to read these opinions, from one of his speeches, published under his own corrections and supervisal, in Gales and Seaton's Register of Debates, volume 2, part 1, page 392-3.

Last of all, I come to inquire whether this salary can be "Now, sir, the gentleman from North Carolina is so exdue, because this mission, and the conduct of the minister tremely unreasonable as to wish-he will bear with my under it, may be especially beneficial to the Secretary of reproof, I hope--as to wish to break the lineal succession State. Was this gentleman appointed with any view or of our monarchs, and to reduce us to something like the expectation that he could render diplomatic services at barbarism of Russia, where they have not yet perfected the court of Russia? Surely not. For, in the first place, themselves in the A B C of legitimacy; a regular indefeathe performance of such services required his residence sible succession of tyrants; although they claim the head at the Russian court. This is evident from the nature of of the table of the holy alliance-where there is hardly those services, as may be seen from reading the ordinary one instance of the lineal heir succeeding to the throne instructions to all resident ministers; Lyman's Diplomacy, without regicide and parricide, (which the case implies,) vol. 1, pages 15, 16, 17: from the time when Muscovy first became a European "Among the most important general duties of a minis-Power-from the time of Peter Alexiovitch, (or Alexioter of the United States in foreign countries, is that of witz, as I was taught in my youth to call him,) who was transmitting to his Government accurate information of the slayer of his son, and who transmitted his power to the policy and views of the Government to which he is Catharine, the Livonian peasant girl, first his strumpet, accredited, and of the character and vicissitudes of its then his chamberlain's, then an Empress; whom I have important relations with other European Powers. To heard more than once confounded with her namesake acquire this information, and particularly to discriminate Catharine, Princess of Anhalt, the second of that name, between that which is authentic, and that which is spu-who, by the murder of her husband, Peter 3d, usurped rious, requires steady and impartial observation, a free the throne. With some variation of the mode, not of though cautious correspondence with the other minis- the measure,' it is the case in this our day of Constantine ters of the United States abroad, and friendly, social re- Cæsar-ovitch--which means, I believe, Fitz-Cæsar-as it lations with the members of the diplomatic body at the was with his father, Paul Petrovitch, and with his father, 'same court. Peter, the son of somebody-nobody knows who--who "In your correspondence with this department, besides went before Paul, not by the same instrument; no, sir. In the current general and particular politics of the country the case of Peter, the red-hot poker--the actual cauterie where you are to reside, you will be mindful, so far as-supplied the place of the new Pahlen-tie of the twisted you may find it convenient, to collect and transmit infor-cravat-a la Pichegru-and it was only the day after the ⚫mation of every kind, relating to the Government, finan-news arrived of the deliverance of the world from the 'ces, commerce, arts, sciences, and condition of the nation, autocracy of Alexander the Deliverer--as well as I rewhich is not already known, and may be made useful to member the date-I know that it was on the 9th of Febru