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SOUTHERN RECORDER.
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•Y GHANTLANU & ORME.
MILEEDGEVILLE, GEORGIA, SATURDAY MARCH 28, 1820.
No. 9 or Vol. X.
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SJ&XVZXTiZ COKOiLESg,
SI-CONI) SKSSIO.N.
JN SEN AT E.
Mo\dat, 2d Murph.
\TEOXTHR PANAMA DOCUMENTS,
lie Message of tho President of tint
t,.,l Stales, transmitting to Congress
Instructions furnished to the Minister
tain our ngency in it—that our conocrn
was to take enre of ourselves, and as we
did not move in this matter ns the repre
sentatives of the executive, so it was not
proper to leave us to the gratuitous inter
position ot the executive for facts neces
sary to a just judgment upon oiir conduct,
& with which the American public ought
to be acquainted. We were still referred
to the authority of the Executive to do in
this case what it was said tkov had done
before, to publish .without a call, and that.
\vn had no claim upon the members oppos
ed to us, and who now compose the ma jo
rity, to nsk their aid in procuring them by
a resolution of the Senate.
Well, sir, the President bits published.
By sending the papers to the two houses
of Congress lie has done what gentlemen
said “ he can do” nnd “ let him do,” ami
what bis power to do was made the ground
of opposition and defeat to the resolution.
And what now do we hear? Whv, thnt
the Senate most step between the Execu
tive nnd the public and arrest the informa
tion. Those who said a day or two ago
the President can assume the respson-
iice to
oat
the Committee on Foreign Re-
e reference was ordered without a di-
Mr. Chambers moved that the message
documents he printed,
public eye, and that the President is un
der no responsibility for the effects of the
publication. If by this it he intended that
the publication will not advance or retard
the future elevation of the present Chief
Magistrate to n political office, hcconcnr-
Mr. Tazewell, in opposition to the mo- red with the Senator who had again
, asked if the Senate 'fas willing to
ithout previous exanii-
to the
?crct instructions of the Go
ament. This proposition was made
■e it few days ago by a Senator from
issnchnsctts, in a resolution. It was
seated hv the Senator from South Cn-
llina, that the documents should come to
Semite confidentially, & in secret ses-
n. The mover himself became satisfi-
of the impropriety of receiving them
any other way than with closed doors,
1 lm modified his resolution nccording-
peated the remark; but tho true responsi
bility of tt public functionary was to be
found iu the odium to which they exposed
themselves by unwise, injurious and crimi
nal measures, the disgust nnd contempt
which pursued them into retirement, and
fastened upon.their name and reputation.
Erwin this responsibility an officer found
no relief by the expiration of his term of
office; he could look to none, even with
the termination of his life. The Senate,
Mr.C. continued, hud no right to this pa
per, no exclusive right. It belongs in
Wlint then ? Tito Senate deterniiu-1 common with us to the House of Rcpre-
nytto make a call for documents on ti jsentatives nnd to the people.
'resident having hut three days to live, j The President was at this moment, and
ml the resolution was laid on the table, j to tie last hour of the Inst day of his offi-
Ithough tijc mover declared that he Itud i i-jal existence would he invested with the
knowledge of the President’s intentions i constitutional powers and duties which be
wishes in regard to tiie publication ol longed to the station. •Amongst those du
licsc papers, yet, the resolution having i ties was that of transmitting information
)een rejected, tho President, uncalled, oh- ; and advice to both house.- of Congress.—
l^gs tile secret documents on the Senate; j JJy an arrest of communications in I Heir
Iter these documents had been referred to transit to the House from the Executive,
Committee, to be examined, rad to he do you not usurp control over both these
lublished or withheld at their discretion, co-ordinate branches! By what uuthori-
Senator from Maryland, though lie tv can you say to the President that he
shall not communicate to the House?—
nows nothing of their contents, proposes
publish them to the world. Mr. T.
imped the Semite would examine before
hev promulgated documents sent Either
i] the last moment of the expiring poli'i-
i! life of the President.
Mr. Chambers said he was.greatly sur
prised at the dpposition nmdo to the mo
an to print. He regretted the absence
From his chair of his friend from Mnssa-
Imsetts,* (Mr. Webster) who had intro-
Inced the resolution referred to by the Se
nator from Virginia, because he did not
And by what authority can you say lo the
House, you shall not receive n communi
cation addressed to you ? Tho law of
force may justify it, hut none other.
