Mr. Smilie was in favor of the widest publicity in every case where it would not prove injurious; and there were, in his opinion, very few cases in which it ought not to take place. He could not, however, withhold one remark; that gentlemen should object to the mode now proposed, a mode similar to that adopted in like cases, greatly surprised him. [He here quoted the proceedings of the House on a call for papers in the case of the British Treaty.] That case furnished a precedent, by which it appeared that a motion for information was referred to a Committee of the Whole for a more full discussion.
Mr. Davis observed that, as he lived in that district of country most materially affected by the subject before the House, he thought it proper to express his opinion on the motion. He said he did not know what reason could be assigned for the motion, but that expressed by the gentleman from Virginia, to go into a Committee of the Whole in private, to propose certain resolutions that required secrecy.
Mr. D. said it had been his purpose yesterday to have submitted certain resolutions, which he should have done, but for the motion of the gentleman from Connecticut calling for information; after it was made he was willing to wait until all information was obtained that could be furnished. Suppose we go into a Committee of the Whole, what light can we expect from their deliberation? We can gain nothing. But let the call for information prevail; let us draw from the President such information as he may think it proper to give; and let us then refer that information to a Committee of the Whole, and they will be able to deliberate wisely. What use can it be to take a step from which no benefit can be derived? As to the call on the President, he will not give us any thing that is improper. How does the gentleman from Virginia know what light this information may throw on the subject? Is he prepared to say it will throw no light on this subject? If he is, Mr. D. said he himself was not. He might have ways of acquiring the secrets of the Cabinet; but for himself he had no such opportunities. Mr. D. concluded by declaring himself against the motion.
Mr. Randolph was compelled again reluctantly to trespass on the indulgence of the House, to assure them, and the gentleman from Kentucky, that his motion did not comprehend a refusal to agree to the call for information made by the gentleman from Connecticut. After going into committee, they might, perhaps, either by a unanimous vote, or by that of a majority, agree to the resolution. Benefit might arise, and no mischief possibly could, from going into a Committee of the Whole.
Mr. Huger must acknowledge that he could not understand the object of those who were for refusing this information. If they had any objection to asking the information, let them inform us what it is. And if they have no objection, why go into a Committee of the Whole; which, if gone into, must be with closed doors? The question alluded to in the British Treaty was very different from this. In that case, one part of the House thought they had a right to demand the information of the Executive, and that he was bound to deliver it; while the other part of the House neither acknowledged the right to demand, nor the obligation to obey. The present case was entirely different. We ask nothing but what the Executive shall think proper to furnish, we are as cautious as we can possibly be; we even go so far as to put words in the President's mouth, if he shall think there is any impropriety in giving the information. Gentlemen certainly have confidence in the Executive, that he will tell us if the information is improper to be furnished.
Mr. H. could not but express his surprise that the House had received no official documents on this important subject. He could not comprehend why Congress should not know the contents of the convention. If proper, we ought to have these documents; and if not proper, we ought to have a reason for it. The country was in a state of serious alarm; and it might have a bad effect if something was not immediately done, and a disposition exhibited to act, in case it should prove necessary.
Mr. Smilie said the gentleman, from South Carolina (Mr. Huger) was incorrect, when he stated that, in the case of the British Treaty one set of gentlemen had contended for the right of the House to demand papers. If this had been so, the resolution then proposed would have been peremptory; whereas the fact was that it was qualified by an exception of such papers as the President might consider it improper to furnish. [Mr. Smilie here quoted the journals, which confirmed his remark.]
Mr. Gregg said it would be allowed that this was an important resolution, which related to an important subject. This was, he believed, the first instance in which a resolution allowed to be important, had been refused a reference to a Committee of the Whole. On this principle his vote would be decided. If the motion did not prevail he should then move that the resolution should be printed before it was acted upon.
Mr. Griswold would not object to the reference if the object were to obtain a more full discussion of the resolution. He was generally in favor of such references, as the discussion was conducted in a Committee of the Whole on a freer scale than in the House. On this principle it was, that the call for papers respecting the British Treaty was referred to a Committee of the Whole. But it had not been referred to a Committee of the Whole on the state of the Union.
He, however, understood the object of gentlemen to be to refer the resolution to a Committee of the Whole, for the purpose of discussing it with closed doors. If that were the object, he should oppose it. For, he would say, nothing of secrecy could arise out of the discussion of this resolution. He did not wish that a resolution so important should be referred to a secret committee. If gentlemen mean to deny us this information, let them deny it in public. Let them not do it in a secret committee. Surely they can have no such unworthy motives.