The constitutionalist — Exeter, N.H., 1810-06-25 00:00:00, page 1

LETTERS UPON FRENCH
INFLUENCE.
No. V.
To the People of the United States.
The question how far the House of
Representatives possesses a constitu
tional power to bind its members to se
crecy in respect to " Public Docu
ments," is now open for examination.
" Documents," communicated by
the President to Congress are called
<c Public," because we naturally take
no other views of this subject than that
such communications are made in pur
suance of that part of the constitution
which makes it the duty of the Presi
dent, " From time to time to give to
the Congress information of the state
bf the Union." In discussing the
President's power upon this point, it
has already been remarked that the
power to give information to Congress
could not mean the same as to with
hold information from the People.
We may go farther, and say, with
perfect confidence, that the framers of
the Constitution expressly contemplat
ed publicity as the essential character
istic of this act of the President. The
constitution is imperative. "He
shall, from time to time, give to the
Congress, &c." This provision is
contained in a section of the constitu
tion which prescribes the duties rath
er than the powers of the Executive.
The first section of the second article
regulates the election of the President ;
the second gives him the powers of
military command, of reprieves and
pardons, of making treaties, and of ap
pointments; and the third commands
him to give information to the Legis
ture, to recommend measures to their
Consideration, to receive ambassadors,
and to execute the laws. "He shall
give to the Congress"—What? « In
formation." Respecting what? " The
state of the Union." It is worthy of
repeated remark, that, in the arrang
ment of executive powers and duties,
this duty of communicating informa
tion is carefully kept distinct from the
powers of making treaties. The fram
ers of the constitution anticipated no
connexion between them. Those il
lustrious sages and patriots did not
contemplate the purchase of an Arabia
Deserta, or even an Arabia Felix.
They did not mean to make it the du
tyof the executive to make treaties to
buy territory or to buy peace. Yet
it is only Upon the ground of an imag.
inary, but clearly extra-constitutional,
connexion between the treaty making
power, and the communication, by the
department of the government which
possesses thatpower, of" information"
to Congress in the shape of diplomatic
documents, thatthe friends of admin
istration pretend to justify even the
House of Representatives in imposing
a perpetual injunction of secrecy
in relation to the contents of those
documents. The present Writer does
not hesitate to deny, with at least
equal boldness, aud he hopes more co
gent reasoning, than what sir Francis
Burdett has displayed in questioning
the right of the British House of Com
mons to imprison a British subject,
the constitutional and legal power of
the House of Representatives, to impose
such an injunction. He has already
totally denied the right of the Presi
dent to exercise this power. He now
denies its existence in the House of
Representatives, as the constitution,
the laws, and the rules of that House,
have hitherto stood. But he does not
affect to be wiser than seven men
who cun render a reason. He will
not resort to
Arguings that are unintelligible,
And mysteries nice of quirk and
quibble.
Hut will -give the reasons for the po
litical faith that is in him upon this sub
ject, with his usual conciseness and
simplicity.
It is certain that there are but two
constitutional provisions which bear
upon this point: That which is con
tained in the second clause of the fifth
section of the first article, in these
words, ' Each House may determine the
rules of its proceedings: punish its
members for disorderly behaviour ;
and with the concurrence of two thirds,
expel a member :" And that which fol
lows in the very next clause, " Each
House shall keep a journal of its pro
ceedings; and, from time to time,
publish the same, excepting sack parts
Vol. I.]
POLITICAL.
THE CONSTITUTIONALIST.
AGAINST THE INSIDIOUS WILES OF FOREIGN INFLUENCE, THE JEALOUSY OF A FREE PEOPLE, OUGHT TO BE CONSTANTLY AWAKE... Washxngtox.
