The Portland daily press., 1876-07-19
THE WHISKY PROSECUTIONS.


Secretary Bristow's Reply to The Presi.
dent.
WASHINGTON, July 1S.-The following is ex-
Secretary Bristow's reply to the President:
NEW YORK. July 49,
Mr.. President-I have the honor this moment
to receive your letter of yesterday, in which
referring with approval of my refusal to testify
before committee of the House of Represent
tatves to what occurred between the President
and myself while / held the office of Secretary
OF the Treasury, you are pleased to add that
your wish to relieve me from all obligations of
secrecy and to express your desire that all
members of your Cabinet may be called on to
testify fully.
When appeared before the committee last
week in obedience to their summons, 1 refused
to answer any and all questions which required
me to state any conversation between you and
myself touching official matters, whether such
conversation took place at a meeting of the
Cabinet, or at any time saying however, to
the Committee that DO inference adverse to
any one should be drawn from my refusal to
answe. their question. L took the position dis
tnctly that l considered all conversation be.
tween the President and heads of the depart
ments on official matters confidential ard priv
legged, and that the privilege existed not so
much for the protection of the parties immedi-
ately concerned as for the interest of the public
service.
If was right in this view of the matter it
would seem to follow that the privilege cannot
be waived by either or both parties Indeed,
l said to the Committee that l would not feel
at liberty to answer their questions with your
consent although 1 had no opportunity to ex-
anime authorities on the subject. 1 am still of
the opinion that the public duty to treat such
conversations as confidential and privileged is
not removed or modified by your consent that
should make full answer to questions. Were
the privilege merely personal, it might be
waived. butsI place it on higher grounds. | re-
spectfully suggest that the appearance of the
several heads of departments before a commit
tee Of Congress to testify to conversations be-
tween the President and themselves, running
Though period of many months, would
almost inevitably lead to the disclosure of diff
ferences of recollection, and present to the
country an unseemly conflict to which would
me that such an inquiry by committee of
Congress tends to the absorption, if not of the
complete destruction, of the executive power
and to the advancement of a purely legislative
government. In any view l am able to take, it
seems to me that duty requires me to adhere to
my announced purpose not to answer the ques-
tions propounded to me by the committee.
beg to remind you that my opinion on this
subject was repeatedly stated to you and the
members of your Cabinet, and as [ understood,
met your approval My withdrawal from the
Cabinet does not alter or modify my duty in
this respect, nor have my views undergone any
change.
hope l will not be recalled by the committee
but should they see proper to call me again, 1
cannot consent as at present advised, to testify
to conversations held with the President on
official business.
With great respect, l am,
Your obedient servant
B. Fl. BRIsrow.