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stroyed in 1858 when his home in North Bend, Ohio was consumed by flames. While the Library of Congress has 800 items from the Tyler presidency, purchased in 1919 for $1,000, a large part of the original collection was destroyed in the burning of Richmond in 1865. Documents of President Taylor not already scattered by descendants were burned during the Civil War when the family plantation was put to the torch.

Peculiarities surround the papers of some Presidents. After leaving office, President Grant reportedly returned certain of the letters he had received from political friends and associates to their writers. Most of Chester A. Arthur's papers "have disappeared." The documents of Harding's presidency disappeared for a time and were thought to have been destroyed by his wife but they then turned up in Marion, Ohio, and are under seal, the most sensitive items to be released in 2014.

COMPLICATIONS OF TRADITION

Traditionally, then, the papers of the President were regarded as his personal property. But, as the Federal institution began to grow, questions began to arise as to the propriety and wisdom of this practice. Historians became alarmed that papers were accidently destroyed, lost, and often selectively released for scrutiny. Archivists lamented omissions in the national government record which the situation created. Not only might entire files be carried from the White House, but presidential correspondence might be retrieved from departmental files. As it applied to government records, the concept of presidential papers knew no bounds. This aspect of the practice became particularly acute in the aftermath of the creation of the Executive Office of the President. Franklin D. Roosevelt established a panoply of emergency and wartime agencies within this domain, all of which served the President in an advisory capacity and all of which could be regarded as producers of "presidental papers." The removal of the papers of these entities constitutes both a records management problem and an administrative continuity difficulty.

PRESIDENTIAL LIBRARIES

Franklin D. Roosevelt sought to return presidential papers to the public realm through a new type of institution-the presidential library. When F.D.R. advanced this concept in 1938, two prototype libraries were already in existence. In 1914 the State of Ohio completed the Rutherford B. Hayes Memorial Library in Fremont, Ohio. Built in fulfillment of obligations to receive the former Chief Executive's papers and memorabilia, the library has 67,425 items and 293 volumes of material. The memorial, which also houses certain state historical papers apart from those of President Hayes, is maintained jointly by the State of Ohio and the Rutherford B. Hayes-Lucy Webb Hayes Foundation.

President Herbert Hoover placed his presidential papers in the Hoover Library of War, Revolution and Peace, located on the Stanford University campus. In 1919 Hoover pledged $50,000 to the University to establish an institution which would serve as a repository of information on propaganda and activities of World War I. Built at a cost of $600,000 for the basic archival building, the resulting entity is now called the Hoover Institution on War, Revolution and Peace. It is no longer attached to Stanford University but maintains itself through donations and as a contract research institution. It holds papers evolving from Hoover's public service since 1914. Certain of the presidential papers were transferred to the Herbert Hoover Library at West Branch, Iowa, when that presidential library was completed and turned over to the National Archives in 1964. It was Franklin Roosevelt who developed the concept of a publicly maintained presidential library. The idea apparently germinated in the President's mind in 1938. By December of that year he had organized an "Executive Committee" on the project and had recruited Waldo Gifford Leland to chair the panel. After an initial organization meeting and gathering with the President on December 17, plans were made to organize a corporation to gather funds for the private construction of the library building. The Carnegie Corporation granted the Execu

3 The bulk of the records of these temporary agencies are, in fact, divided between the Roosevelt Library and the National Archives in Washington.

4 Lloyd, op. cit., p. 13.

Paul Dickson. Think tanks. New York, Atheneum, 1971, p. 303.

Lloyd, op. cit., p. 15.

7 For Leland's own account of the evolution of the Roosevelt Library see Waldo Gifford Leland. The creation of the Franklin D. Roosevelt Library: a personal narrative. The American Archivist, v. 18, January, 1955: 11-31.

tive Committee $1,500 for its activities, only about half of which was actually expended. The first round of pledges to the corporation secured $450,000.

