The resolution now before me purports to have been passed in executive session, and I am bound to presume that if the information requested therein should be communicated it would be applied in secret session to "the investigation of frauds in the sales of the public lands." But, if so applied, the distinction between the executive and legislative functions of the Senate would not only be destroyed, but the citizen whose conduct is impeached would lose one of his valuable securities, that which is afforded by a public investigation in the presence of his accusers and of the witnesses against him. Besides, a compliance with the present resolution would in all probability subject the conduct and motives of the President in the case of Mr. Fitz to the review of the Senate when not sitting as judges on an impeachment, and even if this consequence should not occur in the present case the compliance of the Executive might hereafter be quoted as a precedent for similar and repeated applications, Such a result, if acquiesced in, would ultimately subject the independent constitutional action of the Executive in a matter of great national concernment to the domination and control of the Senate; if not acquiesced in, it would lead to collisions between coordinate branches of the Government, well calculated to expose the parties to indignity and reproach and to inflict on the public interest serious and lasting mischief. I therefore decline a compliance with so much of the resolution of the Senate as requests "copies of the charges, if any," in relation to Mr. Fitz, and in doing so must be distinctly understood as neither affirming nor denying that any such charges were made; but as the Senate may lawfully call upon the President for information properly appertaining to nominations submitted to them, I have the honor, in this respect, to reply that I have none to give them in the case of the person nominated as successor to Mr. Fitz, except that I believe him, from sources entitled to the highest credit, to be well qualified in abilities and character to discharge the duties of the office in question. ANDREW JACKSON. WASHINGTON, _February 14, 1835_. _To the Senate of the United States_: I beg leave to call the attention of Congress to the accompanying communication from the Secretary of War, from which it appears that the "act for the relief of Benedict Alford and Robert Brush," although signed and duly certified by the proper officers as having passed the two Houses of Congress at their last session, had not in fact obtained the sanction of that body when it was presented to the President for his approval. Under these circumstances it is thought that the subject is worthy of the consideration of Congress. ANDREW JACKSON. WASHINGTON, _February 16, 1835_. _To the House of Representatives of the United States_: