Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1810-06-18
Risfsihilp.
Letters upon French influence.
NUMBER v.
TO the People Of the United States.

power TO bind its members to secrecy IL,
| respect to " Public Documents" is now
open for examination.
I" Documents" communicated by the
President to Congress are colled Pub
lic," because we can naturally take no O.
ther view of this subject than that such
communications are made in pursuance of
that part Of the constitution which makes
/ il the duty of the President, {" From time
to time to give to the Congress inflammation
of the state of the Union" In discussing
the Presidents power upon this point, Il
has already been remarked that the power
\ to give information 10 Congress could not
! mean the same as 10 withhold information
! from the People. We may 60 farther, and
say, with perfect confidence, that the fra
mers ct the constitution expressly cortem-
! plated publicity as the essential character
istic of this act ofthe President The ccu-
stltutlon Is Imperative. He SHALL,
from time to time, give to the Congress,
&C." This provision is contained in a Sec
ton of the constitution which pre5cribes
the duties, rather than the poSpers Of the
Executive. The first section Of the second
article regulates the election of the Presi-
dent; the second gives him the powers of
military command, Of reprieves and pardons
of making treaties, and of appointments !;
and the third commands him to give infor-
nation to the Legislature, to recommend
measures to their consideration, TO receive
ambassadors, and to execute the laws.
6 He shall give to the Congress"-What
Information" Respecting what y" The
state of the Union" 1t is worthy of repeat
ed remark, that, in the arrangement of
executive powers and duties, this duty of
communicating information is carefully
kept distinct from the power of making
treaties. The trainers of the constitution
anticipated no connexion between them
Those lllustrlous sages and patriots did not
contemplate the purchase of an Arabia
Desert, or even an Arabia Felix. They
did not mean 10 make it the duty Of the
Executive to make treaties, to buy terrific
RES or to buy peace. Vet it is only upon
the ground of an imaginary, but clearly
extra-constitutional, connexion between
the treaty making power, and the commu-
nIcatlon, by the department of the govern
ment which possesses that power, of 6 in
formation" to Congress, In the shape of
diplomatlc documents, that the friends of
administration pretend to Justify even the
House OF Representatives in imposing per-
petual injunction OF secrecy in relation to
the contents of those documents. The pre-.
sent writer does not hesitate to deny. with
at least equal holiness, and he hopes more
cogent reasoning, than what Sir Francis
Burdett has displayed in questioning the
right Of the British House of Commons
to imprison British subject, the constitu.
tional and legal power of the House of Rep
N
He has already totally denied the right of
the PRESIDENT 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 qUfser than seven men zglo can render a req.
son. He will not resort to
1f,guings that are minfelAgible,
And mysteries nice efqniyk and Qrlib5le.
But will give the reasons for the political
faith that is in him upon this subject. with
his usual conciseness and simplicity.
II is certain that there are but two con-
stitutional provisions which bear upon this
point That which is contained 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 behav.
iour and, with the concurrence Of two
thirds, expel member" And that which
follows IN the very next clause, Each
House shall keep journal of its proceed.
ings; and, from time to time, publish The
same, excepting such parts as may in their
Judgment require secrecy And the yeas
and nays, of the members ofeither House
| on any question, shall, at the desire OF one
hfth OF those present, be entered on the
journal" Now, as the House might do bust
| ness without any settled rule, except per-
haps that otvestlng the Speaker with a sort
OF absolute power, and is only tera.itfe.i to
determine the rules Of its proceedings
| 1t Is clear as light that this PERMIss1oN 70
make rules of form, has no natural connex.
ION with the COMMAND TO keen journal
| which ~ a rule Of substance prescribed nv
The constitution itself, and of course a ne
| cessary and indispensable one. The rules
OF proceedings are to govern members only.
ana only while members. The right III
keep part OF the Journal secret must bind
All men al all times. 1t exercised conform
aDiy 10 the constitution, it must be a gross
contempt OF the House to pHrloin or cbpy
that part or the journal fer publication. But
II IS the Journal alone that IS held sacred
Il Is those parts Of the journal only which
me House may determine (it would seem
Pr az express vote) to be improper to "
puohshed' and not any other papers what.
ever winch are not entered on The journal
t'at are thus protested BY the shield Of the
constitution, and screened forever from the
vulgar gaze, What is a journal Of procee.
dings Certainly neither more nor les
'lan record Of acts. The House, in ParIia