The declared purposes of the corporations were to construct and equip a building or buildings at Hyde Park, or elsewhere, either for the corporation or for the United States, for the housing and preservation of such historical materials as Franklin D. Roosevelt might give, bequeath, or transfer to the corporation or to the United States, as well as any other acceptable historical materials; and to provide for the custody and maintenance of such buildings and historical materials, making the latter available to students, scholars, historians, teachers, and others until ownership and control should be taken over by the United States. The corporation had power to solicit, accept, borrow, invest, and expend money, and to transfer property to the United States provided that adequate legislation should have been enacted for the acceptance of such property and for its permanent care and maintenance.10 The Roosevelt Library was established through special legislation (53 Stat. 1062) enacted in 1939. Similar institutions for succeeding Chief Executives were brought into existence under the provisions of the Presidential Libraries Act of 1955 (69 Stat. 695; 44 U.S.C. 2107 et. seq [1970]). As established in the F.D.R. model for such institutions, present arrangements allow a President to take virtually any papers he wishes upon leaving office, to sort the papers with a view to security classification restrictions and/or personal wishes regarding their placement in the public realm, and to construct an edifice with private funds to house the papers and other materials of his administration. Upon completion of the library building, a former President might then deed over such papers as he wishes to publicly release and turn over the library facilities to the Federal government for supervision and maintenance.

The important considerations to keep in mind with regard to these processes are: (1) it is the President who determines the scope of the term "presidential papers," (2) that however defined, "presidential papers" are regarded as the personal property of the former Chief Executive, (3) that a former President has the option to withhold papers for public scrutiny for reasons of his own choosing, and (4) a former President may destroy papers in his possession without disclosing their identity, contents, or an acknowledged reason for his action. In the absence of an official presidential library being built, a former President may, under existing law and practice, retain his papers or dispose of them in any manner he wishes. Almost every Chief Executive since F.D.R. has deposited his papers and artifacts in such a library." The exception to this rule is former President Richard M. Nixon who has established a contractual relationship with the General Services Administrator regarding his materials of office but has not indicated if and when an official library will be made available for the housing of his papers and artifacts." Complicating this arrangement are requests and subpoena demands for documents and tape recordings from this records cache.

PENDING LEGISLATION

As a reaction, in whole or in part, to prevailing practices regarding presidential papers, the following bills have been introduced during the 93rd Congress.

H.R. 12116-Rep. Delbert Latta: Provides that all letters, memoranda, and other papers produced or acquired by any office or employee of the United States in connection with the performance of his duties shall be the property of the United States and prohibits the sale or use of such property for personal gain.

H.R. 14935 and companions-Rep. Richard C. White: Sets forth general provisions for the preservation and management of Federal government records and invests the Administrator of the General Services Administrations with authority to determine the selective retention of agency records, to recover unlawfully removed records, and to order specific actions with regard to agency records and records management practices. The application of this bill to presidential documents would appear to be tangential, governing Federal agencies other than the White House Office.

H.R. 14939 and companions-Rep. Thomas Luken; S. 2949-Sen. Birch Bayh: Provides for the public ownership of all documents prepared for or

8 Thid., p. 15.

Thid., p. 16.

10 Thid., pp. 17-18.

11 For an indication of the location of presidential papers see Appendix I.

12 For an indication of the nature of this contractual relationship see Appendix II.

by any elected Federal official in connection with the performance of their duties, including the President, the Vice President, and Members of Congress. H.R. 16454-Rep. Jonathan Bingham: A briefer version of H.R. 14939. The foregoing paragraphs generally outline current conditions with regard to presidential papers and identifies legislation affecting same. There is no intention to advocate or oppose any particular policy or item of pending legislation regarding this subject.

President

George Washington
(1732-99), President
1789-97.

John Adams (17351826), President 1797-1801.

Thomas Jefferson
(1743-1826),
President 1801-09.

James Madison
(1751-1836), Presi-
dent 1809-17.

James Monroe
(1758-1831), Presi-
dent 1817-25.

