REFERENCE OF THE ANSWER TO A COMMITTEE OF THE WHOLE.

MARCH 31.--Mr. BLOUNT moved that the Message be referred to a Committee

of the Whole on the state of the Union.

Mr. GILES was of opinion it had better be referred to a Committee of the

Whole simply.

Mr. SEDGWICK saw no reason for such a reference. He wished gentlemen

would point out the object of the motion.

Mr. THATCHER saw no good to be obtained by referring it. The House had

requested the PRESIDENT to lay certain papers before them; the

PRESIDENT answers, that he has none for them. Why a reference? The House

asked a question; the PRESIDENT answered in the negative--for what

purpose refer the answer? what would be gained by it?

Mr. BLOUNT observed, that the PRESIDENT's Message stands upon the

journals of the House; he wished, also, that the House should state upon

their journals the reasons which influenced them to make the request.

Perhaps, also, he said, a consideration of the Message might lead to

some further measure proper to be adopted. He was indifferent whether it

was referred to a Committee of the Whole on the state of the Union, or a

Committee of the Whole, simply.

Mr. NICHOLAS remarked that it was prejudging the question to say that

nothing could arise out of a consideration of the Message. The present

is a crisis important in the affairs of the country, independently of

the Treaty. If the Message was a proper subject of discussion, it was

proper to refer it to a Committee of the Whole. He did not think a

reference to the Committee of the Whole on the state of the Union

proper; because the Message points to a subject differing from that

referred to that committee. The investigation at any rate could produce

nothing wrong.

Mr. GILES said, that the member from North Carolina (Mr. BLOUNT) had

explained the object he had in view by a reference. He preferred a

reference to a Committee of the Whole, independently; because the

Message itself would furnish matter enough for consideration by itself.

He should object to its being referred to the Committee of the Whole,

who are to take into consideration the British Treaty; because he never

would consent to act upon that subject till the papers deemed material

to the investigation were laid upon the table. He hoped the reference to

a Committee of the Whole, generally, would be agreed to. It certainly

would be proper for the House to state their reasons for the call. This

call had given rise to a great constitutional question; the PRESIDENT

had stated the reasons of his opinion; if the House were not convinced

by them, (and he owned that, for one, he was not,) then it would be

proper that they should present to the public their reasons for

differing with him.

Mr. THATCHER argued, that the reasons of the House were contained in the

speeches of members in favor of the motion; the papers had been filled

with them, and a pamphlet was going to be published containing them all.

If this was not sufficient, the gentlemen had better direct the pamphlet

to be copied on the journals.

Mr. WILLIAMS considered this a new question, and wished for time to

consider. The PRESIDENT's Message is only an answer to a request of the

House. It does not call for any thing to be done, then why a reference?

Such a reference would be unprecedented. Entering the reasons of the

House on the journals could produce no good. The House could not call

for the papers more than they had done. He reminded the House that

three weeks had already been spent in agreeing to the call; if they

agreed to the present motion, they would spend as much more in agreeing

to the reasons. The PRESIDENT, in his Message, had mentioned the

proceedings of the grand Convention; this was a new topic to him not

started in debate; when the Treaty is before the House, perhaps they

might wish to have the Message before them on that ground. He should

vote for the reference if gentlemen could assign (what they had not yet

done) a proper motive for it.

Mr. SEDGWICK urged that the reasons of the majority would make a large

book. Were the Committee of the Whole to turn authors and write a

dissertation on part of the constitution? The people did not send their

Representatives here for any such purpose, and he hoped it would not be

persisted in. If the reasons of the House were to be drafted, he

ventured to predict, that they would reach the end of their political

career before the discussion that must necessarily arise upon them would

be brought to a close. Such a measure would be unprecedented, and lead

to a great waste of time, and continually defeat the real objects of

their mission. The session had been long enough already, and it must be

lengthened to accomplish the necessary business of it. If the gentlemen

would write books, he was confident every body would buy them; but he

could not see the propriety of the present motion.

