The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-05-05
CWemtp=AeOenth Congress.
.t SECOND SESSION.
In SENATE,
TUESDAY, May 3, lS42.


Woodruff. The amendment was then concurred IN
The CHAIR laid before the Senate communca-
ton from the Secretary of the Treasury In compliance
with resolution adopted in January last calling Tor
statements showing the amount OF money received by
public officers during the existence of the Independent
Treasury Act and what losses, if any, occurred by
defalcation, during its existence
The following bills read third time and
passed, viz
The bill to continue in force the act for the final
adjustment of private land claims in Missouri, APP
proved 9th July, 1882, and the act supplemental
thereto approved ID of March, 1888 the bill for the
relief of John c. Reynolds late disbursing agent of
the Indian Department the bill confirming the claim
of Jean Bapste Lecompte to tract of land in Louis
lana the bill for the relief Of Charles M. Keller; and
the bill confirming the claim of the heirs and legal
representatives of Pierre Doet to tract of land in
Louisiana
gislature of Ohio, instructing their Senators and
questing their Representatives to urge upon Congress
the passage of a law authorizing sale OF what is
called the Ottawa reservation.
Mr.. MILLER presented petition from citizens of
Burlington, New Jersey, praying for an additional ta
riff of duties on foreign importations.
PAPERS RELATING TO EXECUTIVE NOMINATIONS.
Mr. MERRICK said that some remarks were add
dressed to the Senate yesterday morning in relation
to the papers connected with nomination before the
Senate. He had learned, for it was his misfortune
to be absent from his seat at the time, that the Sena
tor from Missouri, Mr.. Benton) in the course
of his remarks, had ascribed certain act of the
Postmaster General to have been induced by the con-
sderation that the individual nominated for the office
of Postmaster at St Louis was relative of the POST
master General.
M. BENTON remarked that he had said connec-
ton of the Postmaster General.
/ Mr.. MERRlCK obseI we'd that he had been inform
ed that the gentleman alluded to in way con-
nected with the Postmaster General. So far, the Sc
nator from Missouri was misaken and therefore the
charge relating to this public officer had founda
ton on which to exist He thought that they ought
to have fair understanding of their duty in relation
to information which they might receive from the Ex-
ecutive Departments and which should be made either
TO the Senate, or any one of its committees, conf
Dental. There had heretofore been some action by
the Senate on subject of kindred nature against
the publication of papers communicated to the Senate
confidential. He did not think it proper to make
any remarks to the Of the Senator from Mis-
souri, in publishing the papers to which the Senator
alluded yesterday but his desire was that course
Of action with reference to Executive communications
should be prescribed for the future. He had been
fused the inspection OF papers on record In the War
Department, and informed that such pri-
vilege only extended to members grafia,
or by resolution of either branch of Congress-
Whether the Interpretation of the law by the Secre
tary right, he did not know. Ten years ago, a
Senator from Massachusetts, Mr.. Pckerng) saw fit
to read, in debate, the contents OF communication
which was made to the Senate in secret session and
for doing he received the of the Senate by
the adoption of resolution submitted by Mr. Clay,
and which was in the following words:
Resolped, That Timothy Pickering, Senator
from Massachusetts, having, this day, while the
Senate were sitting with open doors, read from his
place certain documents communicated by the Presi-
dent of the United States-the injunction Of secresy
not having been removed-committed violation of
the rules Of this body"
The resolution debated at considerable
length, and General Samuel Smith from his
Mr.. Merrick's) own State, said that "there could
be no doubt that there were certain things
of confidential nature which were extremely adj
vantageous to them in making up their opinions, and
| the President, when making certain communications,
| acted with strong reliance on those with whom he
communicated and therefore they ought not to d.
yulge that which intended to be kept secret If
they should do So the President could not place re-
| ance on them, and make communications for which
| they might CALI These were the views entertained
| by Mr.. Smith and other gentlemen who took part in
the debate 1t necessary for Senators in the dis
charge of their duties all Executive Subjects that
they should have free to all information touch
ing the subject-matter which might be under inves-
CATION in secret session, for the purpose of guiding
their judgment and enabling them to arrive at cor
rect conclusions The communications might be Of a
confidential nature, and not to be known beyond the
limits of the Senate Therefore there should exist an
understanding between the Executive and the Senate
directed to this end AS the chairman of the Com
mittee on the Post Office, it proper that he
SnOuId the senate 10 consider THIS SUBJECT
der to ascertain whether some mode should not be
| adopted to place the matter clear and distinct
footing. These remarks in no way intended to
reproach the Senator from Missouri He had no
right to cenrure that gentleman for what he had
done all that he desired was, that no difficulties
should remain hereafter in obtaining information
from the Executive Department.
| Mr.. BENTON said that he would go on, and re-
move the foundation from under the Senator, who
had made speech bottomed on the suppostion that
confidential communication from the President had
been made public by some Senator. Now it so hap
pened that the letter from the Postmaster General
was placed on fle-f,iLe-and in the language of
the Postmaster General it had become archive-
a,rc,h,i,v, e-and being archive in that De-
partment, and called for from that Department,
and not called for from the President, it had come
forth bearing all the bloody marks of the Department.
| He would say to the Senator from Maryland, with
all possible Difference that he thanked him for the
delicacy with which, as the Chairman of the Commit
tee the Post Office and Post Roads, he had men,
toned this matter but he called upon the Senator
show the paper with the red official ink and endorse
ments
Mr.. MERRICK declined.
| Mr. BENTON said that the document had
been mentioned by both of them, he made the de-
mand
Mr.. MERRICK claimed possession of the paper,
| and would not produce it.
Mr.. EVANS said that if the debate was to stop at
one o'clock, he would have no objection to its CONT
nuance until that hour.
| Mr.. BENTON would agree that it should not stand
in the way of the general appropriation BILL and he
said that if the debate should not be concluded by
| one o'clock, it would be some other way.
! Mr.. PHELPS arose, and observed that he felt
bound in justice to himself the calendar of private
/ business was
| Mr. BENTON said that the floor, and
had not given it up.
| Mr.. PHELPS then took his seat
The CHAIR remarked that, as there was nothing
before the Senate the Senator from Missouri could
not proceed unless by the consent of the body.
Mr.. BENTON would then, appeal to the indul-
gence of the Senate to permit him to proceed
The CHAIR asked whether such was the pleasure