But these considerations were opposed by others which, though less operative with men who fear to deserve the public favour by hazarding its loss, possess an irresistible influence over a mind resolved to pursue steadily the path of duty, however it may abound with thorns.
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 the following answer to the resolution which had been presented to him.
"Gentlemen of the house of representatives,
"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 honour to preside in the government, my constant endeavour 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[41] will permit.
"The nature of foreign negotiations require 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.