Mr. BLOUNT observed, that the PRESIDENT refers, in his Message, to the

debate in the House, and insinuates that the House contend for a right

not given them by the constitution. This was the first instance of any

importance of a difference between the House of Representatives and the

Executive respecting a great constitutional point; it was then proper to

make such a disposal of the Message as to enable the House to state

their reasons in support of their opinion, that the people may be

rightly informed, that they may see the House is attempting no

encroachment.

Mr. HEATH hoped the Message would not be passed over in silence. The

PRESIDENT surely is not infallible. A very important constitutional

question is involved; he hoped the reference would be agreed to.

Mr. SITGREAVES was against the motion. The House have made a demand on

the PRESIDENT; the PRESIDENT refused it; this must naturally put an end

to the correspondence on this subject. The difference of sentiment

between the two branches is not sufficient reason for converting the

journals of the House into a volume of debates. If the majority are to

place their reasons, the minority cannot be denied the same indulgence;

then for a rejoinder, rebutters, surrebutters, without end. From the

practice of the House, in a case analogous, a rule of conduct for the

present case may be drawn. When a bill is sent to the PRESIDENT, if he

dislikes it, he negatives and sends it to the House with his reasons.

Those reasons are put on the journals, as directed by the constitution;

but it contains nothing to direct or authorize the majority to register

their reasons, and thus to enter into a controversy. The return bill is

put to vote, and if two-thirds of each House agree to it, it passes; if

not, it falls to the ground, but no reasons are entered on the part of

the House.

Mr. GALLATIN said he did not expect the motion for a reference would

have met with any opposition. Some members are of opinion, that the

Message should be passed over in silence; others had resolved to ground

some act upon it. There exists a difference, then, on this first point.

The natural course is, then, a reference to a Committee of the Whole, to

determine whether the House would act further on the business.

In Committee of the Whole a discussion could be had concerning the

propriety of acting further on the Message. When the House made the call

for papers, they did not give their reasons in the resolution; it was

but a bare request. The PRESIDENT decided he could not comply with it.

If he had stopped here, perhaps there might be grounds for ending the

correspondence here; but he was not satisfied with this, but has entered

into his motives for refusing. Indeed, he had gone further; he had

adverted to the debates had in the House. He may be mistaken as to the

motives he ascribes to the House. In this delicate situation it is

certainly right to notice the Message, and to explain the real motives

of the House in support of the motion. If it is a novelty to reply to an

answer of the PRESIDENT's, it was equally a novelty, also, in making an

answer to notice a debate in support of a resolution. It is necessary to

refer the Message to a Committee of the Whole, to determine how to act.

He declared his mind was not made up upon this point, and therefore he

wished it referred to a Committee of the Whole. Not, however, to the

Committee on the state of the Union, because there exists no connection

with the subject referred to that committee. Referring to a Committee of

the Whole is deciding nothing, but only determining to examine; it could

not decide on the propriety of acting.

Mr. COOPER said, that the further the gentlemen travelled a wrong road,

the further they would get out of a true course, and the more difficult

it would be to return.

Mr. HARPER observed, that this was not the first attempt to get the

House to do something, to commit them to do something further. A motion

is now made to refer the Message to a Committee of the Whole, and the

House are told, that if the motion be carried, it is nothing, it is

deciding nothing, but will only lead to an inquiry whether the House

ought to act. He insisted that such a reference would in fact be

determining that they would act, and then, in committee, they would

determine how, and in that committee, he said they would be asked, why

did the House resolve itself into a Committee of the Whole if not to

act? So, when the Indian Treaty was ratified, a motion was made to

request the PRESIDENT to lay it before the House. When it was laid

before them, it was then contended that the House had a right to

interfere in the Treaty, or why ask for it? It could not be supposed

that gentlemen of any understanding could be imposed upon by such a

flimsy sophistry. It was now the proper time, and the House the proper

place, he contended, to settle the principle whether the House would

sanction any further proceedings on the Message. What reason could be

adduced for acting? It is said that the PRESIDENT has not only refused

the papers, but given his reasons for the refusal, and that his

reference to the debate, and the statement he made about the motives of

the House, might be found incorrect; that the PRESIDENT may have

attributed to the majority motives they were not willing to avow. The

motives had been avowed by the gentleman who led the business from

Pennsylvania.

