Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-01-18

The correspondence and other documents relative
10 said treaty."
son the 7ih March he amended this resolu-
lion by adding The words, "e1cepllng such oil 'ne
said pa pers as any existing negotiation may rem
der improper to be disclosed" After some de-
bate, Mr.. Madison proposed 10 modify the amend
menl of Mr. Livingston, SO as to excePI such
pal as, in the judgmen; OF the President, IL
might be inconsistent with The interest oil the U.
States al this time 10 disclose. This proposition
was rejected by majority Of ten voices, and the
discussion of The original resolution was resum-
I'D. The debate soon glided into an argument
on the nature and extent of The treaty making
powel"-f MayshatPs Lsfe of " Shinston, chap
8, p 65l4.
MIR. Iugersol commented upon this passage as
he read il. On The 2d Of March The resolution
was offered by Mr. Livingston-the same gen.
,leman who was subsequen y Secretary OF Stale.
On the TN of March, the mover OF the resolution
added the words "excep; such of the said papers
as any existing negotiation may render lmpro-
per 10 be disclosed. So much was conceded by
The mover and by the House al The time; but I'M.
medialely following, we find the high authority OF
Mr. Madison. He proposed modiiicailon OF
the resolution, So as 10 'except such papers AS,
in The Judgment of the President, it might be in.
consistent with the interest OF The United States
al this time 10 disclose" Judge Marshall follow
ed The above passage with summary 81 lie ar
gumenis used in he debate, which he would omit
The Judge then added The following remarks On
the suljecl:
The situation in which this vote placed the
Executive was peculiarly delicate. In an e'cc-
live government the difficulty OF resisting The po-
pular branch OF the legislature is al all times OF
serious magnitude; but i, is particularly so when
the passions OF The public have been strongly and
generally excited by exerlions which have per-
vaded the whole of society. The popularity OF a
demand for intormalion-thc large majority by
which, in the present instance, mat demand was
supporled-the additional force which refusal
TO comply with il would give 10 suspicious alrea.
DIV insinua,ed, that circumstances had occurred
in the negotiation which the administration dared
not expose and thai The President was separating
himself from The representatives OF the people
furnished motives, not likely 10 be overrued, lor
Welding TO the request which had been made.
"Bul these considerations we're opposed by olh-
crs which, though less operative with men who
fea TO deserve The public favor by haaarding lis
loss. rossess an irresistible influence over mind
resolved to pursue steadily the path OF duty, how
ever il may abound with thorns.
"That The future diplomatic transactions OF the
government might be seriously and permanently
affected by establishing the principle that The
RICH! the instructions given 10 foreign minister,
and all the papers connected with negotiation,
was too apparent 10 be unobserved. Nor was II
less obvious that a compliance with the request
now made would 60 far in establishing this prIn-
cipe. The form of the request, and line motives
which induced it, equally led 10 This conclusion
1t en nothing 10 the discretion OF the President
with regard 10 the public interests and the inlor-
nation was asked for The avowed purpose oil de-
ermining whether the House Of Representatives
would give effect 10 public treaty. NarshaRs
Lite of Washington, p 652 653, 654.
Thus, sir, (said Mr.. lnsersoll,) We have The
authority of Mr. LiviDg>ton-wh is entitled 10
be considered as some auhority-and he high au-
lhority of Mr. Madison and Chief Justice Mar
shall This was very grave and somewhat
doubtful question. He could not hear very dis
timely what fell from the venerable gentleman
from Massachusetts (Mr. J. q Adams) on this
subject whose authority, as derived from long ex-
perence, was TO be regarded.
But. after adding 10 The authority which The
President had adduced in his message-and after
showing lha the opinions ut General Washing.
ION were supported by those OF Mr. Madison and
Chief Justice Marshall-he must be suffered TO
suggest that there was difference between the
past and line present occasions. II must be re-
membered that, in the former instance, General
w
President Polk referred 10 present or future
negotiation. The gentleman from Alabama (Mr.
George S. Hous,on) was very correct in his
views, but did mol 60 halt so far as ne might
The difference between the Two cases was i'm
mense; especialiY il we consider that one was a
case relating TO peace, and the other TO war. In
the case OF MIR. Jays treaty, The question was I'm
porlant; but in question oil peace ana war De-
tween Two nations, il became OF vastly greater
importance lie would concede that this House
had The right, in many cases, 10 insist upon inlor'
nation; but there was large class OF cases, re-
laiine 10 questions connected with our foreign al
fairs in which it would be inconsistent win inc
public interests 10 promulsaic such information
as might be called for The general pracuce OF
This House had recognised this distinction Two
sessions ago, the venerable gentleman from
Massachusetts, (Mr. Adams) stated in This House,
that while he was in the administration, no
full account was ever rendered OF the eIPendl-
lure Of the secrel-seTvice money aud he stalled
that the purposes Tor which The secre-servce mo-
ney was ustd in his own administration had ne.
YER been made known to that day. When he
(Mr. lngeIsoil) hal made call Tor information
as to what had been done with secret-servlce mo-
new during the la!e administration, the iniorma-
ton was refused. Ii had been remarked, on The
other side, that we must know what had been
he (Mr. | J would say, that The President must
be The exclusive Judge as TO the proprety ofcom-
municaling the information called for. II the
President abused his trust, this House held the
great power OF Impeachment as remedy. The
only thing the House could do, would be 10 resort
10 an impeachment The remedy was in our
own hands; and if we believed that the Presi-
den, had kept something back that he dared not
disclose, we could send for him, and bring ari-
ces OF impeachment against him. The Presl-
dent could not be dictated 10. We could order
him 10 send US the information called lor-we
could not force il from him; but ii he abused
his power, there was constitutional remedy.
The gentleman from Ohio (Mr. Schenck) had
said that there were two hundred members mere
who had a right to judie upon the expectancy OF
making public this information. But their num-
Der (Mr J. sadly was the very reason why they
ought no! to Judge in this matter. These negota'
lions were necessarily confined 10 two or three
persons. They were not made known even 10 the
Senate.
II was because Of the numbers Of this House
that they ought not 10 be made the judges as 10 The
pfoprietv OF FORMULATING facts connected with
our negotiations. The gentleman from Ohio
said that the President is a monarch, and that we
here are his humble subjects. But the question
was, whether Inc President was right or wrong in
his view of his constitutional duyf lie could
not be commanded 10 send US what we called for
Why MIR. |. asked should this message be re-.
ferred to The commiuee on Foreign AffaiTsa
VIVA, had the subject to do with foreign atfairs2
Refer it, If you like, TO the Judiciary Committee,
or to a select committee. 1t is question OF con-
,lituliona law. The gentleman from Massachu-
sets (Mr. Adams) says that the President has no
right TO withhold The correspondence and docu-
men,s called for; butlhe President was supported,
in his course, by very high authorities. He (Mr
j. should move that The message be referred 10
the committee of the Whole on The state of The
Union. This was done in The former instance
and l. ought TO be done now. What could The
committee on Foreign Affairs door any COM
miuee, standing or select do-e1cept TO make a
report? There would be a majority report and
minority report, and majority speeches and mi
nority speeches This was case in which every
ran in The House ought 10 be heard.
n IL. I