It has been said the President litis ob
truded papers on the Senate containing
secrets of the Government. What justi
fies this remark? Hoe? the Senator know
the contents of the papers, ttpd from such
knowledge assert their character? Hoes
he not assume nn appellate power over
tho opinion of the Executive? Hoes he
could not furnish a copy of them. But
one set wns furnished, which we were re
quired to send to the House of Represen
tatives. Is this usual? The President
should have put both Houses in possession
of the document, nnd lie cannot make us
his agents in their communication to the
other House. But is there «ny thing un
usual in resisting the proposition to print
the papers ? Only one copy was sent, and
was referred to the Committee on Foreign
Relations. Was there any proof that we
wore disposed to withhold the documents
from publication ? Why were they not
printed ? Bccnnso they should first he ex
amined by the Committee, and should go
to the public accompanied by n report
from the Committee. The hnne nnd the
antidote should he administered together.
But lie would ask if the President would
not lay these documents before the public.
It was in bis power to do whatever be wish
ed with lliem ; nor would it ho a new case,
should he open the secret drawers of the
.Stale Department to make public such of
their contents ns lie thought proper.
The instructions to Mr. Cool; were giv
en to the public by the President after they
had been refused to the House of Repre
sentatives. With my assent, no net of
ours shall sanction the publication of these
papers. They were in a condition to get
before tho public without our agency. He
would not consent to be made the agent in
drawing from the Di pertinent of State,
arid iu publishing the history of tin ill-fa
ted measure which had long distracted the
American People, and which was only cal
of a minority, would be denied. A mo-j revive a subject which Ims been forgotten j When the President first submitted the
lion to print a paper, communicated from by the People, and in relation to which j project of tlmt Mission to the Benate^lf
the Executive or any of the Departments | nothing new remains to be done, either by | was expressly stated, that one of its ob-
was almost, if not altogether, “ matter of
course.” Hu bad no recollection at the
moment of its being refused or resisted,
lie might, lie knew, avail himself of his
possession of the lloor to express his views,
hut it would he irregular to do so on u mo
tion for consideration, and he did not
choose to be driven to an indirect course.
it it was intended to deny to the minority
tile usual courtesies belonging to Legisla
tive bodies, and this denial was to lie put
in its worst form lo preclude even the pow
er of debate or complaint, let it he so, and
let the fearful responsibility of this course
rest on those who adopt it. He moved
that tho motion to print ho now token up.
Mr. Holmes having desired the ayes mid
lines oil the qu('sHon r t!iey were ordered,
Mr. licrricn did not rise, lie said, to op
pose the motion, for he was ready to meet
the question of printing directly., lie rose
to reply to a remark which fell from the
Senatnf from Maryland, regarding the res
pect duo to “the remnant of the rights of
the minority.” It struck hint that there*
mark came with ill grace from n Senator
who, the other day, opposed n will for in
formation on a subject highly important,
and involving much detail. Having nu
acknowledged right to information on that
occasion, I asked it from the honorable
the Executive or the Legislature? Tho
Congress of Panama, though sought for
with nil due diligence by tho Minister of
the Executive, wits never found. The re
turn of non rst inventus has been endors
ed upon the records of the country. The
expenses have been all paid, the accounts
closed, and the whole utfair consigned to
“the tomb of the Cnpulcts.”
Under these circumstances, no gentle
man w ill deny that we are at. leust entitled
to know why it is, that the subject has now
been brought before us ? This is a ques
tion to winch we have a right, to a direct
nnd explicit answer. The Senator from
Maine [Mr. IIoumiis] lias attempted to gite
us thnt answer, nnd wlint is it? Why, that
the President, iu sending ns this message,
is fulfilling a high constitutional obligation,
which lie is not ut liberty to disregard.—
Tim honorable geiitlcpiun tells ns thnt the
third section of the second nrticle of the
Constitution, expressly declines, tlmt the
President “shall,” (not way) “from time
to time, give to Congress information of
jects was to instruct the People of SoutAt
America in the principles of religious free
dom ; another object, very distinctly indi
cated, was, the formation, this side of th*
Aliunde, of “nn Alltnnce of free Stales,’*
as ncounterpoise to “the Holy Alliance**
of Europe, and another wns, the redeiup-
linn of Mr. Monroe’s celebrated pledge on.
