A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
History
A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
Presidents -- United States; Tyler, John, 1790-1862; United States -- History -- Sources; United States -- Politics and government
If by the assertion of this claim of right to call upon the Executive
for all the information in its possession relating to any subject of the
deliberation of the House, and within the sphere of its legitimate
powers, it is intended to assert also that the Executive is bound to
comply with such call without the authority to exercise any discretion
on its part in reference to the nature of the information required or to
the interests of the country or of individuals to be affected by such
compliance, then do I feel bound, in the discharge of the high duty
imposed upon me "to preserve, protect, and defend the Constitution of
the United States," to declare in the most respectful manner my entire
dissent from such a proposition. The instrument from which the several
departments of the Government derive their authority makes each
independent of the other in the discharge of their respective functions.
The injunction of the Constitution that the President "shall take care
that the laws be faithfully executed" necessarily confers an authority
commensurate with the obligation imposed to inquire into the manner in
which all public agents perform the duties assigned to them by law. To
be effective these inquiries must often be confidential. They may result
in the collection of truth or of falsehood, or they may be incomplete
and may require further prosecution. To maintain that the President
can exercise no discretion as to the time in which the matters thus
collected shall be promulgated or in respect to the character of
the information obtained would deprive him at once of the means of
performing one of the most salutary duties of his office. An inquiry
might be arrested at its first stage and the officers whose conduct
demanded investigation may be enabled to elude or defeat it. To require
from the Executive the transfer of this discretion to a coordinate
branch of the Government is equivalent to the denial of its possession
by him and would render him dependent upon that branch in the
performance of a duty purely executive.
Public-domain text, read in full here on John Shaqi.
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