APPENDIX I

DEPOSITORIES AND PURCHASES OF PRESIDENTIAL PAPERS

Depositories 1

The Library of Congress has some 800 volumes of letters, diaries,
official papers, and other manuscripts. The Henry E. Huntington
Library (San Marino, Calif.) has 450 letters. The Connecticut
State Library has the extensive Trumbull correspondence.
Other collections are in the Chicago Historical Society (150
pieces), the U.S. Naval Academy (15 pieces), Maryland His-
torical Society (62 pieces), Boston Public Library (5 vols.),
Harvard College Library (88 pieces), William L. Clements
Library (Ann Arbor) with 147 items, Detroit Public Library
(part of the diary), Minnesota Historical Society (123 pieces),
Princeton University Library, New Jersey State Library (34
items), Long Island Historical Society (123 pieces), Cornell
University Library (80 pieces), Morristown National Historical
Park (95 pieces), Columbia University Library (57 pieces,
including parts of the diary), New York Historical Society (215
pieces), New York Public Libarry, Pierpont Morgan Library
(New York, N.Y.) (114 items), Duke University Libraries (99
pieces), Historical Society of Pennsylvania, Virginia Historical
Society (225 pieces), Virginia State Library, and William &
Mary College (205 pieces). The Washington home, Mount
Vernon, has family papers and diaries of the later years.

The Adams papers are largely in the Massachusetts Historical
Society, which has the diaries, the autobiography, and various
manuscripts. There are 4 boxes of papers dated from 1776 to
1813. The Boston Public Library has some papers and some
books with annotations by Adams. The post-presidential papers
in the Harvard College Library are chiefly retrospective com-
ments on the Revolution. There are scattered papers in the
Columbia University Library, the Duke University Hospital
Library, Princeton University Library, the Pierpont Morgan
Library, and Historical Society of Pennsylvania.

The Library of Congress has 236 volumes of the correspondence,
and the Massachusetts Historical Society has 77 volumes of
papers and some of his record books. The University of Virginia
has 2,500 items, Colonial Williamsburg 600 pieces, and William
& Mary College 265 pieces. The Virginia Historical Society has
100 items, and there are some assorted papers in the Virginia
State Library. Other collections are the Henry E. Huntington
Library (800 pieces), the Historical Society of Delaware 14
items), the William L. Clements Library (91 pieces), the Missouri
Historical Society (130 items), Princeton University Library,
Columbia University Library (21 items), New York Historical
Society (130 items), New York Public Library, Pierpont Morgan
Library (245 pieces), Duke University Libraries (33 pieces),
American Philosophic Society (Philadelphia), Historical Society
of Pennsylvania, and the University of Texas (68 items).

There are 114 boxes and 10 volumes of papers in the Library of
Congress. The University of Virginia has 165 items, the New
York Historical Society 134 pieces, and the Henry E. Huntington
Library 104 pieces. There are smaller collections at the Virginia
State Library, William & Mary College, the Virginia Historical
Society, the Historical Society of Pennsylvania, the Pierpont
Morgan Library, William L. Clements Library, and Princeton
University Library. The New York Public Library has a collection
of 390 items.

Chief repositories are the Library of Congress with 40 volumes and
5 boxes, New York Public Library with 1,300 items, and the
James Monroe Memorial Foundation (Fredericksburg, Va.)
with an extensive and varied collection. There are also mate-
rials at William & Mary College (111 pieces), the University
of Virginia (160 pieces), the New York Historical Society (50
items), the Pierpont Morgan Library (30 items), University of
Pennsylvania Library (30 items), the Virginia Historical Society
(35 items), and the Virginia State Library.

See footnotes at end of table.

Purchases 2

The Library of Congress acquired its papers in purchases totaling $45,000 in 1834 and 1849.

Many of the 23,600 items

held by the Library of Congress were purchased in 1848 for $20,000 from Thomas Jefferson Randolph, executor of the Jefferson estate. Fully half of the collection purchased at that time was returned, however, as being of too "personal" a nature for government acquisition. This returned cache of papers was ultimately dispersed by the heirs to friends, relatives, and collectors.

Of the approximately 10,000 items in the Madison collection held by the Library of Congress, most were acquired through 2 purchases from Mrs. Madison and one from the Chicago Historical Society. The cost of the 3 transactions amount to $65,000.

The Library of Congress

holds 4,200 items which were acquired from the Monroe heirs in 1849 for $20,000.

President

DEPOSITORIES AND PURCHASES OF PRESIDENTIAL PAPERS-Continued

John Quincy Adams
(1767-1848), Presi-
dent 1825-29.

Andrew Jackson
(1767-1845), Presi-
dent 1829-37.

Martin Van Buren
(1782-1862),
President 1837-41.

William Henry

Harrison (17731841), President 1841.

John Tyler (17901862), President 1841-45.

James K. Polk (1795

1849), President 1845-49.

