6380. PAPERS, Communication of.—
With respect to [Executive] papers, there is
certainly a public and a private side to our
offices. To the former belong grants of land,
patents for inventions, certain commissions,
proclamations, and other papers patent in their
nature. To the other belong mere executive
proceedings. All nations have found it necessary,
that for the advantageous conduct of
their affairs, some of these proceedings, at
least, should remain known to their executive
functionary only. He, of course, from the nature
of the case, must be the sole judge of which
of them the public interests will permit publication.
Hence, under our Constitution, in requests
of papers, from the Legislative to the
Executive branch, an exception is carefully
expressed, as to those which he may deem the
public welfare may require not to be disclosed.—
To George Hay. Washington ed. v, 97.
Ford ed., ix, 57.
(W.
1807)
