804 APPENDIX TO BRITISH CASE. 



It will be seen that an interval of fifty-three years, between 1827 

 and 1880, occurred during which the President did not ask the con- 

 sent of the Senate to any such appointment. 



The following important appointments and many others were 

 made when the Senate was in session : 



March 2, 1793. David Humphries. By Washington. Commis- 

 sioned plenipotentiary to treat with Algiers. Congress adjourned 

 on that day. 



January 26, 1832. Edmund Roberts. By Jackson. Commissioner 

 to treat with Cochin China and Siam. Congress in session. 



May 3, 1838. Nathaniel Niles. By Van Buren.. Special agent to 

 negotiate treaty with Sardinia. Congress in session. 



March 28, 1846. A. Dudley Mann. By Polk. Special agent to 

 treat with sundry States of Germany. Congress in session. 



The constitutional power of the President to select the agents 

 through whom he will conduct such business, is not affected by the 

 fact that the Senate is or is not in session at the time of such appoint- 

 ment, or while the negotiation is being conducted; or the fact that he 

 may prefer to withhold, even from the Senate, or from other coun- 

 tries, the fact that he is treating with a particular power, or on a 

 special subject. 



The secret-service fund that Congress votes to the Department of 

 State annually is that from which such agents are usually paid. That 

 is the most important reasons for such appropriations. 



The following is a summary of Appendix C : 



Persons appointed by the President and confirmed by the Senate : 

 1792. William Carmichael, William Shott, to treat with Spain. 

 1794. John Jay, to treat with Great Britain. 

 1794. Thomas Pinckney, to treat with Spain. 



1796. Rufus King, to treat with Great Britain. 



1797. John Q. Adams, to treat with Prussia. 

 1797. John Q. Adams, to treat with Sweden. 



1797. C. C. Pinckney, John Marshall. Elbridge Gerry, to treat 



with France. 



484 1798. John Q. Adams, to treat with Sweden. 

 1799, Rufus King, to treat with Russia. 



1799. Oliver Ellsworth, Patrick Henry, and William Van Mur- 

 ray, to treat with France. 



1799. W. R. Davis, vice Henry, as above. 



1803. James Monroe and R. R. Livingston, to treat for Louisiana. 



1803. Rufus King, to treat with Great Britain, northeast bound- 

 ary. 



1806. James Armstrong and James Bowdoin, to treat with Spain. 



1814. J. Q. Adams, J. A. Bayard. Henry Clay, and Jonathan 

 Russell, to treat with Great Britain. 



1814. Albert Gallatin, to treat with Great Britain. 



1826. R. C. Anderson and John Sargeant, to treat with the Ameri- 



can nations. 



1827. Joel R. Poinsett, vice Anderson, above. 



1880. James B. Angell, John T. Swift, and W. H. Prescott, to 



treat with China. 

 Total number, 32. 