Zachery Taylor (17841850), President 1848-50.

Millard Fillmore
(1800-74), Presi-
dent 1850-53.

Franklin Pierce (180469), President 1853-57.

James Buchanan
(1791-1868),
President 1857-61.

Depositories 1

Most are in the Massachusetts Historical Society (some 15,000
diary pages and 6,300 letters). The Library of Congress has
several boxes, and scattered items are in the New York Histori-
cal Society, the New York Public Library, and the Pierpont
Morgan Library.

The Library of Congress has a collection of over 340 volumes and
boxes. The Tennessee State Library has 1,500 items, and the
Tennessee Historical Society and the Jackson home, the Hermi-
tage, have additional materials. Other collections are the Chicago
Historical Society (450 items), New York Public Library (250
items), Pierpont Morgan Library (72 pieces), Duke University
Libraries (50 items), Missouri Historical Society (40 items),
Princeton University Library, and New York Historical Society.

Purchases?

Of the 20,000 items held by the Library of Congress, a small number of papers were Donated in 1903 by the F. P. Blair family; 2 purchases of papers were made an 1911 and 1932 for a total expenditure of $18,000. Some of Jackson's papers were lost in 1834 when the Hermitage burned.

The Library of Congress has 73 volumes and containers, and the Van Buren's papers re-
New York State Library has a collection of letters. There are
smaller collections in the Columbia County Historical Society
(Kinderhook, N.Y.), the Pierpont Morgan Library and the
Massachusetts Historical Society.

Most are in the Library of Congress and Indiana State Library, but A
significant presidential writings are limited to his inaugural
address.

There are 8 volumes in the Library of Congress, and a smaller col-
lection in the Duke University Libraries. The University of Vir-
ginia Library, William & Mary College, and the Pierpont Morgan
Library have collections ranging up to 130 pieces.

mained in the control of his family until 1904-05 when they were presented to the Library of Congress. The former President is thought to have destroyed many of his papers before his death.

number of Harrison's records are thought to have been destroyed when his homestead burned in 1858.

While a large part of the Tyler cache was burned in 1965 when Richmond was put to the torch, the Library of Congress purchased its collection from Tyler's son in 1919 for $1,000.

The Library of Congress has 188 volumes and boxes. The diary, There were 2 purchases of
running to 25 volumes of up to 200 pages each, is in the Chicago
Historical Society. Scattered correspondence and papers are
in the William L. Clements Library and the Tennessee Historical
Society.

1 volume and 2 boxes are in the Library of Congress. The Kentucky
Historical Society (Frankfort), the University of Kentucky Library
and the University of North Carolina Library have assorted
papers, mostly pre-Presidential.

The Buffalo Historical Society has all but a few that are in the
Library of Congress.

The largest collection, 1,500 items is in the New Hampshire His-
torical Society. The Library of Congress has a few additional
pieces. But the papers relating to the period of the presidency
have, for the most part, disappeared.

The Library of Congress has 11 volumes and boxes, and the His-
torical Society of Pennsylvania has 25,000 items. There is a
considerable collection in the Lancaster County (Pa.) Historical
Society. Smaller collections are in Franklin & Marshall College
Library, Dickinson College Library, the Rutherford B. Hayes
Library (Freemont, Ohio), the Pierpont Morgan Library, the New
York Historical Society, and the Princeton University Library.

Polk papers by the Library of Congress, 1 from a family heir and 1 from the Chicago Historical Society, both of which totaled $13,500.

Pierce is thought to have destroyed many of his papers; much of his official and personal White House correspondence has disappeared.

See footnotes at end of table.

President

Abraham Lincoln
(1809-65),
President 1861-
65.

Andrew Johnson (1808-75),

DEPOSITORIES AND PURCHASES OF PRESIDENTIAL PAPERS-Continued

President 1865-69.

Ulysses S. Grant
(1822-85),
President 1869-77.

Rutherford B. Hayes (1822-93), President 1877-81.

James A. Garfield (1831-81), President 1881.

Chester A. Arthur
(1830-86);
President 1881-85.

Grover Cleveland (1837-1908).

Benjamin Ha.rison
(1833-1901), Presi-
dent 1889-93.

William McKinley
(1843-1901), Presi-
dent 1897-1901.

Theodore Roosevelt
(1858-1919), Presi-
dent 1901-09.

