by letters patent under the great broad seal of the United
States, and the signature of their President, (that President being
George Washington,) countersigned by the Secretary of State, David
Humphreys was appointed commissioner plenipotentiary for negotiating a
treaty of peace with Algiers. By instructions from the President, he was
afterwards authorized to employ Joseph Donaldson as agent in that
business. In May, of the same year, he did appoint Donaldson, who went
to Algiers, and in September of the same year concluded a treaty with
the Dey and Divan, which was confirmed by Humphreys, at Lisbon, on the
28th November in the same year, and afterwards ratified by the Senate on
the ---- day of ----, 1796, and an act passed both Houses on 6th May,
1796, appropriating a large sum, twenty-five thousand dollars annually,
for carrying it into effect."[279]

The precedent afforded by Humphrey's appointment without reference to
the Senate has since been multiplied many times, as witness the mission
of A. Dudley Mann to Hanover and other German states in 1846, of the
same gentleman to Hungary in 1849, of Nicholas Trist to Mexico in 1848,
of Commodore Perry to Japan in 1852, of J.H. Blount to Hawaii in
1893.[280] The last named case is perhaps the extremest of all. Blount,
who was appointed while the Senate was in session but without its advice
and consent, was given "paramount authority" over the American resident
minister at Hawaii and was further empowered to employ the military and
naval forces of the United States, if necessary to protect American
lives and interests. His mission raised a vigorous storm of protest in
the Senate, but the majority report of the committee which was created
to investigate the constitutional question vindicated the President in
the following terms: "A question has been made as to the right of the
President of the United States to dispatch Mr. Blount to Hawaii as his
personal representative for the purpose of seeking the further
information which the President believed was necessary in order to
arrive at a just conclusion regarding the state of affairs in Hawaii.
Many precedents could be quoted to show that such power has been
exercised by the President on various occasions, without dissent on the
part of Congress or the people of the United States. * * * These
precedents also show that the Senate of the United States, though in
session, need not be consulted as to the appointment of such agent