An important question
arises, whether a subsequent President, either voluntarily or at the
request of one branch of Congress, can without a violation of the spirit
of the law revise the acts of his predecessor and expose to public view
that which he had determined should not be "made public." If not a
matter of strict duty, it would certainly be a safe general rule that
this should not be done. Indeed, it may well happen, and probably would
happen, that the President for the time being would not be in possession
of the information upon which his predecessor acted, and could not,
therefore, have the means of judging whether he had exercised his
discretion wisely or not. The law requires no other voucher but the
President's certificate, and there is nothing in its provisions which
requires any "entries, receipts, letters, vouchers, memorandums, or
other evidence of such payments" to be preserved in the executive
department. The President who makes the "certificate" may, if he
chooses, keep all the information and evidence upon which he acts in his
own possession.
Pages:
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169