as may in their judgment require se
crecy ; And the yeas and nays, of the
members of either House, on any
question, shall at the desire of one
fifth of those present, be entered on
the journal." Now, as the House
might do business without any settled
rule, except perhaps that of vesting
the Speaker with a sort of absolute
power, and is only permitted to " de
termine the rules of its proceedings,"
it is clear as light that this permission
to make rules of form, has rio natural
connexion with the command to keep
a journal, which is a rule of substance
prescribed by the constitution itself,
and of course a necessary and indispen
sable one. The rules of proceeding
are to govern members only, and only
while members. The right to keep
a part of the journal secret must bind
all men at all times. If exercised con
formably to the constitution, it must
be a gross contempt of the House to
purloin or copy that part of the jour
nal for publication. But it is the ''jour
nal" alone that is held sacred. It is
those parts of the journal only which
the House may determine (it would
seem by an express vote) to be im
proper to be published, and not any
other papers whatever which are not
entered on the journal, that are thus
protected by the shield of the consti
tution, and screened forever from the
-vulgar gaze. What is " a journal of
proceedings ?" Certainly neither more
nor less than a record of acts. The
House,in parliamentary phrase, " pro
ceeds to consider" this or the other
matter, and the statement ofits " pro
ceedings," thrown into the form of a
diary, constitutes the " journal." As
it does not keep a journal of debates,
it is neither required to publish its de
bates, nor can It prevent the publica
tion of them, although they may have
taken place with closed doors. For
instance, when the House refused to
publish the journal of its proceedings
upon the secret proposition to buy
Arabia the Sandy (Florida) any mem
ber bad a right to state what was said
pro and con, upon the subject gene
rally, if he stated no motion or vote.
The distinction is obvious. Motions
and votes are entered upon the jour
nal, argument and eloquence are not.
It seems that in England the exclusion
of the populace from the galleries has
not been considered as involving a de
nial of the right of the members to
publish even the proceedings, as we
learn by the following curious article
from a late number of that celebrated
publication, Bell's Weekly Messen
ger. "We remember a time, during
the administration of Lord North,
when the gallery was once shut. [On
ly " once" in the reign of the Great
"Tory," North? Our " Whigs" of
the West are not so scrupulous.] The
reports of the proceedings, however,
went on in the news-papers as usual.
They were furnished by members them
selves. Till at length the good humour
ed Lord in the blue ribbon, stepped a
cross the house to Mr. Fox, and said,
" Really, Mr. Fox, since we have turn
ed reporters ourselves, the speeches are
so clumsy, there is so much misrepre
sentation, and so much nonsense, that
we must open the gallery door in our
own defence." This remark was better
calculated for the meridian of London
than it would now be for that of
Washington. The majority of our
legislators must either be silent; or
speak with closed doors, if they mean
to be respected by the people. They
can never be under the necessity of
opening the galleries in defence of their
own reputation as men of intellect.
Enough however of this. Nor is it
clear that we are obliged to adopt the
common law of Parliament. But if
that body, which is sometimes, with a
spice of profaneness, called " omnipo
tent," does not presume to consider its
unquestioned right to hold secret ses
sions as involving that of preventing
the publication of its secret proceed
ings, it would seem to indicate a little
arrogance in a Legislature whose pow
ers are so limited as those of Congress,
to presume to say that documents which
form no part of its journal are not to
be published, because it is permitted
to keep a portion of the journal itself
secret.
The task which the writer has under
taken may be a task of years. He
hopes to be enabled religiously to per
form his engagements to the People.
Betas he announces explicitly, as the
result of long and deep reflection, that
he conceives himself entitled to make
use of at last the substance of all the
EXETER, (N.H.) MONDAY, JUNE 25, 1810.
From the Federal Republican.
REFLECTIONS
On the present State of our Country,
ADDRESSED TO 11IS EXCELLENCY
JAMES MADISON.
No. IV.
The extraordinary prevalence of the
French politicks (or of jacobinism) in
this country, may be accounted for,
from the fact, that there are so many
ambitious and unprincipled, and so
many ignorant men among us. The
jacobins, to a man, will be found
among one or other of these two class
es. They are all of them, men of
weak heads, or bad hearts, or both.—
Their party, however, has at length
become so formidable-; has so com
pletely deluded aud corrupted the
great body of the people and engaged
so much of the physical strength of
the country on its side, that nothing
but great exertions firmly and uniform
ly Continued, on the part of the friends
of tlie government, will be able to
prevent that new order of things
from rising among us, which our state
of society seems to beso well prepared
for. Men who are little accustomed
to observation and reflection on these
subjects will look at thele sentiments,
with a good deal of unconcern and in
credulity. It will be hard to persuade
them, when they see their country
blessed with such an admirable con
stitution and form of government ;
and securing such a large share of
civil liberty to them; when, in short,
they, see so much virtue and intelli
gence in the community ; so many
learned and charitable institutions es
tablished throughout the country, and
the utmost harmony and happiness
reigning to appearance, among all
parties of men ; it will be hard to per
suade them, when they see all this, that
a state of things is fast approaching,
to subvert and do away their govern
ment, and all those wise and virtuous
institutions, which uphold aud pre
serve. their liberty and rights.* "In
the long series of ages which have
furnished the matter of history, never
was so beautiful and august a specta
cle presented to the moral eye, as
Europe afforded the day before the
revolution in France. I knew, indeed,
that this prosperity contained in itself
the seeds of its own danger. In one
part of the society, it caused laxity
and debility. In the other it produ
ced bold spirits and dark designs."
