Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1810-05-23

contrary 10 the viii of the nSiorig-.-
Mi. Mason was eensured for publishing
the Bfiash esaHs even by some Of His
own party. but hsW far do the rights q
the PRESIDENT, in eonssquence Of the treaty
: making Power. eo~to seal the lips of the
members Of clubhouse Of representatives?
Can he eehnrnunicate what papers he pleas
! es to that body. .and by snod ffoAf hia.pe-
: lisieA Olympus, impose upon thatbody the
degrading necessity of being silent as TO
their contents, al his own discretion? Is
the injunction to produce eoneea1Aen. Of
the substance or the form of the d~oeuHen!s,
of. both substance and form, or Of which,
exclusively of tie other Have the mem
bers no right to: examined the subject for
themselves, and form al opinion whether
the papers communicated do or do not be-.
long to the proper sphere Of the treaty ma:
king power And if the house -neglects to
make a decision involving such an opinion'
) are individual members preclu ded from it,
as it respects the regulation of their own
conduct? AS it is a mere matterofsepihion
how far the house Of representatives possess
any constitutional power Of cooperating
with the president and senate in the forma-
ton cf>treaties, is not every nember1o
Judge for himself how far he is bound to
respect the opinion IT the executive upon
that subject? lis it not the better opinion,
even upon the principles Of the democrats
themselves, that the house of.rePrssenta-
,tives have nc Previaus agency whatsverin
the matter of.tressiss, but a power and that
to be exercised IN extreme cases only, Of
rhecking the president and senate, when
: they make treaties destructive to the state,
by refusing to 'makeshe appropriations to
carry such treaties into efectf And if this
be correct ,.whaV power has the president to
communicate to the: house documen re-
speeding a treaty contemplated or COM
menced, and what right has the house 10.
act upon them in that character? If such
powers and rights exist, are they unlimited
in duration a. wei as in ex.en.. Are .hsy
20 operate upon particular cases, not only IN
the present, but. through every future age?
Some Of these, as DR.. Franklin said to the
House of Lor dS, are deep questions. All
ofthsm are mOinentous. 1t would be all
surd to contend that the right o~f~imposing
secrecy, upon a member Of Consrsss cease,
to operate upon that member when he ceases
Is be a member. In e,at case, it would on.
~ be necessary for a member to resign his
seat; to become entitled to the privilege Of
Publishing the whole ofthe, secret journals
Of the body to which he belonged. mo.
Let reasonable constructions to made in all
doubtful cases. $50 far as the right to i'm.
pose the injunctioa of secrecy is fairly war.
ranted by the constitution, it must be adj
mitted that the duration OF the obligation
resulting from the exercise of that right,
mussdepend upon the pleasure of the body
+ by whom it is thus constitutiOnaIly exercis-
ed. And it is certain that each house of
Congress does possess The right of keeping
a secret journal Of its proceedings. Its
power-so conceal political documents, rsla.
ave to the common defence and general
welfare is quite another thing. Doeu-
men.s, especially executive ones, are not
Regularly a part of the journal. When
printed for the use of the members, they
are printed in dis.ihct sheets, u~uconuected
with the. Journal, and never considered as a.
par. Of il, not considered ven as appendix.
ces to il. If the President communicates
,papers,professedly relating to the intended
Z As.-s sa.h ~o~... nos