JAMES K. POLK.

WASHINGTON, _April 20, 1846_.

_To the House of Representatives_:

I have considered the resolution of the House of Representatives of the

9th instant, by which I am requested "to cause to be furnished to that

House an account of all payments made on President's certificates

from the fund appropriated by law, through the agency of the State

Department, for the contingent expenses of foreign intercourse from the

4th of March, 1841, until the retirement of Daniel Webster from the

Department of State, with copies of all entries, receipts, letters,

vouchers, memorandums, or other evidence of such payments, to whom paid,

for what, and particularly all concerning the northeastern-boundary

dispute with Great Britain."

With an anxious desire to furnish to the House any information requested

by that body which may be in the Executive Departments, I have felt

bound by a sense of public duty to inquire how far I could with

propriety, or consistently with the existing laws, respond to their

call.

The usual annual appropriation "for the contingent expenses of

intercourse between the United States and foreign nations" has been

disbursed since the date of the act of May 1, 1810, in pursuance of

its provisions. By the third section of that act it is provided--

That when any sum or sums of money shall be drawn from the Treasury

under any law making appropriation for the contingent expenses of

intercourse between the United States and foreign nations the President

shall be, and he is hereby, authorized to cause the same to be duly

settled annually with the accounting officers of the Treasury in the

manner following; that is to say, by causing the same to be accounted

for specially in all instances wherein the expenditure thereof may in

his judgment be made public, and by making a certificate of the amount

of such expenditures as he may think it advisable not to specify; and

every such certificate shall be deemed a sufficient voucher for the sum

or sums therein expressed to have been expended.

Two distinct classes of expenditure are authorized by this law--the one

of a public and the other of a private and confidential character. The

President in office at the time of the expenditure is made by the law

the sole judge whether it shall be public or private. Such sums are to

be "accounted for specially in all instances wherein the expenditure

thereof may in his judgment be made public." All expenditures "accounted

for specially" are settled at the Treasury upon vouchers, and not on

"President's certificates," and, like all other public accounts, are

subject to be called for by Congress, and are open to public

examination. Had information as respects this class of expenditures been

called for by the resolution of the House, it would have been promptly

communicated.

Congress, foreseeing that it might become necessary and proper to apply

portions of this fund for objects the original accounts and vouchers for

which could not be "made public" without injury to the public interests,

authorized the President, instead of such accounts and vouchers, to make

a certificate of the amount "of such expenditures as he may think it

advisable not to specify," and have provided that "every such

certificate shall be deemed a sufficient voucher for the sum or sums

therein expressed to have been expended."

The law making these provisions is in full force. It is binding upon all

the departments of the Government, and especially upon the Executive,

whose duty it is "to take care that the laws be faithfully executed." In

the exercise of the discretion lodged by it in the Executive several of

my predecessors have made "certificates" of the amount "of such

expenditures as they have thought it advisable not to specify," and upon

these certificates as the only vouchers settlements have been made at

the Treasury.

It appears that within the period specified in the resolution of the

House certificates were given by my immediate predecessor, upon which

settlements have been made at the Treasury, amounting to $5,460. He has

solemnly determined that the objects and items of these expenditures

should not be made public, and has given his certificates to that

effect, which are placed upon the records of the country. Under the

direct authority of an existing law, he has exercised the power of

placing these expenditures under the seal of confidence, and the whole

matter was terminated before I came into office. An important question

arises, whether a subsequent President, either voluntarily or at the

request of one branch of Congress, can without a violation of the spirit

of the law revise the acts of his predecessor and expose to public view

that which he had determined should not be "made public." If not a

matter of strict duty, it would certainly be a safe general rule that

this should not be done. Indeed, it may well happen, and probably would

happen, that the President for the time being would not be in possession

of the information upon which his predecessor acted, and could not,

therefore, have the means of judging whether he had exercised his

discretion wisely or not. The law requires no other voucher but the

President's certificate, and there is nothing in its provisions which

requires any "entries, receipts, letters, vouchers, memorandums, or

other evidence of such payments" to be preserved in the executive

department. The President who makes the "certificate" may, if he

chooses, keep all the information and evidence upon which he acts in his

own possession. If, for the information of his successors, he shall

leave the evidence on which he acts and the items of the expenditures

which make up the sum for which he has given his "certificate" on the

confidential files of one of the Executive Departments, they do not in

any proper sense become thereby public records. They are never seen or

examined by the accounting officers of the Treasury when they settle an

account on the "President's certificate." The First Congress of the

United States on the 1st of July, 1790, passed an act "providing the

means of intercourse between the United States and foreign nations," by

which a similar provision to that which now exists was made for the

settlement of such expenditures as in the judgment of the President

ought not to be made public. This act was limited in its duration. It

was continued for a limited term in 1793, and between that time and the

date of the act of May 1, 1810, which is now in force, the same

provision was revived and continued. Expenditures were made and settled

under Presidential certificates in pursuance of these laws.

