Evening star., 1954-05-17

1erSon'S reply 20 the resolution
was q message to the Senate
and House Of Representatives.
jefferson brought the Con-
gress up to date on the news
which he had been receiving
concerning the illegal combi-
nation of private individuals
against the peace and safety
Of the Union. He pointed out
that he had recently received
a mass of data, most of which
had been obtained without the
sanction Of an oath so as to
constitute formal and legal
evidence. 1T Is chiefly In the
form Of letters, often contain-
ing such q mixture Of rumors,
conjectures, and suspicious as
renders 1t difficult to sift out
the real facts and unadvisable
to hazard more than general
outlines, strengthened by con-
current information or the par
ticular credibility Of the re-
lator. In this state of the evi-
deEee, delivered sometimes,
too. under the restriction of
private confidence. neither
safety nor justice will permit
the exposing names, except
that of the principal actor.
whose guilt is placed beyond
question: Richardson's "Mes-
sages and Papers Of the Presi-
DENTS" Vol. /, p. 412, dated
January 20, 1807.)
SimiIor Actions by Presidents
Jackson, Tyler. Buchanan
And Gront
On February 10, 1885, Presi-
dent Jackson sent a message to
the Senate wherein he declined
to comply with the Senate's
resolution requesting him to
communicate copies of charges
which had been made to the
President against the official
conduct of Gideon Fitz, late
surveyor general, which caused
his removal from office. -.
y ~
The President declined to
furnish the information. He
stated that in his Judgment
the information related to sub
jects exclusively belonging to
the executive department. =.
i ~ \ 4 ~
The President next took up
the fact that the Senate reso-
luton had been passed in ex-.
ecutive session, from which he
was bound to presume that If
the information requested by
the resolution were communi-
Gated. it would be applied in
secret session to the investiga-
ton of frauds in the sales of
public lands. The President
said that if he were to furnish
the information, the citizen
whose conduct the Senate
sought to impeach would lose
one of his basic rights, namely.
that OF a public investigation
in the presence of his accusers
and OF the witnesses against
him. In addition, compliance
with the resolution would sub
ject the motives of the Presi-
dent, In the case Of Mr.. Fitz.
to the review of the Senate
when not sitting as judges on
an impeachment; and even If
such a consequence did not
follow in the present case. the
President feared that compli-
ance by the Executive might
thereafter be quoted as q prec-
edent for similar and repeated
Applications.
One of the best-reasoned
precedents of a Presidents
refusal to permit the head Of
q department to disclose con-
f1dential information to the
House of Representatives is
President Tyler's refusal to
communicate to the House of
Representatives the reports
relative to the affairs of the
Cherokee Indians and to the
frauds which were alleged to
have been practiced upon
them. A resolution of the
House of Representatives had
called upon the Secretary of
War to communicated to the
House the reports made to the
Department of War by 1t. Col.
Hitchcock relative to the af-
fairs Of the Cherokee Indians
together with all information
communicated by him con-
= cerning the frauds he was
charged to investigate; also
all facts in the possession Of
the Executive relating to the
subject. The Secretary Of
War consulted with the Presi-
dent and. under the latter's
direction, informed the House
that negotiations were then
pending with the Indians for
settlement of their claims; in
the opinion Of the President
and the department, there
fore. publication Of the report
at that time would be incon-
sistent with the public interest.
The Secretary of War further
stated in his answer to the
resolution that the report
sought by the House, dealing
with alleged frauds which 1t.
Col. Hitchcock was charged to
investigate, contained infor-
nation which was obtained by
Col. Hitchcock by ex parte
inquiries of persons whose
statements were without the
sanction Of an oath, and which
the persons implicated had had
no opportunity to contradict
or explain. The Secretary of
War expressed the opinion that
to promulgate those state
ments at that time would be