William H. Taft (18561924), President 1909-13.

Depositories 1

The major collection, over 100 volumes and boxes, is in the Library
of Congress. The Illinois Historical Society has over 6,000 items.
and the Brown University Library 1,678 pieces. There are 4
boxes of material at the University of Chicago. Other collections
are at the Chicago Historical Society (50 items), Indiana Univer-
sity Library (215 items), Boston University Libraries (60 items),
Harvard College Library (40 items), New York Historical Society
(4 volumes and boxes), New York Public Library (4 boxes),
Minnesota Historical Society (11 items), Missouri Historical
Society (41 items), the Pierpont Morgan Library (26 items), the
Rutherford B. Hayes Library (Fremont, Ohio), and Lincoln
Memorial University 'Harrogate, Tenn.).

The Library of Congress has 275 volumes and boxes. The Ruther-
ford B. Hayes Library has 158 items, and the Duke University
Libraries have 42 items.

The Library of Congress has over 100 volumes and boxes. The
Henry E. Huntington Library has 345 items, and the Rutherford B.
Hayes Library 255 items. Smaller collections are at the Chicago
Historical Society (125 pieces), Illinois State Historical Library
(200 pieces), Chicago Public Library (10 pieces), Illinois Historical
Society (27 letters), the New York Historical Society (35 items),
and the Pierpont Morgan Library (11 pieces).

Some 300 volumes and 75,000 items are in the Rutherford B.
Hayes Library in Fremont, Ohio, Hayes's home. Western Re-
serve University Library has 8 boxes, and the Library of Congress
has 5 boxes.

There are 343 volumes and boxes, most pre-Presidential, in the
Library of Congress. The Ohio Historical Society has 1 box, and
the Rutherford B. Hayes Library has 30 items.

The Library of Congress has 5 boxes; the New York Historical
Society 8 volumes of letters and a box of other papers. The
Rutherford B. Hayes Library has 16 items.

The major collections are at the Library of Congress with 407
volumes and 109 boxes and the Detroit Public Library with
1,250 items largely relating to the second administration. The
Buffalo Historical Society has 75 items, New York Historical
Society 30 items, and Pierpont Morgan Library 14 pieces.
Princeton University Library also has a varied collection.

The Library of Congress has 290 volumes and 193 boxes. Indiana
Library has a box of papers, and the Rutherford B. Hayes Library
42 items.

There is a collection of 417 volumes and boxes in the Library of
Congress, and other sizable collections are at the Western Re-
serve Historical Society and the Western Reserve University
Library (2 volumes of letters). A few papers are at the Rutherford
B. Hayes Library

The Library of Congress has well over 1,000 volumes and boxes.
There is another large collection at the Harvard College Library.
The Pierpont Morgan Library has the manuscript of his auto-
biography and some letters. William L. Clements Library has 290
items, the University of Southern California Library 60 items,
Bowdoin College Library 15 items, Duke University Libraries 43
pieces, and Yale University Library assorted letters.

There are 1,300 boxes at the Library of Congress. Other collections
are at the Yale University Library, Princeton University Library,
Western Reserve University Library, and the Ohio Historical
Society.

Purchases 2

The Library of Congress acquired its collection of Johnson papers through two purchases from family heirs for $7,500.

Though not a prolific letter

writer, Grant is reported to have returned certain letters he received as Presidentjto the originator of the correspondence.

The first actual Presidential library, the Hayes Memorial Library is maintained by the State of Ohio and the Rutherford B. Hayes-Lucy Webb Hayes Foundation.

The Library of Congress was made a gift of its Garfield collection in 193031 by the former President's children.

The Cleveland collection of the Library of Congress was presented as a gift by Mrs. Preston, the former President's widow

The Harrison papers were presented to the Library of Congress by members of the former President's family.

Approximately 122,000

items were presented
to the Library of Congress
in 1935 by George B.
Cortelyou. the President's
personal secretary and
executor.

The T. R. collection held by the Library of Congress was donated by the former President himself.

Of the half a million item
held by the Library of
Congress, none could be
consulted prior to 1960
without the consent of
the Taft family. The
first L. C. deposit of
Taft papers was made in
1919 and various addi-
tions followed after that
time.

See footnotes at end of table.

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