JAMES K. POLK.

WASHINGTON, _January 12, 1848_.

_To the House of Representatives of the United States_:

I have carefully considered the resolution of the House of

Representatives of the 4th instant, requesting the President to

communicate to that House "any instructions which may have been given to

any of the officers of the Army or Navy of the United States, or other

persons, in regard to the return of President General Lopez de Santa

Anna, or any other Mexican, to the Republic of Mexico prior or

subsequent to the order of the President or Secretary of War issued in

January, 1846, for the march of the Army from the Nueces River, across

the 'stupendous deserts' which intervene, to the Rio Grande; that the

date of all such instructions, orders, and correspondence be set forth,

together with the instructions and orders issued to Mr. Slidell at any

time prior or subsequent to his departure for Mexico as minister

plenipotentiary of the United States to that Republic;" and requesting

the President also to "communicate all the orders and correspondence of

the Government in relation to the return of General Paredes to Mexico."

I transmit herewith reports from the Secretary of State, the Secretary

of War, and the Secretary of the Navy, with the documents accompanying

the same, which contain all the information in the possession of the

Executive which it is deemed compatible with the public interests to

communicate.

For further information relating to the return of Santa Anna to Mexico I

refer you to my annual message of December 8, 1846. The facts and

considerations stated in that message induced the order of the Secretary

of the Navy to the commander of our squadron in the Gulf of Mexico a

copy of which is herewith communicated. This order was issued

simultaneously with the order to blockade the coasts of Mexico, both

bearing date the 13th of May, 1846, the day on which the existence of

the war with Mexico was recognized by Congress. It was issued solely

upon the views of policy presented in that message, and without any

understanding on the subject, direct or indirect, with Santa Anna or any

other person.

General Paredes evaded the vigilance of our combined forces by land and

sea, and made his way back to Mexico from the exile into which he had

been driven, landing at Vera Cruz after that city and the castle of San

Juan de Ulloa were in our military occupation, as will appear from the

accompanying reports and documents.

The resolution calls for the "instructions and orders issued to Mr.

Slidell at any time prior or subsequent to his departure for Mexico as

minister plenipotentiary of the United States to that Republic." The

customary and usual reservation contained in calls of either House of

Congress upon the Executive for information relating to our intercourse

with foreign nations has been omitted in the resolution before me. The

call of the House is unconditional. It is that the information requested

be communicated, and thereby be made public, whether in the opinion of

the Executive (who is charged by the Constitution with the duty of

conducting negotiations with foreign powers) such information, when

disclosed, would be prejudicial to the public interest or not. It has

been a subject of serious deliberation with me whether I could,

consistently with my constitutional duty and my sense of the public

interests involved and to be affected by it, violate an important

principle, always heretofore held sacred by my predecessors, as I should

do by a compliance with the request of the House. President Washington,

in a message to the House of Representatives of the 30th of March, 1796,

declined to comply with a request contained in a resolution of that

body, to lay before them "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 assigning his

reasons for declining to comply with the call he declared that--

The nature of foreign negotiations requires 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, in relation to other powers. 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.

In that case the instructions and documents called for related to a

treaty which had been concluded and ratified by the President and

Senate, and the negotiations in relation to it had been terminated.

There was an express reservation, too, "excepting" from the call all

such papers as related to "any existing negotiations" which it might be

improper to disclose. In that case President Washington deemed it to be

a violation of an important principle, the establishment of a "dangerous

precedent," and prejudicial to the public interests to comply with the

call of the House. Without deeming it to be necessary on the present

occasion to examine or decide upon the other reasons assigned by him for

his refusal to communicate the information requested by the House, the

one which is herein recited is in my judgment conclusive in the case

under consideration.

Indeed, the objections to complying with the request of the House

contained in the resolution before me are much stronger than those which

existed in the case of the resolution in 1796. This resolution calls for

the "instructions and orders" to the minister of the United States to

Mexico which relate to negotiations which have not been terminated, and

which may be resumed. The information called for respects negotiations

which the United States offered to open with Mexico immediately

preceding the commencement of the existing war. The instructions given

to the minister of the United States relate to the differences between

the two countries out of which the war grew and the terms of adjustment

which we were prepared to offer to Mexico in our anxiety to prevent the

war. These differences still remain unsettled, and to comply with the

call of the House would be to make public through that channel, and to

communicate to Mexico, now a public enemy engaged in war, information

which could not fail to produce serious embarrassment in any future

negotiation between the two countries. I have heretofore communicated to

Congress all the correspondence of the minister of the United States to

Mexico which in the existing state of our relations with that Republic

can, in my judgment, be at this time communicated without serious injury

to the public interest.

Entertaining this conviction, and with a sincere desire to furnish any

information which may be in possession of the executive department, and

which either House of Congress may at any time request, I regard it to

be my constitutional right and my solemn duty under the circumstances of

this case to decline a compliance with the request of the House

contained in their resolution.

A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk · 第 172 / 289 题