This statement was accompanied by the expression of a hope that the
misapprehension of the Executive position, indicated in the majority
report just presented and published, might excuse his then submitting
a communication. He commented upon the statement in the report
that “the important question, then, is whether it is within the
constitutional competence of either House of Congress to have access
to the official papers and documents in the various public offices
of the United States, created by laws enacted by themselves,” by
suggesting that though public officials of the United States might be
created by laws enacted by the two Houses of Congress, this fact did
not necessarily subject their offices to congressional control, but,
on the contrary, that “these instrumentalities were created for the
benefit of the people, and to answer the general purposes of government
under the Constitution and the laws; and that they are unencumbered by
any lien in favor of either branch of Congress growing out of their
construction, and unembarrassed by any obligation to the Senate as the
price of their creation.” While not conceding that the Senate had in
any case the right to review Executive action in suspending officials,
the President disclaimed any intention to withhold official papers
and documents when requested; and as to such papers and documents, he
expressed his willingness, because they were official, to continue, as
he had theretofore done in all cases, to lay them before the Senate
without inquiry as to the use to be made of them, and relying upon
the Senate for their legitimate utilization. The proposition was
expressly denied, however, that papers and documents inherently private
or confidential, addressed to the President or a head of department,
having reference to an act so entirely executive in its nature as the
suspension of an official, and which was by the Constitution as well
as by existing law placed within the discretion of the President, were
changed in their nature and instantly became official when placed for
convenience or for other reasons in the custody of a public department.
The contention of the President was thus stated:
There is no mysterious power of transmutation in departmental
custody, nor is there magic in the undefined and sacred
solemnity of departmental files. If the presence of these
papers in the public office is a stumbling-block in the way of
the performance of senatorial duty, it can be easily removed.
The Senate’s purposes were characterized in the message as follows:
Public-domain text, read in full here on John Shaqi.
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