EDW. LIVINGSTON.

[Footnote 12: A memoir to be laid before the commission which may be

appointed to examine the law, intended to contain all the arguments and

facts by which it is to be supported.]

WASHINGTON, _February 10, 1835_.

_To the Senate of the United States_:

I have received the resolution of the Senate of the 2d instant,

requesting me to communicate copies of the charges, if any, which may

have been made to me against the official conduct of Gideon Fitz, late

surveyor-general south of the State of Tennessee, which caused his

removal from office.

The resolution is preceded by a preamble which alleges as reasons for

this request that the causes which may have produced the removal of the

officer referred to may contain information necessary to the action of

the Senate on the nomination of his successor and to the investigation

now in progress respecting the frauds in the sales of the public lands.

This is another of those calls for information made upon me by the

Senate which have, in my judgment, either related to the subjects

exclusively belonging to the executive department or otherwise

encroached on the constitutional powers of the Executive. Without

conceding the right of the Senate to make either of these requests,

I have yet, for the various reasons heretofore assigned in my several

replies, deemed it expedient to comply with several of them. It is now,

however, my solemn conviction that I ought no longer, from any motive

nor in any degree, to yield to these unconstitutional demands. Their

continued repetition imposes on me, as the representative and trustee of

the American people, the painful but imperious duty of resisting to the

utmost any further encroachment on the rights of the Executive. This

course is especially due to the present resolution. The President in

cases of this nature possesses the exclusive power of removal from

office, and, under the sanctions of his official oath and of his

liability to impeachment, he is bound to exercise it whenever the public

welfare shall require. If, on the other hand, from corrupt motives he

abuses this power, he is exposed to the same responsibilities. On no

principle known to our institutions can he be required to account

for the manner in which he discharges this portion of his public

duties, save only in the mode and under the forms prescribed by the

Constitution. The suggestion that the charges a copy of which is

requested by the Senate "may contain information necessary to their

action" on a nomination now before them can not vary the principle.

There is no necessary connection between the two subjects, and even if

there were the Senate have no right to call for that portion of these

matters which appertains to the separate and independent action of the

Executive. The intimation that these charges may also be necessary

"to the investigation now in progress respecting frauds in the sales of

public lands" is still more insufficient to authorize the present call.

Those investigations were instituted and have thus far been conducted

by the Senate in their legislative capacity, and with the view, it

is presumed, to some legislative action. If the President has in his

possession any information on the subject of such frauds, it is his duty

to communicate it to Congress, and it may undoubtedly be called for by

either House sitting in its legislative capacity, though even from such

a call all matters properly belonging to the exclusive duties of the

President must of necessity be exempted.

The resolution now before me purports to have been passed in executive

session, and I am bound to presume that if the information requested

therein should be communicated it would be applied in secret session to

"the investigation of frauds in the sales of the public lands." But,

if so applied, the distinction between the executive and legislative

functions of the Senate would not only be destroyed, but the citizen

whose conduct is impeached would lose one of his valuable securities,

that which is afforded by a public investigation in the presence of his

accusers and of the witnesses against him. Besides, a compliance with

the present resolution would in all probability subject the conduct and

motives of the President in the case of Mr. Fitz to the review of the

Senate when not sitting as judges on an impeachment, and even if this

consequence should not occur in the present case the compliance of the

Executive might hereafter be quoted as a precedent for similar and

repeated applications,

Such a result, if acquiesced in, would ultimately subject the

independent constitutional action of the Executive in a matter of great

national concernment to the domination and control of the Senate; if not

acquiesced in, it would lead to collisions between coordinate branches

of the Government, well calculated to expose the parties to indignity

and reproach and to inflict on the public interest serious and lasting

mischief.

I therefore decline a compliance with so much of the resolution of the

Senate as requests "copies of the charges, if any," in relation to Mr.

Fitz, and in doing so must be distinctly understood as neither affirming

nor denying that any such charges were made; but as the Senate may

lawfully call upon the President for information properly appertaining

to nominations submitted to them, I have the honor, in this respect, to

reply that I have none to give them in the case of the person nominated

as successor to Mr. Fitz, except that I believe him, from sources

entitled to the highest credit, to be well qualified in abilities and

character to discharge the duties of the office in question.

A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term) · 第 112 / 371 题