A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term)
History
A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term)
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The resolution is preceded by a preamble which alleges as reasons for
this request that the causes which may have produced the removal of the
officer referred to may contain information necessary to the action of
the Senate on the nomination of his successor and to the investigation
now in progress respecting the frauds in the sales of the public lands.
This is another of those calls for information made upon me by the
Senate which have, in my judgment, either related to the subjects
exclusively belonging to the executive department or otherwise
encroached on the constitutional powers of the Executive. Without
conceding the right of the Senate to make either of these requests,
I have yet, for the various reasons heretofore assigned in my several
replies, deemed it expedient to comply with several of them. It is now,
however, my solemn conviction that I ought no longer, from any motive
nor in any degree, to yield to these unconstitutional demands. Their
continued repetition imposes on me, as the representative and trustee of
the American people, the painful but imperious duty of resisting to the
utmost any further encroachment on the rights of the Executive. This
course is especially due to the present resolution. The President in
cases of this nature possesses the exclusive power of removal from
office, and, under the sanctions of his official oath and of his
liability to impeachment, he is bound to exercise it whenever the public
welfare shall require. If, on the other hand, from corrupt motives he
abuses this power, he is exposed to the same responsibilities. On no
principle known to our institutions can he be required to account
for the manner in which he discharges this portion of his public
duties, save only in the mode and under the forms prescribed by the
Constitution. The suggestion that the charges a copy of which is
requested by the Senate "may contain information necessary to their
action" on a nomination now before them can not vary the principle.
There is no necessary connection between the two subjects, and even if
there were the Senate have no right to call for that portion of these
matters which appertains to the separate and independent action of the
Executive. The intimation that these charges may also be necessary
"to the investigation now in progress respecting frauds in the sales of
public lands" is still more insufficient to authorize the present call.
Those investigations were instituted and have thus far been conducted
by the Senate in their legislative capacity, and with the view, it
is presumed, to some legislative action. If the President has in his
possession any information on the subject of such frauds, it is his duty
to communicate it to Congress, and it may undoubtedly be called for by
either House sitting in its legislative capacity, though even from such
a call all matters properly belonging to the exclusive duties of the
President must of necessity be exempted.
Public-domain text, read in full here on John Shaqi.
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