MARCH, 1829.] Documents-Panama Mission. [SENATE. the force of the objection urged by the Senator | fore, that, in relation to facts disclosed with all from South Carolina. A pervading error ran the forms of a public proceeding in an open through his whole argument. The Senator as- session of Congress, either this or any other sumes the contents of the papers to be such as branch of the Government had interposed to to render their publication improper. The ob- lay its hands on the materials by which those vious answer to this was that the constitution facts were to be acquired, and shut them up in had made the President the judge of that mat- a committee room? and this, too, for the ter: it gave to him the power to divulge to avowed purpose of concealing their existence? Congress, and to the public, what, on his re- How, he asked, does this course compare sponsibility, he might think it safe and proper with that of the Senate when the Panama misto communicate. It did not give to the Senate sion was advised? The majority of that day an appellate power over his judgment. The did not hesitate to give to the people all the Senate was no more the constitutional guardian facts before them. No one resisted it. The of the President than of the House of Repre- mission had been determined on, and whether sentatives. But this doctrine, practically car- the documents were published or no, the Minried out, would make it the guardian of both. isters would be sent out. But the question had When the President sends a message to the excited public interest, and the nation had a House, we are first to examine whether it is just claim to all the information which would discreet in him to send it; and this kindly of- enable them to judge whether the policy was fice being performed to him, we are then to as- wise. Did we meet the demand to publish, by certain whether it is discreet to allow the asking if gentlemen intended to perpetuate acHouse to receive his Message. Sir, if such rimonious feelings? By adverting to the danpowers be assumed by the Senate, who is to ger of exposing our notions of the course of assign limit to them? What becomes of the policy to be pursued to these nations? By co-ordinate branches of your Government? suggesting the necessity of employing the agenWhat becomes of the constitution? The Sen- cy of a committee to send out an "antidote ate will be your Government, and all other de- with the bane?" As if we feared to trust the partments its dependents. honesty or the intelligence of the American public. No, sir, all the documents we had were published, and thousands of copies dispersed over the whole surface of this Union; and all the labored arguments of our opponents accompanied them. Now we ask the same justice, and our case is a much stronger one. What we have published is a part only, and we ask to publish the remaining part, which is necessary to a right understanding of the whole. What is published was the groundwork against which was levelled all the predictions of excited apprehension. Now we ask you not to conceal from the public eye the finished and completed superstructure. These documents do not belong to you alone. They are equally the property of the other House; and they are now made public; and, therefore, their contents are the property of the public. Has not any member, at this instant, the right to go to your file, transcribe any part, or the whole of their contents, and publish them in the newspaper, without violating any rule of the Senate, any rule of law, or any rule of propriety? Certainly he has. It was altogether unimportant what were the contents of the papers. They were already public, and on the responsibility of the President. The instrumentality of the Senate was not asked or required, and it was only the exercise of some power by the Senate which could now withhold their contents from the House of Representatives and the nation. He denied the ex istence of such a power in the Senate. Whence did they derive it? Or why should they possess it? The Senate is not responsible, if the President has acted indiscreetly, as the argument assumes, although the Senator admits he does not know the contents of the papers, and, of course, cannot know that their publication will do mischief. Unless the Senate be prepared to assume the functions and responsibility which the constitution has vested in the Executive, and, indeed, those which belong to the House of Representatives also, it cannot arrest what is sent by the one to the other in the course of official duty. It is not only a direct violation of the right of the Executive to send, and of the House to receive, those papers, but it is a palpable infraction of the right of the people to know what occurs in the progress of Congressional proceedings. Was it ever heard of be The motion to print the Message and documents was lost: YEAS.-Messrs. Barton, Bouligny, Burnet, Cham bers, Chase, Foot, Hendricks, Holmes, Johnston of NAYS.