WASHINGTON, _June 7, 1838_.
_To the Senate of the United States_:
Having received satisfactory assurances from the Government of Ecuador
of its desire to negotiate a treaty of commerce on the most liberal
principles in place of the expired treaty made with the Republic of
Colombia, heretofore regulating our intercourse with Ecuador, it is my
design to give the requisite authority for that purpose to the chargé
d'affaires of the United States about to be appointed for Peru, with
instructions to stop in Ecuador on his way to Lima as the agent of the
United States to accomplish that object. The only additional charges to
be incurred will be the expense of his journey from Panama to Quito, and
from thence to the place of embarkation for Lima, to be paid out of the
foreign-intercourse fund. I make this communication to the Senate that
an opportunity may be afforded for the expression of an opinion, if
it shall be deemed necessary, on the exercise of such a power by the
Executive without applying to the Senate for its approbation and
consent. In debate it has been sometimes asserted that this power,
frequently exercised without question or complaint, and leading to
no practical evil, as no arrangement made under such circumstances
can be obligatory upon the United States without being submitted to
the approbation of the Senate, is an encroachment upon its rightful
authority. It appears to have been considered that the annual
appropriation of a gross sum for the expenses of foreign intercourse is
intended, among other objects, to provide for the cost of such agencies,
and that the authority granted is the same as that frequently given to
the Secretary of State to form treaties with the representatives or
agents of foreign governments, upon the granting of which the Senate
never have been consulted.
Desiring in this and in all other instances to act with the most
cautious respect to the claims of other branches of the Government,
I bring this subject to the notice of the Senate that if it shall be
deemed proper to raise any question it may be discussed and decided
before and not after the power shall have been exercised.