The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-03-26

must act Boswell TO all has vlslters, at least 10
those who hold any important public station.
The resolution to which he replies in this mes
sage is the ne plus ultra of espionage!
WASHINGTON, March %, 1912.
To the House Of Representatives. Of the U. States
A resolution adopted by the House of Representa-
lives the 2lst instant, in the following words, viz
/" Rssolped, That the President of the United States
and the Heads of the several Departments be request
ed to communicate to the House of Representatives
the names of such of the members (if any) of the
26th and 9th Congress, who have been applicants for
office, and for what Offices distinguishing between
those who have applied in person, and those whose
applications were made by friends, whether in person
or by writing has been transmitted to me fol my con-
sideratiOn.
If it were consistent with the rights and duties of
the Executive Department it would afford me great
pleasure to furnish In this, In all cases in which
proper information Is demanded, ready compliance
with the wishes Of the House of Representatives.
But since, in my view general considerations of policy
and propriety well proper defence of the rights
and safeguards of the Executive Department require
of me, the Chief Magistrate to refuse compliance
with the terms of this resolution, it is incumbent on
me to urge for the consideration of the House of Rep
resentaves, my reasons for declining to give the de-
sired information.
All appointments to Office made by President be-
come, from the date of their nomination to the SEN
ate official acts, which are matter of record and
NJ tue known 10 the House OF ttep-
resentaves and to the country But applications for
office, or letters respecting appointments,
tons held with individuals such subjects, are
not official proceedings, and cannot by any be
made to partake of the character of official proceed
ings, unless after the nomination of such person so
writing or conversing the President shall think
per to lay such correspondence such conversations
before the Senate. Applications for office in their
very nature confdental and if the reasons assigned
for such applications or the names Of the applicants
fdence be wantonly violated, but, in addition, it is
quite obvious that a mass of vague, ncoherent, and
personal matter would be made public at a vast con-
sumption of time, money, and trouble, without &C
compllshing, or tending in any manner to accomplish
appears to me, any useful object connected with
sound and constitutional administration of the Gov
eminent in any of its branches
But there is consideration of still more effective
and lofty character, which is with me entirely deci
sve of the correctness of the view that have taken
of this question While shall evince the great
est readiness to communicate to the House of Repre-
sentatives all proper information which the House
shall deem necessary due discharge of its consti-
tutona obligations and functions, yet it becomes me-
in defence of the Constitution and laws of the Uni
ted States to protect the Executive Department from
all encroachment on its powers, rights and duties In
my Judgment compliance with the resolution which
has been transmitted to me would be surrender of
duties and powers which the Constitution has con-
ferred exclusively the Executive; and therefore
such compliance cannot be made by me, nor by the
Heads OF Departments by my direction. The ap-
pointing power, so far as 1t is bestowed the Presi-
dent by the Constitution, is conferred without reserve
or qualification. The reasons fol the appointment,
and the responsibility of the appointment rest with
him alone. cannot perceive any where in the Con-
tuition of the United States any right conferred on
the House of Representatives to hear the reasons
which an applicant may urge for appointment to
Office under the Executive Department, or any duty
resting upon the House of Representatives 10y which
it may become responsible for any such appointment
Any assumption or misapprehenson Oh the part of
the House of Representatives of its duties and pow
ers in respect to appointments by which it encroaches
on the rights and duties of the Executive Depart
ment Isl to the extent to which reaches dangerous,
impolitic and unconstitutional.
For these reasons, so perfectly convincing to my
mind beg leave respectfully to repeat in conclusion
that cannot comply with the request contained in
the above resolution
JOHN TYLER