omewhat careful
research, that within the foregoing limits there is scarcely in the
history of this Government, until now, any instance of a refusal by a
head of a Department, or even of the President himself, to communicate
official facts and information, as distinguished from private and
unofficial papers, motions, views, reasons, and opinions, to either
House of Congress when unconditionally demanded.
To which of the classes thus recognized do the papers and documents
belong that are now the objects of the Senate's quest?
They consist of letters and representations addressed to the Executive
or intended for his inspection; they are voluntarily written and
presented by private citizens who are not in the least instigated
thereto by any official invitation or at all subject to official
control. While some of them are entitled to Executive consideration,
many of them are so irrelevant, or in the light of other facts so
worthless, that they have not been given the least weight in determining
the question to which they are supposed to relate.
Are all these, simply because they are preserved, to be considered
official documents and subject to the inspection of the Senate? If not,
who is to determine which belong to this class? Are the motives and
purposes of the Senate, as they are day by day developed, such as would
be satisfied with my selection? Am I to submit to theirs at the risk of
being charged with making a suspension from office upon evidence which
was not even considered?
Are these papers to be regarded official because they have not only been
presented but preserved in the public offices?
Their nature and character remain the same whether they are kept
in the Executive Mansion or deposited in the Departments. There is no
mysterious power of transmutation in departmental custody, nor is there
magic in the undefined and sacred solemnity of Department files. If the
presence of these papers in the public offices is a stumbling block in
the way of the performance of Senatorial duty, it can be easily removed.
The papers and documents which have been described derive no official
character from any constitutional, statutory, or other requirement
making them necessary to the performance of the official duty of the
Executive.
It will not be denied, I suppose, that the President may suspend a
public officer in the entire absence of any papers or documents to
aid his official judgment and discre
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