-Messrs. Barnard, Benton, Berrien, Branch, Mr. TAZEWELL asked whether a motion to transfer the Message and documents from the Legislative to the Executive Journal would be in order. The Vice President said he presumed it would be in order. There were no instances of transfers from the Legislative to the Executive Journal; but transfers from the Executive to the Legislative Journal were not unfrequent. The motion was made, and carried in the affirmative, by a vote of 25 to 16. During the above discussion, a message was received from the House of Representatives, stating that they had passed a resolution for the appointment of a Joint Committee to wait on the President of the United States, and inform him that unless he had any further business to communicate, the two Houses were ready to adjourn, and asking the concurrence of the Senate. The Senate concurred, and appointed a committee on its part; and Mr. SMITH, of Maryland, from the committee, reported that they had discharged the duty intrusted to them, and [MARCH, 1829. that the President informed them he had noth. ing further to communicate; that he presented his best respects to both Houses of Congress, and wished them a safe return to their families and homes. Another message was received from the House, stating that they had completed the legislative business before them, and were ready to adjourn. On motion of Mr. SMITH, of Maryland, it was ordered that the Senate meet to-morrow at 11 o'clock A. M. The Vice President then adjourned the Sen ate. PROCEEDINGS AT EXTRA SESSION. THURSDAY, March 5. Documents-Panama Mission. The following Message from the President of the United States, received and considered the third instant, in legislative session, was, at that time, on motion of Mr. TAZEWELL, ordered to be transferred, with the accompanying documents, to the Executive Journal: To the Senate and House of Representatives of the Ordered, That the message of the President of the United States, transmitting to the Senate the instructions to the Minister of the United States to the Congress at Panama, with the accompanying documents, be referred to the committee appointed the 5th instant. The Senate proceeded to consider the motion. THURSDAY, March 12. The Senate resumed the consideration of the motion made on the 10th instant, to refer the Message transmitting the instructions to the Ministers of the United States at Panama, to a Select Committee. Mr. BENTON had leave to withdraw the mo tion, and submitted the following as a substitute: WASHINGTON, 3d March, 1829. I transmit herewith to Congress a copy of the instructions prepared by the Secretary of State, and furnished to the Ministers of the United States appointed to attend to the Assembly of American Plenipotentiaries, first held at Panama, and thence transferred to Tacubaya. The occasion for which they were given has passed away, and there is no "The late President of the United States having, present probability of the renewal of those negotia- by his message of the 3d March, 1829, communitions; but the purposes for which they were intend-cated a copy of the instructions to the Ministers of ed are still of the deepest interest to our country, the United States appointed to attend at the As and to the world, and may hereafter call again for sembly of American Plenipotentiaries, first held at the active energies of the Government of the United Panama, and thence transferred to Tacubaya, with States. The motive for withholding them from gen-a view to their general publication," which is eral publication having ceased, justice to the Government from which they emanated, and to the people for whose benefit it was instituted, requires "Resolved, That the injunction of secrecy be rethat they should be made known. With this view, moved from the said documents, so far as to per and from the consideration that the subjects em-mit the publication of the same, as containing the braced by those instructions must probably engage views of the late Executive of the United States; it hereafter the consideration of our successors, I deem being thereby declared that such publication is not it proper to make this communication to both to be considered as the expression of an opinion on Houses of Congress. One copy only of the instruc- the part of the Senate, in relation to any of the tions being prepared, I send it to the Senate, requesting that it may be transmitted also to the principles avowed, or measures suggested in said House of Representatives. JOHN QUINCY ADAMS. TUESDAY, March 10. claimed by him as an act of "justice to the Government from which they emanated:" Therefore, instructions." The Senate proceeded to consider the motion. FRIDAY, March 13. The Senate resumed the consideration of the Mr. BENTON Submitted the following motion: motion submitted yesterday by Mr. BENTON, MARCH, 1829.] Proceedings at Extra Session. relative to the instructions to the Ministers of the United States at Panama. On motion of Mr. SMITH, of South Carolina, that it lie on the table, it was determined in the negative-yeas 6, nays 30. MONDAY, March 16. The Senate resumed the consideration of the motion submitted by Mr. BENTON on the 12th instant, respecting the instructions to the Ministers of the United States at the Congress of Panama. A motion was made by Mr. WEBSTER, to amend the same, by striking out all after the word "Resolved," and inserting, "That the Message of the President of the United States, of the 3d of March last, transmitting the instructions given to the Ministers of the United States, at the Congress of Panama, and the documents accompanying it, be transferred to the Legislative Journal of the Senate." A division of the question was called for by Mr. KING, and being taken on striking out, It was determined in the negative-yeas 13, nays 19. On motion of Mr. TAZEWELL, To amend the resolution by striking out all after the word "emanated," and inserting the following: "The Senate having bestowed upon the said instructions the most careful attention; and not being able to discover any possible benefit which may result from their publication at this time; on the contrary, finding in them many expressions, insinuations, and opinions, in the justice and propriety of which the Senate do not concur, but regard the promulgation of the same as a measure which may be productive of much public detriment: Therefore, Resolved, That the said instructions be returned to the Department of State." It was determined in the negative-yeas 9, nays 23. On motion of Mr. McLANE, of Delaware, to amend the resolution, by striking out all after the words "Resolved, That," and inserting, "the said Message, and the documents accompanying it, as containing the views of the late Executive, be transferred to the Legislative Journal of the Senate; it being hereby declared that such transfer is not to be considered either expressive of an opinion, on the part of the Senate, of the propriety of the said Message, or of the language used, the principle avowed, or the measures suggested, in said instructions:" VOL. X.