to determine on the
measures proper to be adopted. And he hoped these reasons would be
satisfactory for not transmitting to the House at that time the reports
referred to in its resolution.

It would appear from the report of the Committee on Indian Affairs, to
whom the communication of the Secretary of War was referred, and which
report has been transmitted to me, together with the resolutions of the
House adopted on the recommendation of the committee, and from those
resolutions, that the reasons given by the Secretary were not deemed
satisfactory and that the House of Representatives claims the right to
demand from the Executive and heads of Departments such information as
maybe in their possession relating to "subjects of the deliberations
of the House and within the sphere of its legitimate powers," and that
in the opinion of the House the reports and facts called for by its
resolution of the 18th of May related to subjects of its deliberations
and were within the sphere of its legitimate powers, and should have
been communicated.

If by the assertion of this claim of right to call upon the Executive
for all the information in its possession relating to any subject of the
deliberation of the House, and within the sphere of its legitimate
powers, it is intended to assert also that the Executive is bound to
comply with such call without the authority to exercise any discretion
on its part in reference to the nature of the information required or to
the interests of the country or of individuals to be affected by such
compliance, then do I feel bound, in the discharge of the high duty
imposed upon me "to preserve, protect, and defend the Constitution of
the United States," to declare in the most respectful manner my entire
dissent from such a proposition. The instrument from which the several
departments of the Government derive their authority makes each
independent of the other in the discharge of their respective functions.
The injunction of the Constitution that the President "shall take care
that the laws be faithfully executed" necessarily confers an authority
commensurate with the obligation imposed to inquire into the manner in
which all public agents perform the duties assigned to them by law. To
be effective these inquiries must often be confidential. They may result
in the collection of truth or of falsehood, or they may be incomplete
and may require further prosecution. To maintain that the President
can