The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-18

AFFAIRS IN WASnINGTON.

The message of the President of the United
States, in answer to the "call for the instruc-
tons and orders issued to Mr. Slidell, at any
time prior or subsequent to his departure for
Mexico as Plenipotentiary Of the United States
to that republic" moved by Mr.. Goggin in the
House OF Representatives, is to be discussed in
the House on Tuesday next, and will, from the
great Importance of the principle involved, give
rise to very Interesting debate. The Presldent
had subject to treat, afiording any man. how
ever distinguished already, an opportunity for
greater distinction; but he is incapable an we'll
OF making great argument upon II, of UNDER
standing It's importance. His positions are awk
wardy stated and ~reichedly argued and the
manner IN which he has quoted Washington's
message on an occasion In which the same min
clple was involved, has left him exposed TO the
recol OF the vote OF the House of Representa-
lives In reputation of the sentiments avowed
by that great man.
Without any reservation in the event of a COM
phance with the call being detrimental to the
public interests the House callod for the insruc-
tons TO Mr.. Sndell. There are two questions
involved-ihe eXpedlency OF a compliance with
the call--the right Of the House to make it. The
latter of these necessarily has precedence, as the
first is but secondary IN its nature.
The House is not II branch of the treaty max
ing power. Negotiations are entered into and
concluded without It's action or conc urrence In
il is vested, by the constitution, no power to
originate or to prevent, 10 interrupt or to hasten,
TdtIIy OF 10 treaties with fOrel
government. The treaty liking power is vested
in the President and Senate. There is clause
OF the constitution conferring on the House con-
troll over negotiations with foreign government,
either prospectlvely, during their progress, or
after their termination. But II is clear, that if
the House has right to demand that copies of
INSTRUCT ons and other transactions of a negotia-
ton be laid before 1t, which Is tanamount 10 an
order for their publication Can thereby control
the negotiation Itself, such abrupt and un-
seasonable publication would, in majority of
cases, be fatal To its success Therefore, the
House has ri sht TO call tor the apers consti-
tutlDg the secret history OF u negotiation.
This rule has one exception. Congress is
often called upon TO pass laws to give shape and
carry 1t into effect. The nee. ssily of The case
usage, and courtesy to the House OF Representa-
tlves, require that in such that body should
be put in pos essiOn OF all the information ne
cessory to Ii correct understanding OF what it is
call TO legIslate upon. 1t was this reservation
that was insisted upon by majority OF The House
of Repree entatives in 1875 The history OF that
vote Is as iollows:- Congress was called up
on TO pass law Carrying into effect jays
| treaty with Great Britain, and the House of
Representatives called Tor copy OF the ia-
structions, correspondence and other doc ume nts,
relative To The treaty lately cuded between the
| United States and Grea; BTitaln.'' Washington,
whom MIR Polk, III bad tis,e, styles " President
Washington" III refusing to comply wi ,h,his call
takes The position that "ne eLt OF the Hou OF
Represe ntalve not cessary the validity OF
treaty." denies "a right in the House to de.
mand ana 10 nave, as matter OF course, all the
papers respecting negotiation with foreign
power; and declares that the treaty wi.b
Great Britain exhibits IN itself all the obJs cts
curing legislative provisl. m" This last posi-
! ton involved denial OF the right Of the House
to go behind the lDstumt mt Of the treaty itse in
eglslating upon IT. majority of the House de.
| cldred against this postum. BY vote OF 81 to
35, on the 7th of April, 1885, that body resolved
that " the House OF Representatives do not claim
| any agency In making treaties but that when a
| treaty stipulates regulations on any OF the SUBJ
Jecls submitted by The constitution 10 the power
| OF Congress, II must depend tor Its execution as
| 10 such stlpulalOns on law or laws to be passed
| by Congress and II is the constitutional. right
aud duty OF tue House OF Representatives, in all
such cases, TO deliberate on The expt de ncv or
inexpediency OF carrying such treaty into effect,
and 10 determine and act thereon as, In their
| judgment, may be most conducive to the public
| good" IL was on this question that the House
| FIRST split into The two great parties that have
since divided the country. Among those voting
Tor the resolution, were Henry Dearborn, Albert
Galletin, Edward Livingston, Nathaniel Macon,
| and James Madison. The principle OF the reso-
| luton has since been asserted on the democratic
| side of the House, In the debate'on the Panama
| Mission, In 1928.
| In the case OF Jays treaty, to which have re-
TERED, the House did not call for The correspon-
| dence relative to il until after it had been con-
| cuded and ratified by the Senate, nor until the
House itself was called upon leg Islate upon ii
neither does the resolution have quoted, assert
a power in the House to call for papers relating
10 a naked treaty not requiring the action of that
BODY mucn less QOcS IL claim right 10 DE mana
the publication OF instructions to minister,
previous To the settle ment of questions he was
sent 10 adjust. In no instance In the history OF
| the government, has the existence OF this right
! in the House OF Representatives been authorIta-
lively asserted. In many Instances Its existence
| has been authoritatively denied.
la very few cases SIT expedent to publish a
| minister's instructions; publication OF Mr..
Siideli's instructions would be absolutely preju-
| dcia To the public interests. Ii would be dis
credlabe breach OF taih to publish the secret
| Transactions of most Of our gota,lons with
foreign powers There secrets on the re-
cords OF the State Department which, although
not involving anything absolutely dishonorable
to the parties, would, nevertheless, if revealed,
prove the rum of many a European minister.
Can call of the House Of Keprese natives be
suffered to drag those secrets from the quiet re-
pository TO which they have been consigned, by
the solemn pledges OF the representatives OF our
government abroad, that they should ever be kept
invioate The obligation to refrain from the
publication, letter for letter, and figure for figure,
of Mr.. Slldels instructions, Is equally great. as
their publication would be injurious 10 The lDte-
rests OF the country. The terms that gentleman
was authorized TO offer could not now be accept
ed by the United States, If offered by Mexico,
and The publication of them would be productive
OF aught but good results.
Thus the difficulty MIR. Slidell was sent to set
tie, not being adjusted and the House not being
called upon TO act upon any treaty resulting from
his instructions, and therefor having no proper
cognsance on the negotiation committed ~ him,
that body has no right to call for these instruc-
tons ; and their publication AT this time bang
calculated TO inJure the public interests, would
be lnexpedient.
The body of those instructions will, however,
in all probability, be soon published, (omlttng
the terms Mr. Sldell was authorized 10 ofer)
but not in compliance with the call OF the
House. GALvfENsIs.
WASHINGTON, Ian 16, 1913.
E,,o,po Nuuuinp I'm