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.
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