their production is contrary to the public interests.
The courts have also held that the question whether the production of
the papers would be against the public interest is one for the executive
and not for the courts to determine." Mr. Jackson cites Marbury _v._
Madison, 1 Cr. 137, 169 (1803); and more than a dozen other cases,
federal and State, most of which involved "privileged communications" in
ordinary court proceedings. The doctrine of the equality of the three
departments is also invoked by him.--10 Op. Atty. Gen. 45.

[329] _See_ Norman J. Small, Some Presidential Interpretations of the
Presidency (Johns Hopkins Press, 1932); Henry C. Black, The Relation of
the Executive Power to Legislation (Princeton, 1919); W.E. Binkley, The
President and Congress (New York, 1947); Edward S. Corwin, The
President, Office and Powers (3d ed., 1948), Chaps. I and VII, _passim_.

[330] The first Harrison, Polk, Taylor, and Fillmore all fathered
sentiments to this general effect. _See_ Messages and Papers of the
President, IV, 1864; V, 2493; VI, 2513-2519, 2561-2562, 2608, 2615.

[331] Note 1, above. [Transcriber's Note: Reference is to Footnote 329,
above.]

[332] Charles Warren, Presidential Declarations of Independence, 10
Boston University Law Review, No. 1 (January, 1930); Willoughby, On the
Constitution, III, 1488-1492.

[333] 7 Op. Atty. Gen. 186, 209 (1855).

[334] 5 Moore, International Law Digest, 15-19.

[335] 4 Ibid. 473-548; 5 Ibid. 19-32.

[336] Opinion on the Question Whether the Senate Has the Right to
Negative the Grade of Persons Appointed by the Executive to Fill Foreign
Missions, April 24, 1790; Padover, The Complete Jefferson (New York,
1943), 138.

[337] 4 Moore, International Law Digest, 680-681.

[338] This measure, amended by the act of March 4, 1909 (35 Stat. 1088),
is now 18 U.S.C.A. Sec. 953.

[339] _See_ Memorandum on the History and Scope of the Laws Prohibiting
Correspondence with a Foreign Government, S. Doc. 696, 64th Cong., 2d
sess., (1917). The author was Mr. Charles Warren, then Assistant
Attorney General. Further details concerning the observance of the
"Logan" Act are given in Corwin, The President, Office and Powers (3d
ed.) 223-224, 469-470. Early in October, 1950 President Harold Stassen
of the University of Pennsylvania announced that he had written Premier
Stalin offering to confer with him respecting issues between the two
governments.

[340] Benton Abridgment of the