The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-01-29


bate, and excited considerable feeling;
To the House Of Representatives.
0ftAs United Ststes:
have carefully considered the Resolution Of
the House Of Representatives Of the 4th inst
requesting the President 10 communicate any
instructions which may have been given TO any
of the officers OF the Army or Navy OF the UNI
ted States or other persons, in regard 10 the re-
turn of President Gen. Lopez de Santa ARna,
or any other Mexican TO the Republic Of Meki'
co, prior or subsequen 10 the order OF the fres'
ident or Secretary Of War, issued in January,
1886, for the march Of the army from the Nue.
ces across the stupendous deserts which inter.
vene the Rio Gran6e; that the dates Of all
such instructions, orders and correspondence
be set forth; together with the instructions and
orders issued TO Mr.. Slidell at any time prior or
subseq ent 70 his departure for Mexico as MIN
ister Pienipotentiary Of the United States TO the
Republic; and requesting the Preside nj also to
communicate all the orders and correspondence
Of the Government in relation TO the return Of
General Paroles.
Transmit herewith Reports from the Secre.
tary Of State, Secretary Of War, and the Sc
cretary Of the Navy, with the documents ac-
companying the same, which contain all the
information fthe Executive which Il Is deem
ed compatible with the public interests TO com
municate. For further information relating TO
the return Of Santa Anna, / refer to my annual
Message Of December sth, 1886. The facts and
considerations stated in that Message induced
the order Of the Secretary Of the Navy TO the
Commander Of the Squadron in the Gulf OF
Mexico, copy Of which is herewith communi-
Gated. This order was issued simultaneously
with the order to blockade the coasts of Mexico,
both bearing date the 18th Of May, 1886, the
dsy on which the existence Of the war with
Mexico was recognized by Congress 1t was
issued solely on the view Of policy presented
in that message, without any understanding on
the subject, direct or indirect, with Santa An
ma, or any other person.
Gen. Paroles evaded the vigilance Of our
combined forces by land and sea, and made his
way back TO Mexico from the exile into which
he had been driven, landing at Vera Cruz after
that city and the Castle Of San Juan o'Ulloa
were in our military occupation, as will appear
from the accompanying reports and documents.
The Resolution calls for instructions and or
oers issued 10 Mr.. Sidell long time prior or
subsequent TO his departure for Mexico as Min
ister OF the United States TO that Republic
The customary and usual reservation contained
in calls Of either House has been omitted in the
resolution before me.
The call Of the House is unconditional. Ii 10
that the information be made public, whether,
by the constitution with the duty of conducting
foreign negotiations, such information when
disclosed would be Prejudicisl to the public in
terest or not. IL has been a subject Of serious
elaboration with me whether l could, conss-
Ienuy with my constitutional duty and my
sense Of the public interests involved and TO be
affected BY il, violate an important principle,
always heretofore held sacred by my Predeces-
sOrs, as I should do by q compliance with the
request OF the House. President Washington,
ia a message to the House Of Representatives Of
the Both Of March, 1896, declined to comply
with a request contained in a resolution Of that
body 10 law before them a copy of the instruc-
tons Of the Ministers Of the nited States who
negotiated the treaty with the King Of Great
Britain, together with the correspondence and
other documents relative 10 the saia treaty, eK-
cepting such Of said papers any existing ne
gotistiOn may render improper 70 be disclosed.
In assigning his reasons Tor declining 10 comply
with the call, be declared that " the nature OF
foreign negotiations requires caution, and that
success must often depend upon secrecy, and
even when brought to a conclusion, a full DIS
clOssrs OF all The measures, demands, and even
tusl concessions which may have been proposed
or contemplated, would be extremely inPolItic;
for this might have PerniciOus influence on
future negotiations, or produce immediate in
conveniences; perhaps danger and mischief in
relation TO other powers. The necessity Of such
caution and secrecy was one cogent reason for
vesting the power of making treaties in the
President with the advice aud consent Of the
Senate; the principle on which that body was
formed confning il to a small number Of MEM
bers. To admit then a right in the House OF
Represe natives to demand and to have, as a
matter Of cOusse, all the papers respecting ne
gotiation with a foreign power, would be to es-
Iablish a dangerous precedent
In that case the instructions and documents
called for related TO a treaty which had been
concluded and ratified by the President and
Senate, and the negotiations in relation 10 IL
had been terminated. Here was an express
reservation too, excepting" from the call for
all such papers as related to any existing ne
EQUATIONS which il might be improper TO dis
close.
In that case Gen. Washington deemed il to
be violation Of an important principle, the es
Of dangerous precedent, and pre-
judicial to the public interests 10 comply with
the call OF the House.
Without deemng il to be necessary 10 exam
inc or .cide upon the other reasons assig led
BY him for hIs refusal to commu nieste the in
formation requested by the House, the one
which is herein reciteo is in my judgment con-
elusive in the case under consideration.
Indeed the objections TO complying with the
ton before me, are much stronger than those
which existed in the case Of the resolution in
1896. This resolution calls for the "instruc-
tons and orders" 10 the Minister Of the Y nited
States TO Mexico, which relate to negotiations
which have not been terminated. and which
may be resumed.
The information called for respects Degotis-
tons which the United States offered to open
with Mexico, Immediately preceding the COM
me ncemeut Of the existing war. The instruc-
tons given to the Minister Of the nIseo States,
relate 10 the differences between the two coun-
tries, out Of which the war grew, and the terms
Of adjustment, which we were prepared to offer
10 Mexico, 10 our anxiety to prevent the war.
These difficulties still remain unsettled, and
10 comply with the call Of the House, would be
10 make public through that channel, and TO |
to Mexico, now a public enemy, |
engaged IN war, information which could not |
all TO produce serious embarrsssnents IN any |
-uture negotiations between the two countries.
/ have therefore communicated to Congress
M the correspondence Of the Minister Of the
nited States to Mexico, which in the existing /
tate Of our relations with that Republic can, in
nv judgment, be at this time communicated
Without serious injury to the public interest
Entertaining this conviction, and with 4 sim
ere desire 10 furnish any information which
nav b. 10 possession Of the Executive Depart
nent, and which either House Of Congress may
1 any time request, regard il TO be my consti-
utional right and my solemn duty, under the
circumstances Of this case, to decline a compli-
nee with the request Of the House contained in
heir resolution. JAMES X. POLK.
While President Folks Message declining to
to the House Of Representatives
ertain documents that had been called for,
ouching the return Of Santa Anna to Mexico,