I consider them in no proper sense as upon the
files of the Department, but as deposited there for my convenience,
remaining still completely under my control. I suppose if I desired to
take them into my custody I might do so with entire propriety, and if
I saw fit to destroy them no one could complain.
Even the committee in its report appears to concede that there may be
with the President or in the Departments papers and documents which, on
account of their unofficial character, are not subject to the inspection
of the Congress. A reference in the report to instances where the House
of Representatives ought not to succeed in a call for the production of
papers is immediately followed by this statement:
The committee feels authorized to state, after a somewhat 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.
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