Weekly national intelligencer., 1848-01-15

ing to the argument Of the gentleman from Ohio (Mr
scHEScK disposed to be destructive Of the rights of In
House OF Representatives, and unwilling to confde then
the secrets Of the Government In the denuncaons Of th
gentleman from Ohio included only Presidents Mon
and Jackson, but President Washington and If he mis-
took not the gentleman from Massachusetts Mr. ADAMs) also
Mr.. BARklNGER desired to ask the gentleman from Ala
hama whether, IN all the cited the resolutions caln
for information did expressly qualify the call by word
which gave the President discretion in determining whethe
their communication would be consistent with the public in
terest
i Mr.. G. 8. HOUSTON replied in the negative. He ha,
communicated resolution the House of different char
acter. With respect to the call President Washington
he would say that the resolution which terminated in cal
discussed in the House of Rep esenves for many DAYS
was referred to the Committee of the Whole the state
the unlon and there long debated after that Pres
dent Washington refused TO comply with il.
de did not know that there thing further that he
could say that would throw any light the subject He
would only add that far the present message con-
cened there was ample authority to sustain it. Presiden
Polk could enench himself behind the authority of Washing
tom and Monroe and Jackson without going into examna
ton Of the messages Of others Negotiations with Mexico
were still an open question The difficulties between the two
Republics must necessarily be of negotiation IT,
then, the instructions 10 Minister published, they
would be known to the world and might embarass negoa.
tons was well known gentlemen that when Ministers
were sentofoegn Governments they often given them
discretion they could obtain object accept another
he did not know that that the this instance but
u 1t were he asked the House if would be proper this
time to publish such instructions the world If those in
sucons were produced here they would very find their
way into the newspapers Even treaties conded the Sc
nate they had not been able keep secret for most ex-
raordnay and unprecedented manner they had obtained
publicity while under consideration in Executive session.
What, them would be the fact here
Mr. TOOMBS desired to this matter referred to some
committee but not having had the opportunity which his
friend from Alabama hsd had examine it. he was not sats-
fled what that committee should be.
Mr.. HOUSTON understood 10 dsclaim having
had any opportunities consider this subject which we're not
ntha htf ha
the Reporters desk,
Mr.. TOOMBS had only to remark that the question now
was not whether the President of the United States may not
under certain circumstances withhold information whose pub
cahon would be inconsistent with the public service for such
power must be lodged there but the question was whether
this such The decision of the House must de-
pend that fact because though the President may in
tain circumstances withhold documents from the two Houses
OF Congress- did not follow that he could capcousy do
so whenever he chooses This message should therefore 60
to some committee-eher special committee the Commit
tee on Foreign Aiars-or examination. He was free to
confess he repeated, that the power existed to withhold in
formation when the public interests would be injured by its
publications but the question whether all the diplomacy
and all the instructions connected with this subject ought not
to be laid before the country authorities which had been
read by the gentleman from Alabama german to
the questions for disputes that under some ccum
stances information may be withheld Whether the Presi-
dent justified in the he had pursued would he the
subject Of inquiry by committee and therefore he moved
the previous question.
Mr.. G. J. INGERSOLL begged the gentleman from Geor-
ga 10 withdraw that motion enable him 10 make an ex-
PLANTATION. Mr.. TOOMBS assented.
MIR. o. J. lNGERSOLL then begged, In the first place.
put the House in possession of what really did
time referred to by the gentleman from Alabama. He held
in bis hand the life of Gen. Washington by Marshall from
which he would read few passages.
Phe honorable gentleman read largely from Marshas Life
OF ashngton to show that the authority of Washington
and OF Livingston gentleman who entitled great
ground here assumed asserted
There was the authority of Mr. Madison, Mr. Livingston,
and Mr. Marshall which, say the least of it, very great
authority He had not been able to hear what had fallen
from the gentleman from Massachusetts, which much to
be regretted that genemans great familiarity with the
SUBJECT and his great experience oil calculated give
whatever he said great weight the minds of members Of
this House But, without knowing what that gentleman did
after having presented great authorities he desired
submit to the House, with great Difference brief
tncon, shown by the gentleman from Alabama, which
must be obvious to every mnd between the past and the
present must be remembered that President Washington
called upon exhibit his past instructions whereas Mr.
Polk called upon 10 communicate those which relate TO
the present the future. And surely ia this must he seen
striking difference, shown by the gentleman from
Alabama though that gentleman did go half far enough
In the case Of peace and in the other OF
war. He prepared to concede the gentleman from
Georgia (Mr TooMBs that part Of the argument was cor
rect This House had the right and ii exercise the
right many great OCCASIONS insist having communion
ons from the President but il would not be denied that
there also large class Of in which the President
was empowered TO withhold information. In addition
which had been gyeD they all would recoec the time
when the gentleman from Massachusetts, standing in his place
IN this House. told them that large portion Of the
money under his administration had been disposed Of
but to that hour it had not been made known how This
was common every day thing. And who in such
was 10 be the Judge of the proprety Of making the commun
cations. The President the judge And If the President
exercised his discretion improperly what remedy had this
House This House had the power TO impeach him, and
that all il could do.
But word respecting the argument of the gentle
nan from Ohio, (Mr. ScHEScK) That gentleman said here
hundred gentlemen who oil capable also Of
Judging of this Why, that the very why
should often he withheld No better reason could
given than that furnished by the argument Of the gentle
from Ohio Even smaller body the other end OF this
Capitol could not keep from the public information privately
,onfded TO It, How, then, could private instructions be
rety communicated TO body large this without dan
yer Of being disclosed But the gentleman from Ohio in
Of what he supposed coquence had minated that
he President monarch, and that they were there
cue his behess Now, in his judgment, the question
whether the President right wrong II the President
vas right, il monarchical power. II power
which, in the Of things, must be lodged in somebody
Why, them should this go the Committee on Foreign AZ
airs He really could not what that committee had TO do
with it, Il was, If any thing, great question Of constitu
iona law and, il necessary commit H. IL should be
committed to the Committee on the Judiciary or select
committee. Il assuredy subject which belonged
hc Committee on Foreign Affairs Tho President certainly
fortified in his position by the opinions cf many great
He knew IL Il would be In order 10 to refer
this subject TO the Committee Of the Whole II were, he
would make that motion before he down for what could
any standing committee do but make maiorty ald minority