However su periour our state of society
is to that of France, in the time of
Louis XVI. this much is Certain, that
the same politicks and philosophy,
which ruined that government, prevail
to a very considerable extent in our
own country. With all this, sir, you
are perfectly well acquainted ; and yet,
you care so little for the interests and
happiness of your country, that you
are willing to lend your name to sanc
tion the views and proceedings of the
sect of jacobins The history of
your administration, will be written in
letters of blood. The dignity of this
great nation abroad has been trifled
with ; and its eternal happiness and
prosperity sacrificed by the mbst mon
strous system of measures that were
ever adopted in a free country. Ido
not wish, sir, to heap upon you the
language of abuse; but I wish to make
you feel, even at the expense of the
quiet and tranquillity of your con
science, how much the people of Amer
ica have been injured, by those weak
and wicked measures, which have
marked the whole course of four ad
ministration.
The extraordinary influence of the
French politicks among us, is a sure
and most powerful instrument, by
which the subjugation of this country
will be rendered an easy business for
the Emperor Napoleon. It is almost
incredible low far tie minds of men
documents upon which Congress has
acted, and of the whole of the debates
of the House of Representatives, be
they now public, or be they yet pri
vate, even the " uninitiated" will in a
moment be satisfied that the field be
fore him is " volumnious and vast."
The torrent of popular passions is now
so resistless, that if any good can be ex
pected to result from these pages, it
must be of a date at least as distant as
the probable termination of them.
The responsibility of the writer may
be a tremendous one, but he assumes
it with all the cheerfulness of Principle,
and will meet its consequences with all
the firmness of Patriotism.
I am very much disposed, sir, to at
tribute all this to the introduction of
French manners in the first instance,
and afterwards of French infidelity
into Sweden ; which conspired to break
down tlie national spirit of that hardy,
enterprising, and free people. To be
sure, this has been the case with all
the governments of Europe which have
been subjugated by France; but it is
more remarkable with regard to Swe
den, from the manner in which French
influence first begun there; and from
the fact, that the people of that coun
try were before comparatively so en
lightened and virtuous, and seemingly
so little prepared for such a state of
things. Whatever may be thought of
the subject of French influence, in this
country, and I know there are few
men who experience any concern and
solicitude about it; l am very much
inclined to believe that it will operate
in the same manner, and .produce the
same consequences among us, as in
Europe. There are indeed a large
and respectable body of men among us,
who tire strongly attached to their
country, and to its government and
laws; but they are completely over
powered by 4 vast majority of weak
and corrupt men, Who would be wil
ling to renounce that mild and temperate
liberty, which they now enjoy, and to
live under the despotism of the Em
peror Napoleon. It is, to be sure,
true, that the Federalists are, as a
body, the most enlightened (and in
. deed every way superiour) of the two
great classes. You may travel through
out the whole country, sir, through
the Southern States, as well as through
the New-England, and you will uni
formly find, that talents and love of
country, and even wealth are on their
side. But there is such alarge majority
of the people who are ignorant, who
can hardly read and write, that un
principled and ambitious men find ii
an easy task to delude them. Mr
Adams thought that there was no 'other
remedy for these evils, than to mak;
the government in some way or other,
more eriergetick than it is now. It is
certain, that the extraordinary energy
which the English government pos
sesses, is the only means by which the
democratick party there, are kept
down, and prevented from triumphing.
That party is larger than the whig roy
alists, and the ministerial party put to
gether. "It is (says ri late writer on
the state of parties in G. Britain)
scattered aud obscurely visible. It is
not for the immediate interest of any
orie to acknowledge it ; and scarcely
any one is proud of its badge or de
nomination. It lurks, however, in
private dwellings—it gathers strength
at homely fire-sides—it is confirmed in
conferences of friends—it breaks out
in pamphlets aud journals of every
description ; and shows its head now
and then in the tumultuous assemblies
of populous cities." Such is the in
fluence of jacobinism, even in G. Brit
ain. But there, the strong arm of the
government keeps it down, and it must
be confessed, that with some wisdom
and exertion on the part of ministers,
thedemocratick party might be general
ly gained over, and Conciliated ; for
they have really some foundation for
their complaints, which is not the case
with the same party among us.