Mr. HARPER was called to order. He concluded by declaring that he would

vote against the reference.

Mr. VARNUM observed, that a great constitutional question was to be

decided; two branches of the Government differed, and they had joined

issue. The PRESIDENT had given the reasons of his opinion; it was right,

also, that the people should know the sense of the House. Shall the

House take no further measures on the subject, and receive the answer of

the PRESIDENT as obligatory with regard to the question? He believed

every member of the House has, as well as the PRESIDENT, the right to

avow his principles, and to judge of the import of the different parts

of the constitution. The House he conceived under an obligation to

consider the question: if they found, upon consideration, reason to

recede from their opinions, he hoped they would. He wished the subject

examined with temper and candor.

Mr. KITTERA chiefly dwelt on the length of time, which, if the motion

was agreed to, would be consumed in the business. He also touched on the

impropriety of entering into a disquisition on the merits of this

question on the journals.

Mr. CRABB.--Mr. SPEAKER, I hope the Message received from the PRESIDENT,

in answer to the resolution of this House, calling for certain papers

relative to the British Treaty, will be referred to a Committee of the

whole House. My reasons for this wish are, because the PRESIDENT has

refused the papers on constitutional principles, and has thought proper

to go into a detail of the reasons which led to a formation of his

opinion; therefore I apprehend it proper to make the reference, in

order, that if the reasons urged by the PRESIDENT are such as to

convince this House that he is right as to the constitutional question,

that they may have an opportunity to acknowledge it, that it may be so

known and understood abroad, inasmuch as the contrary opinion has been

promulgated; and again, I wish the reference, that this House may, with

respect and calm deliberation, consider the PRESIDENT's Message, and the

reasons on which his refusal to send the papers is grounded, that if

those reasons are not such as to convince or change the opinion of this

House, they, in that case, may have an opportunity so to express

themselves, and to introduce resolutions to that effect, that the

opinion of this House, on this great constitutional question, after the

receipt and consideration of the PRESIDENT's Message, may be fully

known, clearly understood, and stamped on your journals. I think this a

necessary measure, inasmuch as sundry Treaties lately negotiated are now

before this House, and by a declaratory resolution, as before stated,

this House may save the constitutional principle, and feel themselves at

perfect liberty to pass the necessary laws to carry these Treaties into

complete effect, without conveying the implication, that they think they

are bound so to do, and have not a constitutional right to reject and

refuse, when even they shall judge the general prosperity of the Union,

and the interest of their constituents, may be promoted by that refusal.

Mr. GILES said, he had not expected the subject would have been treated

with ridicule, and that members in reply should advise others to go and

write pamphlets. The motives of a branch of Government must necessarily

differ from the motives of individuals expressed in their speeches. A

majority of the House, when their sentiments are collected, speak the

sense of the House. He adverted to the practice of the House when the

PRESIDENT returns a bill, which had been mentioned by the opposers of

the motion, and observed, that in cases of that kind the message of the

PRESIDENT was acted upon. He observed on the importance of the subject,

and insisted on the propriety of the House expressing their reasons for

their vote. They owe it to themselves, to the United States, to the

whole world, to exhibit their reasons for what the PRESIDENT has

declared to be an unconstitutional call. For this purpose, the Message

should be referred to a Committee of the Whole, where a proper motion

would be brought forward, and could be freely discussed. If it had been

proposed to refer the Message to a select committee, to place the

business into a few hands, there might have been an objection, but a

reference to a Committee of the Whole he considered quite

unexceptionable.

Mr. N. SMITH said the present was a most singular motion; and, after

noticing the several reasons which had been given for the measure,

thought none of them had any weight. He said the referring of the

Message could only have one effect; it would engage three weeks more of

their time; and yet, gentlemen who had been very economical with respect

to time, on the late great constitutional point, by calling for the

question from day to day, now proposed to consume it in the way

proposed. He should, however, now show that economy on account of time,

which had been so much insisted upon on a former occasion.

The yeas and nays were now taken on the question of a reference of the

PRESIDENT's Message to a Committee of the Whole; and the motion was

agreed to--yeas 55, nays 37.

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