The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-01-13

long il would be before would leak out Even treaty
before the Senate could not be kept secreat least had
been done heretofore; and he minated that such
would be the in the House. unless they were Kept
all the time in executive session. II such not the
case II would certainly be singular occurrence and
entirely without precedent To-.
Mr. TOOMBS would prefer a select committee; but
not enjoying the advantage of the gentleman from ala,
bama mir HousroSl and his friends-the advantage oil
of reading the message before came into the House
his attention had not been fully directed to me points
discussed in it. The question was not whether the
President, -tnder the circumstances explained, might
not withhold such papers be lodged IN his hands
but the question was, whether the present was one oil
those cases The question depended wholly upon lha'
fact Because the power to withhold, in certain cases
was lodged with the President it did not follow that he
has the right to withhold information, for the purpose OF
covering himself therein The subject ought TO be refer
red to- select committee, that the House might know the
facts The great question was, whether the public /
interest did not demand that these attempts at peace
fore the country The, question argued, he contended,
not the question Mr. T concluded by demanding the
Mr. c. J. INGERS0LL, who sand this was a subject of
real Importance and the frs. thing necessary TO be done IN
considering it, was TO put the House in possession of what
did the occasion which the President had refer
red to, during Gen Washington's administration. He
would read from Chief Justice Marshas Life OF Wash
ngton what he says in relation TO that passage OF history
The passages which he would read were from the nth
volume OF the work.
Mr. |. here commenced the reading OF passage when
several members requested that the same should be eai
from the Clerks desk Mr. | declined sending the book
to the Clerk as he wished to comment on what he read
but he said he had objection read from the Clerks
tables which he accordingly did
MIR. proceeded to read the following passage from
Chief Justice Marshalls Life OF Washngton
This dissatisfaction was not concealed On the I'd
March, Mr. Livingston, after stating that the treaty lately
negotiated with Great Britain give rise several
poran and constitutional questions, laid upon the table "A
copy Of the instructions the minister OF the United
States, who negotiated the with tie King OF Great
Britain COMMUNICATED by his lessaSe of tie LIST Of March,
together with the correspondence and other documents rel
atve to said treaty.
/ On tb. he bv ding
the words excepting such Of the said papers az any eY
,es sSac nay Md Ss the
amendment of Mr. Livingston, to except such papers
the of is tue Uned at pS this dsS
disclose. This proposition rejected by majority OF
was resumed The debate soon glded into argument
on the na5,s h"a sJ,fS Of NE ae
| Mr. INGERSOLL com mented upon this passage as he
read It, On the I'd of March the resolution was offered
by Mr.. Livngston-the same gentleman who was subse-
mover of the resolution ad led the words excep such of
the said papers as any existing negotiation may render
improper to be disclosed" So much was conceded by
the and by the House the time but Immediately
following find the high authority of Mr. Madison.
He proposed modification of the resolution, so as TO
except such papers in the Judgment OF the President
States at this time to disclose" Judge Marshall followed
the above passage with summary of the arguments
used in the debate, which he would omit The Judge
then added the following remarks on the subject:
1.-The situation in which this vote placed the Executive
was peculiarly delicate. In an elective government, the
is all times of serious magnitude but it is particularly
when the passions of the public have been strongly and
whole Of society The popularity of demand for nioma-
tion,the large majority by which IN the present instance
refusal to comply with would give suspicious already
nsnuated that circumstances had occurred in the nego,'a
ton which the administration dared not expose and that
the President Separating himself from HE representa-
ves Of The psGH%shed movs net Ssd S es PC
But these considerations were opposed by others, which,
bubble favor by haHardna its loss possess an irresistible
influence mind resolved pursue steadily the path
T2a, s future dpoao of the
nigh, be seriously and peTanenty affected oy es
could demand right the Instructions given to foreign
minister and all the papers connected S with negotiation a
tai II ssa0shos ts prineps The form OF, Of the ,s re-
conclusion 1t left nothing to the discretion Of Ee pesi
ton asked for the avowed purpose OF determining
whether the House of would give effect TO
public y."-MurshaAs Life Of Washington, p 652,
Thus, sir, (said Mr. INGERsoLL,) have the author
ity of Mr. Lvingstonwho is entitled 10 be considered
rs authority-and the high authority OF MIR. Mad
ison and Chief Justice Marshall This very grave
and somewhat doubtful question. He could not hear
very distinctly what fell from the venerable gentleman
from Massachusetts, EMr. j. q. ADAMs] on this subject,
whose authority derived from long experience, was to
be regarded
Butt after adding to the authority which the President
opinions of General Washington were supported by those
OF Mr.. Madison and Chief Justice Marshal-he must be
suffered to suggest that there difference between
the past and the present occasions. 1t must be remem
bered that, the former instance General Washington
referred to past negotiation, while President Polk res
ferred to present future negotiation The gen
teman from Alabama Mr.. GEORGE 5. HoUsToN] was
very correct in his views, but did not hall so far as he
might. The difference between the two was i'm
mense especially if we consider that one was case
relating to peace and the other to war Sn the case OF
MIR. jays treaty, the question important; but IN
question of peace and between two nations, il be-
came of vastly greater importance He would concete
that this House had the right in many cases, to insist
upon information but there was large class OF cases
relating questions connected with foreign affairs
in which it would be inconsistent with the public inter
ess to promugate such information as might be called
for The general practice of this House had recognised
this distinction Two sessions ago, the venerable gen
House, that while he i'll the administration, no
full account was ever rendered OF the expenditure OF
the secret-servce money; and he stated that the pur
poses for which the money was used IN
his own administration had never been made known to
that day When he (Nlr INGERsoLL) had made call
for information TO what had been done with secret
service money during the late administration, the inor
nation refused. 1t had been remarked, on the
other side that must know what hal been done in this
negotiation before we could act But he Mr. ~ would
saw that the President be the exclusive Judge TO
the propriey of communicating the information called
for If the President abused his trust, this House
held the great power of impeachment as rem
edy The only thing the House could do would be
to resort to impeachment The remedy was IN our
own hands; and if believed that the President had
1 IL I'D