Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Twentieth Congress Page: 77
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OF DEBATES IN CONGRESS.
77
March 3, 1829.]
Panama Documents.
[SENATE.
tion on a subject highly important, and involving much
detail. Having1 an acknowledged right to information on
that occasion, I asked it from the honorable Senator, but
did not receive it. Another member of the committee rose
to give it; but, on the motion of the Senator from Mary-
land, the reading of the papers was dispensed with. I
did not admire that course then, and I shall not imitate
it now. Mr. B. said, he should vote in favor of taking up
the motion, and should then oppose it on the grounds he
had before mentioned.
The motion to print was then taken up by the following
vote:
YEAS—Messrs. Barton, Berrien, Bouligny, Burnet,
Chambers, Chandler, Chase, Dickerson, Eaton, Foot,
Hayne, Hendricks, Holmes, Iredell, Johnson, of Ken-
tucky, Kane, King, Knight, M'Kinley, Marks, Noble,
Ridg-ely, Robbii.s, Rowan, Ruggles, Sanford, Seymour,
Smith, of Maryland, Smith, of S. C., Tazewell, Tyler,
White, "Willy, Williams, Woodbury—35.
NAYS—Messrs. Barnard, Benton, Branch, Dudley,
Prince—5.
Mr. HAYNE rose in reply to Mr. Cuamukiis and Mr.
Holmes, and said that, if the President desired to give-
to the world his instructions to the ministers to the Con-
gress of Panama, on his own responsibility, he, as a mem-
ber of the Senate, could have no objection to his doing
so, be the President influenced by what motives he may.
But, when the attempt was made to convert this House
into the mere instrument for the accomplishment of such
a purpose, he felt disposed to pause and inquire into the
object intended to be accomplished by the proceeding".
If the President desired to shift the responsibility of lay-
ing' before the world documents which, by the prac-
tice of all Governments, are usually locked up ill the
archives of the country, it was at least necessary that the
Senate should know precisely the character of the papers
which they were called upon to print, in order that
they might, judge how far it was proper for them to as-
sume the responsibility thus attempted to be thrown upon
them. The usual and proper mode of proceeding was,
to do, what had been done in this ease—to refer the
message and documents to the Committee on Foreign
Kelations for examination; and if, after they shall have
been examined, it should appear that they contain no-
thing which can compromit the character, or affect the
future policy of this country, he, f r one, would have
no objection to print, and. circulate them as widely as
the President or his friends could desire. Those Sena-
tors who had opposed the Panama mission from the
beginning, could have no possible objection to the pub-
lication of every thing calculated to afford correct informa-
tion concerning that wild and visionary project. But at
the same time, it is due [said Mr. H.] to ourselves and to
the country, that we should clearly understand the true
character of these documents, before we take upon our-
selves the task of ushering them before the world on our
reponsibility. The President might have caused them to
be printed and circulated without sending them here;
but, as he is determined to send them out under the
authority of the Senate, it is proper that wc should resort
to the usual means for obtaining authentic information as
to the true character of the documents, in order to deter-
mine the course proper to be pursued in relation to them.
Having referred the message, therefore, to the Com-
mittee on Foreign Relations, to whom the subject ap-
propriately belonged, it would be entirely out of the
usual course, and as it appears to me, highly improper to
order them to be printed, or to adopt any other measure
in relation to them, until we should have the result of the
examination to which they would be subjected by that
Committee.
But, there is another view of this subject, which I
confess has excited in mv mind no inconsiderable distrust
as to the object sought to be attained by the publication
of these documents. The question naturally presents
itself, why should the President send such a message at
this time.' Why has the Panama mission been dug up
from the grave in which it has quietly reposed for two
years past, and be now thrown into this House, to disturb
our deliberations, by reviving feelings and recollections
which have passed away ? Why revive a subject which
has been forgotten by the people, and in relation to which
nothing new remains to be done, either by the Executive
or the Legislature? The Congress of Panama, though
sought for with all due diligence by the minister of the Exe-
cutive, was never found. The return of non est inventus
has been endorsed upon the records of the country. The
expenses have been all paid, the accounts closed, and the
whole affair consigned to "the tomb of the Capulets."
Under these circumstances, no gentleman will deny
that we are at least entitled to know why it is, that the
subject has now been brought before us? This is a
question to which we have a right to a direct and explicit
answer. The Senator from Maine Mr. (Holmes) has
attempted to give us that answer; and what is it? Why,
that the President, in sending us this message, is fulfilling
a high constitutional obligation, which he is not at liberty
to disregard. The honorable gentleman tells us that the
third section of the second article of the constitution ex-
pressly declares that the President " shall," (not may)
" from time to time give to Congress information of the
state of the Union, and recommend to their consideration
such measures as he shall judge necessary and expedient."
Here, exclaims the gentleman triumphantly, the Presi-
dent is commanded to give us this information—he has no
discretion whatever; and the true object of the message
is merely to comply with the high constitutional obliga-
tion thus imposed upon him. But, will that gentleman
be so kind as to inform us, how it has happened (if the
President is under a constitutional obligation to send us
these documents) that he has for so long- a period neg-
lected to pel'orm his duty ? If the President is bound to
send us these papers now, was he not equally bound to
do so two years ago? With the command contained in
the clause of the constitution quoted by the gentleman,
staring him in the face, how could the President have
dared so long to neglect an important duty, which, ac-
cording to the views of the Senator, he was under the obli-
gation even of an oath to perform?
Sir, it is impossible that the President can escapc from
tliedilenima in which the Senator from Maine has thus plac-
ed him. Butthe Senator has misconstrued the constitution.
In omitting to make this communication sooner, the Pre-
sident has neglected no duty, and in making it now, he
has performed an act altogether gratuitous. The infor-
mation which the President, is commanded by the consti-
tution to give to Congress is that which shall concern the
"state of'the Union.'' He is to give information as to
the condition of the country., and to recommend mea-
sures proper to be adopted by the Legislature. The
message before us relates neither to one nor the other of
these subjects, and it necessarily follows that, in sending"
it to us, the President must have some other object in
view, than to fulfil the obligations imposed by the third
section of the second article of the constitution. I re-
peat the inquiry, therefore, what is that object } The
Senator from Massachusetts, in the remarks on the resolu-
tion submitted by him oil the same subject two days ago,
gave the true answer to this inquiry. These documents
are intended to vindicate the course of Mr. Adams and
his friends in relation to the Panama mission. They are
intended to show that the fears, "felt or feigned," in re-
spect to that measure, were unfounded. They are in-
tended to revive the question on which great parties in
the country have been divided, and to convince the peo-
ple that the minority was right and the majority wrong'.
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Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Twentieth Congress, book, 1830; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30754/m1/81/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.