-17 [SENATE. A division of the question was called for, and, being taken on striking out, it was determined in the affirmative. A motion was made by Mr. RUGGLES, to amend the amendment proposed to be inserted, by striking out the following clause: "It being hereby declared that such transfer is not to be considered as the expression of an opinion, on the part of the Senate, of the propriety of the said Message, or of the language used, the principles avowed, or measures suggested in said instructions." And it was determined in the negative-yeas 13, nays 19. A motion was made by Mr. WEBSTER, to amend the proposed amendment, by inserting, after the word "propriety," the words "or impropriety." And it was determined in the affirmativeyeas 21, nays 11. The amendment, thus amended, was then agreed to. On the question to agree to the original motion as amended, it was determined in the affirmative-yeas 22, nays 10. So the resolution was agreed to as follows: "The late President of the United States having, by his message of the 3d March, 1829, communicated to the Senate a copy of the instructions to the Ministers of the United States appointed to attend at the Assembly of American Plenipotentiaries, first held at Panama, and thence transferred to Tacubaya, with a view to their general publication,' which is claimed by him as an act of 'justice to the Government from which they emanated:' Therefore, Resolved, That the said message, and documents accompanying it, as containing the views of the late Executive, be transferred to the Legislative Journal of the Senate; it being hereby declared, that such transfer is not to be considered as the expression of an opinion, on the part of the Senate, of the propriety or impropriety of the said message, or of the language used, the principles avowed, or measures suggested, in said instructions." On motion of Mr. Tazewell, Ordered, That the proceedings of the Senate, on the subject of the message, transmitting the instructions to the Ministers of the United States at the Congress of Panama, be transferred to the legislative journal. On motion of Mr. SEYMOUR, that this Message be printed, It was determined in the negative-yeas 13, nays 18. MONDAY, December 1, 1828. The House was called to order at 12 o'clock, by the Hon. ANDREW STEVENSON, the Speaker of the House. The roll being called over, one hundred and seventy members and three delegates answered to their names. The usual messages were interchanged between the two Houses, and a committee was appointed to wait upon the President of the United States. TUESDAY, December 2. Mr. VAN RENSSELAER, from the committee appointed to wait upon the President of the United States, and inform him that the two Houses were in session, &c., reported that they had performed that duty, and the President replied he would make a communication to both Houses this day at 12 o'clock. Soon after which, a Message, with accompanying documents, was received from the President, by the hands of Mr. John Adams, his private secretary, (for which, see the Senate's Debates.) The reading of the President's Message being concluded, it was, long a member of this House, those who had the pleasure of his acquaintance while here will bear me out in saying, that the worth of the deceased was of no common order. All who had the happiness of knowing him as well as did the humble individual upon whom has devolved the melancholy duty of addressing you on this occasion, will bear me testimony that his character combined an association of the most estimable qualities of the human heart; he had been afflicted by a distressing and protracted disease of the liver, which terminated his journey of life, when he paid the great debt of nature, at his residence in New Jersey, on or about the 20th of August last. That the usual solemnity in this, as in similar cases, may prevail, I move you, sir, the following resolution: Resolved, That as a testimony of respect for the memory of HEDGE THOMPSON, deceased, late a member of this House for the State of New Jersey, the members thereof will go into mourning by wearing crape on the left arm for thirty days. The resolution was unanimously agreed to Cumberland Road. resolution: Mr. SMITH, of Indiana, moved the following On motion of Mr. TAYLOR, ordered to be committed to the Committee of the whole House on the state of the Union, and six thou-nals be instructed to inquire into the expediency Resolved, That the Committee on Roads and Ca sand copies of the same, with the accompanying documents, ordered to be printed for the use of the members of the House. THURSDAY, December 4. The late Hedge Thompson. Mr. TUCKER, of New Jersey, addressed the House as follows: Mr. Speaker: I rise to announce the unpleasant information of the death of one of my colleagues, Mr. HEDGE THOMPSON. Though not of reporting a bill to authorize the opening of the Cumberland road eighty feet wide on its present location through the State of Indiana, by cutting off the timber, removing all obstructions, and mak ing temporary bridges, so as to let on the travel, preparatory to turnpiking the same; and also, that said committee inquire into the expediency of making an appropriation of fifty thousand dollars for that purpose. Mr. SMITH