tlmt subject. A new code of national,
law was to be introduced, and, in shorty
matters deeply iuvclving the neutral rela
tions, and future pblicy of this country,
were to be discussed and settled. But,
sir, when the impolicy nnd datiger of such
a Mission hud been demonstrated by thoea
with whom I hud the honor to act on tha%
memorable occasion, the President ebangs
ed liis ground entirely. Insteud of intros
<lncing the principles of religious free*
dom, “the right of burial,” wii merely
to be secured to Americun citizens, nnd, in,
short, t he whole character of the Mission
was so completely changed, that, in itfi
new dress, it could hardly be recognized
by friends or foes. Three different tnctn*
the state of the Union, and recommend | morpbosrs did the Panama Mission une
“to their consideration such measures ns dergo, before it wns suffered to appear bo»'
“ he shall judge necessary and expedient.” * nre the public; dangerous, ns it nssured-
llcrc, exclaims the gcnilcmtui, triumph- b’ wng i '•> its original design, it was final*
ontly, the President is commanded to give b reduced to a mere empty pageant bos
ns this information—lie has no discretion
Senator, hut did not receive it. Another whatever, and the true object of the mes-
memher of the Committee rose to g.veit: sage is merely to comply with the high con-
** ‘ ‘ stitutioual obligation thus imposed upon
hut, on the motion of the Senator from
Maryland, the reading of the papers wa
led for with a view to rerive nnd continue dispensed with. I did not admire tlmt
tiiose distractions.
Mr. Holmes of Maine: I was opposed
to the Panama mission; I suspected it
would conic to no good, and I feared it
might produce mischief. My maxims are
to ‘‘let well enough alone,” and “if you
cannot sec where to go, nor what to do, it
is safest to stand still and do nothing.”—
But others thought well of it; public opin
ion was divided, mid the mission being es
tablished and the Ministers appointed, 1
could not withhold the. appropriation for
their compensation. The President Ims
communicated to us the instructions to
those Ministers, and the projiositiomis to
print the documents for the use of the Se
nate, confidentially. The whole affair is
over and finished, antUwe not only refuse,'
course then, and I shall not imitate it now.
Mr. B. said, lie should vote in favor of
Inking up the motion, and should then op
pose it on the grounds he had before men
tioned.
The motion to print was then taken up
by the following vote:
YEAS—Messrs. Barton, Berrien, Bou-
ligny, Burnet, Chambers, Chandler, Chaso,
Dickerson, Eaton, Foot, Hnyne, Hen
dricks, Holmes, Iredell, Johnson, of Ken
tucky, Kane, King, Knight, M’Kinley,
Marks, Noble, Ilidgely, Robbins, Rowan,
Ruggles, Sanford, Seymour, Smith, of
Maryland,’ Smith, of S. C. Tazewell, Ty
ler. White, Willey, Williams, Woodbury,
—dil.
NAYS Messrs. Barnard, Benton,
the public the information, but we tire a-1 Branch, Dudley, Prince
fra id to trust ourselves.
Sir, it is a grave question, whether we;
Mr. llayne rose in reply to Mr. Cham
bers and Mr. Doumf.s, nnd said, that if
h . * • i duiwo niiu mu iuMj.Htin. iu:u nuiiii tuui it
ave the power to arrest here a communion-| the p reiident [lesir(;l , to ive tothe worM
tutu emit tn Mir» I lntu:ii nr Iconrounnlntitriia ...
lunlcrstsind the motives or the objects, ol ( n()t rc f use t| ]e President the exercise of
Pli.at resolution to have been those tv,
Ithat Senator now expressed them to be.-'—
Be laid not understand the mover of the
Ircsohttioti to intimate, mid certainly in the
remarks which he himself had made in
I concurrent and co-ordinate pow er vested
I by tin? Constitution ? The Executive lias
the right to make public his official acts.
i By sending his communication to Cou-
| gross, lie does publish to them nnd to the
■support of tlipt resolution, he had not m-! world, mid this body bus no right to la_.
[Uirintcd, his motive uud.object to he to pu- | hands on offieiul papers in transitu, and
the present executive, or to rekindle i outlier them by sending them to a Com-
ine ilnmcs ot party animosity. \> lien that i m jttee room, and refusing to print them.
