The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1844-01-10

4 effect and character Looking at it without regard
to the Executive bearing of it, il is certainly free
from objection. II was drawn in pursuance OF usage
and practice IN the legislative intercourse between
the President and this body. A precautionary clause
was introduced, SO as to prevent any evil from fol-
lowing The call Tor Information III any evil was
likely to ensue, tile President could withhold the in.
formation; but u not, it could readily be seen that
he obJectof obtaining the instructions was highly
important to their Legislation on the bill before them
II the call was with view solely to The pending ne
collation., then we could not call for the information
except IN our Executive capac ty He himself would
not vote Tor The resolution il called for information
Tor any other than legislative purposes Ii it was re-
fused we mightthen call for il in Executive session
lie believed that the Senate was to be consulted in
/ regard to treaties.
Mr.. MOREHEAD said, when this question was
before the Senate the other day. it struck him that il
4 negotiation was pending, there might be some I'M
propriry in the adoption OF this resolution and inter
ierlng with the negotiation by calling for informa
ton as to its condition. He entertained great doubt.
whether II would be useful proper thus to arrest
4 pending negotiation.
5ncoDsegQs ofts ton laid before the Sen
ate by the Senator from Virginia, (Mr. Arcner) We
were now told that arrangements were made to trans
Ter the negotiation to the capital Of the United States
mat being the state of the case it became us now
not SO 10 legslae as to imply any opposition to the
negotiation to be carried on at this place and
there was no necessity for the adoption of the resou-
ton In this state of the matter and there was nothing
mat the resolution could apply to warrant it, there
nad oeen no negotiation as yet Why should we
adopt it-irom what views Of policy? IL the nego-
tlatlon had been broken off Mr. Archer here said, it
had never been commenced there could be no infor-
nation that 1t was desirable to obtain. In one as
pect oil the question there no necessity for call
ing on the President for instructions that had been
| WhoHy lnelncaclous and, IN another it would be
improper thus to express any dstrus of the ability or
hdellty OF the President in the management Of the
n gotatlon now 10 be commenced He was happy to
learn from the Senator from Ohio that he Gid not
wish imply any bad motive on the part of the Pre-
sldent Mr.. M. had no doubt that the President had
proper regard for the dignity and honor of the
try, and he was reluctant to take any course that
would imply doubt. The Senator from Ohio says
that, If we refuse to pass this resolution, we shall
condemn the course of the Senators who passed the
Oregon bill last session No sir said Mr.. M did not
understand that bill TO be belligerent measure. If
had should not have given ii my vote. But sup
ported as comfortable TO the proyis of the
venon of 1918, as continued by the convention Of
1927, and as perpetuating the relations which
have existed under those conventions. / viewed the
bill as entirely pacific, and no reason why we
should not pursue this course now.
Let the President Of the United States pursue his
negotiations and let US legslate, if we choose in such
manner as topreserve the same attitude which we
hold under the existing treaties. Any course tend
He was not sensitive to the declarations of gentle
men in Parliament as the Senator from Ohio would
have us TO be. Lord Palmerston was an opponent oil
the administration, and he had thrown out these
marks as reproach on the policy Of the Ministerial
party The remarks were not entitled TO any infu-
ence authority. declaration of Senator Of the
United Sites would not in his opinion, be taken as
authority by another Government The declarations
of Lord Palmerston would not have the influence on
him th.t they appeared TO have had on the Senator
/ from Ohio
Mr.. BERRIEN said the resolution was more proper
! for discussion ia Executive session than here The
presumption was from the state OF the case that the
instructions given and the correspondence which had
ensued would not aid an legislation, and they could
be- more properly asked for III our Executive cnpaci-
ly. The case was ihatwe proposed 10 negotiate on
the subject the British Government declined a
COLLATION. there, aud proposed 10 make the subject
one-of negotiation here, and bad sent Minister spe-
cialiy charged with the matter In this state of
things, proposed a legislative act which would ex-
ercise an Injurious effect on the negotiation On the
eve Of an expected negotiation we propose 10 send
for the Instructions gave Thus, the other party
would have the benefit Of knowing all private in
struclions TO our Minister while We remained in per-
feet ignorance Of the instructions from the Govern.
ment Of Great Britain. We would show own
hands and not see the hand of cur adversary.
Mr.. BENTON said, IN the early period Of our
Government the President came into the Senate, but
finding II inconyenient, he communicated his views
I
Washington, without disseminating the practice Of
advising and consulting with the Senate. lie cited
instances in which the Senate advised that steps be
taken for The settlement Of disputes in resp ct 10 the
northeastern boundary line. The President did con-
suit the Senate in writing as to the negotiation Of
treaties; but II had been long since the Senate had
been consulted on these subjects. If they had been
he would yentureto fay that the treaties lately form
ed would have been more satisfactory 10 the Senate
and to the country
Mr. ALLEN said there seemed 10 be now some
objection TO the resolution on the ground that II be
longed to the Senate in its executive character but
the subject Of q double aspect looking both TO
legislation and 10 the action Of the Senate in IFS eN
ecutive character. IL important, he thought
that the Senate 10 is legislative character should be
advised of the condition Of The negotiation. The
question is barely submitted TO the President 10 de-
eide whether II compatible with the interests Of
the country to publish this correspondence or not
Let gentlemen who place so much confidence in the
Presidents discretion in the management OF an i'm
porian treaty, say why he cannot be trusted TO Judge
Of the propriety Of publishing this correspondence.
What harm would the call do, when the President
could withhold the information if he thought propcri
The President knows what Steps have been taken on
al sides and he can say that he deems il ncompa.
bic with the public interests TO send US the niorma-
ton No one can decide The question Of proprety
but the President himself. Il was very true, as the
Senator from Georgia said, that might show our
hands by the exposition OF the instructions given TO
our Minister, WINE we were ignorant OF e lnstruc-
tons given the other side and for this very rea.
the resolution guarded as TO render It inn
possible for the President to expose the state Of facts
relative 10 the negotaton unless he finds II proper
and expedient We wish to know whether, as the
British Minister has sad the President has put il out
Of his power TO sign a bill which is now be ore Con-
gress Tor It's action. lie is in situation 10 enable
him TO judge Of the proper form of giving the inior-
nation.
] Mr.. ARCHER said the effect of the resolution
would be TO bring out the instructions given by our
! Government 10 our Minister that was the only
step taken. The only effect, as the gentleman from
/ Georgia had said, would be TO show own hands,
without disclosing those Of our adversary But, sir,
the debate has disclosed doctrines here's Of far more
importance than any Thing involved in the resolution
/ The Senators from Missouri aud Ohio advance the
doctrine that the Senate have equal right with The.
President TO influence the actual progress of negoa-
/ tons What then, becomes Of the treaty making
t...lt a..