If the President may answer the present call, he must answer similar

calls for every such expenditure of a confidential character, made under

every Administration, in war and in peace, from the organization of the

Government to the present period. To break the seal of confidence

imposed by the law, and heretofore uniformly preserved, would be

subversive of the very purpose for which the law was enacted, and might

be productive of the most disastrous consequences. The expenditures of

this confidential character, it is believed, were never before sought to

be made public, and I should greatly apprehend the consequences of

establishing a precedent which would render such disclosures hereafter

inevitable.

I am fully aware of the strong and correct public feeling which exists

throughout the country against secrecy of any kind in the administration

of the Government, and especially in reference to public expenditures;

yet our foreign negotiations are wisely and properly confined to the

knowledge of the Executive during their pendency. Our laws require the

accounts of every particular expenditure to be rendered and publicly

settled at the Treasury Department. The single exception which exists is

not that the amounts embraced under President's certificates shall be

withheld from the public, but merely that the items of which these are

composed shall not be divulged. To this extent, and no further, is

secrecy observed.

The laudable vigilance of the people in regard to all the expenditures

of the Government, as well as a sense of duty on the part of the

President and a desire to retain the good opinion of his

fellow-citizens, will prevent any sum expended from being accounted for

by the President's certificate unless in cases of urgent necessity. Such

certificates have therefore been resorted to but seldom throughout our

past history.

For my own part, I have not caused any account whatever to be settled on

a Presidential certificate. I have had no occasion rendering it

necessary in my judgment to make such a certificate, and it would be an

extreme case which would ever induce me to exercise this authority; yet

if such a case should arise it would be my duty to assume the

responsibility devolved on me by the law.

During my Administration all expenditures for contingent expenses of

foreign intercourse in which the accounts have been closed have been

settled upon regular vouchers, as all other public accounts are settled

at the Treasury.

It may be alleged that the power of impeachment belongs to the House of

Representatives, and that, with a view to the exercise of this power,

that House has the right to investigate the conduct of all public

officers under the Government. This is cheerfully admitted. In such a

case the safety of the Republic would be the supreme law, and the power

of the House in the pursuit of this object would penetrate into the most

secret recesses of the Executive Departments. It could command the

attendance of any and every agent of the Government, and compel them to

produce all papers, public or private, official or unofficial, and to

testify on oath to all facts within their knowledge. But even in a case

of that kind they would adopt all wise precautions to prevent the

exposure of all such matters the publication of which might injuriously

affect the public interest, except so far as this might be necessary to

accomplish the great ends of public justice. If the House of

Representatives, as the grand inquest of the nation, should at any time

have reason to believe that there has been malversation in office by an

improper use or application of the public money by a public officer, and

should think proper to institute an inquiry into the matter, all the

archives and papers of the Executive Departments, public or private,

would be subject to the inspection and control of a committee of their

body and every facility in the power of the Executive be afforded to

enable them to prosecute the investigation.

The experience of every nation on earth has demonstrated that

emergencies may arise in which it becomes absolutely necessary for the

public safety or the public good to make expenditures the very object of

which would be defeated by publicity. Some governments have very large

amounts at their disposal, and have made vastly greater expenditures

than the small amounts which have from time to time been accounted for

on President's certificates. In no nation is the application of such

sums ever made public. In time of war or impending danger the situation

of the country may make it necessary to employ individuals for the

purpose of obtaining information or rendering other important services

who could never be prevailed upon to act if they entertained the least

apprehension that their names or their agency would in any contingency

be divulged. So it may often become necessary to incur an expenditure

for an object highly useful to the country; for example, the conclusion

of a treaty with a barbarian power whose customs require on such

occasions the use of presents. But this object might be altogether

defeated by the intrigues of other powers if our purposes were to be

made known by the exhibition of the original papers and vouchers to the

accounting officers of the Treasury. It would be easy to specify other

cases which may occur in the history of a great nation, in its

intercourse with other nations, wherein it might become absolutely

necessary to incur expenditures for objects which could never be

accomplished if it were suspected in advance that the items of

expenditure and the agencies employed would be made public.

Actuated undoubtedly by considerations of this kind, Congress provided

such a fund, coeval with the organization of the Government, and

subsequently enacted the law of 1810 as the permanent law of the land.

While this law exists in full force I feel bound by a high sense of

public policy and duty to observe its provisions and the uniform

practice of my predecessors under it.

With great respect for the House of Representatives and an anxious

desire to conform to their wishes, I am constrained to come to this

conclusion.

If Congress disapprove the policy of the law, they may repeal its

provisions.

In reply to that portion of the resolution of the House which calls for

"copies of whatever communications were made from the Secretary of State

during the last session of the Twenty-seventh Congress, particularly

February, 1843, to Mr. Cushing and Mr. Adams, members of the Committee

of this House on Foreign Affairs, of the wish of the President of the

United States to institute a special mission to Great Britain," I have

to state that no such communications or copies of them are found in the

Department of State.

"Copies of all letters on the books of the Department of State to any

officer of the United States or any person in New York concerning

Alexander McLeod," which are also called for by the resolution, are

herewith communicated.

A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk · 第 59 / 289 题