Resolution was introduced, it wns objected | Ml . f jj m : cn had no wish, lie said, to
I’Y the Senator front tsouth-Cnrolina, (Mr. I
inquire into the motives of the President
» ay tie) that the intortnat'.on asked lorj oro f individuals in regard to this subject;
,' ou ! 10 *° 'he faennte in secret scs- j hut this last motion forcibly reminds us of
pma, m executive session, and other ex- , t h e circumstances under which the origin-
w.ptions were taken to its language. I he j u | motion was introduced. The question
imer.ot the resolution acquiesced in aU.upon tho resolution wns not whether the
no suggestions ol amendment, and mod,- documents should he published, but wheth-
BiimI lus proposition accordingly. It was) cr WQ Rhould, gratuitously, invoke them
Iter the avowed purpose ot conciliating the feom the President, and give them publi-
I’lcws and subduing opposition, that the ; c j t y < The same argument which lie op-
laioUiricatioas were adopted, and not as the j, usc( i to the call for the papers he would
Senator from Virginia suggests, because (llOW ol>poso t0 t [ 10 motion to print them.
|me mover of the resolution deemed it pro-,|j e WO uld exclude nil consideration of the
1*. er t, ‘ lwvc "«c Senate in executive ses-, motives,)!' these motions, but look at their
sion to receive the communication. Hol e ft’ ectg> Tlio effect of both motions was
i>au admired, although he believed ' to tl ra \ V UiKlinctly tho liueB ofiiartics. G?en-
®°uld not have imitated, the conciliatory i t j CJ1Jpn HV1 ,ii themselves of the very few
frtuper of his honorable friend who had 'moments in which they can have access
moved the resolution, in yielding to the . t „ the public armory, to arm themselves
•modifications [imposed when lie was )'ct j f l)r another contest. lie did not fear their
convinced that,in its original form thei we npojis. They had been found power-
proposition might not to hnvoTCceived op- | esg f 01 . defence; they would bo found
position. Yet what was the event? A j equally so for offence, Tho object of the
strong and animated appeal wns made by j mo tion „/hdc. the other dav was declared
me Senators from Virginia, Sonth-Cnroli- 1 1() i )(?i ,\ ot the justification of the President,
mi, and Georgia, and ultimately the reso- ! ; ,it< 1U gh tlmt, it wns said, would be jtseffect,
mtion was defeated liy a vote to lay it on | mt tp justify to gentlemen their own course.
1 m table. ! r p| t(; rci) | object which gentlemen had in
The main argument then urged was, reviving the discussion of the merits of
die power of the president to cuimmim-1 this contemned nnd exploded political sp_c-
ontethc document upon his own respon- culutiou, was to enable them, iu their re-
sibility,ond the absence of nil necessity j tireiuent, or in legislative halls, to renew
*° r the call. It was in vnin we urged (the political conflict in which they had so
“mat these instructions concluded aitffr.on-1 Intelv been defeated. But this weapon
suinninted a transaction, all other parts
whereof were published to the world, tljat
-*hey were necessary to a correct and in-
telligrnt view of the subject, and proper
to vindicate the course we hud pursued ill
m oid’d not aid them. Sir, said Mr. ,’L it is
not for me to distrust the declarations of
gentlemen. I am not disposed, on this
occasion, to urge the argument of “post
line ergo propier hoc;" hut how soon had
reference to the mission—that the power those several nets, tending to the same ob-
°f the President to publish and tiicreby |jpct, followed each other. In the earliest
sustain his ngency in the measure did not possible moment after the rejection of the
take away or lessen our light to obtain original proposition, this message was re-
mid use the menus in our control to sus- ceived, and it wns immediately followed
~~~— ,|>v a motion of extraordinary character.—
i Messrs. Webster, Johnston ot Louisiana V 8W*“ The President, in the exercise of a pow-
^r^nUeuJin.tUo funeral of Sin. Par- , denied to him. has sent to us the
asid.n, p„u t)Parers , ( ,jj not relum UIllil aub0 et not denied to n in, > «■
moment of taking the dual vote. documents IH SUcll boste, that the Gltrks
lion sent to the House of Representatives
through its. The President Ims sent in-
forination to both Houses, requesting us to
transmit it to the House. It is u usual
coarse, and when the documents nre vo
luminous, it is almost always done. It
has been admitted that the President has,
himself, the right to make public the whole
transaction—and yet we nre so fastidious,
that we apprehended danger, even to trust
ourselves with rending the communica
tion. They tire to he locked up in the
Bureau of the Committee of Foreign Re
lations, mid until these confidential gen
tlemen have examined them, wc arc not to
have a sight of them. The result is, that
we nre to interpose to shut out from the
public that information which the Presi
dent himself, on his own responsibility,
has n right to give. Sir, 1 on
his instructions to the Ministers to the Con
gress of Panama, on his own responsibility,
he, ns a member of the Senate, could have
no objection to his doing so, be the Presi
dent influenced by wlint motives he may.
