Resolved, That the President of the United States be requested to direct the proper officer to lay before this House copies of such official documents as have been received by this Government, announcing the cession of Louisiana to France, together with a report explaining the stipulations, circumstances, and conditions, under which that province is to be delivered up: unless such documents and report will, in the opinion of the President, divulge to the House particular transactions not proper at this time to be communicated.
The question was put on taking it into consideration, and carried—yeas 35, nays 32.
Mr. Randolph observed that the discussion on this motion might embrace points nearly connected with the subject referred to a committee of the Whole on the state of the Union, and which had been discussed with closed doors. He therefore thought it would be expedient to commit this motion also to the Committee of the Whole on the state of the Union, to whom had been committed the Message of the President respecting New Orleans.
Mr. Griswold hoped the motion would not prevail. He did not see what argument could be urged in favor of it. The resolution related to a public transaction stated on their journal. He did not think that any thing which ought to be kept secret could be involved in the discussion of it. What is its purport? It only requests the President to furnish documents respecting "the cession of the Spanish province of Louisiana to France, which took place in the course of the late war," and which the President says "will, if carried into effect, make a change in the aspect of our foreign relations, which will doubtless have just weight in any deliberations of the Legislature connected with this subject."
Are not, said Mr. G., these papers important to the House? Does not the President refer to them as important to enlighten us? He speaks of the cession as a fact. He took it for granted the President would not make the declaration unless he had official information of its truth. Ought not the House to be possessed of all the important information in the power of the Executive to give? It certainly ought. Every gentleman would agree that the House ought to have all the information. If the information is confidential, it will be received with closed doors. But the question, whether the House shall obtain this information is a public question; and there was not a man within those walls, or in the United States, who would not say that the Legislature ought to possess every information on a subject so deeply interesting. Why, then, refer this resolution calling for information to a committee? Why postpone it? They had but a short time to sit. More than half the session was already elapsed. Is it not time to gain information? Mr. G. said, he would venture to declare that no subject so important could be brought before the Legislature this session. Ought we not, therefore, on such a subject, to take immediate means to gain information? He hoped the House would not agree to the reference, which could have no effect but to put the resolution asleep, and deprive the Legislature of information they ought to possess.
Mr. Randolph said, as he had expressed his disinclination to discuss a proposition with open doors which would trench on the decision of the House to discuss a subject to which it intimately related with closed doors, it could scarcely be expected that he should indulge the gentleman in entering into arguments calculated to carry him from his purpose. But he denied that the adoption of his motion would be a refusal to give information. He well knew that there was nothing easier than to declare the subject vastly important, and to make an eloquent harangue upon it, and to infer that those who did not immediately agree to the resolution were averse to giving information, and to going into a discussion of the merits of the main subject. It would, however, not be expected that he should enter upon these on a preliminary resolution. But he would assure the gentleman who had submitted this resolution, that, so far from indulging any disposition to be dilatory in his attention to this important subject, he came yesterday prepared to make a motion that the House should go into a Committee of the Whole on the subject, which motion he should have then made but for that offered by the gentleman from Connecticut.
Mr. Rutledge said that, did he consider that the giving publicity to any information on this subject would in the least interfere with the constitutional functions of the President, he would be the last man to support the resolution of his friend from Connecticut. But he could not conceive that this could be its effect. What were they about to ask? They were about to ask, in respectful terms, the President for information relative to what he states as a fact; so much information as he may think it expedient to give. Surely there would be no impropriety in this. The cession of Louisiana had been stated in all the public prints of Europe and this country, and on the floor of the British Parliament. This cession had been made a year ago, and, notwithstanding the elapse of this time, we have received no official information on this subject. Is it not natural for the people to ask why Congress do not call for this information? Will they not say the President has done his duty in stating the fact? Upon this subject, so very important, are they to be kept in the dark? Mr. R. could not conceive any turn of the debate on this resolution that could produce a discussion of the merits of the Message referred to the Committee of the Whole. If the President shall say the information he gives us ought not to be made public, he would answer for himself, and he believed he could answer for his friends, that they would not seek a public discussion. And if the information is imparted without confidence, the House, if it see fit, can itself control a public discussion. Mr. R. concluded with saying that, in the present case, he was for deciding on the resolution with open doors.
Mr. S. Smith thought this point ought in a great measure to be determined by the custom of the House in similar cases. He did not assert it as a fact, but, from recollection, he believed it was so, that when a call was made for papers in the case of the British Treaty, the question was referred to a Committee of the Whole, and there fully discussed. According to his recollection, one side of the House called for papers on the principle that, after negotiations were terminated, the House had a right to information before they made a grant of money under a treaty, but acknowledging that a call for such information might be improper during a pending negotiation. He was one of those who thought it proper, on that occasion, that the House should have the papers; but he also thought it improper, and had then so declared, to call for papers during a pending negotiation. Whether in the present instance a negotiation was pending or was not, he did not know. He was, therefore, for postponing the resolution till this was known to the House.
Mr. Dana said that he did not know, nor had he heard from any quarter, that there was any negotiation depending respecting the cession of Louisiana. The President has informed us of the fact. All that the resolution asks are official documents respecting the cession, with the stipulations, circumstances, and conditions, under which it is to be delivered up. He could not see the impropriety of such a request. But if the President deem it improper to furnish the information, we do not assert our right to demand it. There are two views in which this information may be important; that which may throw light on the boundaries of the province as ceded; and another, whether the province is to be ceded to the French in the condition it shall be in when actually delivered up, or whether subject to the conditions in which it was held according to treaty by Spain. This is important information to guide our deliberations; information not depending upon an existing negotiation, but upon a negotiation decided.
Mr. Griswold called for the taking of the yeas and nays.