The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-01-17


thereon their Judgment may be conducive to the
ID. Rsolped That it is necessary the proprely of
Information desired by them, and which relate 10 any
constitutional functions of the House that the purposes for
which such information may be wanted, or TO which the
may be applied should be stated IN the application
Which agreed to by the House OF Representatives
by vote of 81 to 35.
Il will be observed that the first of these last resolutions
embraces the subect-matter OF both of those which had
been referred to the committee only more In detail The
second is new resolution, originating in committee and
intended response TO paragraph in President wash
lnStons message, which says
" does not that the inspection of the papers asked
for can be relative TO any purpose under the OF
ment; which the resolution has not expressed
Now, sir; wish the House to bear in mind the point in
ISSUE as well as the precise terms Of al Of the resolutions
which have read. No who will do can fail to
agree with in the fact that neither of The four esolu
tons has attempted to dispute, in any manner contro
vert the power claimed and exercised by President a
declare against him, admit other points OF the con-
troyersy. They deny (and think very properly dsny)
very properly asser The power and right Of the House Of
Representatives other points presented in his
but so far as can nd does the House deny
either express terms otherwise the power and the
right of the President TO refuse the papers demanded
But sir the legislative history of this question does not
end here The message of the President of the United
in the Committee Of the Whole on the state Of the Union,
where they had been committed on the st of March,
1896 | speak OF the message transmitting to the
House copy Of the treaty, which required the legsa-
ton OF Congress carry out and enforce its provisions
On the 18th OF April that committee reported three resoiu
tons to the House. declaring expedentto pass laws to
nothing, however, in either of them, about the treaty
with Great Britain which had excited so much and such
bitter feelings, not only in the House OF Representatives
but in the whole country Those resolutions being pass
ed upon by the House, another was moved in that
body, (not by the commttee,) with preamble; to
which propose calling attention: 4
'The House having taken into consideration the treaty
of amy, commences and navigation between the United
States and Great Britain comm9nicated by the resident
his message on the LIST day o. March last are 10, OF opnon
of the United States YET were they possessed OF any nor
nation which could Justify the great sacrifices contained
amcabe intercourse with all nations and their earnest
spbsns the United States and Great
Britain, might have induced them to waive their objections
Great Brtain in pursuing since the treaty signed
the mpressment Of American seamen and the seizure OF
cIeares rights Of neutral naonswhe,he this be viewed
the construction meant to be given to any articles IN the
meaning and spirit tereo~the House cannot but regard
incumbent them in fidelity to the trust rePosed IN
present. any active measures the subject, Therefore,
Roipca, That under the circumstances aforesaid, and
peden this time in passing the laws necessa-
ry to carry the said treaty into effect"
Here Mr. Speaker is direct proposition to refuse or
suspend legislation in favor of that treaty. for the reasons
set forth in the preamble This preamble and resolution
were also committed to the Committee of the Whole
House the state of the Union; and, on the goth OF
April that committee reported this resolution
'Resolusd, As the opinion Of this committee that it is
expccn pass the laws necessary for carrying into effect
the treaty lately negotiated between the United States and
which, after an unsuccessful effort to prefix to it
preamble, agreed to, and, in accordance with 1t,
into effect the provisions of the treaty
In this narrative may have LETT out something neces-
sary to be stated il it is not Intentional So, sir
instead Of It being true the House of Representatives
declared against President Washington for refusing to
send the papers called for by the resolution OF that body
or that particular point If the House had intended to
controver deny that power it is but fair and reasona
BILE to suppose, it would have done SO in direct terms
against other powers which the President had con-
tended for, by large majority, leaving this one un-
touched and unnotced l contend tn then, .nar 'ne
the President, at a time when 1t was controverhng
and declaring against other powers commended for In the
message IS and should De egardea Py all
power question. might even go further, and, IN cor
roboration of this argument, show not only that the
House acquesced stated, but also that when direct
proposition made to refuse action for want OF the
information sought by the original resolution, that also
failed to be adopted and the House. after much debate
and without further additional information from the
President passed bill TO give effect to the treaty
The case cited OF President Washington went much
further than this that was call for papers relating
provisions made public 1t then ESQ far as could be
made by the treaty making powe the settled agree
between the parties; and to push the instructions
and correspondence which had led to it, could not fairly
be supposed to change endanger any OF its articles or
provisions To have published them while negotiations
were pending would have been very different Then, the
treaty itself might have been defeated, made greatly
worse for the naton the instructions to whose represent
alive had thus been published to the adversary In the
before U.S. the controversy yet gong on the ques
ton yet open and subject to negotiation and settle
men and we are have peace with Mexico by treaty
at ALL most certainly will it be preceded by negotiations
strucons should be made known to them, they would
agree do better than to give the lowest point
named in them, and which probably was put very low,
with view to avoid war; speak OF the lowest point
that know anything of their contents for do not
but it is to suppose the instructions to
contain greater and lesser demand. In the case OF
President Washington, the treaty had not only been ah
fled and published but it had been sent to the House OF
Representatives for legsatIon that body was called
upon to pass It's 'money bills, and do other things to
give force the provisions of the treaty In some points
the treaty Objectionable to majority OF the House;
many believed the honor of the nation, as well as the
rights of the citizens had been compromtted hence the
call made for the instructions and correspondence
Under these circumstances, most of would deem the
call at least reasonable one; but the President who
was by the constitution, charged with this subject be-
eving publication of the papers would seriously nlure
the interest of the United States, declined to furnish
them DO gentlemen doubt his constitutional right so to
refuse Who had the right and whose duty was it to
Judge of the propriety of their pubhcaton-the Prcs
dent, who familiar with their contents, or the mem
bers of the House, who had knowledge OF what they
contained This power must necessarily rest some
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