But, when the nttempf was made to con
vert this House into ihc mere instrument
for the accomplishment of such a purpose,
he felt disposed to pause nnd inquire into
the object intended to be accomplished hy
the proceeding. If the President desired
to shift the responsibility of laying before
the world documents, which, hy the prac
tice of nil Governments, nre usually lock
ed up in the archives of the country, it was
nt least necessary that the Sennto should
know precisely the character of the pa
pers which they were called upon to print,
iu order that they might judge Itmv far it
. . , .... . , poseil tin wns proper for them to assume the res-
uiiMion.and st.lll lie .eve I was right, hut' Shil.tytlmsnttenipted to be thrown up-
i ns tend ot ret.,sing, 1 will facilitate every them / Tlre n ,„i p r „p P r mode of
thing winch may go to shew me >•> the, e(]i /^hut had been
wrong. I am not afraid nor ashamed to t, o ,, 0 jn ,. ajS(l) to the message and
hear and publish any man s doctrines >» ,|«, IItIlcntj , c«. tl.« Committee ou Foreign
ipposit.on to mv own. H is, moreover, Ul>ll , tjon8 for „ n , nmntion , m „| if after
mndcrtlie duty ot the President, by _thf...y^^Umveheei,examined Atsho.dd np-
Gonstitution, to make this com,numcatton. j ^ (|mt , hey c0||f „ i|( nothin „ wllicll ( ./, n
I eompromit the clmrarter, or iiflcet the fu-
countrv, be, for cue
“IIe shall, from time to time,” that is,
wliefl on his own responsibility, lie deems tnre po | icy of tl|i
it expedient, “commuiiiefite to Congress
the state of the Union.” A transaction
affecting essentially the state of the Union
is communicated, nnd we the Senate, even
with closed doors, arc neither permitted to
hear or see it. Is it mnterial that the
committee shall detnin these documents,
that their answer shall go out simultaneous
lyl Public opinion is not to he forestal
led, for the people of these United .States
will hear the whole before they decide.—
But if wc nre, indeed, afraid to trust them,
it is n little singular that we should be afraid
to trust ourselves.
Mr. Woodbury explained thnt lie did
not move to withdraw the ayes nnd nocs
under the supposition thnt nil objections
turn. But, will that gentleman be so kind
us to inform us, how it has happened (if
the,President is under a constitutional ob
ligation to send us these documents) that
lie has for so long a period neglected to
perform hi* duty ? If the President is
hound to send us these papers now, was lie
not equally hound to do so two years ago?
With the command contained in the clause
of the Constitution quoted by the gentle
man, staring him in the fnee, how could
the President have dared so long to neg
lect an important duty, which, according
to tho views of the Senator, lie was under
the obligation even of nn oath to perform?
Sir, it is impossible that the President
can escape from the dilemma ill which
tho Senator from Maine has thus placed
him. But the Scnntor has misconstrued
tho Constitution. In omitting to make
this communication sooner, the President
has neglected no duty, and in making it
now, he lins performed mi at t altogether
gratuitous. The information which the
President is commanded bv the Constitu
tion to give to Congress is thnt which shall
concent the “ Stale of the Union.” He
is to give information as to the condition
of the country, aud.to recommend mea
sures proper to he adopted by the Legis
lature. The mcssng> before us relates
neither to one nor the other of these sub
jects, nnd it necessarily follows that in
sending it to ns, iho President must have
some other object ill view, than to fulfil
the obligations imposed hy the third sec
tion of the second article of the Consti
tution. I repent the inquiry, therefore,
what is that object? The Senator from
Massachusetts, iu tb'fe remarks on the re
solution submitted hy him on the same
subject two days ago, gave the true an
swer to this inquiry. These documents
arc intended to vindicate the course of Mr.
