Life and Times of Washington, Volume 2 / Revised, Enlarged, and Enriched

by John Frederick Schroeder; Benson John Lossing

But Washington viewed every question which came before him with a single eye to the performance of his duty to the country. Hitherto, on more than one occasion, he had proved himself the defender of the constitution, but he had never been called upon to defend it against so formidable an attack as that which was now made.

That the future diplomatic transactions of the government might be seriously and permanently affected by establishing the principle that the House of Representatives could demand, as a right, the instructions given to a foreign minister, and all the papers connected with a negotiation, was too apparent to be unobserved. Nor was it less obvious that a compliance with the request now made would go far in establishing this principle. The form of the request, and the motives which induced it, equally led to this conclusion. It left nothing to the discretion of the President with regard to the public interests, and the information was asked for the avowed purpose of determining whether the House of Representatives would give effect to a public treaty.

It was also a subject for serious reflection that, in a debate unusually elaborate, the House of Representatives had claimed a right of interference in the formation of treaties, which, in the judgment of the President, the constitution had denied them. Duties the most sacred requiring that he should resist this encroachment on the department which was particularly confided to him, he could not hesitate respecting the course it became him to take, and on the 30th of March he returned to the House the following answer to their resolution:

"With the utmost attention I have considered your resolution of the 24th instant, requesting me to lay before your House a copy of the instructions to the minister of the United States, who negotiated the treaty with the King of Great Britain, together with the correspondence and other documents relative to that treaty, excepting such of the said papers as any existing negotiation may render improper to be disclosed.

"In deliberating upon this subject it was impossible for me to lose sight of the principle which some have avowed in its discussion, or to avoid extending my views to the consequences which must flow from the admission of that principle.

"I trust that no part of my conduct has ever indicated a disposition to withhold any information which the constitution has enjoined it upon the President as a duty to give or which could be required of him by either House of Congress as a right, and with truth I affirm, that it has been, as it will continue to be, while I have the honor to preside in the government, my constant endeavor to harmonize with the other branches thereof, so far as the trust delegated to me by the people of the United States, and my sense of the obligation it imposes to preserve, protect and defend the constitution will permit.

"The nature of foreign negotiations requires caution, and their success must often depend on secrecy, and even when brought to a conclusion, a full disclosure of all the measures, demands, or eventual concessions which may have been proposed or contemplated, would be extremely impolitic, for this might have a pernicious influence on future negotiations or produce immediate inconveniences, perhaps danger and mischief to other persons. The necessity of such caution and secrecy was one cogent reason for vesting the power of making treaties in the President with the advice and consent of the Senate, the principle on which that body was formed confining it to a small number of members.

"To admit, then, a right in the House of Representatives to demand and to have as a matter of course, all the papers respecting a negotiation with a foreign power, would be to establish a dangerous precedent.

"It does not occur that the inspection of the papers asked for can be relative to any purpose under the cognizance of the House of Representatives, except that of an impeachment, which the resolution has not expressed. I repeat, that I have no disposition to withhold any information which the duty of my station will permit or the public good shall require to be disclosed, and, in fact, all the papers affecting the negotiation with Great Britain were laid before the Senate, when the treaty itself was communicated for their consideration and advice.

"The course which the debate has taken on the resolution of the House, leads to some observations on the mode of making treaties under the constitution of the United States.