With regard, however, to the want
of energy in our government, there
are, it must be remembered, a good
many obstacles perhaps insuperable
ones too, to remedying the evil., I
hardly think, that the people will ever 1
consent to go calmly and deliberately
to work (for what nation ever did) to 1
may, in this way, be prepared for such
an event: About fifty years ago the
French manners were introduced into
Sweden, and were imitated by all class
es of men in that country. A total
alteration took place in the national
character, soon after. The heroism
and love of country, and the plain,
open honesty of that people, were ex
changed for the luxury and politeness,
and infidelity of the French. The
close alliance which subsisted between
the two countries for so many years,
also helped to bind the interests and
politicks of the two countries together
And although a great many things
have occurred of late years to make us
believe that Swederi would make a bold
resistance to the usurpation of France,
and that she would willingly join in a
coalition against her; yet the truth is,
the cause of France is as popular ttere
as it is among us, and Sweden is now
prepared to become a province of the
French Empire.
In consequence of the dissolution of
the junta in Spain, a new organiza
tion of the government of Cuba has
taken plrice in Havana. Reform es
some of the absurd restrictions on com
merce is expected among the primal,
results of their revolution. So be it.
Late Calcutta papers mention that a
party of French had landed at Tappo
nooly, and committed many gross de^
predations on the settlement.
A report prevailed at Jamaica, ora
the 19th nit. that a fleet had escaped
from Toulon, and was then in the West.
Indies.
—
It is reported that Lt. CoT.^ana
has resigned his commision irrthe arm,
of the United States. The '' Demo~
cratic Press" says, '' Many strong
hints had been given that his resigns
tion would be particularly satisfactory
to the General Government."
The Baltimore democratic " Whig,"
says, that Duane, by giving up his
commission as Colonel, to the Presto
dent, has snapped asunder tty tenure
which was supposed to rest on "gpoQ
behaviour," of a certain kipd. ~
alter the fundamental laws of the counit
try. That there will be a change id
the constitution of the government ill
less than fifty years, I hate no question ±
but it will grow entirely out of that
state of things which the jacobins are
bringing about, and the form of gov
ernment which they will establish, will
be infinitely worse than the one we
now live under. 1 beg you, sir, whd
are aprofound politician, td give soma
attention to this subject; and to en
deavour to prevent the government
and institutions of your country front
being subverted. Unfortunately you
have countenanced the jacobins iri all
their projects ; rind now, itis ^difficult
and disagreeable business to retrace!
yout steps. Your duty and interests
of your country, however, call uport
you to do it.
From SPANISH AMERICA.
We have received accounts from this
now interesting part of the continent
as late as the 12th May. At that time
the new Independents continued their
measures for the establishment of a new
Empire ; at the same time declaring
that should the legitimate ruler of Spain,
(Ferdinand 7th) be restored to his
Kingdom, they would return to their
pristine allegiance. Cent.
" To day a treaty concluded by our
King and the Emperor of France i$
made known ; an article of which says :
•' All the goods introduced nt
American vessels since Ist of Jan^
UARY 1899, IN THE PORTS OF HoLo
LAND, SHALL BE ATTACHED AND GIQ
en up to France, in order to dis^
POSE or THEM ACCORDING TO CIRCUM^
STANCES, AND HER POLITICAL RELAA
tions WITH THE United States."
We wish to communicate this to our
respective friends in order to prevent
their entering into any business tb these
ports before the present state of things
has altered."
I am very much disposed to admiral
rhe constitution and form of governs
ment under which we live, I think;
th^re never was any parallel to it one
earth ; the liberty of Sparta and Lycia,
and of the Venetian and Dutch Re-,
publicks (before the present state of
things in Europe) was nothing com
parable to that which we enjoy. But:
great exertions on the pirt of the
friends of the government will be ne^
cessary to prevent its declension and
subversion.
From SOUTH OF SPAIN. 1
" Tarragona, March 24. There
are in the vicinity of this place a French
army of about 20,000, and a Spanish
force of 30,000 to oppose them. The
b rench have a strong park of siege
artillery, and probably will try its ef
fect on our city which is strong by art
and nature, arid if well defended, and
supplied, can withstand a six months
siege."
Extract of a letter from a mercantile
house in Amsterdam, dated 9th
April.
* Burke's works, vol. 4, Letter to
^n. Elliott.
9isrcHanp,
[No. 6.