Adams and his friends in* relation to the
Panama mission. They are intended to
shew that tho fears “ felt or feigned” in
respect to that measure, were unfounded
They nre intended to revive the question
on which trrent parties in the country have
been divided, nnd to convince the people
that the minority was right nnd the majo
rity wrong. Now, sir, if the President and
his friends can accomplish this, even at
would have no objection to print, nndcir-!^ ,e c’xpcnse °t reviving those party feel
culate litem as widely as the President or' j"R s which were so strongly excited in re-
liis friends could clcairo. Thopc Senators! ^ atlon to the Panama mission, they nre
who had oppose I the Panama Mission i c °rtainfy nt liberty to do so. But, it they
from the beginning, could have no posse | propose to do it with our assistance, we
hie objection to the publication of every must t *' least require that the means, to
thing calculated tontlord correct informa
tion concerning that wild mid visionary
project. Blit at the same time, it is due
which we nre called upon to give our sane
tion, must he wholly unexceptionable. If
we are to relinquish the victory and fight
[said Mr. 11.1 to ourselves nnd to the coun- !l "-; battle over again, wc must at least sti
trv, that we .should clearly understand the J l mlalc for tb ? USt: 0,ll y of , luw f ul weapons,
true character of these documents, before ! , t l, ° . ob J ect 18 to P 1 ™ 6 ,bat 1
wc take upon ourselves the task of usher- M' SSion ) as projected hy Mr. Adams at the
ing them before the world on our responsi- domiiiencement ot lus Administration, «,
bility. The President might Imve caused
them to ho printed and circulated without
to the resolution hud been removed hy the: , ulnC( | t() send them
sending than here; hut, ns be is detcr-
wliicli we then denounced ns dangerous
to the pence and safety of this country,
was a wise nnd prudent measure. And
modifications which it had undergone. It j ty 0 f the Senate, it-is proper that we should
had never entered his mind that the docu-| resort to thomsunl means for obtaining ail
ments should go belore the world, pro-; tbcnlic information as to the true churac-
miscuously und without examination. j (,. r 0 f the documents, in orderjo determine
On motion of Mr. Smith, ofJMarvland, | the course proper to l>c pursued in relation
the motion was laid on the tiilde, in order j to them. Having referred the message
that the Senate might receive a message therefore to the Committee on Foreign
from the House of Representatives. Some [ Relations, to whom f!:o subject appropri-
otlier business having been transacted, ntcly belonged, it would he entirely out of
Mr. Chambers said, liis colleague had I 'he usual course, end tts it appears to me,
declined, upon request, to withdraw the I highly iinpropcrtoordertheiutobe printed,
motion to lay upon the table his proposi-i r,r adopt any other measure in relation
ler the authori- ' ,nw ' 6 11 proposed to prove this 1 By the
.Message and documents submitted to the
Senate nt the time when we were called
upon to give our advice nnd consent to the
Mission ? No, Sir, but by the instructions
subsequently given to his Ministers by the
1’rcsident, after be lind probably been dri
ven bv the discussions here, and the force
of public opinion, to abandon his original
plan entirely'- In other •words—it is pro
posed to shew the true objects of the mis'
sion, at its inception, not from the express
declarations of the Executive made to us
tion to print the Panama instructions
When gentlemen staled on this floor, the
existence of majorities nnd minorities, lie
had hoped it would not he forgotten that
minorities Imd rights ; lie laid also hoped
ibut these conceded rights would be res
pected. A proposition to rend n message
Imd been rejected, another to print it had
been laid on the table, whether permanent
ly, or for the purpose of transacting the
business now ended, wns to he seen. He
had intended to inquire IT liw colleague had
withdrawn his motion. He was now n-
bout to move to take up the subject, nnd it
would be discovered whether the right of
being heard, the last remnant of the right)*
to them, until wc should have the result ofW ^ ia -l time, but from the secret instiuc-
tho examination to which they would he
subjected hy that Committee*
But, there is another view of thi? sub
ject, which l confess has excited in nty
mind no inconsiderable distrust as tothe
object sought to be attained by the publica
tion of these documents. The question
naturally presents itself, why should the
President send such a message at this time ?
AVhy has the Panama Mission been due;
up from the grave In which it has quietly
re|K»sed fiir two vears past, nnd be now
thrown into this House, to disturb our de
liberations, hy reviving feelings and re
collection* which hayo passed away ? Why
lions prepnred nt a subsequent period, nei
ther submitted to us nor to the world, nnd
doubtless so modified as to remove moat of
the objections urged liere ngainst lbe mea
sure. We. nre to he brought up for trial
before the public, under nil ex post facto
Jaw, prepared expressly for the case, und
tli is when till the circumstances are almost
forgotten.