said, that he must ask the indulgence of the House, and the ear of the Committee on Roads and Canals, while he remarked DECEMBER, 1828.] Extension of Time for Drawback. [H. OF R. briefly on the objects of the resolution. There | pledged to proceed with this great and imporare few subjects, said Mr. S., I may say none, tant work, and I flatter myself their just exin which the citizens of the State from which pectations will not be disappointed. To such I come, and particularly those more immediate- gentlemen as held constitutional scruples on ly affected by this road, either in fact or antici- these subjects, I will merely say, that this resopation, are more deeply interested than in that lution, and the subject of inquiry, steers clear embraced by this resolution. The Cumberland of the constitutional objections of the gentleroad being the grand thoroughfare through men; it rests on other principles. Such being which a great portion of the emigration, as the case, as frequently admitted, as I believe, well as the merchandise from the Atlantic on this floor, I hope we shall have the co-opStates, and cities, must pass, by land, to the eration of these gentlemen as well as those State of Indiana, and those States west, through who, like myself, are not troubled with these which this road is intended to be located, it constitutional objections on subjects involving consequently becomes a matter of much im- the right to make works of internal improveportance to our citizens, that it should be in ment. I believe we have the power, and I am healthy and active progress westward. It willing to exercise it for the benefit of the must be recollected by the House, and particu- country. It is not my intention to go into the larly by the committee, that Mr. Knight, the question at this time, as it can answer no valuable commissioner who ran and marked the able purpose. I will merely point gentlemen road through the State of Indiana, in his re- to the compact, and to the fact that the two port to Congress, at the last session, warmly per cent. on the amount of the sales of public recommends the opening of this road in the lands in the State of Illinois, which I consider manner contemplated by the resolution. It pledged to this object, has already amounted would seem almost unnecessary for me to add to more than the sum called for by the resomy entire concurrence in the views of Mr. lution. Knight on the subject, as his opportunities, having examined the ground, for acquiring a knowledge of the subject, not only as regards the geography of the country, but as to the propriety of this preparatory step, has been such, as to entitle his opinions to the respectful consideration of this House and the committee. It must be recollected by the House, that a bill passed the Senate at the last session of Congress, authorizing the opening of the road as is contemplated by this resolution; that the repeated efforts of myself and colleague, Col. BLAKE, (Mr. JENNINGS being at that time unfortunately confined to his bed by severe indispo- Mr. SMITH declined accepting of this as a sition,) to take up the bill out of its order, modification of his resolution. So far as this proved unavailing, and we were compelled to road had gone into the State of Ohio, it had see the session close and the bill not reached on been made to follow the course of good roads the orders of the day. It will also be recol- already existing; but in Indiana this was not lected that I introduced a joint resolution of practicable, as no such roads lay in its contemthe General Assembly of Indiana on this sub-plated course. Besides, the adoption of the ject, which was referred to the Committee on Roads and Canals. It was indeed a subject of much regret to me that the bill of the last session did not become a law, as the voice of my constituents, which shall ever be my guide, called for every exertion that could be made on my part to obtain the passage of the bill. Sir, since the location of this road by the commissioner, a great portion of the public domain lying immediately on the line of the same, and contiguous thereto, has passed into the hands of individual purchasers, and the money into the Treasury of the United States; farms are opening, towns are laying out, and villages springing up, and the whole face of the country greatly improving, in anticipation of the opening and final completion of this great national work. National I call it, sir: for, if any work of internal improvement can properly be called national, this is surely of that character. The people consider Congress as I have felt it to be my duty, sir, to introduce this resolution, and to make the remarks which I have submitted, at this early period of the session, that the committee may have the subject under their consideration as early in the session as possible, as I am very anxious that a bill may be reported, and finally pass, during the session, which I am aware is to be a short one. Mr. MCLEAN moved to amend this resolution, by inserting therein, after the word "location," these words, "from Zanesville, by way of Columbus, in the State of Ohio." amendment would involve the necessity for an enlarged appropriation. Mr. MCLEAN considered this as no valid objection to the amendment. The whole subject would remain within the discretion of the committee. As to what the gentleman had observed as to the good roads in Ohio, he must certainly be under an erroneous impression. The preparation contemplated by the resolution was as much needed in that State as it could be in Indiana. The amendment was adopted. Mr. SMITH thereupon modified the original resolution, so as to insert $100,000, instead of $50,000; in which form the resolution was carried. THURSDAY, December 11. |