The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
March the 31st. A meeting at the President's; present, Thomas Jefferson,
Alexander Hamilton, Henry Knox and Edmond Randolph. The subject was
the resolution of the House of Representatives, of March the 27th, to
appoint a committee to inquire into the causes of the failure of the late
expedition under Major General St. Clair, with the power to call for
such persons, papers and records, as may be necessary to assist their
inquiries. The committee had written to Knox for the original letters,
instructions, &c. The President had called us to consult, merely because
it was the first example, and he wished that so far as it should become
a precedent, it should be rightly conducted. He neither acknowledged nor
denied, nor even doubted the propriety of what the House were doing,
for he had not thought upon it, nor was acquainted with subjects of
this kind: he could readily conceive there might be papers of so secret
a nature, as that they ought not to be given up. We were not prepared,
and wished time to think and inquire.
* * * * *
April the 2d. Met again at the President's, on the same subject. We
had all considered, and were of one mind, first, that the House was an
inquest, and therefore might institute inquiries. Second, that it might
call for papers generally. Third, that the executive ought to communicate
such papers as the public good would permit, and ought to refuse those,
the disclosure of which would injure the public: consequently were to
exercise a discretion. Fourth, that neither the committee nor House
had a right to call on the Head of a department, who and whose papers
were under the President alone; but that the committee should instruct
their chairman to move the House to address the President. We had
principally consulted the proceedings of the Commons in the case of Sir
Robert Walpole, 13 Chandler's Debates. For the first point, see pages
161, 170, 172, 183, 187, 207; for the second, pages 153, 173, 207; for
the third, 81, 173, appendix page 44; fourth, page 246. Note; Hamilton
agreed with us in all these points, except as to the power of the House
to call on Heads of departments. He observed, that as to his department,
the act constituting it had made it subject to Congress in some points,
but he thought himself not so far subject, as to be obliged to produce
all the papers they might call for. They might demand secrets of a very
mischievous nature. [Here I thought he began to fear they would go on to
examining how far their own members and other persons in the government
had been dabbling in stocks, banks, &c., and that he probably would
choose in this case to deny their power; and, in short, he endeavored to
place himself subject to the House, when the executive should propose
what he did not like, and subject to the executive, when the House
should propose anything disagreeable.] I observed here a difference
between the British parliament and our Congress; that the former was a
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