The Secretary of War further stated in his answer to the resolution that the other report referred to in it, relating to the alleged frauds which Lieutenant-Colonel Hitchcock was charged to investigate, contained such information as he (Colonel Hitchcock) was enabled to obtain by ex parte inquiries of various persons whose statements were necessarily without the sanction of an oath, and which the persons implicated had had no opportunity to contradict or explain.  He expressed the opinion that to promulgate those statements at that time would be grossly unjust to those persons and would be calculated to defeat rather than promote the objects of the inquiry, and he remarked that sufficient opportunity had not been given to the Department to pursue the investigation or to call upon the parties affected for explanations or 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