The instructions to the Ministers ot the
Congress of Panama, not only can ojjjprd
no standard by which to determine the
true character of the mission originally,
but must necessarily mislead all'who look
t# them fer information on that subject.—
fore it received the sanction of Congress,
nnd no one has ever doubted, that tht* in*
Mructions subsequently given, must have
been made to conform with the new cha
racter it Imd assumed. These documents,,
it is naturally to be presumed, afford very
sufficient evidence, that the President, in.
preparing instructions for his Plenipoten
tiaries, was not unmindful »f those be find
himself received from the Representative*
of the People in this and the other branch.’
of the National Legislature. It is hardly-
ndeed to be supposed, thnt the American
Plenipotentiaries were authorized to enter
into any arrangements flint could com-
promit our neutrality after the House of
Representatives had, by an express rcso*
lution, positively declared that it wns nob
their intention to sanction any such pro
ceeding. If, sir, the object of the Presi
dent he, as has been avowed, to give to
the American People full nnd correct in
formation ns to the trite character of the
Pannnin Mission, thnt object has already
been fully accomplished/
The three sets of doenment* ^Aitiniiini-'
cutcdto the Senate and House of R< pre-
sentntives have all been published, ucr.om-
pnnied by the explanatory messages of tho
President, and the arguments of nil those)
who took the different sides of the ques
tion. The public mind lias been mode up
with nil the lights that the facts of the caso
nnd the most elaborate arguments could
afford. The instructions, if intended to'
bear at all an the question of the true
character of the Mission, as originally
projected, can have none hilt u delusive ef
fect, nnd, therefore, the President has no
claim that we should lend our aid to their
publication. 1 think it proper, however,
to ndd, that, if it shall appear on exami
nation, that these documents, contain no
thing which th6 interests of the country
require to be kept secret, I shall have no
objection to their publication. The most
that I should, in that event, require, would
he, that these papers should be printed ia
connexion with the others, so ns to present.,
in one view, the originnl plan of the Pa-
naina Mission, nnd the modifications it-
has subsequently undergone. Such n jmb-
lication, in bringing the whole case before
the public, would enable them to award
the meed of praise or of censure to those
who have taken part in this great contro
versy. But, until wc shall have the report
of tlie Committee of Foreign Relation*
upon these papers, we ought not to tnko
another step iu the business. This pro
ceeding on the part of the President, ia
throwing these papers into the Senate, at
the very close of liis political life, uppeanh
to me so extraordinary, that I do not feel
disposed to act without the utmost cautiou
and deliberation; and, under all the cu^
eumstnnces of the case, I muet acknow
ledge that I do not feel the force of the ap
peals made on this oocasion to our justice
nnd liberality.
Air. Chambers e aid he was unable to di a*
cover the force of the objection urged by
the HenafOv from South-Carolinn. A per
vading error ran through the whole argu
ment, The Senator assumes the contents
of the paper to be such as to rentier their
publication improper. The obvious answer,
to this was, that tho Constitution had msdn
the President the judge of that matter, it?
gnve to him the power to divulge to Con*
grt'ss, nnd to the public what, on hie res*
ponsihility, he tnight.think it safe and'prop
er to communicate. It did not give to the
Senate an nppellate powerover his judgment
The Senate wns no more the constitutional
guardian of the President than Of the House-
of Represent stives. But this doctrine, prac
tically carried oat, would make it the guar
dian of both. Whan the President (tends a
message to the House, we are first to exam
ine whether it is discreet in him to send it;
and this kindly office being, performed to
him, we are then to ascertain whether it ie.
discreet to allow tho House to receive his
messnoe. Sir, if such powers be assumed
hy the Senate, who ie reassign limit to them.'
What becomes of the co-ordinate h#ancb»a
of your Government ? What becomes of
tho Constitution ? The Senate will be your
Government, and all other deportments its
dependents. •• ‘i.
These documents do not belong to you a*
lone. They are equally the property of the
other House; and they ere how medo pub
lic; and, therefore their contests’ ore thu
property of tho public. Has not toy mem
ber, nt this instant, the right to go to year
file, transcribe any port, «r the whole
